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Home My WebLink AboutCC November 6, 2002 CITY OF ANDOVER \ ) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755.8923. WWW.C1.ANDOVER,MN.US Regular City Council Meeting - Wednesday, November 6, 2002 Call to Order - 7:00 p.m. Resident Forum a. Ed HamiltonlHamilton Square - Community Development Agenda Approval 1. Approval of Minutes (Spec. CC Workshop 10/9/02) (Reg. CC Mtg. 10/15/02) . \ '-.-.l Consent Items 2. Approve Payment of Claims - Finance 3. Approve Release/Cash Escrows/98-09 & 98-33/Cambridge Estates & Cambridge Estates 2nd Additions - Finance 4. Waive Public Hearing/Adopt Assessment Roll/00-18/Andover High School Street & Utility Improvements - Engineering 5. Accept Feasibility ReportJ02-41/14381 Osage Street NW/East Yz-Lot 4, Block 1, Parcel4B, Creekside Estates 2nd Addition/SS & WM - Engineering 6. Accept Quit Claim Deeds/98-17 !Bunker Lake Blvd. NW - Engineering 7. Accept Petition/02-42/1508 - 148th Lane NW /SS & WM - Engineering 8. Reduce Escrow/Developer's Improvements/Cambridge Estates - Engineering 9. Reduce Escrow/Developer's Improvements/Cambridge Estates 2nd Addition - Engineering 10. Consider Amendment to Ordinance 10/Sketch Plan Process, Continued - Planning 11. Acknowledge Resignation/City Engineer - Administration 12. Appointment AcknowledgementlInterim City Engineer - Administration 13. Authorize ContractJEvaluate Roadway Conditions for Pavement Management Program/TKDA - Engineering 14. 2002 Third Quarter Financial Report - Finance 15. Approve Tobacco LicensefNorthgate Liquors - Clerk Discussion Items 16. Canvass Results/General Election - Clerk 17. Hold Public Hearing/Adopt Assessment Roll/00-5A12002 Mill & Oveday/7th Avenue Area- Engineering 18. Public Hearing/2002 Delinquent Utility Service Charges - Finance 19. Authorize Contract/Water System Risk AssessmentJElert & Associates - Engineering 20. Consider Resident Request/Marystone Blvd. Neighborhood Improvement Request/02-44 - Administration 21. Consider Lot Split Request/16030 Makah Street NW Additional Information (Continued) - Planning 22. Consider Adopting Fire Works Ordinance Municipal Regulations, Continued - Fire ) Regular City Council Meeting November 6, 2002 "\ Page 2 '--) 23. Consider Amendment to Comprehensive Plan/Change Commercial to Low Density Residential, Continued - Planning 24. Consider Sketch planlWoodland Creek Golf Course Villas - Planning Staff Items 25. Consider RevisionsfDevelopment Policy Guidelines - Community Development 26. Approve Rural Reserve Sanitary Sewer Analysis/02-22 - Community Development 27. Schedule Neighborhood Meeting/Rural Reserve/02-22 - Planning 28. Accept EDA Commissioner Resignation-Appoint EDA (Voting) Member to Fill Vacancy - Administration 29. Schedule EDA Board Meeting - Administration Mayor/Council Executive Session: Austin Diversified Products- Administration Adjournment \ ) . , '. J (J) '\ ) CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755.8923. WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administratof' FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: November 6, 2002 INTRODUCTION The following minutes have been provided by TimeSaver Secretarial for approval by the City Council: October 15,2002 Regular Meeting The following minutes have been provided by City Staff for approval by the City Council: October 9, 2002 Special Meeting E-mailed copies of these minutes have been transmitted to Mayor Gamache, Councilmembers Jacobson and Orttel, with hard copies provided to Councilmembers Trude and Knight. Iffor any reason you did not receive the e-mail version, please contact me. ACTION REQUESTED Council is requested to approve the minutes listed above. Respectfully submitted, eLL. {/4 Vicki Volk City Clerk J @ " CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755.5100 FAX (763) 755.8923. WWW.CLANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ Jim Dickinson, Finance Direct~r Todd Haas, Assistant City Engineer FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Approve Release/Cash Escrow/Cambridge Estates, Project #98-09, and Cambridge Estates 2nd Additions, Project #98-33 DATE: November 6,2002 INTRODUCTION The City is requested by Cambridge Capital, Inc. to release the special assessment and feasibility report cash escrows related to the Cambridge Estates, Project #98-09, and Cambridge Estates 2nd Additions, Project #98-33. DISCUSSION The Finance and Engineering Departments have reviewed the request and concur that the release of the special assessment and feasibility report cash escrows related to the Cambridge Estates and Cambridge Estates 2nd Additions is appropriate as all assessments are paid off. The current escrow held with interest earned is $139,403.80. BUDGET IMP ACT The budget is not impacted by this release of escrow. ACTION REOUIRED The Andover City Council is requested to approve the release of cash escrows plus interest ($139,403.80) related to the Cambridge Estates, Project #98-09, and Cambridge Estates 2nd Additions, Project #98-33, to Cambridge Capital, Inc. Respectfully submitted, ~?5~ Lee Brezinka @ , , CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755.8923. WWW.CLANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administrator~ Bill Ottensmann, City Engineer ~ FROM: Todd Haas, Asst. City Engineer SUBJECT: Waive Public Hearing/Adopt Assessment RoIIIOO-18/Andover High School Street & Utility Improvements - Engineering DATE: November 6, 2002 INTRODUCTION This item is in regards to waiving the public hearing and adopting the assessment roll for Project 00-18, Andover High School Street & Utility Improvements. J DISCUSSION The City Council at the October 15, 2002 meeting approved a resolution declaring the cost and ordering assessment roll. This item is the last step as required by law to be able to levy the assessment to the property. BUDGET IMP ACT This will be assessed over a ten year period. ACTION REOUIRED The City Council is requested to approve the resolution waiving the public hearing and adopting the assessment roll for Street & Utility Improvements, Project 00-18, Andover High School. Respectfully submitted, ~L~ cc: Tom Durand, Anoka Hennepin School District #11,11299 Hanson Blvd. NW, Coon Rapids, MN 55433 '\ I 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 STREET & UTILITY IMPROVEMENTS PROJECT NO. 00-18. ANDOVER HIGH SCHOOL. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: I 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1st Monday in January, 2003 and shall bear interest at a rate of ~ percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may at any time prior to certification of the assessment to the County Auditor, 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 6th day of November ,2002 I 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 '\ I 00-18 SCHOOL BOARD: .. \ Michael Sullivan, Chair . uf Scott D. Wenzel, Vice Chair Tom Heidemann, Clerk Daniel Cook, Treasurer Denise Dittrich, Director Jerry Newton, Director ft1noka Hr.~~ JI'_~=-=''''.iM''-''~ [::::::1 ennepin Independent School District 11 Dr. Roger Giroux, Superintendent Educational Service Center 11299 Hanson Boulevard NW Coon Rapids, Minnesota 55433 (763) 506.1000 (763) 506.1003 FAX (763) 506-1180 TrY October 21,2002 Rrf'~l\' D r \tv~ :t.l ! O~- -----, L' it; i 2 3 20il/.,t, v_ ~ , .1 C!ILQE7Ti:':;~~::~":", Mr. Scott Erickson, City Engineer City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Scott: I am in receipt of the letter of October 9,2002 written to you by Short Elliott Hendrickson's Todd Blank about the final costs for the improvements associated with the Andover High School Site. The total assessment to the school district would be $1,492,503.36 which is in line with your original estimates for the planned work. We have agreed to the assessment of the school district in this amount to be paid over 10 years as a special assessment to the property and hereby waive the need for a public hearing on this matter. Thank you for all of your help on this matter. Sincerely, ,~ ~ Tom Durand Director of Administrative Services I Partners in educating all learners for a successful future in an ever-changing world. o o o "0 0::0:: w~ > c 0" c E z::l <C " lLlII O~ ~~ - " <> " a. Ul .. 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(V)'CtlOCOl'-COc>>O.....N 0000000............... 0000000000 NNN(\lNNNNNN @ o 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 Administrator~ Bill Ottensmann, City Engine~l~ FROM: Todd Haas, Asst. City Engineer SUBJECT: Accept Feasibility Report/02-41/14381 Osage Street NW/East Yz-Lot 4, Block 1, Parcel 4B, Creekside Estates 2nd Addition/SS & WM - Engineering DATE: November 6, 2002 INTRODUCTION This item is in regards to approving the resolution accepting the feasibility report and waiving public hearing for Project 02-41, 14381 Osage Street NW/East Yz-Lot 4, Block 1, known as o Parcel4B, Creekside Estates 2nd Addition for watermain and sanitary sewer. DISCUSSION If the City Council recalls, a lot split was recently approved for the property in question. Due to the fact that sanitary sewer and watermain services were not provided under the original street and utility improvements under Project 87-28, it will be necessary to dig up the street to provide these services. Note: The services will be installed by the builder with an inspection performed by the City. FEASIBILITY REPORT The proposed assessment is based on 2002 rates and they are as follows: Sanitary Sewer Sanitary Sewer Area Charge (Previously assessed under Project 87-28) $0.00 Connection Charge $331.00 per unit Lateral Charge (Previously assessed under Project 87-28) $0.00 o TOTAL $331.00 Mayorand Council Members November 6, 2002 o Page 2 of2 Watermain Watermain Area Charge (Previously assessed under Project 87-28) $0.00 Connection Charge $1,987.00 Lateral Charge (Previously assessed under Project 87-28) $0.00 TOTAL $1,987.00 The total proposed assessment for sanitary sewer and watermain is $2,318.00 Note: Streets and storm sewer were previously assessed under Project 87-28. BUDGET IMPACT The $2,318.00 would be assessed to 14381 Osage Street NW. o ACTION REQUIRED It is recommended to approve the resolution accepting the feasibility report and waiving the public hearing for Project 02-41, 14381 Osage Street NW/East Yz-Lot 4, Block 1, known as Parcel4B, Creekside Estates 2nd Addition. Respectfully submitted, ~~ o cc: Robert Day, Taylor Made Homes, Inc., 3200 Main St., #310, Coon Rapids, MN 55448 o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 02-41 FOR SANITARY SEWER & WATERMAIN IN THE FOLLOWING AREA OF 14381 OSAGE STREET NW/EAST %-LOT 4. BLOCK 1. KNOWN AS PARCEL 4B. CREEKSIDE ESTATES 2NLJ ADDITION. WHEREAS, the City Council did on the 15TH day of . October ,2002, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility stud~ was prepared by the City EnQineer and presented to the Council on the 6 day of November ,2002; and WHEREAS, the property owners have waived the right to a Public Hearing; and o WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 2.318.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 2,318.00 and waive the Public Hearing. MOTION seconded by Councilmember City Council at a reoular meeting this 6th Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. and adopted by the day of November , 2002 , with CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor o Victoria Volk - City Clerk 02 -III o'TMH o o TAYLOR MADE HOMES, lNe. Phone: (76S) 571>-0083 Fax, (763) 323-9704 Email: TAYLORHMS@AOL.COM 3200 Main Street Suite 310 Coon Rapids, MN 55448 September 26, 2002 Andover City Engineer 1685 Crosstown Blvd NE Andover, MN 55304 Re: Municipal Improvements Osage St. l'f~ 8l O$r..-O'Ea- >~+ W-..J East % _ lot 4, Block 1, Parcel B: Creekside Estate 2nd Addition Dear City Engineer: We do hereby petition for improvements o~rma~tary sew~torm sewer and streets (circle one or more) with the costs of the improvement to be assessed against my benefitting property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 5 year period. If you have any questions, you may reach me at 763-576-0083 or 612-701-6744. OCT 03 2002 13:03 763 323 1111 PAGE. 02 i \ t$ \ I: l'fl" .....,:., - -. '. I. , I_I I ,,191 "'/1'<:" I . __ 6 :: 21 c s--rJ!i6 S 1If1r,16\9 1.tii=L'" 10 1 ~.jiT<f7 '0 iT, ~ ~;);"I ~. . 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'I I , _ _._-' _' ~. ._' _,',,_.'"""--"----"- .:::lllM''''~''''\'yP,,'!'''''''''_'--'_''-'_'''''''''''''''' --.....- .' ANllO'JER ELEMENT""" SCHOel..' / ~. 'J j I, I I I \ I I I I ,\ ---- ~l:P"' ~D~'; I-- i==,... ~~ J Co/Jflfy [)ifch No 57 " RIV .~..-.I""~"'.' .... D , " IT \\ L-- PlAit"''''' M...... , , I , 1 , 0.'- , , 0 , 1 Z. ! , SIAllO IA , GAROEl 3 A"O~~ @ , , '. J CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755.8923. WWW.CLANDOYER.MN.US CC: Mayor and Council Members John Erar, City Administratolf\lYfJ Bill Ottensmann, City Engin~er@ TO: FROM: Todd Haas, Asst. City Engineer SUBJECT: Accept Quit Claim Deeds/98-17/Bunker Lake Boulevard NW - Engineering DATE: November 6, 2002 INTRODUCTION This item is in regards to accepting a deed conveying the subject property to the City of Andover as required in Paragraph E of Article X of the Joint Powers Agreement No. 990513 with Anoka County as part of the reconstruction of Bunker Lake Boulevard NW, Project 98-17. / DISCUSSION The parcel that is being conveyed to the City of Andover is the short section of street located on the north side of Bunker Lake Boulevard NW which provides access to the Meadow Creek Church and Crooked Lake Elementary School. Note: By accepting this parcel, the City of Andover will be responsible for the normal maintenance of the street including seal coating, crack sealing and snowplowing. ACTION REOUIRED The City Council is recommended to accept the deed conveying the subject property to the City of Andover. Respectfully submitted,. ~ QUIT cLAIM DEED Corporation or Partnership to Corporation or Partnership r No delinquent taxes and transfer entered; Certificate of Real ,state Value ( ) filed ( ) not required (:ertificate of Real Estate Value No. J20_ County Auditor By: Deputy (reserved fOT recording data) STATE DEED TAX DUE HEREON: $ Date: ,20_ FOR VALUABLE CONSIDERA nON the Coun of Anoka a olitical subdivision of the State of Minnesota Grantor, hereby conveys and quitclaims to the City of Andover. a municioal corooration under the laws of the State of Minnesota, Grantee, real property in Anoka County, Minnesota, described as follows: Legal Description Attached As Exhibit A together with all hereditaments and appurtenances belonging thereto. Grantor certifies that the Grantor does not know of any wells on the described real property. AffIX Deed Tax Stamp Here coUNTY OF ANOKA, A POLmCAL SUBDMSION ~O'~A ~ Dan Erhart Its: Chair County Board of Commissioners By: f:f;tJt!~ Its: County Administrator STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) The foregoing was acknowledged before me this ~ay of ~ ~ "'" ~\l ...., 2002, by Dan Erhart and John "Jav" McLinden, the Chair County Board ofCommissionersJ and County Administrator of the County of Anoka, a political subdivision of the State of Minnesota, on behalf of the County. Notarial Stamp or Seal (or other title or rank) ~).",\~~ \( ,'-A,~\. U Signature of person taking acknowledgment LORELEI Y. BELL Nolary PubliC Minnesota My Commission EKpiresJan, 31.200s SEND TAX STATEMENTS TO: City of Andover 1685 Crasstown Blvd. NW Andover, MN 55304 This Instrument Was Drafted By: Anoka County Attorney's Office Anoka County Government Center 2100 Third Avenue Anok.. Minnesota 55303 , "\ EXHIBIT A A permanent easement for street, utility and trail purposes over, under and across all that part of said Southwest Quarter of the Northwest Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 00 degrees 45 minutes 20 seconds East along the east line of said Southwest Quarter of the Northwest Quarter 60.02 feet to a point on the north line of said south 60.00 feet thereof, said point being the point of beginning of the easement to be described; thence South 89 degrees 37 minutes 35 seconds West along said north line 171.30 feet; thence North 44 degrees 37 minutes 35 seconds East 43.53 feet; thence North 00 degrees 45 minutes 20 seconds East 110.34 feet; thence North 89 degrees 37 minutes 35 seconds East 141.13 feet to said east line of the Southwest Quarter of the Northwest Quarter; thence South 00 degrees 45 minutes 20 seconds West along said east line 141.12 feet to the point of beginning. Also together with a permanent easement for trail purposes over, under and across all that part of the north 11.00 feet of the south 71.00 feet of said east 400.00 feet of the Southwest Quarter of the Northwest Quarter of Section 33 lying northwesterly of the above described street, utility and trail easement. / , J DATE: September 10, 2002 OFFERED BY COMMISSIONER: BOARD OF COUNTY COMMISSIONERS Anoka County, Minnesota RESOLUTION #2002-143 "\ McCauley AUTHORIZING CONVEYANCE OF REAL PROPERTY TO THE CITY OF ANDOVER PROJECT S.A.P. 02-716-04 WHEREAS, the County of Anoka ("County"), as part of Anoka County Highway Project No, SAP. 02-716-04, entered into Joint Powers Agreement No, 990513 with the City of Andover ("City") to reconstruct and improve County StateAid Highway No. 116 (Bunker Lake Blvd,) between County State Aid Highway No, 9 (Round Lake Blvd,) and County State Aid Highway No, 78 (Hanson Blvd,); and, WHEREAS, as part of Anoka County Highway Project No. SAP. 02-716-04, the County of Anoka acquired a permanent easement for street, utility and trail purposes over, under and across all that part of said Southwest Quarter of the Northwest Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the southeast comer of said Southwest Quarter of the Northwest Quarter; thence North 00 degrees 45 minutes 20 seconds East along the east line of said Southwest Quarter of the Northwest Quarter 60.02 feet to a point on the north line of said south 60,00 feet thereof, said point being the point of beginning of the easement to be described; thence South 89 degrees 37 minutes 35 seconds West along said north line 171.30 feet; thence North 44 degrees 37 minutes 35 seconds East 43,53 feet; thence North 00 degrees 45 minutes 20 seconds East 110.34 feet; thence North 89 degrees 37 minutes 35 seconds East 141,13 feet to said east line of the Southwest Quarter of the Northwest Quarter; thence South 00 degrees 45 minutes 20 seconds West along said east line 141,12 feet to the point of beginning, / Also together with a permanent easement for trail purposes over, under and across all that part of the north 11.00 feet of the south 71,00 feet of said east 400.00 feet of the Southwest Quarter of the Northwest Quarter of Section 33 lying northwesterly of the above described street, utility and trail easement ("Easements"); and, WHEREAS, according to said Joint Powers Agreement, upon the completion of the construction, the County was to transfer the Easements to the City: NOW, THEREFORE, BE IT RESOLVED that the Anoka County Board of Commissioners hereby authorizes the chairman of the Anoka County Board of Commissioners and the county administrator to execute the necessary documents to convey said Easements to the City, STATE OF MINNESOTA) YES NO COUNTY OF ANOKA ) SS I, John "Jay" McLInden, County X Administrator, Anoka County, Minnesota, hereby DISTRICT #1 - BERG certify that I have compared the foregoing copy of the resolution of the County Board of said County DISTRICT #2 - LANG X with the original record thereof on file in the Administration Office, Anoka County, Minnesota, as stated in the minutes of the proceedings of said DISTRICT #3 - LANGFELD X Board at a meeting duly held on September 10, 2002, and that the same is a true and correct copy of said original record and of the whole thereof I DISTRICT #4 - KORDIAK X and that said resolution was duly passed by said Beard at said m.aeting. Wilness my hand and seal this 10th day of DISTRICT #5 - MCCAULEY X , September 2002. ) ~fkrJ1(/- J~ DISTRICT #6 - MCCARRON X JOHN "JAY' McLINDEN DISTRICT #7 - ERHART X COUNTY ADMINISTRATOR ~ "- ...~ ~ ~,,~ (;)l~''i """ ~~~ ~ ~~~ ~ ~l ' ~ 1 :...~~ l - ~ (6) (,) ..(&":JI! ;J:lrl1?" (l7lad..w Cru r:. C k",(~.L. <~ ~".o\<:eJ l....u fileMe...w-.rj 'St,.~1 ~ (2) " . . ~ ~ , ." '~ AI rr- HiNY.~~. JI.f:i)')- COUNTY mOLun;: NO OS- __~____~" ." _~~~- - -l,..---------' " : 0/1 " SERVICE i :X i,'~' ,.' 7 ~' I ~ 202 , .,------ '. . W- , t9Q~TL s~~~~_ __________, r---- ~ I ' . ) t @ -,.-- -,.....- j ~I i/ VIll. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods, which occurred prior to such notice of termination. The City shall pay its pro rata share of costs, which the County incurred prior to such notice of termination. IX. SIGNALIZATION POWER The City, shall at their sole expense, install or cause the installation of an adequate electrical power source to the service cabinet for all signal systems, including any necessary extension of power lines. The City shall be the lead agency in this matter. Upon completion of said traffic controls signal installation, the ongoing cost of the electrical power to the signal shall be the sole cost and expense of the City. X. MAINTENANCE \ A. Maintenance ofthe completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), detention basins (including ponds and their outlet structures and grit chambers!collectors) shall be the sole obligation of the City. B. The City shall be responsible to maintain all medians in which there are plantings in a weed free condition from April 15 to November 1 of each year. The underground watering system shall be automatic and shall water the medians two or three times per week between the hours of 1:00 am and 5:00 am. The system shall have an automatic cutout, which will not allow watering when the air temperature is below 400 Fahrenheit. The plantings shall not exceed the top of curb by more than 2' 6" and shall be maintained by the City at or below that height. C. Maintenance of sidewalks, including snow plowing, shall be the sole responsibility of the City. D Maintenance of the bituminous trails shall be the responsibility of the City and Anoka County Parks Department. The City shall draft and enter into an agreement with Anoka County Parks for the same. The City shall provide a copy of this agreement to the County. / E. After construction has been completed at the intersection of County State Aid Highway No. 116 (Bunker Lake Boulevard) and Heather Street, the County shall transfer to the City it's interest in the property: A permanent easement for street, utility and trail purposes over, under and acrosS all that part of said Southwest Quarter of the Northwest Quarter of Section 33 described as follows: - 6- \ \., / '- " ) '- j j commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter; thence North 00 degrees 45 minutes 20 seconds East along the east line of said Southwest Quarter of the Northwest Quarter 60.02 feet to a point on the north line of said south 60.00 feet thereof, said point being the point of beginning of the easement to be described; thence South 89 degrees 37 minutes 35 seconds West along said north line 171.30 feet; thence North 44 degrees 37 minutes 35 seconds East 43.53 feet; thence North 00 degrees 45 minutes 20 seconds East 110.34 feet; thence North 89 degrees 37 minutes 35 seconds East 141.13 feet to said east line of the Southwest Quarter of the Northwest Quarter; thence South 00 degrees 45 minutes 20 seconds West along said east line 141.12 feet to the point of beginning. Containing 0.468 acres, more or less. Also together with a permanent easement for trail purposes over, under and across all that part of the north 11.00 feet of the south 71.00 feet of said east 400.00 feet of the Southwest Quarter of the Northwest Quarter of Section 33 lying northwesterly of the above described street, utility and trail easement. Containing 0.057 acres, more or less. The City shall be responsible for the ongoing maintenance of the north and south leg of said intersection. The City may enter into a separate agreement with Meadow Creek Church and o~ Anoka Hennepin Independent School District No. 11 for the ongoing maintenance of the north leg of said intersection. F. Maintenance of streetlights and cost of electrical power to the streetlights shall be the - sole obligation of the City. G. Maintenance of the completed signal and signal equipment shall be the sole obligation of the County. H. The County shall maintain the traffic signal controller, traffic signal and pedestrian indications, loop detectors and associated wiring of the said traffic control signal at the sole obligation of the County. 1. Painting of the traffic signal shall be the sole obligation of the County. J. Timing of the traffic signal shall be determined by the County. K. Only the County shall have access to the controller cabinet. L. The traffic control signal shall be the property of the County. -7- \ ) . / @ 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 John Erar, City AdministratorWQ Bill Ottensmann, City EngineJ b CC: FROM: Todd Haas, Asst. City Engineer SUBJECT: Accept Petition/02-42/150S _14Sth Lane NW/SS & WM - Engineering DATE: November 6, 2002 INTRODUCTION The City has received a petition from the property owner of l50S - l4Sth Lane NW requesting the improvement of sanitary sewer and watermain (see attached petition), Project 02-42. " DISCUSSION The property was approved as a lot split this past summer by the City Council. The area was originally developed as a one acre rural subdivision with the intent that properties could subdivide if municipal sanitary sewer becomes available. At this point, if the property owner wants to connect to the municipal water system, the watermain would need to be extended to the east from the current location. This would require the street be removed and repaved. City staff . does not recommend that watermain be extended at this point and the property owner install a private well. If and when the street needs to be replaced in the future, it would be recommended that the watermain be extended to the east as a looped system and the benefiting properties be assessed as required for' those properties that were not previously assessed. Currently the system is a dead end system (see attached drawing). BUDGET IMP ACT The cost of the improvement would be assessed to the property owner over a 5 year period. " ACTION REQUIRED The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer only for Project 02-42, in the area of l50S - 14Sth Lane NW. Respectfully submitted, trfL~ / cc: Korneliy Ureke, 7239 - Walk Park Village Drive, St. Louis Park, MN 55426 . I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING' PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN ,PROJECT NO. 02-42, IN THE AREA OF 1508 _1481H LANE NW. WHEREAS, the City Council has received a petition, dated October 16, 2002 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 I 3. The proposed improvement is hereby referred to the City EnQineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember City Council at a reqular meeting this 6th Councilmembers and adopted by the day of November , 2002, with voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk / cP 2-- 4 'Z- \ \ Date 10-(6 - ct~ . .~. "".- c'\ r.,;. j ... '0' - J f r;:. '":~\} '..4. i '1 :,~__~:__ ,___-o'..... ! ,.- I 6 'l:on2 : 1 Oj~; i c G . l -- ",n," , C ; ~--;-:;:- :-~. . , l----... -" 0___ ,-' " '. I Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: We do hereby petition for improvements of watermain, sanitary sewer, storm sewer and streets (circle one or more) with the costs of the improvement to be assessed against my benefitting property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 5 year period. -;? / Sincerely, / , ./}/7 % ' , . /y;, . !J"'-Y/ ,y . ,/ 11/ Prope' ,Owner :i.. D g /1 _' { , u {I' ._. .- A?dresS 10"':6 ~/ \/~ / q ~ I.::vc '1\ & ;< (- City, State, Zip 0 f'i. Ii J1 o{ C V /-: t< Phone (Home) q J;7 C,( 3 2 6 .7 /) .9f' - \ ~o~ " L~( 6/2 Cf 2J .2 i :7-6" '7 Z.3? - Wcd/t. (/ar-r- v'I'JfaJ~ f)( I'Ve. .5f, '-~UI:.s f?,.~~ / ~A/ .5.5~.$c.. . " . I G:\DA T A \ST AFF\RHONDAA\FORMS\PETITION.DOC ~-"":'.I' ".. I. ./\ ;-~5\~D. \ Werre" 1\ ?1~5t~.ZJ! ~,~\. 5' H" : I '.I/~, . ,~ ~ ~D~" ;' I '1 ~lltlO _'\I ' , '~tl v, I ~~ = . ~o..' ," , t- \~ ~ . 3 1:. ;/!.~ ' ,:i~. , _. -- ~ r~ '" ! ~ : d" LlU =-H :...:: -"'= .._, .~ --"" "'- . 'a.a.u<<,. . _ r-. _. - = I I : I " , ./ I I I li.:/2 ~ ~;s " . - ,\ ~ I I I i I ~NlGH)'N6~t.. . - C~Tf:.s: ., RD. I \ ) - ,) I i f-- 1""'-0.... /~ r- u ",,,, . . '~ \ I I II I I I I I - ~ I I I I S~J :s' . GREEN ~ ---- I ",ALDis ~ ;~;~. 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"'...J :o~ I 10 NNI") ~ ~ 0 ~~ rt) ~~ . .,~ a.O =oo~ \; . lit) ,c, b KO_, 1.Lrt) I") .". ..Ja: It)c t ~CJ) ~,pt ~.~~ .~ ~ V S-SHW I E""i:fh'& I:eooJ ~'{\d, /,J.I~1!tt1~/~ L\ltJ ~i<f , ,., A. - ~~~~~~ \ f'o-IO I"-:~ NV 00) 0)00 ~~ . :I:-> ~a::~ 't-P V :5 \~o'b l' N -- ~11I -- OOV I") IOCXlf'o- . No)t\i :...... O'CX)' (1)...., ~ 0)0000 '~n :,\0..."..."....."..... j:I:~> ~~O:~ ............................ ooN <nO criai 00 CD 0: o:t 00 00 lL: 10 ..l\.......;;;:.'''..i'... : 0__" : (1) (f) IJJ . --- \~dl- ::I:~> j:;o:~ : V ;,. ....(fi (\I......".. : .CD : Ocn : OCXl j <nOO . \..''''11''''''''''. : .. ~V ~ I : It) , \ :I: :!: :> :~a:~ @ \ ) 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 Council Members CC: John Erar, City Administrator Nfl1 Bill Ottensmann, City Enginee;~ FROM: Todd Haas, Asst. City Engineer SUBJECT: Reduce Escrow/Developer's Improvements/Cambridge Estates - Engineering DATE: November 6,2002 INTRODUCTION This item is in regards to a request from Cambridge Capital, Inc. to reduce the developer's cash escrow and plat escrow from the developer's improvements for Cambridge Estates. DISCUSSION I Attached is Page 4 from the development contract that the City entered into with the developer. As the developer completes their improvements, the letter of credit can be reduced. All the grading has been completed. The as-built and certification of grading have been submitted to the City by the developer's engineer. Cambridge Estates Amount Available $20,l82.00 Reduce To $0.00 Reduction $0.00 Also since the development is complete, the plat escrow of $3,966.04 plus interest can be returned. ACTION REOUIRED City staff is recommending the City Council release the cash escrow and the plat escrow for Cambridge. Respectfully submitted, ~i~ cc: Julie Carter, Cambridge Capital, Inc., 941 Hillwind Ave. NW, Suite 301, Mpls, MN 55432 1 . , , I / I ('~"''',.,~ 6s+a-le$-. .f~. J" " I. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development. J. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. K. The Developer shall make provision that all gas, telephone and electric utilities shall be installed to serve the development. L. Cost of Developer's Improvements, description and completion dates are as follows: Description of Imorovements 1. Site crading/Seeding/Erosion Control/~d & Diseased Trees 2. Lot Corners 3. Street Lighting 4. Street Sw2epi ng 5. Certification of crading 6. Erosion Control 7. 8. Total Estimated Construction Cost For Developer's Improvements: Estimated Legal, Engineering and Administrative Fee (15%) Total Estimated Cost of Developer Improvements Security Requirement (150%) Estimated Date to be Cost Comoleted 0 June 25, 1999 $9-,008.00 $2, 700.000 June 25, 1999 $2.,000 .00 0 June 25, 1999 $500.00 0 () June 25, 1999 *,000.00 $500;00 0 $ 11,700.00 0 $ ~,7S::;.OO 0 $ 13,155,00 0 $ 2G.182.00 ~ M. Construction of Developer's Improvements: 1. Construction. The construction, installation, materials and 4 d -tlfI~ti ~}frI.~S .... ~/A r ~...bl"1j~/!! l!$fA~$ ZI'l4l A:/:J-f'ilir Cambridge Capital, Inc. 1 941 HillwindAvenue Northeast Suite 301 Minneapolis, MN 55432 Telephone (763) 571-7721 Facsimile (763) 571-7734 September 13,2002 James Dickinson Finance Director City of Andover 1685 Crosstown Boulevard Northwest Andover, MN 55304 RE: Cambridge Capital, Inc, Escrow Balance Dear Mr. Dickinson: Pursuant to our telephone conversation of today, please accept this letter as our formal written request to the City of Andover for the release of all escrow funds with regard to Cambridge Estates and Cambridge Estates Second Addition, Secondly, please provide me with adetailed accounting of what has been charged against each escrow account, including the current balances along with any outstanding issues and charges still remaining, Upon receipt of these items and upon Joel LeVahn's review of each, I will contact Todd Haas to schedule a meeting to finalize the escrow documents. Lastly, please authorize the reduction of the letter of credit currently being held on Cambridge Estates Second Addition. If you should have any questions or concerns regarding these issues, please do not hesitate to contact me, Otherwise, I appreciate your attention to this matter. Very truly yo~ fl. . ' O~L{.~ -d;I A. Carter Cambridge Capital, Inc, / C3 ,. ''\ oj 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 Administrat~ Bill Ottensmann, City Engine&@ FROM: Todd Haas, Asst. City Engineer SUBJECT: Reduce Escrow/Developer's Improvements/Cambridge Estates 2nd Addition - Engineering DATE: November 6, 2002 INTRODUCTION This item is in regards to a request from Cambridge Capital, Inc. to reduce the developer's cash escrow and plat escrow from the developer's improvements for Cambridge Estates 2nd Addition. DISCUSSION Attached is Page 4 from the development contract that the City entered into with the developer. As the developer completes their improvements, the cash escrow can be reduced. All the grading and the setting of lot comers have been completed. The as-built and certification of grading have been submitted to the City by the developer's engineer. Cambridge Estates 2nd Addition Amount Available $19,l50.00 Reduce To $0.00 Reduction $19.150.00 Also since the development is complete, the plat escrow of$6,00S.94 plus interest can be returned. ACTION REOUlRED City staff is recommending the City Council release the cash escrow and the plat escrow for Cambridge Estates 2nd Addition. Respectfully submitted, ~tk-- cc: Julie Carter, Cambridge Capital, Inc., 941 Hillwind Ave. NW, Suite 301, Mpls, MN 55432 .I I ,; I. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development. J. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. K. The Developer shall make provision that all gas, telephone and electric utilities shall be installed to serve the development. L. Cost of Developer's Improvements. description and completion dates are as follows: Description of Imorovements Estimated Date to be Cost Comoleted 1. Site grading/seeding/erosioo cootrol/ ~ (;) teed or di seased trees 2. lot ca1let'S $l;iQro ft.9Jst 31, 1999 ft.9Jst 31, 1999 3. Street lighting 4. Street SlEeping 5. frosioo cootro 1 $4;a& 0 Ai!J,Ist 31, 1999 $5ffi- 0 $500- C> 6. 7. 8. Total Estimated Construction Cost For Developer's Improvements: $ 11,100 0 $ 1,665 0 $ 12,1Qi 0 $ -I9.l5fl l:> Estimated Legal, Engineering and Administrative Fee (15%) Total Estimated Cost of Developer Improvements Security Requirement (150%) M. Construction of Developer's Improvements: 1. Construction. The construction, installation, materials and 4 d -"'n'1~ ~"1...~$ -- h.IIp'" . ~""bl'l'j~ IF.;.t-~$ z.,...,I. A:fJ. f'lll Cambridge Capital, Inc. 941 HillwindAvenue Northeast Suite 301 . Minneapolis, MN 55432 Tidephone (763) 571-7721 Facsimile (763) 571-7734 September 13,2002 James Dickinson Finance Director City of Andover 1685 Crosstown Boulevard Northwest Andover, MN 55304 RE: Cambridge Capital, Inc, Escrow Balance Dear Mr. Dickinson: .' Pursuant to our telephone conversation of today, please accept this letter as our formal written request to the City of Andover for the release of all escrow funds with regard to Cambridge Estates and Cambridge Estates Second Addition. Secondly, please provide me with a detailed accounting of what has been charged against each escrow account, including the current balances along with any outstanding issues and charges still remaining, Upon receipt of these items and upon Joel LeVahn's review of each, I will contact Todd Haas to schedule a meeting to finalize the escrow documents, Lastly, please authorize'the reduction of the letter of credit currently being held on Cambridge Estates Second Addition, If you should have any questions or concerns regarding these issues, please do not hesitate to contact me. Otherwise, I appreciate your attention to this matter. VerytrulY~OQ .~ ~ Cambridge Capital, Inc. : < -. (j3 CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N, W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN,US FROM: Mayor and Councilmembers ~ John Erar, City Administrato Will Neumeister, Community evelopment Director(~ Courtney Bednarz, City Plann'f- TO: CC: SUBJECT: DATE: Consider Amendment to Ordinance lO/Sketch Plan Process -Planning November 6, 2002 INTRODUCTION Staff is proposing to adjust language within Ordinance lO to ensure that plat review is conducted in compliance with State Statute 462.358 Procedure for plan effectuation; subdvision. DISCUSSION State Statute provides requirements for municipalities to follow during the review of plats. These requirements dictate that cities respond to the applicant within ten days of a plat submittal to establish whether a submittal is complete or not. Cities have 60 days to review and act on plat submittals. The review period can be extended by the City to 120 days provided there is some justification for the extension. Only the applicant can extend the review period beyond 120 days. Plats need to be denied if the applicant has not met the requirements and is not willing to extend review beyond 120 days. Ordinance 10 requires a sketch plan to be completed prior to review of a preliminary plat. Sketch plan review consists of staff, Planning Commission and City Council review. This level of review takes a minimum of 45 days, Plat review follows a similar process, although a much more time is spent working with the applicant to ensure compliance with City Ordinances. The current process will not allow plats to be acted upon by the City within the 60 days allowed by state Statute. Given that Cities are not allowed to automatically extend review of applications to 120 days, an adjustment needs to be made. As a result, it is necessary to modify Ordinance lO to ensure that the City's platting process conforms with State Statutes. The City Attomey has suggested a minor adjustment to the Sketch Plan language, to make it permissive rather than mandatory, as shown below: SECTION 6. SKETCH PLAN. Prior to platting any tract ofland, the subdivider shall may prepare a subdivision sketch plan for review by the Andover Review Committee (ARC), Planning and Zoning Commission and the City Council. Such sketch plan will be considered as having been submitted for review and discussion between the subdivider and the Andover Review Committee (ARC), Planning and Zoning Commission and the City Council. No fee shall be required of the subdivider for the submission of a sketch plan. However, review time by the ARC shall be billed towards the project provided the project continues beyond the sketch plan phase to the review of the preliminary plat. (1 ODD, 8-3-99; lOEE,6-6-00) / AND; 6.02 Procedure. The sketch plan shall may be submitted and reviewed in accordance with the following procedures: (10DD, 8-3-99) A. The subdivider shall submit ten (10) copies of the sketch plan to the Community Development Director for review by the Andover Review Committee, The ARC shall review and comment on the sketch plan within ten (15) days of the submittal by the subdivider. (10DD, 8-3-99) (lOFF 7-16-02) B, Upon ARC review and comment, the sketch plan shall be placed on the next available agenda of the Planning and Zoning Commission, but no sooner than ten (10) days after being reviewed by the ARC, (1 ODD, 8-3-99) . Notification shall be sent to adjacent property owners within three hundred fifty feet (350') ten (lO) days prior to the meeting of the Planning and Zoning Commission. Failure to receive such notification shall not invalidate the proceedings. (1 ODD, 8-3-99) / C. Upon Planning and Zoning Commission review and comment, the sketch plan shall be placed on the next available City Council agenda, but no sooner than ten (10) days after being reviewed by the Planning and Zoning Commission, (10DD, 8-3-99) This adjustment makes the sketch plan optional. By doing this, the sketch plan is not considered a requirement of the platting process. This would conceivably allow the platting process to be completed within the 60 days allowed by State Statute, If the sketch plan were to continue to be a requirement, the City's platting process would continue to be out of compliance with State Statute because it is unlikely the process could be completed within 60 days. It is important to note that, with this adjustment, projects may be submitted as preliminary plats without going through the sketch plan process. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed ordinance amendment. The Commission expressed support for ensuring neighborhoods would continue to be informed about proposals before reaching the preliminary plat stage. ACTION REOUESTED Staff requests the Council to approve the proposed ordinance amendment Attachments Proposed Ordinance Amendment Planning Commission Minutes / -z- / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO, 10 AN ORDINANCE ESTABLISHING THE CITY COUNCIL AS THE PLATTING AUTHORITY OF THE CITY, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE SUBDIVISION AND PLATTING OF LAND WITHIN THE CITY, AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES. HEREBY ORDAIN AS FOLLOWS: SECTION 6. SKETCH PLAN. Prior to platting any tract of land, the subdivider shall may prepare a subdivision sketch plan for review by the Andover Review Committee (ARC), Planning and Zoning Commission and the City Council. Such sketch plan will be considered as having been submitted for review and discussion between the subdivider and the Andover Review Committee (ARC), Planning and Zoning Commission and the City Council. No fee shall be required of the subdivider for the submission of a sketch plan, However, review time by the ARC shall be billed towards the project provided the project continues beyond the sketch plan / phase to the review of the preliminary plat. (10DD, 8-3-99; WEE, 6-6-00) 6.01 On the basis of the subdivision sketch plan, the ARC, Planning and Zoning Commission and the City Council will advise the subdivider of the extent to which the plan conforms to the Comprehensive Plan, design standards of this Ordinance and to other Ordinances of the City, County, and State will discuss possible modification necessary to secure approval of the plan. (lODD, 8-3-99; WEE, 6-6-00) 6.02 Procedure. The sketch plan shall may be submitted and reviewed in accordance with the following procedures: (10DD, 8-3-99) A. The subdivider shall submit ten (10) copies of the sketch plan to the . Community Development Director for review by the Andover Review Committee. The ARC shall review and comment on the sketch plan within Fifteen (15) business days of the submittal by the subdivider. (lODD, 8-3-99) (1 OFF, 7-16-2002) B, Upon ARC review and comment, the sketch plan shall be placed on the next available agenda of the Planning and Zoning Commission, but no sooner than ten (10) days after being reviewed by the ARC, (10DD,8-3-99) J C. Notification shall be sent to adjacent property owners within three hundred fifty feet (350') ten (10) days prior to the meeting of the Planning and -1- / Zoning Commission, Failure to receive such notification shall not invalidate the proceedings. (lODD, 8-3-99) D, Upon Planning and Zoning Commission review and comment, the sketch plan shall be placed on the next available City Council agenda, but no sooner than ten (10) days after being reviewed by the Planning and Zoning Commission, (lODD, 8-3-99) Adopted by the City Council of the City of Andover on this _ day of ,2002. CITY OF ANDOVER Michael R. Gamache, Mayor . ATTEST: Vicki V olk, City Clerk / -4~ Regular Andover Planning and Zoning Commission Meeting Minutes - September 24, 2002 Page 9 Mr. arz stated that this item would be before the Council at the October , ouncil meeting. ~ PUBLIC HEARING: CONSIDER AMENDMENT TO ORDINANCE 10, SECTION 6, SKETCH PLAN AND SECTION 7, PRELIMINARY PLAT, TO CONFORM WITH STATE STATUTE REGARDING PROCESSING OF APPLICATIONS. 1 i avor of approving this item with the call ratio item to be brought before the Co for discussion, Mr. Bednarz explained that staffis proposing to adjust language within Ordinance 10 to ensure that plat review is conducted in compliance with State Statute 462.358 Procedure for plan effectuation; subdivision. He noted that State Statute provides requirements for municipalities to follow during the review of plats. These requirements dictate that cities respond to the applicant within ten days of a plat submittal to establish whether a submittal is complete or not. Cities have 60 days to review and act on plat submittals. The review period can be extended by the City to 120 days provided there is some justification for the extension. Only the applicant can extend the review period beyond 120 days. Mr. Bednarz advised that Ordinance lO requires a sketch plan to be completed prior to review of a preliminary plat. Sketch plan review consists of staff, Planning Commission and City Council review. This level of review takes a minimum of 45 days. Plat review follows a similar process, although a much greater amount of time is spent on staff review as the applicant and staff work through the details of the proposal to ensure compliance with City Ordinances. He noted that the current process will not allow plats to be acted upon by the City within the 60 days allowed by state Statute, Given that Cities are not allowed to automatically extend review of applications to 120 days, an adjustment needs to be made, Mr. Bednarz explained that as a result, it is necessary to modify Ordinance 10 to ensure that the City's platting process conforms with State Statutes. The City Attorney has suggested a minor adjustment to the Sketch Plan language, to make it permissive rather than mandatory as noted within the staff report, This would conceivably allow the platting ptocess to be completed within the 60 days allowed by State Statute, 1 -~- Regular Andover Planning and Zoning Commission Meeting Minutes - September 24, 2002 Page 10 Vice Chairperson Daninger asked when sketch plans were added to the City requirements. Mr. Bednarz noted this began in 1999, Vice Chairperson Daninger stated he felt the sketch plan was a useful tool in educating residents of potential developments but understood this had to do with State Statute, Mr. Neumeister stated all developers would still be completing sketch plans to gain feedback from neighbors before they assume the expense of platting a large development. Motion by Falk, seconded by Greenwald, to open the public hearing at 8:32 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. There was no public input. Motion by Larsen, seconded by Greenwald, to close the public hearing at 8:32 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Commissioner Greenwald stated he understands the added expense does not warrant the sketch plan. Motion by Gamache, seconded by Falk, to recommend to the City Council approval of Resolution No. _, amending Ordinance 10, Section 6, Sketch Plan, and Section 7, Preliminary Plat, to conform with State Statutes regarding processing of applications. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Mr, Bednarz stated that this item would be before the Council at the October 15,2002 City Council meeting. Mr. Bednarz up d the Planning Commission on related items. H entioned that a sewer and water study ture urban development beyond t urrent 20/20 MUSA boundary was being conducte d would be ready for . ussion in October or early November. Commissi Greenwald asked for further information on the sports complex. r, Bed mdicated costs are being reviewed and tasks are being broken down at this 1 Ith funding being the main concem, ; -C.- @ J CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,Cl.ANDOVER,MN.US SUBJECT: Mayor and Councilmembers John Erar, City Administrato~ Acknowledge Resignation - City Engineer TO: FROM: DATE: November 6, 2002 INTRODUCTION My office has received a letter of resignation from Scott Erickson, City Engineer with his last effective working day of November 1, 2002. DISCUSSION , / Mr, Erickson has indicated that he has accepted a position with the City of Oshkosh, Wisconsin as Assistant Director of Public Works/City Engineer. Scott has been with the City of Andover since November 21, 1994, and served as the City's first City Engineer. In review of the almost eight years Scott has served the City and residents of this community, his performance record has been one of distinction, accomplishment and leadership to both his peers and subordinates. His many colleagues, co-workers and friends he has made since joining the City of Andover will miss Scott. In addition to serving as City Engineer, Scott was also the unofficial employee social events director organizing golf outings, fishing tournaments and get togethers. Scott's many contributions to the organization in terms of his professionalism, knowledge and friendship will be hard to replace. ACTION REOUlRED Please acknowledge Scott Erickson's resignation as City Engineer and join staff and me in wishing Scott the best in his future endeavors. / @ 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 F. Erar, City Administrator SUBJECT: Provisional Appointment - City Engineer DATE: November 6, 2002 INTRODUCTION As Council was previously informed, City Engineer Scott Erickson has submitted his resignation with the effective date of November 1, 2002, Scott's resignation and departure from the City of Andover is an enormous loss to the City with respect to his leadership, talents and friendship as a highly valued member of the City's management team. DISCUSSION With Scott's departure effective November 1, 2002, the need to bring in a seasoned professional to lead the department during this interim period is critical to maintaining progress on important project deadlines and work plan commitments, As Council is aware of the numerous projects, special planning activities and daily workload issues confronting the department, the appointment of an interim director during the anticipated 60-90 day recruitment process will allow the organization to move forward on many important initiatives that would otherwise remain unattended to during this period, To fill this void and ensure a smooth transition, I have contacted Mr, William (Bill) Ottensmann to serve as interim City Engineer. Prior to his retirement from the City of Coon Rapids as Public Works Director/City Engineer in 1998, Bill served the City of Coon Rapids for 26 years, Prior to that position, Bill served cities in Wisconsin in various senior level positions for 10 years and worked as a Branch Office Manager for a private engineering concern. Given his professional experiences totaling over 36 years, his engineering knowledge and qualifications as well as my own past professional working relationship with Mr. Ottensmann, he is eminently qualified to assist the City of Andover during this transition period and will be a tremendous asset to the City in leading the department forward and assisting my office in the recruitment and selection process of a new City Engineer. As Scott Erickson's last working day with the City will be November 1, 2002, it would be beneficial for Mr. Ottensmann to work with Scott during his last week of employment to gain a better understanding of the many projects and activities currently in progress, Consequently, I have asked Mr. Ottensmann to begin his interim, temporary appointment with the City on Monday, October 28, 2002. Pursuant to City personnel policies, my office has the discretion to make a provisional appointment prior to Council ratification. While the City Attorney has indicated that a provisional, temporary appointment does not necessarily have to be ratified by the City Council, I have chosen to place this item on the November 6, 2002 Council agenda for acknowledgement. BUDGET IMPACT Funding for this position is within authorized budgetary guidelines. ACTION REQUIRED Acknowledge the provisional appointment of Mr. William Ottensmann as Interim City Engineer until a permanent replacement has been ratified by the City Council, R~tted' J9hn F. Erar City Administrator i .; @ , '\ , ) CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW,C1,ANDOVER.MN,US FROM: SUBJECT: Mayor and Council Members John Erar, City Administrato~ Bill Ottensmann, City EngineJe David D. Berkowitz, Civil Engineer III Authorize Contract/Evaluate Roadway Conditions for Pavement Management ProgramffKDA - Engineering TO: CC: DATE: November 6, 2002 INTRODUCTION The City Council is requested to authorize a contract with Toltz, King, Duvall & Anderson (TKDA) to evaluate the roadway conditions throughout the entire City. DISCUSSION The City currently has in place a pavement management system which utilizes a computer ) program to track roadway conditions throughout the City. At this point, all the geometric data has been entered into the program. The next step is to evaluate all the streets in the City and enter that data into the program. TKDA is extensively trained in using the computer program and has experienced personnel for evaluating roadways. A rating system will be set up and City staff will assist TKDA in the evaluation process, City staff will be trained to conduct future roadway evaluations, which must be performed every 3 years. The cost for this work will be based on an hourly rate not to exceed $40,400.00. This road assessment is crucial to have in place by early next year so the information can be used for next year's 2004-2008 CIP and the GASB 34 reporting requirements, which are part of the 2001 Annual Audit and Financial Statement Report. By utilizing this information, the City can plan for future roadway maintenance. needs and meet financial reporting requirements. BUDGET IMPACT The funding for this work will be from the Road & Bridge Fund, ACTION REOUIRED The City Council is requested to authorize a contract with TKDA to evaluate roadway conditions for the Pavement Management Program and GASB 34 reporting, Respectfully submitted, (J~I David D. Berkowitz \ / , TKDA TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER JAFFRA Y PlAZA 444 CEDAR STREET SAINT PAUl, MINNESOTA 55101.2140 PHONE: 6511292.4400 FAX: 6511292-0083 October 21, 2002 Mr. David Berkowitz, P,E, City of Andover 1685 Crosstown Boulevard NW Andover, Minnesota 55304 Re: Revised Proposal for Professional Services Fixed Asset Mana$ement P A VEMENTview Plus Data Collection Dear Mr, Berkowitz: Pursuant to recent discussions with Mr. David Berkowitz of your staff, we propose to provide Professional Services for data collection for CarteGraph's PA VEMENTview@Plus module, / hereinafter called the Project. Our services will be provided in the manner described in this Proposal subject to the terms and conditions set forth in our General Agreement with the City dated January 5, 1988, Hereinafter, the City of Andover is referred to as the OWNER. I. PROJECT DESCRIPTION The OWNER needs to establish a Fixed Asset Management Program for maintenance of its existing road and trail system, The existing system is in need of on-going maintenance and inspection. The on-going maintenance includes, but is not limited to, bituminous crack sealing, overlay, or sealcoating; and removal and replacement of curbing, etc. The on-going inspection includes, but is not limited to, visual or in-depth inspection of pavements, curbs, and gutters, etc, For this purpose, the OWNER has purchased and installed CarteGraph@ Systems, Inc.' s P A VEMENTview@ Plus to track their transportation assets and needs. The OWNER has requested data collection, inspection, and rating of the OWNER'S approximate 859 road segments and 22 miles of trails, utilizing P A VEMENTview@ Plus from TKDA. , / An Equal Opportunity Employer Mr. David Berkowitz City of Andover . I Revised Proposal for Professional Services - P A VEMENTview@ Plus Data Collection October 21, 2002 Page 2 ll. SERVICES TO BE PROVIDED BY TKDA Utilizing CarteGraph@ Systems, Inc.'s Fixed Asset Management software purchased and installed by the OWNER, TKDA will provide the following services: A. Inspection and rating ofthe OWNER'S bituminous roadways and trails including pavement distress and two other rating categories to be selected by the OWNER. B. Train the OWNER'S personnel who will accompany TKDA during part or all of the data collection process, C. Provide assistance in the moving of collected data into the OWNER'S asset management database, D. Periodically review collection process with the OWNER'S staff. E. Attend a post-rating meeting with the OWNER'S staff. ill. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal, Additional Services shall be billable on an Hourly Rate basis as defined in our General Agreement, and such billings shall be over and above any maximum amounts set forth in this Proposal. A. Provide data collection of water, sanitary sewer, storm sewer, and/or sign assets. B. Provide training for CarteGraph@ modules to the OWNER'S personnel so they can begin data entry and asset management. C. Provide setup, or assistance in the setup, of the cost analysis portion of P A VEMENTview@ Plus, D, Provide design services, / Mr. David Berkowitz City of Andover . / Revised Proposal for Professional Services - P A VEMENTview@ Plus Data Collection October 21, 2002 Page 3 IV. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in our General Agreement and as further described or clarified hereinbelow: A. Designate one individual to act as the OWNER'S representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project, B, Provide TKDA with access to the software and site as required to perform services listed in SECTION II above. V. PERIOD OF SERVICE We will start our services promptly upon receipt of your acceptance of this Proposal and complete SECTION II services by March 31, 2003. V1. COMPENSATION Compensation to TKDA for services provided as described in SECTION II of this Proposal shall be on an Hourly Rate basis in accordance with the provisions of Article 3 of the January 5, 1988, Agreement, as amended, for a total amount Not To Exceed $40,400. This Not To Exceed amount includes all travel time and miscellaneous expenses. This amount assumes completion of these Services by the date listed above, Our current Billing Rate Schedule is attached for any additional services, The level of effort required to accomplish SECTION II services can be affected by factors which are beyond our control. Therefore, if it appears at any time that charges for services rendered under SECTION II will exceed $40,400, we agree that we will not perform services or incur costs which will result in billings in excess of such amount until we have been advised by you that additional funds are available and our work can proceed. / Mr. David Berkowitz City of Andover Revised Proposal for Professional Services - P A VEMENTview@ Plus Data Collection October 21, 2002 Page 4 VII. CONTRACTUAL INTENT We thank you for the opportunity to submit this Proposal and are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Andover and the return of a signed copy to us, This Proposal will be open for acceptance for 60 days, unless the provisions herein are changed by us in writing prior to that time, Sincerely, c ~ =~r~ ( / Richard N. Sobiech, P.E. President/CEO Paul T, Hornby, P.E. Project Manager ACCEPTED FOR THE CITY OF ANDOVER, MINNESOTA By Title Date RNS:PTH:kms ATIACHMENT: SCHEDULE 2750-S75 / , '- / TOLTZ, KlNG, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS.ARCHITECTS.PLANNERS ST, PAUL, MINNESOTA JANUARY 1, 2002 SCHEDULE OF BilLING RATES Classification Range of Hourlv Billing Rates* Director, Senior Registered Engineer, Architect, or Planner $ 88.00 to $ 145.00 Engineering or Architectural Specialist il $ 83,00 to $ 121.00 Engineering or Architectural Specialist I $ 55.00 to $ 97.00 Registered Engineer, Architect, Land Surveyor, $ 50.00 to $ 121.00 Planner, or Interior Designer Graduate Engineer, Architect, or Planner $ 41.00 to $ 84.00 Technician III $ 46.00 to $ 62.00 ** Technician n $ 31.00 to $ 51.00 ** Technician I $ 24.00 to $ 40.00 ** In addition to the hourly charges, TKDA shall be reimbursed at cost for the following direct expenses when incurred in the performance of the work: 1. Travel and subsistence. . (Mileage currently at IRS Standard Rate of $0.365 per mile.) 2. Computer services. (Currently at $12.00 per hour of logged-on time,) 3, Outside professional and technical services with costs defined as the amount billed TKDA plus 10%. 4, Identifiable reproduction and reprographic costs. * Rates effective until December 31, 2002, " ** For hours worked over 8 hours per day or 40 hours per week, whichever is greater, individuals will be paid one and one-half times the above rates where required by Local, State and/or Federal Government Wage and Hour Regulations. / Schedule 2750-S75 @ , , CITY OF ANDOVER , J 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.cJ.ANDOVER.MN,US TO: Mayor and Councilmembers CC: John Erar, City Administrator'f1V FROM: Jim Dickinson, Finance Director SUBJECT: 2002 Third Quarter Financial Report DATE: November 6,2002 INTRODUCTION The Andover City Council is requested to review the attached financial reports. DISCUSSION The attached reports represent the status of operational revenues and expenditures through the third quarter of 2002, a maturity summary of the investment portfolio and an indication of past and present rates of return on investments. Also provided is an update on various projects funded by park dedication and trail funds as a follow up to a previous Council request. . BUDGET IMPACT The attached reports show the overal1' operational impact and an update on various projects funded by park dedication and trail funds through the third quarter of 2002. ACTION REOUESTED Informational data provided and no formal action is needed, / / Department GENERAL REVENUE Property Taxes Licenses & Permits Intergovernmental Revenue Charges for Services Fine and Forfeits Miscellaneous Revenue Transfers TOTAL GENERAL REVENUE SPECIAL REVENUE FUNDS Economic Develop, Authority Drainage & Mapping Lower Rum River Forestry TrailfTransportation Septic Disposal Right of Way Management Capital Equipment Reserve ~ealcoating lak Wilt Suppression TOTAL SPECIAL REVENUE ENTERPRISE Water Sewer TOTAL ENTERPRISE INTERNAL SERVICE Central Equipment Risk Management TOTAL INTERNAL SERVICE TOTAL FOR ALL FUNDS 1 CITY OF ANDOVER Budget to Actual Comparison OPERA T10NAL REVENUES 2002 2001 Annual Year % Annual Year % Budget September to Date Received Budget September to Date Received $ 4,271,900 $ - $ 1,975,782 46,25% $ 4,031,155 $ - $ 2,113,473 52.43% 910,640 36,494 462,124 50.75% 872,020 57,370 538,268 61,73% 632,299 29,383 359,542 56,86% 1,083,004 10,477 525,573 48,53% 442,590 132,097 540,087 122,03% 573,260 53,198 443,306 77.33% 78,000 6,619 50,900 65,26% 65,300 5,679 50,926 77.99% 409,500 878 154,543 37.74% 308,000 165 128,355 41,67% 242,422 - 217,437 89,69% 244,067 - - 0,00% 6,987,351 205,471 3,760,414 53,82% 7,176,806 126,890 3,799,901 52,95% 137,378 - 2 0,00% 134,102 - 3,169 2,36% 50,500 8,846 11,930 23,62% 50,500 - 1,424 2,82% 26,084 - 12,212 46,82% 25,959 - 13,473 51.90% 19,750 520 6,142 31,10% 14,775 1,286 6,368 43,10% 23,800 - 3,774 15,86% 91,150 . 229,506 251.79% 700 - (62) -8,82% 1,120 - 96 8,57% 31,775 - 7,491 23,58% 54,200 2,364 38,692 71,39% 260,000 20,153 171,439 65.94% 277,500 1,000 17,021 6,13% 15,000 - 15,365 102.43% - - 4,834 13,475 - 15,000 111,32% 8,600 . 1,750 20,35% 578,462 29,519 243,294 42,06% 657,906 4,650 316,333 48.08% 1,317,514 3,775 606,190 46,01% 1,196,600 5,518 523,520 43,75% 1,226,220 (1,980) 640,240 52,21% 1,144,600 - 589,242 51.48% 2,543,734 1,795 1,246,430 49,00% 2,341,200 5,518 1,112,762 47.53% 437,700 109,000 326,999 74,71% 407,665 - 630 0,15% 12,950 - 9,512 73.45% 30,382 13 1,490 4,90% 450,650 109,000 336,510 74,67% 438,047 13 2,120 0.48% $ 10,560,197 $ 345,785 $ 5,586,648 52.90% $ 10,613,959 $ 137,071 $ 5,231,116 49,29% g:\data'flnance.datI01-02 Revenues.xls Updated: 10/22/2002 . J CITY OF ANDOVER Budget to Actual Comparison OPERA T10NAL EXPENDITURES Completion of nine months would be at 75% of budget Department 2002 2001 Amended Actual Year % Annual Actual Year % Budget September to Date Expended Budget September to Date Expended $ 67,748 $ 3,609 $ 42,175 62.25% $ 74,841 $ 16,202 $ 64,938 86.77% 28,350 1,284 22,189 78.27% 25,000 1,313 19,481 77,92% 129,301 15,485 96,363 74,53% 114,094 7,139 84,699 74,24% 43,860 13,983 15,150 34,54% 11,637 145 1,229 10.56% 122,868 17,733 91,149 74,18% 98,360 6,284 66,195 67,30% 92,001 (40,580) 45,708 49,68% - 4,844 7,130 NA 262,852 28,204 185,330 70,51% 236,395 16,786 167,108 70,69% 11,000 - 8,740 79.46% 11,000 - 9,075 82.50% 102,000 - 98,930 96,99% 84,500 - 92,037 108,92% 133,200 11.740 94,479 70.93% 127,500 14,473 83,492 65.48% 265,770 20,270 174,649 65.71% 248,932 18,529 140,682 56,51% 133,189 10,715 97,092 72. 90% 132,515 11,682 92,858 70,07% 75,376 4,201 53,804 71.38% 73,868 3,601 57,161 77,38% 68,644 3,781 48,925 71,27% 54,289 2,190 46,078 84,87% 294,397 (436) 271,541 92.24% 279,555 4,910 75,554 27,03% 79,423 565 65,659 82,67% 12,485 564 9,406 75,34% 12,933 16 1,015 7.85% 18,909 - 1,727 9,13% 2,335 13 590 25.27% 2,296 42 768 33.44% 33,270 1,075 15,779 47.43% 32,007 3,513 18,082 56.49% 386,007 33,110 266,887 69.14% 368,430 25,578 245,366 66.60% 2,344,524 124,767 1,696,152 72.35% 2,006,613 137,793 1,283,064 63.94% 1,203,496 - 618,283 51.37% 1,106,616 275,754 827,262 74.76% 755,621 60,955 344,746 45,62% 650,809 13,251 194,318 29,86% 409,070 34,103 287,248 70.22% 377,583 28,351 265,308 70,26% 16,654 426 3,867 23.22% 16,496 327 3,533 21.42% 13,780 897 6,348 46,06% 13,680 - 5,979 43.70% 2,398,621 96,380 1,260,491 52.55% 2,165,184 317,683 1,296,400 59,87% 398,090 49,613 316,584 79,53% 1,108,369 52,892 488,796 44,10% 540,674 30,502 299,189 55.34% 501,514 5,675 204,842 40,84% 127,903 5,921 35,202 27,52% 131,074 4,806 40,667 31.03% 36,400 5,532 20,537 56.42% 36,400 2,007 20,504 56,33% 120,157 8,881 95,195 79.23% 130,030 5,583 80,839 62,17% 30,000 1,670 9,520 31.73% 30,000 1,255 9,538 31.79% 141,150 10,824 89,185 63.18% 141,150 11,491 83,790 59,36% 636,322 58,746 450,415 70.78% 605,183 48,266 401,272 66.31% 23,976 817 9,180 38,29% 22,105 388 6,288 28.45% 20,910 884 14,581 69.73% 22,337 862 13,577 60.78% 119,628 14,536 79,468 66.43% 110,295 13,325 74,105 67,19% - 2,195,210 187,926 1,419,056 64,64% 2,838,457 146,550 1,424,217 50,18% 565,233 - 565,233 100.00% - - - 0,00% 38,904 - 35,446 91.11% 166,552 6,963 84,186 50.55% - 604,137 . 600,679 99,43% 166,552 6,963 84,186 50,55% 7,542,492 409,073 4,976,378 65.98% 7,176,806 608,989 4,087,868 56.96% GENERAL FUND Mayor and Council Newsletter City Clerk Elections Administration Human Resources Financial Administration Auditing Assessing Attorney Planning and Zoning Information Systems City Hall Building Fire Station Public Works Building Senior Citizen Center Equipment Building . ;ity Hall Garage Sunshine Park Engineering TOTAL GENERAL GOVERNMENT: Police Protection Fire Protection Protective Inspection Civil Defense Animal Control TOTAL PUBLIC SAFETY: Streets and Hig hways Snow and Ice Removal Storm Sewer Street Lighting Street Signs Traffic Signals Street Lights. Billed Parks and Recreation Tree Preservation Weed Control Recycling TOTAL PUBLIC WORKS: Transfers to Other Funds Other and Unallocated TOTAL OTHER AND UNALLOCATED: GENERAL FUND GRAND TOTAL: g: \data'finance,datlO 1-02 Expenditures.xls Department SPECIAL REVENUE FUNDS Economic Development Drainage and Mapping Lower Rum River Forestly TraillTransportation Septic Disposal Right of Way Management Capital Equipment ReseNe Developer's Sealcoating Oak Wilt Suppression TOTAL SPECIAL REVENUE: ENTERPRISE FUNDS Water Sewer TOTAL ENTERPRISE: INTERNAL SERVICE FUNDS Central Equipment Risk Management TOTAL INTERNAL SERVICE: TOTAL FOR ALL FUNDS ) 2002 2001 Amended Actual Year % Annual Actual Year % Budget September to Date Expended BudQet September to Date Expended 138,728 9,606 86,357 62,25% 134,102 8,767 78,472 58,52% 53,565 225 4,863 9.08% 50,500 238 15,292 30,28% 26,910 1,453 16,449 61,13% 25,959 1,354 14,109 54,35% 22,316 - 17,491 78,38% 17,482 1,468 7,612 43.54% 128,150 8,767 24,956 19.47% 91,150 - 129 0,14% 1,120 - - 0,00% 1,120 - - 0,00% 50,891 2,017 23,332 45,85% 49,127 3,943 22,589 45,98% 1,059,137 34,680 940,621 88,81% 154,067 - 19,672 12.77% - - , - - - 8,600 - 1,397 16.24% 8,600 418 431 5,01% 1,489,417 56,748 1,115,465 74,89% 532,107 16,188 3,360,088 61.91% 1,284,754 91,117 628,291 48,90% 1,154,264 54,406 418,434 36,25% 1,196,462 70,919 678,063 56.67% 1,140,599 55,142 533,441 46.77% 2,481,216 162,036 1,306,354 52.65% 2,294,863 109,547 951,875 41.48% 448,788 41,447 255,748 56,99% 421,095 24,243 284,627 67,59% 21,858 896 13,043 59,67% 30,382 771 24,693 81.27% 470,646 42,343 268,791 57,11% 451,477 25,014 309,320 68.51% $11,983,771 $ 670,201 $ 7,666,988 63.98% $10,455,253 $ 759,739 $ 5,507,367 52.68% g: Idata'finance.datlO 1-02 Expenditures,xls CITY OF ANDOVER Investment Maturities As of September 30, 2002 / 10 years and beyond 13% 3 to 5 years 19% Less than 1 year 48% 5to 10 years 4% 1 to 3 years 16% Investment Total: $ 29,930,364,39 CITY OF ANDOVER Average Rate of Return 8,00% 7,00% 6,00% 5,00% 4.00% 3,00% 2,00% 1,00% 0,00% 1997 'o 1998 1999 2000 2001 Note: The 2002 average rate of return is based upon the estimated annual income the investments should yield, 3.96% 2002 @) , / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administratof FROM: Vicki Volk, City Clerk SUBJECT: Approve Tobacco LicenseINorthgate Liquors DATE: November 6,2002 INTRODUCTION Northgate Liquors has applied for a license to sell tobacco. DISCUSSION Northgate Liquors has completed the application for a tobacco license and the appropriate fee has been paid. ACTION REOUIRED The City Council is requested to approve a tobacco license for Northgate Liquors, 2288 Bunker Lake Boulevard. The license period will be November 10, 2002 through December 31, 2002. Respectfully submitted, ~. iJ..eL Vicki V olk City Clerk " OCT 29 2002 139:35 FR CITY CF ~ 753 75S 8923 TO 7678232 P .la2/03 a:?t:'O..2. ~ city of Andover Ucense To Sell Tobacco at Retail Application Fonn Pursuant to City Ordinance No. 227, all persons requesting to sell tobacco at retail are required to provide the following information. . Full Name /YlICHt1EL rl!o/lJ;rS !/;;N5i3V Address C}, (odd I sr~ /ruE, IV;:; ./((2m LlJiE md.5"S' 3" y' Location of Building ;?OZ ~3 'BWVJ(CI< Lf7}(E BLvD, Name of Business U&'U.C0l.5 PLus ];AJC f).B.1I: IVtrff~l}tj; L.:r&uC/6 Type of Business Conducted at Location C> F,=- 5rrL/r Lt--Cl ~ 1 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. I ;; I fa I () r;2" () ;;Z Date ==================~==~~==--===~======~~==~=======;;== Fee: $75.00 Receipt #: '11 7 7 Y City Council Action: Ucense # APproved Denied ========================================================~== " i OCT-29-2020 THU 113:29AM ID:M.T.H Inc PAGE: 2 @ -" 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(1V FROM: Vicki V olk, City Clerk SUBJECT: Canvass Results/General Election DATE: November 6,2002 INTRODUCTION State law requires that the City Council canvass the returns and declare the results of the election within 7 days after the election, DISCUSSION The election results will be provided to Council at the meeting. ACTION REOUIRED The City Council is requested to adopt the resolution (provided at the meeting) declaring the results of the election. Respectfully submitted, iLL tJrlL- Vicki Volk City Clerk I @ \ J CITY OF ANDOVER 1685 CROSSTOWN BOULEV ARDN,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 Administrator~ Bill Ottensmann, City Engineer@ FROM: David Berkowitz, Civil Engineer III SUBJECT: Hold Public Hearing/Adopt Assessment RollfOO-5A12002 Mill & Overlay/7th Avenue Area - Engineering DATE: November 6,2002 INTRODUCTION The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for the improvement of streets for Project No. 00-5A, 2002 Mill & Overlay/7th Avenue Area. DISCUSSION The 2002 Mill & Overlay/7th Avenue Area project has been completed and the cost for the concrete curb and gutter is being assessed to the benefiting properties in concurrence with the 429 assessment process. The initial estimated assessment for each property (for the concrete curb & gutter) was $1999.30. The final cost for the concrete curb & gutter is $1,924.37 per lot. Attached are the following: . Resolution adopting the assessment roll . Notice sent to property owners and newspaper . List of property owners . Assessment worksheet and detailed calculations BUDGET IMP ACT The City costs will be funded by the Road & Bridge Fund with the balance of the project being funded from assessments to the benefiting properties. '\ / ACTION REOUlRED The City Council is requested to approve the resolution adopting the assessment roll for Project 00-5A, 2002 Mill & Overlay/7th Avenue Area. Respectfully submitted, (J~CJ.~ David Berkowitz 2 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 STREETS, PROJECT NO. 00-5A/2002 MILL & OVERLAY/7TH AVENUE AREA. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: ) 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2003 and shall bear interest at a rate of ..2...- percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Council member City Council at a reQular meeting this 6th Councilmembers voting in favor of the resolution, and Councilmembers and adopted by the day of November, 2002 ,with voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk ) 1685 Crosstown Boulevard N,W,. Andover, Minnesota 55304. (763) 755-5100 Fax (763) 755-8923 . www,cLandover.mn,us October 10, 2002 Re: 2002 Mill & Overlayl7th Avenue Area Assessment/Project 00-5A/Street Construction Dear Property Owner: Enclosed please find the public hearing notice for the proposed assessment for street construction in the 2002 Mill & Overlayl7th Avenue Area. As' you will note, the estimated. assessment was $1,999.30 and the actual assessment amount will be $1,924.37. . If you have any questions, feel free to contact me at (763) 767-5130.. ~/~ Scott B, Erickson, P.E. City Engineer SE:rja Encl. " / \ J CITY OF ANDOVER 1685 Crosstown Boulevard N,W.. Andover, Minnesota 55304. (763) 755-5100 Fax (763) 755-8923 . www.cLandover,mn,us J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO, 00-5A NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard. NW in the City of. Andover, on Wednesdav, November 6. 2002 at 7:00 PM to pass upon the proposed assessment for the improvement of .. street construction in the following described areas: 2002 Mill & Overlayl7th Avenue Area The amount to be specially assessed against your particular lot, or parcel of land is $ 1,924.37 . You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the yearin which such payment is made. The first of the installments to be payable on or before the 1 st Monday in January 2003 . If you decide not to prepay the assessment . before the date given above the assessment shall be payable in equal annual installments extending over a period of 5 years and shall bear interest at the rate of....Q.... percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $ 1,924.37 . Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with .the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayoror Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL ~ ,+~ I)./j;, Victoria Volk - City Clerk / 1685 Crosstown Boulevard N,W.. Andover, Minnesota 55304. (763) 755-5100 Fax (763) 755-8923 . www,cLandover.mn,us . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO, 00~5A . NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Wednesday. November 6. 2002 at 7:00 PM to pass upon the proposed assessment for the improvement of street construction in the following described area: 2002 Mill & Overlay/7th Avenue Area '. / The proposed assessment roll is on file for public inspection at the City Clerk's Office. . The total amount of the proposed assessment is $ 1.924,37, Written or oral objections will be considered at the meeting, No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property ownersas it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk.. BY ORDER OF THE CITY COUNCIL ~()~ Victoria Volk - City Clerk Publication Dates: 10-18-02, 10-25-02 & 11-1-02 (Anoka Union) / MICHAEL MEYER 4488 _145TH LN NW ,'" "IDOVER, MN 55304 " / GORDON & MAXINE ANDERSON 14541 KIOWA ST NW ANDOVER, MN 55304 DENNIS CHRISTPHERSON 14631 KIOWA ST NW ANDOVER, MN 55304 JAMES & LEE ANNE CLAUER 4458 -146TH LN NW ANDOVER, MN 55304 THOMAS & GLORIA SICHLER 4477 _146TH LN NW ANDOVER, MN 55304 , / DARRELL & KATHRYN LARCO 14557 L1PAN ST NW ANDOVER, MN 55304 MARC & BRENDA DOUD 4520 _145TH LN NW ANDOVER, MN 55304 DALE FIFE 4590 _146TH LN NW ANDOVER, MN 55304 DAVID & NANCY MASTOUS 4531 _146TH AVE NW ANDOVER, MN 55304 , ZABETH SPALDING 4550 _146TH AVE NW ANDOVER. MN 55304 BRUCE OLSON 4464 _145TH LN NW ANDOVER, MN 55304 DONALD & JOANNE PETRS 14604 KIOWA ST NW ANDOVER, MN 55304 JEROME & YEONG KLIMCZAK 14595 KIOWA ST NW ANDOVER, MN 55304 RICHARD & NANCY SHERVA 4484 -146TH LN NW ANDOVER, MN 55304 DALE & LORELEI KITTELSON 14619 L1PAN ST NW ANDOVER, MN 55304 FD FLEISCHER 4580 -145TH LN NW ANDOVER, MN 55304 JULES HUKEE 4531 - 146TH LN NW ANDOVER, MN 55304 JOHN & CYNTHIA COLLENTINE 4560 _146TH LN NW ANDOVER, MN 55304 ROBERT HAGBERG 4571 _146TH AVE NW ANDOVER, MN 55304 RICHARD MARTIN 14580 MAKAH ST NW ANDOVER. MN 55304 ANDREW & OLGA KRINITSYN 4440 _145TH LN NW ANDOVER, MN 55304 SCOTT & YOLANDA PEARSON 14661 KIOWA ST NW ANDOVER, MN 55304 DAVID & RENEE GOMEZ 14532 7TH AVE NW ANDOVER, MN 55304 F GOULD & J YOUNGREN 4447 - 146TH LN NW ANDOVER, MN 55304 JOHN & ELEANOR HASTINGS 14589 L1PAN ST NW ANDOVER, MN 55304 KEVIN & DEBRA COREY 4530 _145TH LN NW ANDOVER, MN 55304 CURTIS & NAIDA STOLTZ 4571 _146TH LN NW ANDOVER, MN 55304 ROBERT & ALICE CRANNEY 4530 _146TH LN NW ANDOVER, MN 55304 KIM & CECELlA JENSEN 4530-146TH AVE NW ANDOVER, MN 55304 JAMES & LYNNETTE BRIDVIG 14550 MAKAH ST NW ANDOVER. MN 55304 MARK & SHELLEY BOWEN 14551 MAKAH ST NW ANDOVER, MN 55304 '\ i RICHARD M THAISEN & M BAGEANT 4761 - 147TH LN NW ANDOVER, MN 55304 JAMES & SANDRA JOHNSON 4701- 147TH LN NW ANDOVER, MN 55304 DONALD & CAROL KROPP 4774 _147TH LN NW ANDOVER, MN 55304 RONALD & JONI BARG 4710 _147TH LN NW ANDOVER, MN 55304 'L.AVIDLEE . 4630 - 147TH LN NW ANDOVER, MN 55304 TERANCE & LORI RICHARDSON 4530 _147TH LN NW ANDOVER, MN 55304 MARK & VIKKI BENKOFSKE . 4420 _147TH LN NW . ANDOVER, MN 55304 KENNETH & JOY BREWER 4561 _147TH LN NW ANDOVER, MN 55304 ~ME f[4~'AW~~ EA L L ANDOVER. MN 55304 ROBERT JENSEN 14554 L1PAN ST NW ANDOVER, MN 55304 STEVEN & LINDA GALE 4751 _147TH LN NW ANDOVER, MN 55304 THOMAS & FRANCES HORTON 4780 - 147TH LN NW ANDOVER, MN 55304 THOMAS & MERIL YN CARLSON 4770 _147TH LN NW ANDOVER, MN 55304 DENNIS SEELEN 4680 _147TH LN NW ANDOVER, MN 55304 DOROTHY SWANSON 4590 - 147TH LN NW ANDOVER, MN 55304 ROBIN & GERI WELLEMS 4490 - 147TH LN NW ANDOVER, MN 55304 DENNIS & SUSAN VAN HORN 4421 - 147TH LN NW ANDOVER, MN 55304 DAVID & JANEL SIMMONS 14760 KIOWA ST NW ANDOVER, MN 55304 ELROY & JOAN ANGEN 4560 _148TH AVE NW ANDOVER. MN 55304 STEVEN & MARY BLAIR 4790 - 147TH LN NW ANDOVER, MN 55304 ROBERT HUGHS 4741 -147TH LN NW ANDOVER, MN 55304 CLIFFORD NELSON 4778 - 147TH LN NW ANDOVER, MN 55304 JOHN & MARY GROM 4740 -147TH LN NW ANDOVER, MN 55394 KENNETH & PAMELA LUSSKY 4650 _147TH LN NW ANDOVER, MN 55304 RICHARD & PATRICIA HORNER 4560 _147TH LN NW ANDOVER, MN 55304 BRADLEY ANDSERSON 4450 _147TH LN NW ANDOVER, MN 55304 RICHARD HEDQUIST 4491 - 147TH LN NW ANDOVER, MN 55304 TODD & ZELMA BAIERL 4490 _148TH AVE NW ANDOVER, MN 55304 ROSE VOKA TY 4487 _148TH AVE NW ANDOVER. MN 55304 RICHARD & KARl JORDAN 4507 - 14STH AVE NW ANDOVER, MN 55304 , \ ~ - .,' RICHARD & BARBARA SCHWEIGER 14790 MAKAH ST NW ANDOVER, MN 55304 JOHN HENNEN 14881 MAKAH ST NW ANDOVER, MN 55304 DANIEL & JANET WIEBERDINK 4541 -148TH LN NW ANDOVER, MN 55304 DANIEL & LORI PHIPPS 4431 - 148TH LN NW ANDOVER, MN 55304 \. .' DONALD FUCHS 14761 ONEIDA ST NW ANDOVER, MN 55304 HOWARD & CORALIE BELL 4531 - 147TH LN NW ANDOVER, MN 55304 '. I G:\DA TA\ST AFF\RHONDAA\LABELS\OO-5,doc WAYNE & JANET BElCH 14761 MAKAH ST NW ANDOVER, MN 55304 ST ANDFORD NELSON 14840 MAKAH ST NW ANDOVER, MN 55304 GARY LARSON 14841 MAKAH ST NW ANDOVER, MN 55304 MARK & KARl MIRANOWSKI 4511 _148TH LN NW ANDOVER, MN 55304 CYRIL & THELMA DEHN 4510 - 14STH LN NW ANDOVER, MN 55304 PATRICIA POTTER 14760 ONEIDA ST NW ANDOVER, MN 55304 RONALD & BARBARA ALTO 14832 7TH AVE NW ANDOVER, MN 55304 ROGER OLSON 14760 MAKAH ST NW ANDOVER, MN 55304 MARK & NANCY WINHOL TZ 14860 MAKAH ST NW ANDOVER, MN 55304 PATRICK SPARTZ 14875 MAKAH ST NW ANDOVER, MN 55304 THOMAS & LINDA MILLS 4471 - 148TH LN NW ANDOVER, MN 55304 LEIGH & MICHELLE ERICKSON 4480 _148TH LN NW ANDOVER, MN 55304 GREGORY MESSNER 14755 ONEIDA ST NW ANDOVER, MN 55304 ANDOVER SPECIAL ASSESSMENTS - FEASIBILITY STUDY (Supplemental): Date Julv 2001 CONTRACT AWARD: Date Mav 21. 2002 FINAL CONTRACT COST PROJECT NO.: 00-5A Amount $567.992,03 Amount $476,076,56 '. , ,PROJECT NAME: 2002 Mill & Overlavl7th Avenue Area ) $438,375,28 Engineering: Administration (3%) Assessing (1%) Invoice Bonding (0.5%) Advertising Testing: $60,670,00 $ 1,820.00 $ 607.00 $ 303,00 $ 609,00 $ 2,404,00 TOTAL EXPENSES (% of Final Contract Cost 15,15) + $ 66,413.00 TOTAL PROJECT COST = $504,788,28 TOTAL TRUNK SOURCE AND STORAGE , City Share: $301,244.12 x 1,1515 (See Table A) I (From the Road & Bridge Fund) - $ 346,882.60 Subtotal: Construction interest for the Assessed portion ($137,131,16) TOTAL TO BE ASSESSED $ 157,905.68 $ 1,817.00 $159,722,68 Current Assessment Per Lot: $159,722,68 = $1,924,37 83 Lots Estimated assessment rate per lot (Resident letter dated July 23, 2001) $1,999.30 J I I -J W 0 0 ~ 0 0 0 CO CO <0 0 I!) 0 0 0 0 0 0 0 0 I"- 0 CO ~ 0 0 0 0 0 0 0 0> .... 0 C') C') 0 0 0 I!) 0 0 I!) 0 C') 0 N ii: ei I!) 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ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,C1.ANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City Administrator1~ Jim Dickinson, Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Public Hearing for 2002 Delinquent Utility Service Charges DATE: November 6,2002 INTRODUCTION Section 8 of Ordinance 32, Section 30 of Ordinance 55 and Section 8 of Ordinance 86 provide for the collection by assessment of unpaid sewer, water and street lighting service charges. The assessment procedures directed by state statute 429 is being followed by holding a public hearing to act upon the proposed assessment. DISCUSSION The total delinquent utility service charges were $42,486.00 as of October 10, 2002 when written notification to the property owners and preparation of the preliminary assessment worksheets began. Payments received prior to October 30th have been applied to the delinquent accounts, reducing the delinquent balance to $8,655.24. Delinquent balances as of November 6, 2002 are charged an administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for collection with the 2003 taxes. Therefore, the total assessment for delinquent sewer, water and street light services is $10,645.95. BUDGET IMP ACT This request will assist in reducing outstanding receivables for the City. ACTION REOUIRED The Andover City Council is requested to approve the attached resolution adopting the assessment roll after Council has heard and passed upon all objections for delinquent sewer, water and street lighting service charges. / Mayor and Council Members I November 6, 2002 Page 2 of2 Respectfully submitted, ~7j~ Lee Brezinka 2002 10/31/2002 List of Delinquent Utility Bills To Be Assessed to County Auditor / Amt. Certified Service Address Amount Includina 23% 13476 Martin Street 6,60 8,12 13482 Martin Street 6.60 8.12 13488 Martin Street 25.80 31.73 13494 Martin Street 25.80 31,73 13502 Narcissus Street 28.45 34,99 13526 Narcissus Street 206,63 254,15 13565 Narcissus Street 26.40 32.47 13760 Quinn Street 142.92 175,79 13774 Vale Street 63.99 78.71 13777 Vale Street 166,50 204.80 13785 Zilla Street 68,09 83.75 13816 Quay Street 40.83 50.22 13909 Raven Street 60,09 73.91 13942 Ivywood Street 69.41 85.37 1401137th Lane 121.11 148.97 14028 Aztec Street 666.61 819.93 14030 Underclift Street 40.75 50,12 14041 Crosstown Blvd 23.76 29,22 14149 Orchid Street 329,31 405.05 142 138th Avenue 25.83 31.77 14229 Rose Street 95,59 117.58 14289 Thrush Street 133,38 164.06 14351 Crosstown Blvd 304,27 374.25 14446 Kerry Street 64.39 79.20 14661 Grouse Street 94.43 116.15 14761 Grouse Street 31,77 39,08 1541146th Lane 159.84 196,60 15424 Linnet Street 112.89 138.85 15522 Bluebird Street 17,07 21.00 . 15686 Yellow Pine Street 51.48 63,32 15776 Drake Street 30.04 36.95 15911 Swallow Street 26.40 32.47 1595 150th Lane 275,39 338.73 16177 Narcissus Street 46.44 57,12 1680 147th Lane 15.47 19.03 1783 155th Avenue 30.58 37.61 1809 135th Avenue 6.20 7.63 1812 135th Avenue 14.87 18,29 1819 135th Avenue 6,00 7.38 1822 135th Avenue 13.27 16.32 1829 135th Avenue 25,80 31,73 1839 135th Avenue 25,80 31,73 1849 135th Avenue 25,80 31,73 1859 135th Avenue 25.80 31.73 1862 135th Avenue 19.80 24,35 1869 135th Avenue 25,80 31,73 1872 135th Avenue 19,80 24.35 1 1879 135th Avenue 25.80 31.73 1882 135th Avenue 19.80 24,35 1889 135th Avenue 25,80 31,73 Page 1 2002 10/31/2002 List of Delinquent Utility Bills To Be Assessed to County Auditor , / Amt. Certified Service Address Amount Includina 23% 1892 135th Avenue 19.80 24.35 1899 135th Avenue 25,80 31,73 1902 135th Avenue 19.80 24,35 1909 135th Avenue 25.80 31.73 1912 135th Avenue 19,80 24,35 1919 135th Avenue 25,80 31,73 1922 135th Avenue 19.80 24,35 1929 135th Avenue 71.24 87.63 1932 135th Avenue 25,80 31.73 1939 135th Avenue 22,53 27,71 1942 135th Avenue 25,80 31.73 1949 135th Avenue 19.80 24.35 1952 135th Avenue 39,66 48.78 1959 135th Avenue 19,80 24.35 1962 135th Avenue 8,23 10.12 1964 153rd Lane 75.96 93.43 1969 135th Avenue 25,80 31.73 1979 135th Avenue 25,80 31,73 2111 140th Lane 203,60 250.43 2118140th Lane 257.46 316.68 2258 137th Lane 22,80 28.04 2326 141 st Lane 34,17 42.03 / 2556 138th Avenue 184,00 226,32 2569 168th Lane 46.44 57.12 2591 135th Lane 68.43 84,17 2601138th Avenue 126.61 155,73 2709 140th Avenue 66.96 82.36 2720 138th Avenue 273.21 336.05 2762 168th Lane 46.44 57,12 2859 135th Avenue 57.63 70.88 2955 139th Avenue 26.40 32.47 3146 136th Avenue 39.79 48,94 3458 142nd Avenue 38.42 47,26 3478 138th Court 80.55 99,08 3503 140th Lane 274.03 337,06 3559 144th Avenue 148.13 182,20 3605 143rd Avenue 402,50 495,08 3629 168th Lane 58,05 71.40 3693 139th Avenue 53.86 66.25 3723 140th Avenue 17,50 21.53 4114146th Avenue 70.47 86.68 445 137th Lane 88,28 108.58 5260 172nd Avenue 33.77 41.54 543 140th Avenue 1,234,53 1,518.47 635 139th Lane 59,56 73.26 668 142nd Lane 23.61 29.04 732 140th Lane 63.39 77.97 J 981 140th Lane 122,38 150,53 TOTALS 8,655.24 10,645.95 Page 2 ,. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " RES. NO. A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER AND/OR STREET LIGHTING SERVICE CHARGES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water and/or street lighting service charges. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. , / 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 2003 and shall bear interest at the rate of 8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to Connexus Energy, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution. Motion by Council member , seconded by Council member and adopted by the City Council of the City of Andover on this 6th day of November, 2002. CITY OF ANDOVER ATTEST: Victoria Volk - City Clerk Michael R. Gamache, Mayor ) @ , .J CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN,US DATE: Mayor and Council Members John Erar, City Administrator41t-- Bill Ottensmann, City Enginei~ (vf'~ David D. Berkowitz, Civil Engineer III Authorize Contract/Water System Risk AssessmentlElert & Associates - Engineering November 6, 2002 TO: CC: FROM: SUBJECT: INTRODUCTION The City Council is requested to authorize a contract with Elert & Associates to conduct a Vulnerability Assessment (V A) on the entire water system which includes the water treatment plant, water towers, wells and pumping stations. This V A is a required mandate from the Environmental Protection Agency and must be completed by June 2004. . I DISCUSSION The requirement from the Environmental Protection Agency (EPA) states that to successfully complete the Vulnerability Assessment (Phase 1 task) the Sandia National Laboratories Risk Assessment Methodology for Water Systems must be used. Elert & Associates is highly trained in this methodology and has worked for many government agencies (see attached reference list). The phase 1 process will include data collection, both by site visits and plan review, an on-site review/assessment and the vulnerability report. The report will include security recommendations that the City should put in place to make sure our water system is secure according to the Sandia National Laboratory Methodology. The cost of the work will be based on an hourly rate with a total cost not to exceed $19,625.00 plus expenses. Following the VA a phase 2 task is required by the EPA to be in place by the end of 2004. The phase 2 task is an Emergency Operations PlanlEmergency Response Plan (EOPIERP). This process will include updating the emergency response plan, The cost for the EOPIERP is also based on an hourly rate with a total cost not to exceed $12,750.00 plus expenses, We can determine at a later date if this is something we could do in house or contract out. Following the EOPIERP a phase 3 task will need to be completed. The phase 3 task is a Security Enhancement Planning and Design. This process would include planning and designing the recommended changes proposed from the VA report. The cost for phase 3 is based on an hourly rate with a total not to exceed $l7,500.00 plus expenses. This also can be determined at a later date if we would like Elert & Associates to do this work or another consultant. Mayor and Council Members . J November 6, 2002 Page 2 of2 BUDGET IMP ACT The funding for this work will be from bond proceeds issued for the Water Treatment Plant. ACTION REOUIRED The City Council is requested to authorize a contract with Elert & Associates for the Water System Vulnerability Assessment. Respectfully submitted, GJ~Q~ David D. 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(763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN,US TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Receive Resident Request - Marystone Boulevard Improvement DATE: November 6, 2002 INTRODUCTION On October 15, 2002, Mr. James Neilson addressed the City Council regarding the issue of whether their neighborhood could privately improve Marystone Boulevard by means other than through the normal City public improvement process, Mr. Neilson indicated that the neighborhood, save one property owner, had all agreed to privately underwrite the cost of the road improvement, The Council, in response, requested that staff investigate the possibility of allowing this type of improvement and report back to Council at the November 6, 2002 Council meeting, / DISCUSSION Staff has investigated Mr. Neilson's request, and thorougWy reviewed the public policy complexities and related operational issues associated with a private neighborhood effort to improve a public street section. Council may recall that Mr. Neilson, speaking on behalf of the neighborhood, did not want to take private ownership <,>f the road given the long-term maintenance and financial responsibilities. Consequently, that particular element is omitted from this staff report given Mr. Nielson's resistance to the City vacating the street and turning it over to the neighborhood through a private association. Notwithstanding, City policies require private developments to be serviced by public street accesses and private roads to conform to City specifications. Accordingly, staffs understanding of Mr. Neilson's request is that the neighborhood be allowed to improve the road in a manner and to a degree, which falls below minimum City street specifications and standards. According to information presented by Mr. Nielson, he is proposing the following . that the road be improved to a width of between 16 to 18 feet . that the road be improved without storm sewers, and no curb or gutter . that the road, once improved, remain the responsibility of the City in terms of maintenance, repair and public liability as is the case with all public roadways, . that the roadway not be assessed under State Statute 429, as all, but one property owner, is willing to pay for the cost of the improvement voluntarily In consideration of Mr. Neilson's request, the following issues should by addressed by Council: . The Council's long-standing policy that all City street improvements conform to approved City standards and specifications would be violated. City street improvements are typically overseen by 1 " / 1 Mayor and Council Marystone Boulevard Improvements Page 2 of 3 the City Engineering Department and must meet approved City street specifications. Scott Erickson has indicated that a rural road section may be constructed without storm sewers, curb and gutters, as long as ditches exist in the right-of-way to hold and convey storm water. Mr. Erickson has indicated that this road section does not possess adequate storm water ditching in its current state to sufficiently contain storm water runoff. In addition, City standards for a rural road section require a minimum width of 24 feet. . The City Attorney has raised a number oflegal concerns with respect to allowing the private improvement of a public roadway with substandard design features (see attachment). Of significant concern, the City Attorney has also indicated that Council members may not have "discretionary immunity" in a situation where legislative action results in a clear violation of City policies affecting the design and construction of a public street improvement in terms of public safety and general welfare of abutting properties i.e, flooding. In this particular case, the City Attorney has indicated that approving a substandard design for the improvement of an existing gravel road could result in personal liability claims for individual Council members if it was shown that the claim was directly or indirectly caused by improper road design features. . Allowing a substandard street design would set a precedent thereby weakening City development requirements in the future. Staffs ability to uphold municipal standards would be negatively affected when dealing with private developers or other neighborhood groups in similar situations, who would ,vish to be treated in a similar manner and offer comparable arguments of uniqueness and exception to City standards. . A roadway width of less than 20 feet in width would also violate the State Fire Code that calls for a minimum of 20 feet on improved road surfaces, The Chief has also indicated that many of the trees along Marystone Boulevard are in violation of the Fire Code that calls for a vertical clearance height of 13' 6" for all fire access roads. . Without adequate improvements for storm water, the City would potentially be liable for any storm sewer problems such as flooding that might occur to adjacent properties due to the substandard design of the street section. . By allowing a City street improvement to be constructed in a substandard manner, the City may also face greater legal liability for any vehicle or pedestrian accident(s) that occur due to causes that may be attributed to substandard road design issues, . Finally, the City would have future financial responsibility for any maintenance issues arising out of the substandard design and installation. As City street standards are implemented to minimize future maintenance and repair costs, the City would be more vulnerable to claims for damage caused by City maintenance operations that typically would not be a concern under normal design circumstances, TIlls staff report attempts to raise issues the Council needs to consider in deciding the request by Mr. Nielson, In addition, City staff attempted to solicit information from other cities in the metropolitan area but was unable to find other cities that have allowed this type of policy deviation from their standard City improvement policies. Notwithstanding these considerable issues, if the Council wishes to allow Mr. Nielson and the neighborhood to proceed with these improvements, staff would suggest that the following conditions be imposed on this improvement. / 1) A set of plans and specifications be developed by a registered engineer regarding the proposed improvement. / Mayor and Council Marystone Boulevard Improvements Page 3 of3 2) The plans and specifications should be reviewed by City engineering staff to insure they conform with City standards, While the improvements proposed by Mr, Nielson are substandard, a record should be established for purposes of documenting the legislative variances approved by Council to established City standards. 3) The City would provide inspection services during the construction process, 4) Materials testing would need to be provided by an independent materials testing company to ensure the product is consistent with approved material standards, 5) A bond or security escrow would need to be collected to insure proper construction and payment to the contractor, Proper lien releases would need to be provided. 6) An escrow should be provided by the neighborhood for reimbursement of staff time for the improvement process similar to the installation of streets by private developers. 7) All affected property owners should agree to indemnify and hold harmless the City, its agents, and employees in the event of any accidents, flooding or other maintenance problems attributed to the substandard design of the street. Further, affected property owners should agree to a general waiver for any claims or issues arising from the substandard design of the street section. (Ibis would not preclude any party from litigating against the City, as this roadway is essentially under the control of the City,) 8) That any damage to the street caused by City vehicles or emergency vehicles using the street and attributed to substandard design issues be waived by the affected property owners. ACTION REQUESTED Consider the request by Mr, Nielson and determine the appropriateness of granting the request in light of the information presented in this staff report. Should Council agree to Mr. Nielson's request, staff would respectfully recommend that Council identify which, if any, of the specific conditions listed above would be imposed on this project. Attachments Cc: Mr, James Neilson, 4949 Marystone Boulevard, Andover, MN 55304 Marystone Boulevard Residents of Record / . / Page 1 of 1 John Erar \ From: HawkLaw1@aol.com Sent: Wednesday, October 30,200210:49 AM To: JErar@cLandover,mn.us Subject: Marystone Boulevard John, The following are the legal issues I see regarding allowing a private contractor to make improvements to Marystone Boulevard, 1, Is the current street condition designed so it is reasonably safe for travel by the public? This easement was acquired by the city as a result of our maintenance over a period of at least six years, We only have as easement over that portion that we have actively used during this period of time, To my knowledge no engineering studies have been performed to determine if the design is safe, It seems illogical to make improvements to city streets which do not meet our street standards without making this determination, If the addition of bituminous only improves an already dangerous situation, we have further increased our exposure to legal claims, Furthermore if the council approves construction on an improperly designed street, they may be faced personal liability claims, 2, By adding an impervious surface to the roadway are we creating drainage problems for adjacent properties? If so, the city would be responsible for correction of the problems and any damages since we are ultimately responsible for maintenance of the road, This question needs to be answered by the engineers, 3, Since a private contractor would be working within our right of way, we should require that they have adequate insurance to cover any liability claims that may arise from their work, The insurance would have to name the city as an additional insured, This is the same requirement we impose for all city installed improvements, 4, We would need performance and payments bond to insure that all the work gets done within the right of way and that any subcontractors get paid, 5, Warranty, What happens if the road surface deteriorates within the next year? Who is responsible for correcting any defects? Our normal policy requires a letter of credit or escrow to cover any of these costs, I think we should follow this policy, 6, Future street projects, How do we distinguish this projects as an exception from our standards when we try and deny another request by citizens or a developer for the same type of street? If the city council grants this request it must do so based upon clear and definable reasons that should be included in our street standards. / As you can see, allowing a private contractor to install a substandard road surface raises many questions, The concerns I listed above are not unusual and are covered in our development contracts for new subdivisions or our public improvement contracts when the city installs the improvements, Please contact me if you have any further questions, Bill 10/30/2002 Memorandum . j Date: October 22, 2002 To: John Erar, City Administrator From: Dan Winkel, Fire Chief Subject: Marystone Blvd. - Street Reconstruction Project John, I have reviewed the proposed road project on Marystone Blvd. with our Fire Marshal and we have the following comments. 1. The Uniform Fire Code calls for the improved road surface to be a minimum of 20 feet wide. I recall the proposal as an 18 foot roadway with some gravel on the shoulders. It is our recommendation that the blacktop surface be at least twenty (20) feet wide for the entire length of the project. It would be acceptable to have 18 feet of blacktop with a foot of gravel on both sides as long as the gravel is at least 4 to 6 inches deep and the top of the gravel is level with the blacktop surface. .I 2. The Fire Code also requires a vertical clearance of 13'6" for all fire access roads. Our recommendation is to make sure that the minimum clearance is met for the entire roadway, including the cal-de-sac area. In our review we saw a number of trees that need to be trimmed back in order for our trucks to get in and out without damage to the trucks due to tree branches. The vertical clearance should be measured at the edge of the road and on both sides of the road. If you have questions about these items please feel free to contact Robbie or me, j @ . / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CLANDOVER,MN,US FROM: Mayor and Councilmembers John Erar, City Administrato~ Will Neumeister, Community'Development Director HI/J-'- Courtney Bednarz, City Plannel$ TO: CC: SUBJECT: , Consider Lot Split! 16030 Makah Street NW-Planning DATE: November 6, 2002 INTRODUCTION This item continues the discussion of this lot split request from the October 15th City Council Meeting. Additional information and a table are provided to illustrate how properties within Registered Land Survey 72 have been subdivided over time. / DISCUSSION The property owner is seeking approval of a proposal to divide the subject property into two rural residential lots with a variance to the 300 foot minimum lot width for one of the lots. Both lots would meet all of the other City ordinance requirements. Planning Commission Recommendation The Planning Commission unanimously recommended denial of the proposed lot split citing that findings had not been demonstrated for the proposed variance. Staff Recommendation Staff concurs with the recommendation of the Planning Commission. Additionally, the history of Registered Land Survey 72 provided illustrates that variances to the minimum lot width have not been approved in this neighborhood in the past to accommodate lot splits. Attached Table Illustrating History of Lot Splits Along Makah Street NW As the table indicates, variances to the minimum lot width requirement have not been granted in the past in this neighborhood. To deny the lot split request based on lack of lot width would be consistent with past actions, It is important to note that a road easement exists for Makah Street NW. A road easement is different from right-of-way in that the easement sits upon privately owned property. Road easements do not reduce the size of the underlying property and do not convey ownership to the City, / The road easement has affected seven of the recorded lot splits within Registered Land Survey 72. The lot sizes excluding road easements are shown in bold in the attached table. File #92-01 was approved with all four lots below 2.5 acres, but as the table indicates, the deeds recorded . / with Anoka County reduced the number of lots below 2.5 acres from four to one and reduced the number of lots created from four to three. The road easement has been handled differently over the last twelve years. Variances were granted for two of the lots (90-01 and 90-02). No variances to lot area have been granted in this neighborhood since that time, which is appropriate. Again, road easements do not reduce the size of the property and should not be deducted when determining lot area. File #99-04 is even more complicated. The minutes of the Council discussion and a graphic are attached to illustrate. To summarize, A 60 foot by l20 foot road easement was taken to provide access to the west parcel. It was determined that there may be an additional 60 foot by 120 foot easement on the property to the north to complete the standard area needed for a typical cul-de- sac as a part of a future lot split. In the long term this would allow two cul-de-sac lots to be created in compliance with the 160 foot lot width requirement for cul-de-sac lots. In the short term the new lot would not meet this requirement. A 'hammerhead' turnaround already exists and it was determined that a cul-de-sac need not be constructed at the time ofthe lot split. Additionally, the survey omitted the road easement from the description and located the new property line such to create two properties below 2.5 acres (2.36 each). If the road easement had been included in the description as it should have been, the lots would have been at 2.498 acres each. No variances to lot area were discussed as a part of the lot split even though the lots were both below 2.5 acres in either scenario. Background information for Tabk Some background information is necessary to help interpret the attached table. Lot area is the total square footage of the property. Lot Width is measured at the front setback line (40 feet in the R-l district or 50 feet along County roads). Lot Depth is the average of three measurements; one along each side property line and one through the center of the property. As a result the lot area will not always result from the simple multiplication oflot width and lot depth. All of the files described in the attached table will be available for further review at the meeting ifthere are specific questions not covered in the table. Conformance with Local Ordinances The following table compares the proposal with the regulations for the R-l Single Family Rural Zoning District (please keep in mind that the dimensions are approximate due to the fact that a survey has not been completed): Proposed Lots R-l Lot with New Lot Requirements House Lot Width 300 feet 2451 300 Lot Depth 150 feet 540 620 Lot Area 2.5 acres 2,5 acres 2.5 acres 1 Variance to Ordinance 8, Section 6.02 needed. 2 As reflected in the table above, it is the applicant's intent to create a new lot that meets all of the City's requirements. The variance to the minimum lot width would be for the lot with the existing house, Fortunately, the house is located to accommodate this situation. An attached drawing approximates the proposed lot split. The property owner is requesting that the lot split be approved prior to a survey being completed due to the expense and uncertainty of whether the lot split will be approved. Staff has asked the applicant to discuss with his neighbors the potential for additional land to be acquired to allow a lot split without variances. The neighbors are not interested in selling a portion of their property. Variances Ordinance No.1 0, Section 17 provides procedure for reviewing variance requests. As a part of reviewing this request, undue hardship resulting from the topography or other physical conditions must be documented. The applicant has provided a letter (attached) describing findings intended to substantiate the variance to the minimum lot width requirement. Pipeline Easement A natural gas pipeline runs diagonally through the property. A fifty foot wide easement exists over the pipeline (illustrated in attachments). There remains sufficient space to locate a house on the new property that would be created if the lot split is approved. Property History It is important to note that a lot split for the subject property was denied by the City Council on July 15, 1997, Resolution Rl66-97 and the minutes from that meeting are attached. ACTION REOUESTED Staff requests that Council consider the lot split request and determine if the applicant has provided sufficient findings to substantiate the variance. If the Council can make the findings, the City Attorney has recommended the item be tabled and brought back at a future meeting with a resolution of approval. Attachments Table - History of Lot Splits Along Makah Street NW File# 99-04 Council Minutes File #99-04 Graphic Resolution Location Map Applicant's Letter Lot Split Sketch R166-97 July l5, 1997 Council Minutes Letter from Neighbor Planning Commission Minutes (9/24/02) City Council Minutes (10/15/02) 3 , R"e~~~ /~~~ Cc: Johri Moore, l6030 Makah Street NW , / I 4 $ z e o -c Q) 00 I1l .0 Q) N '(jj - .Q o - -C-C Q) I1l C e I1l ~ rnS ~C e Q) I1l E "C (l) I1l 00 > I1l ~ Q) It) Ol 0; o C'l E 00 Q) <D ~..... ~ It)E It) C!! lfl c:i Ol 0 ~ ~~ ~ -. en .r::. ..... I1l C -" a> :!11 E g ~ .Qu <( 00 - 'i5 (f) - o --' .... o ~ - ,!Q ::c ..c: Q a> o ..c: - ..... Q) "C ~ ~ ~ \ ~ ca a> L- <( 00 ~ U I1l It) N Q) ~ <( I1l c.. 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I1l -" I1l ~ It) It) o co .... .... o , N o File:#- eyer - Dt-J (otJNe.,L MI/.Jvrr=:.S Regular Andover City Council Meeting / Minutes - February I. 2000 Page 3 ANOKA COUNTY SHERIFF MONTHLY REPORT Chief Deputy Bruce Andersohn introduced the officers that will serve in the City of Andover for the year 2000, He then introduced his replacement, Captain Larry Klink.. He also reported on the Sheriff's Department activities in the City of Andover for the month of December, 1999. They had 952 calls for service, bringing the yearly total to 10,883. They had 80 calls for service regarding snowmobile issues for the season 1999-2000. Of those calls, 49 were complaints by citizens, They issued 30 citations for snowmobile violations. The Council expressed appreciation for the professionalism Chief Deputy Andersohn has always shown and congratulated him on his promotion. RECEIVE CITY ENGINEERS' ASSOCIATION OF MINNESOTA PROJECT-OF-THE-YEAR AWARD Mr, Erickson announced that the City of Andover received the 1999 Project-of-the Year Award / presented by the City Engineers' Association of Minnesota. The project the City submitted was the clean-up and development of Andover Station. He gave a power point presentation on the project itself and presented a plaque to the City Council, the EDA and the citizens of Andover. Mayor McKelvey accepted the plaque with pride, applauding the efforts of the many people who worked on the project, ~ APPROVE LOT SPLlT/16200 MAKAH STREET NW/GARY AND LANNETTE RESHETAR ~ Mr. Carlberg reviewed the request of Gary and Lannette Reshetar to split the western +/-2.5 acres from a five-acre parcel at 16200 Makah Street NW. The Planning and Zoning Commission is recommending approval, though the discussion focused on a dedication of a 120 x 120-foot roadway easement for a cul-de-sac off the end of 162nd Lane. Although the applicant is not required to dedicate the easement per City ordinance, Staff strongly recommends the dedication to provide a turnaround for public works and emergency equipment. The Commission suggested consideration be given to the amount of land the applicant is dedicating for public purposes in lieu of park dedication fees. However, park dedication fees cannot be waived to offset road easements, The l20 x l20-foot easement is being proposed for ease in describing it. The split would abut a publicly dedicated road without the cul-de-sac easement. The Council was concemed with taking more than what is needed. There are no plans to extend the street in the future, as it is unlikely the area will ever develop into small urban lots; so only enough is needed for a turnaround. Discussion was then on the ability of the parcel to the north to subdivide in the future. If that happens, it was proposed that half of the cul-de-sac easement should come from that parcel. -6.-- Fd,,:e ~qCf -oL{ ~otIN(;,L M/N~tco~~ ,; Regular Andover City Council Meeting Minutes - February 1. 2000 Page 4 (Lot split/16200 Makah Street NW/ Gary & Lannette Reshetar, Continued) Mr. Reshetar's son stated the land is owned by his parents, and the lot split is in case he decides to build a house on the back half of their lot. Because they are also giving $1,400 for park and trail fees, shouldn't the easement for the cul-de-sac be purchased from the owners or find some median between the park fees verses the price of the easement? Mr, Erickson explained the easement being requested is for the standard cul-de-sac that allows the snowplows to do the circle without having to back up. Councilmember Jacobson noted with the cul-de-sac, another lot can be created. He also questioned who will be assessed when the road is put in. / Bill Bush 4613 161 st Lane NW - explained at the time the streets were blacktopped in the area, there were some difficult road cuts. Cul-de-sacs were discussed when the Council came to the site, With the 50-foot easements, it was discussed turnarounds would come 35 feet into the existing lots that have homes on them. He did not have a problem with the lot split, but he did not want to see the cul- de-sac ifit will come back to the west and onto those properties. Potentially cul-de-sacs could be put on the other stub streets as well in the future, Mr, Carlberg stated if the cul-de-sac was built at the end of the road, the property to the north would benefit and may be able to be split. Only two lots are allowed off cul-de-sacs in rural areas. Councilmember Orttel stated with aT-turnaround or with the cul-de-sac, it would go down one side of those homes on the one-acre lots. He didn't think the City wants that. He suggested taking a 60xl20-foot easement, which would give the ability of obtaining the same from the property to the north if that ever splits in the future. Councilmember Knight didn't think the City should be impacting the one-acre lots. Councilmember Jacobson noted only the easement is being taken now to reserve it for the future. Only one person would be assessed for a cul-de-sac. and he didn't know if that was needed since there is access to the street and it is a buildable lot. Attorney Hawkins advised the City has the right to take easements where it thinks is necessary, If the easement isn't needed, it can be vacated in the future. 1. , , .r '*' Mr. Reshetar asked if the cul-de-sac could be put in if the lot split never takes place, Councilmember Orttel stated no, Unless the lot split is completed and recorded, there would be no easement. They have one year to record the lot split. Motion by Jacobson, Seconded by Orttel, the Resolution with the change under the NOW, THEREFORE, BE IT RESOLVED, Section 2, Change to "Acceptance of a 60' x 120' street, drainage and utility easement along the northwest corner of said property adjacent to l62nd Lane NW by the City Council", deleting the language "in lieu of park dedication". Add a provision for park dedication fees per the ordinance. (Resolution R032-00) Motion carried unanimously. 1 ORDER ABA TEMENT FOR FIRE NUISANCE HOUSE Attorney Hawkins explained a public hearing should be held pursuant to statute authorizing the City Council to declare structures to be hazardous and order them to be repaired or removed. The --7- / .- i! ~ ..1l ... Q, n I" -. g~ tJ i~~ ;~ "' 'Oe;~!l.V: ~~i ~s: ~ ~~'" " Ii' ~ ~ag !~ - ;Ol~ ;~ l.. ~ z Ii II ~ " 15'lO Q OZ.'" .., ~ " .~ > , \ a-g I ~. ; . Q, \I' ",.1l If) !t 3 ~ .. f'" 9,.0 m ," m _, c -. "" ., Q, .. 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A RESOLUTION DENYING THE LOT SPLIT REQUEST TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS WITH VARIANCES TO THE MINIMUM LOT WIDTH AND LOT SIZE REQUIREMENTS OF THE SINGLE FAMILY RURAL RESIDENTIAL (R-l) ZONING DISTRICT FOR PROPERTY LOCATED AT l6030 MAKAH STREET NW LEGALLY DESCRIBED AS FOLLOWS: Tract W, Registered Land Survey Number 72, Anoka County, Minnesota WHEREAS, John Moore has requested approval of a lot split to subdivide a rural residential property pursuant to Ordinance No. 40, located at l6030 Makah Street NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No.8 and 40; and WHEREAS, The Planning and Zoning Commission and City Council find that there are not sufficient findings to support variances to the minimum lot width of the Single Family Rural Residential Zoning District (R-l); and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial 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 denies the lot split on said property with the following findings: 1. The lot split would not meet the Minimum District Provisions for Single Family Rural Residential (R-l) lots described in Ordinance 8, Section 6.02. 2, Findings cannot be made to substantiate the variance to the minimum lot width. 3. Approval of the proposed lot split would create a precedent that would conflict with the intent of the Single Family Rural Residential (R-l) Zoning District. Adopted by the City Council of the City of Andover on this _ day of CITY OF ANDOVER , 2002. ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk --1-- Lot Split 16030 Makah Street NW I I 16356 \ 16339 16300 16287 4755 4725 16220 4681 - 4813 16250 4643 16241 4869 1 2Nnl ~ 4756 4726 16200 4680 4644 4614 1600 I~ I~ 1<; \~ 4755 4725 16140 4681 4643 4813 I"' 16134 16191 ---------- '~'CT I ~I ~ 16150 4756 4726 16120 I~ 16121 4644 4614 ~ H 18067 P 16094 / 4643 4755 4725 16100 4681 4643 4615 16090 k ;;;;Tu L 16080 4816 - .I. 4764 16037 16036 16037 16030 16037 16038 16055 16014 16015 16014 16015 16014 15961 L 4141 'L 16019 16002 15966 if. 15959 15958 15959 16005 10611 , 15964 L- ~/ 15960 I 15952 15961 15944 15935 15934 15935 4731 - 4517 16000 4815 4517 15922 4657 4643 4613 15930 J 15640 ) ;:: 16001 4530 15641 4820 15921 ~ 15866 II 15869 4624 15830 4517 4750 __ I-- 15831 15620 ~'1' 15854 ~ 15621 15810 15901 15821 15810 ~ 15820 15815 15790 4764- 15600 15800 4421 15601 4401 15800 - 7$8r.~ I~ ~ 15740 15830 15774 ~ 15731 4746 15730 4420 15772 15719 4400 <l: 15721 15710 15721 15710 15148 15706 4345 - 15701 15700 15701 / 15724 '<;7TI-l "">' -------- ~ 15673 (~ 15671 1/ 15684 15672 ---------- 15640 15643 15<56 / 15829 r II 15626 15621 I 15598 15593 15604 15820 Project Location Map , w-<?- ' , -16- Andover Planning / City of Andover 1685 Crosstown Blvd. NW Andover. Mn. 55304 October 15, 2002 Ref: Split of Tract "W", Registered Land Survey #72 Attn: Mayor and City Council Our tract "W" has two (2) of the three (3) requirements (lot depth over 150 ft, and lot area of 5 acres) of 5 .03 acres and 500 ft. + in depth. We are requesting a variance because the width at the front of the tract is 591.25 ft" short by 8,75 ft, Our proposal for the split is the new North halfwill be 2,5+ acres in area, 346 ft. in width (when a 40 ft, set back is figured, 46 ft, in width is lost due to curvature of frontage road) and 500 ft. + in depth. The South half will be 2,5+ acres in area, 245.25 ft, in width and 500 ft. + in depth. As shown on the Aerial Map, there is 260 ft, of wooded space between the building in tract "X" (15952) and the South lot line of tract "w" with no chance of change, The frontage of tract "E" (16005) and tract "F' (16055) combined are the same as tract "W". Adding a home on the North half of tract "W" would then only equal the number of building sites on the East side of Makah St. and would not increase density in this area but would increase tax revenue by $3,000 to $4,000 yearly. I Of the 16 property owners who opposed the split in 1997, only two (2) came forward at the Public Hearing on Sept. 24, 2002 to express opposition Mrs. Monroe (15961) opposed because she wanted a 5-acre neighborhood. The minimum lot size is 2.5 acres. Mrs. Fudge (16005) opposed because she does not want additional traffic on Makah St. She has stated it would be nice to have a home across the street. Neither Mrs. Monroe nor Mrs. Fudge opposed the recent split of tract "F' (16055) on May 7, 2002. Since the previous request in 1997, and our purchase of the property in 1998, there have been three (3) lot splits. On Feb. 1,2000 the tract "T' (16200) was allowed a split even though it was 4.9 acres in size and the new lot (4584 - 162nd Lane) is only 2.36 acres in size. The Reshetars were not required to provide proof: as we have been, that tract "T' had the required size of 5 acres to qualify for a split. No variances were requested nor were there any variances given. This we feel sets a precedent to allow tracts that do not have all the requirements for R-l Single Rural classification (lot width - 300 ft., depth 150 ft. and area of2.5 acres) be eligible for a split providing two (2) of the three (3) requirements are met, The Council found a way to accommodate this lot split. We only ask for the same consideration John & Ida Moore 16030 Makah St. NW Andover, Mn. 55304 763-576-1820 612-799-4271 / ~/{ - , J J / , ~ Property Sketch .. ~<( .. John F. 16030 Makah Andover, MN, Moore St. N,W, 55304 3J a,.= ~ f~ :l.D3 ..,... , I I I I I Tract W, Registered Land Survey No. 72 ANOKA COUNTY. MINNESOTA Subject to easements of record. if any. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota, <#~/ #-:-f<',,'/f. z __ 9/24/02 Charles R. Christop erson, MN License No, 1642; IL.. Date ) :N I 1 I~CH -eJOO ITEr BOOK _ PAGE_ I~U !5~. OIl ~ WId LAnd ~ 36ll nu-nan ,.".. ..... ......... SSllI3 763427-!5860 fAX 763-427~ "I ~ fJ) ~ ~.Sl t IS> ~ <:\ l3> J> Q ':s. ~ N~ ~ \)I '-r- \)\ ...i.. ~ ~. ~~ ...1 ~ N ~ ~t; ~ \0 :S~J ZI. l~--J \ ~ :-1 \\ ~ ..1' , .... I i: II '\; A\II I" ,.a;"r I ... / I t;"tO\ 'A~'q""" ~ J-.,j a _ 'IJ' o'4~r' " OC4r 'if' ":)~-1i'!1 I ~ ~ w ~ >- ~ ~ ~ t - ]Jo z 0 ... c: .. < ... -< 0 .. ... ~z \l'>=E. , ~~ '_7\\ ;~z /--l't\ ~~ \\1;:) ~\\ ~~ :....~ I:S> '- o.h ~. .. rJ611f.4~'~~"w ~ e:.so. BZ ~eAD4~'%'e -z1 734.o'!? 6 t!>!3>D 77'!?e" E rr1 t3h!?. 44- ~ BZ" 27' 1::>- E o :z ~~ .. N ~~ ~~ ~ Ss ~ "" ?0 <:>, '0 .: iG 1 I ~ (U ~- ,(I) \ (I) '-.- - ~ 'I ~~ ~~ ~ -;:.~ C) ~~ ;:} ~~ , ....~ .~ ~~ I....,.. ~z _t'\ ~-::: A; ~ ~ -- t~,ti -- t.7&, 'Z.1-::'? eM'" ~ lANe ur Nt 1'4 of ~w ~4 of 4et. 18 . r.~z., ~.t4 -H- ~ I W1.7~ t ~ ~\ ~\ '~ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, Rl66-97 A RESOLUTION DENYING THE LOT SPLI1\V ARIANCE REQUEST OF TARRl AND KEVIN STANTON PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM WIDTH AT FRONT SETBACK REQUIREMENT ON PROPERTY LOCATED AT 16030 MAKAR STREETNW (PIN l8-32-24-3l-0008), WHEREAS, Tarri and Kevin Stanton, have requested to split the northern 2.51 acres of a 5.02 acre tract pursuant to Ordinance No, 40 and to vary from the minimum lot width requirement of 300 feet of Ordinance 8, Section 6,02 by 3l feet on Parcel A, and 30 feet from Parcel at l6030 Makah Street NW legally described as Tract W, Registere~ Land Survey No. 72. . WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria for granting a lot split under Ordinance No, 40 or variance under Ordinance 8, Section 5,04. / . , WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was neighborhood opposition to the request; and . WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the lot split\variance 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 denies the lot split\variance on said property for the following reasons: l. Opposition from neighboring land owners, 2. Lack of a hardship. 3, The unique and probable devaluation of other homes in the area. 4, Ownership status of the property. -Itf- Page Two LS\V AR 97-05 . 16030 Makah Street NW July 15, 1997 Adopted by the City Council of the City of Andover on this 12th day of ~, 1997. CITY OF ANDOVER ATTEST: ~dL& Victoria Yolk, City Clerk , / " ; -/)'- Regular Andover City Council Meeting '.Minutes - July 15, 1997 " . page~ (PUbli~earing: Vacation of Easement/14133 Quince St., Continued) to be va6ated is outside the delineated wetland and 100-year lood lines. Sta f is recommending approval. Councilmember Dehn aske who is responsible 'f there is a llD-year flood and the house on th lot is flooded. Mr. Erickson sta ed the program is to maintain easements u to the 100- year flood elevat'on. The City does not have easement for anything over that and it auld be the responsibility of the roperty owner. Typically easement i~deSignated on a pl~t the most e editious way for convenience. It is no realized the additional build' g area is needed, and the request is to ove the line to the 100-ye r flood elevation~ This was excess easeme~~through the lot. Mayor McKelvey opened the hearing for public testimo~y. 7:49 p.m. . Bradford? , 14161 Ouince S~eet NW - didn't derstand why the area is being vacated. The lot is ver small. Lot 1 is also extremely narrow, and he feared the same thing would hav to be done on that lot. Councilmember Orttel explained t e polic is to obtain easement up to the 100-year flood. The easement bove hat is being vacated to build on it. When drawing the plat, str ig lines were drawn for easement ~or convenience. The vacation of sement over the lOO-year flood .levation is necessary to make the larger and buildable. Jerr Winds chi tl stated in order to get the larger house size to work, extr area is n eded. The original drafting was simply an error and they d' n't realize 't was there. Buyers intend to move forward with buildin a house assumin the easement is vacated. Councilmember Dehn asked th something from t engineer or surveyor be given the City for its fi s. Mr, Windschitl the City already has the s veyor's certificate on that lot. Mr. Er' kson agreed Staff does have a photocopy of the surveyor's certific e. The Watershed does not ne d to review ,this unless it encroac _s into the 100-year flood, whic this does not. Councilmember De wanted to be sure the letter from he surveyor is with the packet f material so the City is aware of who i responsible, preferring tha to be in the Resolution as well. Knight, Seconded by Kunza, introducing the Resolution gr iance. (See Resolution R165-97) Motion carried unanimo .m. Motion MOTION by K za, Seconded by Dehn, to close the public carried un nimously. 7:56 p.m. !. ~ )T SPLIT/VARIANCE/15030 MAKAH STREET NW/STANTON Mr. Hinzman reviewed the request of Tarri and Kevin Stanton for a lot split and variance at 16030 Makah Street NW. The 5.02-acre parcel would be split into two 2. 51-acre lots.' Variances are requested on the minimum 300-foot lot width at the front setback. Parcel A would measure . -I~- Regular Andover Ci ty Council Meeting '~inutes - July 15, 1997 /Page 5 (Lot Split/Variance/16030 Makah Street/Stanton, Continued) 269 feet at the front setback and Parcel B ~ould be 270 feet at front setback. The Planning and Zoning Commission voted 3 to 1 to deny the lot spli t . Many neighbors spoke in opposition of the request ci ting the five-acre lot size of most homes in the area, the, lack of a hardship, the ownership status of the current property, and the unique and probable devaluation of the other homes in the area as recommendations for denial. He noted the City has granted similar requests in 1995 and again in 1996 when the parcels could not be increased to meet the minimum setback requirements. The other parcels in the vicinity are predominantly five-acre tracts. The lot to the north is vacant. Councilmember Orttel felt this is a very unique area, providing some background when it was plated by metes and bounds into five-acre parcels. Some lots have already been subdivided, however, with access onto Seventh Avenue. Kevin Stanton, 16030 Makah Street - stated they made application for the lot split and variance because similar' requests have been granted in the past. In' figuring the averages of the tract sizes in that vicinity assuming the split of his lot, the average land size is 2.48 acres. He ~lso determined that the average lot frontage without the split is 286 jeet. It would be 271 feet with the split of his lot. He looked at those factors before making the decision to split his lot. Responding to the allegations he is doing this for financial gain and has already sold the lot, he stated he has sold the lot contingent upon approval of the lot split and variance, In reviewing the assessor's records of valuations in that area, the average is $172,000 at the 90-percent level, which makes his parcel above average. With the lot split, the parcels will remain at 2.51 acres, which is above the average size for the 350 feet surrounding his property. The house was built seven years ago, Councilmember Orttel noted the owner of Tract V commented at the Planning Commission that he was told, his lot is subdividable. That parcel can be split because of the road abutting that tract to the west~ The other parcels that were split to the north were also double frontage lots. It is a very unique area of nice homes and hobby farms, which have different rights. Martin Monroe. 15961 Makah Street - explained the other lot splits were for family members, not for financial gain, and to preserve the Staples Cemetery. He felt that this split is being done only for financial gain and the result will be a drop of his property value. He did not buy and build .to split the lot. On the other hand, the Stanton's built on the very south end to be able to split. Also, the Stantons advertised and sold their property on 2 1/2-acres. He was happy the Planning Commission ruled in their favor and asked the Council to do the same. \ill Fudqe, 16005 Makah Street - east side of Makah, moved there in 1980. It was represented as a five-acre development. He is concerned that if this is allowed, a precedent would be set; and the same thing could happen with all of the other lots along the street. -/7- Regular Andover City Council Meeting . Minutes - July 15, 1997 1 Page 6 (Lot Split/Variance/16030 Makah Street/Stanton, Continued) Dennis Anderson. 15952 Makah. Tract X - is totally against the request. It is being done just for financial gain, and it will devalue his property. He called the Council's attention to a petition signed by the residents opposing this. Of the 20 owners that were originally on five- acre tracts, 16 of them are opposed. They were unable to contact t.wo of the owners, and one did not want to sign because they knew the people buying the property. Mr. Stanton - clarified he owns 5.02 acres, and he is trying to sell the home. It was sold subject to the lot split. He mayor may not build on the other parcel. Ms. Mickelson, 16150 Makah Street - feels that allowing the split would set a precedent and would totally ruin the look of the development. Mr. Stanton has proposed no hardship for the variance. They purchased their five acres for the rural setting and would like to have this denied. Carl Soencer, 12180 Maqnolia Street NW. Coon Raoids. owner of Tract V - stated he has a problem because the lot split is requiring a variance. The rules and regulations were put in there for a reason, and he has a ~roblem with allowing a variance when there is no hardship. The subdivision across the street did not require a variance, and he did not oppose it because it did not increase the density on Makah Street. This split will mean an additional house. facing Makah, and there is an unknown as to how that will affect the other ?roperties. That troubles him, and he hoped the City Council will deny the request. Mr. Carlberg explained in the issue of a hardship relating to lot frontage, many times it is recommended the applicant discuss it with adjacent property owners in an attempt to acquire additional land to meet the requirements. Similar variances have been granted noting the hardship is that additional land cannot be acquired. Mr. Stanton has talked with adj acent property owners and hasn I t been succes sful in obtaining additional land to meet the requirements. That has been grounds.for variances in the past. Councilmember Knight noted it is a unique neighborhood and street,' and he understood the concern for no hardship. Councilmember Dehn opposed the request because of the ambience of the neighborhood and the five- acre tracts. The City always supports more open space. It is also proven that the larger the lots, the less services that are demanded from the City. With the five-acre lots, approving this request would not result in the same ambiance along that street. The other splits did not affect Makah Street. ;OTION by Knight, Seconded by Dehn, to deny the request for the lot split and variance. (See Resolution R166-97) Motion carried unanimously. -is - L(- /7-0 RECEIVED C JJw.) J'-" /h1r G. d A//J-r-c '/1 fj "-r.; 1 8 ?O"" ,t, ~l Vi . ~ Jlrv-?1~ 7O~f;t;~ tr1j. 1f!d () err ~ /; D3 0 17h kcL1 J, offme i:-h a dr CTn. We- !JJrJtlM 73 ~ ~.~7 ~6 :> /60/l?~ /CJ ' WL- furtAtZald ;k0 /;~ k~ 1 ~ YZ- r~ /Ob/T TZJ ucv. J?O L-- an;'a;~ ,,~ ~ )(51/ ~~, JJ {)o /{Jot ~ ~ !714 /u;-; CL- Lu.:t wH;' J; /5 M:1 cftv d so (fL /I11'r7 'm tA-Y1 JtJtdd k-. ~t I'U~ /Ok ~7a1. P/7 124 ~ ~ I ~ ~LuJ .sp?~ .. " .;. 7O-u de ~ JI&/ Anob~ 11<</ /J?{f'jt 73 rr~jN?/-f rY-uV '!?711bYl/ Mm177t?71lj' . ~ p('~5-ert/-L ~ ~f/117' I 7 /2/1/ ' (}tYA~ ;~; , . 1 -u- Regular Andover Planning and Zoning Commission Meeting Minutes - September 24, 2002 Page 2 Chairperson Daninger asked for comments from the public. commen sked for a motion, Mr, Bed stated that this item would be before the Council at the Oc ouncil meeting. ~ PUBLIC HEARING: LOT SPLIT (02-09) TO CREATE A NEW RESIDENTIAL PROPERTY FROM PROPERTY LOCATED AT 16030 MAKAH STREET NW. Mr. Bednarz explained that the property owner is seeking approval of a proposal to divide the subject property into two rural residential lots with a variance to the 300-foot minimum lot width for one of the lots. Based upon information just gained from the applicant, it appears that the property is slightly greater than 5 acres in size according to Anoka County records. Mr. Bednarz indicated this would mean both of the new lots would meet the 2.5 acres minimum, but one lot would still require a variance for lot width. / Mr, Bednarz noted a natural gas pipeline runs diagonally through the property. A fifty- foot wide easement exists over the pipeline. There remains sufficient space to locate a house on the new property that would be created if the lot split is approved, Mr. Bednarz stated it is important to note that a lot split for the subject property was denied by the City Council on July 15, 1997, Resolution R166-97 and the minutes from that meeting have been provided for the Commission's review. He advised that staffis not recommending in favor of the proposed lot split based on the lack of appropriate findings to justify the variance to the minimum lot width requirement. The lot width of one of the proposed lots would be significantly below the 300- foot minimum lot width and may set a precedent for similar lot splits in the future. He stated, in the past, other lots splits have been approved with less than 2.5 acres per lot but with this request staff recommends denial based on the fact it does not meet the R-l zoning requirements, Commissioner Greenwald asked where some of the past lot splits were approved in the City. Mr. Bednarz reviewed a location map with the Commission. Commissioner Gamache reiterated this request was denied in 1997 for lack of hardship and asked if the curvature of the roadway could be considered a hardship, Mr. Bednarz J -Zlr Regular Andover Planning and Zoning Commission Meeting Minutes - September 24, 2002 Page 3 stated this could be considered a hardship, but stated this lot was also 9 feet short of the proper lot width even at the widest portion of the lot. Commissioner Falk asked for the location of the easement on this lot. Mr. Bednarz sketched the easement on the site map and reviewed the survey of this lot with the Commission. Commissioner Falk asked if the easement followed the proposed lot split line. Mr. Bednarz noted the easement was close to the line, but would fall onto one lot more than the other. Commissioner Falk questioned if this property was within the MUSA. Mr. Bednarz noted this was outside the MUSA at this time, thus requiring well and septic, Motion by Gamache, seconded by Greenwald, to open the public hearing at 7:16 p,m. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote, John Moore, 16030 Makah Street NW, the applicant, explained there was not a survey on this property because a variance was needed and he was seeking a decision before incurring that expense. Mr. Moore stated six lot splits have occurred Within his neighborhood, Mr, Moore noted he required a variance only for lot width due to the curvature of the road and not on the lot size as each lot would be 2,5 acres, Pat Momoe, 15961 Makah Street, noted she has been present to fight numerous lot splits within her neighborhood. She indicated she purchased a home in this neighborhood l5 years ago and stated she would like to see the lots to remain 5 acres, Ms, Momoe noted she was present at the 1997 request for a lot split and noted she was against it then and now. Jean Fudge, 16005 Makah Street, indicated she purchased her land 22 years ago with the idea of having a lot that was 5 acres. She stated she has been told that the city has allowed lot splits along 7th Avenue but not along Makah Street, Ms. Fudge noted she wants to keep the traffic flow down along Makah Street and does not want this item approved. Mr, Moore understood the feelings of his neighbors but stated they must take into consideration there has been six lot splits to date, but that none access Makah Street. He noted the lot splits have occurred to those properties along 7th Avenue. Mr. Moore indicated his proposed split would not increase the density and traffic along Makah Street substantially. Mr, Moore stated he spoke with the County Surveyor and noted all of the lots north of him are short of 5 acres, He noted his one lot being added would compliment homes across the street. / -t3 - Regular Andover Planning and Zoning Commission Meeting Minutes - September 24, 2002 Page 4 . J Commissioner Larsen asked if there were covenants within this neighborhood stating the 5 acres must remain, Mr, Bednarz noted there were no covenants and that this neighborhood was regulated by the 2.5 acres minimum as stated within the R-l zoning district. Vice Chairperson Daninger asked if a registered land survey had been completed on the proposed lot split. Mr. Moore noted he has a survey of the 5-acre lot but not the split due to the fact he wasn't sure if the Commission would ask him to change the lot split location. Mr. Bednarz noted staffwas provided with a survey verifying the size of the property noting it was in excess of 5 acres, Commissioner Falk asked if the City should know where this lot split line was before it was recommended for approval. Mr. Bednarz stated a line could be sketched on the 5- acre survey if desired by the Commission, Vice Chairperson Daninger asked if the property to the south was contacted to purchase additional land. Mr, Moore stated he felt this wasn't an option because they may propose a lot split in the future. He then reviewed a tentative lot split location with the Commission. Motion by Gamache, seconded by Larsen, to close the public hearing at 7:34 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote, Commissioner Greenwald asked if the both lots met the 300-lot width and 2.5 acres ifit would be automatically approved. Mr, Bednarz stated the city would likely be compelled to approve it. Commissioner Greenwald stated he felt this was a problem due to the concerns aired by the neighbors. Commissioner Greenwald stated he feels there is no hardship with this request as tlle applicant has brought this before the Commission for a second time, being denied the first time due to lack of hardship, Commissioner Greenwald reminded staffto show the correct lot size at 5 acres, to the Council when this item goes before the Council for their consideration, Motion by Falk, seconded by Greenwald, to recommend to the City Council denial of Resolution No. _, denying Lot Split 02-09 to create a new rural residential property from property located at 16030 Makah Street NW based on the fact the does not meet the minimum lot width requirements of city ordinance and has no hardship, Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Mr, Bednarz stated that this item would be before the Council at the October l5, 2002 City Council meeting. -1.-1- Regular Andover City Council Meeting Minutes - October 15, 2002 Page 10 / they could have every developer in the future say they have a little piece of the development they would like to keep and this is the reason why cities adopt city street sections so everything will be consistent. The issue is upgrading it to a city street section and they have standards in place and would be a significant departure from what they already require from any other development in the City whether it is preexisting or new. City Finance Director Dickinson stated one ofthe things being bypassed is the public hearing and the ability for everyone to comment on the project. Mr. Nielsen stated in Chapter 429 it gives the property owner the notice to come in and voice their opinion. He stated every homeowner except one is in attendance and they all agree to pay. He stated the issue of drainage would be taken care of by their contractor. He stated in regards to setting a precedent, there is no precedent, when you find another road that is a user road, eighteen feet in width; is a great deal different than improving someone's property. He stated the city's requirement is a sixty foot right-of-way and there is not one there, Councilmember Knight stated he believed it is about as unique as they can get and it does not make sense to widen the street and take out the trees. Councilmember Orttel stated the issue is ifthey are going to do this, they need to find a way. I Mr. Nielsen requested the Council go on record directing the staff to come back to Council with a specific recommendation by November 6, 2002 because the City Engineer has had this since August 20, 2002. He stated a letter was written to him on September 27, 2002 that states the city will work with the residents. However, there has been no contact and nothing has been done and he is getting frustrated. He thinks it should be resolved by November 6, 2002. Mayor Gamache stated he believed that is what staff was looking for, Councilmember Orttel stated that if they vary from all the standards they need to have a reason for it. Mr. Erar stated they would come back with the best recommendation they can for the next meeting. Mr. Nielsen requested staff send him the recommendation so he knows what action was taken. j:;ONSIDER LOT SPUT REQ UEST/I 0030 MAKAH STREET ~ Community Development Director Neumeister explained the property owner is seeking approval to divide the subject property into two rural residential lots with a variance to the 300- foot minimum lot width for one of the lots. Both lots would meet all of the City ordinance requirements, Mr. Neumeister stated the property owner is requesting that the lot split be approved prior to a survey being completed due to the expense and the uncertainty of whether the lot split will be approved, The neighbors are not interested in selling a portion of their property for the lot split. Mr. Neumeister stated the Planning Commission unanimously recommended denial of the proposed lot split citing that findings had not been demonstrated for the proposed variance. -25- . 1 Regular Andover City Council Meeting Minutes - October 15, 2002 Page II Mayor Gamache stated the issue is keeping the style and uniqueness of the neighborhood and the lot split would change that. Mr. John Moore, 16030 Makah Street stated he sent a letter in regard to what his position is. No other similar circumstance exists in the City of Andover because of the curve of the road and the ambiance of the neighborhood has changed since they have moved in. There seems to be a standard saying that this is a five-acre area but most of the lots are less than five acres and has always been classified as an R-l, which is 2.5 acres. He is asking that this be taken into consideration and approved, He stated he has a pipeline easement on his property so his only option is to split side by side. Councilmember Knight stated the dilemma is the variance has to have a reason created by the nature of things for a variance to applicable and there is not one here. Mr. Neumeister stated they could not make the findings so the variance was not approved. More discussion ensued regarding the reasons behind a variance for splitting a lot. Motion by Jacobson, Seconded by _, to deny Item No. 24 (Lot Split Request/l6030 Makah Street / NW). Motion did not pass for lack of a second. Councilmember Trude asked if they wanted to look at precedent. Councilmember Orttel asked if configuration is a hardship. City Attorney Hawkins stated generally it is not. Ms. Jean Fudge, 16005 Makah Street stated she was at the Planning Commissioner Meeting and at the time the charm of a five-acre lot was what attracted them twenty-two years ago and she prefers the five-acre community. There have been some splits with exiting onto 7th Avenue and it is a whole different situation. It is a matter of principle to her and if a variance is approved, it will remove one ofthe three requirements. She stated she is opposed to this because it is a matter of principle and she has not seen anything comparable to this. Councilmember Jacobson stated he understood them wanting to keep it at five acres but it is zoned R-l so they have a right to split. Ms. Pat Monroe, 15961 Makah Street stated they moved there in 1985 and until five years ago, they had a lot of wildlife in their woods until people started to move in. She stated they wanted to keep the acres also and is concerned about construction in the area because of the pipeline. Motion by Jacobson, Seconded by Trude, to deny Item No. 24 (Lot Split Request/16030 Makah Street NW). Motion failed because no vote was taken. Ms. Moore stated there has already been a precedent set because another lot was split with less acreage than his lot. Councilmember Trude pointed out that there seemed to be some unfairness and she wanted to know if they could get some research on other splits in the area and table this item _.u- @ , , ./ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,CLANDOVER,MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ FROM: Dan Winkel, Fire Chief 'j;).W. SUBJECT: Consider Adopting Fireworks Ordinance Municipal Regulations, Continued DATE: November 6,2002 INTRODUCTION Fireworks of all kinds for public purchase and use have been prohibited in Minnesota since 1941. During the 2001-2002 Legislative session lawmakers approved a change in the fireworks laws that would allow the use of some types of consumer fireworks. / DISCUSSION Due to the change in fireworks sales and use, the city council has determined that it is necessary and in the interest of public health, safety, and welfare to establish reasonable regulations concerning fireworks. Staff has drafted language for an Ordinance that presumably would address the concerns and questions the city council has regarding fireworks, The proposed language is consistent with other municipalities who have written regulations on this issue. Main topics included in this Ordinance include: . Definitions for legal and non-legal fireworks . Areas/zoning districts in the City where fireworks can be sold . Appropriate permit fees . Criminal background checks for property owner and persons in charge of selling or storing fireworks as needed . Applicant liability insurance requirements . Rules for discharge of fireworks . Appropriate hours of discharge for fireworks . Permit denial, suspension, and revocation . Penalty for violation Included in this packet with the proposed Ordinance is a copy of the change in law dated April 23, 2002, the Minnesota Statutes 2002, Chapter 624, and Fireworks Fact Sheet and Frequently Asked Questions on Enforcement as written by the Minnesota State Fire Marshal Division, BUDGET IMPACT The proposed Ordinance has permit fees included that will be reviewed annually by the City Council. Staff anticipates that there could be requests for ten to twelve annual permits for fireworks, RECOMMENDATION Staff is requesting Mayor and City Council approval of the proposed Fireworks Ordinance, It is the intent for the Ordinance to take effect immediately following council approval. Staff is also recommending a City Council workshop to discuss questions and concerns, if needed, prior to final approval. RE:llY:;J:t/ Dan Winkel, Fire Chief , I -' , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA '. ORDINANCE NO. AN ORDINANCE REGULATING THE SALE, POSSESSION, AND USE OF CONSUMER FIREWORKS. The City Council of the City of Andover hereby ordains: Section 1. Governing Regulations Fireworks are regulated by Minnesota State Statute 624.20-624.25, In addition to these regulations all display, sales, storage, and use of consumer fireworks shall comply with this Fire Regulation. The City Council of Andover ordains: \ , / a) Purpose. Due to the inherent risks of fire and injury to persons and property associated with the sale, possession and use of fireworks, the City Council has determined that it is necessary and in the interest of public health, safety and welfare to establish reasonable regulations conceming fireworks. b) Definition. For purposes of this section, "consumer fireworks" are defined as: Wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes, and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. c) Sale of Fireworks. It is unlawful for any person to sell, offer for sale, expose for sale, sell at retail or wholesale, or make any public display of any consumer fireworks in the City of Andover without a permit. The sale, use, and possession of all fireworks in violation of Minn. Stat. Sect. 624.20 through 624.25 inclusive, which are adopted herein by reference, is prohibited. '\ / d) Permit application. The application for the permit for the storage and sale of fireworks shall be made to the Fire Marshal and shall include: " } 1) A criminal records check and determination by the Fire Marshal that the location where the fireworks are to be stored or sold is not hazardous to property or endangers any person and that the persons in charge of selling or storing the fireworks are competent and trained to handle such fireworks must be made prior to processing the application, 2) The application for permit shall be accompanied by a letter from the person legally responsible for the property on which such sale is to take place. Such letter shall grant permission to the applicant for the use of said property. The application shall include a floor plan designating the area for storage or display along with a list documenting the name, weight, and quantity of fireworks within the building and be accompanied by the material safety data sheets. 3) Applications must be made a minimum of 15 days prior to operating. Any permit granted hereunder shall be nontransferable. Prior to the issuance of a permit, the premises must be inspected and approved by the City fire code official. 4) Permits shall be issued for a period of one calendar year. '\ / e) Permit fee. The fee for the permit shall be that as provided in the current City Fee Schedule, f) Terms and conditions for issuance of permit. A permit for storage or retail sale of common fireworks shall be issued only upon the following terms and conditions: 1) Neither the applicant nor the responsible party for the permit shall have been convicted of a felony unless the conviction was discharged pursuant to; or a fire / fireworks-related misdemeanor within the last three (3) years. 2) The applicant shall procure and maintain a policy or policies of public general liability, bodily injury and property damage insurance in a company or companies approved by the City in the minimum amount of one million dollars ($1,000,000) single limit. Certificates of coverage shall be filed with the City Clerk upon application for a retail sales permit. 3) The applicant's location or place of business shall be only in those areas or zones within the City wherein commercial or industrial activities are authorized under the applicable zoning laws of the City. Transient sales of fireworks are not permitted. No sales or storage for commericial use shall occur on residentially zoned property or properties used for educational purposes or assemblies. 1 4) Firework storage or sales areas shall provide approved "no smoking" signs in red letters not less than two (2) inches in height on white background. All signs shall be maintained in legible condition. 5) Smoking and the discharge of fireworks shall be prohibited within one hundred (100) feet of any building or stand in which fireworks are stored or sold. 6) Each permit holder shall have not less than two (2) water-type or equivalent extinguishers of not less than two and one-half gallon capacity, 7) There shall be at least two (2) exits from all buildings from which fireworks are stored or sold. 8) In buildings without an approved automatic sprinkler system, retail consumer fireworks indoor sales displays shall be limited to fifty (50) pounds net pyrotechnic composition or two hundred (200) pounds gross weight, if the pyrotechnic composition weight in not known. 9) Buildings protected throughout by an approved automatic sprinkler system shall be limited to one hundred (100) pounds net, or four hundred (400) pounds gross weight ifthe pyrotechnic composition weight is not known, lO) Warehouse buildings or retail in excess of the quantities listed in 4.8 and 4,9 for retail consumer fireworks shall be classified as an "H" occupancy with explosives and aerosols, ll) The license must be publicly displayed on the licensed premises. The premises are subject to inspection by City employees including Anoka County Sheriffs Deputies during normal business hours. 12) Storage for consumer fireworks must be in compliance with the Uniform Fire Code. The premises must be in compliance with the Uniform Fire Code and Uniform Building Code, or International Fire Code and Intemational Building Code, whichever is being enforced by the City of Andover. 13) Consumer fireworks shall not be sold to persons under the age of18. Consumer fireworks shall not be used on public property. 14) Fireworks for sale shall be kept in an enclosed case accessible to authorized employees only. l5) Juvenile compliance inspections shall be conducted by the Anoka County Sheriff as warranted. I / l6) A list of all consumer fireworks displayed and stored on the property shall be available at all times. The list shall document the name, weight, and quantity of the fireworks and be accompanied by the material safety data sheets, 17) Upon request, two samples of all fireworks shall be made available to the Fire Chief at no charge, for testing or firefighter training. 18) All vendors selling approved fireworks shall provide or make available, a list of safety guidelines to all persons buying fireworks. g) Fireworks - Discharge rules and regulations, 1) It is unlawful to use, fire, or discharge any fireworks along the route of and during any parade or at any place of public assembly or in any commercial use district. 2) It is unlawful at any time to throw or toss any fireworks at any person, animal, vehicle or other thing or object. 3) Smoking and the discharge of fireworks shall be prohibited within one hundred (100) feet of any building or stand in which fireworks are sold at retail or stored after hours. 4) The discharge of fireworks shall be prohibited within twenty-five (25) feet of any building, including tents and membrane structures. 5) Fireworks may only be discharged in an area with a water source connected to a hose or other acceptable means of putting out a fire. 6) The Fire Chief may ban fireworks or shorten the season of the fireworks discharge if a drought is evident or any equitable need for safety arises. 7) Juveniles may not possess fireworks unless under the direct supervision of a responsible adult. 8) Fireworks shall not be discharged in such a manner as to create a nuisance between the hours of 10:00 p.m. to 7 :00 a.m, Exception: Fire Chief approved celebrations or functions. h) Fireworks - Other. l) Materials which violate this ordinance or state statute and pose a threat to public safety may be confiscated and destroyed. Costs associated with disposal shall be assessed back to the property. ) / i) Permit Denial, Suspension and Revocation. The Fire Chief or Fire Marshal may suspend or revoke any permit granted herein for a violation of any term of this ordinance. Any person whose permit has been suspended or revoked or any person whose permit application has been denied may request a revie",: of that determination by the City Council. Said request for review shall be in writing and filed with the City Clerk. The City Clerk shall place the review request on the agenda for the next regularly scheduled Council meeting. Upon review, the City Council shall affirm or overrule the initial determination to deny, suspend or revoke. j) Validity. The Andover City Council hereby declares that should any section, paragraph, sentence or word of this ordinance or code herein adopted be declared for any reason to be invalid, it is the intent of the Andover City Council that they would have passed all other portions of this ordinance independent of any such section as may be declared invalid. k) Effective Date. This ordinance becomes effective immediately upon passage. / 1) Penalty Any person, firm, corporation or 'voluntary association which violates any provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished in accordance with State law. Adopted by the City Council of the City of Andover this _ day of 2002. CITY OF ANDOVER Attest: Michael Gamache - Mayor Victoria V olk - City Clerk / / Fireworks Fees Enforcement Fire Regulation as allowed by the Minnesota Uniform Fire Code followed by Code Adoption. Regulatory Costs Criminal Records Check $250 Plan Review $ 50 Initial Inspection, Annual Inspections $ 50 Disposal fund fee $200 Anoka Co Sheriff Juvenile Compliance Inspection $200 / TOTAL $750 . / .-.l Alcohol & Gambling Enforcement Bureau of Criminal Apprehension Capitol Security Crime Victim Services Driver & Vehicle Services Emergency Management I Emergency Response Commission .' State Fire Marshall Pipeline Safety State Patrol Traffic Safety . J State Fire Marshal Division 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282/6555 Internet: http://www.dps.state.mn.us Frequently Asked Questions on Enforcement Of the MUFC as It Relates to Fireworks April 30, 2002 Although a new law changes the definition of fireworks in Minn. Stat 624.20(c), it does nothing to change enforcement of the Minnesota Uniform Fire Code (MUFC) as it relates to these legal consumer fireworks, As a service to the Minnesota Fire Service, the State Fire Marshal Division has assembled this list of frequently asked questions relating to fireworks and the MUFC. This analysis was done in response to a request by the Minnesota State Fire Chiefs Association. The SFMD does not recommend or approve any particular scenario or enforcement strategy, but is providing this information to encourage a thorough understanding of the material and options available. Question 1 - Are local jurisdictions allowed to adopt requirements that exceed the fire code as it relates to fireworks? Answer to question 1 - Yes, this has always been available to local jurisdictions and is permitted in Minn, Rules 299F,011, Subd. 4, For example, a city or town could adopt a local ordinance relating to the time of year for sale, use and possession, or could limit where fireworks are sold. This could take the form of limits on the quantities for sale, what fire safety measures must be provided for retail sales outlets or similar requirements. Reference for question 1: 299F.011 Uniform fire code; adoption, Subd.4, Applicability; local authority. The uniform fire code shall be applicable throughout the state and in all political subdivisions and municipalities therein, However, nothing in this subdivision shall prohibit a local unit of government otherwise authorized by law from adopting or enforcing any ordinance or regulation which specifies requirements equal to, in addition to, or more stringent than the requirements of the uniform fire code, Any ordinance or regulation adopted by a local unit which differs from the uniform fire code must be directly related to the safeguarding of life and property from the hazards of fire, must be uniform for each class or kind of building covered, and may not exceed the applicable requirements of the uniform building code adopted pursuant to sections 168,59 to 168,73, State Fire Marshal FAQ for Enforcers April 30, 2002 WWW.fire.state.mn.us Page 1 of 5 Questions: firecode@state.mn.us / Question 2 - Retail sale of consumer fireworks is not directly addressed in the MUFC, thus would it be appropriate to reference an NFPA or other standard for fire safety requirements for retail sale? Answer to question 2 - Yes, since the fire code has language to allow a code official to deal with hazards that arise and are not specifically addressed in the MUFC. The fire code currently regulates the storage of high hazard commodities in retail settings (group A plastics or flammable liquids, for example), so the introduction of unregulated hazards is cause for concern. Since retail sale of fireworks is not addressed by the MUFC, code officials are authorized to enforce other standards to mitigate the hazard and could include NFPA 1124, the supplement to the UFC, APA Standard 87-1, or other documents as possible choices. Reference for question 2: / MUFC 101.3 Subjects Not Specifically Regulated by this Code, Where no applicable standards or requirements are set forth in this code, or contained within other laws, codes, regulations, ordinances or bylaws adopted by the jurisdiction, compliance with applicable standards of the National Fire Protection Association or other nationally recognized firesafety standards as are approved shall be deemed as prima facie evidence of compliance with the intent of this code, See also Section 9001,2, Nothing herein shall derogate from the power of the chief to determine compliance with codes or standards for those activities or installations within the chiefs jurisdiction or responsibility. Question 3 - Can local jurisdictions require a permit for fireworks retail sale or storage, just as they do for hazardous materials or high piled storage? Answer to question 3 - Yes. The MUFC currently allows for permits to be obtained for fireworks and although not specific, this could include retail sale or storage operations, for example. In setting up a permit system, a community could establish the levels for the permit and any fire safety requirements necessary to operate within the permit, just as is done with other permits. Since there is not specific language in the MUFC dealing with retail sale of fireworks, a concerned community could enforce compliance with some minimum level of safety through the permit process (Le. retail sale must meet NFPA 1124 or the UFC supplement, for example). Reference for question 3: MUFC Section 105.8 f.2 . , Page 2 of 5 Questions: firecode@state,mn,us State Fire Marshal FAQ for Enforcers April 30, 2002 www.fire.state.mn.us Question 4 - Can a code official require additional fire protection systems in retail sales occupancies selling or storing fireworks or in warehouses with fireworks storage? Answer to question 4: Yes. When a code official has determined that a special hazard exists in addition to the normal hazard of an occupancy, additional safeguards can be required, An example would be the addition of fireworks to a large storage warehouse where the sprinkler system is designed to protect class I - IV commodities and the code official is concerned about the added hazard and the ability of the sprinkler system to protect the new hazard. Reference for question 4: MUFC 1001,9 Special Hazards, For occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, the chief is authorized to require additional safeguards consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved, Such devices or appliances can consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable fire blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated or dry chemical or other special fire-extinguishing systems. Where such systems are provided, they shall be designed and installed in accordance with the applicable Question 5 - Can a code official limit smoking in retail sales buildings, warehouses or tents containing fireworks? Answer to question 5: Yes. If the chief determines that smoking constitutes a fire hazard, the chief is authorized by the MUFC to prohibit smoking in such areas. Reference for question 5: MUFC 1109.4.1 Designated areas. When the chief determines that smoking constitutes a fire hazard in any areas of piers, wharves, warehouses, stores, industrial plants, institutions, schools, places of assembly and in open spaces where combustible materials are stored or handled, the chief is authorized to order the owner or occupant to post approved NO SMOKING signs in each building, structure, room or place in which smoking is prohibited. Such signs shall be conspicuously and suitably located and shall be maintained, When necessary, the chief is authorized to designate specific safe locations in any building, structure or place where smoking is allowed. / Page 3 of 5 Questions: firecode@stale,mn,us Stale Fire Marshal FAQ for Enforcers April 30, 2002 www.fire.slale.mn.us -. Question 6 - Can a code official prevent fireworks from being used near tents or road side stands? Answer to question 6: Yes - for structures falling under the requirements of Article 32 (Temporary tents and membrane structures greater than 200 square feet in area), the MUFC prohibits fireworks use and open flames inside or adjacent to the structure. Reference for question 6: MUFC 3215.2 Fireworks, Open Flames and Hot Objects. Fireworks, open flames and devices capable of igniting combustible materials shall not be used in or adjacent to a temporary membrane structure, tent or canopy, unless otherwise approved. Question 7 - Does Article 71 (Explosives) of the MUFC apply to the manufacture, storage and transportation of fireworks? / Answer to question 7: Yes, Article 77 (Explosives) of the MUFC applies to manufacture, storaqe and transportation of fireworks. There is an exception on the application of Article 77 for the sale. possession or use of fireworks, so this leaves manufacture, storage and transportation open to enforcement of Article 77. As such, the quantity limits, separation distances, storage practices etc. of Article 77 could be enforced where manufacture, storage and transportation of fireworks occurs. Reference for question 7: MUFC 7701.1 Scope. Manufacture, possession, storage, sale, transportation and use of explosive materials shall be in accordance with Article 77. EXCEPTIONS: 3. The sale, possession or use of fireworks 1.4G (Class C common fireworks). Question 8 - Does the MUFC consider fireworks to be flammable solids and subject them to the requirements for H occupancies when storing above the 125-pound limit in Article 80? Answer to question 8: No. Although this may appear to be a possible enforcement option, the definitions in the MUFC for flammable solid do not support such a determination. Also, the examples found in Appendix Chapter VI- A, make no mention of fireworks being a flammable solid. In summary, the State Fire Marshal does not recommend using this reference in relation to consumer fireworks. . / Page 4 of 5 Questions: firecode@state.mn.us State Fire Marshal FAQ for Enforcers April 30, 2002 www.fire.state.mn.us Reference for question 8: MUFC Definitions - FLAMMABLE SOLID is a solid substance, other than one which is defined as a blasting agent or explosive, that is liable to cause fire through friction or as a result of retained heat from manufacture, which has an ignition temperature below 2120F (100oC), or which burns so vigorously or persistently when ignited that it creates a serious hazard. Flammable solids include finely divided solid materials which when dispersed in air as a cloud could be ignited and cause an explosion. Appendix VI-A 2.1.4 Flammable solids. 2.1.4.1 Organic solids. Examples: camphor, cellulose nitrate and napthalene. 2.1.4.2 Inorganic solids. Examples: decaborane, lithium amide, phosphorous heptasulfide, phosphorous sesquisulfide, potassium sulfide, anhydrous sodium sulfide and sulfur. 2.1.4.3 Combustible metals (except dusts and powders). Examples: cesium, magnesium and zirconium. 2.1.4.4 Combustible dusts and powders (including metals). Examples: wood sawdust, plastics, coal, flour and powdered metals (few exceptions). Question 9 - Is the chief allowed to prohibit the use of fireworks in hazardous fire areas as authorized by Appendix II-A? Answer to question 9: Yes. Appendix II-A of the fire code has been adopted and may be enforced as such. When the chief has identified a hazardous fire area, Section 10 of Appendix II-A prohibits the possession or use of fireworks in such areas. Reference for question 9: MUFC SECTION 10 - FIREWORKS Fireworks shall not be used or possessed in hazardous fire areas. The chief is authorized to seize, take, remove or cause to be removed fireworks in violation of Section 10. NOTE: The State Fire Marshal Division is currently in the process of adopting the International Fire Code and anticipates that a similar analysis of fireworks requirements under the new code will be needed. . I State Fire Marshal FAQ for Enforcers April 30, 2002 www.fire.state.mn.us Page 5 of 5 Questions: firecode@state.mn.us MINNESOTA STATE DEPARTMENT OF PUBLIC SAFETY ) Alcohol & Gambling Enforcement Bureau of Criminal Apprehension Capitol Security Crime Victim Services Driver & Vehicle Services Emergency Management I Emergency Response Commission State Fire Marshall Pipeline Safely State Patrol Traffic Safety . I State Fire Marshal Division 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651/215-0500 FAX: 651/215-0525 TTY: 651/282-6555 Internet: http://www.dps.state.mn.us Fireworks Fact Sheet April 30, 2002 Recent changes to Minnesota Statute 624.20 now allow for the public sale, possession and use of a limited number of, but not all, consumer fireworks. Summary of Changes to Minnesota Fireworks Laws . Sale, possession and use of some nonexplosive and nonaerial consumer fireworks is now permitted in Minnesota on or after April 30, 2002. Examples include items such as sparklers, cones and tubes that emit sparks, novelty items like snakes, and party poppers. For a complete list, see the Table on Page 2 of this fact sheet. . These consumer fireworks may not be used on public property (Le. parks, roads, alleys, schools, government property etc.). . Purchasers of these fireworks must be at least 18 years old and retailers need to check photo identification. . Sale, possession and use may occur at any time during the year. What Requirements Have Not Changed . Explosive and aerial fireworks are still prohibited for public sale, possession and use. Prohibited fireworks include firecrackers, bottle rockets, missiles, roman candles, mortars and shells. . Requirements for "public" display fireworks and certification for use remain unchanged. Questions should be directed to the State Fire Marshal Division by email to firecode@state.mn.us or by calling (651) 215-0500. Additional information is available at www.fire.state.mn.us State Fire Marshal Fireworks Fact Sheet April 30, 2002 www.fire.state.mn.us Page 1 of6 Questions: firecode@state.mn.us / . I Table 1: Examples of Legal and Illegal Fireworks / EXAMPLES OF FIREWORKS THAT ARE EXAMPLES OF FIREWORKS THAT NOW LEGAL TO SELL, POSSESS AND USE CONTINUE TO BE ILLEGAL TO SELL BY THE PUBLIC ON OR AFTER POSSESS AND USE, EXCEPT AS APRIL 30, 2002 AS PERMITTED BY PERMITTED UNDER MINNESOTA MINNESOTA STATUTE 624.20 (C): STATUTE 624.20 . Wire or wood sparklers of not more than 100 grams of mixture per item . Anv fireworks that are explosive . Anv fireworks that are aerial Other sparkling items which are nonexplosive and nonaerial and contain 75 Firecrackers (any size) grams or less of chemical mixture per tube or a . total of 200 grams or less for multiple tubes . Ladyfingers and include: . Sky rockets . Cvlindrical fountain Upon ignition, a shower of . Bottle rockets colored sparks or smoke and sometimes a . Missile type rockets whistling effect is produced. . Helicopters, aerial spinners, planes, . Cone Fountain The effect is the same as that of a cylindrical fountain. When more than 1 cone is UFOs mounted on a common base, total pyrotechnic . Roman Candles composition may not exceed 200 grams . Mines or shells (heavy cardboard or . lIIuminatina Torch paper tube(s) attached to a base- . Wheel - Pyrotechnic device intended to be upon ignition stars, balls or reports are attached to a post or tree by means of a nail or propelled into the air) string. Upon ignition, the wheel revolves, producing a shower of color and sparks and, . Chasers sometimes, a whistling effect . Parachutes . Ground Soinner - Small device venting out an . 1.3G Display (special or class B) orifice usually on the side of the tube. Similar in Fireworks operation to a wheel but intended to be placed flat on the ground and ignited. The rapidly . Aerial shells spinning device produces a shower of sparks . Theatrical pyrotechnics (see Minn. and color. Stat. 624.20 to 624.25) . Flitter Soarkler - Narrow paper tube attached to a stick or wire that produces color and sparks upon ignition. The paper at one end of the tube is ignited to make the device function. . Flash/Strobe - Emit a bright light Basically, any fireworks listed above are still not legal for public sale, possession or Novelty items such as snakes and glow use, except with a permit and by a certified worms, smoke devices, or trick noisemakers operator according to Minnesota Statute which include paper streamers, party poppers, 624.20. (Le. these fireworks are still not string poppers, snappers, and drop pops, each legal unless a permit has been issued by consisting of not more than twenty-five the local jurisdiction and they are used by hundredths grains of explosive mixture. a state certified operator) State Fire Marshal Fireworks Fact Sheet April 30, 2002 www.fire.state.mn.us Page 2 of 6 Questions: firecode@state.mn.us / Information for Consumers of Fireworks Each state in the United States has slightly different requirements for fireworks: some permit a1l1.4G consumer fireworks; others a subset of consumer fireworks; or no fireworks at all. The recent law change would allow some, but not all, consumer fireworks to be sold and used in Minnesota. To prevent confusion, the Table on Page 2 of this fact sheet outlines the types of fireworks that may now be sold, possessed and used by the public. This table also indicates fireworks that are still not legal to sell, possess and use, except with a permit and by a certified operator. Here is a summary of the basic rules for fireworks in Minnesota: . Only nonexplosive and nonaerial consumer fireworks are permitted to be sold, possessed and used. Examples include fireworks listed in the left hand column in the Table on Page 2 of this fact sheet. . Fireworks that explode, leave the ground, or shoot anything other than sparks into the air are still prohibited. . Use of these devices is not permitted on public property (Le. parks, roads, alleys, schools, government property etc.). . Purchasers of fireworks must be at least 18 years old and age must be verified by photo identification at the time of purchase. The only age restriction is on the purchase of fireworks - there is no age restriction on possession or use. . There are no restrictions on the time of year for the sale, possession or use of these fireworks, nor are there restrictions on where the fireworks are purchased (in state or out of state). . A permit or certification from the State Fire Marshal Division is not necessary for the sale, possession or use of these fireworks. . There has been no change in the laws relating to theatrical pyrotechnics and the requirements for a permit and certified operator according to Minnesota Statute 624.20 to 624.25 . Operating outside the exception provided by Minn. Stat 624.20 (c) for sale, possession and use of fireworks is addressed in the criminal statutes of Minn. Stat. 624.20 to 624.25. According to Minn. Stat. 624.25, violations are addressed as follows: 1. if the violation involves explosive fireworks in an amount of 3S pounds gross container weight or more, to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both; 2. if the violation involves explosive fireworks in an amount of less than 3S pounds gross container weight, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both; and 3. if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both. i State Fire Marshal Fireworks Fact Sheet April 30, 2002 www.fire.state.mn.us Page 3 of 6 Questions: firecode@state.mn.us Fireworks Safety Guidelines Fireworks are associated with many injuries nationally each year. The following safety guidelines are offered to reduce fireworks injuries, fires and nuisance complaints: . Read, understand and follow the instructions on each device prior to using. . Use fireworks with close adult supervision. . Choose a safe place to use fireworks that is far from anything that could be damaged from the normal or abnormal operation of any device. Fireworks should only be ignited outdoors and away from animals, buildings, storage tanks, brush or combustible materials. . Anyone acting in an irresponsible manner or who appears to be under the influence of alcohol or other drugs should not handle or discharge fireworks. . Keep fireworks away from small children and store them in a cool dry location away from sources of ignition (heat and flames). Fireworks should not be allowed to become wet and should not be used when dried after becoming wet. . Do not carry fireworks in your pocket or on your person. . Lit cigarettes, cigars, pipes or open flames should be kept away from fireworks that are for sale or when stored. . Never ignite fireworks inside another container, such as inside a bottle or can. . Eye protection is recommended for those using fireworks. Never throw fireworks or aim them at another person, animal or building. . Only light one firework device at a time, then move away from the device quickly. Keep clear of any device that has been ignited, but has yet to go off. . If a firework device has been ignited but fails to go off, stay clear of the device for an extended period of time to prevent injury due to delayed activation. Soak the device in water before handling it. . Never place any part of your body, especially your head, over the firework device when lighting. Approach the item from the side and light while keeping your body away from the item. . Never relight malfunctioning fireworks. Report any defects back to the seller or the Consumer Product Safety Commission. . Never experiment with fireworks, make your own fireworks, or alter fireworks in any manner (a strong federal prohibition exists for such activity). '\ State Fire Marshal Fireworks Fact Sheet April 30, 2002 www.fire.state.mn.us Page 4 of 6 Questions: firecode@state.mn.us / Background on Fireworks Statutory Requirements Requirements for fireworks can be broken down into two broad categories: Display fireworks - 1.3G (old name was special or class B fireworks) are the large fireworks used by trained and licensed operators and are typical of what you would see presented each evening at the Taste of Minnesota or at the Minnesota State Fair. Possession and use of these display fireworks by state certified operators is covered under Minn. Stat. 624, and is not impacted by the recent law change. Consumer fireworks - 1.4G (old name was common or class C fireworks) are small fireworks intended for public use. Prior to April 30, 2002, Minnesota Statute 624.21 prohibited all forms of consumer fireworks except for toy pistols and caps. The recent law change has added an additional exception to this statute: -' (c) The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glowworms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is not permitted on public property. This paragraph does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be verified by photographic identification. Thus, the items listed in (c) above are no longer considered "fireworks" for purposes of Minnesota Statute 624.20 and 624.21 and no longer require use only by state certified operators. This allows the public to use these fireworks without a permit and without a certified operator. Fireworks not included in this new language still fall under the requirements for a permit and certified operator. All consumer fireworks sold in the US must meet the requirements of the three main federal government agencies that control fireworks: (1) The Consumer Product Safety Commission in 16 CFR 1500 and 16 CFR 1507 provides standards for the safe construction, labeling and performance of fireworks (Le. prevention of accidental ignition or tipping during use). The CPSC also enforces a list of prohibited fireworks such as M-80's and others. (2) The Department of Transportation 49 CFR 170-173 defines consumer 1.4G fireworks and contains requirements for transportation. labeling and shipment of fireworks. The DOT adopts by reference American Pyrotechnics Association (APA) Standard 87-1 Standard for Construction and Approval For Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics. This is the main document that defines different types of fireworks, their allowable composition (weight of chemical composition) and construction. (3) Finally, the Bureau of Alcohol Tobacco and Firearms enforces requirements relating to the explosives nature of fireworks [27 CFR 55], such as separation distances for storage and manufacturing. '\ '- _/ State Fire Marshal Fireworks Fact Sheet April 30, 2002 www.fire.state.mn.us Page 5 of 6 Questions: firecode@state.mn.us Information for retailers of fireworks Here is a summary of information relating to retail sale of fireworks in Minnesota: . Retailers should check with the local governmental entity where sales are contemplated for any additional requirements that may apply (Le. business licenses, zoning or permits). . No permit or license is necessary from the State Fire Marshal Division for sale, possession or use of fireworks exempted from Minnesota Statute 624.20, although one my be required locally. . Strict adherence to state fireworks laws, especially Minn. Stat. 624.20 (c), is encouraged and expected. . Operating outside the exception provided by Minn. Stat 624.20 (c) for sale, possession and use of fireworks is addressed in the criminal statutes of Minn. Stat. 624.20 to 624.25. According to Minn. Stat. 624.25, violations are addressed as follows: Any person violating the provisions of sections 624.20 to 624.24 may be sentenced as follows: 1. if the violation involves explosive fireworks in an amount of 35 pounds gross container weight or more, to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both; 2. if the violation involves explosive fireworks in an amount of less than 35 pounds gross container weight, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both; and 3. if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both. . Purchasers of legal fireworks must be at least 18 years old. Minn. Stat. 624.20 (c) requires that retailers verify age though presentation of photographic identification by the purchaser. . The Minnesota Uniform Fire Code is adopted statewide and has provisions relating to fireworks. Retailers are encouraged to be familiar with the requirements in the Fire Code since they apply to legal fireworks. . Smoking is not allowed in areas used for retail sale or storage of fireworks [reference: MUFC (1998) Section 1109.4.1]. . There are no provisions in the new language of Minn. Stat. 624.20 (c) that limit or prohibit advertising or mail order sales for legal fireworks. Permitted advertising and mail order sales, however, are limited to fireworks legalized by Minn. Stat. 624.20 (c) since other fireworks are still not legal for personal sale, possession or use. J State Fire Marshal Fireworks Fact Sheet April 3D, 2002 www.fire.state.mn.us Page 6 of 6 Questions: firecode@state.mn.us S.F No. 2960, 2nd Engrossment Page 1 of 1 / legislature Homo I Surch I Help llinke to tho World I ~ . KEY: ii:tri..-J,9R. = old language to be removed underscored = new language to be added NOTE: If you cannot see any difference in the key above, you need to change the display of stricken and/or underscored language. Authors and Status · List versions S.F No. 2960, 2nd Engrossment: 82nd Legislative Session (2001-2002) Posted on Apr 23,2002 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 A bill for an act relating to public safety; modifying the definition of fireworks; amending Minnesota statutes 2000, section 624.20, subdivision 1. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota statutes 2000, section 624.20, subdivision 1, is amended to read: Subdivision 1. ~ As used in sections 624.20 to 624.25, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified in paraqraph (c), or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. (b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture. (c) The term also does not include wire or wood sparklers of not more than 100 qrams of mixture per item, other sparklinq items which are nonexplosive and nonaerial and contain 75 qrams or less of chemical mixture per tube or a total of 200 qrams or less for multiple tubes, snakes and qlow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, strinq poppers, snappers, and drop pops, each consistinq of not more than twenty-five hundredths qrains of explosive mixture. The use of items listed in this paraqraph is not permitted on public property. This paraqraph does not authorize the purchase of items listed in it by persons younqer than 18 years of aqe. The aqe of a purchaser of items listed in this paraqraph must be verified by photoqraphic identification. Sec. 2. [EFFECTIVE DATE.] section 1 is effective the day followinq final enactment. http://www.revisor.1eg.state.mn.us/cgi-bin/getbill.pl ?sessi on=ls82&version=latest&numbe... 10/7/2002 l Minnesota Statutes 2002, Chapter 624. // Co~t 2002 by the Office of Revisor of Statut ~tate of Minnesota. ==624. Ol~ 624.01 Repeale , 1995 c 186 s 10 ==624.02 624.02 ==624.03 624.03 Repealed, 1975 186 ~3 ==624.04 ". 624.04 f process on the~abbath prohibited. ~ legal process upon the~abbath day, except in case of a b each or apprehended breach of~e peace, or when sued out for he apprehension of a person charged with crime, or where such ervice is expressly authorized by st~te, is hereby prohibit/. ~ HI:;:/. (10237) RL s 4983 ==624.20 624.20 Fireworks. Subdivision 1. (al As used in sections 624.20 to 624.25, the term "fireworks" means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other than those specified in paragraph (cl, or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. (b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture. \ / (cl The term also does not include wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. The use of items listed in this paragraph is not permitted on public property. This paragraph does not authorize the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of items listed in this paragraph must be verified by photographic identification. http://www.revisor.1eg.state.mn.us/cgi-bin/getstatchap.pI Page 1 of36 10/7/2002 Subd. 2. As used in sections 624.20 to 624.25, the term "explosive fireworks" means any fireworks that contain pyrotechnic or flash powder, gunpowder, black powder, or any other explosive compound constructed to produce detonation or deflagration. HIST: 1941 c 125 s 1; 1988 c 584 s 2; 2002 c 350 s 1 ==624.21 624.21 Sale, possession, and use of fireworks prohibited. Except as otherwise provided in sections 624.20 to 624.25, it shall be unlawful for any person to offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use, or explode any fireworks. This section shall not be construed to prohibit the possession, use, or explosion of fireworks by an engineer licensed pursuant to sections 326.02 and 326.03 or a person under the engineer's direct supervision when undertaking acoustical testing; or sales at wholesale to those persons holding valid permits for a fireworks display from a governmental subdivision of the state; or sales outside the state or sales to licensed professional engineers for acoustical testing purposes only. HIST: 1941 c 125 s 2; 1963 c 818 s 1; 1982 c 440 s 1; 1988 c 584 s 3; 1994 c 636 art 5 s 17 ==624.22 624.22 Fireworks displays; permit; operator certification. Subdivision 1. General requirements; permit; investigation; fee. (a) Sections 624.20 to 624.25 do not prohibit the supervised display of fireworks by a statutory or home rule charter city, fair association, amusement park, or other organization, except that: (1) a fireworks display may be conducted only when supervised by an operator certified by the state fire marshal; and (2) a fireworks display must either be given by a municipality or fair association within its own limits, or by any other organization, whether public or private, only after a permit for the display has first been secured. (b) An application for a permit must be made in writing to the municipal clerk at least 15 days in advance of the date of the display and must list the name of an operator who is certified by the state fire marshal and will supervise the display. The application must be promptly referred to the chief of the fire department, who shall make an investigation to determine whether the operator of the display is competent and is certified by the state fire marshal, and whether the display is of such a character and is to be so located, discharged, or fired that it will not be hazardous to property or endanger any / person. The fire chief shall report the results of this investigation to the clerk. If the fire chief reports that the operator is certified, that in the chief's opinion the operator http://www.revisor.Ieg.state.mn.us/cgi-bin!getstatchap.pI Page 2 of36 10/7/2002 is competent, and that the fireworks display as planned will conform to the safety guidelines of the state fire marshal provided for in paragraph (e), the clerk shall issue a permit for the display when the applicant pays a permit fee. (c) When the supervised fireworks display for which a permit is sought is to be held outside the limits of an incorporated municipality, the application must be made to the county auditor, and the auditor shall perform duties imposed by sections 624.20 to 624.25 upon the clerk of the municipality. When an application is made to the auditor, the county sheriff shall perform the duties imposed on the fire chief of the municipality by sections 624.20 to 624.25. (d) After a permit has been granted, sales, possession, use and distribution of fireworks for a display are lawful for that purpose only. A permit is not transferable. (e) The state fire marshal shall adopt and disseminate to political subdivisions rules establishing guidelines on fireworks display safety that are consistent with sections 624.20 to 624.25 and the most recent editions of the Minnesota Uniform Fire Code and the National Fire Protection Association standards, to insure that fireworks displays are given safely. In the guidelines, the state fire marshal shall allow political subdivisions to exempt the use of relatively safe fireworks for theatrical special effects, ceremonial occasions, and other limited purposes, as determined by the state fire marshal. Subd. 2. operator certification requirements. (a) An applicant to be a supervising operator of a fireworks display shall meet the requirements of this subdivision before the applicant is certified by the state fire marshal. (b) An applicant must be at least 21 years old. (c) An applicant must have completed a written examination, administered or approved by the state fire marshal, and achieved a passing score of at least 70 percent. The state fire marshal must be satisfied that achieving a passing score on the examination satisfactorily demonstrates the applicant's knowledge of statutes, codes, and nationally recognized standards concerning safe practices for the discharge and display of fireworks. (d) An applicant shall apply in writing to the state fire marshal by completing and signing an application form provided by the state fire marshal. (e) An applicant shall submit evidence of experience, which must include active participation as an assistant or operator in the performance of at least five fireworks displays, at least one of which must have occurred in the current or preceding year. Subd. 3. certification application; fee. An applicant shall submit a completed initial application form including references and evidence of experience and successful J completion of the written examination. Applicants shall pay a certification fee of $100 to the state fire marshal division of the department of public safety. The state fire marshal shall http://www.revisor.Ieg.state.mn.us/cgi-bin/getstatchap.pl Page 3 of 36 10/7/2002 ''0 review the application and send to the applicant written confirmation or denial of certification within 30 days of receipt of the application. certification is valid for a period of four years from the date of issuance. J Subd. 4. Classification. When an applicant has met the requirements of subdivisions 2 and 3, the state fire marshal shall certify and classify the operator for supervising proximate audience displays, including indoor fireworks displays, for supervising traditional outdoor fireworks displays, or for supervising both types of displays, based on the operator's documented experience. Subd. 5. Responsibilities of operator. The operator is responsible for ensuring the fireworks display is organized and operated in accordance with the state fire marshal's guidelines described in subdivision 1. Subd. 6. Reports. (a) The certified operator shall submit a written report to the state fire marshal within ten days following a fireworks display conducted by the operator if any of the following occurred: (1) an injury to any person resulting from the display of fireworks; (2) a fire or damage to property resulting from the display of fireworks; or J (3) an unsafe or defective pyrotechnic product or equipment was used or observed. (b) The certified operator shall submit a written report to the state fire marshal within 30 days following any other fireworks displays supervised by the operator. (c) The state fire marshal may require other information from operators relating to fireworks displays. Subd. 7. operator certification renewal. An applicant shall submit a completed renewal application form prepared and provided by the state fire marshal, which must include at least the dates, locations, and authorities issuing the permits for at least three fireworks displays participated in or supervised by the applicant and conducted during the past four years. An applicant shall pay a certification renewal fee of $100 to the state fire marshal division of the department of public safety. The state fire marshal shall review the application and send to the applicant written confirmation or denial of certification renewal within 30 days of receipt of the application. certification is valid for a period of four years from the date of issuance. Subd. 8. suspension, revocation, or refusal to renew certification. The state fire marshal may suspend, revoke, or refuse to renew certification of an operator if the operator has: ; (1) submitted a fraudulent application; (2) caused or permitted a fire or safety hazard to exist or http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pI Page 4 ot:30 101712002 occur during the storage, transportation, handling, preparation, or use of fireworks; , (3) conducted a display of fireworks without receipt of a permit required by the state or a political subdivision; (4) conducted a display of fireworks with assistants who were not at least 18 years of age, properly instructed, and continually supervised; or (5) otherwise failed to comply with any federal or state law or regulation, or the guidelines, relating to fireworks. Subd. 9. Database. The commissioner of public safety shall maintain a database of the information required under this section for purposes of (1) law enforcement, (2) investigative inquiries made under subdivision 1, and (3) the accumulation and statistical analysis of information relative to fireworks displays. HIST: 1941 c 125 s 3; 1973 c 123 art 5 s 7; 1985 c 248 s 70; 1986 c 444; 1995 c 226 art 4 s 23; 1997 c 187 art 1 s 23 ==624.221 624.221 Exemptions for license or permit holder. sections 624.20, 624.21, and 624.23 to 624.25 do not apply to: (a) the holders of a federal explosives license or permit ;' issued pursuant to united States Code, title 18, chapter 40, or their agents when the holder or agent is acting in compliance with the conditions of licensure; or (b) the holders of permits issued pursuant to section 624.22 or their agents, from the date of issuance until 20 days after the date of exhibition authorized by the permit, when the holder or agent is acting in compliance with the conditions of the permit and section 624.22. HIST: 1988 c 584 s 4 ==624.23 624.23 Construction of sections 624.20 to 624.25. Nothing in sections 624.20 to 624.25 shall be construed to prohibit any resident wholesaler, dealer, or jobber, from possessing or selling at wholesale fireworks which are not prohibited; or the possession or sale of any kind of fireworks for shipment directly out of the state; or the possession or use of fireworks by airplanes and railroads, or other transportation agencies for signal purposes or illumination; or the possession, sale, or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations or for use as a bird or animal repelling device. HIST: 1941 c 125 s 4; 1971 c 710 s 1; 1988 c 584 s 5 ==624.24 http://www.revisor.leg.state.mn.us/cgi-bin!getstatchap.pl Page 5 of 36 10/712002 Page 6 of 36 624.24 Officers may seize illegal fireworks. The state fire marshal, or any sheriff, police officer, constable, or local fire marshal, shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of sections 624.20 to 624.25. HIST: 1941 c 125 s 5 ==624.25 624.25 Violation. Any person violating the provisions of sections 624.20 to 624.24 may be sentenced as follows: (1) if the violation involves explosive fireworks in an amount of 35 pounds gross container weight or more, to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both; (2) if the violation involves explosive fireworks in an amount of less than 35 pounds gross container weight, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both; and (3) if the violation involves any amount of fireworks other than explosive fireworks, to imprisonment for not more than 90 days, or to payment of a fine of not more than $700, or both. I HIST: 1941 c 125 s 6; 1988 c 584 s 6 30 6 .30 Manufacture prohibJ. ed. __,or' /,...-'" and distribution of tokens, when _....~- ;,;F--'" ,.... ..- The manu cture, sale, offering for sale{'advertising for sale, or distJSibution of tokens, check's,.,/6r slugs similar in size and shape 'to lawful coin of the~nited states with knowledge or rea)~to believe thq~'~uch tokens, checks, or slugs may be used 'n substitut~o~ for any such lawful coin in any vending machine, parkin~meter, service meter, coin box telephone, or other cqin receptacle designed to receive or be operated only by lawful..-coin of the United states in connection with the sale, use, ~~njoyment of property, privilege, or "O~:::: ::4:0;::~P:O:i",~ ==624.31 / .... 624.3}/Restrictions as to Sii~f tokens. ,- No pe~son shall manufacture, sell, or offer for sale or distribute any checks, tokens, or slugs~nless they shall be either five percent larger or five percen smaller in diameter thap any lawful coin of the United states. --HIST: 1941 c 132 s 2 ... ==624.32 http://www.revisor.leg.state.mn.us/cgi-bin/getstatchap.pI 10/7/2002 "\ , / @ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US FROM: Mayor and Council members John Erar, City Administrato~ Will Neumeister, Community bevelopment Directo~ TO: CC: SUBJECT: Consider Amendment to Comprehensive Plan/Change Commercial to Low Density Residential-- . Planning DATE: November 6, 2002 INTRODUCTION The proposed change is considered a minor amendment of the Comprehensive Plan due to the size being less than 40 acres. The City has developed a master plan for the area known as "Andover Station North" and is recommending that the land use plan be amended to reflect a transitional area of low density residential between the existing residential area and the new commercial development that is expected. DISCUSSION The area that is proposed to be changed to low density residential is fifteen acres in size (see attached map). Due to the amount of trees on the property and its location relative to the existing single family neighborhood to the west, it is recommended that this change be made so that this area would become the area of transition from the existing single family neighborhood. It is anticipated that there would be a future development in this area that would respect the existing wetland boundary and also save as many of the existing trees as possible. / In minor plan amendments such as this, the Metropolitan Council requires a summary be submitted explaining the proposed change and potential impacts to Metropolitan systems. They have reviewed the proposed land use change and do not have any objection to the change based on no major system impacts being created from the change (see attachment). Planning Commission Recommendation The Planning Commission unanimously recommended approval. ACTION REOUESTED Staff requests the Council approve the suggested changes to the Comprehensive Land Use Plan to change the land use from General Commercial (GC) to Urban Residential Low Density (URL) for the fifteen acre area located generally north of POV's sports bar shown on the attached map. The basis of the change is explained in the paragraph above and also appears in the proposed resolution approving the change. Respectfully submitted, ~ Will Neumeister Attachments Comprehensive Plan--Land Use Map (showing change) Resolution Letter from Metropolitan Council -' Planning Commission Minutes Cc: Brad Povlitzki, 7762 Lakeview Lane NE, Spring Lake Park, MN 55432 Comprehensive Plan Amendment General Commercial (GC) to Urban Residential Low Density (URL) / GC - General Commercial URL - Urban Residential Low Density URM - Urban Residential Medium Density URH - Urban Residential High Density LC - Limited Commercial OS - Open Space P - Public , W~E . -20- Andover Planning CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R- AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER, TO CHANGE THE LAND USE GUIDING OF LAND FROM GENERAL COMMERCIAL (GC) TO URBAN RESIDENTIAL LOW DENSITY (URL). The City of Andover does ordain that Comprehensive Land Use Plan be amended for the land legally described as follows: The northwest quarter of the southwest quarter of the northeast quarter of Section 34, Township 32, Range 24; and also, the north half of the northeast quarter of the southwest quarter of the northeast quarter of Section 34, Township 32, Range 24; all located in Anoka County, Minnesota. WHEREAS, the Planning Commission has reviewed the land use guiding of the parcels described above and recommend that the land1<lse plan be amended to change the guiding of the land from General Commercial to Low Density Residential; and WHEREAS, the basis for the change in land use is that the Economic Development Authority has prepared a master plan for the redevelopment area known as Andover Station North; and WHEREAS, the master plan for the area shows that there is a need for a buffer area of low density residential to be located to the westerly edge of the commercial area known as Andover Station North. NOW THEREFORE BE IT RESOLVED, THAT THE LAND USE GUIDING OF THE AREAS DESCRIBED ABOVE BE CHANGED FROM GENERAL COMMERCIAL (GC) TO URBAN RESIDENTIAL LOW DENSITY (URL): ' .. .,. Adopted by the City Council of the City of Andover this 15th day of October, 2002. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk -3- ~ Metropolitan Council Building communities that work " / RECEIVED September 23, 2002 ''''p ,)t., 25 7nr['? Lu ..h. Will Neumeister, Community Development Director City of Andover 1685 Crosstown Blvd. Andover, MN 55304 CITY OF ANDOVER RE: City of Andover _ Comprehensive Plan Amendment - Andover North Station Metropolitan Council District 9 (Natalie Haas Steffen, (763)-753-4298) Referral File No. 18158-6 Dear Mr. Neumeister: Metropolitan Council staff reviewed the Andover North Station comprehensive plan amendment, received by the Council on September 9, 2002. The amendment proposes to change the land use of a 15 acres parcel from General Commercial (GC) to Urban Residential Low Density (URL). The parcel is located north of the intersection of Bunker Lake Blvd. and Jay Street in Andover. Council staff has determined that the proposed amendment has no potential impacts upon any of the Metropolitan System Plans. Therefore, the city may place the amendment into effect immediately. / However, the city should be aware that the Council is concemed about the potential impact of this amendment on its affordable housing goals. A letter detailing these concerns will be sent under separate cover by Guy Peterson, Metropolitan Council Planning Analyst. Because the proposed amendment appears unlikely to affect policies and plans in other chapters of the Metropolitan Development Guide, the Council will waive further review and comment on this amendment. The amendment, explanatory materials supplied, and the information submission form will be appended to the city's plan in the Council's files. If you have any questions about the above information or the review process, please contact Vicki Spragg, Principal Reviewer, at 651-602-1478. Sincerely, ~~ Phyllis anson, Manager Planning and Technical Assistance Cc: Natalie Haas Steffen, Council District 9 Vicki Spragg, Principal Reviewer and Sector Representative Solveig Berg, GIS Specialist, with Plan Copy Cheryl Olsen, Referrals Coordinator Guy Peterson, Planning Analyst V:\LIBRAR"\''\CO!\.iMUNiJV'.,.RF.rrm.1Z:\L....l.ET'i LRS\.2C02 Li:trcr~\ __\ndm~! CPA .\n..lt.\yer Stamm 't'L,rrh !S15~~(,.do~ www.metrocouncU.org -1- Metro Info Line 602-1888 230 East Fifth Street . St. Paul. Minnesota 55101-1626 . (651) 602-1000 . Fax 602-1550 . TrY 291-0904 An. Equal. Opportunity Employer Regular Andover Planning and Zoning Commission Meeting Minutes - September 10, 2002 Page 3 . / airperson Squires stated they do not have the authority to attach conditions to the van ceo He stated he was not clear on some information in the letter Mr. Beberg to the . . He asked Mr. Beberg what the plans were for the retaining wall. Mr eberg stated ther . currently a four-foot retaining wall on the comer of Grouse stre and it is in the right-o - ay and the intersection site above his property at that co . He stated if the fence were loc ed next to the retaining wall, a person would be ab to use the retaining wall to jum ver the fence. He stated they wanted to 10 e the fence further away from the retaining 11 to prevent this. Mr. Bednarz asked Mr. Beberg ifthi ould be a ought iron fence. Mr. Beberg stated that it is actually a black steel fe . Mr. Bednarz sta a lot oftimes they see an aluminum product for the fe because it does not rust it lasts longer. He stated ornamental might be mor ppropriate. .I Commissioner G ache asked if they should specify ornamental as fined by the Cities definition of 0 amental as they used in the previous ordinance for R-l. stated he d be comfortable with that. ednarz stated that this item would be before the Council at the October 1,2 ouncil meeting. IC HEARING: CONSIDER ESTABLISHING BUNKER LAKE B NING DISTRICT. . was pulled from the agenda. The Commission did not take any action. .. PUBLIC HEARING: COMPREHENSWE PLAN AMENDMENT (02-04) TO CHANGE THE LAND USE DESIGNATION FROM GENERAL COMMERCIAL TO LOW DENSITY RESIDENTIAL FOR PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF BUNKER LAKE BOULEVARD AND HANSON BOULEVARD. . J -~- Regular Andover Planning and Zoning Commission Meeting Minutes - September 10, 2002 Page 4 / Mr. Bednarz explained the Comprehensive Land Use Plan of the City of Andover was adopted in December of 2001. As required by State Statute, any proposed changes to the Land Use Plan shall be reviewed at a public hearing and approved by the local elected officials. The proposed change is considered a minor amendment of the Comprehensive Plan due to the size being less than 40 acres. The City has developed a master plan for the area known as "Andover Station North" and is recommending that the land use plan be amended to reflect a transitional area of low density residential between the existing residential area and the new commercial development that is expected. Commissioner Kirchoff asked if less than half of the property is buildable. Mr. Bednarz stated the majority of the area is already developed. He showed the Commission the areas that are already developed. / Commissioner Greenwald asked if 139th Avenue would connect over to the Jay Street Connection, because if they build an urban low density residential, it would change the dynamics of the existing area. Mr. Bednarz stated there was going to be discussion regarding the pros and cons of making a connection from that neighborhood to this development. He stated there would likely be a connection to the low-density neighborhood, but he did not know if it would go all the way through to the commercial property. Commissioner Greenwald asked what urban low density residential was. Mr. Bednarz stated it is single-family housing. He stated the west side of the property contains some mature tree stands and wetland areas as opposed to open fields. Commissioner Greenwald asked what was proposed for the urban residential high density area. Mr. Bednarz stated this was unknown and may be an opportunity to blend the high and low density areas together to create a more integrated project. Commissioner Kirchoff stated if this is a high density, they might want to look at the two connections. Mr. Bednarz stated these are the types of issues they would talk about with a developer when a proposal is brought forward. Commissioner Greenwald asked who owned the fifteen-acre land. Mr. Bednarz stated Pov's owns it and the City owns the high-density area often acres. Commissioner Greenwald asked ifPov's knew about the Cities plans to rezone the property. Mr. Bednarz stated they did. Chairperson Squires stated the City has the right to rezone property whether the property owner agrees or not. Mr. Bednarz stated Pov's was contacted and is amenable to this change. Motion by Gamache, seconded by Kirchoff, to open the public hearing at 8:29 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Wesley Silinger, 13959 Nightingale Street stated he was not notified about this but was wondering what the City had in mind with the development. He wanted to know if this would be single-family and townhomes and not rental. Mr. Bednarz stated as far as he knew the City was not going to sell the property for a rental project. Mr. Silinger -6- Regular Andover Planning and Zoning Commission Meeting Minutes - September 10, 2002 Page 5 / asked if the City would sell the property to current residents in order to keep it undeveloped. Mr. Bednarz stated that if there are individuals interested in buying property, the EDA does own the property and the party should contact City Hall and let them know there is interest. He stated from a planning staff view, the City has spent a lot oftime and energy and money in reclaiming the property and getting it back to a state in which it could be developed and now is the time to recoup that investment. Mr. Silinger asked if the City wanted to reguide just the Pov's area. Mr. Bednarz stated this was true and that the City wanted to reguide the property from commercial to low density. Mr. Silinger asked what the definition of low density residential is. Bednarz stated low density residential is single-family housing of zero to four units per acre. Motion by Daninger, seconded by Kirchoff, to close the public hearing at 8:33 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Gamache stated he sees the ball field being put where the fence is. How far from the fence are they. The dashed line on the plan was not the fence, it was the building setback line from the former landfill. Commissioner Daninger asked if there were any updates on the utility substation. Mr. Bednarz stated he has not heard anything new regarding this. Chairperson Squires stated as far as the neighbors are concerned to change this to urban low density residential in conjunction with the residential use to the north is a good buffer, without this they would have general commercial butting up to residential which is not idea. Motion by Gamache, seconded by Kirchoff, to recommend to the City Council the changes to the Comprehensive Plan Amendment 02-04 to change the land use designation from general commercial to low density residential for property located northwest of the intersection of Bunker Lake Boulevard and Hanson Boulevard. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Greenwald asked if it is contingent on the Met Council approval. Mr. Bednarz stated this is a minor plan amendment that the Met Council is aware of and the Council could approve this even while the Met Council is reviewing this. Mr. Bednarz stated that this item would be before the Council at the October 1,2002 City Council meeting. -7~ @ , CITY OF ANDOVER ) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US SUBJECT: Mayor and Councilmembers John Erar, City Administrator I Will Neumeister, Community Development Director~ Courtney Bednarz, City Planne't Consider Sketch Plan/Woodland Creek Golf Course Villas - Planning TO: CC: FROM: DATE: November 6, 2002 INTRODUCTION The City Council is asked to review a sketch plan for a housing development containing 11 urban residential lots. / Review Criteria Ordinance 10, Section 6 outlines the requirements for sketch plan review. The Council is asked to informally advise the subdivider of the extent to which the plan conforms to the Comprehensive Plan, design standards of city, county, state and federal agencies and possible modification necessary to secure approval of the plan. Submission of a sketch plan does not constitute formal filing of a plat. DISCUSSION Conformance with Local and Regional Plans and Ordinances The proposed site is designated Urban Residential Low Density in the Comprehensive Plan which carries a maximum density of four units per acre. The proposed housing development would have a density of3.96 units per acre. 1. The property is located outside the Metropolitan Urban Service Area (MUSA). A minor Comprehensive Plan Amendment would be necessary to allow the project to move forward. 2. The property is currently zoned Single Family Urban Residential (R-4) which carries a minimum lot width of 80 feet and a minimum lot size of 11,400 square feet. The proposed project would require Planned Unit Development Review to reduce the lot sizes and building setbacks from the typical R-4 standards. Planned Unit Development Review Ordinance 112 provides the requirements for Planned Unit Development review. This ordinance requires proposals to meet the following criteria: 1. Attaining a higher standard of site design and development that cannot be accomplished under strict adherence to development ordinance provisions. \ 2. The preservation and enhancement of desirable site characteristics such as natural topography, woodlands, geologic features and the prevention of soil erosion; 3. A more efficient use ofland resulting in smaller networks of utilities and streets thereby lowering the development costs and public investments; 4. A development pattern in harmony with the Andover Comprehensive Plan. (PUD is not a means to vary applicable planning and zoning principles.) The proposed project area is currently open space that contains a utility building, picnic shelter and general storage. The area is divided from the adjacent City park and residential properties to the northwest with a significant amount of trees and vegetation (see attached photographs). The proposed project is a one level luxury single family development with over 2,200 square feet of finished living space per dwelling. This is a different type of housing that can help to achieve the life cycle housing goal called for in the City's Comprehensive Plan. Staff believes a slightly reduced lot size is appropriate for this type of housing. The proposed lots are large enough to accommodate a significant rambler style structure without wasting space. With some modification, a higher standard of site design can be achieved. As drawn, the sketch varies from the typical R-4 standards to gain an additional lot. It is staffs view that one unit should be removed and that the space gained should be used to increase the distance between the first unit and the parking area and from the last unit to the single family lots to the northwest. This adjustment can help buffer the proposed development from adjacent residential properties and retain space for potential future expansion of the golf course parking area and clubhouse. The adjustment will allow the proposed housing development to attain a higher standard of site design without inappropriately using Planned Unit Development Review to gain additional units. An opportunity exists to enhance the natural site characteristics by maintaining some of the open space through utilization of a smaller lot size complemented with well-executed landscape design. WitTrout Planned Unit Development Review Strict adherence to the R-4 standards would not preclude this development. With one lot removed and 2.5 feet oflot depth added, the development could meet the standard R-4 requirements Planning Commission Recommendation The Planning Commission was divided on whether Planned Unit Development Review should be used to allow the slightly reduced lot size or whether the proposed development should strictly adhere to the R-4 Zoning Standards. A motion to recommend the project conform to the R-4 requirements and not be allowed to utilize Planned Unit Development Review failed with a 2-3 vote (2 absent). Please see the attached minutes for the discussion. 2 '\ Access The proposed project would be provided access from South Coon Creek Drive as indicated on the attached sketch plan. This would require reconstructing the existing driveway to the golf course to typical urban street standards. The driveway currently exists within a 60 foot wide access easement through the City park. The roadway would continue into the site and terminate in a cul-de-sac. The total length of the street would be approximately 720 feet which would require a variance to the 500 foot maximum cul-de-sac length. Staff would support a variance to the 500 foot maximum length due to the fact that there is no feasible way to loop the street back out to South Coon Creek Drive and the remaining developable land could not be accessed. Also, reducing the length of the street to 500 would minimize the space between the first unit and the parking area. Adjacent Residential Properties There are residential properties to the northwest of the proposed development. The owners of the first two properties have indicated that they are opposed to the proposed development. It is staff s view that the property rights of all property owners can be respected by adjusting the project as outlined above and without infringing on the property rights of the applicant. Utilities The Sanitary Sewer exists uphill along South Coon Creek Drive at a depth of approximately 3 feet. A lift station would be necessary to provide municipal sanitary sewer service to the property. It should be noted that the clubhouse could also be served with sanitary sewer. Water service can be provided to the property without difficulty. Staff would suggest that the water line be looped to ensure adequate pressure and acceptable water quality. Park and Recreation Commission Comments At their October 17th meeting the Park and Recreation Commission discussed the fact that park dedication for the property had already been satisfied as a part of the Woodland Creek development. A trail fee will be required to be paid for each unit. (See attached minutes). ACTION REQUIRED The City Council is asked to informally advise the applicant on adjustments to the proposed project to conform with local ordinances and review criteria. Attachments Location Map Photographs of Site Sketch Plan (Full size in Packet) Aerial Photograph (llx17 in Packet) Elevations and Floor Plan of Proposed Structures (11x17 in packet) Planning Conimission Minutes Park Commission Minutes ~~ Cc: Olvan Properties, P.O. Box 67, Forest Lake, MN 55025 3 Woodland Creek Golf Villas Sketch Plan '- u ~ ~ 1.4811 ,- / -;-'-r- --1 ;:~i~~i-- - ~ "" ~ .,~ ~1 I=' .-'-- """ - - g - "-= - ~ ...11..... ...."...... - -::;-:::;; -- ...', M- .~:;J J~,~ ~ .. f;;j ~f- ~ 1.4535 ~ ~~ ~ I-=- _...... ~ ; ~~ ~ "" - - ".. ~ "" 14440 .... "" " "" '''521 ~ ....._ ~ 3 ... -- -- .....,~ 344 _10 ..."...n .- - .... ......,.. ........ .:;:; ~;:: 355Il Jot 3301"; = = ::: - - - - - - ~f~ · ~ :::: - ~~ :: ~~ ~i'~:' -: '~~: ~~~ ~ / """ ~ Y!~" '$ :: :::: : !I : ~ M'" iff...; !i'~<;; A.. :: -;: :: : ~ '"'' "TI,<JM "'- - - - - ~- ,,4, ~ g~~lnh~".1 \ I = -- %:............. ""'!T. ~~..~.~ ~ M"" ~ "'" I I I I I III I ,,,,. "'" ~ ~ ,.: ~ . = . ~~:- ~"" "~! !'Q'! !~_:: :':',) M'" ~. 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Utility and picnic structures are visible. \ I 1 . ... j "--j Photo Two: -5- ,- - Photo Three: View from west end of proposed housing development looking east '. / -, Photo Four: View from the east end of the proposed housing development looking west. -6- Photo Five: View from south end of proposed housing development looking north / '- -' Photo Six: View from south end of proposed housing development looking northwest -7- Regular Andover Planning and Zoning Commission Meeting Minutes - October 8, 2002 Page 7 / Motion by Gamache, seconded by Kirchoff, to close the public hearing at 7 :31 p.m. Motion carried on a 5-ayes, I-nays (Daninger), I-absent vote. Commissioner Kirchoff stated that looking at some of the issues brought forward the last time this was before them, there was a lot of concerns from the neighborhood and he wanted to commend the developers for coming forward with this proposal because it seems to alleviate all the concerns in the neighbor. It has minimized what can be done and still makes some good use of this property. Commissioner Kirchoff stated he liked the looks of the plans. Commissioner Falk stated he agreed that they had a very good plan because the previous plan was very dense and this one is not. Motion by Greenwald, seconded by Larsen, to recommend to the City Council approval of Resolution No. --' approving the Preliminary Plat of a single family residential development to be known as Foxburgh Crossing for Grand Teton Development on property located at 1703, 1663 and 1653 Andover Boulevard. Motion carried on a 5- ayes, I-nays (Daninger), I-absent vote. Commissioner Greenwald stated it said somewhere that they would be required to move trees, if need be and he asked if the couldn't just take a tree down and replant new ones, because some of them were pretty large. Mr. Bednarz stated the developer has indicated they would try to move and save as many trees as possible but some larger trees would be removed. . Mr. Bednarz stated that this item would be before the Council at the October15, 2002 City Council meeting. t- PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR A SINGLE FAMILY DEVELOPMENT TO BE KNOWN AS WOODLAND CREEK GOLF COURSE VILLAS LOCATED AT 3200 SOUTH COON CREEK DRIVE. Mr. Bednarz explained that the Planning Commission is asked to review a sketch plan for a housing development containing 11 urban residential lots. Mr. Bednarz stated the proposed site is designated Urban Residential Low Density in the Comprehensive Plan which carries a maximum density of four units per acre. The proposed housing development would have a density of 3.96 units per acre. He went on to summarize the staff report and indicated the following: 1. The property is located outside the Metropolitan Urban Service Area (MUSA). A minor Comprehensive Plan Amendment will be necessary to allow the project to move forward. / -%- Regular Andover Planning and Zoning Commission Meeting Minutes - October 8, 2002 Page 8 . / 2. The property is currently zoned Single Family Urban Residential (R-4), which carries a minimum lot width of 80 feet and a minimum lot size of 11,400 square feet. The proposed project would require Planned Unit Development Review to reduce the lot sizes and setbacks from the typical R-4 standards. Commissioner Gamache asked if the needed to approve a variance for each lot because they are under square footage and lot width. Mr. Bednarz stated this is not the approach they would propose. If the Commission and Council is amenable to a smaller lot size, that could be achieved by allowing planned unit development review, which essentially would set different standards for this development. Motion by Greenwald, seconded by Larsen, to open the public hearing at 7:39 p.m. Motion carried on a 5-ayes, I-nays (Daninger), I-absent vote. Mr. Gary Thielen, 3324 South Coon Creek Drive stated there were going to be two homeowners properties affected by this. He stated he is concerned with the value of his property and according to the tax assessor; he would have at least a thirty thousand-value loss in his property if this development were to occur. He stated he has been a resident of Andover for fourteen years and he thought they had an Ordinance that stated no two houses by each other can have the same house front and is this one of the many waivers they would need to get in order to get this approved. He stated the road is on private property and he was told many times before that the City couldn't do any thing to I improve the value of someone's property. Mr. Thielen stated they are also talking about putting a restaurant and bar in the clubhouse, which is next to a City park. He stated the lift station is a concern because it is a property value concern. He stated he talked to Mr. Bednarz last week regarding the letter he received regarding the hearing and Mr. Bednarz told him at that time that this was the first he had heard of the development and then at the meeting last night Mr. Bednarz told them the City had been working with them since April. Mr. Bednarz stated that what was indicated on the phone was when they received the proposal, they send out a public notice. Mr. Thielen asked how many projects is he working on now without the residents knowing. Mr. Bednarz stated he gets inquiries daily regarding a variety of properties. Mr. Thielen stated when Mr. Charen had his public hearing on getting permits to add to his house a couple of months ago, obviously they have been working on this since April, a lot of the permits had to be issued over the four month period and why was Mr. Charen not informed at that time of a proposed development going in behind them. Mr. Bednarz stated there was not consideration of a development at that time. . I Mr. Mike Charen, 3336 South Coon Creek Drive, stated he would be the other property directly affected by the rezoning and he also has a golf course lot and if this goes in, they will be directly cut off from the golf course. He is concerned about what this will do to the value of his property. Other concerns are the positioning of the lift station, which will -1- Regular Andover Planning and Zoning Commission Meeting Minutes - October 8, 2002 Page 9 be less than 100 feet away from his property. He stated he has a lot of questions about the sewer being shallow and possibly backing up into his property. Another concern is the traffic increase around his house and disruption of wildlife. When he took his permit out, he would have appreciated a notice of this then. There are other areas on the club property to place the units. The size of the units would create a wall instead of a nice view from his property to the golf course. He stated he did understand development and their concerns in wanting to develop the property, but if this does move forward, he would like some help with property values instead of being cut off. Mr. Jonathan Jasper, 14197 Orchid Street, stated he is in one of the two houses located closest to the development and he has grave concerns regarding this plan. He stated the lots and houses are larger than average for this community and they have a lot invested in where they are living. All the lots are substandard and smaller in size and width than the neighborhood and they are incompatible with the neighborhood. He stated that adding eleven small townhouses that are identical and built on slabs, takes away from that development and takes away the value of development. He stated there is concern with the length of the cul-de-sac and the overall plan of the City. He stated that what they end up with is eleven smaller houses on eleven smaller lots that are going to directly affect the value of their development. Mr. Jasper stated that the meeting last night was very informative and he appreciated it. He stated there were some specific concerns that he raised last night and one was neighbors were concerned about values. He stated he researched the cost of different golf courses with townhomes on them. He stated that townhomes on Majestic Oaks sells for $69 a square foot and if a basement were not included would sell for $139 a square foot on a better golf course. He stated he was told that this would enhance the value of the neighborhood because these would be high-end townhouses but he did not know how they could charge more for their townhouses than a better golf course could. He stated that based on his research today, they cannot meet the evaluations. He stated he did not buy his house only to have a development built by him on the golf course. He stated this was not ~e intention of the original developer on this property. Mr. Ron Vanelli, developer along with Mike Olsen stated they have been in the Golf Course and restaurant business since 1989. He stated that what they are trying to do with Woodland Creek Golf Course is to upgrade and improve the course. He stated they purchased the property this spring and he did not know what the development that was already there was like. He stated their long-term goal is to create a restaurant facility on this property. He stated there is expense involved with this because the original facility was never set up to be used as a restaurant/club house. He stated they wanted to make this a community beacon the community can look up to. He stated that after they were involved for a while, they started to look at the possibilities of upgrading the property and one option that came up was the possibility to put some houses on the golf course. He stated they have gone to considerable expense with surveying. He stated these are not townhomes; they are single-family villa style homes, directed at retired persons. -10- Regular Andover Planning and Zoning Commission Meeting Minutes - October 8, 2002 Page 10 / Acting Chairperson Daninger left the meeting at 8:00 p.m. Commissioner Kirchoff stepped in as Acting Chairperson for the rest of the meeting. Mr. Brian Johnson, Hawkins & Anderson, stated the Villas are laid out on the north edge of the golf course and the entrance that is used for the golf course would be improved and the street installed would be a City designed and installed project and so would the utilities under a public improvement project. The parking lot for the golf course will be improved along with the improvements to the roadway. The utilities, sanitary sewer and water way would hook up in the northeast comer of the existing city park and would require a lift station. He stated the City would design the lift station and install it. The design of the development is very compact for detached townhomes. The setbacks are ten feet to the living areas, six foot to the garage areas, similar to other developments in the City. The public street length is approximately 700 feet. He stated its features would be an association maintained development and the private property would be maintained by the association and there would be standards for building materials and treatments for the exteriors and treatments of the landscaping. He stated the drainage in the City park would be maintained by a pipe system and ponding which would be located to the south side of the project to control the flood elevations and increased runoff from this site. , / Commissioner Greenwald asked for this development to work out, would they need it to be eleven townhomes. He also asked if the street needed to be seven hundred feet in length and where would the lift station be situated. Mr. Johnson stated with the design it would be a single loaded street and there would be eleven units on the street. He stated the city park would never be developed, as far as he knew. The utility costs for this project and the addition of a lift station are unique to this site. In regards to the lift station and speaking to Mr. Haas, if a lift station were placed on the west side, it could be a permanent lift station and a temporary lift station placed on the east side, depending on future decisions by the City Council. Mr. Vanelli stated the driving number is the utilities. Ms. Sharon Harris-Vanelli, Edina Realty, stated in regards to the values of these homes, they would be looking at a unique buyer for these homes. She stated these homes would have a lot of nice amenities which would dictate a little higher price and there would only be a few of them so this would bring the demand up. She stated she did some research on townhomes around other golf courses in the area and they range from $275 to $325 in price. She stated she thought these homes would be very saleable. Commissioner Gamache asked if the homes that have sold are twenty-four foot on slab townhomes. Ms. Harris- V anelli stated most are slab on grade with no basements and most sold have only a two-car garage where these have three car garages. Commissioner Greenwald asked if they have done any valuation studies within the area. Ms. Harris- Vanelli stated that with the homes around the golf course, there is nothing like . / -11- Regular Andover Planning and Zoning Commission Meeting Minutes - October 8, 2002 Page 11 , / this there so it is difficult to find a comparable for this but she thought the market would be there for them. Commissioner Greenwald stated one of the residents that came up would lose $30,000 value in property because no longer would his lot be on the golf course. Ms. Harris- Vanelli stated she did not know, but it is a possibility. Commissioner Larsen asked Ms. Harris- V anelli if she had done some comparables to Majestic Oaks or other golf courses. Ms. Harris-Vanelli stated she had done some comparables on Majestic Oaks and other areas in the area such as Ham Lake. Mr. Byron Westlund, Woodland Development Corporation, stated the cost per square foot is not what Mr. Jasper indicated, he stated they are well over $100 per square foot ~ and does not include the lot. He stated that Mr. Bednarz has done an excellent job and he ~ called on him many times for advise on properties. He stated he is not for or against the development. He stated that the residents have issues about property values but the golf course owner also has the right to use their property as they see fit. / Mr. Mike Olsen, part owner of the golf course, stated when they designed this unit, they took into consideration everything around the golf course. They tried to design a unit that would be compatible with all the houses around the golf course. He showed a sketch of the units proposed. He stated that with a well-designed landscape plan for all the units, it will not look like a row of villas and they feel this would be a nice addition to the community. Commissioner Greenwald asked if this design is like the ones they developed in Forest Lake. Mr. Olsen stated it is not and this plan is original to this development. Commissioner Larsen asked where the proposed restaurant would be in respect to the plan. Mr. Olsen stated it would remain in the same clubhouse and they are looking at remodeling. Commissioner Greenwald stated he liked the looks of the units. Mr. Vanelli stated when they developed this, they did not look at the houses that were affected by this and they would like to work with the people in the development. Ms. Vicky Larsen, 14229 Quay Street NW, stated she had some comments and one regarding property value. She stated they just refinanced their home and the appraiser told them that they did not need the full appraised amount because if they would sell the house, they would not have a problem because they have a lot on the golf course. She stated she did not understand why the City would make so many waivers to the current ordinances to allow this project. She stated that what she was told the maintenance building would be moved and there would be a service road put in and she wanted to know where it would go. Mr. Olsen stated it is proposed for the far west part of the property. He stated they have a twenty-foot easement coming out of the fifth addition of -IL- Regular Andover Planning and Zoning Commission Meeting Minutes - October 8, 2002 Page 12 , I Woodland Development and they would propose to make a cart path for the workers to get to work because the maintenance building would be put in the far northwest comer of the property. Commissioner Gamache asked if this road was part of the proposal. Mr. Bednarz stated it was not but it would force the utility building to move because that is where the proposed structures are to go. Commissioner Kirchoff asked if the road would be tied into any outside streets. Mr. Olsen stated they would have to come off of 142nd and it is already set up for that. Ms. Larsen stated that this land is not all swamp and wetland because her house is back there. Ms. Larsen stated this is not a large golf course in that area and the proposed houses would be close to the fairway and she did not know if there were any regulations regarding this. She stated there is value in the fact that you live on the golf course and she does not like the idea of a service road butting up to their property and she does not like all the variances proposed for the development of the houses. / Commissioner Kirchoff stated this is a Planned Unit Development and with a Planned Unit Development, there is some give and take and the City has some authority with a PUD. Mr. Bednarz stated planned unit development is intended to get a better product than if they used a straight zoning district. He stated the City does have the ability to require amenities or landscaping or different features through the PUD that they would not have with a straight zoning district. He stated the purpose of Planned Unit Development is not to abuse the lot sizes to cram units in. Mr. Jasper stated the access road, the cart path is where all the neighborhood storm drains drain and his concerns are the golf course floods two to three times a year already and there will be a road with additional traffic coming off of 142nd Avenue. Motion by Greenwald, seconded by Gamache, to close the public hearing at 8:34 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Daninger and Squires) vote. Commissioner Gamache asked what is the area zoned. Mr. Bednarz stated the current zoning is R-4. Commissioner Gamache asked if there is a variance needed for the service road. Mr. Bednarz stated they would need to get a building permit to reconstruct the building in a different area. He stated the City with a Commercial Site Plan review of the project could put conditions or require screening. \'> Commissioner Kirchoff asked if the entire golf course;;oned R-4. Mr. Bednarz stated this is correct. Commissioner Kirchoff stated in theory the entire golf course could be residential and turned into a housing development. Mr. Bednarz stated most of the golf course is in the flood plain so most of it could not be built upon. \ -13- Regular Andover Planning and Zoning Commission Meeting Minutes - October 8, 2002 Page 13 , Commissioner Greenwald stated he would never approve this based on the fact that road is over seven hundred feet and also because it is affecting residents values on their homes. He stated he would suggest they move the driveway east and he would recommend the developer look at two things, a shorter cul-de-sac and if there was any way to work with Mr. Bednarz so they could change the entrance and move it down a hundred feet. Commissioner Gamache stated as a golfer he hates the idea of having houses on a golf course but they do have the right to develop their property and he sympathizes with the residents. Commissioner Kirchoff stated the precedent has been set with the longer cul-de-sacs approved previously. Commissioner Greenwald stated that he did not think they ever approved a longer cul-de-sac when it affected the surrounding properties so much. He stated to approve a variance of that, knowing that they are affecting two citizens is tough. Commissioner Kirchoff stated he would agree with Commissioner Gamache on this. Commissioner Larsen asked as a citizen what would be their legal rights against the City. Commissioner Gamache stated if the plan were approved down the road, is there any legal recourse the citizens have against the City. Mr. Bednarz stated it would be a question for the City Attorney. / Commissioner Falk asked if they wanted to table this for more information. He stated he wanted to'recommend they remove one structure to get the lots back to what they should be in an R-4 development. Commissioner Kirchoff stated that if they were going down to ten units, there would not be a PUD. Commissioner Greenwald asked if it increases the value to Andover by putting the homes in. Commissioner Gamache stated that it would bring more taxes into the City. Commissioner Kirchoff stated it could also bring in more revenue by having the restaurant in the clubhouse and may be a plus to the neighborhood. Commissioner Greenwald stated if it did not affect the residents around this, he would not have a problem with approving this. Commissioner Larsen stated she agreed and would like to have the development moved a little closer to the clubhouse. Commissioner Gamache asked ifby taking one home out of the plan, could they meet the R-4 requirements. Mr. Bednarz stated they likely could with a variance to cul-de-sac length. Commissioner Gamache asked if it would also take away the PUD on the property. Mr. Bednarz stated there would be no reason to pursue PUD review if the development were required to meet the R-4 standards. He stated that staff believes the lot size is appropriate for this type of development and that although the developer has used that reduced lot size to shoehorn in another unit, one unit could be removed and the space gained could be used to create a better development \ -/i- Regular Andover Planning and Zoning Commission Meeting Minutes - October 8, 2002 Page 14 Commissioner Kirchoff asked how long the golf course has been there. It was noted the course has been there fourteen years. Motion by Gamache, seconded by Falk, to recommend to the City Council approval of Resolution No. -' approving the Residential Sketch Plan for a single family development to be known as Woodland Creek Golf Course Villas located at 3200 South Coon Creek Drive and to remove a house from sketch plan and have the developer make the lots conform under the R-4 zoning district. Motion failed with 2-ayes (Gamache, Falk), 3-nays (Greenwald, Larsen, Kirchoff), 2-absent (Daninger and Squires) vote. Commissioner Kirchoff stated that by eliminating a lot, they could still be under the PUD. Commissioner Gamache stated he would like the developer to make the lots eighty feet wide and the only variance needed would be for the longer cul-de-sac. Mr. Thielen stated he is sitting in a house that cannot be sold and if the development happens, he may as well bum it down because he will be economically bankrupt if this goes through. Commissioner Falk asked Mr. Thielen to sit down. Commissioner Gamache stated what his informal advisement would be is to see ifthere is anything that can be done to make this work without affecting the two residents. Commissioner Larsen agreed. / Mr. Bednarz stated that this item would be before the Council at the November 6, 2002 City Council meeting. DISCUSSION: METROPOLITAN COUNCIL'S "DRAFT" 2030 BLUEPRINT. Mr. Bednarz stated the Metropolitan Council has prepared a "Draft" 2030 Blueprint for growth and development for the Twin Cities. The document has major policy areas that are being revised including: . Allocation of Forecasted Growth . MUSA Policy . Rural Growth Policies . Housing . Natural Resource Protection . ImplementationslBenchmarks Mr. Bednarz discussed the policy areas that were summarized in the Association of Metropolitan Municipalities (AMM) summary. \ i OTHER BUSINESS. ~(j- PARK AND RECREATION COMMISSION MEETING - OCTOBER 17, 2002 MINUTES The Regular Bi-Monthly Meeting of the Andover Park and Recreation Commission was called to order by Chairman Lindahl on October 17,2002, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners Present: Chairman Jim Lindahl, Commissioners Al Grabowski, Valarie Holthus and Dave Blackstad. Commissioners Absent: Also Present: Commissioners Peterson, DeLaForest, and Anderson. Parks Coordinator, Todd Haas RESIDENTS FORUM There were no comments at this time. APPROVAL OF MINUTES Motion by Blackstad, seconded by Grabowski, to approve the October 3, 2002 Park Commission minutes as presented. Motion carried on a 3-ayes, O-nays, 3-absent (Peterson, DeLaForest, and Anderson), I-present (Lindahl) vote. WOODLAND CREEK GOLF COURSE VILLAS SKETCH PLAN / Mr. Haas explained that this item is in regards to a proposed sketch plan of Woodland Creek Golf Course Villas by the developer who currently owns the golf course. Mr. Haas stated that the development is proposed to be an urban townhome development. Mr. Haas noted that the proposed plan and location map is attached for the Commissions reVIew. Mr. Haas explained that this item is for information only. The park dedication was paid previously when Woodland Creek was developed in the mid-1980's. He stated that unless the Commission disagrees, no park dedication is required. Commissioner Grabowski asked what the area is zoned. Mr. Haas replied that it is zoned Single-Family Urban. Mr. Haas stated that it would be the developer's responsibility to pay a trail fee but not a park fee. Commissioner Grabowski asked what the golf course is zoned. Mr. Haas answered that it is also zoned R-4, Single Family Urban. Chairman Lindahl stated that the Commission is then just looking at a trail fee. 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Oil' ,no<;T~ ........TIlI>(......."-m"T"...,'i:~..-......\.>""T:l<I!llI...."tA:i>- a."ll:I'lDl'Ili_'F'~,",If1I""'(""'ST".('1II"'" ., , ~ ~; c " ~~~ ~ n~3 d~ ~ ~ '::i~ ~~~ ~"~ ~~ lqiilll - 1111. IGt, III L ~.. . II . ~ I!'~'e: @ 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 Administrato~ Will Neumeister, Director of Community Development ad1..., CC: SUBJECT: Consider RevisionslDevelopment Policy Guidelines-Community Development DATE: November 6, 2002 INTRODUCTION The City Council originally approved the "Development Policy Guidelines" in 1993 and since that time there have been some changes. After recently reviewing the document, staff is proposing a change in Section 3 which details the process/procedure for new plat submittals. DISCUSSION Presently, the policy does not allow the submittal of a plat after July 151 (for development the / following year) unless it is considered an "in fill" plat of20 lots or less. The proposed change would allow staff to determine after July 151 of a given year whether plats larger than 20 lots could be considered for development the following year. This would allow the City to be more flexible to potentially accommodate new housing developments in the following year if time and resources will allow. ACTION REOUESTED Staff requests the Council adopt the recommended changes to Section 3 of the Development Policy Guidelines (pages 1-2). Respectfully submitted, ;W(Ak~ Will Neumeister Attachments Development Policy Guidelines / (draft revisions 10/22/02) Underlined is new language, Strike out is to be removed J DEVELOPMENT POLICY GUIDELINE ARTICLE I _ ANNUAL IMPROVEMENT PROGRAM SECTION 1. PURPOSE The purpose of this Article is to establish an outline of the procedure to be employed in the City of Andover for considering improvements originating either through petition, or Council initiative. This Article also provides an outline of developer responsibility and guarantees. SECTION 2. INTENT It is the intent of the Andover City Council to consider public improvements only once during each calendar year, except as otherwise provided in this policy. Subd. A. Justification 1.) The location of Andover in the metropolitan area and the projected growth patterns, will result in a change from a basically rural to an urban character. It is necessary and advisable that this transaction occur in an orderly process. An orderly process must be of prime concern to ensure that proper planning, safety, financial consideration, citizen participation and reorganization of change is accomplished and understood. 2.) This policy is not intended as a vehicle to impair growth and development; rather it is to assure that the growth and development, where it occurs, will be in an orderly manner utilizing proper planning and sound fiscal management. SECTION 3. PROCEDURE Subd. A. Preliminarv Plat 1.) !h Submittals before Julv 1. A proposed preliminary plat for urban residential development shall be submitted to the City for review by the Andover Review Committee in accordance with Ordinance No. 10, Section 7.02. Urban plats of twenty (20) or more lots must be submitted on or before July 1 of each year to develop in the following year. Urban plats of less than twenty (20) lots that are considered by the City Council as infill developments within the current MUSA may be accepted after said date provided the plat is approved in accordance with Subd. A.2. review process. r::.:;:az ~:;'I':; ~ =~=~ ~~1 b: == :V::':::': :~ ~ ~1:,e;=<;i:U:=~= :~~":::'.:,": 10, Section 6. Approval. A completed preliminary plat for urban residential development shall be acted upon by the City Council on or before December a 1 of each ye:lr for urban d::e~:~: :;:-: ~Ol ~ more lots and January 31 of each year for urban dO'Jelopm~nts of loss than w.'enty (20) lots in order for the plat to develop in the following year. / 2.) Subd. B. Petitioned Improvements 1.) Petitions for streets, sewer, water and storm sewer, etc. must be received by the City on or before December a 1 of each year for an ~~: ::~ ~~t,g~ :: ::~-::: ;"t,=:r'::.~~I=~:i ~Ior installation 01 ubUc infrastructure as reviousl described i~ ?ection 3. Subdivision A }. Petitions for improvements in new subdivision will be accepted only if a preliminary plat has been approved by the City Council. 2.) ProjectslDevelopments located in the Metropolitan Urban Service Area (MUSA) shall follow the time schedule illustrated on the attached Exhibit i 2 A (Comprehensive Plan - Staging Plan). The Council may amend the time schedule as deemed necessary. 3.) Upon receipt, the Council shall refer the petition to the City Engineer for preliminary study and report. The City Engineer and/or Consulting Engineer shall prepare and submit to the Council, a feasibility study and report on all proposed improvements by the second regularly scheduled Council meeting in January. 4.) Upon completion of the hearings, the Council will decide to order or to abandon each proposed improvement. For those improvements ordered, the Council shall: a) Order preparation of final plans and specifications, approve them, call for bids and may award contract(s). b) Authorize Attorney to acquire all easements through negotiations or condemnation. c) Approve bond form, authorize and award sale of improvement bonds. The Council may authorize sale at any time total improvement cost estimates are known; however, delivery of bond monies cannot be made until after improvement contracts are executed. Subd. B. Council Initiated Improvement Considerations 1.) As part of its role, situations arise whereby the Council desires to consider projects on its own initiative. Similarly, it is an administrative responsibility to bring needed or visible improvements to the attention of the City Council. 2.) The procedure for this method of improvement origination and consideration follows the same pattern as outlines for petitioned improvements, except that the initial petition form is not required. In place of the petition, either a member of the Council or the Administration presents a proposed resolution referring proposed improvements to the City Engineer and/or Consulting Engineers to prepare a feasibility report. Subd. C. Non-Assessable Proiects 1.) Non-assessable projects can generally be described as those which provide a general benefit to the entire community rather than direct or areal benefits to a specific portion of the City. Examples of such improvements would be municipal wells, interceptor sewer lift stations, 3 water storage facilities, and water treatment facilities. Such improvements are normally financed from funds dedicated for the specific purposes intended. 2.) Initiation. Non-assessable projects would typically be Council initiated, as scheduled in the Five-Year Capital Improvement Program(CIP). Due to the generally unique nature of these projects, combining as part of an annual improvement program would serve no useful purpose. 3.) Procedures. The procedures for implementation of a non-assessable project shall be the same as those prescribed herein for Council initiated projects, except that the schedule shall be as established by Council as part of the CIP process. 4.) Hearings. Public hearings are generally not required for those projects, and will not be held unless specifically required for a given project. SECTION 4. DEVELOPER RESPONSIBILITIES Subd. A. Development Agreement / Thirty (30) days prior to ordering improvements for a proposed subdivision or development, an agreement with the developer which details the nature of the development, the schedule for implementation, the role for the developer, the role of the City and other affected agencies, and other items as may be deemed advisable by the City Attorney shall be entered into by the City and developer. The development agreement shall become effective at such time as the Council orders the improvement(s). No improvement shall be ordered without a mutual agreeable agreement in place. Subd. B. Developer Guarantees As stipulated in the development agreement, the Developer shall post with the City surety(ies) in a form acceptable to the City Attorney, and in amounts approved by the City Engineer for the following purposes: 1.) Developer's improvements (grading, lot staking, erosion control, street lighting, etc.). 2.) Assessments for Public Improvements: a.) Street Grading and Drainage, b.) Utilities (Sanitary Sewer, Water and Storm Sewer), c.) Street Construction (Concrete Curb and Gutter, Gravel Base and Bituminous Pavement), d.) Boulevard Restoration. 4 3.) Relocation and/or Protective Improvements for Non-Municipal Utilities (Cash Deposit Only). / 4.) Developer-Constructed Public Improvements if so approved by the City. SECTION 5. ENGINEERING OPTIONS AND RESPONSIBILITIES The City Engineer shall have the option and be responsible for expanding petitions to provide for continuity and rational extension of proposed improvements. Whenever this occurs, it shall be brought to the attention of the Council in the feasibility study and report. The Council shall then give consideration to altering the proposed improvement from petitioned improvements to Council-Initiated. In the interests of economy, the City Engineer shall combine like-type improvements in developing the final plans and specifications to reduce improvement costs. SECTION 6. IMPROVEMENT AHEAD OF SCHEDULE The Council may give consideration to advancing developer financed improvements subject to the following: Subd. A. Applicant(s) shall state intention with the petition for improvement and may include a request for waiver of hearing. " I Subd. B. Council shall refer petition to the City Engineer for feasibility study and report, and shall determine whether or not a public hearing is required or warranted. If a public hearing is required or warranted, the City Engineer shall indicate to Council how long the feasibility report will take, and shall set the public hearing date accordingly. If there is no public hearing, consideration will be given upon submission of the feasibility study and report. Subd. C. Council shall consider improvement proposal after receipt of feasibility study and report. If Council approves the proposed improvement, preparation of final plans and specifications will be ordered upon receipt of a security deposit of one and one-half (1 Y2) times the City Engineer's cost estimate to prepare the plans and specifications. Subd. D. Council then shall approve final plans and specifications, order call for bids, receive bids and award contract. Any easements necessary will be so authorized for acquisition by the City Attorney. 5 SECTION 7. RURAL STREET IMPROVEMENTS . / All new development located outside the MUSA will require to meet the Standard Specifications for Rural Residential Street Construction. The City shall not construct rural streets under public contract where a new subdivision is being or has been created unless the benefiting property owners petition the City and proceed as authorized by Chapter 429, Laws of Minnesota. The City may, at its option, consider public contract construction of rural street improvements where an unimproved rural road presently exists. This option shall be exercised on a priority basis with rural roads having the potential to become routes of collector classification or higher, given the highest priority. The second priority will be given to other streets where the best interests of the general public are served. SECTION 8. NON-MUNICIPAL UTILITIES Where non-municipal utilities, such as pipelines and electrical lines cross a subdivision, it shall be the responsibility of the developer to pay the costs necessary for the relocation, realignment, andlor protection of such non-municipal utilities. The developer will have the following option: Subd. A. The developer may have the utilities relocated, realigned, and/or protected by the appropriate utility company in advance of Council ordering any public improvement project. / Approved by the City Council on November 16, 1993. Revised: July 16, 1996 January 21,1997 February 16,1999 July 20,1999 October 19,1999 May 16, 2000 PROJECT TIME SCHEDULE PETITION: Council Declare Adequacy, Order Report 2-3 weeks Receive Report 5 weeks Public Hearing Process 3 weeks 6 5 to 6 months 4 weeks 5 weeks 2 weeks 22 weeks , / Plans and Specifications Bidding Process Award Bid Construction Total Time Assessment Process 3 months 8 to 9 months 2 months 10 to 11 months 12 weeks 34 weeks 8 weeks 42 weeks / / 7 " @ CITY OF ANDOVER ; 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US FROM: Mayor and Councilmembers John Erar, City Administrato~ Will Neumeister, Director of Community Development~ TO: CC: SUBJECT: Approve Rural Reserve Sewer Analysis/02-22-Community Development DATE: November 6, 2002 INTRODUCTION The City Council reviewed a draft of the "Rural Reserve Sewer Analysis" at a workshop on October 9,2002. The only issue that was raised that needed additional study was analysis of what area(s) north of 161 51 Avenue could be served by existing sewer lines without extending a new sewer interceptor pipe from Bunker Lake Boulevard. That information is now in the final report. The completion of this step in the "Rural Reserve Study" was necessary to understand the potential '. . feasibility of extension of City utilities to serve areas that are currently outside of the 2020 MUSA / boundary and were never planned to receive public infrastructure for urban density development. DISCUSSION The report has been prepared with the final information that was requested and is now presented to the Council for approval. ACTION REOUESTED Staff requests the Council review and approve the final "Rural Reserve Sewer Analysis". Respectfully submitted, @d/~- Will Neumeister Attachments Rural Reserve Sewer Analysis " @ CITY OF ANDOVER / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US CC: Mayor and Councilmembers John Erar, City Administratof;V . Will Neumeister, Director of Community Development L~ SUBJECT: Schedule Neighborhood Meeting/Rural Reserve/02-22-Community Development TO: FROM: DATE: November 6, 2002 INTRODUCTION Now that the City Council has reviewed and approved the "Rural Reserve Sewer Analysis" it is appropriate to begin discussions to establish the area(s) that would be designated as the "Rural Reserve Area". Staff is proposing a neighborhood meeting for November 20, 2002 from 4:30-7:30 p.m. to gather input from property owners regarding their interest in being included in the Rural Reserve Area. DISCUSSION / The next step in the process of designating a minimum of 1,000 buildable acres of "Rural Reserve" is to consider input from affected property owners. It is recommended that an informal neighborhood meeting of property owners be held to present information to them regarding: . Sanitary Sewer Analysis . Transportation Plan Traffic Forecast (effect of various options) . Land currently in Agricultural Preserve . Describe Zoning Regulations (needed to preserve the land for development into urban density lots) . Obtain feedback from affected property owners ACTION REOUESTED Staff requests the Council schedule a neighborhood meeting of property owners in the Rural Reserve Study Area for the evening of Wednesday, November 20, 2002 from 4:30 - 7:30 p.m. in the City Council chambers. Respect~1J.);:Y s slubmitted, ~$?a~ Will Neumeister / Attachments Rural Reserve Area Map ml\ City of Andover \,[Y Incorporated 1974 Comprehensive Plan Figure 4,9 Rural Reserve Study Areas .I LEG END /\1 2020 MUSA Boundary Sewer Staging l1li 2000-2005 D 2005-2010 D 2010-2015 D 2015-2020 _ Scenario One (1,020 Acres) _ Scenario Two (1,293 Acres) o Gray Area (820 Acres) H + 0.5 , o 0.5 Miles , /lndOVEJ Pia nni ng /lndOVEJ Gl S /lnoka County GIS @ \ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Accept EDA Commissioner Resignation Appoint EDA 01 oting) Member to Fill Vacancy DATE: ~ovember6,2002 I~TRODUCTIO~ EDA Commissioner Terri Hokanson-Olsen has submitted her resignation from the Andover Economic Development Authority due to the reason that she has moved out of the City's corporate limits. M.S. 469, Subd. 2. (t) provides that "a vacancy.. .be filled for the balance of the unexpired term, in the manner in which the original appointment was made." While there is apparendy no residency requirement specified in the statute for EDA Commission members, the Council has only appointed members who are residents of the community, and it would appear appropriate, in terms of manner to @l the vacancy with another City resident. \ / DISCUSSIO~ There are two non-voting members of the EDA, Mr. Edward Schultz and Mr. Fred Larsen III. Mr. Schultz has indicated that he is not interested in being appointed as a voting member. Consequendy, Council may appoint Mr. Larsen to complete the unexpired term of Commissioner Hokanson- Olsen, which is scheduled to expire on January 1, 2008. ACTIO~ REQUIRED The Council is requested to consider the following two actions: 1) Accept the resignation of Commissioner Terri Hokanson-Olsen with sincere thanks and appreciation for her efforts, energy and insights in helping to guide the City's economic development initiatives and bring new business opportunities to the Andover community. 2) Appoint Fred Larsen III as the new voting Commission member to fill the existing vacancy with a term scheduled to expire on January 1, 2008. R7J~bmitted, J~n F. Erar ICity Administrator cc: Fred Larsen III Minnesota Statutes 2002,469.095 http://www.revisor.leg.state.mn.us/st02/469/095.htm I Minnesota Statutes 2002, Table of Chapters "\ " Table of contents for Chapter 469 469.095 Commissioners; appointment, terms, vacancies, pay, removal. Subdivision 1. Commissioners. Except as provided in subdivision 2, paragraph (d), an economic development authority shall consist of either three, five, or seven commissioners who shall be appointed after the enabling resolution provided for in section 469.093 becomes effective. The resolution must indicate the number of commissioners constituting the authority. Subd. 2. Appointment, terms; vacancies. (a) Three-member authority: the commissioners constituting a three-member authority, one of whom must be a member of the city council, shall be appointed by the mayor with the approval of the city council. Those initially appointed shall be appointed for terms of two, four, and six years, respectively. Thereafter all commissioners shall be appointed for six-year terms. (b) Five-member authority: the commissioners constituting a five-member authority, two of whom must be members of the city council, shall be appointed by the mayor with the approval of the city council. Those initially appointed shall be appointed for terms of two, three, four, five, and six years respectively. Thereafter all commissioners shall be appointed for six-year terms. / (c) Seven-member authority: the commissioners constituting a seven-member authority, two of whom must be members of the city council, shall be appointed by the mayor with the approval of the city council. Those initially appointed shall be appointed for terms of one, two, three, four, and five years respectively and two members for six years. Thereafter all commissioners shall be appointed for six-year terms. (d) The enabling resolution may provide that the members of the city council shall serve as the commissioners. (e) The enabling resolution may provide for the appointment of members of the city council in excess of the number required in paragraphs (a), (b), and (c). (f) A vacancy is created in the membership of an authority when a city council member of the authority ends council membership. A vacancy for this or another reason must be filled for the balance of the unexpired term, in the manner in which the original appointment was made. The city council may set the term of the commissioners who are members of the city council to coincide with their term of office as members of the city council. 10/31/20023:56 PM lof2 Minnesota Statutes 2002, 469.095 http://www.revisor.leg.state.mn.us/st02/469/095.html '\ Subd. 3. Increase in commission members. An authority may be increased from three to five or seven members, or from five to seven members by a resolution adopted by the city council following the procedure provided for modifying the enabling resolution in section 469.093. Subd. 4. Compensation and reimbursement. A commissioner, including the president, shall be paid for attending each regular or special meeting of the authority in an amount to be determined by the city council. In addition to receiving pay for meetings, the commissioners may be reimbursed for actual expenses incurred in doing official business of the authority. All money paid for compensation or reimbursement must be paid out of the authority's budget. Subd. 5. Remova1 for cause. A commissioner may be removed by the city council for inefficiency, neglect of duty, or misconduct in office. A commissioner shall be removed only after a hearing. A copy of the charges must be given to the commissioner at least ten days before the hearing. The commissioner must be given an opportunity to be heard in person or by counsel at the hearing. When written charges have been submitted against a commissioner, the city council may temporarily suspend the commissioner. If the city council finds that those charges have not been substantiated, the commissioner shall be immediately reinstated. If a commissioner is removed, a record of the proceedings, together with the charges and findings, shall be filed in the office of the city clerk. .I HIST: 1987 c 291 s 96 Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota. 10/31/20023:56 PM 20f2 @ , / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WW\'\I.CLANDOVER.!vfN.US TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Schedule EDA Board Meeting DATE: November 6, 2002 INTRODUCTION The City Council is requested to schedule a special EDA Board meeting to consider and discuss a number of economic development issues. DISCUSSION The primary purpose of this meeting is to consider a development proposal by Ryland Homes for the Andover Station residential site. Staff had the opportunity to meet with Mr. Chris Enger, Land '. Development Manager for Ryland Homes and tour their residential development project in .Apple ,/ Valley. Ryland Homes is very interested in pursuing a project on this site and would like an opportunity to present their proposal to the EDA. Ryland Homes is a national builder, with an excellent reputation and has the ability to self-finance this project. They are currently in negotiations with United Properties to purchase the site, but would like EDA support in order to finalize their purchase agreement with United Properties. According to Mr. Enger, Ryland Homes is experienced in brown field residential redevelopment projects and have successfully completed other projects in the metropolitan area. Staff has thoroughly discussed the environmental issues with Ryland Homes representatives and they are comfortable with the history of the site in terms of being able to successfully market residential units. Mr. Enger has indicated they would like to be considered for indemnification on any environmental issues, but are willing to consider a more limited term. United Properties and staff believe that Ryland Homes is a suitable developer for the site. The EDA will be asked to consider Ryland Homes' proposed site plan and provide preliminary concept approval. Ryland Homes is anticipating moving forward with the project as soon as possible. The proposed EDA Board Agenda is as follows: 1. Consider Andover Station Residential Site Development Proposal- Presentation 2. Receive Environmental Status Report - Andover Station North 3. Andover Station - Site Development Update 4. Other Business '\ ACTION REQUIRED As the Ryland Homes presentation and related issues will likely take more than 45 minutes to discuss, staff is respectfully suggesting a special Board meeting. Consider scheduling a Special EDA Board meeting for either Monday, November 18 or Wednesday, November 20 at 7:00 p.m. Cc: EDA Board / ;' 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 FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda Items for November 6, 2002 Council Meeting DATE: November 6, 2002 The Council is requested to review the supplemental material for the following Agenda Items: Accept Additional Information under Discussion Items - Item 21. Consider Lot Split Request/16030 Makah Street NW Additional Information (Continued) - Supplemental- Planning Table under Staff Items - Item 26. Approve Rural Reserve Sanitary Sewer Analysis/02-22 - Community Development submitted, 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 Administratorr}JL (j . Will Neumeister, Director of Community Development wL FROM: SUBJECT: Supplemental Information for Item #21110t Split Request/l 6030 Makah Street NW DATE: November 6, 2002 ACTION REQUESTED Please find attached two pieces of additional information for Item #21: . The final page of minutes from the Planning Commission meeting minutes of 10/15/02. . A letter from Mr. Moore (applicant) dated November 6, 2002 Respectfully submitted, t@4 M~~ Will Neumeister ----- @ Regular Andover City Council Meeting Minutes - October 15, 2002 Page 12 until they could review the information. Motion by Orttel, Seconded by Knight, to table Item No. 24 (Lot Split Request/l 6030 Makah Street NW) for research to be done on this item. Motion passed 4 ayes, 1 nay (Jacobson). Mr. ar stated the applicant is proposing to build a 24- foot by 24-foot addition onto the second level above existing garage. The home is non-conforming due to its 20-foot comer side yard setback where 40 et is the minimum allowable in the R-3 zoning district. A variance is needed to correct the non-co ing status ofthe existing home to allow the project to move forward. The addition over the garage the south side of the home will not change the existing setbacks of the home in relation to 1 76th /'\ nue. Councilmember Jacobs stated he had this pulled because he is in favor of letting them do what they want to do but what tH are doing is granting a variance for a twenty-foot setback. Right now this is a non-conforming use d by doing this, they are saying a twenty-foot setback is ok. In his mind, it makes it a conforming u so if it bums down and they wanted to put another addition on or garage on, they could do it witho coming back for approval as long as they met all the other requirements. If they wanted to keep 1 non-conforming use, but allow them to build the addition, that is a different way of doing the same ing. Mr. Neumeister stated their Ordinance does not allow them to add onto a non-confo building until it is made to be conforming. Councilmember Jacobson asked if they could from it. Mr. Neumeister stated he did not think they could because it is a use issue and they cann vary from the use. Will Neumeister, Community Development Director, stated they had a Ruest from an Andover resident to amend Ordinance #109 (Regulating All Terrain Vehicles and Sn obiles) to regulate the use of dirt bikes in the City of Andover. City Staff received language tha e property owner would like to have the City adopt. The property owners who had the complaints d against them have also written a letter explaining their view of the situation, which they consider to harassment. em No. 6 (Approve Sideyard Setback sly. (See Resolution R161-02) Motion by Orttel, Seconded by Knight, to approve Variance/17536 Quay Street NW). Motion carried unani RECEIVE RESIDENT REQUEST/ORDINANCE #109 CHAN Councilmember Jacobson stated he observed that the question is not restrictions on bikes themselves, it is the noise created. Instead of an Ordinance or banning them, would it be more for the Planning and Zoning Commission to look at requiring quieter mufflers. Ms. Mary Hilke, 18030 Uplander Court stated they have been dealing with their neighbor on this issue for about three years. She stated she is an avid A TV owner and the reason she has come to City of Andover 1685 Crosstown Blvd. NW lu1dover,~.55304 ~ YfeMt:i!Zl~~ ~J11 1P~ca;;f II Nov. 6,2002 Ref: Split of Tract "W", Registered Land Survey #72 Attn: Mayor and City Council We would like to address the facts regarding the previous owners denial because it keeps coming up at each meeting. Res. #R166- 97 states four( 4) reasons. # I-Opposition from neighboring land owners ( 16 signed a petition, now only two(2) have voiced opposition, both we feel are not justified.) #2-Lack of hardship ( the curve in the road was made to avoid the MARSH AREA ON THE EAST SIDE OF 16005. Makah 81.. The hardship for 16030 was created when by moving the road west to give 16005 enough high ground west of the marsh for a buildable site. #3-The unique and probable devaluation of other homes in the area ( just the opposite will occur.) #4-0wnership status of the property (not relevant) . We felt that by just requesting one(l) variance, it would simplify the process but are willing to split the parcel equal at the setback (272.5 ft. per lot) in order to conform to Council Person Jacobson's statement of not to exceed requirements by more than 10% as a bench mark for previous approvals. Council Person Orttel stated there is a double standard in issuing variances. If required, we would be willing to research previous projects such as Chester Commons, Waybridge or many others to confIrm this statement John & Ida Moore 16030 Makah St. NW Andover, Mn. 11/05/02 TUE 12:45 FAX 612 932 2620 Real Estate/DSG I4J 002 November 5, 2002 City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Re: Request for Variance in connection with Lot Split Tract "W", Registered Land Survey #72 ---- 16030 Makah Street N. W. Dear Mayor and Councilmembers: I am the owner of Tract V Registered Land Survey #72 that abuts along a 625 foot common border immediately to the North of the above referenced property. I have owned this property since 1987. Unfortunately I did not receive a notice of hearing by the Planning Commission for the request for a variance and consequently was not able to make my comments known to them at their September 24th, 2002 meeting. I would like to communicate my comments about the request for a variance to you prior to the council making a decision on this matter. I am on record as opposing the previous landowner's request for the same split that was ultimately turned down in 1997 and I am adamantly opposed again to the granting of a variance for this purpose. I am opposed to it for the following reasons: 1) The requirements are clearly set forth for the minimum specifications for Single-Family Rural (R-1) lots and this request is asking for the council to ignore a key specification thus undermining the whole reason to have minimum specifications at all. 2) There clearly has been no hardship created during the time the current owner has owned this property. (The owner could have and should have researched the limitations for future use of this property at the time of purchase and weighed those options as part of the decision to purchase or not to purchase) 3) The granting of this variance and subsequent lot split would cause an increased density of housing along Makah Street and result in decreased rural ambience of the neighborhood and certain to negatively affect property values. This would not be in keeping with the intent of the R-1 designation. NOU 05 2002 11:45 612 932 2620 PAGE. 02 11/05/02 TUE 12:46 FAX 612 932 2620 Real Estate/DSG I4J 003 I have not opposed other lot splits that have taken place in this development because they have not needed a "variance" from the clearly set forth lot specifications. Also the resulting additional housing has not increased the density along Makah St. since accessibility to the new housing that was created has been limited to ]'h. Avenue on the East or from 16200. Lane to the West. Since there is continued neighborhood opposition from long time landowners to this variance request, along with a history of denials from two Planning and Zoning Commissions, one previous City Council and a recommended denial from current city staff, I respectfully urge the current Council to again deny this request. Thank You, 4l~~ Carl Spencer 12180 Magnolia St. N.W. Coon Rapids, MN 55448 NOV 05 2002 11:46 612 932 2620 PAGE. 03 ~ W\tnaiM. \... h.u~l\e o..i1O Jeanne A. fudge 16005 Makah Street N. W., Andover, Minne,rota 55304 {J-':)-OZ \\~~tn. ~ t()(.UA.~ 6.ne fY1o.::JO ( t fh\.cl..o-vw o....s s\-cz.M (f'"U..-0iOL~) wt... \neWt:.. ~Q OU-f '-IOVlAG.. o-n 0... '5- ~ \0-\- crt- lIoOOS- f\f\~o....\\ s\. N u) fJ<- 0-0& ;;Z~ ~~ak..D. cf\iU.o tD a... wvU ~-U.L- c0r..Q. Q ~ \tAL ~aJ-u,'Yl U 1) .. bQ Q..J 6' _ o...<:.>u:...- to-\- Q.O u) ~ Q,S \W. CQtt:Lu 5 11,1- Q L00Q &.6 0J~Q.... l\a.5 o.iw~ 0.f~c...~ -\0 u.A. 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WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: John Erar, City Administrato~ Will Neumeister, Director of Community Deve!opmentWL CC: SUBJECT: Table Rural Reserve Sewer Analysis/02-22-Community Development DATE: November 6, 2002 ACTION REOUESTED Unfortunately, the final form of the report had an unforeseen delay and as a result, staff recommends the Council table the review of the "Rural Reserve Sewer Analysis" until the November 19, 2002 Council meeting. Respectfully submitted, ~~ ^ - ~" Will Neumeister f . 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 Jim Dickinson, Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: November 6,2002 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $179,096.87 on disbursement edit lists #1-#4 from 10/18/02 thru 11/01102 have been issued and released. Claims totaling $1,029,799.34 on disbursement edit list #5 11/06/02 will be issued and released upon approval. BUDGET IMP ACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUIRED The Andover City Council is requested to approve total claims in the amount of $1,208,896.21. Please note that Council Meeting minutes will be used as documented approval rather than a signature page. Respectfully submitted, '-d.7j~ Lee Brezinka Attachments "'''' . . . . . . "''' . . :>0<: . . 0'" . . "'" . . g . . . . 0 . . o.U . . 0 . . 0 . . "''' . --- . .. . . ~'" . . Uo . ~ . :> . . , . . 000: . . ~o 00 . . "'.-< "''' . . U 0", . . ..,.., . . 00 m "" . . . . . . .. ~'" . . " "'" . . . . . . OJ ._ 0 . . '" .., . . . . . . '" . . 00 . . !5 ~ . NNNN. "'''' . . '" '" . . '" . 0000. ~ m . . " ~ .... . . 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WWW.CI.ANDOVER.MN.US FROM: Mayor and Councilmembers John Erar, City Administrato~ Will Neumeister, Director of Community Development~ TO: CC: SUBJECT: Ed Hamilton/Hamilton Square/Resident Forum-Community Development DATE: November 6, 2002 INTRODUCTION At the last resident forum, Mr. Ed Hamilton spoke and indicated that staff had not given out proper information to a prospective buyer of his property. This report summarizes for the Council specific details regarding the zoning of the property and what is allowed by the zoning ordinance. Also it gives an accounting of what staff told the prospective buyer and Mr. Hamilton. DISCUSSION Zoning and Allowable Uses Mr. Hamilton's property at the Northeast corner of Hanson and Crosstown Boulevard is zoned Shopping Center (SC). Below is a complete listing of uses that are either permitted outright or through approval ofa Special Use Permit (SUP) by City Council. Listing of Ordinance 8 -- Permitted Uses (for all commercial zones): NB Neil!:hborhood Business: . Day Care Centers . Financial Institutions . Medical and dental clinics . Mortuaries and funeral homes . Professional offices . Professional studios . Restaurants . Retail trade and services except service/fuel stations (8ZZ, 3-15-88; 8JJJJJJ, 6/18/02) . Twenty-four hour continuous operation of permitted uses. (8JJJJJJ, 6/18/02) SC Shoppinl!: Center District: . All uses permitted in "NB" District . Drop-in Child Care Center (8QQ, 5-19-87) GB General Business District: . Agencies selling or displaying recreational vehicles, boats and marine equipment. . Commercial recreation, not including massage parlors . Day Care Centers . Financial institutions . Hotels and Motels . Manufacturing (limited) . Medical and dental clinics . Mini-storage . Mortuaries and funeral homes . New vehicle sales . Private clubs, lodges, and assembly halls . Professional offices . Professional studios . Public owned and operated property . Rental businesses . Repair services . Research laboratories . Restaurants . Retail trade and services . Service stations . Theaters . Vehicle wash establishments . Veterinary clinic or hospital with no outside pens . Vocational trade, business and technical schools . Warehouses . Wholesale businesses (8WW,10-06-87) (8VVV,12-17-91) Listing of Ordinance 8 -- Special Uses (for all commercial zones): NB Neil!:hborhood Business: . Outdoor display only during operating hours . Service station after minimum 2,000 sq. ft. of retail floor space is constructed provided the site is two acres or larger. (8JJJJJJ, 6/18/02) . Veterinary clinic or pet hospital with no outside pens SC Shoppinl!: Center: . Car Wash after a minimum 25,000 sq. ft. of retail floor space is constructed . Drive-in businesses or businesses with a drive-thru window. (8ZZ,3-15-88) . Liquor, dancing tavern or live entertainment. . Liquor Licenses (8L,7-21-81) . Off-sale Liquor Stores . Outdoor display, sales or storage during operating hours only . Service station after minimum 25,000 sq. ft. of retail floor space is constructed . Veterinary clinic or pet hospital with no outside pens -1-- GB General Business District: . Adult Use Businesses as defined in Ordinance # 222 and as amended. (8NNN, 7-17-90; 8;cx:xJ{,4-l5-97) . Advertising Signs (8JJJ,5-16-89) . Drive-in businesses or businesses with a drive-thru window. (8WW 10-6-87) . Liquor License (8L,7-21-81) . Off-sale Liquor Stores . Outdoor display, storage and sales . Pawnbrokers as defined in Ordinance # 104. (8CCCC, 5-03-94) . Precious Metal Dealers as defined in Ordinance # 104. (8CCCC, 5-03-94) . Public utility structures . Repair garage (8WW, 10-06-87) . Secondhand Goods Dealers as defined in Ordinance # 104. (8CCCC, 5-03-94) . Used vehicle sales (8WW, 10-06-87) The property Mr. Hamilton owns is currently zoned Shopping Center (SC). As shown in the excerpted sections of Ordinance 8 above, would require ..."a minimum of 25, 000 square feet of retail floor space be constructed" before a service station would be eligible for a Special Use Permit. The Community Development/Planning staff gave Mr. Hamilton's prospective client the information shown above. The information was also given out to Mr. Hamilton a week later when he requested it. Staff was correct in disseminating the information and briefing the prospective buyer on what would be possible on Mr. Hamilton's property. Staff also explained that the buyer could ask for a variance to this section if the findings could be made to justify the variance. The buyer indicated that they would not pursue a variance to put in a service station and did not want to build 25,000 square feet of retail space. It is possible that Mr. Hamilton did not understand that Retail Trade and Services (as it relates to service/fuel stations) is not an outright permitted use in the Shopping Center Zoning District. If you read the definition section of the Zoning Ordinance you will see the words "Service Station" (see definition reprinted below): Retail Trade and Services: Stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies, auto accessories, bakeries, barber shop, beauty parlor, bicycles, books and stationery, candy, cameras and photographical supplies, carpets and rugs, catering establishments, china and glassware, Christmas tree sales, clothes pressing, clothing and costume rental, custom dressmaking, department stores and junior department stores, drugs, dry foods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year round operation only), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the premises, household appliances, hotels and apartment hotels, interior decorating, jewelry, including repair, laboratories, medical and dental research and testing, laundry and dry cleaning pick-up (processing to be done elsewhere), laundromat, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint wallpaper, phonograph records, photography studios, service station, restaurant (when no entertainment or dancing is provided), shoes, sporting goods, tailoring, theater, except open air drive-in, therapeutic massage establishments (on and off-site massage services), tobacco, toys, variety stores, wearing apparel and similar type uses. (8WW, 10-06-87; 8LLLL, 8-15-95; 8NNNNN, 6-01-99) -3- Staff Commentary Staff explained the pertinent sections of the Zoning Ordinance to Mr. Hamilton and the prospective buyer. Again, that is why the buyer did not want to pursue a purchase agreement with him, they did not want to build that much retail space in conjunction with the service/fuel station. Also, please note that on June 18,2002 the City Council approved a change to the permitted uses in a Neighborhood Business Zoning District (i.e. Retail trade and services except service/fuel stations (8ZZ, 3-15-88; 8JJJJJJ, 6/18/02) As you may recall, this was done as a part of the Neighborhood Business District Study and was discussed at both the Planning Commission and City Council meetings. This was done deliberately to limit the types of businesses that would be able to locate in neighborhood shopping areas in close proximity to residential areas. This action clearly removes any doubt that it could carry over under the permitted uses allowed. Assessments For informational purposes, the City Clerk has indicated the current assessments that are remaining/assessed against the property aInount to $105,261.65 plus $17.30 per day from September 16, 2002 to the date of closing of a sale of the property. ACTION REQUESTED No action is necessary, this is an informational report to the Council as follow up to the comments made by Mr. Hamilton at the last Council meeting. Please see attached Ordinance 8 copy of amendment from 1988 to see that the 25,000 square foot requirement has been in the Ordinance for at least 14 years. Respectfully submitted, tW// #JlUffl Will Neumeist~ Attachments Location Map Zoning Ordinance Amendment (8ZZ dated March 15,1988) Cc: Ed Hamilton, 6615 Highway 10, Ramsay, MN 55303 i/ ,: I <.-.' 0" I I I l I ! Uhll l I I II '~.~H H II "1:'_c _ ]F+~!::r- =:-/~ , <.._ _ ot ~ I '" . ~ '-....... ~~ I ,-:.: '. ..; I I -< I, ",po; \ . .~f~ : .........1- l'I".J f---i '-., ----1 U" - L- . ~ .~ R~1~~ . , . \. Wlf11~~D,~E' ., \. Ill'., 2 . . ~"I :AJ. ~..;~....:.J' - c-f..rcs I NIGJfTlIf6 ., I." I' C$U!/Iff IID.T. n;;' - ( ,_-F_EE..'!D ~ "...,.....r_lIw t g i A,:' I l,,' , . : Y Location Ma~ 11----1111--- II:! i i /J 1 I I ' { ---, . \ I ~I I . --- i I I I I ! 'I , ~ ir : i L-11 ,. --- ... .. ~ - I , ~ __!/IldwSf ~ " " " .1: - It:: L I~ I.............. : c,~ ,I l- ..... ............ ... -= ':'.L - --', . ' ~ 111 ,'I ~! i iu I I -. . I- I ~ J T , '?' +--' I-- frm..-J .."" EJL . I 1 iJ .I..~. , ............... I ~ -~ ~ ~ f---- I I I p-~ f---;- '1: J ~ .R r-+ f.;- ~~ J:;:' r:t~ ~ ~i t-."'"'.,r CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA ORDINANCE NO. aZZ AN ORDINANCE AMENDING ORDINANCE NO. a, THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. a is hereby amended as follows: SECTION 3.02 DEFINITIONS (SSSSS) Personal Services SECTION 7.01 PERMITTED USES BUSINESS LB Limited Business Business schools Churches Day care centers Genet'al eEEiees Medical and dental clinics Mortuaryies and et' funeraT homes PRete st\iaie- Professional officesT elinies Respitals Professional Raaie-teleyisien studios Rest homesT and nursing homes Urban agricultural NB Neighborhood Business Day care centers Financial institutions Medical and dental clinics Mortuaries and funeral homes Professional offices ana st\iaiee Professional studios Restaurants Retail sRe~pin~ trade and services -t- SECTION 7.03 SPECIAL USES LB Limited Business Clubs and lodges Liquor license Motels M~lti~le awellin~s with tewnhe~5es at an M-; aensity ana ethefs at an M-rl aeAsity ~we family awellin~s NB Neighborhood Business Outdoor display only during operating hours Service station after minimum 2,000 square feet of retail floor space is constructed veterinary clinic or pet hospital with no outside pens SC Shopping Center Car wash after a minimum 25,000 square feet of retail floor space is constructed Drive-in businesses or businesses with a drive-thru window Liquor, dancing, tavern or live entertainment Liquor license Outdoor display, storage or sales during operating hours only ~service station after minimum 25,000 square feet of retail floor:~ space is constructed Veterinary clinic or pet hospital with no outside pens In All Districts Antennas in excess of 35 ft. in height Blacktop or crushing plant for highway materials Commercial animal training Excavation, except when a building permit has been issued Public utility structures or uses except when conducted upon public right-of-way SanitafY lana fill pfeYiaea+ it is eenstf~etea in aeeefaanee with all ee~nty ana state fe~~ifements~ s~ffaee ana ~naef~~fe~Aa watef is net Bein~ eentaminatea~ thefe is ne B~fnin~~ the fef~se is immeaiately eeyefea with aift~ the afea is sefeenea ana at least ;gg ftT ffem any fesiaenee~ a feasenaBle time limit is estaelishea~ the epefatien is eentiA~e~s~ aae~~ate Benain~ te eAS~fe the aeeye is pestea~ aae~~ate aeeess away ffem fesiaenees is pfeyiaea ana any e~eh pfeYisien as the ~ewn Beafa may fe~~ife te enS~fe that the ~se wil; net ea~se a n~isanee ef aayefsely affeet the healthT safetYT ef ~eAefa; we;fafe ef any pefseAT Adopted by the city Council of the City of Andover this day of . _ March 198~. 15th CITY OF ANDOVER ATTEST: ~.. '~~""~r wt~'ds'~6i ti/"':-/ Mayor ( /'. / /,;c/, "_"-" , ""i'. I,' (. /... victorio volk - City Clerk -7-