HomeMy WebLinkAboutCC August 15, 2000
CITY of ANDOVER
j
Regular City Council Meeting - Tuesday, August 15,2000 agenda
Call to Order - 7:00 PM
Resident Forum Bookmar
Agenda Approval Name
Consent Agenda
Approval of Minutes minutes
Discussion Items
1. . Public Hearing/Adopt Assessment RoI1/98-1l/Jay St. NW ph9811
2. Amend Ordinance No. 240, Firearm/Bow Discharge ord240
3. Approve Variance (V AR 00-16)/Frontage on Road/Lot Width/Section 12/W ojciechowski varOO16
4. Variance Request (V AR 00-17)/Sideyard Setback from Street! 1460 154th Lane NW /Wold wold
5. School Discussion school
Staff, C'ommittees, C'omminions
6. On-Sale Intoxicating Liquor License/Jade Catering, Inc. jadecater
-' '. 7. Schedule Budget Workshop budget
'--~ 8. Set Meeting Date/Field Inspection/OO-18/Future Extension of Andover Blvd. NW dateOO18
9. Select Interview Dates/Council Candidates interview
10. Temporary Non-Intoxicating Liquor License/Andover Lions/Fire Dep1. Tournament firedept
NQn-Di~..n~~iQn/C'onsent Itl>ms
11. Discuss New Grant Program - Soccer soccer
12. Appoint Election Judges/Primary Election judges
13. Award BidlOO-16/Grey Oaks (Phase II) bidOO16
14. Award Quote/00-30/13635 & 13625 Gladiola S1. NW/WM qtOO30
15. Award Quote/00-22/Misc. Concrete Curb & Gutter qtOO22
16. Approve Hire/Public Wo~ks Employee/Sewer & Water Dep1. hire
17. Approve Lot Split (L.S. 00-09)/16635 Verdin Street NW/Boum lotsplit
18. Approve Special Use Permit (SUP 00-07)/16635 Verdin Street NW/Boum ASUP
19. Approve Employee Health Insurance Policy and City Contribution health
Mayor/Council Input
Payment of Claims
Adjournment
\
, .J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Ausrust 15. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Approval of Minutes City Clerk p
ITEM NO. U.O
Approval of Minutes
The City Council is requested to approve the following minutes:
August 1, 2000 Regular Meeting
, I
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Auqust 15, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Scott Erickson, ~t
ITEM NO. J~
Engineering
Public Hearing/Adopt Assessment Roll/
98-11/Jay Street NW
The City Council is requested to hold a public hearing on the proposed assessment for the
improvement of watermain, sanitary sewer, street and storm sewer for Project 98-11, Jay
Street NW.
Attached are the following:
. Resolution adopting the assessment roll
. Public Hearing Notices
. List of property owners
The final amount to be assessed for the two parcels is as follows (see attached final'
/ assessment worksheet):
1. Parcel 34-32-24-41-0010 = $16,780.48
2. Parcel 34-32-24-41-0008 = $30.628.64
$47,409.12
This final amount is less than the amount which was identified on the notice sent to Kottkes
regarding the assessment hearing. The final assessment role reflects the above noted
figures.
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF
SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER FOR
IMPROVEMENT PROJECT 98-11. JAY STREET NW FOR CERTIFICATION.
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and
heard and passed upon all objections to the proposed assessment for the improvement of
sanitary sewer. watermain. street and storm sewer
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is
hereby accepted and shall constitute the special assessment against the lands named therein, and
each tract of land therein included is hereby found to be benefited by the proposed improvement in
the amount of the assessment levied against it.
2001
2. Such a essments shall be payable in equal annual installments extending over a period
of 10 ars, the first of the installments to be payable on or before the first Monday in
January 000 nd shall bear interest at the rate of 6 percent per annum from the date of
the adop I of this assessment resolution. To the first installment shall be added interest on the
/ entire assessment from the date of this resolution until December 31, 2000. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
3. The owners, of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the
entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any
time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid,
with interest accrued to December 31 of the year in which such payment is made. Such payment
must be made before October 15 or interest will be charged through December 31 of the next
succeeding year.
MOTION seconded be Councilmember and adopted by the City Council at a
reQular meeting this 15th day of Auqust , 2000 , with Councilmember
voting in favor of the resolution, and Councilmember
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey - Mayor
Victoria Volk - City Clerk
PROJECT9S:1.1
,(' -,
NOTICE IS HEREBY.GIVEN that the City Council of the Cityof Andover, AnokaCounty, Minnesota
wi.1I mee.t,at the A, ndover City Hall, ,1685 Crosstow,n ,Boulevard, NW" in the C. i.ty, .0fAndov"er, on.,
August 15, 2000 ,at 7:00 PM to ,pass upon the proposed assessment for the improvement of
watermain, sanitary sewer, street and storm sewer in the following described area: .
. - , .
T. hepropo.se..'d,~ssess,m., ent,roll is o,n f.iieforpublic inspec,tion at the City Clerk's Offi. Ice.' The total
amountofthe proposed assessment is $49.829.47. Written or oralobjectionswill be' considered at '
the meeting, No appeal may betaken as to the amount unless a signed, written objection is filed
," with the Clerk prior to the hearing ~rpresented to the presiding officer at the hearing. The Council
mayupor,such notice considerany objection totheamountofa proposedindividualassessme(1t at
/ an adjourned meeting upon such further notice to the affected property owners as it deems
advisable. '
An, owner. may, appealim "assessment to' District Cburtpursuant .to. MinnesotaStatLites.,'Section '
429.081 by serving notice of the appeal upon the Mayor or Clerk of the Citywithin30 days after.
. adoption of the assessment and filing such notice with the District Court within ten days ,after
service upon the MayOr or Clerk.' , . " , .
;. .
.... .
..~i.JtJ~.
VictoriaVolk - City Clerk
7-28-00, 8-4-00 & 8-11-00
"
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. PRQJEC,T98~11
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'.:'NOJICE:19HEREBY GIVEN that,the City Council.of theCrt)iofAndover, Aiioka'CountY.,Minnesot~. ....
Will meet :atthe: Andover:City Hall, .;1685 GrosstownBoulevardNW/in the City of Arid over, on:, . .
..Tuesday,Augusr15,2000at7~OOPM to-passupon.theproposed :a'ssessmen'Uorthe Jn1proveriierit" :':
.:. ':"ofwatermain, sanitary-sewer, streetarid storm sewer at the fOlloWing 'described. ar~a: " ".;' ..',
. .' 'c''-"':'' ,':-,_'_",:, , :' - "'x'" :'-, ,,<q ,:,,- "'. '_ :_"_<'-"" ':__>_';'~' _.':':-~<":'-' ,_.':--,-' _.', ':,-, ~_:..:.'_,' ~','. ',' "<'
. '" . ,. .JayStreetNW. ..
:> :"';,-h~'~rn b6~t !c/be. s~e6i~uy; assessed~g~i~st'Y~~r:~~rti9ulari6i,~~t. p~rceJ~f J~nd' ,15'$32 ,~42.1 $: . ".<_..' '.
.,Youmayatanytime:priortosertificatlon itthe. aS5essrnent)0 'th~:CountYAuditbr,'pay thee1)tire .,,;';".
,;assessmentpn::s'uch', property,with .interest accr~ec;ltoJhe.:date;. of ,p,iym,entto'.the'.City:lre'asuret,:" .'.
. . NointerE3stshallbe . chargedifttle : entire assessm'enLi~.paidwHhin'30'daysfrom-the ad6ption,0(,:: i
/'this assessmerit..' You.may ,at 'ahy tiriieth~reafter;.paY-;to,i6e CitY.' Trea'su.rer the, entireamC?unt'of' ":':
.,;.the.assessment Temainin~runpaidi withfriterestaccruE;loto December 31 ofctheyear in which such';, .
,'<paYI'n'ent is made., ,Suchp'aymenfmusfbe'madebeforeNoveniber:15 . orinterest wilibecharged':' .
. ..throtigh December.3tofthesucceeding.year,' If you. decide rot to' prepay'tI'easses~i-nentbefore;>:- ".
.the date'giveri above.the assessn;1en(~hall be .payablein :eq'uaLannual installme~tsexteridingover:. . '.
'. ,'. ~~'perjod. ofJ!L 'ye'ar~,andshClfl bearJnterest .af the rateof~ percentperyear.Tne rightlbpartially-,,"
pre'pay theassessryientisnCltavciili3ble. . ,- ,.' ..' ...... : ,'-'
..~he..prop~s~~asse.ssrnent'roll.is6n:;il~.for 'PUbli8' jhs'~~Ctionatthe CjtY,CI.erk'so~ce:!:nlet6tal.'"
, ;'aniOLllitofth~ proposed asse~smEmti~. $49.829:4 7>. Written or()ra'obj~ctiol1s will be c9nsideted'at
.., the, meeting.' No appealrnay, betake!) 'astotheCimou'nt !Jnless asjgn~d,Writtenobjectidriisfiled
.' with, the .qer~priorto the:hearingor,present~dto the pr~sidingpfficeratth~ 'hearin'g.; The CounCil.
" maYYPol1 'such notice 'consider-any objection to the amount of a.proposed individuaL assesslJlentat
. anadjou rned meetiilg' upon- such' fu rther ,notjce,to~the,affeded property:~ ownersaszif deems
.', ' -,' ,'. ',"" '.. ,'- - - -., ... ,.. .' ,- -., ''',- ' .' -' " ' . -,
,'advisable." ,.., <:""'.. ..
'.An: o~n~r mayappeal,a.~'.. ai~es.~mentto'.. DistriCfC~urtPtl~sua~tto' M.!n~esotasta:tutessectiod "
: 429.'08 t~yservingn()ticeofthe appeal upon the M~yoror,Clerk .ofthe. CitY within' 3Q' days'after,
adoption, of. theassessment.and. 'filing. ~uch: notice' with. the District 'Court within
.~eJviceupon'theMayoror Clerk, . ...'
,-',
"". .
, ferry OF ANDoVER
;:-C9UNTyOJ=,l\,NpKA, ..... '.
. STATEOFMINNESOTA.,.
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, ", ...i. . '-' :,:oPROJEC,<g'kH{,' .... , ., '.....,.. .
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... f'.JOTICE is HEREBY GIVEN that theCity~COLJncil,ofthe: City',ofAnd6ver;AnokaGountY,Minnesota";':';\'
. - ' -..- '" ,,' "," -.: --" -. : "-', ~ ""-': - -.'-, ", ".'- ' - -' --'.- - ..., -',' ,-' - ': -, .. - --;, ' . -', -''''''', "" . - ",',' ..,," - -.' j' , ;.:.. "::' ,:,', ".
:;::wlU:meetat.. the AnaoverGitYHalli";1685/Cro,sstoWnBoulevard NW i injheCity,qf'. Ancjover,<op.:,
': Tu~sday,;ALigust:15 ;2000at}:OO'PM 'to pass upon the: prhposedassessment forthe' improv~ment, ~,~,\
'.'of, waterrriairi,' sanitary' se~er,:street and stormseJler att!1e"fo!lowingde~crit>E~d' area =,' ""'.'.,
. ......~.;,~ ..'.... .~~:,;;.:......:.','..'~:,:';:::'~.....'..,:.;":.,,: .', ":::Jay;~~~~hN~::;,,".i",':: .,.,...::,:;;:,:,';~" .:.......:,: ....... ". . . .,.. ,:':::"i':':'~",
.1;heamounfto be specially' assessedagaihstyourparticular:lol,'or p~rcerof land 'i5.'$17;387:29 .':'::.":;
"'You, may:atan.Y'~irii~ prior .to', ce.rtffi<;:atipri.if ther.assessmentto :the- COll nty':Auditor, . p$y the e(1tir~':':;;':' .;
"!assessrrierit;on:such 'property, .;' with 'i nterestaccrtJ~d: to;th.edateof paYrnenfto itheRityTrea$~rer,;' .'.
'. ':N~ 'i~te(es:t's~all.pe;ch?rg~p,jf:Yi7.' ~~~jre.as~.~ssm~6f}s. paid '..wi~hin.$p...~ays:frornith~'~A()ptlon~8f:", . .:
~.; thls,as!?essment ..'YoumaYc:lt.any. time ,thereafter,; pay" to theCJtyTreal;lurer. the.. entlreamoul1tof ,;.::'.
.' theassessmenf;remaIri ing,u npaid ; with' 'i nterestaccrued .' to Decerhber.31 ; Of the.' yea rin'wh ich'such':'., .;
.. p~Ynien(is'rriade~: :Suchpayment must. be niadebef6~e'. November'1S'or interest '~i'lfb~":hargeCl'::'.':
,.' ..through '. Decem be{31,:ofthe slJcceedi ngyear., ,If 'iQu#ecidenot to'prepaY'the'.assessme~tbefore',;.,::;:;
the dat~g'iyeh,abov.etheasses~il1el1t shan:~e:paya,ble in'equaLafl'nual. insta,lIments ext~n,ding"o\;er;:,"
a period' 0['10' years andshCiIl bear-Interest at the rate of 6perceritperyearTne righttopartiaUy" .
..'pr~p:a~.t~~;7.~ses,~~.entisnot a~~Habl~.:.. ...' ...... '.' ":" '.....:.:-'.' '..... ....'.. ,",. ."'.' :,.,',...::,..:',,:;('. :", ,...:{,!,
'Theprpp6s~dassessment roll is on, file for publicjnspectionaftheCityqerk's'qffice. '. 'The total>'
. ....amountofthe proposed' assessrnent.is$49'.829i4"7 .;'WrItten o(ora'1objections,wllr6e,cqnsidered at' {. '.'
'the meeting; "N6 . FlPpealmayl?etakenastci .the(ani6unt unles:sasigned; written' 6 bjeCtionis,Vled' "
"'with,' theClerkpriofto thehearing6?present~d tothe'pr~~iaing.offjcer:at thehearing~. The,'qouncil .' ';:,
may upon; susJ:1' noti6ec()nsid~rany, object~o[l t6th13arnountofa"Pfoposed, ind ividLH:l1 . ass~ssment at..'
anadjourri~clmee~ing',upori: ~uch further: noti~e . tot~eaffect~d .., prop.erty:ownersas':it,d,ee:rns", .
'advisable. ".; ',:,":' \: .: .. ': ":'.' ,,~,:' ",'" . ";::~;:' . '.: . .,: ., ......,>:_>,; .' :;:'..;,;
':,~'{ . "," '_'_, ",':, _." ,:-,,,,:'~"'<,,.:,,:->':.,::,: "," '_ __", , - _', .-,;'.,,' "" : u_ :_:' '_-', '".-, _ ::,',_,' '"- '_', __ ~
." A~: ownerr'rta{ appe~i1an' assessrnent'toDi~trict Courtpursuaot to,f0i-nnesofa. StatytesSectioq:
42Q.08 {by' serving . noticeoL tneapp'eaL upon the Mayor:or, ;CIE~rk'otttie .Cit}1'within '30daysafler,
adoption oLthe assessment and ,filing such. notice. with the DistriclCourtwithintendaysafter".'..
service upon the Mayor or-Clerk.; .-'.'.' .,.'..: '...l",., ,...: ,.... ':';': ....'.: ,.' ',: ;'.
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RUG-10-2000 14:02 --- --- -
Final-Andover Special Assessments
Project Name: Jay Street Reconstruction Project No. : i8:11
Feasibility Report Date: March 2, 2000 Amount: $ 1 ,043,971.00
Contract Award Date: Amount: $ 357,640.50
Final Contract Sanitary Sewer $ 23,720.00
Watermain $ 36,803.50
Storm Sewer $ 58,645.40
Streets $ 244.572.03
Amount: $ 363,740.93
Expenses
Engineering: $ 58,400.00
Aerial Mapping (1 % of street) $ 2,445.72
Drainage Plan (0.3% of street/storm) $ 909.65
Administration (3%) $ 10,912.23
Assessing (1%) $ 3,637.41
Bonding (0.5%) $ 1,818.70
Legal & Easement $ -
Advertising $ 797.66
, City Costs (includes inspection) $ 33,275.17
Testing $ 2,796.89
Street Signs $ 292.13
Construction Interest $ -
Total Expenses $ 115,285.56
Expenses Multiplyer 31.6944%
Final Project Cost Amount: $ 479,026.49
/
1 11608
AUG 10 2000 14:05 651 292 0083 PAGE. 02
RUG-10-2000 14:02 0'::>.1 &:.='1::. ll:Jt:.Jo....J .- .1t.J.....'~......
Assessment Rate Calculations
1 Sanitary Sewer
Final Construction Cost $ 23,720.00
Less City Cost $ -
Total Cost $ 23,720.00
Plus Expenses 31.6944% $ 31,237.92
Benifitted Frontage 1476 FF
(Includes Andover Station frontage of 820 feet)
Benlfitted Sanitary Sewer Cost
$ 31.237.92 = $ 21.16 perFF
1476
Assessable Sanitary Sewer Cost
Benifitted Cost $ 21.16 per FF
X .6.Qfi FF
Assessed Cost $ 13,880.96
2 Watermain
Final Construction Cost $ 36,803.50
Less City Cost $ .
Total Cost $ 36,803.50
Plus Expenses 31.6944% $ 48,468.15
Benifitted Frontage 1148 FF
(Includes Andover Station frontage of 820 feet)
Benifitted Watermaln Cost
$ 48,468.15 = $ 42.22 perFF
1148
Assessable WatermainCost
Benifitted Cost $ 42.22 perFF
X ~ FF
Assessed Cost $ 13,848.04
2 11606
RUG 10 2000 14:05 651 292 0083 .-.- -
PRGE.03
AUG-10-2000 14:03 O::>J. t::.='G t:J"-lO...J 1.t::.J"""t"t:J-'
3 Storm Sewer
Final Construction Cost $ 58,645.40
Less City Cost $ -
Total Cost $ 58,645.40
Plus Expenses 31.6944% $ 77,232.72
Assessable Storm Sewer Cost
Included with the street
4 Streets
Final Construction Cost $ 244,572.03
Less City Cost $ -
Total Cost $ 244,572.03
Plus Expenses 31.6944% $ 322,087.71
Assessable Street Cost
By City Policy $ 30.00 per FF
X fi5.6 FF
Assessed Cost $ 19,680.00
3 11608
AUG 10 2000 14:05 651 292 0083 PAGE. 04
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AUG 10 2000 14:05 651 292 0083 PAGE. 05
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
I DATE: AUlWst t 5.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO. ~.
Amend Ordinance No. 240 Jeff Johnson, Zoning Administrator
Firearm/Bow Discharge
Reauest
The City Council is asked to review and approve an amendment to Ordinance No. 240 - An Ordinance
Regulating the Discharge of Firearms and Bows. As you are aware, a letter and petition dated April I?,
2000 prompt the City to review the ordinance and the boundaries for the discharge of firearms and bows.
Plannin!! and Zonin!! Commission Recommendation
The Planning and Zoning Commission met on July 25, 2000 and recommends approval (4-3 vote) ofthe
amendment. The amendment is as follows (please refer to attached map):
\
Prohibited Zone (Red)
The discharge of firearms and bows would be prohibited south of 161st Avenue NW with the exception
of the areas higWighted in orange.
Restricted Area (Orange)
In these areas, the discharge of firearms is permitted on parcels of land ten (10) acres or more in size for
the sole purposes to shoot geese during the early Goose Season and waterfowl during the Waterfowl
Season. Bow hunting will be permitted on parcels of land 2.5 acres or larger. Hunting deer via firearm
would be prohibited.
Restricted Area (Blue)
The discharge of firearms in these areas are permitted on parcels ofland ten (10) acres or more and the
discharge of bows are permitted on parcels ofland 2.5 acres or more.
The Commission had a concern with waterfowl season (September 30 - November 28,
2000) interfering with deer (firearm) season (November 4 - November 22, 2000). It was felt
by some Commissioners that a line should be drawn between the seasons (i.e. November 1
/ or the day prior to deer season).
'.
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CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE July 25,2000
AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR
3. Public Hearin2: Amend Planning AGENDA
Ordinance No. 240 Jeff Johnson
FirearmsIBows Discharge
BY: BY:
REQUEST
"
"
The Planning and Zoning is asked to hold a public hearing to amend Ordinance No. 240 -
An Ordinance Regulating the Discharge of Firearms and Bows. A letter and petition
dated April!7, 2000 prompt the City to take the necessary action to review and draft an
amendment to this ordinance.
The proposed amendment based on a number of past discussions with the Planning and
Zoning Commission is as follows;
j
1.. Firearm discharge would be prohibited south of l6lst Avenue NW with the
exception of the areas highlighted in orange on the attached map. In these areas,
goose hunting via discharge of firearm is allowed on parcels of land ten (10) acres
or more in size during Early Metro Goose Season (early to mid September) and
Late Metro Goose Season (mid December). The DNR sets the specific dates each
year for this event.
Bow hunting will be permitted in the same areas highlighted in orange on parcels
ofland 2.5 acres or larger.
2. The areas in blue also remain restricted. The discharge offirearms in these areas
are permitted on parcels ofland ten (10) acres or more and the discharge of
bows/arrows are permitted on parcels of land 2.5 acres or more.
3. Firearm and bow/arrow discharge would be prohibited in areas highlighted red.
Please review the attached map as it reflects the proposed changes.
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 240A
AN ORDINANCE AMENDING ORDINANCE NO. 240 - REGULATING THE
DISCHARGE OF FIREARMS AND BOWS WITHIN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Section 2. Rel!ulations.
D. No persall shall diseharge a firearm sr bow within the City of l.ndsver as shovi'n
on the attaehed map as "Prohibited Zone". The attached map and the language
contained and stated in this map shall become part of this ordinance.
&- ~Jo person shall diseharge a firearm or sow in the City em,]ept far the f{)llcnv.ing
eanditians:
1. Firearms may be diseharged provided t-he pareel sf land is ten (1 g) aeres in
size ana the prejeetile dses net eaITY beyend the property line.
I
2. Bs'.Ys may be diseharged provided the pareel oflaRd is twe aRd eRe half
(2.5) aeres or more in size and the projeetile does Rot earry beyond the
pfsperty line.
3. ResidentsiLanaO'oYflers may diseharge a firearm Hpon their property for the
pHrpose sf slaHghteriRg animals prsvided the rareel ofland is five (5)
aeres sr more in size aRd the prejeetile dees Ret earry seyeRd the property
lina.
E. 4:- Written permission by the property owner shall be given to any person
prior to the discharge of a firearm or bow on their property.
F. ~ Reereatisnal shoetiag of a firearm is permitted pro'lided the rareel ef laRd
is ten (10) aeres sr more in size. Reereational target shooting of bow is
permitted rrevided the pareel of land is two and one half (2.5) aeres or
mere in size. When recreational target shooting is conducted. the
projectile shall be directed at a target with a backstop of sufficient strength
and density to stop and control the projectile.
G. When discharging a firearm or bow, the projectile shall not carry bevond
the property line.
1
Adopted by the City Council of the City of Andover on this _ day of _,2000.
/
A TTTEST: CITY OF ANDOVER
Victoria V olk, City Clerk J. E. McKelvey, Mayor
2
. ,
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 240
An Ordinance repealing Ordinance No. 62C, adopted May 15, 1990.
AN ORDINANCE REGULATING THE DISCHARGE OF FIREARMS AND
BOWS WITHIN THE CITY OF ANDOVER.
".,,"
The City Council of the City of Andover hereby ordains:
Section 1. Definitions.
The following definitions shall apply in the interpretation and enforcement of this
ordinance.
Bow all long bows used for target and hunting purposes
as regulated and defined by MiImesota Statutes, Chapter 97B.
Firearm shotguns and pellet weapons, whether C02 or pneumatic
powered.
Hand Gun a hand held weapon with a rifled barrel and discharging a
single shot or pellet at a time.
Rifle a shoulder weapon with a ritled bored barrel or barrel~ and
discharging a single shot or pellet at a time.
Shotgun a shoulder weapon with a smooth bored barrel or barrels and
normally discharging more than one (1) pellet at a time,
except when using a single slug.
Section 2. Regulations.
No person shall discharge at any time a firearm or bow upon or onto any land or
property within the City except as provided by this ordinance.
A. No person shall discharge a firearm within five hundred (500) feet of any
residence or a bow within one hundred and fifty (150) feet of any residence.
1
, ,
B. No person shall discharge a firearm or bow on public property owned or
operated by the City, County, State or School District.
C. The discharge of a rifle or hand gun utilizing a solid projectile shall not be
allowed within the City.
D. No person shall discharge a firearm or bow within the City of Andover as
shown on the attached map as "Prohibited Zone". The attached map shall
become part of this ordinance.
E. No person shall discharge a firearm or bow in the City except for the
following conditions:
1. Firearms may be discharged provided the parcel ofland is ten (1 0)
acres or more in size and the projectile does not carry beyond the
property line.
2. Bows may be discharged provided the parcel of land is two and one-
half (2.5) acres or more in size and the projectile does not carry
beyond the properiy line.
.., ResidentsILandowners may discharge a firearm upon their property
.J.
for the purpose of slaughtering animals provided the parcel of land is
five (5) acres or more in size and the projectile does not carry
beyond the property line.
4. Written permission by the property owner shall be given to
any person prior to the discharge of a firearm or bow on their.
, property.
5. Recreational target shooting of a firearm is permitted provided the
parcef ofland is ten (10) acres or more in size. Recreational target
shooting of a bow is permitted provided the parcel of land is two and
one-half (2.5) acres or more in size. The projectile shall be direc ted
at a target with a backstop of sufficient strength and density to stop
and control the projectile.
2
Section 3, Exemptions.
The provisions of this ordinance shall not apply to the discharge of firearms, rifles
or handguns when done in the lawful defense of persons or property. No part of
this ordinance is intended to abridge the constitutional right to keep and bear arms.
Section 4. Validity.
, The validity of any section, clause or phrase of this ordinance shall not affect the
validity of any other part.
Section 5. Penalty.
Any person who violates any provision of this ordinance shall be guilty of a
misdemeanor and upon conviction thereof, shall be punished according to State
law.
Section 6. Effective Date.
This ordinance and attached map shall become effective January 1, 1999.
Adopted by the City CouncU of the City of Andover on this 6th day of October,
1998.
ATTEST CITY OF ANDOVER
iJ:t;;~~ I//b Q.f. hIe, ~~
Victoria V olk, City Clerk q. E. McKelvey, Mayor
~
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 2
Richard Pearson, 2862 South Coon Creek Drive, stated that he has experienced deer
being shot within 30 feet of his residence. He mentioned that it is a hazard for anyone to
be in his backyard during the hunting season. He explained that there have been tinles in
the past when he has specifically asked hunters not to hunt, however it didn't seem to
make a difference. Mr. Pearson stated that in the past year he has called the sheriffs
department twice. He mentioned that he has no problem with hunting or bow hunting,
however in the area near his residence it is not safe for many reasons one of those being
that there is a school nearby. He stated that he believes it makes sense to move the
hunting boundary up to 161 st Avenue.
Chair Squires stated that what is being proposed would not allow the discharge of any
hunting firearms below 161 st Avenue.
Steven , 14909 University A venue, stated that he currently hunts on his
grandma's land. He mentioned that there are areas in the City where hunting should not
be permitted, however the area where his grandma lives wouldn't harm anyone or
anything.
Commissioner Hedin questioned the location of where Mr. (Steven) was
talking about. City Planner John Hinzman pointed out the location, consisting of 80 acres
south ofthe Meadowlark Heights subdivision.
Rosella Sonsteby, 4151 141st Ave NW; mentioned concerns regarding the metro goose
hunting season. She also stated that she hopes the amendment won't affect her right to
own a firearm.
Larysa Arndt, 2381 155th Lane NW, stated that she believes that the biggest problem is
with many hunters not following the rules. She mentioned that recently she witnessed a
IS-year old individual hunting a woodchuck when there is currently no hunting season.
She mentioned that she doesn't believe it is right to tell people what they can and can't do
with their land, however with all the development that is taking place discharging
firearms doesn't seem very safe. Ms. Arndt stated that she had heard an individual from,
the Woodland Homes area was shot with pellets while on the roof of his home. She
stated that the petition consists of signatures from 2-3 neighborhoods in the area. She
mentioned that she supports no discharge of firearms south of 161 st Avenue.
Tony Howard, 2119 156th Avenue, questioned the distance from the property line that a
bow and arrow and/or shotgun can be shot. Mr. Johnson stated that the distance for
firearms is 500 feet, and 150 feet for bow and arrow.
Mr. Howard stated that it is possible for a hunter to be at the back ofthe property line and
still be within 150 feet from the house. He questioned ifit would be possible to extend
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 3
/
the minimum distance allowed in order to be sure the arrow and/or pellet remains on the
same property as where it was shot from.
Bill Burner, , stated they have hunted for a number of years and have never
had an accident, nor has anyone ever complained about our hunting techniques. He
mentioned that he was happy to see that the City is not totally eliminating goose hunting.
He stated that most of those opposed are complaining of hunters not abiding by the rules
and regulations, and therefore doesn't feel it is right to punish those that do abide by the
rules. He explained that anywhere where he has hunted in the past has been on land that
is at least 1000 feet from the closest property.
Mr. Burner mentioned that he lives north of 16151 A venue and during the regular hunting
season he makes a habit to send his children out to play in orange. He agreed that it is
important that hunters are following the law. He mentioned that he only hunts geese
during the early season, since there really are no geese to hunt during the late season. He
suggested extending the hunt into the regular season since the goose population is
continuing to grow substantially. He mentioned that he hopes it is possible to prohibit the
discharge of firearms south of 16151 Avenue.
I Don Bauers, 14570 Jonquil Street NW, suggested allowing hunters to also hunt geese
during the regular season. He mentioned that he believes the DNR would support the
idea 100 percent. He also mentioned that he hopes the pellets, etc. would not go beyond
the property line on parcels ofland that are 10 acres or more.
Dawn Holmberg, 2975 151 st Lane NW, stated that she has lived there for over five years
and has enjoyed every minute of it, however never imagined that there would be hunters
hunting right beyond her property line. She mentioned that there have been times where
she has witnessed hunters actually shooting an animal just beyond the property line. She
explained that she doesn't feel that allowing the discharge of firearms is safe with the
number of children and pets in their community.
Peggy Pinkowski, 15673 Kiowa Street, stated that she believes in the safety of the
residents, however mentioned that she hopes her son would be able to continue his new
sport of archery if the amendment is approved.
Mr. Johnson explained that archery would be permitted if the amendment to the
ordinance is approved.
Commissioner Apel mentioned that he believes that archery should be permitted for
students. He stated that thisis a hunting ordinance and that there should be language in
the ordinance to state that archery is permitted.
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 4
Mr. Johnson explained that archery is classified as a recreational activity and would be
allowed.
Lee Packer, 3074 161 sl A venue, explained that their property is at the comer of 161 sl
Avenue and Round Lake Blvd. He questioned what the commission's goal is in changing
the ordinance. He mentioned that there are hunters out there not following the rules and
regulations, so it would make more sense to solve the problem with enforcement than to
take away other hunters privileges. He mentioned that they have put up with all the
development surrounding their property, however he is not willing to put up with having
their hunting privileges taken away.
A member from the audience stated that she has spoke with a conservation officer
recently who informed her that there is only one officer to handle the whole area. She
stated that all one can do is hope that he will arrive in time to witness the individual
breaking the law.
Debra Packer, 307416151 Avenue, stated that they have lived in their house for 10 years,
which is on family owned land. She explained that they hunt safely and are requesting
the line be moved just to the south of 161 st A venue. She mentioned that there are no
/ homes in the area that would be opposed to the idea.
Mr. Burner questioned if it would be possible to come up with other solutions to the
problem. He suggested having all hunters register on a yearly basis stating what land
they plan to hunt, therefore if there are complaints they can be addressed more
effectively. He mentioned that there are other solutions to the problem than amending the
ordinance.
There was no other public input.
Motion by Falk, seconded by Daninger, to close the public hearing at 7:38 p.m. Motion
carried on a 7-ayes, O-nay, O-absent vote.
Commissioner Apel stated that he can understand some of the views residents have,
however it would be too difficult to draw a line and accommodate everyone. He stated
that he understands that the goose population is increasing and in turn would support
extending the goose season to accommodate those areas. He mentioned that he would
have to support what staff is recommending.
Commissioner Hedin mentioned that he is a hunter, however he would have to support
drawing the line at 161 st A venue. He stated that it is important for the City to look at the
safety and well being for the residents and children being affected. He mentioned iliat he
could support the map as it is presented before the commission.
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 5
Commissioner Falk stated that he agrees with Commissioner's Hedin and Ape!. He
mentioned that even though there are hunters out there who practice safe hunting it still
becomes a safety issue.
Mr. Packer questioned the commission regarding his safety on an issue discussed at a
previous meeting regarding a communication tower. He mentioned that his safety was a
concern then, however it didn't seem to affect the commission's decision.
Commissioner Kirchoff stated that he also supports the way the map is presented before
the commission. He explained that the City is moving outward and therefore it is
necessary to move the line up to 1615t Avenue. He mentioned that as a resident himself
he also wouldn't like anyone hunting next to his property. He also mentioned that there
will probably be a time when no hunting will be allowed within the City limits. He stated
that he has a problem with allowing goose hunting, however is willing to accept what is
being proposed.
Commissioner Dalien stated that he supports Commissioner Kirchoffs views. He stated
that he has hunted in the past, however hasn't the past few years since it is becoming
more and more of a hassle. He explained that since the City is expanding and moving
outward than so does the line need to move outward. He stated that for now it seems to
make sense to allow bow hunting and goose hunting in order to control the population.
He explained to Ms. Rosella that her concerns are still listed in the current ordinance.
Commissioner Daninger stated that he is sure that everyone that spoke practices safe
hunting, however there are unsafe hunters out there. He mentioned that he doesn't want
to have to worry about his children outside during the hunting season. He stated that he
supports the proposal of 161"1 Avenue acting as the line.
Chair Squires stated that using 161 5t A venue as the line for hunting makes sense since it
has been used in other circumstances. He explained that cities grow in the form of a
bullseye, which is being proved in Mr. Packer's situation since everything around him is
being developed. He stated that he supports the proposal staff is recommending.
Commissioner Apel suggested allowing goose hunting during the regular season in
addition to the early and late seasons.
Chair Squires questioned what the dates are for the early, regular and late seasons. A
member from the audience stated the dates of the beginning of each season.
Mr. Johnson mentioned that if early goose season is extended into the regular season it
would end up interfering with deer hunting.
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
} Page 6
Chair Squires questioned the dates of deer hunting.
Commissioner Daninger questioned if there wouldn't be a way to distinguish a goose
hunter from a deer hunter.
Chair Squires suggested extending goose hunting into the regular season up until the day
before deer hunting.
Commissioner Apel suggested if goose hunting would be extended into the regular
season up until deer hunting, then it would need to be stated in the ordinance.
A member from the audience explained that goose hunters don't carry slugs, therefore it
would be easy to distinguish the difference between a deer hunter and a goose hunter.
Commissioner Apel agreed with Chair Squires that it would be best if both weren't going
on at the same time to eliminate any confusion.
Commissioner Hedin questioned if there is a state law that deer hunters must wear orange
where as goose hunters are not required.
Chair Squires mentioned that based on what many residents stated not all hunters follow
the rules and regulations in wearing the appropriate color.
Mr. Johnson explained that the map is part of the ordinance. He mentioned that the
ordinance can be amended along with the map to state the goose hunting extension.
Commissioner Apel suggested that when the motion is made that it state to extend the
goose-hunting season to November 1.
Commissioner Hedin suggested the ordinance state that goose hunting is legal during
season.
Commissioner Apel stated that legalizing goose hunting during the entire season won't
solve the problem of guns being out there during deer hunting.
Commissioner Hedin made a motion, seconded by Commissioner Apel, to approve
Ordinance No. 240A, however further discussion followed.
Chair Squires stated he is opposed to extending goose hunting to be allowed during the
entire season. He explained that he feels it is necessary a line be drawn between goose
hunting and deer hunting, for example using November 1 as the cut off date.
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
" Page 7
,
Motion by Hedin, seconded by Apel, to forward to the City Council a recommendation to
approve Ordinance No. 240A, and to include a provision that hunting is allowed in any
legal goose season during the restricted zone, an ordinance amending Ordinance No. 240
- regulating the discharge offrrearms and bows within the City of Andover. Motion
carried on a 4-ayes, 3-nay, O-absent vote.
Chair Squires stated that this item would be considered at the August 15, 2000 City
Council meeting.
Commissioner Hedin mentioned that there is only one DNR officer, therefore it would be
easy for him to distinguish if a hunter is legal or not.
PUBLIC HEARING: LOT SPLIT (LS 00-09) -SPLIT THE EASTERN 2.5 ACRES
FROMA 5.0ACREPARCEL-16635 VERDINSTREETNW-BRIANBOURN.
Mr. Hinzman stated that the item will be on the agenda for the August 8, 2000 Planning
and Zoning Commission meeting, since further applications are needed to process the
1 requested lot split.
VARIANCE: (VAR 00-16) - VARY FROM ORDINANCE 8, SECTION 4.04-
FRONTAGE ON A PUBLIC ROAD & SECTION 6.02, LOT WIDTH AT FRONT
SETBACK - NE ~ OF THE NW % OF SECTION 12 - PETER WOJCIECHOWSKI.
City Planner John Hinzman presented the request for a variance to Ordinance 8, to allow
construction of a home on a landlocked 40-acre parcel owned by Peter and Marian
Wojciechowski. He mentioned that all applicable ordinances would be required to be met
ifthe application is approved.
Mr. Hinzman explained that the City Council reviewed potential changes to the Zoning
Ordinance to allow construction on parcels not meeting minimum frontage and lot width
requirements at the July 18, 2000 meeting. The City Council agreed with the Planning
and Zoning Commissions recommendation not to change the existing ordinance, but to
consider variances if a hardship can be proven.
Mr. Hinzman explained that the applicant acquired the property nearly 15 years ago. He
stated that a 33-foot wide, V. mile long private easement acquired in the mid 1980's
allows access to Ward Lake Drive. He mentioned that the applicant states the following
as a hardship: frontage ordinance landlocks property. Mr. Hinzman reviewed the
comments from staff as listed in the staff report.
Commissioner Kirchoff questioned what staff considered to be a hardship.
, . May-OZ-OO 09:0Zam From-PROP REC & TAX 6123235421 T-676 P,02/05 F-B72
/ April 17, 2000
To The City Conncil and Planning & Zoning,
Re: Discharge of Firearms/Hunting Petition
We would like to voice our concerns regarding the hunting ordinance and would
like the City Council to change the ordinance to no discharge of any firearms at any
time south of 161't. We have great concerns with the new developments coming in
to the north by Fields & Sons, Woodland Estates 2no Addition to the south and with
the new school coming in so close. 1t is to the point where some of us can not even
feel safe in our own backyard. A neighbor has already been hit with pellets while he
was on the roof of him home because hunters were too close. We are afraid to let
our children play outside, let our dogs out and to even walk in our own backyard.
There bave been a lot of problems with hunters coming too close to our homes,
walking on our properties and we have also been experiencing hunting out of season
in which the DNR and Police have been notified and are trying to monitor. The
most recent incident the police were called and the hunters told the police they had
consent from the fanner to hunt woodchuck with bow and arrow at 7:00pm at
night, these individuals were from Bloomington and at the time nothing was open to
hunt. We know thi~,is a DNR issue but we want you to realize that this is a year
round problem and although we realize bow and arrow hunting will probably
always be allowed for control the guns shonld be taken out immediately to cut down
on some of the safety issues and problems.
We understand an OWner should be able to do whatever they would like with their
property but not when it effects the safety of so many adults, children and pets.
There was not one person who abuts the farmlands that did not want to sign this
petition because we are all tired ofthe problems and gun shots. The City of
Andover bas become too urbanized with this rapid growth for hunting with guns on
these farm fields. And with all these residential areas and developments coming in
we can't believe that there can be any deer left. Just during a short 2-night petition
signing 8 families stated that they6 bave bad huntel5with guns on their property!
Who monitors this? Who can control it? Wbo is liable when someone is burt or
killed? Does the farmer or the City of Andover for allowing this ordinance with the
amount of density in our city?
Here are some of the most recent situations:
. A neighbor stated that during hunting season they looked out of their window to
see 14 hunters in their visible sight.
. Another neighbor stated tbey were giving a baby shower for 20 women in the fall
and saw 11 hunter walking around with guns hunting and you could barely talk
because the guns shots were so loud and distracting. How do you think our
children feel hearing all the gun shots? Do they have to feel frightened in there
own neighborhood?
MOY ~? .~~ ~q:~~ ~"I~"'?~"':'t:"A~"1 ,"v"\/""''- no..,
, . May-UZ-OO 08:0Zam From-PROP REC I TAX 6123235421 T-676 P,03/05 F-872
. Another neighbor stated tbat be and his daughter walked towards the back of
their lot and heard something, looked up and there was a hunter on their
property.
. Another family was able to watch a deer get shot right from the wiodow of their
home.
A lot of these families said they have called the city and that nothing bas been done
in the last year. We think it is time for the city to take a bard look at the rapid
growth and density and make some changes. The City of Andover has become too
urbanized for this. We appreciate your consideration in making our neighborhoods
safe before a serious accident happens.
What we as families with children want to see:
. Absolutely no discharge of firearms/guns at any time of the year.
. A quick decision to change the ordinance before the next huoting season
. A requirement that the farmers must give each bow & arrow hunter a copy of
the ordinance so they know the rules.
. A cbange in the bow & arrow ordinance to be SOO ft away from a property
instead of 150ft This will hopefully keep them away from our homes. Tbere are
so many fields to hunt in why do they bave to be in the back of our borne where
we can see them with their bow & arrow?
. We would like the City Council to ask staff for a recommendation since they are
the ones who receive a lot of the caUs and may not get to you.
Remember we do not bave much time before the next hunting season please act
quickly.
Thank you for your consideratioo in this matter.
~1'j<..,<t::'A"'1 Oi""'lr:C ~7
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 13, 2000
Page 8
Acting Chair Hedin stated that this item would be considered at the July 5, 2000 City
Council meeting.
REVIEW: MODIFICATIONS TO DEVELOPMENT DISTRICT NO.1 AND TAX
INCREMENT FINANCING DISTRICT NO.1-I.
Mr. Carlberg explained that the City is in the process of modifying the development
program for Development District No. I and Tax Increment Financing District No.1-I.
He stated that the modifications are being made to reflect increased expenditures, increase
maximum bonded indebtedness and general revisions to reflect current statutory
references and provisions. It was also mentioned that since the proposed modifications
do not involve a land use change and the current designated land uses will remain the
same within the district, the modifications are consistent or in compliance with the
Comprehensive Plan.
Commissioner Kirchoff questioned if it is a 10 year district. Mr. Carlberg stated that it is
a 25 year district.
Commissioner Falk questioned how often it is updated. Mr. Carlberg explained that it is
updated any time there are proposed changes or modifications within the district.
Conm1issioner Falk questioned if the money is for just that area. Mr. Carlberg stated that
the intent is to use those dollars for the developments in that area.
Commissioner Daninger questioned what steps will be taken if the commission approves
the changes. Mr. Carlberg stated it would go before the City Council as a public hearing
on June 20, 2000.
Motion by Apel, seconded by Falk, to approve of the modifications as presented by staff
to the Development Program for Development District No.1 and Tax Increment
Financing District No.1-I, as they are in compliance with the Andover Comprehensive
Plan. Motion carried ona 5-ayes, O-nay, 2-absent vote.
DISCUSSION: DISCUSS ORJ)INANCE NO. 240 - FIREARMS/HUNTING
ORJ)INANCE.
Zoning Administrator Jeff Johnson presented a map that outlined the areas within the
City limits where hunting is prohibited and restricted. The map also pointed out areas
where there is 2.5 acres or more and bow hunting is permitted. He mentioned that staff
has contacted the DNR regarding the possibility of the City allowing fiream1 discharge if
there becomes a problem with overpopulation. It was explained that the City may pi ace
language in the ordinance to have the City authorize special hunts during the hunting
. .
Regular Andover Planning and Zoning Commission Meeting
Minutes-June 13, 2000
Page 9
season iffelt necessary. No DNR approval is necessary for special hunts provided that
the time frame of the hunt falls within the hunting season.
Commissioner Apel questioned the amount of participation the City would receive with
the special hunts. He mentioned the possibility of the City considering participating in a
special City goose hunt that takes place in other areas around the Metropolitan area. He
explained that there is an on-going problem with an over-population of geese within the
City limits.
Mr. Johnson stated he will forward the suggestion onto staff for further consideration.
Acting Chair Hedin questioned why you would only allow hunting in restricted areas
with a special permit.
Commissioner Apel mentioned that the geese do need to be controlled within the City.
Acting Chair Hedin questioned whether or not it is possible to control the geese witilln
the nOlmal hunting season.
Commissioner Apel explained that the DNR has it in a number of areas where a person
can apply for a special permit to hunt in restricted areas.
Mr. Johnson stated that Acting Chair Hedin brought up a good point and mentioned that
he will forward to the Council that they consider a special hunt within the season.
Acting Chair Hedin stated that there is good hunting located within the City.
City Council Member Don Jacobson, 14628 University Ave, stated that he has received a
number of phone calls from people that have witnessed others hunting right next to their
property. He mentioned that the Council is requesting the Planning Commission to
review the ordinance and detemnne whether or not a change is appropriate at tlns tilne.
Commissioner Apel stated that even though he loves to hunt he is aware that there comes
a time when the City will need to linnt the areas.
Acting Chair Hedin stated that he is reluctant to make a recommendation without
receiving feedback from the residents. He suggested that a public hearing take place
since tllere were no residents present.
Commissioner Falk stated tllat the Plamling Commission is just being asked to give ideas
to the City Council.
. ..
.
Regular Andover Planning and Zoning Commission Meeting
Minutes - June 13, 2000
Page 10
Commissioner Apel stated that if the City Council is in agreement with the commission
that it would come back before the Planning Commission for further discussion.
Commissioner Daninger questioned what the bow hunting restrictions are with the
neighboring cities. Commissioner Apel stated that Blaine doesn't allow any type of
hunting to take place.
Commissioner Apel stated that the commission is only deciding that the issue needs to be
discussed further, and if the Council agrees then it will come back to the commission as a
public hearing.
Commissioner Daninger stated that the recommendation the commission makes to the
Council would be a starting point for further review.
Mr. Jolmson suggested forwarding to the City Council in order to receive feedback from
the Council. He also suggested scheduling a public hearing in order to receive input from
the public.
Commissioner Kirchoff suggested advertising the public hearing in the City newsletter.
Mr. Johnson stated that it would be possible to put something in the July newsletter.
Commissioner Daninger stated that another concern to consider is that some residents
may already have permits to hunt in the fall.
Mr. Jacobson suggested having the public hearing prior to going before the City Council.
Commissioner Palk questioned if the special hunting areas need to be designated on a
map for the public hearing. Mr, Jolmson stated that the special hunting areas do not need
to be designated on a map.
Commissioner Kirchoff commented that if a public hearing is scheduled then it is vital
the public is informed in order to have a successful turnout.
Motion by Palk, seconded by Apel, to schedule a public hearing at the July, 25, 2000
Planning Commission meeting to discuss Ordinance No. 240 with the public. Motion
carried on a 5-ayes, O-nay, 2-absent vote.
OTHER BUSINESS
Mr. Hinzman briefed the Plmming and Zoning Commission on the outcome of the issues
that were pending with the City Cowlcil. He also gave a brief overview of items that will
be up for discussion at the next Plmming Conunission meeting.
" CITY of ANDOVER
'..J
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923
NOTICE OF PUBLIC HEARING
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
The Planning and Zoning Commission of the City of Andover will hold a public
hearing at 7:00 p.m., or as soon thereafter can be heard, on Tuesday, July 25,2000
at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to
review an amendment to Ordinance No. 240 - Regulating the Discharge of
Firearms and Bows/Arrows in the City. Said amendment would restrict the
discharge of firearms south of 161 st Avenue NW. The discharge of firearms will
be permitted only on certain parcels ofland (10 acres or greater) south of 161st
Avenue NW for the purposes of hunting geese during the of Early and Late Metro
\ Goose Season as established by the Minnesota DNR. Some parcels south of 161st
\'.J Avenue NW that are 2 1/2 acres or greater in size will remain open for discharge
of bows/arrows.
All written and verbal comments will be received at that time. A copy of the
proposed application and a map showing areas which are restricted and prohibited
will be available for review prior to the meeting at City Hall. Please contact Jeff
Johnson, Zoning Administrator with any questions at(612) 767-5142.
Jeff Johnson, Zoning Administrator
Publication Dates: July 14,2000
July 21, 2000
"
,-_J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: August 15. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Planning,
ITEM NO. 3.
Variance to Ordinance No.8 John Hinzman,
Landlocked Parcel City Planner
NE ~ of NW ~ of Section 12
Peter & Marian Wojciechowski
Request
The Council is asked to approve the following variance to Ordinance 8 to allow
construction of a home on a landlocked 40 acre parcel owned by Peter and Marian
Wojciechowski located in the NE Y4 ofthe NW Y4 of Section 12:
1) Vary from the lot frontage requirement for a buildable lot provision of Ordinance
8, Section 4.04
2) Vary from the lot width at front setback provision ofOrdinan~e 8, Section 6.02
for the R-l, Single Family Rural Zoning District.
The property is zoned R-l, Single Family Rural.
PlanniDl~ Commission Review
The Planning and Zoning Commission reviewed the item at the July 25, 2000 meeting,
voting 4-3 in favor of the variance. The Commission discussed the proposal at length;
examining ways to avoid the variance. Commission discussion included:
. Acquisition of adjacent land to gain frontage. The applicant stated adjacent land is not
for sale.
. When the applicant became aware that the lot was not legally buildable. The applicant
stated about six months ago.
. Tax status and valuation of the parcel. The land has been valued as a landlocked
parcel and taxed at a reduced rate according to the Anoka County Assessors Office.
. Creation of the landlocked parcel in the 1980's. It appears oversight by the attorney
in charge of disposing the original estate created the problem.
. Future development of adjacent land may create access in the future.
. Platting of property to the southwest in the early 1990 's did not include a street stub
for future development.
. Prohibiting development of a 40 acre buildable parcel appears to be a severe
restriction.
. Examination of similar variances granted. The Commission discussed the 1997 flag
lot variance of a - 3 acre parcel along the Rum River for Neilson. The Wojciechowski
variance differs somewhat from the Neilson variance because a portion of the lot
abutted a public right-of-way.
. Ensuring adequate ingress and egress for emergency vehicle access. The driveway
must meet Ordinance No. 204 standards, including a Class V surface, and minimum
16' clear zone, with adequate drainage ditches.
. A portion of the present access easement may be subject to wetland regulations, Aerial
photographs appear to indicate a portion of the easement may not be usable. The
applicant has indicated that the easement could be reconfigured to avoid the wetland.
Please see the attached minutes and staff report for further information.
Determination of Practical Difficulties or Unnecessary Hardship
A determination of practical difficulties or unnecessary hardship, the criteria necessary
for granting a variance, were not stipulated during the Planning and Zoning Commission
Review. The Council should document the difficulty or hardship as part of the resolution
for approval.
Attachments
. Resolution for Approval
. Planning and Zoning Commission Minutes - July 25, 2000
. Planning and Zoning Commission Staff Report - July 25,2000
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION APPROVING THE VARIANCE REQUEST OF PETER AND MARIAN
WOJCIECHOWSKI TO VARY FROM THE LOT FRONTAGE AND FRONT YARD
SETBACK PROVISIONS OF ORDINANCE 8, ON PROPERTY LOCATED IN THE NE Y. OF
THE NW Y. OF SECTION 12 (PIN 12-32-24-21-0001).
WHEREAS, Peter and Marian Wojciechowski are owners of the property legally
described as follows:
The Northeast Quarter of the Northwest Quarter of Section 12, Township 32,
Range 24, Anoka County, Minnesota; and
WHEREAS, the above have petitioned for the following variances to Ordinance No.8:
1) Vary from the lot frontage requirement for a buildable lot provision of
Ordinance 8, Section 4.04
2) Vary from the lot width at front setback provision of Ordinance 8, Section 6.02
for the R-l, Single Family Rural Zoning District.
\ WHEREAS, the Planning and Zoning Commission has reviewed and recommends to the City
Council approval of the requested variances.
WHEREAS, the City Council finds **TO BE DETERMINED BY THE CITY COUNCIL**,
as practical difficulties and unnecessary hardships not created by the property owner and grounds
for a variance; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
proposed variance requests
Adopted by the City Council of the City of Andover on this 18th day of April, 2000.
CITY OF ANDOVER
ATTEST: J.E. McKelvey, Mayor
Victoria Volk, City Clerk
,
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 7
Motion by Hedin, sec ded by Apel, to forward to the City Council a recommendation to
approve Ordinance No. OA, and to include a provision that hunting is allowed in any
legal goose season during restricted zone, an ordinance amending Ordinance No. 240
- regulating the discharge of fir s and bows within the City of Andover. Motion
carried on a 4-ayes, 3-nay, O-absen ote.
Chair Squires stated that this item would considered at the August 15,2000 City
Council meeting.
Commissioner Hedin mentioned that there is only 0
easy for him to distinguish if a hunter is legal or not.
PUBLIC HEARING: LOT SPLIT (LS 00-09) - SPLIT I:
FROM A 5.0 ACRE PARCEL -16635 VERDIN STREET
Mr. Hinzman stated that the item will be on the agenda for the August 8, 000 Planning
and Zoning Commission meeting, since further applications are needed to ocess the
requested lot split.
-
VARIANCE: (VAR 00-16) - VARY FROM ORDINANCE 8, SECTION 4.04-
FRONTAGE ON A PUBLIC ROAD & SECTION 6.02, LOT WIDTH AT FRONT
SETBACK - NE ~ OF THE NW ~ OF SECTION 12 - PETER WOJCIECHOWSKI.
City Planner John Hinzman presented the request for a variance to Ordinance 8, to allow
construction of a home on a landlocked 40-acre parcel owned by Peter and Marian
Wojciechowski. He mentioned that all applicable ordinances would be required to be met
if the application is approved.
Mr. Hinzman explained that the City Council reviewed potential changes to the Zoning
Ordinance to allow construction on parcels not meeting minimum frontage and lot width
requirements at the July 18, 2000 meeting. The City Council agreed with the Planning
and Zoning Commissions recommendation not to change the existing ordinance, but to
consider variances if a hardship can be proven.
Mr. Hinzman explained that the applicant acquired the property nearly 15 years ago. He
stated that a 33-foot wide, Y4 mile long private easement acquired in the mid 1980's
allows access to Ward Lake Drive. He mentioned that the applicant states the following
as a hardship: frontage ordinance landlocks property. Mr. Hinzman reviewed the
comments from staff as listed in the staff report.
Commissioner Kirchoff questioned what staff considered to be a hardship.
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 8
Commissioner Daninger questioned the property owners of three specific lots. Mr.
Hinzman stated that the family owns the property in question.
Chair Squires questioned if they are vacant parcels land. Mr. Hinzman explained that two
of the parcels are vacant.
Peter Wojciechowski, the applicant, gave a brief history of the land and how it became
divided into separate lots. He mentioned that there is a piece of property adjacent to their
land that is currently not for sale.
Mr. Wojciechowski, explained that a 30-foot easement was put on the property in order to
make the land useable, however it was unknown at the time that we wouldn't be able to
use the property anyway. He explained that he is requesting a variance to build a single-
family dwelling on the site. He mentioned that the land on the south, north, and east of
the site is all wetlands, therefore extremely useless property. He stated that they have
found it to be a hardship on the property since it is not economic.
Mr. Wojciechowski stated that the driveway wouldn't go anywhere and would meet all
the requirements for emergency regulations. He mentioned that it would not be a threat
/ for the planning and zoning of the City, nor is it an issue to subdivide.
Commissioner Dalien questioned when Mr. Wojciechowski became aware that he would
not be able to build on the property. Mr. Wojciechowski explained that he realized about
6 months ago.
Commissioner Dalien questioned if the County Assessor has been taxing this lot as a
buildable lot. Mr. Wojciechowski stated that they have been paying approximately
$1200 in taxes.
Commissioner Dalien questioned if he intends to build the house himself or if someone
else will build. Mr. Wojciechowski stated that his daughter intends to build.
Commissioner Daninger questioned if the lot to the south is for sale. Mr. Wojciechowski
stated that it is not for sale.
Commissioner Daninger questioned if the lawyer from years ago didn't make the
mistake. Mr. Wojciechowski explained that at the time he was not aware of any
problems.
Regular Andover Planning and Zoning Commission Meeting
Minutes -July 25, 2000
Page 9
Commissioner Daninger asked Mr. Wojciechowski if he has spoken with the attorney in
charge of disposing the estate and whether or not the attorney has admitted to a mistake.
Mr. Wojciechowski stated that he has not spoken with the attorney.
Mr. Wojciechowski stated that a relative owns land to the north, and he is aware that it is
landlocked and isn't concerned since he only uses it for bow hunting.
Commissioner Hedin questioned if the land to the north were ever developed would they
then have access to Mr. Wojciechowski's property. Mr. Wojciechowski stated that he
doesn't believe it would ever be an issue since he has spoken with the landowner.
Commissioner Hedin questioned if the commission can give a variance on the driveway
width so it can be a narrow road but wide enough to meet the emergency standards.
Commissioner Hedin questioned if a long cul-de-sac would be sufficient. Mr.
Wojciechowski stated that a cul-de-sac would be fine.
Mr. Hinzman stated the city has not looked favorably upon long cul-de-sacs for limited
service in the past.
/ Chair Squires questioned if it would ever be possible for a developer to choose to divide
up the land into 15 separate lots. Mr. Wojciechowski stated that if that were to happen
then they would have to come before the Planning and Zoning Commission once again.
He mentioned that he is proposing the land to be used strictly for a single-family
residence.
Chair Squires questioned the possibilities of using 170th A venue and Marigold Street in
Holmberg Addition as an access point.
Mr. Hinzman gave an overview pertaining to providing a street stub for future
development in 1990. He stated that there was research done on whether or not to put a
road through, however it never went through since there would have been a loss of a lot
and undue to hardship.
Commissioner Hedin questioned if the land to the east would also be landlocked. Mr.
Hinzman stated that he is unsure, however believes the land is joined and not landlocked.
Mr. Wojciechowski explained that there is no possible way to get back to the property
through that area.
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 10
Commissioner Hedin stated that to keep the land rural would mean that one would not
develop the land. Mr. Wojciechowski stated that he is planning to keep the land open
ground, with few if any neighbors surrounding the area.
Commissioner Kirchoff stated that he hates to see compromising on an ordinance in any
situation.
Commissioner Apel stated that the Council has opened the door on variances in the past.
He mentioned that he feels the City should try to figure out a way to approve the request
since the landowner has been paying taxes on 40 acres.
Commissioner Kirchoff stated that since it is buildable land, he feels it would be difficult
to say they can't build on this lot.
Commissioner Falk questioned what will happen to all the landlocked parcels that exist
around the City if we are going to deny them building on the land. Mr. Hinzman gave
some explanations as to what can be done with the landlocked parcels of land that
currently exist around the City.
Commissioner Dalien stated that the door has been opened since there are has been past
variances granted due to hardship. He stated that he supports recommending the variance
only because of the size of the land.
Commissioner Falk stated that he would support the variance as long as the 3D-foot
easement is upgraded. He questioned how the easement is now. Mr. Wojciechowski
stated that that wouldn't be a problem.
Mr. Hinzman stated that there are provisions that would need to be abided by, however
they are listed.
Mr. Wojciechowski stated that the standard width is 20 feet for fire/emergency vehicles,
however he is recommending 30 feet.
Chair Squires mentioned that in a previous meeting there was a 33-foot easement granted
which looked like a flag, however variances can be granted. He stated that the attorney
made the mistake many years ago, and those issues should be dealt with prior to coming
before the City.
Commissioner Apel stated that he is not concerned about the mistake made with the
attorney, but instead concerned with the City setting a precedent when variances are
granted.
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 11
Mr. Wojciechowski stated that he agrees flag lots should not be approved. He gave
reason why he believes this parcel ofland is not a flag lot. He explained that a hardship
does playa role since the property can't be used.
Commissioner Dalien stated that when looking at the map it appears to be similar to a
past situation.
Commissioner Daninger stated that the attorney has created the hardship not the City. He
agreed with Chair Squires that the issue is with the attorney even though it took place
fifteen years ago.
Commissioner Kirchoff stated that he can't believe that there is 40 acres out there that
can't be developed.
Commissioner Apel mentioned that the attorney won't be able to solve the problem.
Commissioner Falk stated that it is possible to grant the variance.
Motion by Apel, seconded by Dalien, to forward to the City Council a recommendation
drawn up by staff to approve a variance to Ordinance 8 to allow construction of a home
/ on a landlocked 40 acre parcel owned by Peter and Marian Wojciechowski located in the
NE Yo of the NW Yo of Section 12, since it is in accordance with the ordinance. Motion
carried on a 4-ayes, 3-nays, O-absent vote.
Chair Squires stated that this item would be considered at the August 15,2000 City
Council meeting.
OTHER BUSINESS.
Mr. Hinzman briefed the Planning and Zoning Commission on t utcome of the issues
that were pending with the City Council. He also gave a b . overview of items that will
be up for discussion at the next Planning Commissio eeting.
Mr. Hinzman reminded the Planning and Zo g Commission of a workshop on August
8, 2000.
ADJOURNMENT.
Motion by Hedin, secZ: d by Daninger, to adjourn. Motion carried on 7-ayes, O-nays,
O-absent vote. 7 eting was adjourned at 8:55 p.m.
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: July 25, 2000
ITEM NO. 5 ORIGINATING DEPARTMENT
V AR 00-16 Planning
Variance to Ordinance 8
Landlocked Parcel John Hinzman,
NE 'l4 ofNW 'l4 of Section 12 City Planner
Peter & Marian Wojciechowski
Request
The Planning and Zoning Commission is asked to review the following variance to
Ordinance 8 to allow construction of a home on a landlocked 40 acre parcel owned by
Peter and Marian Wojciechowski located in the NE 'l4 of the NW 'l4 of Section 12:
1) Vary from the lot frontage requirement for a buildable lot provision of Ordinance
8, Section 4.04
2) Vary from the lot width at front setback provision of Ordinance 8, Section 6.02
for the R-1, Single Family Rural Zoning District.
Applicable Ordinances
Ordinance 8, Section 4.04 - Lot Provisions states a lot shall be deemed buildable
provided it has frontage on a public street right-of-way which has been accepted and is
currently maintained by the City.
Ordinance 8, Section 6.02 Lot Width at Front Setback requires a minimum 300' lot width
at the front setback (50').
Ordinance 8, Section 5.04, Zoning Ordinance - Variance Procedure states, "Where there
are practical difficulties or unnecessary hardships in any way of carrying out the strict
letter of the provisions of this Ordinance, an appeal may be made and a variance granted.
The hardships or difficulties must have to do with the characteristics of the land and not
the property owner."
V Briance 00-16 July 25, 2000 P & Z Report
NE y. ofNW Y. of Section 12 - Wojciechowski Page 2 00
Landlocked Parcels
The City Council reviewed potential changes to the Zoning Ordinance to allow
construction on parcels not meeting minimum frontage and lot width requirements at the
July 18,2000 meeting. The Council agreed with the Planning and Zoning Commissions
recommendation not to change the existing ordinance, but to consider variances if a
hardship can be proven.
Background
The applicants acquired the property over ten years ago. A 33' wide, 'l4 mile long private
easement acquired in 1-9~1l0ws access to Ward Lake Drive.
(V\ \ J. 'M.s
Hardship
The applicant states the following as a hardship:
Frontage ordinance landlocks property.
Staff Review
. The property was severed from a larger estate in the 1980's.
. The minimum frontage provision of the Zoning Ordinance was adopted as part of the
original ordinance in 1970.
. A wetland encroaches upon the existing access easement, potentially prohibiting
ingress and egress to the parceL
. The Building Official has reviewed the request and determined that the subject
property appears buildable.
. Minimum frontage variances have not been granted in the past. A similar request by
Donald Eveland was denied by the City Council earlier this year. The Council
directed Mr. Eveland to reconfigure his property boundaries to achieve minimum
frontage.
. In order to meet minimum ordinance requirements, the applicant would need to acquire
over 9 acres (300' x 1320') from the neighboring property owner abutting Ward Lake
Drive.
. Variances have been granted for minor deviations to the lot width at front setback
provision in the past. The most significant variance approved was 260' (40' of
frontage) on Marystone Blvd for a 3.34 acre parcel owned by James Neilson in 1997.
Variance 00-16 1uly 25. 2000 P & Z Report
NE y. ofNW Y. of Section 12 - Wojciechowski Page 3 on
Staff Conclusions
. Acquisition of over nine acres to meet minimum frontage requirements could be seen
as a practical difficulty. However, if granted, opportunity would exist for many
similar variances. Variances should be granted only if a unique hardship can be found
to avoid wide-spread use.
. The Zoning Ordinance states variance hardships must not be created by the property
owner. The landlocked status of the property appears to be created by the owner after
adoption of the Zoning Ordinance provision requiring frontage upon a public road.
. A resolution has not been included, staff will create the appropriate resolution upon
direction from the Planning and Zoning Commission.
Planning Commission Options
The Planning and Zoning Commission may recommend one of the following options:
1) Recommend approval of the proposed Variance.
2) Recommend denial of the Variance, citing those reasons for doing so.
I 3) Table the item pending additional information from staff or the applicant.
Attachments
. Area Location Map
. Aerial Photo
. Copy of Variance Application
II I
~ City of Variance "'-# NE1/4 of NW 1/4
Andover of Sec. 12 - Wojciechowski
~o 17591
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LEGEND
AI Subject Property ~-~ N Sources:
7'.JP' A Andover Planning
\ Site locatio;f Andover GIS
An<>l<a CQunty GIS
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: Ausrust 15. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO. 4-
Variance Side Yard Setback Jeff Johnson, Zoning Administrator
Side Yard Setback (Street) - Principal Structure
SW Wold Construction
1460 154th Lane NW
REQUEST
The City Council is asked to review the variance request of SW Wold Construction to allow for the
construction and placement of a single family home that will encroach 9.43 into the thirty-five (35) foot
side yard setback from the street on the property located at 1460 1 54th Lane NW, legally described as
Lot 12, Block 1, Chesterton Commons Second Addition.
The property is zoned R-4, Single Family Urban.
/
APPLICABLE ORDINANCES
Ordinance No.8. Section 6.02. Minimum Requirements
Ordinance No.8, Section 6.02 requires a thirty-five (35) foot side yard setback from the street in an R-4,
Single Family Urban Zoning District.
Ordinance No.8. Section 5.04. Variance Procedure and Process
Ordinance No.8, Section 5.04 establishes the variance procedure and process. Variances may be
granted where there are practical difficulties or unnecessary hardships in any way of carrying out the
strict letter of the provisions as stated in the Zoning Ordinance. The hardships or difficulties must have
to do with the characteristics of the land and not the property owner.
GENERAL BACKGROUND
The applicant is requesting a variance to construct a single family home that will encroach 9.43 feet into
the thirty-five (35) foot side yard setback from the street. The plans for the single family home were
submitted and reviewed by the Building Department and a permit for construction was issued on July
12, 2000. A footing inspection was recently completed by a building inspector and during the inspection
I I I
Page Two
Variance - SW Wold Construction
1460 154th Lane NW
/
it was found that the single family home did not meet the thirty-five (35) foot side yard setback from the
street requirement.
The permit was issued in error. During the plan review process the setback was overlooked. The
setback requirement of thirty-five feet (35) can be met if the third stall on the garage is not constructed.
It is to the understanding of Staffthat the developer required the builder (as stated in the purchase
agreement) to construct a three car garage. A three car garage appears to be the standard throughout the
development.
Staff will prepare a resolution based on the decision of the City Council to grant or deny the variance.
/
/
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Ordinance 8, Section 5.04 defines a hardship asfollows:~'Where.there are practical
. difficulties or unnecessaryhardships in anyway of carrying out the strict letter of the
\ provision:s of this Ordinance, an appeal may be filade and a variance granted. The ',.
hardships or difficulties must have to do with the characteristics of the land and not the
property owner. "
, ,
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I
,
VARIANCE REQUEST
PAGE 2
Section of Ordinance Current Zoning
CRITERIA FOR GRANTING A VARIANCE
In granting a variance, the City Council shall consider the advice and recommendation of
the Planning and Zoning Commission and:
1. If the request is in keeping with the spirit and intent of this Ordinance.
2. Ifit finds that strict enforcement of this Ordinance will cause undue hardship
because of circumstances unique to the individual property under consideration.
3. If it finds that denying the request does not deny reasonable use of the property.
4. Economic considerations shall not constitute an undue hardship if reasonable use
ofthe property exists under the terms of the Ordinance.
....-..- ............- - ... ..- . ....-... -
Name of Applicant S LJ ludld e~rl- J;" <-
Address / LI &0 / i IJ ik l-H f--(IJ
Home Phon~ 34,9 '-'7') 9' Business Phone)'" 3 323 ') )OL,f'ax ')&3 32-3 ))D?'
s;gnature(~ Dare fY/2 )00
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Property Owner (Fee Owner)
(If different from above) --------
,---
Address .---------
,....--
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~usiness Phone Fax
Date
,
VARIANCE REQUEST
PAGE 3
The following information shall be submitted prior to review by the City of Andover:
1. Signed application and scaled drawing showing the following:
a. Scale
b. North arrow
c. Dimensions of the property and structures
d. Front, side, and rear yard building setbacks
e. Adjacent streets
f. Location and use of existing structures within 100 feet
Application Fee:
Single Family
Other Requests
fJ lIt /0[) CfHLif IS r 1/;
Date Paid Receipt #
I
(
Variance Process
. A Public Hearing Notice will be sent out to all property owners and residents within
350' feet of the applicants proposed property.
. A sign stating "Proposed Land Use Change" is placed on the applicants property to
inform interested residents of the public hearing. (For Public Hearing information
please call the informational hotline at 767-5126).
. City staffwill conduct an on site inspection which includes taking pictures of the
property for the Planning and Zoning meeting.
. A staff report is prepared on the Friday before the Planning and Zoning Commission
meeting. This report can be obtained by calling City Hall (755-5100). It is
important that the applicant attend the Planning and Zoning meeting.
. Questions may be addressed to the applicant from the public or commission members.
. The Planning and Zoning Commission will vote to forward the item to the City
Council with a recommendation of approval or denial. The Commission may also
table the item in order to obtain further information.
,
. A hardship must be present in order for the Planning and Zoning Commission to
recommend approval.
. The variance item is placed on the City Council Agenda as either a non-discussion or
discussion item.
. A Resolution by the City Council is filed at Anoka County Recorders' Office.
revised 10/29/99 g:/datalstaff/mbarnettlvariance,doc
3120/00
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Ausrust 15. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Administration
S. Richard Fursman
ITEM NO.
School Discussion
REQUEST:
The City Council is requested to take action confirming the degree of City participation in the structural
development of infrastructure for Andover High School. There are important issues that remain
umesolved that City and District staff has been working on to resolve.
Extension of Andover Boulevard:
I
The issue is whether to build the road to the driveway entrance ofthe High School, or to the western
edge of the School's property line. Staff is recommending building the road the extra 500' or so
with utilities to the edge of the property line. The road will likely be extended sometime in the
future to accommodate housing developments. The extension of the road will help access potential
ball fields, and will allow Mr. Eveland and the School District to settle on an agreement that will
forward money to Mr. Eveland. If the road is stopped short, delays in construction of the school are
probable.
Ancillary details:
The staffs ofthe City and District continue to work on other outstanding issues concerning the ball
fields, road crossing, and wetland mitigation and intersection development. Further reports will be
forthcoming to the council as developments occur.
J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Ausrust 15. 2000
AGENDA SECTION ORIGINA TING DEPARTM~1
Staff, Committees, Commissions City Clerk ~,~
ITEM NO. 6.
On-Sale Intoxicating Liquor License!
Jade Catering, Inc.
Attached is an application for an on-sale intoxicating and Sunday liquor license requested by
Jade Catering, Inc. The license will be used at the Andover Convention Center.
On November 2,1999 the City Council approved a special use permit to allow a liquor license
at that location. In checking the state law, we discovered that a liquor license is only allowed
in conjunction with a hotel, restaurant, bowling center, club or congressionally chartered
veterans organization or an exclusive liquor store. However, in checking the definition of a
I restaurant, the banquet facility falls into that category in that it seats at least 100 people at a
time and food is served. The applicants have assured me that at least 50% of their gross
receipts will be attributable to the sale of food (required under City Ordinance 235, Section
3.3c). Council can require the production of documents to enforce this provision.
Upon Council approval of the license it will be forwarded to the State Liquor Control Board
for their approval.
I
Certification of an On Sale and/or Sunday Liquor License Page 1 of 2
~ Mmoesota D",ortment Of Public Sofety
./ \,. ALCOHOL AND GAMBLING ENFORCEMENT
f'l 444 Cedar Street - Suite 133
\. j S1. Paul, MN 55101-5133
....... ,/ (612)296-6439 TDD (612)282-6555
.....v-_~
ON OF AN ON SALE AND/OR SUNDAY LIQUOR LICENSE
Workers Compensation Insurance Company Policy #
LICENSEE'S SALES & USE TAX ID# '1"1 S \ 1 Z.S To apply for sales tax number, caJ1296-6181 or 1-
800-657-3777
. _ __ _ .__n_.. __......._._.._n___._..... _.....___..____..__.______,__.__...._._ ________._..___.._.____._.'.n.__.._u___...._._.__._...__._
ISSUING AUTHORITY
CITY OF:
COUNTY OF:
I LlcenseeName~mporan~:1 II I
I Parm b' Ind' 'd I) I', DOB ! Trade Name or DBA I
~ en lP. 'v, ua : ' !I -.: _ -.: _ ,_ _ I
! ~AJt. LATta. 'I-.)L-; :L10(.,:i i /z. 'j I DO Ii ~ A ~ '- L./\ \ ,_(2,>./'v l;, .l-N C , ,
iC\lANHL c, ~""";(2.)I!i :
: Business Address tty : Zip Code :
I ' ,
i I-:,<;qS n'\Aa.HN 'ST. ,$I.. -~. "..J l\tJ~ov~Y2.. I 5530'1 !
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t ~~e.. Ii
:On Sale License Number 'Fee :Sunday License Number Sunday Fee ,:Business Phone
, ,
!
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I If a partnenhip, state the ume and address of eath partner; If a corporation, state the name and. address of eath officer.
I 1
:Panner/Oflicer Name (First. middle aIld last) '!DOB !Intle ilAddress!
; I! II U ~3o I'tT"\" LoN ";V)
i "':)AN'I t L C. &-012.';:) ~~ ,i \ I J 1/ /"7 '1 i l F 0 ii ~'N (",\(>~;,.." M;I\J
i ,I ! il 55'\ '-l <6 '
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P';'ner'Oflicer Name (First. middle and last), DOB ,!Title Address
, "
I ,I ill '10 N, r.,<Lot>ILV'l.I:W I.N,
.)oEL w, Sc..HAvtJ1. O~ /Z'i 1,0 ,I V P. OrEiZA'\-rtJ/V? i,
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!Panner/Oflicer Name (First, middle and last):DOB IITille iiAddress.
ii I 'I '
i " i ., J ' -:: ~ : b% C-f<l.I?S ?I, i
, A ..... \\ I C'Z- I \.l'~ iV' I. ";>A\..\: ' '
; N:\li:' r/\, ..>t \'-UC.Ai O! il AND1L" rflN SSt03
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The Licensee must have one fthe following: (ATIACH CERTIFICATE OF L"'lSURANCE TO
THIS FOR-\{)
Certification of an On Sale and/or Sunday Liquor License Page 2 of2
~eck One:
A. Liquor Liability Insurance (Dram Shop) - $50,000 per person; $100,000 more than on person; $10,000
Property Destruction.
$50,000 and S100,000 for loss of means of support.
- B. A bond of a surety company with minimum coverage as specified above in A.
_ C. A certificate from the State Treasurer that the licensee has deposited with the State, Tl11St Funds having a
market value of
Sloo,ooo in cash or securities.
_ Yos 'f- No Durin.lbe past license year bas a summons been issued under the Liquor Civil Liability Law (Dram Shop)?
If yes. attacb a copy of the summons.
Check those nems that auolv rrcle one I
Transaction Type _ New Revoke/Cancel
Transfer Suspension ~:"d I Revoke I CaDce1i":
Transfer of owaerslllp from (Name and Addtcss) I
,
I certify that this license W1lS approved in an official meeting by the governing body of the city Of county. I
,
;
City ClerIc's SIgnature Date
I
IMPORTAr....r NOTICE
All retail Uquor UcellSHS must bave a current Federal Special <><Capatlonal Stamp. ThIs ,tamp Is Issued by lbe Bureau of Alcobol, Tobacco and
Flreanos. For information. eaU (61%) 190-3496 PS 9011-94
.. " , ~
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
APPLICATION FOR ON-SALE INTOXICATING LIQUOR LICENSE
. Whoever shall knowingly and willfully falsifY the answers to the following questionnaire shall be deemed
guilty of perjury and shall be punished accordingly.
In ans'wering the following questions, "Applicants" shall be governed as follows: For a Corporation, one
officer shall execute this application for all officers, directors, and stockholders. For a Partnership, one of the
"Applicants" shall execute this application for all members of the partnership.
EVERY OuESTION MUST BE ANSWERED
~A~\3. C.ArE,cz.:rNlr, l..vt.-..
,1. I, ~tJrt\.. C:. _ &o~:~E", as ouJNi/Z. / c:t=D for and on behalf of hereby
apply for an On-Sale Intoxicating Liquor License to be located at ~Attr:rrJ '$" . . City of Andover,
County of Anoka, State of Minnesota, in accordance with the provisions of Minnesota Statues, Chapter
340, commencing <j / J 6. ,20.QQ. and ending 12'/31 , 2000 .
,
2. Applicant's date of birth \l / \7 /"7 '-l
Birth dates of Partners .
", ,," '. or ,
',:'_, ;)<':" '" ~f1.icers of CorporatIon ),..,11 /2 / i-/b ' ,
";~',,~-. ~;/<- ;~~'~~,:i:::'::.'~::"": : <:.:- .::~';. -', >:_ -~,~~, .;:...~ -'''_ ' ~ " ;~"::" ~<-__- ,., _ -',' ,,;' +~: '. ,:. _.- - #~;;':._:", ":", ;'.>..- .,. -: -. :,':' . -< _ ,-.,:_, '_ -- ',-. " -~:~_- ~>', '
" .i,);,~!'tj;~;""~''1he:reSiaen:ce for eachoftheapplleantS named herem for"the' past five years is as f011oo/s:: ..
".:.-;,::{,:_..~:,>: "".S30<1l.7#> li;l;',JvJ', tOON UA(lI.-=><S ;,/Y'\tJ' '5S~,-\~:,,'
~ ~ .-- ''''; - . " .. . .
. ,':': :;4:;, Is tl:!eapplicant a citizen of the Umted States? Y E5 ' If llaturcliZed, State date and place of
':"~::";':" "'.'naturalization:' " " . " .
, J . #'" ,-,~,-.,. ,.
- .:-' ,~~ ': ; ....-. - . . . - .,.. .', - - , ' .'
':,lfa ~orpo~tion or partnership,'s.tatecitizenship ofall office,rs,orPl!I1Jiers;
'.;,:c,>":~~,_,::::~,,_:,,,-,__~,....,,-... ,,: '.' ~').::-' ,._..~':_:.' . _:.,._'.-. ~_'_.- "'_ -:..-
','
".~ ~:~.:~.~'~~~>. :,}J,- ~ ' .
';Miet~i,l~:-~;~:~ . -':-" - ' , ' ". '.. ' , ", ,'.o,,' ,
:-- )C~i";~?i~;:~.::: '; Jihat occupations have applicant and associates in 1his application followed in the past fi~e years?
,~~'\:S~,S"~~?";":<<':"" ~T\J~E"'r vMZ.:r:CNS.?c>~:s:r:;:ON~ 'X.N I='oo~ -+ 13c\lEt2.Alrl=
'~.'~;*:~~:F;",~:.~"- ~~'.~'::' ' '", . ' , . ., . '. '
":'-: . ....~~ ~.,
\,' n.::,::._ .
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7. If a partnership, state name and address of each member of partnership.
If a corporation:
Date Qfmcorporation: 1/1.5 100
State in which incorporated: t1,J (too,ooo Sfl-i, Co> .o\i)
Amount of authorized capitalization: :!l/6oo.
, Amount of paid capital: 11 ISoo. '
If a subsidiary of another corporation, so state: -
Name and address of all officers, directors, and stockholders, and the number of shares held by each:
,":':lAAI:til. &on:;);:42- 530 '~7fl, ~N AluJ C.OVAl /tAP:t..'::>S , "'N ~!l'fllg 1/'3 Ov..JIV;;.(t
~il- 5C+1J\uf/2. I/O N. Oitoc>~ II IFvJ 1../\1 I5ANT:I: n'lN 550'10 1/3 OuJN[(/..
ANNE: ~,,\..vt.i\ b'3b CRoSS 'Si, l:\.rvoKA n'\N 55'303 '/~ ovJNiCL
Ifmcorporated under the laws of another state, is corporation authorized to do business in this state?
Number of certificate of authority:
8. On what floor is the establishment located, or to be located? 1~-t
9 ' Describe the premises to be licensed: ~ I'L, coo Sq. Ft.
':~ -'.' ~--""_.l\-.'"; . '. . ". . -~. '- ""
, " ,~S,' ;JO;',}":: ,Is th~'estiblishment located nearanacademy:college, University, church, elementary, middle school or .
,::';:'!,;:f.€;~~~t~1~:~{.~~hi?ol? . YES..,,-,, ',:"':;;\"~""',~";"",""'- , ,,'- ',' ' ' , ,
,>':;'>>i.!'.,;:: ~St3teaPproximate distaris;e of the establislmlent froni such school or church:
',',' "," .,':""; ',. L" ~.' _ . ~ . ._ '.' ..' . __ ..,~ ._ _," _ . .
~ / '. ~,,~.~ .~: ;..,';',:~_:-:<<.--\; .j:" ',.- -' - - .~ ;:~ ~. -.'.. - ~.. ". ' -
'/;,11.;';" Give name and address of OMler of building establishInentis to be located in.
..{tJ;~S~;.If~'",L/'e'.- "AN~vE~':- ~N"~' ".'" ,'.'" ,', .,
,". ,<, . -
. :'-" .... ,b,".
~"..I"V~. ';,'-"".~ . .. , . ; . ..
-'~-,~~',-<:-,_:'..:'::.<~"'.' ,'- ,- : ~', '- ,- .,: ,-..
': .\:\,:i,; 'I':';;~~ p~c:r o~buil~any connectiOll, directly or mdirectly, with applicant? . .
':-.- ':/~~,:'_-:":1:<:":~~~;'(.-,:~'~_)>_> :<. i,"- , ", _'. ..~. "7-': '. ,'-.,." ..:__"_~~'-'" ..... ~ ',.";" " . - "', _ .'
< ii(,>'; Are the !ries on the ab~ve mentioned propertydelliiquent? NO
.... :'::-'~~::-L!:~::~':~':.'_' .... . " .. ..'
.,In acCordance with Ordinance No. 235 no license shall be granted for operation or renewal on any premises
""~n which taxes, assessment or other financii1I d8.ims of the City are delinquent and unpaid.'
'.- ...:....:~-~:.~..;:.;~-~.:~~,.,----~"'-.:::.,~ ~'..,--. ,'. ," ,',' . -' . ~'.' ".', '.. - " - :.
, " '" ~,-',13~:/::, . state' whether applicant or any of his associates in this application have ever had an application for ajiquor
',U:.-, ..',::' '.,lii:e#e rejected by any muniCipality or state authority. 'NO '
">'~f1F~,i~tH~SP/?~1~~edateandd~: ' , ", ' _ '"
': ::: ~ <,j4.~ ~ . r Has'the applicant or .any of his associates in this application during'the five years nnmediately preceding
'; ~ ,. " " this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of
such laws 'Or local ordinances? NO' ,
, '
if so,give date and details:
"
IS. State whether applicant or any of his associates in this application during the past five years were ever
convicted of any law violations or any crime in this state or any other state or under Federal Laws.
1fso, give date and details: (VO
16. State whether any person, other than applicants, has the right, title or interest in the furniture, fixtures or
equipment in the premises for which license is applied; and, if so, give name and details:
lib L.L~. ?","u'A~,;c, fQuxC'''''fNI 'IN Il>vnoIAI V
17. Is the applicant or any of his associates in this application a member of the City Council in the municipality
, where this license is to be issued? ,J 0
If applicant for license is the spouse of a member of the governing body or where other family relationship
exists, such member shall not vote on this application.
18. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the
State of Minnesota? NO
Give name and address of such establishment:
Furnish the name and address of at least three business references, including one bank reference:
.i'At1+Et2. -; F8E/2(\,L t.a.E-;:'LT 0tJZON' f,5oo 01..<;0,.1 y/\ft<\dUAL- I\vJv. ~"EAr:\:J~r.5
'..' ~A~SHC. oAtL6 VoLF C-lN13 101' OliN ILit:Q., \..\L, r..\.\l~. !-1M tAlLE.,,(f1.,,)
:_;' . .'::".';"':>;':::::.'UtJI"f~5:tTY 01" ....,01'-.... ~~~A ' ,C-MNC> Fo(UL.S NJ ~"dun,,,' ','
:",'~~'~~;')~~\\fY1~:t ": ',.,', , 'd.',"
"( :.:;,;:;.'/ 20:. :~i<What isthe seating 'capacity of this establiShment?'; ~
'.;:~-:>-<.'~;<~':~,.~ i.'.-'~~,~~:~:~~\.~::~::~' ::",:..' -: -"~ '. . -. .-,"'-
,: .:,:' ;' 21t<.- .During what hourswill food be available? ' ~ ' '
. . -~ <...._ _ .,", .:.-.>:y.\<<.,-....,-~- . - "_ ',', _ _ d
, ";..;:, :.,:~:.':"';~2.,',:'~;.., ~tatetl).e Il~e,ofthe person ~howilI'operate, restaUrant. ,tJ,A;
","--. '>'-";:~':/-;-~:_'.':-',:" -'.:- . -,:-. '. --. .'~ '; --" -,,:
;;, -, ': . ::23~~:J...~Ja~ th,e name of the person who will operate bar: '
'" .... -""-:-. ",', ~'.,F,t<:".;;:.~~ ""~'_~'- ~,--' . - . '. ',' ~ " ~ . '- _.' .
, , , "',24:' . "'State the' nillliber of people Testa~t will employ.'
. ~ - ~.. . ' .
. .~. ...., -:::- ". " .,
- '
'w.~ food servic~ be the prinCipal business of this establishment?
26:' ',:State trade name to be used. ~A~t: CMfasrvu- . I.JC.,
.. " .
. '-~ .. .
. :-"~'\~_).h.-'~, ,:'.. '. . "_ ~ _ , . _' -' <, ~ .... ',' "'. . '. ,-'.'
-2?- c.:'.. .,If this restaurant is in conjunCtion with any other b~iness (such as resort, etc.) describe such bu~iness.
.' . .
.' '". . .' ,- " ~'," -
. ){~:.;,:~_i'::;,i2~?:~~~:~~~w ~anY y= has thiS busfuess beeri in ~~erati6~ underthis owne~~?,.. . "
, ',.: '.'/:29.'_' Siatewhether applicant bas or \Vill be granted ail On-Sale Non-Intoxicating Malt Beverage {3.2)licensein
, /. -":'eonjunction\viththisliquoill6ense. ,..10" ' ' , ',',' .
, .. -- }(\,~,_ poes applicant intend to sell intoxicating liquor to other than the consumer? ";0
, How many months of the year will this establishment be open? 1'2..
.- ~, '..
. ....,- .
-
,
'.(
32. What is the nearest municipality in which licenses are issued to sell liquor at On-Sale?
A)J";)o-lE(l.
33. Applicant and his associates in this application will strictly comply with all the laws of the State of
Minnesota governing the'taxation and. sale of intoxicating liquor, rules and regulations, promulgated by the
Liquor Control Commissioner, 'and all laws of the country, and I hereby certify that! have read the
foregoing questions and thai the answers to said questions are true to my knowledge.
" ~~ r tn~
Signature
/.-}73 - 7"/ - 54&tj
Social Security Number
1l'iq,SI1Z.5
Minnesota Business ill Number
Subscnbed and sworn to before me this '3 <_cl day of A~~~l ,2000.
-, ''\-'' "
REPOR:r ON APPi.Ic.ANtPRM'~LICANiS BYSHERRlFF'S OFFICE " r
. . ~ - . .-.. .
_.e..__.....--",;~_. _',_.~ .~.._._...,_.-.- _~':..-.. :
: 'cThisi.s to certifYthirt 1Q'tlie b~St 'of my 'Jaiowledge. the appli~t,'or his assQciates named herein, have not been,
, , cOnvicted within the past fj.ve years of any yiolation oftQe laws of the State of Minnesota, or Municipal Ordinances
, ,'relatirtg'tO~the Sale afnon-intoxicating'liquors exCept as hereinafter stated. '.' ',:-
, . - - '-.~. >::' - "'
" ,
:,..
..
} . ~ . .
"
, CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Au!! 15. 2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Staff, Committees, Commissions Finance
7. Jim Dickinson
ITEM NO.
Schedule Budget Workshop
Request:
The City Council is requested to schedule a meeting date for a 2001 Budget Workshop to evaluate
department requests and assist in preparing a proposed tax levy. The deadline for the City to
adopt a proposed budget by resolution and certify the proposed tax levy to the County Auditor is
September 15,2000.
Some suggested dates are August nnd or August 29th.
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: AUQust 15. 2000
AGENDA SECTION ORIGINATING DEPArTMENT
Staff, Committees, Commissions Scott Erickso~
g: Engineering
ITEM NO.
Set Meeting Date/Field I nspection/00-18/
Future Extension of Andover Blvd. NW
The City Council is requested to schedule a meeting at 6:00 PM on Tuesday, September 5,
2000 for a field inspection for the future extension of Andover Boulevard NW, Project 00-18.
This field review would be held one hour before the regularly scheduled City Council meeting.
We would meet at the Andover City Hall at 6 PM and car pool to the site.
/
CITY OF ANDOVER
REQUEST FORCOUNCILACTION
DATE: AIl9'~ 15, 2nnn
AGENDA SECTION ORlGINA TING DEPARTMENT
Staff Committees, Commissions Administration
Richard Fursnan
IT8VI NO. q.
Select I ntervieuv DateS Council Candidates
The City Council has expressed the need to hold interviews with individuals interested in serving as an
interim council member. An advertisement for the interim appointment was sent to the paper with an
August 18, deadline for letters of interest. The Council may want to select an interview date at this time,
or hold off to see how many people express an interest in the position.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Ausrust t 5.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees, Commissions City Clerk
ITEM NO. 10 U, D)JJ
Approve Temporary Non-Intoxicating
Liquor Licensel Andover LionslNorth
Suburban Mutual Aid Assoc.
The City Council is requested to approve a one-day non-intoxicating liquor license requested
by the Andover Lions Club for Saturday, August 26, 2000. The event at which the license will
be used is a softball tournament sponsored by the North Suburban Mutual Aid Fire
Association.
A copy of the application is attached and their current certificate of insurance is on file in my
office.
Temporary
/ Non.lntoxicating Liquor License
Application
City of Andover, Minnesota
I hereby make application for a temporary non-intoxicating liquor license,
Applicant's
Name: John E. McKelvey
(First) (Middle) (Last)
Organization Requesting
License: Andover Lions Club
Type requested: On-Sale x Off-Sale
Location where non-intoxicating liquor will be
sold: Sunshine Park
Date(s) of sale of non-intoxicating
liquor: August 26, 2000
****************************************************************************************************************
The Andover Lions Club has no intention or agreement to
Name of Organization
transfer this license to another person. We agree to waive our constitutional rights against search
and seizure and will freely permit peach officers to inspect our premises and agree to the
forfeiture of the license if found to have violated the provisions of the ordinance providing for the
granting of the license.
I hereby solemnly swear that the foregoing statements are true and correct to the best of my
knowledge,
~
---------------------------------------------------------------------------
---------------------------------------------------------------------------
City Council Action: Approved Denied
Date of Action:
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Auqust15.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas, iJ{
If. Engineering
ITEM NO.
Discuss New Grant Program - Soccer
The City Council is requested to approve 4 separate resolutions and authorize staff to submit
4 separate applications to the Minnesota Amateur Sports Commission for grant funds that are
available to design, furnish, equipment, renovate or construct parks and recreation facilities
including soccer fields and school facilities to provide youth with regular enrichment activities
during non-school hours.
The Park and Recreation Commission reviewed the new grant program and discussed this
with the representatives of the North Metro Soccer Association and Invaders Soccer.
Based on the discussion, the Commission is recommending applying for 4 projects for
consideration, which are as follows:
~ New irrigation system at Hidden Creek North Park
~ Lighting for the existing soccer field on the north side ofthe water tower at City Hall
~ Soccer goals at miscellaneous parks which are outdated and need to be replaced and
also for fields which need goals
~ Development of new soccer only fields, at the new elementary school which is to be
located on Verdin Street NW.
Judy Mott of the North Metro Soccer Association is helping prepare the applications for
submittal.
The funding for these improvements would need to come from either park dedication funds or
from the park capital improvement budget.
If you have any questions, feel free to contact me at 767-5131.
/
I I
" . Projects must comply with Minnesota statutes 16B.335
I . Any public owned facilities leased to nonpublic groups must be documented
. Must comply with ADA
Where can I get the complete information?
I. On the MASC web site at http://www.masc.state.mn.us/programs/masccfl
2. Call (612) 785-5631. and we will fax or send a complete RFP.
###
M^SC NEWS RELEASE
ii' &klP"'@
.:::b. $:"' ~. ~.;.;.,.
~~!~~ For immediate release: July 7, 2000
i:r,y. ~ ,"l1f"NESOTA Contact: Barclay Kruse, Associate Director
,'4\% 'AMATEUR , Minnesota Amateur Sports Commission
" 'wt6fJ~TffS/ON (763) 785-5634
1700 105th Ave N.E. Fax: (763) 785-5699
Blaine, MN 55449
Minnesota Amateur Sports Commission Announces
New Grant Program
I Blaine, Minn -- The Minnesota Amateur Sports Commission (MASC) announces that
$2.5 million in grant funds are being made available for amateur sports facilities and
athletic fields. While the new program applies to all sports, a special emphasis will be
given to the development of new soccer fields.
The new grant program is intended to fund proposals to design, furnish, equip, reno-
vate, or construct parks and recreation facilities including soccer fields and school facil-
ities to provide youth, with preference for youth in grades four through eight, with regu-
lar enrichment activities during non- school hours.
The deadline for application is August 15, 2000. All applicants must be a governmental
unit, such as a county, city, or school district.
Qualifying enrichment programs include athletic and recreational activities, academic
enrichment, homework assistance, computer and technology use, and arts and cultural
activities. The facilities must be fully available for programming sponsored by nonprofit
groups and community groups serving youth, or school, county, or city programs during
, non-school times.
Grant applications will be evaluated by need, reasonableness of cost, ability of the
organization to administer the facility or program, fiscal capability to complete the pro-
ject, and collaboration with other community organizations to provide for multi-uses of
a facility. The grant program is a cooperation between the Minnesota Department of
Children, Families and Learning and the MASC.
For a copy of the RFP, please call the MASC at (763) 785-5631 or log onto the
MASC's web site at http://www.masc.state.mn.us/programs/masccfl.
###
Minnesota Amateur Sports Commission/CFt
Grant Program Summary
Announcinl!
The Minnesota Amateur Sports Commission (MASC) in conjunction with the Minnesota Department of Children. Family &
Learning (CFL) is offering a grant program to design, furnish, equip, renovate, replace or construct parks and recreation facili-
ties, school facilities and soccer fields.
Amount Available
$2,500,000 (two million five hundred thousand dollars) is available to be distributed between the eight congressional districts
by the MASC. Grants will range from $2.500. $5.000 to $100,000.
Who Can Apply
Government units such as school districts. cities and counties can apply. Nonprofit organizations such as soccer clubs are
encouraged to partner with local governments.
Elil!ible Exnenses
Funds may be used to design. furnish, equip, renovate, replace or construct parks and recreation facilities, school facilities and
soccer fields. Operating expenses are not eligible for funding.
Selection Criteria
1. Geographic equity to all eight Minnesota congressional districts
2. Cost: Projects that develop the most facility for the least cost will be favored.
3. Organizational Capacity:
. The capacity of the applicant to proceed promptly with the improvement of the facility if funded.
. The experience of the applicant in successfully developing and operating the program with the intent to operate the
facility.
. A plan to operate the program intended for the facility. A private, nonprofit organization that leases or manages the
facility must also demonstrate the ability and a plan to operate the program.
, 4. Fiscal Capacity:
I
. The availability and source of funds to pay the ongoing costs of the program(s).
. The avai]ability and source of other funds to pay for the cost of acquisition or rehabilitation of the structure beyond
what this grant will provide and the ability to cover all expenses incurred before the end of the construction project.
. The extent to which the requested funds are to be used in conjunction with committed direct or in-kind contributions
from other public and/or private sector sources. Extent of commitment will be considered: fully committed, commit-
ted contingent upon receipt of state funds. or uncommitted.
5. Collaboration - The extent to which the application involves the local community in planning and implementation.
Collaborative efforts. family resources center models, and "one-stop" models that include more than one program will
receive favorable consideration. Written evidence of meaningful collaboration are recommended. General letters of sup-
port will be viewed favorably but will not carry as much weight as evidence of actual collaboration.
6. Preference must be given to:
. Youth in grades four through eight
. Provide equal access and programming for all children
. Grants that expand the number of children participating in enrichment programs or improve the quality or range of pro-
gram offerings.
. Grants that offer year-round programming.
. To school attendance areas with high concentrations of children eligible for free or reduced school lunch.
Match Relluirement
Match requirement for soccer field development
Total project costs up to $20.000 - match requirement I: I (total up to $10,000)
Total project costs $20.00] -$75.000 - match requirement 1:3 (total up to $25.000)
Total project costs over $75.001 - match requirement 1:4 (total up to $100,000)
'\1atch requirement for other sport facility development - match requirement 1:1. Applicants will have until September 15,
,JOO to provide documentation of matching dollars.
DEADLINE: Applications must be postmarked by August 15, 2000.
What other government rules apply?
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
RESOLUTION OF APPLICATION FOR MASC/CFL GRANT
WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the
State Fund, provides for capital funds to assist political subdivisions of the State of
Minnesota for the development of sport facilities; and
WHEREAS, the City of Andover desires to construct and install lighting for a
soccer field located at City Hall Park Complex #1.
NOW, THEREFORE BE IT RESOLVED by the City Council of Andover as
follows:
1. It is estimated that the total cost of developing said facility shall be $60,000
and the City of Andover is requesting $20,000 from the MASC/CFL, the match
requirement of $40,000 would be from either Park Dedication Funds or the Park
Capital Improvement Budget.
2. The City of Andover agrees to own, assume 100 percent operation costs
for the lighting system and will operate and maintain said facility for its intended
purpose for the functional life.
3. The Andover City Council agrees to enter into necessary and required
agreements with the Minnesota Amateur Sports Commission for the specific purpose
of constructing a sport facility and long-term program direction.
4. That an application be made to the State of Minnesota, Minnesota Amateur
Sports Commission and Children Family and Learning.
5. That the Mayor and City Clerk of the City of Andover are authorized and
directed to execute said application, and Todd Haas, Parks Coordinator shall serve
as the official liaison with the Minnesota Amateur Sports Commission.
Adopted by the City Council of the City of Andover this 15th day of AuglJ!:;t,
2000.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
/
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
RESOLUTION OF APPLICATION FOR MASC/CFL GRANT
WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the
State Fund, provides for capital funds to assist political subdivisions of the State of
Minnesota for the development of sport facilities; and
WHEREAS, the City of Andover desires to construct an irrigation system at
Hidden Creek North Park for the sports of boys and girls soccer.
NOW, THEREFORE BE IT RESOLVED by the City Council of Andover as
follows:
1. It is estimated that the total cost of developing said facility shall be $30,000
and the City of Andover is requesting $10,000 from the MASC/CFL, the match
requirement of $20,000 would be from either Park Dedication Funds or the Park
Capital Improvement Budget.
2. The City of Andover agrees to own, assume 100 percent operation costs
for the irrigation system and will operate and maintain said facility for its intended
purpose for the functional life.
3. The Andover City Council agrees to enter into necessary and required
agreements with the Minnesota Amateur Sports Commission for the specific purpose
of constructing a sport facility and long-term program direction.
4. That an application be made to the State of Minnesota, Minnesota Amateur
Sports Commission and Children Family and Learning.
5. That the Mayor and City Clerk of the City of Andover are authorized and.
directed to execute said application, and Todd Haas, Parks Coordinator shall serve
as the official liaison with the Minnesota Amateur Sports Commission.
Adopted by the City Council of the City of Andover this 15th day of Allg\J!';t,
2DOO.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
RESOLUTION OF APPLICATION FOR MASC/CFL GRANT
WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the
State Fund, provides for capital funds to assist political subdivisions of the State of
Minnesota for the development of sport facilities; and
WHEREAS, the City of Andover desires to purchase soccer goals at various
fields for the sports of boys and girls soccer.
NOW, THEREFORE BE IT RESOLVED by the City Council of Andover as
follows:
1. It is estimated that the total cost of developing said facility shall be $20,000
and the City of Andover is requesting $10,000 from the MASC/CFL, the match
requirement of $10,000 would be from either Park Dedication Funds or the Park
Capital Improvement Budget.
2. The City of Andover agrees to own, assume 100 percent operation costs .
.' and maintenance of the soccer goals.
3. The Andover City Council agrees to enter into necessary and required
agreements with the Minnesota Amateur Sports Commission for the specific purpose
of constructing a sport facility and long-term program direction.
4. That an application be made to the State of Minnesota, Minnesota Amateur
Sports Commission and Children Family and Learning.
5. That the Mayor and City Clerk of the City of Andover are authorized and
directed to execute said application, and Todd Haas, Parks Coordinator shall serve
as the official liaison with the Minnesota Amateur Sports Commission.
Adopted by the City Council of the City of Andover this 15th day of August,
2000.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
RESOLUTION OF APPLICATION FOR MASC/CFL GRANT
WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the
State Fund, provides for capital funds to assist political subdivisions of the State of
Minnesota for the development of sport facilities; and
WHEREAS, the City of Andover desires to construct and develop a Multi-
Purpose Soccer/Athletic Fields for the sports of boys and girls soccer and other
athletic/social activities.
NOW, THEREFORE BE IT RESOLVED by the City Council of Andover as
follows:
1. It is estimated that the total cost of developing said facility shall be
$100,000 and the City of Andover is requesting $25,000 from the MASC/CFL, the
match requirement of $75,000 would be from either Park Dedication Funds or the
Park Capital Improvement Budget.
2. The City of Andover and the Anoka Hennepin School District will assume
100 percent operation costs for the irrigation system and will operate and maintain
said facility for its intended purpose for the functional life.
3. The Andover City Council agrees to enter into necessary and required <,
agreements with the Minnesota Amateur Sports Commission for the specific purpose
of constructing a sport facility and long-term program direction.
4. That an application be made to the State of Minnesota, Minnesota Amateur
Sports Commission and Children Family and Learning.
5. That the Mayor and City Clerk of the City of Andover are authorized and
directed to execute said application, and Todd Haas, Parks Coordinator shall serve
as the official liaison with the Minnesota Amateur Sports Commission.
Adopted by the City Council of the City of Andover this 15th day of AlIglI!'\t,
2000.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Ausrust 15.2000
AGENDA SECTION ORIGINATING DEPARpNT
Non-Discussion City Clerk ~. ~
ITEM NO. /~.
Appoint Election Judges!
Primary Election
The City Council is requested to appoint the election judges who will be serving at the State
Primary Election to be held Tuesday, September 12, 2000.
The resolution listing the judges will be provided at the Council meeting.
(5) CITYOFANDOVER
REQUEST FORCOUNCILACTION
/ DATE: AlIgll!':t 1!'l. ?OOO
AGENDA SECTION ORlGINA TING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson, ~
/3. Engineering
ITS\II NO.
Award Bid/00-16/Grey Oaks (Phase II)
The City Council is requested to approve the resolution accepting bids and awarding contract
to S R Wp.idp.m::l in the amount of $ 3904760? for Project 00-16, Grey Oaks
,
(Phase II).
The bids received are as follows:
~nntr::ldnr Rid Amnllnt
S. R. Weidema $ 390,476.02
C. W. Houle, Inc. $ 395,497.54
I Burschville Construction $ 424,989.11
Ryan Contracting Co. $ 425,099.20
Hydrocon $ 432,504.65 .
Volk Sewer & Water $ 432,737.31
Widmer, Inc. $ 434,061.60
Meadowvale Construction, Inc. $ 454,004.00
Engineer's Estimate $ 436,552.00
S R Wp.idp.m::l has successfully performed other projects for the City;
I
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 00-16 FOR GRFY OAKS (PHASF II).
WHEREAS, pursuant to advertisement for bids as set out in Council
Resolution No. 1?1-00 ,dated .lImFl ?O, 2000, bids were received, opened
and tabulated according to law with results as follows:
S. R. Weidema $ 390,476.02
C. W. Houle, Inc. $ 395,497.54
Burschville Construction $ 424,989.11
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby accept the bids as shown to indicate S R WFlirlFlm", as
being the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to
enter into a contract with S R WFlirlFlm", in the amount of $ 390,4760? for
construction of the improvements; and direct the City Clerk to return to all bidders the
deposits made with their bids, except that the deposit of the successful bidder and
the next lowest bidder shall be retained until the contract has been executed and
bond requirements met.
MOTION seconded by Council member and adopted by the
City Council at a rFlgIIIM meeting this .i5th day of AI/gl/!':t , 2.0.0.D-, with Council
members voting in
favor of the resolution, and Council members
voting against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
"'UU-.L.L-~t:Jt:Jt:J ~~.;:)~ 651 292 0083
P.01/01
TKDA TOL TZ. KING, DUVALL, ANDERSON
AND ASSOCIATES, INOORPORATED
/ ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER JAfFRAY PLAUo
~4 CEDAR STREET
SAINT PAUL, MINNESOTA 55' 0102' 00
PHONE, G511292...00 FAX: e5'1292~093
August 11,2000
Honorable Mayor and City Council
City of Andover, Minnesota
Re: Grey Oaks Phase n
Utility and Street Improvements
City Project 98-29
City of Andover, Minnesota
TKDA Conunission No. 11692-04
Dear Mayor and Council Members:
Bids for the referenced project were received and opened on August 11,2000. The low bidder
was S.R. Weidema. Inc., with a bid of $390,476.02.
It is recommended that a contract be awarded [0 the low bidder, S.R. Weidema, Inc., in the
amount of their low bid of $390,476.02.
A complete Tabulation of Bids will be forwarded under separate cover.
Sincerely yours,
~ g gJ;;J:J;-
James E. Studenski, P.E.
JES:j
An Equal Opporl"";fy Employe'
AUG 11 2000 11:55 TOTAL P.01
651 292 0083 PAr;F, Vl1
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Auqust 15. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott ~ricks.on,~ l
/'-1. Engineering
ITEM NO.
Award Quote/00-30/13636 & 13625 Gladiola Street NWIWM
We are in the process of requesting quotes for this project. An updated item with quotes
received will be provided at the meeting.
I
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: Auqust 15. 2000
AGENDA SECTION ORIGINATING DEPdJrMENT
Non-Discussion/Consent Item Scott Erickson,
/5". Engineering
ITEM NO.
Award Quote/00-22/Misc. Concrete Curb & Gutter
We are in the process of requesting quotes for this project. An updated item with quotes
received will be provided at the meeting.
I
CITYOFANDOVER
REQUESf FOR COUNCIL ACTION
DATE AlIgw:t 15, ?OOO
AGB\lDA SECTION ORlGINA TING DEPARTMB\lT
N on-Discussion/Consent Item Water / Sewer Maintenance Department
Brian Kraabel
IT8v1 NO. / h-
Approve HireJA.Jblic Works Maintenance Perron/Water and f!:e.Ner Department
Request:
The City Council is requested to approve the hiring of James Smith, to work in the Water/Sewer
Maintenance Department. This is a replacement position and the funding is included in the 2000 '
general budget. This is the second time advertising for this position and we feel we have a good
candidate for the job. If approved, Mr. Smith will start on a six-month probation period at a salary
rate of$13.5896 per hour. At the end of the six-month probation period, with a successful
evaluation, the rate will move to step one at $14.4958 per hour. These are salary rates from the
Union Contract for the year 2000.
Mr. James Smith is a resident of Andover and will accept the position on the salary rate listed above
based on Council approval. He will give his present employer a two-week notice and begin
employment here approximately August 30th. ,
The interview committee was Scott Erickson, Scott Protivinsky and Frank Stone. Any questions on
this item, please contact Frank Stone, Public Works Superintendent.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: AUlrust 15.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Item Planning
ITEM NO. /7~ Dan Taylor,
Lot Split 00-09 City Planner Intern
16635 Verdin St. NW
Brian E. Bourn
Request
The City Council is asked to review the lot split request of Brian E. Bourn to split the
eastern 2.5 acres of a 5 acre parcel at 16635 Verdin Street NW (PIN 10-32-24-33-
0002). A Special Use Permit is also being requested as a separate request to allow the
accessory structure (pole barn) to remain on the newly created lot prior to the
/ construction of a principle structure.
The property is zoned R-I, Single Family Rural.
Planning and Zoning Commission Action
The Planning and Zoning Commission voted 6-0 (1 absent) to recommend approval of
the request at the August 8, 2000 meeting. The Commission agreed to recommend
approval of the Lot Split subject to staff recommendations. Please consult the attached
staff report and minutes from the meeting for more information.
Attachments
. Resolution for Approval
. Planning and Zoning Commission Minutes - August 8, 2000
. Planning and Zoning Commission Staff Report - August 8, 2000
,
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. -00
A RESOLUTION GRANTING THE LOT SPLIT OF BRIAN E. BOURN TO SPLIT
THE EASTERN 2.5 ACRES OF A 5 ACRE PARCEL AT t 6635 VERDIN STREET
NW (PIN 10-32-24-33-0002).
WHEREAS, Brian E. Bourn has requested to split a 2.5 acre parcel from a 5 acre parcel,
pursuant to Ordinance No. 40, at 16635 Verdin Street NW (PIN 10-32-24-33-0002). Said
split is legally described as the east 2.5 acres from the following described parcel:
Unplatted City of Andover the North 330.0 feet of the west 660.0 feet as
measured along parallel with the North and West Lines of the Southwest Quarter
of the Southwest Quarter of Section 10, Township 32, Range 24, Anoka County,
Minnesota; subject to road easement over the most westerly 33.0 feet thereof.
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinances No. 40; and
, WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals and general welfare of the City of
Andover; and
WHEREAS, a public hearing was held pursuant to state statues; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the lot split as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the lot split on said property with the following conditions:
1. Confirmation of the buildability by the Building Department.
2. Approval of a Special Use Permit allowing the accessory structure to
remain on the newly created lot of record or removal of said accessory
structure. The remaining accessory structure must meet the
requirements of Ordinance 8, Section 4.05(L).
3. That the applicant pay a $1300 park dedication fee and a $350 trail
dedication fee as stipulated in Ordinance 40, Section 5B.
Page Two
L.S. 00-09, Bourn
16635 Verdin Street NW
Aug 15,2000
4. That a property survey be conducted and submitted to the City of
Andover.
5. That the lot split be subject to a sunset clause as defined in Ordinance
No. 40, Section III (E).
Adopted by the City Council of the City of Andover on this 15th day of August,
2000.
CITY OF ANDOVER
ATTEST: I.E. McKelvey, Mayor
,
Victoria V olk, City Clerk
I
PUBLIC HEARING: LOT SPLIT (LS 00-09) - SPLIT THE EASTERN 2.5 ACRES
FROMA 5.0ACREPARCEL-16635 VERDINSTREETNW-BRlANBOURN.
Planning Intern Dan Taylor presented the commission with a lot split request submitted
by Brian Bourn. He is requesting to split the eastern 2.5 acres of a 5-acre parcel on the
property located at 16635 Verdin Street NW. He mentioned that the applicant is also
requesting a Special Use Permit to allow an accessory structure (pole barn) to remain on
the newly created lot prior to the construction of a principal structure.
Mr. Taylor stated that all applicable ordinances must be met if the application is
approved. He mentioned that the existing pole building was constructed in 1974 and
measures to be 30' X 45'. The building is located 350' northeast of the home and
approximately 185' east of the new proposed property line. He stated that the structure
consists of sheet metal construction with a concrete floor.
Mr. Taylor mentioned that the proposed lot split does meet the minimum size and setback
requirements. He explained that the buildability of the lot needs to be confirmed by the
Building Department. He stated that the zoning ordinance prohibits accessory buildings
on separate lots of record, as well as sheet metal construction on property less than 3
acres.
Commissioner Daninger questioned if there is a past history with the City in approving a
variance of this kind. Mr. Taylor explained that the variance request is part of the Special
Use Permit.
Chair Squires questioned how the City is allowing the pole building to consist of sheet
metal when the ordinance prohibits sheet metal. Mr. Taylor stated that the Special Use
Permit would require the building be resided.
Commissioner Dalien stated that the key is that the building can not consist of sheet
metal.
Mr. Hinzman stated that the City had a case last year where there was a provision that
stated the applicant would have to match the materials.
Commissioner Kirchoff questioned if the pole building would then be resided. Chair
Squires stated that is correct.
Commissioner Dalien questioned if there is a size restriction on a lot of2.5 acres. Mr.
Hinzman explained that the building meets the requirements of the ordinance.
Commissioner Kirchoff questioned ifthe applicant is planning to build the new house on
the existing property.
Motion by Commissioner Daninger, seconded by Commissioner Falk, to open the public
hearing at 7:29 p.m. Motion carried on a 6-ayes, O-nays, O-absent vote.
,
There was no public input.
Motion by Commissioner Falk, seconded by Commissioner Kirchoff, to close the public
hearing at 7:30 p.m. Motion carried on a 6-ayes, a-nay, a-absent vote.
Commissioner Apel made a motion to recommend approval to the City Council and
Commissioner Falk seconded it, however further discussion followed.
Chair Squires suggested adding an additional condition to state that the residing of the
pole barn must match house.
Commissioner Apel suggested keeping the condition with the Special Use Permit request.
Chair Squires agreed and suggested incorporating the residing of the pole barn or
removal of the accessory structure be stated under the Special Use Permit.
Commissioner Falk questioned if the purpose is to assure that both structures match.
Chair Squires explained that it would clarify any possible confusion.
Motion by Commissioner Apel, seconded by Commissioner Falk, to forward to the City
Council a recommendation to approve the lot split request submitted by Brian E. Bourn,
I to split the eastern 2.5 acres of a 5 acre parcel at 16635 Verdin Street NW, subject to the
following conditions:
1. The approval of the accompanying Special Use Permit and/or removal of said
accessory structure.
Motion carried on a 6-ayes, a-nays, a-absent vote.
Chair Squires stated that this item would be considered at the September 5, 2000 City
Council meeting.
I
" CITY OF ANDOVER
I
REQUEST FOR PLANNING COMMISSION ACTION
DATE: August 08,2000
ITEM NO. 3 ORIGINATING DEPARTMENT
Public Hearing: L.S. 00-09 Planning
16635 Verdin St. NW
Brian E. Bourn Dan Taylor
City Planner Intern
Request
The Planning and Zoning Commission is asked to review the lot split request of Brian E.
Bourn to split the eastern 2.5 acres of a 5 acre parcel at 16635 Verdin Street NW (PIN 10-
32-24-33-0002). A Special Use Permit is also being requested as a separate request to
allow the accessory structure (pole barn) to remain on the newly created lot prior to the
construction of a principle structure.
I
The property is zoned R-l, Single Family Rural.
Applicable Ordinances
Ordinance 40 regulates the division of lots. A lot split is defined as any division of a lot,
parcel or tract of land into not more than two (2) parcels when both divided parcels meet
or exceed the minimum requirements for a platted lot in the applicable zoning district.
Ordinance 8, Section 6.02 establishes the provision for minimum lot width, lot depth and
lot area for zoning districts. The minimum requirements in the R-l district are as
follows:
. Lot Width at Front Setback - 300 feet
. Lot Depth - 150 feet
. Lot Area per Dwelling - 2.5 acres
Ordinance 40, Section 5B states if no park fees were assessed or land dedicated during
the original plat, the Council may assess a fee set by resolution ($1300.00) for each lot
created. A trail fee of ($350.00) may also be assessed.
Page Two
I L.S. 00-09, Bourn
16635 Verdin Street NW
Aug 08, 2000
Ordinance No.8, Section 4.05, Accessory Buildings and Structures, states, "No accessory
Building or use shall be constructed or developed on a lot prior to the time of
construction of the principle building except by Special Use Permit."
Ordinance 8, Section 4.05(L) - Accessory Buildings prohibits permahent sheet metal,
painted or unpainted accessory buildings exceeding 120 square feet on parcels less than 3
acres in residential districts. The foregoing shall not apply to painted and finished metal
siding normally used on residential structures.
Existing Pole Building
Constructed in 1974 the existing pole building measures 30'x 45'. The building is
located 350' northeast ofthe existing home and approximately 185' east of the new
proposed property line. The structure is sheet metal construction with a concrete floor.
Lot Split Review
. The proposed lot split meets the minimum size and setback requirements of Ord. 8.
I
. The buildability needs to be confirmed by the Building Dept.
. The zoning ordinance prohibits accessory buildings on separate lots of record, as well
as sheet metal construction on property less than 3 acres. A Speci~l Use Permit is also
being requested to allow the accessory structure (pole barn) to remain on the eastern
newly created lot prior to the construction of a principle structure.
Commission Options
The Planning and Zoning Commission may recommend one of the following options:
1. Recommend approval of the lot split subject to the approval of the accompanying
Special Use Permit request, or removal of said accessory structure.
2. Recommend denial of the lot split, citing specific reason for denial.
3. Table the application pending further information from staff.
I
Page Three
/ L.S. 00-09, Bourn
16635 Verdin Street NW
August 08, 2000
Staff Recommendation
Staff recommends approval of the lot split subject to the following conditions:
1. Confirmation of the buildability by the Building Department.
2. Approval of a Special Use Permit allowing the accessory structure to
remain on the newly created lot of record or removal of said accessory
structure. The remaining accessory structure must meet the
requirements of Ordinance 8, Section 4.05(L).
3. That the applicant pay a $1300 park dedication fee and a $350 trail
dedication fee as stipulated in Ordinance 40, Section 5B.
4. That a property survey be conducted and submitted to the City of
Andover.
5. That the lot split be subject to a sunset clause as defined in Ordinance
No. 40, Section III (E).
Attachments
. Location Map
. Site Map
. Site Pictures
. Application for Lot Split
. Notice of Public Hearing
I
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: August t 5.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Item Planning
ITEM NO. J ?J. Dan Taylor,
SUP 00-07 City Planner Intern
t 6635 Verdin St. NW
Brian E. Bourn
Request
The City Council is asked to review the Special Use Permit request by Brian Bourn to
allow for an accessory structure (pole bam) to remain on the newly created lot prior to the
construction of a principle structure on the property located at 16635 Verdin Street NW
(PIN 10-32-24-33-0002).
The request is submitted in conjunction with a lot split of the eastern 2.5 acres of said
property.
The property is zoned R-l, Single Family Rural.
Plannin~ and Zonin~ Commission Action
The Planning and Zoning Commission voted 6-0 (1 absent) to recommend approval of
the request at the August 8, 2000 meeting. The Commission agreed to recommend
approval of the Special Use Permit subject to staff recommendations. Please consult the
attached staff report and minutes from the meeting for more information.
Attachments:
. Resolution for Approval
. Planning and Zoning Commission Minutes ~ August 8, 2000
. Planning and Zoning Commission Staff Report ~ August 8, 2000
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. -00
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST BY BRIAN
BOURN TO ALLOW FOR AN ACCESSORY STRUCTURE (POLE BARN) TO
REMAIN ON THE NEWLY CREATED LOT PRIOR TO THE CONSTRUCTION OF
A PRINCIPLE STRUCTURE ON THE PROPERTY LOCATED AT 16635 VERDIN
STREETNW (PIN 10-32-24-33-0002).
WHEREAS, Brian E. Bourn has requested a Special Use Permit to allow for an accessory
structure (pole barn) to remain on the newly created lot prior to the construction of a
principle structure on the property located at 16635 Verdin Street NW (PIN 10-32-24-33-
0002). Said property is legally described as the east 2.5 acres from the following
described parcel:
Unplatted City of Andover the North 330.0 feet of the west 660.0 feet as
measured along parallel with the North and West Lines of the Southwest Quarter
of the Southwest Quarter of Section 10, Township 32, Range 24, Anoka County,
Minnesota; subject to road easement over the most westerly 33.0 feet thereof.
I
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinances No.8, Sections 4.05,
4.05(L), 4.05(C); and
WHEREAS, the Planning and Zoning Commission finds the request .would not have a
detrimental effect upon the health, safety, morals and general welfare of the City of
Andover; and
WHEREAS, a public hearing was held pursuant to state statues; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the Special Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the lot split on said property with the following conditions:
I
, Page Two
SUP 00-07, Bourn
16635 Verdin Street NW
August 15,2000
1. That a covenant be recorded with the newly split parcel requiring construction
of a new home, or removal of the accessory structure within one year from the
date of City Council approval.
2. A covenant recorded at the sale of the lot requiring the pole barn to be sided at
the same time and with the same materials as the new principle structure to
comply with Ordinance 8, Section 4.05(L).
3. The accessory structure shall not exceed the total square footage of land cover
of the foundation of the principle structure as required by Ordinance 8,
Section 4.05(C).
4. That the Special Use Permit be subject to a sunset clause as defined in
Ordinance No.8, Section 5.03 (D).
Adopted by the City Council of the City of Andover on this 15th day of August, 2000.
CITY OF ANDOVER
ATTEST: lE. McKelvey, Mayor
Victoria V olk, City Clerk
PUBLIC HEARING: LOT SPLIT (LS 00-09) - SPLIT THE EASTERN 2.5 ACRES
FROM A 5. 0 ACRE PARCEL -16635 VERDIN STREET NW -BRIAN BOURN.
Planning Intern Dan Taylor presented the commission with a lot split request submitted
by Brian Bourn. He is requesting to split the eastern 2.5 acres of a 5-acre parcel on the
property located at 16635 Verdin Street NW. He mentioned that the applicant is also
requesting a Special Use Permit to allow an accessory structure (pole barn) to remain on
the newly created lot prior to the construction of a principal structure.
Mr. Taylor stated that all applicable ordinances must be met if the application is
approved. He mentioned that the existing pole building was constructed in 1974 and
measures to be 30' X 45'. The building is located 350' northeast of the home and
approximately 185' east of the new proposed property line. He stated that the structure
consists of sheet metal construction with a concrete floor.
Mr. Taylor mentioned that the proposed lot split does meet the minimum size and setback
requirements. He explained that the buildability of the lot needs to be confirmed by the
Building Department. He stated that the zoning ordinance prohibits accessory buildings
on separate lots of record, as well as sheet metal construction on property less than 3
acres.
Commissioner Daninger questioned if there is a past history with the City in approving a
variance of this kind. Mr. Taylor explained that the variance request is part of the Special
Use Permit.
Chair Squires questioned how the City is allowing the pole building to consist of sheet
metal when the ordinance prohibits sheet metal. Mr. Taylor stated that the Special Use
Permit would require the building be resided.
Commissioner Dalien stated that the key is that the building can not consist of sheet
metal.
Mr. Hinzman stated that the City had a case last year where there was a provision that
stated the applicant would have to match the materials.
Commissioner Kirchoff questioned if the pole building would then be resided. Chair
Squires stated that is correct.
Commissioner Dalien questioned if there is a size restriction on a lot of2.5 acres. Mr.
Hinzman explained that the building meets the requirements of the ordinance.
Commissioner Kirchoff questioned if the applicant is planning to build the new house on
the existing property.
/ Motion by Commissioner Daninger, seconded by Commissioner Falk, to open the public
hearing at 7:29 p.m. Motion carried on a 6-ayes, O-nays, O-absent vote.
There was no public input.
Motion by Commissioner Falk, seconded by Commissioner Kirchoff, to close the public
hearing at 7:30 p.m. Motion carried on a 6-ayes, O-nay, O-absent vote.
Commissioner Apel made a motion to recommend approval to the City Council and
Commissioner Falk seconded it, however further discussion followed.
Chair Squires suggested adding an additional condition to state that the residing of the
pole barn must match house.
Commissioner Apel suggested keeping the condition with the Special Use Permit request.
Chair Squires agreed and suggested incorporating the residing of the pole barn or
removal of the accessory structure be stated under the Special Use Permit.
Commissioner F alk questioned if the purpose is to assure that both structures match.
Chair Squires explained that it would clarify any possible confusion.
Motion by Commissioner Apel, seconded by Commissioner Falk, to forward to the City
Council a recommendation to approve the lot split request submitted by Brian E. Bourn,
to split the eastern 2.5 acres of a 5 acre parcel at 16635 Verdin Street NW, subject to the
following conditions:
1. The approval of the accompanying Special Use Permit and/or removal of said
accessory structure.
Motion carried on a 6-ayes, O-nays, O-absent vote.
Chair Squires stated that this item would be considered at the September 5, 2000 City
Council meeting.
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: August 08. 2000
ITEM NO. 4 ORIGINATING DEPARTMENT
Public Hearin~: SUP 00-07 Planning
16635 Verdin St. NW
Brian E. Bourn Dan Taylor
City Planner Intern
Request
The Planning and Zoning Commission is asked to review the Special Use Permit request
by Brian Bourn to allow for an accessory structure (pole barn) to remain on the newly
created lot prior to the construction of a principle structure on the property located at
16635 Verdin Street NW (PIN 10-32-24-33-0002).
I
The request is submitted in conjunction with a lot split of the eastern 2.5 acres of said
property.
The property is zoned R-1, Single Family Rural.
Applicable Ordinances
Ordinance No.8, Section 4.05, Accessory Buildings and Structures, states, No accessory
Building or use shall be constructed or developed on a lot prior to the time of
construction of the principle building except by Special Use Permit.
Ordinance 8, Section 4.05(L) - Accessory Buildings prohibits permanent sheet metal,
painted or unpainted accessory buildings exceeding 120 square feet on parcels less than 3
acres in residential districts. The foregoing shall not apply to painted and finished metal
siding normally used on residential structures.
Ordinance No.8, Section 5.03, regulates the Special Use Permit process.
In granting a Special Use Permit, the following criteria shall be examined.
/
, Page Two
SUP 00-07, Bourn
t 6635 Verdin Street NW
1. The effect of the proposed use upon the health, safety, morals, and general welfare
of occupants of surrounding hands.
2. The existing and anticipated traffic conditions including parking facilities on
adjacent streets and land.
3. The effect on the values of property and scenic views in the surrounding area.
4. The effect of the proposed use on the Comprehensive Plan.
General Review
The existing pole building, constructed in 1974, measures 30' x 45'. The building is
located 350' northeast ofthe existing home and approximately 185' east of the new
proposed property line. The structure is sheet metal construction with a concrete floor.
The applicant would like to split the lot and allow for the pole barn to remain on the
eastern 2.5 acre lot prior to the construction of the principle structure.
Commission Options
, /
The Planning and Zoning Commission may recommend one of the following options:
1. Recommend approval of the Special Use Permit requested by Brian Bourn to allow
for an accessory structure (pole barn) to remain on the lot prior to the construction of
the principle building.
The commission finds that the request meets the criteria established in the Ordinance
No.8, Section 5.03, including: the use will not be detrimental to the health, safety,
morals or general welfare of the community; the use will not depreciate the
surrounding property and the use is in harmony with the Comprehensive Plan. The
commission also finds the use meets the provisions specified in Ordinance No.8,
Section 4.05, Accessory Buildings and structures.
2. Recommend denial ofthe Special Use Permit, citing specific reason for denial.
3. Table the application pending further information from staff.
Page Three
SUP 00-07, Bourn
16635 Verdin Street NW
August 08, 2000
Staff Recommendation
Ifthe commission chooses to recommend approval of the request, Staff recommends the
following conditions be added:
1. That a covenant be recorded with the newly split parcel requiring
construction of a new home, or removal ofthe accessory structure
within one year from the date of City Council approval.
2. A covenant recorded at the sale of the lot requiring the pole barn to be
sided at the same time and with the same materials as the new
principle structure to comply with Ordinance 8, Section 4.05(L).
3. The accessory structure shall not exceed the total square footage of
land cover of the foundation of the principle structure as required by
Ordinance 8, Section 4.05(C).
4. That the Special Use Permit be subject to a sunset clause as defined in
/ Ordinance No.8, Section 5.03 (D).
Attachments
. Application for Special Use Permit
. See lot split request for further background information.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"
DATE: AUI! 15.2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Non-Discussion/Consent Item Finance
J 9. Jim Dickinson
ITEM NO.
Approve Employee Health Insurance Policy and City Contribution
ReQuest:
The City Council is requested to approve the award of the employee health insurance policy to
MEDICA with a contract term of September 1, 2000 to August 31, 2001. The City will continue
to provide single rate coverage. The City will increase the City's family contribution by $55.00
per month (from $385 to $440) to coincide with the contract term.
Back2round:
At the August 1, 2000 council meeting the Council approved awarding the employee health
insurance to the League of Minnesota Cities Insurance Trust (LMCIT) with a contract term of
September 1, 2000 to December 31, 2001. On August 4, 2000 the City was notify by the LMCIT
that the contract as it was presented to the City of Andover would not be able to be fulfilled.
After renegotiating with other providers (HealthPartners and MEDICA) and LMCIT to see if an
affordable yet quality health plan could be achieved, the best option is to offer only one plan
through MEDICA on a renewal, and to only offer the MEDICA Elect plan.
The MEDICA Elect Health plan and the associated monthly rates for the contract term are as
listed:
Single Employee Family Employee
Rate Contribution Rate Contribution
MEDICA Elect 221.56 0.00 576.06 136.06
The fore mentioned rates and City contribution have the same financial impact to the City as the
LMCIT plans.
If there are any detailed questions related to the request or a desire to move to a discussion
item, please contact me (767-5110) prior to the meeting so that I can have that data available
for presentation at the meeting.
-
DATE .Jllly 1 R, ?OOO (~
ITFMS GIVFN TO THF CITY COllNCl1 ~~
. Planning and Zoning Minutes - July 25, 2000
. Ord. No. 229D
. Schedule of Bills
. Letter from Andover resident Cindy Larsen
" PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
Zoning Administrator !effJohnson explainedthatthePlanning and Zoning Commission
'has been asked to hold a publicheanng to amend Ordinance No. 240 -An Ordinance
'Regulating the Discharge of firearmS and Bows. He mentioned that. a letter dated April
17, 2000 prompted the City to take necessary action to review and draft an ameridmentto
this ordinance. He reviewed the changes that have been recommended based on past
discussions with staff and the Planning and Zoning Commission. .
. . .. .
~
'.
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 2
Richard Pearson, 2862 South Coon Creek Drive, stated that he has experienced deer
being shot within 30 feet of his residence. He mentioned that it is a hazard for anyone to
be in his backyard during the hunting season. He explained that there have been times in
the past when he has specifically asked hunters not to hunt, however it didn't seem to
make a difference. Mr. Pearson stated that in the past year he has called the sheriffs
department twice. He mentioned that he has no problem with hunting or bow hunting,
however in the area near his residence it is not safe for many reasons one of those being
that there is a school nearby. He stated that he believes it makes sense to move the
hunting boundary up to 161 st Avenue.
Chair Squires stated that what is being proposed would not allow the discharge of any
hunting firearms below 161 st Avenue.
Steven , 14909 University A venue, stated that he currently hunts on his
grandma's land. He mentioned that there are areas in the City where hunting should not
be permitted, however the area where his grandma lives wouldn't harm anyone or
anything.
Commissioner Hedin questioned the location of where Mr. (Steven) was
talking about. City Planner John Hinzman pointed out the location, consisting of 80 acres
south of the Meadowlark Heights subdivision.
Rosella Sonsteby, 4151 141 st Ave NW, mentioned concerns regarding the metro goose
hunting season. She also stated that she hopes the amendment won't affect her right to
own a firearm.
Larysa Arndt, 2381 ISSth Lane NW, stated that she believes that the biggest problem is
with many hunters not following the rules. She mentioned that recently she witnessed a
IS-year old individual hunting a woodchuck when there is currently no hunting season.
She mentioned that she doesn't believe it is right to tell people what they can and can't do
with their land, however with all the development that is taking place discharging
firearms doesn't seem very safe. Ms. Arndt stated that she had heard an individual from
the Woodland Homes area was shot with pellets while on the roof of his home. She
stated that the petition consists of signatures from 2-3 neighborhoods in the area. She
mentioned that she supports no discharge of firearms south of 161 st Avenue.
Tony Howard, 2119 1 56th A venue, questioned the distance from the property line that a
bow and arrow and/or shotgun can be shot. Mr. Johnson stated that the distance for
firearms is SOO feet, and ISO feet for bow and arrow.
Mr. Howard stated that it is possible for a hunter to be at the back of the property line and
still be within ISO feet from the house. He questioned if it would be possible to extend
.
.' Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 3
the minimum distance allowed in order to be sure the arrow and/or pellet remains on the
same property as where it was shot from.
Bill Burner, , stated they have hunted for a number of years and have never
had an accident, nor has anyone ever complained about our hunting techniques. He
mentioned that he was happy to see that the City is not totally eliminating goose hunting.
He stated that most of those opposed are complaining of hunters not abiding by the rules
and regulations, and therefore doesn't feel it is right to punish those that do abide by the
rules. He explained that anywhere where he has hunted in the past has been on land that
is at least 1000 feet from the closest property.
Mr. Burner mentioned that he lives north of 161 st Avenue and during the regular hunting
season he makes a habit to send his children out to play in orange. He agreed that it is
important that hunters are following the law. He mentioned that he only hunts geese
during the early season, since there really are no geese to hunt during the late season. He
suggested extending the hunt into the regular season since the goose population is
continuing to grow substantially. He mentioned that he hopes it is possible to prohibit the
discharge of firearms south of 161 st Avenue.
Don Bauers, 14570 Jonquil Street NW, suggested allowing hunters to also hunt geese
during the regular season. He mentioned that he believes the DNR would support the
idea 100 percent. He also mentioned that he hopes the pellets, etc. would not go beyond
the property line on parcels of land that are 10 acres or more.
Dawn Holmberg, 2975 15 1st Lane NW, stated that she has lived there for over five years
and has enjoyed every minute of it, however never imagined that there would be hunters
hunting right beyond her property line. She mentioned that there have been times where
she has witnessed hunters actually shooting an animal just beyond the property line. She
explained that she doesn't feel that allowing the discharge of firearms is safe with the
number of children and pets in their community.
Peggy Finkowski, 15673 Kiowa Street, stated that she believes in the safety of the
residents, however mentioned that she hopes her son would be able to continue his new
sport of archery ifthe amendment is approved.
Mr. Johnson explained that archery would be permitted if the amendment to the
ordinance is approved.
Commissioner Apel mentioned that he believes that archery should be permitted for
students. He stated that this is a hunting ordinance and that there should be language in
the ordinance to state that archery is permitted.
~
Regular Andover Planning and Zoning Commission Meeting ..
Minutes - July 25, 2000
Page 4
Mr. Johnson explained that archery is classified as a recreational activity and would be
allowed.
Lee Packer, 3074 161 Sl Avenue, explained that their property is at the corner of 161 sl
Avenue and Round Lake Blvd. He questioned what the commission's goal is in changing
the ordinance. He mentioned that there are hunters out there not following the rules and
regulations, so it would make more sense to solve the problem with enforcement than to
take away other hunters privileges. He mentioned that they have put up with all the
development surrounding their property, however he is not willing to put up with having
their hunting privileges taken away.
A member from the audience stated that she has spoke with a conservation officer
recently who informed her that there is only one officer to handle the whole area. She
stated that all one can do is hope that he will arrive in time to witness the individual
breaking the law.
Debra Packer, 3074 161st Avenue, stated that they have lived in their house for 10 years,
which is on family owned land. She explained that they hunt safely and are requesting
the line be moved just to the south of 161 st A venue. She mentioned that there are no
homes in the area that would be opposed to the idea.
Mr. Burner questioned if it would be possible to come up with other solutions to the
problem. He suggested having all hunters register on a yearly basis stating what land
they plan to hunt, therefore if there are complaints they can be addressed more
effectively. He mentioned that there are other solutions to the problem than amending the
ordinance.
There was no other public input.
Motioll by Falk, seconded by Daninger, to close the public hearing at 7:38 p.m. Motion
carried on a 7-ayes, O-nay, O-absent vote.
Commissioner Apel stated that he can understand some ofthe views residents have,
however it would be too difficult to draw a line and accommodate everyone. He stated
that he understands that the goose population is increasing and in turn would support
extending the goose season to accommodate those areas. He mentioned that he would
have to support what staff is recommending.
Commissioner Hedin mentioned that he is a hunter, however he would have to support
drawing the line at 161 st Avenue. He stated that it is important for the City to look at the
safety and well being for the residents and children being affected. He mentioned that he
could support the map as it is presented before the commission.
.
.'
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 5
Commissioner Falk stated that he agrees with Commissioner's Hedin and Apel. He
mentioned that even though there are hunters out there who practice safe hunting it still
becomes a safety issue.
Mr. Packer questioned the commission regarding his safety on an issue discussed at a
previous meeting regarding a comm~nication tower. He mentioned that his safety was a
concern then, however it didn't seem to affect the commission's decision.
Commissioner Kirchoff stated that he also supports the way the map is presented before
the commission. He explained that the City is moving outward and therefore it is
necessary to move the line up to 161'1 Avenue. He mentioned that as a resident himself
he also wouldn't like anyone hunting next to his property. He also mentioned that there
will probably be a time when no hunting will be allowed within the City limits. He stated
that he has a problem with allowing goose hunting, however is willing to accept what is
being proposed.
Commissioner Dalien stated that he supports Commissioner Kirchoffs views. He stated
that he has hunted in the past, however hasn't the past few years since it is becoming
more and more of a hassle. He explained that since the City is expanding and moving
outward than so does the line need to move outward. He stated that for now it seems to
make sense to allow bow hunting and goose hunting in order to control the population.
He eXplained to Ms. Rosella that her concerns are still listed in the current ordinance.
Commissioner Daninger stated that he is sure that everyone that spoke practices safe
hunting, however there are unsafe hunters out there. He mentioned that he doesn't want
to have to worry about his children outside during the hunting season. He stated that he
supports the proposal of 161 " A venue acting as the line.
Chair Squires stated that using 161 st Avenue as the line for hunting makes sense since it
has been used in other circumstances. He eXplained that cities grow in the form of a
bullseye, which is being proved in Mr. Packer's situation since everything around him is
being developed. He stated that he supports the proposal staff is recommending.
Commissioner Apel suggested allowing goose hunting during the regular season in
addition to the early and late seasons.
Chair Squires questioned what the dates are for the early, regular and late seasons. A
member from the audience stated the dates of the beginning of each season.
Mr. Johnson mentioned that if early goose season is extended into the regular season it
would end up interfering with deer hunting.
.
-
Regular Andover Planning and Zoning Commission Meeting ~
Minutes - July 25, 2000
Page 6
Chair Squires questioned the dates of deer hunting.
Commissioner Daninger questioned if there wouldn't be a way to distinguish a goose
hunter from a deer hunter.
Chair Squires suggested extending goose hunting into the regular season up until the day
before deer hunting.
Commissioner Apel suggested if goose hunting would be extended into the regular
season up until deer hunting, then it would need to be stated in the ordinance.
A member from the audience explained that goose hunters don't carry slugs, therefore it
would be easy to distinguish the difference between a deer hunter and a goose hunter.
Commissioner Apel agreed with Chair Squires that it would be best if both weren't going
on at the same time to eliminate any confusion.
Commissioner Hedin questioned if there is a state law that deer hunters must wear orange
where as goose hunters are not required.
Chair Squires mentioned that based on what many residents stated not all hunters follow
the rules and regulations in wearing the appropriate color.
Mr. Johnson explained that the map is part of the ordinance. He mentioned that the
ordinance can be amended along with the map to state the goose hunting extension.
Commissioner Apel suggested that when the motion is made that it state to extend the
goose-hunting season to November 1.
Commissioner Hedin suggested the ordinance state that goose hunting is legal during
season.
Commissioner Apel stated that legalizing goose hunting during the entire season won't
solve the problem of guns being out there during deer hunting.
Commissioner Hedin made a motion, seconded by Commissioner Apel, to approve
Ordinance No. 240A, however further discussion followed.
Chair Squires stated he is opposed to extending goose hunting to be allowed during the
entire season. He explained that he feels it is necessary a line be drawn between goose
hunting and deer hunting, for example using November 1 as the cut off date.
.
-'
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 7
Motion by Hedin, seconded by Apel, to forward to the City Council a recommendation to
approve Ordinance No. 240A, and to include a provision that hunting is allowed in any
legal goose season during the restricted zone, an ordinance amending Ordinance No. 240
- regulating the discharge of fIrearms and bows within the City of Andover. Motion
carried on a 4-ayes, 3-nay, O-absent vote.
Chair Squires stated that this item would be considered at the August 15,2000 City
Council meeting.
Commissioner Hedin mentioned that there is only one DNR officer, therefore it would be
easy for him to distinguish if a hunter is legal or not.
PUBLIC HEARING: LOT SPLIT (LS 00~09) - SPLIT THE EASTERN 2.5 ACRES
FROM A 5. 0 ACRE PARCEL -16635 VERDIN STREET NW-BRlAN BOURN.
Mr. Hinzman stated that the item will be on the agenda for the August 8, 2000 Planning
and Zoning COmmission meeting, since further applications are needed to process the
requested lot split.
VARIANCE: (VAR 00-16) - VARY FROM ORDINANCE 8, SECT/ON 4.04-
FRONTAGE ON A PUBLIC ROAD & SECTION 6.02, LOT WIDTH AT FRONT
SETBACK - NE ~ OF THE NW ~ OF SECT/ON 12 - PETER WOJCIECHOWSKI.
City Planner John Hinzman presented the request for a variance to Ordinance 8, to allow
construction of a home on a landlocked 40-acre parcel owned by Peter and Marian
Wojciechowski. He mentioned that all applicable ordinances would be required to be rnet
if the application is approved.
Mr. Hinzman explained that the City Council reviewed potential changes to the Zoning
Ordinance to allow construction on parcels not meeting minimum frontage and lot width
requirements at the July 18, 2000 meeting. The City Council agreed with the Planning
and Zoning Commissions recommendation not to change the existing ordinance, but to
consider variances if a hardship can be proven.
Mr. Hinzman eXplained that the applicant acquired the property nearly 15 years ago. He
stated that a 33-foot wide, Y. mile long private easement acquired in the mid 1980's
allows access to Ward Lake Drive. He mentioned that the applicant states the following
as a hardship: frontage ordinance landlocks property. Mr. Hinzman reviewed the
comments from staff as listed in the staff report.
Commissioner Kirchoff questioned what staff considered to be a hardship.
.
,
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25. 2000
Page 8
Commissioner Daninger questioned the property owners of three specific lots. Mr.
Hinzman stated that the family owns the property in question.
Chair Squires questioned if they are vacant parcels land. Mr. Hinzman explained that two
of the parcels are vacant.
Peter Wojciechowski, the applicant, gave a brief history of the land and how it became
divided into separate lots. He mentioned that there is a piece of property adjacent to their
land that is currently not for sale.
Mr. Wojciechowski, explained that a 30-foot easement was put on the property in order to
make the land useable, however it was unknown at the time that we wouldn't be able to
use the property anyway. He explained that he is requesting a variance to build a single-
family dwelling on the site. He mentioned that the land on the south, north, and east of
the site is all wetlands, therefore extremely useless property. He stated that they have
found it to be a hardship on the property since it is not economic.
Mr. Wojciechowski stated that the driveway wouldn't go anywhere and would meet all
the requirements for emergency regulations. He mentioned that it would not be a threat
for the planning and zoning of the City, nor is it an issue to subdivide.
Commissioner Dalien questioned when Mr. Wojciechowski became aware that he would
.not be able to build on the property. Mr. Wojciechowski explained that he realized about
6 months ago.
Commissioner Dalien questioned if the County Assessor has been taxing this lot as a
buildable lot. Mr. Wojciechowski stated that they have been paying approximately
$1200 in taxes.
Commissioner Dalien questioned if he intends to build the house himself or if someone
else will build. Mr. Wojciechowski stated that his daughter intends to build.
Commissioner Daninger questioned if the lot to the south is for sale. Mr. Wojciechowski
stated that it is not for sale.
Commissioner Daninger questioned if the lawyer from years ago didn't make the
mistake. Mr. Wojciechowski explained that at the time he was not aware of any
problems.
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 9
Commissioner Daninger asked Mr. Wojciechowski ifhe has spoken with the attorney in
charge of disposing the estate and whether or not the attorney has admitted to a mistake.
Mr. Wojciechowski stated that he has not spoken with the attorney.
Mr. Wojciechowski stated that a relative owns land to the north, and he is aware that it is
landlocked and isn't concerned since he only uses it for bow hunting.
Commissioner Hedin questioned if the land to the north were ever developed would they
then have access to Mr. Wojciechowski's property. Mr. Wojciechowski stated that he
doesn't believe it would ever be an issue since he has spoken with the landowner.
Commissioner Hedin questioned if the commission can give a variance on the driveway
width so it can be a narrow road but wide enough to meet the emergency standards.
Commissioner Hedin questioned if a long cul-de-sac would be sufficient. Mr.
Wojciechowski stated that a cul-de-sac would be fine.
Mr. Hinzman stated the city has not looked favorably upon long cul-de-sacs for limited
service in the past.
Chair Squires questioned if it would ever be possible for a developer to choose to divide
up the land into 15 separate lots. Mr. Wojciechowski stated that if that were to happen
then they would have to come before the Planning and Zoning Commission once again.
He mentioned that he is proposing the land to be used strictly for a single-family
residence.
Chair Squires questioned the possibilities of using 1 70th A venue and Marigold Street in
Holmberg Addition as an access point.
Mr. Hinzman gave an overview pertaining to providing a street stub for future
development in 1990. He stated that there was research done on whether or not to put a
road through, however it never went through since there would have been a loss of a lot
and undue to hardship.
Commissioner Hedin questioned if the land to the east would also be landlocked. Mr.
Hinzman stated that he is unsure, however believes the land is joined and not landlocked.
Mr. Wojciechowski eXplained that there is no possible way to get back to the property
through that area.
.
.
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 10
Commissioner Hedin stated that to keep the land rural would mean that one would not
develop the land. Mr. Wojciechowski stated that he is planning to keep the land open
ground, with few if any neighbors surrounding the area.
Commissioner Kirchoff stated that he hates to see compromising on an ordinance in any
situation.
Commissioner Apel stated that the Council has opened the door on variances in the past.
He mentioned that he feels the City should try to figure out a way to approve the request
since the landowner has been paying taxes on 40 acres.
Commissioner Kirchoff stated that since it is buildable land, he feels it would be difficult
to say they can't build on this lot.
Commissioner Falk questioned what will happen to all the landlocked parcels that exist
around the City if we are going to deny them building on the land. Mr. Hinzman gave
some explanations as to what can be done with the landlocked parcels ofland that
currently exist around the City.
commissioner Dalien stated that the door has been opened since there are has been past
variances granted due to hardship. He stated that he supports recommending the variance
only because of the size of the land.
Commissioner Falk stated that he would support the variance as long as the 30-foot
easement is upgraded. He questioned how the easement is now. Mr. Wojciechowski
stated that that wouldn't be a problem.
Mr. Hinzman stated that there are provisions that would need to be abided by, however
they are listed.
Mr. Wojciechowski stated that the standard widthis 20 feet for fire/emergency vehicles,
however he is recommending 30 feet.
Chair Squires mentioned that in a previous meeting there was a 33-foot easement granted
which looked like a flag, however variances can be granted. He stated that the attorney
made the mistake many years ago, and those issues should be dealt with prior to coming
before the City.
Commissioner Apel stated that he is not concerned about the mistake made with the
attorney, but instead concerned with the City setting a precedent when variances are
granted.
.
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 11
Mr. Wojciechowski stated that he agrees flag lots should not be approved. He gave
reason why he believes this parcel of land is not a flag lot. He explained that a hardship
does playa role since the property can't be used.
Commissioner Dalien stated that when looking at the map it appears to be similar to a
past situation.
Commissioner Daninger stated that the attorney has created the hardship not the City. He
agreed with Chair Squires that the issue is with the attorney even though it took place
fifteen years ago.
Commissioner Kirchoff stated that he can't believe that there is 40 acres out there that
can't be developed.
Commissioner Apel mentioned that the attorney won't be able to solve the problem.
Commissioner Falk stated that it is possible to grant the variance.
Motion by Apel, seconded by Dalien, to forward to the City Council a recommendation
drawn up by staff to approve a variance to Ordinance 8 to allow construction of a horne
on a landlocked 40 acre parcel o\\>ned by Peter and Marian Wojciechowski located in the
NE 14 of the NW Y4 of Section 12, since it is in accordance with the ordinance. Motion
carried on a 4-ayes, 3-nays, O-absent vote.
Chair Squires stated that this item would be considered at the August 15,2000 City
Council meeting.
OTHER BUSINESS.
Mr. Hinzman briefed the Planning and Zoning Commission on the outcome ofthe issues
that were pending with the City Council. He also gave a brief overview of items that will
be up for discussion at the next Planning Commission meeting.
Mr. Hinzman reminded the Planning and Zoning Commission of a workshop on August
8, 2000.
ADJOURNMENT.
Motion by Hedin, seconded by Daninger, to adjourn. Motion carried on 7-ayes, O-nays,
O-absent vote. The meeting was adjourned at 8:55 p.m.
.
,
Regular Andover Planning and Zoning Commission Meeting
Minutes - July 25, 2000
Page 12
Respectfully submitted,
Sara Beck, Recording Secretary
TimeSaver Off Site Secretarial, Inc
-
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 229D
AN ORDINANCE AMENDING ORDINANCE NO. 2229 - ESTABLISHING A PARK
AND RECREATION COMMISSION AND REGULATING CONDUCT IN PUBLIC
PARKS; PROVIDING FOR ENFORCEMENT; AND PRESCRIBING PENAL TIES
FOR VIOLATIONS.
The City Council of the City of Andover hereby ordains as follows:
Section 2. City Park and Recreation Area Re!!Ulations.
O. Skateboarding/Rollerblading.
Skateboarding and Rollerblading shall be permitted onlv on asphalt paved trails in
Sunshine Park.
Adopted by the City Council of the City of Andover on this 1st day of August, 2000.
ATTTEST: CITY OF ANDOVER
tit
/ ---1- tL.&?
.4V14~ _ U:.-r
Victoria Volk, City Clerk
1
.
..
.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
Date AUl:!;ust 15, 2000
AGENDA
SECTION ORIGINATING DEPAR
Approval of Claims Finance "\\
Jim Dickinson
ITEM NO. Schedule of Bills
REQUEST:
-
The Andover City Council is requested to approve total claims in the amount of $769,527.64 .
BACKGROUND:
Claims totaling $109,473.71 on disbursement edit list #1 dated 08-08-2000 have been issued and released.
Claims totaling $660,053.93 on disbursement edit list #2 dated 08-15-2000 will be issued and released upon
Council approval.
Date: 08-15-2000 Approved By:
.
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August 8, 2000
City Hall RECEIVED
Attn: Mayor & City Council Jl.UG 1 0 2000
1685 Crosstown Blvd. N.W.
Andover, MN 55304
CITY OF ANDOVER
Dear Mayor & City Council:
Thank you for sending me your News Letter. I appreciate all the highlights, updates and
upcoming developments. I think it's important to show others how hard we're working as a
community. This is how we foster growth, by showing an interest and getting involved.
As a community member I would be very interested in helping facilitate and participate in-group
discussions. I could help playa vital role in implementing these programs so that we can make
our children's future a better place. I've had experience in customer service and working with
many non-profit organizations. I helped develop, participate and coordinate many
Environmental Educational Programs such as:
. I helped implement a partnership with Target, America Recycles Day and Full Circle
Institute. The purpose of this program was teaching children the importance of recycling,
reducing, and reusing. We selected 10 schools in the metropolitan area and invited (mostly
5th graders) on a field trip to their local Target Store. We then asked them to go back to
school and write a paper about if! were an Earth Star Manager at Target what would I
change? We gave prizes for 1 st, 2nd and 3rd place and a 1,000 grant to one school. We then
invited the children and family back to Target to Celebrate America Recycles Day on
November 15th along with free entertainment and refreshments. The Superintendent,
Principals, teachers and Mayors helped present the awards.
. I've been a strong organizer for America Recycles Day and have helped with coordinating
many of the events.
. I have also been a member of many new developments for instance I've been on a task force
with the Office of Environmental Assistance, Pollution Control Agency and with Minnesota
Department of Natural Resources.
I worked for AmeriServe for ten years as a Receptionist, Customer Service Representative to
Customer Servic<: Supervisor. I then went to work for Target Corporation for three years as
Senior Account Representative, Claims Adjuster, to Environmental Program Coordinator. I'm
currently working for Liberty Mutual as a Sales Representative and have been in this position for
about three weeks.
I believe that learning comes from being involved, helping and learning the needs of others. I
believe that I can help be a role model for all members by encouraging community partnerships
and actively participating in developing youth programs.
Sincerely,
7' .
{i~ ~
Cindy L sen
(H) 763-427-4069
(W) 763-323-0433
CITY OF ANDOVER
REQUEST FORCOUNCILACTION
DATE: AllgIR 15, ,nnn
AGENDA SECTION
A DO-ON ORlGINA TING DEPARTMENT
Discussion Administration
Richard Fursnan
ITS\II NO.
A nolcl County ShP-riff Monthly Rp.port
B;\CKG~OTTND.
A representative from the Anoka County Sheriffs Department will be present to provide the Council
and the citizens of Andover an update on happenings around the City.