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HomeMy WebLinkAboutCC December 3, 2002 , , CITY OF ANDOVER / 1685 CROSSTOWN BOULEVARD NoW, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,C1.ANDOVERMN,US Regular City Council Meeting - Tuesday, December 3, 2002 Call to Order - 7:00 p.m. Resident Forum Agenda Approval I. Approval of Minutes (lll13 Special; 11!l4 Joint CC/Park Comm.; 11-19 Executive Session (2); 11-19 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Change Order #3R/98-29/Grey Oaks (phase n - Engineering 4. Approve 2003 Tobacco and Liquor Licenses - Clerk 5. Approve Raffle PermitlAnoka County Pheasants Forever- Clerk 6. Accept Bids & Authorize Sale/Fire Department Vehicle - Fire 7. Approve 2002 Tobacco Licenserrobacco Shop - Clerk Discussion Items '\ 8. Hold Public Hearing/Consider Vacation of Drainage & Utility Easementl14393 Osage '-J Stree1lfaylor Made Homes, Inc. - Planning 9. Anoka County Assessor's Office Update - Finance 10. Resident Request/Marystone Boulevard Improvements/02-44 - Engineering II. Consider Lot Split Request/16030 Makah Street NW (Carried from Oct. 5 & Nov. 6 CC Mtg.)- Planning 12. Call for Bond Sale/2003 General Obligation Capital Notes (Supplemental) - Finance 13. Approve Variance for Sideyard Setback/2860 135th Avenue NW - Planning 14. Consider Amendment to Comprehensive Plan/Change Urban Residential Low Density to Limited CommerciaV13730 Crosstown Dr. NW -Planning IS. Approve Rezoning R-4 to Limited Business/13730 Crosstown. Dr. NW -Planning 16. Consider Residential Sketch Plan/Creekside Townhomes/14220 Crosstown Boulevard NW - Planning 17. Consider Residential Sketch Plan/City View Fann Townhomes/13313 Round Lake Blvd. NW - Planning Staff Items 18. Discussion of Resident' s Request to Regulate Dirt Bikes - Planning 19. Schedule YMCA Community Center Survey Report Meeting-Administration 20. Consider Adoption of 2003-2007 CIP-Administration 21. Acknowledge GFOA Distinguished Budget Presentation Award - Finance Mayor/Council Adjournment '-,j (!J " / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: December 3, 2002 INTRODUCTION The following minutes have been provided by TimeSaver Secretarial for approval by the City Council: , J November 13, 2002 Council Workshop November 19, 2002 Regular Meeting November 19,2002 Executive Session (Part 2) The following minutes have been provided by City Staff for approval by the City Council: November 19, 2002 Executive Session (Part 1) November 14,2002 Special Joint Meeting w/Park Commission 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. If for any reason you did not receive the e-mail version, please contact me. ACTION REQUESTED Council is requested to approve the minutes listed above. J Respectfully submitted, (1;L' ()$ Vicki V olk City Clerk @ "\ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD NoW.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: John En", City AdminiSlIaro1l!fr Jim Dickinson, Finance Direc r' ~ FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: December 3, 2002 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $129,844.36 on disbursement edit lists #1-#2 from 11/22/02 thru 11/26/02 have been issued and released. Claims totaling $11,207.50 on disbursement edit list #3 12/03/02 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 $141,051.86. Please note that Council Meeting minutes will be used as documented approval rather thana signature page. Respectfully submitted, ~t3~ Lee Brezinka Attachments / / 1 0:", ... ... ... ... <II ... "'" . . >.. . . 0" . . ,,0: . . ~~ . . . . 0 . . "U . . 0 . . 0 . . "." . . ... :~: H'" Uo ~, . > . , . 000: . HO 00 . ..... "''' . U 0'" . . .:l.:l . . . "" ... ... ... ... .. ... 00 W'" . . ... "", ............ .. i:i ...0 . . .:l .. .. ... .. ill .. >: . . "' . . 00 H ... N N N N" !5 ..'" . . .:l . . <Xl . .. 0000.. H . . " w ... . . " .... ... ............................. '" ~<Il .'- . . 0 0. <Xl . . .... 00 .. N NN N" '" .. . . '" '" 0 . . .... .... ... N N N N" ... t/l(fJC/)tIl 0", W . . ... 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"''' >0( 0'" ~6 '" .." 0 0 .... ... ~'" uo :: OJ" 00 "'.. 0"' .,." "" ... z '" " ;;: '" " 0 .. " '" > I 0 " '" '" 0( OJ OJ ~ ... 0 0 ... 0 0 . z "' "' 1;i "' "' ~ '" " ~ " ... ... " ... ... '" ... '" 0 0 '" 0 0 '" OJ OJ .... .... OJ .... .... '" ~ !3 ~ !3 ~ ~ ~ ~ i< 0 OJ .... .... OJ ~ .... OJ OJ 0: . ~ ~ ~ " " OJ .. .g 0( OJ '" . " " '" '" u .., > OJ ~ 0 0: ;;: '" '" '" 0( OJ .., .., ~ OJ .. 0 ... OJ ~ .., " z ~ " , '" , u , '" , 0: , '" , '" '" ... 0: 0( ... " ""' OJ "'''' '" ... .. , u OJ'" z' '" ..~ 0' " a OJ" ~ , 15 OJ OJ ... ...' ~ '" / ..,~ "', .. .., ;ji 0( ~ , ~ ~ 0:' 0: .. OJ u.... '" u' '" '" '" '" ;jig 6 OJ, '" .., 6 ~ 1;i .., "', '" :i! .., z.... '" ", OJ '" Z " 0( ~..... " 0: ..'" :i! .., .... " ", '" "', '" 0( 00..... 15 15: .... ... ;ji ;ji: ::> ... u~ 0 0 .., 0 o(~ .. ..' '" ... OJ OJ' OJ ... (]). / CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD NoW.. ANDOYER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1,ANDOYER.MN.US TO: Mayor and Council Members CC: John Erar, City Administrator~ Bill Ottensmann, City Engine r €3 FROM: David D. Berkowitz, Civil Engineer III SUBJECT: Approve Change Order #3RJ98-29/Grey Oaks (Phase I) - Engineering DATE: December 3, 2002 INTRODUCTION This item is in regards to approving Change Order #3R to Project 98-29, Grey Oaks. DISCUSSION / The developer's engineer proposed to construct concrete weirs in 5 structures to regulate the hydraulic discharge for the Grey Oaks development. Due to the size of the structures the concrete weirs were not constructible. Hence stainless steel weirs were used so they could fit in the structures and be removed for future maintenance. BUDGET IMPACT The project is funded through assessments and Trunk Utility Funds. ACTION REOUIRED The City Council is requested to approve the resolution approving Change Order #3R for Project 98-29, Grey Oaks. Respectfully submitted, ~0~ David D. Berkowitz cc: Jerry Windschitl, Ashford Development Corp., 3640 - 152nd Lane NW / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING CHANGE ORDER #2EL TO PROJECT NO. 98-29, GREY OAKS. WHEREAS, the City of Andover has a contract for Project No. 98-29 with_ Volk Sewer & Water. Inc, of Brooklyn Park. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 98-29. Adopted by the City Council of the City of Andover this 3rd day of December, 2002. CITY OF ANDOVER I ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk j CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN October 21 20 02 Corrun. No. 11692-02 Change Order No. 3R To Volk Sewer & Water, Inc. for Grey Oaks Phase I - Utility & Street Improvements, City Project 98-29 for City of Andover, Minnesota You are hereby directed to make the following change to your contract dated June 20 , 00 The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (net ehaF.l!j'e) the contract sum by Four Thousand Three Hundred Fifty-Seven and 94/100----------------------- ($ 4,357.94 ) . This change order provides for changes in the work of this contract according to the attached itemization. Concrete Weirs changed to Stainless Steel 1 LS $ 4,357.94 NET CHANGE = $ 4,357.94 j $ Amount of Original Contract 360,722.96 Additions approved to date (Nos.1R, and ceo 2) $ 50,454.68 Deductions approved to date (Nos. ) $ - Contract amount to date $ 411, 177 . 64 Amount of this Change Order (Add) (Deauet) me Change) $ 4,357.94 Revised Contract Amount $ 415,535.58 Approved City of Andover, Minnesota TOLTZ, KING, DUVALL, ANDERSON Owner AND ASSOCIATES, INCORPORATED By ~~~ Thomas D. Prew, P.E. Approved Volk Sewer & Water, Inc, White - Owner Contractor pink - Contractor Blue - TKDA By ~~'- '-K. Vf ~?C_ . ?Rr..SIDE.JGT (J) ) CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrator~ FROM: Vicki V olk, City Clerk SUBJECT: Approve 2003 Tobacco and Liquor Licenses DATE: December 3, 2002 INTRODUCTION Tobacco and liquor licenses expire on December 31, 2002. ) DISCUSSION License renewals have been completed, insurance received and fees paid for the following: Tobacco Licenses Andover Liquor, 3121 - 161 st Avenue NW County Market, 13735 Round Lake Boulevard Festival Foods, 2218 Bunker Lake Boulevard G-Will Liquors, 13973 Round Lake Boulevard Merwin Drug, 13735 Round Lake Boulevard Northgate Liquors, 2288 Bunker Lake Boulevard Pov's Sports Bar, 1851 Bunker Lake Boulevard Andover Spur, 13650 Hanson Boulevard Andover Superamerica, 3631 Bunker Lake Boulevard Bill's Superette, 14041 Round Lake Boulevard Food -n- Fuel, 13725 Crosstown Drive Oasis Market, 13660 Crosstown Boulevard Speedway Superamerica, 13727 Hanson Boulevard Tobacco Shop, 2248 Bunker Lake Boulevard Off-Sale 3.2 Beer Licenses / Andover Spur, 13650 Hanson Boulevard Andover Superamerica, 3631 Bunker Lake Boulevard Bill's Superette, 14041 Round Lake Boulevard \ Food-n-Fuel, 13725 Crosstown Drive / Oasis Market, 13660 Crosstown Boulevard Speedway Superamerica, 13727 Hanson Boulevard Off-Sale Intoxicatine Liquor Licenses Andover Liquor, 3121-161s1 Avenue NW G-Will Liquors, 13973 Round Lake Boulevard Northgate Liquors, 2288 Bunker Lake Boulevard On-Sale and Sundav Intoxicatine Liquor Licenses Jade Catering, 13545 Martin Street Pov's Sports Bar, 1851 Bunker Lake Boulevard Tanners Steakhouse, 13655 Martin Street ACTION REOUIRED The City Council is requested to approve the above listed licenses for the period January 1, 2003 to December 31,2003. ) Respectfully submitted, U !/Lb Vicki Volk City Clerk / @ / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N, W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.C1,ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato1't FROM: Vicki V olk, City Clerk SUBJECT: Approve Raffie PermitlAnoka County Pheasants Forever DATE: December 3, 2002 INTRODUCTION Anoka County Pheasants Forever has applied for an Exempt Permit to conduct a raflle during their annual dinner in March 2003 at the Courtyards of Andover. / DISCUSSION As part of the permit process the city can: 1) approve the application with no waiting period; 2) approve the application with a 30 day waiting period (this allows the Gambling Control Board to issue a permit after 30 days); or 3) deny the application. Attached is a copy of the application. ACTION REQUIRED The City Council is requested to consider approving the application with no waiting period. Respectfully submitted, ;fL. {)4 Vicki V olk City Clerk Minnesota Lawful Gambling Page 1 of2 3/01 I LG220 Application for Exempt Permit Fee - $25 I For t:Ioard use Only Fee Paid Organization Information Check No. Organization name /J A Previous lawful gambling exemption number A"I~ Ie" L.o"r^./.Y e. "..scAf.J f"'.:>.rf.,..v- X.- 0 3 'l 'J I' Street City StatelZip Code County 61J. '; w SIt 4e6 '-' L, e t1!'" L'fl\ ~ ~/dJ A1V ...f J':J I Y A rf;) ic '7 Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO "JJhll IV t..... p.!)\A/~"-' 61).- J)/-3'7)] Name of treasurer Daytime phone number of Firaame Last name treasurer: ) 6 J ~9~r ~AL."'." (~o<j",,,, '"7.5")-)/60 Type of Nonprofit Organization Check the box that best describes your organization: o Fraternal 0 Religious o Veteran ~ Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: o IRS letter indicating income tax exempt status o Certificate of Good Standing from the Minnesota Secretary of State's Office o A charter showing you are an affiliate of a parent nonprofit organization , ~ Proof previously submitted and on file with the Gambling Control Board J Gamblina Premises Information Name of premises where gambling activity will be conducted (for raffles, list the s~e where the drawing will take place) W"'!"'~., 4rdJ .,+ A..../vJ€J- ' Address (do not use PO box) City StatelZip Code Cou nty \ )>V5 ih-I-:", Sf ~lo'V' AJ~vb- /11;t/ $" rJ:;Y A t?.:> Ie. '7 Date(s) of activity (for raffles, indicate the date of the drawing) Check the box or boxes that indicate the type of gambling activity your organization will be conducting: o 'Bingo (8rRaffles (cash prizes may not exceed $12,000) o 'Paddlewheels o 'Pull-Tabs o 'Tip boards 'Equipment for these activ~ies must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's the follOWing: Board members, staff ofthe aliernative format (Leo large print, Braille) name and address will be public information Board whose work assignment requires upon request. The information requested when received by the Board. All the other that they have access to the information; on this form (and any attachments) will be information that you provide will be private the Minnesota Department of Public Safety; used by the Gambling Control Board data about you until the Board issues your the Minnesota Attorney General; the (Board) to determine your qualifications to permit. When the Board issues your Minnesota Commissioners of be involved in lawful gambling activities in permli, all of the information that you have Administration, Finance, and Revenue; the Minnesota. You have the right to refuse to provided to the Board in the process of Minnesota Legislative Aud~or, national and supply the information requested; however, applying for your permli will become public. intemational gambling regulatory agencies; if you refuse to supply this information, the If the Board does not issue you a perm Ii, anyone pursuant to court order; other Board may not be able to determine your all the information you have provided in the individuals and agencies that are qualifications and, as a consequence, may process of applying for a permli remains specifically authorized by state or federal refuse to issue you a permli, If you supply private, w~h the exception of your name law to have access to the information; , the information requested, the Board will and your organization's name and address indMduals and agencies for which law or J be able to process your application. which will remain public. legal order authorizes a new use or sharing Private data about you are available only to of information after this Notice was given; and anyone wlih your consent. LG220 Application for Exempt p~rm~ Page 2 of 2 ,tJ).",.. J c','I rt ~"/<2 I/~" 3/01 Organization Name____-A 1'1 :>l:: c, {' ":>"'1' ~ / Local Unit of Government Acknowledgment If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application, Check the action that Check the action that the city is taking on this application. the county is taking on this application. o The city approves the application with no o The county approves the application with no waiting period. waiting period. o The city approves the application with a 30 day o The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city), o The city denies the application. o The county denies the application, Print name of city ______________ Print name of county (Signature of city personnel receMng application) (Signature of county personnel receiving application) Title __________________ Title --------- Date____I___I_ Date__I__I___ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd, 2),] Print name of township (Signature of township official acknowledging application) Title Date_I_I_ Chief Executive Officer's Signature The information provided in this catio s Name (please print) 1.:2-/~ Mail Application and Attachments At least 45 days prior to your scheduled activity date send: . the completed application, If your application has not . a copy of your proof of nonprofit status, and been acknowledged by the . a $25 application fee (make check payable to "State of Minnesota"), local unit of government or Application fees are not prorated, refundable, or transferable, has been denied, do not Send to: Gambling Control Board send the application to the 1711 West County Road B, Suite 300 South Gambling Control Board. I Roseville, MN 55113 @ j CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,CI.ANDOVER,MN,US TO: Mayor and Council Members CC: John Erar, City Administrato~ FROM: Dan Winkel, Fire Chief IJ.~. SUBJECT: Accept Bid and Award Sale of Fire Department Pick Up Truck DATE: December 3, 2002 INTRODUCTION As directed by City Council, the fire department has advertised for sealed bids for the 1978 Ford fire department pick up truck. The old pick up, used for grass fires, is currently located at fire station #1 and has been in service for 24 years. The new replacement pick up is already in service , at station #1. Please note that the replacement of this vehicle was a scheduled replacement , j discussed by the Andover Vehicle Committee and approved by the City Council. DISCUSSION The deadline for sealed bids was Friday, November 22, 2002. A minimum price of $5,000 was advertised for this vehicle, The City did receive one bid meeting the minimum dollar amount. The Dalbo, Minnesota fire department has submitted a bid of$6,20l.49. BUDGET IMP ACT The funds for the sale of this vehicle will go to the Capital Equipment Reserve, and allocated for fire department equipment. RECOMMENDATION Staffis recommending City Council accept the bid from Dalbo fire department and authorize the sale of the 1978 Ford pick up truck. 'b:1I'::J:1! Dan Wnke!, Fire Chief / (j) J CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN,US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ FROM: Vicki V olk, City Clerk SUBJECT: Approve 2002 Tobacco License DATE: December 3,2002 INTRODUCTION Aladdin Qutob has applied for a license to sell tobacco at 2248 Bunker Lake Boulevard. DISCUSSION / Mr. Qutob has completed the necessary license application form and paid the appropriate fee for a tobacco store to be located at 2248 Bunker Lake Boulevard. ACTION REOUIRED The City Council is requested to approve a tobacco license for Aladdin Qutob, dba Tobacco Shop, for the period December 15, 2002 to December 31, 2002. Respectfully submitted, U'()$ Vicki V olk City Clerk / (f) I CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER,MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrat~ Will Neumeister, Communi Development Directori{/~ FROM: D. Tyler Mckay, Associate Planner ff/21 SUBJECT: PUBLIC HEARING:Consider Vacation of Drainage and Utility Easement/14393 Osage Street for Taylor Made Homes Inc,-Planning DATE: December 3, 2002 INTRODUCTION The City Council is asked to hold a public hearing to consider vacating a portion of the existing drainage and utility easement of the above referenced property. 1 DISCUSSION The property owner has requested that a portion of an existing drainage and utility easement bordering the southeast end of the property be vacated. A new drainage and utility easement has been proposed on the new property line, which has come into existence after a recent lot split. The Engineering Department has reviewed the proposed easement vacation and determined that the existing easement can be vacated without impacting drainage or utilities in the surrounding area. ACTION REQUESTED The Council is asked to hold a public hearing and approve the proposed vacation of easement. :f.I;UllY mitted, . r Mckay Cc: Taylor Made Homes, 3200 Main Street, Suite #310, Coon Rapids, MN 55448 Attachments Resolution Location Map Property Survey / Exhibit A - legal description CITY OF ANDOVER I COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION GRANTING THE V ACA TION OF EASEMENT REQUEST OF TAYLOR MADE HOMES TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF LOT 4, BLOCK 1 CREEKSIDE ESTATES 2ND ADDITION WHEREAS, Taylor Made Homes have requested to vacate a portion of a drainage and utility easement located on Lot 4, Block 1, Creekside Estates 2nd Addition, legally described on Exhibit A dated June 11, 2002, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following conditions: I 1) That the request is subject to a sunset clause. If the City Council determines that no significant progress has been made within the first twelve months from the approval date the resolution shall be null and void. Adopted by the City Council of the City of Andover on this 3rd day of December 2002, CITY OF ANDOVER ATTEST Michael R. Gamache, Mayor Victoria V olk, City Clerk ~Z- // tocdtbY] ~// Lot Split 14393 Osage Street NW ,., I ~"" ~~"" N ; 1969 14769 '4146 ~ ,.1S3 I- 147311 1 --.r-1..1.T ,(j) ~ 14141 14722 ~ tLi ~ G4717 1920 Z 14719 ~ ~ 1970 ~ 1468!L ~ -I - 1411111 ~~:- ~~ CJ "4670 14669 14652 r--r- ~ --'-= I iil! ~ , Q:" 1009 l-- 14640 ~ ~ ~ I~ --- / "". >-+- _ ~M~ ~ ~ ~ __&4620 14619 14618 ~I ~ ~ - ~ _ L-L-'-- """ 14 TH~ , ~ '459114~6 14570 ~ X 14569 ~ 145191,f518 - .., \t:~ ",.. 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( ierd hcrply "he northwesterly 80.00 feet, as measured at right angles to the northwesterly line thereof, of Lot 4, Block I, CREEKSIDE ESTAlt:S 2NO ADDIllON, according to the recarded plat thereof, Anoka County, Minnesota. Sub )ect to an easement for drainage and utility purposes over that part of the southeasterly 5,00 feet thereof, as measured at right angles to the sautheasterly line thereof, lying northeasterly of the southwesterly 10.00 feet thereof, os measured at right angles to the southwesterly line thereof, and lying southwesterly of the existing drainage and utility easement over the northeasterly part af said Lot 4, PROPOSED LEGAL OESCRIPTION, PARCEL B: The northwesterly 16.35 feet. as measured at right angles to the northwesterly line thereof, of that part of the Northeast Quarter of the Southwest Quarter of Section 27, Township 32, Range 24. Anoka County, Minnesota, described os follows: Beginning at the intersection of the northeasterly line af Quinn Drive (now known as Osage Street NW,) as dedicated in WOOORIDGE ACRES, according to the recorded plat thereof, Anoka County. Minnesota with the northwesterly right-of-way line of County State Aid Highway No. 18, os shown on CREEKSIDE ESTATES. according to the recorded plot thereof. Anoka County. Minnesota; thence northeasterly along said northwesterly right-of-way line a distance of 53,95 feet; thence deflect left along said northwesterl y right-of-way line on a tongential curve hoving a radius of 904.93 feet and a central angle of 8 degrees 18 minutes 34 seconds 0 distance af 131.24 feet to the most easterly southeast corner af CREEKSIDE ESTATES 2ND ADDITlON. according to the recorded plot thereof, Anoka County. Minnesota; thence westerly along the southerly line of said CREEKSIDE ESTATES 2ND ADDITION, a distance of 181,79 feet to an angle point in the southerly line of Lot 4, Block 1, soid CREEKSIDE ESTATES 2ND ADDITlON; thence southwesterly, along the southeasterly line af said Lot 4. a distance of 100,15 feet to the most southerly corner of said Lot 4, and to the northeasterly line of said Ouinn Drive; thence southeasterly along said northeasterly line. a distance of 170.49 feet to the point of beginning. Sub )ect to an easement for drainage and utility purposes over the southeasterly 5.00 feet thereaf and over the southwesterly 10,00 feet thereof. as measured at right angles to the southeasterly and southwesterly lines thereof. AND That part of Lot 4. Block 1. CREEKSIDE ESTATES 2ND ADDITlON, according to the recorded plot thereof, AnakaCounty, Minnesota. lying southeasterly of the northwesterly 80.00 feet thereof. as measured at right angles to the northwesterly line thereof, , / Sub )ect to an easement for drainage and utility purposes over that part of the northwesterly 5,00 feet thereof. as measured at right angles to the northwesterly line thereof, lying northeasterly of the southwesterly 10.00 feet thereat, as measured at right angles to the southwesterly line thereof. and lying southwesterly of the existing . . i er e f sai La PROPOSED LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED: That port of the drainage and utility easement in Lot 4, Block 1, CREEKSIDE ESTATES 2ND ADDITION, according to the recorded plat thereof, Anaka County, Minnesota, lying within 0 strip of lond 5.00 feet in width, the southeasterly line of said strip of land is described as follows: Commencing ot the most southerly comer of said Lot 4; thence northeasterly olong the southeosterly line thereof, a distonce of 10.00 feet to the point of beginning of the line to be described; thence northeasterly along said southeasterly line 0 distance of 90.15 feet to an angle point in soid southeasterly line; thence southeasterly along the southerly line of said Lot 4. a distance of 13.44 feet to the westerly line of the easterly 5.00 feet thereof, os meosured at right angles to easterly line thereof, and there terminating. The southeasterly 5,00 feet al,d the southwesterly 10,00 feet, as measured at right angles to the northwesterly and southwesterly lines thereof, of the following described troct of land: The northwesterly 16.35 feet. as ;"easured at right angles to the northwesterly line thereof, of that part ot the Northeast Quarter of the Southwest Quarter of Section 27, Township 32, Range 24, Anoko County, Minnesoto, described as follows: Beginning at the intersection af the northeasterly line of Quinn Drive (now known as Osage Street NW.) as dedicated in WOODRIDGE ACRES, according to the recorded plat thereof, Anoka County, Minnesota with the northwesterly right-ot-way line af County Stote Aid Highway No, 18, as shawn on CREEKSIDE ESTATES, according to the recorded plat thereof, Anoka County, Minnesata; thence northeasterly along said northwesterly right-af-way line a distance of 53.95 feet; thence deflect left along said northwesterly right-of-way line on 0 tangential curve having a radius af 904.93 feet and a central angle of 8 degrees 18 minutes 34 seconds a distance of 131,24 feet to the most easterly southeast corner of CREEKSIDE ESTATES 2ND ADDITION, according to the recorded plat thereof, Anoka County, Minnesota; thence westerly along the southerly line of said CREEKSIDE ESTATES 2ND ADDITION. a distance of 181.79 feet to an angle point in the southerly line af Lot 4, Block 1. said CREEKSIDE ESTAlt:S 2ND ADDIT10N; thence southwesterly, along the southeasterly line of said Lot 4, a distance of 100,15 feet to the most southerly corner of said Lot 4, / and to the northeasterly line of said Quinn Drive; thence southeasterly olong soid northeasterly line. a distance of 170.49 feet to the point of beginning. AND That part of the southeasterly 10.00 feet of the northwesterly 85.00 feel. as measured at right angles to the northwesterly line thereof, of Lat 4, Block I, CREEKSIDE ESTATES 2ND ADDIT10N. according to the recorded plat thereof, Anoka County, Minnesota, lying northeasterly of the southwester1y 10.00 feet thereof, os measured at right angles to the southwesterly line thereof, and lying sauthwesterly of the exisling drainage and utility easement over the northeasterly part ot said Lot 4. -'5'- (i) ) CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER,MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ FROM: Jim Dickinson, Finance Director SUBJECT: Anoka County Assessor's Office Update DATE: December 3, 2002 INTRODUCTION The City Council had requested that the Anoka County Assessor's Office update the Council on assessment services provided to the City of Andover. Representatives from the Anoka County Assessor's Office will be present at the meeting to present data and answer questions. DISCUSSION Mary Boyle, Principal Appraiser and Jason Dagostino, Residential Appraiser will be present at the meeting to present data about the current year appraisal, some ofthe corrective action taken on City of Andover properties and the status of next years appraisal. Mary Boyle has been very involved with the Andover assessment contract over the past year and Jason Dagostino is the current appraiser assigned to the City of Andover. BUDGET IMP ACT Assessing Services is reviewed annually as part of the budget process. The 2003 City of Andover proposed budget for assessment services is $110,000. ACTION REOUESTED The Andover City Council is requested to review and comment on the Anoka County Assessor's Office update. / (jj) / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN,US TO: Mayor and Council Members CC: John Erar, City Administrator9~ FROM: Bill Ottensmann, City Engineer SUBJECT: Resident Request - Marystone Boulevard Improvement DATE: December 3, 2002 INTRODUCTION On October 15,2002, Mr. James Neilson addressed the City council regarding possible improvement to Marystone Boulevard by means other than the normal City improvement process and in variance with City Roadway Construction Standards. The City Council at its meeting of November 6,2002, requested further information related to how other Communities handle similar situations. DISCUSSION At the Councils request I have contacted the communities noted in the attachment. I have swnmarized their policies related to requested construction of narrow streets and possible variance from City standards. Several communities have reconstructed narrow streets. The general theme of the smaller communities is they would approve narrow streets, if they cannot be constructed to City standards for environmental reasons, or to reduce maintenance. "Specimen Trees" would be an acceptable environmental reason. Of those communities with populations similar or larger than Andover, Plymouth and Minnetonka would not construct at less than a 22- foot width, Chanhassen would build as narrow as 20 feet for environmental considerations and Mahtomedi would attempt to obtain a minimum of20 - 22 feet width. Marystone Street is a gravel street. The existing gravel width varies from approximately 16 feet to 18 feet. Wooded areas are relatively near the traveled way. Generally the wooded areas are small trees and brush. There is no defined drainage system. Drainage is generally sheet runoff to the side of the road at the lowest areas. The ROW was apparently acquired through prescriptive use. City Engineer's Recommendation Notwithstanding what has been done in other Communities, the staff position is that if the road is / to be improved it should be brought up to City standards for reasons stated in the previous memo from the City Administrator. If the Council wishes to allow Mr. Nielson and the Neighborhood to proceed with the improvements, staff would suggest the following conditions be imposeQon this improvement. As the improvements proposed by Mr. Neilson are at variance with city standards, a record should be established for purposes of documenting the legislative variances approved by Council to established City standards. 1) A Registered Engineer prepare Plans and Specifications. 2) Plans and Specifications be reviewed by City Engineering staff. Street width be a minimum of20 feet to meet State Fire Code 3) Trees and Brush be cleared adjacent to pavement to provide a safety area. (I feel the brush and trees can be cleared without having a significant adverse esthetic on the neighborhood.) 4) Right of way easements be granted to the City for developed ROW. 5) The City provide inspection services during the construction process. 6) Material testing be provided by an independent materials testing company to ensure the product is consistent with approved material standards. 7) A bond or security escrow be provided to insure proper construction and payment to the contractor. Proper lien releases be provided as needed. 8) An escrow be provided by the neighborhood for reimbursement of staff time for the improvement process similar to the installation of streets by private developers. 9) All affected property owners agree to indemnifY and hold hannless the City its agents, / and employees in the event of any accidents, flooding or other 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. (This would not preclude any party from litigating against the City, as this roadway is essentially under the control ofthe City.) 10) The affected property owners waive any damage to the street caused by City vehicles or emergency vehicles using the street and attributed to substandard design issues. ACTION REOUESTED Consider the request by Mr. Neilson and determine the appropriateness of granting the request in light of the information presented in staff reports. Should Council agree to Mr. Neilson's request staffwould respectfully recommend the Council identifY which, if any, of the specific conditions listed above would be imposed on this project? Respectfully submitted lJ~~0~/\"tl... ) William R. Ottensmann City Engineer ) CC: Mr. James Neilson, 4949 Marystone Boulevard, Andover. MN. 55304 Marystone Boulevard Residents of Record NARROW STREET ANALYSIS PLYMOUTH, Population 65,894 Have some old narrow streets. Built on or before late 60's. Would not rebuild or repave them unless constructed to City standards. City would allow building down to 22 feet wide. Have not built any that narrow. Standard is 32 feet. Have rebuilt as narrow as 24 feet. Drainage is looked at on a project-by-project basis DELLWOOD ,Population 1,033 Have some narrow streets. Have not rebuilt or rebuilt or repaved any in at least last 5 years. DEEPHA VEN, Population 3,853, GREENWOOD Population 729, AND WOODLAND, Population 480. Have many narrow streets as narrow as 16 feet. Do overlay to existing width without modifying existing drainage or lack thereof. Would reconstruct to existing width with new base and new surface. MINNETONKA, Population 51,301 Have some narrow streets. Twenty-six foot width is standard. Have rebuilt as narrow as 22 feet with Curb and gutter. They look at each situation individually. They probably would not rebuild less than 20 feet. Iflack of ditches does not appear to be a problem they would consider rebuilding without ditches. The consideration is whether paving I would reduce maintenance. If they are requested to take over a private street, they insist the street be rebuilt to City standard of26 feet. CHANHASSEN, Population 20,321 Have some narrow streets. Twenty-eight foot with curb and gutter is standard. Would vary down to 20 foot for environmental considerations. Valuable trees are potentially an environmental consideration. Would look at the request on a case-by-case basis. Drainage would be a consideration. Council would have to approve the variance from the standard. MAHTOMEDI, Population 7,563 Have many narrow streets as narrow as twelve feet. They try to obtain a 20 to 22 foot width. The have no standard they use in rebuilding the streets. They look at the requested street on an individual basis. Considerations are right of way, aesthetics and whether the requested design can be maintained with existing equipment. Drainage is an important consideration. Depending on the circumstances, they may require some type of curb or swale or ditch system. Public input is solicited. The Council makes the final decision on the design. EXCELSIOR, Population 2,393 Have a number of narrow streets down to 15-foot pavement width. They look at each / request on a individual basis including drainage. @ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER,MN.US TO: Mayor and Councilmembers CC: John Erar, City Administratortv Will Neumeister, Community evelopment Director atIv-- FROM: Courtney Bednarz, City Plann~ SUBJECT: Consider Lot Split! 16030 Makah Street NW (continued from November 6th)-Planning DATE: December 3, 2002 INTRODUCTION This item continues the discussion of this lot split request from two previous City Council Meetings. Additional information on the last five lot splits approved by the Council is included below. Two letters from the applicant and three letters of opposition from the neighboring property owners are attached. 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. DISCUSSION The table below summarizes the last five residential lot split approved by the Council. Variances are shown in bold with additional descri tion on the followmg page. File # 02-07 02-06 02-05 02-04 02-03 Address 13 xxx 14393 Round 1516 14SU' 3560 142"d Crooked Osage Lake Ln Ln Lake Blvd Street NW Blvd/l 81 51 Ave Applicant Stahnke Taylor James RyChel Johnson Homes Made Szykulski Gaustad Custom Homes Homes Tvpe Urban Urban Rural Urban Urban Parcel A Width 77.22 feetl 80 300 114 feet 104.31 Depth 551.59 feet 551 feet 425 feet 188 feet 121.23 feet , Area 42,593 sf 42,917 sf 2.82 acres 21,432 sf 13,119 sf Parcel B Width 77.23 feet I 80.25 feet 425 feet 96 feet 50.50 feee Depth 399.48 feet 551 feet 292 feet 188 feet 121.23 feet I Variances to)ot width approved based on error of Auditors Subdivision No. 137 which declared the parent lot to be 165 feet in width. A survey for the lot split correctly defined the parent lot width at 154.15 feet. Sewer and water stubs had already been constructed for both lots prior to the lot split application as well. 2 This lot received special consideration from the City Council during plat review which allowed a twinhouse to be constructed on the lot. The twinhouse was constructed to maximize the separation from Round Lake Boulevard (CSAH 9). The lot split created a lot for each unit which allowed the units to be sold and owner occupied instead of rented. 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 ofthe 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 120 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 of the 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. 2 Background information for Tahk 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. / As reflected in the table above, it is the applicant's intent to create a new lot that meets all ofthe 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. / 3 -, Property History , It is important to note that a lot split for the subject property was denied by the City Council on July IS, 1997. Resolution R166-97 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 15, 1997 Council Minutes Letters from Neighbors Planning Commission Minutes (9/24/02) City Council Minutes (10/15/02) J City Council Minutes (11/6/02) Cc: John Moore, 16030 Makah Street NW 4 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. 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 16030 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 16030 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. Appro.val 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 ,2002. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk 5 _ ~ 0 . I:: ~. a. Z "C 0 m ~ CD i _~ M:2 >-OO-S CO ...._ E a. Ou ..... 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He also reported on the Sherifrs 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 Andersobn bas 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 J 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 SPLIT/16200MAKAH STREET NWIGARY AND UNNETTE 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 ofa 120 x 120-foot roadway easement for a cul-de-sac off the end of 1 62nd 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 120 x 120-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 concerned 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. -f, -- F,le ~qOf""O" ' ~0tJN&-,l- M1N~~: Regular Andover City Council Meeting Minures-Febnuuyl.2000 Page 4 (Lot sp/it/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 easemeJ;lt being requested is for the standard cuI-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 com~ 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 if it will come back to the west and onto those properties. Potentially cul-de-sacs could be J put on the other stub streets as well in the future. ~. Carlberg stated if the cuI-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. Cotmcilmember 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 6Ox120-foot easement, which would give the ability of obtaining the same from the property to the north iftbat 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. "" "' 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 601 x 120' street, drainage and utility easement along the northwest corner of said property adjacent to 1 62nd Lane NW by the City Council", deleting the language "in lieu of park dedication". Add Ii provision for park dedication fees per the ordinance. (Resolution R032-00) Motion carried unanimously. ORDER ABA TEMENT FOR FlRE 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- FILZ ~ t:t:f-e>L/ ~~JftJ:"1 L . I _-- --- I , \111~~ I --. ~ !i! -l Alo N ~.. z. 0 ~ ,. ",?; ,... .. a~ z..CI .CI g.';g :En ~g .O!! :l~ i'1~ lLg . - 0 "'.. z, ...... t;'st.z lllz ~CI "'I '''' "0 '" "I" "'''1 ;- =-a-i gt ~g ...'" -:N "'... ...'" !"... '!!.l Z 2.~g im e~ <.is o. 0'" ;.; ~ i:-l z ~, ,ll! !.~ Ii ~i :el .-r.~. ' . a~ 2.~ ... g- .. .. ...~ d llll@ an ~~ -- rq ll.P. ~~ c> .. ![~' ~ j :l "'~ '" . l!!~ ~ ~ ..~R ..... zb ...... ~ IP ~.. ~ :0_ m;; p~ ;i~ "'1It ~ s tJ Z. $A "'4' 5 ! e~ ji!j:! r -Tho Eaol ... ." 11>0 wool DLOO fool (') .. f I I o ~. -z,!r :p -.. I / II ('TJ z · / . zrll I.) .... \ J ::u 0 -... . N 0'16'24" E ",:1'3 ~ 'j:! 1Itj:! ~:... -- --348.32-- -- ::! ~ ~~ .... , \ )2.1 :j ~ - I I I :!l ;lit" If I J. I f... \JI It: zl.o f.:. to (') !Q.f (/) ..... 0" T ~ - . .... I a3 ~ -1: ~f .. "8 .. l; - ('TJ ...~~ '1l - ;;l ~ "'..... ~ . . J c '" - 0 :> .- ... a 2- . '" ~ . ." ~ .. - .. ...... 0 :>' If v' - . lilt ., ;;l '" ~ :1 '''' <n >- . ..."l C .- ... l' .- "I" "'''' a ~ t~ U1... ::u .,. ~ -------131..J------- G.tA 2: .. .... "'''' < .. I:: "'U1 ' . -4 ... 2- :; "!I I... ~ .. :> . , ::I . :e n i - ~ .. 0 c l' D :> f"J ~ ~ !!; 0 , ~ r I g , . n ! - .. 1'\ .. !i )! D .. ~ t ... t. !!; I , I :> , , :> I I ~ . , . \ I I ll. .. - - ~ ) I --c.., so-Wi::; -~ I \..H '-- EdOI ., ........ ....... .!. L______________________J MAKAH STREET NW / I ~' - , .! ;Jii' ( -- (I) r c :: 2.~ o. < - ~ ~ 1:'- i ~ 5 II ... I~ l!: ... -0'- 0- ~ ~:'Ii R ~ :'I S _.... _ct" !!. ii .- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DENYING THE LOT SPLIT REQUEST TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS WITH V ARlANCES TO THE MINIMUM LOT WIDTH AND LOT SIZE REQUIREMENTS OF THE SINGLE FAMILY RURAL RESIDENTIAL (R-1) ZONING DISTRICT FOR PROPERTY LOCATED AT 16030 MAKAR STREETNW 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 16030 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-1); 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 Miniinum District Provisions for Single Family Rural Residential (R-1) 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-1) Zoning District. Adopted by the City Council of the City of Andover on this _ day of , 2002. CITY OF ANDOVER ATTEST: Michael R Gamache, Mayor / Victoria V olk, City Clerk 4- Lot Split 16030 Makah Street NW I I 16J56 \ 16330 n lJ.\n= 16300 16287 4755 4725 16220 4581 - 4613 16250 4643 16241 4850 " I ~ 4756 4726 16200 4580 4644 46,.. 1f 00 l <2: l;:r 4755 (725 16140 I~ ~1 4643 4613 t- 161~ 16191 ........ ____ . ~ . ~~ I ., I- '8'50 4758 4726 16120 16121 4644 4614 f------1 b I 16107 I / 4843 4755 4725 16100 4681 4543 4615 16090 16OB7 '6~ li I - 1BOBO 4818 ~n"T1. 4754 16037 16036 16037 16030 18037 -;, ....... 16038 18055 16014 16015 1B01.c 16015 160'4 15961 / 4111 16019 16002 '6966 V. 15ll64'5iSIl 16958 ji:I '''58 '6005 --....... J '0011 / \'V.... '" '5960 - 15952 15961 . 159<< 15935 15934 15935 ~ _ ~u 1~ 4615 4517 15922 4657 4643 4613 15930 r---- '6001 ..,. }I ~530 '5641 '5640 '584' '592' or- . 15868 15868 462. 15830 .517 4750 ___ ~ '5631 '5B20.:J 15850& I __ ~ 15821 r- 158'0 '58'0 ~ 1590' '5821 I 15820 15815 15790 15800 4764 ~ ~ 15800 1580' '~5BOO 1$8;21 4401 15174 j \; 1~ 15741 15140...q 15B30 4748 \ \.... .-.. I~ 15731"" 15730 4420 --;}I 15772 ~~ '57'0 ~~ '572' ~;;;; 1572' 4400 15710 ~_~10 ~574B 10!01""1 '5700~ 1570' 15706 .345 '5720 ~ 1 l;'7Tl-I ,,\/C 15573 I I 1667' ~ ::-, ,56&1 15672 ~ ~ 15540 I L...- '5643 '5658 / :Q)), ~ '5629 I /11 ;w; 15628 15521 15620 ~ 15598 15593 15BOot. I I . Project Location Map w~. . -15- Andover Planning City of Andover October 15, 2002 1685 Crosstown Blvd. NW Andover. Mn. 55304 Ref Split ofTract "W", Registered Land Survey #72 Attn: Mayor and City Council Ourtract"W" has two (2) of the three (3) requirements (lot depth over 150 ft. and lot area of5 acres) of5.03 acres and 500 ft. +in depth. We are requesting a variance because the width at the front Qfthe 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 it set back is figured, 46 ft. in width is lost due to curvature of frontage road) and 500 it + in depth. The South halfwill be 2.5+ acres in area, 245.25 it in width and 500 it + 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 IlIIIIlbe:r 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 10 $4,000 yearly. Of the 16 property owncrswho opposed the split in 1997, only two (2) came forward at the Public Hearing on Sept 24,2002 to express opposition Mrs. Momoe (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 of1he property in 1998, there have been three (3) lot splits. On Feb. 1,2000 the tract "1'" (16200) was allowed a split even though it was 4.9 acres in size and the new lot (4584 -162- Lane) is only 2.36 acres in size. The Reshetars were not required to provide proot: as we have been, that tract "1'" 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 allthe requirements for R-I Single Rural classification (lot width - 300 ft., depth 150 ft. and area of2.5 acres) be eligiole 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 I -,,-- 11/~3/2~~2 19:35 763-576-182~ JOHN MOORE PAGE ~1 City of Andover Nov. 6,2002 1685 Crosstown Blvd. NW Andover, Mn. 55304 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 St.. 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(1) 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 I Andover, Mn. ~onal1f)~3 -$J~-/ ~A e.. --'2..- .. In. I ,.,,-, -.nn-. .. 00 . .,.., ?l"., C:;?l". 1 i=l?Cl PAr.i=.Cl1 . . Property Sketch .. 'f< .. John F. Moore 16030 Makah St. N. W. Andover, MN, 55304 I I I , I I I , . SJ I . I I I at,C5S ... n. I SJI3 &CrftI I , I , , , , , , , , , , , , --------------------------------- I ~ Tract W, N: I Registered Land 1 INCH -~DO FEEr Survey .No. 72 ANOKA COUNTY, MINNESOTA Subject to easements of record, if any. BOOK _ PAGE_ , I hereby certify that this survey, plan or report was prepored by 1111 eE. me or under my direct supervision and that I am a duly Registered Lond Surveyor under the laws of the State of Minnesota. #~~ awa t,.p.ers ..-: lMtlI ~ .. ,....... .... ..... ........ ssw g/24/02 7u-4e7-58i1 FAX 7A-427-G521 Charles R. Christop erson, MN Ucense No. 1842! 11 .... Dc;lte ~z :-'\~ ~ .L.~ _iI\ . :c;:~ ~~ ~ ~I:::) ~~ ~. rJ 6JIf.4~' ~~.w LINE ~ ~ . ~ "t'7. ~ ~ _ ~ .:tl <::P ~'> . . ~~ ~1.1" cr . ~ e:.so.8Z ~~t>4~'%.e -z1 ...l N 734.0'3> ~[; ~i~!>>'!:>S- e [TI ~ :..a &:;-'44- ~ e,Z" 27' I:>" e ~ \:fo ~ ~ ::% C ~I,) .. t' ~~ ~a ~I - E.M>i - ~.oo -- \z. >- -~ ... \) ~. ~~ ~ '~TOWN- ROAD ~ i~.%7 -- l.1&:Z:1 _? - /S9P\ . - ... ~ t . II ~~ eM,. z , E:.~ 0 .J ~~ ... eocnu L./Nf or Nt Y4 tJf ~w 1'4 of ~~C. I~ ,r.n, R.'Z4 c Clo ~ . < ~ ~"' .. ....." ... ~~~ 0 . . ... . _ t\\ ~ ~-.::: A; ~ . If- I "\"t p CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 166-97 A RESOLUTION DENYING THE LOT SPLI1\V ARIANCE REQUEST OF TARRI AND KEVIN STANTON PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM WlDTI! AT FRONT SETBACK REQUIREMENT ON PROPERTY LOCATED AT 16030 MAKAH STREET NW (pIN 18-32-24-31-0008). WHEREAS, Tarri and Kevin Stanton. have requested to split the northern 2.5 1 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 31 feet on Parcel A. and 30 feet from Parcel at 16030 Makah Street NW legally described as Trac:t W, ~gistere~ Land Survey No. 72. WHEREA~, 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. r 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: 1. Opposition from neighboring land owners. 2. Lack ofa hardship. J 3. The unique and probable devaluation of other homes in the area. 4. Ownership status of the property. -1~- I Page Two LSWAR 97-05 . 16030 Makah Street NW July 15, 1997 Adopted by the City Council of the City of Andover on this.l21h day of ~, 1997. CITY OF ANDOVER ATTEST: ~dI& Victoria Volk, City Clerk / - . I -,~- .,- Regular Andover Ci ty Council Meeting )inutes - July ~5, ~997 page""Z (Publi~earing: vacation of Easement/~4133 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 110-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 ~uld 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 move the line to the 100-ye r flood elevation~ This was excess easemen~through the lot. Mayo McKelvey opened the hearing for public testim~y. 7:49 p.m. . Bradford? . 14161 OUince S~et NW - didn't derstand why the area is being vacated. The lot is ve small. Lot 1 is also extremely narrow, and he feared the same thing would hav to be done on that lot. Councilmember Orttel explained e polic is to' obtain easement up to the laO-year flood. The easementove hat is being vacated ~o.build on it. When drawing the plat, str ig lines were drawn for easement ?r convenience. The vacation of sement over the lOa-year flood . ~levation is necessary to make the larger and buildable. Jer Windschi tl Ashford Devel ment stated in order to g~t the larger house size to work, extr area is n eded. The original drafting was simply an error and they d' '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 - state the City already has eyor's certificate on that lot. Mr. Er kson agreed Staff does have a photocopy of the , . surveyor I s certif ic e. The Watershed does not ne d to revi ew .this unless it encroac _s into the 100-year flood, whic this does not. Councilmember De wanted to be sure the letter from he s~rveyor is with the packet f material so the City is aware of who i responsible, preferring tha to be, in the Resolution as well. za, Seconded by Dehn, to close the public hearin Motion imously. 7:56 p.m. Knight, Seconded by Kunza, introducing the Resolution gr iance. (See Resolution R165-97) Motion carried unanimo .m. , .. ~':)T SPLIT/VARIANCE/15030 MAKAII 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 . - f7- , /~gular Andover Ci cy Council Meecing Minutes - July 15, 1997 Page 5 (Loc Split/Variance/15030 Makah Screec/Scanton, 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 split. Ma.."'lY neighbors spoke in opposition of the request ci tir>g 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 probab~e 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 i?-nd variance because similar' requests have been granted in the past. In figuring the averages of the tract sizes in that. vicinity 'ssuming the split of his lot, the average land size is 2.48 acres. He ilso determined that the average lot frontage without the split is 286 leet. It would be 271 feet with the split of his lot. He looked at those factors before making the decision to ~plit 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 SO-percent level, which makes his parcel above average. With the lot sp~it, the parcels will remain at 2.51 acres, which is above the average si~e 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 coinmission that he was told. his lot is subdividable. That parcel can be split because of the road abutting that tri?-ct to th~ 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 ;ommission ruled in their favor and asked the Council to do the same. ,ill FildO'e. 16005 Makah Street - east side of Makah, moved there in 19BO. 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. -/1- Regu1.ar Andover Ci ty Council Meeting .ofinutes - July 15, 1997 Page G (Lot Split/Variance/lG030 Makah Street/Stanton, Con tinued) 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 Maonolia Street NW. Coon Raoids. owner of Tract V - stated he has a problem because the lot split is requiring a variance. "he rules and regulations were' put in there for a reason, and he has a problem 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 spli t 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. Stan ton has talked with adjacent property owners and hasn't been successful 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 spl its did not affect Makah Street. , ~OTION by Knight, Seconded by Dehn, to deny the request for the lot spli t and variance. (See Resolution R166-97) Motion carried unanimously. -t7- I4J 002 11/05/02 TUB 12:45 FAX 612 932 2620 Real Estate/DSG ,; - ' 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. 'have owned this property since 1987. Unfortunately' 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;s 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. / -20- 612 932 2620 PAGE. 02 NOV 05 2002 11:45 TUE 12:46 FAX 612 932 2620 Real Estate/DSG ~003 11/05/02 . 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 7th. 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, ;1J~~ Carl Spencer 12180 Magnolia St. N.W. Coon Rapids, MN 55448 / -7..(- PAriF.VI:'I Nnu VIS ?Vlvl? 1 1 : dF'. F'.1? g:'l? ?F'.?VI ~ W)t\IQ,^^- \... hl~cze 0....10 Jeanne A. Fudge 16005 Makah Street N. W., Andover, Mi.rme.cota. 55304 (/-5-02- ~~j0-t. Gty ~~ Qr"l~ tf1DJO ( t A.1/\d..o-vW Q.:., S\lZ.M tSl'~Ol..~ wt... \ncuJE:... ~Q OtL'I "\;10 we. OY) a.. '5 - ~ \0-+- a:\- 110 DOS- M ~a..h S\. tJ u) ~ &0& ;;Z;;;.. ~e.~. cLVIlo lD a., wvU ~\1.-.0 Wt.e. Q. c.x-D -nu ~aJu."vl U ,) .. tJQ Q..J 5' - C<..-~ to-\- C<<J u) ~ Q.s ~ Cttrru5 I'L. 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A/sTU/td fl'r0-.u Pnvi/~ '1 cI an/'/17~ .17 ~ . ;lid- 1(5(/ %.- ~, J) rDo /Vot ~ ~ 1ff7~ CL- Lo:t a;-f; /J; 15 t'.~1 cku c2 SO c re- /11f'r7 /171 ~ omdt/ k-~fi'u~ 70 .Jhb U7d. . --1 (. l' -L -- , PI? /ruf ~ IJljj-o~ ~4 Llj) 9#//7 rflY'7 arTd& 10. !11L. 5711-r ;r/ iChtL ;/;;/4 I! r.tSJ -ed! '/IlL r>>trfC%-?? mvrc/l rr C-U! I~; e-e-l;c, ~c) ~ /MaR a> . '. .fle~ cJn0~. . ) an ~f:S;:i7 )cJrn{ hi az r~ / M . Chi~ 70 Cl 'd!. 7J ~ 5fNlrX an d c~rVr; ff Ch7 , . ~ {L Sn7 . ~1 td!I~ ~ //1 - ( (/AA.) A ~ ~h/ t~ :;t {l/Yl rud OCr)~ mCh?/ n dI2t ' odc!r~~YJ '!/;mmWJ1f .sire{ Llf.('. a f&nJ . :5?nad ~/ coJ-e-Jc aRi#~ TO ~/L/~I etJn-SVrY~ . ~. . Y; cL /n4} ho 1?1rJU.. I(,f; ta.- ~tutL CtTn7mCM1r'T . '.erJUc '7iiz ~LU1 7lJ C9pr.ad J-- . ~ /1'1 flJ . ~if' - .. ,. /) . ) 7O-u de~ P . 4no/;~ 1~ 1JA9-/a 70 f'r-0 J61?/-t rJ-cu/. :JIll dI /1 A VtJn __ 5n1 7iJr4n ) cvm/ 1 ~lbrY Nn7mU0/"7j' . ~ pf~5-frt/~ ~ ~'1/7' . ; " /' /2/1/ cgeP-~ T~;' . , . j -u~ Regular Andover Planning a,nd Zoning Commission Meeting Minutes - September 24, 2002 Page 2 j ~ PUBLIC HEARING: LOT SPLIT (02-09) TO CJlEATE 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 miniminn, 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 staff is 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 -t.7- 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 MI. 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. MI. 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.rn. Motion carried on a 5-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. John Moore, 16030 Makah StreetNW, 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. MI. Moore stated six lot splits have occurred Within his / neighborhood. MI. 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 15 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 A venue 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 I him are short of 5 acres. He noted his one lot being added would compliment homes across the street - tZ- Regular Andover Planning and Zoning Commission Meeting Minutes - September 24, 2002 Page 4 , 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 as-ayes, O-nays, 2-absent (Chairperson Squires and Commissioner Kirchoff) vote. Commissioner Greenwald asked if the both lots met the 300-10t width and 2.5 acres if it 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 the applicant has brought this before the Commission for a second time, being denied the first time due to lack of hardship. Commissioner Greenwald reminded staff to 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. ----J denying Lot Split 02-09 to create Ii 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 as-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, 200i City Council meeting. -1.7" / 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 of the 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 if they are I going to do this, they need to find a way. 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 staffwas 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 SPliT REQUEST/16030 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.ofthe 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 nmmiinously recommended denial of the proposed lot split citing that findings had not been demonstrated for the proposed variance. -':3'0 - Regular Andover City Council Meeting Minutes - October 15, 2002 Page 11 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/16030 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 A venue 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 of the 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 -1 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 concemed 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 -31 ~ '/ A0t/~k-r ~ Z/J(jZ- 6JVJ1c(/ lJ1iltu-ir tI , CONSIDER LOT SPLIT REQ UEST/I 6030 MAKAH STREET NW ADDITIONAL I INFORMATION (CONTINUED) Community Development Director Neumeister stated 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. Mr. Neumeister stated 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. Mr. Neunieister discussed this item with the Council and stated the Planning Commission unanimously recommended denial of the proposed lot split citing that findings had not been demonstrated for the proposed variance. Councilmember Orttel stated that over the years they have given a number of variances on lot splits and they were told there is not a standard with lot splits. He wanted to know how they allowed all the other lot splits. Mr. Neumeister stated there is a lot split provision but there are standards to be met. The Council discussed previous lot splits in the City and what the difference was between those and the one for approval. I Mr. Moore read from his letter dated November 6, 2002. Mr. Moore showed maps regarding the curve in the road and the elevation of the land arid discussed why the road needed to curve in order to make a part of the land buildable across from his property. Mr. Moore argued the reasons for denial and discussed the reasons why it was previously denied. Councilmember Jacobson asked what year they purchased the property. Mr. Moore stated they purchased the property in 1998 for the home. He stated at that time he did not consider splitting the lot until a neighbor told him they would like to see a home across the road from them. Councilmember Trude stated there are sixteen lots and four have already been split to 2.5 acres. Councilmember Orttel stated the object when platted was to avoid the platting ordinance. Mr. Moore stated he thought part of the reason why the road was curved was because of the marshland on the property across from his. He stated that thirty percent of the owners on the west side of the road do not have five acres of land and that the staff at the time did not fully inform the Council and Mayor that the lots did not have 5 acres to begin with. He stated he had to get a surveyor to check his plot to make sure he had five acres. Councilmember Jacobson stated there were two ways to go. They could either give him a variance without a hardship or give him a variance stating there is a hardship because of the curve in the road. I Councilmember Orttel stated asked if a variance would destroy the integrity of the neighborhood or would it make it look denser, and is there a hardship. He stated they would be setting a precedence because of the curve of the road creates a hardship and would have to create a hardship on other properties. -:Jl,- -// IVore?J?1kLt, OfdZ(J;~J1oil?Ji/l~ic//---- Mr. Carl Spencer, 12180 Magnolia Street, Coon Rapids owner of Tract B, property directly north of the proposed property stated he did not receive a notice of hearing from the Planning Commission so he did not appear. Mr. Spencer read from a letter he sent to Mr. Bednarz to the Council. He requested the Council deny the lot split request. Councilmember Trude asked Mr. Spencer if they were planning on building a new house on the lot they own. Mr. Spencer stated they are planning on building on the land but they have not had the opportunity to do this. Councilmember Knight asked if he is an original owner of the property in Andover. Mr. Spencer stated he was and that he purchased the land from Mr. Smith. Motion by Jacobson, Seconded by Gamache, to approve the resolution to deny Item No. 21 (Consider Lot Split/16030 Makah Street NW). Mr. Moore stated there have been more splits that Mr. Spencer has not objected to. Mr. Moore stated the other splits did not require variances so there was no notification. He stated his problem is that there are a few neighbors in the area that want to object to this split, but not the other splits. He cited other houses being built on the splits already approved. I Mayor Gamache stated why the neighbors are against this split is because the other splits did not affect their street. Mr. Moore stated there has been a precedence set in the area and other lots have already been allowed to be split. Mark & Pat Monroe, 15961 Makah Street stated they have been opposed to every split proposed in the area. He stated it is a rural area and they would like to keep it a rural area. Councilmember Trude asked City Attorney Hawkins if there is an issue of unequal treatment of people with similar sized lots. She asked if the City Council was bound to hold up to this type of thing they bought into because it is not a planned unit development and there are not any deed restrictions. City Attorney Hawkins stated the standards are clear that that they have to base it upon. For this instance they have to look at the standards in the Ordinance. He stated he did not think they were bound because of past variances that were approved. Councilmember Knight stated when the Planning and Zoning Commission takes a position based on the Ordinance, the Council is obligated to follow their decision. Couocilmember Trude stated they have a potential hardship with the curve in the road. Councilmember Knight stated they should be more consistent as to whether they need to look at this I from the center of the road or from the setback Mr. Moore stated the comment in relation to where the lots are determined is because it is a registered land survey that the road stays ownership to the land and therefore the lot is always at the -3'3 - =--7/11irl0itffiY~~--il0 Z-@xJYzc/! 7lllfZvEfl/= , original survey. If the road is ever given up, that land is then given back to the owner. Councilmember Trude stated she did not think she could vote to support this because they need to have a new standard regarding this and there needs to be a more consistent way of approving these. She stated the ordinance has not always been followed closely in the past. Councilmember Orttel stated that every plat that comes through has a variance of some sort and becomes part of the plat and they have never asked for a hardship. Motion failed 1 aye (Jacobson), 4 nays (Knight, Trude, Orttel, Gamache). Councilmember Orttel stated he would like to have stafflook at previous lot splits to be consistent in the application of the Ordinance. Councilmember Trude stated she would like staff to look at the rules. Councilmember Orttel stated he would like to see the meeting minutes on the last five lot splits they have done. Mayor Gamache stated they would like to have staffbring back the information to the Council at the first meeting in December. Councilmember Trude stated they should have this brought back in two parts. The fust part would be to receive as piece of information for general discussion and then part two would be how to address the situation. Councilmember Orttel stated he would like to see past lot split minutes from the 1980's to see how the Council handled them. Mr. Monroe stated this same lot was denied in 1997 for a lot split and if it is approved, the City is setting themselves up for a lawsuit because the previous owner when denied put the house in foreclosure. - 31 - @ 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 Administratof FROM: Jim Dickinson, Finance Director SUBJECT: Call for Bond Sale / 2003 General Obligation Capital Notes DATE: December 3, 2002 INTRODUCTION The Andover City Council is requested to call for the sale of approximately $400,000 General Obligation Capital Equipment Notes to provide financing for the equipment purchases contemplated through the 2003 City of Andover annual budget process. DISCUSSION The Andover City Council as part of the Preliminary 2003 Budget and Preliminary Levy certification at the September 3, 2002 Council meeting contemplated an annual debt levy of '. / $200,000 for General Obligation Equipment Notes for primarily Public Safety and Public Works purchases (a listing of equipment is attached). The Finance Department's intent is to do a private placement of these bonds with a local bank to save substantial issuance costs, and will utilize our bond counsel (Briggs & Morgan) to assist with legal issues. BUDGET IMP ACT The issuance of bonds will provide for 2003 equipment purchases contemplated in the 2003- 2007 Capital Improvement Plan, and 2003 Budget. ACTION REQUESTED The City Council is requested to approve the attached resolution providing for the sale of 2003 General Obligation Capital Notes ectfully submitted, - Attachments / 2003 Equipment Bond Purchases Emergency Sirens $ 80,500 Civil Defense Turn-Out Gear 7,000 Fire Self Contained Breathing Apparatus 100,000 Fire Turn-Out Gear Washing Machine 8,500 Fire Automatic Defibrillators 6,000 Fire Scanner I Copier 50,000 Planning Street Sweeper 105,000 Streets/H ig hways Message Sign Board 28,000 Streets/H ig hways $ 385,000 / . I EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: December 4, 2002 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 4th day of December, 2002, at 7:00 o'clock P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION LEVYING A TAX FOR THE PAYMENT OF GENERAL OBLIGATION CAPITAL NOTES OF 2003 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City") proposes to issue its General Obligation Capital Notes of 2003 (the "Capital Notes") in 2003 to finance certain equipment pursuant to Minnesota Statutes, Section 412.301; and I B. WHEREAS, the City proposes to levy a tax pursuant to Minnesota Statutes, Section 475.61 payable commencing in 2003 to pay debt service on the Capital Notes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Issuance of Capital Notes. The City hereby authorizes the issuance of the Capital Notes. 2. Capital Notes of 2003 Tax Levy. To provide moneys for payment of debt service on the Capital Notes there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Year of Tax Levy Tax Collection Amount 2002 2003 $200,000 The motion for the adoption of the foregoing resolution was duly seconded by member and upon a vote being taken thereon, the following voted in favor thereof: , and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA , COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of the City Council of the City of Andover held on the date therein indicated, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to levying a tax for the payment of General Obligation Capital Notes of2003. WITNESS my hand as such City Clerk this 4th day of December, 2002. City Clerk / , 1472159vl 2 @ . CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ Will Neumeister, Community evelopment Director wL FROM: Courtney Bednarz, City Planndf1 SUBJECT: Approve Variance for Sideyard Setback/2860 13Sth Avenue NW - Planning. DATE: December 3, 2002 INTRODUCTION The applicant is requesting a variance to reduce the side yard setback for a proposed addition to the existing house. DISCUSSION The applicant intends to finish the existing garage to add additional finished square footage to the existing house. A new garage with living space above would be added to the west side ofthe existing garage. The addition would extend to 8.5 feet from the side property line. The side yard setback for the new garage would exceed the six foot setback requirement. The living space above the garage would be 1.5 feet below the 10 foot side yard setback for houses. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the variance request. The minutes from that meeting are attached. Applicable Ordinances Ordinance 8 Section 5.04 requires findings to substantiate variance requests. State Statute provides review criteria that are used to determine the merit of variance cases. In all cases the applicant must demonstrate undue hardship. The considerations for undue hardship include: 1. There are circumstances unique to the property that were not created by the landowner. Unique conditions may include the physical characteristics, including topography or water conditions that may exist on the property. 2. The property, if the variance is granted, will not be out of character with other properties in the same neighborhood. 3. The applicant has exhausted all reasonable possibilities for using his/her property or combining a substandard lot due to size, shape or lot line dimensions, with an adjacent vacant lot. 4. Economic considerations may not constitute an undue hardship if reasonable use of the property exists. Findings The applicant has provided a letter (attached) to provide findings to substantiate the variance. The applicant has also indicated the following: j 1. The west wall of the existing garage will provide structural support for the renovation of the existing garage as well as the addition. It would be a hardship to the applicant to remove and relocate the existing structural wall to provide an additional 1.5 foot setback. 2. The property line is angled slightly away from the structure allowing the setback to increase to 9.5 feet at the rear of the proposed structure. 3. A fence exists between the proposed addition and the adjacent property. 4. The neighboring property owner to the west is in favor of the proposed project. 5. The addition would be closest to the garage on the adjacent property and not living space. 6. The applicant is seeking to improve and modernize the existing house as other neighbors on the block are beginning to do and would like to remain in this neighborhood. 7. The existing house does not provide adequate living space for his growing family. Previous Cases Staff researched previous variance applications and found that a number of variances to the side yard setback have been granted in the past. Typically these variances have been for decks, house I additions or detached accessory buildings adjacent to streets on comer lots. Four variances have been granted for garage or house additions from interior property lines. The most recent of these cases was in 2001 for a garage addition that encroached 0.5 feet into the side yard setback at 3924 139th Lane NW. Staff Recommendation Staff recommends that the variance be approved based on the case history and the findings provided by the applicant. ACTION REOUESTED The City Council is asked to approve the variance based on the findings in the proposed resolution. Attachments Resolution Location Map Property Survey Front Elevation as Proposed Applicant's Letter Planning Commission Minutes 6tDluted, I , 6rtJ)" ~ ~ Cc: Jon Olson 2860135th Lane NW --2- CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA I RES. NO. A RESOLUTION APPROVING THE V ARlANCE REQUEST FOR JON OLSON TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 8.5 FEET FOR A PROPOSED ADDITION TO EXISTING HOUSE ON PROPERTY LOCATED AT 2860 l35TH AVENUE NW WHEREAS, John Olson has petitioned to vary from the rear yard setback requirement as described in Ordinance 8, Section 6.02 for property located at 2860 135th Avenue NW legally described as follows: Lot 5, Block 1 Mattson and Degardner's Crooked Lake Addition, Anoka County, Minnesota WHEREAS, the City Council finds that the proposed addition will not have a detrimental effect on neighboring properties due to the minimal encroachment into the side yard setback, the location of a fence between the proposed addition and the property to the west, and the fact that the living space between the two properties will be separated by a garage, and; WHEREAS, the west wall of the existing garage will provide structural support for the renovation of the existing garage as well as the addition and a hardship would be created if the applicant were required to remove and relocate the existing structural wall to provide an I additional 1.5 foot setback, and; WHEREAS, The property line is angled slightly away from the structure allowing the setback to increase to 9.5 feet at the rear of the proposed structure, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a side yard setback of 8.5 feet for a proposed addition to existing house at 2860 135th Avenue NW. Adopted by the City Council of the City of Andover on this _ day of 2002. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk I -3- Variance to Building Setbacks 2860 135th Avenue NW ',/ . \ <t \ \ ~ )I /, r [ ! ~ . ~ r" _ ;' I "".;, N \( . II j / ~\ T \ \ / ( / f ve~)-H~I~ \ ~---\\ ~ . \ -\ :~~ "1-1 AVE ~ \ \ :5 '\ / 0 1~LTI-I N \ W ~ I 5 / ~ ~ /: /;: ~"34THAVF 0 1MTH , . ~ rJ) I . \ ~ ~ I . c:5 ~ ~ t:1')cr I. I 7 I ~ :7': City of Coon Rapids N Project Location Map w.--<(. Andover Planning -t/- .........,. . ..........~._- ..-.-.... -- - - - , "'--""'0 10731 Mississippi Blvd. N.W. 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' _ ~c- I- ~ [i r~- , 1-1- f-~' Tt:tt.t-U ". \ i I~ I I. 'I- f- f- H - rT ~ ,1-'-1 ~ ,I I- >-- ~ Ii.;. J l* I Vtf.L . . \.' ii- ~ ~ I :ft4~ ", \ : ~ ~~ , ; ~t~ 1--. / ~ 'j. \~.. T I::: . ~J. I --..... (~ ~~ _ I- ~':~I.~ - ,1"! . ~ t rlt,~~ \ , " .\ ~\\ ~u- I- ~ - III ". I' " " , . '\\~~ tl-t ~ r.' T' I \. ' ! I.. I . - . ", II e ' I \ I - , \ ., ~ ~L4 IT wrn~ i -i I- I- ! m= I..L I l- I M ~-l7t .\ , ~ Fi~~' " . - ioJ - : I' ~~ i: , I: it r-I- at I --'. . _n l- I I ~ E , 1= I . Ef=t~FEl=-d - f->-- I, r. ~-+!: 11'1 ,f.... I H-111= -, -t- . . 2RoO 1351h Ave. NW . . . Andover, MN 55304 . . 763-755-3883 . . N7.aI:b::r5,lm ~ 1685 Cross Town Blvd. NW Andover, MN 55304 To Whom It May Concern: My family has live.d in Andover at 2860 13Sth Ave. NW for the past ten years, and we love living here. We enjoy the city, have good and established relationships ./.iy,;tltour neighbors, and have no desire to move to a..'lother area. With the desire to '. '.. "':'st<tyat our current location, we arc in need of a variance to the side yard of our ~WB~,in order to construct a quality addition. iii'::;i'Y'"i{ll a family of three grov.ing daughters, we have become very limited in our ."i/.~' spi~;The house is a split-level and cramped. We would like to rectify this '(;",Pf.dbl~m~Y converting our current garage into living space, build a new garage next 'i"tqU.~ofd; and add living space above. We have been working with a home designer .tOcmsure a quality and pleasing home will be the finished product. We feel it would <#?Mp.1~l11ent the neighborhood, while solving our concerns with our limited living .,'area.... ....-. .-.--, The addition we al'e proposing would require a Vali.ance on the distallce to the property line on the side yard. The new garage would be within compliance with the property line guidelines, but the living space above is closer than allowed (by 1 '12 feet at the closest point). Our neighbor does have a wooden privacy fence, which separates the yards. 10 designing the house, we have tried various combinations to meet our needs, but find this final design the best. There is more room on the side of the home to build, than depth to the lot. We feel that attempting to alter the design of the addition would negatively change the aesthetics of the structure, become cost prohibitive, and cause restrictions to the \visest use of space available. Therefore, our desire and need for a variance. Sincerely, .. .... .......... ....... -7-. Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 4 / C issioner Kirchoff stated he was curious if there would be any opportunity in the back to en the landscaping or putting up a fence. Mr. Pinewski stated they do not like the idea of a ce because of high maintenance. They were looking at putting in blue spruces. He state e proposal would be to line the property lines with blue spruces, which makes a good bu Commissioner Kirchoff stated he ught this was an appropriate change. Motion by Kirchoff, seconded by Daninger, ecommend to the City Council approval of Resolution No. _, approving the Rezoning -04) to Change the Zoning Designation from Single Family Urban Residential (R- Limited Business (LB) on Property Located at 13730 Crosstown Drive NW for Pinews . uilders. Motion carried on a 3-ayes, I-nays (Larsen), 3-absent (Greenwald, Gamache, Squ vote. Mr. Bednarz stated that this item would be before the Council at the Decemo City Council meeting. .. VARIANCE (02-11) VARIANCE TO ORDINANCE 8, SECTION 6.02 FOR SIDE SETBACK TO ALLOW ADDITION TO EXISTING HOUSE FOR PROPERTY LOCATED AT 2860 135TH A VENUE NW. I Mr. Bednarz explained that the applicant is seeking approval of a variance to reduce the side yard setback for a proposed addition to the existing house. Mr. Bednarz stated the applicant intends to finish the existing garage to add additional finished square footage to the existing house. A new garage with living space above would be added to the west side of the existing garage. The living space above the garage would be 1.5 feet below the lO-foot side yard setback for houses. The addition would extend to 8.5 feet from the side property line. Mr. Bednarz stated staff researched previous variance applications and found that a number of variances to the side yard setback have been granted in the past. Typically these variances have been for decks, house additions or detached accessory buildings adjacent to streets on comer lots. Four variances have been granted for garage or house additions from interior property lines. Mr. John Olsen, 2860 135th Avenue NW presented the proposed addition to the existing house. Commissioner Kirchoff asked if the neighbors have objections to this. Mr. Olsen stated they did not have any objections. / -lJ- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 5 / Commissioner Larsen stated in the letter he indicated one neighbor would not object, what about the others. Mr. Olsen stated that the neighbor this addition would be closest to does not object. Motion by Larsen, seconded by Kirchoff, to recommend to the City Council approval of Resolution No. _, approving the Variance (02-11) Variance to Ordinance 8, Section 6.02 for Side Setback to Allow Addition to Existing House for Property Located at 2860 135th Avenue NW. Commissioner Kirchoff stated he saw this addition as a border between two houses and not as an infringement on the setback. He stated he thought this would be an asset to the neighborhood. Acting Chairperson Daninger stated in the Resolution, it should state 135th Avenue and not Lane. Mr. Bednarz stated this is true and would be noted and corrected. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamache, Squires) vote. Mr. Bednarz stated that this item would be before the Council at the December 3, 2002 City Council meeting. / 'RUC HEARING: RESIDENTIAL SKETCH PLAN FOR A TOWNHOUSE PR CT FOR CREEKSIDE HOMES ON PROPERTY LOCATED AT 14220 CROS WN BOULEVARD NW. Mr. Bednarz ex ined that the Planning Commission is asked to review a sketch plan for a residential develo ent containing 24 townhouses on an approximately 4-acre property. The propose evelopment would require planned unit development review to provide alternative develop nt standards. Mr. Bednarz discussed the criteria . h the Planning Commission. Mr. Bednarz stated the City Council would need to determl if they would accept a medium density development on the subject property. Mr. Dave Harris, Creekside Homes stated they hav ad many different sketch plans for this project and they finally came up with a plan that w Id be marketable and address the issues that were raised by the neighborhood. He presen d the proposed sketch plan to the Commission. Motion by Falk, seconded by Larsen, to open the public hearing at 7:3 .m. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamache, Squires) vote. Mr. Joe Kabezinksi, 2351 Uplander Drive NW stated he had a memo from Mr. Be arz / and he never received one of these, only one neighbor received this and he wanted to -1- @) i CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administratorf Will Neumeister, Community evelopment Director tui- FROM: D. Tyler Mckay, Associate Planner~ SUBJECT: Consider Comprehensive Plan Amendment (02-04) to change the land use designation from Urban Residential Low Density (URL) to Limited Commercial (LC) for property located at 13730 Crosstown Drive NW-Planning DATE: December 3, 2002 INTRODUCTION The Comprehensive Land Use Plan of the City of Andover was adopted in December of 200 1. 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 applicant has requested a change in land use from Urban Residential Low Density (URL) to Limited Commercial (LC). DISCUSSION The area that is proposed to be changed from Urban Residential Low Density (URL) to Limited Commercial (LC) is approximately 1.48 Acres in size (see attached map). There are already a number of businesses located adjoining and nearby along Crosstown Drive in similar Business zones. Just off of Bunker Lake Boulevard, and directly on Crosstown Drive, this is a location along major roads which, would accommodate the amount of increased traffic and the parking demands. These issues will be addressed during the commercial site plan process. This will not have a negative impact on the property values or scenic views of the surrounding area. Planning and Zoning Commission Recommendation The Planning Commission unanimously recommended to the City Council approval of the Comprehensive Plan Amendment request. ACTION REQUESTED The City Council is asked to approve of the Comprehensive Plan Amendment request. The change in land use is also conditioned upon approval by the Metropolitan Council. Attachments Proposed Resolution P& Z Minutes -2- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R-02-04 AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER, TO CHANGE THE LAND USE DESIGNATION OF LAND FROM LOW DENSITY RESIDENTIAL (URL) TO LIMITED COMMERCIAL (LC) FOR PROPERTY LOCATED AT 13730 CROSSTOWN DRIVE, LEGALLY DESCRIBED AS: That part of the Southwest Y. of the Northeast Y. of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at the East Y. comer of said Section 33, thence South 88 degrees, 56 minutes, 30 seconds East along the South line of the Northeast Y. of said Section 33 a distance of 1808.12 feet to the intersection of centerline of County State Aid Highway No. 18, thence North 2 degrees, 36 minutes, 30 seconds East along said centerline a distance of 130.18 feet; thence Northeasterly on said centerline and on a tangential curve, concave to the Southeast having a radius of 583.95 feet for a distance of 18.25 feet to the actual point of beginning of the tract ofland to be hereby described, thence continuing Northeasterly on said centerline and curve a distance of 256.57 feet; thence North 29 degrees, 34 minutes, 25 seconds East along said centerline and tangent to said curve a distance of 7.31 feet; thence North 63 degrees, 38 minutes, 40 seconds West a distance of 281.14 feet; thence South 29 degrees 16 minutes 50 seconds West a distance of 257.18 feet; thence South 63 degrees 22 minutes, 30 seconds East a distance of335.29 feet to the actual point of beginning. WHEREAS, the Planning Commission has reviewed the land use designation of the parcels described above and recommend that the land use plan be amended to change the designation of the land from Low Density Residential (URL) to Limited Commercial (LC); and WHEREAS, the basis for the change in land use is that the nature of the area is conducive to office development; and WHEREAS, the development of office land use also serves as a buffer area of low density residential located to the west and north from Crosstown Drive. WHEREAS, the City Council has reviewed the recommendation ofthe Planning Commission. NOW THEREFORE BE IT RESOLVED, THAT THE LAND USE DESIGNATION OF THE AREA DESCRIBED ABOVE BE CHANGED FROM LOW DENSITY RESIDENTIAL (URL) TO LIMITED COMMERCIAL (LC). The above is conditional upon approval of the land use plan amendment by the Metropolitan Council. Adopted by the City Council of the City of Andover this _ day of , 2002. CITY OF ANDOVER Attest: / Michael R. Gamache - Mayor Victoria V olk - City Clerk -3- . 'LANNING AND ZONING COMMISSION MEETING - NOVEMBER 12, 2002 The Reg ar Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to or r by Acting Chairperson Dean Daninger on November 12,2002,7:00 p.m., at the Andove ity Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Acting Chairperson Dean Daninger, Commissioners Tim Kirchoff, Douglas Falk, and Paula Larsen. Commissioners absent: airperson Jay Squires, Commissioners Tony Gamache an ex Greenwald. Also present: Courtney Bednarz er, D. Tyler McKay I APPROVAL OF MINUTES. October 8, 2002 Acting Chairperson Daninger stated on all the items, except for the last 1 e~ when he left early, it was indicated in the minutes as nays for him and they should be ositive vote,. There "'" not "'y indi,"tion '" to who ",",d tbe nay vo",. ~ Motion by Kirchoff, seconded by Falk, to approve the minutes as presented. Motion carried on a 4-ayes, O-nays, O-present, 3-absent (Greenwald, Gamache, Squires) vote. . PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (02-04) TO CHANGE THE LAND USE DESIGNATION FROM URBAN RESIDENTIAL LOW DENSITY (URL) TO LIMITED COMMERCIAL (LC) ON PROPERTY LOCATED AT 13730 CROSSTOWN DRIVE NW FOR PINEWSKl BUILDERS. Mr. McKay explained that the Comprehensive Land Use Plan of the City of Andover was adopted in December of2001. The area that is proposed to be changed from Urban Residential Low Density (URL) to Limited Commercial (LC) is approximately 1.48 acres in size. There are already a number of businesses located adjoining and nearby along -'1- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 2 / Crosstown Drive in similar Business zones. This will not have a negative impact on the property values or scenic views of the surrounding area. Commissioner Kirchoff asked what types of businesses would go into the building. Mr. McKay stated the developer did not have any idea what would go in there but they are looking at offices. Motion by Kirchoff, seconded by Larsen, to open the public hearing at 7:05 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamache, Squires) vote. Ms. Shirley Kline, 13761 Northwood Dr. NW asked if the property goes commercial, the land next to this would like to go commercial in the next few years, could this be done. Mr. McKay stated the owner would need to file all the paperwork and go through the same process, but they have every right to do this. Mr. Bednarz stated that there is a minimum site size requirements for commercial districts and in this case, for limited business, it is 150 by 150 depth and width and he is not sure they have it there. Ms. Kline stated she thought he had enough because he owns more than one lot. Mr. Bednarz stated that if that is the case, he might be able to combine the properties but it would need to be looked at closer to determine. Motion by Falk, seconded by Larsen, to close the public hearing at 7:08 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamache, Squires) vote. / Motion by Falk, seconded by Kirchoff, to recommend to the City Council approval of Resolution No. _, approving the Comprehensive Plan Amendment (02-04) to Change the Land Use Designation from Urban Residential Low Density (URL) to Limited Commercial (LC) on Property Located at 13730 Crosstown Drive NW For Pinewski Builders. Motion carried on a 3-ayes, I-nay (Larsen), 3-absent (Greenwald, Gamache, Squires) vote. Mr. Bednarz stated that this item would be before the Council at the December 3, 2002 City Council meeting. BLIC HEARING: REZONING (02-04) TO CHANGE THE ZONING DES TION FROM SINGLE FAMILY URBAN RESIDENTIAL (R-4) TO LIMITED B 'SS (LB) ON PROPERTY LOCATED AT 13730 CROSSTOWN DRIVE NW FOR PI 1(1 BUILDERS. Mr. McKay explained that the applican . uesting that the property be rezoned from Single Family Urban Residential (R-4) to Liml siness (LB) to allow a new professional office building adjacent to the Molly profes . 1 building. The external materials change would allow a proposal to incorporate the two 'ngs into one site with integrated parking. The color, style, and stone of both buildings wo e similar. I -5:- @) / 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~ Will Noum,btcr, Comnn",i!)' <VdOV' tuJ,~ FROM: D. Tyler Mckay, Associate Planner(};1:, SUBJECT: Consider Rezoning (02-04) to rezone property located at 13730 Crosstown Drive NW from Single Family Urban Residential (R-4) to Limited Business (LB)- Planning DATE: December 3, 2002 INTRODUCTION The applicant is requesting that the property be rezoned from Single Family Urban Residential (R-4) to Limited Business (LB) to allow a new professional office building adjacent to the Molly professional building. This proposal would incorporate the two buildings into one site with integrated parking. The color, style, and stone of both buildings would be similar. DISCUSSION As with all rezonings, one ofthe two following findings must be made to justify the rezoning: 1. The original zoning/land use was in error. 2. The character of the area or times and conditions have changed to such an extent to warrant the Rezoning/Comprehensive Plan Amendment. In this case the character of the area has changed through the installation of municipal utilities, increased traffic along Bunker and Crosstown and resulting commercial development near the intersection. Other elements to be taken into consideration are: 1) The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2) Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3) The effect on values of property and scenic views in the surrounding area. 4) The effect of the proposed use on the Comprehensive Plan. / There are already a number of businesses located nearby in similar Limited Business zones. Since the subject property is located just off of Bunker Lake Boulevard, and directly at Crosstown Drive, this is a location along major roads which would accommodate the amount of / increased traffic and the parking demands. These issues will be addressed during the commercial site plan process. This will not have a negative impact on the property values or scenic views of the surrounding area. The rezoning must be contingent upon a change to the land use designation in the Comprehensive Plan from Urban Residential Low Density (URL) to Limited Commercial (Le). Letters received in opposition Mark Daly of,2634 138th Ave and Sandra Taylor of 13784 Crosstown Drive have submitted letters stating their opposition to the rezoning request. The letters are attached. Planning and Zoning Commission Recommendation The Planning Commission unanimously recommended to the City Council approval of the rezoning request. Two letters of opposition to the rezoning have been submitted. ACTION REQUESTED The City Council is asked to recommend approval of the rezoning request. The rezoning would not be effective until Metropolitan Council has approved the Comprehensive Plan Amendment to change the land use designation. Respectfully submitted, / ~ D. Tyler Mckay Cc: Dettinger/Pinewski 1902 5th Ave So Suite # 4 Anoka. Attachments Resolution Location Map Property Survey Letters in opposition P& Z Minutes / -2- CITY OF ANDOVER i COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows on land legally described as (PIN 33-32-24-13-0005): That part of the Southwest Y4 of the Northeast Y4 of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at the East Y4 comer of said Section 33, thence South 88 degrees, 56 minutes, 30 seconds East along the South line of the Northeast Y4 of said Section 33 a distance of 1808.12 feet to the intersection of centerline of County State Aid Highway No. 18, thence North 2 degrees, 36 minutes, 30 seconds East along said centerline a distance of 130.18 feet; thence Northeasterly on said centerline and on a tangential curve, concave to the Southeast having a radius of 583.95 feet for a distance of 18.25 feet to the actual point of beginning of the tract ofland to be hereby described, thence continuing Northeasterly on said centerline and curve a distance of256.57 feet; thence North 29 degrees, 34 minutes, 25 I seconds East along said centerline and tangent to said curve a distance of7.31 feet; thence North 63 degrees, 38 minutes, 40 seconds West a distance of 281.14 feet; thence South 29 degrees 16 minutes 50 seconds West a distance of257.18 feet; thence South 63 degrees 22 minutes, 30 seconds East a distance of 335.29 feet to the actual point of beginning. 1) Rezone land from Single Family Urban Residential (R-4) to Limited Business (LB) 2) All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. The above is conditional upon approval of the land use plan amendment by the Metropolitan Council. Adopted by the City Council of the City of Andover on this _ day of 2002. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk / -3- Rezoning Single Family Urban Residential (R-4) to Limited Business (LB) , / nN ' 140THLN , ..---- ' I b ( IL j ~ n, -l \/1 IL ) > ........... I--- V ^\/I" ~ / '> [ ~ ' ,\ ':lo-rl-l 1\1 '\ \ v ~ '\ \ f----.--. / ~~ {)<J;- \ \\ _________ - _ (..0 ~ ~ ~ f,)C:> . '-:J a9 ~ ~ illIID ~ ; ~~(/ ''; " ~~ - V'~ l~ - ~ ~ l- f 1\ \ ~ 9;d' I-- c- '-... . ~~ h u: .t: J..-- r:o \ _ IU. ~ I 1Cf. lH ~ f-- I,;> I-I 0= <t \t= f-- ~ LI ~~ I~ \ /~ 'Wf L..- 1~6THLN~ g l~ 1/" \. jl. j L I \ \ "" () ~ Ie 1 ~ '~I:I \\J \~ -r\r \ \ ,./ ---., I \ \ . /.~- 1/ \ ~ //7+ LI ~ l/f.J y:arIR \\ ~ / /\~ . / i{ \ E 1 \ I l '" / /\ '\ I-^ N Project Location Map w--<:r. . - '1- Andover Planning ~ L .......... .\01'. od ~s.'r. ........ ..... I eo as ... ... '0 ~ ~ 9 '-.......... ks. 10 ~ /"il'~ ~ rJ, . "'Z ./0 $0.9', ,y ~ ~ 'OJ, \ ~ 0". l' ~ ' <~. . _ ~', _ os" ? E:- (e ~~ X c .~ <"... <S'. -s- ~5"tJ13\Jec;,r pF<of~~' , ~~.~ ' , IS' I / \$'" I ~"\ 1. I " Ii , -J,.. tr I 1'-(1; t>t/() . '. "'Q: , I . / '. ... '. ;.:.:... . . . .. ...... . . '-' C I '?' I ~. , I <; '" ~. _~ obr' f .r~'\ ~ , ...... ~ , ,-';" ...f Ii) ~ - , ...L - I '" ~ 'l: <> <<l ~ <T) <:) '+ -... ~ - . tD 7:14.69 oCf) I.!l ~o ,_ N.88056' BO"E. I , tl) ~ Cl I 0 10') ~ ~ COUNTY STATE AID I , ~ , I 0 ::i " f I I.D U) I I I HIGHWAY NO. 16 f ' , I ' - - ' -- ------ .' ..- f - - - - - - - ,"~ : :"~ '. 349.09.' :: : .'" : : :.~: 7,-"'-7- - ~ ,,:.., f /'" ~ : 1-' '_5.B8056fSO"W, f";: ::;; r"; ;:V ,'~"; : ,..' , , / / ------.... - - I I I -South line of the S.w.!/4- of fhe N.E. Y4- of .5ec. 33, T. 3Z, R. Z4 S~ II ~ ( -~- l' \ ::: 0 tJ ~ I '. i / ~. ll\~~.'ll'n fJ{f~: I 11--1"1)...111. ~ . . ~~/(-) \q ~ ~,. I ;' . I I'- " , '1 \ . , . ", 1',( "\ . , ~ \ . , . _' " I ~..... J ,-.,,'-' ..:~~. I . . ---- ~~ (~~ ..- ... .. .. ~ rl~~l. . l[rLI-' D.f.l -6- rf/~/~ I'd mS'ON wn~o~ N~IS3Q 11d~~:l lOQ'l 'll'H~ . Mark Daly . . 2634 138'" Ave. NW . Andover, MN 55304 . . . . . / RECEIVED November 12,2002 NOv 1 2 20[)2 City of Andover CITY OF ANDOVER Planning and Zoning 1685 Crosstown Blvd Andover, MN 55304 RE: 11/12/2002 public hearing on 13730 Crosstown Blvd. Dear Sirs: I am opposed to the rezoning request to change this zoning designation from R-4 to LB. The rezoning would bring my backyard significantly closer to a paved parking lot with all the traffic and noise and light pollution that goes with a retail business. When we moved here in 1996, these lots were zoned for Single Family Residential. This had an impact on our decision on moving to this location. This rezoning will have a significant impact on whether or not my neighbors (and friends) leave this area. The loss of my friends would reduce my quality of living and completely destroy my faith in the City of Andover government. Changing a Single Family Residential to Business designation after a neighborhood is established is very disruptive to the neighborhood and is not a desirable option for the neighborhood. I believe the good of the whole (the neighborhood) should be placed before the good of the few (one land owner and one developer). Please do not make the decision that could potentially break-up our neighborhood. Sincerely, p.q A~ Mark A Daly Homeowner at 263 138th Ave. NW -7- I""""'" QQIQ . .~..... .-- FROM THE DESK OF SANDRA TAYLOR \ DA TE: November J J, 2001 RE: Re-zoamg or 13730 Croatotra Drive NW I am writiat in l'IIard. to ae PI'OpOled ZODe eJumce lOr die pro~ of 13730 ern.fotrn Dr. N. W.. in AndOftr. (0. DIeIIIo we ftCdved it iJ safed CROSSToWN Boulevard NW) We are lite owners or 13784 Cross*"", Dr. N. W.. Aud~, wIridt ties ript Dat door to die above meudoaed property. We Itave lived in Our Ite)lae for die last feD (10) years IIDd liIce it very well IlDd we are oPposed 10 ae re-zoaiur of tile I'mI'M)' in questioa. We hoapt OUr Itome for dlc reason or the lafle .pllft behFtc.. hma aad it was nsidcalial...... .. well Our ecJace..... about die I'e-Zoaia: or litis PI"Oper1y ill question, is tile value of oar pnpcny decreasing 'ewe were to sell our pmperty in the future. If this propouJ was gruRd fa have dais property re-zoaed .. a COIIDneniaJ propedy dIere are several dilreraat coaeenu we IIave IlDd are opposed Co dais action taIliaz place. There would be lID increase ia lraftic dlat ril incur OD CI'OUtoIm Dme, pattinJ raide.all and dJe driJdrea ....t play in dlc ana or try fo Cl'OIs the slnet fa go fo the conveniaJt Sfore in danler, .. weB u make it mere DlFFIem T th... it already is Co let out or our cIrivew.y widaout lID acdde.at. The trallk 1t'8a1d incrase dnmafiaDy IIDd IJe alluanJ. The traf& drat aure.ady goes info die Molly Professional parkin: lot, anua people ... 1Iam. dleir brne, oa beaDle or tile ..,.. tbe driveway is located OD Croutowa Dr and Itlnt' the driver.... to make a quid:: tura. Tul'lliag left ill... die eurrent I'UIdac lot fro.. Cmaftnn. Dr IItoaJd IJe .....1Ied -1OIbeGne istoinr 10 let nar-eaded soon. Then: is a Jot of trafIic: tha, goes down CI'OSItowD Dr IIIId at / 40 mp'" makes it very diftiadt to let out or ODe'. driveway sale. J also llaye rnuddaildren that WOuld be erouing the slnet IIDd by zoafag this property eommudal would jus. be an aeddeat....hiDe to happm. Oar home..... is coaUdered in a raide.atialarea would dle.a be the ONLY liarle family residential home left OD this dfy bloek. W.... olfke builclinp beint buil. DeIt door... oar propcny. - feel1hJs 1I'OuJd iao......c pOllilrilty of dleft, YbdaIism, etIr., to oar home/property heause of die Itip wlllDle of the public Cllferia& ia IlDd ou. of tile oRiee building lllat would IJe boilt. For lID n::...ple, OD November '. 2002 appn.......fdy 2:30 p.m., 1 observed several kids playiar fa die back of the Dint' Molly ProCessional Building partiag lot. They were ."IdJoardiag. That is ftry daniel'ODJ lUUI ....... DOt be ........ ..... is Dot the first time that Iltave seea kids playinc in this parldac lot. This is a raidmtial ara and - place for commerda) to It8rt eomia, dOMt die block and fa~ oar Deiahhorhood. If the ~zoainc of Ibis property is II'bWd.1Iowewr we "'pc that it ill DOt, we are ..1Iia1 die owners o( die Molly ProfasioaaJ Bddiag to ins1aIIa PrivlIey fau:e aJour our propmy line to keep our RESIDENTIAL property.. coacaw and Pr1vaIe.. a residential propmy mould be. , -))- 763 754 8678 PRGE.02 NOV 12 2002 08:10 , ~~ .....,.. OQtO r-..'t:.l'~ \ II the OWIIen or 13730 Croafown Dr. N. W.. WIlDt to seD dab prDpeny, I see DO ftUOD wily daey can't sell it raidendaL It hat beeD residadal for .U of daese yean in which dley "BW Jived daere at least 2' years. Tlumk you 5 -~ ~&~ J37S4 Crossfown Dr NW ADdoftr, MN 55304 -'7- 763 754 8678 PAGE. 03 NOU" 12 2002 08:11 Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 2 '\ sstown Drive in similar Business zones. This will not have a negative impact on the pro rtY values or scenic views of the surrounding area. CommissO ner Kirchoff asked what types of businesses would go into the building. Mr. McKay stat the developer did not have any idea what would go in there but they are looking at offi s. Motion by Kirchof, econded by Larsen, to open the public hearing at 7:05 p.m. Motion carried on a 4-ayes, 0- ys, 3-absent (Greenwald, Gamache, Squires) vote. Ms. Shirley Kline, 13761 hwood Dr. NW asked if the property goes commercial, the land next to this would like to 0 commercial in the next few years, could this be done. Mr. McKay stated the owner wo d need to file all the paperwork and go through the same process, but they have every r ht to do this. Mr. Bednarz stated that there is a minimum site size requirements for co ercial districts and in this case, for limited business, it is 150 by 150 depth and widt and he is not sure they have it there. Ms. Kline stated she thought he had enough because Ii owns more than one lot. Mr. Bednarz stated that if that is the case, he might be able to com 'ne the properties but it would need to be looked at closer to determine. Motion by Falk, seconded by Larsen, to close the pub' hearing at 7:08 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamac e, Squires) vote. / Motion by Falk, seconded by Kirchoff, to recommend to the Council approval of Resolution No. _, approving the Comprehensive Plan Amen ent (02-04) to Change the Land Use Designation from Urban Residential Low Density (U ) to Limited Commercial (LC) on Property Located at 13730 Crosstown Drive N or Pinewski Builders. Motion carried on a 3-ayes, I-nay (Larsen), 3-absent (Greenw , Gamache, Squires) vote. Mr. Bednarz stated that this item would be before the Council at the December City Council meeting. .. PUBLIC HEARING: REZONING (02-04) TO CHANGE THE ZONING DESIGNATION FROM SINGLE FAMILY URBAN RESIDENTIAL (R-4) TO LIMITED BUSINESS (LB) ON PROPERTY LOCATED AT 13730 CROSSTOWN DRIVE NW FOR PINEWSKI BUILDERS. Mr. McKay explained that the applicant is requesting that the property be rezoned from Single Family Urban Residential (R-4) to Limited Business (LB) to allow a new . professional office building adjacent to the Molly professional building. The external materials change would allow a proposal to incorporate the two buildings into one site , with integrated parking. The color, style, and stone of both buildings would be similar. / -jd- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 3 J Mr. McKay stated as with all rezonings, one of the two following findings must be made to justify the rezoning: 1. The original zoning/land use was in error. 2. The character of the area or times and conditions have changed to such an extent to warrant the Rezoning/Comprehensive Plan Amendment. In this case the character of the area has changed through the installation of municipal utilities, increased traffic along Bunker and Crosstown and resulting commercial development near the intersection. Other elements to be taken into consideration are: 1) The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2) Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3) The effect on values of property and scenic views in the surrounding area. 4) The effect of the proposed use on the Comprehensive Plan. There are already a number of businesses located nearby in similar Limited Business zones. Since the subject property is located just off of Bunker Lake Boulevard, and I directly at Crosstown Drive, this is a location along major roads, which, would accommodate the amount of increased traffic and the parking demands. These issues will be addressed during the commercial site plan process. This will not have a negative impact on the property values or scenic views of the surrounding area. The rezoning must be contingent upon a change to the Comprehensive Plan from URL to Limited Commercial. Motion by Falk, seconded by Kirchoff, to open the public hearing at 7:08 p.m. Motion carried on a 4-ayes, I-nays, 3-absent (Greenwald, Gamache, Squires) vote. Mr. Bednarz stated they have received a letter in opposition to this. Mr. Bednarz summarized the letter. Motion by Larsen, seconded by Kirchoff, to close the public hearing at 7:09 p.m. Motion carried on a 4-ayes, I-nays, 3-absent (Greenwald, Gamache, Squires) vote. Commissioner Falk asked if the applicant has met with the residents regarding this land. Mr. Steve Pinewski, Pinewski Builders, stated the property owners talked with the neighbors prior to the application and everyone seemed to be in favor of this except for the neighbor to the north. He stated he has not personally talked to the neighbors. Mr. Bednarz stated that staff received a letter in opposition to the request. He summarized the letter and noted that the Planning Commission received a copy as well. -;1- @ / 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~ Will Neumeister, Community evelopment Director wj~ FROM: Courtney Bednarz, City Plann1 SUBJECT: Consider Residential Sketch Plan/Creekside Townhomes/14220 Crosstown Boulevard NW - Planning DATE: December 3, 2002 INTRODUCTION The City Council is asked to review a sketch plan for a medium density residential development containing 24 townhouses on an approximately 4 acre property. The proposed development would require planned unit development review to provide alternative development standards as described below. Planning Commission Recommendation The Planning Commission recommended that that the property remain designated for low density residential development. The minutes from that meeting are attached. Staff Recommendation The City Council will need to determine if a medium density development on the subject property is acceptable. The proposed design results in a number of backyards facing public streets. Although the common open space would prevent the units from being double frontage lots, the effect is the same. Staff would not recommend this design unless a significant amount ofberming and landscaping is provided to shield the backyards from surrounding public streets. Review Criteria Ordinance 10, Section 6 outlines the requirements for sketch plan review. The City 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. Conformance with Local and Regional Plans and Ordinances 1. The proposed project would require a Comprehensive Plan Amendment from URL, Urban Residential Low Density to URM, Urban Residential Medium Density to accommodate the proposed density for the project (6 units per acre). 2. If the Planning Commission and City Council agree with the proposed density and j accompanying Comprehensive Plan Amendment, the proposed project would also require a Rezoning from R-4, Single Family Urban Residential to M-l, Multiple Dwelling Low Density to align the zoning designation with the proposal. 3. The City Council must also agree to allow Planned Unit Development Review to create development standards that are different from the M-l Zoning District. This is accomplished with a Special Use Permit. Neighborhood Business Study The subject property was included in a study of undeveloped properties conducted by Northwest Associated Consultants. The consultants recommendations for the site were as follows: "The area surrounding Site C-l has developed with an urban single family character. The introduction of a commercial use on this site could be incompatible within this area due to its existing character and lack of physical features to create a transition. As noted in previous sections, the Comprehensive Plan discourages commercial development away from concentrated nodes or major intersections to avoid intruding into residential areas. It is recommended that the Future Land Use Plan be amended to designate Site C-l for Urban Residential Low Density Uses and that the current R-4 District zoning be maintained. Alternatively, the City may consider designating the site for Urban Residential Medium Density I Use to ensure full utilization of the site, provided that the site design provides proper orientation and transition to the acijacent single family residences. Overall density should be near the lower end of range prescribed by the Comprehensive Planfor medium density uses and developed under the City's M-l Multiple Dwelling Low Density Zoning District to ensure compatibility". The City Council subsequently approved a Comprehensive Plan Amendment to change the Land Use Designation from Neighborhood Commercial (NC) to Urban Residential Low Density (URL). The Zoning ofthe property remains Single Family Urban Residential (R-4). Unit Style The proposed project would consist of 12 twinhouse structures (24 units). The structures would be either two story or split entry depending upon the water table. A list of amenities is included in the attachments. The exterior would be a combination of brick and maintenance free siding. Site Designs . This project has been discussed for nearly two years. Adjustments were made based on the two neighborhood meetings and input from the City Council. The principle concerns addressed were: 1. There would be no through street that would connect 14151 Lane and 142nd Avenue. 2. The unimproved access onto Crosstown Boulevard would be closed. 3. All of the driveways would face the interior of the development. 4. There would be only one access point to control traffic onto 142nd Avenue. 5. The number of units has been reduced. 2 6. The unit style has been improved to increase the sale price of the units to make the project I feasible. . A previous design is included in the attachments for review. This site layout prevents backyards from facing Crosstown Boulevard, which is desirable, but results in three of the twinhouses (six units) with driveways onto 141 sl Lane. Also, the turnaround may need to be modified to improve emergency vehicle access. . If the site was developed under an R-4, Single Family Urban Residential neighborhood and without planned unit development review, the site would likely yield seven lots arranged around a cul-de-sac with backyards facing Crosstown Boulevard. Access (current proposal) Access would be provided from 1420d Avenue with a private driveway. A cul-de-sac with a landscaped median would be provided at the end. The private driveway would extend approximately 440 feet into the site. This driveway would be maintained by the homeowners association. A drainage and utility easement would need to be provided to allow access to the public utilities that will service the proposed development. Lot Size (current proposal) The proposed lots would be just large enough to encompass the foundation of each unit. The remainder of the property would be common property owned and maintained by the homeowners association. Planned Unit Development review would be necessary to allow lots that are smaller than the typical M-I requirements. Neighboring Properties Single family homes exist to the north, east, south and across Crosstown Boulevard to the west. A six foot berm presently exists between the subject property and adjacent properties to the east. A combination ofberming and landscaping would be needed to buffer the proposed development from surrounding properties and streets. A petition signed by 42 surrounding property owners (attached) indicates that they would prefer a low density residential development on the subject property. Planned Unit Development Review Ordinance 112 provides the requirements for Planned Unit Development review. This ordinance requires proposals to meet the following criteria: I. 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; I 3. A more efficient use ofland resulting in smaller networks of utilities and streets thereby lowering the development costs and public investments; 3 4. A development pattern in harmony with the Andover Comprehensive Plan. (PUD is not a means to vary applicable planning and zoning principles.) Other Ordinances The developer is also required to meet the following City Ordinances and all other applicable ordinances: Ordinance No.8, the Zoning Ordinance Ordinance No. 10, the Platting and Subdivision Ordinance Ordinance No. 107, Shoreland Management Ordinance Ordinance No. 108, Flood Plain Management Ordinance Ordinance No. 114, Wetland Buffer Ordinance Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy Coordination with other Agencies The developer and/or owner is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. Park and Recreation Commission Comments I The Park and Recreation Commission reviewed this item at their November 21 sl meeting. The Commission believed that park dedication may have been paid as a part of the original Kensington Estates plat but no documentation could be found. The developer will need to demonstrate that park dedication has been paid or it will be required to be paid as a part of the proposed development. ACTION REOUESTED The City Council is asked to informally advise the applicant on the potential for the proposed project and any adjustments to conform with local ordinances and review criteria. Attachments Location Map Sketch Plan (Full Size in Packet) Previous Sket~h Plan Townhouse Amenities Planning Commission Minutes Neighborhood Petition 4~ Cc: Dave Harris, Creekside Homes, 241 Jackson Street, Anoka, MN 55303 4 Residential Sketch Plan 14220 Crosstown Boulevard NW , ~ - ~~ J '\ ---;i45U'A\7 Y \ \ '-,1',- I-- I-- _ """ ^ V - V 15 :;: \, n-c - .., 1>~~ - -)>~ -~ ~ _: ~- ~ )~ '7~~ ~ ~ ~I 11 --(~ '-- v 1AlII.l... N , -I~~ ~ -IR- -I~- -\~/ 111)11.'''' 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J-, ~ '~POP~ -' N43"19'lB"W 280.70 _ +'):Q' - .....", -- '-dO' _____________ - '{;U_________ cf 141ST LANE NW -'1- Nov 07 02 11:54a Randi Erickson 763-427-1424 p.2 KENSINGTON ESTATES TOWNHOMES FEATURES LIST MAINTENANCE FREE EXTERIOR REFRIGERATOR, RANGE, MICROWAVE, DISHWASHER & DISPOSAL WASHER & DRYER WHIRLPOOL TUB STAND ALONE LARGE SHOWER FULL BASEMENT WITH LOOK-OUT WINDOWS? LARGE ATT. GARAGE WITH PTL INSUL & FULL SHEETROCKED WALLS CAT - 5 WIRED COMPUTER RESOURCE DESK BUlL TIN VETTER CASEMENT WINDOWS TIMBERLINE 30 YEAR SHINGLES GARAGE DOOR OPENER WITH 2 REMOTES DELUXE CABINETRY BY MAJESTIC WOODWORKING)* UPGRADED CARPET BY ABBEY CARPET* THIRD BATH -ROUGHED-IN FOR A % BATH LARGE 10 X 12 DECK WIDE BLACKTOP DRIVE \ PROFESSIONALLY LANDSCAPED WITH UNDERGROUND SPRINKLERS HALF BRICK FRONTS SITTING/STORAGE BENCH IN ENTRY CITY SEWER/WATER LENNOX* 2 TON CENTRAL Am. AND ENERGY EFFICENT FURNACE SECURITY LOCK MAILBOXES $130.00 MONTHLY ASSOCIATION FEES INCLUDES: HAZARD INSURANCE, LAWN MAINTENANCE, SNOW REMOVAL, SECURITY LIGHTS, AND UNDERGROUND SPRINKLING SYSTEM I SMALL DOG OR CAT OK UNDER 20 LBS. CREEKSIDE HOMES, LLC, 241 JACKSON ST., ANOKA MN 55303 763-427-4878 -J'- NOV 07 2002 11:57 763 427 1424 PAGE. 02 Nov 07 02 11:55a Randi Erickson 763-427-1424 p.3 , KENSINGTON ESTATES TOWNHOMES Standard Features Interior Exterior 100 Amp Service 2x6 Exterior Wall Construction Casement Windows 10x12 Deck/Patio Central Air Conditioning y, Brick Garage Front Decorator Lighting Asphalt Driveway Double Bowl Stainless Steel Kitchen Sink Common Area Lighting Large Vanity in Master Bath Exterior Water Faucets Full Basement? Insulated Steel Entrance Door Gas Fireplace with Oak Mantel Low Maintenance Steel Garage Door Garage Door Opener w/Remote Maintenance Free Exterior Garbage Disposal Oversized Two-Car Attached Garage GE Washer/Dryer Private Streets GE Glass Top Electric Self Cleaning Range Professionally Designed Common Area J GE 18 cu, Ft. No-Frost Refrigerator Professionally Designed Landscaping GE Dishwasher Underground Sprinklers GE Microwave Oven Underground Utilities Keyless Entry System Weather - Proof Electrical Outlets Oak Custom Kitchen Cabinetry Oak Custom Kitchen Desk Energy Features Oak Custom Roll - Out Shelving Pantry Oak Flush Doors 40-Gallon Hot Water Heater Oak Railings Energy Efficient Windows Oak Trim Energy Efficient Sliding Glass Doors Sheet Rocked Garage / Side walls Insulated R-19 Fiberglass/Exterior Walls Up-Graded Berber Carpet R-40 Fiberglass/Ceilings Vinyl Flooring in KitchenlEntry & Bathrooms White Vinyl Clad Window Jambs Whirpool Tub in Master Bath Floor plans, prices, standard and optional features are subj ect to change without notice. Creekside Homes, LLC, 241 Jackson St., Anoka MN 55303 763-427-4878 -1- NOV 07 2002 11:57 763 427 1424 PAGE. 03 Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 5 } C mmissioner Larsen stated in the letter he indicated one neighbor would not object, wha bout the others. Mr. Olsen stated that the neighbor this addition would be closest to does object. Motion by Larse , econded by Kirchoff, to recommend to the City Council approval of Resolution No. -' roving the Variance (02-1 I) Variance to Ordinance 8, Section 6.02 for Side Setback to w Addition to Existing House for Property Located at 2860 135th Avenue NW. Commissioner Kirchoff stated he saw . addition as a border between two houses and not as an infringement on the setback. He ed he thought this would be an asset to the neighborhood. Acting Chairperson Daninger stated in the Resolution, it ould state 135th Avenue and not Lane. Mr. Bednarz stated this is true and would be note d corrected. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamache, Mr. Bednarz stated that this item would be before the Council at the Decembe City Council meeting. , .. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR A TOWNHOUSE PROJECT FOR CREEKSIDE HOMES ON PROPERTY LOCATED AT 14220 CROSSTOWN BOULEVARD NW. Mr. Bednarz explained that the Planning Commission is asked to review a sketch plan for a residential development containing 24 townhouses on an approximately 4-acre property. The proposed development would require planned unit development review to provide alternative development standards. Mr. Bednarz discussed the criteria with the Planning Commission. Mr. Bednarz stated the City Council would need to determine if they would accept a medium density development on the subject property. Mr. Dave Harris, Creekside Homes stated they have had many different sketch plans for this project and they finally came up with a plan that would be marketable and address the issues that were raised by the neighborhood. He presented the proposed sketch plan to the Commission. Motion by Falk, seconded by Larsen, to open the public hearing at 7:30 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamache, Squires) vote. , Mr. Joe Kabezinksi, 2351 Uplander Drive NW stated he had a memo from Mr. Bednarz , and he never received one of these, only one neighbor received this and he wanted to -/d- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 6 know why. He also stated that the property was owned by Mr. Windschitl and it was zoned as light commercial and he tried to get the property rezoned to build homes on the property and was denied, so how can Mr. Harris build townhomes. He stated with the new school in the area, there is already too much traffic in the area and if these townhomes are allowed to be built, the traffic will be unbearable and no one will be able to get out of the neighborhood. Mr. Bednarz stated the City sends out notices to residents within 350 feet of the property and the City also publishes the hearing notice in the Anoka Union and posts a sign at the site. Ms. Becky Joiner, 14194 Quinn Street NW stated her property abuts up to the property behind them and she took the time to go around the neighborhood to have people sign a petition. She stated the property is zoned low density and Mr. Harris is trying to put in 24 units and they would like to see the City only allow 16 units on the property as a maximum. She stated the problems with traffic are not only on 141'1 but also on 142nd. These streets are dead-end streets, She stated with additional traffic, 142nd Avenue would be a parking lot in the morning. She stated they would like to see the City go along with them and only permit 4 houses per acre. She stated they would like to see the property kept as single-family housing. , Ms. Bobbie Langner, 141'1 A venue stated she had not received a notice either and this J affects her because she travels the roads around there and right now the traffic is bad. She asked ifthe proposed housing is going to be Section 8 housing because they have these in the area now and there is a lot of trouble with drugs and police calls. Mr. Harris indicated these would not be Section 8 housing. Mr. Larry Chavis, 2140 142nd Avenue NW stated when he heard about the proposed project, his concern was the additional traffic. He stated there is a lot of speeding on the road right now and it is impossible to get out of the neighborhood at times. He stated the crossings at this time are unsafe and he does not think adding more traffic to an already problem area is wise. Mr. Ed Bob, 2139 142nd Avenue asked if the exit for the street coincide with 142nd Lane, Mr. Bednarz stated as drawn, it did not. Mr. Bob stated it produces an extra traffic problem and a major problem he sees with the sketch. He stated he does not object to low density development of this plat. He stated he believed this would reduce some of the home values in the area. He stated single-family homes would look better in the neighborhood. Ms. Judy Keesar stated her concern is children walking on the road to school and the increased traffic in the neighborhood. She stated more traffic would eventually hurt some kids. I -11- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 7 Mr. Richard Anderson, 2104 1420d Avenue NW stated his neighborhood is a friendly neighborhood where everyone knows each other and this proposal is in the wrong area and their neighborhood is not the place for the townhome development. Ms. Pat Albreight, 2080 l420d Avenue NW stated the children catch the bus on l420d and with added traffic this would be a danger to the children and she feels this development is unneeded in the neighborhood. Motion by Falk, seconded by Kirchoff, to close the public hearing at 7:48 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamache, Squires) vote.' Mr. Harris stated the questions relating to traffic, cannot control the traffic coming out onto Crosstown but with their plan, they are proposing a sidewalk along the development so children will not need to walk in the street. He stated the townhomes would not be section 8 housing and would be owner occupied townhomes with the starting price at $190,000 up to $235,000 in the neighborhood. He stated they had another plan that put six units onto l420d but staff did not feel this was an adequate plan. He stated that the City might be able to look at a signal at the intersection. He stated Mr. Rademacher owns the land and they have a purchase agreement on the property and the only way they were able to re~uce the density was to upgrade the style of unit. He stated a small number of single-family homes would not make any economical sense for a builder or the seller. / Commissioner Kirchoff asked if this would be an association. Mr. Harris stated this was true. Commissioner Kirchoff asked if staff looked at the possibility of having two entrances, one off of 14 I 51 and one off of 142od. Mr. Bednarz stated they did look at this and there is an existing access off of Crosstown Boulevard that the County would like to see closed, Acting Chairperson Daninger stated the City makes all efforts to post the public hearing and the City has a policy to send out all the mailings and they do advertise in the Anoka Union. He also stated he would encourage anyone who sees illegal activity in the area to contact the Sheriff. Acting Chairperson Daninger stated he did not know about any information regarding Mr. Windschitl owning the property. Mr. Bednarz stated he did not know a great deal about the history beyond the past ten years when Mr. Rademacher bought the property. He stated the City did a neighborhood business study that evaluated the site and provided a recommendation for it to be developed as residential. Acting Chairperson Daninger asked if there was any information on traffic changes to the area. Mr. Bednarz stated that Crosstown Boulevard is a County roadway and a County public improvement project would need to bring the improvements. Traffic is going to increase according to new traffic counts and the roadway is in need of improvement. He stated the City is in the final phases of updating a transportation plan, which calls for -rz. - Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 8 / improvements at key intersections throughout the City. He stated there needs to be a funding source to pay for the improvements and they will continue to look for the funds for improvement. Acting Chairperson Daninger stated this is a sketch plan and the Commission makes recommendations to the developer and City Council and then the next step is this sketch plan moves forward to the City Council for further discussion and a decision. He stated this goes through many more steps before becoming final. Acting Chairperson Daninger stated the Commission knows that traffic is an issue. Commissioner Larsen stated that given the traffic issues, she would feel that low density is more appropriate. She understands there would be some financial hardships but it was originally zoned that way and should remain that way with all the concern from the neighborhood. Commissioner Kirchoff stated the developer would not have access to Crosstown so they would be limited in that aspect. He asked how many single family houses they could put in there if they put in a cul-de-sac. Mr. Bednarz stated they could probably get seven R-4 single family residential lots in there. Commissioner Kirchoff asked what if the road was a through street. Mr. Bednarz stated they could put the roadway through but there is not sufficient depth for R-4 lots on both sides ofthe road. / Commissioner Falk stated he would prefer this to be a townhouse development rather than commercial. He stated he agreed with the residents that there should be a limit of sixteen units instead of twenty-four. Commissioner Kirchoff stated he would prefer to go half way and have ten twinhouse buildings instead oftwelve. Commissioner Larsen asked ifthere would only be seven residential single-family homes. Mr. Bednarz stated that if it remained R-4, this is likely all that would fit. Acting Chairperson Daninger stated he proposes low density and would encourage the low-density plan. He stated that development allows things to happen such as parks and trails and they have a Parks and Recreation Commission that look at this. Mr. Bednarz stated that this item would be before the Council at the December 3,2002 City Council meeting. I --/3 -- " , Zonin!! Petition For Site C-l, Crosstown and 141'1 Lane / This is a petition to the Andover Planning and Zoning Committee, Andover City Council and the Mayor of Andover regarding Site C-1. The residence that live in and around Site C-1 Crosstown Blvd. and 141'1 Lane want this site to remain zoned R-4 Single Family Low Density Residential, which calls for a maximum of four (4) Units per acre, and that the special use permit that would allow for commercial use be pulled. We feel this is also backed up by the study that was completed by Northwest Associated Consultants for the City of Andover. Thank you in advance for your time and consideration of our request. TELEPHONE NAME ADDRESS f\\D lo~ -l55- ~T7 d-cl. IS Iy I 5-t- Lc;,,,\c 10.1 ' <...U 76~) lSy- C;~5 \ J~LQ J Yl St L."v-- (JvJ 70- 7>7-()L) -/4//d/t6: A-/tJ 7t. ?' ~S--&,~b' I ". 7l;3-75 L-J.{;,SJ.Cj - 7. N~ Ibt-\637 f. tJw 79-{ - f30S '}. ,;J/cJ8 }Jw ~ 3 -fj(,;J- -9'1 6 10. J 41 '14 Glu Lt11"\ S-t tv u..) -7f,Q '?:, -755 -&,<10' /I. Aw. NLU, 703 - 75L(-/~O /d.. Nt.,) 7l93- 755-OCR3 /Ot 7;,"). 7)4 186 q JI{. '1637672/1 f /5. W 7"~"-A.1-Z 11 I -11- I . "- TELEPHONE 17. ')&3 - ~ss -:u 1 16:1-751/ -~o.rt ,),).. .;2.3 ~~ J ~ .~ , (l J./ /j~l;C 1!/1.~ ~!.-:..i)-1!! /:')~ '7/... / V /..l-' i.,J 7(.,1-8(:,'-') jr L.. ~ L.. I Z-- /..-V d~ Ji IV'\...-, A C \...u ({'L J1Ol.. 14:>~~ LA j\JW 7los-JIo')' 51} \ :-L1v\. L1/t NJ I/ 1)1 <)Is I <I dl.)-/ /'/.2",'/ ;7I,/c, ~vV ltI? J.2-o9-o~- f . A ;-/ Ivtfr3 P'--!lf.,If'. -t1u 7~j 7VOVtJ'jr' ILfI<&Y ~0> 7 <:;:7-{,C:c.. ( -1>- 2 , TELEPHONE J '37- .:37. "3'7 7-& 3, ":7<,<./. '::AJi,); l(Z. c9-e; 21?--- A,ltJ ;)./ 0 t./ / tV tJ 7fc3 - 755-837 ~/Oy /~:? dve IU w 7tff-/>5"-Y7 '6 Q/J~~ ~ d< II cf> /ll...<~ &.u-< -Ule) ~c.:J-')s.>-'?l/c I / -It- 3 @ / 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 Administratof Will Neumeister, Community Development Director ~ FROM: Courtney Bednarz, City Plann~~ SUBJECT: Consider Residential Sketch Plan/City View Farm Townhomes/13313 Round Lake Blvd, NW - Planning DATE: December 3, 2002 INTRODUCTION The City Council is asked to review a sketch plan for 'City View Farm', an urban residential development containing seven single family lots on an existing 1.34 acre property. The proposed development would require planned unit development review to provide alternative development standards as described below. I Review Criteria Ordinance 10, Section 6 outlines the requirements for sketch plan review. The City 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. Conformance witlt Local and Regional Plans and Ordinances 1. The proposed project would require a Comprehensive Plan Amendment from URL, Urban Residential Low Density to URM, Urban Residential Medium Density to accommodate the proposed density for the project (5.22 units per acre), 2. If the City Council agrees with the proposed density and accompanying Comprehensive Plan Amendment, the proposed project would also require a Rezoning from R-4 Single Family Urban Residential to M-l Multiple Dwelling Low Density to align the zoning designation with the proposal. 3. The City Council must agree to allow Planned Unit Development Review to create development standards that are different from the M-l Zoning District. This is accomplished with a Special Use Permit. , Planning Commission Recommendation The Planning Commission unanimously recommended approval ofthe proposed project. The minutes from that meeting are attached. Unit Style / The proposed project would consist of seven two-story houses oriented to face Round Lake Boulevard. A porch would be provided on the front and rear of the structure to provide both public and more private spaces. Garages would be detached and located to the rear of the properties. The interior of the units would be completely finished and the exterior of the unit would provide a high level of detail and quality materials. Access The proposed development would be served with a private driveway. Individual driveways would provide additional parking beyond the two stalls within each garage. A turnaround is shown on the sketch plan. This type of turnaround would be similar to the emergency entrance at the end ofthe Nature's Run cul-de-sac in that a base material is installed to support the weight of emergency vehicles and grass is allowed to grow over it. The Fire Department policy for turnarounds is attached. The proposal is similar to the first alternative to the 120 foot hammerhead design but will need to be modified somewhat. No parking in the turnaround area would need to be required. Alternatively, there may be an opportunity to work with the City of Coon Rapids to improve emergency access for both this project and a Coon Rapids townhouse project to the south. The fire departments from the two cities will need to review the situation to determine the best course of action. Lot Size The proposed lots would be 6,204 square feet which exceeds the 6,000 square foot minimum lot size requirement for the M-l Multiple Dwelling Low Density Zoning District. The Lot Depth would be 141 feet which is slightly below the 150 foot minimum lot width requirement of the M- I Zoning District. The Lot Width of the properties would be 44 feet. This would be significantly below the 150 foot minimum lot width requirement ofthe M-1 Zoning District. Planned Unit Development review would be necessary to provide alternative development standards. It is important to note that the 150 foot lot width and depth requirements of the M-l Zoning District were created to address multiple dwellings on a single property. If individual properties were not created for the units, the proposal would meet these requirements. For comparison purposes, the following table illustrates the typical lot dimensions of townhouse developments in the City: Townhouse City Nature's Red Shawdow- Sunridge TH of Devonshire Aztec Projects View Run Pine brook Woodland Estates Estates Farm Fields Creek A vg Lot Area 6,204 sf 3,550 sf 2,550 sl 6,000 sf 9,856 sf 3,850 4,938 2,867 A vg Lot Width 44 feet 47 feet 41 feet 57 feet 63 feet 70 feet 33.5 feet 47 feet A vg Lot Depth 141 feet 75 feet 62 feet 110 feet 140 feet 70 feet 64 feet 52 feet 2 Neighboring Properties The site is located at the southwest comer ofthe City. To the north and east exist single family homes in the City of Andover. To the west and south exist townhouse developments in the cities of Coon Rapids and Anoka. Buffering the proposed development from the three single family lots that share a property line with the site is obviously important. The applicant has indicated that he will provide whatever type of screening the neighbors feel is necessary. 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 of land 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.) I Staff Recommendation Due to the fact that access can only be provided from 133rd Lane NW, the development potential of the property is limited. lfthe property were developed under the R-4 Zoning District standards and with a typical public street the result would be three single family lots. These lots would likely be double frontage lots with backyards facing Round Lake Boulevard. This is not desirable as the view entering Andover would be of fences or possibly cluttered backyards or, even worse, a combination of the two. If the street were designed as a frontage road to allow the three houses to face Round Lake Boulevard, the access at 133rd Lane would need to be dangerously close to Round Lake Boulevard. In either scenario, the project would make poor use of the land, would hold down the value of the land, and may be cost prohibitive as a result. The proposed project is a better alternative. With attention to detail during Planned Unit Development Review, the project can become an attractive addition at this entrance to the City, Other Ordinances The developer is also required to meet the following City Ordinances and all other applicable ordinances: Ordinance No.8, the Zoning Ordinance Ordinance No. 10, the Platting and Subdivision Ordinance Ordinance No. 107, Shoreland Management Ordinance Ordinance No. 108, Flood Plain Management Ordinance / Ordinance No. 114, Wetland Buffer Ordinance Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy 3 Coordination with other Agencies The developer and/or owner is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. Park and Recreation Commission Comments The Park and Recreation Commission will review this item at an upcoming meeting. ACTION REQUESTED The City Council is asked to informally advise the applicant on the potential for the proposed project and any adjustments to conform with local ordinances and review criteria. Attachments Location Map Sketch Plan (I Ixl 7 in Packet) Building Elevations (IIxI7 in Packet) Floor Plan (IlxI7 in Packet) Fire Department Turnaround Policy Planning Commission Minutes I Cc: Mike Bahn, 13313 Round Lake Boulevard I 4 Residential Sketch Plan 13313 Round Lake Boulevard NW J ~ ~ u I \~ ,,:.., --./n ~'''~ '" v (!) 1':\Rl I-lL I 1=' Ir P IT I ~~ ,1' CT )' I r I I~ - rnrn > - f-- ~ ~ - ,'- ~l~~ - I ~ ~ >- E ~~j (") 0 5 ~gj- ;~ ~ =~.m=~~ : BHE" _\\ n~ - - ~ ~ 0 ~ 10: I-- , fiB] ~ n~ ." ~ ~ / City of Anoka - I 7ffI:0 T 1"\ ,- (A.~ 41 ~ ""t:~ -, ~ - uJ -"~~ ~ ( ~'/~ ~~-~ City of Coon Rapids J N Project Location Map w~. . -s- Andover Planning ~ 0'" r--..' 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IJ./"I/L"t:lL 1/; 11 C~ ~_- t .J..J- ;J..JIJ.J ...--.-.. - .,. , I ANDOVER FIRE DEPARTMENT POLICY FIRE DEPARTMENT REQUIREMENTS FOR APPROVED TURNAROUNDS ON FIRE DEPARTMENT ACCESS ROADS AS REQUIRED BY MINNESOTA UNIFORM FIRE CODES Article 9 Section 902 Any of the following are acceptable turnaround alternatives: .A.CCEPTABLE ALTERNATIVE TO 0-60'.........60'.... 120' HAMMERHEAD go'DIAMETER CUl..-DE-SAC I. l ;0' !z I~ (:: ~J?J' r-'t ~'l. i:f '-. // . 'l.~~ '1'~ I + J,. '" 20' .-70'- r&~ 'I 'l.~ I -+20'.... '"1 I I ....20..... ....20.... \ I I 120 I HAMMERHEAD ACCEPTABLE ALTERNATIVE TO 120' HAMMERH~D -Io~ ~D') 37 221212 15:54 512 755 9583 PAS:. 01 Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 9 .. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR A DETACHED TOWNHOUSE PROJECT TO BE KNOWN AS "CITY VIEW FARM" LOCATED AT 13313 ROUND LAKE BOULEVARD NW. Mr. Bednarz explained the Planning Commission is asked to review a sketch plan for 'City View Farm', an urban residential development containing seven detached townhouse lots on an existing 1.34 acre property. The proposed development would require planned unit development review to provide alternative development standards from the typical R-4 requirements. Mr. Bednarz discussed the criteria with the Planning Commission. Mr. Bednarz stated that due to the fact that access can only be provided from 133rd Lane NW, the development potential of the property is limited. Ifthe property were developed under the R-4 Zoning District standards and with a typical public street the result would be three single-family lots. These lots would likely be double frontage lots with backyards facing Round Lake Boulevard. This is not desirable as the view entering Andover could be of fences or possibly cluttered backyards. If the street were designed as a frontage road to allow the three houses to face Round Lake Boulevard, the access at 133rd Lane would need to be dangerously close to Round Lake Boulevard. In either scenario, the project would make poor use of the land, would hold down the value of the land, and may be cost prohibitive as a result. I Mr. Bednarz stated the proposed project is a better alternative. With attention to detail during Planned Unit Development Review, the project can become an attractive addition at this entrance to the City. Mr. Bednarz stated there was a neighborhood meeting last week. Mr. Mike Bahn, 13313 Round Lake Boulevard discussed the proposed residential sketch plan to the Commission. He stated there are some buildings on the property that are not worth renovating. He stated there would be seven detached townhomes, single family that would be association maintained. Commissioner Falk asked how units with detached garages would sell. Mr. Bahn stated he wants to have a backyard courtyard that is useable and away from the road. He stated the detached garages may be an issue but there are only seven units. Falk asked if there is a market out there for detached garages. Mr. Bahn stated he thinks that people would buy them. Commissioner Larsen asked how many townhomes are in the White Bear project. Mr. Bahn stated that on the same size property, there are eight with detached garages in the back. -11- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 10 Commissioner Falk asked ifthe private drive is sufficient for the area. Mr. Bednarz stated typically all access would be provided from a public street, but that type of scenario would eliminate the development potential of the property. Commissioner Falk asked if this would be a safety issue. Mr. Bednarz stated emergency access is a concern and there is a turnaround between the last two garages in the sketch. It would need to be modified to accommodate the boiler plate turnaround and they are exploring with the City of Coon Rapids the potential to connect the private drive with the private drive in the townhomes to the south. Commissioner Kirchoff asked if the connection would only be for emergency use. Mr. Bednarz stated this is true. Commissioner Falk asked with a private drive, would the association take care of the snow removal and maintaining the roadway. Mr. Bednarz stated the City would not maintain anything south of 133rd Lane and would need to be maintained by the association. Motion by Larsen, seconded by Kirchoff, to open the public hearing at 8:17 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamache, Squires) vote. Ms. Grace Mary, 13385 Willow Street asked if there is going to be a traffic light on 133rd , Lane to accommodate additional traffic. Mr. Bednarz stated the County went through the area with striping and modifications and he thought this was all they will see at the present time. Ms. Mary stated it is disturbing because there will be a lot more cars. Motion by Kirchoff, seconded by Larsen, to close the public hearing at 8: 19 p.m. Motion carried on a 4-ayes, a-nays, 3-absent (Greenwald, Gamache, Squires) vote. Mr. Bahn stated this project may attract bus line people and the detached garage may encourage the owners to ride the bus. Commissioner Kirchoff stated he thought there was a project in Brooklyn Park with the same type of housing and he liked the design of those. Commissioner Larsen asked how many acres this is. It was noted it was 1.34 acres. Acting Chairperson Daninger stated they are always concerned with private roads and he would encourage the City to look to Coon Rapids for a through street for emergency purposes. He stated he liked the plan as he sees it. Mr. Bednarz stated that this item would be before the Council at the December 3, 2002 City Council meeting. J -12--- @ ) 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!:v ~ Will Neumeister, Community evelopment Director . FROM: D. Tyler Mckay, Associate Planner vfY? SUBJECT: Discussion of Resident's Request to Regulate Dirt Bikes - Planning DATE: December 3, 2002 INTRODUCTION A number of Andover residents have requested changes to Ordinance # 1 09 (Regulating All Terrain Vehicles and Snowmobiles) be amended to also regulate the use of dirt bikes and to increase the regulation of ATV's in the City of Andover. There have also been other complaints by Andover residents about the noise, dust and fumes associated with the racing of dirt bikes, ATV's and other vehicles on and off tracks on residential lots. The City Council directed this to be discussed by the Planning Commission and requested more information in regard to the Ham Lake ordinance, the ATV Taskforce and a confirmation of the number of complaints filed with the Sheriffs office. The Planning and Zoning Commission gave staff direction to look into increased enforcement of the noise ordinance. DISCUSSION Sherburne County Ordinance Sherburne County had a history of problems with racetracks on private lots. These tracks raced dirt bikes, ATV's as well as cars and other vehicles. To respond to citizen complaints, the County made these tracks a conditional use requiring a permit. The residents who owned or used the racetracks then complained that the County was being too restrictive. The County then made the tracks a permitted use with certain conditions. The purpose of this was to take the enforcement of this ordinance out of zoning department and into the Sheriffs department due to their stronger enforcement abilities. Ham Lake Noise Ordinance Ham Lake City Code Article 4 - Nuisances and Offenses subsection 700 Noise. This ordinance defines an excessive noise as: Noise received by a Residential Area which exceeds an Ll 0 of 65dB(A) during daytime, an Ll 0 of 55dB(A) during nighttime, an L50 of 60dB(A) during daytime, or an L50 of 50db(A) during nighttime, 1 I Ham Lake defines Noise Nuisances are by section 720 as: "Personal Recreational Vehicle Noise - Noise generated by Personal Recreational Vehicles which is received by any Residential Area, either as a Stationary Source, a Mobile Source, or a Circulating Mobile Source, and which exceeds 60dB(A) for any period of jive consecutive minutes. " The City of Andover Ordinance # 230 has a similar purpose. It states: "Exhaust, No person shall discharge the exhaust, or permit the discharge of the exhaust of any steam engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises there from and complies with all applicable state laws and regulations, (230A, 8/18/98)" The Planning and Zoning Clerk for Ham Lake, Dawnette Shimek, has said that the enforcement of this ordinance is primarily through the Sheriffs department. She also stated that Ham Lake will mail individuals a copy of the ordinance ifthere is a complaint, but they do not test to find if the noise involved is actually above the decibels allowed. One major problem with enforcement of this ordinance is if the activity is for a short duration, it will be over before an officer can reach the residence. Sheriff Calls, J In numerous discussions with the Anoka County Sheriffs deputies, many similar problems have been found with the enforcement of this aspect of Andover's noise ordinance. Certain loud noises are allowed during the day if they are for short durations, such as a chain saw. Usually, these activities are over before an officer can make it to the location. Otherwise, the officer will simply ask the resident to stop. Deputy Ivory remarked that most of their calls on dirt bikes and ATV's are in regards to the driving of these vehicles on City streets. For the months of July, August and September, the Sheriffs office recorded 19 complaints in regards to ATV's. Code enforcement staff was told that they do not differentiate between ATV and dirt bike complaints, and do not specify if they are from noise or other kinds of complaints. ATV Taskforce The ATV taskforce was formed to answer questions in regard to recreational use of ATV's on forest land. It mainly is about increasing the number of A TV trails and the enforcement of the use of trails. It will not complete that report until January 15th of2003, although preliminary findings will be available December 15th 2002. Residents Concerns Resident, Tom Danczyk, has submitted the changes he suggests be made to the ATV and Snowmobile Ordinance. This is to be considered separate from the changes requested previously by Mary Hilke and Pat Roberts who are primarily interested in the regulation of Dirt Bikes. / Planning and Zoning Commission Recommendation 2 The Planning Commission recommended City stafflook into increased enforcement of the noise I ordinance. A meeting was held with Captain Dave King, Community Development Director Will Neumeister, City Attorney Bill Hawkins and associate planner Tyler Mckay. Our City Attorney recommended increasing the criminal penalties of the noise ordinance. Although the first violation would remain a petty misdemeanor with a fine of $300.00, every further violation would be a misdemeanor with higher penalties. The Attorney has advised these changes be made to Section 9 of the Noise Ordinance: Section 9. Criminal Penalties. The first violation of this ordinance involving the operation of a motor vehicle is a petty misdemeanor and, upon conviction, the violator shall be punished by a fine not to exceed $300.00. Every other violation of the provisions ofthis ordinance shall be a misdemeanor as defined by state law. Each act of violation and each day a violation occurs or continues constitutes a separate offense. (230A, 8/18/98) The Attorney also advised that with the approval of the City Council, zoning code enforcement personnel could seek training and certification on the use of sound monitoring equipment from the Minnesota Pollution Control Agency. Then staff could inspect the properties being complained on, and monitor noise levels for the necessary period oftime (usually one hour) to obtain sound measurements to determine if the noise generated by the vehicles is more than the allowed decibels for that time of day. ACTION REQUESTED City Council is asked to discuss the different dirtbike proposals suggested by residents and give staff further direction if necessary. It is also requested that Council adopt the proposed changes to Section 9, Criminal Penalties. Attachments Letter from Mary Hilke City Council Minutes Suggested Resolution Changes by Tom Danczyk Sherburne County Private Motor Sport Vehicle Track Ordinance Ham Lake Noise Ordinance ATV Taskforce information Planning and Zoning Minutes R~bmitted, D. Tyler Mckay 3 SUGGESTED CHANGES BY TOM DANCZYK Draft 11/5/02 Und<<!;n,d;, now I.ngo.g" ,trik. ont it to b, "mmd. ;;.~ CITY OF ANDOVER . ~ J ~ COUNTY OF ANOKA {7 STATE OF MINNESOTA x,lf wi jJI-\II' tj oit'\ . i ORDINANCE NO, 109C \ I" ' AN ORDINANCE ADOPTING REGULATIONS FOR THE OPERATION OF if J> ~ ALL-TERRAIN VEHICLES, DIRT BIKES, AND SNOWMOBILES WITHIN THE f./; CITY OF ANDOVER, The City Council of the City of Andover hereby ordains: SECTION 1. DEFINITIONS. Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases as used in this section shall have the meanings set forth in the subdivisions of this section, which follow. J a. Snowmobile - a self propelled vehicle designed for travel on snow or ice steered by skis or runners, b. All-Terrain Vehicle - a motorized flotation-tired vehicle of not less than (3) low pressure tires, but not more than six (6) low pressure tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds. c. Owner - means a person other than a lien holder, having the property in or title to snowmobile, dirt bike or all-terrain vehicles, and entitles to the use or possession thereof. d. Operate - to ride in or on, and control the operation of, a snowmobile, dirt bike or all terrain vehicle. e. Operator - means every person who operates, or is in actual physical control, of a snowmobile, dirt bikeor all-terrain vehicle. f. Roadwav - means that portion of a highway improved, designed, or ordinarily used for vehicular travel; including the shoulder, but not including the boulevard. g. Boulevard - is that portion of the street right-of-way between the curb line and the property line. -"1- h. Ril!ht-of-Wav - means the entire strip ofland traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. i. Urban District - means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet, for a distance of a quarter mile or more. j. Public Lands - public parks, playgrounds, trails, paths, and other public open spaces; scenic and historic sites; schools, and other public buildings and structures. k. Safety or Deadman Throttle - is defined as a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. 1. Dirt Bike - a motorized, off-highwav vehicle traveling on two wheels and having a seat or saddle designed to be straddled bv the operator and handlebars for steering control. SECTION 2, PERSONS UNDER 18 YEARS OF AGE, No person under 14 years of age shall operate on streets or highways, or make a direct crossing of a street or highway, as the operator ofa snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this ordinance, and make a direct crossing thereof, only if he/she has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources, as provided by Minnesota Statutes Section 84.46, as amended. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section. SECTION 3, General Operation, Prohibited Areas. No person shall operate an all-terrain vehicle, dirt bike, or snowmobile south of the following line legally described as shown in Exhibit A, with the exception of designated snowmobile or ATV trails or areas that have been approved by the City Council and private property provided permission is granted by the owner, occupant, or lessee of such land except as noted below: No person shall operate an all-terrain vehicle, dirt bike or snowmobile on private property within the Citv of Andover for recreational purposes: a) Within ---4 feet of an adiacent property owner without written permission. -S"- b) Within - feet of an adiacent residence without written permission, Permitted Areas. The operation of all-terrain vehicles or snowmobiles is permitted north of the described line as shown in Exhibit A. The following designated trails or areas south of this line are permitted: 1) On Round Lake (when frozen) when access can be legally obtained. 2) On Crooked Lake (when frozen) when access can be legally obtained. (I09B, 1 I/2/99) SECTION 4, OPERATION ON PUBLIC PROPERTY, a. Operation Generallv. No all-terrain vehicle, dirt bike, or snowmobile shall be operated on public property within the City of Andover in violation of the following provIsIOns: 1. No person shall operate an all-terrain vehicle. dirt bike, or snowmobile within the City of Andover including but not limited to: school grounds, park property, playgrounds, recreation areas and golf courses, except; snowmobiles may be operated on designated snowmobile trails or , / designated access thereto. 2. No person shall operate an all-terrain vehicle. dirt bike, or snowmobile upon the roadway, shoulder, inside bank or slope of any trunk, county state aid, or county highway within the City of Andover; and in the case of a divided trunk or county highway, on the right-of-way between the opposing lanes of traffic. 3. No person shall operate an all-terrain vehicle, dirt bike. or snowmobile on city streets; except on the shoulder of the roadway, or in the absence of an improved shoulder, of the right-hand-most portion of the roadway (not on boulevard areas), and in the same direction as the street traffic on the nearest lane of the roadway adjacent thereto. In addition, snowmobiles or ATV's shall take the shortest route on any city street to access any county road, county state aid highway, or any designated snowmobile or ATV trails. 4. On a public sidewalk or walkway provided or used for pedestrian travel. 5. At any place, while under the influence of an alcoholic beverage or controlled substance. -(;- 6. At any speed in excess of 15 miles per hour on any public city street, or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. 7. At any speed in excess of 15 miles per hour on any county road, or county state aid highway in an urban district. All other county roads and county state aid highways not in an urban district must comply with Minnesota statues; or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. 8. At any place in a careless, reckless, or negligent manner, so as to endanger the person or property of another, or to cause injury or damage thereto. 9. So as to tow any person or thing on a public street or highway, except through use of a rigid tow bar attached to the rear of the snowmobile. 10. At a speed greater than 15 miles per hour when within one hundred (l00) feet of any riverbank or lake shore; or within one hundred (l00) feet of fishermen, ice houses, or skating rinks; nor shall operation be permitted within one hundred (100) feet of any sliding area; nor where the operation would conflict with the lawful use of property, or would endanger other persons or property. , , I II. In a manner so as to create loud, unnecessary, or unusual noise which disturbs, annoys, or interferes with the peace and quiet of another. 12. On any days between the hours of 11:00 p.m. and 8:00 a.m.; except on Saturday and Sunday the restriction shall be between 1 :00 a.m. and 8:00 a.m. 13. Such operation is not permitted within fifteen (15) feet of any public sidewalk, walkway, or trail. 14. It shall be unlawful for any person to drive or operate an all-terrain vehicle, dirt bike. or snowmobile in a tree nursery or planting in a manner which damages or destroys growing stock. 15. Authorized snowmobiles and all-terrain vehicles or dirt bikes may be used on any public property within the City for rescue, emergency, or law enforcement purposes. 16. A snowmobile.all-terrain vehicle or dirt bike may make a direct crossing of a street or highway provided: -7- a. The crossing is made at an angle of approximately ninety (90) degrees to the direction of the street or highway, and at a place where no obstruction prevents a quick and safe crossing. b. The all-terrain vehicle. dirt bike. or snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. c. The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard. d. In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway. e. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise, or in conditions of reduced visibility, only if both front and rear lights are on. f. A snowmobile may make a direct crossing of a street or highway; provided a snowmobile may be operated upon a bridge other than a bridge that is the main traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to travel when no other method of , avoidance is possible; provided the snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made within one hundred (100) feet of the bridge, and the crossing is made without undue delay. 17. No all-terrain vehicle. dirt bike or snowmobile shall enter any controlled intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or pedestrians which constitute any immediate hazard. (109B, 11/2/99) 18. An all-terrain vehicle. dirt bike or snowmobile may be operated upon any public street or highway in any emergency during the period of time when and at locations where the condition of the roadway renders travel by automobile impossible. (109B, 11/2/99) SECTION 5, EOUIPMENT, It is unlawful for any person to operate a snowmobile, dirt bike, or all-terrain vehicle any place within the corporate limits of Andover unless it is equipped with the equipment set forth as follows: I. Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-pass, straight pipe or similar -3- device on a snowmobile motor, and the exhaust system shall not emit or produce I a sharp popping or crackling noise. 2. Brakes adequate to control the movement of, and to stop and hold, the snowmobile or all-terrain vehicle under any conditions of operation. 3. A safety or so-called "deadman" throttle in operating condition, as that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. 4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness under normal atmospheric conditions. a. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. b. It shall be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear during the hours of darkness under normal atmospheric conditions. c. Such equipment shall be in use when the vehicle is operated between I the hours of one-half (IJ2) hour after sunset, or one-half (1/2) hour before sunrise, or at times of reduced visibility. SECTION 6. LEAVING SNOWMOBILE UNATTENDED. Every person having a snowmobile in a public place shall lock the ignition, remove the key and take the same with him, SECTION 7, CHASING ANIMALS FORBIDDEN, It is unlawful to intentionally drive, chase, run over, kill, otherwise take or attempt to take, any animal, wild or domestic, with a snowmobile, all-terrain vehicle. or dirt bike. SECTION 8. PENAL TV, Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $700.00, or by imprisonment of not more than 90 days, or both, plus costs of prosecution in either case. SECTION 9, EFFECTIVE DATE, This ordinance shall take effect and be in force upon its passage and publication as required by law. SECTION 10, ENFORCEMENT, The City's enforcement agency or the Anoka County Sheriffs Department in order to provide enforcement, shall be exempt from the requirements of this ordinance. (I09A, 1/5/99) -"l- Adopted by the City Council of the City of Andover this th day of. I CITY OF ANDOVER ~9aym ATTEST: Victoria V olk, City Clerk Amended l09A, I/5/99 Amended l09B, 1 I/2/99 I -(()- ~ f /.. - ~--- --- --~)t~ ./~(jJt .n(}rdiltdAt~ (/ I SECTION 16.6 GENERAL STANDARDS FOR PRIVATE MOTOR SPORT VEHICLE TRACKS This section covers motor sport activities, which include operation of dirt bikes, all terrain vehicles, mud trucks, and racecars used for recreation on private property in the unincorporated areas of the County. Subdivision 1. Definitions: Track: A course built for the operation of motorized vehicles which operate in a repetll1ve, continuous manner or an area where recreational motorized vehicles, through their repetitive use have altered or changed the natural contour of the landscape and created a clearly identifiable track. Subdivision 2, Permitted sites Sites which meet the following criteria are permitted uses in Sherburne County, unless prohibited by a more restrictive ordinance through another municipality: ,I 1. The parcel ofland is not in a residential subdivision. 2, The track must be located a minimum of 1,000 feet from any residence, except that of the owner. 3, The track must be located a minimum of 1,000 feet from a livestock shelter and/or or arena, except that of the owner. 4, Landowners wishing to hold a single day or week-end motor sport event must apply for a special conditional use permit. 5. There must be a 50' minimum setback from a track to the property line. I Sherburne County Zoning Ordinance 16,6 pg 1 Amended April 6, 2002 -((- Ham Lake City Code Article 4 , , ARTICLE 4 - NUISANCES AND OFFENSES 4-100 Public Nuisance Defined 4-200 Public Nuisances Affecting Health 4-300 Public Nuisances Affecting Morals and Decency 4-400 Public Nuisances Affecting Peace and Safety 4-500 Abatement 4-600 False Emergency Alarms 4-700 Noise I / Page 1 -1'1..- Ham Lake City Code Article 4 ARTICLE 4 - NUISANCES AND OFFENSES 4-100 Public Nuisance Defined Whoever by his act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (I) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members ofthe public; or (2) Interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public; or (3) Is guilty of any other act or omission declared by law or this ordinance to be a public nuisance and for which no sentence is specified. 4-200 Public Nuisances Affecting Health The following are hereby declared to be nuisances affecting health: (I) Exposed accumulation of decayed or unwholesome food or vegetable matter: (2) All diseased animals running at large; (3) All ponds or pools of stagnant water; (4) Carcasses of animals not buried or destroyed within 24 hours after death; (5) Accumulations of manure, refuse, or other debris; (6) Privy vaults or garbage cans which are not rodent free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; / (7) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste, or other substances; (8) All noxious weeds and other rank growths of vegetation upon public or private property; (9) Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities; (10) All public exposure of persons having a contagious disease; (I I) Any offensive trade or business as defined by statute not licensed by the County board of health as defined by law. 4-300 Public Nuisances Affecting Morals and Decency The following are hereby declared to be nuisances affecting public morals and decency: (I) All gambling devices, slot machines, and punch boards, excepting licensed (lawful) gaming activities. (2) Betting, bookmaking, and all apparatus used in such occupations; (3) All houses kept for the purpose of prostitution or promiscuous sexual intercourse, gambling houses, houses of ill fame, and bawdy houses; (4) All places where intoxicating liquor is manufactured or disposed of in violation of law or where in violation of law, persons are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property / used for maintaining such a place; Page 2 -(3 - Ham Lake City Code Article 4 I the City Council. Following such an inspection, the Building Official shall notify the owner of the steps necessary to correct the deficiencies. The owner shall, within 30 days after receipt of such notice, either provide evidence of compliance, or shall disable or dismantle the system. If after corrective action is required, additional false alarms from the corrected system occur, the inspection steps (including fee) outlined above shall be repeated, until 12 months elapse in which no false alarms occur. 4-700 Noise 4-710 Definitions - The following definitions shall apply to this Article: 4-711 MPCA Definitions Adopted by Reference - The definitions of the following terms shall be as found in Minnesota Rules, Chapter 7030 (Minnesota Pollution Control Agency Noise Regulations), which are hereby adopted by reference as if fully set forth herein: "A-Weighted"; "dB(A)'" "Decibel'" "Impulsive Noise". "LIO'" "L50'" "Sound Pressure " ", Level". 4-712 Additional Definitions A) "Stationary Source" - noise which emanates from a source which remains stationary; B) "Mobile Source" - noise which emanates from a source which is either in motion or capable of being in motion; C) "Circulating Mobile Source" - noise which emanates from a Mobile Source, but which source remains in a close proximity to a single location J (see Article 9-1250); D) "Daytime" - those hours between 7:01 a.m. and 10:00 p.m.; E) "Nighttime" - those hours between 10:01 p.m. and 7:00 a.m.; F) "Personal Recreational Vehicle" - motorized vehicles designed for usage by one person, sometimes including a passenger, including, without limitation, vehicles commonly known as snowmobiles, jetskis, motocross bikes, motorized dirt bikes, motorcycles, motorbikes, go-carts, motorized ,( gliders, three-wheelers, four wheelers and ATV's; G) "Residential Area" - any parcel of land upon which is situate a residence; H) "Excessive Noise" - noise received by a Residential Area which exceeds an LlO of65dB(A) during daytime, an LlO of 55dB(A) during nighttime, an L50 of 60dB(A) during daytime, or an L50 of 50dB(A) during nighttime. I) "Permitted Excessive Noise" - Excessive Noise which is generated by activities which are necessary to other residential uses, including, without limitation, lawnmowing, snow removal, non-commercial lot clearing, housing maintenance activities, hobby farming, gardening, residential construction (including landscaping, repair, remodeling), vegetation trimming or removal, sidewalk, patio or driveway construction. J) "Abatable Excessive Noise" - Excessive Noise generated from any source which is reasonably capable of being reduced by muffling, creating barriers, or other means, so as to reduce the noise levels to levels which do I Page 9 -/'1- Ham Lake City Code Article 4 / not constitute Excessive Noise, or to levels which are significantly less than the noise produced without abatement of any kind; K) "Chronologically Pre-Existing Noise Source" - a Stationary Source of Excessive Noise which existed prior to the establishment of Residential Areas which receive Excessive Noise from the Stationary Source; L) "Temporary Excessive Noise" - Excessive Noise which is generated by construction projects which have been approved by the City, including subdivision construction, building construction, excavation, dredging, ditch cleaning, land clearing, street construction or utility construction/repair; 4-720 Noise Nuisances - The following shall be considered Noise Nuisances, and shall be prohibited (see 9-1250): 4-721 Generators of Excessive Noise - Any activity which produces Excessive Noise, excepting those activities excepted under Article 4-722 below; 4-722 Personal Recreational Vehicle Noise - Noise generated by Personal Recreational Vehicles which is received by any Residential Area, either as a Stationary Source, a Mobile Source, or a Circulating Mobile Source, and which exceeds 60dB(A) for any period of five consecutive minutes. < 4-723 Exceptions - The following activities shall be exempt from the provisions of Article 4-721 above: A) Permitted Excessive Noise; B) Chronologically Pre-Existing Noise Sources, to the extent that the .' activity does not constitute Abatable Excessive Noise. A Chronologically Pre-Existing Noise Source which produces Abatable Excessive Noise shall implement abatement techniques to reduce noise levels as much as is practical. In the absence of an agreement between the City and the entity producing the Excessive Noise as to what constitutes a reasonable reduction in the noise levels generated, the practical level to which noise shall be reduced shall be determined by the City Council, after reviewing the following: i) recommendations of a qualified and competent noise consultant; ii) the financial consequences of requiring abatement; iii) the degree to which occupants of Residential Areas affected by the noise were or should have been aware of the noise prior to taking up occupancy; C) Generators of Temporary Excessive Noise; Page 10 -IS' - - -:CC:=~7A-r,/c"/d--k'Ct:ifi2 -= II - ._u .. .. _.a5"; (:':e INFORMATION BRIEF Minnesota House of Representatives Research Department 600 State Office Building St. Paul, MN 55155 John Helland, Legislative Analyst 651-296-5039 May 2002 The A TV Laws for 2002 The continuing concern over all-terrain vehicle CATV) use in state forests and other public lands, and the designation of new trails for their travel, led the 2002 Legislature to enact three separate laws dealing with ATVs. These ATV provisions are contained in Laws of Minnesota 2002, chapters 351, 353, and 355, In addition, the legislative auditor will evaluate motorized recreational vehicle trails in 2002 and report his findings and recommendations to the 2003 Legislature. , Chapter 351: Establishes Task Force This chapter, part of the "omnibus game and fish law," stipulates that the Commissioner of Natural Resources establish an off-highway vehicle task force. No identified number of participants on the task force is named, but a balance of appropriate representatives is noted, By January 15,2003, the task force must issue recommendations to the commissioner and legislative committees on: . the number and location of motorized trails on state forest lands, and a time frame for trail development; . a process for trail planning and building development; . current and future motorized trail management activities; . changes in forest recreation rules; . cost estimates for A TV trail activities; . recreational interests of nonmotorized forest users; . natural resource protection concerns from A TV trail use; and . any related issues determined by the task force. All of these ATV study items are contained in section 33 of the law. This publication can be made available in alternative formats upon request. Please call 651-296-6753 (voice); or the Minnesota State Relay Service at 1-800-627-3529 (TTY) for assistance, Many House Research Department publications are also available on the Internet at: www.house,leg,state,mn,us/hrd/hrd,htm, -<<- - . ~Arv- TaJJ:...-/iyce-I,--- . House Research Department May 2002 The A TV Laws for 2002 Page 2 . Chapter 353: Trails on Con-Con Land The commonly termed "con-con law," which settled state jurisdiction on the consolidated conservation lands in northwestern Minnesota, contains three sections that pertain to potential ATV travel on those lands. Section 1 requires the Commissioner of Natural Resources to designate at least 90 miles of ATV trails on designated wildlife management areas on con-con lands. The designation must occur by January 15,2004, must not include public roads, and must be within or contiguous to the wildlife management areas. Under certain conditions, deer hunters using firearms may use ATVs in a geographical area mainly adjacent to the Red Lake Indian Reservation. Section 7 allows the Department of Natural Resources (DNR) to issue citations for ATV violations in wildlife management areas on con-con lands, under certain conditions. Warnings would be given before citations are issued; this takes effect January 15,2004. Section 8 requires the DNR to establish wildlife management area access "working groups" of eight members in Beltrami, Marshall, and Roseau Counties, The working groups are to meet, identify, and recommend to the commissioner potential A TV trail routes that are required by section 1. The commissioner, in turn, must report on the results to the legislature by January 15, 2003 and 2004. I Chapter 355; Recreational Use Rules Section 1 requires all ATVs purchased by the DNR to be manufactured in Minnesota. Section 2 requires recreational area rules to be amended by the Commissioner of Natural Resources as follows: (a) On managed forest lands, motor vehicle operation may only occur on forest roads and trails that are not posted as closed; (b) On limited forest lands, motor vehicle use may occur on forest roads not posted as closed, and on forest trails posted to allow use; (c) Except as provided in (b) above, on any forest lands a person may use an A TV off of a forest trail when legally hunting or retrieving big game in the fall, or when legally trapping; (d) Allows motor vehicles in public forest areas for normal silviculture activities; and (e) Allows a variance for clauses (a) and (b) above for landowners and leaseholders to access their lands, if it's the only reasonable way to do so. Section 6 contains an appropriation of $1 ,215,000 in fiscal year 2003 for the maintenance, monitoring, enforcement, and environmental review of public lands and trails for ATV use, ) -17- November 25, 2002 TO: The Andover City Council Honorable Mike Gamache, Mayor Honorable Don Jacobson, Council Member Honorable Mike Knight, Council Member Honorable Ken Orttell, Council Member Honorable Julie Trude, Council Member FROM: Mary Hilke - Resident at 18030 Uplander Court SUBJECT: ORDINANCES RELATING TO DIRT BIKE RIDING ON PRIVATE PROPERTY Unfortunately due to another commitment of teaching Snowmobile Safety Training to 50 youngsters, I am unable to attend the City Council Meeting on Tuesday, December 3, Since the above mentioned issue is very important to me since I've been affected by the noise of dirtbikes for over 3 years, I made a request 10 City Staff on November 13 (the day following the Planning & Zoning Committee Meeting) to adjust the date this issue would come before you, Unfortunately, they could not comply with my request. Therefore, this letter is in place of my attending the meeting, Also enclosed is a copy of my presentation made to the Planning & Zoning Commission on November 12 since none of my comments were included in the minutes of that meeting - comments I feel are very important as they relate to responsibility of those involved in motorized recreation. The reason I have come before you is because I am affected by the noise, dirt, and fumes of dirtbikes that are being ridden on a circular track adjacent to my property and within 50 feet of my residence, On / Septmber 7th when I placed my call to most of the members of the Council, two dirtbikes went round and round on this circular track from 7-8:30 PM - One and one-half hours and it takes each dirtbike less than 1 minute to complete this circular course --I'll let you do the addition to figure out how many times those bikes passed my house, Also remember it was not winter when my doors and windows are shut and the furnace is going - it is when the weather allows me to enjoy the fresh air by having my doors and windows open. My issue is dirtbikes, not A TV's or snowmobiles, My issue is the noise. The noise generated from dirtbikes can be heard a mile away - it's ear shattering at 50 feet. A person living next to someone who dirtbikes has no recourse but to go into their home and shut their doors and windows until the motorcross stops, and even then the noise is aggravating and limits your ability to have a conversation within your home or talk on the phone. You may say that by endorsing an ordinance that restricts dirtbiking on private property infringes on the property rights of landowners - don't landowners also have the right to peace within lheir own home? As I've said it to you and the Planning & Zoning Commission - the issue of dirtbiking is very different than that of snowmobiling and A TV's - Dirtbikes were made for motorcross racinf! - dirtbikes make a lot of noise. The question now is how do we resolve the problem, We enjoy the right to free speech in America, but lhat right does not entitle us to yell "Fire" in a crowded theatre. Riding a dirtbike on private property might feel like a "right" to that property owner, but riding a dirtbike is a "priviledge" and riding a dirtbike or any other recreational vehicle should not infringe on the peaceful enjoyment of life by others, I don't believe I'm the only one affected by dirtbikes in Andover, I believe it's a community wide problem and we all need to be part of the solution, By establishing a buffer zone of 50-250 feet from property lines would not alleviate the noise problem associated with dirtbikes (remember, you can hear them a mile away), Establishing a deciballevel and testing the noise level at the time of abuse would also not work because by the time law enforcement would reach the property the activity would subside, dirtbike-C ouncil-12-3,doc -IJ>- I believe more and more neighborhoods in Andover are affected by dirtbikes and it's causing neighborhood I conflicts. I don't have a problem with my neighbor riding his dirtbikes when I'm not home and with my work schedule and outside activities taking me away from home, he has many opportunities to ride, which we discussed with him through mediation but wasn't an option to him - my neighbor believes as a landowner he should be able to do whatever he wants on his property, For me, it's a behavioral problem, a case of irresponsibility on lhe part of my neighbor, a case that requires a written regulalion -- and there are many others like me faced with the same problem. The noise I experience from dirtbikes next door is real, it's not something you read about in the newspaper, It's loud and it affects my life, It strips me of the "right" to peace and quiet within my own home. It affects my safety on my own property, It's time you as a Council took action - an enforceable ordinance regulating dirtbikes on private property in Andover needs to be established. It's up to you to make that happen. Thank you. Mary Hilke dirtbike-Council-12-3.doc -11- Mr. Chairman & Commission Members (Planning & Zoning Committee): , My name is Mary Hilke and I live at 18030 Uplander Court, I am one of the residents requesting that regulations be placed on dirt bikes on private property within the city of Andover. Andover currently has an ordinance on motorized recreational vehicles as it relates to Snowmobiles and ATV's, but Off Road Motorcycles or Dirtbikes are not a part of this ordinance. First, you need to know that I own an A TV and I'm a very active snowmobiler, I belong to and am active in a snowmobile club, I'm actively involved with the Minnesota United Snowmobile Association, and I teach snowmobile safety training to youth and adults, So, I believe in motorized recreation, I'm a strong supporter of motorized recreation, and usually I'm the other side of the table working to gain support for our sport. I never thought I would ask for restriclions 10 be placed on motorized recreation, bul unfortunately I have been placed on the other side of the table as we currently are being plaqued by dirtbiking next to our home, The issue of dirtbiking is very different than that of snowmobiling and A TV's, Dirtbikes were made for motorcross racing. Our neighbor has a dirtbike track in his back yard and it's within 50 feet of our residence, He runs anywhere from 1 to 4 bikes at a time, round and round, and the faster they go the more high pitched and noisy lhe sound is and with the noise comes dirt and fumes, Since our home is within 50 feet of this activity, when our neighbor is holding his motorcross, it's like they are coming through our front door -- we are not able to talk on the phone, communicate with olhers in the household, or entertain guests, Basically after a few minutes the sound is just plain irritating and gives you a headache, This activity also creates a physical hazard should we be in lhe yard and one of his riders should lose control of their bike. As a recreational enthusiast myself, I know that most times it's a common sense issue, As recreational enthusiasts, we must respect the rights given us to operate these recreational vehicles and treat it as a privilege as there are many people who don't share our love for motorized recreation, I want to reiterate , that riding a snowmobile, dirtbike, or A TV is indeed a Privilege -- it is not a right. A quote from the 2002- 03 Recreational Motor Vehicle Regulations says. "People enjoy using recreational motor vehicles for trail riding, off-road transportation, competition, and other activities. Your attitude towardyour surroundings and your behavior as a rider affect the attitudes of other outdoor users, landowners, and lawmakers. Ride responsibly. If you tread lightly on the environment, are courteous to others, respect private property and obey the law, you are contributing to the positive image of recreational motor vehicle activities." If everyone that wanted to ride a dirtbike or A TV adhered 10 those words I wouldn't be here tonight, As motorized recreational enthusiasts we must portray a positive image if we want our sport to continue, As I said, I teach snowmobile safety training to youth and adults, Our classes reinforce that snowmobiling is a privilege and with each privilege we enjoy there is associated responsibility for safety, courtesy, and protection of the environment, Snowmobilers have a code of ethics -- one of those is that they recognize that people judge all snowmobile owners by their actions and that they will respect other people's property and rights. I believe it's lime that A TV ers and Dirtbikers follow lhe same code of ethics, It only lakes one or two people to ruin motorized recreation for everyone and because ofthe irresponsibility of my neighbor believing that he can do whatever he wants on his property because he is a landowner and his belief that it is his "right" to operate his dirtbikes whenever he wants and for however long he wants, is the reason why environmentalist groups are coming on strong and demanding that all motorized recreation be stopped. An article by Doug Smith appeared in the Star and Tribune on Sunday October 27 regarding a billboard campaign called "Prolect your Privilege to Ride" thallhe DNR is launching to promote responsible off- highway and all terrain vehicle use -- it's being targeted at all terrain vehicle riders, four-wheelers, and off- road motorcycles (also known as dirtbikes), It's being done 10 better educate some Off Highway Vehicle users about how to behave responsibly because it only takes a few to ruin it for everyone, dirtbike-Council-I2-3,doc -Zt/- My issue with my neighbor has been going on for over 3 years and I want it to stop and the only way that / will happen is if the City of Andover incorporates a regulation within an ordinance is enforceable. We approached lhe Council when Jack McKelvey was mayor, called him during one of the neighbors motorcross escapades and was informed that they were in violation of the noise ordinance and we should call the Sheriff -- it wasn't what we wanted to do but we had no choice, We chose not to have a citation issued at that time and encouraged our neighbor to go through mediation with us to work out a suitable arrangement. Unfortunately medialion did not work as our neighbor felt that as a landowner it was his right to ride whenever he chose, that we should make our phone calls after 8:00 PM and shut our doors and windows when they were riding if we didn't like the noise, dirt, and fumes. Andover is a rapidly growing community, Currently there are no restrictions on dirtbikes in the entire city, Whether your house is on a quarter acre property within feet of another house or a 40 acre property where there is space between, there are no dirtbiking restrictions, My guess is each of you on the Planning & Zoning committee haven't experienced this in your own home,..but if someone moved in next door to you tomorrow with dirtbikes, or your current neighbors decided to take up the sport, they could operate those bikes anytime from 8:00 in the morning until 10:00 at night when the exisling noise ordinance kicks in.. ..and there is nothing our law enforcement can do to stop it because Andover does not have an ordinance regulating dirtbikes on private property, And believe me, the noise generated from these dirtbikes can be heard a mile away, So basically, as adjacent landowners to someone that misuses his right in using molorized recreation, we are stripped of our right to peace and quiet within our own home, and safety within our own yard -- and I want to remind you that riding dirtbikes is a priviledge but peace, quiet, and safety as a citizen in this country is a right not a privilege, We believe lhat to balance private property rights and the impacts to adjacent residences, there is a need to establish dirt biking guidelines on private property within lhe entire City of Andover. On a 20 or 40 acre parcel outside the urban core, the use of these vehicles is unlikely to have a great impact on adjacent properties versus a rural or urban size lot of 3 to 5 acres. I I'm not asking you to ban dirtbiking in Andover -- that is not fair to those that dirtbike responsibly and understand the sport and how it impacts their neighbors, We have another neighbor that also has a son that dirtbikes, He respects his right to ride, spoke with us prior 10 his son riding, has a regulation muffler, rides only for short times and at a much greater distance from other homes in the area, When this neighbor rides his dirtbike it is not abusive or irritating, However, all it takes in one irresponsible person unwilling to respect the rights of others to strip privileges from everyone. If you are going to operate motorized recreational vehicles, you need to do so responsibly or not at all, I want to encourage you to take action on this issue to incorporate some enforceable guidelines and restrictions. I've been dealing with this issue for over three years. I'm a very big supporter of motorized recreation, but I also believe that landowners also have a right to peace, quiet, and safety within their own homes and should not have to tolerate the noise, dirt, and fumes associated with a dirtbike track next door. If you choose to ignore this issue, it will not go away, nor will I. It will only continue to get worse - as Andover grows so will the issue. I believe this is something the City of Andover needs to look seriously at now before the situation worsens throughout the city and you are faced with strong environmentalist groups demanding a total ban on recreational vehicles in the City of Andover. Many people use their recreational vehicles on their property for non-recreational uses such as snowplowing, wood gathering, etc. and it would be sad if they were bannedfrom doing this because of the irresponsibility of a few recreational enthusiasts that like to ride their vehicles round and round in their back yards. I urge you to step forward and take action to establish some regulations as it relates to dirtbiking within the City of Andover and I would be happy to provide my assistance in making this happen. Thank you for your time, dirtbike-C ounci!- J 2 -j,doc -21- Councilmember Knlght stated atter l1stemng to me aemanus allllt:: nul\. lllt::t::Llll.;; "" UV"" uv, .,~~ _OJ alternative to this. MOl Orttel, Seconded by Trude, to approve Item No. 22 (Fencing Quotes/O I -2/BaII Field West of High Scho d Mr. Eveland would clear trees and grubbing where the fence will be installed. , J Mayor Gamache asked why they oing with an eight-foot fence in one area. Mr. Erickson stated the higher fencing should deflect the fou n the one field. The other fields should not have that problem. Councilmember Knight asked Mr. Eveland ifhe has cattle on his prope all times. Mr. Eveland stated he does. Counci1member Knight asked if they should put up signs statm trespassing or something like this. Mayor Gamache stated staff should talk to Mr. Haas and let him kil one is allowed over the fences for their safety. Motion carried unanimously. /drAfl I~ ctr C1U1iloi/llfi;ut.;( r~71o z- J ~ RECEIVE RESIDENT REQUEST/ORDINANCE #109 CHANGES Mr. Neumeister stated an Andover resident has requested that Ordinance #109 (Regulating All Terrain Vehicles and Snowmobiles) be amended to also regulate the use of dirt bikes in the City of Andover. The resident has indicated that numerous times a neighbor has ridden dirt bikes very close to their home and it is very irritating to them. The resident has called numerous times to complain about the neighbor to City Council and Staff. City staffhas indicated that it is a rural area in which they live and this is typical of what occurs in those areas. " Councilrnember Orttel asked what the regulation is, are A TV's and snowmobiles only regulated on J public property. Mr. Neumeister stated he did not have an answer because he did have the regulation with him. Counci1member Jacobson stated on ofthe problems in the Ordinance is that the noise has to be over a fifteen-minute period, and with dirt bikes, it varies so much that this would not apply. Mayor Gamache stated the rationale given by the resident needs to be taken into consideration. Mr. Erar stated the item discussing was presented to staff within the last two days and they do not have a lot of staff comment of analysis regarding this. He stated the Council has receipt ofthis item and information on interest the Council has regarding this Ordinance. Mayor Gamache asked Mr. Dickinson if he had any information on the Ordinance in Sherburne County. Mr. Dickinson stated the Ordinance is very controversial and are possibly looking at repealing it. Another issue is enforcing the Ordinance. Councilrnember Jacobson stated they should turn this issue over to staffto discuss with the Attorney and come back to the Council with a recommendation. I Y LICENSING/MORATORIUM UPDATE ouncil meeting interest was expressed in making -- .. , , _1'"_.. Regular Andover City Council Meeting Minutes - October 15, 2002 Page 12 ntil they could review the information, Moti by Orttel, Seconded by Knight, to table Item No. 24 (Lot Split Request/l 6030 Makah Street NW) fo esearch to be done on this item. Motion passed 4 ayes, 1 nay (Jacobson). 'ARD SETBACK VARIANCE/17536 QUAY A VENUE NW Mr. Erar stated the apph t is proposing to build a 24-foot by 24-foot addition onto the second level above the existing garage. he home is non-conforming due to its 20-foot comer side yard setback where 40 feet is the minimum llowable in the R-3 zoning district. A variance is needed to correct the non-conforming status of the isting home to allow the project to move forward. The addition over the garage on the south side 0 e home will not change the existing setbacks of the home in relation to I 76th Avenue. Councilmember Jacobson stated he had this lIed because he is in favor of letting them do what they want to do but what they are doing is granti a variance for a twenty-foot setback. Right now this is a non-conforming use and by doing this, the are saying a twenty-foot setback is ok. In his mind, it makes it a conforming use so if it burns down d they wanted to put another addition on or garage on, they could do it without coming back for ap oval as long as they met all the other requirements. If they wanted to keep it a non-conforming us but allow them to build the addition, that is a different way of doing the same thing. Mr. Neumeis stated their Ordinance does not allow them to add onto a non-conforming building until i is made to be conforming, Councilmember Jacobson asked if they could vary from it. Mr. Neu ister stated he did not think they could because it is a use issue and they cannot vary from the use. Motion by Orttel, Seconded by Knight, to approve Item No.6 (Approve ideyard Setback Variance/17536 Quay Street NW). Motion carried unanimously. (See Resolutio .. RECEIVE RESIDENT REQUEST/ORDINANCE #109 CHANGES (CONTINUED) Will Neumeister, Community Development Director, stated they had a request from an Andover resident to amend Ordinance #109 (Regulating All Terrain Vehicles and Snowmobiles) to regulate the use of dirt bikes in the City of Andover. City Staff received language that the property owner would like to have the City adopt. The property owners who had the complaints filed against them have also written a letter explaining their view ofthe situation, which they consider to be harassment. Councilmember Jacobson stated he observed that the question is not restrictions on dirt bikes themselves, it is the noise created. Instead of an Ordinance or banning them, would it be more useful 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 -2.~- Regular Andover City Council Meeting Minutes - October 15, 2002 Page 13 the City Council is because their neighbor using dirt bikes has blatantly abused them. Their neighbor runs many dirt bikes at one time around his property and they cannot enjoy their own home because of the noise. She stated they have called the police but were told they could not do anything because Andover does not have an Ordinance. Ms. Hilke stated she believes Andover is a rapidly growing community and it is only going to get worse. She does not believe in banning recreational vehicles but something needs to be done. She would like to see something go into effect that is enforceable. She contacted Ham Lake and they have a good dirt bike ordinance but it is under the noise ordinance. She stated she did call the sheriff's department and got a report for the last six months of complaints, There have been about 36 or 40 complaints. She stated Andover needs to have something to enforce the orindnance to protect the citizens who do not want to listen to the noise. Councilmember Trude asked if the property owners own all the vehicles. Ms. Hilke stated they also have friends over to ride bikes. Mr. Tom Danshek, 15584 Raven Street stated he felt Ordinance #109 should be amended to place stricter controls on the abusive operations of A TV's, snowmobiles and dirt bikes for safety and noise reasons. He stated he has neighbors that have created a track for ATV's in their backyard and ride I from morning to night. He stated he has four children and they cannot play in the backyard because of safety reasons and they cannot enjoy their deck or backyard because ofthe noise. He stated there should be certain exclusions allowed in the amendment, such as people using ATV's for work purposes on their property. Councilmember Orttel asked what size lots are around the neighborhood. Mr. Danshek stated they are 2,5 acres. Councilmember Trude stated she would like to look at Ham Lake's noise ordinance concerning this, Mr. Dickinson stated the legislature has selected people to research the A TV situation and evaluate not only City Ordinances but also the States enforcement of this. The Council consensus is to have the Planning Commission review Item No. 28 (Resident Request/Ordinance # 1 09 Changes) and look into the safety with possibly looking into the noise issue and make recommendations to the Council. cllmember Jacobson asked if the property owners wanted this to be rezoned. Mr. Neumel -z1- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 1 I ~ PUBLIC HEARING: DISCUSS PROPOSED AMENDMENTS TO ORDINANCES #109 AND #230 REGULATING DIRT BIKES IN THE CITY OF ANDOVER, Mr. McKay explained that a number of Andover residents have requested changes to Ordinance #109 (Regulating All Terrain Vehicles and Snowmobiles) be amended to also regulate the use of dirt bikes and to increase the regulation of A TV's in the City of Andover. There have also been other complaints by Andover residents about the noise, dust and fumes associated with the racing of dirt bikes, A TV's and other vehicles on and off tracks on residential lots. The City Council directed this to be discussed by the Planning Commission and requested for more information in regard to the Ham Lake ordinance, the ATV Taskforce and a confirmation of the number of complaints filed to the Sheriffs office. Mr. McKay discussed other cities Ordinance's with the Planning Commission. Acting Chairperson Daninger stated Mr. McKay mentioned nineteen complaints, does he know how many different addresses this is from. Mr. McKay stated the sheriffs report he received does not have a lot of information, Motion by Falk, seconded by Larsen, to open the public hearing at 8:30.m. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamache, Squires) vote. Mrs. Mary Hilke, 18030 Uplander Court stated she is one of the residents requesting dirt bikes be included in the current Ordinance. She read a letter to the Commission and presented her viewpoint. Mr. Tom Dancheck, 15584 Raven Street stated they feel Ordinance 109 needs to be modified to address a setback distance from the property line and residents and needs to address the repetitive operation of dirt bikes on trails and private properties. He stated they are not trying to ban motorized vehicle use in the City, they are trying to create a buffer. He discussed his issues and viewpoint with the Commission. Mr. Pat Roberts, 18030 Uplander Court stated he would like to add that in talking to Anoka County Sheriffs Department, the noise ordinance is unenforceable as written. Andover's snowmobile and ATV Ordinance is written for public property. This means that a resident can do whatever they like on their own property with no regard to their neighbors. He read from the Ordinance and asked ifthis could be changed to include dirt bikes and ATV's for public property also. Mr. Brian Flute, 15667 Raven Street stated there were a couple of issues he would like to clarify in regards to the track described by Mr. Dancheck. He stated the track was built for safety and curves so it slows the traffic down. The issue arose because neighbors refused to communicate and work with each other. He stated after understanding of the issue, the amount the kids have been allowed to ride has decreased and the rules for riding have changed and been followed. He stated he has a problem with people that -2,- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 12 want to change because the City is changing. He stated he has a list of neighbors that agree with him. He stated some of the numbers forbid 2,5 acres from riding. He stated they want to make it clear that by the petition, they want to reserve the right to operate on their property. He stated the majority of people moved out to Andover to do be able to ride. He cautioned the Commission to look at the lots and not just the dimensions. Mr. Jim Linahan, 665 148th Lane stated he owns two and a half acres and moved to Andover from North Minneapolis because he wanted to get away from all the regulations. By putting the setback restrictions in place, the residents cannot do anything on their property. He stated if the setbacks were enforced, this would force people to own more land, which is impossible in Andover. Mr. John Swoosher, 1433 16lst Avenue NW stated his concern was finding out the setbacks seemed so excessive and unreasonable. He stated he does not have a dirt bike or A TV or snowmobile. He stated his concern is seeing what seemed to be stunning figures for the change in the Ordinance. He stated residents need some type of resolution other than the sheriffs' department. Mr. Dan Barrett, 1727 I Partridge Street NW stated they moved to Andover in 1993 from Minnetonka for the added acreage. He stated they have not had any complaints or police calls. He stated he feels sympathy for what Ms. Hilke is going through but he hates to \ see the entire City affected by a couple of people who do not follow the rules. , , Mr. Dan Benedict, 15638 Raven Street stated he lives next door to Mr. Dancheck. He stated they invited the entire City Council over to see the trail they have complained about and Mayor Gamache showed up. He stated they rode the trail for about forty minutes and was amazed. Mayor Gamache stated this was one of the safety trails he has seen. He stated the trail is completely lined with trees and there is not an issue that someone could cross over the property lines from the trail. He stated their four wheelers have never been started at 8:00 a.m. He stated the noise ordinance issue is great and if anyone of the vehicles exceeds the Cities limits for over a minute, they should be made to change the vehicle to be remufflered. He stated there are three other neighbors that would like to connect the trail together to create a larger trail to ride. He stated he feels for Mr. & Mrs. Hilke and stated that something needed to be in regards to their issue. Mr. John Stong, 2333 155th Lane NW stated they live on a lot that is 200 by 400 feet and if the Ordinance changed to 300 feet, it would make their yard unusable. He stated they have no complaints from neighbors when riding their ATV's. He stated he cannot hear his neighbors running their A TV's but occasionally they do hear a dirt bike running in the distance constantly. Ms. Patty Howard, 2119 I 56th A venue stated she understands the issues with dirt bikes but some of the families have gone out of their way to make sure riding their ATV's does not disturb their neighbors. She stated the neighbors are concerned about what their kids , are doing. She stated they are living in a rural area and the kids generally ride with care, -2.6- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 13 \ She stated as a landowner, they have a right to do what they want on their property as long as no laws are broken. If there needs to be limitations, she understands that but she does not want privileges taken away. She stated she does not want to see the rights of the landowner taken away. She stated the kids deserve the opportunity to ride recreational vehicles as long as the rules are obeyed. Mr. Dancheck stated he did not propose the 300-foot setback, staff proposed this. He suggested a minimal setback. He also did not state there was continuous use. He stated that comparisons to leaf blowers and lawn mowers are a distinct difference between these types of operations versus optional riding vehicles. Mr. Flute stated he wanted to clarify that on the trails they ride, the kids cannot speed through where they are going. They have never crossed the property line and the kids riding know what they are doing and the safety issues. He stated the track was designed for safety. He stated this is not a racetrack and if the kids are caught racing or timing, the machines are put away for a long time and it is taken very seriously. Mr. Roberts stated that they have to appreciate the people that have moved to Andover for a little peace and quiet. Ms. Hilke stated that as snowmobilers, they went through this a few years ago and she \ thinks this is something that is happening and as communities grow, they have to look at / what is best for the community and she urges everyone to become active to open up some of the forests trails. Motion by Falk, seconded by Larsen, to close the public hearing at 9:23 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamache, Squires) vote. Commissioner Kirchoff stated the issues that certain parties are experiencing are real. He stated he couldn't support adding new regulations everywhere. He asked ifhe could drive a snowmobile on his property south of 16151. He stated the noise ordinance should be enforced. He asked if they have a noise ordinance. Mr. McKay stated they do but the Sheriff has stated that by the time they get to the property, the activity is done so it is hard to enforce. He stated the Sheriffs Department does not consider this an issue. Acting Chairperson Daninger stated they should have staff look at what would make for a more enforceable noise ordinance because there is a concern on how to enforce this. Commissioner Falk stated he does not want restrictions but it is an issue between two neighbors. They need to take this issue as a whole for the entire community. Commissioner Larsen stated she did not think it is just a one-neighborhood issue. She stated they need to be sensitive to the people who moved here for some peace and quiet and the noise is the issue and she would like to find a solution for this. / -2,7- Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 14 , J Acting Chairperson Daninger stated because ofa few incidents, this comes to the City's attention and they need to look at this as a whole. He believes the responsible riders in the area will comply with the current Ordinances. He stated he is not in favor of a buffer zone at this time. He stated they needed to look into checking the noise ordinance and how to help the law enforcement enforce this. Mr. McKay stated he would talk to the law enforcement on how to enforce this. Commissioner Larsen stated she would be in favor of some type of buffer zone. Commissioner Falk stated it would be nice for neighbors to try to work things out for themselves because he cannot see a buffer zone as being the solution. Acting Chairperson Daninger stated the direction is to look more at the noise and how to enforce this. Mr. Bednarz stated that this item would be before the Council at the December 3,2002 City Council meeting. OTHER BUSINESS, Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that the City would be holding an open house for the Rural Reserve Study. This will be held on November 20, 2002 at 4:30 p.m. ADJOURNMENT, Motion by Falk, seconded by Larsen, to adjourn the meeting at 9:36 p,m. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamache, Squires) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Of/Site Secretarial, Inc. ~Z3- @ \ CITY OF ANDOVER ) 1685 CROSSTOWN BOULEVARD N.w, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI,ANDOVER.!\fN,US TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Schedule YMCA Community Center Survey Report Meeting DATE: December 3, 2002 INTRODUCTION The Andover City Council will be receiving the results of a community market survey authorized by the YMCA to determine the level of community support there is in the Andover market area for a YMCA. The results of this study will determine whether the YMCA will participate as a project partner in the proposed community center project. Their consultant, Anderson, Niebuhr & Associates will be presenting the results of the community market survey. DISCUSSION YMCA representatives have indicated that their consultant will be available on Wednesday, December 11, 2002 to present their findings regarding the community market study, Council had previously indicated they would be interested in televising this meeting. ACTION REQUIRED Schedule a special televised City Council meeting for Wednesday, December 11,2002 at 7:00 p.m. in the Council Chambers. Respectfully submitted, ~ .::> City Administrator \ . @ J CITY OF ANDOVER 1685 CROSSTOWN BOULEVARDN,W,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,Cl.ANDOVER,MN,US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Consider Adoption of 2003-2007 Capital Improvement Plan (CIP) DATE: December 3, 2002 INTRODUCTION The City Council has reviewed the proposed 2003-2007 CIP over the course of the last several weeks and has held two (2) Council Workshops to consider proposed projects. The first Council workshop, held on October 9, 2002, provided Council with an overview of the proposed CIP planning and project approval process, along with individual department presentations on proposed 2003 projects. The second Council workshop, held on November 14, 2002, was scheduled as a joint Council work session with the Parks and Recreation Commission. Presentations at this joint workshop included proposed park projects as recommended by the I Parks Commission. DISCUSSION In order to put the capital improvement plan into effect, Council is requested to adopt the proposed plan, along with the CIP project authorization schedule that specifies the approval process for each proposed project. At the Joint Council/Parks Commission Workshop, Council discussed, but did not provide any final direction regarding the construction of a new trail segment on Andover Boulevard, from Hanson Boulevard traveling east to at least Bluebird Street. As Council may recall, this project was requested earlier this year by neighborhood residents in the form of a petition for children walking along Andover Boulevard where no trail currently exists. This project is currently identified as a 2004 CIP project item. If Council is interested in advancing this trail project to 2003, then Council should direct staff to begin the process of identifying potential funding sources and modify the 2003-07 CIP to move this proposed trail project to 2003. BUDGET IMPACT Each proposed 2003 eIP project will be individually evaluated for appropriate funding sources, and will be presented at an appropriate time for specific Council approval. , RECOMMENDATION ) Council approval of the 2003-2007 CIP as previously presented and revised by the City Council to include advancing the Andover Boulevard trail segment project to 2003. ) \ , @ CITY OF ANDOVER i 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 Administrator~ FROM: Jim Dickinson, Finance Director SUBJECT: Acknowledge GFOA Distinguished Budget Presentation Award DATE: December 3, 2002 INTRODUCTION The City of Andover was recently notified that the Government Finance Officers Association (GFOA) has recognized the City of Andover 2002 Annual Budget document as a Distinguished Budget Presentation A ward winner. DISCUSSION I This award is the highest form of recognition in governmental budgeting, and its attainment represents a significant achievement by the City of Andover. The Distinguished Budget Presentation Award is valid for one year and to continue in the program, it will be necessary for the City of Andover to submit the next annual budget document to the GFOA within 90 days of the budget's adoption. The award is presented to the Finance and Administration Departments, although, the preparation of the document is a collaborative effort of all City Departments and the City Council. Without the on going dedication and cooperation of all this achievement could not be reached. Attached is a Press Release provided by the GFOA. ACTION REQUESTED The City Council is requested to acknowledge the GFOA Distinguished Budget Presentation Award. - , .- . --- --- --- --- --- --- --- . GOVERNMENT FINANCE OFFICERS ASSOCIATION 203 North LaSalle Street, Suite 2700, Chicego. Illinois 60601-1210 312/977-9700 . Fax: 312/977-4806 November 15, 2002 PRESS RELEASE For Further Information Contact Stephen 1. Gauthier (312) 977-9700 ************************************************************************************ Chicago--The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that City of Andover, Minnesota has received the GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: .J . a policy document . a financial plan . an operations guide . a communications device Budget documents must be rated "proficient" in all four categories to receive the award. When a Distinguished Budget Presentation A ward is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to Jim Dickinson, Finance Director & John Erar, City Administrator. Since the inception of the GFOA's Distinguished Budget Presentation Awards Program in 1984, approximately 900 entities have received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving 14,000 government fmance professionals throughout North America. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. / WASHINGTON OFFICE 1750 K Street, N,W.. Suite 350, Washington, DC 20006 202/429-2750 . Fax: 202/429-2755 ~ OR Ie;. I rJrt L Nov27, 2002 Andover City Council Members Our names are Cleo and Shirley Klein. We reside at 13761 Northwood Dr. N.W. our side property line is adjoining to the present Molly Professional Building and our entire back property line will adjoin with the proposed second building. We understand we have no say in the property going commercial but we would like very much to have a privacy fence between our properties. According to the Andover ordinance #8.08, we should be able to have one. The builder has said that it would be too costly for him to ~aintain, but if it were to be cement blocks or concrete wall there would be minimum expense for him to maintain in future years. We feel that we should have the fence because of bunker lake road noise. Kids skateboarding during evening and weekends. And we should be able to have a little privacy in our lives. We would also like the existing holding pond to be cleaned of debris more often and fenced in before we have an accident or death as the kids do play there, and there is always standing water, usually 3-4 feet deep. Thank-you for your consideration in this matter. Sincerely, ~.f ~- Shirley A, Klein CITY OF ANDOVER 1685 CROSSTOWN I30ULEV ARD N, W, . ANDOVER, MINNESOTA 55304 . (763) 755.5 I 00 FAX (763) 755-8923. WWW.cJ.ANDOVER,MN,US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda Items for December 3, 2002 Council Meeting DATE: December 3, 2002 The Council is requested to review the supplemental material for the following Agenda Items: Table under Consent Items - Item 3. Approve Change Order #3R/98-29/Grey Oaks (Phase I) - Engineering Accept Additional Information under Discussion Items - Item 11. Consider Lot Split Request/l 6030 Makah Street NW (Carried from Oct. 5 & Nov. 6 CC Mtg,) - Planning Item 14. Consider Amendment to Comprehensive Plan/Change Urban Residential Low Density to Limited Commercial/13730 Crosstown Dr. NW -Planning Item 15. Approve Rezoning R-4 to Limited Business/13730 Crosstown Dr. NW - Planning Accept Additional Information - . Andover Hockey Rink Schedule - per Councilmember Trude's Request #i~ J F. rar Ity Administrator . i ,I @ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. www.C1.ANDOVER.MN.US TO: Mayor and Council Members CC: John Erar, City Administrator~L-. FROM: Bill Ottensmann, City Engineer SUBJECT: Change Order #3R198 Grey Oaks (Phase I), Item 3 DATE: December 3, 2002 INTRODUCTION The City Council is requested to table this item as the developer's engineer has requested additional time to review the change order. DISCUSSION The original plans for this project proposed installation of concrete weirs in 5 structures. Due to space considerations a change order was issued to use stainless steel weirs instead of the concrete weirs specified. The developer's Engineer has requested additional time to review the Change order with the City's consultant. ACTION REQUESTED Council is requested to table this item. Respectfully Submitted, {?,..M O~r" - Bill Ottensmann Interim City Engineer ([!) 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 Administrator FROM: Will Neumeister, Director of Community Development~ SUBJECT: (Supplemental) Consider Lot Split Request/16030 Makah Street NW (Carried from Oct. 5 & Nov. 6 CC Mtg.) - Planning DATE: December 3, 2002 INTRODUCTION An Andover resident who lives on Makah Street has submitted a letter of objection with reasons for denial (two page letter attached). DISCUSSION/ ACTION REOUESTED No discussion is needed, this is just additional information being presented to Council by a resident. Respectfully submitted, ~$24t~~ Will Neumeister A TT ACHMENTS: Letter from Resident @ RECEIVED 15961 Makah St. NW DEe 2 rr r..") Andover, MN 55304 CITY OF ANDOVER November 27,2002 The Honorable Mayor and City Council of the City of Andover 1685 Crosstown Blvd, NW Andover, MN 55304 Re: Application of John and Ida Moore for Variance and Split of Tract "w" Registered Land Survey No. 72, Anoka County, Minnesota This letter is written to express our opposition to the above variance and lot split. The applicants, as owner of a 5-acre lot, request a variance of the minimum lot width of 300 feet established by ordinance: to allow the division of their lot to accommodate a sale of a part of the property for construction of another residential building, The applicants acknowledge that the present lot minimums in Andover are 2,5 acres in area, 300 feet in width, and 150 feet in depth. The request for variance is to apply to a reduction of the lot width below the established minimum for the parcel containing an existing home, in order to allow the proposed split parcel to meet subdivision minimums, In other words, the variance is to allow the existing home site to become substandard, The universal standard test applied to a request for a variance from a zoning ordinance is twofold, ' first, whether the enforcement of the ordinance would cause undue hardship to the applicant and second, whether granting of a variance would be in keeping with the spirit and intent of the ordinance, In this case, the answer to each test is negative. 1. Hardship, The applicants have not addressed the question of their hardship because there is none, The sole purpose of the variance request is their desire to profit from the lot division, A profit motive does not respond to the issue of hardship. The existence of undue hardship means that the property cannot be put to reasonable use if used under the conditions allowed by the ordinance. The plight of the landowner must be due to circumstances unique to the property, not circumstances created by the landowner. Economic gain considerations alone do not constitute undue hardship, if reasonable use for the property exists within the terms of the ordinance. Obviously, the present use of the property as the applicants homestead is reasonable. The applicants were fully aware of the conditions imposed by the zoning ordinance at the time they pur~hased the property that they have occupied as their homestead since 1998, The Honorable Mayc)r and City Council of the City of Andover November '27. 2002 Page 2 The applicants letter to the mayor and council, dated October 15, 2002, ignores the question of hardship, and recites only circumstances surrounding past division requests and justifies their request based upon their assumption that past subdivisions set a precedent to allow all future tracts to be subdivided if variances can be obtained. The applicants assumption is misguided and is inapposite to Minnesota zoning decisions, which hold that it is not unreasonable for a municipality to deny a request for variance similar to variances which have been granted to others in the past when the landowner applicant was unable to demonstrate that the denial would create an unreasonable . hardship, and the variance requested would not be materially detrimental to the purposes of the ordinance or to the property in the area, 2, The Spirit and Intent of the Ordinance. The Planning Commission unanimously recommend denial of the proposed lot split citing that findings had not been demonstrated for the proposed variance, The staff recommendation concurred with the Planning Commission. Accurate dimensions of the two parcels proposed in the split are not available because the applicants have not provided a survey, which should be required for an informed examination of the issue. The City Planners Report reviews past requests for subdivision of lots in the unique area, The 1997 Stanton request for a variance and lot split from frontage minimums is similar to the present applicants request. Stanton used a similar approach to the present application, claiming that prior divisions had been allowed. No hardship was demonstrated, and it appeared that profit was the motive for the request. The request was denied, The present applicants purchased their property after the Stanton decision was issued, and they knew or were able to know of the reasons for that denial. The Stanton decision establishes substantial legal precedent for denial of this request. Here, the objecting homeowners in the area have demonstrated that the area is a unique. neighborhood of large 5-acre lots, and splitting of those lots to allow more construction would adversely affect the unique quality of the area. Respectfully submitted, Mark & Patricia Monroe CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,C1.ANDOVER,MN,US TO: Mayor and Councilmembers CC: John Erar, City Administrato~ FROM: Will Neumeister, Director of Community Development/vL SUBJECT: (Supplemental) Consider Amendment to Comprehensive Plan/Change Urban Residential Low Density to Limited Commercial/13730 Crosstown Dr. NW - Planning Approve Rezoning R-4 to Limited Business/13730 Crosstown Dr. NW - Planning Consider Lot Split Request/16030 Makah Street NW (Carried from Oct. 5 & Nov. 6 CC Mtg.) - Planning DATE: December 3, 2002 INTRODUCTION Two residents who live near the property in question have submitted letters. One letter objects to the change of zoning. The second letter requests a fence between the properties. Both letters are attached. DISCUSSION/ ACTION REQUESTED No discussion is needed, this is just additional information being presented to Council by residents. Respectfully submitted, ~dl /!&u~~ Will Neumeister A TT ACHMENTS: Letters from Residents Nov27,2002 Andover City Council Members Our names are Cleo and Shirley Klein. We reside at 13761 Northwood Dr. N.W. our side property line is adjoining to the present Molly Professional Building and our entire back property line will adjoin with the proposed second building. We understand we have no say in the property going commercial but we would like very much to have a privacy fence between our properties. According to the Andover ordinance #8.08, we should be able to have one. The builder has said that it would be too costly for him to maintain, but if it were to be cement blocks or concrete wall there would be minimum expense for him to maintain in future years. We feel that we should have the fence because of bunker lake road noise. Kids skateboarding during evening and weekends. And we should be able to have a little privacy in our lives. We would also like the existing holding pond to be cleaned of debris more often and fenced in before we have an accident or death as the kids do play there, and there is always standing water, usually 3-4 feet deep. Thank-you for your consideration in this matter. Sincerely, ~4'd~ Shirley A. Klein RECEIVED 12/2/02 DEe 3 c To: Courtney Bednarz, City Planner CITY OF ANDOVER Re: Proposal for 13730 Crosstown Boulevard NW I live directly behind the proposal property, at 13769 Northwood Drive, the middle lot. In regards to the development at 13730 Crosstown Boulevard NW, I would like to see a privacy fence put up between the new development and our property. This would limit the view into the offices at night and also stop some of the light being reflected into our yards. I feel that the trees alone would take too long to grow up and give adequate blockage. 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I , .~ ~ I I I I~ I I ~~ I I I I tx I '" ;) ~ ~ C'~ ; .r> Ut' i~ ~-~ DATE December 3. 2002 0 I ~ I ITEMS GIVEN TO THE CITY COUNCIL ~ ~ >- National Sports Center Information >- PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU, G:IDA TAIST AFF\RHONDAAIAGENDAICCLlST,DOC