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Home My WebLink AboutCC February 16, 1999 '-~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - Tuesday, February 16, 1999 Call to Order - Following EDA Meeting held at 7:00 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes agenda Bookmark Name minutes Discussion Items 1. Cedar Creek Corridor Study Presentation! Anoka County Parks Department corridor 2. Comprehensive Plan Amendment/RR to RU & RM/Fox Hollow/Gor-em, LLC. rr 3. Rezoning/R-I to R-4 & M-I/Fox Hollow/Gor-em, LLC. rezone 4. Special Use Permit/PUD/Fox Hollow/Gor-em, LLC. suppud 5. Preliminary Plat/Fox Hollow/Gar-em, LLC. ppfoxhol 6. Accept Petition!Order Feasibility Report/98-27/Fox Hollow pet9827 7. Order Plans & Specs/98-Il/Jay Street Landscaping ord9811 8. Order Plans & Specs/98-22/Wellhouse #7 ord9822 9. Development Policy Guideline policy (]O. Discuss Geotechnical Report/Woodland Developement/Timber River Estates/L-2, B-512b5 Non-Discussion Items 11. Approve 1999 Animal Control Contract 12. Approve Probationary Period/M. Hartner/Sec.-Receptionist 13. Reduce Letter of Credit/Developer Improvements/Timber River Estates 14. Reduce Letter ofCredit/Developer Improvements/Woodland Estates 15. Accept Feasibility Report/Order Plans & Specs/98-36/Chesterton Commons North 16. Approve Plans & Specs/99-3/Crack Sealing 17. Approve Plans & Specs/99-4/Seal Coating 18. Update of Maintenance of School Fields by Public Works 19. Authorize Drilling of Test Well/Well #8/99-8/Grey Oaks 20. Approve No Parking Resolution!98-17/Bunker Lake Blvd. 21. Order Revised Feasibility Report/98-34/Chesterton Commons 3rd Addition! Include Cost for Liftstation 22. Update on Radium Testing/98-15 23. Approve Funding Split/Financing Proposal/98-17/Bunker Lake Boulevard Trail 24. Approve Final Payment/97-46/Wellhouse #6 25. Authorize Application for S.U.P.lSliding Hill/City Parcel South ofWDE Site/99-7 26. Order Feasibility Report/98-19/14223 Quay Street NW 27. Approve Feasibility Report/Order Public Hearing/98-l9/14223 Quay Street NW :8. Approve Ordinance No. 250, Transient Merchant -.J animal hartner loctimbe locwoodl acpt9836 appr993 appr994 fields auth998 nopark ord9834 updt9815 fundsplt appr9746 auth997 ord9819 appr9819 ord250 Page Two ~~egular City Council Meeting Tuesday, February 16, 1999 29. Approve Ordinance No. 251, Unneccessary Acceleration 30. Approve Ordinance No. 252, Street Lights 31. Approve Ordinance No. 253, Exotic Animals 32. Approve Ordinance No. 222A, Adult Uses 33. Approve Ordinance No. 89A, Repealing Ordinance No. 89, Contagious Diseases 34. Reduce Letter ofCredit/87-27/Woodland Creek 35. Reduce Letter of Credit/92-20/Woodland Creek 3rd Addition 36. Purchase Used Sweeper 37. Approve HiringIPublic Works Park Maintenance Employee 38. Amend Ordinance 205 39. Approve Resolution Supporting Central Anoka County Regional Trail Mayor/Council Input Payment of Claims Adjournment , " ; '--./ , '-..J ord251 ord252 ord253 ord222a ord89a loc8727 loc9220 sweeper hirepark ord205 restrail CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " ) DATE:February 16" 1999 AGENDA SECTION ORIGINATING DEPARTMENT Approval of Minutes City Clerk ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: January 25, 1999 Special Meeting (Knight absent) February 2, 1999 Regular Meeting , , ;' February 2, 1999 HRA Meeting February 4, 1999 Special Meeting ~ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ " / DATE: October 20. 1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Todd J. Haas,/ Engineering ITEM NO. Cedar Creek Corridor Study Presentation! \. Anoka County Parks Department The Anoka County Department of Parks and Recreation would like to make a presentation on a potential Cedar Creek Corridor Study and conduct a greenway feasibility report on this corridor. Attached is background information form the County for your review. The County is requesting the City Council to consider this and approve endorsing the attached letter of support regarding the Cedar Creek Corridor study. The City of Oak Grove has already endorsed the study. A presentation was made to the Andover Park and Recreation Commission at their January " ) 21, 1999 meeting and they are recommending the City Council to support the study. '\ , / " \ , / ::PI Anoka County Department of Parks & Recreation 550 Bunker Lake Boulevard NW . Andover, Minnesota 55304 Telephone (612) 757-3920 . FAX (612) 755-0230 John K. VonDeLinde Director January 11, 1999 Mayor and Oty Council Parks and Recreation Commission Oty of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Cedar Creek Conidor Study EXECUTIVE SUMMARY , /' Background/Discussion In ear1y 1995, the Anoka COunty Parks and Recreation Department initiated the process of developing a new long range comprehensive plan for the park. system. The plan, entitled ft2020 Vision"was recently adopted by the County Board in March of 1998. As part of the 2020 Vision process, a Otizens Task Force, comprised of 20 county residents, identified the future land stewardship of ecologically significant natural areas in Anoka County as one of the key issues to address. In like manner, the Metropolitan Region of the Minnesota Department of Natural Resources (DNR) created a greenways and natural areas coalition in 1996. The purpose of that coalition was to bring various public resource agencies and private organizations to the table to discuss issues pertaining to the protection of key remaining natural areas in the seven county metropolitan area. The Director of Parks and Recreation served as a member of that coalition. As a bi-product of that process, the Minnesota State Legislature appropriated $4.0 million to the DNR to be used as a source of grant funds to local units of governments to secure conservation easements or other protective measures to create a network. of greenway corridors. The Legislature and DNR envision this to be a ftgrassrootsN level program where local governments take the primary lead in identifying, researching, and determining the value in resource protection at the community level. At the request of the Anoka County Parks and Recreation Committee, an open space study was conducted by the University of Minnesota College of Natural Resources to collect more information and make recommendations on 15 high profile, unprotected natural areas in Anoka County. Upon further analyses of these areas, the County Par1<s and Recreation COmmittee identified study areas positioned along the Cedar Creek COrridor in Oak Grove and Andover as being an area of importance from the standpoint of protecting key undisturbed natural resource communities. This decision of the Committee was based on the 2020 Vision process and the study conducted by the University of Minnesota through the Natural Resources Inventory Program. In September, the Parks and Recreation Department secured the services of a Parks and Recreation Intern to perform a research study focusing on the feasibility of creating an open space greenway along the Cedar Creek in Oak Grove and Andover. Some of the primary components of this study over the next few months will include the following: field identification and mapping of key natural resources, watersheds, habitats, and rare species delineation and mapping of parcel ownershiP and zoning information identification and mapping of protected parcels within the corridor thorough examination of land protection options discussions with local oflidals and other resource agencies to determine level of support within the community establishment of priorities for land stewardship establishment of a preliminary boundary for the greenway corridor and the review of a comprehensive report by the Oties and County Significance of Natural Resources Alona the Cedar Creek Corridor The Metropolitan Area has lost more than 94% of its original nallJral habitat since the onset of European settlement approximately 150 years ago. As a result, less than 6% of the region's natural communities are still intact and of high ecological quality. An estimated population increase of 650,000 people is expected over the next 20 years, further reducing the remaining natural areas. Affirmative Action I Equal Opportunity Employer Page 2 Cedar Creek Corridor Study ,.J January 11, 1999 To this end, Anoka COUnty and the Oties of Oak Grove and Andover are presented with a unique situation. Anoka COUnty contains approximately 22,000 acres (approximately 2,000 acres in Oak Grove alone) of high quality natural areas, which reflects the highest density of sites that are largely undisturbed in the seven COUnty Metropolitan Region (see attachment #1). The Cedar Creek Corridor presents one of the best opportunities for a greenway in the Metropolitan Area according to experts at the Department of NabJral Resources. The Cedar Creek Corridor also presents a unique opportunity to develop a cooperative effort between the Oties and COUnty that will leave a legacy for future generations. An example of a similar project, of historical nabJre, is the Minnehaha Creek Corridor that was set aside in Minneapolis in the early 1900's. The high quality and rare nabJral resources that have been identified thus far that exist along the Cedar Creek Corridor are as follows: Rare Plant Communities oak forest (dry and mesic subtypes) lowland hardwood forest mixed hardwood swamp floodplain forest oak woodland{brushland dry oak savanna shrub wetland/swamp wet meadow sedge meadow rich fen poor fen mixed emergent marsh cattail marsh Rare Plants Halberd-leaved teartl1umb Rare Animals Sandhill crane Blanding's bJrtle Bullsnake Please refer to the following attachments for supplemental maps, photos, and infonnation: * Attachment #1: Metropolitan Region Natural Community Map * Attachment #2: Anoka COUnty Open Space Study Map * Attachment #3: Cedar Creek Planning Mabix (preliminary) * Attachment #4: Sample Photos of unique Natural Features * Attachment #5: Letter of Support Current Status Our primary purpose in addressing the Oty of Andover is to discuss the county's plans to conduct a greenway feasibility report on the Cedar Creek Conidor. We are looking forward to the comments and ideas from the Parks and Recreation Commission and Oty Council and are hopeful that the Oty will consider joining the county in this endeavor. In addition, we are cordia requesting Mayor McKelvey and the Oty COUndl's consideration and endorsement on the attached Letter of Support r rding the Cedar Creek Corridor SbJdy. Attachments cc: Commissioner Dennis Berg Richard Fursman, Oty Administrator AI Grabowski, Parks and Recreation Commission Chair " / , J .. to . .4 ,~.. , W ~ . ~- . .1... ,- ~ .,0 j . " . '-4 . ( " ~ . ... ; .. ~ : . f- ~ .. . I "' .. .C- ,j " .... ~ " .. ',," . '... ",... r .... . 4" -" - , .. .. . "* " , > \ .... ~ '1 , / . $. . 4- 'to. t" . , " .. if 4" . . 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't.. \:.:. :it ." t ,_ ...:_\......... . t... - ~-;;..- . . .-' f ,. ".,: ....".oc;.~.. ,r. ,.... '.'\ ~ ;. '. "'<, Ll~~ ~".- ,. ~ ___ ',~. ,-. ~~~~?i~:i';,'!~:~~:r',"t~, SANDHILL CRANE MESIC OAK FOREST BULLSNAKE SEDGE MEADOW \ , i OAK SAVANNA MIXED HARDWOOD FOREST \ February 16, 1999 ~ Mr. John VonDeUnde Anoka County Director of Parks and Recreation 550 Bunker Lake Boulevard NW Andover, Minnesota 55304 RE: Letter of Support - Cedar Creek Greenway Corridor Study Dear Mr. VonDeUnde, At the Regular Meeting of the Andover City Council held on February 16, 1999, John VonDeUnde, Director of Anoka County Parks and Recreation Department, spoke to the Council regarding future land stewardship of ecologically significant natural areas in Anoka County. The Cedar Creek Corridor in Andover and Oak Grove has been identified as being an area of special opportunity from the standpoint of preserving key unprotected natural resource communities. Jeff Perry, Natural Resources Specialist for Anoka County, presented a slide show of the unique and rare plant and animal communities indigenous to the Cedar Creek area. The Anoka County Parks and Recreation Department is currently performing a preliminary research study focusing on' the feasibility of creating an open space greenway along the Cedar Creek, and having discussions with local officials and other resource agencies to determine the level of support within the community. To this end, the City of Andover fully endorses support to Anoka County for further study and to develop a comprehensive report regarding future land stewardship opportunities of the unique natural resources that enrich the Cedar Creek Corridor in Andover. Sincerely, ANDOVER CITY COUNOL By Jack McKelvey, Mayor Mr. John VonDeLinde Anoka County Director of Parks and Recreation 550 Bunker Lake Boulevard NW Andover, Minnesota 55304 - moo Nghtingale ~t~ Cedar, Minnesota 5500 Thleph:>ne (6l2) 753-192) Rtx (612) 753-6271 ~-;c:.-_ . 1, n I [}. 11""5 ;:;-. ---- - u.J ~'.~ /.. if ~" '""'5 - _.....-..' ""\' ---:::...... '-' i : .,' A~~KA c~:,:JLI!1 P,., p vs " 1,\ --J January 12, 1999 RE: Cedar Creek Greenway Corridor Study Dear Mr. VonDeLinde: , / At the regular meeting of the Oak Grove City Council held on November 30, 1998, Jon VonDeLinde, Director of Anoka County Parks and Recreation Department, spoke to the Council regarding future land stewardship of ecologically significant natural areas in Anoka Courity. The Cedar Creek Corridor in Oak Grove has been identified as being an area of special opportunity from the standpoint of preserving key unprotected natural resource communities. JetTPerry, Natural Resources Specialist for Anoka County, presented a slide show of the unique and rare plant and animal communities indigenous to the Cedar Creek area. The Anoka County Parks and Recreation Department is currently performing a preliminary research study focusing on the feasibility of creating an open space greenway along the Cedar Creek, and having discussions with local officials and other resource agencies to determine the level of support within the community. As part of the City of Oak Grove's Comprehensive Land Use Plan (1998), the City recognizes its unique richness in natural resources. In addition, "retention of native vegetation and areas to be preserved such as wetlands, is a plan objective and is a means of reinforcing the City's identity". To this end, the city of Oak Grove fully endorses support to Anoka County for further study and to develop a comprehensive report regarding future land stewardship opportunities of the unique natural resources that enrich the Cedar Creek Corridor in Oak Grove. Sincerely, OAK GROVE CITY COUNCIL ~ , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: February 16. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Comp Plan Amend 98-05 RR, Residential Rural to RU, Residential Urban Single Family & /) RM, Residential Medium Density ()( . Fox Hollow, Gor-Em, LLC Reauest John Hinzman, City Planner The City Council is asked to review the following amendments to the Comprehensive Land Use Plan: l) Redesignate - 9.2 acres from RR, Residential Rural to Residential Urban Single Family. , '. / 2) Redesignate - lO.8 acres from RR, Residential Rural to RM, Residential Medium Density. The proposed 20 acre area is located in the north half of Section 22 and is part of the proposed 42.7 acre Fox Hollow preliminary plat consisting of 80 single family homes and 37 detached townhomes. Please see the attached map for area locations. Rezonings to R-4, Single Family Urban and M-I, Multiple Dwelling Low Density have been submitted in conjunction with the comprehensive plan amendment. Plannin!! and Zonin!! Commission Action The Planning and Zoning Commission voted 6-0 (1 absent) to recommend approval of the request at the January 26, 1999 meeting. Please consult the attached staff report and minutes for more information. Attachments \, , / · Resolution for Approval · Planning and Zoning Commission Minutes - January 26, 1999 · Planning and Zoning Commission Staff Report - January 26, 1999 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 . J A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM RR, RESIDENTIAL RURAL TO RU, RESIDENTIAL URBAN SINGLE F AMIL Y AND RM, RESIDENTIAL MEDIUM DENSITY FOR FOX HOLLOW BY GOR-EM, LLC (PIN 22-32-24-11-0001, -12-0001). WHEREAS, Gor-Em has petitioned for the following amendments to the Andover Comprehensive Land Use Plan: 1) Change the land use district designation from RR, Residential Rural to RU, Residential Urban Single Family on approximately 9.2 acres legally described as follows: . All that part of the North Half of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota lying south of the north 60.00 acres thereof; except the east 1425 feet. 2) Change the land use district designation from RR, Residential Rural to RM, Residential Medium Density on approximately 10.8 acres legally described as follows: . / All that part ofthe North Half of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota lying south of the north 60.00 acres thereof; except the west 1215 feet. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment 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 said amendment to the Comprehensive Land Use Plan with the following condition: 1. Approval by Metropolitan Council. Adopted by the City Council of the City of Andover on this 16th day of Februarv, 1999. CITY OF ANDOVER '. . J ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk '. J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 PlAN,'iING AND ZONING CO,"I.l1ISSION ,"IEETIlVG - JANUARY 16, 1999 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on January 26, 1999, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Commissioners present: -.'" __ -. _~ --...... .'~..J ....~ Maynard Apel, Dean Danniger, Douglas Falk, Bev Jovanovich, and Jason Osberg Jeff Luedtke. City Planning, Jeff Johnson Community Development Director, Dave Carlberg Assistant City Engineer, Todd Haas Others . . . -....- ,- ,- -- -.' . -.. ~,=~~<,~-::'__-p.~_..~...::.o..:'~- "'':'''' -..--.~-;'-:-"'-'_'.-"l.. ;,... __. .~ ,0 .'. ...;....__~..;.r.;.-,.,.;.~-:;;;_--=_....;...;.;...;..,._-:.,::x__. _.... Commissioners absent: Also present: . C ,H.' _' __-. __ _.:.,_ ..~ =-'_. APPROVAL OFMINUTES January 12. 1999 J Mr. Carlberg requested the following correction: Page 2, second paragraph, to change the wording "multiples without a rezoning" to "multiples with a rezoning." !"Iotion by Jovanovich, seconded by Osberg, the Minutes be approved as corrected. Motion carried unanimously. ~PUBLIC HEARINGS CONTINUED: COjty[PREHENS/VE PLAN AMENDMENT (CPA 98- . 05) - RR., RURAL RESIDENTIAL TO RC.r, RESIDENTIAL URBAN AND RM, RESIDENTIAL MEDIUM DENSITY - SECTION 22 (FOX HOllOW) - GOR-EM, lle. - - - - - - Mr. Carlberg stated the Commission is requested to review the following amendments to the Andover Comprehensive Land Use Plan byOer-em, LLC(pIN.22-32-24-11~OOQl.~12~OOOI): ." _ _ . . 1. Redesignate approximately 9.2 acres from RR, Residential Rural to RU, Residential Urban Single Family. 2. Redesignate approximately 10.8 acres from RR, Residential Rural to RM, Residential Medium Density. '\ J Commissioner Apel asked if the property directly to the north is zoned R.J.Vf, Residential Medium Density. Mr. Carlberg answered that the land use designation is Rivl, but the zoning is M-2, Multiple Family. Regular .-lndowr Planning and Zoning Commission .'.feering Minutes - January 26, 1999 Page :2 J ~1r. Carlberg advised the proposed 20 acre area is located in the north half of Section 22 and is part of the proposed 42.7 acre Fox Hollow preliminary plat consisting of80 single family homes and 37 detached townhomes. They will also be requesting a rezoning to R-4, Single Family Urban and M-l, Multiple Dwelling for the eastern portion. He reviewed State Statute provision, Chapter 473.858 and explained it would be in error to consider a rezoning unless the Comprehensive Plan is in compliance with the same. Mr. Carlberg reviewed the zoning and current use of surrounding properties. He noted the Comprehensive Plan, Chapter V, Section EA which outlines policies related to housing and residential land use. He advised that applicable policies include the indication the City will encourage the development ofa variety of housing types, residential neighborhoods shall be protected from encroachment or intrusion of incompatible uses by buffering and adequate separation, and medium density development shall be encouraged on a planned unit basis and shall specifically include provision for traffic circulation that would mitigate any adverse affects on existing single famiiy residential developments. Mr. Carlberg stated often times, the land use plan and rezoning map are confused and thought to be the same. He advised that the entire area is located within the .2020 M.U.S.~.a.nc.t ._... scheduled for development in 1999. ) Mr. Carlberg advised of the Commission's options for approval, denial, or to table pending further information from the applicant or Staff. He advised Staff recommends approval cfthe Comprehensive Plan Amendment, subject to Metropolitan Council review. ft was noted that the public hearing was opened at the previous meeting; however, no testh1l0ny was given. Motion by Luedtke, seconded by Jovanovich, to open the continued public hearing at 7: 13 p.m. Motion carried unanimously. Commissioner Ape! stated a lot of this hall heen talked ahout previously and the fact that this i<; compatible with the northern area and would be a good use in the land. He noted that prior to 1995 the City would probably have been able to consider the rezoning directly but, since the change in State law, the City is now required to fIrst amend their Comprehensive Plan. Commissioner Ape! stated his support for approval. There was no public input. Motion by Apel, seconded by Jovanovich, to close the public hearing at 7: 15 p.m. Motion carried unanimously. '\ J Motion by Apel, seconded by Osberg, to recommend to the City Council approval of an amendment to the Comprehensive Plan to change the land use district designation from RR, Residential Rural to RU, Residential Crban (-9.2 acres) and R..\f, Residential Medium Density Regular Ando\'er Planning and Zoning Commission Jfeeting JIinutes - January 16. 1999 Page 3 J (-10.8 acres) of the proposed Fox Hollow preliminary plat located in the north halfofSection 22 legally described on the proposed resolution. Motion carried unanimously. PUBLIC HEARl.VGS CONTINUED: REZONLVG (REZ 98-07) - R-I, SLVGlE FA, L Y RURAL TOR-4, SINGLE FAMILY URBANAND M-I, MULTIPLE FAMILY-S TION 22 (FOX HOllOW) - GOR-EM, lle. N1r. Carlberg stated the Commission is requested to approve the following rez ing request of Gor-em, LLC on property located in the north half of Section 22 (pIN 22-32 _4-11-0001,-12- 0001): 1. Rezone approximately 39.2 acres from R-l Single Family Rural R-4, Single Family Urban. 2. Rezone approximatdy 10.8 acres from R-l, Single Family R ral to :\1-1, :\lultiple Dwelling, Low Density. Mr. Carlberg explained the rezoning is submitted in conju ction with the Fox Hollow preliminary plat consisting of 80 single family homes 37 detached tOl,l,nhome units and a Comprehensive Plan amendment from RR, Residentia Rural to RU, Residential Urban Single Family and R.\1, Residential Medium. / / / :\Ir. Carlbcrg advised of applicable ordinances :m,d zoning and land use of adjacent property. He stated the entire area is located withi:1 the 2020.~.{uSA and is s;::hedu!ed for development in 1999. :\k Carlberg reviewed the Commissi9n's options to approve, deny, or table the item pending further information from the applicant or Staff. Staff recommends approval of the rezoning request. Mr. Carlberg noted thcySrdinance amendment which will be prescnted for Council consideration at their next mee"fng. It W:1~ noted that the public hearing as opened at the previous meeting. There was no public input. Motion by Apel. seconded Osberg, to close the continued public hearing at 7:23 p.m. Motion carried unanimously. Commissioner Apel s ted he takes the same position on the rezoning as he did on the amendment in that it has been fairly well deliberated in the past. Motion by Osbe,g, seconded by Falk, to recommend to the City Council approval of the rezoning request of Gor-em, LLC to rezone approximately 39.2 acres from R-l, Single Family Rural to R-4, Single Family Urban and 10.8 acres from R-I, Single Family Rural to M-l, Multiple Dwelling, Low Density for property located in the north half of Section 22 legally '\ , ) / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: Januarv 26.1999 ITEM NO. 3 ORIGINATING DEPARTMENT Public Hearinl!. cont.: CPA 98-05 Land Use Change RR to RU & RM Fox Hollow Gor-Em, LLC Planning John Hinzman ~W City Planner Reauest The Planning and Zoning Commission is asked to review the following amendments to the Andover Comprehensive Land Use Plan by Gor-Em, LLC (PIN 22-32-24-11-0001, - 12-0001): 1) Redesignate approximately 9.2 acres from RR, Residential Rural to RU, Residential Urban Single Family. " 2) Redesignate approximately 10.8 acres from RR, Residential Rural to RM, Residential Medium Density. The proposed 20 acre area is located in the north half of Section 22 and is part of the proposed 42.7 acre Fox Hal/ow preliminary plat consisting of 80 single family homes and 37 detached townhomes. Please see the attached map for area locations. Rezonings to R-4, Single Family Urban and M-l, Multiple Dwelling Low Density have been submitted in conjunction with the comprehensive plan amendment. ADDlicable Ordinances Minnesota State Statute Chapter 473.858 states, "If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan... after August 1, 1995, a local governmental unit shall not adopt any fiscal device or official control which is in conflict with its comprehensive plan." , , .J / Page Two CPA 98-05 RR to RM Fox Hollow Adiacent Land Use Adjacent land use within 350 feet of the site includes the following: South . RM, Residential Medium Density -- proposed Grey Oaks preliminary plat and PUD, multiple family units and commercial development. . RU, Residential Urban Single Family -- Cambridge Estates preliminary plat. . RU, Residential Urban Single Family -- Oak View Middle School, and remainder of proposed Fox Hal/ow preliminary plat. . RR, Residential Rural -- Wittington Ridge, Nightingale Estates, unplatted property. North East West Andover COIDDrehensive Plan The Andover Comprehensive Plan, Chapter V, Section E.4 outlines policies related to housing and residential land use. Applicable policies include the following: " ) . The City encourages the development of a variety of housing types within the community, including multi-family and life-cycle opportunities. . Residential neighborhoods shall be protected from encroachment or intrusion of incompatible uses by buffering and adequate separation. . Medium density development shall be encouraged on a planned unit basis and shall specifically include provision for traffic circulation that would mitigate any adverse affects on existing single family residential developments. Land Use Plan and Zonine: MaD Often times, the land use plan and the zoning map are confused and thought to be the same. The land use plan is general in nature and long range, the zoning map is short range and precise. The land use plan sets the general guidelines for use by the Planning Commission and City Council in reviewing and evaluating development proposals. The zoning map is a tool to implement the land use plan. The land use map delineates the general land use areas by type, such as residential, industrial, and commercial. The zoning ordinance and accompanying map set forth and further refines permitted uses in each zone and establishes requirements for each use in specific zones. \ J Page Three CPA 98-05 I RR to RM Fox Hollow General Review The entire area is located within the 2020 MUSA and is scheduled for development in 1999. RU development proposed for the western portion is consistent with adjacent land to the south. RM development proposed on the eastern half would serve as a buffered transitional zone between Oak View Middle School and the multiple family and commercial uses of the proposed Grey Oaks preliminary plat\PUD to the north. Traffic would directly access Nightingale Street, a collector roadway, to the west, and Hanson Blvd, via the commercial area of the proposed Grey Oaks to the east. The entire Fox Hollow subdivision is proposed to be developed under PUD guidelines. Commission Ootions 1. The Andover Planning and Zoning Commission may recommend to the City Council approval of an amendment to the Comprehensive Plan to change the land use district designation from RR, Residential Rural to RU, Residential Urban (- 9.2 acres) and RM, Residential Medium Density (-10.8 acres) of the proposed Fox Hollow preliminary plat located in the north half of Section 22 legally described on the attached resolution. " -' 2. The Andover Planning and Zoning Commission may recommend to the City Council denial of an amendment to the Comprehensive Plan to change the land use district designation from RR, Residential Rural to RU, Residential Urban (- 9.2 acres) and RM, Residential Medium Density (-10.8 acres) of the proposed Fox Hollow preliminary plat located in the north half of Section 22 legally described on the attached resolution. The Planning and Zoning Commission finds the proposal does not meet the requirements of a comprehensive plan amendment. 3. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. of Andover Recommendation Staff recommends approval of the Comprehensive Plan Amendment, subject to Metropolitan Council review. , , J Attachments . Resolution for Approval . Location Map . Application ~ City of Andover CPA 98-05, RR TO RU & RM FOX HOLLOW f-I J: (:J Z <{ J: ..r lJ) ..r / ... III ~ Z ~ I ,..&; I ../ v- I "... ../ ../ ~ LEGEND 1'1 Subject Property \ /'v' Street Center Lines Water.shp _ Parltshp Parcels 8 Lot I Parcel Boundaries Right-of-Way Water Features B Rural Residential ResidentiaJ Urban Single Family Residential Medium Density _ Residential Multiple ResK:lential _ Commercial D Industrial CJ PubHe CJ Open Space _ AgricuturaJ Water Features c:::J Right-of-Way i-':~ '-----, N A Sources: Andover Engineering Andover GIS Anob County GIS ILOCATI(~!~Lt: , _ __~'_' -'.~_of-' -:\-' ~=::~- -iii.. . - ..;;':~- ? -. -'---::"". - --. -'t~{~~;,.~~:~::~ 1 inch - 557Ceet RF - 1 :6.683 Map Date: January 08, 1999 ~ 'J. ~ \l 0..0 \ ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . 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Ci; ::0: ~: ,/~~::. :'001"<0 0'''' .' / I I -+ -'- (STA ""'3 :a ...... ~ t:'-o ~ <: ~ ~ ~~ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: February t 6. t 999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Rezoning 98-07 R- t, Single Family Rural R-4, Single Family Urban & /J.. \ M- t, Multiple Dwelling o Fox Hollow, Gor-Em, LLC Request John Hinzman, City Planner The City Council is asked to approve the following zoning changes: 1) Rezone approximately 39.2 acres from R-I, Single Family Rural to R-4, Single Family Urban. " 2) Rezone approximately 10.8 acres from R-l, Single Family Rural to M-l, Multiple Dwelling, Low Density. The rezoning is submitted in conjunction with the Fox Hollow preliminary plat consisting of 80 single family and 37 detached townhome units and a comprehensive plan amendment from RR, Residential Rural to RU, Residential Urban Single Family and RM, Residential Medium Density. Please see the attached map for area locations. Rezonings to R-4, Single Family Urban and M-I, Multiple Dwelling Low Density have been submitted in conjunction with the comprehensive plan amendment. Planninl! and Zoninl! Commission Action The Planning and Zoning Commission voted 6-0 (1 absent) to recommend approval of the request at the January 26, 1999 meeting. Please consult the attached staff report and minutes for more information. Attachments . Resolution for Approval · Planning and Zoning Commission Minutes - January 26, 1999 · Planning and Zoning Commission Staff Report - January 26, 1999 J , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows (PIN 22-32-24-11-0001, -12-0001): 1) Rezone from R-l, Single Family Rural to R-4, Single Family Urban on approximately 39.2 acres legally described as follows: All that part of the North Half of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota lying south of the north 60.00 acres thereof; except the east 1425 feet. And All that part of the South Half of the Northeast Quarter of Section 22, Township 32 North, Range 24 West, Anoka County, Minnesota which lies west of the following described line: Commencing at the southwest comer of said South Half of the Northeast Quarter; thence northerly along the west line of said South Half of the Northeast Quarter a distance of 445.00 feet; thence easterly along a line parallel with the south line of said South Half of the Northeast Quarter a distance of 1013.00 feet; thence southerly parallel with the east line of said South Half of the Northeast Quarter a distance of 444.95 feet to the south line of said South Half of the the Northeast Quarter and being the actual point of beginning of the line to be described; thence return northerly parallel with said east line of the South Half of the Northeast Quarter a distance of 1313.78 feet to the north line of said South Half of the Northeast Quarter and said line there terminating. 2) Rezone from R-l, Single Family Rural to M-l, Multiple Dwelling, Low Density on approximately 9.5 acres legally described as follows: All that part of the North Half ofthe Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota lying south of the north 60.00 acres thereof; except the west 1215 feet. Page Two Rezoning R-l to R-4 & M-l Fox Hollow Said ordinance amendment is subject to compliance with the comprehensive plan. NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. 1999. Adopted by the City Council of the City of Andover on this 16th day of F ebruarv. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk '. , Regular Andover Planning and Zoning Commission .\Jeering J/inutes - January 26. 199 Page 3 , I / (-10.8 acres) of the proposed Fox Hollow preliminary plat located in orth half of Section 22 legally described on the proposed resolution. ~fotion carried unanimously. -I PUBLIC HEARINGS CONTlSUED: REZONN.1G (REZ 98-07) - R-I, S/.VGLE FAMILY RURAL TOR-4, SINGLE FA."IILY URBANANDM-1, MULTIPLE FA."lIlY -SECTION 22 (FOX HOllOW) - GOR-E."I, lle. j\!fr. Carlberg stated the Commission is requested to approve the following rezoning request of Gor-em, LLC on property located in the north half of Section 22 (PIN 22-32-24-11-0001,-12- 0001): 1. Rezone approximately 39.2 acres from R-l Single Family Rural to R-4, Single Family Urban. 2. Rezone approximately 10.8 acres from R-l, Single Family Rural to ~I-l, ~fultiple Dwelling, Low Density. 'Mr. Carlberg explained the rezoning is submitted in conjunction with the Fox Hollow .. -..... ... preliminary plat consisting of80 single family homes and 37 detached tov.nhome units and a Comprehensive Plan amendment from RR, Residential Rural to RU, Residential Urban Single Family and RM, Residential ~Iedium. J Mr. Carlberg advised of applicable ordinances and zoning and land use of adjacent property. He stated the entire area is located withb the 2020 ~n;SA and is s;:hedu!<:'d for deveiopmem in 1999. Nfr. Carlberg reviewed the Commission's options to approve, deny, or table the item pending further information from the applicant or Staff. Staff recommends approval of the rezoning request. Mr. Carlberg noted the ordinance amendment which will be presented for Council consideration at their next meeting. It W:1S not~d that the public hearing was opened at the previous meeting. There was no public input. Motion by Apel. seconded by Osberg, to close the continued public hearing at 7:23 p.m. Motion carried unanimously. Commissioner Apel stated he takes the same position on the rezoning as he did on the Comprehensive Plan amendment in that it has been fairly well deliberated in the past. Motion by Osberg, seconded by Falk, to recommend to the City Council approval of the rezoning request of Gor-em, LLC to rezone approximately 39.2 acres from R-l, Single Family Rural to R-4, Single Family Urban and 10.8 acres from R-l, Single Family Rural to M-l, Multiple Dv,;elling, Low Density for property located in the north half of Section 22 legally '\ .J Regular Andover Planning and Zoning Commission Jfeeting J,finutes - January 16. 1999 Page 0./ , ; described on the proposed resolution. ~lotion carried unanimously. iv1r. Carlberg advised this request will be considered by the City Council on February 16, 1999. PFBLIC HEARL'iG: SPECL4l FSE PER."fIT (SFP 99-01) - PLANNED UI\iIT DEVELOPMENT - FOX HOLLOW - SECTIO.V 22 - GOR-EJ,f, lle Mr. Carlberg stated the Commission is requested to review the Special Use Permit quest of Gor-em, LLC for a Planned Unit Development (PLU) to develop a mixed use r Idential development consisting of 80 single family residential lots and 37 detached gle family to'.l.nhomes (cottagehomes) to be knO\l.m as "Fox Hollow." Mr. Carlberg advised the property to be developed as the plat of e PUD of Fox Hollow is located north and west of the Oak View Middle School betvie Hanson Boulevard 'NWand Nightingale Street ~'\v in Section 22, Township 32. Rang _4. The property is currently zoned R-l, Single Family Rural. A rezoning of the property t -4, Single Family Urban and M-2, ~fl1ltiple Dwelling is being requested in conjunction 'th this request. -He advised of the backgrcund of this particular request. applicable dinances, and the Commission's options to <!.f)prove, deny, or table pending further int~') ion from the applicant or Staff. 'J Commissioner Apel asked if the density 'as increased in the four areas of the PUD. Mr. C:ulberg stated there is not a density' .crease with this project and the PUD concept is more related to the association. open sp e, and the conagehome area. Diane Thorsen Merz, King an Building Company. advised of the types of homes they build and buyers that tend to pu ase them. She stated they have been building townhomes since 1984, just completed a _-unit development in Elk River, and are now working in the City of St. Michael. All of the roes are association managed, always o....mer-occupied and never rentals. h;we ~ rtlat.'1tenanc -free exteriors, are professionally landscaped and maintained on the exterior portions. The d elopments have a harmonious exterior and the buyers they tend to attract are empty nesters or 55 years and older. This is due to the lots not being very large which is not as attractive to amilies with children. Ms. Th rsen Merz stated a lot of the buyers are moving from homes they have lived in for many years, pay cash or put a substantial amount of money dO'WTI on the home, and want the townhome lifestyle where they do not need to be responsible for exterior upkeep but want it well maintained. She stated the buyers are usually from the community or their friends and children live in the community so they don't want to leave the area. She referred to Page 8 of their brochure which indicates a study shov.;ing that within the next ten years, the empty nester population will grow by ten percent so more people will be looking for this type of housing. , I J Ms. Thorsen Merz presented a picture of a twinhome located in Elk River. She advised the i / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: Januarv 26. 1999 ITEM NO. 4 ORIGINATING DEPARTMENT Public HeariDl!:, cont.: REZ 98-07 Rezone R-l to R-4 & M-l Fox Hollow Gor-Em, LLC Planning Jc~hnpHlinzman ~\Y lty anner J Request The Planning and Zoning Commission is asked to approve the following rezoning request of Gor-Em, LLC on property located in the north half of Section 22 (PIN 22-32-24-11- 0001 & -12-0001): , J 1) Rezone approximately 39.2 acres from R-l, Single Family Rural to R-4, Single Family Urban. 2) Rezone approximately 10.8 acres from R-1, Single Family Rural to M-1, Multiple Dwelling, Low Density. The rezoning is submitted in conjunction with the Fox Hollow preliminary plat consisting of80 single family and 37 detached towrihome units and a comprehensive plan amendment from RR, Residential Rural to RU, Residential Urban Single Family and RM, Residential Medium Density. Please see the attached map for area locations. Applicable Ordinances Ordinance 8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). Ordinance No.8, Section 5.03(B) establishes the criteria for granting a special use permit. These same criteria have been utilized by the City in considering rezoning applications in the past. The criteria include the following: . , , J Effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land. Page Two \ ) Rezoning - R-l to R-4 & M-I Fox Hollow January 26, 1999 Effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. Effect on values of property and scenic views in the surrounding area. Effect of the proposed use on the Comprehensive Plan. Ordinance 8, Section 6.02 establishes the minimum length, width and size for property they are as follows: R-4, Single Family Urban Lot Width at Front Setback Lot Depth Minimum District Area - 80 feet - 130 feet - 11,400 s.f. , ./ M-l, Multiple Dwelling, Low Density Lot Width at Front Setback - 75 feet Lot Depth - 150 feet Minimum District Area - 6,000 s.f. Adiacent Zonine: and Land Use Adjacent zoning and land use within 350 feet includes the following: North East · M-2, Multiple Dwelling -- proposed Grey Oaks preliminary plat and PUD, multiple family units and commercial development. · R-4, Urban Single Family -- Cambridge Estates preliminary plat, Oak View Middle School. · R-4, Urban Single Family -- Oak View Middle School, and · R-l, Single Family Rural-- unplatted agricultural · R-l, Single Family Rural-- Wittington Ridge, Nightingale Estates, and unplatted property South West General Review The entire area is located within the 2020 MUSA and is scheduled for development in 1999. R-4 development proposed for the western portion is consistent with adjacent zoning to the east. M-l development proposed on the eastern half would serve as a buffered transitional zone between Oak View Middle School and the multiple family and -' commercial uses of the proposed Grey Oaks preliminary plat\PUD to the north. Traffic \ / Page Three Rezoning - R-l to R-4 & M-I Fox Hollow January 26, 1999 would directly access Nightingale Street, a collector roadway, to the west, and Hanson Blvd, via the commercial area of the proposed Grey Oaks to the east. Single family detached townhomes are not permitted in the M-l district under the current zoning ordinance. Provisions are made for attached townhomes only. The draft zoning ordinance does not make the distinction between attached and detached townhomes, permitting. The entire Fox Hollow subdivision is proposed to be developed under PUD guidelines. Commission Ootions 1. The Andover Planning and Zoning Commission may recommend to the City Council approval of the rezoning request of Gor-Em, LLC to rezone approximately 39.2 acres from R-I, Single Family Rural to R-4, Single Family Urban and 10.8 acres from R-I, Single Family Rural to M-l, Multiple Dwelling, Low Density for property located in the north half of Section 22, legally described on the attached amendment to Ordinance No. 8, Section 6.03. 2. The Andover Planning and Zoning Commission may recommend to the City Council denial of the rezoning request of Gor-Em, LLC to rezone approximately 39.2 acres from R-l, Single Family Rural to R-4, Single Family Urban and 10.8 acres from R-I, Single Family Rural to M-l, Multiple Dwelling, Low Density for property located in the north half of Section 22, legally described on the attached amendment to Ordinance No.8, Section 6.03. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Section 5.03(B). 3. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. Recommendation Staff recommends approval of the request. Attachments . Ordinance Amendment . Location Map . Application I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows (PIN 22-32-24-11-0001, -12-0001): 1) Rezone from R-l, Single Family Rural to R-4, Single Family Urban on approximately 39.2 acres legally described as follows: All that part of the North Half of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota lying south of the north 60.00 acres thereof; except the east 1425 feet. And All that part of the South Half of the Northeast Quarter of Section 22, Township 32 North, Range 24 West, Anoka County, Minnesota which lies west of the following described line: Commencing at the southwest comer of said South Half of the Northeast Quarter; thence northerly along the west line of said South Half of the Northeast Quarter a distance of 445.00 feet; thence easterly along a line parallel with the south line of said South Half of the Northeast Quarter a distance of 1013.00 feet; thence southerly parallel with the east line of said South Half of the Northeast Quarter a distance of 444.95 feet to the south line of said South Half of the the Northeast Quarter and being the actual point of beginning of the line to be described; thence return northerly parallel with said east line of the South Half of the Northeast Quarter a distance of 1313.78 feet to the north line of said South Half of the Northeast Quarter and said line there terminating. 2) Rezone from R-I, Single Family Rural to M-l, Multiple Dwelling, Low Density on approximately 9.5 acres legally described as follows: All that part of the North Half of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota lying south of the north 60.00 acres thereof; except the west 1215 feet. '. ) , ) '\ J Page Two Rezoning R-l to R-4 & M-2 Fox Hollow NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. 1999. Adopted by the City Council of the City of Andover on this 16th day of Februarv, CITY OF ANDOVER A TrEST: JE. McKelvey, Mayor Victoria V olk, City Clerk ,~ Ul-! I' "I :q" -------- City of Andover I ~ I- / en .... UJ ~ Z ~ \ ~ j i l '""" Il . ~ i I r i I ih REZ 98-07, R-l to M-l & R-4 FOX HOLLOW LEGEND 1',' Subject Property , /'V Street Center Lines Water.shp m.iI Park.shp Parcels BLot I Parcel Boundaries Right-at-Way Water Features 8 R-1 - Single Family-Rural R-1A. Manufactured Housing D R-2 - Single Family-Estate c::J,,",', R-3 - S~1e Family-Suburban o R-' - SU191e FamFly-Urban o M-1 - Multipe Dwelling Low Density _ M-2 - Multiple Dwelling B LB.Umited Business NB. Neighborhood Busu'less o SC - Shopping Center ~ GB - General Business EJ I-lndusttial D GR - General Recreation ILOCATI~_. N A Sources: Andover Engineering Andover GIS Anoka County GIS 1 inch = 557 feet RF - L6.683 .:-'. Map Date: January 21, 1999 - 1-oK ~\\a t...0 " ) of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. · ANDOVER. MINNESOTA 55304 . (612) 755-5100 REZONING REQUEST FORM Property Address Legal Description of Property: _ S<..e- ~ (Fill in whichever is appropriate): Lot Block Addition PIN (If metes and bounds, attach the complete legal description).. or Torrens ? (This can be obtained from the Is the property: Abstract ~ information must be providea-ana County) . ----------------------------------------------------------------- Reason for Request 't> \ lVt- 1?~ !frl (~ i-t lakdl h h}. !fo /I r/W ) Current Zoning f- / Requested Zoning #f C/ ,u /' -------------------~--------------------------------------~----- ~.f'-/~ AA ('___ Address ,/O/7~ .~J.,vd #.3~ ~h) ~'~/ ..o~ - Home Phone Business Phone :?6 :/'"/76'> ~~~::~:::~~~~~-----------------_::~:_-~~::~~------ -s, L ,41/a~jJ tl !.. 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" - Ashford Development. Inc. ..... ..... '- s: :,/' ~ ""'J ("): ~ ~ ~ ~ -/-1- IO'O/P I :nl : 1 : 1 : 1 : , :, +TI :, " ,I .' ~ , , , , , , I * ~ ..... ~ <> i ~ ( ( C ... o . .... ca ;" >0; q: t /Qt~ .' "0:0::;:::& ~.'& .' / / -r- - ( STi- 0.,;; ~ ..... ~ :t.: t:-- Cr. ~ ~ &; ~ :t.: ~i:e: ... ... CITY OF ANDOVER REQUEST FOR COUNCIL ACTION February 16, 1999 DATE AGENDA NJ. SECTION Discussion ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NJ. Special Use Permit (SUP 99-01) Planned Unit Development 4. "Fox Hollow" - Gor-em, LLC. Kequest , Planning BY: David L. Carlberg Community Dev. Dir. The City Council is requested to review and approve the Special Use Permit request of Gor-em, LLC. for a Planned Unit Development (PUD) to develop a mixed use residential.development consisting of 80 single family residential lots and 37 detached single family townhomes (cottagehomes) on 46.7 acres to be known as "Fox Hollow". I The property to be developed as the plat of the PUD of "Fox Hollow" is located north and west of the Oak View Middle School between Hanson Boulevard NW and Nightingale Street NW in Section 22, Township 32, Range 24 as shown on the attached location map. The property is currently zoned R-l, Single Family Rural. A rezoning of the property to R-4, Single Family Urban and M-2, Multiple Dwelling is being requested in conjunction \vith this request. Apolicable Ordinances Ordinance No. 112, regulates Planned Unit Developments. The purpose of this ordinance is intended to provide for and permit flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. The flexibility is achieved by waiving or varying from the provisions of Ordinance No.8, the Zoning Ordinance, including lot size, setbacks, height and similar regulations, while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the City of Andover and its inhabitants. Ordinance No.8, Section 5.03, regulates the Special Use Permit process, outlining " conditions and procedures. j MOTION BY: SECOND BY: J Page Two Special Use Permit - Planned Unit Development "Fox Hollow" - Gor-em, LLC. City Council Meeting February 16, 1999 Ordinance No.8, Section 5.03, Special Uses, also establishes criteria in reviewing Special Use Permit applications. These criteria include: the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land, the existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. General Review The City Council has received literature on "The Fox Hollow Cottagehomes of Andover" prepared by Kingman Building Company. The literature indicates the 37 cottagehomes are association managed and will be marketed primarily to "empty nesters", whose children no longer live at home. The homes will range in size from 1250 to 1600 square feet and will be priced from $145,000 to $165,000. Common open space areas are planned in the cottagehome area and will be maintained and controlled by a homeowner's association. The project does call for variances to allow the townhomes or cottagehomes to be detached units. Variances are also needed to the setback requirements, lot size requirements, etc. The proposed PUD does not provide for a density increase above the zoning district requirement. / The developer of the project will be in attendance at the meeting to present and discuss the Planned Unit Development concept to the City Council. / Page Three Special Use Permit - Planned Unit Development "Fox Hollow" - Gor-em, LLC. City Council Meeting February 16, 1999 Plannin~ and Zonin~ Commission Recommendation The Planning and Zoning Commission reviewed and discussed the application at their January 12th and 26th meetings. The Commission is recommending to the City Council the approval of the Special Use Permit for a Planned Unit Development of "Fox Hollow" with conditions. The Commission generally agreed with the concept of the PUD as it is consistent with way the area is being developed with the Grey Oaks PUD to the north. Attached are the minutes from the Commission's meetings and a resolution for Council approvaVadoption. / " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF GOR-EM, LLC. FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A MIXED USE RESIDENTIAL DEVELOPMENT WITH SINGLE F AMIL Y URBAN RESIDENTIAL LOTS AND SINGLE FAMILY DETACHED TOWNHOMES (COTTAGEHOMES) TO BE KNOWN AS THE SUBDIVISION OF "FOX HOLLOW" ON THE PROPERTY LEGALL Y DESCRIBED ON EXHIBIT A. WHEREAS, Gor-em, LLC. has requested a Special Use Permit for a Planned Unit Development to develop single family urban residential lots and single family detached towrihomes (cottagehomes) to be known as the subdivision of "Fox Hollow" pursuant to Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance Regulating Planned Unit Developments on the property legally described on the attached Exhibit A; and , WHEREAS, the Planning and Zoning Commission has r~viewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and J WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance Regulating Planned Unit Developments; and WHEREAS, a public hearing was held and there was no opposition to the request; 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 to allow Gor-em, LLC. to develop a Planned Unit Development on said property with the following conditions: .' '. ) Page Two Resolution Special Use Permit - Planned Unit Development Fox Hollow - Gor-em, LLC. I. All variances associated with the approval of the Special Use Permit for the Planned Unit Development shall be approved with the approval of the preliminary plat. 2. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance . No.8, Section 5.03(D). 3. The Special Use Permit shall be subject to annual review by Staff. 4. The Special Use Permit for the Planned Unit Development shall be contingent on the approval of the comprehensive plan amendment, rezoning and preliminary plat of Fox Hollow. '\ . / 5. A property owners association shall be created with the following documents provided to the City for review and approval prior to being recorded with the final plat: a. Articles of Incorporation b. By-laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, maintenance of the commmon areas and other requirments as demmed necessary by the City. Adopted by the City Council of the City of Andover on this February. 1999. 16th day of _ CITY OF ANDOVER ATTEST lE. McKelvey, Mayor Victoria V olk, City Clerk / , ) " , / \ / Exhibit A Legal Description All that part of the North Half of the Northeast Quarter of Section 22, Township 32, Range 24 West, City of Andover, Anoka County, Minnesota which lies south of the north 60.00 acres thereof. and All that part of the South Half of the Northeast Quarter of Section 22, Township 32, Range 24 West, City of Andover, Anoka County, Minnesota which lies west of the following described line: Commencing at the southwest comer of said South Half of the Northeast Quarter; thence northerly along the west line of said South Half of the Northeast Quarter a distance of 445.00 feet; thence easterly along a line parallel with the south line of said South Half of the Northeast Quarter a distance of 1013.00 feet; thence southerly parallel with the east line of said South Half of the northeast Quarter a distance of 444.95 feet to the south line of said South Half of the Northeast Quarter and being the actual point of beginning of the line described; thence return northerly parallel with said east line of the South half of the Northeast Quarter a distance of 1313.78 feet to the north line of said South Half of the Northeast Quarter and said line there terminating. r : .- r' ~~I .,.. I 6' r .~1 ~:!.g I Locatj~n Map ~ <t? 4'1 . I ("\ (fc:. f\ ~7 r. ),..l...- =J! -.-.. -.L.....; I i r \{ / ~ ~~ / I ~ s~ , ~ II I i I r-, i · ~.." .I I J - ~ LJ- U t :::.:;j? I::i~~,~ ~o~ r- ,J' y; ..., >" i f:nI ':: ~ ~ ./ I .. ,,~..... I , - ~ H I I I I \ "" ~\G~I J J 3 i =- i'c:: L J I :}~,;~0,f~~~~ ~ '~ I '; \":'::i.::':::'/:.:~~.:'.//:,:>: '"" en' I, I G7:'1 ~?}:t:'>i - - ~ ,.--.. , f, ..::.......... "'" _ __'!-. :i~"'," ,~.. :.,.. ---:-'/ , i " '~'''--' _ "- 'e...... ...,.,....,' .. --~, "--' r . "r--- ~ .';.:'L\'/".. " NGfO~\ · if ' Ii """ , , I ~ '''1, s/ ;";f~JJl1foG~;~1 / i'~ ~ R..4f ., ..\ \ ~"'-.l ~ ~. \~ \ '1oC. ' '~/O I"\l: ' I~I'\.." ~\\ \ " "~~ I ____. ' , = .r-;.-"<..-, " " .;:;0 I I'\.- J I , I . ~~~cW'" ~ '\.. "'~'\ I ~~... J I '\./"SH7{HSAU ,....L. 't ~ '\.., I ~'" ';.fU 'Z ., ' '{'t~{ I ' ,":"'1'if';i'1;, , ~~ :; ~ " I I : ." '~ I :' :;,11' ,"c Il~~.L. i, ~ _ ' I' · I ~:;;:t:\Y.i!~. ->---.c! Sc . "i<.~ I ~~J>";::<:)':\::':,:~~:: : ~";o ~~;~"J '0 ~ ' .;;".' ';:.'..' ,.... ",- , · 5!" "'. '(". '. I ',- - ';;.; ,;;;..""'" , . ..., ~ ,'r. i.,:., ", "1" __: c-----,ii ~: .; ~ ':~ * I i _"" . ~ "0', " . . ,. ' v:' i~: 1:.;-;:;,::; :,; I I :, I r~~J'~ _ ~ ~. o:Pt:L I . . ''-''''-'j~ . . I "' ~~ r I 'r i I ! , t \. I , , ' , ; 1-1 I : , I , ~ I I , I I ~/ \ , I I ~-" I < J I I I ! I I " , J . ::;':(';':'::::'::";":;" L"" ..... , / CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JANUARY 12,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on January 12, 1999, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Dean Danniger, Douglas Falk, Bev Jovanovich, Jeff Luedtke, Jason Osberg None City Planning. Jeff Johnson City Planning, John Hinzman Community Development Director, Dave Carlberg Others Commissioners absent: Also present: / INTRODUCTION OF NEWMEMBERS Commissioners Danniger, Falk, Jovanovich and Osberg introduced themselves and shared some of their background. ~1r. Carlberg noted the City Council appointed Jay Squires as the Chairperson and Maynard Apel as the Acting Chair. APPROVAL OF MINUTES December 22, 1998: Correct as written. Motion by Apel, Seconded by Squires, the Minutes be approved as presented. Motion carried on a 2- Yes, 5-Present (Danniger, Falk, Jovanovich, Luedtke, Osberg) vote. ~ PUBLIC HEARINGS CONTINUED: COMPREHENSIVE PLAN AMENDMENT _ RU, RESIDENTIAL URBAN TO RiJf, RESIDENTiAL MEDIUM DENSITY and REZONING _ 4-1, SINGLE FAMILY RURAL TO R-4, SINGLE FAMILY URBAN AND M-I, MULTIPLE FAMILY and PRELIMINARY PLAT - SECTION 22/FOX HOLLOW/GOR-EM, llC , J 7:04 p.m. Mr. Carlberg stated the Commission is requested to table these items. The existing land use on the northern strip is Rural Residential. The public hearing notice incorrectly indicated it was Residential Urban. Staff needs to readvertise that public hearing notice with the correct land use designation. Regular Andover Planning and Zoning Commission .\leeting '/ .Iv/inures - January 12. 1999 Page 2 (Public Hearings: Section 22Fox Hollow/Gor-Em, LLC. Continued) ,"Iotion by Apel. Seconded by Luedtke, to continue these three items to the next meeting. Motion carried unanimously. 7:07 p.m. I ~Ir. Hinzman asked the Commission to discuss the concern raised by Staff of the M-l zoning district being developed with detached town homes. The Zoning Ordinance was established in the 1970s and does not address the concept of single family town homes. It addresses attached twin homes with common party walls bern:een them. He reviewed the chart with the M-l district requirements and 'all the variances that would be needed from those requirements for the proposed 37 detached cottage homes in this development. Those variances would be for the lot width, the lot depth, the front yard setback and rear lot setbacks. Considering the variances on this plat, one of the ways these developments have been done in the past is through the Planned Unit Development Ordinance, which allows the same density under the M-l district and clusters it with other areas preserved as common open space. Shadowbrook 3rd and 5th Additions were done in this fashion. The M-l zone would allow about 7.2 units per acre. About 4.7 units per acre is being proposed in this plat. The benefit of the PUD primarily is to do the multiples without a rezoning and the variances, and Staff is recommending it. The rest of the plat follows the requirements of the R-4 district. ~Ir. Hinzman stated in the new zoning ordinance. Staff will be looking at the M-l zone again so it matches the detached cottage homes being marketed today. Commissioner Ape! and Chairperson Squires preferred the PUD development because of the Grey Oaks PUD development immediately to the north. It seems to be consistent with the way that area is being treated. Chairperson Squires suggested if the Commission does see this as a PUD that they get enough information to make a judgement about the appropriateness of it, how it deviates from the ordinance and standards, etc. Commissioner Jovanovich agreed. Commissioner Falk asked how the developer feels about a PUD. Mike Quigley. Gor-Em, LLC, stated they have no problem with a PUD development. The only reason they requested a Comprehensive Plan Amendment on the M-l was because of the ambiguous nature of the ordinance. But a PUD was their first thought. Commissioner Falk stated he had no problem with a PUD. Mr. Carlberg noted this discussion is being brought forward by the Staff. The Commission generally favored this be done as a Planned Unit Development. No further action was needed. ORDINANCE REVIEW - ORDINANCE 79, TRANSIENT MERCHANT \ J Mr. Johnson stated the City Clerk reviewed the ordinance and indicated that the language and intent is okay. Some gender changes ....ill have to be made. Commissioner Osberg asked if the six-month period for a license is standard and consistent with other Andover ordinances. Mr. Johnson said yes. No changes were recommended by the Commission. Regular nino and Zoning Commission J,[eecing Jfinu - January 16. 1999 Page -I / described on the proposed resolution. ~[otion carried unanimously. Mr. Carlberg advised this request \vill be considered by the City Council on February 16, 1999. ~ rCBLlC HEARLYG: SPECL4l C:SE PER."IIT (SC.;P 99-01) - PlA,VNED [WIT DE VEL OP.VEVT - FOX HOLLOW - SECTIO:V 12 - GOR-Elf, lle ~fr. Carlberg stated the Commission is requested to review the Special use Permit request of Gor-em, LLC for a Planned unit Development (peD) to develop a mixed use residential development consisting of 80 single family residential lots and 37 detached single family townh()mes (cottagehomes) to be kno\m as "Fox Hollow." ~fr. Carlberg advised the property to be developed as the plat of the Pun of Fox Hollow is located north and west of the Oak View Middle School bet'.veen Hanson Boulevard NW and Nightingale Street ~"\V in Section 22, TO\\TIShip 32, Range 24. The property is currently zoned R-I, Single Family Rural. :\ rezoning of the property to R-4, Single Family Urban and M-2, ~[L11tiple Dwelling is being requested in conjun.:tion \vith this request. He advised of the backgrcund of this particular request. applicable ordinances, and the Commission's options to approve, deny, or table pending further information from the applicant or Staff. , J Commissioner Apd asked if the density was increased in the four areas of the PtJD. J\.fr. Carlberg stated there is nOi: a density L\'1Crease with this project and the PLTI concept is more related to the assocIation. open space. and the cottagehome area. Diane Thorsen ~lerz. Kingman Building Company, advised of the types of homes they build and buyers that tend to purchase them. She stated they have been building townhomes since 1984, just completed a 62-unit development in Elk River, and are now working in the City of St. Michael. All of the homes are association managed, always o\lmer-occupied and never rentals, have a maintenance-free exteriors, are professionally landscaped and maintained on the exterior portions. The developments have a harmonious exterior and the buyers they tend to attract are empty nesters, or 55 years and older. This is due to the lots not being very large which is not as attractive to families with children. Ms. Thorsen ~[erz stated a lot of the buyers are moving from homes they have lived in for many years, pay cash or put a substantial amount of money do\vn on the home, and want the to\';nhome lifestyle where they do not need to be responsible for exterior upkeep but \vant it well maintained. She stated the buyers are usually from the community or their friends and children live in the community so they don't \vant to leave the area She referred to Page 8 of their brochure which indicates a study shO\ving that within the next ten years, the empty nester population will grow by ten percent so more people will be looking for this type of housing. '. , J Ms, Thorsen Merz presented a picture of a twinhome located in Elk River. She advised the aCi. A.ndo....er Planning and Zoning Commission .Veeting -' tes - January 16. /999 ere 5 /~ / [~/ .... n...inhome units are not in as much demand as the townhome units which are preferred since the units are separated. She then reviewed a picture of the interior of the home and noted the options for skylights, fireplaces. and other upgrades. Ms. Thorsen Merz then reviev.red Page 6 of their brochure related to the to....nhome o....ner's association, monthly fees (approximately SI00), and the services covered by those fees. She advised of exterior restrictions to assure the development is kept looking nice. Also, pets are not allowed to be kenneled or fenced-in outdoors. Commissioner F alk asked if the association has a board of directors and maintenance Staff. ~fs. Thorsen .\-ferz stated the owners \vill all be members of the association and have voting rights. They will meet annually, elect a board of directors (three to six members), with one being a grounds person to supervise the exteriors. She explained that some associations decide to self- manage but she predicted a project of this size will be professionally managed. :VIr. Carlberg stated the PUD ordinance does provide for the creation of the association and those documents will be required to be submitted to the City for approval by the City Attorney to assure the project is done the way it should be done. Commissioner Dannig'~r stated some associations are slow to respond to exterior maintenance issues but he assumes the by laws will pre...ent this from happening and assure those issues are , addressed in a timely manner. Ms. Thorsen Merz stated she will have to research the by laws I and review the language regarding that concern. She noted that during the sumIner months the o\\ners reside in the units ::md are usually adamant about quick cleanup of storm debris or other exterior issues. .Vation by Apel, seconded by Jovano...ich, to open the public hearing at 7:37 p.m. .\-fotion c<h'Tied unanimously. Commissioner Apel stated this aspect has not been previously discussed. Mr. Carlberg stated it was discussed at the previous meeting but tabled so the public hearing notice could be corrected and the Pun option followed. Commissioner Jovanovich asked if this is the first project of this type in the City of Andover. Mr. Carlberg stated this is the first time Andover has considered a project of this kind but Shadowbrook is a similar project with larger units. He stated this is a unique project since the units are cottage-type and detached. There was no public input. Motion by Falk. seconded by Jovanovich, to close the public hearing at 7:40 p.m. Motion carried unanimously. " J Commissioner Jovanovich stated she supports the detached aspect which is more individualistic. - Regular .-lndo~'er Planning and Zoning Commission Jfeecing .'rfimues - January 16. 1999 , I Page 6 ~ \ \ , \ \ i \ \ , -"lotion by Jovano....ich. second~d by Apd, to recomm~nd to the City Council appro....al of the Special Cse Permit requested by Gor-em, LLC for a Planned Cnit Development to develop a mixed use residential development consisting of80 single family lots and 37 single family detached to""'-Momes (cottagehomes) to be kno\...n as "Fox Hollow" on the property legally described on the proposed resolution. Commissioner Osberg noted the letter from the Hennepin School District related to trails and asked if that has be~n resolved. ~1r. Carlberg stated it is included for the Commission's information and will be reviewed during the next agenda item. Motion carried unanimously. Chairperson Squires advised this item will be considered by the City Council at their meeting on February 16, 1999. PCBLIC HEARISG CO,VTlSCED: PRElI."fLY-l.RY PIA T - FOX HOllOW - SECTIO.V 11- GOR-E.V, lle. / ~1r. Carlberg stated the Commission is requested to review and approve the preli.....ninary plat for the planned unit d~....elopment of"Fox Hollow" locat~d in Section 22. TO\'mship 32, Range 2~, .-\noka County, ~[inn~sota as r~qu~st~d by Gor-em. LLC. He noted the development standards as contained in th~ peD appro....al. ~1r. Carlher5 noted this item was tabied at the January 12, 1999 Planning and Zoning Commission meeting to allow for readver':i3em~nt of the hearing notic~ for the Compr~h<:n5ive Plan amendment and to allo\'.I the developer to make application tor a special use permit for a planned unit de,;elopment. ~1r. Carlberg reviewed the general comments contained in his Staff report and COlnments by the .A~"1.cove:' Review Committee on the requested variance. He advised the request includes the following variance requests: .-\. Variance from Ordinance 10, Section 9.06.-\1 for Lot 18, Block 7 as the lot will not meet the lOa' buildability requirem~nts as speciti~d in this Section. A 20' ....ariance is being requested. B. .-\. variance to Ordinance ~o. LOt Section 9.05A for Block 2,5,6, and 7 as the length of these blocks exceed the ma'<.imum 660' requirement and 10' pedestrian ways are not proposed to be provided as required by this Section. Variances of740 feet, 1,390 feet and 835 feet are being requested respectively. A trail to the school is still being discussed for Block 2 and if acceptable a variance would not be needed for this block. C. .-\ variance to Ordinance No. la, Section 9.02C to allow Lot 10, Block 3 to access Nightingale Street NW as )jightingale is a designated Municipal State Aid street. , J D. A variance to Ordinance )jo. to, Section 9.06F for Lots 1-5, Block 5 and Lot 8, Block 1, to allow double frontage lots. FOX HOLLOW By GOR-EM , LLC / M-I ZONING REQUIREMENTS COMPARED TO THAT PROPOSED ITEM M-l PROPOSED Lot Area 6,000 sq. ft, 4,896 sq. ft. Lot Width (at setback line) 150 ft. (twin unit) 48 ft, Sideyard Setback From Street 30 ft. 25 ft. Sideyard Setback for Garage 10 ft. 6 ft. Sideyard Setback for House 20 ft. 6 ft, Rearyard Setback 30 ft. 15 ft (to common area) Lot Depth 150 ft, 102 ft. (to common area) , 30 ft. 25 ft. ) Frontyard Setback J " CITY OF ANDOVER REQUEST FOR CITY COUNCIL ACTION / DATE February 16. 1999 AGENDA SECTION Discussion AGENDA ITEM Preliminary Plat - Fox Hollow 5' Section 22 . Gor-em, LLC. ORIGINATING DEPARTMENT Andover Review Committee The City Council is requested to review and approve the preliminary plat for the planned unit development of "Fox Hollow" located in Section 22, Township 32, Range 24, Anoka County, Minnesota as requested by Gor-em, LLC. General Comments . The proposed preliminary plat is currently zoned R-l, Single Family Rural. Rezoning , " ofthe property to R-4, Single Family Urban and M-I, Multiple Dwelling is necessary. . The proposed plat is currently within the Metropolitan Urban Service Area (MUSA) (1995-2000 Phase). Municipal sanitary sewer and water are proposed to serve the site. . The proposed subdivision consists of 80 single family residential lots and 37 single family detached towrihome lots/units. . The developer and/or owner is responsible to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Coon Creek Watershed District, LGU, MPCA and any other agency which may be interested in the site.). Plannin!! and Zonin!! Commission Recommendation The Planning and Zoning Commission reviewed and discussed the preliminary plat at their January 12th and 26th meetings. The Commission is recommending approval of the preliminary plat with conditions as listed on the attached resolution. Also attached are the minutes from both Planning and Zoning Commission meetings. Andover Review Committee The Andover Review Committee (ARC) has reviewed the preliminary plat and their comments are as follows: / " I , / Comments bv the Andover Review Committee on Requested Variances There are variances that are being requested with the proposed preliminary plat. The list of variances are as follows: A. The developer is requesting a variance from Ordinance 10, Section 9.06Al for Lot 18, Block 7 as the lot will not meet the 100' buildability requirements as specified in this Section. A 20' variance is being requested. B. The developer is requesting a variance to Ordinance No. 10, Section 9.05A for Blocks 5&6 and 7 as the length of these blocks exceed the maximum 660' requirement and 10' pedestrian ways are not proposed to be provided as required by this Section. Variances of 1,390 feet and 835 feet are being requested respectively. C. The developer is requesting a variance to Ordinance No. 10, Section 9.02C to allow Lot 10, Block 3 to access Nightingale Street NW as Nightingale is a designated Municipal State Aid street. D. The developer is requesting a variance to Ordinance No. 10, Section 9.06F for Lots 1-5, Block 5 and Lot 8, Block 1 to allow double frontage lots. . / E. The developer is requesting a variance to Ordinance No.8, Section 6.02 for Lots 1- 14, Block 6, Lots 1-18, Block 7 and Lots 1-5, Block 8 (5' variances) to the minimum front yard setback requirement of 30'. A 25' setback is proposed. F. There will be other variances to Ordinance No.8, Section 6.02 related to setback, lot sizes, etc. for the detached towrihomes with the proposed lot box design and configuration utilizing the concept of common open space controlled by an association. Staff will discuss this in greater detail with the Commission at the meeting. Other Comments bv the Andover Review Committee 1. No grading is to commence on the site until such time as the City Council approves the preliminary plat and the City Engineer signs the Grading, Drainage and Erosion Control Plan, and a preconstruct ion meeting has been held between the City and the developer. 2. Sidewalks/trails (internal and external) should be discussed (Ordinance No. 10, Section 10.12) by the Commission. See the Park and Recreation Commission recommendation section of this report for further background information on this item. / 3. The timing of the extension of trunk watermain and sewer service to the property needs to be discussed with the Council. A well and lift station will be needed in the area and will be discussed with the Council as well. \ J 4. The developer is using a geotechnical engineer to determine the low floor elevation as provided in Ordinance No. 10, Section 9.06Al & Section 4. 5. There may be minor housekeeping changes needed on the plat. Staffwill present these items to the Council at the meeting as staff is still reviewing the most current submittal received on February 11, 1999. Park and Recreation Commission Recommendation The Commission reviewed the preliminary plat at their January 7,1999 meeting. The Commission is recommending a combination ofland (trails) and cash. Please consult the attached memo from Todd Haas, Parks Coordinator for background information on the P & R Commission's recommendation. 8.01 IDENTIFICATION AND DESCRIPTION a. Proposed name is Fox Hollow. , / d. Scale is 1" = 100' g. The preliminary plat and the grading, drainage and erosion control plan were prepared by Midwest Land Surveyors and Civil Engineers, Inc. 8.02 EXISTING CONDITIONS b. Total acreage is 46.7 acres. c. The existing zoning within 300 feet of the proposed plat has been shown. f. Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on preliminary plat per ordinance requirements. g. The boundary lines within 100 feet of the plat have been shown along with the names of the property owners. h. A Tree Protection Plan has been submitted to the Engineering Department for review and approval. , / J. A soil boring report shall be submitted to the City. 8.03 DESIGN FEATURES , ) a. The proposed right-of-way as indicated is 60 feet. c. The sanitary sewer, watermain, storm drains and street will be designed by the City's consultant. g. The setbacks for each lot are shown. h. The proposed method of disposing of surface water has been shown on the grading, drainage and erosion control plan. 8.04 ADDITIONAL INFORMATION b. Sewage disposal facilities will be municipal sewer. d. Rezoning of properties will be required. f. Flood Plain Management is regulated by the Coon Creek Watershed District (see Section 9.04(b) for additional information regarding the 100 year flood elevation). g. Street lighting is required and the installation costs will be paid for by the developer. , J j. The total linear road mileage for the proposed plat is 1.10 miles. k. Location of Area Identification Signs. No signs are being requested. 9.02 STREET PLAN a. The typical section, right-of-way and grade are indicated on the preliminary plat. 9.03 STREETS a. The proposed right-of-way is shown as 60 feet which conforms to standards by classification. n. Boulevard is required to be topsoil and sodded. 9.04 EASEMENTS b. A drainage and utility easement has been shown to follow the 100 year flood elevation. \ , / '\ J '\ J 9.06 LOTS e. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency , that may be interested in the site. 9.07 PARKS, PLAYGROUNDS, OPEN SPACES Park dedication as recommended by the Park and Recreation Commission. , / ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO _-99 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF FOX HOLLOW BY GOR-EM. LLC. LOCATED IN SECTION 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: 1. A variance from Ordinance No. 10, Section 9.06Al and Section 4 for Lot 18, Block 7 as the lot does not meet the 100' buildability requirement (20' variance). , J 2. A variance from Ordinance No. 10, Section 9.05A for Blocks 5&6, and 7 as the length of these blocks exceed the maximum 660' requirement and 10' pedestrian ways are not provided as required by this Section. variances of 1,390' and 835' are requested respectively. 3. A variance from Ordinance No. 10, Section 9.02C to allow the driveway access on Lot 10, Block 3 to remain on Nightingale Street NW. 4. A variance to Ordinance No. 10, Section 9.06F for double frontage lots on Lots 1-5, Block 5 and Lot 8, Block 1. Lots shall not front on Nightingale Street NW. 5. A variance to Ordinance No.8, Section 6.02 for Lots 1-14, Block 6, Lots 1-18, Block 7 and Lots 1-5, Block 8 to the 30' minimum front yard setback requirement. A 25' setback is proposed (5' variance). 6. Other Variances to Ordinance No.8, Section 6.02 related to setbacks, lot sizes, etc. for the single family detached townhomes (cottagehomes) with the proposed lot box design and configuration utilizing the concept of common open space controlled by an association. 7. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. , ) / Page Two Resolution Preliminary Plat - Fox Hollow February 16, 1999 8. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. 10, Section 9.07. 9. Contingent upon water and sewer trunk being brought to the property. 10. No grading shall commence until the City Council approves the preliminary plat and the City Engineer signs the Grading, Drainage and Erosion Control Plan, and a preconstruction meeting on the project has been held between the City and the developer. 11. The bikeway/walkway trail along Hanson Boulevard NW and Nightingale Street NW shall be constructed. Funding shall be a 50/50 cost share between the developer and the City. 12. Outstanding items of correction being completed to the satisfaction of the City. 13. The developer is utilizing a certified geotechnical engineer to establish the lowest floor elevations based on estimated groundwater levels and waiving the mottled soil requirement as provided in Ordinance No. 10, Sections 9.06Al and 4. 14. A bituminous trail shall be constructed between Lots 6 & 7, Block 2 from Linnet Street NW to the Oak View Middle School property. Adopted by the City Council of the City of Andover this 16th day of February, 19-.22.. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk , J * ) / CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JANUARY 12,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on January 12, 1999,7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Dean Danniger, Douglas Falk, Bev Jovanovich, Jeff Luedtke, Jason Osberg None City Planning. Jeff Johnson City Planning, John Hinzman Community Development Director, Dave Carlberg Others Commissioners absent: Also present: INTRODUCTION OF NEW MEMBERS Commissioners Danniger, Falk, Jovanovich and Osberg introduced themselves and shared some of their background. Mr. Carlberg noted the City Council appointed Jay Squires as the Chairperson and Maynard Apel as the Acting Chair. APPROVAL OF MINUTES December 22, 1998: Correct as written. Motion by Apel, Seconded by Squires, the Minutes be approved as presented. Motion carried on a 2- Yes, 5-Present (Danniger, Falk, Jovanovich, Luedtke, Osberg) vote. PUBLIC HEARINGS CONTINUED: COMPREHENSIVE PLAN AMENDMENT _ RU, RESIDENTIAL URBAN TO RM, RESIDENTIAL MEDIUM DENSITY and REZONING _ 4-1, SINGLE FAMILY RURAL TO R-4, SINGLE FAMILY URBAN AND M-l, MULTIPLE FAMILY and PRELIMINARY PLAT - SECTION 22/FOX HOLLOW/GOR-EM, llC , , , / 7:04 p.m. Mr. Carlberg stated the Commission is requested to table these items. The existing land use on the northern strip is Rural Residential. The public hearing notice incorrectly indicated it was Residential Urban. Staff needs to readvertise that public hearing notice with the correct land use designation. Regular Andover Planning and Zoning Commission Afeering / Afinutes - January 12. 1999 Page 2 (Public Hearings: Section 22/Fox Hollow/Gor-Em. LLC. Continued) Motion by Apel, Seconded by Luedtke, to continue these three items to the next meeting. Motion carried unanimously. 7:07 p.m. , I Mr. Hinzman asked the Commission to discuss the concern raised by Staff of the M-l zoning district being developed with detached town homes. The Zoning Ordinance was established in the 1970s and does not address the concept of single family town homes. It addresses attached twin homes with common party walls between them. He reviewed the chart with the M -1 district requirements and 'all the variances that would be needed from those requirements for the proposed 37 detached cottage homes in this development. Those variances would be for the lot width, the lot depth, the front yard setback and rear lot setbacks. Considering the variances on this plat, one of the ways these developments have been done in the past is through the Planned Unit Development Ordinance, which allows the same density under the M-l district and clusters it with other areas preserved as common open space. Shadowbrook 3rd and 5th Additions were done in this fashion. The M-l zone would allow about 7.2 units per acre. About 4.7 units per acre is being proposed in this plat. The benefit of the PUD primarily is to do the multiples without a rezoning and the variances, and Staff is recommending it. The rest of the plat follows the requirements of the R-4 district. Mr. Hinzman stated in the new zoning ordinance, Staffwill be looking at the M-l zone again so it matches the detached cottage homes being marketed today. -- Commissioner Apel and Chairperson Squires preferred the PUD development because of the Grey Oaks PUD development immediately to the north. It seems to be consistent with the way that area is being treated. Chairperson Squires suggested if the Commission does see this as a PUD that they get enough information to make a judgement about the appropriateness of it, how it deviates from the ordinance and standards, etc. Commissioner Jovanovich agreed. Commissioner Falk asked how the developer feels about a PUD. Mike Quigley, Gor-Em, LLC, stated they have no problem with a PUD development. The only reason they requested a Comprehensive Plan Amendment on the M-l was because of the ambiguous nature of the ordinance. But a PUD was their first thought. Commissioner Falk stated he had no problem with a PUD. Mr. Carlberg noted this discussion is being brought forward by the Staff. The Commission generally favored this be done as a Planned Unit Development. No further action was needed. ORDINANCE REVIEW - ORDINANCE 79, TRANSIENT MERCHANT " Mr. Johnson stated the City Clerk reviewed the ordinance and indicated that the language and intent is okay. Some gender changes ....ill have to be made. Commissioner Osberg asked if the six-month period for a license is standard and consistent with other Andover ordinances. Mr. Johnson said yes. No changes were recommended by the Commission. Regl./lar Ando~'er Planning and Zoning Commission ....feeting JIimaes - Janl./ary 26. 1999 Page 6 ,Votion by Jovanovich. seconded by Apel, to recommend to the City Council approval of the Special C'se Permit requested by Gor-em, LLC for a Planned C'nit Development to develop a mixed use residential development consisting of80 single family lots and 37 single family detached to.....nhomes (conagehomes) to be knov,m as "Fox Hollow" on the property legally described on the proposed resolution. Commissioner Osberg noted the lener from the Hennepin School District related to trails and asked if that has been resolved. i\.1r. Carlberg stated it is included for the Commission's information and will be reviewed during the next agenda item. Motion carried unanimously. Chairperson Squires advised this item ''fill be considered by the City Council at their meeting on February 16,1999. ~ PCBLIC HE.-tRISG CO,VTlSCED: PRElHfLY-tRY PL.-t T - FOX HOLLOW - SECTIO.v 22 - GOR-E.l-f, Lle. , , y1r. Carlberg stated the Commission is requested to review and approve the preliminary plat for .' the planned unit development of "Fox Hollow" located in Secticn 22. Tov.rnship 32, Range 24, .-\noka County, y{innesota as requested by Gar-em, LLC. He noted the development standards as contained in the PUD apprcval. i\.1r. Carlherg noted this item was tabled at the January 12, 1999 Planning and Zoning Commission meeting to allow for readvenisement of the hearing notice for the Compreh~nsive Plan amendment and to allow the developer to make application for a special use permit for a planned unit development. Y1r. Carlberg reviewed the general comments contained in his Staff report and corrunents by the A,nco'ie:- Review Committee on th.e requested variance. He e.dvised the request includes the following variance requests: A. Variance from Ordinance 10, Section 9.06Al for Lot 18, Block 7 as the lot will not meet the laO' buildability requirements as specitied in this Section. A 20' variance is being requested. B. A variance to Ordinance :\0. 10. Section 9.05:\ for Block 2,5,6, and 7 as the length of these blocks exceed the maximum 660' requirement and 10' pedestrian ways are not proposed to be provided as required by this Section. Variances of740 feet, 1,390 feet and 835 feet are being requested respectively. A trail to the school is still being discussed for Block 2 and if acceptable a variance would not be needed for this block. C. A variance to Ordinance No. 10, Section 9.02C to allow Lot 10, Block 3 to access Nightingale Street NW as Nightingale is a designated Municipal State Aid street. \ D. A variance to Ordinance No. 10, Section 9.06F for Lots 1-5, Block 5 and Lot 8, Block 1, to allow double frontage lots. \ \. \, \ \ \ \ '. Regular Ando....er Planning and Zoning Commission J-feecing ,\,[inures - Januar.' 26, f 999 \ Page i E. A variance to Ordinance ;-';0.8, Section 6.02 for Lots 1-14, Block 6, Lots 1-18, Block 7 and Lots 1-5, Block 8 (5' variances) to the minimum front yard setback requirement of30'. A 25' setback is proposed. F. There \vill be other variances to Ordinance ;-';0. 8, Section 6.02 related to setback, lot sizes, etc. for the detached townhomes with the proposed lot box design and configuration utilizing the concept of common open space controlled by an association. :\'[r. Carlberg noted that the existing home will continue to access ~ightingale Street. He noted the variances that v,'ere granted with the PlfD approval. ~rr. Carlberg read the other comments by the Andover Review Committee relating to grading, sidewalks/tails, timing of the extension oftrunJc watennain and sewer service to the property which will be served from a trunk from west of the Oak View Middle School. He advised there will be a need for a lift station to accommodate the sanitary sewer. Commissioner Ape! asked if there was consideration to a different route and using the Nightingale and Crosstown trunk to provide service. ~fr. Carlberg stated it was considered by the Task Force but that particular trunk would not be feasible to extend due to the expense. l\k Carlberg stated the watennain \vill be extended with the sanitary sewer and a well house will be needed either on this property or in the Grey Oaks project. '. I .' l\[r. Carlberg noted the need for some minor housekeeping changes on the plat which Staff has discussed with the applicant. \lr. Haas st~lted the Park and Recreation Commission reviewed the preliminary plat at their January 7, 1999 meeting and recommend a combination of land (trails) and cash. He noted the City has a Comprehensive Plan \vhich identifies the location oftrads to be built. \rr. Haas stated there is interest in constructing a trail in Grey Oaks to pick up foot and bicycle traffic wanting to get to the office ancLor retail complex. He advised the Commission recommends 10 foot trails along both sides of Hanson Boulevard NW and Nightingale Street NVV and the cost would be a 50-50 split between the City and the developer. Also, the following street sections would be proposed to be widened to 35 feet to accommodate a bike lane on both sides of the street: 154th Lane NVV between ;-';ightingale Street NW and Martin Street NW; Martin Street 'NW between I 54th Lane ~"\V and 155th Avenue N"\V; and 155th Avenue ~'\V between Martin Street NW and Hummingbird Street '::--i"\V. The additional street width from a 33 foot to a 35 foot width for these sections would be a 50-50 cost split between the City and the developer. The Commission also recommends Block 2, bet\veen Lots 6 and 7, have a 20 foot wide park access which will facilitate access to the Oak View Middle School. Mr. Haas stated the remainder dedication will be cash in lieu of land. ., / Commissioner Falk asked if the pathway at the southeast comer will remain. i.Vrr. Haas stated it will be removed and relocated between Lots 6 and 7, Block 2, to provide access to the school. Regular Ando~'er Planning and Zoning Commission -"feeting J,fimaes - January 16. 1999 Page 8 J .\o[r. Carlberg clarified that trail does not exist at this time. Also, the variance on the block length would not be needed with the 20 foot pedestrianway so that variance will be removed from the recommendation. Commissioner Osberg inquired about extending the trail south from the northern boundary. i\!r. Haas advised the School District property has a fence along that area as well as a pond so the School District felt that was not a good location to consider, and Staff agreed. Chairperson Squires asked if anyone wanted to speak. No one responded. Motion by Osberg, seconded by Apel, to close the continued public hearing at 7:58 p.m. Motion carried unanimously. Commissioner Apel stated he finds the proposed plat to be satisfactory. .\ok Carlberg suggested a condition be added related to a geotechnical engineer and developer submitting a report on the project which will be reviewed by a City geotechnical consultant, at the expense of the developer. He also recommended the Commission eliminate reference to the variance since the pedestrian way would be provided. '. , / Chairperson SquireS asked if the indication regarding "the Park Commission as recommended" is sufficient. .\ok Haas answered affmnatively. J-fotion by Ape!. seconded by Falk, to recommend to the City Council approval of the preliminary plat requested by Gor-em. LLC for "Fox Hollow" on the property legally described on the proposed resolution deleting Article 1 and adding Article 13 requiring a geotechnical analysis. which cost will be born by the developer, submitted and approved by the City geotechnical engineering consultant, and adding Article 14 indicating the pathway to the school will be moved from the southern boundary of the plat and relocated bet\veen Lots 6 and 7, Block 2. Motion carried unanimously. Chairperson Squires advised this item will be considered by the City Council at their meeting on February 16, 1999. oJiJJl:Y:4:.Y E REVIEW - ORDL\:4iVCE NO. 150, TRANSIEVT MERCHANT i\k Johnson reviewed chang de by Staff related to gender neutral language. Commissioner Falk inquired regarding the City newsp or getting public hearings out to the residents. l\Ifr. Johnson stated the Anoka Union is used as the l' aal newspaper at this time. The \ J Commission had no comment on this ordinance. ORDINA,VCE REVIEW - ORDINA.NCE NO. 251, UNNECESSA. , ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: Planning and Zoning Commission COPIES TO: ~ Todd J. Haas, Parks Coordinator FROM: DATE: January 21, 1999 REFERENCE: Fox Hollow Park Dedication Requirements ----------------------------------------- ----------------------------------------- , J The Commission reviewed the preliminary plat at their January 7, 1999 meeting. The Commission is recommending to accept a combination of cash and land. The land that is recommended to be accepted is a 20 foot wide parcel of land for a trail access to the Oak View Middle School between Lots 6 & 7 of Block 2. The Block 2 location is recommended by the Commission and the Andover review Committee due to that it is more centrally located for individuals from the neighborhood of Fox Hollow. The Anoka Hennepin School District #11 is also recommending this location (see attached memo). The access proposed at the east end of 155th Avenue NW to Hanson boulevard NW is also recommended by the Commission and the Andover Review Committee. Note: The school district at this point obviously has not determined if the area would be students walking to school or if they would be bused. But even if students were buses, there still would be after school activities (community education programs or after school sports activities) where students would still want to walk home rather than wait around for a bus or have their parents pick them up. Keep in mind, we are trying to keep options open so that the neighborhoods can enjoy the public facilities (both the school and the City Hall complex). As far as the trails are concerned, the Commission is recommending 10 foot trails along both sides of Hanson Boulevard NW and Nightingale Street NW and the cost would be a 50-50 split between the City and the developer. Also, the following street sections would be proposed to widen to 35 feet to accommodate for a bike lane on both sides of the street: 1. 154th Lane NW between Nightingale Street NW and Martin Street NW 2. Martin Street NW between 154th Lane NWand 155th Avenue NW 3, 155th Avenue NW between Martin Street NW and Hummingbird Street NW " / The additional street width from a 33 foot to a 35 foot width for these section would be a 50-50 cost split between the City and the developer. This is very similar to what was done in Woodland Estates development for bike lanes. JA-I-0S-! SS9 ! 5: 48 [SO :::11 ELCGS/GRDS 512 Se6 1293 P. 02/22 B, )ng &: Grounds Department ~ r.. KIinttLiDttt. fAAr!q 506-!223 1roltDphu .>r~.,. .r[m!JA! &(tl] SC6-/Z20 WIIl4I Wp, Optrl1titJM JCg.l2!I2 1mtf Irdt:, Proj<<:, 5()6.l2O 1 'Wuc ~.l{ain/el4Jla S06-I%!4 -- P.trlm4M, Site &: Grou4J SlJ6.l206 Learning Center! Distribution Comclex 2727 N. Ferry S~ Anoka, Minnesota 55303 (612) ~1203 FAX Memo To: Todd Haas. City of Andover Engineering Department From: Thomas Renm::lfJD, Supervisor of Sites and Grounds Date: January 5,1999 Re: A~ Path into School District Property along West Property Line at Oak View Middle School Dear Todd, The school district is aware of the proposed housing development immediately W<;:st of Oak View Middle School. As a result of this development there is an apparent need for an asphalt access walking path which wiUlead into the middle school property along the west property line. , / The school district agrees to work \\lith the City of Andover and the developer to locate this path in order to provide non-vehicular access into Oak View property from the west. rl"is access will be in a safe and appropriate location with respect to existing trails. athletic fields & events, and in order to maintain security for the school grounds. The costs associated with this path and who will pay them must be identitled. The school district should not be held responsible for expenses putting in asphalt paths and making an opening in the fence ~ce none of this would be done if it were not for this development We will need to reach an agreement on this before any fmal decisions can be made. Sincerely, ~ Thomas Redmann ) cc: Norm Hande, Principal of Oak View Middle School Tom Durand, Director of Administrative Services Louie Klingelhoets, Director of Buildings & Grounds 1 '- Pcr1't1uN in educatirutallliamn" m,.nn'.........A.' A....._:. _ _ _L_-,_ _. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \, J DATE: February 16. 1999 AGENDA SECTION Discussion Item ORIGINATING DEP AR!]1ENT Scott Erickson<bL- Engineering ITEM NO. Accept Petition/Order Feasibility Report! ~~-27/FOX Hollow The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer, watermain, street and storm sewer for Project 98-27, in the Fox Hollow area. " , / / \ , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER , PROJECT NO. 98-27, IN THE FOX HOLLOW AREA. WHEREAS, the City Council has received a petition, dated October 30. 1998, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: " / 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1.000.00 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 16th day of February , 19 99, with favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in voting Council members CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor , Victoria Volk - City Clerk J / ~ , ) J " / -) Y~/81 RFCEIVED "'---j ! OCT 3 0 1998 GOR-EM, LLC. 10732 Hanson Blvd. Coon Rapids, MN 55433 I CITY OF ANDOVER October 28, 1998 Scott Erickson City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mr. Erickson: Gor-em, LLC. does hereby petition for improvements of water main, sanitary sewer, storm sewer and street with concrete curb and gutter for Fox Hollow. The cost of the improvements to be assessed against the benefiting property, described as: Fox Hollow (said petition is unanimous and the public hearing may be waived) We request that a feasibility report be prepared as soon as possible. We have enclosed a check for $1000.00 for the expense of the report. The $1000.00 will be refunded upon execution of a 15% improvement escrow. Sincerely, " '~h {2~~L Mike Quigley /'"7 Director of Development ....fP 9 g- -- " -1 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: February 16. 1999 AGENDA SECTION Discussion Item ORIGINA TING DEPARTMENT Scott Erickson,d( Engineering ITEM NO. ~rder Plans & Specs/98-11/Jay Street Landscaping The City Council is requested to approve the resolution ordering plans and specifications for Project 98-11, Jay Street NW for landscaping.. Attached are portions of the original feasibility relating to the landscaping for Jay Street NW. As you will note, it is anticipated that the landscaping, street lighting and sidewalk (west side) proposed for Jay Street NW would be predominately funded from State Aid funds. Any non- eligible costs would be funded from TIF. Once the plans are complete and approved the State Aid Office the cost splits will be further defined and presented to the Council. , J , J " ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98-11 FOR THE AREA OF JAY STREET NW FOR LANDSCAPING IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the landscaping improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Jav Street NW for landscapina improvements, Project 98-11; and , / BE IT FURTHER RESOLVED by the City Council to hereby direct the SEH to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember City Council at a reaular meeting this 16th Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. and adopted by the day of Febru9rv ,19~, with voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk " '. J I I I ;' j I I j] I I I ,- ! I I 1 I !I 1 '\ I' J I. Recommended Improvements A. Sanitary Sewer Sanitary sewer would be extended from the stub at Bunker Lake Boulevard, south to the Kottke Bus Service office building. An 8-inch service stub would be extended to the proposed Andover Cinema site. All other services will be 6-inch. B. Watermain Ten-inch watermain would be extended between the stub at Commercial Boulevard, and the end of the existing watermain in Jay Street. Eight and six-inch services, and fire hydrants would also be constructed. C. Storm Sewer Storm sewer would be constructed from the existing stub at Commercial Boulevard, northward. Storm sewer would also be constructed southward from Bunker Lake Boulevard. The storm sewer at Bunker Lake Boulevard will discharge into the ditch west of Jay Street. It is anticipated that the ditch will be replaced by storm sewer pipe, with the County project. D. Streets The projected traffic, including' average daily traffic, peak volumes, and turning movements are all considered when determining the configuration of a new street. Our traffic analysis shows that a 2-lane divided roadway, with left and right turn lanes, would be the most suitable for this street. A 10-foot wide landscaped median is proposed to divide the roadway. The proposed layout is shown in Figure 2. Because of the large amount of traffic, turning movements will need to be restricted to a few intersections. Although this will create a hardship for some properties, it is the safest design for handling the increased traffic. The Kottke Bus Service's wide driveways will need to be reduced in width to meet State Aid standards. We will work with the bus company to design entrances that can meet their needs. It is proposed that this street be constructed to State Aid Standards, so as to be eligible for State Aid Funds. The plan will be prepared in metric units. E. Sidewalk ~ We recommend that a 5-foot wide concrete walk be built along the west side of the street. 2 11608 F. Traffic Signal We have informed the County that we believe a traffic signal should be constructed at the intersection of Jay Street and Bunker Lake Boulevard. The County is hesitant because of the short spacing between the existing signals at both Hanson Boulevard and Crooked Lake Boulevard. We are now reviewing traffic data to determine whether signal warrants are met. If they are, we will prepare a Signal Justification Report (SJR) to present to the County. If a traffic signal is approved by the County, we would expect that it would be built as part of the Bunker Lake Road project next year. B.ased on the County's standard cost sharing agreement, the City will pay about $115,000.00 of the estimated $150,000.00 cost of this signal. This cost to the City would be a State Aid eligible expense. G. Decorative Street Lighting The City has asked us to estimate the cost of decorative street lighting for this project, and throughout the Commercial Park. On Jay Street, we would recommend that the entire street be illuminated. This will require lights spaced at about 60-feet (for a 12- foot high pole) along each side of the street. Less lights are necessary if a taller pole is used. The electrical controller cabinet can easily be sized for use on the entire east side of the Commercial Park. State Aid will pay for the controller, conduit, wiring, foundations, and the cost of a standard pole. The additional cost of the ornamental pole, about $500.00, can be included as an eligible landscaping item. Eligible landscaping costs for a Municipal State Aid project are limited to 5% of the City's annual construction allotment. In Andover's case, this is about $50,000.00. Some of this amount will also be spent on new trees and shrubs; however, it appears that the entire cost of this item should be eligible for State Aid funds. Statement of Feasibility The recommended improvements are feasible from an engineering standpoint. The economic feasibility will have to be determined by the City Council and the Economic Development Authority (EDA). 3 11608 , C. Storm Sewer ; / No. Description Quantitv Unit Price Amount 1 Connect to Existing Storm Sewer 1 EA $ 500.00 $ 500.00 1 12" RCP 240 LF $ 20.00 $ 4,800.00 2 15" RCP 500 LF $ 23.00 $ 11,500.00 3 21" RCP 150 LF $ 27.00 $ 4,050.00 4 Standard Manhole 1 EA $ 1,200.00 $ 1,200.00 5 CB/Manhole 4 EA $ 1,700.00 $ 6,800.00 6 Cone Catch Basin 16 EA $ 900.00 $ 14,400.00 Subtotal $ 43,250.00 Indirect Costs ,$ 12,975.00 Estimated Construction Cost S 56,225.00 D. Street and Restoration Item Unit No. Description Quantitv Unit Price Amount .J 1 Mobilization 1 LS $15,000.00 2 Reclaim Bit. Surface 5640 SY $ 2.00 3 Common Excavation 3300 CY $ 3.00 4 Aggregate Base CL. 5 3150 TN $ 6.50 5 Cone. Curb & Gutter B624 5000 LF $ 7.25 6 Bituminous Base 850 TN $ 22.00 7 Bituminous Wear 850 TN $ 25.00 8 Sidewalk 6500 SF $ 2.00 9 Topsoil Borrow 450 CY $ 10.00 10 Sodding 2500 SY $ 2.00 11 Seeding 0.5 AC $ 1,000.00 12 . in 1 LS $ 3,000.00 13 Trees 50 TR $ 200.00 14 Shrubs 100 SH $ 50.00 15 Street Signs 70 SF $ 50.00 Subtotal Indirect Costs Estimated Construction Cost $ 230,562 " I 8 11608 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ i / DATE: February 16. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Ericksont Engineering ITEM NO. ~~rder Plans & Specs/98-22/Wellhouse #7 The City Council is requested to approve the resolution ordering plans and specifications for Project 99-22, Wellhouse #7. The Andover Review Committee has reviewed a number of building designs (see attached) for the wellhouse site. The site is located in an existing residential neighborhood and should aesthetically fit into its surroundings. The ARC is recommending a residential structure of both brick and vinyl which will compliment the adjacent neighborhood. The wellhouse will also be set up for Public Works to service residential and commercial meters and will have some storage area for the meters and other water related inventory. . -, The ARC is recommending a residential style building structure similar to the attached ) pictures. The cost of the structure will be similar to the cost of a standard brick wellhouse. " .J ,. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98-22 FOR WELLHOUSE #7. WHEREAS, the City Council is cognizant of the need for Wellhouse #7; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Well house #7, Project 98-22; and BE IT FURTHER RESOLVED by the City Council to hereby direct TKDA to \ prepare the plans and specifications for such improvement project. j MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 16th day of February, 19.Jm..., with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER voting ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk , " , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION "- ) DATE: February 16. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning ITEM NO. Approve Modifications q, Development Policy Guideline David L. Carlberg Community Development Director The City. Council is requested to approve the modifications to the Development Policy Guideline. The modifications are being proposed at the direction of the City Council. The Council, on December 1, 1998, directed Staff to prepare language in the development policy that sets a July 1st deadline for the submittal of preliminary plats for urban developments. Section 3, Subd. A provides for this deadline. This Section also reconfirms the December 31 preliminary plat approval deadline. Staff will be meeting with developers to inform them on the policy changes upon Council adoption. Staff will also be meeting with landowners in the 2000-20005 MUSA time frame to plan for the MUSA allocations for the next five years. ., ) Note: Staff has updated Exhibit A as well to more accurately reflect development dates and acreages. , ., ; / DEVELOPMENT POLICY GUIDELINE , / ARTICLE I - ANNUAL IMPROVEMENT PROGRAM SECTION 1. PURPOSE The purpose of this Article is to establish an outline of the procedure to be employed in the City of Andover for considering improvements originating either through petition, or Council initiative. This Article also provides an outline of developer responsibility and guarantees. SECTION 2. INTENT It is the intent of the Andover City Council to consider public improvements only once during each calendar year, except as otherwise provided in this policy. Subd. A. Justification " 1.) The location of Andover in the metropolitan area and the projected growth patterns, will result in a change from a basically rural to an urban character. It is necessary and advisable that this transaction occur in an orderly process. An orderly process must be of prime concern to ensure that proper planning, safety, financial consideration, citizen participation and reorganization of change is accomplished and understood. J 2.) This policy is not intended as a vehicle to impair growth and development; rather it is to assure that the growth and development, where it occurs, will be in an orderly manner utilizing proper planning and sound fiscal management. SECTION 3. PROCEDURE Subd. A. Preliminary Plat 1.) Submittal. A preliminary plat for urban developments shall be submitted to the City for Andover Review Committee review in accordance with Ordinance No. 10. Section 7.02 on or before July 1 of each year to develop in the followinq year. 2.) Approval. A preliminary plat for urban developments shall be approved by the City Council on or before Decemeber 31 of each year to develop in the followinQ year. " J , , Subd. B. Petitioned Improvements / 1.) Petitions for streets, sewer, water and storm sewer, etc. must be received by the City on or before December 31 of each year for an urban plat consisting of 20 or more lots/units and on or before January 31 of each year for an urban plat consisting of fewer than 20 lots/units. Petitions for improvements in new subdivision will be accepted only if a preliminary plat has been approved by the City Council. 2.) ProjectslDevelopments located in the Metropolitan Urban Service Area (MUSA) shall follow the time schedule illustrated on the attached Exhibit A. The Council may amend the time schedule as deemed necessary. 3.) Upon receipt, the Council shall refer the petition to the City Engineer for preliminary study and report. The City Engineer and/or Consulting Engineer shall prepare and submit to the Council, a feasibility study and report on all proposed improvements by the second regularly scheduled Council meeting in January. 4.) Upon completion of the hearings, the Council will decide to order or to abandon each proposed improvement. For those improvements ordered, the Council shall: / a) Order preparation of final plans and specifications, approve them, call for bids and may award contract(s). b) Authorize Attorney to acquire all easements through negotiations or condemnation. c) Approve bond form, authorize and award sale of improvement bonds. The Council may authorize sale at any time total improvement cost estimates are known; however, delivery of bond monies cannot be made until after improvement contracts are executed. Subd. B. Council Initiated Improvement Considerations 1.) As part of its role, situations arise whereby the Council desires to consider projects on its own initiative. Similarly, it is an administrative responsibility to bring needed or visible improvements to the attention of the City Council. I / 2.) The procedure for this method of improvement origination and consideration follows the same pattern as outlines for petitioned improvements, except that the initial petition form is not required. In 2 , ) place of the petition, either a member of the Councilor the Administration presents a proposed resolution referring proposed improvements to the City Engineer and/or Consulting Engineers to prepare a feasibility report. Subd. C. Non-Assessable Proiects 1.) Non-assessable projects can generally be described as those which provide a general benefit to the entire community rather than direct or areal benefits to a specific portion of the City. Examples of such improvements would be municipal wells, interceptor sewer lift stations, water storage facilities, and water treatment facilities. Such improvements are normally financed from funds dedicated for the specific purposes intended. 2.) Initiation. Non-assessable projects would typically be Council initiated, as scheduled in the Five-Year Capital Improvement Program(CIP). Due to the generally unique nature of these projects, combining as part of an annual improvement program would serve no useful purpose. , / 3.) Procedures. The procedures for implementation of a non-assessable project shall be the same as those prescribed herein for Council initiated projects, except that the schedule shall be as established by Council as part of the CIP process. 4.) Hearings. Public hearings are generally not required for those projects, and will not be held unless specifically required for a given project. SECTION 4. DEVELOPER RESPONSIBILITIES Subd. A. Development Agreement Thirty (30) days prior to ordering improvements for a proposed subdivision or development, an agreement with the developer which details the nature of the development, the schedule for implementation, the role for the developer, the role of the City and other affected agencies, and other items as may be deemed advisable by the City Attorney shall be entered into by the City and developer. The development agreement shall become effective at such time as the Council orders the improvement(s). No improvement shall be ordered without a mutual agreeable agreement in place. ! / 3 , ) Subd. B. Developer Guarantees As stipulated in the development agreement, the Developer shall post with the City surety(ies) in a form acceptable to the City Attorney, and in amounts approved by the City Engineer for the following purposes: 1.) Developer's improvements (grading, lot staking, erosion control, street lighting, etc.). 2.) Assessments for Public Improvements: a.) Street Grading and Drainage, b.) Utilities (Sanitary Sewer, Water and Storm Sewer), c.) Street Construction (Concrete Curb and Gutter, Gravel Base and Bituminous Pavement), d.) Boulevard Restoration. 3.) Relocation and/or Protective Improvements for Non-Municipal Utilities (Cash Deposit Only). 4.) Developer-Constructed Public Improvements if so approved by the City. '\ ;' SECTION 5. ENGINEERING OPTIONS AND RESPONSIBILITIES The City Engineer shall have the option and be responsible for expanding petitions to provide for continuity and rational extension of proposed improvements. Whenever this occurs, it shall be brought to the attention of the Council in the feasibility study and report. The Council shall then give consideration to altering the proposed improvement from petitioned improvements to Council-Initiated. In the interests of economy, the City Engineer shall combine like-type improvements in developing the final plans and specifications to reduce improvement costs. SECTION 6. IMPROVEMENT AHEAD OF SCHEDULE The Council may give consideration to advancing developer financed improvements subject to the following: Subd. A. Applicant(s) shall state intention with the petition for improvement and may include a request for waiver of hearing. " J / Subd. B. Council shall refer petition to the City Engineer for feasibility study and report, and shall determine whether or not a public hearing is required or warranted. If a public hearing is required or warranted, the City 4 Engineer shall indicate to Council how long the feasibility report will take, / and shall set the public hearing date accordingly. If there is no public hearing, consideration will be given upon submission of the feasibility study and report. Subd. C. Council shall consider improvement proposal after receipt of feasibility study and report. If Council approves the proposed improvement, preparation of final plans and specifications will be ordered upon receipt of a security deposit of one and one-half (1%) times the City Engineer's cost estimate to prepare the plans and specifications. Subd. D. Council then shall approve final plans and specifications, order call for bids, receive bids and award contract. Any easements necessary will be so authorized for acquisition by the City Attorney. SECTION 7. RURAL STREET IMPROVEMENTS All new development located outside the MUSA will require to meet the Standard Specifications for Rural Residential Street Construction. / The City shall not construct rural streets under public contract where a new subdivision is being or has been created unless the benefiting property owners petition the City and proceed as authorized by Chapter 429, Laws of Minnesota. The City may, at its option, consider public contract construction of rural street improvements where an unimproved rural road presently exists. This option shall be exercised on a priority basis with rural roads having the potential to become routes of collector classification or higher, given the highest priority. The second priority will be given to other streets where the best interests of the general public are served. SECTION 8. NON-MUNICIPAL UTILITIES Where non-municipal utilities, such as pipelines and electrical lines cross a subdivision, it shall be the responsibility of the developer to pay the costs necessary for the relocation, realignment, and/or protection of such non-municipal utilities. The developer will have the following option: Subd. A. The developer may have the utilities relocated, realigned, and/or protected by the appropriate utility company in advance of Council ordering any public improvement project. Approved by the City Council on November 16, 1993. , , Revised: July 16, 1996 January 21, 1997 February 16, 1999 5 , , PETITION: Council Declare Adequacy, Order Report Receive Report Public Hearing Process Plans and Specifications Bidding Process Award Bid Construction Total Time Assessment Process devpguid,doc 5 to 6 months 2-3 weeks 5 weeks 3 weeks 4 weeks 5 weeks 2 weeks 22 weeks 3 months 8 to 9 months 2 months 10 to 11 months 12 weeks 34 weeks 8 weeks 42 weeks 6 / Exhibit A Development Phasing February 16, 1999 , , , Development 1996 · 1997 1998 . 1999 I 2000 I Shadowbrook Additions 86' 38 49 21 [ , 194 , Cherrywood Estates , 14 I , , , 14 Woodland Estates , 74 74 , Crown Pointe East 2nd 22 I 22 I ! I , Chesterton Commons Additions , 32 , 53 i I , 85 , I Chesterton Commons North I , I 191 , I I 19 Cambridge Estates I , i 251 25 I Rosella , . , , 41 , I 41 Grey Oaks . , 32, I 32 Nova 7 , , , I 11 : I 11 Camp 9 , 9' 9 , I W. Hills 4th , I i I 40: , 40 , Sophie South i I 27: 27 ; Fox Hollow , I 41 i , , 41 Unallocated (Prairie Rd) I 261 26 100 166 49 191 154: 660 / / '. Regular Andover City Council Jleeting J J,linutes - December 1. 1998 Page 9 (Update Residential Development Projects for 1999, Continued) Bob? - thought the PUD shows 15 townhomes by his property. Will all this be homestead property? The Council understood some will be rental for seniors. The remaining tovmhome and single family homes will be geared toward the empty nester market. Federal law prohibits putting age restrictions on marketing housing. Russ? . 157 44 Nightin~ale - appreciated the development placing the multiple dwellings toward the Hanson Boulevard side and the single family houses on the Nightingale side. But while there are technically single family dwellings, they are not detached, and it doesn't have the look and feel of single family dwellings. They are concerned with accomplishing that transition from single family to multiple within the current plat. He is concerned with the method of transition, as it seems like a lot of people will be crammed into that area. The Council felt that should be looked at, as they were under the impression that most of the multiples were in the interior. \ / The Council discussion returned to the action to be taken on the Fox Hollow and Grey Oaks plats. Attorney Hawkins advised that because both plats have been submitted and are in the process, that they must be treated the same. The Council noted the issue of whether to honor Mr. Windschitl's request to put his items on the December 15 agenda, to hold a special meeting the last week in December to act on the plats, or to carry the plats over to January, 1999. Motion by Dehn to extend the time frame until July 1, 1999, for the two plats of Grey Oaks and Fox Hollow. There was no Second. Councilmember Dehn explained six months would allow time for the Staff to review the developments plus would allow time for the neighborhood to work out their issues. Mr. Carlberg stated the plats that are in process will be before the Council in January barring any issues at the P & Z. While Councilmembers Knight and Kunza questioned the wisdom of extending the deadline, especially since this is the third year of that requirement, Councilmember Orttel felt the major difference is that the Staff is asking for more time to review the plats. The plats meet the technical requirements, as both plats could be approved by the end of the year. But the residents are asking for an extension, Staff is asking for C1!1 extension, and the City Attorney has said both plats need to be treated the same. That is why he supports extending the December 31 deadline. -<< Jl-fotion by Orttel, Seconded by McKelvey, to extend the time frame for the two plats of Grey Oaks and Fox Hollow with a January 31 deadline for the approval, and;;etting July 1 as the submission .date for future plats. Motion failed on a 2-Yes (McKelvey, Orttel), 3-No (Oehn, Knight, Kunza) vote. . , Motion by Dehn, Seconded by Orttel, to extend the time frame until July I, 1999, for Grey Oaks and Fox Hollow with all negotiated in a more neighborhood-friendly type atmosphere; and also the next ) guideline deadline would be July 1 for the submission of plats for the year 2000 development. Only these two plats can be extended because they technically could have been completed within 1998 but additional time was needed per Staff request. Motion carried on a 3- Yes, 2-No (Knight, Kunza) vote. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: February 16, 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson~ Engineering ITEM NO. Discuss Geotechnical ReportlWoodland DevelopmenU Timber River Estates/Lot 2, Block 5 1(\ , The City Council has been requested by Woodland Development Corporation to approve a geotechnical analysis for establishing the lowest floor elevation for Lot 2, Blk 5, of Timber River Estates as currently allowed under City ordinance No.1 O. As the Council may recall, Woodland Development did utilize a geotechnical analysis on a number of the lots within this development when the original preliminary plat and grading plan were approved in 1997. As has been the past practice, we have sent Woodland's geotechnical analysis to a second geotechnical engineer for review, at the developer's expense. If this request is approved by the City Council it should be approved contingent on a successful recommendation being provided by the second geotechnical engineer and that any stipulations provided by both geotechnical will be strictly adhered to. / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 10Y AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: Section 4. Definitions. Buildable Lots: A. In areas lacking municipal sanitary sewer. all lots or parcels shall have an area of at least 39,000 22.500 square feet with a finished grade of at least six and on half (6.~') feet above the seasonal high water mark. All organic material shall be removed and replaced with granular material with no more than five percent (5%) organic material by volume. The lowest floor shall be at least three (3') feet above the seasonal high water mark highest knovm and/or recorded ',vater tal*e in the area of construction pursuant to Ordinance No. 17 as amended unless evidence is submitted and certified bv a geotechnical engineer that shall be reviewed and certified bv an independent geotechnical engineer hired bv the City at the expense of the developer and approved bv the City Council that a separation of less than three (3') feet can be achieved and is warranted. B. In areas served bv municipal sanitary sewer. all lots or parcels shall have all organic material removed and replaced with granular material with no more than five percent (5%) organic material by volume for the front one hundred (100') feet of depth of the lot at a minimum width of the lot as required for that zoning district by the Zoning Ordinance. The lowest floor shall be at least three (3') feet above the seasonal high water mark hi;hest knO\m and/or recorded 'liater table in the area of construction pursuant to Ordinance No. 17 as amended unless evidence is submitted and certified bv a geotechnical engineer that shall be reviewed and certified bv an independent geotechnical engineer hired bv the City at the expense of the developer and approved bv the City Council that a separation of less than , three (3') feet can be achieved and is warranted. ) ') ! .- Page Two Ordinance No. 10 Amendments September 25, 1996 Section 6. Sketch Plan. 6.03(B) A rough sketch of the site showing its general shape and location of wetlands. forested areas. proposed ponding locations. adjacent roadways, Municipal State Aid designations. waterways, and any other significant features of the immediate area. Section 8. Required Preliminary Plat Data. 8.02(1) A copy of!M.restrictive covenants, if any, concerning all abuttin; land ~ properly being platted shall be filed with the preliminary plat. Section 9. Subdivision Design Standards. ~ ' \ 9.03(B) Defeetiens. 'Where horizontal street lines aeflect llom each other at any ) point more than ten (10) de;rees, said street centerlffies shall be connected by a curle with a radius of not less than two hundred (::!QO') f-eet for minor streets and such a greater radius in the case of other streets as the Plar.nin; Commission may determine. 9.03(B) Deflections. Where horizontal street lines deflect from each other at any point more than ten (10) degrees, said street centerlin@s shall be cOIH1@cted by a cur.'e with a radius of not less than tv..o l:n:mdred (::!OO') f-eet for minor streets and such a ;'feater radii in the case of other streets as the Planning Commission may determine. 9.03(B) Horizontal Curves. The minimum horizontal curve radius on minor streets shall be fifty (50') feet or as required bv the City Engineer. 9.06 Lots. .' A. Minimum Lot Size. The minimum lot area and dimension shall be as specified in the respective zoning districts of the City Zoning Ordinance, and in addition, the following standards shall apply: '\ ) ,~ \ ) Page Two Ordinance No. 10 Amendments September 25, 1996 Section 6. Sketch Plan. 6.03(B) A rough sketch of the site showing its general shape and location of \vetLands. forested areas. proposed ponding locations. adjacent roadways, Municipal State Aid desig:nations. waterways, and any other significant features of the immediate area. Section 8. Required Preliminary Plat Data. 3.02(1) A copy of~restrictive covenants, if any, concerning all abuttin; lan,d ~ llmpertv being platted shall be filed with the preliminary plat. Section 9. Subdivision Design Standards. " ./J(B) Defections. ~.vhere horizontal street lines deflect from each otaer at ili'1)' ?0h":t more than ten (10) de;rees, said street centerlines shall be co:mected by a s'-',~[\'e v,ith a radius of not !ess than t',YO hundred C:~OO') feet for minor streets :md ~'_'€h a ;reater radius in the case of other streets :lS the PJilrJlin; Commission may "b1:ermine. 9-.03(B) Deflections. Where horizontal street lines deflect from each other at an)' p-e-:at morE! than ten (10) desrees, said street centerlines shall be conn~ '2;.:1"e with a radius of not less than 1:\>:0 hundred C:~OO') feet for minor streets and SHch 0. ::;:-eater radii in L1.e case of other streets as the Plannin::: Commission may - -- --l . ",etermme. 9.03(B) Horizontal Curves. The minimum horizontal curve radius on minor streets shall be fifty (50') feet or as required bv the City Engineer. 9.06 Lots. .' A. Minimum Lot Size. The minimum lot area and dimension shall be as specified in the respective zoning districts of the City Zoning Ordinance, and in . 'dition, the following standards shall apply: , I ,-,,^, \ -:::> '~ / \ ) Page Three Ordinance No. 10 Amendments September 25, 1996 AI. Municipal Sanitary Sewer. In areas served by municipal sewer systems, no lot shall contain less than 11,400 square feet nor have a width ofless than eighty (80') feet at the building setback line. Adequate rear yard area shall be provided to maintain a utilizable space for each lot as determined by the Planning Commission. Comer lots shall be a minimum of one hundred (100') feet wide as measured at the building setback line or ninety (90') feet wide for back to back lots with a thirty-five (35') foot front setback, except for two-family lots which shall be required to be one hundred fifty (150%) percent ofa single family minimum area and width. Residential lots shall be required to have the lowest floor to be a minimum of three (3') feet above the mottled soils seasonal high water mark or one foot above the designated or designed one hundred year flood elevation, whichever is higher unless evidence is submitted and certified bv a geotechnical engineer that shall be reviewed and certified bv an independent geotechnical engineer hired bv the City at the expense of the developer and approved bv the City Council that a separation of less than three (3') feet can be achieved and is warranted. Any subdivision, lot split or replatting of existing developments shall be required to meet the standards of the original development or to meet the average size of the existing lots. On continuing streets where houses were constructed prior to the adoption of Ordinance 10H, adopted AprilS, 1983, the setback shall be thirty-five (35') feet unless the existing structures would indicate a lesser setback to maintain uniformity in R-2, R-3, R-4 districts. A2. Areas Lacking Municipal Sanitary Sewer Within the Urban Service Area. In areas lacking municipal sanitary sewer within the Metropolitan Urban Service Area, no lot shall be developed for residential purposes unless it contains a minimum of39,OOO 22.500 square feet of contiguous buildable land area with a minimum width of one hundred fifty (150) feet and a minimum depth of one hundred fifty (150) feet and has a minimum lot width of at least one hundred sixty- five (165') feet as measured at the front setback line. In addition. there shall also be two (2) " 000 square foot areas designated and staked for the primar:y and secondar:y on-site septic drain field based on the design criteria for a four (4) bedroom home. The designated drain field locations as stated above shall complv with Chapter 7080 as amended. The location of the primar:y and secondar:y sites Page Four Ordinance 10 Amendments September 25, 1996 / ' ) shall be indicated on the preliminar:y grading plan and the design specifications for the drain fields shall be submitted with the submittal of the preliminar:y plat. Said lot shall be required to have a minimum finished grade of at least six (6') feet above the seasonal high water mark and also require the lowest floor to be a minimum of three (3') feet above the mottled soils seasonal high water mark or one foot above the designated or designed one hundred year flood elevation, whichever is higher unless evidence is submitted and certified by a geotechnical engineer that shall be reviewed and certified bv an independentindepeRGant geotechnical engineer hired bv the City at the expense of the developer and approved bv the City Council that a separation ofless than three (3') feet can be achieved and is warranted. The preliminary plat shall show a feasible plan for the future resubdivision by which lots may be in areas served by municipal water and sanitary sewer systems. A3. Areas Lacking Municipal Sanitary Sewer Outside the Urban Service Area. In areas lacking municipal sanitary sewer outside the Metropolitan Urban Service Area, no lot shall be developed for residential purposes unless it contains a minimum of 108,900 square feet, of which 39,000 22.500 square feet of contiguous land area is buildable with a minimum width of one hundred fifty (150') feet and a minimum depth of one hundred fifty (150') feet. In addition. there shall also be two (2) 5.000 square foot areas designated and staked for the primary and secondary on-site septic drainfield based on design criteria for a four (4) bedroom home. The designated drainfield locations as stated above shall complv with Chapter 7080 as amended. The location of the primary and secondar:y sites shall be indicated on the preliminary grading plan arid the design specifications for the drainfields shall be submitted at the time of the submittal of the preliminar:y plat. Said lot shall be required to have a minimum finished grade of at least six (6') feet above the seasonal high water mark and also require the lowest floor to be a minimum of three (3') feet above the seasonal high water mark or one foot above the designated or designed one hundred year flood elevation, whichever is higher unless evidence is submitted and certified bv a geotechnical engineer that shall be reviewed and certified bv an independent geotechnical engineer hired bv the City at the expense of the developer and approvedbv the City Council that a separation ofless than three (3 ') feet can be achieved and is warranted. Said lot shall also have a width of at least three hundred (300') feet ~ ( ", , , "- , Page Four Ordinance 10 Amendments September 25, 1996 / ( ~ shalt be indicated on the preliminary grading plan ,md the design specifications for the drain fields shalt be submitted with the submittal of the preliminary plat. Said lot shall be required to have a minimum finished grade of at least six (6') feet above the seasonal high water mark and also require the lowest floor to be a minimum of three (3') feet above the mottled soils seasonal high water mark or one foot above the designated or designed one hundred year flood elevation, whichever is higher unless evidence is submitted and certified bv a geotechnical engineer that shall be reviewed and certified bv an independentiR4epenc::mt .geotechnical engineer hired bv the City at the expense of the developer and approved bv the City Council that a separation of less than three (3') feet can be achieved and is warranted. The preliminary plat shall show a feasible plan for the future resubdivision by which lots may be in areas served by municipal water and sanitary sewer systems. A3. Areas Lacking Municipal Sanitary Sewer Outside the Urban Service Area. "- , ) In areas lacking municipal sanitary sewer outside the Metropolitan Urban Service Area, no lot shall be developed for residential purposes unless it contains a minimum of 108,900 square feet, of which 39,000 22.500 square feet of contiguous land area is buildable with a minimum width of one hundred fifty (150') feet and a minimum depth of one hundred fifty (150') feet. In addition. there shall also be two (2) 5.000 square foot areas designated and staked for the primary and secondarY on-site septic drainfield based on design criteria for a four (4) bedroom home. The designated drainfield locations as stated above shall complv with Chapter 7080 as amended. The location of the primary and secondarY sites shall be indicated on the preliminary grading plan arid the design specifications for the drainfields shall be submitted at the time of the submittal of the preliminary plat. Said lot shall be required to have a minimum finished grade of at least six (6') feet above the seasonal high water mark and also require the lowest floor to be a minimum of three (3') feet above the seasonal high water mark or one foot above the designated or designed one hundred year flood elevation, whichever is higher unless evidence is submitted and certified bv a geotechnical engineer that shall be reviewed and certified bv an independent geotechnical engineer hired bv the Citv at the expense of the developer and approved bv the City Council that a separation ofless than three (3 ') feet can be achieved and is \varranted. Said lot shall also have a width of at least three hundred (300') feet ~ / '\ \ ";"'" , / Page Five Ordinance No. 10 Amendments September 25, 1996 measured at the fum1 building setback line. For lots which abut a cul-de-sac, the lot width at the front setback line is to be one hundred sixty (160 ') feet. Two lots maximum are allowed at the end of each cul-de-sac regarding lot width. The preliminary plat shall also show a feasible plan for the future resubdivsion by which lots may be resubdivided to meet the size and dimension standards of lots in areas served by municipal sanitary sewer where the City deems it necessary- in those areac; that can be served in the future. Adopted by the City Council of the City of Andover this_~ Septembet:-, 1996. day of ATTEST: CITY OF ANDOVER ;.~.7n~J<~ J. E. McKelvey, Mayor J li~ /$ Victoria V olk, City Clerk .' , / BRAUN'. INTERTEC Braun Intertec Corporation 101 7 109th Avenue Northeast Blaine, Minnesota 55434,3729 612-4B7.3245 Fox: 754.2750 '\ ) Engineers and Scientists Serving the Built and Natural Environments February 9. 1999 Project No, BPDX-96-073A Mr. Byron Westlund Woodland Development 830 West Main Street Anoka. Minnesota 55303 Dear !'vIr. Westlund: Re: Geotechnical Reviewal and Recommendations. Groundwater Control for the Proposed House at Lot 2. Block 5. Timber River Estates in Andover. Minnesota. This letter summarizes our geotechnical opinions and recommendations based on our reviewal of the available geotechnical information relative to the above referenced lot. Our reviewal was performed to evaluate the significance of gfoundwater conditions relative to the presently proposed house floor elevation for this lot. " / Summary of Soil and Water Conditions Soil and groundwater data is available from penetration test borings. piezometers, and a geotechnical evaluation previously performed by Braun Intertec for this housing development in 1996 and 1997. That data indicated the general subsurface conditions throughout the development include interbeded layers of sands and clays. mottled soils. and variable water levels. Based on that data. the mottled soils and variable water levels are attributed primarily to perched groundwater. The above mentioned evaluation included an appraisal of the mottled soil and perched water data for impact on proposed building construction. Based on that evaluation. a drain tile system was installed within much of the western portion of the development to intercept perched water and direct it away from proposed building sites. The drain tile was not installed adjacent to this lot. Bes ides installation of the drain tile system. it was further recommended that many of the . . building sites in the western portion of the 'development be evaluated on an individual basis. . during the excavation of the basement for the house. "- J In 1998. Braun Intertec personnel observed the footing and basement excavations at several lots located in the western portion of the development. including Lot 3. Block 5 located adjacent to the current proposed building site at Lot 2. Typically, no groundwater or wet soils have been observed at the base or sidewalls of the excavations or to depths of 3 to 7 feet explored by hand borings beneath the lowest floor slab elevations. As a precaution against water seepage into basements. it was our understanding that perimeter drain tile was installed around the houses on each of the lots we have observed. \ J Woodland Development Project :--10, BPDX-96-073A February 9. 1999 Page 2 We understand a shallow bore hole was recently performed by Hakanson Anderson Associates, Inc. within the proposed house area on Lot 2. Block 5, Even though groundwater was not observed in that bore hole. mottled soil was observed at about 3 feet beneath the ground surface. That depth corresponds to an approximate elevation of 887, It is our opinion that those results are consistent with the subsurface conditions anticipated based on the previous soil boring and geotechnical evaluation results. No previous borings were performed on this particular lot, however, the nearest borings and piezometers did not encounter water and typically encountered sandy soils near the surface underlain by less permeable clays, As indicated previously, the data suggests that the less permeable clays are trapping or impeding the infiltration of water percolating downward from the surface. Therefore, perched water likely existed at some time in the area of that bore hole at a depth of about 3 feet. Proposed Construction We understand the proposed building will be a rear walkout. full basement house with a lowest floor slab planned at elevation 884.24. We assume that the proposed homes will have concrete or masonry walls to the first floor level or adjacent outside grade. with wood-frame construction above grade. We understand the current ground surface elevations at the proposed building site range from about elevations 887 to 891. Wetlands exist to the east and south of the property, with designated IOO-year flood elevations at 881.0 and 883.1. respectively. The planned lowest floor slab elevation will therefore have a separation of at least I foot above the 100-year flood elevation as required by Andover City ordinance, Conclusions and Recommendations It is our opinion that perched and trapped water conditions likely exist at various depths and locations throughout this development. As discussed above. mottled soils were encountered at approximate elevation 887. That mottled soil elevation is about 3 feet above the lowest level slab elevation of 884.24. The mottled soil elevation appears to coincide with the elevation of the contact of the sand and clay layers. Based on the available data. it is likely that the mottled soil represents an area of perched or trapped water. Therefore, we recommend that drain tile be installed during building construction so perched water does not seep into the basement of the proposed house. . ..-. -. ... .. Foundation \Vall Drainage. As a precaution against basement seepage. we recommend installing a perimeter foundation drainage system. This system should include a performed pipe with an invert within 2-inches of bottom-of-footing elevation. Collected seepage should be routed by gravity to a storm sewer or a low area away from the house. , i Floor Subgrade Drainage. If perched or trapped water conditions are encountered close to proposed slab elevations. we recommend that the soils trapping the water be removed and replaced with a clean sand fill. A drain tile system should be installed to route water to a sump and then drained by pump or gravity to a low area away from the tloor slab. \ , ) Woodland Development Project No. BPDX-96-073A February 9. 1999 Page 3 Drain Tile and Backfill. We recommend that the drains consist of 4-inch diameter, perforated plastic drain pipe encased in a filter sock, The excavations made to install the drains should be backfilled with clean coarse sand. The clean sand should have less than 5 percent of the particles by weight passing a 200 sieve and 50 percent passing the 40 sieve. The sand should be placed within I foot of proposed surface grades. To reduce surface water infiltration, the surface should be capped with about I foot of clayey topsoil or concrete/bituminous pavement. Additional Evaluation. We recommend that we be allowed to observe the building excavations, footing. and slab subgrades to make a final evaluation, Modifications to these recommendations may be necessary after observation of the exposed soils in the excavation. General Services performed by Braun Intertec personnel for this project have been conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in this area under similar budget_and time restraints. No warranty, expressed or implied, is made. ) We appreciate the opportunity to be of service on this project. If we can be of further assistance in answering any questions. or in providing additional engineering and testing services, please call Perry Elstrom at (651) 487-7071 or Bob Janssen at (651) 487-7017. Sincerely. c: Mr. Peter Raatikka (Hakanson Anderson Associates. Inc.) plt:\W(l(lUlan.lilll \ J \ ) AGENDA SECTION Non-Discussion ITEM NO. C/1Y OF ANDOVER REQUEST FOR COUNCIL ACTION DATE:February 16, 1999 ORIGINATING DEPARTMENT City Clerk ~t. Approve 1999 Animal Control Contract I\. The City Council is requested to approve the 1999 animal control contract with North Metro Humane Society. The following increases are included in the contract: , J Impound Fee Boarding Fee Quarantine Fee Transportation Fee Vet Services Fee Euthanasia Fee Vaccination Fee Euthanasia Solution Additional: 1998 1999 32.00/ animal 10.00/ day 5.50/ day 20.00 32.00/hr. .35/lb 3.00/ animal 3.80/1cc .08/ .scc 35.00/ animal 11.00/ day 6.00/day 22.00 35.00/hr. AO/lb. 3.25/animal 4.00/1 cc .10/5cc A copy of the contract plus an addendum are attached. , , J orth Metro , ) Huntane Society ~ 'V 'Q 'Q <:J TO: CITY CONTRACT ADMINISTRATORS FROM: TOM DI NANNI, EXECUTIVE DIRECTOR SUBJECT: CONTRACT REVISIONS DATE: FEB. 1, 1999 Apparently our computer couldn't wait till the year 2000 to start making life difficult. It decided to begin with the year 1999. As a result the contracts mailed to municipalities failed to include the provision that the minimum monthly charge for service is $500. Also, the "Transportation Charges" on some contracts were reduced by 10% rather than increased by that amount. Please include the following revisions in your contract and return a signed copy to us. (Please return a signed copy of the entire contract if you have not already done so.) '\ .J Sorry for the error and inconvenience it might cause. ***** Substitute your city's fee (if applicable) for the "Transportation Fee" listed in section III, Line D. Andover Blaine Col. Hgts Ham Lake Oak Grove Ramsey st. Francis Spr. Lake Pk. $22.00 $22.00 $40.00 $31. 00 $40.00 $31. 00 $40.00 $22.00 Add to Section III: I. The minimum monthly fee for service shall be $500. ~mane Society, ~ ~;tr-:: For the Municipality: / Thomas A. Di Nanni Executive Director 14i1 Main Street NW. Coon Rapids, MN 55448-1425. (612) 754-1642 :_,1 CONTRACT FOR SERVICES WITH THE NORTH l\lETRO HUMAJ.'\'E SOCIETY This contract, made and entered into this first day of January, 1999, by and between the North Metro Humane Society, 1411 Main Street, Coon Rapids, MN 55448, hereinafter referred to as ''Humane Society," and the city of Andover, Minnesota, hereinafter referred to as "Municipality," Whereas, The Municipality is in need of animal controlfunpound and holding services; and Whereas, The Humane Society is qualified and willing to provide such services Whereas, The Municipality wishes to purchase these services from the Humane Society in accordance with this contract; Now Therefore, In consideration of the mutual covenants contained herein, it is agreed and understood as follows, L TERM The term of this contract shall be from January 1, 1999 through December 31,1999, unless terminated earlier as provided herein. II. BASIC SERVICES , \ ) The Humane Society agrees to provide the following services: I. Shelter for animal drop-offs on a 24-hour basis. 2. Pick-up and transport animals to the shelter on weekdays from 1:00 p.m. to 4:00 p,m. each day and also on weekends from 1:00 p.m. to 4:00 p.m. depending on staff availability, Responses to requests for pick-ups and transport will be handled in the order in which they are received at the shelter. Individuals making the requests will be advised of the approximate time when pick-up will be made. 3. Animal examinations and veterinary care (within the scope of our abilities) as required whenever staff is available. 4. Boarding for up to five (5) days. 5. Euthanasia and disposal of animal if required. 6. Responding to all animal abuse/neglect cases in the Anoka County area in cooperation with municipal officials when necessary. ill. RESPONSmlLITIES OF THE MUNICIPALITY I. The Municipality shall pay the Humane Society the following fees: A Impound Fee: An administrative charge of $35 per animal for the first day of impound. Boarding Fee: $11.00 per day, per animal, for each day after the first day of impound. Quarantine Fee: In addition to the regular boarding fee, $6.00 per day, per animal, for all animals which must be quarantined. B. '\ \ J c. , ') 1. When the Municipality has authorized quarantining an animal and the owner is unknown or known but will not pay the fee, the Humane Society will bill the Municipality. If the fee remains unpaid, the Humane Society will have the option ofnotitying the Municipality that after 30 days it will no longer accept quarantined animals. D. Transportation Fee: $18.00 E. Vet Services Fee: $35.00 per hour. F. Euthanasia Fee: $.40 per pound disposal. G. Vaccination Fee: $3.25 per animal. H. Euthanasia Solution Fee: 1 cc @ $4.00; additional.5 cc plus $.10 2. The Municipality will not be charged those costs recovered from pet owners. 3. Charges for services shall be paid montWy or within thirty (30) days after submission of the montWy claims by the Humane Society to the Municipality. v. COMPLIANCE WITH LAWS In providing all services pursuant to this contract, the Humane Society shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted, " ) VL AUDIT DISCLOSURE AND RETENTION OF RECORDS The Humane Society agrees to make available to duly authorized representatives of the Municipality and either the Legislative Auditor or the State Auditor for the purpose of audit examination pursuant to MN. Stat. 168.06, any books, documents, papers and records of the Humane Society that are pertinent to the Humane Society's provision of services hereunder. The Humane Society further agrees to maintain all such required records for three (3) years after receipt of final payment and the closing of all other related matters. Vll. INSURANCE The Humane Society shall purchase, maintain in full force and effect during the tenn of this contract and provide proof of the following insurance coverage: A. Worker's Compensation: Coverage at statutory limits as provided by the State of Minnesota. Comprehensive General Liability: Coverage shall have minimum limits of $1,000,000 per occurrence, combined single limit for bodily injury liability and property damage liability. Business Auto Liability: Coverage shall have minimum limits of$500,000 per occurrence, combined single limit of bodily injury liability and property damage liability. This shall include owned vehicles, hired and non-owned vehicles and employee non-ownership. B. c. . \ , I D. Current, valid insurance certificates meeting the requirements herein identified shall be available to the Municipality if so desired before the signing of this contract. All policies shall provide, and the certificates issued shall evidence, that the Municipality will be notified in writing at least thirty (30) days prior to cancellation or modification of coverage. VIII. EARLY TERMINATION This contract may be terminated by either party, with or without cause, upon thirty (30) days written notice, delivered by mail or in person, to the other party, IX. MODIFICATIONS Any material alterations, modifications or variations of the terms of this contract shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. x. ENTIRE AGREEMENT , , J It is understood and agreed by the parties that the entire agreement of the parties is contained herein and that the contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the Humane Society and the Municipality. The parties hereto revoke any prior oral or written agreements between themselves and agree that this contract is the only and complete agreement regarding the subject hereof N~Or:;;;;ocTh~ B. /,Q CITY OF ANDOVER, MINNESOTA BY: TITLE:Executive Director TITLE: DATE: December 31, 1998 BY: TITLE: DATE: CI1Y OF ANDOVER REQUEST FOR COUNCIL ACTION \ .J DATE:February 16, 1999 AGENDA SECTION Non-Discussion ORIGINATING DEPARTMENT City Clerk ~.U. ITEM NO. ~ Approve Probtionary Period/Receptionist-Secretary/M. Hartner \ ex . Michelle Hartner has successfully completed her six month probationary period as one of our job share receptionist-secretaries. Michelle has quickly grasped information relative to her position and is well thought of by her co-workers and also by the residents she comes in contact with daily. The City Council is requested to acknowledge her probationary period completion. , / , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " ) DATE: October 20. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT TOddJ.Haas,~ Engineering ITEM NO. Reduce Letter of Credit/Developer Improvements/ \0 :imber River Estates The City Council is requested to reduce the development contract letter of credit (developer improvements) for Timber River Estates. Letter of Credit # Amount Available Reduce To Reduction Timber River Estates 97 -43 $49,200.00 $23,000.00 $26,200.00 . '\ , J The developer's engineer's certification has been submitted to the City indicating that all items are complete and graded according to the approved grading plan. City staff made an inspection after we recommended the certification letter and there are still a number of outstanding items that still need to be completed and also the park is not completed. Staff will be working with the developer to have the project completed as soon as possible in the spring. Staff is recommending reducing the escrow. " J '\ ) February 2, 1999 Ms. Jean McGann Director of Finance City of Andover 1685 NW Crosstown Blvd. Andover, MN 55304 RE: REQUEST FOR LEITER OF CREDIT REDUCTION Dear Jean: I am asking by this letter that you look into the possibility of reducing four letters of credit for various projects that we, at Woodland Development, have been involved with in the city of Andover. . \ " / ~ Letter of Credit #97-43 - the project is Timber River Estates. We believe this can be reduced from $49,200 to $23,000. Letter of Credit #98-19 - the project is Woodland Estates. We believe this can be reduced from $20,700 to $10,000. Letter of Credit #98-20 - the project is Woodland Creek Third Addition Assessment. We believe the letter of credit can be reduced from $32,030.52 to $1,476. Letter of Credit #98-18: - the project is Woodland Creek. We believe the letter of credit can be reduced from $7,426.12 to $3,930. I thank you for your assistance in this matter and appreciate the help that we have received from you and your office. If you have any other concerns or questions, please feel free to contact me or Jane at 427-7500. Sincerely, ~ il n n \ P,'V)t~y\,fJ :l ~ JAV-C' I' ByrorlD. Westlund Vice President , J BDW:yop 830 West Main Street Anoka, Minnesota 55303 (612) 42:7-7500 FAX: (612) 427-0192 . ~... ~ -. -.~... .- 7' .-....:. . ': .~... . '\.. H. The Developer shall furnish street lights in accordance with the City's Street Lighting Ordinance No. 86. The Developer shall conform to Ordinance No. 86 in all respects. The City shall order the street lights and Developer shall reimburse the City for such cost. , '\. \ , \. ./ General Requirements: 1. Street lighting shall be owned, installed, operated and maintained by the electric utility company. City and electric utility company shall enter into a contractual agreement on the rate and maintenance of the street lighting system. 2. It shall be the responsibility of the Developer to: a. Advise all lot purchasers of their responsibility for street lighting operating charges. , , b. Pay for street fight charges for all lots owned by the Developer. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development. J. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. I. , ~ .#' K. The Developer shall make provision that all gas, telephone and electric utilities shall be installed to serve the development. L. -Cost of Developer's Improvements, description and completion dates are as follows: Description of Improvements Estimated Cost Date to be Completed (f; e ".s_ 1. Site Grading and Erosion Control. $ -30:088.00 7S"oo.oo and Street/Utility Improvements 2. Street Maintenance. $ 500.00 3. Street Construction. $ -0- / 4. Storm Sewer Construction. $ -0- Nov. 14 I 1997 Open , " " " -' ---.-,..- 5. Lot Stakes. c;:;> $ -2,000.00 Nav. 14, 1997 6. Diseased Tree Removal. $ 500.00 Open 7. Street Lights 8. 9. -0- 2,550.00 15,000.00 ~ s:n.~6 $ 50,'550.00 2283.33 13/~~3. 33 Open May 29, 1998 Draintile Park, Playground, Shelters & Trail Total Estimated Construction Cost for Developer's Improvements Estimated Legal, Engineering and "tilac 5"0 . '2---.00 Administrative Fee (30%1 15% $ 1,582.50- - Total Estimated Cost of Developer $ 58,142.50 15;333.3'3 Improvements 42,a:;;a.;-~ Security Requirement (150%1 $ 87, 20Q. 00 ;-;?;,coo.oo . 1'iJi1 9..0_ M. Construction of Developer's Improvements: 1. Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. 2. Insoection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate. any other governmental agency having jurisdiction. 3. Easements. The Developer shall dedicate to the City, prior to approval of-the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer's Improvements as determined by the City. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 4. Faithful Performance of Construction Contracts and Bond. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, Irrevocable Letter of Credit, or a Performance Bond, CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , I DATE: February 16. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J. Haas,/ Engineering ITEM NO. Reduce Letter of CrediUDeveloper Improvements/ I ~ . Woodland Estates The City Council is requested to reduce the development contract letter of credit (developer Improvements) for Woodland Estates. Letter of Credit # Amount Available Reduce To Reduction Woodland Estates 09-97 $20,700.00 $10,000.00 $10,700.00 ,. The developer's engineer has submitted a certification for the grading to the City. City staff has made an inspection because some of the boulevards are not graded to minimum requirements and an as-built has not been submitted with elevations verifying the development is graded according to the approved plan. Staff is recommending reducing the escrow. / " , / February 2, 1999 Ms. Jean McGann Director of Finance City of Andover 1685 NW Crosstown Blvd. Andover, MN 55304 RE: REQUEST FOR LETTER OF CREDIT REDUCTION Dear Jean: I am asking by this letter that you look into the possibility of reducing four letters of credit for \ various projects that we, at Woodland Development, have been involved with in the city of j Andover. Letter of Credit #97-43 - the project is Timber River Estates. We believe this can be reduced from $49,200 to $23,000. ~ Letter of Credit #98-19 - the project is Woodland Estates. We believe this can be reduced from $20,700 to $10,000. Letter of Credit #98-20 - the project is Woodland Creek Third Addition Assessment. We believe the letter of credit can be reduced from $32,030.52 to $1,476. , Letter of Credit #98-18- - the project is Woodland Creek. We believe the letter of credit can be reduced from $7,426.12 to $3,930. I thank you for your assistance in this matter and appreciate the help that we have received from you and your office. If you have any other concerns or questions, please feel free to contact me or Jane at 427-7500. Sincerely, Q .1. f\l ~,() i r)'V,\,~y\.-IJ ;l. .t~V,-C<< \ i Byron.D. Westlund Vice President BDW:yop An k l.t. t 55303 (612) 4?>.~,'Z.: ,,' ,,:ZSOO FAX: (612) 427-0192 830 West Main Street 0 a, IV mneso a -m?' , , .' , '" , . !r","j ~ i(::J General Requirements: 1. Residential street lighting shall be owned, installed operated and maintained by the electric utility company.' City and electric utility company shall enter into a contractual agreement on the rate and maintenance of the street lighting system. It shall be the responsibility of the Developer to: a. Advise all lot purchasers of their responsibility for street lighting operating charges. 2. b. Pay for street light charges for all lots owned by the Developer. J. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required" by the City prior to completion of the development. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. J. K. The Developer shall make provision that all gas, telephone and electric utilities shall be installed to serve the development. L. Cost of Developer's Improvements, description and completion dates are as follows: Description of Imorovements ,1. Grading 2. Erosion Control Estimated Date to be Cost Comoleted Ie', __.... ~ $15,88& 6-1-97 $t6603'a:? ~ !G(:;V. $1,$88 o $3,88& a 30 37 3. Dead & Diseased Trees 4. Lot Corners 5. 6. 7. 8, 4 . - __. _. - - _~-. ..."1 .... '.1 /' ~ '. Total Estimated Construction Cost For Developer's Improvements: Estimated legal, Engineering and Administrative Fee (15 %) lZ/~ 5'~ ,0:;> $ 22,)(lu $ d.~ e.7o.oe> 13, 1(-- ~fi17C?oo $ 25,87S 2=->7""W' 10 coo. 00 $ 38, 866- Total Estimated Cost of Developer Improvements Security Requirement (150%) M. Construction of Developer's Improvements: 1. Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. 2. Insoection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. l; 3. Easements. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer's Improvements as determined by the City. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. , / 4. Faithful Performance of Construction Contracts and Bond. ' The Developer will fully and faithfully comply with all terms and conditions of .any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a periOd of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified cheek, Irrevocable letter of Credit, or a Performance Bond, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements as indicated in Paragraph K. An Irrevocable letter of Credit or Performance Bond shall be for the exclusive use and benefit of the City of Andover and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable 5 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: Julv21.1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINA TING DEPARTMENT Scott EricksonJL Engineering ITEM NO. Accept Feasibility Report/Order Plans & Specs/ 98-36/Chesterton Commons North U:J . The City Council is requested to approve the resolution accepting feasibility study, waiving public hearing, ordering improvement and directing preparation of plans and specifications for the improvement of Project 98-36 for sanitary sewer, watermain, street and storm sewer in the area of Chesterton Commons North. " / " / CITY OF ANDOVER COUNTY OF ANOKA '\ STATE OF MINNESOTA ./ RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98-36 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOllOWING AREA CHESTERTON COMMONS NORTH. WHEREAS, the City Council did on the 5th day of Januarv, 1999, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by MFRA and presented to the Council on the 16th day of Februarv, 19.JliL; and WHEREAS, the property owners have waived the right to a Public Hearing; and J WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $~ z:5) 300. b ~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ to 25.3 DO, 0 .;) waive the Public Hearing. , '. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of MFRA to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ '13) 'l{ 0 () . DO with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 16th day of Februarv ,19.JliL, with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER voting ATTEST: J.E. McKelvey - Mayor , Victoria Volk - City Clerk / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION "- I ) DATE: February 16.1999 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Scott Erickso .... "VI Engineerin~ ITEM NO. t t%;rove Plans & Specs/99-3/Crack Sealing The City Council is requested to approve the resolution approving plans and specifications for Project 99-3, crack sealing. Attached is the crack sealing location map for Zones 5 and 6. , J \ J , .J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99-3 ,FOR CRACK SEALING . WHEREAS, pursuant to Resolution No. 031-99 , adopted by the City Council on the 2nd day of February ,19 99, City Enqineer has prepared final plans and specifications for Project 99-3 for Crack Sealinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of February, 19..JliL. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. \ J BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, Fridav. March 12 . 19 99 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 16th day of February ,19 99 , with Councilmembers favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk \ ./ ~ ~I \ lil ~ I---' I r p~ , n r\/ l' J I " ~ g E , , , . i ~ n 6 ;; 0 ~ ;l ~ ~ M . 0 . ~ !t ;J ~ n iI i ,. n 0 ~ ~ ~ . ~l'" ~i II I ir.. -n = !i ; 0 UI . j: i ~f . ~ i :: - =:!I: ~ ~~ : 8 ;~ '~ i ~ I ~ ~ R~! rr . ( ! ! I I ! ! I I l . l , l l l l . . I I I I I I < ' , DDDDDDD'~ I~ \) ~ NNNNNNN~~ Dl (l Dl OOOOOOO!!11o ... ZZZZZZZ 11'" G> ~ CD .., m m m m m m m N~ lD "TI .......mC,nJ:l,.t.JN....l.g m 0 CD ~ C Dl Z ~ ... c ~i a. iil 0 Dl NI'\)N............-a....... "'., ::1. III 000<0<0<0<0 ~!)' 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'- ~ F .omr ~, ~ ~ , =IT '-'--Ii F -'= =Y c= r1Y j\:~{1i t IT "-L --n II - --, r: f-t I l P LL., ...I h jlJ=J W ~ I I ...... \ [ ~~~\^' <0 ... / <O~ P::\ II -, ~ r h t1 Lf-l F?" Iii !-'--'- I 0- d ::=::: li! - lr-f- ~J ~ I h~ fh ~ y ~L ~ ~ >-J) I !---r- h Lf I f-I 'f1 I I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) J DATE: February 16. 1999 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Scott Erickson~( Engineering ITEM NO. \1.prove Plans & Specs/99-4/Seal Coating The City Council is requested to approve the resolution approving plans and specifications for Project 99-4, seal coating. Attached is the seal coat location map for Zone 4. '1 '- ../ h: '\ , / I ; '- -' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99-4 ,FOR SEAL COATING . WHEREAS, pursuant to Resolution No. 032-99 , adopted by the City Council on the 2nd day of Februarv ,19 99, City Enqineer has prepared final plans and specifications for Project 99-4 for Seal Coatinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of Februarv ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. \ BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:30 AM, Fridav. March 12 . 19 99 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 16th day of Februarv ,19 99 , with Councilmembers favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk / f ~ J ! E , , , :; i ~ n ~ ~ ~ ~ . ~ 0 a ~ " :: ~ n il ~ ~ n 0 ~ a ~i i~ " :r~ i~ . ~! I 0 .UI ~" , ; ~f ~ i !~ f!I ~~ 8 ;~ ~ i ~ ~ I !,!,nns !!.~.:"" ..!'2.~ nnr"~ jj:f~ ~o3l. :aill : S.~ ;;}a .11 ~ .. . . . " i ! !. '-... < "'0 m .., o ~ III o C :J C. m .., iii' en DDDDDDDf! NNNNNNN ~~ m OOOOOOO!(Io ZZZZZZZ 11'" G) m m m m m m m ....~ .......CJ)O'I.c:..(,.)N~g ~ ::E m - (1) .., "'T1 (1) m - c ... (1) en NNI\J~~-...~ OOOlOlOlOlO OOOlOlOlOlO I\J.....OlOCD"ool(l) ~i "'.. ~~ ~il ~~z " ... ~ .. ...-. i?EE :c.. I-7V> ~~. t:i " ~~ 31- ~ ~ IH ,f-IJ qF1 ~ ..:::f -'" fJ;;J n JII h {/ f' i II :-IT I- r m z o .-c-~ ,. f- I~\' IT '.Ji ~i-II-< ==~ ~r -<!Y -1 K! w- I r-1 '- rC '-= ~Liti'" II ~::JWJ '--' Ir~. ~ - :'a'l IP ~u rr-- ++ A'"' n 'll ~ ::::'" i-t-~ ;::: ~ ~ ~:--o :.; <"l l~ ::: ~ :sf "'::j .1. <-:, "'i", ~...: """::" :J;:oi ~ .-.- :: ----Ill --- :t _IF. III -.. ~ -.- :: r_... -.- ,-.. <II L~ .-.. ..n.._ (:j -.- _.. 'I! -.- d;(J) , I I ~ ~ ~:f, _~ I ~d' r:r ~.. I'> iml't /- ~ 7J. H I L L ::J.!r -,... d\< ~ ~ "" F ,..--' 1117 -C ~Jl~ --;~ ~ ~11 -.- 1,1r: ~" ..1....1 '_'_ . J.C: ~ ,--- (Y p ~J( ....r 9 6 fl-- ::.:_ : ~~~~. i,~~ c EI:I l\ lo-- -ni !.. =))1lf I II t- h2 J.., l .J c-/-r~ ~I b4 1-l::1;: II .., I . -...- " -.- ...--...- . -.- --....- .........- -.- ---- .nu._._ -.- ..-.- -.- -.- 1l.J ~ C '--- ,-..- -..- 1"- N \ ~ ~ ",\ CO '" / CO~ --- II '--- ... -,,- .lI --- --- Q --..- ... -.- -.- 1 =:- -..- :::.::.- ::.:: -.:=: "t _...._ XI -.- ___ llil =.::_ III ~ i~ [I ~I r .JO. r ~ i~ II [ 1-- rr , : i " II I' I I I I I ! i I I I . I I I I j I I . I . I I I I I I I I I I I I I . . . I I I I I I I I I . I I I I r- ~ dJ U ~d~~m~R- ~ ~ I Q en 1m l-J- W- ,VI \l< IYt I ! ! ; I I I I j i j I ! . I I I I ! I I I I . I I I I ! i i ! ! I. I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I 1 ! I ; I I I I I I . I I I I I I I I I . I I I I I I I I I I I I I I I I I I I "" ~ 1f ~ W Ih~ ~~ aI }1 I I 1\ 1/ I-IN tf k ~ 1 i-----'"""""r---, 11 II I -.- - ( -.- =::: -.- .---- ,--,.- .-.- -...-- :=::- "- ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 20. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINA TlNG DEPARTMENT ~ Todd J. Haas, Engineering ITEM NO. \~ ~Pdate of Maintenance of School Fields by Public Works This is an update for the City Council in regard to the maintenance of the fields at the elementary and middle schools. Attached is a letter sent by staff to Tom Redmann of Anoka Hennepin School District #11 and a memo from Kevin Starr of Public Works as to the ballfield maintenance costs. Staff will try to meet with the Andover Athletic Association to discuss the costs and also try to have a response from the Anoka Hennepin School District #11 regarding the City maintaining the fields. ; Staff will update the City Council at the March 2, 1999 meeting. , J " CITY of ANDOVER , / 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 February 10, 1999 Tom Redmann Anoka Hennepin Independent School District #11 11299 Hanson Boulevard NW Coon Rapids, MN 55433 Re: Maintenance of Fields at Elementary and Middle Schools Dear Mr. Redman: The City of Andover has been approached by the Andover Athletic Association to consider maintaining the fields located in the City at the 2 elementary schools and the middle school similar to what is being done in the City of Anoka. If the school district agrees to allow the , / City to maintain the facilities during spring and summer months during which the association uses the fields, we would basically take care of the mowing and maintenance of the infields. It is also our understanding that if ag-lime were provided by the school district the City's Public Works Department is committed to spread the ag-lime and prepare it for use by the associations. It is also our understanding that the use of the fields would be controlled and approved by the school district, not by the City. We would appreciate it if a confirmation was made by the school district allowing the City to maintain the fields as soon as you are able. If you have any questions, feel free to contact me at 767-5127 or Frank Stone, Public Works Superintendent at 755-8118. Sincerely, ~A, Asst. City Engineer/Parks Coordinator TH:rja cc: Frank Stone. Public Works Superintendent Kevin Starr, Public Works Supervisor/Parks Ballfield Maintenance Cost's The following are cost's associated with ballfield maintenance. Aglime is $325.00 per load, delivered. Contract to level and crown each field with new aglime is $225.00. Each field will take four hours to set radius, cut out sod, haul away, set home plate and pitchers pad. (getting School fields ready for play) Each field will need two hours to soak down infield and final drag. (new aglime) One hour per week will be needed to drag each field. We will do more often when possible, and for tournaments. (these are the School fields) One hour per field will be needed for mowing turf, each week. Trash and litter pickup is one hour per field each week. The Main Complex fields and tournaments take alot more time than this. Benches are $285.00 per field, made and installed. Home plates are $62.00 Pitchers pads are $48.00 Each hour for labor is $17.00 per hour. Weekend work is $25.50 per hour. Outfield lines are painted at the Main Complex. Infield lines and batters boxes are done for tournaments at the Main Complex. (the Main Complex are the fields at Sunshine and City Hall). We will do everything we can to keep all of the fields in good shape. We concentrate on the Main Complex and the fields with the most use. If anything is overlooked, or you have any questions, give me a call. ./("~"I,,\(5 /.("ll/ -:. S--C;; rV2-- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: Februarv 16. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott ~rick~on~~ Engineering ITEM NO. \ Q~thorize Drilling of Test WelllWell #8/99-8/Grey Oaks The City Council is requested to authorize the drilling of a test well for Well #8, Project 99-8 in the Grey Oaks development. The quotes previously obtained for drilling of test well #7 will be used for this project. The low quote, E.H. Renner and Sons, Inc. has agreed to perform the work for the same contract costs not to exceed $8,500.00. The funding for this work will be from the Trunk Water Fund. / " / OCT-15-1998 16:38 ". TKDA JGINEE1'lS .-ARCHITECT! October 15, 1998 Honorable Mayor and City Council' Andover. Minnesota . Re: Construction of Well No.7 City Project 98-22 City of Andover, Minnesota Commission No. 11288-02 Dear Mayor and Council: 612 292 0083 P.01/02 OLTZ, KING. DUVAll. ANCERSON NO ASSOCI4'res. INCOqpO=tATEO 500 PIPER JAFFRAY PI.AZA LI CEOAR STREET ~NT ~.UL. MINNESOTA 55101.2140 PHONE:65 '=-<<00 FAX;65l1Z92.0083 Bids for the referenced project were'received on October 15, 1998, with the following resUlts: Bidder Amount of Bid . , E.H. Renner and Sons $79.740.00 / Keys Well Drilling $99,870.00 Engineer's Estimate $109,940.00 A complete Tabulation of Bids is attached for your information. It is recommended that a contract be awarded to the low bidder, E.H. Renner and Sons, in the amount of their low bid of $79,740.00. Sincerely yours. C}J~.~ ~ Daniel A. Fabian, P.E. DAF:j Attachment -' An Equal Opportvnity EmpIoygr ~ J 1 i i ~ ~ I J J. J J l 1 1 1 j j ~ QUOTATION FOR CONSTRUCTION OF PILOT WELL NO.7 AND PILOT WELL NO.8 CITY PROJECT NO. 97-12 CITY OF ANDOVER ANOKA COUNTY. MINNESOTA By 2. '1 ~t'- ~, City of Andover 1685 Crosstown Boulevard N'N Andover, Minnesota 55304 Mayor and City Council: E.H. RENNER 8< SONS, INC. 15688 JARVIS STREET NORTHWEST ELK RIVER. MINNESOTA 55330 (612) 427-6100 427.0533 FP\I. ,1998 We have examined the plans and specifications and are familiar with the conditions affecting the work. We have examin~ the scope of work as prepared by TOltz, King. Duvall, Anderson and Associates. Inc. We propose to furnish all labor, material. skills and equipment necessary lor Construction of Pilot Well No. 7 and Pilot Well No. a. in the City of Andover: Mi:mesota. " ANDOVER 4.98 nlll"'\.TeTfl"'\t\,I 1-, I. \ ) I I 1 J J l DIVISION I PILOT WELl. NO.7 BID ITEMS Item No.1 The moving of all drilling equipment and materials omo the site, setting up the equipment, removal of equIpment. and cleanup of the site upon completion of the worl<. together with all items of constructio:'l except for those itemized separately below, all for the lump sum price of: THREE HUNDRED Dol!ars and NO Cents Item No.2 The drilling of approximately 150 linear feet of a-inch diameter hole in the glacial drift formation. and into bedrock for the unit price of, and the total amount of: Unit price pet linear foot: EIGHT Dollars and NO Cents -" Total amount iot 150 linear feet: / ONE THOUSAND & TWO HUNDRED Dollars and NO Cents IMm No.3 The drilling of approximately 55 linear feet of r.ominal a-inch diameter hole through the St. Lawrence Formation and 10 feet into the Franconia Formation.. for the unit price of and total amount of: Unit price per linear foot and EIGHT NO Cenls DoHars Total amount for 5S linear feet: FOUR HUNDRED & FORTY Dollars and NO Cents \ / ANDOVER 4.tl8 OUOTATION 2 s 8.00 s 8.00 S 300.00 1ft. s 1200.00 1ft. S 440.00 n4.1.1'\ I, L I l l ~ J J j t : ; j l , J , t 1 j 1 j ~ ~ " Itom NO.4 Furnish and Install approximalely 205 linear feet of 4.inch casing through Ihe drift. bedrock and seated and sealed 10 feet inlo the Frsnconia Formalion. for the unit price of, and the lotal amount of: Unit price per linear foot: EIGHT Dollars and CenlS 8.00 s MO Total amount for 205 linear feet: OM.. THOIl!,;AND $T)( HUNDRED & FORTY Dollars and NO Cen!s Item No.5 For furnishing and placing 4 cubic yards of negt cement for grouting the 4.inch diameter easing in place, for the unit price of, and th12 lotal amount of: Unit price per cubic yard: TWO HUNDRED & THTRTY Dollars and Cents 230.00 s NO Total amount for 4 cubic yards: MTN.. HlJMDRF.D & TWENTY Dollars and NO Cents Item No. G For the drilling of approximateiy 1 S5 linear feet of ~-inch diameter open hole through the Franconia. Iro:l!on-Galesville formations. for th. unit price of. and the tolal a:ncunt of: Unit price per linear foot: ETGHT Dollars and NO 8.00 Cents 5 T(ltal amount for 155 linear feet: ONE THOUSAND TWO HUNDRED & FORTY Dollars and NO Cents \ J . ANDOVER 4,98 OUOTATION 3 s $ 1ft. $ 1640.00 leu. yd. 920.00 /ft. 1240.00 . , .' 914'1 '. ..<2Y:' ., j 1 1 1 1 , j J 1 1 J 1 j \ J Item No.7 For the complete abandonment of the pilot well including an labor and materials except for neat comant grout. at the lump sum prico of: THREE HUNDRED Dollars and NO Cents Item No.8 For providing a Gamma log of up to 425 linear feet of cased and open rock hole, if dir~ted by the Engineer. for the Lump Sum pri~ of: F.Tr.J.l1' HlItmRED Dollars and NO Cents Item No.9 FOr two (2) hours of development to clear the well of all cuttings. drilling muds and 100S9 sandstone. as neede::lto obtain a representative well water sample, including all materials. labor and equipment, for the unit priCQ of ,and total amount 0(: Unit price per hour. \ J TWO HIINtlRFtl Dollars and NI"l Cents Total amount for 2 hours: FOllR HUNDR"'D Dollars and NO Cents Item NO.1 0 Fumish and install in the well and rem~ve from the well, a test pump capable of delivering 20 gpm of waler from the well at the head encountered. Including furnishing all discharge piping and power for operating the lest pump. for the lump sum price of: THRF.F. HUNDRED Dollars and NO Cents \ / ANDOVER 4.98 QUOTATION ~ ...,............-.. - 'P,)- S 300.00 S 800.00 s 200.00 !hr. s 400.00 s 300.00 9140 J, J \ J I , J I 1 I r: t t I I 1 1 J j i , / Item No. 11 For four (4) hours of well pumping to obtain samples, for the unit price of ,and total ~mount of: , J Unit price per hour: ON!': HUNDRF,D Dollars and NO Cents $ Tolal amount for 4 hours: FnTTIl HIINnRED Dollars and NO Cents Item No. 12 One chemical analysis of the pilot well water, including taking of the sample, and delivery of the sample to the approved labora:ory, testing as specjfied and preparation of report, for the lump Sum price of: 1:'1'\1111 UIlImRF.n & NTNTY FIVE Dollars and NO Cents DIYISION 1- PILOT WELL NO.7 SUBTOTAL Items 1 - 12 s '\ ANOOVER 4.98 OUOTATION 5 100.00 Ihr. S 400.00 s 495.00 8.435.00 !. rJ :.. .' '. ^- .... J" J . t I l 1 J , i I / I 1 DIVISION II PILOT WELL NO.8 810 ITEMS ) Item No.1 The moving of all drilling equipment and mater.a.Is Onto the site, setting up the equipment. removal of equipment, and cleanup of the site upon completion of the worle, tog!!ther with all items of construction except for those itemized separately below. all for the Jump sum price of: THREE HUNDRED Dollars and NO Cents Item No.2 The drilling of approximately 150 linear feet of S-inch diameter hole in the glacial drift fo:mation. and into bedrock for the unit price of, and the total amount of: Unit price per linear foot: ~F.VIO!oJ Dollars and NO Cents Total amount for 150 linear feet: ____ O.l!~2!iOYSA..~1L~..JIFTY Dollars and NO Cen:s Item No.3 The drining of approximately 55 linear feet of nominal a-Inch diameter hole through the St. Lawrence Formation and 10 feet into the Franconia Formation., for the unit price of and total amount of: Unit price per linear foot: ~F.VF.N Dollars and NO Cents Total amount for 55 linear feet: TUllIO!' Ulmnll!'n ~ !:'Tr.:HTY J:'nll" OollalS and Nn Cenls '\ / ANDOVER 4.98 qUOTATION 6 s S 300.00 7 00 1ft. s 7.00 S 1050 1ft. s 385.00 9"0 f / .,' , I . , / 1 I I J J t J J' I ] J J J f 1 l. , t J . / Item No. " Furnish and /nstal/ approximately 205 linear feet of 4.inch casing through the drift, bedrock and seat~ and sealed 10 feet into the Franconia Formation, for the unit price of, an" tM total amount of: Unit price per linear foot: EIGHT Dollars and NO Cents Total amount for 205 linear feet: ('nJJ;" "'J.lOIl~A>>n ~TX HllNDRRD &. FORTY Dollars and NO Cents Item No.5 For furnishing and placing 4 cubic yards of neat cement for grouting the 4.inch diameter casing in place. for the unit price of, and th~ Iota/amount of: Unit price per cubic yard: "'YO J.lIlNI1RRn ~ THTRTY Dollars and NO Cents Total amount for 4 cUbic yards: NTNI" ;lIlNnRF.n ^" TWRNTY Dollars and N'n Cents Item No.6 For the drilling of approximately 1 S5 linear feet 01 4.inch diameter open hole through the Franconia. lronton-Galesville formations, for the unit price of, and the total amount of: Unit price per linear foot: " TI~HT Dollars and NO Cents Total amount for 155 linear feet: nNF. THOIl~ANn TWO HUNDRED &. FORTYDollars and Nn Cents ANDOVER 4-98 QUOTATION 7 s 8.00 1ft. $ 1640.00 s 230.00 leu.yd. s 920.00 s 8.00 1ft. $ 1240.00 91-;0 J f .,' .' ,j t " . j j I 1 1 J I J r/ I I I 1 j j f"i / l l . ::':;. ::);:;;~r{;?~~i:~~~~~~;:: .;;,'. ...~.~,~ ~;,!-;. .~.,,;,.,' Item No.7 For the complete abandonment of the pilot well including all labor and materials except for neat cement grout, at the lump Sum price of: THRFF. HUNDRED Dollars and NO Cents Item No.8 For providing a Gamma Log of up to 425 linear feet of cased and open rock /'lole, if directed by the Engineer, for the Lump Sum price of: ,,"Tr:HT HUNDRED Dollars and NO Cents Jtem No.9 For two (2) hours of development to clear the well 01 all cl,;ltings. drllling muds and loose sandstone. as needed to obtain a representa:ive well water sample. including allmalerials, labor and equipment, for the unit price of .and total amount of: Unit price per hour: '. TWO HmmRFn Dollars and NO Cen:s; TOlal amount for 2 hours: k'()!T1l ~!TNnRJ::n Dollars and NO Cents Item No.1 0 Fumish and install in the well and removOl from :he well, a test pump capable of delivering 20 gpm of water from the well at the head encountered, including furnishing all dischargg piping and power for operating the test pump, lor the lump Sum price of: THRF.F: HUNDRED Inllars and NO Cen~s ANDOVER 4-98 OUOTATION s . ~:;~:':"",;:.::: ~."'.~,!'., ,..~.., S 300.00 S 800.00 s 200.00 !hr. s 400.00 s 300.00 9140 ~ . 1 - l J 1 J l 1 1 J: ~ j j , / I t J 1 1 J j i Item No. 11 . For10ur (4) hours of well pumping to obtain samples, for t~ unil price of ,and total amount of: Unit price per hour. om: HTJNDRED Dollars and NO S 100.00 Cents ~r. Total amount for 4 hours: "OlIR HUNDRED Donars and NO Cents $ 400.00 Item No. 12 One chemical analysis of the pilot well water, including laking of tho sample, and delivery of the sample to the approved laboratory, testing as specified and preparation of report, for the lump sum p~ice of: "OlIR HUNDRED NINTY - FIVE Dollars and NO Cents S 495.00 DIVISION 11- PILOT WEL1. NO.8 SUBTOTAL Items 1 . 12 s R?10 00 SUMMATION OF QUOTATION: DIVISION I S 8,435.00 $ 8,230.00 DIVISION 1/ TOTAL CUOTATION DIVISIONS 1.11 s 16,665.00 J ANDOVER 4.:;8 QUOTATJON 9 91.:0 <. . -, I I ] J t J J 1 J I ' ~' I J f I 1 1 1 J j We shall use the follOwing drilling equipment if the contract is awarded 10 us: , , FAnrNC Name of Manufacturer 135 Model No. '. / Height of Mast 54 Age, in years, of drilling equipmenL 4 Minnesota Water Well Drilling LicQnse No. Feet Engine H.P. 220 HP 71015 We agree to the fOllowing: The quantities stated hereinbefore are approximate only. Payment wi!l be made for the quantitIes of work Ordered and 3ctlJally installed complete. That Ihe City of Andover, MInnesota, intends 10 award all of the wor!( shown in this quotation to one responsible con:ractor in the best interest of the city. All addenda shall become part of the qootalion. The City of Andover reserves the right to reject any or all quotations and to .....aive any informalities in any quote. Where there appears a cliscrepancy between :he written wordS and n:Jmerals in a. quotations. the written WOrds shall govern. If we are awarded the work included in this quotation, we will complete the work as specified within :w days of receiving Ihe notice t~ proceed. Firm Nal':1e Signed by Address of Bidder 1iW .:.~.I~Z.'::::'::~:'~r::~;~"E,;_o,;:::,.:.!:,.~ ~.~O)::~~:"J.:,.r:'i ~ 0 ~::~}:",':; ?'o: '., , ,~-- ' . ~l<ln TOTAL P.18 '. i,;~ r,o ~. t..:.: .< t~~: ~~:. ~!:~ WI < . JO. '. , / ANDOVER 4-96 QlJOTATION 10 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " / DATE: Februarv 16. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, / Engineering ITEM NO. Approve No Parking Resolution/98-17 Bunker Lake Boulevard NW --9..0 . The City Council is requested to approve the resolution designating no parking along Bunker Lake Boulevard NW between Round Lake Boulevard NWand Crane Street NW. This resolution will need to be approved to receive state aid approval. We are requesting to extend no parking to Crane Street NW as the County will be reconstructing the intersection at Hanson Boulevard NW also this summer. Staff is recommending approval. . \ / I / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. , ./ A RESOLUTION APPROVING AN AGREEMENT RELATING TO PARKING RESTRICTIONS ON BOTH SIDES OF BUNKER LAKE BOULEVARD NW (COUNTY STATE AID HIGHWAY 116) FROM ROUND LAKE BOULEVARD NW (COUNTY STATE AID HIGHWAY 9) TO CRANE STREET NW, ANDOVER, MINNESOTA. THIS AGREEMENT, made and entered into this 16th day of February, 1999, by and between the City of Andover, in Anoka County, Minnesota, and the Commissioner of Transportation, State of Minnesota. The Municipal Corporation shall hereinafter be called the "City" and the Commissioner of Transportation of the State of Minnesota hereinafter shall be referred to as the "Commissioner", WITNESSETH: WHEREAS, the "City" has planned the improvement of Bunker Lake Boulevard NW (CSAH 116) from Round Lake Boulevard (CSAH 116) to Crane Street NW, and WHEREAS, the "City" will be expending Municipal State Aid funds on the improvement of said street, and . \ I WHEREAS, said existing street does not conform to the approved minimum standards as previously adopted for such Municipal State Aid streets and that approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City" has been determined. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: That the "City" shall restrict the parking of motor vehicles on both sides of Bunker Lake Boulevard NW (CSAH 116) from Round Lake Boulevard NW (CSAH 9) to Crane Street NW at all times unless hereafter authorized in writing by the Commissioner. Adopted by the Andover City Council this 16th day of February, 1999. ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk , ". -'';f.\r.\'\ I '. . '~~'lrl,Wt.i':;:('i,<!'I'i"li]O :: .~ ~,\ ;'H I - '.: ..t;'f~~ ~...: :1_; ':p' :,_~ ~ :!., __~______ >g ", .1'1-:-1-'. .' ~.l:r. ." I I , .... ,'" - ,-,~~.~~: . " Hh ! ~'=-~, : '4 '~./. ~~ .., .,!! i -; fll!:_,,"_t ~j t;1,'!-GJ:~./~,),,~~~. I ::.' 1:,... L/ . ", ""0 ~ ",~,""..~ !Ii . '..': Fjf '\.. liii I ._, ~:il'~,.:'-"u I <! '. ~.' . _ ~ ~ ,:JJtffj ~ I' (::-'-~~~.. . ."~-- }~.r ""-.., , . ""~ I '-". , . 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" ill.. ... . _ '-" / . ~".,- -'" .i..... _ilia.., ". , ~~mli.W I L-._[o.J -. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ J DATE: Februarv 16. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPAR1J;1ENT Scott Erickson, ~~ Engineering CJ1 ITEM NO. Order Revised Feasibility Report! 98-34/Chesterton Commons 3rd Addition/ delude Cost for Liftstation The City Council is requested to approve the resolution ordering preparation of a revised feasibility report to include a prorated amount for the liftstation which will need to be constructed to service a portion of this development. The previous feasibility report did not include this developments share of the Iiftstation cost. \ / \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " RES. NO. j MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING PREPARATION OF A REVISED FEASIBILITY REPORT TO INCLUDE A PROPORTIONAL SHARE OF THE COST OF A SANITARY SEWER L1FTSTATION TO THE PREVIOUSLY APPROVED FEASIBILITY REPORT FOR PROJECT NO. 98-34, IN THE CHESTERTON COMMONS 3RD ADDITION AREA. WHEREAS, the City Council has received a petition, dated November 30.1998, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. WHEREAS, a feasibility report was previously approved on Januarv 19. 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, / thereby making the petition unanimous. 2. Escrow amount for feasibility report of $1.000.00 was previously collected. 3. The proposed improvement is hereby referred to MFRA and they are instructed to provide the City Council with a revised feasibility report to include a proportional share of the cost of a sanitary sewer Iiftstation. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 16th day of Februarv ,1999, with Councilmembers favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor / Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '. ./ DATE: Februarv 16. 1999 AGENDA SECTION Non-Discussion/Consent Item ITEM NO. !J!j,ate on Radium Testing/98-15 ORIGINATING DEPARTMENT Scott Erickson..1ll Engineering \.p To-date the Minnesota Department of Health has performed two of their quarterly monitoring tests for radium on our water distribution system. The samples were taken in July and October of 1998. The average of the samples taken indicate the radium level of our water distribution system at 2.1 pCill while the allowable level can not exceed 5pCi/1. Based on these two samples our water distribution system is testing below the levels established by the EPA and the Minnesota Department of Health. As additional testing is performed we will continue to keep you updated on the results. j , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ J DATE: Februarv 16.1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott ~rick~on,~( Englneerrng ITEM NO. Approve Funding SpliUFinancing ProposaI/98-17/ "p~nker Lake Blvd. Trail ~, The City Council previously discussed and approved a cost share (50/50 split) with the Anoka County Parks Department for the construction of a bituminous trail along Bunker Lake Blvd. between Hanson Blvd. and Round Lake Blvd. The construction of this trail is currently being included with the reconstruction of Bunker Lake Blvd. and scheduled to be constructed in 1999. The Anoka County Parks Department has indicted that they will need to use their metrocouncil park grant funds (year 2000 funds) for their share of the trail costs. Although I do not believe it will be necessary the county parks department has asked us to carry the funding for the project until the year 2000 when their '\ park funds will be available. As the trail will be constructed as one of the last items of this / project, probably in the fall of 1999 or spring of the year 2000, our cost reimbursement to the county will probably not be until the latter part of the year 2000 making any city assistance in upfronting the full trail cost a mute point. With the Council's approval, we will also be requesting 100% state aid reimbursement for the cost of the trail construction. The additional state aid funds generated from this project will then be directed to our in-house street fund to assist in funding future street improvements within the city. / -") Anoka County Department of Parks & Re I 9 I~:::d I 1l,JDOVER 550 Bunker Lake Boulevard NW . Andover, Minnesota 55304 Telephone (612) 757-3920 . FAX (612) 755-0230 John K. VonDeLinde Director January 14, 1999 Scott Erickson City Engineer City of Andover 1685 Crosstown Boulevard Andover, MN 55304 Re: Proposed Bike Trail - Bunker Lake Boulevard Dear Scott: ," \ --) This letter is provided as a formal response to the City of Andover's request for County cost participation in the development of a regional trail on Bunker Lake Boulevard, between Round Lake Boulevard and Hanson Boulevard. As you are aware, the County has been carefully reviewing your request. The County's Intergovernmental Relations, Public Works, and Parks and Recreation committees have been discussing the issue in order to develop a sound strategy for working cooperatively with the City on this project. By way of this letter, I want to provide you with some background information on regional park and trails funding, and the county's proposal to provide 50% assistance for this project. As a matter of history and of past policy, the County (like other regional park implementing agencies) has relied almost exclusively on the Metropolitan Council (Council) to finance regional park and trail development. This responsibility of the Council - to provide grants for the acquisition and development of regional parks and trails - is provided for in the legislation which established the regional park system in 1974. The State of Minnesota has also participated in the grants program through regular state appropriations to the Council. In the past 25 years, Anoka County has received $23.4 million for regional parks and trails, from a total metropolitan appropriation of $304 million. As you can see, the state and the Council have committed a significant amount of funding to the regional system with an average biennial appropriation to the ten park implementing agencies of nearly 25 million dollars. Since the Bunker Lake Boulevard trail is a component of the Council's Regional Trail System Plan, the County has an obligation to continue it's reliance on the Council for funding of the County's 50% share. Accordingly, the County has not provided funding for this project in it's Capital Improvement Budget or in the Parks and Recreation Department operating budget. However, the county is in the process of requesting an \ amendment to the Metro Parks QP to provide Council grants for the trail project in the next funding / biennium (2000-2001). Affirmative Action I Equal Opportunity Employer , l ) In view of these circumstances, the County would like to propose the following strategy, to ensure the timely completion of the trail on Bunker Lake Boulevard, while still respecting the Council/County relationship. Anoka County would be responsible for: 1. Securing all necessary right-of-way for the trail on the south side of Bunker Lake Boulevard. 2. Providing all design and engineering services. 3. Handling all aspects of project bidding, project award, and construction management. 4. Providing for full signage of the trail. 5. Developing a master plan for the trail and submitting it to the Council for approval. 6. Processing a request to the Council for inclusion of the project in the year 2000 CIP appropriation to Anoka County, as a component of the Bunker Hills Regional Park project. 7. Reimbursing the City of Andover for 50% of the trail construction costs when the grant funds are received. The City of Andover would be responsible for: 1. Providing for 100% of the initial trail construction costs with 50% reimbursement by the County upon approval and funding of the regional parks OP. 2. Providing right-of-way as previously discussed with the County Highway Department. Anoka County fully anticipates that the Bunker Lake Boulevard trail will be funded by the Council in the year 2000. The County has already been earmarked to receive $2.451 million in grant funds for the improvement of Bunker Hills Regional Park in the 2000/2001 Metro Parks OP (approach #4). A copy of the OP is included for your review. The Council has indicated their Willingness to appropriate a portion of the Bunker Hills grant to cover 50% of the Bunker Lake Boulevard trail project as a part of the OP funding strategy that was approved by the Council last week. A copy of correspondence from the Metro Parks Grants Administrator outlining the process for trail funding is attached for your reference. _/ Anoka County is committed to making this important project a reality. We are totally confident that the Metropolitan Council will continue it's strong history of regional parks and trails funding. I can assure you that the County will make this project it's top priority for funding, as the Metropolitan Council develops and processes the regional park capital improvements program. ard to your City Council's support of the County's recommendations regarding the funding and ion of the Bunker Lake Boulevard trail project. Please contact me at 767.2860 if you have any ti ns. cc: Anoka County Board of Commissioners Jay Mclinden, County Administrator Elliott Perovich, Public Services Division Manager ---'. ,_.1 '. " J . .T'" CD .a I'll t- ., ... ..c u .'" o ... a. a. < Cl. C .~ ,g o U. Gt .c - . Cl .5 ... ::> 0... o .... .>c .. '" .0... ti c .2 m .. II: I ..... q C> C> C> <'4 m C .; '" u .!! ;( .- o c o ... 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C .10.2 (/) 01 _OC o:::c >-0'" ~u~ OU)"" .... 10 10 .C>> .0 N . .. .-.- ~ ~ ~ ~ ~ -. . ._..~~.,. _''-' __.v__,..,..-_-..,w_... __ _.-:-....._.~.._....___~......._~,....._,._...,......., ..... o .0 8 .0 .N . .,. .c .!! Cl ... 0: g ... :!: ~ Metropolitan Council ~ ' Working for the Region, Planning for the Future .. ,,:~-_5._:~_,1~L~ , ! :..<.' . , .; r. (1 ":""]8 ,.-:; ,j U 1t>.;1 " . .:... ~ :-.. ,. I November 25, 1998 John VonDeLinde, Director Anoka County Parks & Recreation 550 Bunker Lake Blvd. Anoka, MN 55304 Re: Bunker Lake Blvd. (Central Anoka County) Regional Trail Development Reimbursement Dear Mr. VonDeLinde: In response to our telephone conversation today, here are the steps-that need to occur to reimburse Anoka County and ultimately the City of Andover for the construction of Bunker Lake Blvd.. (Central Anoka County) regional trail. \ Step I: Anoka County prepares and submits to the Metropolitan Council a master plan for the trail. The master plan should identify the land to be acquired and/or developed for the trail, forecast the amount of visits the trail will receive, estimate acquisition and or construction costs plus revenue sources to finance those costs, and describe the inter-governmental relations between Anoka County and the City of Andover as to the trail's construction (and management if applicable). The County should also request the Metropolitan Council to consider reimbursing 50% of the costs of the trail's construction as part ofa future regional parks capital improvement . '" program under the terms of parks policy 19a. / Step 2:. The Metropolitan Council reviews and approves the trail maSter plan. The Council also decides if it will consider reimbursing Anoka County 50% of the trail's construction costs in a future regional parks CIP. Step 3: The Metropolitan Council receives a request from Anoka County in it's 2000-01 CIP package to reimburse the County for 50% of the costs of the trail's construction. For purposes of thp letter, let's assume the reimbursement is $100,000. The Council considers this request along with other park agency requests and develops a 2000-0 I CIP as part of the 2000-05 CIP for regional parks. The reimbursement request is prioritized among other park/trail development projects. For purposes of this letter, let's assume this project can be funded if the State appropriates $10 million and the Council issues $6.66 million of Council bonds. This project would be financed solely with Council bonds because it is for work that would be completed prior to the 2000 State legislative session. Step 4: The Council seeks State funds to finance 60% of the 2000-01 CIP during the 2000 legislative session. If the State legislature provides enough funds to warrant the Council issuing bonds that will finance this trail reimbursement project, the Council would authorize a grant and issue the bonds for the project in the summer/fall of2000. , I AREA CODE CHANGES TO 651 IN JULY, 1998 230 East Fifth Street st. Paul. Minnesota 55101-1626 (612) 602-1000 Fax 602-1550 An Equal Opportun;1y Employer lDD/TIY 29t-0904 Metro Info Une 602-1888 John VonDeLinde November 25, 1998 Page 2 Step 5A: The County would enter into a grant agreement with the Council for the reimbursement funds. Once the grant agreement was executed, the County can submit a "request for reimbursement" form that details the costs of 50% of the project. That form is processed, a payment is made to Anoka County and in turn, Anoka County reimburses the City of Andover. Assuming all steps were taken, the earliest the City of Andover would be paid would be September 2000. -." Step 5B: If the State did not appropriate sufficient funds during the 2000 legislative session that would trigger an amount of Council bonds to finance this project, the Council would request the Legislative Commission on Minnesota Resources (LCMR) for the remaining State funds needed in the 2000-01 eIP. Assuming the LCMR recommended sufficient State funds to warrant the Council to issue enough bonds to finance this project and the 2001 Legislature appropriated the State funds, the Council would authorize a grant and issue the bonds for the project in the sum~er/fall of2001. Under this scenario, the earliest the City of Andover would be paid would be September 2001. I hope this answers your questions. Please call me at 651-602-1360 if you have more questions. Sincerely, ~ Arne Stefferud, CLP Sf. Park Planner/Grants Administrator CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: Februarv 16, 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Ericksonct~ Engineering ITEM NO. a-\~pprove Final PaymenU97-46/Wellhouse #6 The City Council is requested to approve the resolution accepting work and directing final payment for Project 97-46, Wellhouse #6. " / \ ) , J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO MUNICIPAL BUILDERS INC. FOR PROJECT NO. 97-46 FOR THE IMPROVEMENT OF WELLHOUSE #6. WHEREAS, pursuant to a written contract signed with the City of Andover on Mav 5. 1998, Municipal Builders Inc. of Anoka, MN, has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. J MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 16th day of Februarv ,19~, with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk '\ J FEB-05-1999 16:39 651 292 0083 P.01/04 TKDA TOLTZ. tCH~Q. DUVA."". I\NDE.RSO,.. AND ASSOCIATES. INCOIlPORATI;O ENGINeeRS. ARCHITI;CTS . PLANNERS 1<00 P1PI;R JAFFRAY PI...lXA ... CEOAR STJlEET SAlKT PAUL. MINNESOT... 55101-2140 PHON'" MIoN2-4_ F,o,x: 651-29200083 , , ) FAX TRANSMITTAL TO: L r- -':>c.O)-T L=: ~ \L \L~C?f'-' COMPANY: c- \ ~ ~p AAJ-'j::~?o!>ui\.. F~ NO. c..1C>..... LS~ - 2S"'l;i, DATE: Fc::-~. ~) I~ fROM: bAN r=--A~IK/V PHONE #: k>"S I'" ~ q~ - 4's- 1 ;;).. COPIES TO: '\ - , .- Commis. #: _lD~8e> - p~ # OF PA6ES. INClVDIN6 COVER PAGE -::J r "MESSAGE: <;,.. C-t> ..,.,.. , '. " W ~L....... \>,",~r--I:-Il> L...~ ,J... t.- PA'-t Kd4. Po.4 f::.'N......L "".t U.>\L~ b-G-t.. , '-'=\.. ~(~^'......~ Q.p>:-,~ 'r-O '7"....... ,IV IS'~)-- t,) d" <.fI.< . r-~A~ PIS> <<f' 'f-&> Wn-I~,,"L-~ )- A" .......L'" .'I,.r UN,. , \. L 1: L~, ypCo<. \,i::.""".... t20N..,.J'z.AC-"'~;- f.I ^'~ r"" '"r-1-1-Y ]?Csr ~,.. f.4\~ "S't- _F P f[~lfk- ) If you do not receive the same number of pages indicated above. please call 651-292-4400. '\ , / FEB-05-1999 16:40 651 292 0083 P.02/04 TKDA '1'Ol TZ, KIND. OUV,llL. ANO~RSON AND ASSOCIAT!S, INCORPOAATt:D , _ .!NGINEEflS . ARCHliE::CTS' PLANNERS 1500 PIPER JAFFRAY PlAZA "44 CEDAA STREe.T SAINT PAUL. MINNESOTA 55101-2140 PHON~,":lJ\I\l:>.uno ,AX:812J'2!l2.ooM Febnmry S. 1999 Mr. Scott Erickson City Engineer 1685 Crosstown Boulevard NW Andover, Minnesota 55304 Rc: Well Pumphouse No.6 City Project No. 97-46 Andover, Minnesota Commission No. 10980-06 Dear Mr. Erickson: Enclosed are three (3) copies of Partial Estimate and Certificate No.9 (Final) in the amount of $19,778.00 for your review. '\ / Please do not issue payment to the Contra~tor until I notify you that all final paperwork has been received and the remaining outstanding issues have been satisfied. Sincerely yours, If&~fK1;L -=:> Daniel A. Fabian, P.E. DAF:j Enclosures Cc: Kurt Johnson, TKDA, wlo Enclosures Chris Seulter, MBI, wlo Enclosures , , / Art ~qu:H Opporturlitjl Em!lloY8f FEB-05-1999 16:40 651 292 0083 P.03/04 TKDA TOLTZ, KING, DUVALL. ANDERSON ANO ASSOCIATES, INCORPORATED ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER JAFFRAY PLAZA #4 CEDAR STREET SAINT PAUL. MINNESOTA 55101-il14Q PHONE;612J292.<WOO FAX,S12fZ92-00e3 '\ Lomm. No. 10980-05 Cen. No. 9 !Final) St. Paul, MN, February 5 ,19-22- To City of Andover. Minnesota Owner This Certifies that Municipal Builders. Inc. , Contractor For Well Pumphouse No.6 (97-46) MavS. 19778001 ) ,19~ Is entitled to Nineteen Thousand Seven Hundred Seventy eii!ht and FINAL being 9th estimate for partial payment on contract with you dated noll()() Dollars ---- ($ CONTRACTOR ,19 TOL'l'1.. KING, DUVALL, ANDERSON AND ASSOCIATES, tNC. Q~~-~ tM1,( - , aniel A. Fa' . P.E. Febroary 5, 1999 R~CAPITULA TION OF ACCOUNT Received payment in full of above Certificate. " CONIRAcr PLUS EXTRAS PAYMENTS CREDITS Contract price plus extras 397,600.00 'j) previous payments $ 373,616.00 All previous cn:dits Extra No. " .. .. - It " " " " Credit No. (Change Order NQ. 1) (4,206.00) " " " .. .. .. .. " AMOUNT OFTIUS CERTIFlCA1E 19,778.00 Totals 393,394.00 393,394.00 Credit Balance There will ~main unpaid on Contral:t afltt payment of this Certificate 0.00 393,394.00 393,394.00 I I ; An EQ(JaJ Opportunity Employsr FEB-05-1999 16:40 651 292 0083 P.04/04 " TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED Engineer3-Architect~-Pl~Qr~ Saint Paul, Minnesota 55101 ; rmu:OD:Z:c::AL ElSTDUl.TB POR. l'AR.T:J:AL PAYMENTS Estimate projec~ Location Contractor FINAL No.~ Period Ending February 5 well Pumphou~e No. 6 (97-46) City of Andover. Minnesota Municipal Builders 19 99 Page 1 of. 1. Conm. No. 10980-05 Original Contract Amount S 397.600.00 Total Contract Work completed and stored Total Approved Credits Total Approved Extra work Completed ApprovQd Extra Orders Amount Completed $ S 397,600.00 S 4,206.00 0.00 $ 0.00 $ 393.394.00 Total Amount Earned This Estimate Less Approved Credits Less 0 % Retained Less Previous Payments Total Deductions $ $ $ 0.00 0.00 373,616.00 $ 3'73.616.00 .Am.oUI"l.t Due> This ~"ti:mate s 19. 77B. 00 Contractor Date Engineer CA;;:;Ylttl~ D~iel A. Fabian, P.E. Date ?-/~/1q - -' TOTRL P.04 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ ) DATE: Februarv 16, 1999 AGENDA SECTION Non-Discussion/Consent Items ORIGINA TlNG DEPARTMENT ITEM NO. Authorize Application for S.U.P.I I,~~~ing Hill/City Parcel South of WDE Site/99-7 Scott Erickson,~~ Engineering The City Council is requested to authorize staff to initiate a special use permit application for land reclamation for the construction of a sliding hill within the property recently purchased by the city just south of the WDE site (PIN NO. 27 32 24 14 0005). The sliding hill would be incorporated into the development of a new park complex at this location. '. J '. , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ ) DATE: October 20, 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J~ Engineering ITEM NO. ll/ Order Feasibility ReporU98-19/14223 Quay Street NW !j{ O. The City Council is requested to approve a resolution ordering preparation of a feasibility report for the improvements of storm drainage, Project 98-19 at 14223 Quay Street NW Historv The property owner at 14223 Quay Street NW approached the City about the possibility of removing the existing sedimentation pond located in the rear yard and replacing the sediment pond with a sedimentation sump manhole which would be located closer to the street. The reason for the request was to eliminate the unsitely sedimentation pond which was locate directly behind the home. The homeowner was responsible to pay for the redesign of the storm sewer and hiring the contractor. Also the property owner is responsible to pay for review of the plan and inspection by the City. City staff has sent an invoice to the owner of costs incurred by the City but this process unsures the City that '\ ) current property owner if they ever intend to sell the home (which could happen at any time) that there will be pending assessment and that the City will be paid. Note: A 4/5 vote is required to order the feasibility report since this was not petitioned for by the property owner. ., , / " I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF A STORM DRAINAGE . PROJECT NO. 98-19, IN THE 14223 QUAY STREET NW AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically a storm drainaqe in the following described area: 14223 Quav Street NW ; and WHEREAS, the City Council proposes to asses the benefiting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: '. . ) 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Citv Enqineer he is instructed to provide the City Council with a feasibility report. and MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 16th day of Februarv , 19 99, with Councilmembers the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in favor of voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk . / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ ) AGENDA SECTION Non-Discussion/Consent Item DATE: October 20,1998 ORIGINATING DEPARTMENT Todd J. Haas, _~ Engineering ~. ITEM NO. Approve Feasibility Report/Order Public Hearing/ ~~8-19/14223 Quay Street NW The City Council is requested to approve a resolution receiving feasibility report and calling public hearing on improvements of storm drainage, Project 98-19 in the 14223 Quay Street NW area. Please refer to previous item which explains the project and why it is recommended by staff to pursue this. The proposed feasibility report would be as follows: FEASIBILITY REPORT ) PROJECT NAME: 14223 Quav Street NW FEASIBILITY STUDY Februarv 12, 1999 EXPENSES Engineering & Inspection Aerial Mapping(1 % of street) Drainage Plan (0.3% of street/storm) Administration (3%) Assessing (1%) invoice Bonding (0.5%) Construction Interest (10 mo. @ 6%) Total Expenses ESTIMATED PROJECT COST TOTAL PROPOSED ASSESSMENT PROJECT NO. 98-19 $739.53 $7.40 $2.22 $22.19 $7.40 $3.70 $44.37 $826.81 $826.81 $826.81 The public hearing would be proposed to be held on March 2, 1999. If the property owner pays the City prior to March 2, 1999 we will request the City Council to cancel the proposed assessment. ." / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STORM DRAINAGE PROJECT NO. 98-18 IN THE 14223 QUAY STREET NW. WHEREAS, pursuant to Resolution No. . adopted the 16th day of February, 1999, a Feasibility Report has been prepared by the Citv Enqineer for the improvements: and WHEREAS, such report was received by the City Council on the 16th day of Februarv, 1999. WHEREAS, such report declared the proposed assessment to be feasible for an estimated cost of $826.81. / NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 98-19 for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of improvement of $826.81. 3. A public hearing shall be held on such proposed improvement on the 2nd day of March, 1999 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 16th day of Februarv , 19 99 , with Councilmembers favor of the resolution, and Councilmembers said resolution was declared passed. voting in voting against, whereupon CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor ,. Victoria Volk - City Clerk /~. ARO-flTECTS PHONE 1'-0. : 6129382650 "/ // I \ . I ~ r I I / SO Ci ~ ~ !::~ O. ,. '0 a I 10 0 d CO CO III f::~ ~ N o ~ " . ~ (U\ ~~ ,-a'Fo I ~ b\"t ~ J ,\l I>- , I ! - I D I' <0 0/' " c::> a <:) CO .Jun. 17 1998 00:48AM '- Pe3 ftft.. ~ 1tl1f> r.t.. .~ ,,- , I'. o ~ 142,50 I 52.50 \~_____ 4'X16' CABLE CONCRETE OVERFlOW @ ELEV 869.0 . 15LF -18" RCP CL3 WIT/- CO '!l,FES EACH ~867.45 - ELEV-86r:&:@ 0.0% B-AEf.!..E-.WEIR" .ON'. BAS!N SIDE OF FES ---... o '=! c Q) o f::1ti ~ 2 ~o '~6" 79.63 4 - \-ST,-STUCCD I "0. :)~17 'U.> o o ci If) i ..., ~ - 3 FF 885. 0 883.0 70.00 I-ST-BlOCK GARAGE: D 216,2'7 L C)xt;;)\:> 1 r ---L__ we ..;j i - I ~\:) ,,:< 'I I - '. : ., ....,:. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '. , '. J DATE: February 16. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson 1~tJ'1 NO. ~~ Ordinance No. 250 Transient Merchants Request The City Council is asked to review and approve Ordinance No. 250 - An Ordinance Defining and Regulating Transient Merchants, Peddlers, Canvassers and Solicitors. 'I " / The Planning and Zoning Commission met on January 26, 1999 to review said ordinance. The meeting minutes are attached for your review. \ , / , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 250 An Ordinance repealing Ordinance No. 79 adopted April 17, 1987 and Ordinance No. 79A adopted October 16, 1990. AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER, AND SOLICITOR AND REQUIRING SAID INDIVIDUALS OR ORGANIZATIONS TO COMPLY WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN THE CITY IN ORDER TO PROVIDE FOR THE PUBLIC WELFARE, AND PROVIDING FOR FEES AND PROHIBITING THE USE OF PUBLIC RIGHTS OF WAY OR PUBLIC PROPERTY FOR CERTAIN ACTIVITIES. The City Council of the City of Andover hereby ordains as follows: Section 1. Definitions. , J Canvasser or Solicitor is any person traveling from place to place and/or house to house who takes orders for the future delivery of merchandise or for services to be performed in the future, whether or not such person exposes a sample or collects advance payments on such sales; provided, however, that such definitions shall also include any person who occupies any temporary structure vehicle or other place for the primary purpose of exhibiting samples and taking orders for future delivery. Peddler is any person traveling from place to place and/or house to house who carries merchandise, offering and exposing the same for sale, and making deliveries to purchasers, or any person who, without traveling from place to place, shall sell or offer merchandise for sale from a vehicle or conveyance. Temporary Retail Food Establishment is a retail food establishment that operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibiting or similar transitory gathering, including church suppers, picnics or similar organizational meetings, mobile food establishments, and agricultural markets. \ / Transient Merchant is any person whose business in the City is temporary or seasonal and consists of selling and delivering merchandise within the City, and who in furtherance of such purposes uses or occupies any structure, vehicle, or other place for the exhibition and sale of such merchandise, either privately or at public auction; provided, however, that a transient merchant shall not be construed to mean any person who while occupying such temporary location, exhibits only samples for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this Ordinance merely by reason of temporarily 1 \ , \ / associating with or conducting such transient business in connection with a local business person. Section 2. License Required. A license shall be required for any canvasser, peddler, temporary retail food establishment, transient merchant or solicitor to operate in the City. The license period shall be six (6) months, with the exception of temporary outdoor food beverage promotions and sales. Section 3. Outdoor Food & Beveral!e Promotion & Sales. An application for a license for outdoor food and beverage promotion shall be applied for and may be granted by the City of Andover. The duration of the outdoor food and beverage promotion shall be no longer than ten (10) days. A sketch be provided which details where said outdoor food and beverage promotion shall be located on the property, indicating lot boundary lines, building locations, setbacks and traffic patterns for both pedestrians and vehicles. Additional information may be required if sufficient documentation is not provided. \ ) A license from the Anoka County Health & Environmental Services Department be applied for and granted and copy of such license be provided to the City at the time said application is completed. Said outdoor food and beverage promotion shall occur no more frequently than twice in any calendar year. The hours of operation shall be between 7:00 a.m. and 11 :00 p.m. and shall be mentioned in the license application. A new license shall be applied for and received for each event, subject to fees as set by City Council Resolution. Section 4. Exclusions. No person shall be required to obtain a license in the following instances: 1) Occupations licensed and/or bonded pursuant to State Law. 2) A solicitor or canvasser doing business by appointment. 3) A solicitor or canvasser taking orders for the future door-to-door delivery or newspapers. 4) The selling of goods to retail or wholesale stores or to professional or industrial establishments. , / 2 \ , ) 5) The conduct of garage sales or rummage sales. 6) No license shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers. 7) School children selling items for fund-raisers. Section 5. Relie:ious & Charitable Ore:anizations. Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office or business buildings, by house to house canvass or in public places for a charitable, religious, patriotic, philanthropic or otherwise non-profit purpose shall be exempt from Section 6 of this Ordinance, provided a sworn application in writing on a form furnished by the City is filed which shall include the following information: 1) Name and purpose of the cause for which the license is sought. 2) Names and addresses of the officers and/or directors ofthe organization. , / 3) The period during which the solicitation is to be carried on. 4) Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation. Upon the foregoing being satisfied, such organization, association or corporation shall furnish all its members, agents or representatives conducting the solicitation credentials in writing stating the name of the organization, name of agent, and the purpose of the solicitation. Such credentials shall be kept on the person of the members, agents or representatives during the actual solicitation and be presented to anyone requesting to see same. Section 6. Auulication. In addition to such information as the City Clerk may require, the application shall also include: 1) Name and description of the applicant. 2) Permanent home address and full address of the applicant. \ / 3 3) A brief written description of the nature of the business, other goods to be sold, \ and the applicant's method of operation. ) 4) If employed, the name and address of the employer, together with credentials establishing the exact relationship. 5) The length of time which the applicant intends to do business in the City, with the approximate dates. 6) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery. 7) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be two (2") inches by two (2") inches showing the head and shoulders of the applicant in a clear and distinguishing manner. 8) A statement as to whether or not the applicant or the person managing the business has been convicted of any crime, misdemeanor or violation of any municipal ordinance, involving activities licensed under this Ordinance, the nature of the offense and the punishment or penalty assessed therefor. I 9) If a vehicle is to be used, a description of the same together with license number or other means of identification. 10) A statement ofthe nature, character, and quality ofthe goods or merchandise to be sold or offered for sale by applicant, the invoice value and quality of such goods and merchandise, whether the same are proposed to be sold from stock in possession or by sample, at auction, by direct sale, or by taking orders for future delivery. 11) A brief statement of the nature, character, and content of the advertising done or proposed to be done in order to attract customers (samples may be requested). 12) Credentials from the person, for which the applicant proposes to do business, authorizing the applicant to act as such representative. 13) Transient merchants shall include the addresses of all places where the business is to be located along with written consent ofthe owners or occupants. \ / 4 Section 7. Prohibited Practices. '\ J No person under this Ordinance shall: 1) Sell or solicit before the hour of9:00 a.m. or after 9:00 p.m., unless a previous appointment has been made. 2) Enter or conduct business upon any premises where a sign or plaque is conspicuously posted stating in effect that no peddlers or solicitors are allowed. Such signs shall have letters a minimwn of one-half (112") inch high. 3) Occupy for the purpose of advertising and/or conducting business any area within a sight triangle, at any road intersection. 4) Occupy as a transient merchant, solicitor or peddler, any public right of way or other public property for the purpose of advertising and/or conducting business. Section 8. License Fee. Fees for license shall be as set from time to time by City Council Resolution. Section 9. Penalties. '\ / Whoever does any act forbidden by this Ordinance or omits or fails to do any act required by this Ordinance shall be guilty of a misdemeanor and subject to all penalties provided for under State law. Adopted by the City Council of the City of Andover on this _ day of ,1999. CITY OF ANDOVER 1. E. McKelvey, Mayor ATTEST: Victoria V olk, City Clerk , J 5 , , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA :\ ORDINANCE NO. 79 AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER, AND SOLICITOR AND REQUIRING SAID INDIVIDUALS OR ORGANIZATIONS TO COMPLY WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN THE CITY IN ORDER TO PROVIDE FOR THE PUBLIC WELFARE, AND PROVIDING FOR FEES AND PROHIBITING THE USE OF PUBLIC RIGHTS OF WAY OR PUBLIC PROPERTY FOR CERTAIN ACTIVITIES. The City Council of the City of Andover hereby ordains as follows: Section 1. Definitions: 1) A "canvasser" or "solicitor" is any person traveling from place to place and/or house to house who takes orders for the future delivery of merchandise or for services to be performed in the future, whether or not such person exposes a sample or collects advance payments on such sales; provided, however, that such definition shall also include any person who occupies any temporary structure, vehicle or other place for the primary purpose of exhibiting samples and taking orders for future delivery. . / 2) A "peddler" is any person traveling from place to place and/or house to house who carries his merchandise with him, offering and exposing the same for sale, and making deliveries to purchasers, or any person who, without traveling from place to place, shall sell or offer merchandise for sale from a vehicle or conveyance. 3) A "temporary retail food establishment" is a retail food establishment that operates at a fixed location for a temporary period of time in connection with a fair, carnival, circus, public exhibiting or similar transitory gathering, including church suppers, picnics or similar organizational meetings, mobile food establishments, and agricultural markets. (79A, 10- 16-90) \ , J 4) A "transient merchant" is any person whose business in the City is temporary or seasonal and consists of selling and delivering merchandise within the City, and who in furtherance of such purpose uses or occupies any structure, vehicle, or other place for the exhibition and sale of such merchandise, either privately or at public auction; provided, however, that a transient merchant shall not be construed to mean any person who while occupying such temporary location, exhibits only samples for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this Ordinance merely by reason of temporarily associating with or conducting such transient business in connection with a local businessman. '. Section 2. License Required: 1) A license shall be required for any canvasser, peddler, temporary retail food establishment, transient merchant or solicitor to operate in the City. (79A, 10-16-90) 2) The license period will be six (6) months, with the exception of temporary outdoor food and beverage promotions and sales. (79A, 10-16-90) ',' / Section 3. Outdoor Food & Beverage Promotions & Sales: 1) An application for a license shall be applied for and granted by the City of Andover. 2) The duration of the outdoor food and beverage promotion shall be no longer than ten (10) days. 3) A sketch be provided which details where said outdoor food and beverage promotion shall be located on the property, indicating lot boundary lines, building location, setbacks and traffic patterns for both pedestrians and vehicles. Additional information may be required if sufficient documentation is not provided. / 4) A license from the Anoka County Health & Environmental Services Department be applied for and granted and copy of such License be provided to the City at the time said application is completed. 5) Said outdoor food and beverage promotion shall occur no more frequently than twice in any calendar year. 6) A new license be applied for and received for each event, subject to fees as set by City Council Resolution. 7) The hours of operation be included as a part of the license application, but not to operate prior to 7:00 am or past 11:00 pm. (79A, 10-16-90) Section 4. Exclusions: No person shall be required to obtain a license in the following instances: 1) Occupations licensed and/or bonded pursuant to State Law. 2) A solicitor or canvasser doing business by appointment. 3) A solicitor or canvasser taking orders for the future door- to-door delivery of newspapers. 4) Salesmen selling goods to retail or wholesale stores or to professional or industrial establishments. / 5) The conduct of "garage sales" or "rummage sales". -, -I I 6) No license shall be required for vendors as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers. 7) School children selling items for fundraisers. Section 5. Religious & Charitable Organizations: Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office or business buildings, by house to house canvass or in public places for a charitable, religious, patriotic, philanthropic or otherwise non-profit purpose shall be exempt from Section 6 of this Ordinance, provided a sworn application in writing on a form furnished by the City is filed which shall include the following information: 1) Name and purpose of the cause for which the license is sought. 2) Names and addresses of the officers and/or directors of the organization. / 3) The period during which the solicitation is to be carried on. 4) Whether or not any commission, fee, wages or emoluments are to be expended in connection with such solicitation. Upon the foregoing being satisfied, such organization, association or corporation shall furnish all its members, agents or representatives conducting the solicitation credentials in writing stating the name of the organization, name of the agent, and the purpose of the solicitation. Such credentials shall be kept on the person of the members, agents or representatives during the actual solicitation and be presented to anyone ~ requesting to see same. (79A, 10-16-90) Section 6. Application: In addition to such information as the City Clerk may require, the application shall also include: / 1) Name and description of the applicant. 1) Permanent home address and full local address of the applicant. 3) A brief written description of the nature of the business, other goods to be sold, and the applicant's method of operation. 4) If employed, the name and address of the employer, together with credentials establishing the exact relationship. ,~ 5) The length of time which the applicant intends to do business in the City, with the approximate dates. 6) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery. 7) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing of the application, which picture shall be two (2") inches by two (2") inches showing the head and shoulders of the applicant in a clear and distinguishing manner. 8) A statement as to whether or not the applicant or the person managing the business has been convicted of any crime, misdemeanor or violation of any municipal ordinance, involving activities licensed under this Ordinance, the nature of the offense and the punishment or penalty assessed therefor. 9) If a vehicle is to be used, a description of the same together with license number or other means of identification. 10) A statement of the nature, character, and quality of the goods, wares, or merchandise to be sold or offered for sale by applicant, the invoice value and quality of such goods, wares, and merchandise, whether the same are proposed to be sold from stock in possession or by sample, at auction, by direct sale, or -I by taking orders for future delivery. : 11) A brief statement of the nature, character, and content of the advertising done or proposed to be done in order to attract customers (samples may be requested). 12) Credentials from the person, for which the applicant proposes to do business, authorizing the applicant to act as such representative. 13) Transient merchants shall include the addresses of all places where the business is to be located along with written consent of the owners or occupants. Section 7. Prohibited Practices: No person under this Ordinance shall: 1) Sell or solicit before the hour of 9:00 am or after 9:00 pm, unless a previous appointment has been made. / 2) Enter or conduct business upon any premises where a sign or plaque is conspicuously posted stating in effect that no peddlers or solicitors are allowed. Such signs shall have letters a minimum of one-half (1/2") inch high. 3) Occupy for the purpose of advertising and/or conducting business any area within a sight triangle, at any road intersection. J ) 4) Occupy as a transient merchant, solicitor or peddler, any public right of way or other public property for the purpose of advertising and/or conducting business. Section 8. License Fees: Fees for licenses shall be as set from time to time by City Council Resolution. Section 9. Penalties: Whoever does any act forbidden by this Ordinance or omits or fails to do any act required by this Ordinance shall be guilty of a misdemeanor and subject to all penalties provided for under Minnesota Law. Section 10. Effective Date: This Ordinance shall take effect and be in force upon its passage and publication as required by law. Adopted by the City Council of the City of Andover this 7th day of April, 1987. CITY OF ANDOVER ATTEST: Jerry Windschitl, Mayor Victoria Volk, City Clerk 79A, 10-16-90 Regular Andover Planning and Zoning Commission lvleeting A{inutes - January 26, 1999 Page 8 '- ) Mr. Carlberg clarified that trail does not exist at this time. Also, the variance on the block length would not be needed with the 20 foot pedestrianway so that variance will be removed from the recommendation. Commissioner Osberg inquired about extending the trail south from the northern boundary. wfr. Haas advised the School District property has a fence along that area as well as a pond so the School District felt that was not a good location to consider, and Staff agreed. Chairperson Squires asked if anyone wanted to speak. No one responded. Jl'fotion by Osberg, seconded by Apel, to close the continued public hearing at 7:58 p.m. Motion carried unanimously. Commissioner Apel stated he finds the proposed plat to be satisfactory. wlr. Carlberg suggested a condition be added related to a geotechnical engineer and developer submitting a report on the project which will be reviewed by a City geotechnical consultant, at the expense of the developer. He also recommended the Commission eliminate reference to the , variance since the pedestrian way would be provided. ,) Chairperson Squires asked if the indication regarding "the Park Commission as recommended" is sufficient. Mr. Haas answered affumatively. Motion by Apel, seconded by Falk, to recommend to the City Council approval of the preliminary plat requested by Gor-em, LLC for "Fox Hollow" on the property legally described on the proposed resolution deleting Article 1 and adding Article 13 requiring a geotechnical analysis, which cost will be born by the developer, submitted and approved by the City geotechnical engineering consultant, and adding Article 14 indicating the pathway to the school will be moved from the southern boundary of the plat and relocated between Lots 6 and 7, Block 2. Motion carried unanimously. Chairperson Squires advised this item will be considered by the City Council at their meeting on February 16, 1999. CI0 ORDINANCE REVIEW - ORDINANCE NO. 250, TRANSIEi\iT MERCHANT wlr. Johnson reviewed changes made by Staff related to gender neutral language. Commissioner Falk inquired regarding the City newspaper for getting public hearings out to the residents. Mr. Johnson stated the Anoka Union is used as the City's legal newspaper at this time. The Commission had no comment on this ordinance. ORDINANCE REVIEW - ORDINANCE NO. 251, UNNECESSARY ACCELERATION -, / Regular Andover Planning and Zoning Commission .Heeling ,'v/inures - January 26. 1999 Page 7 \y / '\ / E. A variance to Ordinance No.8, Section 6.02 for Lots 1-14, Block 6, Lots 1-18, Block 7 and Lots 1-5, Block 8 (5' variances) to the minimum front yard setback requirement 0[30'. A 25' setback is proposed. F. There will be other variances to Ordinance No.8, Section 6.02 related to setback, lot sizes, etc. for the detached townhomes with the proposed lot box design and configuration utilizing the concept of common open space controlled by an association. Mr. Carlberg noted that the existing home will continue to access Nightingale Street. He noted the variances that were granted with the PUD approval. Mr. Carlberg read the other comments by the Andover Review Committee relating to grading, sidewalks/tails, timing of the extension of trunk watermain and sewer service to the property which will be served from a trunk from west of the Oak View Middle School. He advised there will be a need for a lift station to accommodate the sanitary sewer. Commissioner Apel asked if there was consideration to a different route and using the Nightingale and Crosstown trunk to provide service. Mr. Carlberg stated it was considered by the Task Force but that particular trunk would not be feasible to extend due to the expense. Mr. Carlberg stated the watermain will be extended with the sanitary sewer and a well house will be needed either on this property or in the Grey Oaks project. Mr. Carlberg noted the need for some minor housekeeping changes on the plat which Staff has discussed with the applicant. / " J Nlr. Haas stated the Park and Recreation Commission review'ed the preliminary plat at their January 7, 1999 meeting and recommend a combination ofland (trails) and cash. He noted the City has a Comprehensive Plan which identifies the location of trails to be built. l'vIr. Haas stated there is interest in constructing a trail in Grey Oaks to pick up foot and bicycle traffic wanting to get to the office and/or retail complex. He advised the Commission recommends 10 foot trails along both sides of Hanson Boulevard NW and Nightingale Street NW and the cost would be a 50-50 split between the City and the developer. Also, the following street sections would be proposed to be widened to 35 feet to accommodate a bike lane on both sides of the street: 154th Lane i'<"\V between Nightingale Street NW and Martin Street NW; Martin Street NW between 1 54th Lane NW and 155th Avenue NW; and 155th Avenue NW between Martin Street NW and Hummingbird Street NW. The additional street width from a 33 foot to a 35 foot width for these sections would be a 50-50 cost split between the City and the developer. The Commission also recommends Block 2, between Lots 6 and 7, have a 20 foot wide park access which will facilitate access to the Oak View Middle School. Mr. Haas stated the remainder dedication will be cash in lieu of land. Commissioner Falk asked if the pathway at the southeast corner will remain. Mr. Haas stated it will be removed and relocated between Lots 6 and 7, Block 2, to provide access to the school. /-, , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: February 16, 1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Adopt Ordinance No. 251 4.qe,cessary Acceleration Request The City Council is asked to review and approve Ordinance No. 251 - An Ordinance Prohibiting the Acceleration of Motor Vehicles. The Planning and Zoning Commission met on January 26, 1999 to review said ordinance. The meeting \ minutes are attached for your review. , ./ , , / '\ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 251 AN ORDINANCE PROHIBITING THE ACCELERATION OF ANY MOTOR VEHICLE WITH AN UNNECESSARY EXHIBITION OF SPEED IN THE CITY OF ANDOVER. An ordinance repealing Ordinance No. 82 adopted July 21, 1987. The City Council of the City of Andover hereby ordains as follows: Section 1. Unreasonable Acceleration. It shall be unlawful for any person to operate or permit to be operated any motor vehicle on any public street or highway, public or semi-public property in a manner that creates or causes unreasonable acceleration. Prima facie evidence of such unreasonable acceleration shall be squealing or screeching sounds emitted by the tires spinning or sliding upon the acceleration of said vehicle, or causes the vehicle to unnecessarily turn abruptly or sway from side to side. , , / Section 2. Penalty. Any persons who violate any of the provisions of this ordinance shall be guilty of a petty misdemeanor and shall be punished according to State law. Adopted by the City Council of the City of Andover this _ day of 1999. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk 1. E. McKelvey, Mayor , , Regular Ando~'er Planning and Zoning Commission "'-leering "',fintttes - January 26, 1999 Page 8 "' / Mr. Carlberg clarified that trail does not exist at this time. Also, the variance on the block length would not be needed with the 20 foot pedestrianway so that variance will be removed from the recommendation. Commissioner Osberg inquired about extending the trail south from the northern boundary. j\.1r. Haas advised the School District property has a fence along that area as well as a pond so the School District felt that was not a good location to consider, and Staff agreed. Chairperson Squires asked if anyone wanted to speak. No one responded. I"fotion by Osberg, seconded by Apel, to close the continued public hearing at 7:58 p.m. Motion carried unanimously. Commissioner Apel stated he finds the proposed plat to be satisfactory. Mr. Carlberg suggested a condition be added related to a geotechnical engineer and developer submitting a report on the project which will be reviewed by a City geotechnical consultant, at the expense of the developer. He also recommended the Commission eliminate reference to the variance since the pedestrian way would be provided. , / Chairpenon Squires asked if the indication regarding "the Park Commission as recommended" is sufficient. ~1r. Haas answered affmnatively. Jfotion by Apel. seconded by Falk, to recommend to the City Council approval of the preliminary plat requested by Gor-em, LLC for "Fox Hollow" on the property legally described on the proposed resolution deleting Article 1 and adding Article 13 requiring a geotechnical analysis, which cost will be born by the developer, submitted and approved by the City geotecb.nical engineering consultant, and adding Article 14 indicating the pathway to the school will be moved from the southern boundary of the plat and relocated between Lots 6 and 7, Block 2. Motion carried unanimously. Chairperson Squires advised this item will be considered by the City Council at their meeting on February 16, 1999. ORDINANCE REVIEW - ORDINAI'I/CE 1\'0. 250, TRANSIE\'T MERCHANT Mr. Johnson reviewed changes made by Staff related to gender neutral language. Commissioner Falk inquired regarding the City newspaper for getting public hearings out to the residents. Mr. Johnson stated the Anoka Union is used as the City's legal newspaper at this time. The Commission had no comment on this ordinance. ORDINAIVCE REVIEW - ORDINANCE NO. 251, UNlltJ;CESSARY ACCELERATION w } \ . ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 82 AN ORDINANCE PROHIBITING THE STARTING OR ACCELERATING OF ANY MOTOR VEHICLE WITH AN UNNECESSARY EXHIBITION OF SPEED: PROVIDING PENALTIES FOR VIOLATION THEREOF. The City Council of the City of Andover hereby ordains: SECTION 1. UNNECESSARY SPEED. No person shall start or accelerate any motor vehicle with an unnecessary exhibition of speed on any public or private way. Prima facie evidence of such unnecessary exhibition of speed shall be unreasonable squealing or screeching sounds emitted by the tires or the throwing of sand and gravel by the tires of said vehicle or both. SECTION 2. PENALTY. Any persons who violate any of the provisions of this ordinance shall be guilty of a petty misdemeanor and shall be punished according to State Law. SECTION 3. EFFECTIVE DATE. This ordinance shall be effective upon its passage and publication. t / Adopted by the City Council of the City of Andover this 21st day of July , 1987. CITY OF ANDOVER ATTEST: .~ (N..L ~ ~ry ~ndschitl - Mayor ,&~ d/b Victoria Volk - City Clerk I -' Regular Ando....er Planning and Zoning Commission "'-feering "'-!inures - January 26, 1999 Page 9 , , .' ;\,Ir. Johnson stated the language remained the same with this ordinance. The Commission had no comment on this ordinance. ORDINANCE REVIEW - ORDINANCE NO. 252, STREET LIGHTS Mr. Johnson stated the changes to Section 8 related to the Engineering Department's responsibilities rather than the Public Works Director. Also, the Finance Director reviewed the fees charged and was satisfied that no change was needed. Chairp~son Squires asked how street lighting is currently being funded. Mr. Carlberg stated the developer is required to install street lights in new developments and if installed in an existing neighborhood, assessments would be involved. The Commission had no comment on this ordinance. ORDINAiVCE REf-JEW - ORDINANCE NO. 253, EXOTIC A..VHL4LS / ;\<lr. Johnson stated Staff researched this ordinance and found it consistent \vith other communities. Following a brief discussion regarding ferrets as pets, the Commission indicated they had no comment on this ordinance. ORDL'\"ANCE REVIEW - ORD/;,\:~:YCE ?'.O. 222..1, CONTAGIOUS DISEASES Mr. Johnson stated Statf did not feel i~ was necessary to have a particular ordinance on contagious diseases since it is regulated by the County Health Department. He explained the building standards contained in this ordinance could be tied to an adult use ordinance. Chairperson Squires inquired regarding whether the terms are defmed within Ordinance No. 222. Mr. Johnson answered affirmatively. Commissioner Jovanovich noted the listing of who has the authority to enforce the ordinance and asked if the Mayor should be included. Mr. Johnson stated the City Administrator or designee is usually indicated in the ordinance language. Chairperson Squires supported not having elected officials involved in the enforcement aspect. Mr. Carlberg suggested the words "City Manager or his designee" be incorporated as it is contained in other ordinances. The Commission agreed with this revision and had no other comments on this ordinance. OTHER BUSINESS , / ~Ir. Carlberg updated the Commission on recent Council action on the Chesterton Commons plat CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ; '. -' DATE: February 16.1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Adopt Ordinance No. 252 Street Lighting System ~[), Request The City Council is asked to review and approve Ordinance No. 252 - An Ordinance Providing for the Establishment of a Municipal Street Lighting System. The Planning and Zoning Commission met on January 26, 1999 to review said ordinance. The meeting " minutes are attached for your review. j '\ ) / , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / ORDINANCE NO. 252 An Ordinance repealing Ordinance No. 86 adopted May 3, 1988. AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A MUNICIPAL STREET LIGHTING SYSTEM; THE OPERATION AND MAINTENANCE OF A STREET LIGHTING SYSTEM AND THE COLLECTION OF THE COSTS FOR SUCH SERVICE PROVIDED BY THE MUNICIPALITY AS A SPECIAL ASSESSMENT AGAINST THE PROPERTY BENEFITED AND PROVIDING PENALTIES FOR VIOLATION. The City Council of the City of Andover hereby ordains as follows: Section 1. General Ooeration. The City of Andover does hereby make a provision for the establishment of a municipal street lighting system. The areas to be served shall be determined and approved by the City Council. ) Section 2. Rates. Fees and Charl!es. The City Council shall adopt a resolution which indicates a schedule of all rates, fees and charges for all street lighting service provided to residents. This resolution may be amended from time to time to indicate any necessary change in rates, fees and charges. Section 3. Damal!e to System. No unauthorized person shall remove, damage, alter or tamper any structure or part of a street lighting system. Section 4. Efficiency of Street Lil!htinl! System. The City shall not be liable for any deficiency or failure in supply of light to residents, whether occasioned by shutting off the system for the purpose of making repairs or connections or from any other cause whatsoever. Section 5. Payment of Charl!es. Any prepayment or overpayment of charges may be retained by the City and applied on subsequent quarterly charges. / I Section 6. Penaltv for Late Payment. ., ) If a quarterly service charge is not paid when due, a penalty often (10%) percent shall be added thereto. Section 7. Action to Collect Char!!es. On or before September I st of each year, the City Clerk shall list the total unpaid charges for street lighting services against each separate lot or parcel to which they are attributable under this Ordinance. After notice and hearing as provided in Minnesota Statutes 429.061, the City Council may spread the charges against the benefited property as a special assessment under Minnesota Statutes 429.101 and other pertinent statutes for certification of the County Auditor and collection along with the current taxes the following year. Section 8. En!!ineerin!! Devartment. The Engineering Department shall assume and discharge the responsibilities imposed by this Ordinance, along with such other duties as may be required or assigned to the Department. Section 9. Validitv. / If any section, subsection, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this Ordinance shall not be affected. Section 10. Penaltv. Any person, firm or corporation who shall violate any provision of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State law. Adopted by the City Council of the City of Andover on this _ day of 1999. ATTEST: CITY OF ANDOVER "- J Victoria V olk, City Clerk J. E. McKelvey, Mayor 2 .,) ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 86 STREET LIGHTING SYSTEM ORDINANCE AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A MUNICIPAL STREET LIGHTING SYSTEM; THE OPERATION AND MAINTENANCE OF A STREET LIGHTING SYSTEM; AND THE COLLECTION OF THE COSTS FOR SUCH SERVICE PROVIDED BY THE MUNICIPALITY AS A SPECIAL ASSESSMENT AGAINST THE PROPERTY BENEFITED; AND PROVIDING PENALTIES FOR VIOLATION. Be it ordained and enacted by the City Council of the City of Andover, as follows: Section 1. General Operation. The City of Andover (hereinafter called the "City") does hereby make provision for the establishment of a municipal street lighting system. The areas to be served by such lighting system shall be established by Council resolution. ) Section 2. Rates, Fees, Charges. The City Council shall adopt by resolution a schedule of all rates, fees and charges for the street lighting service provided to residents. Such resolution shall be published once in the official newspaper of the City of Andover. This resoluti~n may be amended from time to time if operating costs indicate a change is necessary. Section 3. Damage to System. remove, damage, alter or tamper any part of the street lighting system. No unauthorized person shall structure, appurtenance or Section 4. Efficiency of Street Lighting System. City shall not be liable for any deficiency or failure in supply of light to residents, whether occasioned by Shutting off the system for the purpose of making repairs or connections or from any other cause whatsoever. Section 5. Street Lighting Rates. The rate due and payable by each property owner within the system which has the benefit of street lights which are a part of the Andover Street Lighting System shall pay such rates commencing September 1, 1988 as are established pursuant to Section 2. Section 6. Payment of Charges. payment of charges may be retained supsequent quarterly charges. Any prepayment or over- by the City and applied on -' \ i Section 7. service charge per cent shall Penalty for Late Payment. is not paid when due, be added thereto. If a quarterly a penalty of ten (10%) \ ) Section 8. Action to Collect Charges. On or before September 1st of each year, the Clerk shall list the total unpaid charges for street lighting services against each separate lot or parcel to which they are attributable under this Ordinance. After notice and hearing as provided in Minnesota Statutes, S429.06l, the City Council may spread the charges against the benefitted property as a special assessment under Minnesota Statutes, S429.l0l and other pertinent statutes for certification of the County Auditor and collection along with the current taxes the following year. Section 9. Public Works Director. The Public Works Director shall assume and discharge the responsibilities imposed by this Ordinance, along with such other duties as may be required or assigned to him. Section 10. Penalties. Any person, firm or corporation who shall violate any provisions of this Ordinance shall be guilty of a miSdemeanor, and upon conviction thereof shall be punished as defined by state law. ., Section 11. Validity. J / A. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. B. The invalidity of any section, Clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts_ Section 12. Ordinance Effect. This Ordinance shall be in full force and effect from and after its passage and approval_ according to the laws of the State of Minnesota. Adopted by the Andover City Council this May , 1988. 3rd day of CITY OF ANDOVER ATTEST: '"'?2:Y Mayor /, ('.,7/ !LA.~uJ (~,..('P Victoria Volk, City Clerk " r Regular Andover Planning and Zoning Commission .\-feering l\-finlltes - January 26. 1999 Page 9 '\ ) NIr. Johnson stated the language remained the same with this ordinance. The Commission had no comment on this ordinance. Q) ORDINANCE REVIEW - ORDINANCE NO. 252, STREET LIGHTS Mr. Johnson stated the changes to Section 8 related to the Engineering Department's responsibilities rather than the Public Works Director. Also, the Finance Director reviewed the fees charged and was satisfied that no change was needed. Chairperson Squires asked how street lighting is currently being funded. Mr. Carlberg stated the developer is required to install street lights in new developments and if installed in an existing neighborhood, assessments would be involved. The Commission had no comment on this ordinance. ORDINAiVCE RE VIE JV - ORDINANCE NO. 253, EXOTIC ANUrlAIS , / ~Ir. Johnson stated Staff researched this ordinance and found it consistent with other communities. Following a brief discussion regarding ferrets as pets, the Commission indicated they had no comment on this ordinance. ., ORDINANCE REVIEW - ORDINAJVCE NO. 222A, CONTAGIOUS DISEASES !'vir. Johnson stated Staff did not feel it was necessary to have a particular ordinance on contagious diseases since it is regulated by the County Health Department. He eXplained the building standards contained in this ordinance could be tied to an adult use ordinance. Chairperson Squires inquired regarding whether the terms are defined within Ordinance No. 222. Mr. Johnson answered affirmatively. Commissioner Jovanovich noted the listing of who has the authority to enforce the ordinance and asked if the Mayor should be included. Mr. Johnson stated the City Administrator or designee is usually indicated in the ordinance language. Chairperson Squires supported not having elected officials involved in the enforcement aspect. Mr. Carlberg suggested the words "City Manager or his designee" be incorporated as it is contained in other ordinances. The Commission agreed with this revision and had no other comments on this ordinance. OTHER BUSINESS . '0 / !'vir. Carlberg updated the Commission on recent Council action on the Chesterton Commons plat i Regular Andover Planning and Zoning Commission Meeting Minutes - January 26. 1999 Page 10 \.t , , / which they reviewed and took action to approve the Comprehensive Plan amendment to change the land use designation. He referred to a map of the area and pointed out the location of this property. The Planning Commission had recommended denial of the Comprehensive Plan amendment and rezoning due to concerns with the location of the school and how quickly it was submitted after the residential area was developed. As a result, a number of final plats were also approved by the Council and are anticipated to be 1999 projects. Currently the developer has 30 days to address and resolve all conditions and file the plat with the County Recorder's Office. Nlr. Carlberg advised the development agreement indicates the easements will be dedicated with the fmal plat and as long as everything gets recorded there will be an outlet to Ditch 37. Commissioner Falk inquired regarding how many acres are involved in those plats. Mr. Carlberg stated it encompasses 400 to 500 lots. Mr. Carlberg explained the City's policy that preliminary plats must be submitted by July 1st and approved by the City Council by December 31 st for construction the following year. This policy was established to allow the City to plan for utility projects and eliminate the construction of streets late in the year. Commissioner Apel requested a copy of the report from the Building Department regarding the buildable lot inventory. Mr. Carlberg stated he will provide this information for Commission review. ,- ) Ml'. Carlberg advised of the number of homes built in each of the past several years. He predicted Andover will have about SOO buildable lots ccme on line and 350 to 400 homes constructed if the interest rates remain low. He stated he will provide the Commission with a GIS map which indicates land with an agricultural preserve certification and land where certification has been removed. Commissioner Falk asked how Hanson Boulevard will accommodate the additional traffic. Mr. Carlberg stated it is a County roadway with an arterial designation and the traffic study indicates it is able to handle the anticipated traffic level. He stated there may be a change in traffic control where stop signs could be replaced with signalization. Discussion ensued regarding upcoming County roadway improvements and commercial development which will occur in neighboring Coon Rapids. There was no other business to come before the Andover Planning and Zoning Commission. ADJOURNMENT Motion by Apel, seconded by Osberg, to adjourn. Motion carried unanimously. The meeting ~ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ., DATE: February 16. 1999 I ./ AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Adopt Ordinance No. 253 31~Domesticated Animals Request The City Council is asked to review and approve Ordinance No. 253 - An Ordinance Regulating the Keeping of Non-Domesticated Animals. The Planning and Zoning Commission met on January 26, 1999 to review said ordinance. The meeting " minutes are attached for your review. I '\ , / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 253 An Ordinance repealing Ordinance No. 88 adopted August 16, 1988. AN ORDINANCE REGULATING THE KEEPING OF NON-DOMESTICATED ANIMALS IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 1. Definitions. Non-Domesticated Animal any animal, reptile or fowl, which is not naturally tame or gentle but is of a wild nature or disposition or which, because of its vicious nature, or other characteristics would constitute a danger to human life or property. Section 2. Prohibited Animals. , / The following animals are prohibited within the City of Andover: 1. Any animal or species prohibited by Minnesota or F ederallaw. 2. Any non-domesticated animal or species, including but not limited to the following: a. All skunks, whether captured in the wild, domestically raised, de- scented or not de-scented, vaccinated against rabies or not vaccinated against rabies. b. All large cats of the family Felidae, such as lions, tigers, jaguars, leopards, cougars and ocelots, except commonly accepted domesticated house cats. c. All members of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domesticated dogs. / 1 d. All crossbreeds, such as crossbreeds between dogs and coyotes or dogs and wolves, but does not include crossbreeds between domesticated animals. e. All poisonous snakes, such as rattlesnakes, coral snakes, water moccasins, cobras or copperheads. f. All raccoons. g. All ferrets. h. All apes and monkeys. 1. All other animals which are not listed explicitly above, but which can be easily defined in this ordinance as a non-domesticated animal including, bears, wolverines and badgers. Section 3. Sellin!! Prohibited. No person shall offer for sale, within the City limits, any animal prohibited in Sections 1 and 2 of this ordinance. Section 4. Exceptions: Permit Required. Any person desiring to keep animals prohibited as described in this ordinance shall obtain a temporary permit from the City Council. Such a permit shall be issued for a period not to exceed thirty (30) days and shall specify further conditions under which such animal shall be kept; provided, however, that no such permit shall be issued unless such prohibited animal into the City for entertainment, show or promotional purposes only. A public zoo or other institution engaged in a permanent display of animals may be issued a permanent permit, provided applicable zoning requirements are met. Non-poisonous snakes, birds kept indoors, hamsters, mice, rabbits, gerbils, white rats, guinea pigs, chinchillas, turtles or lizards, and similar small animals capable of being maintained continuously in cages are also exempt and do not require a permit. Persons keeping animals for a public zoo as volunteers, docents or otherwise, any bona fide research institution or veterinary hospital are exempt from the permit ) 2 ) requirement, provided protective devices adequate to prevent such animals from escaping or injuring the public are provided. Handicapped persons keeping monkeys trained as household helpers are exempt. Section 5. Impoundin:: or Non-Domesticated Animals. Any non-domesticated animal kept in violation ofthis ordinance may be impounded by the City, and after being so impounded for five (5) days or more without being reclaimed by the owner, may be destroyed or sold. Any person reclaiming such impounded animal shall pay the costs of impounding and keeping the same. Section 6. Penalty. Any person, firm, corporation, or voluntary association which violates any provision ofthis ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished in accordance to State law. Adopted by the City Council of the City of Andover on this _ day of , , 1999. ) ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor / 3 1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , , / ORDINANCE NO. 88 AN ORDINANCE REGULATING THE KEEPING OF NON-DOMESTICATED ANIMALS IN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: SECTION 1. DEFINITIONS A. NON-DOMESTICATED ANIMAL - any animal, reptile or fowl, which is not naturally tame or gentle but normally is wild in nature or disposition and which, because of its size, vicious nature or othe~ characteristics would constitute a danger to human life or property. SECTION 2. ANIMALS PROHIBITED No person shall keep, maintain or harbor within the City of Andover any of the following animals: 1) Any animal or species prohibited by Minnesota or Federal law. 2) Any non-domesticated animal or species, including but not limited to the following: a) Any skunk, whether captured in the wild, domestically raised, de-scented or not de-scented, vaccinated against rabies or not vaccinated against rabies. b) Any large cat of the family Felidae such as Irons, tigers, jaguars, leopards, cougars and ocelots, except commonly accepted domesticated house cats. c) Any member of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domesticated dogs. d) Any poisonous viper. e) Any other animal which is not listed explicitly above, but which can be reasonably defined by the terms in Section I of this ordinance, including but not limited to, bears and badgers. . / SECTION 3. SELLING PROHIBITED No person shall offer for sale, within the city limits, any animal prohibited in Section 2 of this ordinance. 1 SECTION 4. EXCEPTIONS \ / A. Any person desiring to keep animals prohibited under Section 2 of this ordinance shall obtain a temporary permit from the City. Such a permit may be issued for a period not to exceed thirty days and shall specify further conditions under which such animals shall be kept. Provided, however, that no such permit may be issued unless such prohibited animal is brought into the city for entertainment, exhibition, show or promotional purposes only. A public zoo or other institution engaged in a permanent display of animals may be issued a special use permit provided applicable zoning requirements are met. B. Non-poisonous snakes, birds kept indoors, hamsters, mice, rabbits, gerbils, white rats, guinea pigs, chinchillas, or lizards, and similar small animals capable of being maintained continuously in cages are also exempt and do not require a permit. C. Persons keeping animals for a public zoo as volunteers, docents or otherwise, any bona fide research institution or veterinary hospital are exempt from the permit requirement; provided protective devices adequate to prevent such animals from escaping or injuring the public are provided. D. Handicapped persons keeping monkeys trained as household helpers are exempt from the permit requirement. / SECTION 5. IMPOUNDING OF NON-DOMESTICATED ANIMALS Any non-domesticated animal kept in violation of this ordinance may be impounded by the city, and, after being so impounded for ten (10) days or more without being reclaimed by the owner, may be destroyed, sold, or otherwise disposed of. Any person reclaiming any such impounded animal shall pay the costs of impounding and keeping the same. SECTION 6. EXISTING NON-DOMESTICATED ANIMALS Any non-domesticated animal which is being kept or maintained at the time this ordinance is adopted may be impounded if the keeping or maintaining of said non-domesticated animal is determined by the City Council to be a threat to the public health, safety and general welfare. The person or persons keeping or maintaining any non-domesticated animal that has been determined by the City Council to be a threat to the health, safety and general welfare shall have ten (10) days in which to comply with the provisions of this ordinance. Extensions beyond ten (10) days may be granted for just cause by the City Council. SECTION 7. PENALTY , .I Any person, firm, corporation, or voluntary association which violates any provision of this ordinance shall be guilty of a l misdemeanor, and upon conviction thereof, shall be punished as ). defined by State law. SECTION 8. EFFECTIVE DATE This ordinance shall take effect and be in force upon its passage and publication as required by law. Adopted by the City Council of the City of Andover this 16th day of _August , 1988. CITY OF ANDOVER ATTEST: ~/ 0cf: . ~c- /j~"7 J rr Win schJ.t1 - Mayor ~~ VJ.ctona Volk - City Clerk / Regular Andover Planning and Zoning Commission .\-feeling Minutes - January 26. 1999 Page 9 ) :\'Ir. Johnson stated the language remained the same with this ordinance. The Commission had no comment on this ordinance. ORDIIV'ANCE REVIEW - ORDINA,VCE 1'10. 252, STREET LIGHTS !vir. Johnson stated the changes to Section 8 related to the Engineering Department's responsibilities rather than the Public Works Director. Also, the Finance Director reviewed the fees charged and was satisfied that no change was needed. Chairp~son Squires asked how street lighting is currently being funded. Mr. Carlberg stated the developer is required to install street lights in new developments and if installed in an existing neighborhood, assessments would be involved. The Commission had no comment on this ordinance. @ORDINAZVCE REnEW- ORDINA.,VCE 1'10.253, EXOTlCA.VDLtLS Mr. Johnson stated Staff researched this ordinance and found it consistent with other / communities. Following a brief discussion regarding ferrets as pets, the Commission indicated they had no comment on this ordinance. ORDI.V.1.,VCE REVIEW - ORDIN..LYCE NO. 122.1., CONTAGIOUS DISEASES N1r. Johnson stated Staff did not feel it was necessary to have a particular ordinance on contagious diseases since it is regulated by the County Health Department. He explained the building standards contained in this ordinance could be tied to an adult use ordinance. Chairperson Squires inquired regarding whether the terms are defmed within Ordinance No. 222. Mr. Johnson answered affirmatively. Commissioner Jovanovich noted the listing of who has the authority to enforce the ordinance and asked if the Mayor should be included. Mr. Johnson stated the City Administrator or designee is usually indicated in the ordinance language. Chairperson Squires supported not having elected officials involved in the enforcement aspect. Mr. Carlberg suggested the words "City Manager or his designee" be incorporated as it is contained in other ordinances. The Commission agreed with this revision and had no other comments on this ordinance. OTHER BUSINESS '1 / !vir. Carlberg updated the Commission on recent Council action on the Chesterton Commons plat '. . /. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: February 16. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Adopt Ordinance No. 222A An Ordinance Amending Ordinance No. 222 ?!it, Uses Request The City Council is asked to review and approve an amendment to Ordinance No. 222 (Ordinance No. 222A - Adult Uses). Said amendment contains language from Ordinance No. 89, Contagious Diseases and High-Risk Sexual Conduct. The Planning and Zoning Commission met on January 26,1999 to review said ordinance. The meeting minutes are attached for your review. '\ / .'. / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 222A AN ORDINANCE AMENDING ORDINANCE NO. 222 AN ORDINANCE REGULATING THE LOCA nON AND OPERATION OF ADULT USE BUSINESSES IN THE CITY OF ANDOVER. The City Council ofthe City of Andover hereby ordains as follows: Section 2. Definitions. Booths. Stalls or Partitioned Portions Enclosures specificallv offered to persons for a fee or as an incident for the observation of dominant theme material distinguished or characterized bv an emphasis on matter depicting. describing. or relating to "specified sexual activities" or "specified anatomical areas". This definition does not include private offices that are utilized bv the emplovees. These offices shall not be open to the general public other than emplovees. . / Doors. Curtains or Portal Partitions FulL complete. non-transparent closure devices through which one cannot see or view activity taking place within the enclosure. Health Officer The Health Officer of the Citv of Andover. Section 3. General Provisions. Building Standards No commercial building. structure. premises or part thereof. or facilities therein. shall be constructed. used. designed or operated for the purpose of persons to engage in "specified sexual activities". \ / Booths. stalls. or partitioned portions of a room or individual rooms used for the viewing of adult media or other forms of entertainment having doors. curtains or portal partitions. unless such booths. stalls. partitioned portions of a room. or individual rooms so used shall have at least one (I) side wall open to an adiacent public room or area. Such booth. 1 / stall or room shall be illuminated in a manner that the persons in the areas used for viewing the adult media or other forms of entertainment are visible from adiacent public rooms. but such lighting shall be of such intensity as to prevent the viewing of the offered entertainment. The above building standards shall not applv to buildings. structures and premises which are lawfully operating as hotels. motels. apartment complexes. condominiums or rooming houses. Section 14. Enforcement. The City Administrator or his/her designee MemBers sf the City sf l.ndover Psliee/SheriffDepart!Hem, the Fire Marshal, sr aesigaee the BuildiFlg Omeia! or desigFlee and the Zsniag :\amiaistrator or aesigaee, shall have the authority to enter an adult use business at reasonable times to inspect the premises for the purposes of enforcing this ordinance and all other applicable State laws. All other portions of this ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this _ day of ,1999. ATTEST: CITY OF ANDOVER , / Victoria V olk, City Clerk 1. E. McKelvey, Mayor / 2 .1 " ) , ) i \ , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 89 AN ORDINANCE RELATING TO CONTAGIOUS DISEASES AND HIGH-RISK SEXUAL CONDUCT. The City Council of the City of Andover ordains: Article 1. Findings. It is hereby found that there are within the City of Andover commercial premises, buildings and structures, or parts thereof, which, by reason of the design and use of such premises, buildings, or structures are conducive to the spread of communicable disease of danger to persons frequenting such premises, buildings and structures, and to the public health, safety and welfare of the community. The health, safety and welfare of all persons in the City of Andover must be protected through the application and enforcement of standards regulating such premises, buildings and structures, in order to eliminate the possibility of the spread of, or infection by, contagious disease. The sexually transmittable disease of Acquired Immune Deficiency Syndrome, currently found to be irreversible and uniformly fatal, is found to be of concern to persons in this community. The incidence of this disease is found to occur in discernible population groups. The risk factors for obtaining or spreading the disease are associated with high-risk sexual conduct. The commercial premises, buildings or structures where persons are placed at risk of infection from this disease or other communicable diseases facilitated by their design of use for high-risk sexual conduct are in need of regulation, and of establishment of minimal standards for the prevention of the spread of this disease and other communicable diseases for the protection of the public health, safety and welfare of the community. Article 2. Definitions. ( 1 ) The (a) (b) (c) in term "high-risk sexual conduct" means: Fellatio; Anal intercourse; Vaginal intercourse with persons who engage sexual acts in exchange for money. (2) The term "hazardous site" means any commercial premises, building or structure, or any part thereof, which is a site of high-risk sexual conduct. (3) The phrase "booths, stalls, or partitioned portions of a room or individual rooms" means: (a) enclosures specifically offered to persons for a fee or as an incident to performing high- risk sexual conduct; or (b) enclosures which are part of a business operated on the premises which offers movies or other entertainment to be viewed within the enclosure, including enclosures wherein movies or other entertainment is dispensed for a fee. The phrase "booths, stalls, or partitioned portions of a room or individual rooms" does not mean enclosures which are private offices used by the owners, managers, or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public or members of the establishment for hire or for a fee or for the purpose of viewing movies or other entertainment for a fee, and are not open to any persons other than employees. (4) The phrase "doors, curtains or portal partitions: means full, complete, nontransparent closure devices through which one \ cannot see or view activity taking place within the enclosure. . , I / (5) The phrase "open to an adjacent public room so that the area inside is visible to persons in the adjacent public room" means either the absence of any "door, curtain or portal partition" ora door or other device which is made of clear, transparent material such as glass, plexiglass or other similar material meeting building code and safety standards, which permits the activity inside the enclosure to be viewed or seen by persons outside the enclosure. (6) The words "Health Officer" means the City of Andover Health Officer. (7) The words "Board of Health" shall mean the City of Andover Board of health or such entity as it shall have delegated such duties to pursuant to Minnesota statute 145A. Article 3. Building Standards. (1) No commercial building, structure, premises or part thereof, or facilities therein, shall be so constructed, used, designed or operated for the purpose of engaging in, or permitted persons to engage in, sexual activities which include high-risk sexual conduct. , / (2) No person shall own, operate, manage, rent, lease, or exercise control of any commercial building, structure, premises, or portion or part thereof, which contains: (a) Partitions between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of this partition. (b) Booths, stalls, or partitioned portions of a room, or individual rooms, used for the viewing of motion pictures or other forms of entertainment, having doors, curtains or portal partitions, unless such booths, stalls, partitioned portions of a room, or individual rooms so used shall have at lease one side open to an adjacent public room so that the are inside is visible to persons in the adjacent to persons in the adjacent public room, Such areas shall be lighted in a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment. , J (3) The standards as set forth in this section shall not apply to buildings, structures and premises which are lawfully operating as hotels, motels, apartment complexes, condominiums or rooming houses. Article 4. Powers of the Health Officer. In exercising powers conferred by this or any other section of this Code relating to communicable diseases, the Board of Health " , / \ \ , / and the Health Officer shall be guided by the most recent instructions, opinions and guidelines of the Center for Disease Control of the United States Department of Health and Human Services which relate to the spread of infectious diseases shall also apply in exercising the powers authorized in this code. (2) In order to ascertain the source of infection and reduce its spread, the Health Officer and person under the Health Officer's direction and control, shall have full power and authority to inspect or cause to be inspected, and to issue orders regarding any commercial building, structure or premises, or any part thereof, which may be a site of high-risk sexual conduct. If the Health Officer determines that a hazardous site exists, the Health Officer shall declare it to be a public health hazard and public health nuisance and shall then: (a) Notify the management, owner or tenant of the premises that the Health officer has reasonable belief that the premises, building or structure is a hazardous site. (b) Issue warnings to the management, owner or tenant of the premises stating the reasons for the Health Officer's belief that the premises, building, or structure is a hazardous site. (c) Once such notice and warnings have been issued, the Health Officer, or the Health Officer's appointee shall proceed as follows: (1) After the management, owner or tenant of the premises has been notified in writing as to the basis of the Health Officer's determination, the management, owner or tenant shall have ten (10) days to request a hearing before the Board of Health or the Board of Health's appointee for a determination as to the existence of such hazardous site. If the management, owner or tenant of the premises does not request a hearing within ten (10) days of the notice, the Health Officer shall then cause the premises to be posted with a warning advising the public' that the premises have been declared a hazardous site. The Health Officer shall cause orders to be issued to the management, owner or tenant of the premises constituting the hazardous site to take corrective measures to prevent high-risk sexual conduct from taking place within the premises. (2) If the management, owner or tenant of the premises requests a hearing, the hearing shall be held before the Board of.Health or the board of Health's appointee at a date not more than thirty (30) days after demand for a hearing. After considering all evidence, the Board of Health or the Board of Health's appointee shall make a determination as to whether the premises constitute a hazardous site. The Board of health shall then issue a decision based upon all evidence presented. If the Board of Health or the Board of Health's appointee make a determination that the premises constitute a hazardous site, the Board of Health shall then issue an order and cause the premises, building or structure to be posted with a warning ''\ \ ) , , / '\ ./ advising the public that the premises have been declared a hazardous site. (d) If, within thirty (30) days from issuance of the orders to the management, owner or tenant of the hazardous site, the Health Officer determines that such corrective measures have not been undertaken, then the Health Officer may order the abatement of the hazardous site as a public nuisance, which shall be enforced by mandatory or prohibitory injunction in a court or competent jurisdiction; or may secure a court order for the closure of the premises constituting the "hazardous site" until the premises, building, or structure is in compliance with the standards set forth in Article 3. Article 4. penalta. Any person who removes, destroys, or defaces warnings poste on premises shall be guilty of a misdemeanor. Article 5. Effective Date of Ordinance. This ordinance shall take effect and be in force upon its passage and publication as required by law. Adopted by the City Council of Andover on this October , 1988. 4th day of CITY OF ANDOVER ATTEST: ~,. .~ ~ .l/~--.---C,t:?y J ry 1n~schitl - Mayor .f ~ . / ~/f 0-~--w<r-u/ { vtz...-- V1ctor1a Volk - City Clerk (i) Regular Andover Planning and Zoning Commission .\leering J-!inutes - January 26. 1999 Page 9 I \iff. Johnson stated the language remained the same with this ordinance. The Commission had no comment on this ordinance. ORDINANCE REVIEW - DRDINA~VCE l'W. 252, STREET LIGHTS Nfr. Johnson stated the changes to Section 8 related to the Engineering Department's responsibilities rather than the Public Works Director. Also, the Finance Director reviewed the fees charged and was satisfied that no change was needed. Chairps:rson Squires asked how street lighting is currently being funded. Mr. Carlberg stated the developer is required to install street lights in new developments and if installed in an existing neighborhood, assessments would be involved. The Commission had no comment on this ordinance. DRDINA?,;'CE REHEW - DRDn"';:..LVCE ,VD. 253, EXOTIC A.V[J,L-4LS \ ~lr. Johnson stated Staff researched this ordinance and found it consistent with other communities. Fo!lowing a brief discussion regarding ferrets as pets, the Commission indicated they had no comment on this ordinance. " ORDINAZ'fCE REVIEW - DRDIN..tVCE ,VD. 121.4, CONTAGIDUS DISEASES Mr. Johnson stated Staff did not feel i~ was necessary to have a particular ordinance on contagious diseases since it is regulated by the County Health Department. He explained the building standards contained in this ordinance could be tied to an adult use ordinance. Chairperson Squires inquired regarding whether the terms are defmed within Ordinance No. 222. Mr. Johnson a.'1swered affumativeiy. Commissioner Jovanovich noted the listing of who has the authority to enforce the ordinance and asked if the Mayor should be included. Nfr. Johnson stated the City Administrator or designee is usually indicated in the ordinance language. Chairperson Squires supported not having elected officials involved in the enforcement aspect. Mr. Carlberg suggested the words "City Manager or his designee" be incorporated as it is contained in other ordinances. The Commission agreed with this revision and had no other comments on this ordinance. OTHER BUSINESS " Nfr. Carlberg updated the Commission on recent Council action on the Chesterton Commons plat , -' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: February 16. 1999 AGENDA SECTION ORIGINATING DEPARTMENT N on-Discussion Planning Jeff Johnson ITEM NO. Adopt Ordinance No. 89A - Repealing Ordinance No. 89 (Contagious Diseases and ;;~-~sk Sexual Conduct) ReQuest The City Council is asked to review and approve Ordinance No. 89A - An Ordinance Repealing Ordinance No. 89 - Contagious Diseases and High-Risk Sexual Conduct. " The language that existed in this ordinance was incorporated into Ordinance No. 222A. \ I / \ J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 89A AN ORDINANCE AMENDING ORDINANCE NO. 89, ADOPTED THE 4TH DAY OF OCTOBER, 1988, KNOWN AS AN ORDINANCE RELATING TO CONTAGIOUS DISEASES AND HIGH-RISK SEXUAL CONDUCT. The City Council of the City of Andover hereby ordains as follows: Ordinance No. 89 is hereby amended as follows: Ordinance No. 89, adopted October 4, 1988 is hereby repealed. Adopted by the City Council of the City of Andover on this _ day of ,1999. ATTEST: CITY OF ANDOVER , / Victoria Volk, City Clerk J. E. McKelvey, Mayor / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ,) DATE February 16. 1999 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT Finance ~\:::J'If\ Jean D. McGann lITEM NO. (~~, Reduce Letter of Credit - Woodland Creek REOUEST: The Andover City Council is requested to approve the reduction of letter of credit #98-18 in favor of the City of Andover provided by First National Bank of Elk River on behalf of Woodland Development Corp.. This letter of credit is in the amount of $7,426.12 and should be reduced to $3,957.95 as special assessments on this " ) project have been paid down to this amount. BACKGROUND: On April, 20, 1998, Woodland Development Corp. submitted a letter of credit to the City of Andover. This transaction transpired due to the development contract. \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE Februarv 16. 1999 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT Finance C\"\::F'" Jean D. McGann '-'\ lITEM NO. 86. Reduce Letter of Credit - Woodland Creek 3rd Addition REOUEST: The Andover City Council is requested to approve the reduction ofletter of credit #98-20 in favor ofthe City of Andover provided by First National Bank of Elk River on behalf of Woodland Development Corp.. This letter of credit is in the amount of $32,030.52 and should be reduced to $14,151.15 as special assessments on / this project have been paid down to this amount. BACKGROUND: On April, 20, 1998, Woodland Development Corp. submitted a letter of credit to the City of Andover. This transaction transpired due to the development contract. \ j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: 2/16/1999 ~ AGENDA SECTION NO. NON-DISCUSSION / CONSENT AGENDA ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM Purchase Used Street Sweeper NO.,3k I We where looking to request a new street sweeper though the proposed 1999 equipment Bond. But after checking out that type of equipment we found that we could save the City about $85,000 on a rebuilt sweeper and wouldn't have to carry it in a bond. This Purchase would give the City our second sweeper and should cut the contracting cost In half or more. We would be able too start sweeping when possible and not have to coincide with a contractors schedule. The monies for this purchase would come from the Capital Equipment Reserve Fund. The equipment listed below has been checked out By the vehicle maintenance mechanic's and the expected life of these units would be a least Five or more years, all sweeping equipment is usually totally rebuilt after this period of time. The unit we now own is going though the rebuild now and that was purchased in 1995 Frank: Stone - Public Works Superintendent Roughriders Contracting Elko,Minnesota One Rebuilt 1985 Elgin Pelican 3 Wheel Street Sweeper $ 22,000.00 Plus Tax. & Del. Sweeper Services Minneapolis, Minnesota One Rebuilt 1992 Elgin Pelican 3 Wheel Street Sweeper $ 45,000.00 Plus Tax & Del. Sweeper Services Minneapolis, Minnesota One Rebuilt 1993 Elgin Pelican 3 Wheel Street Sweeper $ 45,000.00 Plus Tax & Del. We at the Public Works Division recommend the purchase of the unit from Roughriders Contracting at a cost of $ 22,000.00 plus Tax & Delivery. Any Questions on this item please contact me at Public Works Division Office. I will do my best to answer any questions or concerns , / MOTION: SECOND: FILE: G:\WORD\COUNCIL.DOC CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: February 16, 1999 " ) AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Andover Parks Department Kevin Starr ITEM NO. Authorization to hire a Parks Department Maintenance Person 3l We received 60 applications for the Parks Department Maintenance position. We feel we have picked a very good person for the job. The Mayor and Council previously approved the new-hire position. The funding for this position is included in the 1999 Budget. Pending Mayor and Council approval, the new employee would have a starting salary of$12.7766 per hour. This is at the probationary level according to the Union Contract. After successfully completing the six-month probationary period, his status would move to the Step 1 level with a salary of$13.6284. '. I J On February 9, 1999, interviews were held for five of the applicants. Richard Fursman, Frank Stone and myself were involved with the interviews. After the interviews were done, we all agreed on Gerald Schandler as our choice for the position. Gerald will come to the City with a wide range of maintenance abilities. He is a hard worker and has a Degree horticulture. We believe he will do a fine job for the Parks Department, as well as all of Public Works. Therefore it is our recommendation that the Mayor and Council approve his hiring. \ , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , \ " ) DATE: February 16. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Building Department, David Almgren, B. O. IT~M NO. 3'6. Amend Ordinance No. 205 The City Council is requested to adopt the attached Ordinance No. 205A, adopting the current building codes, adopted by the State on October 5, 1998. ., .' J '\ / , '\ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ,~ ---' ORDINANCE NO. 205A AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE: PROVIDING FOR ITS ADMINISTRATION AND ENFORCEMENT: REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, AL TERA TlON, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF ANDOVER: PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDING PENALTIES FOR THE VIOLATION THEREOF: The City Council of the City of Andover does ordain as follows: Section 1. ADDIication. Administration and Enforcement. '\ ) The application, administration, and enforcement of the code shall be in accordance with Minnesota rule part 1300.2100 and as modified by chapter 1305. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statute 16B.62 subdivision 1 when so established by this ordinance. The code enforcement agency of this municipality is called the City of Andover. A Minnesota certified Building Official must be appointed by this jurisdiction to administer the code (Minnesota Statute 16B.65). Three (3) copies of said code shall be marked "OFFICIAL COPY", be kept on file at City Hall, and shall be open for public inspection. Section 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes 168.62 subdivision 1 and as provided for in chapter 1 ofthe 1994 Uniform Building Code and Minnesota rules parts 1305.0106 and 1305.0107. Permit fees shall be assessed for work governed by this code in accordance with Resolution ffR307 94 #R263-98 and as amended by the City Council. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. '\ J 1 ) Section 3. Building: Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B. 75 is hereby adopted as the building code for this jurisdiction. The code is hereby incorporated in this ordinance as if fully set out herein. A. The Minnesota State Building Code includes the following chapters of Minnesota Rules: \ ) 1. Chapter 1300 - Minnesota Building Code 2. Chapter 1301 - Building Official Certification 3. Chapter 1302 - State Building Construction Approvals 4. Chapter 1305 - Adoption of the +9941997 Uniform Building Code including Appendix Chapters: a. 3, Division I, Detention and Correctional Facilities b. 12, Division II, Sound Transmission Control c. 29, Minimum Plumbing Fixtures d. 15, Reroofing e. 16. Division L Snowload Design f. 31, Division II. Membrane Structures 5. Chapter 1307 - Elevators and Related Devices 6. Chapter 1315 - Adoption of the +99J-1996 National Electrical Code 7. Chapter 1325 - Solar Energy Systems 8. Chapter 1330 - Fallout Shelters 9. Chapter 1335 - Floodproofing Regulations 10. Chapter 1340 - Facilities for the Handicapped II. Chapter 1346 - Adoption of the 1991 Uniform Mechanical Code 12. Chapter 1350 - Manufactured Homes 13. Chapter 1360 - Prefabricated Buildings 14. Chapter ~ 1361 - SIRe',',' Loads Industrialized / Modular Buildings 15. Chapter 1370 - Storm Shelters (Manufactured Home Parks) 16. Chapter 4715 - Minnesota Plumbing Code 17. Chapter 7670 - Minnesota Energy Code B. This municipality may adopt by reference any or all of the following optional appendix chapters ofthe +994 1997 Uniform Building Code as authorized by Minnesota rule part 1305.0020 subpart 2:15, ReroofiRg; 33, E)(ea-yation aRd GradiRg. 2:3, Division III. 1992 one and two familv dwelling code: 33, Excavating and Grading. The following optional appendix chapters of the +994 1997 Uniform Building Code are hereby adopted and incorporated as part of the building code for this municipality. '\ , ) 1. 15, Reroofiag 2 '.- ) 2. 33, Excavating and Grading C. This municipality may adopt by reference any or all of the following optional chapters of Minnesota rule: 1306, Special Fire Protection Systems with option 8a (Group M, S, or F occupancies with 5,000 or more gross square feet); 1335, Floodproofing regulations parts 1335.0600 to 1335.1200. The following optional chapters of Minnesota rule are hereby adopted and incorporated as part ofthe building code for this municipality. 1. 1306 Special Fire Protection System with Option 8A 2. 1335 Floodproofing regulations parts 1335.0600 to 1335.1200 D. Section 109. Certification of Occupancy No building or structure shall be used or occupied. and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefor as provided herein including Group R. Division: III. Section 4. Architectural Desil!n (Structure). , ) A. Architectural Design, Exterior Facing The application for a building permit, in addition to other information required by applicable laws or regulations, shall include exterior elevations of the proposed structure and drawings which will adequately and accurately indicate the height, size, design, and appearance of all elevations of the proposed structure and a description of the construction and materials proposed to be used. B. Referral of Application by Inspector in Certain Cases ') / When an application is filed with the City of a building permit for any structure to be built, enlarged, or altered within, or moved into the City, the Building Official shall review such application and accompanying documents to determine whether the exterior architectural design, appearance, or functional plan of such proposed structure, when erected will be so at variance with, or so similar to the exterior architectural design of any structure or structures already constructed or in the course of construction which is within three hundred (300) feet of the lot upon which the structure which is located, or so at variance with the character of the applicable district as established by the zoning ordinance of the City as to cause a substantial depreciation in the property values of the neighborhood. The three hundred (300) feet restriction shall be determined by measurement along the street upon which the structure fronts (19K, 11-15-88). 3 , -, If the Building Official finds that the exterior architectural design of the proposed structure, when erected, may be so at variance with, or so similar to, the exterior architectural design, appearance, or functional plan of structures already constructed or in the course of construction in the neighborhood, no building permit therefore shall be issued and the Building Official shall within ten (I 0) days after receipt of the application of the building permit application and supporting documents, file the same and such opinion in writing, signed by the Building Official, with the Secretary of the Board of Design Control, which shall review the determination of the Building Official (I9J, 3-15-88). ) "-_/ C. Board of Design Control Created ,; The Andover Review Committee of the City of Andover shall be and is hereby appointed as the Board of Design Control. The Board shall review all building permit applications referred to it by the Building Official upon determination that the exterior architectural design of the proposed structure would violate the provisions of this ordinance. The Andover Review Committee shall act upon all applications or other matters referred to it within twenty (20) days from the date such application was originally filed with the Building Official. It may approve, conditionally approve or disapprove the exterior design of any proposed building or structure, enlargement or alteration and may modify, request such modifications as it may deem necessary to carry out the purpose and intent ofthis section. , Any person aggrieved by the decision of the Andover Review Committee may take an appeal therefrom to the City Council. Such appeal shall be taken within five (5) days after the decision of the Andover Review Committee. The City Council shall act upon all application or other matters referred to it within forty- five (45) days from the date of appeal (191, 2-02-88). Section 5. Improvements Required. A. The general contractor or home builder shall meet the improvements required under the ordinance establishing regulations and procedures for the subdivision and platting of land as: 1. Provide four (4) inches of topsoil and sod on all boulevards in areas served by municipal sewer and water, and four (4) inches of topsoil and seed on all boulevards in other areas, and the conditions regarding hard surfaced driveways and erosion control. B. Ifany of the improvements required under Section 5C are not completed at the time of the final inspection by the Building Inspector, the general contractor or home builder shall furnish to the City, a security agreement in an amount equal to 4 ~, -, _/ , , j 150 percent of the Building Official's estimated cost for such improvements. The improvements shall be completed within 30 days ofthe furnishing of the security agreements with the exception of providing four (4) inches of topsoil and sod on all boulevards in areas served by municipal sewer and/or water and four (4) inches of topsoil and seed on all boulevards in other areas at time of certificate of occupancy, except between October I and May I and all work shall be completed by June. Requests for the release of any security agreements provided hereunder may be made by the general contractor or home builder upon completion of all improvements covered by the security agreement. The Building Official shall state in writing the reasons for such denial. The general contractor or home builder may appeal the decision to the City Council by filing with the Building Official a written request for such appeal with ten (10) days after receiving the Buildings Official's notice. The appeal shall be placed on the agenda ofthe next regular City Council meeting. The general contractor or home builder shall be notified of the time and place of such meeting. The Council may affirm or reject to decision of the Building Official. C. The security referred to in this ordinance may be in the form of cash, money order, cashier's check or irrevocable letter of credit. Items to be escrowed for but not limited to, driveways, steps, brickwork, stucco, siding, garage floor, grading, deck footing, retaining wall, sidewalks, drainfields. D. If the improvements for which a security agreement has been given are not completed within a thirty (30) day period, the builder shall forfeit the security agreement and the City shall proceed to complete the improvements and collect the costs thereof from the security. E. If proof of other security is provided by the general contractor or home builder the above security will not be required. F. For the purposes of this ordinance, the term "boulevard' shall mean the area of a public right-of-way extending from the back of the curb, or the edge of a roadway where no curb is installed, to the right-of-way limit (19H, 1-12-88). Section 6. WDE Site A. No enclosed structure shall be built within 200 feet of the limit of refuse disposal at the WDE Qualified Facility as depicted as Line F in the Attached Exhibit A (Exhibit A is a drawing of the WDE Qualified Facility), except for any property north of Coon Creek. B. , , , For any enclosed structure to be erected within 200 feet to 500 feet of the limit of refuse disposal at the WDE Qualified Facility as depicted in Exhibit A, excluding property north of Coon Creek, (the line 500 feet distant from the limit of refuse disposal is depicted as Line F) the property owner shall, prior to construction of 5 <-) . , I '- ./ : ) the structure, install a soil gas monitoring probe located between the structure and the limit of refuse disposal at the WDE Qualified Facility. The soil gas monitoring probe shall be of a design approved by the Commissioner of the Minnesota Pollution Control Agency ("Commissioner") and shall be installed in a location approved by the Commissioner. The soil gas monitoring probe shall be installed by a water well contractor licensed in the State of Minnesota. Installation of a soil gas monitoring probe pursuant to this paragraph shall not be required if the Commissioner in their sole discretion, determines that an existing soil gas monitoring probe located in between the proposed enclosed structure and the limit of refuse disposal at the WDE Qualified Facility provided adequate monitoring. The property owner and their successor(s) and assign(s) shall grant the Commissioner and their designates access to the property in order to conduct sampling of the soil gas monitoring probe until such time as the Commissioner determines further monitoring is unnecessary. Within 30 days of the Commissioner's determination that the soil gas monitoring probe is not longer required the property owner at the time determination is made shall have the soil gas monitoring probe abandoned in accordance with Minnesota Department of Health water well abandonment requirements including having a licensed water well contractor perform the abandonment using grout tremied from the bottom up and cutting the monitoring probe riser below the ground surface. C. For all enclosed structures to be erected within 200 feet to 500 feet of the limit of refuse disposal at the WDE Qualified Facility excluding property north of Coon Creek, the property owner shall immediately upon completing construction of the enclosed structure, install in the basement or the lowest level of the enclosed structure, a minimum of one continuous explosive gas monitor equipped with an alarm set to sound at an explosive gas concentration of20 percent of the lower explosive limit (LEL) for methane. The property owner shall be responsible for the cost of installing and for maintaining said monitor. D. The extraction of groundwater for any purpose other than by the Commissioner as he or she deems necessary to carry out their duties and authorities under the Landfill Cleanup Act. Minn. Stat. SS 11558.39-46, ("Act") and the Landfill Cleanup Agreement between Anoka County, the WDEPRP Group and its members, and the Commissioner ("Agreement"), from the Upper Sand Aquifer within a distance of 500 feet from the limit of refuse disposal at the WDE Qualified Facility is prohibited. This prohibition shall not apply to the repair or replacement of existing wells provided there is no material increase in the quantity of groundwater extracted from the repaired or replaced well as compared to the existing well, and that the water used for drinking water purposes from the repaired/replaced well complies with all applicable drinking water standards. Any dewatering required for the installation of a public utility or for the repair, reconstruction, or expansion of public roads or highways within the area covered by this prohibition shall be subject to the advance written approval of the Commissioner and, if approved, shall be excluded from this prohibition. 6 \ '-J E. The extraction of groundwater for any purpose without the prior written approval of the Commissioner, other then by the Commissioner as he or she deems necessary to carry out their duties under the Act and the Agreement from the Lower Sand Aquifer within the area designated by line G on Exhibit A is prohibited. This prohibition shall not apply to the repair or replacement of existing wells provided that there is no material increase in the quantity of groundwater extracted from the repaired and replaced well as compared to the existing well and that the water used for drinking water purpose from the repaired/replaced well complies with all applicable drinking water standards. Section 7. Violations and Penalties. Any person who violates any provision of this ordinance shall be guilty of a misdemeanor and shall be subject to applicable fines and imprisonment defined by State law. This Ordinance shall become effective from and after its passage and publication as required by law. Adopted by the City Council of the City of Andover this 16th day of February, 1999. '\ / CITY OF ANDOVER 1. E. McKelvey, Mayor ATTEST: Victoria V olk, City Clerk 'i / 7 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '. ) DATE: Februarv 16, 1999 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Scott Erickson~ Engineering ITEM NO. :~q~rove Resolution Supporting Central Anoka County Regional Trail The City Council is requested to approve the attached resolution supporting the development and construction of the Central Anoka County Regional Trail corridor which is designated along Bunker Lake Blvd. (CSAH 116). This resolution supporting the trail corridor along Bunker Lake Blvd. will help facilitate the county receiving their funding for their portion (50%) of the cost of the trail. ') \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION SUPPORTING THE DEVELOPMENT AND CONSTRUCTION OF THE MULTI-USE CENTRAL ANOKA COUNTY REGIONAL TRAIL CORRIDOR. WHEREAS, Anoka County is pursuing the development of a multi-purpose regional trail system that would link local and state trail systems, regional parks, and provide safe and convenient routes for non-motorized traffic to traverse the County, and WHEREAS, in 1996, the Metropolitan Council adopted a Regional Trails Policy Amendment to its Regional Recreation Open Space Development Guidelines/Policy Plan for the implementation of corridors which provide access to high quality natural resources, regional parks, park reserves, and local areas of interest, and WHEREAS, Anoka County has designated County State Aid Highway 116 (Bunker Lake Boulevard) as the Central Anoka County Regional Trail Corridor, and WHEREAS, the Central Anoka County Regional Trail Corridor would link together four Anoka County municipalities (Anoka, Andover, Uno Lakes, and Ramsey) to Mississippi West Regional Park and Bunker Hills Regional Park, and WHEREAS, the Central Anoka County Regional Trail Corridor is strategically located to provide immediate pedestrian access to the recreational resources at Bunker Hills Regional Park for the citizens of Andover. NOW, THEREFORE, be it resolved that the City of Andover hereby offers its support to Anoka County in the effort to cooperatively develop the Central Anoka County Regional Trail Corridor. Adopted by the City Council of the City of Andover this 16th day of Februarv , 1999. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk DATE Februarv 16. 1999 ITEMS GIVEN TOTHECITYCOUNCIL . EDA Minutes - January 25, 1999 . Special City Council Minutes - January 25, 1999 . Planning and Zoning Minutes - January 26, 1999 . Housing and Redevelopment Authority Minutes - February 2, 1999 . City Council Minutes - February 2, 1999 . Special Joint City Council/Park and Recreation Commission Minutes - February 4, 1999 . Park and Recreation Commission Minutes - February 4, 1999 . Letter from Carolyn Clark - January 20, 1999 . January 1999 Monthly Building Report . Ord. No. 8LLLLL . Minnesota Public Utilities Commission Information . Fox Hollow Cottage Homes . Fox Hollow Preliminary Plat . Chesteron Commons North Feasibility Report . Schedule of Bills RECEIVED JAM 2 , 1900 CITY OF ANDOVER JANUARY 20,1999 ANDOVER CITY COUNCIL ANDOVER MINNESOTA DEAR COUNCIL MEMBERS, I AM WRITING TO YOU NOW, BECAUSE SPRING WILL BE HERE BEFORE WE KNOW IT AND POV'S WILL BE COMING TO YOU FOR A PERMIT TO HAVE THEIR OUT DOOR CONCERT. PLEASE DO NOT GRANT THEM A PERMIT. I LIVE A MILE FROM POV'S AND LAST SUMMER I THOUGHT THAT MY NEXT DOOR NEIGHBOR WAS BLASTING THEIR STEREO IN THE BACK YARD. WE WERE NOT ABLE TO GO TO SLEEP UNTIL MIDNIGHT BOTH NIGHTS. IF IT WAS THIS LOUD AT MY HOUSE, JUST THINK ABOUT THE PEOPLE THAT LIVE CLOSER. I WOULD ALSO LIKE TO SEE A RESOLUTION ADOPTED THAT WOULD PREVENT MAYOR MC KELVEY FROM VOTING ON ANY RESOLUTIONS CONCERNING POV'S AND/OR THE ANDOVER LIONS. BECAUSE OF HIS RELATIONSHIP WITH POV'S AND THE LIONS CLUB, I REALLY BELIEVE THERE IS GROUNDS FOR CONFLICT OF INTEREST HERE. WHILE WATCHING COUNCIL MEETINGS SOMETIMES IT IS VERY HARD TO KEEP TRACK OF WHO THE MAYOR IS REPRESENTING - THE CITY - THE LIONS CLUB OR POV'S. THANK YOU FOR READING THIS LETTER. SINCERELY, ,6tVU~~U00 CAROLYN CLARK 1292 -140 AVE NW ANDOVER MN 55304 786-9590 " J :J , " , J CITY OF ANDOVER COUNTY OF ANOKA ST A TE OF MINNESOTA ORDINANCE NO.8LLLLL AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows: Rezone approximately 1.12 acres from R-l, Single Family Rural to R-4, Single Family Urban, legally described as follows: That part of the Northeast Quarter of the Southeast Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at a point on the north line of said Northeast Quarter of the Southeast Quarter distant 701.25 feet east of the northwest comer of said Northeast Quarter of the Southeast Quarter; thence South 89 degrees 00 minutes 06 seconds East 160.33 feet; thence South 00 degrees 08 minutes 01 seconds West 131.56 feet; thence South 15 degrees 19 minutes 53 seconds East 101.89 feet; thence South 00 degrees 06 minutes 01 seconds West 56.83 feet; thence North 89 degrees 00 minutes 06 seconds West to a point 701..25 feet east of the northwest comer of said Northeast Quarter of the Southeast Quarter; thence North 00 degrees 10 minutes 27 seconds East to the point of beginning. NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 17th day of November, 1998. CITY OF ANDOVER ATTEST: jl.. !'K~~'~ /, I::. ~.'~'(L ":';,~ - Victoria V olk, City Clerk ~ City of Andover REZONE R-l TO R-4 1650 ANDOVER BLVD NW '\ / / =:-',,{/ \ \ \ ' I- en 0:: w w 9 ..J S2 LEGEND NSUbjeet Prope~ AI Street Center LInes Water.shp _I=tark..shp Parcels 8 Lot I Parcel Boundaries Right-of-Way Water Features Zcnng Ost'lcts :::J R.' ~~. Famt'r'Ru'U ~. R-U,. ~co..nd Heusing t R-2. SngIe Famly.Estat. R.]. SIngle FamtY"~ R-4. SnOe FIII'II.~l..kblIn Mol . M.Ja~e OO-lIInl"Q L.CH Oemlty _ ""2 - WIpe Owlllllng r="'l L.B. Umltecl a..n.n ~ NB. Net~ a.an.st II SC . Shoppng Cn.. i GS . GroerI6 e".,.." I. h1.Istnlll GR. G<<1.... Recrada"l N A Sources: Andover Engineering Andover GIS Anoka County GIS "\ lmch '" 357 (~et RF. 1:4.:83 Map Date: October 14. 1998 "e/ ~q v V 7' BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE APPLICATION OF EASTON TELECOM SERVICES INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE RESALE SERVICES Docket No. P-5360/NA-97-1798 NOTICE OF FILING PLEASE TAKE NOTICE, that in accordance with the Minnesota Public Utilities Commission's Rules for the Provision of Competitive Intrastate Telecommunications Services (Minn. Rules 7812.0200), you are hereby given notice that on December 19, 1997 EASTON TELECOM SERVICES INC. filed an Application for a Certificate of Authority to Provide Local Exchange Resale Services. This 9th day of February, 1999. SERVICES INC. BY: L// Patrick D. Crocker Its Attorney FEASIBILITY REPORT tor Cheslerton Commons North City Project No. 98-36 Utility and Street Improvements CITY OF ANDOVER Mayor: Jack McKelvey Council Members: Julie Johnson Mike Knight Don Jacobson Ken Ortlel Clerk: Vicki Volk February 1999 \mlFHA ~ McCombs Frank RODS . '+' Associates, Inc. .. ,.., LJ .. ,..., LJ ,.., LJ n LJ n u n u ,..., LJ ,..., U n u n u ,..., LJ n LJ ,..., LJ ,..., U ,..., U ,.., LJ n u n LJ ,.., LJ -" "~~-:-:-.,:' ."-~'C~~'--~;-__ --~~ -. - .1 Engineering . Planning · Surveying .. I OOUJ~ 00 ffi1 , .J ~ McCombs Frank RODS "-V Associates, Inc. February 12, 1999 Honorable Mayor and City Council City of Andover c/o Mr. Scott Erickson, P.E., City Engineer 1685 Crosstown Boulevard Northwest Andover, Minnesota 55304 SUBJECT: City of Andover Chesterton Commons North, City Project No. 98-36 Utility and Street Improvements MFRA #11901 Dear Mayor and Council Members: Enclosed is the feasibility report for the utility and street improvements in Chesterton Commons North. This report was ordered by the City Council on January 5, 1999. The estimated cost for this project as detailed in the report is $625,300.00. The project is feasible from a technical and engineering standpoint. We appreciate the opportunity to serve you on this project and are available to meet with the City Council, staff, and other interested parties to review any aspect of this report. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. PJit ~ R. Jeff Elliott, P.E. RJE:aam Enclosures 15050 23rd Avenue North . Plymouth, Minnesota . 55447 phone 612/476-6010 . fax 612/476-8532 e-mail: mfra@mfra.com n LJ n u n u n LJ n LJ n LJ n u n u n u n LJ n LJ n LJ n LJ ,.., LJ ,.., u n LJ n LJ n LJ n LJ FEASIBILITY REPORT FOR CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS CITY OF ANDOVER, MINNESOTA PREPARED BY: McCombs Frank Roos Associates, Inc. 15050-23rd Avenue North Plymouth, Minnesota 55447 (612) 476-6010 February 1999 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. p..~ '. . 02/09/99..........i.J~ffEiii~~:pi..O Zl:?.....~...................................................Mlnn. Reg. No. 19174 n u r"l LJ ,..., LJ r-, LJ r-, u ..., LJ ,., u ...., u ,.., LJ ..., I LJ ,..., I U ,..., I LJ r: u TABLE OF CONTENTS TABLE OF CONTENTS ........................ ...... ........ ....... .......... ..... .................................................... ............................. 1 INTRODUCTION .... ..... ............ ........ ........................ ..... .......................... ............... ..................................................... 1 LOCATION (SOUTHWEST 1/4 OF SECTION 14, T32N, R24W).......................................................................... 2 IMPROVEMENTS .......................................................... ........................................ .................................................... 3 1. SANITARY SEWER ........................... ......... ....................................................................................................... 3 2. WATERMAIN ...................... ..................... ................... ......................................................................................4 3. STORM SEWER............................................... ... .... ...................................... ....................... ............................. 5 4. STREETS AND RESTORATION .................. ............................ ............................................................................. 6 INITIATION (PETITION/ANDOVER CITY COUNCIL ACTION)................................................................................ 6 FEASIBILITY (THE PROJECT IS FEASIBLE) .......................................................................................................... 6 RIGHT-OF-WAY/EASEMENTS (TO BE PLATTED AND DEDICATED OUTSIDE OF PLAT, AS NECESSARY)... 7 PERMITS (ANOKA COUNTY, MPCA, MCES, DEPARTMENT OF HEALTH, DNR, CORPS OF ENGINEERS, COON CREEK WATERSHED DiSTRiCT)............................................................................................. 7 COMPLETION (AUGUST 13, 1999) ........................................................................................................................ 7 ESTIMATED PROJECT COST ($625,300.00)..........................................................................................................8 ESTIMATED ASSESSABLE COST (UNIT BASiS)................................................................................................... 9 RATE CALCULATION ................ .......... ................. .................................................................................................. 10 ESTIMATED COST PER LOT ($14,989.72)............................................................................................................14 PROPOSED PROJECT SCHEDULE (1999 CONSTRUCTION SEASON) ................................................ .15 PRELIMINARY COST ESTIMATE (SANITARY SEWER, WATERMAIN, STORM SEWER, AND STREET n RESTORATION) ......................................................... ................... .................... ........ .............. ............. ....... ........ 16 u r"l u .., u ,..., LJ n L.J n u ,., u ..., u CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS ..., u n u INTRODUCTION Ll The purpose of this feasibility report is to present the City of Andover with a preliminary examination of municipal improvements for Chesterton Commons North. The report discusses the proposed scope of utility and street improvements, preliminary cost estimates, assessment rates, and a project schedule. The report was initiated by the Andover City Council on January 5, 1999 and has been prepared in compliance with Minnesota State Statues 429 for projects resulting in special assessments. The costs provided in this report are based on the current Engineering News Record Construction Cost Index of 5,990.77. .., ...., u n L..l .., u n L.J This feasibility report is proposed with the understanding that permanent and temporary utility easements will be provided to the City of Andover in order to extend and serve adjacent plats with utilities. The dates shown on the Proposed Project Schedule on page 12 are contingent on the acquisition of these mentioned utility easements. ,.., L.J ..., , u .., u n u .., I u ..., u ,.., L.J ,., u .., I L.J ~ L.J n u CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 2 r"1 LJ r"1 u LOCATION r"1 u The proposed project covers utility and street improvements in the proposed Chesterton Commons North development located in the southwest 1/4 of Section 14, T32N, R24W, in the City of Andover, Minnesota. ,.., LJ ..., u u A preliminary plat containing 47 single family lots has been approved with contingencies for Chesterton Commons North. Three lots located within Cambridge Estates Second Addition are served by and are included as part of this feasibility report. Therefore, the total number of lots served by Chesterton Commons North is 50 lots. ,.., ..., u ,.., u The Chesterton Commons North Plat is bordered by Cambridge Estates Second Addition and County Ditch No. 37 on the south, unplatted areas on the east and north, and Hanson Boulevard NW on the ..., u west. ,..., i U ..., LJ ,.., u ..., I u ,.., u ,.., LJ ,..., u .... i LJ r'l tJ ,.., u CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 3 ,.., u ,.., u IMPROVEMENTS ,.., u ,.., 1. Sanitary Sewer u .., I The proposed sanitary sewer collection system for this project will be provided by connecting to the proposed 8-inch diameter PVC sanitary sewer to be located between Chesterton Commons North and Cambridge Estates Second Addition at Drake Street NW. In addition, this project will be served by the lift station to be located in Chesterton Commons Third Addition. LJ ,.., u n u ,.., It is proposed to extend 8-inch diameter PVC sanitary sewer northerly through Drake Street NW, to the 159th Avenue NW intersection, a distance of about 635 feet. At the intersection of 159th Avenue NW and Drake Street NW, a 8-inch diameter PVC sanitary sewer will extend easterly about 760 feet to the northeast comer of Chesterton Commons North. This sewer will serve as a future connection for other possible development to the north and east. An 8-inch diameter PVC sanitary sewer will also extend westerly about 350 feet along 159th Avenue NW. ,.., w u ,.., I U .., u ,.., u In addition, 8-inch diameter PVC sanitary sewer will extend easterly through 158th Lane NW, about 560 feet; to the intersection with Crane Street NW. An 8-inch diameter PVC sanitary sewer will extend northerly through Crane Street NW, about 240 feet and southerly about 350 feet. About 250 feet of 8-inch diameter PVC sanitary sewer will be extended westerly from the Drake Street NW and 158th Lane NW intersection. ,.., u ,.., u .., u ,.., u n u ,.., u n u CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 4 n u n LJ n All residential lots will be served by 4-inch diameter PVC services, with a 4 inch diameter PVC vertical clean-out located at the right-of-way line. LJ n u The sanitary sewer addressed under this project is proposed to be paid as follows: n A. Three lots within the proposed Cambridge Estates Second Addition abut and will be served by Chesterton Commons North. Cambridge Estates will pay for their sanitary sewer within Chesterton Commons North. u n u ..., u B. The cost of the 8-inch and smaller sanitary sewer shall be paid by Chesterton Commons North. n u u C. The cost of their share of the lift station shall be paid by Chesterton Commons and Cambridge Estates. n n 2. Watermain , u n Water service will be primarily extended from a proposed 8-inch diameter DIP trunk watermain to be located between Cambridge Estates Second Addition and Chesterton Commons North, at Drake Street NW. The 8-inch diameter DIP trunk watermain will be extended northerly, westerly and easterly along the west and south right-of-way of the streets within the remainder of the project as shown on the watennain exhibit (refer to Exhibit 2). All watermain on the project will be equipped with the necessary valves and hydrants necessary for proper operation and fire protection. u n u n L.J n , u n n All lots will be served by one inch copper services, with curb stops located at the right-of- way line. u u n U n , u ,.., u CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 5 ,.., LJ ,.., u The watermain addressed under this project is proposed to be paid as follows: A. Three lots within the proposed Cambridge Estates Second Addition development abut and will be served by Chesterton Commons North. Cambridge Estates will pay for their water within Chesterton Commons North. r: u ,.., u ., B. The cost of the 8-inch and smaller watermain shall be paid by Chesterton Commons. LJ n u 3. Storm Sewer .., u Surface water within this plat will be controlled with storm sewers and on-site ponding. All storm sewer sizing and catch basin spacing is based on a 10-year design storm frequency. Ponding is based on a 100-year design storm frequency. Emergency overflow will be provided at all low points within the streets to provide overflow protection of homes for runoff events with greater flows than those used for the design of the storm sewer collection system. ,.., u ,.., u ,.., u ,..., It is proposed to construct catch basins at all low points within the streets throughout the plat and direct most of the runoff to sedimentation ponds prior to discharging into County Ditch No. 37. The proposed system is shown on the storm sewer exhibit (refer to Exhibit u ,.., u 3). r"'l u u All construction adjacent to wetlands will be approved or reviewed by the Corps of Engineers, the Department of Natural Resources and/or the Coon Creek Watershed District. All permits related to total site grading are the responsibility of the developer. ,... ,.., LJ n u ,..., u ,..., u " L.J CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 6 n u ., L.J 4. Streets and Restoration ,., c...J LJ Public streets are proposed to be constructed (refer to Exhibit 4) to Andover City Standards which require a 32-foot width (face to face of curb) with concrete curb and gutter. The streets will be constructed with 2-1/2 inches of bituminous wearing course and 4 inches of Class 5 gravel base over an acceptable compacted subgrade. It is assumed that all street areas will be graded by the developer to within 0.2 feet of the designed subgrade elevation prior to utility and street construction. n " L.J ,..., LJ " u The road shall have a 6-inch crown with 0.5% minimum grade and 7% maximum grade. Grades within 30 feet of street intersections shall not exceed 3%. Boulevards are .., u L.J proposed to have a positive 2% grade from the back of curb to a distance of 8 feet behind the back of curb. Beyond 8 feet behind the back of curb, the maximum boulevard slope shall be 4: 1. n n u " In the future, a bikeway/walkway/trail is proposed to be constructed in the northwest comer of this project. The owner will be required to escrow $1,000 for their portion of the trail improvements. c...J .., u " INITIATION LJ ,..., The project was initiated by the petition of Ashford Development Corporation, Inc., the owner and developer of Chesterton Commons; and Andover City Council action. L.J .., L.J ,..., FEASIBILITY L.J " The project is feasible from a technical standpoint and meets all local, regional and state standards for municipal improvements. L.J ~ L.J ,..., u n CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 7 LJ ~ L.J u RIGHT -OF-WA Y/EASEMENTS ,.., n All right-of-way and easements are proposed to be dedicated as part of the platting process. Additional utility and drainage easements will be required based upon final design, including areas located outside of and adjacent to this plat. u LJ ,.., L.J PERMITS n u ,., Permits will be required from the Anoka County Highway Department for work within County Highway right-of-way, the Minnesota Pollution Control Agency (MPCA) and the Metropolitan Council Environmental Services (MCES) for sanitary sewer extensions; from the Minnesota Department of Health for watermain extensions; and from the Coon Creek Watershed District, Department of Natural Resources and/or Corps of Engineers for drainage improvements and work within watershed control of wetland protection areas. u ,..., :...J r"I, u n :...J COMPLETION ,., u .., This project is proposed to be completed during the 1999 construction season. :...... ,..., u ,..., u ,., u n u n ..J " u CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 8 " u .., u ESTIMATED PROJECT COST ,...., u n Included in this report is a detailed estimate of construction costs for the street and utility improvements. The costs quoted herein are estimates only and are not guaranteed prices. Final contracts will be awarded on a unit price basis. The contractor will be paid only for work completed. The cost estimates are based on 1999 current construction costs. Costs associated with future phases of this development will need to be adjusted for inflation and future City trunk rates. No costs are included for easement or right-of-way acquisition. u .., u n u ,..., u The estimated costs for Chesterton Commons North, City Project No. 98-36 are as follows: ,..., u Construction Costs North Total Sanitary Sewer $ 118,000.00 Watermain $ 114,000.00 Storm Sewer $ 78,000.00 Streets and Restoration $ 171.000.00 TOTAL ESTIMATED CONSTRUCTION COST $ 481,000.00 Overhead Costs Engineering $ 80,018.00 Aerial Mapping (1 % of street) $ 1,710.00 Drainage Plan (0.3% of street/storm) $ 747.00 Administration (3%) $ 14,430.00 Assessing (I %) $ 4,810.00 Bonding (0.5%) $ 2,405.00 City Expenses - Public WorkslEngineering/Construction Inspection $ 14,750.00 Testing $ 4,000.00 Construction Interest $ 14,430.00 Signs $ 5,000.00 Other $ 2.000.00 TOTAL PROJECT COST $ 625,300.00 n u n u .., L.J .. u n ...J ,.., u .., u .., L.J n L.J n L.J ..., L.J CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 9 -, u .., u ESTIMATED ASSESSABLE COST ..., u ..., The assessments are proposed to be based on a per unit cost for all lateral and trunk benefits. The assessments include the estimated project costs for sanitary sewer, watermain, storm sewer and street construction, plus the following connection and area charges for trunk sanitary sewer and watermain. The trunk charges proposed to be assessed under this project are based on 1999 rates established by the City of Andover. Depending on the actual trunk locations determined by the City, these reported costs may need to be adjusted or modified. u n u ..., LJ ..., :...J Trunk Sanitary Sewer Connection Charge Trunk Watermain Connection Charge Trunk Sanitary Sewer Area Charge Trunk Watermain Area Charge Sanitary Sewer Lift Station Charge $306.00/unit $1,325.00/unit $1,126.00/acre $1,195.00/acre $110.00/unit ..., u n u .., u n u n u n LJ n u :--, u ..., u n u .., u r-, u r-, LJ CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 10 ,...., -...J RATE CALCULATION (NORTH) ..., J ,.., ~ ..., u " LJ ..... u r-, u ,...., u ,..., ~ n u r-, u " LJ " OJ ...., L.I ..... ~j r1 LJ " LJ 1. Sanitary Sewer Lateral Rate Lateral Benefit = $118,000.00 x 1.3 Lateral Sanitary Sewer Rate = $153,400.00/50 lots Watermain Lateral Rate $ 153,400.00 $ 3,068.00/unit 2. 3. Lateral Benefit = $114,000.00 x 1.3 Lateral Watermain Rate = $148,200.00/50 lots Storm Sewer Rate $ 148,200.00 $ 2,964.00unit 4. Benefit = $78,000.00 x 1.3 Storm Sewer Rate = $101,400.00/50 lots Street and Restoration Rate $ 101,400.00 $ 2,028.00/unit Benefit = $171,000.00 x 1.3 Street & Restoration Rate = $222,300.00/50 lots Trunk Sanitary Sewer Area Rate Lateral Trunk Sanitary Sewer Area Rate = $1,126.00/acre X 16 acres/50 lots = 6. Trunk Watermain Area Rate $ 222,300.00 $ 4,446.00/unit 5. $ 360.32/unit Lateral Trunk Watermain Area Rate = $1,195.00/acre x 16 acres/50 lots = $ 382.40/unit 7. Sanitary Sewer Lift Station Charge $ 11O.00/unit ...., w ..., LJ CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page I 1 ., LJ ESTIMATED COST PER LOT (North) ..., LJ n u ...., u ..., u ., LI M LJ ., u n u ,., u n u ..., u ., w ..., LJ ,., w ,., u n u 1. 2. 3. 4. Sanitary Sewer Lateral Watennain Lateral Stonn Sewer Street and Restoration Subtotal - Lateral Charges per Lot Sanitary Trunk Connection Charge Watennain Trunk Connection Charge Subtotal - Connection Charges per Lot Trunk Sanitary Sewer Area Rate Trunk Watennain Area Rate Subtotal - Area Rate Charges per Lot Sanitary Sewer Lift Station Charge Subtotal- Lift Station Charges per Lot Estimated Total of Trunk Area Lateral 5. 6. 7. Assessments $ 3,068.00 $ 2,964.00 $ 2,028.00 $ 4.446.00 $12,506.00 $ 306.00 $ 1.325.00 $ 1,631.00 $ 360.32 $ 382.40 $ 742.72 $ 110.00 $ 110.00 $14,989.72 n u n u CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 12 n u ~ PRELThflNARYPROJECTSCHEDULE u :-,: '" ;;--',~- ':".:':>> ","-' "/.- '.--.:,--O'... --,.., ,', -.--,-., .. -',.,'.--.-.>->-:<.',.- '---',:-"'-'-,':<:.:-',',," ....: :', ,',:-,', -',"- :'-... ..... ........."..:.:.:..:-.,....:..'..':... .:.....'.:: .....' .-,: :'.....::....-.<'.. :":', -, .:.,' - " UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 98-36 . . CITY OF ANDOVER u n ,..., ,..., 1. City Council Receives Revised Feasibility Report February 16, 1999 2. City Council Waives Public Hearing February 16, 1999 3. City Council Orders Project and Authorizes Engineer to Prepare Plans and Specifications February 16, 1999 4. Engineer Submits Plans for City Council Approval and Receives Authorization to Advertise for Bids March 16, 1999 5. Advertise in City Official Newspaper and Construction Bulletin March 19,26 and April 2, 1999 6. Open Bids April13,1999 7. City Council Receives Bids and Awards Contract April 20, 1999 8. Contractor Begins Construction May 3,1999 9. Contractor Completes Construction August 13, 1999 . u u .., u n u n u n :.j n u n u NOTE: Project schedule is based on receiving necessary right-of-way, easements and favorable approval of trunk water and sewer extensions. n u .., u n L.J n u ,..., u n LJ ..., LJ CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 13 ..., u ..., l.j PRELIMINARY COST ESTIMATE n u ..., u UTILITYAND~TREEl'IMPROYEl\fENTS '.' CITY PROJE~ NO.i98-36 .... CITY.OF.ANDOVER" n SANITARY SEWER u ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT ..., LJ 1. Mobilization 1 LS 9,000.00 $ 9,000.00 2. 8" PVC SDR 35 SS 8'-10' 510 LF 15.00 $ 7,650.00 3. 8" PVC SDR 35 SS 10'-12' 1880 LF 17.00 $ 31,960.00 4. 8" PVC SDR 35 SS 12'-14' 845 LF 19.00 $ 16,055.00 5. Standard 4' Diameter Manholes 0-10' 11 EA 1,350.00 $ 14,850.00 6. Extra Depth Manhole 14LF 80.00 $ 1,120.00 7. 8" x 4" SDR 35 Wye 50EA 50.00 $ 2,500.00 8. 4" Vertical Cleanout 50EA 40.00 $ 2,000.00 9. 8" Vertical Cleanout 3EA 60.00 $ 180.00 10. 4" PVC SDR 26 Service Pipe < 14' 1660 LF 8.00 $ 13,280.00 11. Granular Foundation Material 900 TN 10.00 $ 9,000.00 12. Televise Sanitary Sewer Lines 3235 LF 0.50 $ 1,617.50 I.... ..... .... Estimated ConstructioD.Cost- Sanitary Sewer.. ..... ....<<. .......... ......; $109,212.50 ..... 1>< ... Contingencies (:t8% )<: '.' ".r.' < ......... ....i. ........c >.' ..... ..... ...... ............, '''$\8,787.50 1< .. ". I.'. ..... Total Estimated. Construc.tion. Cost - Sanitary Sewer. ............. .> .... ....'/..\ [$118,000.00 I n u ,.., u n u ..., u ,., l.j ..., u ,., u ,., u n u ,., u ,.., u ..., u r"'1 L1 CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 14 r"'1 u r"'1 ,.., L1 u UTILITY AND: STRE:ET.IMPROVEMENTS CITYPROJECTNO.9S:"36 CITY OFANDOVER ,.., L1 WATERMAIN n u ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT .., 1. 6" DIP Class 50 Watermain 200 LF 14.00 $ 2,800.00 2. 8" DIP Class 50 Watermain 3,755 LF 15.00 $ 56,325.00 3. 6" MJ Resilient Seat Gate Valve 8EA 400.00 $ 3,200.00 4. 8" MJ Resilient Seat Gate Valve 14EA 550.00 $ 7,700.00 5. 6" MF Hub Hydrant (9' -0") 8EA 1,350.00 $ 10,800.00 6. MJ DIP Fittings 5,500 LB 1.50 $ 8,250.00 7. 1" Type K Copper Tap Service 1,500 LF 8.00 $ 12,000.00 8. Water Service Groups 50EA 100.00 $ 5,000.00 . Estimated Construction Cost-Watermain . . ..../. .<< ....... '. .... $106,075.00' .... '" Contingencies (t8%).< :....... .. .... .....:......... ". >$..7,925.00 . .. ......; .':" :" ....::.. '. . .. . TotalEstimatedConstrudionCost - Watermain .... .... '. ... $114,000.00. .. ...... ...... ..... L1 .., u r"'1 LJ ,.., u ,.., u n u .., u .., u .., LJ ,.., u .., u .., u n u r1 L.J ,..., CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 15 u ,..., u PRELIMINARY COST ESTIMATE r1 UTILITY AND STREET IMPROVEMENTS ". CITY PROJECT NO. 98-36 . CITY OF ANDOVER , u r1 u STORM SEWER n ~ ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT r1 1. 12" RCP Class 5 Storm Sewer 155 LF 15.00 $ 2,325.00 2. 15" RCP Class 5 Storm Sewer 750 LF 20.00 $ 15,000.00 3. 18" RCP Class 5 Storm Sewer 180 LF 25.00 $ 4,500.00 4. 21" RCP Class 5 Storm Sewer 625 LF 27.50 $ 17,187.50 5. 12" RC Flared End Section wrrG 1 EA 500.00 $ 500.00 6. 15" RC Flared End Section wrrG 6EA 600.00 $ 3,600.00 7. 21" RC Flared End Section wrrG 2EA 900.00 $ 1,800.00 8. 4' Diameter, Cone Type Catch Basin 0-9' 6EA 1,000.00 $ 6,000.00 9. 4' Diameter, Catch Basin Manhole 0-9' 7EA 1,100.00 $ 7,700.00 10. 4' Diameter, Storm Sewer Manhole 0-9' 5EA 1,200.00 $ 6,000.00 11. 4' Diameter Skimmer Manhole lEA 2,000.00 $ 2,000.00 12. Hand Placed Rip Rap 90CY 50.00 $ 4,500.00 13. Erosion Control at Catch Basin 13 EA 50.00 $ 650.00 14. Silt Fence 400 LF 2.00 $ 800.00 I>u.... Estimated ConstJ:"UctionCost":StormSewer.' .......Ui...>. ..........22...' ...>y . $72,562.50 "0 Contingencies (:t8%) .. :. >'. . .........,............./.>...:............,:....\........'.:.' ". $:5,437.50 ,.. .... . .......... :' TotalEstimatedConstruction Cost - Storm Sewer'/.."i>., . '..... . .............:... . $ 78,000~00 L.J n u n u r1 u n u n u ,..., u r1 u n u r1 u ,..., u n u r1 u n LJ n CHESTERTON COMMONS NORTH CITY PROJECT NO. 98-36 UTILITY AND STREET IMPROVEMENTS Page 16 L.J n LJ PRELIMINARY COST ESTIMATE ~ LJ .. UTILITXAND S'fREET IMPROVEMENTS. CITY PROJECT NO. 98-36 CITY OF ANDOvER n L.J n STREET AND RESTORATION CONSTRUCTION LJ n ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT L.J n 1. Surmountable Curb and Gutter 6,280 LF 6.00 $ 37,680.00 2. B618 Curb and Gutter 925 LF 8.00 $ 7,400.00 3. Class 5 Aggregate Base 3,850 TN 7.00 $ 26,950.00 4. Bituminous Mix 2331 Type 41 2,150 TN 29.00 $ 62,350.00 5. Seeding (Mix No. 900) and Mulch 3AC 1,000.00 $ 3,000.00 6. Seal Coating 14,700 SY 1.00 $ 14,700.00 7. Topsoil 200 CY 10.00 $ 2,000.00 8. Wood Fiber Blanket 1,000 SY 2.00 $ 2,000.00 9. Clear and Grub 1 LS 1,500.00 $ 1,500.00 10. Striping 1 LS 1,000.00 $ 1,000.00 \<. Estima.ted Construction Cost-Street Constructioll / ' '<'i','~' , . $.!.158,580.00\ . ................. Contingencies (:t8%). ........ ....... \. .......\i<.\><<\>.\.) $12,420.00. I>... Total Estimated Construction Cost';; StfeetCollstructioll ,....." "-., $'1'11;000;00. LJ n L.J n L.J n u n u n e:\main:\1190 IIfeas 1-29 LJ n L.J n LJ n LJ n LJ n U n LJ cJ... ~ ~!~ 2 ~ I W ~~; J: lD ~ ~ II 81-!!l ~- I- I')~::i W 6i oD 0 Z~ ~ ~ ~ ~ ! >- ~ >- a I- ~ 00 Q.ci W i)o~ . cna::"" - . 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It) <((f) U<( :r: a.. ~- ----------, V -- --- 'M 'N O~\f^31n08 NOSN'tH ------------------- .... ,. \. >~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE February 16.1999 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance aD rJ\ Jean D. McG~ lITEM NO. Schedule of Bills REOUEST: The Andover City Council is requested to approve total claims in the amount of $ 863.994.64. BACKGROUND: Claims totaling $ 84.086.64 on disbursement edit list #1 dated 02-09-99 have been issued and released. Claims totaling $749.270.50 on disbursement edit list #2 dated 02-16-99 will be issued and released upon Council approval. Debt service payments totaling $30.637.50 due 03-01-99 will be wire transferred on 02-26-99 upon Council approval. Date: 02-16-99 Approved By: ~ ~ "" "''' >< 00. 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