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Home My WebLink AboutCC September 3, 2002 CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,CI.ANDOVER,MN,US Regular City Council Meeting - Tuesday, September 3, 2002 Call to order - 7:00 PM Resident Forum Agenda Approval 1. Approval of Minutes Consent Items .2. Approve Payment of Claims -Finance 3, Approve Transfer from the Road and Bridge Fund - Finance 4, Appointment Recommendations/Public Warks - Administration 5, Approve Temporary Non-Intoxicating Liquor License/Lions Club - Clerk 6, Approve Tobacco License/LC Tobacco, Inc, - Clerk 7, Adopt Assessment RolIlWaive Public Hearing/00-39/Chesterton Commons North Znd Addition - , Engineering 8. Adopt Assessment RolIlWaive Public HearinglOO-4I/Red Pine Fields - Engineering 9, Adopt Assessment RolIlWaive Public Hearing/00-40IWoodland Oaks - Engineering j 10, Approve Adjustment to Architectural Plans for Clarence Zuleger/Andover Awards & Embroidery/3l38 - 16Znd Lane NW - Planning Discussion Items II, Consider Lot Split/Beberg Landscaping/13530 Hanson Boulevard - Planning lZ, Consider Amendment to Ordinance ZI4rrree Preservation/Size of Tree Reduction -Planning 13, Adopt Z003 Preliminary Tax Levy & Proposed 2003 Budget- Finance 14, Set Truth in Taxation Hearing Date - Finance IS. Consider Request for Fencing/Ol-Z/New Ball Fields West of High School- Engineering 16, Award Bid/98-Z0/Bunker Lake Blvd. Pedestrian Underpass (Supplemental) - Engineering Mavor/Council 17, Research on Transfer Stations - Community Development 18. Consider YMCA Marketing Study - Administration Adjournment j CD ; CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW,CI.ANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City Administratorf FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: September 3, 2002 INTRODUCTION The following minutes have been provided by TimeSaver Secretarial Service: August 20, 2002 Regular Meeting / DISCUSSION Copies of the minutes have been e-mailed to Mayor Gamache and Councilmembers Orttel and Jacobson. Hard copies have been provided to Councilmembers Knight and Trude, ACTION REQUIRED The City Council is requested to approve the minutes of August 20, 2002. Respectfully submitted, IlL. d~ Vicki V olk City Clerk @ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW,C1.ANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ FROM: Jim Dickinson, Finance Direct ~ Lee Brezinka, Assistant Finance DIrector SUBJECT: Approve Transfer from the Road and Bridge Fund DATE: September 3, 2002 INTRODUCTION All prior year expenditures relating to Project #00-05 - ih Avenue Street & Utility Reconstruction should have been funded through the Road & Bridge Fund. DISCUSSION The recommended transfer below is a result of the detailed review of all expenditures in prior years associated with Project #00-05: From: Road & Bridge FlUld $ 34,365.69 To: Unfinanced Projects $ 34,365,69 BUDGET IMP ACT The transfer will provide for the proper funding source to be used for this project. ACTION REOUIRED The Andover City Council is requested to approve the aforementioned transfer, Respectfully submitted, ~ ?3~ Lee Brezinka I (f) , CITY OF ANDOVER " 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WW\VCI.ANDOVER.MN,US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Appointment Recommendations - Public Works DATE: September 3, 2002 INTRODUCTION The Public Works Division has completed the recruitment, interview and selection process to fill two existing vacancies in the Utility Department, DISCUSSION Interviews were conducted by a committee consisting of the Public Works Superintendent, Utility Supervisor, Utility Department staff and Human Resources Manager to fill two existing vacancies for Utility Maintenance Worker, After a thorough review, two candidates are being recommended for appointment subject to Council ratification, The first candidate is Mr, Matthew Anderson. Mr. Anderson is a high school graduate, with a Water Environment Technologies degree from St, Cloud Technical College, Matthew holds a Class D water license, a Class D wastewater license and a Class B Commercial Driver's License and is experienced with snowplowing and heavy equipment operation. He is currently employed with the Shakopee Sioux Community, The second candidate is Mr. Steve Weinhold, Mr. Weinhold is a high school graduate, with a Welding certificate from the Dunwoody Institute, Steve has worked for the Minnesota State Fair in grounds maintenance, and is currently in the private construction and excavation field. Mr. Weinhold has extensive experience with heavy equipment operation and is knowledgeable in both public sewer and private septic systems, Consequently, both candidates fully meet the qualification, experience and education requirements for the position of Utility Maintenance Worker. BUDGET IMPACT Position funding is authorized in the 2002 Budget. / RECOMMENDATION Approve the appointments of Mr, Steve Weinhold as a Utility Maintenance Worker effective September 4, 2002, and Mr, Matthew Anderson as a Utility Maintenance Worker effective September 16, 2002, hn F. Erar ity Administrator / .- , @ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW,C1.ANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City AdministratorjfU FROM: Vicki V olk, City Clerk SUBJECT: Approve Temporary Non-Intoxicating Liquor License/Lions Club DATE: September 3, 2002 INTRODUCTION The Andover Lions Club has applied for a temporary non-intoxicating liquor license. DISCUSSION The liquor license will be used on September 14, 2002 during the North Suburban Mutual Aid Softball Tournament at Sunshine Park. ACTION REQUIRED The City Council is requested to approve a temporary non-intoxicating liquor license for September 14,2002 for the Andover Lions Club. Respectfully submitted, U' t!~ Vicki Volk City Clerk ' . Cllr 01' ANDuvbi<, Nl1NNESOTA - TEMPORARY - COMBINATION APPLICATION FOR RETAILERS (ON-SALE) (OFF-SALE) NON-INTOXICATING MALT LIQUOR LICENSE. To the City of Andover, County of Anoka. I, 12,. k 1J10 kp//'Je.y ,oftheCityof4p/'''1I{~f' ,County of /9.uCk7 hereby make application for the following Iicense(s): (Off-Sale) (On-Sale) (Tavern) (Bottle Club) ,{public Drinking Place) (Combination), established pursuant to an Ordinance passed by the Andover City Council. Date license will be used ~/ 0.:? , Location 0.......p.s,h/A/P_ f1~ I: For the past five years my residence has been as follows: " .::- "I 3 /.;;;g -II; ~I/e/JW I was born /1 ~) ':1;':/ at .5'1"'2;;(.'1.> fl , /J:1/./ month day year Ity, Village, or Town I am the C!. h ~/;.? of /JA/ de? v ('./2 ~ ) PH '"' Title, Officer Name of Organization located at the following address /6?5 f!.rP 0 <; ~ t::..,~"" 8/ C/cJ The organization was incorporated /0/.< 5/7i/ , The name and address of . date of incorporation the officers are as follows: I agree, as part of this application, to furnish a list of all other persons, firms, or corporations having an interest in the licensed organization, I will notify the City of Andover of any change in legal ownership or beneficial interest in such organization, I am_ am not V engaged in the retail sale of intoxicating liquor, I have_ have not-<.L.- had an application for licenses rejected previously, I have_ have not-",::: been convicted of a felony or of violating any national or state liquor law or local ordinance relating to the manufacture, sale or transportation of intoxicating liquor. Gambling or gambling devices will not be permitted on the licensed premises, I have no intention or agreement to transfer this license to another person, I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to the forfeiture of my license if found to have violated the provisions of the ordinance providing for the granting of this Iicense~__ I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge, , f. l??~ /d 19nature of Applicant License Fee: N/ A ~- .b , w " .,." N ~ 0\ ......... ..,... 0 0 CJ i 5"" ~vo ::r z..... NO,... ~ E ~ ceo!! 0 Z~N a N ,- ...." I ~ c b8 ltl.8 2 t\/lION L > N t: ~~ " II( .-4 ""::J 0... 0 .^ v C Z ~ - 0 ~:!; Cl:2 III ,,~._ ~ ..ca ~ <~~i~ N~"L~~ ~ .-- .JIl: 0. ""-J W m v - L = t3Jl5:lZ ::Jt~.3 ~ ::s a g. ~8 IL ~ < a < ~ ~ s ..g..o & -e Gci t 8: >- L) (f) ),... :; \0 ~ .~i! Lti i .0 ~~~ ~ s:. Q t~ ~-a ~ 105N I """" \Sl ::0 ICl t...... I i! ~ \1\ ~ 0 ,,~ o - ~ ~ ~ tV ~ ~ I " '4) "\ \I) ~ -=s .t ~ '-' ~ (]) CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD N,W, . ANDOYER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW,c],ANDOYER,MN,US TO: Mayor and Councilmembers CC: John Erar, City AdministratOJirYG FROM: Vicki V olk, City Clerk SUBJECT: Approve Tobacco License/Andover Tobacco, Inc. DATE: September 3, 2002 INTRODUCTION James Page, dba LC Tobacco, Inc. has applied for a license to sell tobacco. DISCUSSION Mr. Page is opening a tobacco store in Andover Station and has applied for the necessary license. The fee has been paid and the appropriate form completed. ACTION REOUIRED The City Council is requested to approve a tobacco license for Andover Tobacco, Inc. at 2250 Bunker Lake Boulevard NW, Suite 207. The license period will be from October 1, 2002 through December 31,2002. Respectfully submitted, uLiJd.t Vicki V olk City Clerk / - > City of Andover License To Sell Tobacco at Retail Application Form Pursuant to City Ordinance No, 227, all persons requesting to sell tobacco at retail are required to provide the following information. ,..-.--, ~j'~ Full Name '.,.j~ 11>1 t'" ~ " t.~ Address f~{'7 ~' '(:..- eo i{Tr (ou;, \~ tiA ,)j I I Location of Building 4V\dulIe:r ~f~+:~~. .., Name of Business T 0 /0", c l. ~ ) ( ">1 <- Type of Business Conducted at Location (' e..+ t\: {-- fcJbM<C I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of Ordinance 227 providing for the granting of this license, I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. ~.21V~ Date ------------------------------------------------------------ ------------------------------------------------------------ Fee: $75.00 Receipt #: '1 / Olp~ City Council Action: Approved . Denied License # ----------------------------------------------------------- ----------------------------------------------------------- @) I CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,C1,ANDOVER,MN,US TO: Mayor and Council Members CC: John Erar, City Administratorq'{/ FROM: Scott Erickson, City Engineer SUBJECT: Adopt Assessment RolIlWaive Public Hearing 00-39/Chesterton Commons North 2nd Addition - Engineering DATE: September 3, 2002 INTRODUCTION The City Council is requested to waive the public hearing and adopt the assessment roll for Chesterton Commons North 2nd Addition, Project 00-39. DISCUSSION The City Council at the August 20, 2002 meeting approved a resolution declaring the amended cost and ordering the assessment roll for the Chesterton Commons North 2nd Addition development improvements. The adoption of the assessment roll for this project will levy the / improvement costs to the properties within the development. ACTION REOUlRED The City Council is requested to approve the resolution adopting the assessment roll for Project 00-39, Chesterton Commons North 2nd Addition,. Respectfully submitted, {Ji/ Lt~ Scott Erickson j cc: Jerry Windschitl, Ashford Development Corp., 3640 - 152nd Lane NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 00-39. CHESTERTON COMMONS NORTH 2NU ADDITION, WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years. The first of the installments to ~. / be payable on or before the 15th day of April 2003, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution, 3, The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. . MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 3rd day of September, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVE~ ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk @ J CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,Cl,ANDOVER,MN,US TO: Mayor and Council Members CC: John Erar, City Administratorffv FROM: Scott Erickson, City Engineer SUBJECT: Adopt Assessment RollIWaive Public Hearing 00-41/Red Pine Fields - Engineering DATE: September 3, 2002 INTRODUCTION The City Council is requested to waive the public hearing and adopt the assessment roll for Red Pine Fields, Project 00-41. DISCUSSION The City Council at the August 20, 2002 meeting approved a resolution declaring the cost and ordering the assessment roll for the Red Pine Fields development improvements. The adoption of the assessment roll for this project will levy the improvement costs to the properties within the , development. ACTION REOUIRED The City Council is requested to approve the resolution adopting the assessment roll for Project 00-41, Red Pine Fields, Respectfully submitted, UJiil LL Scott Erickson cc: Horst Graser, Gold Nugget Development, 8857 Zealand Ave. N., Brooklyn Park, MN J 55445 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 00-41. RED PINE FIELDS, WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of.1.Q years. The first of the installments to be payable on or before the 15th day of April 2003, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution, , 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 3rd day of September, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk 0) CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.cJ,ANDOVER,MN,US TO: Mayor and Council Members CC: John Erar, City Administratorf FROM: Scott Erickson, City Engineer SUBJECT: Adopt Assessment RolllWaive Public Hearing 00-40lWoodland Oaks - Engineering DATE: September 3, 2002 INTRODUCTION The City Council is requested to waive the public hearing and adopt the assessment roll for Woodland Oaks, Project 00-40. DISCUSSION The developer, Woodland Development Corporation has submitted the attached letter concurring with the construction costs but disagreeing with the administration & City fees. The City Council at the August 20, 2002 meeting approved a resolution declaring the cost and ordering the assessment roll for the Woodland Oaks development improvements. The adoption of the assessment roll for this project will levy the improvement costs to the properties within the development. ACTION REOUIRED The City Council is requested to approve the resolution adopting the assessment roll for Project 00-40, Woodland Oaks. Respectfully submitted, cAIlt4c- Scott Erickson cc: Bill Hawkins, City Attorney Kevin Ross, Greene Espel, 333 South ih St., Suite 1700, Mpls, MN 55402 Byron Westlund, Woodland Development Corp., 13632 VanBuren Street NE, Ham Lake MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 00-40. WOODLAND OAKS. WHEREAS, the developer has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 2003, and shall bear interest at the rate of ) 6 percent per annum from the date of the adoption of the assessment resolution, 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 3rd day of September, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk AU~-19-~2 11,25 FROM,WOOoLANo DEVELOPMENT 10,7634270182 PAGE 2/2 Qt5 (\~ QWJvuV , 6- 8D.O~ August 19,2002 Mr.Scott Erickson City Engineer CITY OF ANDOVER 16&5 Crosstown Blvd. N\V A.ndover, MN 55304 - RE: WOODLAND OAKS ASSESSMENTS Dear Scott, -- / I have reviewed the final ~ for Woodland Oaks and find that I would agree with the construction costs in their t::utUety. As you are well aware, we are in the process of a legal matter with the city of Andover regarding costs for these projects. As part of the special assessments for Woodland Oaks, there are city costs associated '\\-;th these assessments, and I object to those costs as I have done in the past. I understand this is on the city cotmcil agenda for Tuesday evening, August 20, and I would ask that you forward this lener to the city council regarding this matter. ~ B) D. Westlund Executive Vice President bma 13632 Van Buren St, ~E Ham Lake. Minnesota 55304 (763) 427-7500 FAX: (763) ~27-0192 RUG 19 2002 11:27 ___.. _.._....~1^_,.,~.........^'1,...___..,.."""_ ,..,.......- "C<...1~~~10'j O^t""::~ r.l~ @ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator-tv FROM: Will Neumeister, Community Development Director tvb.. SUBJECT: Approve Adjustment to Architectural Plans for Clarence Zuleger/Andover Awards & Embroidery/3138 _162nd Lane NW - Planning DATE: September 3, 2002 INTRODUCTION The Council will recall on August 5, 2002 making a Board of Adjustments and Appeals decision regarding. Andover A wards and Embroidery being allowed to build a wooden structure in the industrial area. This was done to enable Mr. Clarence Zuleger to open a new business in the community and provide site improvements to a vacant and dilapidated industrial property located at 3138 162nd Lane NW. The improvements Mr. Zuleger was planning to make included a hard / surface parking area with concrete curb and gutter, sidewalks, lighting, landscaping and turf restoration, as well as construction of a new building and renovations to the existing structures. The City Council allowed Mr. Zuleger to remodel an existing 20' x 40' wood frame structure as a retail storefront and add a new 30' x 60' new structure to the south end ofthe existing structure. The decision included a Council directive to require the use of brick on three sides of the building to have brick fa9ade extended up to the mansard roof. The night of the meeting, Mr. Zuleger was present and agreed with what was being proposed. Mr. Zuleger would now like to request the Council change the requirement regarding brick. He would prefer to have stone wainscoating and feels the architectural appeal would be better than having brick up to the eve's. DISCUSSION Clarence Zuleger, has provided a brief letter and revised architectural drawings showing what he would like the Council to approve rather than having the brick extend up to the eve line of the mansard roof. Staff has reviewed the proposal from Mr. Zuleger and does not have a problem with the stone wainscoting around the existing structure and stucco (e.i.f.s.) on the balance of the walls that were originally to have the brick Staff did not feel comfortable making this change without Council approval since there was a directive that was very specific. I ACTION REQUIRED J Staff recommends Council approve the requested change in the allowable facade materials and design to allow the use of stone wainscoating and stucco (e.i.f.s.) as outlined in Mr. Zulegers letter and as shown on the drawings. Attachments Location map Applicant's Letter Site Plan Architectural Plan (elevation drawing) Minutes of Council Meeting (August 5, 2002) Respectfully submitted, /cd( /l6~!~ Will Neumeister Cc: Clarence and Barb Zuleger, 3495 168th Lane NW I I Clarence Zuleger K~'~~ . L _ ~ IlOl loiii >>'0 _ ~ UID _ 11. ...0 a:lOCI ao:It ~ - :lD:I :rJW 1 - 2$" IL _ ~ ~ / r---' _ '1.'1% "lIl ~ M57 :t<<Ii :DIT _ J2:If _ ,111J _ Jld _ JII57 .,. Ill7I' 2nl 1 JIlt -;;'Y - 1frnl I ;....J ,m,., r---::.- ~ ~ 117M lfl'%ll _ :1:1" ,,",:mol: .,... 'UG :DIll lO:lI .,.. aN :IP) :1m tJI'a - WI'Zl' - ~- - -I." ""=~ '!l - -- - ,- 'F!IIUI' ____ is:tll'II ,_ i~ '/ _ 0 .,:1:1 .. -, '-.. ~~-.: ." I - -;r:- ~,_ ,- -=J ,- - ~ ~ \ _ ~ _ _ "" ~ -- _ , _ - - .. \ -/- \ -ffl ,eo - ------- i- '""I - -I - 1 - ,- t*" -1- ,: 'N- -1- I -I ,..J) - 1. .... 'Wi 1 _1J121i lIOI.'I~,I-, 1m! - '" ,_ _ 11 *71 _ t-- ~ 'W,Ill 11-1, 1. = W!ill-J I I -- <, 1// ~,,- ~"...-:-:- ~ I~ ,-' ,- [7/ ~ r-;;;;;-l'Ulo :t1C1fi IOt1IXO'IJOrl *' aD ",.. 1 il",u-llI,;; '~_ ,_:~, 'm.~ 'j :gll I::laI UlO L.: .J,~:ll* ..,""'-..,... ~j ~ 1 .. ." m' :; ~~~"n":H-I-: ,q, ~ ~". " 1Q12 ~\ :DIIl'IIm_ ~ ~e V,;::\ ~ r---- ~ "" - ~ ~ 11\82 \1117 l3~ lil;M i~ 'It1:11! IIIIJoI _ In" .,. ~ )416 II----::-li 11121 ~ tu, ;m1 21111 :1m - l'UI 211t ~ l "- ~ 'It1,. '''Ill - ,et>> 'It" "'10 11\:1' I 2711 >>41 ~V'\ = 6 ~ ~ - - ~ _t 11041) llD70 ""', teOlI:l 1101, /-. UtI II02lI J'l:l$ ~ 102f XXI v. 1~\27'O I1W \ - ~ ,~ _ _ ....""."~ 1--- "I' 1<<l12 ~ _ ..-..o~' 11l1lO r \-- _ IlOl' \ ~ ,-, 15"" I! ;; - '_~,_ ,_ ,_ ~ lMI ,_ ~ .- -~ ,-, ~... ,- \ ,&/;DO )0<<1 l!lll4t 3313\ '-0 'l1li1' 'MOl',1IlIQI ~I' _ 1U21 ~ "' _, ,_ ". ~ I~UJ~ 2 1111114 ~ - - - ~ 1Nlll n: - f-.m- - 1-=1- ~ ....- r I - - IDMO '1M' - I:II(R r:;;:; , ~ h ,- ,- -=l I-- ,_ _ ,... ,.... L- a .... ,~ I ~. - ~ I-~ ~-'- - I~ f-- a ~_ z r--- ,- ,-, I I. . / I~ N Project Location Map W~E ," City of Andover --3 - Planning Department August 27,2002 '\ ) Andover City Council Regarding the exterior of the proposed light industrial/retail building at 3138 162nd lane. Our proposal is to use brick or stone for the bottom half of the front and west sides of the existing and new building with stucco (or EIFS) on the upper half of the building. This meets the requirement "Walls ... must be finished with face brick, stone, glass wood or their aesthetic equivalent." from Section 2 of Ordinance No 249, Building Construction Standards. It has been suggested that we use the brick or field stone on the entire wall. This is not the look we want on our building. We feel it will look dated much quicker. The half and half exterior we are planning is consistent with other new buildings in Andover. This process has taken much longer than necessary and has increased in expense '\ since our initial meetings with city officials. At this point we are in a position to 0 continue with our plans as proposed, or to down size this project to simply renovating the current building. Either way we need to get moving to have any hope of getting this closed up before winter. As Andover residents we appreciate the councils desire for improving Andover's business areas. We also believe Andover needs to improve the atmosphere to enable businesses to start and grow in Andover. We respectfully request that this matter be moved along as quickly as possible. m submitted, ~/ Clarence & Bar Zuleger Andover Awards & Embroidery 3495 168th Lane NW Andover, MN 55304 763-753-0263 " \ 0 -'1- N89026'SS"E 150.d - - - 19 -- - - 16 'SS "W 250.00 , - ,~=Ttd[:.,h:l. t~tf\le_~~fJ V/, ~ - ::J I Cc<><rfl. "n I I 1 I I ---~~- - - - - - - - - - - - I ,-- N8f1'26'5!J"€ 150,00 I I rtt4.~,. I 1 arl' I. I I I I 0,11' s..../h 01 I I I "'-'y ""--'" - ..: ... ' . I . - __flev:J.t!.old___ 400 -----___________ _____________________-!-_____________ ,-------------------- - fr/J-J>J + 13Xl'SI- "~15 .6L11 '/ d, "t] ------------------:-f'C)--150 --------- - . '-/0 US e[.J..- He.{o"O,,' I S~c..~. '1. 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I 04.. t .. . ~.... ! , '\ \'. ... ] , . --(;- .... .. \ ~ ! i ~ ~ . ~ ~ . ~. ~ .~~ i Hi n -J--n II II II II II II " II II II II II II II II II " II I' " " II II II II II II " I " 'I II " II ~! II II -, II 'I N " " II II II II II II ,t II ~t~ II ~~ II II ~~ II f~ II II II II II II II II II II II II t I I II ! I I II ~ 'I . I I . I I ~.. I I ~ . I I .~; I I ~'I IIII ~ i i" I; 1 " II II II --u ! f ! ~ I ~! z I ~ I z 0 ~ ~ .' ~ ~; . ~ l . I ( ~ ~ . . L , -c.- August 5, 2002 Council Minutes Page 1 of2 CONSIDER ZONING APPEAL/ANDOVER AWARDS AND EMBROIDERY/3138 _162ND LANE NW Mr. Neumeister stated Andover Awards and Embroidery has submitted a commercial site plan application to open a new business in the community and provide site improvements to a vacant and dilapidated industrial property located at 3138 162nd Lane NW. The improvements include a hard surface parking area with concrete curb and gutter, sidewalks, lighting, landscaping and turf restoration, as well as construction of a new building and renovations to the existing structures. The Andover Review Committee has denied this request and is in favor of masonry construction for the new structure. Mr. Neumeister stated the Andover Review Committee has denied this request and is in favor of masonry construction for the new structure. Councilmember Orttel stated the owner was implying that they were not told until later in the process that a masonry building was required. Mr. Neumeister stated the letter spoke for itself and if they say they understood the City allowed wood construction, then that is probably how they interpreted it. The Ordinance is written to allow masonry unless otherwise approved and in discussions at the administrative level, staff has found two examples of wood frame structures in commercial districts and that was where adjoining areas were primarily residential. Councilmember Orttel asked if staff allowed businesses to expand with the same type of material similar to what they already have. Mr. Neumeister stated this could be another reason but was not brought up as an example. Councilmember Orttel asked if the sentence in the report is correct stating "This Ordinance does allow , the Andover Review Committee to accept wood frame construction provided walls of such buildings, facing on streets are finished with face brick, stone, glass, wood or their aesthetic equivalent". Mr. Neumeister stated this was correct and it is a discretionary item depending on the surrounding area and the nature of the surrounding area. Mr. Erar stated the reason the item is before them is because there was an appeal to the City Council. He stated the item was discussed at the Andover Review Committee (ARC) and in order to advance the quality and characteristics that the Ordinance envisioned and by allowing wood frame construction does not further advance the vision the Ordinance calls for. He stated masonry would be more beneficial to the area and by approving this the Council would be setting a precedent in the area which would allow other businesses to request the same thing. Mr. Neumeister stated that a business in the area had already requested building a wood frame building and was told they needed to build a masonry building. Councilmember Orttel stated that the Ordinance implied that if they are not using masonry, to use brick or something to look like masonry. Councilmember Jacobson stated the new structure that is being proposed would fall under the masonry provision but the existing structure could be made to look like masonry . Mr. Zuleger showed the Council pictures of the site and explained what he would like to do with the existing building on the property. He stated that if they have to change plans now there would be a lot of money at issue. He stated early on everything was approved and then all of a sudden he was told there was an Ordinance regarding this, , Councilmember Orttel stated he thought it went to the Planning Department for the issue of use rather http://www.ci.andover.mn.us/Minutes/2002/Council/ August%205.htm 8/28/2002 -'1- August 5, 2002 Council Minutes Page 2 of2 than for the technical part of how the building was going to be constructed. Mr. Zuleger stated he sat in multiple meetings with all the parties involved and everyone understood the plans and that he was adding onto the existing building and trying to make the aesthetics look all the same. Councilmember Orttel asked if he planned to keep the same type of roof. Mr. Zuleger stated they roof would be different. Councilmember Jacobson asked if there were other issues with fire code and upgrades. Mr. Erar stated the plans would need to meet all the existing fire codes no matter what material is used. Mayor Gamache stated it would make sense to have this go back to the Review Committee. Councilmember Orttel stated this would hold it up further. Mr. Zuleger stated this is his business and he would like to keep moving forward on this. MOTION by Jacobson to approve Item No. 15 (Consider Zoning Appeal/Andover Awards & Embroidery/3138 - 162nd Lane NW) Require the new structure to be masonry construction and allow the exterior of the existing structure to remain as it presently exists. Motion dies for lack of a second. Mayor Gamache stated he was originally going to agree with the Review Committee but he missed some information that made him change his mind regarding this. MOTION by Orttel, Seconded by Gamache, to approve Item No. 15 (Consider Zoning Appeal/Andover A wards & Embroidery/3138 - 162nd Lane NW) and allow the addition to the building to be a frame construction but to require that the existing building have face brick extending up to the level ofthe eave of the building on the north and the west sides and the north side of the new structure and the material on the new building would match the existing building. Motion carried on a 2 Ayes, 1 Nay (Jacobson) vote, . http://www.ci.andover.mn.us/Minutes/2002/Council/ August%205.htm 8/28/2002 -~- @ ~ITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. 0 ANDOVER, MINNESOTA 55304 0 (763) 755-5100 FAX (763) 755-89230 WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator~t, Will Neumeister, Community evelopment DirectorWL FROM: Courtney Bednarz, City Plann~ SUBJECT: Consider Lot Split/Beberg Landscaping/13530 Hanson Boulevard - Planning DATE: September 3, 2002 INTRODUCTION Beberg Landscaping, on behalf of Roger Streich of Roger's Auto Body, is requesting to split the existing industrial lot into two industrial lots. The property owner has given consent for Beberg Landscaping to pursue this application. No variances are requested. , DISCUSSION Beberg Landscaping has reached agreement with Roger's Auto Body to purchase of a portion of the existing property. As outlined in the applicant's letter, it is their intention to make substantial improvements to the property once they obtain ownership. Comparison to Applicable Ordinances The proposed lots conform with the lot width, depth and area requirements of Ordinance 8, Section 6.02 as indicated in the table. Dimension Required Parcel A Parcel B Lot Width 100 feet 190 feet 138.55 feet Lot Depth 150 feet 343.18 feet 569.47 feet Lot Area 24,000 square feet 65,204.2 square feet 135,723.02 square feet Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed lot split. The Commission also recommended that the trail fee be deferred until the time the trail is constructed, If the Council agrees, condition 4. of the resolution will need to be modified. J Anoka County Highway Department review / The Anoka County Highway Department has indicated that sufficient right-of-way exists for the future expansion of Hanson Boulevard (I50 feet), They also indicated that in the event additional right-of-way became necessary in the future, it would likely be taken from the east side of the roadway to aid in the alignment of the intersection with Bunker Lake Boulevard. Park Dedication Park dedication will be required as described in Ordinance 10, Section 9.07.6. The Park and Recreation Commission recommended that $12,338,37 in park dedication be required for the new property. Trail Fee The City Council adopted Resolution 270-99 making developers responsible for 100% of the cost of trails adjacent to their property as proposed in the Comprehensive Plan. The Comprehensive Plan indicates a trail along the west side of Hanson Boulevard throughout the City. Due to the fact that Anoka County will be widening Hanson Boulevard to four lanes at this location within a couple of years, the applicant will be required to make a escrow payment of $20 per lineal foot to cover the cost of future construction, The property has 328.59 feet of frontage on Hanson Boulevard. The Trail escrow will be $6571. In the event that the project is / constructed for less than the full escrow amount, the remainder will be refunded to the applicant. Sewer and Water The applicant will be required to connect to municipal sewer and water service as a part of the proposed expansion. A private well will continue to provide water for plant material. Easements Standard ten foot wide drainage and utility easements will be required to be established around the perimeter of both properties. This will provide sufficient easement area to allow Roger's Auto Body to be served with sewer and water service in the future. Access It is the applicant's intention to establish an access to the property from Grouse Street NW. The applicant will continue to utilize the existing shared access to Hanson Boulevard with Roger's Auto Body. No additional access from Hanson Boulevard will be needed. Existing Structures A temporary garden structure is located where a new property line is proposed to be established. This structure is typically removed by late August each year and will be removed by the time the lot split is recorded with Anoka County. The structure will be relocated to the new property in , I the future. -z... Staff Recommendation Staff recommends approval of the lot split with the .conditions outlined in the attached resolution. ACTION REQUIRED The City Council is asked to approve the proposed lot split with the conditions listed in the attached resolution. Attachments Resolution Location Map Applicant's Letter Property Survey Planning Commission Minutes Respectfully submitted, c~: n= Cc: Beberg Landscaping c/o Chris Beberg, 13530 Hanson Boulevard NW -3- CITY OF ANDOVER COUNTY OF ANOKA / STATE OF MINNESOTA RES. NO, A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR ROGER STREICH TO SUBDIVIDE AN INDUSTRIAL PROPERTY INTO TWO INDUSTRIAL PROPERTIES FOR PROPERTY LOCATED AT 13530 HANSON BOULEVARD NW LEGALLY DESCRIBED AS FOLLOWS: THE EAST HALF OF LOT 13 WATTS GARDEN ACRES, ANOKA COUNTY, MINNESOTA EXCEPT THAT PART TAKEN FORCSAH 78 AND THAT PART TAKEN FOR COMMERCIAL BOULEVARD IN CITY OF ANDOVER RIGHT-OF- WAY PLAT NO, 1, ANOKA COUNTY, MINNESOTA AND SUBJECT TO EASEMENTS OF RECORD. WHEREAS, Roger Streich has requested approval of a lot split to subdivide an industrial property pursuant to Ordinance No, 40, located at 13530 Hanson Boulevard NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 and 40; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, 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 lot split on said property with the following conditions: 1. The applicant shall provide a separate easement document to establish ten foot wide drainage and utility easements around the perimeter of both properties. 2. The temporary garden structure shall be removed prior to the lot split being recorded with Anoka County. 3. The applicant shall pay park dedication in the amount of$12,338.37. 4. The applicant shall pay a trail escrow in the amount of $6,571. In the event that the project is constructed for less than the full escrow amount, the remainder will be refunded to the applicant. -'1 . 5. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this _ day of ,2002. CITY OF ANDOVER ATTEST: Mike Gamache, Mayor Victoria V olk, City Clerk - S' ~ Z. Lot Split to Create two Industrial Lots from 13530 Hanson Boulevard NW / Ijj: 11 al ~~" !fu;:~' ""'<::>-._ J ~I I ~14(l34 ~~^ 14\ CIl ~ <II... ..........:...~:-~.-. ~.- '\ Z \2'''!.!f\ . ~ M · · ID~7= ~~ ~ "\Oll"0~:g1;0)~,::~-~~~m,,,., ~_-~~~ <( ~i~" __,-",,'26 O. 140'~ ~ .. ~ :r: ~ 14 ~21 ~ ~ ~ E 12L- 124 ! M! _, ". ~ ~~' tftH!,V 260 "" j i2066~,_"~ ~V"2 '''~~;: ,!! " rz; _ '" ..i'rt 5 / ~ - OJ P. 1402 --'i; O\)~! ~ O~ """ ~'" (3~~~.:2:;:,E~ y- ....J : ^ \!: ~ 62j /)., 1-(86 '" 3 ::!:l " TT1 ~ ...... - /~"" 13946OJ~ ~",,~R:t~ I ~ ~'fi '''33 '~t "'~ "!!fa'" €J~ # ~ ~' '-.(~ ~ ~ 13>>l 1 ,.. 3891138}\ r- ~ ::; (f) _'3919 .., _ ON ~ Li r-< ---1- ~ - .'''~~''lH1 "907 ~ l.li~ ~ 8TH ,~ ,- tu 'M ~ iI ,_ '''93 ~ _ ~ -i 'mt '''"''': ~.2~ '3m.., ~ '" ;0 ~ ... 1 ~,,~~ ~ .~~~ ~Jih!~ ifrj~ ~ 0 N ~~ ,Ie ,1_ ~ ~ ,~ " :~ 138THlN _" ,- 'lilli- ,- ~~,-,J.Yll!II'I'''''lg '" ~ -~~"O":'''~:~'"' lEl!'['!I!'fiH"VD, ~ ~ ~ ... :; ~ ~'~ ::; ~ :: .... 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"., J-;;;;; ct ~L....t3~~ ~ ~ "'f''''~ "Jo,I.r.r: ::1 ~ 13342 m.., ~... .;:;::;;-..;,:; ~ 133 1Jlf1301 .:\3.. E a \;.. 13330 ~ 1m1 r~ -'13329 1.," ''''lO '" "'~''''''I ......":,,. ~J -....;;:: ~-..13309 ',,,!...JO '-J Project Location Map N wA, -11- Y Andover Planning ill WJ g~ ') ~ ~ J J '- www,beberglandscape,com 13540 Hanson Blvd. Andover, MN 55304 763-754-9491 July 25, 2002 City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Dear Staff and Council: Thank you for considering our Lot Split Request. Our request is to split the current approximate 5 acre parcel currently owned by Roger Streich of Roger's Auto Body as detailed in our Lot Split Request Form and accompanying survey. The split will allow Beberg Landscape Nursery Co. to purchase a significant portion of the parcel currently leased to us, A purchase agreement is agreed upon and we are prepared for immediate purchase ofthe created parcel upon the granting of the Lot Split. , / Beberg Landscape Nursery Co, is currently preparing our site plan to support a Commercial Site Plan Application to be filed with the City of Andover in the next 1 to 2 months, We have contracted with the survey firm ofN,C, Hoium and Associates, the architectural firm of Lampert Architects, and the engineering firm of PI owe Enginerring in an effort to design a facility that is an attractive asset to the City of Andover. We have created a preliminary site plan that centers on a newly constructed retail facility located on the comer of Station Blvd and Grouse Street. Creative efforts are being made to design an appealing building surrounded by attractive fencing, elaborate water features and fountains, and landscape displays to both promote our business and provide an enjoyable setting for the residential district to the South, Location oftree storage areas has been utilized to buffer views from both Hanson Blvd to the East and Grouse Street to the West. Investment in upgrading the facility is estimated at over $1,000,000,00, We are hopeful to begin the construction process early next summer. We have significant preparation work to do this fall in order to reduce the disruption to our business next season. The Lot Split requested here is the first step in bringing these improvements to reality, Your prompt consideration of our Lot Split Request is greatly appreciated and we look forward to working with Staff and Council in the process of creating an attractive retail business in the City of Andover. ~ ()~ / Chris Beb~nt . 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I....'J' , '"'I, -.. , , ~ ,/ t '-t\ i ;C') ~ I<l ,. " ,'St ,.. '( ~ ": 't.I. rf. 0\ ~ I", ... ~ .. ~, ~ !t) 'H' <( " 'I I 10 /~ .,d ~ i~ . ~ ;~ ~ o ~ ," I '" ~ :11.' '\ 1 ~ T:'" '-I " " I ~' ;<( \. \ l I _ , '...' \ \ .' I ;..&.' \ \ ,\ , I \ t 11-1 : \' l~: ,.,!.'" '<( I ~ ~ W. ~I , . " ., I I 1 I , " ,lLi I I ~. '0" ~~ I, I I !~' J " , ' I I 1 ,...." / . I .$". I ,I 'Ii, __..'_.-~ :; I:; ~ ."'-,.:';" r-.--.-- I': . J If' tHh I /, ~ I ~ 1 ",/ 7'?'')''1W,!;;-1 .; I 0', . 11"1 ,"'i '-"l I, ,. .f' ~~. ~.. - i......./ II "$ ~ , , 'I I~. " " / . ~ . : I \ "g. YO.O.N.,7Cr;?'.?(i.?-... " _., '~~"', :.~.'. .'.-.,.-. -- ,..~~ -- ~"" .,,~.... @.?E!lfSl$<; -8- Regular Andover Planning and Zoning Commission Meeting Minutes - August 13, 2002 Page 4 PUBLIC HEARING: LOT SPLIT (02-08) TO CREATE TWO INDUSTRIAL LOTS FROM PROPERTY LOCATED AT 13530 HANSON BOULEVARD NW FOR BEBERG LANDSCAPE AND NURSERY. Mr. Bednarz summarized the staff report. Commissioner Greenwald asked if the trail fee could be explained. Mr, Bednarz explained in depth Resolution 270-99 for the trail fee. Commissioner Greenwald asked what the solution to this is but he stated he did not understand why they needed to pay the trail fee up front even ifthere are not any trails currently around there or planned on being built for a couple years when Hanson Boulevard would be expanded. Mr. Bednarz stated the trail would be installed in conjunction with the expansion of Hanson Boulevard. Commissioner Kirchoff asked if everyone else along the Boulevard would be assessed when the trail is built. Mr. Bednarz stated that trail fees are collected only at the time that property is subdivided. Commissioner Greenwald asked why they do not assess the fee when the trail is built instead of holding it for the trail to be built. Mr. Bednarz stated this would be another option although this would be a policy shift from the way the Council has set up the system to collect money to construct these improvements. Commissioner Gamache asked who pays for the rest of the trail. Mr. Bednarz stated it comes out of the park dedication fund. Chairperson Squires stated this is a policy that has been consistently enforced, He stated as properties are developed the property owner is responsible for the segment of the trail on their property that would be linked to other trails. Commissioner Greenwald stated he understood this but he did not think it is right to hold the escrow for a couple of years until the trail is built. Commissioner Greenwald asked if everyone would get assessed. Mr. Bednarz stated the City collects funds for both park dedication and trail fees, as properties are sub-divided. Commissioner Greenwald asked if the other businesses are currently being assessed for the trail. Mr. Bednarz stated they were not. Commissioner Greenwald stated the only way Beberg Landscape and Nursery is being assessed is because they are dividing the property. Mr, Bednarz stated this is correct and State Statute sets up the system under which local municipalities are empowered to collect money for park dedication or land when properties are subdivided. Commissioner Greenwald stated he understood the system but this is a unique development. Commissioner Greenwald asked if this item could be approved with out the trail fee escrow. Mr. Bednarz stated the Commission could recommend that the Council waive the trail fee. Commissioner Greenwald asked if the City Attorney needed to look at this to make sure the Commission is not doing anything wrong. Mr. Bednarz stated the City -1- Regular Andover Planning and Zoning Commission Meeting Minutes - August 13, 2002 Page 5 Attorney would probably be asked to issue an opinion as to whether or not the City can or should require the trail fee to be paid in this case. Commissioner Falk asked how the trail fee is determined. Mr. Bednarz stated there is an estimated construction cost of $20,00 per lineal foot. Commissioner Daninger asked if Roger's Auto Body's temporary structure would stay there. Mr, Bednarz stated it would be a good idea to let the applicant address the Commission to answer this. Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:40 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Chris Beberg of Beberg Landscape and Nursery stated the temporary structure is on the property line and will be removed before the lot split. The two existing buildings along the Hanson Boulevard side will stay as is and there are no immediate plans to change these. The property changes will occur in the back. Chairperson Squires asked if they are purchasing track A or B. Mr. Beberg stated they would be purchasing track B. Chairperson Squires asked if the applicant is responsible for payment of the trail fee. Mr. Bednarz stated that it does not matter who pays the trail fee as long as it is paid. Mr. Beberg stated it was an agreement between Beberg Landscaping and Nursery and Roger's Auto Body that Beberg Landscaping and Nursery would pay the additional fees. Mr. Beberg stated the trail and park fee seemed fairly reasonable until they looked at the ten percent park dedication fee for the property. He stated this was a significant amount of money for a small company. He stated he did discuss with Mr. Streich regarding purchasing the entire property but that would not be something they could achieve for another five to ten years, He stated his concern on the fairness side is they feel they are getting double dipped to achieve the same improvements in the Cities park needs and they want to support this but in a reasonable level they can afford. He stated they are not sure why the trail fee needs to be paid up front when the trail will not be built for a couple of years. Chairperson Squires stated to some extent, the City could make it one fee and make it larger, but the Council elected as a matter of policy to have a separate trail fee and does not consider it double dipping. Mr. Bednarz stated by State Statute the ten percent park dedication fee for industrial property is the maximum that municipalities are allowed to absorb in the subdivision process. Chairperson Squires stated one alternative is to attach a condition to the lot split that would establish the obligation to pay the trail fee but it would be deferred for some time. Mr. Beberg stated this seemed more reasonable and would like the Commission to consider this. -~- Regular Andover Planning and Zoning Commission Meeting Minutes - August 13, 2002 Page 6 Chairperson Squires stated the trail fee has resulted in an excellent trail system and has been very good for the City and most of the residents would agree with this. Motion by Falk, seconded by Daninger, to close the public hearing at 7:51 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Greenwald asked who decides what the maximum percentage for the trail fee is. Mr. Bednarz stated this is based on the cost ofthe improvement at $20/lineal foot. Commissioner Daninger stated he supports Chairperson Squires and wanted to know how they can delay this. He stated in the future the business may be established and the trail would be an added commodity. He stated delaying the fee if an option may be a wise solution. Commissioner Kirchoff asked if trail fees are received, are they earmarked for a specific job or do they go into a general fund. Mr. Bednarz stated he believed there is a separate trail fund that is established to pay for the City's trail system along major corridors or that would connect neighborhoods to schools or to the current trail system. Motion by Gamache, seconded by Squires, to recommend to the City Council approval of Resolution No. _, approving the Lot Split (02-08) to create two industrial lots from property located at 13530 Hanson Boulevard NW for Beberg Landscape and Nursery and make an amendment to number four of the Resolution and defer the trail fee of $6,571 until the time the trail is developed and at that time the property owner will be assessed the going rate for the trail and that sum of money will open up a dialogue between the property owner and the City to perhaps defer some of the money into goods and/or services. Motion carried on a 6-ayes, I-nays (Falk), O-absent vote. Commissioner Kirchoff stated he did not think they could do this on a project because the project would go beyond the property in questions and would need to bid on the entire project and there would probably be State and Federal funds attached to it. Commissioner Gamache stated the trail would need to come out of the trail fund and would not have State or Federal funds attached and if Beberg Landscape and Nursery could put in landscaping or something to the trail that would be agreed upon by the City instead of a monetary fee to defer part of the cost. Commissioner Greenwald asked why they should charge them more later. Commissioner Gamache stated there is a chance the fee could go up by not paying this up front. Commissioner Greenwald stated he did not agree with that portion of the motion and they should limit it to the current cost now. Commissioner Daninger stated he is concerned with the motion regarding goods and services and he did not see this in the existing motion. Commissioner Gamache stated that he was thinking because of the type of business, the City could work something out with him. -1/- Regular Andover Planning and Zoning Commission Meeting Minutes - August 13, 2002 Page 7 Commissioner Falk stated he liked the amendment but his stated he is not for this because if a resident wants to split a lot, they will have to pay the trail fee. Chairperson Squires stated that the way he interprets the condition is it would not impose any obligation on either party to do that but it is a flag for the future. Commissioner Daninger stated he did not disagree with the current ordinance but he does disagree with the services because what they value is not necessarily the same value the City places on it. Chairperson Squires stated they did not necessarily have to use services or goods, it is just an idea to look at this in the future. Commissioner Larsen asked if there would be a lot of other businesses that have already contributed to the trail fee wanting to be treated the same way. Chairperson Squires stated they are dealing with a situation where they are not sure when the project would take place and most other businesses know when the trail would be developed, Mr. Bednarz stated this situation is different in the fact that they know there is a project coming but they do not know when and to construct a trail now would not be a good idea. Commissioner Larsen asked if there are other people along Hanson Boulevard who have contributed the escrow amount. Chairperson Squires stated he could not think of any other properties that have subdivided in the recent past. Mr. Bednarz stated the resolution establishing the trail fee was adopted in 1999. Commissioner Larsen asked if they were going to be setting a precedence. Chairperson Squires stated that if it was setting a precedence, it was one he did mind setting. Mr, Bednarz stated that this item would be before the Council at the September 3, 2002 City Council meeting. -1z..- @) / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. 0 ANDOVER, MINNESOTA 55304 0 (763) 755-5100 FAX (763) 755-89230 WWW.C1.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administratot Will Neumeister, Community evelopment Director (j/~ FROM: Jon Sevald, Planning Intern ~7 SUBJECT: Consider amendment to Ordinance 214/Tree Preservation/Size of Tree Reduction. DATE: September 3,2002 INTRODUCTION Based upon discussions with a number of developers, staff is recommending changing the required tree plantings from (2 Y>) inches to (1 %) inches in caliper. During review of this I ordinance, staff found that a minor addition should be made to Section 5.1, G regarding Nuisances Declared. The words that should be added are: "Any standing pine tree that is infected with Ips Pini, " DISCUSSION The rationale for the size change is that developers have had difficulty in locating trees with a caliper of at least 2 Y> inches from nurseries. Local nurseries have confirmed this and have stated that the smaller trees have an easier time establishing a root system after being transplanted, encouraging them to grow faster and healthier than the larger trees. Applicable Ordinances Ordinance 214 relates to the preservation of shade trees and the preservation of epidemic diseases associated with shade trees within the City of Andover. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the change in the tree SIze. I ACTION REQUIRED Staff recommends City Council approve the amendment of Ordinance 214/Tree Preservation/Size of Tree Reduction and the addition of 5.1 G. regarding Nuisances Declared. Attachments Planning Commission Minutes Resolution Respectfully submitted, ~ ~J2.VA. Jon Sevald I -z- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA I ORDINANCE NO. 214C AN ORDINANCE AMENDING SECTIONS 5 AND 13 OF ORDINANCE 214B RELATING TO THE SIZE REQUIREMENTS OF SHADE TREES AND THE PREVENTION OF EPIDEMIC DISEASES ASSOCIATED WITH SHADE TREES WITHIN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: (Underlined sections are new language, words striken out shall be removed.) SECTION 5, NUISANCES DECLARED. 5,1 Nuisances. The following are public nuisances wherever they may be found within the City of Andover: A. Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any ofthe elm bark beetles Scolytus Multistreatus (Eichh) or Hylungopinus Rufipes (Marsh). B. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed or sprayed with an effective elm bark beetle insecticide, except that the stockpiling of bark bearing elm wood shall be permitted during the period from September 15th to April 1 st of any year. C. Any living or standing northern red oak, Quercus Rubra, northern pin oak, Quercus Ellipsoidalis, black oak, Quercus Velutina, and scarlet oak, Quercus Coccinea or part thereof infected to any degree with the oak wilt disease Ceratocystis Fagacearum. D. Any living or standing white oak, Quercus alba, bur oak, Quercus macrocarpa, and swamp white oak, Quercus bicolor that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems. E. Any diseased material of the red oak group wilting in July or August of one year declared to be hazardous the following spring, from April 15 until July 1. -J- F. Any recently cut pine tree slash that is or is not part of a slash treatment for trapping Ips Pini. G. Anv standinl!: pine tree that is infected with Ips Pini. I SECTION 13. REQUIRED TREE PLANTINGS. For lots of record created after the adoption of this ordinance, it shall be the responsibility of the developer of said lot to plant a minimum of two (2) live trees or 1 tree per 50 feet of lot width at the boulevard in the front yard, whichever is greater up to a maximum of four required trees. Said trees shall be at least one and three fourths (1 0/4) two and one half (2 ~'i ) inches in diameter and six feet in height as measured at ground level after the trees are planted. Said tree shall be planted between the months of May and October and its species and/or type shall be on the list approved by the City. The developer is required to escrow 150% of the cost of tree installation with a performance bond or irrevocable letter of credit. Landscaping improvements may not be deemed complete until the city has verified survivability of all required plantings through one winter season, which is defined for the purpose of this chapter as the period 21 October through 31 May. The requirements in this section shall not apply to a developer if the minimum number of trees prescribed by this section are preserved in the front yard ofthe property and the trees meet the requirements listed above. (Amendment 214B, 07/17/01) Adopted by the City Council of the City of Andover this _ day of _,2002. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk Michael R. Gamache, Mayor -t'- @) I CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. 0 ANDOVER, MINNESOTA 55304 0 (763) 755-5100 FAX (763) 755-89230 WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City AdministratorqYU FROM: Jim Dickinson, Finance Director SUBJECT: Adopt 2003 Preliminary Tax Levy & Proposed 2003 Budget DATE: September 3, 2002 INTRODUCTION Each year the City Council is required by state law to approve a preliminary budget and submit a preliminary levy certification to Anoka County Property Records and Taxation Division by September 16th, DISCUSSION The Preliminary 2003 Budget and Preliminary Levy certification are the outcomes of the budget workshop held on August 26, 2002. The Preliminary 2003 Budget proposes a total property tax levy of$6,223,525 of which, $5,256,831 is subject to the state imposed levy limitation of $5,256,831 and $966,694 is classified as a special levy for the payment of debt and payment of bonds of another local unit of government. In summary the proposed levy is at the state imposed levy limit, but reflects a decreasing City tax rate by approximately 1.9%. The Council has the right to reduce or keep constant this levy until the final certification date of December 28,2002. BUDGET IMP ACT This is the first step in establishing an operating budget for 2003. ACTION REQUIRED The Andover City Council is requested to approve the attached resolution that indicates a total preliminary levy of $6,223,525 to be submitted to the Anoka County Property Records and axation Division by September 16th and establishes the 2003 Preliminary General Fund Budget. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA I RES, NO A RESOLUTION ADOPTING THE CITY OF ANDOVER 2003 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy and budget prior to September 16,2002, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2003 property tax levy totaling $6,223,525 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the preliminary General Fund budget as follows: REVENUES EXPENDITURES Property Taxes $ 4,585,830 General Government $ 2,478,216 -"icense and Permits 661,825 Public Safety 2,558,813 Intergovemmental Revenue 525,854 Public Works 2,196,608 Charges for Current Services 724,705 Other 87.556 Fines and Forfeits 83,000 Miscellaneous Revenue 319,136 Transfers 420.843 Total $ 7.321.193 Total $ 7.321.193 Adopted by the City of Andover this 3rd day of September 2002, CITY OF ANDOVER A TrEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No, adopting the 2003 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this --1TILday of September 2002. Victoria V olk - City Clerk Attachment A CITY OF ANDOVER, MINNESOTA 2003 Property Tax Levy 2003 Levy Amount General Fund Levy $ 4,505,780 Debt Service Funds Levy 1999 G.O. Equip Cert, 301,980 2001 G,O. Equip Cert, 274,404 2003 G,O, Equip Cert, 200,000 Total Debt Levy 776,384 Other Levies Fire Relief 43,750 Capital Projects Capital EquipmenUProjects 203,200 Parks Projects 50,800 Road & Bridge 619,611 Lower Rum River Watershed 24.000 Total Other Levies 941,361 Gross City Levy $ 6,223,525 @ J CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD N,W. 0 ANDOYER, MINNESOTA 55304 0 (763) 755-5100 FAX (763) 755-8923 0 WWW.CI.ANDOYER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ FROM: Jim Dickinson, Finance Director SUBJECT: Set Truth in Taxation Hearing Date DATE: September 3, 2002 INTRODUCTION Each year the Andover City Council is required to hold Truth in Taxation meetings. These meetings give the public the opportunity to comment on the proposed budget. DISCUSSION: The first hearing date selected by the City will be for the initial hearing to present the proposed levy and budget to the public. If the initial hearing is not sufficient for all public comment and further discussion is required, a continuation hearing will be necessary. The date and time of continuation hearing must be announced before the close of the initial hearing. The continuation hearing must occur at least 5 but no more than 14 business days after the initial hearing, If a continuation hearing is not necessary, the City must announce the date and time of a subsequent hearing for the official adoption of the final levy and budget. The announcement must be made prior to the end of the initial hearing. The Andover City Council is requested to set an initial Truth in Taxation Public Hearing date from the suggested dates as follows: Initial hearing date: Monday December 2,2002 at 7:00 PM Monday December 9, 2002 at 7:00 PM Tuesday December 10,2002 at 7:00 Continuation hearing date: Tuesday, December 17, 2002 a regular City Council meeting. Official adoption date: Tuesday, December 17, 2002 a regular City Council meeting. ACTION REQUIRED The Andover City Council is requested to select a Truth-in- Taxation hearing date. ([;) / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. 0 ANDOVER, MINNESOTA 55304 0 (763) 755-5100 FAX (763) 755-8923 0 WWW.CLANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administrato~l Scott Erickson, City Enginee FROM: Todd Haas, Parks Coordinator SUBJECT: Consider Request for Fencing/Ol-21N ew Ball Fields West of High Schoo1- Engineering DATE: August 20, 2002 INTRODUCTION This item is in regards to a request to fence along the west side of the new ball fields that were constructed by the City west of the new high school. DISCUSSION Attached is a request from Don Eveland who lives directly west of the newly constructed ball fields. Mr. Eveland in his letter is concerned about the farm animals getting out of his property and keeping the public out of his property. Mr. Eveland is also concerned with potential liability if he were to put up a barbed wire fence and not have a chain link fence installed to provide additional protection from it. The Park & Recreation Commission has reviewed the request and has been to the site to meet with Mr. Eveland. Based on the review of the site, the Commission has recommended to the City Council to construct an eight (8) foot fence along the south field (west side) which is closest to Eveland's driveway and at some future point consider fencing the north two (2) fields. BUDGET IMP ACT This request is not identified in the 2002 Park CIP or in the General Fund. The Commission has recommended the funding be from the General Fund. The Finance Director is recommending a combination of Park Dedication and Ball Field Development Funds previously budgeted for the development of the high school. The estimate is about $5,000, which does include the cost of concrete mow strips. ACTION REQUIRED The City Council is requested to authorize the construction of the fencing as recommended by the Park & Recreation Commission with the financing to be allocated as recommended by the City Finance Director. Respectfu~ ~~ cc: Don Eveland, 2575 Andover Blvd. NW, Andover f)f{:-t;::. ,{!tt:-c (':>1111'111';;$10'1 - G/I/O:?- C-,t'j &"'-.'11:.'/ -8I&-oIc:;.~ Wit" Andovar BI\d and the ballfields about finished. it's time to refence the East end of my farm, In order to insure my animals stay on my farm, and off your 0/)-/6 ballfields, I plan to put up 5 strands of barbed wire, The school opted to put up a six foot chainlink fence at their expense, when they considered the potential liability with I RECEIVED barbed wire, I would prefer continuing the six foot chain link the remaining approximately 1/4 mile because it will be much more effectiva keeping my animals in I JiJl 18m I and the public out and should eliminate any liability, If I hava to use barbed wire I will ! ~ l ~ \{ n~- ;~, \' f\.f)\!E.R L.:..__:!.!..!~.:.:..:_,~~t i l." u. \i ~ hava to meet with the city attomey to insure I will be not held liable for anyone Injured by the fence or my animals. I hava been told by evaryone that putting up the fence should be done totally by the city, because of the liability, but I am willing to put up my cost of the barbed fence towards a six foot chain link fence, The cost of 1/4 mile of barbed wire times fiva is $1~~ 00, and 100 posts is $200.00, or $350.00, I will giva $400,00. That is $400.00 more than it will costme to put up the barbed wire since I hava more than enough fence and posts salvaged from the part of my farm the school took. If possible, I would like to get on the agenda on the first meeting in August. Thank You /r1.- Ev2/ . /"Z.--'~ - L......- ...... Don Evaland Thursday, July 18, 2002 America Online: OEve52 Page: 1 - .. :; ~~ 1;-: _ Z. '/ '" , ,.' ," . ;..;-- ;/ "' ---.., ~-::::;~. ~:.-\ /" (" I 'J, ;~''"'" '. . ,,'/'., . ) < ., ~ , ' ! ".. . '. , · '/ ':, ." ,/ ''''0'<-/ l A .. ,,' ~'\ ,- ,...", 'J ~-- ~<. ~ \ f' ~~ ~ · ;'. mf"f ?'I'O{ ~UttrO"l t 6 rDOT- F~mt.e ~ re_......w by ... I~N ~."'Nb. ;. "'&1"" ~ '" ~r I ;;/1'0,(, . ,l '-()Cltr/~ N ----z. '>I e f='coi- ~cc I , z '" \0 ~O~ui e "''''....J<J . ~. , I'i p,,,u Ce~$)~1t I ~<(>> ~ ~.- '"g --,0 . ;t~ui3: I ~~ too ~o: . ~ I I ""~ "0.9g.a-~ ~"'" 6'>6' / "'? ""- n rJ t.e/.,.}. 'OAl. VO,..... NOISN3.1X3 /("-100 '~ rro"". I '1<. Regular City Council Meeting - Tuesday, August 20, 2002 Page Two \ / StaffItems 32. Acknowledge Metropolitan Council's Housing Performance Score-Planning 33. Schedule Council WorkshoplMisceIlaneous City Issues - Administration Mavor/Council 34. Lawn Establishment OrdinancelDiscuss Backyard Top Soil- Planning 35. Bunker Lake Redevelopment Area-Study of Double Splits & Condominiumizing-Planning Adjournment \ , , ) \ , / J , rtjJot:(a1;tOf( '" '. /~tY(Cr Stop Signs it so<e:-:1S ;0 ~:lS~ ar,d ine.~~ensive-we can ?oilution in uroan arc;l.S ,ue getier:ti!y at inter- ,4. stop sisn is Olle 0/ discoLlras~ l.H1"Vanced tr;,'\cfic r:-om using a secdons 'lo\fic~' high ....olumes or idling tr0.c"iic. our ntost ihtlutllJltt :;:ie~~ nod ~ol"'.rrol tb.~ s?~eds vi the re!T\.;:i~~I1.3 Re:~~:trc;" h.Js 5ho\....n .~hat LOCO C1ucornobiies., " alltl ~iie'':ive t"iffi, :rar:;c o~. sirr-,?ly' tl":staHing:\ S~O? sign. At [e?st dece:t2:-~tin'5 to a sro? !.:Ot~ 35 :':'tph and ~he:1 control del:i,es... ~hZ\e is what deies and couCHies are told daiiv Zlcceleraeing :,ack again will inGe3se carbon wirer! used <It tire b~ concer:led residents. Suc does ic realIv :-:1onoxid~ e:nission b~ 2~ ?ol:nds. :t~drocar- riglrt pl.,,: (!I:d ',,'ork. or is ic iuse a svmbol that tealIv does not bons b~ 1.7 ?ollnds and nicrogen oxide b~ 1.9 "nder rite riSIt t dei;er trafiic? Or "vorse yet, does the stop sign ?OU:lQs. These quantides ma~ be slightly high conditions. c:'eace larger traffic proolems? ror :1ew cars, bue they re?resene the situation Sca? signs ha ';e be~n ins tailed and studied t.."oere only single cars are s~o??ing. orten so man:' oi eheir benefics and detrirnents The stated cost or a stop sign ma~ be mea- cZln be predicred for a parric..!lar location. A sured by its cost or approximately 550 to Stop sign is one or inseail. The true cost should rcd",:: vehicle Ollr most ,,'aluable impacts. ...;, single stop sig:,. installed on a 25 a:\d eifeaive traiiic moh stre~t in a Wisconsin dev was calc.llaced . . cancrol devices... b~ university engineers :0 increase annual fuel when used at the costs by 60,000 gallons or about 575.000 per right place and year. under the right con- L'1Sta!ling 3 stop sign or series of stop sig:'.5 ditions. It C3n also may divert some traine rrom that stre~t. ceate a dangerous Uniorrunately, that traiiic may be diverted to simation and anocher stre~c where uiti,:nately the same diminish the eiie,:- demand for a StOp sign may be made. Traific ...) tiveness of other signs when improperly used. :nay be diverted to secondary stte~!S less able It is orten assumed that installing a stop sign to saiely carry the trainc volume. Studies have will slow tramc along 3 stretch oi road. Unior- not .been able to document anv long term tunaceiy. ove:al! speed may acrually increase. reduction in craific caused bv the simole . . A number oi d...--:ivers are some what irritated installation oi a stop sign. bv the instailadon oi these "soeed controlstoo A iinal concern over i..'1Stalling a stop sign at . .. signs" and develop a tende:lcy co make up ror an incersection with a low volume traiiic on lost :i.:ne:,y over acceleradng or by traveling the coss street, or at a ~id-bloei< location. has at hig~e:- speecis oer'Neen signs. to do wich the eiieaive:less oi the sign itseLf A smdy in San Franc'..sco showed that 3nd its impact on ocher StOp si~.s. A Mic:-.igan speeds only 100 fe':t pas\: the stop sign ....,ere study showed that approximately half or the within 3 mph or the top level or speeds. This rr:.ocorists rnade a roiling 5\:O? at t;,.e S-CO? sig:'.s smd;; also showed that speeds at a mid-block on 10c:l1 streetS. and one-J,uarrer or tr:lmc cid location. two blocks crom any StOp sig:J were not seop at :lll. Observadons throughout the 5t. 3-3 ::\?h higher with a stop sign than aiter the Paul and Minneapolis :ne:ropoliean are:a have scop signs had been removed. The onl~ actual aiso shown a hign voiume or roiling scops at reduction in speed appe:lrs to be within a iew ineersections where eoss craiiic conr1ic:s are hundred ie~t oi the scop sign itseLf. nor anddpaced. AccidentS do ocC'..u with stop ResidentS ne3r the scop sign, while seeing sig:Js and accide:lc races can ineease aiter lower speeds. are raced with other new prob- installation oi stop sig:-.s. ler.ns. Dece!e~ating and acce!eraring vehicles Wnen scop sig:r-.s are te~uesteci ~o conn-ol make more noise ~han those ?assing.1t a con- speed or discour::.ge ~aiHc. ~b.e :,esc approach stant s'Deed. c.:lITImercial vehices, diesel may be to ana- ~ngine vehicles, 3nd those wich exhaust prob- lyze the probie..'I\ .J lerns or :nodific3tions add significantly to the and simation in . I I' .. de~ and look nOIse .eve_ wnen acceleranng. There is also an air quality ele:nent associ- ior alte~ative ated with vehicle scops. noc SpOtS ior air solutions. 3 Regular Andover Park & Recreation Commission Meeting Minutes - August 15. 2002 Page 2 Mr Haas noted that based on proposed market valuation of the property at $123,649.00 the rice per square foot (lot is 2.75 acres in size) would be $1.03 per square foot. T Par Recreation Commission is requested to review and recommend to t ity Co cil . her to agree or disagree with the proposed market value of the newl roposed ed parc hat is being considered to be split by Chris Beberg. . e if the 7% value select one of the three ~ Commissioner DeLaForest, to ket value of $123,649.00 and price for the newly proposed create,r parcel erg. Motion carried on a 5-ayes,.0-nays, Beberg, Beberg Landscapin ursery Co., ex ined there is a large drainage tion pond to the north of th . property that is an ey reo He asked if the Park and ation Commission had th bility to consider developin is as a park area. ,Beberg caping could do the I scaping with walk paths and bird butterfly gardens. . aas explained thi ea is a drainage outlot now. The Council cou to c ange it to a k if they wanted to and Beberg Landscaping co do some land caping unde e "Adopt a Park" program. Machinery could not be utili this rogram. Cha Un I explained that although this is a great idea, there are several of these outl s the City and they are limited on what they can do. The more park property they claim uts them further behind on their actual parks. . . CONSIDER REQUEST/OI-2/FENCING FOR NEW CITY BALL FIELDS WET OF HIGH SCHOOL, CONT. ~ Commissioner Blackstad suggested a fel1ce be constructed along Mr. Eveland's driveway, . with the contingency oflooking at the fencing along the north ball fields in the future. . Commissioner Holthus inquired about the chain link fence left over from another sire that had been mentioned previously. Mr. Haas responded it was traded in for fencing illfother areas and is no longer available. . . Commissioner Peterson suggested Mr, Eveland post "No Trespassing" signs nextto his barbed wire fence and address this witll the school board. Although the Commission does not have funds available, a fence shtuld be constructed along the third baseline. . Regular Andover Park & Recreation Commission Meeting Minutes - August 15, 2002 Page 3 Commissioner Holthus suggested the entire area be fenced rather than paying for this again in the future, Commissioner DeLaForest stated he agrees with Commissioner Blackstad. He understands their financial limitations, however, if they look at this in the long term with the litigious nature of their society, they could go through $14,000 in legal fees if someone were hurt on the barbed wire. The City would likely be held responsible because they have the money. If they put the fence in now it could be looked at as an insurance policy against future litigation. Motion by Commissioner Blackstad, seconded by Commissioner DeLaForest, to recommend the City Council approve the request of Don Eveland to construct an 8-foot fence along the south field, which is closest to the driveway, and at some future point consider fencing the other two fields, with the funding from the General Fund. Fencing to be completed by May 1,2003. Mr. Haas noted there are contracts now in place and the fencing might be able to be completed as a change order with one of these contracts. Commissioner Blackstad inquired what the cost would be for the fence. Mr. Haas estimated the cost at $4,500. Motion carried on a 4-ayes, I-nay (Holthus), 2-absent (Anderson and Grabowski) vote, Commissioner Holthus stated she voted against this because she believes they should fence the entire area. REVIEW OF 2003-2007 BIKEWAYIWALKWAY CORRIDORS Mr. aas explained that this item is in regard to reviewing the 2003-2007 Capital Improv nt Plan (CIP) for Bikeway/Walkway Corridors, He noted the information included in meeting packet pertaining to the 2003-2007 CIP and locati ap for the proposed bike walkway corridors. This item is scheduled t Iscussed at the special joint meetin 'th the City Council on September Commi er Peterson expressed concern with the t long Bunker Lake Boulevard anson Boulevard to Crane Street NW as it starts and s frequently. @ CITY OF ANDOVER .I 1685 CROSSTOWN BOULEVARD N.W. 0 ANDOVER, MINNESOTA 55304 0 (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City AdministratoJr/ FROM: Scott Erickson, City Engineer SUBJECT: Award Bid/98-20/Bunker Lake Boulevard Pedestrian Underpass (Supplemental) - Engineering DATE: September 3,2002 INTRODUCTION The bid opening for this project is scheduled the same day as the Council meeting, The item will be presented to the Council at the meeting. Respectfully submitted, (J cPdlctJ~ Scott Erickson i @ CITY OF ANDOVER I 1685 CROSSTOWN BOULEVARD N.W. 0 ANDOVER, MINNESOTA 55304 0 (763) 755-5100 FAX (763) 755-8923 0 WWW,C1.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~v (! I FROM: Will Neumeister, Director of Community Developmentud- SUBJECT: Research on Transfer Stations--Community Development DATE: September 3, 2002 INTRODUCTION Please review the attached letter from the City Attorney regarding the issue of regulating or prohibition of waste transfer stations. DISCUSSION On August 5, 2002 Council approved the language changes to the Zoning Ordinance that prohibited Composting Facilities. At that meeting, staff was directed to investigate the potential to prohibit / transfer stations from locating in the City. The City Attorney advises that the City can not prohibit them, however they may be regulated. There are statutes that give the County broad authority to implement a solid waste master plan and policy, The City must be consistent with the County's approved master plan. The Attorney has advised that the City has some review and approval authority with respect to transfer stations established pursuant to the Metropolitan Government Act and the State Waste Management Act. The City can adopt local regulations regarding the monitoring and operation of these facilities. The City can insist that such facilities be justified pursuant to the standards set forth in the statutes and insist that the facility be justified and in compliance with the Metropolitan Govemment Waste Management plan and the County master plans. The Attorney does not see that the City has the authority to ban transfer stations that are otherwise in conformance with the state regulations, but they may be required to be justified and regulated. ACTION REQUIRED Staff requests Council receive Attorney's opinion on transfer stations and provide direction regarding establishing any new regulations regarding them. Respectfully submitted, ~/~ Will Neumeister 08/14/2008 16:40 LRW OFFICE 2140 4TH RUE ~ 7558923 NO.313 1>'02 LAw ()1:F1c.eS OF William G. Hawkins and Associates 2140 FOUIDl AVENUE NORTH / Ltgol Assi.rtofl/$ ANOKA. M1Nl'iESOTA 55303 WILLlAl\' G. HAWKINS TAMMI J, UVEGES PHONE (763) 427-SS77 BARRY A. SULUVA.N Hou.y (j. PROVO FAX (763) 421-4213 E-MAIL HAWKl.Awl @aol.com , August 14, 2002 BY FACSIMILE Mr. Will Neumeister (7631 755-8923 Community Development Direct01 City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Transfer Stations Dear Mr. Neumeister: / The question raised, as I understand it, is whether the City may absolutely prohibit and exclude the establishment of "transfer stations" within the City of Andover. In my opinion, for the reasons expressed herein. the answer is no. A "transfer station" is defined by the Minnesota w~ Management Act as .....an intermediate waste facility in which waste collected from any source is temporarily deposited to await transportation to another waste facility." Minn. Stat. ~115A.03, Subd. 33 (2000). A "waste facility" means all property rights u...which is or may be needed or useful for the processing or disposal of waste.... .. Minn. Stat. ~ 11 SA.03, Subd. 35 (20001. The Metropolitan Government Act contained in Minn. Stat. Chapter 473 contains a series of provisions dealing with solid and hazardous waste. Minn. Stat. ~473.801, et. seq, Under the statutes, every county is to implement a solid waste master plan and policy. These statutes give the county broad authority to implement their plans. For example, the county may acquire property, sell bonds. operate facilities. and enter into contracts for the operation of such facilities. Minn. Stat. !i473.811 12000). Under that statute. ordinances of local government units are to I be consistent with an approved county master plan. Section 473.811. Subd. 4a 12(00). That section further provides, in relevant part: "A county may establish and operate or contract for the establishment of I I , , -2- AUG 14 2002 16:47 763 421 4213 PAGE. 02 08/14/2008 16:40 LRW OFFICE 2140 4TH RVE ~ 7558823 NO.313 [;103 Mr. Will Neumeister August 14, 2002 Page 2 operation of a solid waste disposal facility without complying with local ordinances if the director certifies need under section 473.823, subdivision 6. With the approval of the director, local government units may impose and enforce reasonable conditions respecting the construction, operation, inspection, monitoring, and maintenance of the disposal facilities. No local govemment unit shall prevent the establishment or operation of any solid waste facility in accordance with the director's decision under section 473.823, subdivision 5, except that, with the approval of the director, the local government unit may impose reasonable conditions respecting the construction, inspection, monitoring, and maintenance of a facility." The Waste Management Act does provide a municipality with some oversight and approval authority regarding the establishment of a waste facility. Section 115A.31 provides: "if a county applies for or requests approval of establishment of a solid waste facility within the boundaries of a local government unit, the local government unit shall approve or disapprove the application request within 120 days following the delivery by the county to the local government unit of the application or request completed in accordance with the requirements of applicable local ordinances. · Another section makes clear, however, that our auth ority is somewhat circumscribed, Section 115A.28, Subd. 3 provides: "Local Requirements. A political subdivision may impose reasonable requirements respecting the construction, inspection, operation, monitoring and maintenance of a facility. Any such requirements shall be subject to review by the office to determine their reasonableness and consistency with the establishment and use of a facility in accordance with the final decision and lease of the office and by the agency to determine their reasonableness and consistency with permits of state and federal permitting agencies, The office or agency may approve, disapprove, suspend, modify, or reverse any such requirements, The decision of the office or agency shall be final. .. In the metropolitan area, the MPCA is a permitting agency for solid waste facilities. With respect to transfer stations, Section 473,823, Subd. 3(e) provides: -3- AUG 14 2002 16:48 763 421 4213 PAGE. 03 08/14/2008 16:40 LRW OFFICE 2140 4TH RUE ~ 7558923 NO.313 GJ04 Mr. Will Neumeister August 14, 2002 Page 3 "A permit may not be issued in the metropolitan area for a solid waste faciilty used primarily for resource recovery or a transfer station serving the facility, if the facilitY or station is owned or operated by a pUblic agency or if the acquisition or betterment of the facility or station is secured by public funds or obligations issued by a public agency, unless the director finds and determines that adequate markets exist for the products recovered and that establishment of the facility is consistent with the criteria and standards in the metropolitan and county plans respecting the protection of existing resource recovery facilities and transfer stations serving such facilities, .. Subdivision 5 of that same section provides the procedure whereby a county may estabrlSh a facility without local compliance, at least with respect to the permit required by the MPCA. That section provides: "Review of waste processing facilities, lal A metropolitan county may establish a waste processing facility within the county without complying with local ordinances, if the action is approved bV the director in accordance with the review process established by this subdivision. A county requesting review shall shOw that: (1) the required permits for the proposed facility have been or will be issued by the agency: ! , 121 the facility is consistent with the metropolitan polity plan and the I approved county master plan; and i (3) a local government unit has refused to approve the establishment or operation of the facilitY, has failed to deny or approve establishment or operation of the facility within the time period required in section 115A,3" Of' ! has approved the application or request with conditions that are unreasonable I I or impossible for the county to meet. " , In summary, the City has some review and approval authority with respect to transfer stations established pursuant to the Metropolitan Government Act and the State Waste Management Act. The City can adopt some local regulation regarding the monitoring and operation of these facilities. The City has the option of contracting directly for these facilities. The City can insist that such facilities be justified pursuant to the standards set forth in the statutes and insist that the facility be justified and in compliance with Metropolitan Government Waste Management plan and the county master plans. I do not see that the City has the authority to -r~ AUG 14 2002 16:48 763 421 4213 PAGE. 04 08/14/2008 16:40 LRW OFFICE 2140 4TH RVE ~ 7558923 NO.313 (;105 Mr. Will Neumeister August 14, 2002 Page 4 ban transfer stations that are otherwise in compliance with these numerouS other state regulations. I trust this answers the question which you have raised. If the City is considering the adoption of a ordinance regulating transfer stations, it would be best to examine the requirements of the Metropolitan CounCil Waste Management Plan, Aooka County Master Waste Management Plan and Policies, and any applicable MPCA policies and regulations to ensure conformity therewith. Thank you for your attention te) this matter. If you wish to discuss this issue further, please feel free to call. . . I ! , I I ->- I RUG 14 2002 16:48 763 421 4213 PRGE.05 @ ! CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . W\'VW.CI.ANDOVER.J\lN.US TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Consider YMCA Marketing Study Reimbursement DATE: September 3, 2002 INTRODUCTION At the August 27, 2002 Council Workshop, the City Council was made aware of the YMCA's desire to conduct a marketing study investigating the level of demographic support an indoor aquatic center would have in the Andover market area. DISCUSSION The YMCA is requesting whether the City would be interested in financially participating in this market study. Council considered this request and discussed the possibility of reimbursing the YMCA after completion of the study, contingent upon the YMCA's continued participation in the project culminating in a signed lease commitment. It would also be agreed that the results of this study be shared with the City of Andover upon completion. BUDGET IMPACT According to YMCA estimates, the market study would cost approximately $20,000 to conduct, with the City's portion at 50% of the total cost, not to exceed $10,000. The City would only reimburse the YMCA for this marketing study expense on the condition that the YMCA commit to the project in the fonn of a signed lease commitment, Reimbursement expense would be categorized as a project expense and financed through project bond proceeds. ACTION REQUIRED Consider a 50%, not to exceed $10,000 reimbursement to the YMCA for the completion of a marketing study contingent upon a signed facility lease agreement, J n F, Erar ity Administrator . DATE September 3,2002 oQi G1 ~W-,~ , ITEMS GIVEN TO THE CITY COUNCIL \!- ~ I .:. Letter from Gregory Anderson, Anoka County - August 23, 2002 PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. / G:IDA TAIST AFFIRHONDAAIAGENDAICCLlST.DOC 0t:0;~~ ~ F~'=-"~."""~'l COU NTY OF ANO AAQ.l Public Services Division ..c;"_) HIGHWAY DEPARTMENT t" 1< A 1440 BUNKER LAKE BLVD, NW" ANDOVER, MINNESOTA 55304-4005 , "'~----'---"-- L:.r EEGE\V ! (763) 862-4200 FAX (763) 862-4201 .,..', .'." ". ...,.,1 r---"---'~-''''-'''''--' i !.ANClK.A:1 ~ r ; 'COUNTY': 26 "jn? i ' t ..,. .', ' ... ., . '. .' ,.'. J i LGLk, i i Gregory A. A~derso.n, Principal Project Representative "....~,.....~_..~--....~..>.~ I \' Direct Dial Number (763) 862-4243 t A ;':;-0~-~~~~:~:::~~;--'._~'~-"~--'*7.::~~ 1") i \ L i 1: .~,.. ::_:':~_..~_.__::l.. i~~...__; August 23, 2002 REGARDING: 2002 Construction: Hanson Blvd, (CSAH 78) Reconstruction from 1034' South to 922' North of Crosstown Blvd, (CR 18) and Crosstown Blvd, (CR 18) Reconstruction from 893' West to 1047' East of Hanson Blvd, (CSAH 78). Dear Resident: The reconstruction of Hanson Blvd, and Crosstown Blvd, is scheduled to begin on August 26th. The Anoka County highway surveyors have begun the process of preparing this area for construction, they will be placing stakes at or near the right-of-way property lines and painting trees and structures for future removal. The work will consist of utility relocation, earth moving operations, storm sewer, concrete curb & gutter, paving and a traffic signal system being installed at the intersection. The final roadway will consist of a center median, one 12' through lane with left and right turn lanes in each direction. The normal workweek is expected to be Monday-Friday, 7:00 a,m, -7:00 p,m, The project should be substantially complete by late fall, 2002, Final completion including turf establishment will be in the spring of 2003, Hanson Blvd. will remain open during construction, traffic lanes will altered to allow construction to progress, Crosstown Blvd, will be closed west of Hanson Blvd, between Hanson Blvd and the north school entrance for approximately three weeks during stage 1 of the construction, The assigned detour route will be Andover Blvd, and Hanson Blvd, Crosstown Blvd, east of Hanson Blvd. will be closed between Hanson Blvd, and Blue Bird S1. during stage 2 of the construction, The assigned detour route will be Praire Rd. and Constance Blvd. Signs will be placed indicating the date of the closure 10 days prior to the roadway being closed. Some of the temporary inconveniences that you will encounter include traffic delays, noise, dust, vibrations, and limited access to homes. Dust created by construction operations will be reasonably controlled using water. These inconveniences are unavoidable; however, they are temporary and will be minimized to all practical extents, We appreciate your patience in advance and consideration of work zone speed limits for the safety of the workers and the public, The existing bituminous paths paralleling Hanson Blvd. and Crosstown Blvd. will remain inplace during construction with the exception of the intersection area, where temporary fencing will be placed along the paths to isolate pedestrians from construction activities, The Anoka Hennepin School District has been made aware of the proposed construction activities and is reviewing busing routes and pedestrian protection. The Anoka County Project Representative is Mr. Ben Holm. Ben will be on-site during construction and will be available to answer your questions, Please direct all your inquiries to myself at 763-862- 4243 or Ben at 763-862-4248. Anoka County publishes a weekly construction update on all county projects, This Construction Weekly is posted on our Internet web site at http://www.co,anoka,mn.us/ Since:h 1/&-- Gregory ~erson Principal Project Representative C:IWINNTlProfileslgaandersID<Affi1'mBmte3:AlIl:tlGmMEqual 0 pportu nity Em p loyer , / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.cI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda Items for September 3, 2002 Council Meeting DATE: September 3, 2002 , The Council is requested to review the supplemental material for the following Agenda Items: Accept Additional Information under Discussion Items Item #15, Consider Award of Bid/98-20/Bunker Lake Blvd. Pedestrian Underpass (Supplemental) - Engineering Item # l6a. Letter of Credit Reduction/Development Improvements/Hamilton Square (Supplemental) - Finance / J hn F. Erar ity Administrator , / .,~ \C /~/ / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARDN.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.cJ,ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administratof'v FROM: Scott Erickson, City Engineer SUBJECT: Award Bid/98-20/Bunker Lake Boulevard Pedestrian Underpass (Supplemental) - Engineering DATE: September 3, 2002 INTRODUCTION The City Council is requested to receive the bids and consider awarding or rejecting the contract for Project 98-20, for the Bunker Lake Boulevard Pedestrian Underpass, Project 98-20, DISCUSSION Upon completion of the final design for the underpass the City Council authorized bids to be solicited for the construction of this project. With the complexity of the project resulting from a high groundwater table and a poor bidding climate the bids received for the project were not very favorable. The City has received two bids for this project. Bids received are as follows: Contractor Bid Amount (Base Bid) Altl Forest Lake Contracting, Inc. $487,013.75 $0 Motzko Companies, Inc. $398,666,09 $14,888 Due to the significant costs associated with the water proofing systems and storm water pumping facility the bids received for the construction of the pedestrian underpass are significantly over the amount budgeted. I Contact was made with the Anoka County Highway Department and the Anoka County Parks Department who both indicated that although they supported the projectlunding was not available at this time, Mayor and Council Members September 3, 2002 Page 20f2 BUDGET IMP ACT Staff has previously identified funding for this project in the amount of $290,000,00, TheOty Finance Director has indicated that additional funding for this project is not available at this time. ACTION REQUIRED The City Council is requested to receive the bids and perform one of the following actions: 1. Approve a resolution rejecting the bids. 2. Approve a resolution rejecting bids and authorize staff to further investigate if additional funding sources for this project are available with the anticipation of re-bidding the project in the spring of2003. (This option was discussed with contractors who did not bid the project and it does not appear that a significant reduction in the bid cost would result) Respectfully submitted, a:P/c!f~ Scott Erickson " ~ ,- ([9 J CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ FROM: Jim Dickinson, Finance Director SUBJECT: Letter of Credit Reduction /Development Improvements/Hamilton Square DATE: September 3, 2002 INTRODUCTION Edward and Lora Hamilton, attached letter, requested the City to reduce letter of credit (LOC) #98-40 for developer improvements related to the Hamilton Square commercial development, City Project # 97-26 by $9,945.00. DISCUSSION The Finance Department has reviewed the request by the Hamiltons and does not recommend that a letter of credit reduction of $9,945.00 for developer improvements related to the Hamilton Square commercial development be granted. The staff recommendation is based on criteria established by the City Council at the April 17, 2001 meeting, which is attached, The calculation set forth is computed on 35 % of the outstanding principal (approximately $105,301.80) on special assessments of Hamilton Square, which equates to $36,855.63. The current letter of credit held is $26,527.12. Ifthe additional request were granted the new balance of the LOC would be $16,582,12. The LOC reduction requested by Mr. Hamilton of$9,945,OO is not recommended by the Finance Department and would be at the discretion of the City Council. BUDGET IMP ACT The budget is not impacted by this letter of credit reduction. ACTION REQUESTED The Council is requested to deny the LOC #98-40 reduction in favor of the City of Andover provided by the First National Bank of Elk River on behalf of Edward & Lora Hamilton. ~ " . ... " :7 ~-, .,., J; ""-? , ,~ ') it,-.- (./ "-- - , \ o "'"' / ~tjL mtt~<'(. ,&i1 ~;L ItCJ5 {~~~-n- a117t<< C'j;~l.~/U/ 'J"J'!/J1 -b 5 3 (j ,/, /' ~ i ;.,)ykJ.//...; . :/I/J .f~'1)1 r:t.d:cI.-">l'lJ IV {vJ/~ ?-C. ,~(I/~,'u~L~~ o-~L ~j:tit'lf {~lJ'j~/ ~ Ii ,,' !/ IP . ~ !l-l.,1 -;tru!- (111L-C.,-,,~,t:r 1 i/; q Li t/, II vU.~e..-1L ~ t.ALe C?"-'-VJ~~-r.,d- ~ ' f: . ~ } .-, ,. '-r.., II ;:~ ,.{ 'J (:U-U2.. c:nl\.. /<Pcf'.A-?'7?",-,l,lo/GL l.:::Jj ). r...)e; ,;:1> ,(/7V ""-"I-.'-z-'-..t/L.hl /'r~'i/!..-'i!...', ,I' ,: '(-f\ Ii 0J~~{ 1'\ o>~t4',- ' '\ ..., / : S <f ifi0L.uk'~t ' fi ' .. ,_ (l) .... I c!:-tt.:",fctJ::LZ ' CL-;/'IvJi.Ly,. (:->&, I S;/-u-if /IY11.Lt). (L~--a-) fr....4''-. 55 J 03 '\ ; .. : ,; . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 17. 2001 AGENDA SECTION ORIGINATING DEPARTMENT Consent Finance Jim Dickinson iTEM NO. Approve Update on Hamilton Square Request: Approve the proposed language to the Hamilton Square Development Contract subj ect to final review by the City Attorney. Development Contract language proposed to be modified: "2. Security, levy of Special Assessments and Required Payment Therefor. Prior to the preparation of fmaJ.-pians and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow or letter of credit in the amount equal to fifteen (15 %) percent of the total estimated cost of said improvements as establisnoo by the City Engineer. Said cash escrow, including accrued interest thereon, or letter of , credit, may be used by the City upon default by the Developer in the payment of special assessments pursuant hereto, whether accelerated or otherwise, That such cash escrow or letter of credit shall remain in full force and effect throughout the term of the special assessments, except, the amount of such escrow or letter of credit may be reduced, upon the request of the Developer, at the City's option, but in no event shall not be less than the total of the outstanding special assessments against all properties within the development. The City will reserve the ri~ht to decrease each commerciat subdi':ision's/development's security al!Ieement requirements on a case bv case basis with comoliance with all of the followinl! terms: 1. The special assessments levied have received si!lllificant payments (no less than 65%) to date ofreduction reouest. 2. No historv of delinauent special assessment or real estate payments on the propertY since the construction of the improvements. 3. The proposed reduction will result in the Outstandinl! Letter of Credit beinl! not less than 35% of the outstanding princioaJ on the special assessments. ,4. The developer has oroyided written documentation that there are no other encumbrances on the improved property referenced in the Letter of Credit." Back2'round: Tne Andover City Council approved the reduction ofletter of credit #98-40 to $47,700 in favor of the City of Andover provided by First National Bank of Elk River on behalf of Edward and Lora Hamilton. The reduction resulted in an $11,400 decrease. The Council also directed staff to modify the language in the City of Andover basic development contract to allow the Council the ability to handle letter of credit reduction requests on a case-by-case basis. Ori~inal Staff Recommendation: / A request was made by the Hamiltons to reduce the letter of credit for development improvements of Hamilton Square. Staff reviewed the request and has concluded that the request does not meet the 85% rule and does not recommend a reduction, Currently only approximately 75% of the assessment is paid. / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda Items for September 3, 2002 Council Meeting DATE: September 3, 2002 The Council is requested to review the supplemental material for the following Agenda Items: Accept Additional Information under Discussion Items Item #15, Consider Award of Bid/98-20/Bunker Lake Blvd. Pedestrian Underpass (Supplemental) - Engineering Item # 16a. Letter of Credit ReductionlDevelopment Improvements/Hamilton Square (Supplemental) - Finance J hn F. Erar ity Administrator / . (9 . / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ FROM: Jim Dickinson, Finance Director SUBJECT: Letter of Credit Reduction /Development Improvements/Hamilton Square DATE: September 3, 2002 INTRODUCTION Edward and Lora Hamilton, attached letter, requested the City to reduce letter of credit (LOC) #98-40 for developer improvements related to the Hamilton Square commercial development, City Project # 97-26 by $9,945.00. DISCUSSION The Finance Department has reviewed the request by the Hamiltons and does not recommend that a letter of credit reduction of $9,945.00 for developer improvements related to the Hamilton Square commercial development be granted. The staff recommendation is based on criteria established by the City Council at the April 17, 2001 meeting, which is attached. The calculation set forth is computed on 35 % ofthe outstanding principal (approximately $105,301.80) on special assessments of Hamilton Square, which equates to $36,855.63. The current letter of credit held is $26,527,12, If the additional request were granted the new balance of the LOC would be $16,582.12. The LOC reduction requested by Mr. Hamilton of$9,945.00 is not recommended by the Finance Department and would be at the discretion of the City Council. BUDGET IMPACT The budget is not impacted by this letter of credit reduction. ACTION REQUESTED The Council is requested to deny the LOC #98-40 reduction in' favor of the City of Andover provided by the First National Bank of Elk River on behalf of Edward & Lora Hamilton. ~ . :7 f, ~ ..':f ;I-:? ,- 3 /y'- t.~ "-- o ' '" /1-rU1M/!-t m~ <i,~ ~~ / t r;J_5 {~~v.?\- a>-f lJ.~ (i1!..i!.~~IJ, '1'JI/)1 _i( 5 J (:) 'I " ~ j . -1 )/..-ltVI/, . :/I/'.:./.f~ "21,/ d.4e.l.J'hI\ / " , I / . -j/ J+ /1 -.:L (I) cv"Ptd. ?-e- ,e.2Cl/~ "1..e~J.::.L"'~" c~-U/L (7)~W-ll vu:Lt j.u.!t :i1:.c {V,1tC~'1vflllf(i q Li Lj; II vU.~;'jL iA/ Dluz. C;v,1~,(_l- ,0 j ~. , '1 j,' ',- /' II ; "'1 t. f.J' .' ") ,.,.-, ""- ' ! /7 ../ (+vJL ivt'\. 41y;::"~K)~ IVI }.[.oO;' Cr-Iv' ,....t.t:.Zi--r. /:j'~{;Ji/4. I. _ , l ,~ Ii ,Wi ! { 1\ (.(..-~t.f'I,- GJ -t , 1// ; /. !;J' 0. , S-/j- (/I'-/..!A.:..uz~'a ' ( C:.{.fl.:~h:uut He<-r1.....Ji'&;. fr.:>(:, I S;tu.(j jIY17,LJ. (l~~) /'Y'-4'\- S.5 J 03 . . CITY OF ANDOVER / REQUEST FOR COUNCIL ACTION DATE: April 17, 2001 AGENDA SECTION ORIGINATING DEPARTMENT Consent Finance Jim Dickinson ITEM NO. Approve Update on Hamilton Square Request: Approve the proposed language to the Hamilton Square Development Contract subject to final review by the City Attorney. Development Contract language proposed to be modified: "2. Security, levy of Special Assessments and Required Payment Therefor. Prior to the preparation of [mal-plans and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow or letter of credit in the amount equal to fifteen (15%) percent of the total estimated cost of said improvements as establisnea by the City Engineer. Said cash escrow, including accrued interest thereon, or letter of credit, may be used by the City upon default by the Developer in the payment of special assessments pursuant hereto, whether J accelerated or otherwise. That such cash escrow or letter of credit shall remain in full force and effect throughout the term of the special assessments, except, the amount of such escrow or letter of credit may be reduced, upon the request of the Developer, at the City's option, but ill no cyent shall not be less than the total of the outstanding special assessments against all properties within the development. The City will reserve the ri~ht to decrease each commerciat subdi,..ision's/development's security agreement re~uirements on a case by case basis with comoliance with all of the followin~ terms: 1. The special assessments levied have received significant pavments (no less than 65%) to date of reduction re~uest. 2. No historY of delinauent special assessment or real estate pavments on the propem since the construction of the improvements. 3, The proposed reduction will result in the Outstanding Letter of Credit being not less than 35% of the outstandin~ principal on the special assessments. 4, The developer has provided written documentation that there are no other encumbrances on the improved propem referenced in the Letter of Credit." Back2rOund: The Andover City Council approved the reduction ofletter of credit #98-40 to $47,700 in favor of the City of Andover provided by First National Bank of Elk River on behalf of Edward and Lora Hamilton. The reduction resulted in an $11,400 decrease. The Council also directed staff to modify the language in the City of Andover basic development contract to allow the Council the ability to handle letter of credit reduction requests on a case-by-case basis. Orieinal Staff Recommendation: A request was made by the Hamiltons to reduce the letter of credit for development improvements of Hamilton Square. Staff reviewed the request and has concluded that the request does not meet the 85% rule and does not recommend a.reduction. Currently only approximately 75% of the assessment is paid. ... V!) . . " CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administrato~ FROM: Scott Erickson, City Engineer SUBJECT: Award Bid/98-20/Bunker Lake Boulevard Pedestrian Underpass (Supplemental) - Engineering DATE: September 3, 2002 INTRODUCTION The City Council is requested to receive the bids and consider awarding or rejecting the contract for Project 98-20, for the Bunker Lake Boulevard Pedestrian Underpass, Project 98-20. J DISCUSSION Upon completion of the final design for the underpass the City Council authorized bids to be solicited for the construction of this project. With the complexity of the project resulting from a high groundwater table and a poor bidding climate the bids received for the project were not very favorable. The City has received two bids for this project. Bids received are as follows: Contractor Bid Amount (Base Bid) Alt1 Forest Lake Contracting, Inc. $487,013.75 $0 Motzko Companies, Inc. $398,666.09 $14,888 Due to the significant costs associated with the water proofing systems and storm water pumping facility the bids received for the construction of the pedestrian underpass are significantly over the amount budgeted. j Contact was made with the Anoka County Highway Department and the Anoka County Parks Department who both indicated that although they supported the projectlunding was not available at this time. . ~ Mayor and Council Members September 3, 2002 Page 20f2 BUDGET IMPACT Staff has previously identified funding for this project in the amount of $290,000,00. The City Finance Director has indicated that additional funding for this project is not available at this time, J ACTION REQUIRED The City Council is requested to receive the bids and perform one of the following actions: 1. Approve a resolution rejecting the bids. 2. Approve a resolution rejecting bids and authorize staff to further investigate if additional funding sources for this project are available with the anticipation of re-bidding the project in the spring of2003. (This option was discussed with contractors who did not bid the project and it does not appear that a significant reduction in the bid cost would result) Respectfully submitted, @/k~ Scott Erickson J