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Home My WebLink AboutCC March 18, 1997 y CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - March 18, 1997 agenda Call to Order - 7:00 PM Resident Forurn Agenda Approval Consent Agenda Approval of Minutes Bookmark ~ minutes ) Discussion Items 1. Authorize 1997 G.O.Special Assessment Bond 2. Set Sale/1997 G.O.Special Assessment Bond 3. Rezoning/Hamilton Property/Cont. 4. Preliminary Plat/Chesterton Cornmons/Cont. 5. Accept Petition/Order Feasibility Reportf97-8/Chesterton Commons 6. Special Use PermitfPUDffimber River Estates 7. Preliminary PlatlTimber RiveT Estates , 8. Discuss/Ord. # 92/Adult Uses 9. Discuss Removal of Stop SignsNukon Street & 140th Avenue 10. Appoint Coon Creek Watershed District Member 11. Discuss Financing/97-3 & 97-4/Crack Sealing & Seal Coating 12. Discuss Rolling Meadows Estates/Grading/DTainage/Erosion Control Plan 13. Approve Plans & Specs/95-14/Crooked Lake Boulevard 14. Discuss Letter/Crooked Lake Area Association 15. Discuss Council Chamber's Ceiling authoriz setsale hamilton chestert pet978 pudtimbe pptimber ord92 stopsign ccwd crkseal rollmdws ps9514 ltrclaa ceiling BRA Meeting 16. Reallocation of CDBG Social Service Funds cdbg EDA Meeting , 17. Discuss Alternate Street Alignment/97-2IBunker Lake Blvd Phase II /Cont. bunker Reports of Staff. Committees. Commissions 18. Call Special Meetings 19. Request Mowing Services 20. Review Finance Options for Public Works Building/96-15 spmtg mowing pworks Non-Discussion/Consent Items 21. SUP/Retail Trade & ServicelBeberg & Skogman/13340 Hanson Blvd. NW 22. Adopt ResolutionlIntent to Bond/Capital Improvement Projects 23. Approve Final Plat/Cherrywood Estates (Timber Oaks Estates) 24. Approve Final PlatIWoodland Estates 25. Accept Feasibility Reportf97-5/Woodland Estates 26. Approve 1997 Street Sweeping Quotes 27. Approve Resolution/96-1/Kelsey Round Lake Park Grant Application 28. Accept Feasibility ReportfOrder Plans & Specs/97-14lBunker Lk Blvd & Prairie Road Improvements ' 29. Accept Feasibility Reportf97-7/Crown Pointe East 2nd Addn, 30. Accept Feasibility Reportf97-6/Shadowbrook 2nd Addition beberg ciproj fpcherry fpwdest acpt975 sweep appr961 acpt9714 acpt977 acpt976 Page Two Regular City Council Meeting - March ,18, 1997 31. Accept Petitionl97-18l7S2 - 1 40th Lane NW 32. Approve OTd. Summary/Ord. No.20S 33. Adopt Ord. No. 23E(To Repeal Ord. No. 23) 34. Adopt Ord. No. 207(Regulating the Keeping of Equines) 3S. Adopt Ord. No. 24F(To Repeal Ord. No. 24) 36. Adopt OTd. No. 209(Providing for Salaries of Mayor & Council Members) 37. Adopt. Ord. No. 21 I (Abolishing Position of City Clerk-Treasurer & " Creating Positions of City Clerk &Treasurer) , 38. Adopt Ord. No. 26C(To Repeal Ord. No. 26) 39. Adopt Ord. No. 212(Changing/Renaming Street Names) 40. Adopt Ord. No. 18A, 27A, 54A, 67A, 83A, 84A, 91A, 94A, lOSA, lISA, & ll6A 41. Authorize and Approve BidslInterior Painting at Fire Station # 1 and #2 42. Authorize and Approve Bids/Repairs to Fire Department Chevrolet Suburban 43. GFOA Conference Mayor-Council Input Payment of Claims Adjournment pet9718 ord205 ord23e ord207 ord24f ord209 ord211 , ord26c ord212 ord18a firestat chevrole ' gfoa CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: March 18. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Approval of Minutes City Clerk ~ t ' I) . ITEM NO. Approval of Minutes The City Council is requested to approve the folIowing minutes: March 4, 1997 Regular Meeting March 4, 1997 HRA Meeting ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 18. 1997 Discussion ORIGINATING DEPARTMENT Finance Jean D. McGann AGENDA SECTION lITEM No.1. Authorize 1997 G.O. Special Assessment Bond REOUEST: The Andover City Council is requested to authorize City staff to proceed with the 1997 Capital Improvement Project financing for the following projects. . J Projects: Shadowbrook Crown Point Truck Water and Sewer Improvements $1,641,986.90 553,521.81 874.000.00 Total $3 069.508.71 BACKGROUND: In 1994, a General Obligation Special Assessment bond was issued to cover a series of projects. Within this bond issue, only the actual project costs were bonded for. In conjunction with these projects, Water and Sewer trunk lines were installed however the costs associated with the installation of these lines were not bonded for. The 1997 bond issue will cover the trunk costs as well as the development project costs listed above. The Trunk costs associated with this bond issue will be repaid through future assessments and connection fees. These fees will be collected over the next five years. The projects costs associated with this bond issue will be repaid through the developers that own the property. ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 18.1997 Discussion ORIGINATING DEPARTMENT Finance Jean D. McGann AGENDA SECTION lITEM NO. d. Set Sale/1997 G.O. Special Assessment Bond REQUEST: The Andover City Council is requested to adopt the attached resolution setting the sale for the 1997 G.O. Special Assessment Bond. I The bid deadline will be established as Tuesday, April 15, 1997 at 11:00 A.M. Central Time upon Council approval ofthis resolution. Mr. Thomas Trusinski, a repTesentative from Juran & Moody, Inc. is here tonight to answer any questions the City Council may have. J SENT BY: 3-11-97 ; 7:26AM ; JURAN & MOODY~755 8923 ;# 4/ 4 [~- -;~- ~-~-;; -;-~-;~- -~-~~i I~ c: ~ ~ ' ~ ~ ~ !!l t1 n t:J ~ "CII l~ ~ ~ 21 0 t;;l t;l ~.. ~ ~ t-' 1:1 :~ Q ~~~~~~ ~~ ~~Q~ Id ~ 8f=~~l:'J!j a~ ~~;35 ::00 ~ ,,~l::~ ~~ ~(IlO~ I:;; !!l ;::;j'l1~(']!a~ "'~~ii' I'" , !ll> t"' f= tIJ U Gl til '-l ~ :~ ~ ~Qo", ~~ eJ"lQ:;i!i :0 0 ~!il2~::l~ :!s:~i: 1\:' 9. 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[;l fIj > ~ PPp~~p!;;>-i 8 888888~~ .... ~ ~~~~~~ Q ~ ~~~~~~ ~~ 8 888888~~ ~ -~~~~ ~~ ~ P!'l~;;;"'p~~!:l l!!l e!ll..~ts;l~":lIl --6"''"'''' .. ~ ~5~~~e ~~~ w . . t . p~;:!Jrllc:: '" ~~~~~u: ~~~ !J ~p. l1~~~~CIl~ ~~~~~~ ~~ ,~-~~~~ Si~ SENT BY: 3-14-97 9:03AM JURAN & MOODY~755 8923 EXTRACT OF MIND~BS OF A MEETING OF THE CITY COUNCI~ OF THE CITY OF ANDOVER, MINNESOTA HELD: March 18, 1997 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said city on TUesday, ~he 18th day DC March, 1997, at o'clock _.M. !o~ the purpose, in part, of providing for the sala of the $3,120,000 General Obligation Improvement Bonds of 1997. Series A of said City, The following members were presen~: and the following were absent: Member resolution and moved its adoption: introduced the following . / RRSOLUTION PROVIDIN~ FOR THE S~LE OF $3,120,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERIES A A. WHEREAS, the City Council of the City of Andove~1 Minn~sota (the "City"), has he!'stoF.ore determined that it is necessary and expedient to issue the City'S $3,120,000 General Obligation Improvement Bonds of 1997, Series A (the "Bonds"), to provide Iunas to finance the construction ot various improvements in the City; and B, WHEREAS, the City has retained Juran & Moody, in St. Paul, Minnesota ("Juran") I as its independent financial advisor Ior the Bonds and is therefore authorized co sell the Bonds by a private negotiation in accordance with Minnesota Statutes, Section 475.6Q, Subdivision 2(91: .' 34635B.1 ;# 2/10 SENT BY: 3-14-97 9:04AM JURAN & MOODY~755 8923 / NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, a~ follows; 1. Authorization: Findinqs. The Council hereby authorizes Juran to solicit proposals for the sale of the Bonas. 2, Meetinq; Proposal OpeninQ. Thi~ Council shall meet at thQ time and place specified in th~ Official T~rms of Bond Sale attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk, or aesignee, snaIl open proposals at the time and place specified in such Official Terms of Sond Sale. 3. Official Terms of Bond Sale. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Official Terms ot Bond Sale" attached hereto as Exhibit A and hereby made a part hereof. 4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate w1~n Juran and participate in the preparation or an official statement for the Bonds and to execute and deliver it on b~half of the City upon its completion. The motion for the adoption Of the foregoing resolution was dUly seconded by member and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and che [allowing voted against the same: Whereupon said reSOlution was declared duly passed and adopted, / 346358.1 2 ;# 3/10 SENT BY: 3-14-97 9:04AM JURAN & MOODY~755 8923 / STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANPOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carerul1y compared the ~tt~ched and foregoing e^tr~ct of minu~es with the original minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, which are on file and of record in my office, and ~he same is a full, true and complete transcript therefrom insofar as the same relates to 5~id City'~ $3,120,000 General Obligation Improvement Bonds of 1997, Series A. WITNESS my hand as such Clerk and seal ot sal~ City this 19th day of March, 1997. Ci~y Clerk (SEAL) ,/ 3 346358.1 ;# 4/10 SENT BY: 3-14-97 9:05AM JURAN & MOODY4755 8923 EXHIBIT A / OFFICIAL T~RMS OF BOND SALE $3,120,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERIES A CITY OF ANDOVER ANOKA COUNTY MINNESOTA (Book Entry only) NOTICE IS HEREBY GIVEN that these bondS will be otterea tor sale according to the following term~; TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Tuesday, April 15, 1997, at 11:00 A.M., CenCral Time, at the offices of Juran & Moody, 1100 World Trade Center, 30 Eas~ Seventh Street, in Saint Paul, Minnesota 55101. Consideration of the proposals for award or ~he sale will be by the City council at its meeting in the ~dover City Hall beginning at 7:00 P.M.. on th~ same day. -' BOOK ENTRY SYSTEM: The bonds will be issued by means of a book entry system with no physical di5tribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in tha name of Cede & Co. as nominee of Depository Trust company (nDTe"), New York, New York, which w1l1 act as securities depository or the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and record~ of DTC ond it~ participants. P~in~ipal and interest are payable by the Issuer through First Trust National Association, in St. Paul, Minnesota (the "Registrar") ~o DTC or 346358.1 A-l I ;# 5/10 SENT BY: / DATE OF ORIGINAL ISSUE OF BONDS: PURPOSE: INTEREST P~VM~NTS, / MATURITIES: REom1PTION: . / 3~635e .1 3-14-97 9:06AM JURAN & MOODY~755 8923 its nominee as registered owner of the bonds. Transfer of principal and inte~e5t payments to pa~ticipant5 of OTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such pa~ticipant5 ~nd other nominees of beneficial ownars. The successful bidder, as a condition of delivery of the bonds, will be required to deposit the bond certificates with ore. Tne I~~uer will pay reasonable and customary charges for the s~rvic~s of the Registrar. May 1, 1997. For the purpose of providing funds to finance the construction of various improvements in the Issuer. December 1, 1997. and semiannually thereafter on June 1 and December 1 to registered ownerS of the bonds appearing or record in the bond register as o! the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. December ~ 1n e<lch of t.he years and amounts as follows: ~ Amount ~650,OOO bJ.o,OOO 605,000 1998-1999 ::l000 2001-2002 All dates are inclusive. At the option of tha IssuQr, bonds maturing after December 1, 1999, shall be subject to prior payment on said date, and any interest payment date thereafter, at a prioe of par and accru~d interest. Redemption may be in whole or in part of the bonds subject to prepayment.' If redemption is in part, A-2 ;# 6/10 SENT BY: . J CUSIP NUMBERS: I DELIVERY: TYPE OF PROPOSAL: ./ 346358.1 3-14-97 9:06AM JURAN & MOODY~755 8923 the bonds remaining unpaid which have tne lacest maturity date shall be prepaid firo~. If only par~ of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTe of the particular amount of sucn macuricy co De prepaid. DIe will determine by loe ~he amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such matu~ity to be redeemed. Notice of such call shall 'be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date tixed tor redemption to the re9i5tered owner of each bond to be red~emQd at ~h~ address shown on the registered books. If the bonds qualify Eor assignment of CUSIP numbers such numbers will be printed on th~ bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause Eor a Eailure or reCusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP service Bureau charge for the assignment of CUSIP identification number~ 3hall be paid by the Purchaser. Forty days after award subject to approving legal opinion ot Briggs and MorgOrt, Profe53ional A3Dociation, of St. Paul and Minneapoli~, Minn~sota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental Unitea states without cos~ to the purchaser at DTC. Sealed proposals of not less than $3,088,800 and accrued interest on the prlnclp~l sum of $3,~20,OOO from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale, A-3 ;# 7/10 SENT BY: 3-14-97 9:07AM JURAN & MOODY~755 8923 / proposalS must be unconditiona~ except ~s to legality. A certified or cashier's ch~ck (the "Deposit") in th!:'! amount of $62,400, payable to the order of the Treasurer of the Issuer, or a Financial surety Bon~ complying with the provi5iona below, mU5t accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals tor the bonds should be delivered to Juran ~ Moody, and addressed to, Shirley Clinton, Treasurer Andover City Hall ~G95 Crosstown Boulevard ~.w. Andover, Minnesota 55304-2612 I If a Financial Surety Bond is used, it must be trom an in5u~ance company licensed to iSSUG such a bond in the State of Minnesota. and preapproved by the Issuer. Such bond must be submitted to Juran & Moody prior to the opening of the proposals. The 'Financial Surety Bond must idontify each proposal makar whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Su~ety Bond, then that purchaser is required to submit its Deposit to Juran & Moody in the form of a certified or cashierls check or wire transfer as instructed by Juran & Mooay not late~ th~n 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satiSfY the Deposit requirement. The Iaauer wil~ deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply wich the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unle55 the meeting J 346358.1 A-4 ;# 8110 SENT BY: / RATES: INFORMATION FROM PURCHASER: QUALIfIED TAX EX~MPT OBLIGATIONS; I CONTINUING DIS- CLOSURE UNDF.RTAKTNG AWARD: / 346358.1 3-14-97 9:08AM JURAN & MOODY~755 8923 o! the Issuer scheduled ~or ~w~rd ot the bondc is adjourned, recessed, or continued to another date without award of the bonds having been made. All rates must be in inte9r~1 multiples of 1/20th or l/Sth of l~. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any matu~ity may be lower than the highest rate applicable to bonds of any preceding maturities. The 3ucces3ful purcha3er will be required to provide, in a timely manner, certain information relating to the initial offering price Of the bonds necessary to compute the yiela on the bonds pursu~nt to the provisions of the Internal Revenue Code of 1986, as amended. The Issuer will designate the bonds as qualified tax exempt obligations for purposes of Ssction 265(b) (3) of the Internal Revenue Code of 1986, as amended. The Issuer will coven~nt in the resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual r1nanc1al In!ormat10n, including audited financial statements of the Issuer. and notices of certain material events, as required by SEe Rule 15c2-12. ' Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the tot~l inte~est on all bonds from their date to their stated maturity. A-5 i# 9/10 SENT BY: I / 3-14-37 3:09AM JURAN & MOODY~755 8923 The Issuer racerveS the right to rQjact any and a~~ proposals, to waive informalities and to adjourn the sale. Date9: March lB, 1997. Additional information may be obtained from: JURAN &: MOODY 1100 World Tr3de Center 30 East Seventh Street St. Paul, Minnesota 55101 TelephOne NO.: (612) 224-1500 ,. '\ / 34'-JSB.l BY ORDER OF THE CITY COUNCIu /s/ Vicki volk City Clerk A-I> ' ;#10/10 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION Discussion Item, Cont. ITEM NO. REZ 97-01 Rezone from R-1 to SC Section 23 11 Lora & Edward Hamilton VI Request DATE: March 18. 1997 ORIGINATING DEPARTMENT Planning John Hinzman, -)Wty' City Planner The City Council is asked to review the request of Lora and Edward Hamilton to rezone a 23.5 acre parcel located northeast of the intersection of Crosstown Blvd. NW and Hanson Blvd. NW from R-l, Single Family Rural to SC, Shopping Center. The site is within the , / MUSA and consistent with the Comprehensive Plan. Sale of the site to the United States Postal Service and a medical clinic is anticipated, This item was tabled at the last Council meeting at the request of the applicants. Planning and Zoning Commission Action The Planning and Zoning Commission recommended approval of the rezoning at the February 11, 1997 meeting. Please consult the attached staff report and minutes from that meeting for more information. / " 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 from R-1, Single Family Rural to SC, Shopping Center as shown on the attached map and legally described as follows: Unplatted Grow Township that part of the Southwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota, lying north and west of County Road 18, as the same is now laid out. NOTE: All other Section 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 l8lh day of March, 1997. CITY OF ANDOVER ATTEST: lE. McKelvey, Mayor Victoria V olk, City Clerk \ ',-- / ,-""\. I' .L ,,~~ ,- I JA:~ :~ y ? '", .\._) I J/ \ '"\ -(::.- I ~. ~ _1;)' ...,/\ ~ ,'(( '''''''c'-~ ~, , . . -..L ^ ?, I '. I - , J -. I' / ',.., _J ..L " ..~ " t' ,"'7 C , , " ) / 'I' < ~~~--",...;t'-"~ll ! ' .. /" /' , \ ..Jy V ::: (..... ------ .... " '- - .l:\.. -, " \ '. \-. .I I \ ).,r I; / ( i I' --< J..' ,'\ ~ \ \ _...A. Y - .l. --=-"', -. .. , , -\ ) // '// -~ ~ --"...1. '7" -7 '>". I '. " J;._."..,.,-~,--.;;,,_...__ .---.-,; . I ~ I , I ___ ;-~ , c.. ,.,.:;;.. :- -~-~ - .~ csr~cs . ..11 .g. " R-I .: - ,~I~' . I""f"" ---.,.--. --'r-~. ( ,~ _ Y.A~'- I . /-// t;l-r- 3 /: I:, ~ .~~ z r . -,. " ~.- '. -# ,.. ..,. ..- .. -.,.oa;, '. F~"O~T .~. ", .... ) I / --J , " R-I -' _. \ ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - MARCH 4 I 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, March 4, 1997, 7:33 p.m., at Fire Station NO.1, 13875 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmembers absent: Also present: RESIDENT FORUM Dehn, Knight, Kunza Orttel None City Attorney, William G, Hawkins City Engineer, Scott Erickson City Planner, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others Winslow Holasek - issued a letter about potential storm sewer system problems with his future development, hoping to get answers before expending a lot of expenses on the planning process. I AGENDA APPROVAL Add Item 13A, Resolution Amending Resolution No. 294-96, Fees; and Item 31, Resolution in Support of Cleanup of Contaminated Land. Remove from the Consent Agenda for discussion, Item 30, Authorize to Solicit for Bids/Rescue Vehicle. MOTION by Dehn, Seconded by Knight, to approve the Agenda as amended this evening. Motion carried unanimously. CONSENT AGENDA Item 14 Item 15 Item 16 Item 17 Item 18 Item 19 Item 20 Item 21 , I Item 22 Item 23 Rezoning/Hamilton Property (Table) Approve 1997 Park Dedication Expenditures Approve 1997 Park Capital Improvement Budget Approve Plans and Specs/IP97-3/Cracksealing (See Resolution R042-97) Approve Plans and Specs/IP97-4/Sealcoating (See Resolution R043-97) Approve Plans and Specs/IP96-30/Timber Oaks Estates (See Resolution R044-97) Approve Revised Grading Plan/Woodland Estates (See Resolution R045-97) Amend Ordinance 59/Extending Cable TV Franchise Traffic Signal Warrants Reject Bids/Engineering Vehicle & Water Department Vehicle CITY OF ANDOVER AGENDA SECTION Nl Discussion Item REQUEST FOR COUNCIL ACTION DATE March 4,1997 ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM Nl Rezoning 97-01 Rezone R-I to SC, Section 23 Edward and Lora Hamilton Planning ~~<< BY: John Hinzman City Planner Request The applicants, Edward and Lora Hamilton have requested that this item be tabled until the March 18, 1997 City Council meeting. A copy of their request is attached. / .J MOTION BY: SECOND BY: . J February 25, 1997 RECEIVED FEB 27 ]997 CITY OF ANDOVER Mr. Dave Carlberg Community Development Director City of Andover 1685 Northwest Crosstown Boulevard Andover, MN 55304 Dear Mr. Carlberg: We request the public hearing, regarding the rezoning of our parcel, to be postponed from March 4, 1997 to March 18, 1997. This change in date would allow us to coordinate our activities with potential land buyers. We appreciate your consideration regarding this request. Sincerely, . J . . ",-. .::/ / I .L..-. ' / ~. .'~ /. ._'_.............. 'Y' ,.(, Itt /L. ':'-.~ ,"' fIe ~ ./_' . .....-.../'{..~- / - v..... Lora G. Hamilton r /~L/oC~_J~ Edward L. Hamilton '\ / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - FEBRUARY 11, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randy Peek on February II, 1997, 7:03 p.m. at the Oak View Middle School, 15400 Hanson Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynette Barry, Mike Gamache, Jeffrey Luedtke, Jay Squires, Lorna Wells None City Assistant Engineer, Todd Haas City Planning, John Hinzman City Planning, Jeff Johnson Community Development Director, Dave Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES January 28, 1997: Correct as written. '- / MOTION by Luedtke, unanimously. Seconded by Wells, to approve. Motion carried PUBLIC HEARING: REZONING - 4-1, SINGLE FAMILY RURAL, TO SC, SHOPPING CENTER - SECTION 23 - EDWARD AND LORA HAMILTON 7: 04 p. m. Mr. Hinzman reviewed the application of Lara and Edward Hamilton to rezone 23.5 acres located on the northeast corner of Hanson Boulevard NW and Crosstown Boulevard NW from R-l, Single Family Rural, to SC, shopping Center. He noted the applicable ordinances, adjacent land uses, and permitted and special uses allowed in the SC zone. The Comprehensive Plan, which dictates the zoning districts, designates the proposed area for commercial development; so the proposal is consistent with the Plan; plus it is in the MUSA. He was not aware of any plans by the county to upgrade the intersection of Crosstown and Hanson Boulevards, though a four-way stop has recently been installed there. Those stop signs are permanent, and it is anticipated that in the future that intersection will be signalized and turn lanes installed. Commissioner Wells asked whether video stores with adult use sections would be allowed. Staff explained video stores would be allowed under retail trade; however, the adult use portion is regulated based on square footage. MOTION by L1..1,edtke, Seconded by Barry, to open the public hearing. Motion carried unanimously. 7:13 p.m. John Cosarove. 4 944 ~ 7th Avenue. Minneapolis is the broker and consultant for Mr. and Mrs. Hamilton. The Hamiltons are working with Regular Andover Planning and Zoning Commission Meeting .Minutes - February 11, 1997 ,Page 2 (Public Hearing: Rezoning, R-1 to SC, Section 23 - Hamilton, Continued) the government for the construction of a post office on this site. The Post Office Department is looking only at this 23 -acre site as the location for their Andover facility, and he ancicipates they will be able to deliver that parcel to the Post Office Department within their budget. That should be done within the nexc few weeks. There was talk about fall construction of the post office, but they are now saying their construction will be in the spring. In answer to video stores and other less compatible uses to the larger neighborhood, the plan for this ~ite is not to have retail businesses. They are having some success w~th attracting a clinic provider to the site. The two large land users, the post office and clinic provider, would set the tone for the area, which would not be a strip mall or shopping area. An SC zone will allow uses such as day care centers and financial institutions with dri ve-up banking, which is what they envision on the site, not an environment of more merchandising activities. MOTION by Wells, Seconded by Barry, to close the public hearing. Motion carried unanimously. 7:19 p.m. Commissioner Barry had questions about the traffic patterns and the issue of anticipated traffic conditions. She felt the four-way stop is 'better than not having any control there. She also questioned the /wisdom of allowing a curb cut to Hanson Boulevard from this site. Mr. Hinzman stated the City has not seen any plans for the site. Mr. Carlberg stated in the past the traffic conditions and patterns were considered at the site plan stage; but in light of recent commercial development activities, he felt the Commission may want to consider that issue at this stage of the process. The county may not want an access directly onto Hanson. but the City has the final jurisdiction. Commissioner Squires stated it sounds like the intersection will always be controlled some how, whether it is stop signs or a traffic signal. He didn't have as much concern with the traffic if ic is totally controlled. If controlled, it will not have as much of a pocential for serious traffic problems, but it will be busy. Jerrv Windschitl. Ashford Develooment - stated they have pulled back the streets in Chesterton Commons to the north to allow this site some flexibility with their entrances and egresses. There is no direct access from Chesterton Commons to this site. Commissioner Wells asked if there has been a response from the school discrict. Mr. Hinzman stated no, but the imoact to che school district is minimal. Commissioner Gamache stated this~is consistent with the Comp Plan, and the City needs commercial development. Though he'd prefer to see a ~ight at the intersection, traffic control is already in place. " /MOTION by Wells, Seconded by Gamache, to forward to the City Council the proposal as written by Staff to rezone to Shopping Center District that goes along with the Comprehensive Plan. This will definitely be a benefit and be an asset to the City. Motion carried unanimcusly. This item will be placed on the M~rch 4, 1997, City Council agenda. 7:28 p.m. \ , i , CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION February II, 1997 DATE AGENDA ITEM 3. Public Hearing: REZ 97-01 Rezone R-I to SC, Section 23 Lora & Edward Hamilton ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA John Hinzman BY: City Planner BY: Request The Planning and Zoning Commission is asked to review the rezoning request of Lora and Edward Hamilton to rezone property from R-I, Single Family Rural to SC, Shopping Center. The property is located on the northeast corner of Hanson Blvd. NW and Crosstown Blvd. NW and is legally described on the attached ordinance amendment. Applicable Ordinances Ordinance No.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: 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. Ordinance No.8, Section 6.01, designates the Shopping Center District as serving modern retail shopping facilities of integrated design in appropriate locations. The general location of potential shopping center sites will be indicated on the Comprehensive Plan. Comprehensive Plan /' The Comprehensive Plan designates the proposed area as C, Commercial. Page Two Rezoning - R-l to SC Lora and Edward Hamilton February 11, 1997 Chapter VI, Section E.l.d. states that the proposed site should be developed as an integral part of the city center complex. The intended use of this area should be retail and service. The intended magnitude of development should be as a community shopping center. Adjacent Zoning and Land Use North Southeast R-l(R-4), vacant land - (proposed Chesterton Commons Subdivision), unplatted rural residences R-4, Crosstown Blvd NW - Winslow Hills 3rd Addition R -1, vacant land R-l, Hanson Blvd NW - Andover City Hall West General Review The applicant is requesting a rezoning of a 23.5 acre parcel in order to allow for the operation of commercial\office facilities. Proposed uses include a post office and medical clinic. The site is within the Metropolitan Urban Service Area (MUSA) and is consistent with the comprehensive plan. -- Commission Options 1. The Andover Planning and Zoning Commission may recommend to the City Council approval of the rezoning request of Lora and Edward Hamilton to rezone property from R-l, Single Family Rural to SC, Shopping Center, 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 Lora and Edward Hamilton to rezone property from R- 1, Single Family Rural to SC, Shopping Center 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. / Page Three Rezoning - R-l to SC Lora and Edward Hamilton February 11, 1997 Attachments A-I Ordinance Amendment A-2 Land Use Plan Map A-3 Area Location Map A-4 Comprehensive Plan Proposal A-5 Permitted and Special Uses in SC District A-6 Application for Rezoning A-7 Notice of Public Hearing / c; co 0- U. , Cf 0 ~. 8 u: -~. ... " ~Q !J V) 8 g C "" u _ co'- ~r!-e"g tJ'tQ:~:>:E ~~~...:...:..:- a. a. ::::l'~ .~.C'I:I.~ .~ ~ V) ~ ~ E g ~ 11 1':. :i ,~ 11 :2 :2 e ~ Q..OO<unn~.g .. o::o::o::U" >- en- - ~",o~..d2~~u 7- j ... I.<l <Il => -( ;; ~ ~ " I: ~ \ ~) a:: w > o o 'L Z 'J "- <l: .l " LL o >- I- U :i. .....'1ii1-. t.!- .' I, . j' II , .!- j ~;, j . I ..' ~ '1 ~ p~. I ~ !,;;", " I, I ;1" I ...i.;; I Jllldl 11.t... i' !.. I / 12,'1,'91 FIGURE VI-G CI1Y CE~TIR COM~IERCL-\L AREA ~. ~~ ~ /" I -t-- -- " r ......-_o____ -'- I " " // '! ! :CITY HALL , I I I" -11 I VI-19 Permitted Uses - SC District . Drop-in Child Care Center . Day Care Center . Financial Institutions . Medical and Dental Clinics . Mortuaries and funeral homes · Professional offices . Professional studios . Restaurants . Retail and trade services Special Uses - SC District . Car Wash after a minimum 2,000 sq. ft. of retail floor space is constructed . Drive-in businesses or businesses with a drive-thru window . Liquor, dancing tavern or live entertainment . Liquor licenses . Outdoor display, sales or storage during operating hours only . Service station after a minimum 25,000 sq. ft. of retail floor space is constructed . Veterinary clinic or pet hospital with no outside pens / J ; i,C}\ "~.., , , .' \ , ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 REZONING REQUEST FORM Property Address ...0:-'. -::-;:," C-:-' ~'~J:;:?t.O'.~.-:. :':l~l~~. -_.~:. .:::: :,1-;-: , Legal Description of Property: (Fill in whichever is appropriate): Lot Block Addi tion PIN J3-:)J...-~t'.3.J.-ooc;2...(If metes and bounds, attach the complete legal description). Is the property: information must County) . Abstract xx or Torrens ? (This be provided and can be obtained from the ----------------------------------------------------------------- Reason for Request .:<'or cevelou:r,ent _5~, 5 ~fP:-u, Requested zoning 8omrr.erclal ~er ) Com.p. Pia: ----------------------------------------------------------------- Current zoning 1'1 , ,_....., ~...I, 7:);-1..... ?ar:": I"'~ -:I :-'!' Name of Applicant ~or',t G. .& :'c'.varc L. ;:a:;:i 1 'to r: Address ". 1::: :~i~:T~.",,:8..." 1; if.',. ..\:.ok8.. ", "", .1, ~ = ",C-: Home Phone Business Phone 1?~4?1_~?~=' -. ./:J~ - --,' Signa ture >""""""'-""'_ ,.,~/,,...,../,-A" f7")(~. , Date 1 /),~/ ,~':' ~- . _ t / -~' / / . (f I - - - - _ _ _ _ ~...r.-t-..<io_cJ;_--<:{-;:;..._qa.."'<l.....>;'--hJ.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -.., -' .... .. .. -. -. .. " /, Property Owner (Fee Owner) :'0:"3 ',:. ::a:l1l1-:o:; (If different from above) Address .: ~ :: ~~i;-:-~'.';8"; 1-:- -:: c"::,S"": '. ~~ i') ~ -8. . Home Phone 1_" L~::_~~ Business Phone / I , . / /":/7}( ,. , . ,. - -- Signa t u r e .~'. --~~,'_<~ J.:/ / ' -~. ....,,- Date ,. - " / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, February 11, 1997 at the Oak View Middle School, 15400 Hanson Blvd. NW, Andover, Minnesota to review the rezoning request of Lora & Edward Hamilton to rezone property from R-I, Single Family Rural to SC, Shopping Center, located at the northeast corner of Crosstovm Blvd. NW and Hanson Blvd. NW (PIN 23-32-24-32-0002) legally described as the following: Unplatted Grow To\Wship that part of the Southwest Quarter of Section 23, To\Wship 32, Range 24, Anoka County, Minnesota, lying north and west of County Road 18, as the same is now laid out. All written and verbal comments will be received at that time and location. A copy of the / application and location will be available at the Andover City Hall for review prior to said meeting. ~ (j;& Victoria V olk, City Clerk Publication dates: January 31. 1997 February 7, 1997 ) PIN: 22n2"1..0008 AN HENN IND SCHOOL DIST NO 11 11299 HANSON BLVD NW (' 'I RAPIDS MN 55433 / PIN: 22322..410001 GROW CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN: 22322......0002 LOCHERLANDOLJ&PATIUC~ 15..51 NOwrHEN BD ANOKA MN 55304 PUN: 22322..440004 ANOKA HENN IND SCHOOL DIST # 11 11299 NW HANSON BLVD COON RAPIDS MN 55433 PUN: 233224230002 WINDSCHffi GERALD G & CAROL A 3640 152ND LN NW ANDOVER MN 55304 PUN: 233224240002 KOPIS CHESTER A & DOROTIIY J 1296 CROSSTOWN BLVD NW ANDOVER MN 55304 PUN: 233224240002 KOPIS CHESTER A & DOROTIIY J 1296 CROSSTOWN BLVD NW A."'IDOVER MN 55304 PUN: 233224240003 WHALSlROM BE'ITY J 1260 CROSSTOWN BLVD NW ANDOVER MN 55304 PUN: 233224240005 ASHFORD DEVELOP CORP UNC 3640 152ND LANE NW ANDOVER MN 55304 PUN: 233224240006 BECKELMAN KATIIERINE M 1261 CROSSTOWNBLVDNW ANDOVER MN 55304 } . 233224310025 HOLASEK WINSLOW I 1159 ANDOVER BLVD NW ANDOVER MN 55304 PUN: 233224310027 SPINDLER JAMES W & JUDITII M 1357 152ND LN NW ANDOVER MN 55304 PUN: 233224310028 HOLASEK WINSLOW I 3538 MISSISSIPPI DR NW COON RAPIDS MN 55433 PUN: 233224310029 SCHUMACHER BRADLEY S & KAREN M 1385 152ND LN NW ANDOVER MN 55304 PUN: 233224310030 JOHNSON scon E & KRISTIN E W 1410 152ND LN NW ANDOVER MN 55304 PUN: 233224310046 RICE CALVIN L 15235 YELLOW PINE ST NW ANDOVER MN 55304 PUN: 233224320002 HAMil.. TON LORA G 6615 HWY 10 NW Al'<1l0VER IvIN 55304 PUN: 233224320006 HOLASEK WINSLOW I 1159 ANDOVER BLVD NW ANDOVER MN 55304 PI /33224320007 \,LOW Hll.LS PROPERTIES 3538 MISSISSIPPI DR NW COON RAPIDS MN 55433 PUN: 23322..320008 MALM BARRY D & TRACY A 1411 152ND LN NW ANDOVER MN 55304 PIN 2,; ~22~ 1201)0') \ICLAtJGHLlN JAMES J JR & D C 1~2~ 152ND LN NW A )VER MN 55:;0~ " / PIS. 2)32:~ 1200\1, SCHULTZ WILLIA\I C & JEAN M 15195 BLUEBIRD ST NW Al'o'DOVER \IN 5530~ PIN: 23322~320011 SALMON JOE G & MARY D 15187 BLUEBlRD ST NW ANDOVER MN 55304 PUN: 23322~320012 SCHLLLE DONALD J 15179 BLUEBlRD ST NW ANDOVER \iN 5530~ PUN: 23322~320013 STAHL RANDOLPH M & CYNTHIA] 15171 BLUEBlRD ST NW ANDOVER MN 55304 PUN: 23322~330002 HOLASEK WUNSLOW I 1159 ANDOVER BLVD NW ANDOVER MN 5530~ ) J / CITY OF ANDOVER REQUEST FOR CITY COUNCIL ACTION DATE March 18,1997 AGENDA ITEM No. 'I Preliminary Plat Chesterton Commons Ashford Development Corporation ORIGINATING DEPARTMENT Andover Review Committee The City Council tabled this item at the March 4, 1997 meeting to allow staff to research the natural communities issue (Dry Oak Savanna - barrens subtype) that was raised during the discussion on the need for an Environmental Assessment Worksheet (EA W) for this project. ) The Council will also need to discuss the tabling of the rezoning. The rezoning was tabled to allow the amending of the Andover Comprehensive Plan (Land Use Plan). Mr. Windschitl agreed to table the item, at his request, provided the Council approve the preliminary plat (grading, drainage and erosion control plan) so he could commence grading of the property at his own risk. With the Council tabling the preliminary plat, grading approval was not given, therefore Mr. Windschitl is unwilling to submit a letter requesting the tabling of the rezoning. The clock is still running on the rezoning request. Natural Communities Issue Staff contacted the Minnesota Department of Natural Resources on Wednesday, March 5, 1997 who prepared the Minnesota County Biological Survey Map showing natural communities and rare species in Anoka and Ramsey Counties. Staffwas faxed a Minnesota Natural Heritage Information System Data Request Form to request research data on the "Dry Oak Savanna" natural community classification. Staff submitted (via fax) this form to the DNR on Thursday March 6, 1997. Requests for this data take 2-3 weeks. Staff requested the information be submitted by Friday, March 14,1997. At the time of the writing of this report staff had not received the research data, Staffwill present the findings at the meeting if available. Environmental Assessment Worksheet (EA W) Issue The City Council has not made a determination on the need for an EA W. The Council could determine the following: , / 1. Require an EA W based on the "connected action" rule as presented in the March 4, 1997 staff report (attached). 2. Require a Discretionary EA W in accordance with the Environmental Quality Board, Chapter 4410,1000, Subp.3,A. finding that because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. This decision may be based on the findings of the Minnesota Natural Heritage Information. Preliminary Plat Review Continued The City Council is requested to continue the review and approval of the preliminary plat of Chesterton Commons located in Section 23, Township 32, Range 24, Anoka County, Minnesota as requested by Ashford Development Corporation. In addition to the items listed above, the following issues need to be discussed: 1. The extension of trunk watermain and sewer service to the property needs to be discussed with the Council. These utilities would be crossing private property to service this development. Easements may need to be retained from the current landowner or condemned, Comments of the Andover Review Committee ~~ The Andover Review Committee (ARC) has reviewed the preliminary plat and their comments are as follows: 1. There are variances being requested with the proposed preliminary plat. The list of variances are as follows: A. The developer is requesting a variance from Ordinance 8, Section 6.02 for the following lots: 1. Lot 1, Block 2, (Phase I) requires depth variance (130' required). 2. Lot 2, Block 2, (Phase I) requires depth variance (130' required). 3. Lot 1, Block 1, (Phase II) requires depth variance (130' required). 4. Lot 4, Block 3, (Phase II) requires depth variance (130' required). 5. Lot 7, Block 3, (Phase II) requires depth variance (130' required). 6. Lot 8, Block 3, (Phase II) requires depth variance (130' required). 7. Lot 9, Block 3, (Phase II) requires depth variance (130' required). 8. Lot 1, Block 1, (Phase III) requires depth variance ( 130' required). Note: Those items above in bold were not listed as requested variances by the developer on the plat. / , .I B. The developer is requesting a variance to Ordinance 10, Section 9.03(G), which requires a maximum cul-de-sac length of 500 feet. The proposed length of Bluebird Street NW is 512.2 feet. C. The developer is requesting a variance to Ordinance No. 10, Section 9.05(A), which requires the maximum length of blocks shall be 1320 feet. Pedestrian ways at least ten (10') feet may be required at the approximate center of blocks over 660 feet. D, The developer is requesting a variance to Ordinance No.1 0, Section 4A, Buildable Lots/ In Areas Served by Municipal Sanitary Sewer, All lots are required to have the front 100' buildable. The following lots will require variances due to the existing wetlands: 1, Lot 6, Block 1 (phase III). 2, Lot 7, Block 1 (phase III). 3, There could be additional lots upon further review. E. The developer is requesting a variance to Ordinance No. 10, Section 9.03(G) which requires the construction of a temporary cul-de-sac on all new subdivisions that make provisions for the continuation of future streets for adjoining areas when the length of the street exceeds 210' from the centerline of intersecting streets. Crane Street NW in Phase II exceeds the 210' requirement by 10 feet (220 ft). , , 2. There are lot remnants and outlots being proposed on the plat. Ordinance No, 10, Section 9,06(1) requires lot remnants which are below the minimum lot area or dimension to be added to adjacent or surrounding lots rather than be allowed to remain as an unusable outlot or parcel. The developer indicated at the Planning and Zoning Commission meeting that the remnant lots are to be conveyed/deeded to Cambridge Capital, Inc. as agreed upon by contract. The Council may wish to request a copy of that contract be submitted to the City by the applicant. 3. The Council will need to discuss Lot 26, Block 3 & Lot 1, Block 4 (phase II) as to whether these lots should be considered back to back lots, Also Lot 6, Block 3 (Phase III) will need to be discussed as well. 4. The developer is proposing to use a geotechnical engineer to allow a separation of less than 3' for the lowest floor above the seasonal high water mark as provided in Ordinance No. 10, Section 9.06A3. The City received the report prepared by the developer's engineer on February 26, 1997. The City has submitted the report to an independent geotechnical engineer at the expense of the developer to review and certify that a lesser separation can be achieved as provided in Section 9.06A3. The report is pending. 5. Custom grading is being proposed on portions of the site. , 6. The Grading, Drainage and Erosion Control Plan will need to be reviewed by the Engineering Department and TKDA, Comments and recommendations will be presented at the meeting. These comments/recommendations will need to be incorporated in the resolution. " Planning and Zoning Commission Recommendation The Commission is recommending denial of the preliminary plat as it is inconsistent with the Comprehensive Plan. This is also based on the fact the Commission recommended denial of the rezoning for the same reason. Attached are the minutes from the February 11, 1997 Planning and Zoning Commission meeting and a resolution for Council adoption. Park and Recreation Commission Recommendation The Commission reviewed and discussed the preliminary plat at their February 20, 1997 meeting for determination of park dedication. The Commission is recommending that Lot 1, Block 6 located in Phase II and a 30' strip to the south located in Phase I be accepted as park and the remaining balance be cash in lieu of land as determined in Ordinance No, 10, Section 9.07. The Commission is not recommending the acceptance of Outlot A on Phase III as park property. / j Regular Andover City Council Meeting Minutes - March 4, 1997 Page 9 " / PRELIMINARY PLAT/CHESTERTON COMMONS Mr. Carlberg reviewed the general comments relating to the proposed preliminary plat consisting of 219 single family urban residential lots to be known as Chesterton Commons. The first issue to consider is whether or not an Environmental Assessment Worksheet is required, and he reviewed the guidelines for making that determination as outlined in the agenda material. In discussing the criteria for requiring an EAW, the Council noted it appears a portion of the property cannot be developed until the property above it develops. Jerry Windschitl, Ashford Development, stated the only reason that portion is shown in the preliminary plat is because it is required by ordinance. This is no different than what is done in any other development. Sometimes the City will ask for a sketch of how the adjoining property can be developed, but it doesn't bind anyone to that proposal. They have designed the plat in a way that does not handicap any future development. Mr. Carlberg felt that because of the many lot remnants and based on how future land will be developed" this can be considered a "connected ,action" which requires an EAW. An EAW is about a 60-day process. /Commissioner Dehn felt an EAW should be done because of the wetland and drainage in the area Mr. Windschitl stated the impact on the wetland is almost negligible. Only 2700 feet is being mitigated. Mr. Carlberg stated an EAW will not address the effects on the wetlands. It will address soils, plant and animal species. There may be something that the City wants to preserve. He recalled a map showing there is some classification of plant indigenous to this area that may be of concern or of significance. That would be determined by an EAW. The Council tabled the discussion for now to allow Staff time to obtain that map from City Hall. Mr. Carlberg stated another issue with the plat is that of sidewalks and trails. He noted the map prepared by Staff with proposed sidewalks through the development and trails along Hanson and Crosstown Boulevards. Mr. Erickson explained a sidewalk would direct pedestrian traffic to the trail and to a place where children could cress to the school area. ~r. Windschitl felt tha~ a trail along Hanson Boulevard would be better or. the west side. Along the east side, it will have to stop at the DNR wetland. He also noted that the Council has not required sidewalks in ,any other development in the City. Staff noted a trail is proposed for ,the west side of Hanson which should be constructed this surr.mer. The proposal with this development would channel students down Hanson to a controlled intersection at Crosstown Boulevard. Regular Andover City Council Meeting Minutes - March 4, 1997 Page 10 \ ; / (Preliminary Plat/Chesterton Commons, Continued] After some discussion, the Council generally was not interested in the sidewalks within the development itself. They also felt there is a need for the trail along Hanson and Crosstown Boulevards. The Council also suggested that a policy be established relating to sidewalks and trails to be applied uniformly to developments. At this time Staff returned with a map showing this particular site is the only designation in Andover for the dry oak savannah classification other than at Bunker Hills Regional Park. The Council did not know what that would mean to the property owner or whether requiring an EAW would mean that species would have to be protected and development not allowed. Mr. Carlberg stated Staff can do further research to find out how that would affect development and whether it has any weight on an EAW. MOTION by Dehn, Seconded by Kunza, to table the preliminary plat this evening to make sure that we cover those things to enable the Council to decide whether an EAW is necessarY or not. DISCUSSION: Mr. Windschitl stated EAWs were not required in the past. He asked if this is going to now be required of every plat in the City. If one is required, he felt it should have been brought to the Council earlier in the process rather than now, which has the potential of stopping the plat for this / construction season. Mr. Carlberg noted Staff has made mention of an EAW since the sketch plan stage.. Motion carried, ,unanimously. The meeting was recessed at this time to hold an EAW meeting, 11:34; reconvened at 12:40 a.m. APPOI1IT COMPREHENSIVE PLAN TASK FORCE The consensus of the Council was to select the following members for the 1997 Comprehensive Plan Task Force: Erian Barringer, Lynette Barry, Mike Gamache, Al Grabowski, Randall Peek, Marjorie Perry, Gretchen Sabel, Byron Westlund, Jarr:es Knoll and Tom Widhalm. No specific Council liaison was chosen at this time, though it was agreed that the Council should hold joint meetings with the task force periodically. SCHEDULE SPECIAL MEETING/FUNDING FOR RECONSTRUCTION PROJECTS The council agreed to hold a special meeting at 6:15, Tuesday, March 18, 1997, to discu3s funding po;icies for street recGnstruc~ion and overlay proj.:cts. / Regular Andover City Council Meeting Minutes - March 4, 1997 Page 7 " ) / (Declare Biting Dog, Continued) Leo Kimmel. 3146 167th Lane NW - owns this dog and two others. His dog did kill the neighbor's cat. In the 4 1/2 years they have lived in this house, the neighbor's cat has constantly provoked his dogs. The cat runs freely and had no shots. This Rottweiler is eight months old and is a half mix with a lab. It caught the cat because it was constantly antagonizing his dogs. He has letters from other people who have been, in contact with his dog, which has an excellent disposition. The dog is extremely intelligent, and he trusts his young daughter with it. The dog has never bothered cats of other people. There are many dogs and cats that run freely through their neighborhood, and no one has a problem with them. It was just this cat that provoked his dogs. The Council explained that because the dog did kill the neighbor's cat, the ordinance requires it be declared a biting dog. That means that if there is a problem with it again in the future, it will have to be removed from the City. Andover also has a leash law, plus dogs should be licensed. Motion carried unanimously. The meeting recessed at 9:25 to hold an HRA meeting; reconvened at 9:51 p.m. j REZONING/CHESTERTON COMMONS _ Mr. Carlberg reviewed the request of Ashford Development Corporation to rezone property to be known as Chesterton Commons from R-1, Single Family to R-4, Single Family Urban. It is in the MUSA. The Planning and Zoning Commission recommends denial based on the inconsistency of the request with the Andover Comprehensive Plan. That Plan proposes the property be zoned for residential multiples of medium density, open space and single family residential housing. Attorney Hawkins has advised that the Metropolitan Council Land Planning Act of 1995 relates to zoning and does require the City to amend its Comprehensive Plan before it can approve any rezoning that is in conflict with that Plan. Mr. Carlberg ~lso rev~ewed the propoGed land use in the Comprehensive Plan and the procedure for an amendment to the Comp Plan. The cost for amendments to the Comp Plan in the past has been borne b~' the developers. The reason an arrendment is not before the Council is the developer did not ..Fish to withdraw his re-:rolest for a rezoning and apply for a Comprehensive Plan amendment. Attorney Hawkins suggested that even though the statute does not require dir~ct notification of surrounding pr~perty O-Nner3 for amendments on land use to the C0mprehensive Plan, the City may want to add that notification. The Council generally agreed. /Jerry Windschitl, Ashford Development - stated they submitt.ed a written objection to the OS designation of this property when the 1991 Comprehensive Plan was being developed. On that 40 acres designated OS, approximately 35 percent was proposed as open spaces; however, the Park Regular Andover City Council Meeting Minutes - March 4, 1997 Page 8 , , / (Rezoning/Chesterton Commons, Continued) and Recreation Commission did not want the area proposed as park. It appears the OS zoning classification cobld become an attempt to force someone to give land for nothing to the City, which is not reasonable. Mayor McKel vey recalled the OS designation suggested by the Comprehensive Plan Task Force in 1991 was to accommodate a city golf course. Since it appears unlikely the City will want to purchase or operate a golf course, that zoning should be removed from the Comprehensive Plan. Because of the time factor for development this year, Mr. Windschitl suggested the City initiate a Plan amendment on this property to remove the RM zone on the acreage for this plat and place it on a 60-acre parcel he owns to the west of Hanson Boulevard where he is proposing senior citizen housing with many amenities. Then the Council could approve the preliminary plat for Chesterton Commons contingent upon the approval of the amendment to the Comprehensive Plan. Once the preliminary plat has been approved, he asked that he be allowed to grade the property at his own risk so he does not miss the construction season for this year. He would grade the entire project at one time. Attorney Hawkins understood the request to be the City would initiate a Plan amendment to swap' a R.\1 zone., wi th an RU, zone' to the west and to . change the OS designation in the proposed plat to RU. The developer ) would withdraw the rezoning request and the City would approve the preliminary plat contingent to the Comprehensive Plan amendment being approved. The developer would still have toco:ne back for the rezoning, which would be held in abeyance until the Plan amendment is approved. The developer would not be allowed to do more than grade the project at his own risk. If the Plan amendment is not approved, the preliminary plat would not be approved and the developer would have no further rights under that plat. Mr. Windschitl agreed and would table the rezoning until the Comprehensive Plan amendment comes back to the City. MOTION by Orttel, Seconded by Debn, that the Council table the rezoning for Chesterton Commons subject to written approval from the petitioner, and that it be brought back at such time as a Comprehensive Plan amendment may be approved by the Metropolitan Council. The amendment would change the land use for the plat from RM and OS to single family residential. Motion carried unanimously. MOTION by Orttel, Seconded by Kunza, that the Council direct Staff to start preparation of a Cc~prehensive Plan amendment that would remove the OS PUD zoning from the 160- acres up in the center of the City and to do a swap with property to the west of the RM zor:e for the RM property. Motion carried unanimously. ) ( ./ CITY OF ANDOVER REQUEST FOR CITY COUNCIL ACTION DATE March 4, 1997 AGENDA ITEM No. S. Preliminary Plat Chesterton Commons Ashford Development Corporation The City Council is requested to review and approve the preliminary plat of Chesterton Commons located in Section 23, Township 32, Range 24, Anoka County, Minnesota as requested by Ashford Development Corporation. ORIGINATING DEPARTMENT Andover Review Committee General Comments <.. j . The proposed preliminary plat is currently zoned R-I, Single Family Rural. Rezoning , of the property is necessary as being proposed. The proposed plat is currently within the Metropolitan Urban Service Area (MUSA) (1995-2000 Phase). Municipal sanitary sewer and water is proposed to serve the site. . The land use of the proposed plat is inconsistent with the Andover Comprehensive Plan - Land Use Plan. An amendment to the Comprehensive Plan is necessary to develop the land as being proposed. · The proposed subdivision consists of 219 single family residential lots. · The developer and/or owner is responsible to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Coon Creek Watershed District, LGU regulating the Wetland Conservation Act, MPCA and any other agency which may be interested in the site.). Issues Requiring City Council Discussion and Interpretation 1. Environmental Assessment Worksheet (EA W). The Council will need to determine whether or not an Environmental Assessment Worksheet (EA W) is required. The attached sketch plan reviewed by the City Council on August 6, 1996 showed a much larger area to be platted (all under ownership of Ashford Development Corporation) which proposed the development of345 lots. According to the Environmental Quality Board, Chapter 4410.4300, Subp. 19, a mandatory I, , EA W is required for residential development if the total number of units that may~" , ,) :-:~"h;~:', ," . ultimately be developed on all contiguous land owned or under an option to purchase by the proposer, and is zoned for residential development or is identified for residential development by an applicable comprehensive plan, equals or exceeds a threshold as specified in this subpart. Subpart 19A.(4) applies and indicates that the City of Andover is the RGU (Responsible Governmental. Unit) for the construction of residential developments of 250 unattached units. The 345 units proposed on the sketch plan exceeded the 250 unit threshold which triggers the preparation of a mandatory EA W. However, since the time the Council reviewed the sketch plan, Ashford Development Corporation sold 60 acres to Cambridge Capital, Inc. (see attached letter dated from Pete Raatikka, Hakanson Anderson). The plat submitted and being reviewed by the Council now shows the development of 219 residential units which does not exceed the threshold for a mandatory EA W. The Environmental Quality Board, Chapter 4410.4300, Subpart 1. Threshold test, states that an EA W must be prepared for projects that meet or exceed the threshold of any subparts 2 to 34. Multiple projects and multiple stages of a single project that are "connected actions" or phased actions must be considered in total when comparing the project or projects to the threshold of this part. , , (, , \ ' Chapter 4410.0200, Subp. 9b, defines connected action. Two projects are "connected actions" if a responsible governmental unit (RGU) determines they are related in any of the following ways: A. one project would directly induce the other; B. one project is a prerequisite of the other; C.neither project is justified by itself. This is further explained by the Environmental Quality Board's, "Guide to the Rules of the Minnesota Environmental Review Program". An example or scenario is given of a "connected action" which describes two independent landowners with adjoining properties jointly planning a residential project whose design is done basically without regard to the ownership boundaries. Due to this interconnected design, joint projects of this sort will likely meet conditions Band/or C cited above and hence be "connected actions". In reviewing the issue of the need for an EA W the following questions should be considered: · Can the development of Chesterton Commons be considered as a part of a "connected action" as explained above? , / , (, / · Is there a "connected action" relationship between Ashford Development Corporation and Cambridge Capital, Inc.? · Does the selling or sale of 60 acres to Cambridge Capital, Inc. by Ashford Development Corporation effectively eliminate the need for an EA W? · Should an EA W still be required? The Council will need to consider these and possibly other questions in determining the need for an EA W. 2. Conformance with Comprehensive Plan - Land Use Plan. The plat is proposed to be developed for residential-urban single family development. The Land Use Plan indicates the area to be developed as OS., open space! planned unit development, RM, residential- medium density and RU, residential- urban single family. The plat as being proposed is inconsistent with the Comprehensive Plan - Land Use Plan. Therefore, an amendment the to Comprehensive Plan is necessary. Attached is the Land Use Plan and excerpts from the Comprehensive Plan related to the land uses. 3. Sidewalks/trails (internal and external) should be discussed (Ordinance No. 10, Section 10.12) by the Council. Discussion on trails did occur at the sketch plan level (see attached minutes). Attached please fmd the Andover Trail Plan. (, , 4. The extension of trunk watermain and sewer service to the property needs to be discussed with the Council. These utilities would be crossing private property to service this development. Easements may need to be retained from the current landowner or condemned. Comments of the Andover Review Committee The Andover Review Committee (ARC) has reviewed the preliminary plat and their comments are as follows: , , I. There are variances being requested with the proposed preliminary plat. The list of variances are as follows: A. The developer is requesting a variance from Ordinance 8, Section 6.02 for the following lots: 1. Lot 1, Block 1, (phase I) requires width variance (90' required). 2. Lot 1, Block 2, (Phase I) requires depth variance (130' required). 3. Lot 2, Block 2, (phase I) requires depth variance (130' required). 4. Lot 1, Block 1, (phase II) requires depth variance (130' required). 5. Lot 4, Block 3, (phase II) requires depth variance (130' required). 6. Lot 7, Block 3, (phase II) requires depth variance (130' required). 7. Lot 8, Block 3, (Phase II) requires depth variance (130' required). , , , (" ) 8. Lot 9, Block 3, (phase II) requires depth variance (130' required). 9. Lot 1, Block I, (Phase III) requires depth variance ( 130' required). ...: ;., 7~::., .-;: Note: Those items above in bold were not listed as requested variances by the developer on the plat. B. The developer is requesting a variance to Ordinance 10, Section 9,03(0), which requires a maximum cul-de-sac length of 500 feet. The proposed length of Bluebird Street NW is 512,2 feet. C. The developer is requesting a variance to Ordinance No. 10, Section 9.05(A), which requires the maximum length of blocks shall be 1320 feet. Pedestrian ways at least ten (10') feet may be required at the approximate center of blocks over 660 feet. D. The developer is requesting a variance to Ordinance No.1 0, Section 4A, Buildable Lots/ In Areas Served by Municipal Sanitary Sewer. All lots are required to have the front 100' buildable. The following lots will require variances due to the existing wetlands: 1. Lot 6, Block 1 (Phase III). 2. Lot 7, Block 1 (phase III). (-: E. The developer is requesting a variance to Ordinance No. 10, Section 9.03(0) which requires the construction of a temporary cul-de-sac on all new subdivisions that make provisions for the continuation of future streets for adjoining areas when the length of the street exceeds 210' from the centerline of intersecting streets. Crane Street NW in Phase II exceeds the 210' requirement by 20 feet (230 ft). 2. There are lot remnants and outlots being proposed on the plat. Ordinance No. 10, Section 9.06(1) requires lot remnants which are below the minimum lot area or dimension to be added to adjacent or surrounding lots rather than be allowed to remain as an unusable outlot or parcel. The developer indicated at the Planning and Zoning Commission meeting that the remnant lots are to be conveyed/deeded to Cambridge Capital, Inc. as agreed upon by contract. The Council may wish to request a copy of that contract be submitted to the City by the applicant. 3. The Council will need to discuss Lot 26, Block 3 & Lot 1, Block 4 (phase II) as to whether these lots should be considered back to back lots. Also Lot 6, Block 3 (Phase III) will need to be discussed as well. , J , 4. The developer is proposing to use a geotechnical engineer to allow a separation of less than 3' for the lowest floor above the seasonal high water mark as provided in Ordinance No. 10, Section 9.06A3. The City received the report prepared by the developer's engineer on February 26, 1997. The City will submit the report to an independent geotechnical engineer at the expense of the developer to review and . .,~::". '~O~,,4!tcertify.that a lesser separation can be achieved as provided~ Section~~f:i~~~~fi!~~fJ:~t,~ (: ,> report is pending. ' -. , ;, 5. Custom grading is being proposed on portions of the site. 6. The entrance to the plat from Hanson Boulevard NW at 1 54th Lane NW interferes with the Northern Natural Gas Company's (Northern) pipeline facilities and prevents Northern from having access to the pipeline for maintenance and/or repair. Northern objects to the plat and has requested the plat be revised to provide for the relocation of the street entrance at 1 54th Lane NW. Attached is the letter dated February 12, 1997 from Northern for Council review. 7. Due to the late receipt of the Grading, Drainage and Erosion Control Plan, the Engineering Department and TKDA have not had the opportunity to review the changes and make comments. Comments and recommendations will be presented at the meeting. These comments/recommendations will need to be incorporated in the resolution. Planning and Zoning Commission Recommendation (, J The Commission is recommending denial of the preliminary plat as it is inconsistent with the Comprehensive Plan. This is also based on the fact the Commission recommended denial of the rezoning for the same reason. Attached are the minutes from the February 11, 1997 Planning and Zoning Commission meeting and a resolution for Council adoption. Park and Recreation Commission Recommendation The Commission reviewed and discussed the preliminary plat at their February 20, 1997 meeting for determination of park dedication. The Commission is recommending that Lot 1, Block 6 located in Phase II and a 30' strip to the south located in Phase I be accepted as park and the remaining balance be cash in lieu of land as determined in Ordinance No. 10, Section 9.07. GENERAL PRELIMINARY PLAT DATA 8.01 IDENTIFICATION AND DESCRIPTION a. Proposed name is Chesterton Commons. d. Scale is I" = 100' / g. The preliminary plat and the grading, drainage and erosion control plan were prepared by Hakanson-Anderson Assoc., Inc. ~~~{~;;~r~;;:i';~~t....q~.~;.f,1;;:R:'ii;~~,:,,"CITY OF.~OVER 4;.',.,j;;~l!l#...'t''!:i.~t~~~:!:,.,~, ',' c c",. - / " (, , . COUNTY OF ANOKA . STATE OF MINNESOTA RES. NO A RESOLUTION DENYING THE PRELIMINARY PLAT OF CHESTERTON COMMONS BY ASHFORD DEVELOPMENT CORPORATION LOCATED IN SECTION 23, TOWNSHIP 32, RANGE 24, AKOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends denial of the plat citing the following: I. The preliminary plat is inconsistent with the Comprehensive Plan. This is also based on the fact that the Commission recommended denial of the rezoning request for the same reason. (. ) Adopted by the City Council of the City of Andover this 4th March , 19--2L. day of CITY OF A.'\IDOVER ATIEST: 1. E. McKel\'ey, Mayor Victoria V olk, City Clerk \ J Regular Minutes Page 7 Andover Planning and Zoning Commission Meeting - February 11, 1997 ....~.;.:..........- . '. :;;":.-i""~~~:~~~'';;l:'''''" '-;"..;"",< \ (Public Hearing: Rezoning, R-l to R-4, Section 23/Ashford Development, Continued) oning that is consistent pproved. If the single family Z' PUBLIC HEARING: PRELIMINARY PLAT - '*' I ASHFORD DEVELOPMENT CORPORATION _/ CHESTERTON COMMONS - SECTION 23 - 9:05 p.m. The Commission discussed how to proceed given the recommendation to deny the rezoning request for the proposed plat. Jerrv Windschitl. Ashford Development Corooration - asked that it be processed to go with the rezoning. He was not willing to waive the 60- day time requirement. , Mr. Carlberg then reviewed the request for the preliminary plat of , ~hesterton Commons which consists of 219 single family residential lots. \', fhe property is curren~ly zoned R-1, Single Family Rural, and is within the Mt:SA. The Commission has just found the land use is inconsistent with the Comprehensive Plan, so an amendment to that Plan is necessary to develop as proposed. Mr. Carlberg then discussed five issues regarding the plat as outlined in the agenda material -- the question of whether or not an Environmental Assessment Worksheet should be required, conformance with the Comprehensive Plan Land Use Plan, sidewalks and trails within the plat, and the extension of the trunk watermain and sewer service to the property. The issue of a pedestrian way to connect the proposed subdivision to the trail along Hanson Boulevard has been eliminated. Mr. Carlberg also noted the comments of the Andover Review Committee on the variances being requested, the question on lot remnan~s and outlots and corrections to the preliminary plat as listed in the agenda material. No application was made for an area identification sign for the plat. Chairperson Peek asked if the City is co~fortable that the ownership of the property sold to Cambridge Capital since the sketch plan stage is a totally separate entity from Ashford Development Corporation. Mr. Carlberg stated the City has not cee:1 provided documentation that it is a separate entity. He does noc know who Cambridge Capital is. MOTION by :"uedcke, Seconc.e::. by Barry, to open ':::e ~t:::::!.L: hearing. ~o~ic~ =ar:"ied unani~c~sly_ 9:37 p.m. ~errv Windsc~itl. Ashford Develooment Corooraticn - believed the S:aff d~d have some i~:o~macion on Cambridge Capital. Neither he n~~ his w~=e Regular Andover Planning and Minutes - February 11, 1997 Page 8 ;", .... ,.a:.._:,t.,,~ _'_'" Zoning Commission Meeting . . .~'. c",.,. ,,"."~.,,, ',,c,,.., ,.::Oc..J'", I '(Public Hearing: Preliminary Plat Chesterton Commons Ashford Development, Continued) have any interest or ownership, either direct or indirect, in Cambridge Capital. Any inquires about the corporation should be directed to that company. Commissioner Squires stated Phase 3 of Chesterton Commons shows a connection of the road up through the property of Cambridge Capital. Has there been efforts to coordinate that with them? Mr. Windschitl stated the only reason that piece exists is because the ordinance requires it. That parcel will not be developed until something happens west of Hanson Boulevard. Mr. Carlberg stated Staff will continue to do research on Cambridge Capital and have that information for the City Council. He also noted that the Commission does not have to make a decision on an EAW, though they can make a recommendation to the Council. It is a Council decision. i. , - Mr. Windschitl addressed the variances, pointing out there appears to be a different interpretation of the ordinance. He was measuring the dept~ from the center of the lot, which then exceeds the 130 feet; but Staff is interpreting these to be variances because of the unusual shape of the lots. The variances for Lot 1, Block 4 in Phase 1, and Lot 1, Block 1 in Phase 3, is not needed. One variance is to be added, and that is for the Crane Street cul-de-sac. He diein't think it exceeded the ~emporary cul-de-sac length, but Staff's interpretation is that it does. ~ypically they don't build cul-de-sacs on the short stub streets. Their review of the variance shown under I~em D in the agenda, Lot 7, Block 1, Phase 3, indicates a variance is not needed. Mr. Windschitl stated the variance on the maximum length of blocks noted under Item C in the agenda material was not determined to be variances for many, many years. There are identical blocks in Hills of Bunker Lake, Hidden Creek, Woodland Terrace, Woodland Creek and North Glen. There has been a major effort in the plat to try to save trees. Some revisions this week were designed to save trees. The issue of an EAW is a source of frustration. Staff raised the EAW question some time between December 16 and 20. He answered on December 31 that an EAW was not required by statute. Generally this issue is brought to the City Council for a decision, which he felt should have been done by Staff in ~anuary to get resolved. It is frustrating to have this left until now and brought to the Planning Commission which can potentially caus,= another delay in the plat. ~r. Carlberg responded the EAW was mandatory from the sketch plan phase, and he explained normally that is done prior to the preliminary plat being submitted. Four months later a preliminary plat has been submitted. Staff is raising the issue of whether the selling of the 60 acres to Cambridge Capital, Inc., by Ashford Dev'elopme".t Corporation eliminates the need for an EAW or should one still be required because the develo:f:iT'.e::t of Chesterton Carr.mons can be '::::>r.sidered :;.art of a "cc~nec:'ed act:.onlt where rr.ulticle oro4ec~s a~d rr'.u:~:.pl;= s~aq,=.5 of a J _ _ _ _ single project ~ust be considered in total when comparing the project ~r projects for the threshold of mandating an EAW. l-1r. Carlberg stated throu':Jhout t!".e process the developer i:as been infarned 0: the EAW process. Regular Andover Planning and Zoning Commission Meeting Minutes - Februa~ ~1, 1997 Page 9 ... r "';,:/;,'__' "",". .' .-. . .'.c-,.... ~.s.,...:". -- ",..:,"'-.";,_~,,,.'.".;,~.-.:_._~~..;..>~..-.. '." ':'''~':..:,,;-:' (, .(Public Hearing: Prelimina~ Plat Development, Continued) Chesterton Commons Ashford Mr. Windschitl argued the determination of whether or not an EAW is needed should be done in a timely fashion. This has nothing to do with the preliminary plat and is something that should be resolved by the City Council. Responding toa question on remnant lots in the plat, Mr. Windschitl stated the ordinance requires remnant parcels to be attached or conveyed to adjacent property owners. In their contract with Cambridge Capital, it states the outlots would be deeded to them. To attach them to adjacent lots would create some very unusual shaped parcels, but he would be willing to do that. He has been having conversations with the DNR to give them title to the wetland. There is some question as to whether they can convey it to the DNR; and if that cannot be done, it will deeded to one of the conservation clubs. They are making no alterations to the DNR wetland. The Commission noted that historically the City Council decides the issue of whether or not an EAW is required, and they agreed to forward this issue to them without comment. MOTION by Barry, Seconded by Wells, to close the public hearing. Motion carried unanimously. 9:58 p.m. 01r. Haas then reviewed the comments of the Engineering Department as Jutlined in a memorandum, dated February 11, 1997. The housekeeping items will be reviewed with Mr. Windschitl tomorrow. Items still pending are internal sidewalks and bikeway/walkways, the outlots, the location of the park in Phases 1 and 2 which will be reviewed by the Park and Recreation Commission, and the need for the developer's geotechnical engineering report to evaluate the proposed low floor elevations. The Andover Review Committee is also recommending an 80- foot wide right-of-way to accommodate left and right turn lanes at the intersection of 154th Lane and Hanson Boulevard and Avocet Street and Crosstown Boulevard. Other issues to discuss with Mr. Windschitl are those items listed in the February 10, 1997, letter from TKDA. The Commission asked if these items should have been resolved prior to the public hearing. Mr. Carlberg explained one of the issues the Andover Review Committee will be discussing is the completeness of these documents. While timing is an issue and Staff wants to be cooperative, the cumpleteness of a plat before coming to the public hearing is an issue. Staff is trying to create a processing schedule on commercial site plans and plats, a table and checklist of items to be done. The ordinance does state what needs to be done, and the City could take the hard line and not go to the public hearing until everything is done; but they are trying to work with developers to keep the precess going. ~r. Windschitl seated the changes on the plat were reques~ed by the Coen ::reek Watershed Board co eliminate an i::lpact on adja=~ne proFerty. .~,other was to eliminate a variance the City had raised. Regular Andover Planning and Zoning Commission Meeting Minutes - February 11, 1997 Page 10 '{~'~-':.''''''; ~ '", :'-.~';'1,':"':'~ ;'". .~.. .r;, .C' . ...~' ,"; ':.;.. '.:.:~",~!;_,;,:,: it:;. "" (". ;............<<. ~...-"'.. ~- .. ~ ,'-' , f I. . )(Public Hearing: Preliminary Plat Development, Continued) Chesterton Commons Ashford Commissioner Wells asked about the possibility of having a trail along both sides of Hanson Boulevard. Mr. Haas stated there is always that possibility, but it is a ~estion of cost. If the trail is located on the west side, the crossing would probably be at the intersection with Crosstown Boulevard, which at some point will be signaled. The area to the north of this has high buildable land. Mr. Windschitl stated a trail on the east side of Hanson Boulevard will come to an abrupt halt because of the DNR wetland. There is no possibility of getting a permit to go through it. Looking at the flow of a trail between the parks and the schools, the west side might be a better choice for the movement of pedestrians. ( - MOTION by Squires, Seconded by Luedtke, gi ven the fact that the Commission recommended denial of the rezoning, move to recommend denial of the preliminary plat application on the grounds that it is inconsistent with the Comprehensive Plan. If, in the event that the Cot':lprehensive Plan were amended to allow single family housing as envisioned by the preliminary plat, in that event recommend approval wi th the sidewalks and, trails preserved, as noted in the February ,11, 1997, memo that was handed out to us and with the variances as noted in ':he Staff report ,and qualified by Mr. Windschitl to the extent that he was correct that certain variances won't be needed and one that wasn't mentioned would be needed as' well,. Include comments from the two memos from the Engineering Department and TKDA. Include the developer's requirement to get all necessary permits from other agencies. Motion carried on as-Yes, 2-No (Apel, Peek) vote. This will be placed on the March 4, 1997, City Council agenda. 10:28 p.m. ( ORDINANCB REVIEW MOTION by Apel, Seconded by Gamache, to table Item 6 to the next meeting. Motion carried unanimously. MOTION by Luedtke, Seconded by Wells, to adjourn. unanimously. 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Construction or expansion ~f a mixed municipal solid ~aste compost facility or a refuse-derived fuel production facility with a capacity of 50 or more tons per day of input. F. Expansion by at least ten percent but less than 25 percent of previous capacity of a mixed municipal solid waste disposal facility for 100.000 cubic yards or more of waste fill per year. G. For construction or expansion of a mixed munioipal solid _aste energy recovery facility ash landfill receiving ash from an incinerator that burns refuse-derived fuel or mixed municipal soli~ waste, the PCA is the RGU. Subp. 18. Sewage systems. Items A and B designate the RGU for the type of project listed: A. For expansion, modification, or replacement of a municipal or domestic sewage collection system resulting in an increase in design average daily flow of any part of that system by: (1) 500,000 gallons per day or more in a first or second class oity and in any city served by the Metropolitan Waste Control Commission System or the Western Lake Superior Sanitary Sewer Distriot System; (2) 100,000 gallons per day or more in a third class city not served by the Metropolitan Waste Control Commission System or the Western Lake Superior Sanitary Sewer District System; (J) 50,000 gallons per day or more in a fourth class city not served by the Metropolitan Waste Control Commission System or the Western Lake Superior Sanitary Sewer Dlstrict System; or (4) 50.000 gallons per day or more in an unincorporated sewered area, the PCA shall be the RGU. B. For expansion or reconstruction of an existing municipal or domestic wastewater treatment facility which results in an increase of 50 percent or ~ore of its average wet weather design flow capacity, or construction of a new municipal or domestic wastewater treatment facility with an average wet _earher design flow capacity of 50,000 gallons per day or more. the PCA ,hall be the RGU. ~---~ Subp. 19. Residential development. An EAW is required fer residential development if the total numcer of units that may ultimately be developed on all contiguous land owned or under an option to purcnase by the proposer, and that is zoned for residential development or is identified for residential development by an applicable comprehensive plan. equals or exceeds a threshold of this subpart. In counting tne total number ~f ulti~are ~nits. the RGU shall include the number of units in any ~lans ct the proposer; for land for whiCh tne 9:CpCS2~ ha5 ~~t ;et 9=~o3=ed p:ans, :t~ ?~~ snaIL ~ae ~5 :ne ld ).~ the :he RGU lty air !qu ipment, It that lich is subpart' !l, or 22. the RGU ,aste .ng : month, mor", the 'a', ,her than of a 11 be acility 'ict, or lall be ,t ed in 1 be >1 i tan e fill lity for yards per ~he ..< '-'- :nixed 53 "",,_._~-,, ~:u:nbe~ l,t ;J:::t.:; ";!ie :'r.-:.C:..;C': ..' ~;.e !iu~!:~.::- ~.~ ~Cr~:i "Tlu':':iplied '=':! t~e m3x:rnl:~ ~'~m~~: .:t ~r:i~ ;:~: ~~:0 .::: J1~~~ ~~de~ the 3ppli~3c~e :~n~~.~ ~:d~~~~~e. :~ ..~~ ~~:~~ p:.)je~t =~q~l:es r~.ii~w ~L.:t -:u-'j':~ p~a3~s :.l:-? ~;-.'=~:":.l:::. . -~ ;,;,-;U T:.3i :""~.:i-:o"'" ':ne !Jitimate or')~ec~ ;~quentia~i~' .~: ~CC~C~3~~~ .~::~~ par= ~~10.~u')'J, subpart L IE 3 pC',)jA'=: ::cnsis:s :: :r.::(e..: :J:ldt";-l::hed 3nd a"':':.3ched Ijnits, ar: ::At; :n~st be prera:--=~~ :.: 1':r:e $1,,:! .:f tr-e qi..Oct ie~t; Obt3i~ed by Ji~~ding t;~e n~mc~: ci ~~a::~c~~d 11~i~3 by :he applicable ~nattached unit t~reshc~d Ot :~em A or 8, plus the quctient obtained by dividi~" t~e ~umbe~ of ~ttached units by the applicable attached U~lt ~hr~snold ~: :tem A Or B. equa~5 or exceeds on~. Items A and 3 desi;nate t~e RGU fcr tne type of project listed. ~ A. The local governmental unit is the RGU for ~' construction of a permanent or potentially permanent residential development of: (1) 50 or more unattached or 75 or more attached units in an unsewe.ed unincorporated area or 100 unattached units or l50 attached units in a sewered uninccrporated area; (2) 100 unattached units or 150 attached units in a city that does not meet the conditions of subitem (4); (3) 100 unattached units cr l50 attached units in a city meeting the conditions of subitem (4) if the project is not consistent with the adopted comprehensi~e plan; or ~-----:? (4) 250 unattached units or 375 attached units in a city within the se7en-county Twin Cities metropolitan area that has adopted a comprehensive plan under Minnesota Statutes, section 473.359, or in a city not located within the se7en-county Twin Cities metropolitan area that has filed with the EQB chair a certification that it has adopted a ccmprehensi'le plan containing the ~ollowing elements: (i) a land use plan designating the existing and proposed location, intensity, and extent of use of land and water for residential, industrial, agricultural, and other public and private purposes; (ii) a transportation plan desc~ibing, designating, and scheduling the lccation, extent, function, and capacity of existing an~ prcposed local ;lUblic ar.d private transportation facilities and services; (iii) a sewage collection system policy plan describing, designating, and sc~eduling the a~eas to be served by the public system, the existing and planned capacities of the public system, and the standards and co~ditions under which the installation of pri7ate sewage treatment systems will be permitted; (iv) a capital improvements plan ~or public facilities; and (v) an implementation plan desc~ibing public programs, fiscal de~ices, and Qt~e= act~ons t~ be undertaken to : : 54 ( r-" ,"7'":.: ....:-:...:.:;,.:'10 .:"1t:.]';:.3 ::a':e ::e-=:",. :'_::';~'::';=~'': .:': t:-:e ;~!':'?=:.C =::.5. / :'.l, 1.'.~:-:--..!,,:;.':~ :~'/i..:'... ;':--::p,)~,J: :~;:"'.":J.::~': ~ ~~~.-?:":: ~:3 :nU3': =~ .1;J;"= ~.:-='.: ~ ...:;:'. OJ: :r".-= =:C3 .;::~~= pa:: ~~~:.~r:i'-,,~ ?:::: :: :J:3:. Relationship to project-specific revie~. :~ 3 ~~~e:;.= ~:3 J~es ~): ~x~~p: 5~ec~~:~ ~Ct~~~t:~s ....~... .:'.;: ?"':"-=pa:J."::. ::-. ~:~~ ?::jec:-;~~~i~:c ~~~i:~~~e~:3: :a7:e~_ ?=~~eC:-3~ec:::~ c . . .. ~~~~::~~~~:3_ :~~:~~ 5~a__ ~5~ ,- , .:.:::: :~a:: "::"'. :::-= ;;::.e::.= =::S t~er:~g ~::.~ 3~a:: reE:ec: :~~ :ec:mme~~at:.:~s c:~t,J:~~d ~::. :~e ;e~e::.: ~:5 :: :~e =:C3 =e:~:~ines ::-:.at :he ;e~e::~ ~:3 re~a:::'5 ":.'1:".'::: ~de'-i:.;a: e 3: Su::;:>. :. :he :ime :~e speci::c ~:Qjec~ :5 5~b:ec: := :e~:e~. Relationship to projects. ~~e :~c: :~a: 3 3'.Jch ~e::e::~ 2:3 is =ei~g ~r2~a=ed s~a:: ~Ct ~=2~:~de :~e ~~de:~3~~~; ~~d =~m~~~:i0n cf a ~;ec~::c prQ~ec: ~~:5~ :~?ac:3 ~:e ccr.st~e=ed l~ :~e ger.e::c ~:S. SA: :~S s ~:5u.')~; l:ou.,J-IS HIST: ~3 Srt :-137 o?: ~:'l :3:ln:~g ; '::. :'1 t~e 4HO. ]900 JOINT FEDERAL AND STATE ENVIRONMENTAL DOCUME:NTS. S~~~a~~:. Cooperative processes. Go~e~~~e~:a: un:ts s~a:: coope:a~e ~ith federal agenc~~s to t~e :ulles: exte~: pcs3:~_e :~ red~ce duplicatio~ bet~een ~i~nescta S=~~utes. c~ap~e: ~:6~ a~d t~e ~a:ional Envi:~nme~tal ?olic: Act, ~~i=ed S:a:es Code :?75, :itle ~2. secticn~ ~J21 :0 ~J6:. su~p.:. Joint responsibility. hhe~e a join: fede=a: and 5ta~e ~n'l~:cn~e~:31 dcc~ment i$ ~:e9a:ed, t~e RG~ a~d o~e O~ ~O:~ :ece:a: age~cies shall be joi~~:y :es~cr.s:ble :~r its p:~~a:~:i:~. ~he=e ~~~e=a: ~a~s ~a~e e~'li::~me~:a: 1oc~me~~ :~~~::eT.e~:3 :~ acc~t:=~ =~ but no~ :~ ccnf:~c~ ~::~ ':~cse :~ ~:~~e5~:3 3:a:u:~s, 5~c:icn :16D.J~, ;o~e:~~e~:a: ~~i:s ;~a:: ;:~Jjects: e :n a ~-=': ~: :r:r ~, }:s. '-. ..-..J a 2'!':JO :::n.ation the . -. - . . . '.. . . - c=~pe=a':~ ~n :U~:lL~:~g tnese =~q~l=sme~ts 3S ~e~~ as c~cse ~: S:3:~ _a~s 5~ :~at ~r.e ccc~rne~: ca~ c=mpiy M~:~ 3:: 3?p~i~abl~ _3'..3. ~ !;:':.e s~=? 3. Federal eIS as draft EIS. -= a :e~e=a: ~:s ~i~~ be .:r ~as ~een ~r~pared for a projec:, :he RGU sna:: u:ili=e the d:a:: 0: Ei~ai :ede~al EIS as the d:3ft state EIS ~oc the ~=oJec: l: t~e :ede~al ~IS add=esses the seoped iss~es and satis::es :he scanda:ds set fo~th in pa~t -1-110.2300. SA: ~S s ":5u.~. s~=d 5a ents ~ cor.ta:n :)1,~ 1 tS MANDATORY CATEC~RrES :~e ~410.~JOO ~~ATORY EAW CATEGORIeS. 5~=~d:::. ~hreshold test. A~ ~AN ~us~ =~ ~=e;~:~c i~ :~e a ~~=~~c:; :~a: ~ee: ~= exce~~ :~e :n:es~clj c~ any ~~ ~~=pa::; - ~o 3~, ~n:~s5 t~e ?:cjecc ~eets ~= ~x=eecs any t~resno:ds c= ~a:: ~~:J.~~:0, ~~ ~~~:~ case an ~:5 ~~~: te ;:~~a:~d. ~~~::o:~ =ro:e~:s a~c ffiu:~:olE S':3=es == a s:~c~e ~=:~e=: .._ _.~_ ,...:_ .._'" "":, 11__:"__.. ~:~.,... _..__.__ ...... _:.:;.. ~ _..at 3._,:: ...C...l~c..-=a a_._~ns 'J. t"'..a~.;... ,:::,C...Ca.S ..1_.;:).. ...e C_i..:I.,-e_el..i. :~ ~~~3~ ~~en cc~pa::ng tte p:')je== :: ~:C:~C:5 ':~ :~e :~:a5~o:ds =~ :~is pa=: a~~ ;a:: ~~::.~4~~. !:"!d :: . ::i.:ce .:~ ,;'-::=:': :.: ~7 J - . , , . .~ . ~ ., , , ; " " . .t...;'....'~;..=:;,..i..;..:~.....'~.....'I"~:.........-~ ....fl".i"""-......l!;... ~ -.::,.."..~....... .~.._;_"" .. _. .......:.., . ...~;.. .: \ I :ac::i:i" 'Jsed ~c .:ompos: .::~ C0-Cl"J:TIPC5: SC_:O ....a3':~, :nc':".1d:.::;: A. 3::UCtU=~S and p:~~es5i~g eq~ipme~t ~s~~ :.: ~Or.::06 ==ai~age or co:lec: a~d t:ea: ~€3ch3':e; and a. storage areas :0: lnc~mi~g .3s~e, ~r.~ ~:r.al ?=~ccc:, and residuals =es~~~:~~ from :te ccm?cs::~g p:cces:. Si.1bp. ?t. Connected actions. :"";.~ ;>:oject5 3:e "=,=,nr..ec:~d actions" if a =esponsibl~ gc~e=nmenta: ur.i: c~:e=~:nes ~~e~ are :e:a:ed in any 0: :he :u~:~~ing ~ays: A. one ?roject ~ou:d' di:ec:ly i~duc~ tte ~:te=; 3. cr.e p:cject i~ a prerequisite fe: tte ot~er: cr c. neit~e: project is j~stif:.ec by :tse:f. S~bo. :0. Construction. "Con3t=~c::on" means any aC::7::7 S~b~. '::.'= :c,:=... a~'::=:.~a.- - - ': :-.e =::: ::''';:'';i. _::e;.:~e-=:.; . =:-e=.= a::: -.- _.... -- . ..... ", - - - ,:,':' . -esse:.':':' .::._ ......:;.CS:==7 _l'-__ ----. . :: 3.:: : : : ~ ',' , :~a~ di=e~~:1 ai:e=s the en~i=onme~t. ~: :a~d or ~ab:ication of :ac::i:ies. 5.:' ~.:.:: ....a2: ~- .:.nc:~des ?=~?a=a::~n It coes not include :-:ea: ::,. :. s~r.eying or ~apping. Subp. ::. Cumulative impact. "Cu~ulative impact" means the impact on the environment that resul~s from incremental e::ects ~: the projec~ in addition to othe: past, present, and reasonably foreseeable future projects regardless 0: what person unde:ta~es the other projects. Cumulative impacts can result from individually minor but collecti.ely significant projects taking place over a period of time. Subp. 1.2. Day. "Da~l" i:1 counting a:lj. period of time sha.i~ n~t include the day of the event from which the designated period of time begins. ~he last day of the period ,ounted snall be included, unless it is a Saturday, Sunday, or a legal ~o:idaYI :~ ~nich event the pe:iod ru~s un:il the end c: the next cay :tat is ~ot a Sa:~rcay, a Su::day, or a lega: ho~ida:. Nhen the period of time prescribed or allowed is 15 days or less, intermediate Saturdays, Sundays. and legal hclidays shall be excl~ded in the counting of days. Subp. 13. [Repealed by amendment. ~ .983 c 29~ s 115 suod ::: -: = a:-. _ ~ :ac::i::-=: SL:Op. : =.~r:Cl::=:-.= ?rc.pcsec ; _. - :~':.=a, :a_ :"'.a~:.:=a~ :.; s ~gni f lea:-. St;Op. : n::::.,;:, :c~i.:-=' '.n ich :'5 .: de~erm:.::e '::) :.::it~a: Subp. : :neans EA..., ::he: e:-~....':, 5u.bp. : ::r.pact 5:.=' . 1 ". ~:.~nes=' Subp. 140 Disposal facility. ":)isposal faci:it,'" has the meaning given in Minnesota Statutes, section lISA.C), subdi.is~on 10. Subp. :5. DNR. ?esoL:rces. 3:.:~? ':'6. DOT. "DO':''' :neans De?a:-::Tie~': of T=ar.5pC::':3::~-:.. S~:'tJ. :7. EAW. 'I=:AWII :!'lea:-.s -=-:"l.V~:.:,;.rr:e:-.:.a: =-=:seS3;':"l-e::: '''''IJ:ksheet. 5''':::0. :":. "DNR" :neans Depa:tmen: c-f Natu:a: Subp. :' St:bp. :. the capa::: ~xisti~g =~ :-..:: ~~c='?:: SUO? : -..e:~..~~ ;:.. 3..;::;. Ers. "~:S" ~ea::s ~nv:=:~~e:::a: i~?ac: 3~a:-eme~:. EIS actual cost. .~:S a=t~a: c~s:. ~e~~3 ::-:e :j:~: ~: a_: a::~~able ex?e~d:~u=e5 i~=~=:ed by the ~GU a~c :~e prcpose: in p:eparing and di3~=:~uti::; tne ~:S. Subp. :0. EIS assessed cost. 'tE:S assessed ccs:" ~e3ns :~at ~c=::cr. ~: t~e EIS est:ma-:ed cos: ~a:c ~y t~e p=:pcse: ~~ - . .. - - .- - - . _.. .00 Su:::p. ::? . :='_=D. ::..a:~ :;:c.- ::,:.cd p:'a:.- ~~::--~=-.es-:a :: :::.-.i!!':'SS :''::'".-: :: 7::-.e :'e;~ :~e :cr~ ~f a cas~ payment :0 :~e !Q3 =r co the RGU ~or ::-:e ~~~_ec:::~ a~d a~a_ys':'5 J_ :@c~nica: da:a :~c=rpo=a:~j ... :~~ 5j=.p. .- :::. ~ - . - - - _... ..- -. 4 --... -- . ~ i .:..'i ,_~. +-, ,- -r 1'. ',_ /'.: / : .c. -; k...... hi ',' J'" _. \ \ '. '-6\'''''' _'- \~~ r:: 0\.'-" "-O,'\:I."..._\~\ ,:-:> ' \\:. (J '"" ,'<.....-- -0- -p~ <""r~('''' ..1..'- (. -' Connected Actions Reg:lluk...,,\ Ill' ....llI:lill..~ by L1Il.' '~:JII, :'n,.".:r. pruj,-';l\ I!lll'l l\.' ;,'ll."kr,,1 fIllt, III ;1 LlP,!I.T. '111:;!" I'm)..".:t li,r pt.IrJn>Cs of .:mirunlll,nl;~ r....,I<:.,' ,I' ,11<:;. .Il\: alu.:rrd;ul\l ill ;UIY I.f 111<: 1.\:11'- [1I\:scnh,.'d 'IIth,- ,l,':illiti,xl'lf "01l1llt.'ClCd xtiun\." 11lis u.:nll '.I.;h ;kldl\1 to tOC ruks in I"s,.... ;1I1tl in part. n:ph:..::; lilt: !I.'flU "r.:lu..'ll actions." which ""';.lS J..:lt:u.:tl. Thl'll:;1I\.' ihrl.... IYPl~ of inu.:ll.'Ullll<:;ulms tX."''\'l'l.:n Pltl}.\:l~ that IIcl, th<:m '\:cllll1<.'<.'lL'll action,,;; " 1. One ...ill ind:l<:~ 1/11.: ucher !lhs t~ :he Il.\peCI oj' ti~ /~,"'~r It:nn ;'rdt.UeJ t.U.'IWn.l''' ;\;Ii.:!: is cowr~d by "connected <l<.'lions" J; 1. One is a prL,-equisile for the Olher; or 3. Neither is ju.s!ified by iL~elf Whenever two (or more) pujects are n:1au:d in any of th= ways, trey must be considertrl as if ore project, regmlless of owrership or timing, alXl must t:e tn:lled in a:contmce with pans 4410.100'). ~ 1O.2CXX>, ~I0.4300, subpart 1 :me! ~1O.4-lOO. subpun 1. ( / One example of a "connected a:tion" .....hich may OCl'Ul' Il.ith some frequency is the following. Independent Iandowrers with adpining pupcrtics sometimes pintly pbn a residential or commen:ial project whose design is done OOsi:ally without reg:ud to tre ownership lxlundaries. &cause of the iruert:onnecled design, joint projects of this lOt \\iIllikely meet cooditions 2 and/or 3 cited :lbove and heoce be "conrecrect :rtians." It is not inrended that the coocept of "connected actions" be inreqxeled to require th;a en\ironmemal review of public infraslructur.l projects (e.g" a highway or sewer) fully sali.ify all review requirements that may apply lD spcci1ic future de-.elopmell1S that would be served by the inCr.Jstru:tlIr.1! project, unless the infr:1structure is planned primarily to save a specific project rnther than to su~n developnent generally. (Howe-.er, this 00es not relie~ the RGU of its ~ility to coosider iOOuced development in a generic way in its envirmmenl3l review of tre infr:1stnx:ture project.) Joint Review of Independent Projects 1rere are siIuaticn.s in which independent projects . i.e., projects which are neiIher "phased actions" nor "connected ~ . may I:e best considered pintly for puqx>ses of environmentl! review. Decisions aboot joint review of auly indf'pcrxJent projects are at the d&retion of tre RGU. \\ith tre geneml provisos that pint re\iew may not unduly delay the re\iew of one project compared to the estimated time for re\iew on its 0.... n and that an RGC a1w:J.)'s h3S an obligation to consider cumulative irnp:rtS from other proje::ts in determining the need Cor an ElS on any given project (see p:m -410.1700. subpan 7, item B). Joint reI. iew may be appropriare in the 10110\1. ing cin:ums~ce.s: 1. Eut:h of a group of projecLS planned for the same viciniry requires prepararion of an E4. IV and lhe RGU belie.....es lhaz re~ie\V could be completed more ejficiefllly. or potenlial clllTUdaIive impaclS could be assessed more effecti.....ely. by preparaIion of a joinl E4.lV. 2. Each of a group cfprOjeCIS requires an ElS and the RGU believes thai they will hm;e poteruial cwnula!i~'e itr.paCLS on :r.e same area and thilt rel;ie.. could be accomplished more efJec;j~'I!!y or ejiJ,:iemly b;. J joint ElS, All ElS ".rJch jointly re,'ie,,,s irutepefldem projects '.hich :::vnula{i~e~. affr:!Cl !r.t! Wl":i: ~eo~ra.:",'j:J.;: :.:rc!:.1 rill i:i..',:r.Jr;'I.;:.J(v be:c!l ....t:fern.::1 to US::.l ;;rda:f.:d uc:icns E15." [his 111111 \ 9 J I=ii' Hakanson 1.. ~~~~~~. 3601 Thurston Awnue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-J~Ur 0520 r')ecember 2, 1996 (. , Mr. Dave Carlberg Community Development Director City of Andover 1685 Crosstown Boulevard Andover, MN 55304 RE: Chesterton Commons Preliminary Plat Dear Mr. Carlberg: Please accept this letter as our formal submittal of the preliminary plat of Chesterton Commons. Enclosed with this letter are six full scale copies of the preliminary plat and three full scale copies of the grading and erosion control plan, utility plan and tree protection plan. Also, enclosed is a hydrology report, soils report and a wetland delineation report and addendum. (Since the review of the sketch plan, the adjacent 60 acres to the northwest of the plat have ~ ~ been acquired by Cambridge Capital, Inc. Therefore, the total number of lots in the plat is' 219 , '')ts. , \' / Please review this preliminary plat as soon as possible and place it on an upcoming Planning and Zoning Commission Agenda. Also, please acknowledge receipt of the plat and attachments by signing this letter. If you have any questions, please call me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. ~~~~ Peter R. Raatikka, PE kas Enclosure cc: Jerry Windschitl , Ashford Development, Inc. 2054-16.c I, acknowledge receipt of the preliminary plat of Chesterton Commons and items listed in this "Jtter on December 2, 1996. Dave Carlberg ~ ;1'~lIlt 't .1.... L.md'l'.lp" -'-rc hit....( b ")lln 1'\ (if" """j I"I'!. 1.'111' () -l -< o "TI~ .. ... -~t. (, / -.'-- .01 I i ~C\ --. :' J. , I/J __, I rJfiTJ! ~ ~ ! I ' ' , (j "J ,'-r-I ,J, --. ,., ~! I I ' ~~ ~ ~ >~l ~1-1~. n~ n ,r,! - ~ ~~+r i - ~ ~ 1tJ'..' . ,l~ ., ' " . . '~' " !t. , ~ n I, , I' ,~, .. - "1\"1' , 'H'; ;; ,,-, - ,o-U, " . l. '" . ,'.' ' '.. 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'\ j I 1- ,~,-,,- DRAFf - 12/1/91 are extended, land may be developed into urban lot sizes in accordance with zoning ordinances. (f) 3. Urban Residential-Multiple Family The Urban Residential-Multiple Family land use is defined as land within the MUSA and FUSA that is designated for medium density residential development. Residential development in these areas is intended for a gross density of six units per acre or less. There are four areas within the city designated as Urban Residential-Multiple Family (Figure V-A). Of these areas, one thirty acre site located at Bunker Lake and Crosstown Boulevards is nearly fully developed. The other three sites are: 30 acres near County Roads 7 and 116, 40 acres a quarter mile north of Hanson and Crosstown Boulevards, and approximately 20 acres southeast of Hanson and Crosstown Boulevards. The three undeveloped sites (90 acres) could accommodate approximately 540 units. This would yield approximately 1,240 additional people (based on a County average of 2.3 people per rental unit. 4. Housing and Residential Land Use Policies The City of Andover recognizes the following policies related to housing and residential land use. a. Disparities between supply and demand for housing, including low and moderate income housing, shall be recognized and dealt with in an appropriate manner. b. The City encourages the development of a variety of housing types within the community, including multi-family and life-cycle opportunities. V-20 " (" ) @ l , r r 1.; . .I ~ DRAFT - 12/1/91 e. Open Space The City of Andover currently has many large parcels of land in addition to existing municipal park land that should be preserved as open space. These areas are scattered throughout the city and appear on the 1991 Land Use Plan as agricultural Preserve (A) or Open Space. The nature of this land is such that it should not be developed into an intensive urban use. It is the objective of this plan to preserve, protect, and enhance the open space character of all Agricultural Preserve and Open Space Land within the City. The plan designates seven open space areas within the city, each having a specified future function. These include: 1. Ward Lake and surrounding land of approximately 115 acres is designated for use as a natural preserve with appropriate passive recreational opportunities. 2. Kelsey Park is approximately 99 acres of land currently being developed as an active/passive recreational area. " :>. Two parcels in the vicinity of City Hall, approximately 80 acres, are designated for future development as a community park for active recreational use. 4. A 160-acre site along the east side of Hanson Boulevard and northeast of City Hall is set aside for future development. The intent is to encourage a planned unit development with housing clustered in the developable areas while utilizing the remaining areas for parks, trails, public recreational development, and/or wildlife areas. 5. The old city land fill, approximately 134 acres, located along the west side of Hanson Boulevard and south of Coon Creek, is designated to be unused for an indefinite time period due to potential adverse effects associated with hazardous waste deposits. 6. Bunker Hills Park is approximately 700 acres of land located in the southeast comer of the city. This land is currently used and will continue to be used as a regional park. 7. All areas identified on the City's zoning map as general flood plain and floodway for recreational purp'oses. VIII-I8 1'~ ./ (, / @ ! ' DRAFT - 12/1/91 b. Open Spaces (OS). Areas designated for open space include existing major park facilities and lands set aside for future recreational purposes. (OS" indicates intention to incorporate open space with a Planned Unit Development.) c. Agricultural Preserve (A). Agricultural preserve lands allow agricultural and horticultural uses, and single-family residential use with a minimum lot size of 10 acres. d. Residential.Rural (RR). These lands are defined as lands outside the newly designated Metropolitan Urban Service Area and Future Urban Service Area. This land is designated for large lot development (2~ acre lots or larger). Developers are advised to subdivide land in this area for potential future subdivision. A "ghost platting" technique is appropriate whereby land can be further subdivided in a cost efficient manner. e. Residential-Urban Single Family (RU). These areas are designated for future urban expansion. The phased development of these lands is guided by the extension of municipal services as provided in the Utilities Plan. The plan requires further restriction on the subdivision of land within this district until such time that sanitary sewer can be extended in a cost efficient manner. As sanitary sewer services are extended, land may be subdivided into urban lot sizes in accordance with zoning ordinances and subdivision regulations. r. Residential-Medium Density (R.\1). These lands are designated for development into multi-family residential housing. These areas are incorporated into the Plan to provide for density trade-off of development in the vicinity of City Hall as a planned unit development. Residential development in this area is limited to a gross density of six units per acre. g. Commercial (C). These areas are designated for commercial development in accordance with the City's zoning ordinance. h. Industrial (1). These areas are designated for industrial development in accordance with the City's zoning ordinances. .. 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I I I \'~ ..'.o<":I',,.,liOlll:r:ifl,1 A- I 'r' -- ~;,;'gi~~?l~, ~~~ ll~ F - \I:l!~ II' 'j '!l: 'n\rml~i , ; . I IJ i -.' ;....~ 4 L2,i~}jI L-- "\ L -'-f---:- __u_ _n -' r ~m: 7-= ' :: 1! ~ I' t ~ -',-_ , ;; ;I ;"~]" 1111 ["Il< ......... _ -- n_ _,. - 'r-:: ~ "" ~J"'~ I 0: ,--- 11\, / ,,'(.' ' . 1'" L:.~~ ." it. \\"I~M~, ~~ -I::' j ,-- '--_:\--1 on_ i l/ h-:' "'I >; fl}, ~!: it: I .~i~~ .. ~ ~ ~ ;! i...... ,~" t-u I ~'I \ 'I;' , I~ / ~~. ~C t iWr-ot~ I, p. "~~~II~ I '!11 [....-1 ~ 1:1 L =L 'r 'PlIll] - m I :, I' ~'Ir 1~ . ~ $ I" . 00] j - -;:- r '1--- f'\.. T: -:L -.- r~Lr.)tJ '. I~~ ,'" -; .. . , .: n ,. '.~r - I \ - ~F -:. I~~ ;.t-l~ ! ~ "1,1.1 I. Jl .' : L~ :r.LUtJ-1 I" i '111,'1,.1" - -- 1'::[ f,~ - f '= i I! ." ~ .. _~ I ~ .J.flllT7' IJ:~J,ln___ I.:::::" j ~ 1. ,_.. ~~iI1'n:' :-. :l~""r:'" i '1' --- -- -I. ~,- -" ~ 7 [r ! . d...,..... :~!Y~ '" .~!~I .. ...~.....,: ~ nHm'" [:::tl~ -,.., : :,;',Jt _;(}, ~ - 1\l!?En~l. l_ I ,I. I ill , I' ,"'.' " " I ~ . ,: -j: ,,,I I 10. h",! no ". ~ 11:;t~1 ,~r:' I~j' ! ,- ",- ! ,~ ~! i /51. I ~ u: ' ." ~: : :.m;:-It 1 : ,,;, : '.. -, -r " ,,'- -- -- I" , -00 '~;~:~~ ~W'''~~I'~'~'"'': ,~='~'~"'/"'Il.I'" .t....i~. ~-i 'i' ~_I : ~~j,J~r J)2 ....';\....; .-, ,I 'ii' 'I ~;r ,t,1 ' I' I L.J,' , -".~t'! " 'I.tl -00 7d ~--' -.' - '...., :li....~!~I" I I ill! -I ' I'I":'! I;, ,~):- :~,', ,I. - m_ -JT'~~;<'I~~ ff,J}-;";,,,'IL1,i ttt"(Tr. I,j, _~ ---1.-' 1 , 0=.1 1+1+1 U r I) I 11..1 ~'\ - - ,li:~~-, L 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 I I : : : : : : : : : : : : t : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : 1111] I'~r I (. / ~ ~ .., ~ c:; ~ 0:: r:= r- ;d '" t'l I ~ ~. ... ::< ~ ~ s: a " ;., ~ " z E. :!l ... a. ~ ~ ;j. - " '" = Regular Andover Planning and Zoning Commission Meeting Minutes - July 23, 1996 Page 7 I ./ (Sketch Plan - Round Lake Site - Section 29, Continued) remain undisturbed. The outlot to the south will not be allowed to be developed because of the new state law that tax forfeit properties cannot be used other than for open space areas. The Commission had a concern with the flood plain and traffic on Round Lake Boulevard. Mr. Haas stated the flood boundary is defined at 869, but the engineers will double check the contours when the preliminary plat is done. The traffic volume is high on Round Lake Boulevard, but someone's house would have to be removed to make a full intersection with South Coon Creek Drive. Again, the county will review the proposal, but they do not comment on the capacity of the roads. Commissioner Barry had a concern that a traffic study is not done when these developments are presented. Commissioner Wells had general concerns with the high traffic count on Round Lake Boulevard and with the jog at South Coon Creek Drive. Also, there are a lot of children riding bikes on the side of that road. How does this tie into the trail system? She was also concerned with the water level on the lake. Mr. Haas stated the Park Commission will be setting up the guidelines for trails and recommending a master trails plan. There is a potential for a separate bike lane through the area, plus there is the potential that Round Lake Boulevard will some day be widened to four lanes. They will be following up on the water levels during the preliminary plat stage. There were no further comments from the Commission. ./ (,~ SKETCH PLAN CHESTERTON COMMONS DEVELOPMENT CORPORATION, INC. SECTIONS 14 AND 23 ASHFORD Mr. Carlberg reviewed the proposed sketch plan of Chesterton Commons, a Planned Unit Development which consists of 345 units. It is currently zoned R-l, Single Family Rural; and is proposed to be rezoned to R-4, Single Family Urban. The property is located within the new MUSA area. Single family homes, townhomes and a commercial area are being proposed. The Comprehensive Plan proposes the area for senior housing and open space, potentially a golf course. The developer is looking at developing 45 acres in 1997 as the first phase. An environmental Assessment Worksheet will be required to be done by State Statute. The Andover Review Committee has requested the developer provide a sketch of possible development of adjacent properties. He understood Mr. Windschitl has done that, though the Committee has not had an opportunity to review it. The ARC is also recommending a second access be provided to the townhome area and that there be no ponding along Hanson Boulevard. Sewer and water does not abut the prope~ty but a~e located a few feet to the south. The Committee is also recommending the outlot be eliminated, plus trailways need to be discussed. Commissioner Wells wonde~ed if the school district has look~d at this. ,She was on the Do~nda~y committee fo~ the new middle schoe:, and they 'had no idea these 300+ lots were being proposed. nad they ~nown, they may have made different recommendations. M~. Carlberg did not believe t.he schoo:" d:s':~:"c:' has ~-=vi.::wed t.n.:..s I though t.r-..,= Ci ~y nas kept :'::12 ._~~~, ~~~~ ,"'l~~" t.<~ - >,:~'~~.~~,~r~)}~.~;:.i,:'X?:;'~'~' .';:~tT2,f;:c'''' ..". . ~. .;:~! . 14 and 23,'::Condnue~) school district informed of its proposed and potential growth over the last few years. He also reviewed the proposal of the Comprehensi're Plan Task Force in 1991 to designate this area for recreational development, though the actual designation of a golf course was removed from the Plan. Jerry Windschitl, Ashford Development Corporation, stated the golf, course was removed as a.result of a joint meeting of the Task Force and the City Council. In referencing the ARC's proposal to eliminate the outlot, he explained the outlot exists for the, wetland. They are proposing no alteration to the wetland. It is proposed as an outlot because the LGU doesn't want them to have radial lines from the lots carried back to the wetlands. If the lot lines are carried back through the wetlands, the people feel they own the wetland and have a right to go into them. The Watershed Board does not want that to happen, so the City and the Watershed will have to discuss what they want him to d~ with this issue. If the City's only concern with the outlot is maintenance, he would propose looking at some donation of that land to' a conservatory or the DNR once all easements are satisfied for the City. He felt the ownership of the outlot could be resolved without extending the lot lines back into the wetlands. Mr. Windschitl ~tated the plat was designed to contain no variances. ( ~ ; Many of the lots are larger. The traffic patterns have been planned to · '. prevent, ~the.problems occurring in Woodland. Terrace.' The' Hamilton.1;':..l', property to the south is planned for commercial development. There" ,,' ' ,will be quite a bit of ponding required for the plat, and he 'felt~'"'" ponding along Hanson Boulevard will be unavoidable to .satisfy the;:" ~. ;ii",Wate::shed, Board.. He felt the ponds could be lan~scape.d:_:~:I.~...:..w<?-u..l~.:~~..:i;..~~.:~~~ ~~possJ.ble;.to,;provJ.de', another access ,to .the 'townhome 'Oarea -by 'goJ.ng ~to ~t1ie ~' (:,' ,.....,,~north, but for aesthetics and the view of the townhomes/- it, would 'be""~,t::,,.. ,,_....'''''";;;pJ:'e.ferable,not.o..toadd that road., .He asked if~the Commission'felt;"it:'is~~" , . necessary to provide another access. ' ," .' Mr: Windschitl also reviewed a draft proposal for the subdivision of the adjacent properties to the east and north. The property to the east is not included in the MUSA area recently received by the City; however, he felt may be able to be served with sewer in the future. He asked if th~ Commission wanted him to show that as an urban or rural subdivision. '" After some discussion, the Commission felt that if the Engineers'u determine that area can indeed by served by utilities, that it should be shown as an urban subdivision. If not, then the proposed subdivision ~"....,.__",.should.be ,.to .the . rural standards ."'" , ,"" ',' .." .' '~'.'"'~'" ,." 'u' .~-:.,. """"', -'..,.... '.=.~.".<~.7.<:....~~ ~ ., . .....-, .;.. - ., . Mr. Windschitl noted the 40 above this property has been divided in a number of lots. He has a purchase agreement to purchase the parcel to the north, and there will be a lot split coming in. He will be trying to clean up some of the parcels, possibly blending the northern parcel with )the plat so a remnant is not left. There is wetland to the east on the bottom portion of the plat, plus the property that is in the 1991 MUSA designation for smaller lot resubdivision. R:gular Andover Planning and Zoning Commission Meeting : : ':.j,t.;;~r: M~nutes - July 23, 1996 ",?o~:':lru' ..~t,.~{.pag~i~~~~~~~~~:I~it~&,Q~",'~~~~~<~''':~''':'~~'~'~~f.li!j":'i.<Sig;:=.~"c*"'~'~'~ (, ) (Sketch Plan - Chesterton Commons - Sections 14 and 23, Continued) In further discussion with the Commission, Mr. Windschitl explained the townhomes, done by association, are not being designed for senior housing; but the intent of the market is for the empty nesters such as seniors. Off-street parking will be provided in that area. The location is the nicest part of the plat. He anticipated tying th~ park and the common area together with a trail system, though he did not know if they would be successful because of the DNR wetland. There is an existing old farm road and crossing. He also felt the park area should not compete with the activities around City Hall, envisioning there be more picnic, volleyball, horseshoe, etc., activities. The bulk of the park is high and dry with trees all the way around. The plat accesses two major county roads, and the exists on Hanson Boulevard match the driveways of the middle school. The Commissioners liked the idea of doing something with the remnant parcel to the north. They also liked the central park idea and placing activities in the park that do not compete with the City Hall parks. The Commission did not see a benefit to providing another road to the north from the townhome area. The reason people like the development ad proposed with only one access is for privacy and security reasons. The Commission also felt it would be nice to incorporate some kind of (, ,trail system through the development to accommodate pedestrian traffic , flow, but nothing specific was discussed. They felt an overall master trails plan needs to be developed so these trails would tie into an overall system. They encouraged the Park and Recreation Commission to consider a system through this plat. Mr. Windschitl noted people do not like to have trails through their back yards, so it becomes difficult to get a trail through a development. There will be some trails in the :,:.,~: common area. He also explained the reason Andover does not have a trail system is that 12 to 15 years ago a Task Force decided not to have one. _';-;'. There was some concern with having a commercial district across from a middle school, noting the problems that can be created with convenience stores near schools. The preference of the Commission was to see an area with more restrictions such as the Light Business zoning with office or medical/dental buildings. They suggested the school district be asked to comment on the location of the proposed commercial area. They noted a commercial zone is inconsistent with the futiiie "land use-' map in the Comprehensive Plan. They did not see the need to review the' - '",.- sketch plan again after the Andover Review Committee has _looked at th:. _ sketches for the development of adjacent property. The item is to be'--"-~- forwarded to the City Council. OTHER BUSINESS 'Mr. Carlberg updated the Commission on the actions taken by the City , 'Council at its July 2, 1996, meeting. There was also a discussion on protocol, the airing of concerns, the treatment of residents by Staff and the Commission, and appropriate actions as Commissioners. Park Commission Minutes - August 1, 1996 Page 2 ~-;~.7 ,~~ 'c;~~~--:~\~~ --~-'~~ _~~~Lij)~~~~~:..,. ( 'J^ .-,. ". :",,' ....." , .,.'c,,' . " c.". .,..., " ' . ' , , : , / . . -' ... ..;. ,.',.--- :..., ~ --":::'{<:~.'i'':'-'.". ,I' _ .-. ".;'-'.' ".. Chesterton Commons Sket~h Plan Jerry Windschitl, Ashford Development Corporation explained that the plat is 182 acres with a s~stantial amount of wetlands. They would be agreeable to an entire cash contribution in lieu of park land as across Hanson Boulevard are about 3/4 miles of park. There is, however, a 6 acre parcel that they would consider for park. The parcel is surrounded by trees. Todd Haas noted that based on the Comprehensive Plan, a park could fit in this area. The people in Winslow Hills have expressed concern that they do not have a park in their area. He asked the Commission to seriously consider developing a park in this plat. He then discussed a trail system with a central park location. The Park Commission discussed the trail system and open space and encouraged the City Council to look at that as part of the P.U.D. After some discussion, the Commission suggested a park be located in the southern portion of the plat with a trail system. The park should be no more than a one half acre parcel. Staff was directed to work with the developer to select the appropriate site. " \, / Sunshine Park Water Usaae Discussion MOTION by Kieffer, seconded by Anderson to request the City Council to order a feasibility report which will identify the costs for a well to ~ be installed at Sunshine Park. . , ." -'. ~ . .~. - -... ~ - . , .O.r. - '" _'~'~"""__Joo' __ Motion carried unanimously. ~..... 2:"-..: -:-~l:i;i:..'.~.~.;\~~~:-,;;~,,~J..-~~~ _' . "_. ___'_..._~ _........._.___. "'__'A ,_ Commissioner O'Toole questioned ,whether the fire stations are billedfor:.~T.:!:e~J<~:'~~~:<' city water. Mr. Haas will check into this item. Commissioner Blackstad noted that there are people golfing in the City Hall Park Complex while tournaments are going on and he didn't feel that this was very safe. Mr. Haas will mention this to the Sheriff's Department so they can tell people that golfing is not permissible. Commissioner O'Toole requested the numbers for the concession stand at.',:.-,: Sunshine Park. MOTION by Kieffer, seconded by Anderson to adjourn.' Motion carrieQ:....:..:rr,.:;:i?E:1'''.~H,,::.'.:' The meeting adjourned at 8:30 p.m. j Respectfully submitted, I d~ /1..d!L Victoria Volk Acting Recording Secretary ;., c: ) CI) <">" \ \. J ~ ...... C') . ~ . . . 1"- . . ~ 1" . I) . ~ I" I~ ,..-i! ,I, ". .''..~ . . ~ ~I ~ ' , "-"".~' ~l ---f---i I ~I I () 1 ' .~ i~ t-!l~-- .'!:!---~' t:I:l 0 , III yft ::~ :"r: - I. "' c > trj 1 ,p I!I Ul =- U'l I" "1j t-3 0 il nl I, I I J {I I .f ,I ::tl trj I JI t::l ~ rrJ linf mil I J J ;f nl If f r t::l _ . t-3 " ~,l. 0 t h _--I .... r i ! i u , "11 Hn ,I tr:l~ Z i UII r I I II & If If I' S 1 1 I J ~ n f -hi J! "tl ... () If 1= ~ I r i J I~ t:!j 0 ~ f ~ -- s= J I ...... s= . 2: 0 / \ ; I [ , ("") . / Z r~ U'l . , , f , , j ~ )( . )( ~ x I , / r('. " I Regular Andover City Council .' _Minutes - August 6, 1996 :, ,..,':.;~'''' Page', '3 ",,',,",:>. , Meeting . .,-",. '~",,:~.\.-..--;., -~<,:;t " " ""'~:':b~~~i~ 4:;;~~:,;\~!'_~':~~~::'~~~':;~:'~~-~~S (;f:"/. ~jf;:~:_~t~~:~~,~-; ( / (Anoka County Sheriff Monthly Report, Continued) vicinity to resolve a dirt bike problem they were having. Councilmember Dehn praised the Department for their quick response to a call they made. Mr. Fursman asked if the Sheriff's Department would be willing to work with the City and the Sno Dragons Snowmobile Club on establishing a program to resolve the snowmobile problems in the City. Mr. Christ stated they would be happy to do so. ANNUAL FIRE DEPARTMENT REPORT Fire Chief Dan Winkel summarized the 1995 Andover Fire Department report, dedicating it to the fire fighters and their families. He highlighted the mission statement, organizational chart, responses, calls in 1995, year-to-year comparison of calls, calls by day and by station, estimated cost per capita, duties performed by the Fire Marshal, fire protection activities, 1996 and 1997 goals and objectives for fire protection, training, and a 20-year apparatus replacement plan. The number of calls in 1995 increased by about 11 percent from 1994, and he expects that to increase by another 11 to 12 percent in 1996. (" J SKETCH PLAN/CHESTERON COMMONS Jerry Windschitl, Ashford Development Corporation, Inc., presented the sketch plan to the Council. He noted several corrections to be made to the Planning and Zoning Commission Minutes of July 23: Page 7, sixth line, that the Comprehensive Plan makes no reference to a senior housing or potential golf course for this area. Page a, second paragraph, 5th line, ".. .proposing no alteration to the DNR wetland." (add DNR). He explained the sketch plan is designed with no known variances with th" possible exception of one cul-de-sac which is borderline in length. They spent considerable time with the street and traffic flow because of the commercial area to the south and the two county roads on either side to avoid the cut-through traffic problems being encountered in Woodland Terrace. The exists onto Hanson Boulevard exactly match those of the Oak View Middle School to the west. The Park and Recreation Commission has requested a one-half acre park in the southern area that is wooded or partially wooded and to be able to get a trail between the two streets. He felt that request is workable. There was also some discussion by the Park Board for trails. He noted they are not asking for a 20-percent increase in density. Many of the single family lots are over Andover's minimum requirements. The townhome area is being designed and will be marketed for the empty nesters. They are not intending to market it as senior housing. At the present time.' he did not th~nk it would qualify for lower-income affordable housing. They are "showing five acres of commercial land. Their main t~rust is to create Ja place in ~~dover for office buildings. They do not ~ntend to compete with the large commercial area to the south. (Sketch Plan/Chesterton Commons, Continued) Mr. Windschitl noted the MSA designation through this a~ea; but after looking at the traffic flow and the design, they feel there is no need for an MSA road through the project. They are trying to force traffic to Crosstown and Hanson Boulevards, not through the residential area. Staff as suggested there be no ponding along Hanson Boulevard. He felt it is almost impossible not to pond along Hanson. If aesthetics is a problem, he would look at presenting a landscaping plan to make them' more attractive. The county has said there is enough existing easement to expand Hanson Boulevard to four lanes without disrupting any of the ponding or homes. He also noted he is in the process of purchasing several of the parcels to the north with the intent of combining at least the little remnant parcel to this plat in some fashion. Councilmember Knight stated commercial areas across from a middle school can be attractive to students, which could create a bad situation given the traffic on Hanson Boulevard. He asked if water would be added to the DNR wetland. Mr. Windschitl stated they would comply with the very strict requirements of the LGU because of the potential downstream ,. affect on farms. The size of the ponds in the project will be very large. Also, he did not want to create a problem for the school and students in the commercial area. \ Councilmember Dehn felt the trails are necessary, should connect to a (, /trail system within the community itself and should be installed prior to the lots being sold so the residents know where they are before ", moving in. Mayor McKelvey was told by the school district that they would bus everyone and not have students walk to the middle school " . because they do not want them crossing Hanson Boulevard. Councilmember Dehn also had a concern with an increase in the water table,'notwanting~~:~~:' to increase the f low down stream. People should also be 'made- 'a:ware:;of:'O:'o-~:'-r - possible standing water before they buy lots. There are many large';: trees in the area, and she wanted them preserved if possible~-' She liked:-..~-,'~. the idea of landscaping around the ponds and developing open spaces. Mr., Windschi tl stated they have divorced the ponding area from the lower areas so there isn't a mix between them. He also noted the Staff ha~ asked that the lot lines be extended to the wetlands to avoid an outlot. The LUG does not want them to do that under the theory that if people own the wetlands, they will go into them. He stated once the City's easements are satisfied, he would look at ways to satisfy the City's' concern with liability of an outlot by asking the DNR to take possession of the wetlands or possibly donate them to a conservancy. They are organizations that accept wetlands so the City does not have to own the outlot or accept the liability for it. The Council' asked that-.--he'~':"":;: research that option further. Discussion was on the potential subdivision of adjacent properties. Councilmember Dehn was concerned with the long road to the east on the ~northern portion of the p~oject, as it does not seem to go anywhe~e. )M~. Windschitl stated he has a purchase agreement on parcels ~o the north, but they are not in the MUSA. No entrances are p~oposed to the southern commercial area to avoid through traffic in t~e resident~al area. Regular Andover City Council Meeting Minutes - August 6, 1996 , .' ,,' ~ . ' . . ~,'''~. '.....,'"'v""'c~ ''''1'''',''';'''' '.<~~ -- ,. " ' ~-.~~.,.' -.. ~~.l(4 Page"'5~,4 ...~. .- .._, ' -- ..~ . ~-..- ........ _ f 0'0.1 ....c~r-...,7...~~~~I..~<~ '~';~:T:T ~~~~"~l.~~.....:lI.' .....,+''''-1.1''~'rl .-w.:."".ld't"i <~: I~ ~.~ -~ . \ (, ) {Sketch Plan/Chesterton Commons, Continued} Mr. Carlberg then reviewed the Staff report on the proposed sketch plan of 301 single family lots, 22 twin homes and one commercial area. A discussion of the task force for the City's Comprehensive Plan was the potential golf course with, senior housing in this area; however, that was removed from the final draft of the plan. The Comprehensive Plan does call for a portion of the area as open spaces and a portion as multiple housing. An EAW will have to be done for the project. The Review Committee is recommending a secondary access to the townhome area; however, the Planning Commission did not feel one was warranted. The Review Committee also recommended the outlot be eliminated, that a trails system be discussed, and that the developer show potential development of adjacent properties. Mr. Erickson explained two options to providing sanitary sewer and water to the project. One would be to run lines from their current location directly to the edge of the proposed plat, which would require obtaining easement from one or two property owners. The other option would be to extend the trunk lines northward along Crosstown Boulevard and enter the project at the street connecting the plat. Several private residents adjacent to the extension would be affected and easements would have to be purchased. After discussing the options, the Council asked that 'the 'developer and Staff attempt to negotiate the necessary easements to run (\. / the trunk lines the shortest distance to the plat. It was the Council's feeling that the trunk lines could be run along Crosstown Boulev~rd in the future, possibly in conjunction with an upgrading of that county road, since there is no immediate need to extend the lines now. They also noted the policy of not leap frogging, though this would only be a short distance to extend the utility lines to service the plat, nor did they want to force assessments onto the larger developed lots. Mr. Erickson explained the plan for the trunk would be to cross the plat and come out to Hanson Boulevard, with the plat being serviced with laterals. He asked if the Council wished to size the trunk for possible extension north to service up to 161st Avenue even though that northern area is not included in any future urban service area. Or is it the intent only to develop the area designated as urban and the remaining area as rural? That decision will affect the size of the pipe. Mr. Windschitl estimated there is 15.5 acres between his plat and 161s~ Avenue along Hanson Boulevard. After some discussion, the Council agreed if that area can be serviced in the future, the trunk should be enlarged at this time to be able to service it. Mr. Erickson ~ta~ed. they will look at that when designing the sewer system.' He thought the' service for 161st was about the extent of the gravity system. Either the line would stop there or consideration would have to be giveli to a lift station if the desire would be to extend urban development beyond that point. \ \ '. .Several Councilmembers indicated a desire to see a second access ~o the townhome area for fire and safety purposes. They also wanted to be sure the road shown as potential development lying to the east of the northern portion of the project is able to connect on both ends for , ~~' Regular Andover Ci ty CounciIMeeting~'''''''' 'ii.';;' !'!~~,l!t~s. - A~gu~t 6,).99.,6.., c:'''''' :.,' ,"":,~'.,: ~ ' "'page~. . , : . ' '. .';_:<' . ( : ; . . (Sketch Plan/Chesterton Commons, Continued) traffic flow. There was agreement that an MSA road through this project would not be desirable and would only encourage traffic and create problems through a densely developed area. They agreed that the ponds that are created should be enhanced aesthetically. The Council also agreed that there should be a trail system within the plat. Councilmember Knight indicted this plat accentuates the need to establish a park and ride facility down Hanson Boulevard. Mr. Carlberg' stated that is being considered as a buffer with the landfill area, and Staff will be contacting the bus transit company about that issue. There were no further comments. SKETCH PLAN/ROUND LAKE SITE Mr. Erickson reviewed the sketch plan for the proposed development of five urban residential lots. The sewer and water trunk lines, which are two or three lots south of the area, would be extended to the plat. The trunks are relatively shallow, so this would be about the end of those lines. The Planning Commission has concurred with the Staff report. Mr. Carlberg stated the one lot on Round Lake Boulevard is tax forfeit, and the other has a house that faces 144th Avenue. He did not believe any house would be assessed with the extension of the utilities. 'The 'Council generally concurred with the Staff report on the proposed plat. (\ I \ PUBLIC WORKS BUILDING Craig Kronholm, Adolfson and Peterson, reviewed their proposal to provide professional construction management services for the proposed.'" Public Works Building. Their pre-construction fee would be $34,052 to "- add an additional 30,000 square feet to the existing building and would take care of everything up to the first shovel in the ground. Phase 2' is services during construction and post construction for $58,698. They would handle this construction the same as what is being done with the City Hall project, getting direction from the Council and Staff, reporting back and proceeding to the next step. If the project should be scaled back, the fees would be adjusted accordingly. They are estimating about $2 million for the addition, but that could change depending on the type of equipment desired in the building. The Council was concerned with where the funding will come from for the building. Mr. Fursman stated he presented a report a short time ag~ with possible funding sources, noting the $35,000 for the first"phasEf is~-"'.~-" available. The Council must set priorities for those funds, decide the specific sources for this project, plus determine how to fund the building itself. There are several options for funding that will not involve a referendum or raising the tax levy. He can have a more ,detailed report for the Council by the next regular meeting. " / The Council agreed to meeting but noted the facility available hear the report on financing at the next regular need to proceed immediately in order to have the to house equipment in late 1997. Mr. Fursman '~.~,.~' I ", f "CITY of ANDOVER ,,_, ",,_, \ .L ..) .~ 1685 CROSSTOWN BOULEVARO N.W.. ANCOVeR. MiNNESOTA SS304. (6121 755-S100 '-.;;;.-/ ) " POLICY February 1988 Building Pad Construction details for R-3 & R-4 1. All organic material shall be removed between the side lot lines and removed to at least 100 feet from the front property line. 2. Fill used shall be of clean, buildable material such as, sand and shall be placed and compacted to acceptable engineering standards. All fill placed shall conform to attached X-Section. 3. All areas of excavation shall be inspected by a soils engineer prior to filling. , j 30=-" - J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ; DATE: March 18 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT A,>(( l.J>cott ~rick~on, y 1'" Engmeenng ITEM NO. Accept Petition/Order Feasibility ReporU 97 -8/Chesterton Commons 5. The City Council has been requested by Ashford Development Corp, 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 97-8. in the Chesterton Commons area, The approval of this item should only be made upon preliminary plat approval of this proposed development. , " The developer had previously indicated he would prefer that a firm other than TKDA be used by the City for this project. Staff would need direction by the City Council if an engineering firm other than TKDA is to be utilized. TKDA is identified on the resolution to provide the City with the feasibility report for this project. '. / , J 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, 97-8. IN THE CHESTERTON COMMONS AREA. WHEREAS. the City Council has received a petition, dated December 31. 1996 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 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 Council member and adopted by the City Council at a regular meeting this 18th day of March . 19 97, 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 j Victoria Volk - City Clerk _.) /~- ( -"'~~.;~-I-P,T.:,^-;;;j A!i4fnr~ 1lIrurlnpmrttt mnrpnratinnf lInr. 3640 - 152nd Lane N.W. . Andover, MN 55304 · 612-427-9217 December 31/ 1996 RECEIVED JAN 1 7 1997 CITY OF ANDOVER Mr, Scott Erickson city Engineer City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 RE: Proposed Chesterton Commons Subdivision Dear Mr. Erickso~, J Ashf'Jrd Development Corporation / Inc, does heH!cy peti tion for improvements by the construction of water maL" 3an:. tary se.1er / storm sewer and streets with ccncrete curb and guttar '",i th the costs of the improvement to be assessed against the benefiting property which is descr:.bed as: Chesterton Commons 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 the Sl, 000.00 for the feasibility report expenses, (THE $1/000.00 WILL BE CREDITED TOWARD 15% Il1PROVEMENT ESCROW). Sincerely, 9-Yw~ Jerry Windschitl, President Ashford Development Corporation, Inc. I,q& I ~,) ~DP .' \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACfION March 18, 1997 DATE AGENDA SECnON Nl Discussion Item ORIGINATING DEPARTMENT Planning ~ APPROVED FOR AGENDA ITEM Nl ~ Special Use Permit - PUD Section 12, Township 32, Range 25 Timber River Estates - Woodland Dev. David L. Carlberg Community Dev. Dir. BY: The City Council is asked to review and approve the Special Use Permit request of Woodland Development Corporation to develop a Planned Unit Development (79 single family homes under "density zoning" provisions) on the property legally described on the attached resolution. Background " ) For background information on the request, please consult the staff report and the minutes from the February 25, 1997, Planning and Zoning Commission meeting. Planning & Zoning Commission Recommendation The Planning and Zoning Commission reviewed the Special Use Permit request for a Planned Unit Development on February 25, 1997 and recommends to the City Council approval with the conditions as listed on the attached resolution. , .J MOTION BY: SECOND BY: , J CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R -97 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT CORPORATION FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP SINGLE F AMIL Y RURAL RESIDENTIAL LOTS/HOMES TO BE KNOWN AS THE SUBDIVISION "TIMBER RIVER ESTATES" ON THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Woodland Development Corporation has requested a Special Use Permit for a Planned Unit Development to develop single family rural residential lots/homes to be known as the subdivision of "Timber River Estates" 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 reviewed 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 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 base line density has been established at 79 lots which includes the 20 percent density increase in meeting the four criteria for density increases; 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 Woodland Development Corporation to develop a Planned Unit Development on said property with the following conditions: , J Page Two Resolution Special Use Permit - Planned Unit Development Timber River Estates - Woodland Development Corp. 1. 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 preliminary plat of Timber River Estates, Adopted by the City Council of the City of Andover on this 18th day of _ March 1997. \ / CITY OF ANDOVER ATTEST J.E, McKelvey, Mayor Victoria V olk, City Clerk ) '- / EXHIBIT A The South 5 rods of the North Half of the Northeast Quarter, Section 12, Township 32, Range 25, Anoka County, Minnesota; excepting therefrom Parcel 15 as shown on the Anoka County Highway Right-of-way Plat No.4. and The South Half of the Northeast Quarter, Section 12, Township 32, Range 24, Anoka County, Minnesota; excepting therefrom Parcel 14 as shown on the Anoka County Highway Right-of-way Plat No.4, and Government Lots 7 and 8, Section 12, Township 32, Range 24, Anoka County, Minnesota. j ( l. / CITY of ANDOVER ANNING AND ZONING COMMISSION MEETING - FEBRUARY 25, 1997 MINUTES The Regular Meeting of the Andover Planning and Zoning Commission was called to order by Chairman Randy Peek at 7:00 pm, Tuesday, February 25, 1997 at the Oak View Middle School, 15400 Hanson Boulevard NW, Andover, MN. Commissioners Present Apel, Barry, Leudtke, Squires, Wells, Gamache (arrived at 7:10 pm) Also Present: David Carlberg, Community Development Director; Jeff Johnson, Zoning Administrator; John Hinzman, City Planner; Todd Haas, Assistant City Engineer; Others \ / Approval of Minutes February 11, 1997 - Mr. Carlberg asked that on page 4, the second paragraph, it should read"..last week" rather than last year. Motion by Leudtke, seconded by Barry to approve the minutes of February 11, 1997 as corrected. Motion carried unanimously. Public Hearinl?:-Special Use Permit - Planned Unit Development _ Timber River Estates Mr. Carlberg explained that the property to be developed is located in Section 25, Township 32, Range 25, A Planned Unit Development allows residential subdivisions submitted under density zoning provisions, multi-use structures such as apartment buildings with retail at ground floor level, commercial and industrial developments, mixed residential and commercial developments and similar projects. Density zoning permits lower density standards under conditions whereby the number of dwelling units permitted is not greater than permitted by the application of the regular provisions of the zoning district. All land excluded from the lot area requirements would be added onto public or semi-public open space. Single family homes may be excluded from lot area and setback requirements provided a Special Use Permit is issued. The City Council / \ Regular Planning & Zoning Commission Meeting . / February 15, 1997 - Minutes Page 2 may require all land excluded from the lot area to remain in private ownership. Mr. Carlberg noted that the purpose of the Planned Unit Development, governed under Ordinance 112, is 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 proposed plat consists of 183 acres with 79 single family rural residential lots. Lot sizes range from 1 acre to 8.85 acres with an average lot size of 3.55 acres. The riparian lots on the Rum River are a minimum of 4 acres in size as required by Ordinance 52, the Scenic River Ordinance. He noted that the proposed PUD provides for a density increase of 20% above the zoning district requirement. Mr. Carlberg stated that one of the issues is the connection of Argon Street to the south. During the sketch plan the connection was removed as part of the public process. There was a petition submitted which indicated that the neighbors to the south do not want to see that connection. The Fire Department had requested that the connection be made for safety reasons. , / Commissioner Wells stated that it was her understanding that a variance would be required for acreage. Mr. Carlberg explained that variances are being requested for lot area and lot width requirements. BYron Westlund. Woodland Development Corporation stated that this was submitted as a sketch plan almost a year ago and Council reviewed it in May 1996. During that time Ordinance 102 was amended and approved. Woodland Development has done its best to follow that ordinance. He noted that it's their intent that the outlots will be fully developed, preserving the natural amenities of the land. He stated that the number of lots has changed from 85 lots on the sketch plan to the 79 lots on the preliminary plat. In exchange for density it is their plan to improve the park area in the southern part of the plat with a soccer field or baseball field, a fishing pier, walking trails and picnic shelters. Outlot B is a wetland that will be an unimproved park area with observation blinds. Outlot A is detention ponding with walking trails and benches around it. The plat will have restrictions and covenants such as architectural standards and a minimum square footage for the homes. There will be brick entry signs on each side of the street entering the plat. , J , Regular Planning & Zoning Commission Meeting February 25, 1997 - Minutes Page 3 ,/ MOTION by Wells, seconded by Barry to open the public hearing. Motion carried unanimously. BilI Gow. 16515 Ar~on Street NW stated that the sign in the field said there were over 100 lots in the plat. Mr Westlund noted that there is no indication of the number of lots on the sign. It only says that it's the site of a future development. Barbara Gow. 16515 Argon Street NW presented several letters from neighbors expressing opposition to the extension of Argon Street. Bob Stratton, 16566 Ar~on Street NW asked if Argon Street is still an issue. Commissioner Apel noted that it is not shown on the plat at this time. Ed Wilson, 16831 Ar~on Street NW asked what is happening to the water as they don't want a problem like they had in the past. He also asked for more information on the proposed park. \ '- ./ Chairman Peek explained that the water management will be addressed during the preliminary plat discussion. Ernie Pfannschmidt.1710 - 3rd Avenue South. Anoka stated that this property has been in his family for three generations and when the plat is finished he plans to move there. He can't understand why the process takes so long. He felt that the wetland adds to the quality of the property. He also stated that the area to the south had water problems because when the street was constructed no culverts were installed. Garv Ladyka. 16360 Zuni Street NW asked if it was the Fire Deparhnent's idea to extend Argon Street and what benefit it is to them. He said that with 80 houses going in there, there will be 80 - 120 additional cars going down the street. Bob Stratton felt that County Road 7 would be a much safer route for the Fire Deparhnent to take. Irwin Russell, 16850 Ar~on Street NW suggested that one of the streets could be a straight road out of the plat rather then extending Argon Street. He noted that it is easier to plow a straight road and easier for an emergency vehicle to get in and out. ) 'I Regular Planning and Zoning Commission Meeting February 25,1997 - Minutes Page 4 Ernie Pfannschmidt stated that straight roads are not possible when the topography is what it is; you have to skirt the wetland. Mr. Carlberg reminded the Commission that discussion on Argon Street would be discussed during the next item and they should be discussing the variances to the zoning ordinance. Tim Sturgeon, 16555 Yakima Street NW noted that his concern is that Argon created a dam setup and they ended up with four to six inches of water. He wanted the developer to make sure that they are getting good planning for drainage. , / Bvron Westlund stated that regarding the park issue, there will be a neighborhood community park in the southwest part of the plat. There are trails to different areas within the subdivision. Within the park area there will be a tot lot, picnic tables and barbecues, and a canoe resting area. Most of the storm water will be directed to the ponding area where it will be retained. Frank Skubitz. 16648 Maniteau Boulevard - didn't feel a park was necessary in this area as there is an Anoka County park about a half mile away. Byron Westlund explained that the Comprehensive Plan indicates some type of neighborhood park in this area. Carol Dixon, 16434 Zuni Street NW asked who is responsible for the upkeep of the outlots and if this plat will be developed in phases, Mr. Westlund stated that the outlots will be dedicated to the city and the plat will be done at one time, not in phases. Irwin Russell noted that he farms the area south of the proposed plat and wanted to know if there would be fencing to prevent vehicles from driving through. Mr. Westlund stated that he is not proposing fencing. Tohn Wegner, 17125 Roanoke Street NW asked if the property could be platted into 2-1/2 acre lots. Mr, Carlberg noted that the area is zoned for 2-1/2 acre lots at this time. " , I Regular Planning and Zoning Commission Meeting / February 25, 1997 - Minutes Page 5 Mr. Wegner felt that because they are not platting 2-1/2 acre lots, the benefits have to be enough to offset the additional people coming in there. John Wegner expressed concern about the covenants and restrictions, asking what the minimum dollar value of the homes will be. Mr. Westlund explained that a dollar value can be very arbitrary because of fireplaces, etc. They try to control that by the square footage requirements. He estimated that the homes would range in cost from $170,000 to $400,000. He noted that they have a good working relationship with the building inspectors and if they don't see our signature on the building plans they will not issue a permit. Jim LaRock, 16558 Zuni Street NW asked what the plan is for the sewer and water on the smaller lots. Mr. Carlberg explained that this is a rural development and they will have private septic systems and wells. There will be enough room on each lot for 2 5,200 square foot septic systems (one primary and ~ / one secondary). Mr. Westlund noted that in the easterly portion of the property there are Zimmerman sands and closer to the river you have clay and junkier soils. They tried to cluster the homes where the Zimmerman sand is: MOTION by Wells, seconded by Leudtke to close the public hearing. Motion carried unanimously. Commissioner Squires questioned the number of lots proposed as he felt that the 4 acre riparian lots should be taken into consideration when figuring the 20% density. Mr. Westlund didn't think that the ordinance was written that way. He stated that it is frustrating to have this come up now, after working on it for almost a year. Discussion continued on the correct way to figure the density because of the riparian lots. Commissioner Peek noted that if you figure the 4 acre lots separately, 4 lots would be lost. " / " Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 6 . / Todd Haas explained the park dedication requirement noting that this is a 180 acre plat and the requirement as established by the ordinance would be 18 acres, which would be 10 percent. The developer is proposing to dedicate 6.8 acres and the balance will be cash in lieu of land. Commissioner Wells noted that there has been a significant attempt to not degrade the area by clear cutting the land. If it's a difference in losing 100 year old trees along the river versus adding more lots, she would not disagree with the increase in density. Commissioner Barry felt that if this property were developed into 2-1/2 acre lots, it would probably be laid out with straight roads and blocks. Mr. Westlund explained that they tried to incorporate a lot of the externalities into this plat such as wetland buffers. ( , / Chairman Peek felt that the developer has met the four criteria for approval. He did feel that the area should be recalculated because of the riparian lots needing to be 4 acres in size. Commissioner Leudtke agreed noting that since this is the first development under Ordinance 112 it needs to be done right. Commissioner Gamache felt that the plat shows the developer has worked very hard with the city. His position is that they have met the 4 criteria. MOTION by Apel, seconded by Wells that the Andover Planning and Zoning Commission forward to the City Council with the recommendation of approval the resolution granting the Special Use Permit of Woodland Development as presented by staff. Vote on Motion: Yes - Wells, Gamache, Apel, Barry; No - Squires, Peek, Leudkte. Motion carried on a 4 yes, 3 no vote. AMENDMENT TO MOTION by Apel, seconded by Wells that the following be added to the resolution: WHEREAS, the base line has been established at 79 lots which includes the 20 percent density increase in meeting the four criteria for density increases. Amendment carried, . \ / \ ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISS~ru~%7 DATE AG~~~ Special Use Permit - Planned Unit Dev. Timber River Estates Woodland Development ORIGIN.A.TING. DEPARTMENT l'lannmg David 1. Carlberg Community Development Directc " BY: APPROVED FOR AGENDA BY: Request The Planning and Zoning Commission is asked to review the Special Use Permit request of Woodland Development Corporation for a Planned Unit Development to develop a single family rural development to be known as "Timber River Estates". The property to be developed as the plat of Timber River Estates is located in Section 25, Township 32, Range 25 as shown on the attached location map and is legally described on the attached Exhibit A. Applicable Ordinances / Ordinance No.8, Section 3.02, defmes a Planned Unit Development (PUD) as having (2) or more principal uses or types of structures on a single lot or parcel of land and developed according to an approved plan. A PUD shall include townhouses, single and two family homes, apartment projects involving more than one building, residential subdivisions submitted under "density zoning" provisions, multi-use structures, such as an apartment building with retail at ground floor level, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. Ordinance No.8, Section 3.02, defines Density Zoning and states that it shall be interpreted to mean the permission of lower density (lot areas) standards under conditions whereby the number of dwelling units permitted is not greater than permitted by the application of the regular provisions of the Zoning District, but with all land excluded from the lot area requirements added onto public or semi- public open space. The City Council may increase the density under the application and provisions of Ordinance No. 112, An Ordinance Regulating Planned Unit Developments. \ / , Page Two Special Use Permit - Planned Unit Development Timber River Estates - Woodland Development Corp. Planning and Zoning Commission Meeting February 25, 1997 '. / Ordinance No.8, Section 4.18, Planned Unit Developments was amended on May 7, 1996 and states that Ordinance No. 112 shall regulate Planned Unit Developments. Ordinance No.8, Section 4.20, Density Zoning, states that single family homes may be excluded from lot area and setback requirements provided a Special Use Permit is issued under the terms and requirements of this ordinance and Ordinance No. 112. This Section also states that the Council may require all land excluded from the lot area to remain in private ownership. , ./ 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. Attached is a copy of Ordinance No. 112 for Commission review. Ordinance No.8, Section 5.03, regulates the Special Use Permit process, outlining conditions and procedures. 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. , Page Three , / Special Use Permit - Planned Unit Development Timber River Estates - Woodland Development Corp. Planning and Zoning Commission Meeting February 25, 1997 General Review The proposed Planned Unit Development of Timber River Estates encompasses 183 acres and consists of 79 single family rural residential lots. Lot sizes range from one acre (1 a.) to 8.85 acres with an average lot size 00.55 acres. Riparian lots on the Rum River are a minimum of four acres (4 a.) in size as required by Ordinance No. 52, Scenic River Ordinance. Please refer to the Preliminary Plat, Planned Unit Development for Timber River Estates in your packet for specific site design details. As stated earlier in this report, developing property under the Planned Unit Development provision allows substantial variances to certain Zoning Ordinance requirements. Please note that variances are being requested to the lot area, and lot width requirements. Variances would be needed as a condition to the approval of ) the Special Use Permit for a Planned Unit Development. There are also variances to Ordinance No. 10, the Platting and Subdividing Ordinance in regard to buildable area requirement of the 150' x 150' building pad and to the block length of 170th Lane and Avenue (exceeds 1,320 feet) which will be discussed with the review of the preliminary plat. The proposed PUD does provide for a density increase of20% above the zoning district requirement as provided in Ordinance No. 112, Section 4(8). Attached is a written narrative explaining the density increase. The developer of the project will be presenting the Planned Unit Development concept to the Planning and Zoning Commission including requested variances, site design concepts, density increases, and association regulations and restrictions, etc. Commission Options A. The Andover Planning and Zoning Commission may recommend to the City Council approval of the Special Use Permit requested by Woodland Development Corporation for a Planned Unit Development to develop single family rural residentiallotslhomes on the property legally described on the \ attached resolution. / Page Four , / Special Use Permit - Planned Unit Development Timber River Estates - Woodland Development Corporation Planning and Zoning Commission Meeting February 25, 1997 The Commission finds the request meets the criteria of Ordinance No.8, Section 4.18 and Ordinance No. 112, PUDs. The Commission also finds the request meets the criteria of Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestion or hazards; the use will not depreciate the surrounding property; and the use is in harmony with the Comprehensive Plan. , , B. The Andover Planning and Zoning Commission may recommend to the City Council denial of the Special Use Permit requested by Woodland Development Corporation for a Planned Unit Development to develop single family rural residentiallotslhomes on the property legally described on the attached resolution. The Planning and Zoning Commission fmds the proposal does not meet the requirements of Ordinance No. 112 and Ordinance No.8, Sections 4.18 and 5.03. In denying the request, the Commission shall state those reasons for doing so. C. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. / j CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R -97 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT CORPORATION FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP SINGLE F AMIL Y RURAL RESIDENTIAL LOTS/HOMES TO BE KNOWN AS THE SUBDIVISION "TIMBER RIVER ESTATES" ON THE PROPERTY LEGALLY DESCRIBED ON EXIDBIT A. WHEREAS, Woodland Development Corporation has requested a Special Use Permit for a Planned Unit Development to develop single family rural residentiallotsJhomes to be known as the subdivision of "Timber River Estates" 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 reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission fmds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and 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 fmds 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 Woodland Development Corporation to develop a Planned Unit Development on said property with the following conditions: 1. 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. , '\ Page Two Resolution Special Use Permit - Planned Unit Development Timber River Estates - Bunker, LLC, Inc. 2. That the Special Use Permit shall be subject to a sunset clause as defmed in Ordinance No.8, Section 5.03(0). 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 preliminary plat of Timber River Estates. Adopted by the City Council of the City of Andover on this _ day of .l.221. '. ) CITY OF ANDOVER AITEST J.E. McKelvey, Mayor Victoria V olk, City Clerk '\ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. · ANDOVER, MINNESOTA 55304 . (812) 755-5100 SPEC1AL USE PERMIT Property Address -Do X.)( K..o ~ () 1Z't- S r. A),\.,V Legal Description of property: (Fill in whichever is appropriate): Lot Block Addi tion PIN I ~ '3 ~ ~~ I Y V 00 l (If metes and bounds, attach the complete legal description. ) Is the property: Abstract V or Torrens ? (This information must be provide~ can be obtained fro. the County. ) ----------------------------------------------------------------- Reason for Request ~{, ')(.tI\-L.. D F' IT I';:. P if{ P/h2t{J nt-{ , / Section of Ordinance 4.\8 Current Zoning i~ I J f-I S~ &t ----------------------------------------------------------------- Signature Wmoi.-M0 0 Dtt U <(" L-D .p Ih.f tJ r MAl J <STe.~~ r Phone 4~1-10oo Date -.l L-l ~-q 7 Name of Applicant Address S53u l}J, Home Phone ------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone / Signature Date ----------------------------------------------------------------- SPECIAL USE PERMIT J PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and North arrow; dimension of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property . Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property Torrens property $200.00 $150.00 $100.00 $25.00 $40.00 Date Paid .;)/;11/0,1 Receipt # J Rev. 5-06-93:d'A 5-04-94:bh 2-01-95:bh 3-22-95:bh 9-30-96:bh 1-07-97:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. \ 3. The effect on values of property and scenic views in the surrounding area. J 4. The effect of the proposed use on the Comprehensive Plan. w .. -oJ -.-..-.-. -"--:--I-Q- .-~~-"~~~ '. / ZONING R-2 '. ,) ~I ~ N 4; 6 4 i.!.! ,n ~ a: "- {..;i \ J J WRlITEN NARRATIVE TIMBER RIVER ESTATES J PRELIMINARY PLAT WOODLAND DEVELOPMENT CORPORATION INTRODUCTION Woodland Development has received sketch plan approval for a proposed plan unit development (PUD) on a 182-acre parcel of land located in the northwest corner of the city of Andover. The sketch plan approval was received in May, 1996 in which we were working under the proposed plan unit development ordinance #112. From the time of our approval of sketch plan to our submittal of the proposed preliminary plat, Timber River Estates, this ordinance has been adopted by the city of Andover and every attempt was made to conform to this ordinance as it was adopted. , , J Following the review of the preliminary plat with the ARC committee, we were requested to submit a revised narrative as to the public benefit derived from this type of subdivision. We were also asked to explain in this written narrative, the proposed density and how we anticipate achieving this. ITEM #2 - COMPLIANCE WITH THE CITY OF ANDOVER'S ORDINANCE #112 - PLANNED UNIT DEVELOPMENT ORDINANCE Our preliminary plat of Timber River Estates follows the intention of the PUD ordinance #112. The purpose of this ordinance was to provide and permit flexibility of site design and architecture \, / for conservation of land and open space through various clustering of homes and activity. We will provide a higher standard of site and building design through the use of our in-house experience. Our goal is to preserve and enhance the desirable characteristics of this parcel of land. It is our intent to both create and protect this desirable environment which would not be possible under the Page Two J regular subdivison rules and regulations. Under the regular subdivision ordinance, the proposed preliminary plat is able to be developed into 2-112 acre homesites. However, this land offers some unique opportunities. We feel this is the type of parcel of land that should be developed as a planned unit development. Our proposed preliminary plat consists of lots varying from one acre to four acres in size. This plat will provide many amenities to both the residents within the subdivision and other residents of the city of Andover. Under the PUD ordinance, we were able to protect and enhance some of the natural amenities to this parcel of land. The natural amenities include the number of trees on this parcel of land, the wetlands and, of course, the river. We also have undertaken to improve and beautify different aspects of the normal subdivision requirements including the storm water retention. We have . J improved the ecstatics of the sedementation ponds and more. We placed great emphasis on wild life areas and parks. ITEM #2 - COMPLIANCE AND DENSITY REOUIREMENTS WITHIN THE PLANNED UNIT DEVELOPMENT ORDINANCE The preliminary plat of Timber River Estates meets the density requirements as permitted within Andover's planned unit development ordinance. Our total acreage for the parcel of land is 182.93 acres. As directed by the planned unit development ordinance, we are required to subtract out 15.57 acres for roadway purposes. When this is done, that leaves us with a net buildable acres . which is divided by 2.5 acres for the number of lots. This would equal to 66.95. We are then J permitted to increase our overall density by 5 % for four different categories. This means we can increase our total density by 20% if we meet certain criteria which we feel we have done. Page Three \ / Thus, the allowable number of lots is 80. Our plat submittal is for 79 lots. A. SIGNIFICANT UNDEVELOPED COMMON OPEN SPACE As part of the preliminary plat submittal, our wetlands have been delineated. The main wetland is a Minnesota ONR protected wetland known as DNR Wetland #325, shown as Outlot B. Our proposed preliminary plat would leave this wetland as common open space. Outlot B would be dedicated to the city so it can be utilized by the residents of the subdivision as well as the residents of the city of Andover. Our proposed plat includes walking trails to different areas of the wetland. These areas would provide nesting cover / and a wetland buffer strip to the wetland. Our proposal also includes the installation and construction of observation blinds similar to those in other communities. Subdivisions internal improvements would include walking trails, resting benches, shelters, all of which is intended to encourage the use and enjoyment of the beautiful natural wetland areas. We would also encourage the placement, as part of this development, of waterfowl nesting boxes. It has been strongly recommended to us that the walking trails generally have a natural surface or gravel type of surface not a hard surface. The idea is to provide a much more natural use of the wetland area and to provide easy accessibility to those same areas. We believe we have met the criteria for adding 5% additional density with this proposal. B. SIGNIFICANTLY IMPROVED COMMON SPACE AREAS , / Our proposed plat contains Outlot A. It is a water retention pond which will be ecstatically improved and in more than one instance provide multiple use for the residents. Page Fo.ur , / It is o.ur belief that a typical sto.rmwater retentio.n area pond is unsightly at best. Our pro.posal is to run as much sto.rm water as possible into o.ne majo.r ho.lding pond. This pond will also be dug to. a depth o.f fo.ur to six feet into. the water table. This pro.posed area is to. the commo.n space. It wo.uld then be graded, have safe slo.pes, seeded, landscaped with trees and shrubs. It wo.uld be included as part o.f the walking trail system and wo.uld have sitting/resting benches. Surfacing o.f the trails wo.uld be that o.f Class V. The pond wo.uld ho.ld water thro.ugho.ut the year and wo.uld serve as a very attractive minipark around the ho.mesites. Further, because this is a country style o.f life, it is appro.priate to. say that this type o.f impro.vement wo.uld be a boon to. the small birds and animals. It is o.ur pro.posal to dedicate this to the city o.f Ando.ver. We feel it can be used by all residents within the city. J CITY PARK This may be co.nsidered a part o.f the impro.ved cornman/space area, but this particular locatio.n within the plat wo.uld be primarily intended far family and neighbo.rhood type o.f recreatio.nal use. We are referring to. this park as being "turn key" with all casts o.f the impro.vement barn by the develo.per after receiving the city approval per specific amenities. The fo.llo.wing is what is included in o.ur PUD. , I The designated park area is 6.87 acres in size. The park area has 435 feet o.f frontage an the easterly bank o.f the Rum River. We are including in o.ur preliminary plat the fo.llo.wing items to. be built and are o.pen to. ather reco.mmendatio.ns by the city staff, park co.mmissio.n o.r the co.uncil. Page Five " J As part of the park system, we would construct a bituminous surface parking lot for 23 cars. Tot area to include swings and slides. We will sub-cut the play area two feet and replace with washed sand. We would have an interconnecting trail system throughout the park area. For example, this trail would provide access by the user from the parking lot to the picnic area, ball field, the Rum River bank, etc. Surfacing would be that of Class V and bituminous to meet the ADA requirements. J We would install some form of fishing pier andlor canoe resting area. An application has been made for the permit and approvals are pending. We are suggesting two picnic facilities in the wooded area. This would include picnic shelters with cement slabs underneath the roofed area, brick frrepits and appropriate seating and picnic tables. The firepits could be used for family outings that require charcoal. The design of these facilities would be similar to the picnic area at Woodland Creek Golf Course. A full size softball field would be installed, including the lime covered infield, '\ , ,J properly drained and seeded outfields, backstop and players benches. We would also run fencing along the first and third base sides to the edge of the infield. Page Six \ / A soccer field will be included. The field would be graded, seeded and constructed to city specifications. We would include player benches and goals with nets. Finally, we are certainly willing to revise what is included in our preliminary plat and/or add other amenities depending on the cost. We believe these two significantly improved common areas would allow us to increase our density by 5 additional percent. -. ,I \ C. ARCHITECTURAL STYLE AND OVERALL APPEARANCE AND COMPATIBILITY OF INDMDUAL BUILDINGS TO OTHER SITE ELEMENTS OR TO THE SURROUNDING DEVELOPMENTS All lots will be subject to protective covenants and restrictions. These covenants will primarily control the size of home, a very limited control on the style of home, will be very restrictive relative to outside storage of personal property of any sort and will control placement, size and style of any freestanding buildings. It is reasonable to assume that the value of the homes within the plat will range from $150,000 to $400,000 plus on the river. The less expensive homes would begin in the easterly portion of the plat and the larger homes being required in the center and westerly portions of the plat. We also use lot , \ buyer agreements along with our protective covenants and restrictions. This agreement \. / would be executed and enforced with each and every home builder coming into this area. This lot buyer agreement covers minimum building/architectural standards. Conformance Page Seven \ , J would agree upon standards strictly enforced. These standards include the roof pitch, siding requirements, shingle requirements, mailbox and post construction, and front yard fencing review where necessary. Attached are examples of the protected covenants and restrictions we have used in other planned unit developments. This meets the requirement of an additional 5 % allowed toward density. D. DISTINCTIVENESS AND EXCELLENCE IN SETTING DESIGN AND LANDSCAPING The proposed plat would have entry signs for the developments which would be constructed where the interior road connects to Roanke Street. We would construct brick \ / pillars and brick signs identifying the plat as Timber River Estates. Our past signage included brick and slate engraved with wording. Around these, we have traditionally placed high quality landscaping and lighting as a way of identifying the subdivision. As mentioned earlier, we have also stated that we would be significantly landscaping Outlot A. This is an area of storm water retention and it would be significantly landscaped thus establishing the distinctiveness and excellence that would be required in the homes. This will allow us, again, to add the 5% to our overall density. CONCLUSION We are dealing with the preliminary plat at this time. We would like you to know that we are , ,I committed to these various specific requirements just as soon as we have approval from the city. We are asking for your approval so we are able to move forward with this project. Our intent is to develop this parcel in such a manner that it will truly be one of the most attractive developments Page Eight . J within the city and perhaps serve as a model for others. From our standpoint, we are risking lot size for long term benefit of common areas-both improved and unimproved. We concur with this idea. We are willing to spend substantial dollars on the development of the improved common area and park facilities. Our attempt in this narrative is to demonstrate the benefits and how we met the zoning requirements as described in the planned unit development ordinance. We are of the opinion that this development can be an example of how much can be gained by working together for the preservation of wetlands and other types of areas/green space. Thank you for your time and consideration. Sincerely, , ) Byron D. Westlund Vice President BDW:yop ) \ ) .' , :. :-:e:""t.:!~y agr::e or combi:1a:icn \%odiand Creek ',ljCCOUNO C~:::::< LuT 3UYE~ AGrtEEMENT :: :~e ~=i~:w~~~ ar:hi:e~:~r!; s~anda~ds !nc jf ~a~=~~a1s ~n :he heme to be ~u;1t en Lot and any Woodiand Creek additions. 3lcd c:ns~~~c::cn ~a:;rials r understand and agree ~hat : may furnish a sample of comoaraCle materials to be approved ~y \%odland Development Cor~. and that r agree to abide ~y the decision made by \%odland Development Cor~. whether or noe the comparable matarials may be used an said home and iot. guyer's/ 3uilder's :ni":ia1s , / 3UYERS/3UILJER Jescr;Jtion o~ ~ater.als 250~ Asonai: ~cof Shingles ~aCF:,~G: S:OrNG: Scree: Elevations: (i.e., (jaturai Siaing Stone 3ric:< Stucco (not s:~ccato ~oard) Steel (in comoinacion with above) ~Aluminum - .Z~ :~ic~ness (in comoination wi:~ above) ~ote: No hardboard; no vinyl O~her Exterior: ilatural Siaing Stone 3rici< Stucco (not stuccato board) Steel *Aluminum - .24 thickness ~earlside ~ieva:~ons other than st,eet ~ievat~ons may be hardboard bu: ~ust be ~", 5~ or 5" iap. (jote: No ',i nyl ~ar comparable quaii:: exterior materials specifically acor~vea in writ~ng by Seiler. ~A:L30XES: because mailboxes, posts and newsoaoer hoiders mus: meet the design specifications of \%odland Development Cor~., they shall be purcnasea f~~m Wooaiand Development AT COST. c~rne~ 10ts front and sides) Ar=hitec~~r~~ Standards 5canaa~-:! Z x i ::-=ns~~'Jc::cn. ~injmum ~~or Ji:c~ Jr 7/:2. ~o Jas:el c010rs. Acoroved ou~~u;la;nas ~us~ ~a~c~ nomes. (jo similar ex:erior l~c~i~sc~ura1 desian w;:~in 300'. ~o ;x~csed ;x:er~a, ~cunaa:~on. - ~!nascaoinc: 5cd f~~n~ and s~aes within 30 aa'js :f cls~. - - ~A:~T~~ANC~: ~1~ sitas ~us~ :e ~icked up cai:y :f debr~! curing cJns:ruc:ion. ~OODLAND JEVELJP~E~7 :ORPQRA7:0N 3y: / ~~ame !na ~::;e: Ja~.: Da:;: a:o:gz 'i1DC ,~oor'Jvai Ja :s ) PROTECTIVE COVENANTS AND RESTRICTIONS FOR WOODLAND CREEK FOURTH ADDITION WOODLAND DEVELOPMENT CORPORATION, fee owner, of all the lots wi thin WOODLAND CREEK FOURTH ADDITION, a duly platted subdivision of land in the County of Anoka, State of Minnesota, which plat is on file and of record in the office of the Registrar of Titles in and for said County, and desiring to establish the nature of the use and enjoyment of said lots in WOODLAND CREEK FOURTH ADDITION, does hereby declare all of the said lots therein subj ect to the following express Covenants and Restrictions as to the use and enjoyment thereof, all of which are to be construed as running with the title to said lots, and every part and parcel thereof, as follows, to-wit: A. RESIDENTIAL PROTECTIVE COVENANTS AND RESTRICTIONS '. 1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes, and no building shall be erected, altered, placed or permitted to remain on said parcel other than a single family dwelling not to exceed two stories in height, and having an attached garage for not less than two automobiles. , / 2. BUILDING DESIGN. No building, including main residence, garage, storage shed or other building, shall be erected, placed or altered on any lot until the final construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to compliance with applicable requirements of following paragraphs, and harmony of external design with existing structures. 3. DWELLING SIZE. The m~n~mum dimensions of dwellings erected in WOODLAND CREEK FOURTH ADDITION, exclusive of open porch or garage, are established as follows: ~/ One story -- The minimum ground floor area in square feet. Split-level -- The minimum area above grade in square feet. Bi-level -- The minimum area above grade in square feet. Modified Two Story -- The minimum area on ground floor in square feet (grade level) if square footage on second floor is less than square footage on ground floor. Two Story -- The minimum area on ground floor in square feet (grade level) providing equal square footage is provided on second floor. \ / WOODLAND CREEK FOURTH ADDITION Protective Covenants and Restrictions Page 2 3. DWELLING SIZE (continued) l' r /~ () ~ I " I I GRADE I . . I . . . 0 . . I l-___.J '- ---- ~ . . . I . ...__..u~ '-___4 I . , . . '-_._-L..~ '----.. ONE STORY SPLIT BI-LEVEL MODIFIED TWO LEVEL TWO STORY STORY 3A. MINIMUM DWELLING SIZE MINIMUM AREA IN SQUARE FEET AS DEFINED ABOVE " SPLIT MODIFIED TWO I LOTS BLOCK ONE STORY LEVEL BI-LEVEL TWO STORY STORY 1-5 1 1,400 1,400 1,400 1,100 1,000 1-2 2 1,600 1,600 1.,600 1.,200 1,100 1-4 3 1,800 1,800 1,800 1,400 1,200 1-10 4 1,600 1,600 1,600 1,200 1,100 1-2 5 1,600 1,600 1,600 1,200 1,100 1-5 6 1,400 1,400 1,400 1,100 1,000 4. EXTERIOR APPEARANCE AND EXTERIOR MATERIALS. It is the intent of these Covenants and Restrictions to ensure a high quality and cohesive housing development. Therefore all exterior designs and exterior materials must have prior written approval by the Architectural Control Committee. 5. BUILDING SETBACKS AND EASEMENTS. All buildings must conform to existing ordinances as to setback lines and easements. , , J 6. GRADING AND DRAINAGE. Final grades on each lot shall conform and adhere to the specifications and intent of the final grading plan on file for WOODLAND CREEK FOURTH ADDITION and of record with the City of Andover. WOODLAND CREEK FOURTH ADDITION \ Protective Covenants and Restrictions ) Page 3 7. ACTIVE SOLAR HEATING SYSTEMS OR UNITS. No building which incorporates or utilizes an active solar heating system unit or units for purposes of heating a structure or water or for any other purposes shall be erected, altered, placed, or permitted to remain 'on any lot unless the construction plans and specifications therefor and a plan showing the location of the structure and such system or units have been approved by the Architectural control Committee as to quality of workmanship and materials, and compatibility with the existing physical environment, other structures, and topography within the subdivision. 8. EARTH SHELTER OR EARTH-BERMED BUILDINGS. No building commonly described as "earth shelter" or incorporating earth- bermed construction techniques shall be erected, al tered, placed or permitted to remain on any lot within the subdivision. ) 9. FACTORY-BUILT OR PRE-ASSEMBLED DWELLINGS. No factory- built or pre-assembled dwellings shall be erected, placed, or permitted on any lot. 10. PROHIBITED ACTIVITIES. Campers, trailers, boats, snowmobiles or other recreational vehicles shall not be permitted to remain upon any lot for any period in excess of 15 days in anyone calendar year, unless such campers, trailers, boats, snowmobiles, or other recreational vehicles are stored within an enclosed structure or garage on the lot. 11. STORAGE OF FIREWOOD. No firewood shall be stacked on a lot except within three feet of the sides or rear of the main dwelling or within an enclosed structure. 12. TELEVISION SATELLITE DISHES. Television "satellite dishes" exceeding 36" in diameter will not be per:nitted on any lot in Woodland Creek Fourth Addition. B. AMENITIES \ 1. LANDSCAPING AND DRIVEWAYS. All front and side yards must have sod installed, all rear yards shall be seeded or sodded, and all lots must have driveways installed and hard-surfaced; all of the foregoing must be completed within 30 days of the date of substantial completion (i.e., approximately 90%) of construction of the main dwelling upon such lot. However, if such date of substantial completion occurs after October 15 of any year, then the installation of said sod, seed and driveways must be completed by May 15 of the next calendar year. The determination of the date of substantial completion shall be made solely by the Architectural Control Committee. WOODLAND CREEK FOURTH ADDITION ) Protective Covenants and Restrictions Page 4 2. FENCING AND DOG KENNELS. All fencing and dog kennels must have prior written approval by the Architectural Control Committee. A plan showing location and materials to be used shall be submitted to the committee for said approval. The Committee's approval or disapproval as required in these Covenants shall be in writing. In the event the Committee fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. C. OTHER / 1. ARCHITECTtJ'"RAL CONTROL COMMITTEE. There shall be an Architectural Control Committee consisting of Woodland Development Corporation, 830 West ,Main Street, Anoka, Minnesota 55303. Said committee shall have the authority to designate a successor, which designation shall become effective upon the date of recording in the office of the Anoka county Recorder an instrument .containing such designation. In .the event of the resignation of said committee, without its having designated a successor, or in the event of the resignation of said designated successor, the then record owners of a majority of the lots shall have the power through a duly recorded instrument to appoint a new committee. The Committee's approval or disapproval as required in these Covenants shall be in writing. In the event the Committee fails to approve or disapprove within 30 days after plans and specifications have been fully submitted to it, or in the event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 2. TEMPORARY STRUCTURES. No structure of a temporary character, including a trailer, mobile home, basement, tent, shack, garage, barn or other like outbuilding, shall be used on any lot herein at any time as a residence, either temporarily or permanently. 3. tJ~LICENSED VEHICLES. No unlicensed vehicle of any type shall be kept on any lot in the subdivision of WOOD~~D CREEK FOuKTH ADDITION. 4. NUISANCES. carried on upon which may be, or No noxious or offensive activities shall be any lot, nor shall anything be done thereon may become, an annoyance to the neighborhood. \ ) WOODLAND CREEK FOURTH ADDITION Protective Covenants and Restrictions Page 5 D. GENERAL PROVISIONS 1. TERM. The Protective Covenants and Restrictions are to run with the land and shall be binding on all parties and persons claiming under them for a period of ten (10) years from the date these Covenants and Restrictions are recorded, after which time said Covenants and Restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners, of the lots in said subdivision has been recorded, agreeing to change said Covenants and Restrictions in whole or in part, or to terminate the effect of these Covenants and Restrictions completely. 2. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any Covenant or Restriction either to restrain violation, or to recover damages for violation thereof. " 3. INVALIDATION. Invalidation of anyone of these Covenants and Restrictions by judgment or court order shall in no way or manner affect any of the other Covenants or Restrictions herein which shall remain in full force and effect. ,I IN WITNESS WHEREOF, ~he undersigned has hereunto set his hand on this 17m day of ~UI1e.. , 1994. STATE OF MINNESOTA) ) ss County of Anoka ) ~7D The foregoing instrument was acknowledged before of 1';,ne.. , 1994, by Lawrence B. Carlson, Woodland Development corporation, a Minnesota behalf of the corporation. me this ~ day the President of corporation, on ~~ /;~-Jfrd Notary Public J This instrument was drafted by: Woodland Development Corp. 830 West Main Street Anoka, Minnesota 55303 " OA..,,,< GROVE PRESERVE LC~ 3C""~ER .:\GREEMEN':' . : hereby cer~ify ~o ~he following architectural standards and construction ~acarials or combination of materials on the hcme to be built on Lot , Block , Oak Grove ?reserve. Buyer's! Builder's Initials / 3U"!ER (S) Descri~tion of Materials ~OOF~G: 190# or better ~ElUOR: Woed Stone Brick Stucco (not stuccato board) Steel .:\lumi.num ';:'nyl Har~oard - 4", 6" or a" lap. (Circle one) Other: Corner Lots Front and side street elevations ~ust be consistant. ~ote: ~o stuccato board. .:\rcnitectural Standards Standard 2 x 6 const.-uction. ~in~um roof pitCh of 5!~2. :io pastel colors. Approved outbuildings must ~atch homes. No exposed external foundation insulation. .:\1l homes are to install draintile. Building per.rit submittals shall include: ?ercolation Tests and Soil Borings. (Building official may need additional info~tion at City'S request.) 3UYER SHALL ~~AIY .:\ ML.'JDroM FOUR FeaT SEPARATION 3E'I""NEEN WATER -rABIZ .:\NO .:\NY BUILDING FOUNDAT!ON ~aintenance: .:\LL SITES :-roST' BE PIC!{ED DAI:':! OF JEBR::S Jcm=~G CO NSTRU'C!CN . woe .:\porov~l WCOD~ u~~OP~ CORPCRATICN By: Date Name and !'i::le Date: ~a-:e 3C'::": n ''= _;,c:crc.~ ':"~G~i':': ~ame of Company: \ 3y: -' 092295 jab. , ) 1188267 , ) PROTECTIVE COVENANTS AND RESTRICTIONS FOR OAK GROVE PRESERVE WOODLAND DEVELOPMENT CORPORATION, a Minnesota Corporation, fee owner, and vincent Bernard and Helen E. Georges Bernard, husband and wife, mortgagees of all lots within OAK GROVE PRESERVE, a duly platted subdivision of land in the County of Anoka, State of Minnesota, which plat is on file and of record in the office of the County Recorder in and for said County, and desiring to establish the nature of the use and enjoyment of all of the said lots in said platted sUbdivision and for the benefit of all of the lots therein, do each hereby declare all of the said lots therein subject to the following express Covenants and Restrictions as to the use and enjoyment thereof, all of which are to be construed as running with the title to said lots and every part and parcel thereof, as follows, to-wit: \ A. RESIDENTIAL PROTECTIVE COVENANTS AND RESTRICTIONS. I 1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes, and no building shall be erected, altered, placed or permitted to remain on said parcel other than a single family dwelling not to exceed two stories in height, and having an attached garage for not less than two automobiles, and such other structure as may be desirable for the use and enjoyment of said dwelling. No pole structure of any type or design is permitted in the subdivision of OAK GROVE PRESERVE . 2. FACTORY-BUILT OR PRE-ASSEMBLED DWELLING. No factory-built or pre-assembled dwelling shall be erected, placed or permitted on any lot. 3. LOT AREA AND WIDTH. Any lot on which a dwelling shall be erected, altered, placed or permitted shall have the same dimensions and area in square feet as said lot is now platted. This restriction shall terminate upon the date of the adoption and approval, by the governmental authority having jurisdiction over the property herein, of a project for which bids have been let for the installation of a central sanitary sewer system to service the property contained within the plat of OAK GROVE PRESERVE. , CAK GROVE PRESERVE Protective Covenants and Restrictions Page 2 4. DWELLING SIZE. The m~n~mum dimensions of dwellings erected / in OAK GROVE PRESERVE, exclusive of open porch or garage, shall be as follows: One-story -- Ground floor area shall not be less than 1,400 square feet. Split-level -- Area above grade shall not be less than 1,400 square feet~ . Bi-level -- Area above grade shall not be less than 1,400 square feet. Modified Two-story -- Area in square feet on ground floor shall not be less than 1,200 if square footage on second floor is less than square footage on ground floor. Two-story -- Area on ground floor shall not be less than 1,000 square feet providing equal square footage is provided on second floor. , / 5. BUILDINGS, SETBACK. No outbuilding shall be erected or placed on any lot within a distance of 25 feet of any side boundary line of any lot herein without prior written approval of the Architectural Control Committee. This restriction shall terminate upon the termination of the restriction contained within Paragraph A.3 above. 6. EXTERIOR APPEARANCE AND EXTERIOR MATERIALS. It is the intent of these Covenants and Restrictions to ensure a high quality and cohesive housing development. \ ) In order to preserve the uniform and high-standard appearance of the subdivision, each owner undertakes responsibility for maintenance and repair of the exterior of his living unit, private yard area and private driveway on the lot. OAK GROVE PRESERVE F~otective Covenants and Restrictions Page J \ / Such responsibility for maintaining the lot and improvements thereon shall include, but not be limited to the following: the maintenance and repair of exterior surfaces of all buildings on the lot, including without limitation, the painting of the same as often as necessary, the replacement of trim and caulking, the maintenance or repair of roofs, gutters, downspouts and overhangs, the maintenance and repair of exterior windows and doors, necessary painting, staining and repair of patio structures; in maintaining boulevards, private yard areas and private driveways an owner shall be required to mow, trim, water or otherwise care for grass, trees or other plants located on a lot and shall be required to remove snow from the private driveways, parking areas and walkways to the living unit. 7. ACTIVE SOLAR HEATING SYSTEMS OR UNITS. No building which incorporates or utilizes an active solar heating system unit or units for purposes of heating a structure or water or for any other purposes shall be erected, altered, placed, or permitted to remain on any lot unless the construction plans and specifications therefor and a plan showing the location of the structure and such system or units have been approved by the Architectural Control Committee as to quality of workmanship and materials, and compatibility with the existing physical environment and topography within the subdivision. / 8. EARTH SHELTER OR EARTH-BERMED BUILDINGS. No building commonly described as an "earth shelter" or incorporating earth-bermed construction techniques shall be erected, altered, placed or permitted to remain on any lot unless the construction plans and specifications therefor and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures located within the SUbdivision, and compatibility with the existing physical environment and topography within the subdivision. 9. BUILDING DESIGN. No building shall be erected, placed or altered on any lot until the final construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, compliance with applicable requirements of Paragraphs 4 through 7 above, and harmony of external design with existing structures. 10. LANDSCAPING AND DRIVEWAYS. All driveways must have asphalt or concrete surface. \ Sodding and/or seeding and installation of driveways shall be / completed within 90 days after the date of closing of home to be built on said lot. If closing occurs after October 15 during any year, the installation of said sod/seed and driveways must be completed by June 15 of the next calendar year. \ ) ) / OAK GROVE PRESERVE Protective Covenants and Restrictions Page 4 11. ARCHITECTURAL CONTROL COMMITTEE. There shall be an Architectural Control Committee composed of Woodland Development Corporation, 830 West Main street, Anoka, Minnesota 55303. Said committee shall have the authority to designate a successor, which designation shall become effective upon the date of recording in the office of the Anoka County Recorder an instrument containing such designation. In the event of the resignation of said committee, without its having designated a successor, or in the event of the resignation of said designated successor, the then record owners of a majority of the lots shall have the power through a duly recorded instrument to appoint a new committee. The Committee's approval or disapproval as required in these Covenants shall be in writing. In the event the Committee fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 12. LIVESTOCK AND ANIMALS. No animals, except Domestic Pets as defined by the city of Oak Grove, County of Anoka, are permitted on any lot in the subdivision of OAK GROVE PRESERVE. 13. PROHIBITED ACTIVITIES. Campers, trailers, boats snowmobiles, or other recreational vehicles shall not be permitted to remain upon any lot for any period in excess of 15 days in anyone calendar year, unless such campers, trailers, boats, snowmobiles, or other recreational vehicles are stored in an enclosed structure or garage on the lot. 14. TEMPORARY STRUCTURES. No structure of a temporary character, including a trailer, mobile home, basement, tent, shack, garage, barn or other like outbuilding, shall be used on any lot herein at any time as a residence, either temporarily or permanently; provided, however, that a temporary structure for residential purposes to be utilized by lot owner(s) during the completion of the construction of a single family dwelling upon a lot herein may be permitted for a period not to exceed 90 days, upon the prior written approval of the Architectural Control Committee if the design or character of such structure and its location are acceptable to said committee. __ 15. UNLICENSED VEHICLES. No unlicensed vehicles of any type shall be kept on any lot in the subdivision of OAK GROVE PRESERVE. 16. NUISANCES. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become, an annoyance to the neighborhood. OAK GROVE PRESERVE P~otective Covenants and Restrictions Page 5 B. GENERAL PROVISIONS j 1. TERM. The Protective Covenants and Restrictions are to run with the land and shall be binding on all parties and persons claiming under them for a period of ten (10) years from the date these Covenants and Restrictions are recorded, after which time said Covenants and Restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots in said subdivision has been recorded, agreeing to change said Covenants and Restrictions in whole or in part, or to terminate the effect of these Covenants and Restrictions completely. 2. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any Covenant or Restriction either to restrain violation, or to recover damages for violation thereof. 3. INVALIDATION. Invalidation of anyone of these Covenants and Restrictions by judgment or court order shall in no way or manner affect any of the other Covenants or Restrictions herein which shall remain in full force and effect. ) IN WITNESS WHEREOF, the pa~ies hereto/,nave caused this instrument to be executed on this ,;J:J day of f./c..1ohv.. , 1995. WOODI.\N ELOPMENT (P~~ B. ~~ ' , Its President '~~#~+;J. 8/~ _.A <V Vincent Bernard '\ r ]J,g,_,L ~~ ~.JL Helen E. Georg Bernard STATE OF MINNESOTA) )ss COUNTY OF ANOKA ) e PAMELA S. WESTlUND rcrrMt -- It'" ..-..:rrA ." w >- EllPIIU I~- The foregoing instrument was acknowledged before me this ~3,d day of /f~~~ , 1995, by Lawrence B. Carlson, the President of WOOdland Development corporation, a Minnesota corporation, on behalf of the corporation. , L/hM~ Notary Public / OAK GROVE PRESERVE Protective Covenants and Restrictions Page 6 . ,.,--.. s. WESTUJtC) .. . W1fI#ft "'.11: "...den''' II't 1:0' 0" EllPIlU 141_ ., , STATE OF MINNESOTA) / )ss COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ~J~ day of t1r.iobtA , ~995, by Vincent Bernard and Helen E. Georges Bernard, husband and wife. ~U1L~~~ Notary P lic This instrument was drafted by: WOODLAND DEVELOPMENT CO. 830 West Main Street Anoka, Minnesota 55303 , / , / MAJESTIC OAKS '-"EST LOT BUY2R AGaEEME~T I hereby agree to the following architectural standards and construction materials or cn~lnatlon of materials on the home to be built on Lot Block . Majestic Oaks t. / I understand and agree that I may furnish.a sample of comparable materials to be approved by Woodland Development Corp. and that I agree to abide by the decision made by Woodland Development Corp. whether or not the comparable materials may be used on said home and lot. Buyer'sl Builder's Initials / , , J BUYER(S) Descriotion of ~ate~ials ROOFING: Lots 1-16, Block 3 -- Timberline or better All other lots 250' or better EXTERIOR: All lots may choose one of these (cir:le one): wood, Brick, Stone, Stucco if all sides are identical or A combination of the folloving (circle two): wood, Brick, Stone, Stucco, Steel. Lots I-1S, alack 3 -- Must choose from the above listing. All sidinq must be consistent, i.e., if Redwood siding is used on front, alone or in combination, it must be used on all sides of home. Note: No hardboard; no stuc:ato board; no vinyl; no aluminum. Cor~e~ Lets -- Front and side street elevations must be consistent. Note: No hardboard; no stuccato board; no vinyl; no aluminum. A.ll Ot~e~ Lots Rear/side elevations other than street elevations may be hardboard, but must be 4", 6" or 8" lap (circle one). Note: No stuccato board; no vinyl; no aluminum. MArL20~ES: Because mailboxes, posts and ne~paper holders must meet the design specifications of woodland Development Corp., they shall be purchased from Woodland Development AT COST. Architectural Standa~ds Standard 2 x 6 construction. Minimum roof pitch of 7/12. No roof stacks on front; use careful consideration on Lots 1-16, Block 3. No pastel colors. Approved outbuildings must match homes. No exposed external foundation insulation. Landscaping: All landscaping and irrigation system plans 'cust be approved by 700dland Architectural Control Committ2e. MArM~EMANCE: AL~ SITES MUST B~ ~rCKED UP DAILY OF DE3R!S DURING CONS~RUCTION. wOODLAND DEVELOPMENT CORPORATION By: iiDe A.ocroval Dat2 (Name and Title) Date: ~~iLDER'S ACKNO.~20GMENT: Name of Company: 8y: 110289 PROTECTIVE COVENANTS AND RESTRICTIONS 873032 FOR / MAJESTIC OAKS WEST WOODLAND DEVELOPMENT CORPORATION, a Minnesota Corporation, fee owner of all of the lots within MAJESTIC OAKS WEST, a duly platted subdivision of land in the County of Anoka, state of Minnesota, which plat is on file and of record in the offices of the Registrar of Titles and the County Recorder in and for said County, and desiring to establish the nature of the use and enjoyment of said lots in MAJESTIC OAKS WEST, do hereby declare all of the said lots therein, except Lot II, Block I, subject to the following express Covenants and Restrictions as to the use and enjoyment thereof, all of which are to be construed as running with the title to said lots, and every part and parcel thereof, as follows, to-wit: A. RESIDENTIAL PROTECTIVE COVENANTS AND RESTRICTIONS 1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes, and no building shall be erected, altered, placed or permitted to remain on said parcel other than a single family dwelling not to exceed two stories in height, and having an attached garage for not less than two automobiles. 2. BUILDING DESIGN. No building, including main residence, garage, storage shed or 'J other building; shall be erected, placed or altered on any lot until the final construction plans and specifications and a plan showing the'location of the structure have been approved by the Architectural Control Committee as to compliance with applicable requirements of following paragraphs, and harmony of external design with existing structures. 3. LOT AREA AND WIDTH. Any lot on which a dwelling shall be erected, altered, placed or permitted shall have the same dimensions and area in square feet as said lot is now platted. This restriction shall terminate upon the date of the adoption and approval, by the governmental authority having jurisdiction over the property herein, of a project for which bids have been let for the installation of a central sanitary sewer system to service the property contained within the plat of MAJESTIC OAKS WEST. 4. DWELLING SIZE. The minimum dimensions of dwellings erected in MAJESTIC OAKS WEST, exclusive of open porch or garage, are established as follows: '\ , ) One story -- The minimum ground floor area in square feet. Split-level -- The minimum area above grade in square feet. Bi-Ievel -- The minimum area above grade in square feet. Modified two story -- The minimum area on ground floor in square feet (grade level) if square footage on second floor is less than square footage on ground floor. Two story -- The minimum area on ground floor in square feet (grade level) providing equal square footage is provided on second floor. , I MAJESTIC OAKS WEST Protective Covenants and Restrictions Oage 2 ; / 4. DWELLING SIZE. (Continued) GRADE 1'1 /~ "- I () CI I . . . . '----...." I . . I 1-___...1 ~---~ , '-____.J . .' I " ~___...1_~ I . I '-___J ONE STORY SPLIT LEVEL B!-LEVEL MODIFIED 'NO STORY TriO STORY 4A. MINIMUM DWELLING SIZE AND SETBACK PROVISIONS MINIMUM AREA IN SQUARE FEET AS DEFINED ABOVE SPLIT/ MODIFIED LOTS BLOCK ONE STORY BI-LEVEL TWO STORY TWO STORY 1-10 1 1400 1400 1100 1000 12-17 1 1600 1600 1200 1100 / 1-4 2 1800 1800 1400 1200 5-7 2 1600 1600 1200 1100 1-16 3 1800 1800 1400 1200 1-6 4 1600 1600 1200 1100 1 5 1600 1600 1200' 1100 2-5 5 1400 1400 1100 1000 Minimum side yard setback shall be 25 feet on all lots except Lot 4, Block 3 and all of Block 5, and except from the common boundary lines between Lots 8 and 8A, Block Ii Lots 9 and 9A, Block 1; Lots 17 and l7A, Block 1; Lots 4 and 4A, Block 2; Lots 5 and SA, Block 2; Lots 7 and 7A, Block 3; and Lots 8 and SA, Block 3. Maximum dwelling setback from front lot line on Lots 12 through 16, Block 3, shall not exceed 50 feet. 5. EXTERIOR APPEARANCE AND EXTERIOR MATERIALS. It is the intent of these Covenants and Restrictions to ensure a high quality and cohesive housing development. Therefore all exterior designs and exterior materials must have prior written approval by the Architectural Control Committee. " , ) In order to preserve the uniform and high-standard appearance of the subdivision, each owner undertakes responsibility for maintenance and repair of the exterior of his living unit, private yard area and private driveway on the lot. Such responsibility for maintaining the lot and improvements thereon shall include, but not be limited to the following: the maintenance and repair of exterior surfaces of all buildings on the lot, including without limitation, the painting of the same as often as necessary, the replacement of trim and caulking, the maintenance or repair of roofs, gutters, downspouts and overhangs, the maintenance and repair of exterior windows and doors, necessary painting, staining and repair of patio structures; in maintaining boulevards, private yard areas and private driveways an owner shall be required to mow, trim, water or otherwise care for grass, trees or other plants located on a lot and shall be required to remove snow from the private driveways, parking areas and walkways to the living unit. MAJESTIC OAKS WEST Protective Covenants and Restrictions }ge 3 6. ACTIVE SOLAR HEATING SYSTEMS OR UNITS. No building which incorporates or utilizes an active solar heating system unit or units for purposes of heating a structure or water or for any other purposes shall be erected, altered, placed, or permitted to remain on any lot unless the construction plans and specifications therefor and a plan showing the location of the structure and such system or units have been approved by the Architectural Control Committee as to quality of workmanship and materials, and compatibility with the existing physical environment, other structures, and topography within the subdivision. 7. EARTH SHELTER OR EARTH-BERMED BUILDINGS. No building commonly described as Wearth shelter" or incorporating earth-bermed construction techniques shall be erected, altered, placed, or permitted to remain on any lot within the subdivision. 8. FACTORY-BUILT OR PRE-ASSEMBLED DWELLING. No factory-built or pre-assembled dwelling shall be erected, placed, or permitted on any lot. B. RESTRICTIONS APPLICABLE TO LOTS (See also Section C -- GOLF COURSE LOTS) 1. LANDSCAPING AND DRIVEWAYS. to the rear of the dwelling and feet on each side, then running Sod must be installed as follows: Beginning 25 feet extending parallel to said dwelling to a point 25 at right angles from those points to front lot line. All driveways must have asphalt or concrete surface. Sodding/seeding and installation of driveways shall be completed within 90 days after the date of closing of home to be built on said lot. If closing occurs after October 15 during any year, the installation of said sod/seed and driveways must be completed by June 1 of the next calendar year. 2. OUTBUILDINGS, FENCING AND DOG KENNELS. No outbuilding shall be erected or placed on any lot within a distance of 25 feet of any side boundary line of any lot herein. All fencing, outbuildings and dog kennels must have prior written approval by the Architectural Control Committee. A plan showing location and materials to be used shall be submitted to the Committee for said approval. 3. EXTERIOR LIGHTING. All forms of exterior lighting shall be subject to approval of the Architectural Control Committee. No light standard over eight feet in height is permitted on the front yard of any lot in Blocks I and 5. No light standard over eight feet in height is permitted on any lot in Blocks 2, 3 and 4. 4. EXTERIOR ORNAMENTS. Exterior ornaments including but not limited to precast concrete, plastic or wood figurines, wishing wells and windmills shall be prohibited unless approved by the Architectural Control Committee prior to installation or construction. This restriction shall not apply to special holiday exterior ornaments remaining on the lot for a period of less than 60 days. , 5. ANTENNAS. Except with the prior written approval and authorization of the ,) Architectural Control Committee, no exterior television or radio antenna of any sort shall be placed, allowed or maintained upon any portion of a lot or the improvements or structures located thereon. MAJESTIC OAKS WEST Protective Covenants and Restrictions 'Page 4 I 6. STORAGE. Outside storage of any items, including but without limiting the generality of the foregoing, sporting equipment, toys, outdoor cooking equipment, yard and garden tools and equipment and trash and garbage containers shall not be allowed unless effectively screened from view outside the lot. The design of any screening enclosures must be approved by the Architectural Control Committee. Household trash and garbage shall be regularly collected and may be kept outside only if in tightly covered containers. 7. PROHIBITED ACTIVITIES. Campers, trailers, boats, snowmobiles, or other recreational vehicles shall not be permitted to remain upon any lot for any period in excess of 15 days in anyone calendar year, unless such campers, trailers, boats, snowmobiles, or other recreational vehicles are stored within an enclosed structure or garage on the lot. 8. STORAGE OF FIREWOOD. No firewood shall be stacked on any lot except within ten feet of the sides or rear of the main dwelling or within an enclosed structure. C. GOLF COURSE LOTS. (Block 3) Certain lots are contiguous to the golf course which adjoins but is not part of the property. ~ 1. All purchasers of lots which abut or adjoin the golf on notice that such lots may be affected by acts and the maintenance and utilization of the golf cours~. not limited to the following: course are hereby placed occurrences incidental to These may include, but are a) the flight of golf balls over and upon such lots; b) the recovery of golf balls from such lots; c) intrusion of golfers onto such lots; d) the usual and common noise level created by the operation of maintenance equipment upon the golf course; e) the usual and common noise level created by the playing of a game of golf; and f) any and all activities associated with the operation of a golf club. 2. By accepting a conveyance of a lot abutting or adjoining the golf course, any owner for himself, his family and invitees, assumes the risk of injury or damage to their person or property resulting from any of the acts or occurrences itemized above. 3. By accepting a conveyance of a lot abutting or adjoining the golf course, any owner for himself, his family and invitees, agrees to release, indemnify and hold harmless Woodland Development Corporation, including Majestic Oaks Golf Course, and in connection with the foregoing, directors, officers, employees and agents, from any liability for the acts or occurrences itemized above. , ,J 4. Landscaping and Driveways -- Sod must be installed as follows: Beginning 25 feet to the rear of the dwelling and extending parallel to said dwelling to a point 25 feet on each side, then running at right angles from those points to front lot line. Remaining lot areas of Lots 7 through 16, Block 3, must be entirely sodded or seeded. MAJESTIC OAKS WEST Protective Covenants and Restrictions Page 5 , 5. Tree Removal -- No live trees within 50 feet of the rear lot lines of Lots 8 through 12, Block 3, may be removed for any reason. 6. Outbuildings and Dog Kennels -- No outbuilding or dog kennel shall be erected on any lot in Block 3 without prior written approval of the Architectural Control Committee. 7. Storage of Firewood -- No firewood shall be stacked on any lot in Block 3. 8. Fences, Walls and Hedges -- Boundary walls, fences and hedges are inconsistent with the intended plan of development for the property. No wall or fence shall be constructed or hedge planted on any lot in Block 3 unless the height, type, design, and location have been approved in writing by the Architectural Control Committee. D. GOLF CART PATH EASEMENTS Easements for the purpose of providing pedestrian paths and golf cart paths for players utilizing the Majestic Oaks Golf Course are hereby reserved by Woodland Development Corporation and are more particularly described as follows: \ / 1. A perpetual easement for cart path purposes over and across the northwesterly 10.00 feet of Lot 8, Block 3, MAJESTIC OAKS WEST, Anoka County, Minnesota. The northwesterly line of said easement being the common line between said Lot 8 and Lot 9. 2. A perpetual easement for cart path purposes over and across the southeasterly 10.00 feet of Lot 9, Block 3, MAJESTIC OAKS WEST, Anoka County, Minnesota. The southeasterly line of said easement being the common line between said Lot 9 and Lot 8. 3. A perpetual easement for cart path purposes over and across the north 15.00 feet of Lot 16, Block 3, MAJESTIC OAKS WEST, Anoka County, Minnesota. E. OTHER 1. ARCHITECTURAL CONTROL COMMITTEE. There shall be an Architectural Control Committee consisting of Woodland Development Corporation, 830 West Main Street, Anoka, Minnesota 55303. Said Committee shall have the authority to designate a successor, which designation shall become effective upon the date of recording in the office of the Anoka County Recorder an instrument containing such designation. In the event of the resignation of said Committee, without its having designated a successor, the record owners of a majority of the lots for which these covenants are set forth shall have the power through a duly recorded instrument to appoint a new committee. All matters to be considered for Committee's approval must be submitted in , writing and the Committee's approval or disapproval as required in these Covenants ,/ shall be in writing. In the event the Committee fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, approval will not be required and the related Covenants shall be deemed to have been fully complied with. .... MAJESTIC OAKS WEST Protective Covenants and Restrictions ~age 6 ) 2. TEMPORARY STRUCTURES. No structure of a temporary character, including a trailer, mobile home, basement, tent, shack, garage, barn or other like outbuilding, shall be used on any lot herein at any time as a residence, either temporarily or permanently. 3. UNLICENSED VEHICLES. No unlicensed vehicle of any type shall be kept on any lot. 4. NUISANCES. No clothes lines shall be permitted unless concealed by hedges or screening acceptable to the Architectural Control Committee. No refuse pile or unsightly objects shall be allowed to be placed or to remain anywhere thereon. No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become, an annoyance to the neighborhood. F. GENERAL PROVISIONS , / 1. TERM. The Protective Covenants and Restrictions are to run with the land and shall be binding on all parties and persons claiming under them for a period of ten (10) years from the date these Covenants and Restrictions are recorded, after which time said Covenants and Restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the record owners of a majority of the lots for.which these covenants are set forth has been recorded, agreeing to change said Covenants and Restrictions in whole or in part, or to terminate the effect of these Covenants and Restrictions completely. 2. AMENDMENTS. These Protective Covenants and Restrictions may be altered, amended or changed at any time by Woodland Development Corporation and the record owners of a majority of the lots for which these covenants are set forth on the date of the amendment, alteration or change, and shall be demonstrated and evidenced by the due execution and placing of record in the county office where these Protective Covenants and Restrictions have been placed of record of an instrument containing the change, alteration or amendment and the signature of an officer of Woodland Development Corporation and a majority of said lot owners. No consent or joinder of or by the holder of any mortgage, lien or encumbrance on any lot shall be necessary or required to effect the change, alteration or amendment of these Protective Covenants and Restrictions; provided, however, no change, alteration or amendment will affect or impair the validity of priority of the interests of the holders of mortgages on any lot in the subdivision when the mortgage has been properly placed or recorded in the appropriate county office in the county where these declaration are recorded. The change, alteration, or amendment shall be effective on the date it is placed of record in the county office where these Protective Covenants and Restrictions have been recorded. 3. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any Covenant or Restriction either to restrain violation, or to recover damages for violation thereof. \ 4. INVALIDATION. Invalidation of anyone of these Covenants and Restrictions by J judgment or court order shall in no way or manner affect any of the other Covenants or Restrictions herein which shall remain in full force and effect. MAJESTIC OAKS WEST Protective Covenants and Restrictions Page 7 , IN WITNESS WHEREOF, the undersigned has hereunto set his hand on this 22nd day of November, 1989. STATE OF MINNESOTA) )ss' County of Anoka ) The foregoing instrument was acknowledged before me this 22nd day of November , 1989 by Lawrence B. carlson, President of Woodland Development corporation, a Minnesota Corporation, on behalf of the Corporation. \ .j /.::;;:''0::;;;;, SYLVIA M. BRITTON ~ .!)1...Yr.6 NOTARY PUBLIC - MINNESOTA \~~ ANOKA COUNTY ~ My Commission E>pl'es May 24. 1991 ~,,~~ ~u, U<I&}-;" / Notar ublic \ } This instrument was drafted by: WOODLAND DEVELOPHENT CO. 830 West Hain Street Anoka, Minnesota 55303 / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. ill AN ORDINANCE REGULATING PLANNED UNIT DEVELOPMENTS (PUDS) IN THE CITY OF ANDOVER. Section 1. Put:pose. This Ordinance is intended to provide for and permit flexibility of site design and architecture for the conservation ofland and open space through clustering cifbuildings and activities. This flexibility can be achieved by waiving or varying from the provisions of Ordinance No.8, the Zoning Ordinance, including lot sizes, setbacks, heights 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. Planned Unit Developments encourage: ( .I 1. Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and siting of structures and by the conservation and more efficient use of land in such develoJ1Il\ents; 2. Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects; \ 3. More convenience in location and design of development and service facilities; 4. The preservation and enhancement of desirable site characteristics such as natural topography, geologic features and the prevention of soil erosion; 5. A creative use ofland and related physical development which allows a phased and orderly transition of land from rural to urban uses; 6. An efficient use ofland resulting in smaller networks of utilities and streets thereby lowering the development costs and public investments; ( 7. A development pattern in harmony with the Andover Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles.) , / , , ) 8. A more desirable and creative environment than might be possible through the strict application of the zoning and subdivision regulations of the City. ( Section 2. Definition Planned Unit Developments (PUDs) shall include all developments having two (2) or more principal uses or structures on a single parcel of land which shall include townhouses. single and two-family homes, apartment projects involving more than one (I) building, residential subdivisions submitted under density zoning provisions, multi-use structures, such as an apartment building with retail at ground floor level, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. Section 3. Zonini District Supplement. A Planned Unit Development (PUD) District is supplementary to a zoning district within or encompassing all or a portion or portions of one or more original districts in accordance with the provisions of this Ordinance and the Zoning Ordinance. As used in this Ordinance, the term "original district" shall mean a zoning district as described in Ordinance No.8. the Zoning Ordinance. Section 4. General Requirements and Standards. ( , I 1. Ownership: An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the Approved Final Plan or Plat shall be binding on all owners. 2. Comprehensive Plan Consistencv: The proposed PUD shall be consistent with the Andover Comprehensive Plan. 3. Sanitary Sewer Plan Consistencv: The proposed PUD shall be consistent with the Andover Comprehensive Sewer Plan when applicable. 4. Ordinance Consistencv: The proposed PUD shall be consistent with the intent and purpose of City Ordinance provisions relating to land use, subdivision and development. \ ) ~. 2 \ / 5. Common Open Space: Common open space at least sufficient to meet the minimum density requirements established by the City shall be provided within the area of the PUD, except as provided in Subsection 8 below. 6. Operating and Maintenance Requirements for PUD Common Open Space/Facilities: Whenever and wherever common open space or service facilities are provided within a PUD, the PUD shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a pre-determined reasonable standard. Common open space and service facilities within the PUD may be placed under the ownership of one or more of the following, as approved by the City Council: a. Dedicated to public, where a community-wide use is anticipated and the City Council agrees to accept the dedication. b. Landlord control, where only use by tenants is anticipated. r c c. Property Owners Association, provided all of the following conditions are met: / 1. Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, townhouses, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the City of Andover. Said filing with the City shall be made prior to the filings of said declaration or document with the recording officer of Anoka County, Minnesota. 2. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject said properties to the terms of said declaration. '\ ) 3. The declaration of covenants, conditions and restrictions shall provide that an owner's association shall be formed and that all ov.ners shall be a member of said association which shall maintain all properties and common areas in good repair and which shall assess or charge individual property owners 3 / proportionate shares of joint or common costs. This declaration shall be subject to review and approval by the City Attorney. The intent of this requirement is to protect the property values of the individual owners through established private control. ( 4. The declaration shall additionally, amongst other things, provide that in the event the association fails to maintain properties in accordance with the applicable rules and regulations of the City of Andover or fails to pay taxes or assessments on properties as they become due and in the event the City of Andover incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association, then the City of Andover shall have the right to assess each property its prorata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. 5. Membership of the association shall be mandatory for each owner and any successive buyer. / 6. The open space restrictions shall be permanent and not for a given period oftime. ( 7. The Association must be responsible for liability insurance, local ta'Xes and the maintenance of the open space facilities deeded to it. 8. Property owner must pay the prorata share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. 9. The Association must be able to adjust the assessments to meet changing needs. 10. The bv-Iaws and rules of the Association and all covenants . and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan or plat. \ / 4 " 7. Staging of Public and Common Open Space. When a PUD provides for common or public open space and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD. r' l 8. Densitv. The density of a PUD shall confonn to the regulations of the zoning district in which the land and project are located and shall be based on the net buildable area (exclude streets), except that density increases of up to five (5%) percent (20% maximum total) may be allowed for each category listed below at the discretion of the City Council, as an incentive for the developer to include the following features hereby determined to be a benefit to the public. a. Significant undeveloped common open space. b. Significant improved common open space. ( c. Distinctiveness and excellence in setting design and landscaping. / d. Architectural style and overall appearance, and compatibility of individual buildings to other site elements or to surrounding development. 9. StalVng of Development. Whenever a PUD is to be developed in stages, the density of the stages when totalled shall not exceed the proposed residential density of the entire PUD. The City may require a developer to record a restrictive covenant in favor of the City to insure that all stages or phases will be developed within the overall density for the entire PUD. 10. Utilities. All utilities shall confonn to the design standards of Ordinance No.10, the Subdividing and Platting Ordinance and other applicable design standards on file with the City. All utilities, including, but not limited to, telephone, electricity, gas, and telecable shall be installed underground. , \ " J 11. Citv Utilities. All city utilities including water, sanitary sewer, stonn sewer and streets shall be designed, installed and maintained 5 -, by the City in conformance with all city standards and practices. Utility easements shall be dedicated as required by the City. ( 12. Urban Development and Availability of Public Service. All development shall be carefully phased so as to ensure that it will not cause an unreasonable burden upon the City in providing services and utilities or cause a deleterious impact upon the natural environment. ' 13. Streets and Site Improvements. All streets and site improvements shall meet the design standards and regulations contained in Ordinance No. 10, the Platting and Subdividing Ordinance, unless otherwise approved by the City Council. 14. Landscapin~. In any PUD, landscaping shall be provided according to a plan approved by the City Council, which shall include a detailed planting list with sizes and species indicated as a part of the Final Plan. In assessing the landscape plan, the City Council shall consider natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD. (" , / 15. Special Requirements and Standards. a. Residential Planned Unit Developments (Densitr Zonine). 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. b. No building shall be located less than fifteen (15') feet from the back of the curb line along those streets which are part of the private internal street pattern. (, 6 I c. No building within the project shall be located nearer to another building than one-half(l/2) the sum of the building heights of the two (2) buildings. d. No building shall be located nearer than its building height to the rear and side property lines. b. Commercial or Industrial Planned Unit Developments. 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. (, / b. No building shall be located nearer than its building height to the rear and side property lines. 3. Landscaping, Surfacing and Screening. a. All areas disturbed on the site other than that covered by structures or hard surfacing shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances. b. The entire site other than that taken up by structures or landscaping shall be surfaced in accordance with the standards on file in the office of the City Engineer. c. Developments abutting a residential district shall be screened and landscaped in compliance with the Zoning Ordinance and other applicable regulations. c. Mixed Use Planned Unit Developments. ~ , / 7 1. Required Frontage and Minimum Project Size. The tract of , land for which a project is proposed and permit requested shall ( / not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. b. No building shall be located nearer than its building height to the rear and side property lines. 3. Landscaping, Surfacing and Screening. a. All areas disturbed on the site other than that covered by structures or hard surfacing shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances. :_~ / b. The entire site other than that taken up by structures or ( landscaping shall be surfaced in accordance with the standards on file in the office of the City Engineer. c. Developments abutting a residential district shall be screened and landscaped in compliance with the Zoning Ordinance and other applicable regulations. 16. Sign Requirements. Signs shall be regulated and conform to the standards set out in Ordinance No.8, Section 8.07. All signs shall be shovm on the Final Plan. 17. Special Protection Districts. Planned Unit Developments involving land within the Flood Plain, Shoreland Management or Scenic River Districts shall be subject to the provisions of those ordinances regulating said districts. Section s. Application. Review and Administration. The general sequence for application, review and action on a PUD shall be the same as platting a property as \ specified in Ordinance No. 10, the Planing and Subdividing Ordinance. A Special / Use Permit shall be required. Application for the' Special Use Permit shall be ~ 8 made as specified in Ordinance No.8, Section 5.03 and shall be made in ) conjunction with the filing of the Preliminary Plat Application. Section 6. Violation and Penalty. 1. Misdemeanor. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty ofa misdemeanor, and upon conviction thereof shall be punished as defined by State Law. 2. Other Remedies. In addition to the penalties imposed by this ordinance, the City may exercise, with or separately from such penalties, all and any other legal and equitable remedies then available to the City by this ordinance, or by statute, or by other ordinances of the City, or by applicable rules and regulations, to enforce this ordinance, including, without limitation, injunction. Section 7. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. ( , Passed by the City Council of the City of Andover this 4th day of June , 1996. ) ATTEST CITY OF ANDOVER /7f'Y~ it.. (" d7vf)~ I',' !lJ.E. McKelvey, Mayor / '+ Ii #~;'./ /l,~_4..~ (, ~ Victoria V olk, City Clerk " ( , ) 9 ... __.. __._.. .'.' ._....... .............." .........".....v.. r_y. I III I I.......g.,.r.ull.l.ry Q, l:nll .l.:~:U4"'1'I'I / <kr.lId and Cluisline Gehlsen 16717 Argon StrcctNW Andover, l\fN 55304-160& 422-8075 February 25, 1997 ". Dave Carlberg Planning and Zoning Commission City of Andover \-lr. Carlberg: We 'viii be unable to attend tonight's Planning and Zoning Commission meeting, but wish to express aliI' opposition to the proposed Argon Street connection to the Timber River Estates. We moved to Argon Street almost nine years ago because of the quietness provided by this cul-de-sac. We most certainly did not hope that someday the road would be punched through to create the "Agron Street 500"! We understand that public safety is of concern for the proposed road connection. Well, the people who currently live in the Argon Street cul-de-sac ARE the public whose safety is at question. The residents that have lived here for 20-25 years have NEVER had a singlt:: inslance where lht::ir safely was even remolely lhrealened. We will gladly accept this minute risk in tradc for a quiet neighborhood. ) The last big issue is of course "who will pay for this"? We assume that the Argon Street residents will be assessed for this "improvement". This will only put salt in our wounds...charging us for something no one here wants! In conclusion, Mr, Carlberg we request that you reject the proposed Argon Street cOlmection to the Timber River Estates. Sincerely, Gerald & Christine GeWsen. '. / I BARBARA , WILLIAM GOW 16515 Argon street NW Andover, MN 55304 612-421-3194 February 25, 1997 Planning and Zoning commission City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Subject: Planned unit Development of "Timber River Estates" To: Planning and Zoning Commission Myself, my wife and son have been residents at the above address since July 1971. We would like to express our opposition to the proposal to make the cul-du-sac at the end of Argon street into a through street with the Timber River Estates. We do not see where this opening will benefit the residents of our addition, Russell/Stack Addition. We oppose this opening for the following reasons: * Increased traffic (auto and snowmobile) to a already busy neighborhood increasing the noise volume and safety to our residents. * Increased possibility of damage to our property. We live on the corner of 165th and Argon and we already have a problem with cars driving through our ditches, doing damage to our landscaped yard. Note: The city has put up reflective posts trying to deter drivers from driving through our yard, but that hasn't helped. Last November someone ran those over and drove the full length of our property, on 165th side, leaving large deep ruts. If Argon is made a through street with increased traffic (doubled or more because there will be more than 2 times \ ) " , .' the houses in the Timber River Estates than in the Russell/Stack Addition) the chance of damage to our property will double. * Increased traffic due to the opening would put more wear and tear on our already deteriorating streets. This will cause us to assume an increase in the cost of maintaining the streets. If you open Argon to Timber River Estates, then let the new addition pay for the improvements that will be needed on our streets. We understand the city's desire to have two inlets to housing additions, but the Russell/Stack addition has done just fine with only one inlet for the last 27 or 28 years. As taxpayers, my family and I request that you do not open the cul-du-sac at the end of Argon in the Russell/Stack addition to the new Timber River Estates. Please allow our neighborhood to remain as it is. Best regards, -' vJ~f!~ ~~9~ William E. Gow Barbara J. Gow David B. Gow , / CLINTON O. LARSON 16404 Argon Street NW Anoka, Minnesota 55304 February 17, 1997 Planning and Zoning Commission City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Subject: Planned Unit Development of "Timber River Estates" To Those Conerned: , / We, as property owners and long-time residents of the City of Andover, living since 1976 and paying taxes during that time at 16404 Argon Street NW, do strongly oppose the opening of the dead-end on Argon Street in the RusselVStack addition to the new Timber, River Estates. The residents of this area have previously expressed their opposition to this, and we continue to be strongly opposed to opening this road. This opening will provide no benefit to the current residents of the RusselVStack addition. It will: · Substantially increase traffic, with the attendant noise and, more importantly, risk to the residents, particularly their children and grandchildren. · As the residential streets of Andover are used by snowmobilers, this opening will increase the already dangerous snowmobile traffic in our residential area. I, as a resident and taxpayer, am very concerned with this potential opening. I realize the Mayor's desire to have two roads into each addition. That can be readily accomplished in the Timber River Estates, and while there's only one road into the RusselVStack addition, it has existed this way for some 25 years, to the convenience and satisfaction of the residents. Please allow this satisfactory condition to continue to exist. Respectfully yours, ." (! ,/ ( :, {-r!~iLr)1\. c< -Ya'1Al/- Clinton O. Larson JO / \, I Not wanting a road to go through the Argon culdesac to connect the new neighborhood. Reasons why... First you had plans drawn up of the new neighborhood and took for granted that the person who owns the "Cufdesac pmperty would sell his property so that you could put your road through the middle of it. also, I have heard that if he does not sell to you - that you would condem his property and take it from him. I don't think this is right to bully people this way to get what you want, you should have an~lternate plan. , / Our neighborhood has been here for about 25 years with no problems, like you said the culdesacs are hard to plow and the fire trucks can't get around, plowing hasn't been a problem for 25 years and the fire trucks haven't had a problem in the 25 years -all they have to do is pull into the culdesac and after they are done they back out. By the way how many culdesacs are in the new neighborhood? There are Three, we have 1. You also said you wanted 2 ways in and out of this and our neighborhood in case there is an emergency and an accident. We have had emergences in our neighborhood-no problems occurred with emergency vehicles getting in or out. I really don't think an accident would hamper anyone getting through if need be. It looks like we have just as much road with out outlets as the new neighborhood. In fact having the mad go through Argon at the culdesac would increase the traffic because of the people wanting to get to the park and 165-th would be the shortest way to get there, thus making it dangerous far oucchildren and accidents would surly occur with children DYING. \ , J , , / , , Having more access would create more crime for our neighborhood--I feel safe as it js now. With another access 1 would not feel safe, for reasons I will tell you privately, because of the new park attracting all kinds of people and teenagers late at night. I for one would like to see the park moved farther north. And there is another way to get into the river up highway 7 t-hatis a park that YGu{:an fix up better. Also, you said there would be trails to connect parks, where are these trails and what parks would they connect ,because if you go to the south into our neighborhood you would be on private property. Next if you want to put a road in put one in on the east side of Yakhima that would connect the neighborhoods. In conclusion, please hear us because you work for us (the citizens of Andover) and we 'Pay your satary. / As you can see we DO NOT want a road to go through the Argon culdesac. Thank-you. Elonda Stratton (citizen of Andover, that lives on Argon ST. N.W.) !JguId~6 '\ / ) \, J Not wanting a road to go through the Argon culdesac to connect the new neighborhood. Reasons why... Extending Argon through would create a huge increase in the traffic flow through the area. Teenagers already go through the neighborhood at higher speeds than they should but are careful of the children because they probably know a lot of them. Extending Argon would literally crBate a high-speed highway greatly endangering our children. They can no longer ride their bikes safely along the roadside. There is no traffic congestion in this area so I don't see what purpose the extension would serv~. Someone tell me who did the study that determined we had a snowplow problem and a emergency vehicle problem? I want to see the study or any statistics that you base your claims on. Don't just make hollow claims without substance to back them up. We want to see it now. \, On the other hand, you are elected to office to represent the citizens of Andover. Well, this petition represents the citizens affected by your development plans. READ IT. It says we don't want the road to go through because we don't want the crime and the traffic that would go with it. / Hundreds of culdesacs in the northern suburbs do just fine in the winter. They are no more or less of a problem than ours. This is a weak excuse for endangering our children's lives. Our 1 culdesac is even much less of a problem than most because of the one driveway that stems from it in comparison to many driveways which stem from most culdesacs. WHAT is the REAL REASON you want Argon extended? Your stated reasons make no sense and have no basis for comparison. Thank-you. Bob Stratto n over, that lives on Argon ST. N.W.) / CITY OF ANDOVER REQUEST FOR CITY COUNCIL ACTION DATE March 18, 1997 AGENDA ITEM 7 ORIGINATING DEPARTMENT Andover Review Committee Preliminary Plat Timber River Estates Woodland Development Corporation The City Council is requested to review and approve the preliminary plat for the Planned Unit Development (PUD) of Timber River Estates located in Section 12, Township 32, Range 25, Anoka County, Minnesota as requested by Woodland Development Corporation. General Comments , I . The proposed preliminary plat is currently zoned R-l, Single Family Rural and a portion is designated as Scenic River. The proposed plat is currently outside the Metropolitan Urban Service Area (MUSA) and will be developed with private individual wells and septic systems. . The proposed subdivision is to be developed as a Planned Unit Development (PUD) and consists of 79 single family residential lots. . 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.). There are variances being requested with the proposed preliminary plat. Variances being requested are as follows: A. Variances to Ordinance No.8, Section 6.02 are being requested for lot area and lot width as a part of the development of the PUD. B. The developer is requesting a variance to Ordinance No. 10, Section 9.05, which requires a maximum length of a block not to exceed 1,320 feet. The block of 170th Lane NW and 170th Avenue NW exceeds this requirement. \ , / , C. Variances are being requested to Ordinance No. 10, Section 9.06A3, which requires all lots to have at least 22,500 s.f. of buildable land area with a minimum width of 150' and a minimum depth of150'. / Comments by the Andover Review Committee 1. The developer is proposing to use a geotechnical engineer to allow a separation of less than 3' for the lowest floor above the seasonal high water mark as provided in Ordinance No. 10, Section 9.06A3. The City has hired an independent geotechnical engineer at the expense of the developer to review and certify that a lesser separation can be achieved as provided in Section 9.06A3. The report is pending. 2. The developer is proposing a trail system constructed of 4" of Class 5 as a part of the PUD. If the City is to accept the dedication of these areas as being proposed, the Public Works Department recommends these trails be constructed and be surfaced with bituminous instead of Class 5 for maintenance purposes. The Planning and Zoning Commission is recommending the trails be constructed as proposed. 3. The developer is proposing to construct a bituminous parking lot for the park along the Rum River as a component of the PUD. The Council will need to discuss and determine if concrete curb and gutter should also be required. , / 4. The street layout of the proposed plat indicates a crossing/filling of a DNR protected wetland (No. 325) at 17lst Avenue NW. The developer has requested a permit to cross/fill that portion of the wetland from the DNR. The DNR has responded and indicated that the project as being proposed will not be approved (letter attached). The DNR believes alternatives exist that should be used for constructing residential streets. 5. The Fire Department is still concerned with the limited access to the western portion of the plat for fire and safety purposes. The Fire Department and the Andover Review Committee recommended a connection to the south with Argon Street NW at the sketch plan stage. This proposed connection was removed during the sketch plan review by the City Council. Ordinance No. 10, Section 9.02B states that the arrangement of streets in new subdivisions shall make provisions for the continuation of existing and future streets in adjoining areas. The Planning and Zoning Commission is not recommending the connection to Argon Street NW. 6. Staffhas not had the time to review the revised plans submitted since the Planning and Zoning Commission review. There may be further changes needed on the plat presented to the Council. Planning and Zoning Commission Recommendation , The Commission is recommending approval of the preliminary plat with conditions as .I stated on the attached resolution. \ Park and Recreation Commission Recommendation The Commission reviewed the preliminary plat at their March 6, 1997 meeting. The Commission is asking for direction from the Council regarding rural plats developed as Planned Unit Developments. The majority of the Commission did not feel the outlots should be accepted or given credit as park. Attached are the minutes of the March 6, 1997 meeting for Council review and discussion. -' 8.01 IDENTIFICATION AND DESCRIPTION a. Proposed name is Timber River Estates. d. Scaleis 1" = 1 00' g. The preliminary plat and the grading, drainage and erosion control plan were prepared by Hakanson-Anderson Assoc., Inc. 8.02 EXISTING CONDITIONS b. Total acreage is 183 +/- c. The existing zoning within 300 feet of the proposed plat has been shown. J 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 City for review and approval. j. A soil boring report has been received by the City. 8.03 DESIGN FEATURES a. The proposed right-of-way as indicated is 60 feet. c. The storm drains and street plan/profile will be designed by the developer's engineer and approved by the City Engineer prior to construction. g. The setbacks for each lot are shown for the single family residential area. \ / h. The proposed method of disposing of surface water has been shown on the grading, drainage and erosion control plan. A final review by the City Engineer shall be required. 8.04 ADDITIONAL INFORMATION b. Water supply will be by individual private well. c. Sewage disposal facilities will be private individually septic systems. f. Flood Plain Management is regulated by the City & Lower Rum River Watershed Management Organization (LRRWMO) (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. The total linear road mileage for the proposed plat is 1.99 miles. k. Location of Area Identification Signs. Special Use Permit required. 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 4" topsoil, spread, seeded, mulched and disc anchored. 9.04 EASEMENTS b. A drainage easement has been shown to follow the 100 year flood elevation. 9.06 LOTS e. The developer is responsible to obtain all necessary permits from the LRRWMO, 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 and approved by the City Council. , / ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO -97 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF TIMBER RIVER ESTATES BY WOODLAND DEVELOPMENT CORPRATION LOCATED IN SECTION 12, TOWNSHIP 32, RANGE 25, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and comments were favorable; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council approval of the plat subject to the following: 1. Variances to Ordinance No.8, Section 6.02 for lot area and lot width. I 2. A variance from Ordinance 10, Section 9.05 for the length of the block exceeding 1,320 feet for 170th Lane NW and 170th Avenue NW. 3. Variances from Ordinance 10, Section 9.06A3 for the 150' x 150' building area requirement because of the fact that this a PUD. 4. All trails be surfaced as proposed by the developer indicating certain areas as bituminous and certain areas Class 5. 5. The developer obtains all necessary permits from the Lower Rum River Watershed Management Organization, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 6. Geotechnical engineering report being reviewed and approved by the independent geotechnical engineer and accepted by the City. 7. Address TKDA comments dated February 13, 1997 to the satisfaction of the City. 8. Address Engineering Department memo dated February 14, 1997 to the satisfaction of the City. , / ) Page Two Resolution Preliminary Plat - Timber River Estates March 18, 1997 9. A grading, drainage and erosion control plan be revised based on 6-8 above and approved by the City. 10. A street/storm sewer plan and profile being reviewed and approved by the City Engineer. 11. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. 10, Section 9.07. 12. Contingent upon approval of the Special Use Permit for the Planned Unit Development. 13. Sidewalks and trails as determined by the City Council at a later date. 14. Variance to Ordinance No. 10, Section 8.04(k) to allow the developer to request a Special Use Permit for monument signage at a later date. Adopted by the City Council of the City of Andover this 18th March , 19....2L. day of CITY OF ANDOVER A TIEST: I.E. McKelvey, Mayor Victoria Volk, City Clerk '\ / February 24. 1997 Minnesota Department of Natural Resources Metro Waters, 1100 Warner Road, Sl Paul. MN 55106-6793 Telephone: (612) 772-7910 Fax: (612) 772-7977 .. RECEIVED FES 2 C 7997 CITY OF ANDOVER Mr. Byron Westlund Woodland Development Corporation 830 West Main Street Anoka, MN 55303 RE: Permit Application No. 97-6119, Residential Road Construction, Timber River Estates. DNR Wetland 2-325W, City of Andover, Anoka County Dear Mr. Erickson: Permit Application No. 97-6119 for the construction of a residential street through DNR wetland 2-325W has been sent to the resource managers and local units of govemment for comments. The commenting period will be over on March 1, 1997. We have completed a preliminary review of Permit Application 97-6119 and find that the pennit cannot be issued for the project in its present fonn. .' The supporting materials for Permit Application 97-6119 indicate that three alternatives were considered for the project placing the residential street through the widest portion of wetland 2-325W and connecting to Argon Street NW south of the development. placing the street north of wetland 2-325W, and placing the street through a narrow portion of wetland 2-325W. Application 97-6119 stated that the road through the narrow portion of wetland 2-325W is the preferred altemative. Minnesota Rules 6115.0190, Filling into Protected Waters, Subpart 3F states: "Placement shall not be pennitted . . . to construct a roadway or pathway, or create or improve land accesses from peripheral shorelands to islands, or to facilitate land transportation across the waters; however. where a project is proposed by a federal, state, or local govemment agency and this provision would prevent or restrict the project. or create a major conflict with other public purposes or interests, the commissioner may waive this provision provided: (1) there is no other feasible and practical altemative to the project that would have less environmental impact; and (2) that the public need for the project rules out the no-build alternative." The pennit application materials clearly state that there are practical alternatives to placing the road through wetland 2-325W and dividing the wetland into two parts. Minnesota Rules 6115.0190, Subpart lA states: "It is the goal of the department to limit the placement of any fill material in protected waters in order to minimize encroachment, change, or damage to the environment" Building a road across wetland 2-325W is not limiting the placement of fill into the wetland. Issuing Pennit No. 97-6119 and allowing wetland 2-325W to be divided into two parts would be against . '\ the stated goals of the Protected Waters Program. DNR Informalion: 61~-cl)6-6\57. \-~(K)-766-61iIiO . TTY: 6\ c-c<i6-5-lX-l. \-X()()-657-3<ic<i .\n El.ju;d (}l"l'tlrtlllll'~ t-:rnrlll~...r \','hl)\"aIUl.....Dlh.r..l(\ ^ Prrlll\:d un R....I..~...kJ P.lp..:r t "'11l.,.l11l11l~.1 c.~ \11111IllUIO'" lll'; p"...l.r"lhum...~ \\.1...11." '\ / Mr. Byron Westlund February 24,1997 Page 2 Also, Minnesota Rules 6115.0190, Subpart 5A states: "Pennits shall be required for the placement offill in protected waters and shall meet all of the following requirements: A . the project will involve a minimum of encroachment, change, or damage to the environment, including but not limited to fish and wildlife habitat, navigation, water supply, and stonnwater retention. . . E. the proposed project must represent the minimal impact solution to a specific need with respect to all other reasonable alternatives. . . ." The preferred alternative does not appear to be the minimal impact solution to the specific need. Other alternatives exist that should be used to construct the residential street The City of Andover has the authority to condemn the land that lies north of wetland 2-32SW, and the residential street could be built on the condemned land. In a second alternative, access could be gained to the land west of wetland 2- 325W by using Argon Street NW in Rolling Meadows Estate. These alternatives would be more likely to meet the requirements of the rules than the preferred alternatives. Finally, the pennit application did not present information to support the decision to construct the street through wetland 2-32SW as the preferred alternative. Minnesota Rules 6115.0191, Subpart 8 states: "Filling. . . shall be subject to the submission of information to show that: '\ / the intended purpose of the fill is reasonable with respect to all other alternatives and there are no feasible and practical means to attain the intended purpose without filling; and B. the proposal will adequately protect public safety and promote the public welfare." A This letter is not an official denial ofPennit Application No. 97-6119. This letter is intended to let you know that the project as it is currently proposed will not be approved by the DNR We believe that alternatives exist that should be used for constructing the residential street We are willing to discuss alternatives at a meeting with you and the City of Andover. In the meantime, Pennit Application No. 97-6119 will be held in pending status until you contact us with a new preferred alternative. Please contact me at (612) 772-7910 if you have any questions or concerns. Sincerely, r'r:-1....,1 r1 - ~'O~~ r'"' -Y. 12,",Jv~ :/ Joe Richter Hydrologist JR/cds c: U.S. Army Corps of Engineers, Tim Fell City of Andover, Scott Erickson Anoka Conservation District, Becky Straub DNR Fisheries, Dave Zap petillo DNR Wildlife, Bob Welsh Lower Rum River Watershed Management Organization, Carla Wirth . , , / Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 7 I Public HearinglPreliminarv PlaVTimber River Estates ( , / Mr. Carlberg reviewed the request, noting that the property is currently zoned R- 1, Single Family rural with a portion designated as Scenic River. The proposed plat is outside of the Metropolitan Urban Service Area and will be developed with private wells and septic systems. The subdivision will be developed as a Planned Unit Development and will consist of 79 single family residential lots. The developer is responsible to obtain ail necessary permits from the Coon Creek Watershed, DNR, Army Corps of Engineers, etc. Variances are being requested for lot area and lot width as a part of the development of the POO, maximum length of a block (170th Lane and 170th A venue), and minimum width of 150' and a minimum depth of 150' (the one acre lots will not meet these requirements). A geotechnical engineer will be used to review and certify that a lesser than 3' for the lowest floor above the seasonal high water mark can be achieved. The developer is proposing a trail system constructed of 4" of Oass 5. A bituminous parking lot for the park along the Rum River is proposed. A permit from the DNR will be required to cross or fill a protected wetland at 171st Avenue NW. The Fire Department is concerned with limited access to the western portion of the plat. Byron Westlund, Woodland Development, noted that they have met with the City Council and asked them to co-sponsor their application for the wetland fill permit. Their application has been submitted to the Lower Rum River Water Management Organization and they haven't heard from them as of this date. In October or November they were granted a Special Use Permit for the sign. Mr. Carlberg noted that the Special Use Permit was for a temporary real estate sign and they would need to apply for another Special Use Permit for the area identification sign, which would be permanent. Chairman Peek asked Mr. Westlund to address the storm water management plan. Mr. Westlund explained that they reduced the runoff and flow. Pre-runoff was 69.1 CFS and post-runoff would be 60.2 CFS. Through the use of storm piping, they have been able to take the water from the north and divert it to the west rather than to the east where it normally would go. '\ ;' '\ J Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 8 Barbara Gow asked where the water in the southern part of the plat will go. Mr. Westlund noted that it will follow its natural course. They are not adding any more water. Todd Haas stated that it would take more than a 6 inch rainfall before the pond would overflow. MOTION by Wells, seconded by Leudtke to open the public hearing. Ed Wilson, 16831 Arg-on Street NW stated that if Argon Street is extended, a permit from the DNR would be required because it's a wetland. Mr. Carlberg noted that a permit would not be required because it's not a protected wetland. Discussion centered on the extension of Argon Street with Commissioner Apel stating that a neighborhood would be destroyed if it were extended. All of the Commissioners opposed the extension of the street. '\ I Tohn Weg-ner asked if the impact on the traffic coming out on 7th Avenue had been looked at. Mr. Carlberg explained that there are certain separations required between city streets onto county roads. The county has looked at the plan and has approved it. MOTION by Wells, seconded by Barry to close the public hearing. Motion carried. The Commission discussed the variances that would be required agreeing that the basic purpose of a PUD is to negotiate with the developer because of special features of the property. The surfacing of the proposed trails was discussed. Mr. Westlund felt that because the trails are in marginal soils, bituminous would need to be repaired more often than if Class 5 were used. Mr. Haas noted that the Park Board wants to concentrate on trails in the urban area. In the rural area it's too hard to construct a trail system, The current road shoulders should be used for bike trails. . I MOTION by Apel, seconded by Wells that the Planning and Zoning Commission forward to the City Council with a recommendation of approval a resolution approving the preliminary plat of the planned unit development of Timber River Estates by Woodland Development Corporation with a change to Item #3 to say '1 , Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 9 that a variance from Ordinance 8, building area because of fact that this is a PUD and that all trails be surfaced as proposed by the developer indicating certain areas as bituminous and certain areas as Oass 5. Item #14 be added saying that a variance be ranted for the developer to request a Special Use Permit for signage at a later date. Vote on Motion: Yes - Apel, Gamache, Barry, Wells, Leudtke; No - Squires, Peek. Motion carried. This will go to the City Council on March 18; 1997. Public Hearing/Comprehensive Plan Amendment \, Mr. Hinzman reviewed the request for an amendment to the Comprehensive Plan to create an RM-2, Residential Multiple Dwelling land use district and to change the land use district from RU, Residential Urban Single Family and C, Commercial to RM-2, Residential Multiple Dwelling for the property at 3331 Bunker Lake Boulevard. The purpose of the proposed amendment is to accommodate senior citizen housing as proposed by Presbyterian Homes and Adolfson and Peterson. Minnesota Statutes 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 government unit shall not adopt any fiscal device or official control which is in conflict with its comprehensive plan." / Mr. Hinzman explained that the development will be a 130-140 unit senior housing facility on the Round Barn site. At the present time, the Comprehensive Land Use Plan designates this area as C, Commercial and RU, Residential Urban Single Family. The property is currently zoned SC, Shopping Center and R-4, Single Family Urban. The applicant proposes to rezone the parcel to M-2, Multiple Dwelling and to develop the parcel as senior housing under the planned unit development ordinance. A rezoning to M-2 would be inconsistent with the current land use designation; therefore, an amendment to the comprehensive plan is necessary. Dave Carlberg noted that a Special Use Permit was issued several years ago to allow the operation of the Round Barn. Commissioner Gamache asked if the developer is looking at this site because of the proximity to the Downtown Center. Mr. Hinzman stated yes, the seniors will be able to walk to the Downtown Center and there is also a bus line nearby. / Regular Andover Minutes - March \ Page 2 Park and Recreation Commission Meeting 6, 1997 (Public Hearing: Kelsey-Round Lake Park/IP96-1, Continued) MOTION by Blackstad, Seconded by Barringer, to close the public hearing. Motion carried on a 6-Yes, I-Absent (Kieffer) vote. 7:43 p.m. MOTION by Lindahl, Seconded by Grabowski, to present the sketch written to the Council for approval and to go for the grant. carried on a 6-Yes, I-Absent (Kieffer) vote. plan as Motion TIMBER RIVER ESTATES PRELIMINARY PLAT Mr. Haas reviewed the Timber River Estates development proposed to be done as a Planned Unit Development. The developer is proposing to dedicate 6.87 acres of park, so the remaining balance of 11.42 acres would be cash in lieu of land if the Commission agrees. The proposal is to grade and develop the park and trails as a part of the PUD. In the park, the Commission can choose whether a softball field or soccer field should be constructed. ( , Byron Westlund, Woodland Development, disagreed with the amount of land being dedicated for park. Around the natural DNR-protected wetland of Outlot B they will have some walking trails and observation blinds. That wetland is 24.93 acres in size which they are offering to the City / plus accesses to it. They would also landscape around Outlot A, where they would construct a pond, and construct bituminous trails around it. Trails and observation blinds in other cities have been very successful. The total proposed acres for park dedication would be 34.769 acres, which exceeds the 10-percent requirement and which would be completely developed. They are also proposing to construct a fishing pier along the Rum River, and they have made application for that project. The Commission generally liked the proposal as submitted and felt it would be very beneficial for the City, but they were not familiar with the requirements of PUD developments. They felt that possibly the dedication of Outlots A and B would be considered part of the consideration of the criteria for a PUD. If that is the case, cash would then be accepted in lieu of the 11.24 acres. There was also some concern with park maintenance because of the limited Staff and just not wanting to take outlots for park. Also, the trails would be used mainly by those within the development itself because they would not connect to the City's trail system. If a softball field is constructed, it was suggested it be flipped so the backstop is by the parking lot. No decision was made this evening on whether a softball field or a soccer field should be constructed in the park. Mr. Westlund noted that the trails could connect to the City's trail system, which is shown as going along Seventh Avenue some time in th~ ,future. The Comprehensive Plan also shows a neighborhood park in this / area. He proposed if maintenance is a factor that Woodland Development would consider being responsible for the maintenance of the parks within the development for one year. Mr. Westlund also explained the storm sewer system for the park which consists of pipes and cacch basins. Regular Andover Park and Recreation Commission Meeting Minutes - March 6, 1997 " Page 3 ( (Public Hearing: Kelsey-Round Lake Park/IP96-1, They are proposing between $5,000 and $6,000 equipment in the tot lot area. Con tinued) worth of playground Because this is the first rural plat being developed as a PUD and not wanting to make a decision that would set a precedent that is not in the City's best interest, the Commission felt some direction from the City Council is needed. What is the Commission's obligation for accepting park land in a PUD? The majority did not feel the out lots should be accepted for park. Mr. Haas stated he will direct those concerns to the Council at the March 18 meeting. He will bring this item back to the Commission at their March 20 meeting with the Council's comments. DISCUSS NON-RESIDENT FEE - YOUTH Mr. Haas found that the City of Anoka does not require non-resident fees but does require a percentage of the youth to be residents. Blaine requires the associations to be based out of their City. ~, Nancy Benson, Anoka Junior Soccer, stated their organization has grown from 150 players from Anoka, Ramsey and Andover to over 300. They have two fields to play on in Anoka and one in, Ramsey, which is not enough. It is difficult to schedule six teams of youth under age 10. They have / asked to use Anoka High School, but they are only allowed to use one field for a couple nights a week and not for practice. They would like to schedule one game field and a practice field in Andover. Their organization is a feeder for the Anoka Senior High teams. Representatives from Andover Invaders and North Metro Soccer also noted their needs for fields. Andover Invaders has 14 boys and girls teams of 280 players. North Metro has divided their organization in to north/south boundaries. Last year they had about 150 players from Andover; this year they expect about 200. There was a very lengthy discussion about the makeup of the organizations, the needs of each for fields, the lack of fields available in all cities, and how the fields are scheduled and used throughout the week. Representatives of Andover Invaders and North Metro Soccer explained th=y get together to schedule fields each spring after the state sends them the schedules, and they are willing to work with Anoka Junior Soccer. Discussion was also on the availability of the soccer fields at the Oak View Middle School. Commissioner Grabowski felt there would be one large field and a small one, and he recommended the organizations contact the school district about that. The problem is there are no goal posts. Mr. Haas stated if the Commission is intending to help out , with the purchase of some goal posts, he would like to know now so it ) can be included with the order for those at Sunshine Park~ I I / \, J w JII.S:2~".. 1& 0 ..>>~ ZONING R-2 ~, ~I I N ~~ :) 4 ~ j ~ ~ " ] w ~ / C is !! w lloo ~ ~ Ill~ U ~ n r;: '\ / : : : : : : ' , I . . ._ I I I I I ; : i . . : : : . . . I .:._ 1.1 II I I I I I : ; ; : : : : : : . . I f .:. ! '.lA~:h ;,_ I I , I I ; ; I : i : : : : : . . . . ::= \' "",/'IIIII~,'ld ;.J'.,I'3.~IIII( IrU "''ffiIir'''iiiiii:I:::'- .:.:: , ) 1'1_ ,IT IT' ill !:mi ~'-1J! I ,'l.t',,~, " '~', .~ ~ _m --' ,'rf .;~I,' "';':'" : I~I~- I I, I ,; .._ 11r\JlY'-' ..' -i[:" -- .' T.,f' '" ' U .::= (r.",' Y.:-J I :" ',/[ , : ,. 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J!~ :,~. t ;'~;~ '''1~'hf~~'~~: ,i!:] . ::= 1,3>1;1' 't~i"""'" '" "..' ,I'," '"If !ii'll\ I ~ .= ,;.', 'F';;' ";" :~''', ". l>'Jl-" J~,' ~ '" ~~ \ '!II ." ,', U 'Ii,"~'" ~c.c~ <i~' ~'ftJ ~ ~~l =:= \ i " , ",\11.: ']Tf" ~ >Jj[ g I' I I I, ._ .. ,. , .H'- ,~. . "Z ',\ · ",1-'1' 1'= 1- ,. iH 'I/:lC- ',", LJ , .1;: '1o",J." . .:; - ~~IJ1 ""'.A 1 ... , .._ ~. n-- =_ '-,ijl'-' 0 I"", I, .f'""'~ . >- " I _ I- U ' .PYC u ,..". i '. ~ '''~, II.hU I L,,, . -.J - Regular Andover City Council Meeting Minutes - May 21, 1996 Page 6 " , ) (PUD Ordinance - Density/Phasing, Continued) the change, because the POD would not be possible if the characteristics of the property were such that all of the density increase was in the first phase property, but this provision would not allow them that increase. Councilmember Jacobson felt the problem is with the sentence itself, as he interpreted it to read that the density of the entire plat, whether it says 100 or 125 percent, can be placed in each stage of the development. Mr. Carlberg explained Staff was intending to allow the additional density increase in each phase with an overall density r.ot to exceed the maximum allowed for the plat. He agreed the paragraph should be clarified. Ernie Pfannschmidt - owner of the property being developed by Woodland Development as Timber River Estates. He would never expect Woodland Development be a problem, as he found them to be upscale developers. He intends to live there himself, as the property is very important to him. The concept plan looks good to him. The land has been fallow for many years, and he feels Woodland Development will do a good job of developing it. The Council noted the ordinance must be applied to all developers. They nr~~d the need for flexibility and for having the ability to negotiate w,_/l developers, but the Ordinance must also protect the City. Attorney Hawkins agreed to meet with Mr. Carlberg to reword this section so it is not possible to put all of the density in one phase of the development. Mr. Carlberg stated Staff will prepare the changes to the ordinance and bring it back to the next Council meeting for consideration. TIMBBR RIVER BSTATBS SICBTCB PLAN Mr. Erickson reviewed the sketch plan of Timber River Estates which is proposed to be developed as a POD. The 186 acres is proposed to consist of 85 single family rural residential lots, 2 outlots and 1 park. The lots to the east would be one acre in size, with four-acre lots proposed along the river. A 9-acre developed park is proposed along the river plus trails through the area. The outlots would be set up to preserve the wetlands and some high land. The streets would be maintained by the City. There are future accesses proposed to the north and south. The Andover Review Committee's main concern was to provide a southerly access to join an existing cul-de-sac which is about 170 feet to the south over private property. The Planning Commission generally concurred with the layout as proposed, Councilmember Knight noted the street layout with future extension to ~~~\north is in a floodplain area. He did not think it will be possibl~ ~ /~onstruct a road through there. Maroe? - resident of the area to the south. She found out about this meeting at 4:30 this afternoon and was not sure how many neighbors knew Regular Andover City Council Meeting Minutes - May 21, 1996 Paqe 7 , J (Timber Rivers Estates Sketch Plan, Continued) about this. They are all concerned with the proposal to provide an access connecting their cul-de-sac with the proposed plat. They are happy with the one road in and out of their plat. It limits the amount of traffic. There are many young children and they do not want more and faster traffic. She was concerned that this is going through too fast. The Council explained this is only the sketch plan stage, and a public hearing of which residents will be notified and where residents ca""t testify will be held when the preliminary plat is proposed. Mayor McKelvey also noted the concern of the Police and Fire Departments for public safety and the policy of looking for two entrances into each plat. Patrick Mann. Arqon Street - felt the primary consideration for safety should be that of the children in their area. Making the connection with the proposed plat will subject their children to more traffic and traffic at higher speeds. He has no young children, but he would prefer the possibility of the snow plow not being able to come through for another day rather than triple the amount of traffic going past his house and those neighbors who have children. Mayor McKelvey noted the concern is also for fire, medical and police emergencies. Mr. Mann still argued against the connection, that the daily traffic increase was a more serious safety concern for the children in their neighborhood t' ':]. the ability of the Fire or Police Departments to respond a few m~nutes earlier. Councilmember Jacobson noted the City would have to negotiate with the property owner to obtain the easement to extend the cul-de-sac to this development, and it appears the property owner will not want to sell. He stated the connection will not be made unless there is an agreement with the private property owner. Councilmember Dehn felt there are other safety factors to consider. She had heard this area was to be county park land. BYron Westlund. Woodland Development was proud of what they put together conceptually. To their knowledge, the property owners were never approached by Anoka County for parks. They have tried to preserve as much of the natural amenities of the property as possible and to include buffers around the wetlands, nesting boxes and observation blinds. The park is proposed in an area that has little trees to minimize the tree loss. Because of the patterns of the land, they feel the PUD is the right direction to take. In response to Council questions, Mr. Westlund stated because of the park improvements and the availability of the open areas to other Andover residents, they would propose turning ownership of the outlots co the City. They will look at connecting the trails throughout the developmenc. What is shown is conceptual because the wetland delineations have not been done. They will look at how much open water chey will have to cross. They will also look at alternacive layouts to ! 'vide an access to the north. Councilmember Jacobson personally wgJted to see something different in the park other than softball and soccer fields. He'd like to see a variety of activities, possibly a tennis court. Given the resident objections to providing an access to the south to connect with the existing cul-de-sac, he suggested th~ Regular Andover City Council Meeting Minutes - May 21, 1996 Page 8 r ~nber Rivers Estates Sketch Plan, Continued} d~veloper consider pulling the road back and ending with a cul-de-sac. He understood the concerns of the residents with increased traffic through their area, especially with the location of the proposed park. He felt the plat is laid out well, but he was hoping to see a more innovative clustering of houses and more open spaces. He also stated he would be disappointed if Woodland cleared the area for development as he has observed being done in the Shadowbrook plat. \ , Mr. Westlund explained the comments from the Building Department on the septic systems and separation between septic and wells dictated the size of the lots. They can look at it again, but their intent is to minimiz~ the loss of the trees. They will also change the proposal to the 80 lots which was suggested in the discussion on the previous agenda item (See page 5 of these Minutes). Mr. Erickson stated they will evaluate the need for mound septic systems versus the underground ones. Councilmember Dehn was concerned with the displacement of wildlife, though the artificially created ponds will house some of it; plus those ponds are preferable to having ponding in the back yards. She too felt there may be no street connection to the south because of the private property involved. She wondered if the City is prepared to take over another large park area. Mr. Carlberg explained the POD allows the Council to accept the property as park land; however, it does not have to do so. The Council will make the decision after being advised by the Park Board. , , Mi:- / Westlund stated the Park and Recreation Commission liked the concept. In another City they worked out an agreement where they maintained the park property for one year after finalizing the plat. The POD allows that type of flexibility. Mr. pfannschmidt recalled that no park was dedicated from Rolling Meadows, the plat to the north, because it was intended this area would have a park. That is why a park is going in there. Mr. Erickson noted cash was taken in lieu of land for the Rolling Meadows plat. There was no further Council comment. NIGHTINGALE PRESERVE SKETCH PLAN Mr. Erickson reviewed the sketch plan of Nightingale Preserve which is proposed to be developed as a PUD with 11 single-family rural residential lots and one outlot. The Council previously saw this parcel proposed under the standard R-l development of 2.S-acre lots. The property is currently not within the MUSA, but could be served in the future with the current gravity sanitary sewer system. The proposed Comprehensive Plan has the area slated for approximately 2010-2015. The Fire Department is requesting that Raven Street NW i~ Wittington Ridge be constructed to this proposed development to eliminate the long dead ends. That connection would have to cross private property and is c ~ide of this plat. That property to the west of ~his plat is poor SQ_ls and there is a question of the buildability of any future lots on it. The Planning Commission has concurred with tbe concept and is recommending the connection of the access to Wittington Ridge. \ i Reguldr Andover Planniug and Zoning Commission Meeting Minute~ - May l~, 199u Page 6 " / (Sketch Plan - PUD - lliqhcingale Properties, Continued) E'lron Westlund, Wocdlan~ Developmenc, was concerned with the density issue, as he has a prop0s~d PUD sketch plan coming up in the next agenda icem. They have \"orked with PUDs in other communities. The increased density was a trade-off to the aesthetics and amenities added to the plat. Commission~r Apel felt that is part of the co~tract that would be negotiated with developers. The Commission determined that the original propo;al for this plac w~s for nine 2 1/2-acre lots; this PUD proposal is for 11 one-acre lots plus the open area. Commissioner Wells asked if there would be trails around the wetlands area and down to the fac~lities at City Hall, since it is so close. Sh~ was also concerne~ with the gas line easement through the plat. Mr. Haas stated trails would be done at the option of the: developer. The Comprehensiv~ Plan does call for a trail coming dc~m Nightingale along the existing shoulder. Mr. Carlberg didn't believe th~ developers were lookin~ at trails but at leaving the open space in its natural state under ~he care uf the associQtion. Mr. Haas stated no structure~ will be p~.:lc~d withi.1 ::he ~a2 line easerr.eat. The CGmmissicn gen.:ra:i.ly L.ked tl':e ?roposa 1 as !?res;:nted '::x~e~ls::m of !-~;:;."<:;n :::t::..,,,.-:t ..IJ.:i;:-rar~ts f~r:her ,:xploratic'=:,. -;:lac.z:d an. t:h~ i>l;:,y 21, 1'.~36. City Council ager:da. and felc the T!lis vlill be , / SKETCH PLA..V PI.,ANNE:D UNIT DEVELOPMENT FOR TIMBER RIVER ESTATES SECTIOflS 1 AND 12, TOf't""NSHIP 2S - WOOr.LAND DEVELOPMENT COMPAllY r~r. :t.."as r,~v i€:.../c:i -:t:e !~!:cpoaed .sket..:h plan or ':'irnber Ri ver Es~at~s loc,:;.~ed in Se<:o::i;:':1S ::.. ar,d l2, TO'Nnsnip 32, Range 24. The proposed Pl:mn~d Ur...i.t DevF.:lcpment is zon~d ~-1 and would consist of 85 lots, 2 outlets and 1 o:rk. The w~sterlv portion is located in the Scenic River District and ~no;;'her' pcrciun is affected by t:-.e floed plain district. rhe Fire D~part~en~ is ve~~ conce~ned that the weste~ly part of th: dev:lcpment does net p::-c,'ide a ~ec::::nd acces:s. The .ZU1dover Review Corr.mittee is recommending the existing cul-de -sac to the south be connected, which wculd also provid~ a second access to t~e existing ~eig~o=hood t~ the scu~~. ~hat por~ion of stree;: would ce outside the plao::. 2rni~ Pfannschmi~;: - explained this land has been in his family for g:n€:rati=n;;.;.f.~~ct:"01<n~ly called ";:n;~ happy hun::ing grounds". we=e approd=~ed ty s~v~~a~ ~evelope~s, buc th~y r~si~ced s~lling. r.a'J'e chosen 'tioCJdla:!d. De'\ielo~T.en: to develt:p ::he l3.,~d ::ecause bel~eve Woodland wil: do c~le be2~ jcb. four Th-=y Th:::'1 'Chey ~~r. C~rlber~ ex?:.~in~i ~~f1 ~a:'=a~iv~ pr~pa~~d by ~~~dland Deve:opme~: gi\res ~r:.e sccpe.:: -:...~ 1~=v.~'~::'C.. ..~_gai:l, :.h~ js':)u".; is ch-e de:lsity tJf the \?U'.."). :t-:: aSKed the C~m!1:..ssi.:lr. to :nak~ a recor.ime:'lcation.. j =-Y=':}:'l t'iestlund. Hcodl:m,i Dev.?lcpmen::, stated tr-.e 10t.5 will oe3. mi:1imum of :;0 fE~C wid~, a~ ~he ~~Eci for 'larianC2s ter dec~s as the Cornmissi.on Regular Andover Planning and Zoning Commission Meeting Minutes - May 14, 1996 Page 7 "\ ) (Sketch Plan - POD - Timber River Estates, Continued) addressed this evening should not be an issue. He explained that the density issue will affect what happens to this plat. When he determines density, he looks at the overall acreage, about 186 acres in this case, takes out what is needed for roads, leaving a net of 168 acres, and divides by 2 1/2-acre lots. That equals 67 lots for this plat. If th~ net acreage is used to calculate density as proposed by the Staff, 186 acres less the wetlancs and roads would net 120 acres. With the 20- percent increase in density using the criteria in the PUD ordinance, it still doesn't total the number of lots they could get platting to a xegular 2 1/2-acre subdivision. That is the concern they have. For this development, they proposed the overall acreage with a 1S-percent density increase based on three of the criteria, which equals 8S lots. Mr. Westlund stated they talked with the family who owns the property about the kinds of things they would like to see to make this attractive to the buyers and to the City. If they can get the 85 lots as proposed, they would be able co provide a number of amenities for the City, including a fully deve:loped park with a fishing peer, ball fields, playground equi?~ent, a trail system around the wetlands, landscaping, sedime:ntation ponds, etc.. They t~ied to clcster the lots around the op~n and wetland areas. There are minimum one-acre lots on the east end and larger four+-3cre lots along ~he Rum River. They were asked by ~taff to demonstrate the septic system requirements will be met on the ne-acre lots, and they have shown each lot can support a five-bedroom home with th~ required distance between the well and septic systems and provide both the p~imari and so?condary locat.ions for the septic systems. Mr. W~.!stlund w:lnted t.:> k:1oW t.he Commission's position on density, because th~y wo~l.j be g:~':ing a lot of. amenities and benefits to the City which cannot be done if the density is not allowed. Their proposal has a 2.~>acre density ove:::"o11, "ihi.ch is not that far from the norm. The amount of wetl.,mas in a plat is n:::;t an issue because lots would inccrporate t:he wetl a::.d in the standard :2 1/2 - acre lot development3. One of the incentives to go with a PUD was to be able to increase the different amenities ~ut into the plat. Utilizi:lg net acreage to determine acreage allows for a density too close to the scandard development of the district. He ''lould ~omp=omise with using gross ac~eage ~~ss the roads, divide by 2 1/2 and allow a densi~y increase of 5 percent for each of the four categories out.lined in the approved PUD ordinance. That ccmp=omise wtJuJd result in a 2.3-acre overall density for the development. In discussing the issue of density, Commissioner Ape1 felt it is a co~tractual agreeme~t ~etween che Ci:y and the developer, which means these icems have to be negotiable. Each parcel of land is different and it will not work to put ~estrictions in place. He did not think it would work to base the density on ne~ acreage as suggested by Staff. ,~he septic system and 39,OOO-sq.~are-foot re~~irement. will also dictate ~e number of 10cs in th~ ru~al area. Chairperson Squires could accept the gross acreage denaity concept knowing the Coun~i1 has th~ flexi=ility to say the PLT is not warranted because the criteria isn't met. Commissicner Barry didn't s~e a significant diffe~ence between the Regular Andover Planning and Zoning Commission Meeting Minutes - May 14, 19)6 Pa.g~ 8 "- , ) (Sketch Plan - POD - Timber River Estates, Continued) gross versus net acreage density calculations on this particular parcel. She had an overall concern with density on the road system, but agreed with the density based on gross acreage with each proposal reviewed on a case-by-case basis. MOTION by Barry, Seconded by Apel, to recommend the density for PUDs be based on gross acreage plus a total of 20-percent increase based ~n the four criteria in the PL~ ordinance. Motion carried on a 4-Yes, 3-Absent (Luedtke, Peek, Putnam) vote. In reviewing the sketch plan itself, the Commission strongly urged the developer to negotiate with the property owner immediately to the south to provide the second access out of the plat. Mr. Westlund stated they haven't addressed the ownership of the outlot yet, but because of the amenities and the invitation to all the residents of Andover, they would propose that all amenities be in City ownership. Understanding the issue of maintenance fc;r the City, they have agreed to do the maintenance for a period of time in other communities. Commissioner Wells suggested consideration be given to a small parking lot near an access to Outlot A, though she generally liked the layout a~ proposed. T~is item will be placed on the May 21, 1996, Council agenda. \ / OTHER BUSINESS Update of Cicy Council ActiQn - Mr. Carlberg updated the Commission on the acticr-s taken by the City Council on various items at the May 7, 1995 nlo:eting. Me tropcli tan Council Update - Mr. Carlberg reported the Metropolitan Counc~l has begun its review of the City's Comprehensive Plan, and June 17, 19S6, is the deadline. He understands the Plan will be placed on the June 13 agenda of the Metropolitan C-:luncil with their Staff recommending approval. Resident Concerns with Dogs and Weeds - Commissioner Wells noted the concerns raised in the Andover Times regarding dogs running lose and the weed issue. Mr. Ca~lberg reviewed the requirements and procedures as out.lined in the :10::iO.1S w:ed ordinance. That is enforced in the urban area. The prcblem in the ru:=al area is how much af the lot should the City re1Uire to be maintained. The A~oka Coun~y Animal Humane Society services the City \'lr,en <10'3':3 ..:lef~d t":> be picked up. The City also ha.~ community ,3erv:...::e cffic..ers ',.;ho .:an ECicilit:lte in that issue. MOTION by Wells, Seconded by Barry, t.o adjou:-:n. Motion carried on a 4- Yes, 3-Arsent ILuedtk~. ?eek, Futr.~~) vote. The meeting was adjourned at \~:~~~ M~lla A. Peac . Recording Secretary Regular Andover Park and Recreation Commission Minutes - May 2, 1996 Fage 2 \ / (Shadowbrook Preliminary Plat/Park Dedication, Continued) installed as a part of the developer's sidewalk construct~on as a part of the plat. It is not yet knowN whether there will be any other sidewalks in the development. Staff is still talking about that. He also noted that the City of Ham Lake called him regarding the trail system, as they are interested in connecting the trail and extending it in the future. They have' asked that this trail be extended to the City's border. In discussing the proposal, the Commission agreed with the need to conatruct a trail along Prairie Road and with the park dedication as prop~sed. They asked that the trail be i~stalled at the time of the project. Both Mr. Eaas and Mr. Gorham agreed. Chairperson Lindahl noted the recent concerns by residents of not enough parks in the larger developments and the overcrowded use of some of the tot lots. Since this is such a large development, he asked whether consideration should be given to co~structing a tot lot. Hr. Gorham stated the intent was to leave Parks 1 and 2 relatively undisturbed other than the trail to enjoy the beautifully wooded areas. He expected the homes to be in excess of $200,000 and the POD area to consist mostly of empty-nesters in houses priced $150,000 and above. He \did not anticipate a lot: of children in this development. . The other )Com:dssioners also noted the. 1=o~icy has been to ahy away from the tot lata because of the increased maintenance. They too felt that children in this subdi vision ~'Iould probably be older as opposed to toddlers because of tl:e '9~'icE:: rar..ge of tl:e h:>t:les. The s~nse of the Commission 'lias tho.t a tot lc t are:3. \1<15 not aecessary. It Wo.s also suggested that Park 3 is large enough to install one ball field and one soccer field, plus parking. MOTION oy K~effer, 8~:ur..ded by Pau]sofl, ~o approve the Shadowbrook plo.t as written for 5.5 percent of the gross area in upland park and 4.S percent for cash in lieu of land. Motion carried on a 6-Yes, 1-Absent (Erickson) vote. TIMBER RIVER ESTATES SKETCH PLAN Mr. Haas reviewed tte proposed 160-acre Planned Unit ~evelopment of Timber River Estates. The Park Comprehensive Plan calls for a neighborhood po.rk in this vicinity; a~d it was discussed at the time 0= thE: ne~ghboring plat that p".lrk land would be taken when this property develops. Byr::n H~s,:lur.d, Woodland Developl!!ent, explained they are wo:::king with ~~e S~e~i~ River re~uir~me~t~ alo~c ~UM River, the 2 1/2-acre minimum \:'o"C si::e ,:;.::d the wetlands on this pr:lpe:::":y. They a:::e prcJposin;:r a /PL.1::::c':i un:';: ~ev-=loplneD.t 0:: L';,ts r.hat would v3.r1' in si;:E: and a 10- to ll-ac:r~ Fo.rk alcJ:19 L'lc t'iver. T:,ere ia also considerable '::lpen space and .:1 l"rg-= wet2.a;1d iJ.rea thrc,u;hollt the entire complex where they ,.ould like to provide trails with benches and observation blinds. ?he park would Regular Andover Park and Recreation Commission Minutes - May 2, 1996 Page 3 \ I (Timber River Estates Sketch Plan, Continued) be improved with the PUD. They would like the park to be improved before people move in, including the ball fields, parking lot, picnic area, trails, possibly a fishing peer and, if possible, a canoe resting area. They hope to get the storm water into one area where it could become a pond and ha'Je a trail with, benches around. Mr. Starr stated the soccer associations are out of space and are looking for another full-sized field. Mr. Westlund stated they were looking at one or two softball fields but there should be ample space to construct a soccer field as well. The Commission liked the proposal as presented. THE MEAlJOWS OF ROUND LAKE PARA FENCING DISCUSSION Curt ~erry, 4061 146th Street, expressed concerns with the park in the Meadows of Round La.ke as the equipment is too big for the smaller children. He felt solid steps are needed and a rope climber could re?lace the other bar. Also, the slide should be lowered. The pc:.rk is used by many people and is very crowded. 't-Iary Quiring, 4090 146th Avenue, agreed that solid steps are needed that Jare more conducive to smaller children, plus a rope ladder on the other side. Mr. Starr stated if money is budgeted he could add on a few things at the exit points, but there is not a lot of room to add on without getting too clos: co the road. Commissioner Kieffer stated the intent was this park would be for toddlers and Pleasant Oaks would be for the older children. Mr. Starr stated he will have an equipment representative come to the site and make a reco~mendation to make the playground more conducive for toddlers. The Commission agreed. Mr. Perry then asked that a fence be installed across his and a neighbor's property to eliminate people and their dogs from wonderinJ onto private property. Some cities fence parks abutting private property as a matter of policy. The fence is for insurance and safety reasons. He ha3 two dogs, but people bring their dogs to the park and then unleash them. A fence would prevent the dogs from wondering onto his property. Ie would also eliminate the potential of a child being injured in the pa.rk but then coming onto his property claimin3' the injury occurred there. He estimated it ...,rould cost $500 for the fencing, and he and the neigtcbor w::lllld ]:Ie willing to install it. ~~ QuiriLg w~~ opposed to the fencing req~est. She did not see it as a safecy ~ssue. Also, there is a covenant in th~ Meadows of Round Lake \pla~, which poincs out on Page 17, Section 9, that fencing on private Jprcperty is not allowed. She didn't believe i~ should be allowed on public propercy either. The Andover residents turned down a park bond because they we~e concerned with spending their money wisely. She did noe consider fencing a wise use of City funds. \ / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, February 25, 1997 at the Oak View Middle School, 15400 Hanson Boulevard NW, Andover. Minnesota to consider the Preliminary Plat of the Planned Unit Development of "Timber River Estates" consisting of79 single family residential lots as being requested by Woodland Development Company located in Section 12, Township 32, Range 25, Anoka County, Minnesota. The property is legally described as follows: The South 5 rods of the North Half of the Northeast Quarter, Section 12, Township . 32, Range 25, Anoka County, Minnesota; excepting therefrom ParcellS as shown on the Anoka County Highway Right-of-way Plat No.4. j and The South Half of the Northeast Quarter, Section 12, Township 32, Range 24, Anoka County, Minnesota; excepting therefrom Parcel 14 as shown on the Anoka County Highway Right-of-way Plat No.4. and Government Lots 7 and 8, Section 12. Township 32, Range 24, Anoka County, Minnesota. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at the Andover City Hall and the Oak View Middle School for review prior to said meeting. u~/~ Victoria V olk. City Clerk Publication dates: February look 1997 , / February 21. 1997 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ J DATE: March t 8. t 997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning V Jeff John? I V j~ ';! \.-,/ ITEM NO. Ordinance No. 92 Adult Uses ~, Background Information Staff recently received a request from an individual wanting to open an adult novelty business in Andover. Upon review of our ordinances, it became clear that this type of use would be classified as a "retail trade and service" and would be permitted in "NB", "SC" and "GB" zoned districts. Staff reviewed ordinance No. 92 - Adult Uses (please see attached ordinance), and contacted other / surrounding communities and found out that adult novelty stores are classified as an adult use in their adult use ordinance. Currently, adult uses in Andover are allowed by a Special Use Permit in "GB" and "I" zoned districts. After further review of our adult use ordinance in comparison with other communities it is apparent that Andover's ordinance: 1) Lacks in terms of the numbers and types of adult uses. 2) Does not require adult use businesses to be licensed by the City. Request Staff would like direction from Council in regards to this matter. Staff has drafted an adult use ordinance (see attached ordinance) that brings our ordinance in line with other metropolitan communities. \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ / ORDINANCE 92 " AN ORDINANCE REGULATING THE LOCATION AND OPERATION OF ADULT USE BUSINESSES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: SECTION 1. PURPOSE The City Council of the City of Andover finds that there is an urgent need to prevent commercial exposure of minors to sexually explicit materials which are hereby declared to be harmful to minors. It is in the best interest of the health, welfare and safety of the citizens of the City of Andover that the dissemination of such materials be restricted to persons eighteen years of age or older and that the sources for such materials be restricted to areas deemed sufficiently distant from schools, day care facilities, residences, religious institutions, libraries, hospitals and publicly owned land. SECTION 2. DEFINITIONS \ ) A. Adult Use. Any of the activities and business described below constitute "Adult Uses" which are subject to the regulations of this ordinance. B. Adult Book and Media Store. An establishment having as a substantlal portion of its business (40% of utilized floor area) used for the display, sale or lease of books, magazines, films, videotapes or other media which are characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas". ~ _/ C. Adult Theater. An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" for observation by patrons therein. D. Adult Mini-Theater. An enclosed building with a capacity for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, including but not limited to private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpts of motion pictures offered for sale or rent, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" for observation by patrons therein. Ordinance , J E. Specified Sexual Activities. Any of the following conditions: (i) Human genitals in a state of sexual stimulation or arousal. " (ii) Acts or explicit representations of acts or human masturbation, sexual intercourse or sodomy, beastiality, oral copulation or flagellation. (iii) Fondling or erotic touching of human genitals, pubic region, buttock or female breast. (iv) Excretory functions as part of or in connection with any activities set forth in (i) through (iii) above. F. Specified Anatomical Areas Any of the following conditions: ( i ) Less than completely and opaquely covered: (a) human genitals, pubic region or pubic hair; (b) buttock, and (c) female breast below a point immediately above the top of the areola; and Human male genitals in a discernibly turgid state, even if opaquely covered. ( i i ) SECTION 3. GENERAL PROVISIONS Adult uses shall be permitted subject to the following requirements: 1. An adult use shall not be allowed within 1,000 feet measured in a straight line from the building or edge of leased building space to another existing adult use. 2. An adult use shall not be located within 500 feet measured in a straight line from the building or edge of leased building space to the property line of any R-l, R-2, R-3, R-4, R-5, M-l, M-2 or property in a planned Unit Development which is or projected to be residential. 3. An adult use shall not be located within 1,000 feet measured in a straight line from the buildings to the property line of any existing school, place of worship, hospitals, libraries, day care facilities or park land. 4. An adult use shall not sell or dispense non-intoxicating or intoxicating liquors. \ / 5. No adult use establishment shall engage in any activity or co~duct or permit any other person to engage in any activity or conduct in or about the adult use establishment which is prohibited by any ordinance of the City of Andover, the laws of the State of Minnesota or the United States of America. Ordinance \ Nothing in this ordinance shall be construed as ) authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors. 6. No adult use shall be conducted in any manner that permits the observation from any property not approved as an adult use of any materials depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" by any visual or auditory media, including display, decoration, sign, show window, sound transmission or other means. 7. All adult uses shall prominently display a sign at the entrance and located within two feet of the door-opening device of the adult use establishment or section of the establishment devoted to adult books or materials which states: "This business sells or displays material containing adult themes. No One Under 18 Allowed." Said sign shall have letters at least 3/8" in height and no more than 2" in height. 8. No person under the age of 18 shall be permitted on the premises of an adult use establishment or be permitted access to material displayed or offered for sale or rent by an adult use establishment. SECTION 4. PENALTIES Any person, firm or corporation violating any portion of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as defined by State law.. SECTION 5. 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 lq th day of June , 1990. CITY OF ANDOVER ct~ng Mayor / .' ATTEST ~& V~ctor~a Volk, City Clerk \ , r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. 92A AN ORDINANCE AMENDING ORDINANCE NO. 92, AN ORDINANCE REGULATING THE LOCATION AND OPERATION OF ADULT USES IN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 92 is hereby amended as follows: SECTION 2. DEFINITIONS " / B. Adult Book and Media Store. An establishment having either fifteen percent (15%) or more of its stock/inventory or fifteen percent (15%) or more of the floor area or exceeding 1.000 square feet substantial portioA. of its basiness (10% of the utilized floor aFeaj-used for the display, sale or lease of books, magazines, films, videotapes or other media which are characterized by their emphasis on matter depicting, describing or relating to "Specific Sexual Activities" or "Specified Anatomical Areas". An establishment that offers for display. sale or lease the foregoing matters which does not meet this definition shall still be required to display signage at the entrance of the section devoted to adult materials as provided in Section 3.(7) of this ordinance and enclose said section so as not to be visible from the rest of the media store. NOTE: All other sections and subsections 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 this 2nd day of April, 1996. ATTEST: CITY OF ANDOVER , ',~ 1.;/ (J 'i' t. )/',./.1:'. ,1kA'~ ;i. E. McKelvey, Mayo{ /' ' (L~ (/~ Victoria V olk, City Clerk , ) , J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 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: Section 1. Purpose and Intent It is the purpose of this ordinance to regulate adult use businesses to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to: I. Prevent additional criminal activity within the City of Andover. 2. Prevent deterioration of neighborhoods and its consequent adverse effect in real estate values of properties with the neighborhood. 3. To locate adult use businesses within certain areas of the City. 4. Prevent concentration of adult use businesses within certain areas of the City. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Section 2. Definitions. Adult Use/Adult Use Business Any of the businesses and activities (offering services, entertainment, or the sale of merchandise) described in this definition constitute an "adult use" and are subject to the regulations of this ordinance. \ / Adult Book and Media Store. An establishment having either fifteen (15) percent or more of its stock/inventory or fifteen (15) percent or more of the floor area or exceeding 1,000 square feet used for the display, sale or lease of books, magazines, films, I J videotapes or other media which are characterized by their emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas". An establishment that offers for the display, sale or lease of the foregoing matters which does not meet the definition shall still be required to display signage at the entrance of the section devoted to adult materials as provided in Section 4 of this ordinance and enclose said section so as not to be visible from the rest of the media store. Adult Cabaret. An establishments which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age or if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction, or description of "specified sexual activities" or "specified anatomical areas". Adult Hotel or Motel. A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas". J Adult Mini-Motion Picture Theater. (1) A theater in an enclosed building, from which minors are excluded, with a capacity for less than fifty (50) persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas". (2) Any business which presents motion pictures, from which minors are excluded, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas", for viewing on the premises, including but not limited to private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpts of motion pictures offered for sale or rent. Adult Modeling Studio. '\ ) An establishment, which excludes minors, whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in 2 / "specified sexual activities" or display "specified anatomical areas", while being observed, painted, painted on, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. Adult Motion Picture Arcade. Any place which excludes minors wherein coin or token operated or electronically, electrically, or mechanically controlled or operated still or motor picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at anyone time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas". Adult Motion Picture Theater. A theater in an enclosed building, from which minors are excluded, with a capacity of fifty (50) or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but not limited to film and videotape, having a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. / Adult Novelty Business. A business, from which minors are excluded, which sells, offers to sell, or displays devices which stimulate human genitals or devices which are designed for sexual stimulation. Minor. Any person under the age of eighteen (18) years. Specified Anatomical Areas. Specified anatomical areas are any of the following conditions: (1) Less than completely and opaquely covered: '\ .' (a) human genitals, pubic region, or pubic hair; (b) buttock; and (c) female breasts below a point immediately above the top of the areola; and 3 . " J (2) Human male genitals in a discernibly turgid state, even if opaquely covered. Specified Sexual Activities. Specified sexual activities are any of the following conditions: (I) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between human beings and an animal. (2) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed. (3) Masturbation or lewd exhibitions of the genitals including any explicit, close-up representation of a human genital organ. (4) Physical contact or simulated physical contact with the clothed or unclothed public areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. / Section 3. Application of Ordinance. No adult use business shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the adult use business which is prohibited by any ordinance of the City of Andover, the laws of the State of Minnesota, or the United States of America. Nothing in this ordinance shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinance prohibiting the exhibition, sale, or distribution of obscene material generally, or the exhibition, sale, or distribution of specified materials to minors. Section 4. General Provisions. Adult uses and adult use businesses shall be permitted subject to the following requirements: Hours of Operation " / No adult use business shall be open to the public from the hours of 11 :00 p.m. to 8:00 a.m. 4 Location , / 1. An adult use shall not be located within five hundred (500) feet measured in a straight line from the building or edge of leased building space to the property line of any residential zoning district (R-l, R-2, R-3, R-4, R-5) or multiple dwelling zoning district (M-I and M-2) boundary or property, or in a Planned Unit Development which is or projected to be residential. 2. An adult use shall not be allowed within one thousand (1,000) feet measured in a straight line from the building edge of leased building space to another existing adult use. 3. An adult use shall not be located within one thousand (1,000) feet measured in a straight line from the buildings to the property line of any existing school, place of worship, hospitals, libraries, day care facilities or park land. Operation 1. No adult use shall be conducted in any manner that permits the observation from any property not approved as an adult use of any materials depicting, describing or relating to "specified sexual activities" or specified anatomical areas" by any visual or auditory media, including display, decoration, sign, show window, sound transmission or other means. / 2. All entrances to the business, with the exception of emergency fire exits which are not usable by patrons to enter the business, shall be visible from a public right-of- way. 3. The layout ofthe display areas shall be designed so that the management ofthe establishment and any law enforcement personnel inside the store can observe all patrons while they have access to any merchandise offered for sale or viewing including but not limited to books, magazines, photographs, video tapes, or any other material. 4. Illumination ofthe premises exterior shall be adequate to observe the location and activities of all persons on the exterior of the premises. Sale of Liquor An adult use shall not sell or dispense non-intoxicating or intoxicating liquor. Signs \ / All adult uses shall prominently display a sign at the entrance and located within two (2) feet ofthe door opening device of the adult use establishment or section of the 5 / establishment devoted to adult books or materials which states: "This business sells or displays material containing adult themes. No one under 18 years of age allowed." Said sign shall have letters at least 3/8" in height and no more than two (2) inches in height. Section 5. License Required. No adult use business shall be operated or maintained in the City of Andover without first obtaining a license to operate issued by the City. A license may be issued for only one adult use business located at a fixed and certain place. Any person, partnership or corporation which desires to operate more than one (1) adult use business in the City shall have a separate license for each such business. No license or interest in a license may be transferred to any person, partnership or corporation. Section 6. Application for License. Any person, partnership or corporation desiring to secure a license shall make application to the City Clerk. The application for a license shall be upon a form provided by the City and shall include the following information: I 1. Names, addresses and birth dates of applicant; 2. Proof that the applicant is at least eighteen (18) years of age; 3. Address of the adult use business to be operated by the applicant; 4. Kind, name and location of every business or occupation applicant or spouse has been engaged in during the preceding ten (10) years; 5. Whether the applicant has ever been convicted of a felony involving sexual conduct, or the use or distribution of a dangerous weapon. If the answer to the last is yes, state the jurisdiction in which the offense or offenses occurred. The applicant may attach any explanation he or she deems appropriate; 6. Representations as to the applicant's character; 7. Whether the applicant is the owner and operator of the business and if not who is; 8. If the applicant is a corporation, the name ofthe corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all share holders owning more than five (5) percent of the stock in said corporation and all officers and directors of the corporation; and , / 6 , 9. A sketch drawing or diagram (drawn to scale) showing the configuration of the premises, including a statement of total floor space occupied by the business. / 10. Other such information as the City Council may request or require from time to time. Upon a completed application for a license, the City Clerk shall submit the request to the City Council for approval or denial. No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. Each licensee shall have a continuing duty to properly notify the City Clerk of any change in the information or facts required to be furnished on the application for a license. This duty shall continue throughout the period of the license and failure to comply shall constitute cause for revocation or suspension of the license. Section 7. Standards for Issuing Licenses. To receive a license to operate an adult use business, an applicant must meet the following standards: / 1. The applicant or his or her spouse has not been denied a similar license by any other City, County or State within the preceding twelve (12) months or has not had such a license revoked or suspended within the preceding twelve (12) months. 2. All current real estate taxes have been paid on the licensed premises. 3. The licensed premises meets all the provisions of this ordinance as well as all building and fire codes. 4. The applicant or spouse has not been convicted of any felony involving moral turpitude, prostitution, obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by State law, or the use or distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the applicant. Section 8. License Fees. " Each application for a license shall be accompanied with a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the general fund. Upon rejection of any application for a license, the City Treasurer shall refund the amount paid. j 7 \ / All licenses shall be issued for a period of one (1) year and shall expire on the last day of December each year. The fees for licenses are established by City Council resolution and shall not be prorated. The application for renewal of any existing license shall be made at least ninety (90) days prior to the date of the expiration ofthe license. Section 9. Display of License. The license shall be displayed in a conspicuous public place in the adult use business. Section 10. Revocation of License. The City Council shall revoke a license for any of the following reasons: 1. Discovery that false or misleading information or data was given on any initial or renewal application or material facts were omitted from any such application. 2. The operator or an employee of the operator violates any provisions of this ordinance or any rule or regulation adopted by the City Council pursuant to the ordinance, provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee the penalty shall not exceed a suspension of thirty (30) days if the City Council finds that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge. i 3. The operator becomes ineligible to obtain a license. 4. Any cost or fee required to be paid by this ordinance is not paid. 5. Any non-intoxicating or intoxicating liquor is served or consumed on the premises of the adult use business. The City Council, before revoking or suspending any license, shall give the operator ten (10) days written notice of the charges against him or her, and an opportunity for a public hearing before the City Council at which time the operator may appear with or without counsel and may present such evidence and witnesses as he or she deems appropriate. The transfer of a license or any interest in a license shall automatically and immediately revoke the license. \ / Any operator whose license is revoked shall not be eligible to receive a license for one (1) year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult use business for six (6) months from the date of revocation of the license. 8 \ ) Section 11. Responsibilities of Operator. 1. Every act or omission by an employee constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval ofthe operator, or as a result ofthe operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission. 2. Any act or omission of any employee constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed. 3. No employee of an adult use business shall allow any minor to loiter around or to frequent an adult use business or to allow any minor to view adult entertainment. 4. The operator shall maintain the premises in a clean and sanitary manner at all times. 5. The operator shall maintain at least ten (10) foot candles oflight in the public portions or the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles, provided, however, at no time shall there be less than one (1) foot candle of illumination in said aisles as measured from the floor. ./ 6. All business transactions shall occur within the licensed building. 7. No employees shall have been convicted of any felony involving moral turpitude, prostitution, obscenity or other crime of a sexual nature or involving the use or distribution of a controlled substance as defined by State law, or the use or distribution of a dangerous weapon. The fact that a conviction may be under appeal shall not affect the disqualification of the employee. 8. The operator shall ensure compliance of the establishment and its patrons with the provisions of this ordinance. Section 12. Exclusions. ,I All public and private schools located within the City of Andover are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum. , , 9 ) Section 13. Severability. , If any section or portion of this ordinance is deemed invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not effect the other sections or portions of this ordinance. Section 14. Enforcement. Members of the City of Andover Police/Sheriff Department, the Fire Marshal, or designee, the Building Official or designee and the Zoning Administrator or designee, 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. Section 15. Penalty. Any individual, partnership or corporation who is found to have violated the provisions 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 ofthe City of Andover on this _ day of 1997. \ ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor " / 10 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: March 18. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ~Odd Haas, Engineering ITEM NO. Discuss Removal of Stop SignslYukon Street & 140th Avenue CJ. The City Council is requested to consider ordering the removal of stop signs at the intersection of Yukon Street NW and 140th Avenue NW. The stops signs at this location for northbound and southbound do not meet the warrant for the installation of stop signs as identified in the Manual on Uniform Traffic Control Devices (see attached). If you recall, illegal stop signs were removed just to the west of here in the same neighborhood which were approved for removal by the City Council. J The City Council may want to consider the following options: 1. Order removal of the stop signs for the northbound and southbound traffic only. The stop signs for eastbound traffic for 140th Lane NW approaching Yukon Street NW would remain. 2. Table item and notify property owners within 350 feet of the intersection and allow comments from the public at the next meeting. 3. Do nothing. Note: There will be other illegal stop signs that will need consideration over the next 6 years as each zone is completed. These will be forwarded to the City Council as the zones are being updated. Staff has contacted the Anoka County Sheriffs Department and no accidents have been reported at this intersection. Also included are traffic counts taken at the intersection. J '~~'8 ,~1;~ . 15 ' I ' ~ ~"l I I I 11;-/2 1/1_., 18~ KAOLEC .. E~lJT;S . 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F"~ == ,,-. i I ~l I \' . ~ ','IS, "'~ ,P:<. .~~ I II t..~t d" ~~f". I~ 11II ~ ,,:1,1,: '. . i~ . ::"' 'I~" _ U Ilf ~--W-'P.l]k.:IN:A I7T; ._,. :;::;; I ~ _ ^ . . M_" "il/.. ~ I". .UT'.... ...-......] ?S' f::' R:. /J, Q.7;f' . ~ f-i ~!'~ .......:..; :" ~~~~ ~ ~ ~ : f WAT~~ iE'a: ".::1" I - I '-Y'.. He) . ~ ~ f~~;, I 6AR.DEN I ACRES.~ i I - - ",. ~ ~ fY.~ . j-- ,', '-- -- ---- "" 1 I , .' .\~ ~ sua; 0... ":"')pr.~~";l:e;;'I.I-I.):~J:"" 1Ji~~ ----~- ~~ r- d ~~'\.r-\'.'..n. 41! !!- c,p .. ".....,~"i ~: I '!'ADO.i'JI~j'.' PHtASANTlI II ::U1C~ ~'t:::: j ,,' r-.., L - . ..- 'II ~'~ " ~~' . .' "" .. . I ,,:. '1. - / . .. "." "'.'".:". "".. ~~ I 00". l 9. '-':~ ,0 ~oo.~ ,,"'" '" ~i-I' .~ ""1""....1/07 .7"0 ~. j ~'.C~ ~ . :". "; ',1+ ;;, :~, r I.~! i ~ I'; ,~,~Of.1:' ::: I I ~? \ ~ IG:,o .., ~,~ ,al"ti-r,:"""'1I'"'.r~~L_o.~'''' ::: zv.:r.:{"I1H:=~I~. I ~7 ~,r "" lri""".~ 0'. ,," II" ..... _____ ............;.:.-; /_01l.0...L....:' ''"I I, 'e-J'''' u..' ~ ~ I CITY :,;;- COON ['lj:o,F"lDS:-f.\r'iOf0:\ G0.~ J '\ / ALL-WAY STOPS CHAPTER, 15 ) .~\ The Manual on Uniform Traffic Control Devices (MUTCD) and Traffic Engineers Handbook (TEH) have established specific warrants for installation of 4 way or all way stops. These warrants were developed to assist in determining whether or not 4 way stop signs could help assign right of way at higher volume intersections reduce an acci- dent problem, or fill in as an interim measure until traffic signals could be installed. Con- siderations outside established warrants are restricted inters~ction sight distances, and school crossingS. Studies have shown that 4 way stop signs are not an effective technique for controlling speeds and should not be ,. ~ed to reduce traffic volumes, or simply to . satisfy citizen demands. It should be remem- bered that stop signs constitute one of the most significant means of separating and controlling traffic movements and should be carefully considered. Effects Volumes. Four-way stop signs produce no net reduction of traffic volumes if traffic is primarily local in make-up. Where there is existing shortcutting thru traffic, stop signs may reduce volumes; however, the effective- ness of the 4-way stop as a deterrent to thru traffic is dependent on stop sign saturation, heavy enforcement and the availability of useful alternative routes. Often the alterna- tive route is another adjacent residential ;_ street, and problem traffic is merely dis- , ) placed, not eliminated. Neighborhood Traffic Control January 1994 15-1 Speeds. Studies have typically shown 4-way stops do not have a significant impact on vehicular speeds. Overall area speeds have shown minimal reductions near the intersec- tion. In midblock areas, where most acci- dents involving young pedestrians occur, speed increases are frequently the resull Safety. It is not clear whether 4-way stop signs will improve safety when they do not meet established warrants. In some cases accidents actually increase, possibly due to the stop signs being unexpected or deemed unnecessary thereby encouraging rolling stops, or by instilling a false sense of security in crossing motorists and pedestrians. Studies have shown that stop signs that do not meet warrants are basically ignored by many drivers. Also as mentioned before, speeds tend to increase in the mid block areas'where most young pedestrian accidents occur. However, if warrants are met or where sight distances are poor - an all way stop may increase safety. ) - -Traffic Noise, Air Quality; Energy Consump- tion. Noise is increased near the intersectio"n due to the increased activity of acceleration (many drivers speed up to make up for time lost at the stop sign) and added braking. Ad- jacent residents may complain about the addi- tional noise. Air quality is worsened and fuel consumption is increased due to added deceleration, ac- celeration and idling. Unnecessary stops reduce the efficient movement of traffic flow, by increasing travel time on the route. Community Reaction.. Mixed. Some resi- dents would feel "anything is better than noth- ing" or are misinformed about the potential impacts. Some view this measure as a safety improvement. Others view this measure as an unnecessary impediment to reasonable move- ment thru the area and an encouragement to "blow the stop signs" in the area. Many resi- dents in the immediate vicinity of all-way stop , / signs view them in a positive manner. It is up to traffic engineers or other governing agents to responsibly determine the best traffic con- trol under the specific circumstances based on reasonable guidelines. AdditiorIill Considerations Installation of all-way stop signs is often used by a governing body as an immediate, tan- gible and inexpensive response to a neighborhood's concern about safety on a local residential street. The use of stop signs creates a solution which is one of perception rather than effective improvement. This misuse of stop signs should be resisted by the local traffic engineer and governing body. Some studies have shown that the warrants for stop signs can be expanded to include 'other considerations such as presence of / Neighborhood Traffic Control January 1994 15-2 designated school crossings' and slg tance problems. The failure to follow the es- tablished warrants, to install stop signs _~' without specific justification, may have legal (' , implications to the local government agency. ...........................-.. i::::::::;:::::::::::::::::::i::i:':::::::::::::::::::::::::::::::::{::::::::::::\'::::::::':':::::::::{::::;:::::::::::::::::::::::;:m::,iE:ititiIi:ii( 'h'h'h'hhh'h""'Wamvttsjor/All",WayStppsh"h"hhhhh'''' Reference Manual on Uniform Traffic Control Devices . , STOP e . ,. [~) (~J 11-1 30H X 30" 11-3 12" x: 6" 11-4 11"x 6" 2B-4 Stop Sign (Rl-l) STOP signs are intended for use where traffic is required to stop. The STOP sign shall be an octagon with white message and border on a red background. The standard size shall be 30 x 30 inches. Where greater emphasis or visibility is required, a larger size is recommended. On low- volume local streets and secondary roads with low approach speeds. a 24 x 24 inch size may be used. At a multiway stop intersection (sec. 2B-6). a supplementary plate (Rl-3) should be mounted just below each STOP sign. If the number of approach legs to the intersection is three or more, the numeral on the supplementary plate shall correspond to the actual number of legs. or the legend ALL-WAY (Rl-4) may be used. The supplementary plate shall have white letters on a red background and shall have a standard size of 12 x 6 inches (Rl-3) or 18 x 6 inches (Rl-4). A STOP sign beacon or beacons may be used in conjunction with a STOP sign as described in section 4E-4. Secondary messages shall not be used on STOP sign faces. . . 2B-5 Warrants for Stop Sign Because the STOP sign causes a substantial inconvenience to motorists. it should be used only where warranted. A STOP sign may be warranted at an intersection where one or more of the following conditions exist: 1. Intersection of a less important road with a main road where application of the normal right-of-way rule is unduly hazardous. 2. Street entering a through highway or street. 3. Unsignalized intersection in a signalized area. 4. Other intersections where a combination of high speed. restricted v!ew, and serious accident record indicates a need for control by the STOP . sIgn. Prior to the application of these warrants. consideration should be given \ to less restrictive measures, such as the YIELD sign (2B-7) where a full R.... 91 M 26-2 n-_ Rev. 3 .stop is not necessary at all 'times. Periodic reviews of existing installations may be desirable to determine whether, because of changed conditions, ". the use of less resmd'ctive conftfrol or no control could accommodate traffic demands safely an more e ectively. STOP signs should never be used on the through roadways of expressways. Properly designed expressway interchanges provide for 'the continuous flow of traffic, making STOP signs unnessary even on the entering roadways. Where at-grade intersections are temporarily justified for local traffic in sparsely populated areas, STOP signs should be used on the entering roadways to protect the through traffic. STOP signs may also be required at the end of diverging roadways at the intersection with other highways not designed as expressways. In most of these cases. the speeds will not warrant any great increase in the sign sizes. STOP signs shall not be erected at intersections where traffic control signals are operating. The conflicting commands of two types of control devices are confusing. If traffic is required to stop when the operation of the stop-and-go signals is not warranted, the signals should be put on flashing operation with the red flashing light facing the traffic that must stop. Where two main highways intersect, the STOP sign or signs should .ormally be posted on the minor street to stop the lesser flow of traffic. Traffic engineering studies, however, may justify a decision to install a . STOP sign or signs on the major street, as at a three-way intersection where safety considerations may justify stopping the greater flow of traffic to permit a left-turning movement. STOP signs may be used at selected railroad-highway grade crossings only after their need has been determined by a detailed traffic engineering study. Use of the STOP sign at railroad-highway grade crossings is described in Section 8B-9. Portable or part-time STOP signs shall not be used except for emergency purposes. Also, STOP signs should not be used for speed control. 2B-6 Multiway Stop Signs The "Multiway Stop" installation is useful as a safety measure at some locations. It should ordinarily be used only where the volume of traffic on the intersecting roads is approximately equal. A traffic control signal is more satisfactory for an intersection with a heavy volume of traffic. Any of the following conditions may warrant a multi way STOP sign installation (sec. 2B-4): .. 1. Where traffic signals are warranted and urgently needed, the -..rnultiway stop is an interim measure that can be installed quickly to . control traffic while arrangements arc being made for the signal installation. 2B-3 ReY.9/8-4 .' VlII-S (e) R...2 TRAFFIC RECORDER DATA SHEET ~... ./~;~ Y ~ i(tJ f1 - S r )J.~ COUNT BEGINNING DATE /0 . ~.. ') 6 COUNTY IhuoKA- STATION. NO.1? ..j' DATA BY ~ '\ DATE 16 ' ~ /o'jtJ It; -1/ AVERAGE of COUt~T DAY MON TUE WED THUR FRI SAT SUN WEEKDAY WEEK END 12-IAM 1- 2 2-3 3-4 . 4-" .1__ r I ~~-~..- -- -- _.----+~ '------- i 5_-~ - -- 6-7 7-8 0 6'117 6~ .2. .8-9 J 9 -jO 10-11 II-I~N 12- I 1-2 I >- - - ----'---- ; 2- ~ 3-4 4-!'i 5-6 S-7 7-8 8- 9 9-10 10-11 II -12M TOTAL SKETCH \,L CD 'r-<""~ N .s; '::t- .. ~ \n -1 .' i~lJ-#-1I~ I)W +-- -- i I AvERAGE DAILY TRAFFIC Remarks: C "t-I.n-l'(;y ~,? 1).,& /9&'-/,4 /'tf)S ,(),W ~0 '7S"' e>A..) A..It.' ~-rll U LJ. KoIU v RECORDER TYPE: HR 0 MR 0 AR C .,.. -u ..,I"'" -..nC" ..1"'\ e"" ~ ,.'" PORTABLE TRAFFIC RECORDER DATA SHEET ,40CATlON Y t..{ If ,,;tJ S, It) tJ V i / COUNT BEGINNING CATE I tJ - f - '76 COUNTY flNtJ~11- STATION. NO. #> j., DATA BY '~ DATE / r)-7 /l>-/f) /1) -II AVERAGE of COUt~T CAY MON rUE WED THUR FRI SAT SUN WEEKDAY WEEK END 12-IAM 1-2 2-3 3-4 . 4-" -.---4- I :..-.-~- -_. --- -. .- '------- i 5-6 I - -- 6-7 7-8 0 J8"J-. t.1(./~ ;8-9 9-JO 10-1' 1I-12N 12- I 1-2 I --- -----_. ; 2- ~ 3-4 +-- -- j 4-5 5-6 6-7 7-B B- 9 9-10 10-11 II -12M TOTAL SKETCH I G I '!IJ .;" A-U~ I'UI ~ -, * ~ /'l~ -;:J~ CD N AvERAGE DAILY TRAFFIC Remarks: ~ ~ ~ 7C'" I iJO-f# ,4-/../F- t91 uJ E~ r y q k'dt\, sr MW._ ..s ".-......;;{A._ "r- :s IDS. t:Jr , RECORDER TYPE: HR 0 MR 0 AR C ., .. .. L.I ..,""" -.Oc::'" ..'" c:"''' c::'" ,....." ""'/uUT 29i76 ,;1.711 , . PORTABLE TRAFFIC RECORDER DATA SHEET , /rt) 7#1JI!.;):J LOCATION - /o-a--9t COUNT BEGINNING DATE L COUNTY /JAltJ k ff DATA BY __$ - --=,",_ J ~ STATION. NO. .1 I I J !).,'p .46 ItN/-?& DATE /0-'1- 9 {, AVERAGE of COUt~T DAY MON TUE WED THUR FRI SAT SUN WEEKDAY WEEK END 12-IAM 1- 2 2-3 3-4 - . 4-" r I =....--"":- 1-- - -- -. -- -.--4~ '---,--- i 5-e; I - -- 6-7 7-8 0 .2. C; I .J 0 ;1.. , 8-9 I 9-JO 10-11 1I-12N 12-1 1-2 ~-- !---- I .- L-- +-- 1--- -- . -...---- ... ; 2-~ i - -- 3-4 4-~ 5-6 1=:-7 7-8 8- 9 9-10 10- II II -12M TOTAL SKETCH Cf) AvERAGE DAILY TRAFFIC J .' ~ Remarks: 0o~n-:'e.... A/ ,,-#: I 7.s-" wc:~r N tJ;: vlukoA/ 0,(".1 S' 0 u ,/'I- S /j)E' , j qt> -+H A'f~ 1)1.1 ~ Ar- 'I <1t)./oJ-' A-Pc 0 ~ z. lh. - C014fl+tr I . ' N~jlfl RECORDER TYPE: HR [J MR [J AR 0 ".'-U.'''''''''' -. ..,.. c:"'f' C'" "',^ 0<:' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ / DATE: March 18. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ~~t Erickson, Engineering ITEM NO. Appoint Coon Creek Watershed District Member 10. The City Council will need to forward a list of 3 candidates (minimum) to the Anoka County Board of Commissioners to fill the vacancy created on the Coon Creek Watershed District Board by Mr. Bob Boyum's recent resignation. The position was advertised by Anoka County in the Anoka Union. City staff has not received any calls of interest in the position nor has Anoka County according to Assistant County Attorney Pamela McCabe. If the Council has candidates you wish to nominate or wish to identify from the attached list provided by Kathy Tingelstad, they will need to be forwarded to the County by March 27, 1997. '\ / '\ i vl rlmtwood St. NW Andover, MN 55304 (612) 434-7792 \ -~\-"'t7 '" 'f(Lc.rY\l\ \..(/.\ Th'1 \\1''\ \'I.-( S"'~ :;;;l- '1'6 - 5" 3 b Y (Lc ':;' V (;, b ~ 71 \fY\().. c...c Lv 0 ?:ob - " @ t-~ \.L I (. 5')"- 'Z3S-/ @ G'Qt~ ~-J4K.. } '-\."3~ - s-DD3 @) OOV cr fYj fOL-Y I 4~,-/- 'to'fD (g) J~(t101 D 2- +f 2J n't)t/L J 3~3 -'1'=tLb G) CA <LDL B rwSl-tr I L( .;}. \ ~ \ 66 3> G) btlAe-L ~M5~Y ) t SS"- lf9 Lf {. , , \ , J - 14681 Lawndale Lane Dayton, MN 5532; (612) 421-2941-: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: March 18 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT 1"S~~ Scott Erickson, Engineering ITEM NO. Discuss Financing/97 -3 & 97 -4/Cracksealing & Sealcoating I\. The City Council is requested to approve additional funding for the 1997 crackseal and sealcoat projects. Budgeted in the general fund is $210,000 for these yearly maintenance improvements. The Engineer's estimate for these projects is $350,000. The actual cost for these improvements will be obtained through the bidding process. The Council is requested to authorize the additional funding to be utilized from the In-House MSA Fund. This item is being requested of the Council at this time in order for the funding sources to be identified prior to Council award of these projects. These projects are currently being advertised for bids. The bids will be presented to the Council for approval at the April 1, 1997 Council meeting. , i / This is the second year of the seven year sealcoatlcrackseal program previously adopted by the City Council. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ i DATE: March 18. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ~ Todd J. Haas, Engineering ITEM NO. Discuss Rolling Meadows Estates/GradinglDrainage/Erosion Control Plan fd-. The City Council is requested to approve the revised grading/drainage/erosion control plan as requested by TSM Development, Inc. The plan has been proposed to be revised by the developer to allow the lowest floor to be lower than the mottled soil which they can do as long as the proposed floor elevations are 3 feet above the highest anticipated water table. The consulting geotechnical engineer hired by the City is in the process of reviewing the revised plan. We hope to have information available for the City Council for review at the meeting. , / '. / i CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE REVISED GRADING/DRAINAGE/EROSION CONTROL PLAN OF ROLLING MEADOWS ESTATES AS BEING DEVELOPED BY TSM DEVELOPMENT. INC. IN SECTION 12, TOWNSHIP 32, RANGE 25, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has revised the revised grading/drainage/erosion control plan; and WHEREAS, Resolution No. 266-95 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading/drainage/erosion control plan with a revision date of March 14 1997 / NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading/drainage/erosion control plan. Adopted by the City Council of the City of Andover this 18th day of March, 19 .9L. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk " j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION i DATE: March 18 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Item ~JX JvtV -9' Scott Erickson, ITEM NO. Engineering Approve Plans & Specs/95-14/Crooked Lake Boulevard 13. The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for Project 95-14, Crooked Lake Boulevard for streets, watermain, storm and sanitary sewer construction. Specifications are available in the Engineering Department for review. Mr. Steve Gatlin of Maier Stewart & Associates, consultant for this project, has indicated that the municipal state aid office is requiring that the City will need to obtain drainage and utility easements from the property owners downstream of the stormwater discharge pipe at the intersection of Bunker Lake Boulevard and Crooked Lake Boulevard. The three property owners affected are Mr. Ken Grttel, Mr. Charlie Vieman and Mr. Wayne Davids. This information has only recently been provided to us, so we will be pursuing obtaining the necessary easements from the property owners. i , j 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. 95-14 . IN THE AREA OF CROOKED LAKE BOULEVARD FOR STREETS. WATERMAIN. STORM AND SANITARY SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 038-97 ,adopted by the City Council on the 18th day of February. 19----9L. Maier-Stewart and Associates has prepared final plans and specifications for Project 95- 14 for streets watermain. storm and sanitary sewer construction. WHEREAS. such final plans and specifications were presented to the City Council for their review on the 18th day of March , 19---9.L. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. " I / 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 , Thursday. April 24 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 18th day of March . 19 97 . with Council members favor of the resolution, and Councilmembers said resolution was declared passed. voting in voting against, whereupon CITY OF ANDOVER A nEST: J.E. McKelvey - Mayor \ , J Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: March 18. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Administration Richard Fursman ITEM NO. ?~,CUSS Letter/Crooked Lake Area Association Summary: The residents of Andover living on Crooked lake are faced with three issues for the council to consider. Lake residents are battling the reemergence of Eurasian Milfoil. High volume of traffic on the lake is causing a concern for safety. Improving the water quality of the lake is another concern. 1. Dealing with the reemergence of Eurasian Milfoil: Late last summer the DNR found milfoil growing in a number of locations. The lake association is looking into the possibility of hiring a private contractor to provide for a maintenance and control program. Request: Financial assistance to hire contractor. Questions for association: - Is the City of Coon Rapids willing to help as well? - What is the estimated cost of the program? - What level of assistance is being requested? City resources available: Contingency Fund. Present Balance = $35,000 2. Safety on the Lake: High speeds and lake congestion are a serious problem. A major contributor to the problem are the number of visiting water craft. The boat launch and trailer parking area provides room for four (4) trailers. The limited parking was intended to control the number of motorized craft on the lake. Presently, numerous boaters park across the street in the school lots and in residential areas. Request: Association members are requesting the council consider an ordinance which would prohibit the parking of boat trailers without boats in school lots, or within 1000 feet of the launch (exceptfor private property). 3. Improving water quality: Runoff from streets and yards is hard on the lake. Early sweeping of the streets in the area can reduce the amount of pollution entering the lake and streams. Request: Sweep roads in watershed area for the lake as soon as possible in the spring, and then again after the leaves fall. i Note: Plans are being made to ensure timely sweeping of the area of concern. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , J DATE: March 18. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion ITEM NO. Discuss Council Chamber's Ceiling \5. REQUEST: Council member John Kunza has requested the full council discuss the design plans for the ceiling treatment of the new council chambers. The plans call for the mechanical and rafter portions of the ceiling backdrop to be painted dark gray. Beneath the rafters, a wood lattice grid system will be suspended, with lights and speakers attached. Council member Kunza is concerned the project will look incomplete and unattractive, as there will be some areas where the dark gray mechanical and rafter applications will be visible. " ;' The problem with any alteration at this time is numbers. Cosmetic alterations for the purposes of hiding the rafters will involve changing sprinkler systems, adding sheet rock and increasing the suspended grid. No firm numbers are available as to the cost of these alterations, but the construction foreman has indicated the required changes would run at least $10,000. \ ." "' . / CITY OF ANDOVER HOUSING AND REDEVELOPMENT AUTHORITY REQUEST FOR ACTION DATE: March 18. 1997 AGENDA SECTION HRA Meeting ITEM NO. Reallocation of Social Service Funds I~, ORIGINATING DEPARTMENT Planning 1vJ~ John Hinzman, City Planner Request / The Housing and Redevelopment Authority is asked to determine how CDBG Social Service funds are to reallocated. Anoka County has notified the City that because Anoka County's 1997 CDBG applications had allocations to public service agencies that exceeded the 15 percent limit that it is necessary to cut some of the appropriated amounts. Consequently, six percent ($1,800) of the Social Service budget must be reallocated to another CDBG general budget account to meet guidelines. Staff recommends that all additional increases over 1996 allocations ($1,037) be cut and that the remaining amount ($763) be cut equally among all recipients of 1997 funds requesting levels equal to that of 1996. The HRA, may also want to consider re-appropriating the $1,800 towards Opportunity Services request to construct a new facility to provide job training, job placement and support services to persons with disabilities. Although an official reallocation of funds to Opportunity Services could not be conducted until April, I, 1997 (because of the need to notify for a public hearing), the $1,800 could temporally be disbursed to an "unallocated" account of the CDBG general budget until that hearing is held. Attachments Attached for your review are the proposed budget changes, letter from Alyce Osborn, Anoka County Community Development, and minutes from the March 4, 1997 HRA meeting. " "' \ ; / , \ I Proposed 1997 CDBG Social Service Budget Reallocation Organization Alexandra House Anoka County Community Action Program Community Emergency Assistance Program Family Life Mental Health Center North Anoka Meals on Wheels North Suburban Counseling Center Northwest Suburban Kinship Rise TOTAL 1997 Allocation $2,000 $6,334 $3,999 $3,934 $3,733 $3,500 $2,500 $4,000 $30,000.00 ..Revised Proposal .... $2,000 $5,757 .. $3,388 $3,766 $3,622 $3,389 $2,389 $3,889 $28,200.00 (, \ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 ANDOVER HOUSING AND REDEVELOPMENT AUTHORITY MEETING MARCH 4 I 1997 - MINUTES A Meeting of the Andover Housing and Redevelopment Authority was called to order by Mayor Jack McKelvey on March 4, 1997, 9:25 p.m., at Fire Station No. I, 13875 Crosstown Boulevard NW, Andover, Minnesota. Present: Absent: Also present: Councilmembers Dehn, Knight, Kunza, Orttel None City Attorney, William G. Hawkins City Planner, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others PUBLIC HEARING/CDBG/AWARD PUBLIC SERVICE AGENCY GRANTS Mr. Hinzman reviewed the requests and distribution of $30,000 of CDBG funds to agencies. Mayor McKelvey opened the public Staff proposal for the public or social service hearing. \ Jackie Baker. Northwest Suburban Kinship - explained they use the funds -' from Andover to provide a sliding fee scale for Andover residents who use their service. They are very appreciative of the funding received from Andover in the past and request further funding. ' { " Bob Sullivan. Director of Familv Life Mental Health Center. Anoka _ explained they provide comprehensive mental health services. They have four psychologists and 20 counselors on Staff. They are very appreciative of the help and assistance from the City of Andover. Nancv Gernev, Opportuni tv Services - explained they provide services for all of Anoka County. They started six years ago at the request of the County when there was such a demand for services they could not keep up. Their request is not for services but is a one-time capital request to build a facility on Northdale Boulevard. The County has suggested they approach each city and township to request a small allocation of CDBG funds toward that construction. They do training and rehabilitation for people who need on-going support, plus to provide help to those who need their services for only a short period of time and then can make it on their own. Mr. Carlberg stated Andover has not budgeted anything for capital, but he will check with the county to see if any previous year's funding can be allocated toward this project. He will briTIg that information back at the next meeting. \ / Scott Price. ARC of Anoka and Ramsev Counties - stated this is the first year they have petitioned P~dover for funds. He is personally involved with the organization, having three children that have developmental disabilities. They provide advocacy to those people regardless of their Andover Housing and Redevelopment Authori ty Meeting Minutes - March 4, 1997 Page 2 , , (Public Hearing: CDBG/Award Public Service Agency Grants, Continued) age. He is also a resident of Andover. If they are not considered for funding this year, he hopes they will be given consideration for next year. Mayor McKelvey stated the Andover Lions Club does contribute to the ARC of Anoka and Ramsey Counties. Erica Gilbert. Proqram Specialist. the City for its support. They positive guidance to help them community. Northwest Suburban Kinship - thanked service youth ages 3 to 17, giving become productive members of the Cathev Weidmann. Coordinator. Anoka Countv Community Action Proqram _ works with seniors and disabled adults in the community to help them remain in their homes. She reviewed some of the activities they have performed in the City this past year and thanked the City for their support. MOTION by Knight, Seconded by Dehn, to close the public hearing. Motion carrie~ unanimously. 9:50 p.m. MOTION by Knight, Seconded by Dehn, to approve the allocations as presented by Staff. (Alexandra House, $2,000; Anoka County Community Action Program, $6,334; Community Emergency Assistance. Program, $3,999; Family Life Mental Health Center, $3,934; North Anoka Meals on Wheels, \ ' .' $3,733; North Suburban Counseling Center, $3,500; Northwest Suburban Kinship, $2,500; Rise, $4,000) Motion carried unanimously. MOTION by Knight, Seconded by Dehn, to close the HRA meeting. Motion carried unanimously. The meeting was closed at 9:51 p.m. Respectfully submitted, \\J\~lL~~ '~~ella A. Peach Recording Secretary \ J \lVVI't1 I i"\LI(IIJ.I"- .....,;t;J O~,,j ;" 'L. . " 'C 0 U N T Y OF ANOKA Office of Gotle17lmental Servicu Diviltion GOVERNMENT CENTER 2100 3n:1 Avenue. Anoka, Minnesota 55303-2265 (612) 323-~680 March 12, 1997 ALYCE OSBORN CommWlity Oove/ojlment Manager or.ct N323./S7ClI ALERT TO CITY - READ IMMEDIATELY MEMO TO: Dave Carlberg, City of Andover FROM: Alyce Osborn, Community Development Manager SUBJECT: Cut In Public Services Due to the fact that the 1997 CDBG applications had allocations to pubAc services that exceeded our 15% limit It is necessary to cut some of the appropriated amolXlts. The City of Andover submitted their application with 55% public services. There will be a cut of $1 ,BOO or 6% to assist in bringing this percentage doy,," to the cap amount. " Please notify me immediately which agencies I should deduct this fundIng from as I am preparing the final grant application for HUD. You may want to divide the cut among your agencies which makes the burden less for each. The amount of $1 ,BOO will now be put in unallocated funding for the City of Andover. You will also have to notify those agendes that will be given less funding. . I am asking that you plan to reallocate this unused amount to a project as soon as possible. ' Because we have adjusted the grant to meet the cap on public services, there can be no reallocations to this activity in the 1997 funding year. If you have questions. you can call me at 323-5709 or Barb DeJong at 323-5708. AO: .' FAX: 323-5682 Affirmative ActJon I Equal Opportunity Employer TDD!TTY: 323-5289 '\ / "<4Bot' -----. , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION - '\ DATE: March 18. 1997 AGENDA SECTION EDA Meeting ORIGINATING DEPARTMENT Scott Erickson,J}l Engineering ITEM NO. Discuss Alternate Street AlignmenU97 -2/ Bunker Lake Blvd. Service Road Phase II/Cont. \1. The City Council is requested to approve a revised street alignment for the next phase of the South Andover Site redevelopment. The realignment is necessary in order to minimize wetland impacts in the area. There are two revised alignments presented. The first alignment (Option A) skirts around the existing wetlands with minimal impact. The second alignment (Option B) also skirts around the existing wetlands with minimal impact and in addition, provides approximately an 8 acre parcel at the corner of Bunker Lake Blvd. and Jay Street. This option would provide a large corner lot which could be sold as a larger parcel . or further subdivided into smaller parcels. The Council is requested to approve one of the options presented or a variation thereof in order to proceed with the preparation of the feasibility study for this project. ( " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION "- J DATE: March 18 1997 AGENDA SECTION ORIGINATING DEPARTMENT Reports of Staff, Committees, Commissions Dick Fursman, Administration ITEM NO. \~ ~all Special Meetings Staff is requesting the council consider holding special meetings for discussion on policy, procedures, council - staff relations and goal setting. It is hoped that some time spent on the aforementioned items will reduce the pressure and length of council meetings, enable staff to more accurately represent council directives to the public and enable staff to begin preparations on a 1998 budget which reflects council objectives. Special meetings/workshops requested are as follows: 1. Council/Park and Recreation Commission (see following sheet) "- / 2. Home Occupation Ordinance: Time Requested :45 Min. - 1 Hour Staff is eager to assist all non-conforming businesses become properly recognized. The general consensus is, the item is nearly resolved, with a few rough edges left to smooth out. 3. Planning/Staff Relations Workshop: Time Requested 4-8 hours Objective: Establish clear vision, communication, goals, procedures and expectations for staff and council. Who: City Council and Department Heads Discussion Items: a. Development: The handling of platting issues related to the following - Staging - Economic Priorities/Strategies - Environment - Transportation - Safety - Public Spaces - Etc. Staff/Council Relations: - Establishing Trust - Open Communication - Professional Integrity \, -' b. c. Council Meetings: - Setting Agenda - Streamlining Meetings - Staff/Council Roles - Making Decisions Budgeting/Goals 1998 - Setting Priorities - Establishing Limits - Understanding Mandates Wrap it all together "- / d. e. Suggestion: Have a Saturday meeting in a comfortable, relaxed setting. " . / \ I / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " / DATE: March 18 1997 AGENDA SECTION ORIGINATING DEPARTMENT Reports of Staff, Committees, Commissions Todd Haas, Dick Fursman, Engineerin~ Administration ITEM NO. Call Special Meetings The City Council is requested to set a special meeting with the Park and Recreation Commission. Possible dates are as follows: 1. March 27, 1997 at 7:00 PM at Fire Station #1 2. April 3, 1997 at 6:30 PM at Fire Station #1 The City Council is requested by staff to determine who should be contacted for the Coon Creek BikewaylWalkway discussion, Project 95-24. Options are as follows: "- ;' 1. Notify the same 74 lots adjacent to path. 2. Notify all adjacent developments as they would have interest in the park because they have paid for the park through park dedication when they purchased their lots. See attached map. 3. Notify the same 74 lots adjacent and hold a public hearing for the entire community (which would be placed in the local newspaper) regarding the development of the bikeway/walkway transportation system. The City Council may want to notify every single resident by letter, but obviously that would be time consuming and costly due to mailings. Note: The City Council may want to deal with just the Coon Creek BikewaylWalkway project for now and deal with the bikeway/walkway transportation plan as part of the update of the comprehensive plan which is now just getting under way. As part of the plan update, random surveys will be sent to residents regarding bikeway/walkway paths. For your information, the survey that was done as part of the last comprehensive plan update (done around 1990), 400 out of every 500 residents wanted more places to walk and ride their bikes which is the most type of recreation opportunity that was being requested. \ Other items that need to be discussed are as follows: · Approve Allocation Funding Source/95-24/Coon Creek BikewaylWalkway/Project 95-24 · Discuss PolicylTrails & Sidewalks/New Development · Bunker Lake Boulevard Trail Update/97-14/Discussion · Discuss Irrigation Well/96-9/Sunshine Park Ji::J .1: ",,~~i"'''':~ 1 Ii \\ ' I:/~(OI!"~~ I i F~E DEPART'" INT I : I er~i ~ y;,. ~;A--. 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'"N"1I.fllli.I'~~~'b ; ... :a.v;'~~~!? Ii J I ~. '.:::<t7.D \," . ~ ~. 1I,r.r.1~ k N"~~~"'"'' : : :'" " ': ~~::ci" 'j'J ~, : : :, ". Htff, vi'" p",,'i..; tit/!!!!!:"I SIJ : ':.. ~ .. .. . ~~~:.\t.~ ~~~ ~ ' , · . ";' ".r ':;';""" :~onOK ~ .,. ; I ! I~ . ~/. ,., : >'_/'~r; ". ~ ': '; - I""::: """'-;:..--oW... ,\'Y>; ''i,\ I:: :----------",'-----, ,:~:,-.: ,. ,; .".. : : J,kJJ: :. N-, ""~L . 1/f:P:w.l;Sfl~D"",i.\o..'\' 25. w (Jfol . . "'" " ,,:.i,.J~.. ' :? ':~' :"'1''':f'':~p.D. ~.) "0," 10 ~~I; ?' , '. ;:;:: ':I."., , I "';;;;5f~.. ": "" . .. '!J:1j " . '. " , " , ." ,,,,.,,,..,;;;;n " . ::L'~ " ; ; ,. , ~1;;:.""1"i ::~ '0' : I ~ -./~~..II"..:,.r.I.,. '."I..I.,...,.....~y .......,;, .~..." ,.\';, ~__-:-_ r,); .: : ': I: ',.;.41 .."D,'" , ""irr.:!Jj;1p..12NDjJ:. c' ~~" ." ~ a,ao'aaa_"IR " I! _/7f!,f,. . "..!" . -. ' J " ~I,: ~ ,..,.11111 '" (>.. I.~ I .\12 ~ ::",:, 1 I: ,..... of r.T.r.l~, .1.1.. 'i'.iif .. '. r i\ I BUNKER O II f l= Ii', P~;';""fNl A ."'f 1, .-.. .w"" I '.~::: 11 /' ;; LAKE :;:;:;.: Of:::" I ........ :' . "-C.:'DIO I I ' f WAr 'Is a:':l! --.: (lAR,DEN I ACRE$" If i I I 'r, ,-:~_._-", :;:;~1-----+----1 :~:",' i~i'..ll I I gn 1,,,,, ..~O '! I p;~: .. : : 1:!1:;", ";""I:! II I '.'-" ~ , ~ ~ I I '" ':;L;:" ~ .. ~ .--_....--..1"'.. I Kf.\C{),~ ~ ~ " /J I ~ II " I n --t-- 1 i , ~' 1 ~ ~ \ - CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 18, 1997 DATE AGENDA SECnON t-.O. Reports of Staff, Committees, Commissions: ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-.O. Mowing/Weed Abatement Services Frank Stone ~~;~;~ QiJ BY: Iq. REOUEST Last year, the City of Andover contracted out mowing and weed abatement services to Jim Green (Well Groomed Lawns, Inc.- 2855 161st Avenue NW, Andover). Please find attached the 1996 contracts. \ I Mr. Green has submitted a letter to staff and would like to renew this contract at the same rates as last year. Weed Abatement Last year, Well Groomed Lawns Inc. mowed approximately (twenty-five) 25 parcels of land that property owners did not maintain (weed violations) in the City. Property owners were billed by the City for Well Groomed Lawns Inc., costs along with an administrative fee (25%) charged by the City. Mowing Services Last year, the City contracted with Well Groomed Lawns, Inc, for the mowing and trimming of grasses on the following seven (7) parcels of City owned land: \ .I 1) Fire Station No.1 2) Fire Station No.2 3) Staples Cemetery 4) Pumphouse No.1 5) Pumphouse No.2 6) Cedar Crest Park 7) Crosstown Drive Sidewalk MOTION BY: SECOND BY: \ / Page Two Mowing/Weed Abatement Services Council Considerations Staff would like direction from the City Council if we should renew the contract (contract documents attached) with Well Groomed Lawns, Inc. or advertise for bids. Date: March 13, 1997 To: Andover City Council From: Well Groomed Lawns, Inc. I, James J. Green, Jr., with Well Groomed Lawns, Inc., agree to do the same work per the 1996 contracts. All seven City owned properties and all weed abatement services for the same price and same scope of work. Thank you again for the opportunity to renew the bid. I look forward to doing business with you in the future. Sincerely, f ~~~%. James 1. Green, Jr. Well Groomed Lawns, Inc. CONTRACT FOR MOWING SERVICES j Agreement made this May 31. 1996, by and between Jim Green (Well Groomed Lawns Inc.), a Minnesota Corporation, hereinafter called Contractor, and the City of Andover, a Minnesota Municipal Corporation, hereinafter called City. In consideration of the agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. Before commencing work, the Contractor must file a Two Hundred Dollar ($200) refundable security deposit with the City Clerk, 1685 Crosstown Boulevard, Andover, MN 55304. The City will not pay you interest on the security deposit. 2. Mowing of growing grasses and the trimming of grasses around structures on the following parcels ofland owned by the City of Andover: ': J 1) Fire Station No.1 - 1785 Crosstown Boulevard NW, Andover, MN 2) Fire Station No.2 - 16541 Valley Drive NW, Andover, MN 3) Staples Cemetery - 16094 7th Avenue NW, Andover, MN 4) Pumphouse No.1 - 3489 138th Court NW, Andover, MN 5) Pumphouse No.3 - 13737 Vale Street NW, Andover, MN 6) Cedar Crest Park - Cedar Crest Estates Second Addition - Block 2 7) Crosstown Drive Sidewalk - PIN # 33-32-24-14-0038 (sidewalk area- thirty feet from edge of the curb) 3. The following conditions apply: a) Grass shall be dry before cutting. b) Any debris that has to be moved for mowing shall be removed from the site. c) Excess grass/weed clippings shall be removed from site. d) Work shall not commence before 7:00 a.m, d) Turf is to be kept at a 2-3 inch height. e) Weed whipping or trimming shall be completed around all structures with each mow. 4. All mowing and trimming/weed whipping work must be completed on a bi-weekly basis, with the exception of Fire Station No.1 and Fire Station No.2 which shall be completed on a weekly basis. 5. Total Cost of Mowing/Weed Whipping All Properties (June 1, 1996 through October 31,1996) $5.995.00 , '\ , / \ J J , \ , / 6. The term ofthis contract shall be from June 1. 1996 through October 31. 1996, with the option to renew for the following season at the same rates. The City may cancel all or any part of this contract upon thirty (30) days written notice. By,~$ J(""b Frank Stone Public Works Superintendent If Z;.iJ tf,.(L CITY OF ANDOVER By: q. q. JJJvJ(~~ ~MCKelvey Mayor Attest: Victoria V olk City Clerk CONTRACTOR B 1 Green 11 Groomed Lawns, Inc.) " , ) CONTRACT FOR WEED ABATEMENT Agreement made this May 31. 1996, by and between Jim Green (Well Groomed Lawns Inc.), a Minnesota Corporation, hereinafter called Contractor, and the City of Andover, a Minnesota Municipal Corporation, hereinafter called City. In consideration of the agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. Before commencing work, the Contractor must file a Two Hundred Dollar ($200) refundable security deposit with the City Clerk, 1685 Crosstown Boulevard, Andover, MN 55304. The City will not pay you interest on the security deposit. 2, Mowing of growing grasses on parcels of land that the property owner has not maintained. 3, The following conditions apply: / , \- ) a) Grass shall be dry before cutting. b) Any debris that has to be moved for mowing shall be placed in pile on the property to be mowed. c) Work shall not commence before 7:00 a.m. d) Turf is to be kept at a 2-3 inch height. e) Weed whipping or trimming shall be completed around all structures. 4, Cost for Mowing/W eed Whipping: $105.00 Per Hour, 5. The term of this contract shall be from June 1. 1996 through October 31. 1996, with the option to renew for the following season at the same rates. The City may cancel all or any part of this contract upon thirty (30) days written notice. By: ~/dLp Frank Stone Public Works Superintendent Attest: Jv~ (/J,t-- Victoria V olk City Clerk CITY OF ANDOVER By: J}M!:l~*:~ Mayor r "-, CONTRACTOR ~ / Green ell Groomed Lawns, Inc.) Sheet1 "- J MOWING SCHEDULE AND COSTS - JAMES GREEN (WELL GROOMED LAWNS INC.) MOWING DATES PROPERTIES COSTS June 3, 1996 through June 7, 1996 ALL $405.00 June 10,1996 through June 14, 1996 FIRE STATIONS NO.1 AND NO.2 $140,00 June 17, 1996 through June 21,1996 ALL $405.00 June 24, 1996 through June 28, 1996 FIRE STATIONS NO.1 AND NO.2 $140.00 July 1, 1996 through July 5, 1996 ALL $405.00 July 8, 1996 through July 12, 1996 FIRE STATIONS NO.1 AND NO.2 $140,00 July 15,1996 through July 19,1996 ALL $405.00 July 22, 1996 through July 26, 1996 FIRE STATIONS NO.1 AND NO.2 $140.00 July 29,1996 through August 2.1996 ALL $405.00 August 5. 1996 through August 9, 1996 FIRE STATIONS NO, 1 AND NO.2 $140.00 August 12,1996 through August 16,1996 ALL $405.00 August 19,1996 through August 23,1996 FIRE STATIONS NO.1 AND NO.2 $140,00 August 26, 1996 through August 30, 1996 ALL $405.00 September 2, 1996 through September 6, 1996 FIRE STATIONS NO.1 AND NO.2 $140.00 September 9, 1996 through September 13, 1996 ALL $405.00 September 16, 1996 through September 20, 1996 FIRE STATIONS NO, 1 AND NO.2 $140,00 September 23, 1996 through September 27, 1996 ALL $405.00 September 30, 1996 through October 4, 1996 FIRE STATIONS NO.1 AND NO, 2 $140.00 October 7, 1996 through October 11. 1996 ALL $405.00 October 14, 1996 through October 18, 1996 FIRE STATIONS NO.1 AND NO.2 $140.00 October 21, 1996 through October 25, 196 ALL $405.00 October 28,1996 through November 1,1996 FIRE STATIONS NO.1 AND NO.2 $140.00 TOTAL COSTS $5,995.00 / '\ ) / '\ / Page 1 j Mowing Contract City Of Andover Parks Department The City Of Andover would like to end the mowing contract with Well Groomed Lawns. Due to the extreme dry conditions, the growth of the turf has stopped. We would like to terminate this contract by September 30, 1996. The Park Department would like to thank Jim and his staff for all the help this summer, and look forward to working with them again next season. Thank You, /~~ Kevin Starr '. J CONTRACT FOR MOWING SERVICES I Agreement made this May 5,1997, by and between James Green (Well Groomed Lawns. Inc.) a Minnesota Corporation, hereinafter called Contractor, and the City of Andover, a Minnesota Municipal Corporation, hereinafter called City. In consideration of the agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. Before commencing work, the Contractor must file a Five Hundred Dollar ($500.00) refundable security deposit with the City Clerk, 1685 Crosstown Boulevard NW, Andover, MN 55304. The City will not pay the Contractor interest on the security deposit. 2. Mowing of growing grasses and the trimming of grasses around structures on the following parcels of land owned by the City of Andover: 7) Crosstown Drive Sidewalk - 1785 Crosstown Boulevard NW - 16541 Valley Drive NW - 16094 7th Avenue NW - 3489 138th Court NW -13737 Vale StreetNW - Cedar Crest Estates Second Addition - Block 2 - PIN# 33-32-24-14-0038 (sidewalk area- thirty feet from edge of the curb) J 1) 2) 3) 4) 5) 6) Fire Station No.1 Fire Station No.2 Staples Cemetery Pumphouse No.1 Pumphouse No.3 Cedar Crest Park 3. The following conditions apply: 1) Grass shall be dry before cutting. 2) Any debris that has to be moved for mowing shall be removed from the site. 3) Excess grass/weed clippings shall be removed from the site. 4) Work shall not commence before 7:00 a.m. 5) Turf or grass is to be kept at a 2-3 inch height. 6) Weed whipping or trimming shall be completed around all structures with each mow. 4. All mowing and trimming/weed whipping work must be completed on a bi- weekly basis, with the exception of Fire Station No.1 and Fire Station No.2 which shall be cut on a weekly basis. 5. Total Cost of Mowing/Weed Whipping All Properties (May 5, 1997 through October 31, 1997) $7.085.00 6. The term of this contract shall be from May 5. 1997 through October 31. 1997, with the option to renew for the following season at the same rates. The City may cancel all or any part of this contract by serving the Contractor thirty (30) days written notice. CITY OF ANDOVER By: Frank Stone Public Works Superintendent By: 1. E. McKelvey, Mayor Attest: Victoria V olk, City Clerk , / CONTRACTOR By: James Green Well Groomed Lawns, Inc. CONTRACT FOR WEED ABATEMENT , ) Agreement made this May 1. 1997, by and between (James Green (Well Groomed Lawns Inc,), a Minnesota Corporation, hereinafter called Contractor, and the City of Andover, a Minnesota Municipal Corporation, hereinafter called City. In consideration of the agreements hereinafter set forth, it is mutually agreed by and between the parties hereto as follows: 1. Before commencing work, the Contractor must file a Five Hundred Dollar ($500.00) refundable security deposit with the City Clerk, 1685 Crosstown Boulevard NW, Andover, MN 55304. The City will not pay the Contractor interest on the security deposit. 2. Mowing of growing grasses or weeds on parcels of land that the property owner has not maintained. 3. The following conditions apply: J 3) 4) 5) Grass/weeds shall be dry before cutting. Any debris that has to be moved for mowing shall be placed in a pile on the property to be mowed. Work shall not commence before 7:00 a.m. Turfis to be kept at a 2-3 inch height. Weed whipping or trimming shall be completed around all structures. 1) 2) 4. Cost for Mowing/Weed Whipping: $105.00 per hour. 5. The term of this contract shall be from May 1. 1997 through October 31. 1997, with the option to renew for the following season at the same rates. The City may cancel all or any part of this contract upon thirty (30) days written notice. CITY OF ANDOVER By: 1. E. McKelvey, Mayor By: Frank Stone Public Works Superintendent CONTRACTOR Attest: Victoria V olk, City Clerk By: James Green Well Groomed Lawns, Inc, Sheet1 \ J 1997 MOWING SCHEDULE AND COSTS - JAMES GREEN (WELL GROOMED LAWNS, INC,) MOWING DATES PROPERTIES COSTS May 5,1997 through May 9,1997 All $405.00 May 12,1997 through May 16, 1997 Fire Stations NO.1 and NO.2 $140.00 May 19, 1997 through May 23, 1997 All $405.00 May 26,1997 through May 30,1997 Fire Stations No.1 and NO.2 $140.00 June 2,1997 through June 6,1997 All $405.00 June 9,1997 through June 13,1997 Fire Stations NO.1 and NO.2 $140.00 June 16,1997 through June 20,1997 All $405.00 June 23, 1997 through June 27,1997 Fire Stations NO.1 and NO.2 $140.00 June 30,1997 through July 4,1997 All $405.00 July 7, 1997 through July 11, 1997 Fire Stations No. 1 and NO.2 $140.00 July 14, 1997 through July 18,1997 All $405.00 July 21,1997 through July 25,1997 Fire Stations NO.1 and NO.2 $140.00 July 28,1997 through August 1,1997 All $405.00 August 4, 1997 through August 8, 1997 Fire Stations NO.1 and NO.2 $140.00 August 11, 1997 through August 15, 1997 All $405.00 August 18, 1997 through August 22, 1997 Fire Stations NO.1 and NO.2 $140.00 August 25, 1997 through August 29, 1997 All $405.00 September 1, 1997 through September 5, 1997 Fire Stations NO.1 and No.2 $140.00 September 8, 1997 through September 12, 1997 All $405.00 September 15, 1997 through September 19, 1997 Fire Stations No. 1 and No.2 $140.00 September 22, 1997 through September 26, 1997 All $405.00 September 29, 1997 through October 3, 1997 Fire Stations NO.1 and NO.2 $140,00 October 6, 1997 through October 10, 1997 All $405.00 October 13, 1997 through October 17,1997 Fire Stations No.1 and NO.2 $140.00 October 20, 1997 through October 24, 1997 All $405.00 October 27, 1997 through October 31, 1997 Fire Stations NO.1 and No.2 $140.00 $7,085.00 / Page 1 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: March 18. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Reports of Staff, Committees, Commissions Administration Richard Fursman ITEM NO. Review Finance Options for Public Works Bug.~ing!96-1 5 Ole ). The council is requested to review the following financing impact statement for the development of the proposed public works addition. The impact statement assumes: - 10 year bond financing - No tax increments - 20% debt service from water and sewer revenue - $1,900,000 in building and site development costs \ ;' t- O> - '<3' ..- ry / t- O> - '<3' ..- - (') '" :>< 8 M OJ") '<T 1.0 0, M '<T 1.0 r- '" 0 ..., ~ 1.0 ~ 1.0 r- t--: t--: t--: t--: t- u :r:: 0 >.. '" 0 -= 0.0 C 80 0 -".;- ::E N "" V7 V7 V7 V7 V7 V7 V7 V7 V7 V7 V7 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 ~ 0 ~ 0 ~ 0 ~ - 1.0 N '<T r-: M 00 N N 0 ..0 N .D '" '" 0 0 0, OJ") OJ") '<T 0, 0, N M Cl U OJ") OJ") r- oo 0, 00 0 M. M M b .;; -.0 r-:' OJ") r-:' 00 M N M '" 00 .... r- 0, '<T N M 00 0, 0 - N .... '" '<T OJ") 1.0 1.0 '<T - N N N N '" U'l '" >- V7 V7 V7 V7 V7 V7 V7 V7 V7 V7 V7 '" 0 0 0 0 0 c 0 0 ~ 0 0 OJ) '" N 0 0 M OJ") 'S 8 0 0, OJ") 0, N >.. N r-. 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'" .~ .c o '" ~ CIl C CIl Cl OJ ... o I- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: March 18. 1997 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning John Hinzman/5\)J~ City Planner ITEM NO. SUP 97-03 Retail Trade & Services Landscaping Supply & Contracting 13540 Hanson Blvd NW 8/. Chris Beberg\John Skogman Request , .' The City Council is asked to review the special use permit request of Chris Beberg and John Skogman to operate a retail trade and services business (retail landscaping supply & contracting business) in an I, Industrial district at 13540 Hanson Blvd. NW, the site of Roger's Auto Body, Planning and Zoning Commission Action The Planning and Zoning Commission recommended approval of the special use permit at the February 25, 1997 meeting. Please consult the attached staff report and minutes from that meeting for more information. " I / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -97 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CHRIS BEBERG AND JOHN SKOGMAN ON PROPERTY OWNED BY ROGER STREICH TO OPERATE A RETAIL TRADE AND SERVICE FACILITY (RETAIL LANDSCAPING SUPPLY AND CONTRACTING) IN AN I, INDUSTRIAL ZONING DISTRICT PURSUANT TO ORDINANCE NO.8, SECTION 7.03 ON PROPERTY LOCATED AT 13540 HANSON BOULEVARD NW (PIN 34-32-24-41-0006). WHEREAS, Chris Beberg and John Skogman have requested a Special Use Permit on property owned by Roger Streich to operate retail trade and service facility (retail landscaping supply & contracting) pursuant to Ordinance No.8, Sections 7.03 on property located at 13540 Hanson Boulevard NW, legally described as the following: , J The East half of Lot 13, Watts Garden Acres, Anoka County, Minnesota, except roads subj ect to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held 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 and approves the Special Use Permit on said property with the following conditions: I) That the special use permit be subject to an annual review and site inspection. \ j 2) That the special use permit be subject to a sunset clause as specified in Ordinance No.8, Section 5.03(D). , "- Page Two SUP 97-03 Beberg & Skogman 13540 Hanson Boulevard NW March 18, 1997 3) That the hours of operation be limited to Monday through Friday, 7:00 a.m. to 8:00 p.m., Saturday from 7:00 a.m. to 5:00 p.m. and Sundays from II :00 a.m. to 4:00 p.m. 4) That at no time will material be stored outside the building or outside the storage area. 5) That the site meet the minimum parking requirements of Ordinance 8, Section 8.08. 6) That the building be inspected by the City Building Official and Fire Chief for code compliance. 1997. Adopted by the City Council of the City of Andover on this lfuh day of March, / CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk "- ) Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 12 past. He oted that the Round Barn is an integral part of the project. He further noted that neighborhood meeting was held several weeks ago and the residents in the area re uested that they do a study to determine if the property values in areas where th have other projects have down. He noted that is a difficult study to do beca e there are a number of variables involved. MOTION by Barry, s onded by Wells to close the public hearing. Motion carried unanimously, J The Commission was aske fo take a straw vote to indicate their feelings on the project. Commissioner Apel ated that he couldn't go along with the proposal. He stated that there are a lot of eople in the city who want senior housing but not in this area. Commissioner noted that with all of the opposition that has been heard she would agree wi Mr. Ape!. However, she didn't think that this would create a lot of traffic. She It that a single family housing project would create more traffic. Chairman P~k stated that his concern is the multiple housing. The Comprehensive Plan at this~ime indicates this area ac; a single family site. Commissioner Gamache felt th~ if Presbyterian Homes backs out within a year we don't know what we will ena up with. He would be against this change. Commissioner Wells stated that dili; to a conflict of L-1terest she would not comment. Commissioner Squires felt that the property would be a good site for a senior housing project if the existing ousing was not already there. Commissioner Leudtke suggested that the soo to be formed Comprehensive Plan Task Force look at where this proj t would fit in the city. MOTION by Apel, seconded by Leudtke that the Planning d Zoning Commission recommend to the City Council that the propose amendment to the Comprehensive Plan not be forwarded to the Metropolitan uncil and that they should not pursue this amendment at this time. Motion carried on a 6 yes, I abstain (Wells) vote. This will go to the Ci on March 4,1997. L +. Public Hearing/Special Use Permit/RetaiI and Trade Services/Beberg/Skogman \ ./ . / Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 13 Mr. Hinzman reviewed the request of Chris Beberg and John Skogman to operate a landscape supply and contracting business at 13540 Hanson Boulevard, the site of Roger's Auto Body. The property is zoned I, Industrial. Ordinance 8 allows retail trade and services in an Industrial District by Special Use Permit. MOTION by Wells, seconded by Barry to open the public hearing. Motion carried unanimously. Chris Beberg explained that they will be selling plants, trees, shrubs, dirt, and mulch. Their hours of operation will be Monday through Friday 7:00 am to 8:00 pm, Saturday from 7:00 am to 5:00 pm and Sundays from 11:00 am to 4:00 pm. Chairman Peek asked if there is adequate parking. Mr. Hinzman noted that there is. MOTION by Wells, seconded by Gamache to close the public hearing. Motion carried unanimously. MOTION by Wells, seconded by Leudtke to forward to the City Council a resolution granting a Special Use Permit requested by Chris Beberg and John Skogman to operate a retail trade and service facility on property owned by Roger Streich with the hours as stated by the applicant and with the condition that at no time will material be located outside the building or outside the storage area. Motion carried unanimously. This will go to the City Council on March 18,1997. . g Administrator, reviewed the following ordinances: Ordinance No. 22 - Licensl f Contractors, Mr. Johnson noted that the building department will be rew . this ordinance. Ordinance No. 23 - Keeping of Equines. The estrian Council met and recommended the changes as suggested by staff. \ J Ordinance No. 24, Providing Salaries for Mayor and Council Me ordinance will be repealed and replaced by Ordinance 209. " ~ CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE February 25,1997 AGENDA ITEM 5. Public Hearing: SUP 97-03 Retail Trade & Services 13540 Hanson Blvd. rhn" Kphpro\ T"hn <'::1.- ORIGINATING DEPARTMENT Planning "<.,.,~ John Hinzman J" BY: (""':.., ~. APPROVED FOR AGENDA BY: Request The Planning and Zoning Commission is asked to review the Special Use Permit request of Chris Beberg and John Skogman to operate a retail trade and services business (retail landscaping supply & contracting business) at 13540 Hanson Boulevard NW, the site of Roger's Auto Body, legally described on the attached resolution. The property is zoned I, Industrial Applicable Ordinances Ordinance No.8, Section 5.03, regulates the Special Use Permit process and outlines the following criteria for review: 1) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2) The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on values of property and scenic views in the surrounding area. 4) The effect of the proposed use on the Comprehensive Plan. Ordinance No.8, Section 7.03 allows retail trade and services in an I, Industrial District. Ordinance No.8, Section 3.02 defines garden supply services as a retail and trade service. Adjacent Zoning and Land Use \ / Adjacent zoning and land use include: " Page Two SUP 97-03, Beberg & Skogman 13540 Hanson Blvd. NW February 25, 1997 , J North East South Southwest West I; vacant R-l; Hanson Blvd., Bunker Hills Park I; Andover Wheel and Frame R-4; Commercial Blvd., Echo Woods Addition I; Kottke's Bus Company Background The applicants, Chris Beberg and John Skogman propose to operate a retail landscaping supply and contracting business to be known as "Legendary Landscapes, Inc." in the Roger's Auto Body building. Services would include retail supply, contractor supply, landscape design, and installation of materials. The interior of the existing building will be finished and updated, Landscaping and fencing will be added to the site. Legendary is also negotiating with Roger's Auto Body for the purchase of the three existing buildings and associated property at 13530 Hanson Blvd. Upon acquisition, the applicant intends to remove or sell up to two of the existing buildings. The removal of buildings would " provide space for a new building dedicated to the retail and wholesale of Landscape J materials, Commission Options 1, The Planning and Zoning Commission may recommend to the City Council approval of the Special Use Permit request of Chris Beberg and John Skogman on property owned by Roger Streich, located at 13540 Hanson Boulevard NW, legally described on the attached resolution. The Commission finds the request meets the requirements of Ordinance No.8. 2. The Planning and Zoning Commission may recommend to the City Council denial of the Special Use Permit request of Chris Beberg and John Skogman on property owned by Roger Streich, located at 13540 Hanson Boulevard NW, legally described on the attached resolution. The Commission finds the request does not meet the requirements of Ordinance No.8. In recommending denial of the request, the Commission shall state those reasons for doing so. \ 3. The Planning and Zoning Commission may table the item pending further information from Staff. ,. ~ A ~4,C.avv;">IA'C., ~OO / O,L. I ;~.~4-~ ~~';':-42 '9 "5~ ~ ~ '$' (IXENSlN,6T2, ,( .1--:.- , ; " 5/ e, 7/' .:5.......~ '" 1 "W}- I i-- ,,'6 ~$6'?1 e"'3I21111.$'~ ' IZ1~1.;'T~ ~. ~;~TE~. 181' $,rHllI/z~ I j ',';;LL$, .1!1f ~~i ... v "" ~ , ..., !L"'O" ,;zl', 'ADDITION 2~' I IJ 'E~~UE ~ "o.!.(': .. ,"Z~I <.~" ", \: - ~ . , . , :':" \~i'~ '-.... 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N ,;'-' , , E'1\1'rt4"c.~ 1< ,-:-j /1("" -, ~,~ tI \/ - -.-... rpr1(('d ;,J O:'\"f'\ AI,E" "'0 t.~:>\..,"tf~ I /4./D" -~ i -'1 !'f't, P" , J t: I if"~'j ~-j ~ . ~ " h_, 1__ - ,'.' - 1-- &0\ ~ i E'~ij- To (".....0<,<-1 I3lvJ, S I,.. , "'-,,",-L c<"r-L.-"'- V --r-- f i 11 ~D' ~t...'2.l ( , J o ~!f ~ . l ;. '" ,<, ,ql_"1. _ ., EIttr""l"l. 1- .. <.--- -------.,1 /3,'tO i'~.. \<., "\'.l ~<t~. "'-".. R:.~:: :~~,;~~~..~\\'" ~IO<V.' f:;9 / Hi\N":lctJ bLVD. I-&"+~ +-' ~ 17-& . '::i~"\ ~ tIH f t7..fl,\ , ~J 2: ---.:.,;> . , , / / en c: "tJ )> "tJ Z !( C . 0 c < m m en :rJ - .. G) s: z - z . - z z m en en i! 0 i! r- r- )> -I - 0 z (,. , ' , / It...... ,~-.'~ .~.~.~ :' ~J 0'\ i,\.:;:\ , . "..... . ., -:--- l.0, L(~ ',,~).) I~\ i~) .,.,.".1 ~ . .1 i\~~ [~\ :\~.~ .~-\C; i~"~ ,~~ ..,~, ~ ...'" [~) ~\- ~\ .f\ " . \ " A. DESCRIPTION OF OPERA nONS Legendary Landscapes, Inc. (Legendary) is organized to offer complete landscape services including retail supply, contractor supply, landscape design, and installation of all materials we distribute. Legendary is committed to otTering the highest quality landscape materials at a competitive price backed by exceptional service to the customer. Legendary Landscapes, Inc, and its owners are committed to the community in which they operate and will conduct business accordingly. Legendary Landscapes, Inc will also be continuing the operations of J&P Maintenance, a lawn service and landscape installation company currently located in Oak Grove, which Legendary Landscapes, Inc. will acquire and dissolve on April 1, 1997. Lawn service will be provided to approximately 30 customers in the local area. B. PRODUCTS / Andover and its surrounding communities are experiencing phenomenal growth in both residential and commercial buildings. The products and services offered by Legendary Landscapes, Inc. will be in great demand as our new residents put the finishing outdoor touches on their properties. Following is a list of the major products Legendary will otTer. These products will be available at our facility in small quantities and will be available for direct drop from our supplier in larger quantities. Inventory for sale on location will be displayed in a neat, organized manner. Hardscapes: Aggregate products including decorative rock, gravel, black dirt and sand -Inventory of rock will be stored in bins constructed of concrete blocks mortared together. There will be no use oflarge, chipped concrete highway barriers. Allan Block retaining wall systems Concrete pavers, stepping stones and other items from Interlock Softscapes: Trees and shrubs carrying approval of the Minnesota Dept. of Agriculture. Fresh flowers Sod by the roll Installation Supplies: Landscape fabric, edging, etc. Tools such as shovels, rakes and picks Infonnation on installation procedures Yard ornaments and statuary " / ) C. Facility Plans to upgrade the building and property at 13540 Hanson Boulevard, Andover (Building #2 of Roger's Auto Body) have been made in an effort to comply with the ordinances and preferences of the City of Andover as provided us by Dave Carlberg, Community Development Director. Our primary goal is to provide a safe, clean and aesthetically pleasing environment for our customers to view and purchase our product. Concern for efficiency and future growth have definite impact on our plans. The following upgrades are depicted on the accompanying sketches and will be performed at the earliest opportunity provided by the weather. Interior wood structure will be expanded to provide adequate modem retail floor space. This structure will be constructed by certified contractors and will be completely finished including painted walls, industrial carpeting, and proper lighting. Fenced area will be expanded to include the area north of the building and an area west of the current fenced area. \ A flower garden surrounding our business sign will be constructed between Hanson Boulevard and the parking lot. This structure will not impede the drainage ditch along the boulevard. / Split rail fencing may be implemented to accent the property borders and define the property Legendary has landscaped. Parking lot expanded from the existing blacl'top to the northern side of the lot. 12 striped parking spaces will be identified, Require vehicles loaded with material to exit the west side of the property onto Commercial Boulevard which will provide safe entrance to either Hanson Boulevard or Bunker Lake Boulevard. , / 2 , J D. Future Plans Legendary Landscapes, Inc. is negotiating terms with Roger's Auto Body for the purchase of the three existing buildings and associated property located at 13530 Hanson Boulevard. Discussion with Roger's Auto Body has indicated a potential sale date of 1998 or 1999. Significant changes to the premises will begin at that time. It is the intention of Legendary Landscapes, Inc, to remove and sell up to two of the existing buildings which are located along Hanson Boulevard. The removal will provide space for a new building dedicated to the retail and wholesale of Landscape materials. This building will meet and exceed the requirements set forth by the City of Andover. The new facility will have a state of the art landscape design studio retail floor and office space. A floral shop offering fresh cut flowers and arrangements will be added to the business provided the community has the need for such a service. The majority of the premises will be enclosed by a beautiful fence constructed of Allan Block Fence and Pillar Stones. The remaining building(s) will be re-sided with modem horizontal vinyl siding and used to keep all of the Legendary Landscapes equipment inside. An inventory of beautiful trees and shrubs will be complimented by walking paths of paver stones and a concrete or paver stone parking lot. Legendary Landscapes, Inc. wishes to become along standing member of the Andover business community. It is our intention to develop a modem, beautiful facility which compliments the Hanson and Bunker area and which fits the Andover Comprehensive Plan. 3 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. · ANDOVER. MINNESOTA 55304. (812) 755-5100 SPECIAL USE PERMIT Property Add~~ /3640 f:(A-/J~[\tJ bIll [) Legal Description of Property: (Fill in whichever is appropriate): Lot v'fcr-,!-~ Loi-\?lock Addition \)JQ+t-s C,'fk.DoJ ALI2.2~ ~ PIN ~'~1-~1--2..A-ql-Ol.")() k (If metes and bounds, attach the complete legal description.) or Torrens \I ? (This can be obtaine~m the Is the property: Abstract information must be provided and County. ) ----------------------------------------------------------------- Reason for Request T~ "'~qle A- Qe+a..~ I Lo."d'bc-Af';"-,j 5"prl~ ~ C6Y\ +-rlLL-~,'~ ~,,.,.,, At'SS \ Current Zoning G'f Section of Ordinance ----------------------------------------------------------------- Name of Applicant ~"'(',') 0t.hM' ~ i j~~J' Sk.oY"A-J Address d.~:;W, - 1,,-,:\0 L...~~t. t-lI/J A-l1lr".~".,l1'" I 14Gf-I<l3r-JJlrv-&!JuJ (~dAC)/J1,J , I Home Phone ,5'7- &.905/ 7S3-G,('51 Business Phone 54iJ-71'3(, /5U(, -0'2-'1:;;- 1/ ' " '/ SignatureCQp~-:r <J-/J A/_ "'_ Date 2-Q-'I'1- I "- , \ --------------------------------~----------------------------- Property Owner (Fee Owner) J<nau... S'~(~;'l..h (If different from above) J GI () c.) J Address 13530 t\,C\. r,sc\"\ . Home Phone l 57 - S~ Co ':') (1 - lk- Signature ~"C,;;.,JL..)~/'\;2'~1 rl ----------------------------------------------------------------- Business Phone 765 - 77 R.r' Da tef'd ill, J cjC/7 . " CITY of ANDOVER , J 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p,m., or as soon thereafter as can be heard, on Tuesday, February 25, 1997 at the Oak View Middle School, 15400 Hanson Blvd. NW, Andover, Minnesota to review special use permit request of Chris Beberg and John Skogman to operate a retail landscaping supply and contracting business on property located at 13540 Hanson Boulevard NW (PIN 34-32-24-41-0006) legally described as follows: The East half of Lot 13 , Watts Garden Acres, Anoka County, Minnesota, except roads subject to easements of record. '\ All written and verbal comments will be received at that time and location, A copy of the application and location will be available at the Andover City Hall, 1685 Crosstown Boulevard NW for review prior to the meeting. ~, !led Victoria V olk, City Clerk Publication dates: February 14, 1997 February 21, 1997 , j PIN: 3~322~~I0006 STREICH ROGER D & DARLENE A Bn2~ CR LK BD NW , ,N RAPIDS MN 55433 PIN: 3~32244I0007 KOTIKES' BUS SERVICE INC 13625 JAY ST NW ANOKA MN 55304 PIN: 3~3224410008 KOTIKES BUS SERVICE INC 13625 JAYNW ANOKA MN 55304 PIN: 343224410008 KOTIKES BUS SERVICE INC 13625 JAY NW ANOKA MN 55304 PIN: 343224410010 KOTIKES BUS SERVICE INC 13625 JAYNW ANDOVER MN 55304 PIN: 343224410011 ABC MINI-STORAGE, INC 13625 JAY NW ANDOVER MN 55304 PIN: 343224440007 RUNKE JAMES E & MARGARET E 7320152NDLNNW ANOKA MN 55304 PIN: 343224440029 RlNERSON E J & FREDERICK W J 13472 IBIS ST NW ANDOVERMN 55304 PIN: 343224440030 MACDONALD G D & RANNOW L J 13480 IBIS ST NW ANDOVER MN 55304 , \ PIN: 343224440031 RADTKE RICKY D & CHRISTINE L 13488 IBIS ST NW ANDOVER MN 55304 '. / PIN: 343224440032 KELLER JOHN G & DIANNE M 13~96 IBIS ST NW ANDOVER MN 55304 PIN: 343224440033 SHANKEY TIFF ANIE L & GREGORY B 13491 IBIS ST NW ANDOVER MN 55304 PIN: 343224440034 PERRY R A & HALVORSON P L 13487 IBIS ST NW ANDOVER MN 55304 PIN: 343224440035 HOWE JEFFREY A & MYERS DAWN R 13483 IBIS ST NW ANDOVER MN 55304 PIN: 34322~~~0036 KAST ROBERT J & AUDRY E 13~75 IBIS ST NW ANDOVER MN 35304 PIN: 343224440037 LANDSTROM DARRIN A & JEANINE A 13463 IBIS ST NW ANDOVER MN 55304 PIN: 3~322~440038 LOECKE scon J 13462 HUMMINGBIRD ST NW A..'IDOVER MN 55304 PIN: 343224440039 BAUTCH BENJAMIN C 13~74 HUMMINGBIRD ST NW ANDOVER MN 55304 , \ f,. /3~3224440040 HARDTKE CHRISTOPHER & KELLEY 13486 HUMMINGBIRD ST NW A~1)OVER MN 55304 PIN: 343224440041 URGELLO EVELYN E & KORAN K D 13498 HUMMINGBIRD ST NW ANDOVER MN 55304 PIN: 343224440042 PARSONS MAITHEW R & SULLIVAN N I~ ''15 HUMMINGBIRD STNW I f. JOVER MN 55304 P~: 343224440043 HOFMANN JOHN R & KELLI A 13483 HUMMINGBIRD ST NW ANDOVER MN 55304 PIN: 343224440044 GENGLER JASON P 13471 HUMMINGBIRD ST NW ANDOVER MN 55304 P~: 343224440045 KRASNY BRIAN R & CRUM DANIELLE 13459 HUMMINGBIRD ST NW ANDOVER MN 55304 PIN: 343224440052 COUN1RY RIDGE ~C 10738 HANSON BL YO NW COON RAPIDS MN 55433 P~: 343224440078 COUN1RY RIDGE PARTNERSHIP 2619 COON RAPIDS BL YO #101 COON RAPIDS MN 55433 P~: 343224440079 ANDOVER CITY OF 1685 CROSSTOWN BL YO ANDOVERMN 55304 P~: 353224320001 ANOKA COUNTY OF 2100 3RD AVENUE ANOKA MN 55303 P~: 353224330001 ANOKA COUNTY OF 2100 3RD AVE .A '''f}KA MN 55303 , ;' \ J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE March 18.1997 AGENDA SECTION ORIGINATING DEPT. Finance Jean D. McGann Non-Discussion Item ITEM NO. JJ \ Adopt ResolutionlIntent to Bond/Capital Improvement Projects REOUEST The Andover City Council is requested to adopt the attached resolution regarding the reimbursement of expenditures by financing the specified capital improvement projects with special assessment bond proceeds. \ ,i This resolution complies with IRS regulations for the issuance of General Obligation Special Assessment bonds that are used for reimbursing the City for expenditures incurred prior to issuance of debt. J RESOLUTION NO. , I RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Recitals. (a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds ofthe City's bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. , / (b) The Regulations generally require that the City make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment). (c) The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions ofthis Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the City Clerk or Finance Director to make the City's Declarations. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. -"-. J / (b) Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. (c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect to issue reimbursement bonds to finance the subject projects costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. (d) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. 3. Reimbursement Allocations. The designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. 4. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. / Adopted this 18th day of March, 1997, by the Andover City Council. / '\ J EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and acting City Clerk of the City of Andover, Minnesota, pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150- 2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the Andover City Council to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be financed: SEE A TT ACHED ': , J 3. The City reasonably expects to reimburse itselffor the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued by the City after the date of payment of such costs. As of the date hereof, the City reasonably expects that $ is the maximum principal amount of the Bonds which will be issued to finance the Project. 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150-2(d) (3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: March 18 ,199-1 Victoria Volk, City Clerk , J ) CERTIFICATION The undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, hereby certifies the following: The foregoing is true and correct copy of a Resolution on file and of official, publicly available record in the offices of the City, which Resolution relates to procedures of the City for compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly adopted by the governing body of the City (the "Council") at a regular or special meeting of the Council held March , 1996. Said meeting was duly called, regularly held, open to the public, and held at the place at which meeting of the Council are regularly held. Councilmember moved the adoption of the Resolution, which motion was seconded by Councilmember . A vote being taken on the motion, the following members of the Council voted in favor of the motion to adopt the Resolution: and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full force and effect and no action has been taken by the Council which would in any way alter or amend the Resolution. WITNESS MY HAND officially as the City Clerk of the City of Andover, Minnesota, this_ 18th day of March. 1997. 1. E. McKelvey Victoria Volk, City Clerk '. J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: March 18, 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J, Haas, _~ Engineering ~ ITEM NO. ~.3~pprove Final PlaUCherrywood Estates (Timber Oaks Estates) The City Council is requested to approve the resolution approving the final plat for the Cherrywood Estates development project. The final plat is found to be in compliance with the preliminary plat. It is recommended that the final plat be approved subject to the following stipulations: J 1. City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of this site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved or any revisions thereof. 4. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 5, The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. The dedication will be a combination of cash and land. Note: The variances were approved as part of the approval of the preliminary plat. J / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF CHERRYWOOD ESTATES AS BEING DEVELOPED BY WOODLAND DEVELOPMENT IN SECTION 36, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Council approved the preliminary plat of Cherrywood Estates ; and WHEREAS, the Developer has presented the final plat of Cherrywood Estates. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Cherrywood Estates contingent upon receipt of the following: 1. City Attorney presenting a favorable title opinion, 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of this site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved or any revisions thereof. 4, Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 5, The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7, Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission, The dedication will be a combination of cash and land. BE IT FURTHER RESOLVED by the City Council of the City of Andover that: 1. Variance from Ordinance 10, Section 9.06 F to allow double frontage lots along Prairie Road. Block 1, Lots 12-18, Block 2, Lots 1-5, Variance from Ordinance 10, Section 9.03G as the proposed streets do exceed the maximum allowed of 500 feet length for the cul-de-sacs north of 139th Lane NW. Subject to custom grading. 2. -' 3. Adopted by the City Council of the City of Andover this 18th day of March, 19~. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk / J MAR,12,1997 9:52AM TO: ANDOVER NO,404 P.1/1 I. e;~~. , \ . / 3601 Thurston Avenue Anoka, Minnesota 55303 612[427-5860 Fax 612/427-346,- 0520 March 12, 1997 Mr. Todd Haas City of Andover 1685 Crosstown Boulevard NW Andover, MN 65304 RE: Plat of Timber Oaks Estates Dear Todd: \ J During the duration of planning and engineering tho above subdivision, another plat was filed with the Anoka County Recorders office using the name of Timber Oaks Estates. Therefore Woodland Development has renamed this subdivision to CHERRYWOOD ESTATES. This name has been approved by the Anoka County Surveyor's Office and we will be revising and forwarding to you revised copies of the final plat reflecting this revision. If you have any questions, please feel free to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES INC. kas ce: Peter R. Raatikka, PE Byron Westlund - Woodland Development CS44-72,t0 " Engineers Landscape Architects Surveyors CITY OF ANDOVER REQUEST FOR COUNCIL ACTION .I DATE: March 18 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGIN~NG DEPARTMENT ~~dd J. Haas, Engineering ITEM NO. ~~ ~pprove Final PlaUWoodland Estates The City Council is requested to approve the resolution approving the final plat for the Woodland Estates development project. The final plat is found to be in compliance with the preliminary plat. It is recommended that the final plat be approved subject to the following stipulations: / 1. City Attorney presenting a favorable title opinion, 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of this site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved or any revisions thereof. 4. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative, 5. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 6, Receipt of all necessary drainage and utility easements outside the plat if necessary. 7, Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. , , Note: The variances listed in the resolution were approved as part of the approval of the preliminary plat. \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND ESTATES AS BEING DEVELOPED BY WOODLAND DEVELOPMENT IN SECTION 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Council approved the preliminary plat of Woodland Estates ; and WHEREAS, the Developer has presented the final plat of Woodland Estates. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Woodland Estates contingent upon receipt of the following: 1. City Attorney presenting a favorable title opinion, 2, Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer, 3, The developer escrow for the uncompleted grading of this site which is to be determined by the City Engineer or if the site is completed, a letter from the / developer's engineer that lots and streets are graded according to the grading plan submitted and approved or any revisions thereof. 4. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 5. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded, 6, Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U,S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8, Park dedication as recommended by the Park and Recreation Commission. BE IT FURTHER RESOLVED by the City Council of the City of Andover that: / 1. A variance from Ordinance 10, Section 9.02C for the separation between Nightingale Street NW and the proposed 150th Lane NW. 2. The existing accessory structures are to termini for remain of no more than four (4) years and shall be described in the Development Agreement. 3. A variance from Ordinance 8, Section 6.02 for the following: a) Lot 12, Block 10, minimum lot depth requirement. b) Lot 12, Block 6, minimum lot depth requirement. Adopted by the City Council of the City of Andover this 18th day of March, 19~. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk / / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " ) DATE: March 18. 1997 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Todd J. Haas, X Engineering<"~ ITEM NO. !)!/prove Feasibility ReporU97-5lWoodland Estates 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 97-5 for sanitary sewer, watermain, street and storm sewer in the area of Woodland Estates. \ / 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, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-5 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA WOODLAND ESTATES, WHEREAS, the City Council did on the ...11L day of January, 19 97 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 18th day of March, 19---9L; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 1,876 940.00 \ / NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 1 876 940,00 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA 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 $ 118000.00 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 regular meeting this 18th day of March, 19---9L, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: \, ) J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Ma~ch 18, 1997 AGENDA NO. SECTION ORIGINATING DEPARTMENT APPROVED FOR6:JA BY: ITEM "9' 1997 STREET SWEEPING QUOTES /7({O. Following are quotations for the 1997 Spring Street Sweeping Contract for the City of Andover: Ray Sowada -- Street Dept. Supervisor . Contract Maintenance Service Fleet of Elgin and Tymco 1997 Sweepers Rick Beightol-- 757-6328 Quote rate is $58.50 per hour · ASTECH Self-propelled Pick-up (Elgin or similar) Sweepers Mary L. Popp -- 320-253-2217 (St. Cloud) Quote rate is $59.00 per hour · Allied Blacktop Company Fleet of 11 Elgin (Pelican) 1980-1997 Sweepers Dan Smith -- 425-0575 Quote rate is $59.95 per hour · Mike McPhillips, Inc. Fleet of Elgin Sweepers Michael R. Edge -- 451-4030 Quote rate is $61.00 per hour Weestimate it will take approximately 250 hours to sweep the City. Weather permitting, sweeping could begin during or shortly after the second week in April. We recommend that Council accept the $58.50/hr. quote from Contract Maintenance Service for the 1997 Spring Street Sweeping Contract. / Monies for this contract are budgeted in the Streets & Highways Budget for 1997, MOTION: SECOND: FILE: C:IMSOFFICEICOJI897.DOC CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \, DATE: March 18, 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Todd Haas, -A~ Engineering ~ ITEM NO. /}\ Approve Resolution/96-1/Kelsey-Round Lake Park Grant Application rxt. The City Council is requested to approve the resolution as required as part of the application for the Outdoor Recreation Grant Program through the MNDNR for continuing development (Phase II) and Kelsey-Round Lake Park. The Park and Recreation Commission did hold a public hearing as required by the DNR at their meeting of March 6, 1997. The adjacent property owners were notified of the public hearing. No public input was made regarding the continuing development of the park. This is a 50-50 grant. Maximum the City can request from the DNR is $50,000. A map is available in your packet for your review of the proposed trails. " J j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. BE IT RESOLVED that the City of Andover act as legal sponsor for the project contained in the Outdoor Recreation Grant Program Application to be submitted on March 18, 1997 and that the Assistant City Engineer is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Andover. BE IT FURTHER RESOLVED that the City of Andover has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life, BE IT FURTHER RESOLVED that the City of Andover has not incurred any costs and has not entered into any written agreement to purchase property. BE IT FURTHER RESOLVED that the City of Andover has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. , , BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Andover may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Andover certifies that it will comply with all applicable laws and regulations as stated in the contract agreement and described in the Compliances section of the Outdoor Recreation Grant Program Application, NOW, THEREFORE BE IT RESOLVED that the City of Andover is hereby authorized to execute such agreement as are necessary to implement the project on behalf of the applicant. Adopted by the City Council of the City of Andover this March.1997. 18th day of I CERTIFY THAT the above resolution was adopted by the City Council of the City of Andover on March 18, 1997. CITY OF ANDOVER ATTEST: \ / J.E. McKelvey - Mayor Victoria Volk - City Clerk / Minnesota Department of Natural Resources 500 Lafayette Road 51, Paul. Minnesota 55155.40~ April 5, 1996 H ""', ",.... -.- .-- ,"-- ",,' '."" ;" "'J' ~.""_'\""'..... .~.- :' .' Mr. Todd Haas Park Coordinator 1685 Crosstown Blvd. NW Andover , MN 55304 APR 9 1996 CITY C:., ...-.,..... ,>'JER RE: Outdoor Recreation Grant Program Application Dear Mr. Haas: The Minnesota State Legislature did not authorize bonding dollars for the Outdoor Recreation Grant Program this session. Therefore, we have decided to extend the application deadline for the Outdoor Recreation Grant Program to March 31, 1997, This deadline will correspond with the Legislative Commission on Minnesota Resources' (LCMR) intention to fund the Local Initiatives Grants Program which includes funding for the Outdoor Recreation Grant Program. The funding would be available July 1, 1997. / Application request forms and program information will be mailed out this fall for all of the programs available through the Local Initiatives Grants Program. The deadline for the Outdoor Recreation Grant Program will be March 31, 1997. You will not need to submit a new application request form. The application forms you are currently working with will not change. The application review and evaluation period will begin March 31, 1997 with grant awards announced in early summer. We expect that approved projects could begin during the summer of 1997. We apologize for any inconvenience this may have caused. Applications may be submitted before the March 31 deadline for review and comments from program staff, If you have any questions or concerns, please feel free to contact the staff person assigned to your area or me at 612/296-1567. Sincerely, VrJ- '/'.:1. ~</J'tvC::- Wayne Sames, Supervisor Local Grants Program .' DNR Information: 612-296,6157. I.XOO,766,6000 . TTY: 612.296,54H4. I,HOO.657.3929 All Equal Or;>nrtUIll!Y Elllrl{)~<..'r \\'ho Valu!.:..; Oiwrsity ^ Printed un R<..'I..-ycJ<..'d Par~r Containing a ~.) \1inimurn uf ]IV; POSI-COI1:-.unH.'r \\'a...I": CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \, DATE: March 18, 1997 .. AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Todd J. Haas, Engineering~ ITEM NO. Accept Feasibility Report/Order Plans & Specs/ $~4/Bunker Lake Blvd, & Prairie Road Improvements The City Council is requested to approve the resolution ordering the improvements of intersection improvements and bikeway/walkway trails, Project 97-14, in the area of Bunker Lake Boulevard and Prairie Road and directing preparation of final plans and specifications. The total improvement cost is estimated at $244,400.00. $220,600.00 is proposed to be paid from Municipal State Aid funds. $15,000.00 is proposed to be assessed to Bunker LLC for the Shadowbrook development for the bikeway/walkway path along the east side of Prairie Road, , which has already been agreed to by the developer, $8,SOO.00 is proposed to be a City cost J which will be paid for from park dedication funds to complete the trail along Bunker Lake Boulevard over to Prairie Road from the east. \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF INTERSECTION IMPROVEMENTS & BIKEWAYIWALKWAY TRAILS, PROJECT NO. 97-14 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 97 -14 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate SEH as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember and adopted by the , / City Council at a regular meeting this 18th day of March ,19 97 , with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , J DATE: March 18 1997 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Todd J. Haas, /' Engineering ITEM NO. _~Acept Feasibility ReporU97-7/Crown Pointe East 2nd Addn. :::x 1 , 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 97-7, for sanitary sewer, watermain, street and storm sewer in the area of Crown Pointe East 2nd Addition. / , I CITY OF ANDOVER \ COUNTY OF ANOKA , J STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-7 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA CROWN POINTE EAST 2ND ADDITION WHEREAS, the City Council did on the 21st day of January, 19 97 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by McCombs Frank Roos Associates, Inc. and presented to the Council on the 18th day of March, 19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and , WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 633 360,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 633,360,00 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA 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 $ 47,000 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 regular meeting this 18th day of March ,19~, with Councilmembers voting . in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed, CITY OF ANDOVER J / ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: March 18. 1997 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Todd J. Haas, ./ Engineering ~ ITEM NO. Accept Feasibility Report/97 -6/Shadowbrook 2nd Addition 30. 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 97-6 for sanitary sewer, watermain, street and storm sewer in the area of Shadowbrook 2nd Addition. , / '. / " 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, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-6 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA SHADOWBROOK 2ND ADDITION WHEREAS, the City Council did on the -Z1L day of January, 19 97 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 18th day of March, 19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and / WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 2.497 820.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 2497,820,00 waive the Public Hearing and order improvements, BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA 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 $ 150 000.00 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 regular meeting this 18th day of March , 19~, 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: March 18, 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, Engineering ~ ITEM NO. Accept Petition/97 -18/752 - 140th Lane NW 3\. 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 for Project 97- 18, in the area of 752 - 140th Lane NW, The property owner at the above noted address has requested City sanitary sewer service for their property. / \ / , , 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, PROJECT NO. 97-18, IN THE 752 - 140TH LANE NW AREA. WHEREAS, the City Council has received a petition, dated March 7 1997 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: , / 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous, 2. Escrow amount for feasibility report is -0- 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member and adopted by the City Council at a regular meeting this 18th day of March, 19 97, with favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in voting Councilmembers CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk MHt< l:ll ":H l:ll::l: ll:l tt.LL \.LN I U< , .... '1]-/8 \ I , }Vfarch ~, 199~ AndOllQr eit!! EngiltQQr 1685 eyomown rJoulfWard)JW Ilndover, Minnesota 55304 Re: Municipal 9mpl'ollement$ Dear City engineer: We do hel'eby petition for improvement~ ,of :sanitarfJ sewer with the c:~~ of the improvement to be a:ssc:sscd (one lot) against my benefiting prcpertfJo m:so, we herebfJ pditlon for improvemQnt of water main (as loltta as our yard is dug up) - to YUn copper piptH1 to house but not to COJUrect and m2t to bfI / assflssed until actual hoole-up for wafer. Said petItion is unanimous and the public hearing may be waived. We would like to be aSSf1.ssed for the ~wer oller cr filIe-yecrr period. Sincerely, t iJWL...~J.~ Orwid and Sharon SzylcuJsId 152-1~Oth JAne}JW Andoller, }VtinnBsota 55301; ~55-4~tf6 I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE MMeh 18, 1997 ORIGINATING DEPa;1Nr Jeff Johnson Planning AGENDA I\Q SECTION Non-Discussion ITEM I\Q ~, Approve Ordinance Summary Ordinance No. 205 Adopting MN State Building Code The City Council is asked to review and approve the attached ordinance summary of Ordimmce No, 205 - Adopting the Minnesota State Building Code. The City Council approved this ordinance at the March 4, 1997 meeting. In approving the summary, the Council must find that the publication of the title and summary clearly inform the public of the intent and effect of the ordinance, A four-fifths , '_ ) (4/5) vote is required to approve the summary for publication. , , / MOTION BY: SECOND BY: APPROVED FOR AGENDA BY: j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 205 SUMMARY AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE: PROVIDING FOR ITS ADMINISTRATION AND ENFORCEMENT: REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, 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 PENAL TIES FOR THE VIOLATION THEREOF: STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. J Policy The City finds it necessary to adopt the Minnesota State Building Code in order to administer, enforce and regulate the architectural design, boulevard improvements, construction, reconstruction, alteration, and repair of buildings and other structures to which the code is applicable. Uniform performance standards are established by code which establish reasonable safeguards for health, safety, welfare, comfort, and security of the residents of this City. The City of Andover also finds it necessary to apply specific construction or design standards for buildings or structures located or constructed within 200 to 500 feet ofthe Waste Disposal Engineering Quality Facility. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions ofthis ordinance shall apply to the City of Andover. \ j Enforcement A Minnesota certified Building Official shall be appointed by the City of Andover to administer the code (Minnesota Statute 16B.65). Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Abrogation and Greater Restrictions It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. A printed copy of this ordinance is available for inspection by any person during regular office hours ofthe City Clerk and at the Andover Branch ofthe Anoka County Library. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 18, 1997 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED f\O Non-Discussion ~a FOR AGENDA ITEM f\O BY: Adopt Ordinance No. 23E Planning (To Repeal Ordinance No. 23) Jeff Johnson 33. REQUEST The City Council is asked to adopt Ordinance 23E. As proposed, this ordinance (An Ordinance Relating to the Regulation and Keeping of Equines within the City of Andover) would be deleted. J For further information, please refer to the January 28, 1997 and February 25, 1997 Planning and Zoning Commission minutes. " ) MOTION BY: SECOND BY: \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , J ORDINANCE NO. 23E AN ORDINANCE AMENDING ORDINANCE NO. 23 ADOPTED THE 16TH DAY OF AUGUST, 1974 KNOWN AS AN ORDINANCE RELATING TO THE REGULATION AND KEEPING OF HORSES, FOALS AND PONIES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Ordinance No. 23 is hereby amended as follows: Ordinance No. 23 adopted August 16, 1974, Ordinance No, 23A adopted December 20, 1988, Ordinance No. 23B adopted September 6,1990, Ordinance No. 23C adopted October 2,1990 and Ordinance No. 23D adopted May 7,1991 are hereby repealed. Adopted by the City Council of the City of Andover on this _ day of 1997. / ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk 1. E. McKelvey, Mayor Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 1997 \ Page 6 I DISCUSSION - ORDINANCE NO. 200 - AN ORDINANCE REGULATING THE MOVING OF BUILDINGS OVER PUBLIC RIGHTS-OF-WAY AND THE PLACEMENT ON PARCELS OF LAND Mr. Johnson asked for final comments on the draft Ordinance 200 regulating the moving of buildings before forwarding it to the City Council. The consensus of the Commission was to forward the ordinance to the City Council with a recommendation for approval. ORDINANCE REVIEW - ORDINANCE NO. 22, LICENSING OF CONTRACTORS Mr. Johnson stated the City Clerk and Building Department proposed no changes to this ordinance. The proposal is to update the language. Commissioner Wells suggested drywall contractors be licensed by the City. Commissioner Squires stated in 1974 the State precluded City reg~lation of some professions, which may pre-empt local licensing. He suggested Staff check with the State to be sure the City is stiL!.. allowed to license. Mr. Johnson stated he will.check with the State and he will also c!leck with surrounding cities as to whether or not they license drywall c:x:;::ractors. It was noted the werd "conditional" should be corrected to "conditioning" in the title of SectioYl 2. (0 ,!) ~-- / ORDINAl-ICE REVIEW - ORDINANCE NO. 23 - REGULATING AND KEEPING OF EQUINES Mr. Jchnsen explained the ordinance is working extremely well, and he explained the process us~d to regulate the keeping of equines in the City. Only minor language changes will be made. Chairperson Peek suggested input be received from the Equestrian Council before making any changes. Also, the spelling of "burro" must be corrected. ORDIN.WCE REVIEW - ORDINANCE NO. 24 - PROVIDING SALARIES OF THE MAYOR AND COUNCIL MEl'!BERS Mr. Jehnson stated no changes are being proposed. renumbered. The Commission had no comment. The ordinance will be ORDINANCE REVIEW - ORDINANCE NO. 26 - ABOLISH CLERK/TREASURER AND CREATING THE POSITION OF TREASURER THE POSITION OF CITY CITY CLERK AND CITY Mr. Johnson explained this needs to be maintained as a separate ordinance. The Commission had no comment. .' ORDINA..1<fCE REVIEW - ORDINANCE NO. 2'7 - STREET NAME CHANGE - CHANGING THE NAME OF 169TH AVENUE NW TO 169TH LANE NW IN SYLVESTER'S ADDITION Mr. Johnson explained the Ci ty must make street name changes by ordinance. He will be talking to the City Attorney about a proposal to create one ordinance for this which would be amended each time a street name is changed. The Commission had no comment, \ ; \ J G ') , Regular Planning and Zoning Conunission Meeting February 25, 1997 - Minutes Page 13 Mr. Hinzman reviewed the request of Chris Beberg and John Skogman to operate a landscape supply and contracting business at 13540 Hanson Boulevard, the site of Roger's Auto Body. The property is zoned I, Industrial. Ordinance 8 allows retail trade and serviCes in an Industrial District by Special Use Permit. MOTION by Wells, seconded by Barry to open the public hearing. Motion carried unanimously. Chris Beberg explained that they will be selling plants, trees, shrubs, dirt, and mulch. Their hours of operation will be Monday through Friday 7:00 am to 8:00 pm, Saturday from 7:00 am to 5:00 pm and Sundays from 11:00 am to 4:00 pm. Chainnan Peek asked if there is adequate parking. Mr. Hinzman noted that there is. MOTION by Wells, seconded by Gamache to close the public hearing. Motion carried unanimously. MOTION by Wells, seconded by Leudtke to forward to the City Council a resolution granting a Special Use Permit requested by Chris Beberg and John Skogman to operate a retail trade and service facility on property owned by Roger Streich with the hours as stated by the applicant and with the con<iition that at no time will material be located o~tside the building or outside the storage area. Motion carried unanimously. This will go to the Gty Council on March 18, 1997. Ordinance Review Jeff Johnson, Zoning Administrator, reviewed the following ordinances: Ordinance No. 22 - Licensing of Contractors. Mr. Johnson noted that the building department will be rewriting this ordinance. Ordinance No. 23 - Keeping of Equines. The Equestrian Council met and recommended the changes as suggested by staff. Ordinance No. 24, Providing Salaries for Mayor and Council Members. This ordinance will be repealed and replaced by Ordinance 209. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 18, 1997 DATE AGENDA SECTION Non-DiscussIOn t-n ORIGINATING DEPARTMENT ITEM t-n Adopt Ordinance No. 207 Regulating the Keeping of Equines PI' I' L1n, Je~on t~\J,;( vI! APPROVED FOR AGENDA BY: 34, REQUEST The C.ity Council is asked to review and adopt Ordinance No. 207 - An Ordinance Regulating the Keeping of Equines within the City of Andover. ) The Equestrian Council met on February 11, 1997 and has reviewed and agrees with the proposed language changes made by staff in this ordinance. Please advise staff in regards to any recommended or proposed changes. , ) MOTION BY: SECOND BY: ! CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 207 AN ORDINANCE REL\TING TO THE REGUL\TION REGULATING ANI) THE KEEPING OF EQUINES WITHIN THE CITY OF ANDOVER The City Council ofthe City of Andover hereby ordains: Section 1. Purpose. The pur:pose and intent of this ordinance is to allow equines in residential zoned districts and to ensure proper handling. care. and treatment of equines. Section I. Section 2. Definitions. Definitions. Equine are any ass, burrows, donkeys, foals, gelding, horses, mare, mules, ponyies and stallion. J Foal is an equine which has not reached the age of one (1) year. Lot is a designed parcel, tract or area of land established hy plat, subdivision, or as otherNise permitted by law, to be used, developed or built upon as a \:1flit. Parcel is a designated lot. tract or area of land established by plat. subdivision. or as otherwise permitted by law. to be used. developed or built upon as a unit. Public Hearing is a meeting announced and advertised in advance and open to the public, with the public given an opportunity to speak and participate. Public Hearing Notice is the an advertisement of a public hearing in a paper of general the City's official newspaper circulation in the area, and through other media sources, indicating the time, place and nature of the public hearing. Public Land is land owned or operated by R'l1lnicipal, school district, emmty, state ar other ga'/ernm.eHtalrmits. \ / Public Property land owned or operated by municipal. school district. county. / state or other governmental units. Rear Yard is the portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot. Structure is anything erected, the use of which requires more or less permanent location on the ground, or attached to something having a permanent location on the ground and meets Uniform Building Code requirements. V RriRnee is permission to depart from the literal requirements of this OrdinlH'lce as it pertains to yard, area, eoyerage, setback, size Elfld other requiremeflts of the applicable zoning district. It does inelude the use of the lot or parcel within the zoning district in which it lies. Seetion II. Section 3. "A~ereRge RelJ.Hirements. Acreage Requirements. \ / The following chart prescribes the number of equines that can be maintained on the lots sizes as shown residential zoned parcels of land as shown: Acreage Number of Equines Permitted Less than 2.5 acres 2.5 acres but less than 3 acres 3 acres but less than 3,5 acres 3,5 acres but less than 4 acres 4 acres but less than 4.5 acres 4.5 acres but less than 5 acres 5 acres or more o equines (none permitted) 1 to 3 equines 1 to 4 equines 1 to 5 equines 1 to 6 equines 1 to 7 equines No more than 3 equines per acre ACfl~a!;e ~Jumber of Equines Permitted , Less than 2,5 aeres 2.5 acres 3.0 acres 3.5 acres 4.0 acres 4.5 acres 5.0 acres More thElfl 5 acres None permitted 3 equines 4 equines 5 equines () equines 7 equines 8 equines No more than 3 equines per acre \ Any foal under the age of one (I) year is not considered to be a permanent part of the equine count and does not affect the number of equines permitted as established in the chart above. Section 4. Sketch Drawing Required. Prior to maintaining and boarding an equine or equines on any parcel of land between two and one-half (2 112) and five (5) acres. the property owner shall provide a sketch drawing to the Planning and Zoning Department. The required sketch drawing information shall include the following: 1, Name and address ofthe fee owner of the subiect property where the equine(s) are to be maintained and the name and address of occupant of subiect property, 2. Legal description of subject property. 3. Acreage of subiect property and area enclosed by corral and/or fence. 4. The number of equines to be maintained on subject property, ; 5. Sketch drawing showing. to scale: a) Location of all buildings on subiect property: b) Location and area of said fence or corral on subject property: c) Location and distance from subiect property of all adiacent property's buildings: and d) Area on subiect property where manure will be stored. Seetion III. Section 5. Feneing and Corral Rel;luirements: Fencing and Corral Requirements. A: On all plats parcels of land maintaining equines, there shall be thereon a secure fence or corral enclosing at least eight hundred (80054.) square feet ofland per equine. B-: Said fence or corral shall be located no closer than fifty (50) feet from any residence and shall be of sufficient height and strength to retain such equines. Fencing materials and type to be approved by the Equestrian Council. Seetion IV. Section 6. Shelter RelJ.uirements: Shelter Requirements. J A: On all plots parcels of land maintaining equines, there shall be a shelter or covered structure to protect the equines from the elements of weather. Said shelter or structure shall have a minimum roof size and living area of eighty (80 54,) square feet per " ) equine to protect the equine from direct rays of the sun when temperatures exceed ninety- five (95) degrees Fahrenheit. be structurally sound. free ofiniurious matter. maintained in good repair and ventilated. B-:- Said structure shall be no closer than one hundred (100) feet from the habitable portion of any dwelling and fifty (50) feet from abutting property lines. ~ The separation between the shelter (accessory structure) or structure and the well shall be as established by State Health Codes (23D, 5-07-91). \ D. Shelter mewt be pro'iided which protects from direct rays ofihe Sl:lll 'Nhen temperatures exceed 95 degrees Fa-hrenheit, from wiad, and from freeziag preeipitation, Sl:Ieh. shelter shall be stmct1:H'ally s01:ll1d, free ofiajuricll:ls matter, maintailled ia good repair EffiE! ventilated. SeetiaH V. Section 7. Yanl RestrietiaHs. Yard Restrictions. No equines shall be maintained, except in the rear yard, for t*ets parcels ofland three (3) acres or less, without review by the Equestrian Council and approval by the City Council. SeetiaH VI. Section 8. MaHure MaHagemeHt. IHseet aHd RadeHt CaHtral Manure Management. Insect and Rodent Control. " A. Manure shall be handled or treated in such a manner so as not to create a public nuisance and shall be conducted in the rear yard only. Accumulations of manure shall not be allowed in the front and side yards. B., Corrals, pens, stables or similar enclosures shall be maintained in a manner to minimize fly breeding and rodent infestation. C. No persoa shall allow Effi eql:liRe to leave a-eeum1:llatioRs of manure on EffiY street, sidewalk or alley, nor upOll any opea area or lot iR aa-y residential portioR of the City. Accumulations of equine manure on any public rights-of-ways sidewalk or alley shall not be permitted and the equine owner shall be responsible to abate such nuisances. 8eetiaH VII. Crueltr ta EquiHes. Section 9. Care and Maintenance of Equines. No equiae shall be treated cruelly or inh.1:lmEffiely by MY person or in 'iiolation of Minnesota 8tat1:ltes 313.01 313.40, preventiRg cruelty to aaimals. (23.\, 12 20 88). Proper care and maintenance of each equine shall be the responsibility of the person. firm or cOl:poration designated as the owner. caretaker or custodian of such equine, No equine shall be treated cruelly or inhumanely by any person or in violation ofthe State law. / I 8cetion VIII. Control. Tres);lass and Public Roadways: Section 10. Control. Trespass and Public Rights-of Ways. , A: L No person, firm or corporation shall permit any equine of which he is the OWfler, caretaker or custodian to run at large within the City of .^.ndover. Such equines will be deemed to run at large when it is off the premises owned or rented by its owner and unaccompanied by the owner, or an agent or employee of the owner. ~ The Mayor City Administrator or any its designated ageRt designee of the City may impound any 5l:leh equine found at large and shall provide proper sustenance for any and all such equiRes impounded equine. The Mayor City Administrator or his designated agent its designee shall then within twenty-four (24) hours after such equine has been impounded, post written notice at the City Hall describing such equine and stating that it has been impounded, Notification shall be given to the Equestrian Council. No sl:leh eq1:liRe impouRded shall be released except to a person displayiRg a receipt from the City Clerk showing the pay-meRt of reasonable costs of feediag, housing, impounding afld '/eterinary care. . , Costs incurred by the City for impounding a equine shall be paid by the equine owner to the City prior to releasing the equine, An impounded equine shall be released only to a person providing proof of ownership and displaying a receipt from the City Clerk showing payment of the reasonable costs of impounding. housing feeding. and veterinarian care. Go If--In the event a any equine impounded by the City is not redeemed within two (2) weeks fourteen (14) calendar days, the Mayor City Administrator or his desigRated ageflt its designee shall give an additional three (3) days notice of the time and place where such equines will be sold by posting notice at the .City Hall. If such equine cannot be sold on the day stated, it may be sold as soon as possible thereafter without notice. The proceeds from such sale shall be deposited in the City's general fund. D. The City Clerk shall turn over the proceeds of any sale to the City Treasurer. On order of the City CouRcil, the City Treasurer shall pay to the OWfler of sHch animal the differeRee betweeR the sale price as state ia SeetioR VIII (C) after dedl:leting the cost of feediag, hOHsing, il'l'lpoURdiRg, yeterinary care aRd sales charges, if the O',Vfler makes claims for sHch mORies within one (1) year from the date of sale; otherwise it shall be forfeited to the City. , J E. No persoa shall break into or release aft)' such eql:liBe legally impounded. \ J ~ 2. No person may ride or drive an equine after the hour of sunset and before the hour of sunrise along or crossing any public way without appropriate lighting or reflectorized clothing. fh 3.. No person shall ride or drive an equine in any public park, beach, ef school yard or public property except within the rights-of-ways of public streets and highways and in such areas duly designated as a trail way or hitching area, If:. ~ No person shall ride or drive any equine upon private property without the prior permission of the owner or owners or occupant thereof. I-,.5.... No person shall interfere with any equine being ridden, ef driven or kept in a lawful manner. Section X. Section 11. Equestrian Couneil. Equestrian Council. A. The City Council hereby authorizes the establishment of an Equestrian Council to assist the City Clerk Planning and Zoning Department in inspection of the premises onhose seeking an eqHine permit, to recebe compliance, to resolve and investigate complaints from those aggrieved by equines, to advise horsemen equine owners against whom complaints have been lodged and to atWise recommend to the City Council ef appropriate action. :g., The City Council The Equestrian Council shall appoiRt consist of seven (7) members persons whom are residents of the City. to the Equestrian COl.:lRcil, induding. Members shall include when possible, a representative of the- largest horse oriented a equine-oriented association or club and !! veterinarian. Members of the Equestrian Council are appointed by City Council and three (3) members shall serve a one (1) year term and four (4) members shall serve a two (2) year term. Each succeeding term shall be for two (2) years. Any member is eligible for reappointment at the end of their term. C. The EquestriaR CouRcil shall reeommeRd appro'ial or disappro'ial to the City COlmeil of variance requests which ha-'ie to do ,,,ith the size of the corral area and shelter area, loeation of the equiRes (rear yard yerSHS side and froRt yard), and similar requests, lJI other yariaRce requests would be preseRted to the Planning and ZoniFlg Commission and their recommendatioR preseRted to the City Council for final aetiOFl. Section 12. Permit Required. . , No person. firm or cOI:poration will keep. stable or maintain equines within the City on parcels of land less than five (5) acres without obtaining an application for a permit from the City, Each application shall include a sketch drawing as stated in Section 4. The \ / Equestrian Council will review such application and shall make final determination (approval or denial) of the permit The Equestrian Council shall inspect the premises for to assure compliance with the standards and regulations of this ordinance prior to a permit being issued. The permit (if issued) will be of indefinite duration but is subject to revocation. Sectian XII. Permit Re":aeatian and Enfareement af this Onlinanee. Section 13. Permit Revocation. /\., /.fl-y permit issued pl:lfsuant to this OrdinaHce may be reT/oked by the City COl:1llcil ifthe City Cel:mcil fiBds, after iw:estigation and after holding a pl:lblic heMing, that any of the Sections or Sl:lbsectioRs of this Ordinance have been "/iolated. Property oWRers aBd eccupaRts within three hundred fifty (350') feet of the property in questioR shall be Rotified in vffitiRg, although failure by any property eVlner or eccupant to receive such Rotice shall Bot ily/alidate the proceediBgs. NetificatioB shall be by mail. .' For the p1.:lrposes ef giyiBg mailed Rotice, the persoR responsible for mailing the netice ma I:Ise any appropriate recerds to determiBe the Barnes and addresses of O\VRers. /\. copy eEthe notice and a list of the ewners aHd addresses to which the notice was seRt shall be attested to by such persoR and shall be made a part of the record efthe proceediRgs. The failure to give mailed notice to iFldiyidual property owners, or defects iB the notice, shall not ill-validate the proceedings, provide a bona fide attempt te comply with this section has been made. All requests by residents or staff seeking revocation of a permit for equines shall be made in writing to the City Clerk. The City Clerk shall refer the request to the Planning and Zoning Department. A staff report will be prepared and discussed at a City Council meeting within thirty (30) days the written request was received. All property owners and occupants within three hundred and fifty (350) feet of the property in question will be notified by mail at least ten (10) days prior to the City Council meeting, Failure of any property owner(s) or occupant(s) to receive such public hearing notice shall not invalidate such proceedings, At such public hearing. the City Council shall determine whether revocation of the permit for equines is warranted and shall issue written Findings of Fact. Conclusions of Law and an Order pertinent to revocation. The Findings of Fact. Conclusions of Law. and an Order shall be filed with the City Clerk and shall be mailed to all interested parties appearing or represented at said hearing. , J J Seetian XIII. Sunset Clause. Section 14. Sunset Clause. The City CouReil City Administrator or i1s duly appointed official will may inspect the property for which the pennit was granted nine (9) months after appro'ial by the C01:lncil. the permit was granted or approved to determine that the property is in compliance with the provisions of this ordinance. Ifit is detenniRed that no sigRificant progress has been made d1:lring tRat time frame, the pennit Reider 'Ifill be Rotified by the City C01:lncil as to the eonditicJR oftRe pennit. If the City Coancil determiRes that no sigRifieaRt progress has been made iR the first year after the approyal of the permit attempts have not been made to comply with the provisions of this ordinance one (1) year after the permit was issued, the permit will be declared null and void. Seetian XV. Section 15. Severllbility. Severability. \ If any section, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions ofthis ordinance. The City Council declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase irrespective of the fact that anyone or more sections, subsections, clauses or phrases be declared unconstitutional (23D, 5-07- 91). , / Section 16. Variances. Variances from the literal provisions of this ordinance shall be processed and granted or denied in the same manner and based on the same criteria as stated in the Zoning Ordinance, Seetian XIV. CrllndVllrenting. Section 17. Grandparenting. Any use or structure constructed prior to May 7. 1991 for the purpose of sheltering equines lawfully e~dstiRg upOR the effeetiye date of this OrdiRaRce may be continued at the size and in the manner of operation. mdstiRg UpOR s1:leh date as hereiRafter specified. (23D,5-07-91) Seetian XVI. Revelller Cllluse. \ J OrdiRailce No, 23, adopted July 9, 1974, OrdiRance 23/., adopted December 20, 1988, and OrdiRaRce 'He. 23B, adopted September 9,1990 are hereby repealed. (23D, 5 0791) " Seeti8D XVII. Validity aDd Effeetive Date. Section 18. Validity and Effective Date. J This ordinance shall be effective from and after its passage and publication. accordiFlg to la's. (23D, 5 07 91) Adopted on this _ day of the City of Andover. , 1997, by the City Council of ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk 1. E. McKelvey, Mayor / i '. APPLICATION FOR EQUINE PERMIT (Parcels ofland less than five [5] acres) , I Applicant Name: Phone Number: Date: Address (where equines will be maintained): Property Owner's Address (if different from above): Quantity of Equines: Number of Acres where equines will be maintained: , J Location and Size of Corral: TypelMaterials of Fencing: Please attach legal description of property where equines will be maintained. Notes: / \ J Please attach Sketch Drawing showing the following: 1. Location of all buildings on subject property. 2. Location of well. 3. Fenced in horse pasture area. 4. Location and distance from subject property of all adjacent property's buildings. 5. Area on subject property where manure will be stored. Notes: Comments by Equestrian Council: Reviewed by: Equestrian Council Approved by: Equestrian Council Chairperson / \ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE IvI<udllS, l~~J AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion 8j. Adopt Ordinance No. 24F (To Repeal Ordinance No. 24) (],j~4 Planning ~ Jeff Johnson BY: ITEM t\O. REQUEST The City Council is asked to adopt Ordinance 24F. As proposed, this ordinance (An Ordinance Providing for the Salaries of the Mayor and Council Members of the City of Andover) would be deleted. For further information, please refer to the January 28, 1997 and February 25, 1997 Planning and Zoning Commission minutes. \ J MOTION BY: SECOND BY: ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 24F AN ORDINANCE AMENDING ORDINANCE NO. 24 ADOPTED THE 22ND DAY OF NOVEMBER, 1974 KNOWN AS AN ORDINANCE PROVIDING FOR THE SALARIES OF THE MAYOR AND COUNCIL MEMBERS OF THE CITY OF ANDOVER, MINNESOTA. The City Council ofthe City of Andover hereby ordains as follows: Ordinance No. 24 is hereby amended as follows: Ordinance No. 24 adopted November 22,1974, Ordinance No. 24A adopted September 7,1976, Ordinance No. 24B adopted September 7,1982, Ordinance No. 24C adopted October 2, 1984, Ordinance No. 24D adopted October 7, 1986 and Ordinance No. 24E adopted June 21, 1988 are hereby repealed, Adopted by the City Council of the City of Andover on this _ day of 1997. -' ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor , / \ ) Regular Andover Planning and Zoning commission Meeting Minutes - January 28, 1997 Page 6 DISCUSSION _ ORDINANCE NO. 2aa - AN ORDINANCE REGULATING THE MOVING OF BUILDINGS OVER PUBLIC RIGHTS-OF-WAY AND THE PLACEMENT ON PARCELS OF LAND Mr. Johnson asked for final comments on the draft Ordinance 200 regulating the moving of buildings before forwarding it to the City Council. The consensus of the Commission was to forward the ordinance to the City Council with a recommendation for approval. ORDINANCE REVIEW - ORDINANCE NO. 22, LICENSING OF CONTRACTORS Mr. Johnson stated the City Clerk and Building Department proposed no changes to this ordinance. The proposal is to update the language. Commissioner Wells suggested drywall contractors be licensed by the City. Commissioner squires stated in 1974 the State precluded City reg~lation of some professions, which may pre-empt local licensing. He suggested Staff check with the State to be sure the City is stiU. allowed to license. Mr. Johnson stated he will check with the State and he will also check with surrounding cities as to whether or not they license drywall contractors. It was noted the werd "conditienal" should be corrected to "conditioning" in the title of Section 2. ORDINAl-ICE REVIEW _ ORDINANCE NO. 23 - REGULATING AND KEEPING OF EQUINES Mr. Jehnsen explained the ordinance is working extremely well, and he explained the process uSi':d .to regulate the keeping of equines i:1. the Ci ty. Cr.ly minor language changes \'/ill be made. Chairperson Peek suggested input be received from the E~~estrian Council before making any changes. Also, the spelling of "burro" must be corrected. ORDIN.WCE REVIEW _ ORDINANCE NO. 24 - PROVIDING SALARIES OF THE MAYOR 1!ND COUNCIL MEMBERS @ Mr. Johnson stated no changes are being proposed. The ordinance will be renumbered. The Commission had no comment. ORDINANCE REVIEW _ ORDINANCE NO. 26 - ABOLISH THE POSITION OF CITY CLERK/TREASURER AND CREATING THE POSITION OF CITY CLERK AND CITY TREASURER Mr. Johnson explained this needs to be maintained as a separate ordinance. The Commission had no comment. .' .' ORDINANCE REVIEW _ ORDINANCE NO. 27 - STREET NAME CHANGE - CHANGING THE NAME OF 169TH AVENUE NW TO 169TH LANE NW IN SYLVESTER'S ADDITION Mr. Johnson explained the City must make street name changes by ordinance. He will be talking to the City Attorney about a proposal to create one ordinance for this which would be amended each time a street name is changed. The Commission had no comment. Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes ,/ Page 13 Mr. Hinzman reviewed the request of Chris Beberg and John Skogman to operate a landscape supply and contracting business at 13540 Hanson Boulevard, the site of Roger's Auto Body. The property is zoned I, Industrial. Ordinance 8 allows retail trade and serviCes in an Industrial District by Special Use Permit. MOTION by Wells, seconded by Barry to open the public hearing. Motion carried unanimously. Chris Beberg explained that they will be selling plants, trees, shrubs, dirt, and mulch. Their hours of operation will be Monday through Friday 7:00 am to 8:00 pm, Saturday from 7:00 am to 5:00 pm and Sundays from 11:00 am to 4:00 pm. Chairman Peek asked if there is adequate parking. Mr. Hinzman noted that there is. MOTION by Wells, seconded by Gamache to close the public hearing. Motion carried unanimously. MOTION by Wells, seconded by Leudtke to forward to the City Council a resolution granting a Special Use Permit requested by Chris Beberg and John Skogman to operate a retail trade and service facility on property owned by Roger Streich with the hours as stated by the applicant and with the con<lition that at no time will material be located o~tside the building or outside the storage area. Motion carried unanimously. This will go to the City Council on March 18,1997. Ordinance Review Jeff Johnson, Zoning Administrator, reviewed the following ordinances: Ordinance No. 22 - Licensing of Contractors. Mr. Johnson noted that the building department will be rewriting this ordinance. Ordinance No. 23 - Keeping of Equines. The Equestrian Council met and recommended the changes as suggested by staff. (~) Ordinance No. 24, Providing Salaries for Mayor and Council Members. This ,~ ordinance will be repealed and replaced by Ordinance 209. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 18, 1997 DATE AGENDA ~CnON ORIGINATING DEPARTMENT APPROVED f\O. Non- ISCUSSlOn FOR AGENDA ITEM Adopt Ordinance No. 209 Ploonmg 0# f\O. BY: Providing for the Salaries of the Jeff Johnso . Mayor and Council Members eM. REQUEST The City Council is asked to review and adopt Ordinance No. 209 - An Ordinance Providing for the Salaries of the Mayor and Council Members of the City of Andover. Please advise staff in regards to any recommended or proposed changes. , ) \ ) MOTION BY: SECOND BY: ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , ORDINANCE NO. 209 AN ORDINANCE PROVIDING FOR THE SALARIES OF THE MAYOR AND COUNCIL MEMBERS OF THE CITY OF ANDOVER, MINNESOTA The City Council of the City of Andover hereby ordains as follows: Section 1. Salary of Mayor. The salary of the Mayor of the City of Andover shall be $4,200 annually. Section 2. Salary of Council Members. The salary ofthe Council Members ofthe City of Andover shall be $3,600 annually. Section 3. Effective Date. I The salaries established in this ordinance shall become effective on January 1 st of each year. (6-21-88, Ord. 24) Adopted by the City Council of the City of Andover on this _ day of ,1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 18, 1997 AGENDA Non~rJJg~on t\Q DATE ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t\Q 31. Adopt Ordinance No. 211 Abolishing the Position of City Clerk-Treasurer and Creating the Positions of City Clerk and Treasurer Planning Jeff Johnson BY: REQUEST The City Council is asked to review and adopt Ordinance No. 211 - An Ordinance Abolishing the Position of City Clerk-Treasurer and Creating the Positions of City Clerk and City Treasurer. Please advise staff in regards to any recommended or proposed changes. \ J / MOTION BY: SECOND BY: '\ J CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 211 AN ORDINANCE ABOLISHING THE POSITION OF CITY CLERK-TREASURE AND CREATING THE POSITIONS OF CITY CLERK AND CITY TREASURER. The City Council of the City of Andover hereby ordains as follows: Section 1. Creation of Positions. The City Council hereby abolishes the office of Clerk/Treasurer and creates the offices of City Clerk and City Treasurer in the City of Andover. Section 2. Duties and Responsibilities. The duties and responsibilities of City Clerk and City Treasurer shall be those duties and responsibilities required by State law and as explained in their respective job descriptions. Section 3. Annual Audit. , ./ Beginning with the year of which this ordinance becomes effective, the Council shall provide for an annual audit of the City's financial affairs by the State Auditor or a public accountant in accordance with the procedures prescribed by the State Auditor. (12-9-96, Ord. 26B) Adopted by the City Council of the City of Andover on this _ day of 1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor , ./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Man.!, 18, l~~) AGENDA SECTION r-o. ORIGINATING DEPARTMENT Non-Discussion (1 /l It .I 1 ~~~ Planning V, Jeff Johnson APPROVED FOR AGENDA ITEM r-o. BY: Adopt Ordinance No. 26C .$, (To Repeal Ordinance No. 26) REQUEST , ) The City Council is asked to adopt Ordinance 26C. As proposed, this ordinance (An Ordinance Abolishing the Position of City Clerk-Treasurer and Creating the Positions of City Clerk and City Treasurer) would be deleted. For further information, please refer to the January 28, 1997 and February 25, 1997 Planning and Zoning Commission minutes. \ ) MOTION BY: SECOND BY: '\ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 26C AN ORDINANCE AMENDING ORDINANCE NO. 26 ADOPTED THE 20TH DAY OF MAY, 1974 KNOWN AS AN ORDINANCE ABOLISHING THE POSITION OF CITY CLERK-TREASURER AND CREATING THE POSITIONS OF CITY CLERK AND CITY TREASURER. The City Council of the City of Andover hereby ordains as follows: Ordinance No. 26 is hereby amended as follows: Ordinance No. 26 adopted May 20,1974, Ordinance No. 26A adopted January 13, 1976 and Ordinance No. 26B adopted December 9, 1986, Ordinance No. 26A adopted are hereby repealed. Adopted by the City Council of the City of Andover on the _ day of 1997. / ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk 1. E, McKelvey, Mayor Regular Andover Planning and Zoning commission Meeting J Minutes - January 28, 1997 Page 6 DISCUSSION _ ORDINANCE NO. 200 - AN ORDINANCE REGULATING THE MOVING OF BUILDINGS OVER PUBLIC RIGHTS-OF-WAY AND THE PLACEMENT ON PARCELS OF LAND Mr. Johnson asked for final comments on the draft Ordinance 200 regulating the moving of buildings before forwarding it to the City Council. The consensus of the Commission was to forward the ordinance to the City Council with a recommendation for approval. ORDINANCE REVIEW - ORDINANCE NO. 22, LICENSING OF CONTRACTORS Mr. Johnson stated the City Clerk and Building Department proposed no changes to this ordinance. The proposal is to update the language. Commissioner Wells suggested drywall contractors be licensed by the City. Commissioner Squires stated in 1974 the State precluded City reg~lation of some professions, which may pre-empt local licensing. He sClggested Staff check witl1 the State to be sure the City is stiU. allowed to license. Mr. Johnson stated he will check with the State and he will also check with surrounding cities as to whether or not they license drywall cor:;:ractors. It was noted the word "conditional" should be correcced to "conditioning" in the title of Section 2. . J ORDINANCE REVIEW - ORDINANCE NO. 23 - REGULATING AND KEEPING OF EQUINES Mr. Johnsen explained the ordinance is working extremely well, and he explained the process us~d co regulate the keeping of equines in the City. Only minor language changes \'1il1 be made, Chairperson Peek suggested input be received from the E~~estrian Council before making any changes. Also, the spelling of "burro" must be corrected. ORDIN.WCE REVIEW - ORDINANCE NO. 24 - PROVIDING SALARIES OF THE MAYOR .uID COUNCIL MEMBERS Mr. Johnson stated no changes are being proposed. The ordinance will be renumbered. The Commission had no comment. ~ ORDINANCE REVIZ',., - ORDINANCE CLERK/TREASURER AND CREATING TREASURER NO. THE 26 - ABOLISH THE POSITION OF CITY POSITION OF CITY CLERK AND CITY Mr. Johnson explained this needs to be maintained as a separate ordinance. The Commission had no comment. .' .' ORDINA..TofCE REVIEW - ORDINANCE NO. 27 - STREET NAME CHANGE - CHANGING THE NAME OF 169TH AVENUE NW TO 169TH LANE NW IN SYLVESTER'S ADDITION ; Mr; Johnson explained the City must make street name changes by ordinance. He will be talking to the City Attorney about a proposal to create one ordinance for this which would be amended each time a street name is changed. The Commission had no comment. / (~ / Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 14 Ordinance No. 26 - Abolishing the Position of City Oerk-Treasurer and Creating the Positions of City Oerk and Treasurer. This ordinance will be repealed and Ordinance 211 will take its p~ce. Ordinance No. 27 - Street Name Change. All ordinances changing or renaming streets will be repealed and Ordinance 212 will take their place. The commission had no comment on the ordinances. MOTION by Leudtke, seconded by Squires to adjourn. Motion carried unanimously. Meeting adjourned at 11:55 p.rn. Respectfully submitted, LL. tI./b Vicki V olk Acting Recording Secretary CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 18, 1997 DATE AGENDA ~CTlON ORIGINATING DEPARTMENT APPROVED tn Non- ISCUSSlOn FOR AGENDA - , ITEM Adopt Ordinance No. 212 Planning tn BY: ChanginglRenaming Street Names Jeff Johnson Qq. REQUEST The c,ity Council is asked to review and adopt Ordinance No, 212 - An Ordinance ChanginglRenaming Street Names in the City of Andover. Please advise staff in regards to any recommended or proposed changes. \ ) \ / MOTION BY: SECOND BY: J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 212 AN ORDINANCE CHANGING/RENAMING STREET NAMES IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 1. (Changing the street name of Eldora do Street to Navajo Street). The street presently known as Eldorado Street is hereby renamed Navajo Street. (2-12-74,Ord.18) Section 2. (Changing the street name of 169th Avenue to 169th Lane in Sylvester's Addition). J The street presently known as 169th Avenue located in Sylvester's Addition, Section 8, Township 32, Range 24, is hereby renamed 169th Lane. (6-3-75, Ord. 27) Section 3. (Changing the street name of Flora Street NW to Ivywood Street NW between 169th Lane and 170th Avenue in the Subdivision known as Kadlec Addition). The street presently known as Flora Street NW in Kadlec Addition, Section 9, Township 32, Range 24, is hereby renamed Ivywood Street NW between 169th Lane NW and 170th Avenue NW. (4-7-81, Ord. 54) Section 4. (Renaming 165th Lane NW in Lund's Evergreen Estates, Second Addition to 166th Avenue NW). The street presently known as 165th Lane NW located in Lund's Evergreen Estates Second Addition in the south half of the southeast quarter of Section 9, Township 32, Range 24, is hereby changed to 166th Avenue NW. " (12-4-84, Ord. 67) .' " J Section 5. (Changing the street name of Ward Lake Drive to Hanson Boulevard between 177th Avenue and 181st Avenue). The street presently known as Ward Lake Drive from 177th Avenue to 181 st Avenue in Section 2, Township 32, Range 24 and Section 3, Township 32, Range 24, is hereby renamed Hanson Boulevard. (12-15-87, Ord. 83) Section 6. (Changing the grid street name of Albatross Street to Avocet Street in the City of Andover). The grid street known as Albatross Street is hereby changed to Avocet Street. (1-12-88, Ord. 84) Section 7. (Renaming Verdin Street to Crosstown Boulevard from 139th to the southern city limits and renaming existing Crosstown Boulevard from 139th to Bunker Lake Boulevard to the name of Crosstown Drive). Verdin Street, located in Sections 33-32-24 and 34-32-24, is hereby changed to '. Crosstown Boulevard from 139th to the southern city limits, and the existing Crosstown . j Boulevard from 139th to Bunker Lake Boulevard is hereby renamed Crosstown Drive. (7-18-89, Ord. 91) Section 8. (Changing the name of the Old Part of Constance Boulevard from 800 feet east of Goldenrod Street NW to University Avenue to the name of Old Constance Boulevard). The street known as Constance Boulevard as located 800 feet east of Goldenrod Street NW to University Avenue, Section 13, Township 32, Range 24 is hereby renamed to "Old Constance Boulevard". (3-19-91, Ord. 94) Section 9. (Changing the name of the old part of Valley Drive, previously known as County Road No. 58, from 700 feet south of Dakota Street NW to CSAH No.7 or 7th Avenue NW). The street presently known as Valley Drive as located 700 feet south of Dakota Street NW to CSAH No.7 (7th Avenue), Section 18, Township 32, Range 24 is hereby renamed to "Old Valley Drive NW". / (3-2-94, Ord. 105) \ / Section 10. (Changing the name of 164th Lane NW west of Arrowhead Street NW in Lund's Evergreen Estates 2nd Addition to 164th Avenue NW). The street presently known as 164th Lane NW west of Arrowhead Street NW in Lund's Evergreen Estates 2nd Addition is hereby renamed 164th Avenue NW. (1O-1-96,Ord. 115) Section 11. (Changing the name of 138th Lane NW between Lots 1 and 4 of Block 2, Woodland Creek 3rd Addition to Ivywood Street and Heather Street). The street presently known as 138th Lane NW between Lots 1 and 4 of Block 2, Woodland Creek 3rd Addition is hereby renamed Ivywood Street and Heather Street. The following addresses are hereby changed: 1. 3061 - 138th Lane NW is changed to 13885 Ivywood Street NW 2. 3039 - 138th Lane NW is changed to 13880 Heather Street NW (10-15-96, Ord. 116) J Adopted by the City Council of the City of Andover on this _ day of 1997. CITY OF ANDOVER 1. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 18, 1997 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED t-O N on-Discussion a\\~ FOR AGENDA ITEM t-O BY: Adopt Ordinance No. 18A, 27A, Planning 54A, 67A, 83A, 84A, 91A, 94A, 105A, Jeff Johnson L)(), 115A and 116A REQUEST The City Council is asked to adopt Ordinance the following ordinances: Ordinance No. 18A (Repeal Ord. 18) Ordinance No. 27A (Repeal Ord. 27) / Ordinance No. 54A (Repeal Ord. 54) Ordinance No. 67A (Repeal Ord. 67) Ordinance No. 83A (Repeal Ord. 83) Ordinance No. 84A (Repeal Ord. 84) Ordinance No. 91A (Repeal Ord. 91) Ordinance No. 94A (Repeal Ord. 94) Ordinance No. 105A (Repeal Ord. 105) Ordinance No. 115A (Repeal Ord. 115) Ordinance No. 116A (Repeal Ord 116) As proposed, these ordinances (Street Name Changes/Renarning of Streets) would be deleted. For further information, please refer to the January 28, 1997 and February 25, 1997 Planning and Zoning Commission minutes. \ / MOTION BY: SECOND BY: \ / J " j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 18A AN ORDINANCE AMENDING ORDINANCE NO. 18 ADOPTED THE 12TH DAY OF FEBRUARY, 1974 KNOWN AS AN ORDINANCE CHANGING THE NAME OF ELDORADO STREET TO NAVAJO STREET. The City Council of the City of Andover hereby ordains: Ordinance No. 18 is hereby amended as follows: Ordinance No. 18 adopted February 12, 1974 is repealed. Adopted by the City Council of the City of Andover on this _ day of 1997. A TrEST: Victoria Vo1k, City Clerk CITY OF ANDOVER J. E. McKelvey, Mayor , I \ -' / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 27 A AN ORDINANCE AMENDING ORDINANCE NO. 27 ADOPTED THE 3RD DAY OF JUNE, 1975 KNOWN AS AN ORDINANCE CHANGING THE NAME OF 169TH AVENUE TO 169TH LANE IN SYLVESTER'S ADDITION. The City Council of the City of Andover hereby ordains: Ordinance No. 27 is hereby amended as follows: Ordinance No. 27 adopted June 3, 1975 is repealed. Adopted by the City Council of the City of Andover on this _ day of 1997. A TrEST: Victoria V olk, City Clerk CITY OF ANDOVER J. E. McKelvey, Mayor J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 54A AN ORDINANCE AMENDING ORDINANCE NO. 54 ADOPTED THE 7TH DAY OF APRIL, 1981 KNOWN AS AN ORDINANCE CHANGING THE NAME OF FLORA STREET NW TO IVYWOOD STREET NW BETWEEN 169TH LANE AND 170TH AVENUE IN THE SUBDIVISION KNOWN AS KADLEC ADDITION. The City Council of the City of Andover hereby ordains: Ordinance No. 54 is hereby amended as follows: Ordinance No. 54 adopted April 7, 1981 is repealed. Adopted by the City Council of the City of Andover on this _ day of 1997. \ ATrEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor " I . , I / \ j , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 67A AN ORDINANCE AMENDING ORDINANCE NO. 67 ADOPTED THE 4TH DAY OF JUNE, 1984 KNOWN AS AN ORDINANCE RENAMING 165TH LANE IN LUND'S EVERGREEN ESTATES, SECOND ADDITION TO 166TH AVENUE. The City Council of the City of Andover hereby ordains: Ordinance No. 67 is hereby amended as follows: Ordinance No. 67 adopted June 4, 1984 is repealed. Adopted by the City Council of the City of Andover on this _ day of 1997. ATIEST: Victoria V olk, City Clerk CITY OF ANDOVER 1. E. McKelvey, Mayor '\ J , j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 83A AN ORDINANCE AMENDING ORDINANCE NO. 83 ADOPTED THE 15TH DAY OF DECEMBER, 1987 KNOWN AS AN ORDINANCE CHANGING THE STREET NAME OF WARD LAKE DRIVE TO HANSON BOULEVARD BETWEEN 177TH , AVENUE AND 181ST AVENUE. The City Council of the City of Andover hereby ordains: Ordinance No. 83 is hereby amended as follows: Ordinance No. 83 adopted December 15, 1987 is repealed. Adopted by the City Council of the City of Andover on this _ day of 1997. A TrEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor '\ j '\ j J \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 84A AN ORDINANCE AMENDING ORDINANCE NO. 84 ADOPTED THE 12TH DAY OF JANUARY, 1988 KNOWN AS AN ORDINANCE CHANGING THE GRID STREET NAME OF ALBATROSS STREET TO AVOCET STREET IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: Ordinance No. 84 is hereby amended as follows: Ordinance No. 84 adopted January 12, 1988 is repealed. Adopted by the City Council of the City of Andover on this _ day of 1997. A TIEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 91A AN ORDINANCE AMENDING ORDINANCE NO. 91 ADOPTED THE 18TH DAY OF JULY, 1989 KNOWN AS AN ORDINANCE RENAMING VERDIN STREET TO CROSSTOWN BOULEVARD FROM 139TH TO THE SOUTHERN CITY LIMITS AND RENAMING EXISTING CROSSTOWN BOULEVARD FROM 139TH TO BUNKER LAKE BOULEVARD CROSSTOWN DRIVE. The City Council of the City of Andover hereby ordains: Ordinance No. 91 is hereby amended as follows: Ordinance No. 91 adopted July 18, 1989 is repealed. Adopted by the City Council of the City of Andover on this _ day of 1997. ,. A TrEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor " J '\ , j / \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 94A AN ORDINANCE AMENDING ORDINANCE NO. 94 ADOPTED THE 19TH DAY OF MARCH, 1991 KNOWN AS AN ORDINANCE CHANGING THE NAME OF THE OLD PART OF CONSTANCE BOULEVARD FROM 800 FEET EAST OF GOLDENROD STREET NW TO UNIVERSITY AVENUE EXTENSION TO OLD CONSTANCE BOULEVARD. The City Council of the City of Andover hereby ordains: Ordinance No. 94 is hereby amended as follows: Ordinance No. 94 adopted March 19, 1991 is repealed. Adopted by the City Council of the City of Andover on this _ day of 1997. A TIEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor , 'J , , / } CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.1 05A AN ORDINANCE AMENDING ORDINANCE NO. 105 ADOPTED THE 2ND DA Y OF MARCH, 1994 KNOWN AS AN ORDINANCE CHANGING THE NAME OF THE OLD PART OF V ALLEY DRIVE, PREVIOUSLY KNOWN AS CR NO. 58, FROM 700 FEET SOUTH OF DAKOTA STREET NW TO CSAH 7 (7TH AVENUE). The City Council of the City of Andover hereby ordains: Ordinance No. 105 is hereby amended as follows: Ordinance No. 105 adopted March 2,1994 is repealed. Adopted by the City Council of the City of Andover on this _ day of 1997. A TIEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor " ,. . \ . I " , I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 115A AN ORDINANCE AMENDING ORDINANCE NO. 115 ADOPTED THE 1ST DAY OF OCTOBER, 1996 KNOWN AS AN ORDINANCE CHANGING THE NAME OF 164TH LANE NW WEST OF ARROWHEAD STREETNW IN LUND'S EVERGREEN ESTATES 2ND ADDITION TO 164TH AVENUE NW. The City Council of the City of Andover hereby ordains: Ordinance No. 115 is hereby amended as follows: Ordinance No. 115 adopted October 1, 1996 is repealed. Adopted by the City Council of the City of Andover on this _ day of 1997. ATrEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 116A AN ORDINANCE AMENDING ORDINANCE NO. 116 ADOPTED THE 15TH DAY OF OCTOBER, 1996 KNOWN AS AN ORDINANCE CHANGING THE NAME OF 138TH LANE NW BETWEEN LOTS 1 AND 4 OF BLOCK 2, WOODLAND CREEK 3RD ADDITION TO IVYWOOD STREET AND HEATHER STREET. The City Council of the City of Andover hereby ordains: Ordinance No. 116 is hereby amended as follows: Ordinance No. 116 adopted October 15,1996 is repealed. Adopted by the City Council of the City of Andover on this _ day of 1997. . \ / ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor '\ j Regular Andover Planning and Zoning Commission Meeting Minutes - January 28, 1997 Page 6 DISCUSSION - ORDINANCE NO. 200 - AN ORDINANCE REGULATING THE MOVING OF BUILDINGS OVER PUBLIC RIGHTS-OF-WAY AND THE PLACEMENT ON PARCELS OF LAND Mr. Johnson asked for final comments on the draft Ordinance 200 regulating the moving of buildings before forwarding it to the City Council. The consensus of the Commission was to forward the ordinance to the City Council with a recommendation for approval. ORDINANCE REVIEW - ORDINANCE NO. 22, LICENSING OF CONTRACTORS Mr. Johnson stated the City Clerk and Building Department proposed no changes to this ordinance. The proposal is to update the language. Commissioner Wells suggested drywall contractors be licensed by the City. Commissioner Squires stated in 1974 the State precluded City regulation of some professions, which may pre-empt local licensing. He suggested Staff check 'Nith the State to be sure the City is stil~ allowed to li.cense. Mr. Johnson stated he will check with the State and he will also check with surrounding cities as to whether or not they license drywall contractors. It was noted the word "conditional" should be corrected to "conditi.oning" in the title of Section 2. ORDINANCE REVIEW - ORDINANCE NO. 23 - REGULATING AND KEEPING OF EQUINES / Mr. Johnsen explained the ordinance is working extremely well, and he explained the process us~d co regulate the keeping of equines in the City. Only minor language changes \oJill be made. Chairperson Peek suggested input be received from the Equestrian Council before making any changes. Also, the spelling of "burro" must be corrected. ORDINANCE REVIEW - ORDINANCE NO. 24 - PROVIDING SALARIES OF THE MAYOR AND COUNCIL MEMBERS Mr. Johnson stated no changes are being proposed. The ordinance will be renumbered. The Commission had no comment. ORDINANCE REVIEW - ORDINANCE NO. 26 - ABOLISH THE POSITION OF CITY CLERK/TREASURER AND CREATING THE POSITION OF CITY CLERK AND CITY TREASURER Mr. Johnson explained this needs to be maintained as a separate ordinance. The Commission had no comment. @ ORDINANCE REVIEW - ORDINANCE NO. 27 - STREET NAME CHANGE - CHANGING THE NAME OF 169TH AVENUE NW TO 169TH LANE NW IN SYLVESTER'S ADDITION \ / Mr. Johnson explained the Ci ty must make street name changes by ordinance. He will be talking to the City Attorney about a proposal to create one ordinance for this which would be amended each time a street name is changed. The Commission had no comment. \ / Regular Planning and Zoning Commission Meeting February 25, 1997 - Minutes Page 14 Ordinance No. 26 - Abolishing the Position of City Oerk-Treasurer and Creating the Positions of City Oerk and Treasurer. This ordinance will be repealed and Ordinance 211 will take its ph!.ce. @ Ordinance No. 27 - Street Name Change. All ordinances changing or renaming streets will be repealed and Ordinance 212 will take their place. The commission had no comment on the ordinances. MOTION by Leudtke, seconded by Squires to adjourn. Motion carried unanimously. Meeting adjourned at 11:55 p.rn. Respectfully submitted, , LL. tI~ " Vicki V olk Acting Recording Secretary , I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " J DATE: March t 8. t 997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Fire Department Dan Winkel, Fire Chief ITEM NO. Authorize and Approve Bids/Interior Painting at Fire Station # 1 and #2 '-it. REQUEST: The Fire Department is asking the City Council to authorize and approve bids for interior painting at fire Stations #1 and #2. This project is a 1997 budgeted item. The interior painting at Station #1 consists of the following areas upstairs: 1) the sleeping quarters 2) the weight training room 3) hallway. Also included are the north and south stairwells and lower hallway connecting the offices. Please note that all of the upstairs painting will be paid for by the / Minnesota State Fire Service Certification Board. There was some testing done at our building that was not suppose to include hands-on self contained breathing apparatus training. However, the instructor mis-understood, and damage occurred as the result of fire fighters practicing will full turn out gear on. The walls sustained hand prints, scuff marks and other miscellaneous damage. The cost to paint the upstairs areas is $515.00. The remainder of the painting will be done at station #2. The communications room and hallway will have walls only painted. The following four (4) bids were received for this project: Archies Painting and Decorating Precision Painting and Remodeling Sovia's Painting and Wallpapering Smith Brothers Decorating $1,380 $2,210 $2,176 $2,465 Staff recommends that Archies Painting and Decorating be authorized to do the painting at both Station #1 and Station #2. Staff is also recommending the City Council accept and approve bids as received. \ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: March 18. 1997 AGENDA SECTION ORIGINATING DEPARTMENT N on-Discussion Fire Department Dan Winkel, Fire Chief ITEM NO. Authorize Bids and Approve Repairs on Fire Department Vehicle ~. REOUEST: The Fire Department is asking City Council to authorize and approve bids for auto body repairs to the Chevrolet Suburban. The Suburban is a 1988 and had an engine replacement in 1995. The intent of the body work is to repair damage from an accident and to ensure that this vehicle will last for at least five more years. There is a moderate amount of apparent surface rust that could be repaired if acted upon now. / The vehicle was involved in an accident about a year ago, and sustained damage to the drivers side. The vehicle was parked at the site of a traffic accident when a passing motorist slid into the drivers side of the Suburban. The insurance company for the other vehicle will cover all damages caused as a result of the accident. This amount is $2,696.11. The total amount to repair damages, to the drivers side, repair all rust spots, replace rear cargo doors (due to rusting) and repaint the entire vehicle is $5,989.66. This cost does not include lettering and striping, which will be an additional $800. The additional body repairs, not including the damage from the accident, are not a budgeted item for 1997. However, staff believes it would be appropriate to do all the repair work at this time to ensure no additional rusting occurs. Staff received two bids for all ofthe repair work. They as follows: Highway Equipment Co. RogersAuto Body $4,789.66 $6,087.33 1.) Add $1,200 toreplace rear cargo doors 2.) Includes replacementofrear cargo doors , , Staff is recommending Council accept the bids and authorize Highway Equipment Co. to perform all repairs to the Chevrolet Suburban. \ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 18.1997 AGENDA SECTION ORIGINATING DEPARTMENT Administration Richard Fursman N on-Discussion/Consent lITEM NO. '-t3. GFOA Conference REOUEST: The Andover City Council is requested to approve the attendance of the City Finance Director at the GFOA (Government Finance Officer Association) Conference to be held in Fort Lauderdale, Florida May 31 - June 4, 1997. , I The GFOA Conference offers the broadest educational opportunity for City Finance Directors each year. The National conference also provides the City with the opportunity to enrich the talent of the professional staff, while recognizing the accomplishments and contribution. Jean McGann has demonstrated an exceptional level of professionalism and value to the citizens of Andover. Enclosed is a summary of some of the educational and conference highlights. I have estimated the cost of the conference as follows: Registration Hotel Air-fare Meals Transportation $535 410 320 120 100 The Conference costs are part of the 1997 Budget allocations. " ~wledge of your jurisdiction's financial picture with the euectiveness it deserves. This session will cover a practical understanding of your audience, your room, and your tools. Included will be tips and techniques from effective presenters on how to turn an adequate presentation into a persuasive argument. Building Health Care Purchasing Coalitions The why, how, types, and results of health care purchasing coalitions will be the focus of this preconference session. Speakers will outline the reasons why coalitions are start- ed and the steps necessary to create a coalition. A signifi- cant portion of the program will be dedicated to case stud- ies, each of a different type of coalition, e.g., joint purchasing, risk pooling, public-private, and quality control. Saturday (full-day) Banking Relations Participants will be provided with detailed description of services offered by banks, and how to best obtain services. A detailed analysis of a banking service "Request for Proposal" will be included along with guidance on how to develop one for your government entity. Saturday morning (half-day) / Effective Hiring in the Finance Function This session will show you how to make use of interview's with those candidates most likely to be productive mem- bers of your organization. The strengths, weaknesses, and effective uses of resumes, interviews, application forms, and references will be discussed and examined. Designing and Using Visuals for Presentations Well-presented, effective visuals increase the impact of your message in a major way. This session will focus on how the needs of the audience and your tools dictate the form of your presentation. Included will be discussions of types of visuals, ways of using graphs and graphics, and simple methods to produce them. Saturday afternoon (half-day) '\ ) Conflict Resolution In these high-pressure times, diffusing and deflecting con- flict is more important that ever. Conflict drains energy, misdirects staff, shortens careers, and reproduces itself without control. Learn how to detect conflict, handle its expression, and constructively release it. Managing Difficult Employees Some of your most talented employees can be your most difficult to manage and make productive. Learn how to channel employee energy to constructive goals while maintaining even-handedness in your dealings with all your employees. Registration for Preconference Seminars Registration fees are: for one half-day seminar-$125 for GFOA members/$150 for nonmembers; for two half-day seminars-$225 for GFOA members/$275 for nonmem- bers; for three half-day seminars-$325 for GFOA mem- bers/$400 for nonmembers; for the full-day seminar-$280 for GFOA members/$300 for nonmembers; and for one half-day and the full-day seminar-$375 for GFOA mem- bers/$425 for nonmembers. Using the registration form at the back of this brochure check the seminars you wish to attend. Then enter the amount due under "Total Fees." To qualify for student fees you must be an unemployed, full-time student. You will receive a written confirmation of your registration. The registration fees for the full-day seminar include all handout materials, a hosted luncheon, and coffee breaks. These fees do not cover lodging or other meals. All fees must be paid at the time registration is picked up. See page 12 for cancellation policies. CONCURRENT SESSIONS Governmental Accounting/Auditing and Financial Reporl;ing , Reinventing Internal Auditing Sunday, June 1 1:30 p.m. - 2:30 p.m. Increasingly, internal auditors in the public sector are reevaluating how they can offer the maximum benefit to the governments they serve. This session will explore how internal auditors can provide value to management by tak- ing a more active role in performance auditing, forensic auditing, and systems design. Certificate Program Update SUllday, June 1 1:30 p.m. - 2:30 p.m. This session will update participants on the most recent changes affecting governments that submit their compre- hensive annual financial reports to the GFOA's Certificate of Achievement for Excellence in Financial Reporting Program. Particular attention will be paid to the imple- mentation of recent authoritative pronouncements and common reporting deficiencies. Using the Internet to Publish Financial Information Sunday, June 1 2:45 p.m. - 3:45 p.m. \ . u1 Internet has developed rapidly into a powerful com- munications tool. This session will help finance profession- als to make use of this new tool to communicate govern- ment financial information directly to citizens. Issues to be addressed include the posting of information, major haz- ards and pitfalls, and the protection of financial data. Evaluating Internal Controls Sunday, June 1 2:45 p.m. - 3:45 p.m. This session will explore the guidance provided in the GFOA's new publication Evaluating Internal Controls: A Guide for Local Government Managers. Specific topics that will be addressed in the session include the components of a comprehensive internal control framework, planning for the testing and evaluation of control-related policies and procedures, and the public manager's role in the preven- tion and detection of fraud. GASH Update Monday, June 2 10:30 a.m. - noon This session will provide the chair of the Governmental Accounting Standards Board (GASB) and the vice-chair of . 'Governmental Accounting Standards Advisory ,-~..incil (GASAC) the opportunity to update participants on the most recent actions and future direction of the GASB and the GASAC. Among developments to be dis- cussed will be the recent decision that was made to expand the membership of the GASB. Protecting Data in Computer Systems Monday, June 2 10:30 a.m. - noon With so many individuals accessing data, a government's computer system has never been more at risk. This session will examine security concerns regarding external access to a government's computer system. Internet- and intranet- related issues also will be considered. Also, guidance will be provided on adequate backup procedures. The Impact of the Year 2000 on Governments Monday, June 2 1:45 p.m. - 3:15 p.m. The year 2000 is just around the corner. Is your govern- ment prepared? This session will examine how to identify if your government faces a potential "Year 2000" problem. Internal and external options for resolving this potential problem also will be addressed. " ) Comprehensive or Concise? Reevaluating Required Note Disclosures Monday, June 2 1:45 p.m. - 3:15 p.m. Many observers have criticized the length and complexity of the note disclosures for state and local governments cur- rently mandated by generally accepted accounting princi- ples. This session will feature a variety of views on how note disclosure requirements could be improved. New and Improved Single Audits Monday, June 2 3:30 p.m. - 5 p.m. Recently, the President signed into law legislation that amends the Single Audit Act of 1984. This session will examine in detail how the new legislation and related implementing circulars will affect audits of state and local governments. Improving the Odds: Using Ratios to Evaluate Financial Condition and Performance Monday, June 2 3:30 p.m. - 5 p.m. Users of state and local government financial statements often are unsure how to use the information they find there to assess a government's financial condition and per- formance. For such users, ratio analysis can be the key to unlocking the message of the financial statements. This session will describe a variety of ratios specifically tailored to state and local governments that can be used effectively for this purpose. Canadian Accounting: Current Status and Future Directions Monday, June 2 3:30 p.m. - 5 p.m. Local governments across Canada continue to monitor closely the efforts of the Canadian Institute of Chartered Accountants (CICA) to improve accounting and financial reporting in the public sector. This session will focus on the current status of these efforts as well as on the CICA's timetable for completing its work. Under Construction: An Update on the GASB's Financial Reporting Model Project Tuesday, June 3 10:15 a.lIl. - 11:45 a.m. The governmental financial reporting model is the most ambitious project ever undertaken by the Governmental Accounting Standards Board or its predecessors. This ses- sion will update participants on the current status of that project and on the anticipated timetable for its eventual implementation. Tracking Capital Improvement Projects Monday, June 2 1:45 p.m. - 3:15 p.m. , 1 '. ~lcipants will learn how to collect, track, and report on capital improvement projects. Discussion will include an overview of the various tracking methods such as "critical path" and Gantt charts and variance reporting. Welfare Reform and Its Budgetary Impact Monday, June 2 3:30 p.m. - 5 p.m. Participants will understand the budgetary impacts of wel- fare reform. The session will focus on the fundamental changes in the delivery of social services as a result of the passage of the Welfare Reform Act and their financial implications. Emerging National Guidelines for State and Local Budgeting Tuesday, June 3 10:15 a.m. - 11:45 a.m. This session will report on the mission and progress of the National Council on State and Local Budgeting (the national advisory body founded by GFOA and seven other state and local government associations), relate this body's work to criteria of the GFOA Distinguished Budget Presentation Awards Program and other associations' pro- grams, and identify ways that individual governments can .. ,the guidelines to effect changes in their practices. , / how to Use Competition to Improve Service Delivery Tuesday, June 3 1:45 p.m. - 3:15 p.m. The principal value of privatization is the introduction of competition in the government environment. Learn how to get the productivity improvement benefits of competition by identifying potential functions for competition with the private sector, assessing the pros and cons, soliciting and evaluating bids, and dealing fairly with employees affected by the process. How to Let Managers Manage: Improving Budget Results Wednesday, June 4 8:30 a.m. - 10 a.m. This session will discuss the ways in which traditional government budgeting practices often prevent managers from most efficiently and effectively managing resources. Speakers will suggest ways to take advantage of the move towards greater budgetary flexibility while assuring appropriate oversight and management control in budget implementation. How to Initiate and Manage a Performance Measurement Program . \ , /lesday, June 4 10:15 a.m. - 11:45 a.m. Participants will learn how to get a performance measure- ment program off the ground quickly, select performance measures, develop performance targets, and produce reports that effectively communicate to elected officials and the public. Doing It Better: Improving Delivery of Intragovern- mental Services Wednesday, June 4 10:15 a.lIl. - 11:45 a.m. Participants will learn how the delivery of intragovern- mental services can be improved. Participants will under- stand the benefits a county made in consolidating the finance, personnel, and support services departments and discover the common pitfalls to avoid in consolidation. Capital Finance and Debt Administration Federal Regs 101: A Guide for Small Issuers Sunday, June 1 1:30 p.m. - 2:30 p.m. This session will be devoted to the federal tax and securi- ties law provisions that apply to small issuers. What are the arbitrage rules that must be followed? What must small issuers do to meet their disclosure obligations? Pension Obligation Bonds: Are They Right for Your Government? Sunday, June 1 2:45 p.m. - 3:45 p.m. Pension obligation bonds are being explored by govern- ments as a means to achieve savings in addressing their unfunded pension liabilities. This session will explain how these bonds work and the benefits and risks of issuing them. Questions to Ask About Your Disclosure Practices and Procedures Monday, June 2 10:30 a.m. - noon Learn what questions you should ask yourself, your staff, and outside professionals to ensure that your bond disclo- sure documents comply with the federal securities laws and meet the needs of a reasonable investor purchasing your jurisdiction's bonds. Tax Lien Securitization: Putting Non-Performing Assets to Work Monday, June 2 1:45 p.lIl. - 3:15 p.lIl. While securitization of assets has been a financing tool used by the corporate sector for years, it has only recently become an option for public entities. Learn how to take advantage of this technique for dealing with delinquent property taxes. Develop a better understanding of the ben- efits and risks. In the Money: Accounting for Investments and I:' , tment Pools Tilesday, June 3 10:15 a.m. - 11:45 a.m. This session will focus on the latest guidance of the Governmental Accounting Standards Board regarding accounting and financial reporting for investments and investment pools. The session also will cover specialized guidelines that have been prepared for governmental external investment pools that wish to participate in the GFOA's Certificate of Achievement for Excellence in Financial Reporting Program. Communicating Financial Information to Nonfinancial People Tuesday, June 3 1:45 p.m. - 3:15 p.m. Today, more than ever, finance professionals are seeking to meet the challenge of how to communicate increasingly complicated financial information to those without a back- ground in financial matters. This session will examine the key factors necessary for effective financial communication with the citizen-user. From Here to There: Implementing the New Reporting Model ;Sday, June 3 1:45 p.m. - 3:15 p.m. The Governmental Accounting Standards Board is propos- ing to establish a new financial reporting model for state and local governments. This session will focus on how financial statement preparers can ready themselves to meet the practical challenges involved in implementing the new reporting model. Implementing the GASB's New Pension Guidance Wednesday, June 4 8:30 a.m. - 10 a.m. This session deals with the practical problems faced by pension plans and employers attempting to implement the most recent pension pronouncements of the Governmental Accounting Standards Board (GASB). Among the issues to be addressed will be the note disclosure requirements of employers participating in the pension plans that have already converted to the new pension accounting (the sub- ject of a recent GASB Technical Bulletin). Acquiring and Implementing an Integrated Financial Management System Wedllesday, JUlie 4 8:30 a.m. - 10 a.m. , ;his session will focus on the procedures to be followed in purchasing and implementing a new computer system. Specific issues to be examined will include: determining the government's needs, finding the right vendor, develop- ing a request for proposal, and implementing the final system. Problems commonly encountered in the implemen- tation of a new computer system also will be discussed. How to Procure and Manage a Financial Statement Audit Wedllesday, June 4 10:15 a.m. - 11:45 a.m. Obtaining a quality audit at a reasonable price is no acci- dent. This session provides step-by-step guidance on how governments can be sure to obtain the high-quality audits they need. Fraud Investigations: What Happens After the Money Is Missing? Wednesday, June 4 10:15 a.m. - 11:45 a.m. While a key focus of internal controls is fraud prevention, no internal control system will ever be completely "fraud- proof." This session will examine how governments can deal effectively with fraud once it has occurred (e.g., foren- sic auditing). It also will provide guidance on the develop- ment and implementation of a disaster recovery plan to deal with the practical effects of fraud. Budgeting and Financial Planning Long-range Financial Planning for Small to Mid-size Cities Sunday, June 1 1:30 p.m. - 2:30 p.m. This session will review the conceptual basis of projec- tions, describe techniques and standards for projection, and identify issues and problems that commonly occur, with practical solutions that have been adopted by the governments. How Preparers of Budget Documents Can Meet Reviewers' Expectations Sunday, June 1 2:45 p.m. - 3:45 p.m. A panel of budget reviewers will inform participants what reviewers look for in budget documents to satisfy the requirements of the Distinguished Budget Presentation Awards Program. Panel members will interpret the criteria and use some samples to demonstrate how the criteria can be satisfied. Taking a Comprehensive Approach to Rate Setting Monday, June 2 10:30 a.m. - noon The session will look at whether all costs are considered in the rate setting process and whether appropriate rates are being charged for services. Participants will understand the components of rates such as water and sewer rates and be able to identify the full cost of an operation. l~i~~~1' 8 -'ial Assessment and Improvement Districts: C ,.lion, Administration, and Challenges Monday, June 2 3:30 p.m. - 5 p.m. This session will focus on a broad range of issues related to creation of special assessment or improvement districts and issuance of bonds. Credit issues, adoption of policies to govern these districts, issuance and management of bonds, and delinquency management will be covered. Investing Bond Proceeds: Strategies for Success Tuesday, June 3 10:15 a.m. - 11:45 a.m. This session will examine uses of bond proceeds and investment objectives for various funds, such as the con- struction, debt service reserve, and debt service funds. Federal initiatives regarding investment of bond proceeds, including changes to the SLGS program and efforts to address yield burning, also will be addressed. Conduit Financings: What Every Issuer Should Know Tuesday, June 3 1:45 p.m. - 3:15 p.m. This session will examine what governments need to know when issuing on behalf of a conduit borrower. Tax, securities, and environmental law, and other issues will be oxplored. It also will provide practical advice to conduit 'mers on setting up good administrative procedures to . e~sure that conduit borrowers meet their requirements. Paying to Play: Financing Sports and Entertainment Facilities Wednesday, June 4 8:30 a.m. - 10 a.m. This session will explore what issuers need to know to finance sports and entertainment facilities, focusing on sta- diums. Learn about policy, operational, and financing issues that must be addressed in planning for the facilities. . . <:ash Management and Investment . . . ,. -" .. ~ j .. ,~ . Public Finance Officials and Broker/Dealer Relations Sunday, JUl1e 1 1:30 p.m. - 2:30 p.m. New state and federal requirements have gone into effect governing the establishment and maintenance of relation- ships between public investment managers and their bro- ker / dealers. This session will include a discussion of both industry and public-sector initiatives to clarify these rela- tionships and review why understanding the role of all parties in an investment relationship is beneficial to the finance officer, the government, and the taxpayers. ) Anatomy of Repurchase and Reverse Repurchase Agreements Sunday, June 1 2:45 p.m. - 3:45 p.m. This session will examine the use of repurchase and reverse repurchase agreements in the cash management function. It will include a review of the revised PSA Master Repurchase Agreement and will discuss both the risks and benefits of using repurchase and reverse repur- chase agreements by state and local government investors. Pay Now or Pay Later: Effective Collection Techniques MOl1day, June 2 10:30 a.m. - 110011 Is your organization in need of additional revenue? Instead of increasing taxes or finding new revenue sources, have you maximized the collection of revenue from exist- ing sources? This session will provide practical advice on conducting an internal review of the collection process and how to improve collection results on current as well as hard-to-collect accounts. Learning to Swim in Pooled Funds Monday, JUl1e 2 3:30 p.m. - 5 p.m. The use of pooled funds as investment vehicles for state and local governments is increasingly popular. Speakers will discuss the selection of funds and how to choose between local government investment pools and money market mutual funds. There will be an analysis of the pros and cons of investing in pooled funds and a discussion on determining whether these pools are safe by identifying risk management concerns and undertaking a credit analysis. Beyond the Investment Policy: Setting up Internal Controls Tuesday, JUl1e 3 10:15 a.m. - 11:45 a.m. The establishment of effective internal controls is an important step in ensuring that investment policies will be followed. Speakers will discuss this step that follows the establishment of investment guidelines, including the development and implementation of internal controls and using these techniques to effectively evaluate and monitor the performance of investments. What to Look For in an Investment Manager Tuesday, June 3 1:45 p.m. - 3:15 p.m. Finance officers responsible for investing public funds, whether managing operating cash, bond proceeds, retire- ment funds, or special reserves, need investment manage- ment and systems support. This session will examine fac- tors to be considered in determining whether the manage- ment of funds should be internal or external, establishing criteria for the effective selection of external fund man- agers, and establishing investment goals for the external money manager and monitoring the external money man- ager's performance. 1'1[<''''1''~'^ .. , ..~~,;-:,'t;;;;z;.,-:.J1i~-. l.:,;~~,~:,~.}t-;.::-:~. Electronic Cash: A Look Into the Future Wcdllcsday, JUIIC 4 8:30 a.m. - 10 a.m. , use of "paperless money," in the form of wire trans- tt.s; cash, credit and procurement cards, and other forms of cybercash is increasing. The session will focus on the types of electronic payments that are currently in use and anticipated for the future; how encryption techniques are employed to ensure the safety of these transactions; and what benefits and costs may be associated with this new electronic currency. Enhancing Yield and Reducing Risk in Investing Wednesday, June 4 10:15 a.m. - 11:45 a.m. This session will discuss the risks associated with the investment of public funds and how to maximize yield while minimizing risk. Speakers will address the risk fac- tors that should be analyzed, methods of measuring and assessing those risks, the appropriate level of risks for public investors, and how to manage risk to achieve investment objectives. Also included in this discussion will be the role and measurement of derivatives in a public funds portfolio and the use of an all-Treasury portfolio. . Computers and Technology - Using Technology in Smaller Governments . "day, June 1 1:30 p.m. - 2:30 p.m. . . J This session will review technology innovations that have been implemented in smaIl jurisdictions and discuss how to develop and utilize a multiyear plan to implement com- puter needs. Effective Web Sites: When You've Got It, Use It! Sunday, June 1 2:45 p.m. - 3:45 p.m. Anyone can put information on a World Wide Web home page, but how can you put the site to good use for your jurisdiction? This session will look at governments that use their home pages for economic development, to provide services, and to assist citizens in obtaining useful informa- tion. The Technology Fast Track: Anticipating and Coping with Change Monday, JUlie 2 1:45 p.m. - 3:15 p.m. Faced with the rapid pace of technological change, it is dif- ficult to strategicaIly plan successful hardware and soft- ware acquisitions. This session attempts to assess the likely changes to computer and communication technologies that will occur over the next five years, how these changes are . '~ly to affect the finance function, and what finance offi- , / eers can do to make best use of these changes while retain- ing the value of their current systems. Telecommunications Act Impact: What Will it Cost? Tucsday, June 3 1:45 p.m. - 3:15 p.m. The Telecommunications Reform Act of 1996 will result in sweeping changes in the way telecommunications providers are defined, and presents strong chaIlenges to municipal franchising and right-of-way authority. This may result in a narrowing of the tax base and the loss of state and local revenues. This session will present an overview of the Act and case studies showing how it affects state and local tax revenues. Management, Intergovernmental Relations, and Economic Development Risk Management Issues Today Sunday, June 1 1:30 p.m. - 2:30 p.m. In recent times, many public entities were put through the risk management ringer. Find out which trends have stay- ing power in the workplace and which ones have been hung out to dry. Activity-based Costing in Local Government: Where Is It Going? Monday, June 2 10:30 a.m. - noon The need to have an accurate identification of the cost of a service and/ or an activity for performance measurement and for competitive bidding of contracts is propelling gov- ernments to adopt a private-sector manufacturing manage- ment tool: activity-based costing (ABC). Relatively new to public institutions, ABC is being explored in a variety ways by local governments. Some of these innovators will teIl what they are doing and how they are attempting to move their governments toward activity-based management. Public-Private Partnerships I: The Devil Is in the Details Monday, June 2 1:45 p.m. - 3:15 p.m. When governmental agencies turn to the private sector for the delivery of what citizens think of as "governmental services," a contract is most often the instrument for estab- lishing the responsibilities and rights of the parties. Local government contracting out is likely to thrive or fail according to how weIl the contract is designed, adminis- tered, and monitored. Local officials will describe their experiences-the pitfaIls and the lessons learned-with administering numerous and complex contracts. Public-Private Partnerships II: Water/Wastewater Systems Monday, June 2 3:30 p.m. - 5 p.m. A surge in privatization of municipal water/wastewater systems in the past several years has many jurisdictions examining the potential revenue and management , . ~";. _..,~..! '. ' '. . ",1 ,..". . .." , , '.. l;'~""'~ ~'.;." ,- ~"" , ~. ,"", :'''',,' . ." '" : " ~ ~ " - - ,f,: -.. - . . - , implications of these actions. This session will offer an ~ - ''"View of the financing structures of a number of these t... -'l'igements, and the experiences and lessons learned by finance officials who are in the front lines of these public-private partnerships. Washington Update Tuesday, June 3 10:15 a.m. - 11:45 a.m. GFOA's Washington office staff will provide an overview of legislative and regulatory actions at the federal level affecting state and local cash management, debt manage- ment, pensions and benefits administration, and other financial management functions. Evaluating and Using Tax Incentives for Development Wednesday, June 4 8:30 a.m. - 10 a.m. Taxpayers are demanding more fiscal restraint and accountability of local government officials as the economic development bidding wars escalate, and finance officials are being required to determine whether proposed incen- tives would be financially and economically positive for the local government. What methods can be used for mak- ing cost-benefit decisions in a variety of local situations? Can the finance officer bring sound analyses to bear on elected officials' development decisions? \ , ~ctronic Commerce - The Change Agent Wednesday, June 4 10:15 a.m. - 11:45 a.m. This session will describe electronic data interchange and its role in government procurement. It will discuss how your government can take advantage of a technology already widely used in the private sector. Pension and Benefits Managed Care and Monitoring Quality: The Next Challenge Sunday, June 1 1:30 p.m. - 2:30 p.m. Now that most public-sector administrators have worked to closely control health care costs, there is concern that the quality of care provided to their participants may be com- promised. This session will focus on the tools that can be employed to measure the quality of health care. Strategic Planning for Retirement Systems Sunday, June 1 2:45 p.m. - 3:45 p.m. Strategic planning is a discipline that assists benefit man- ( 'jers in assessing current performance, defining new ~ ojals, implementing change, and measuring success. Speakers will give an overview of the strategic planning process and discuss how they have used this problem- solving tool in their particular system. Defined Benefit and Defined Contribution Plans: Friends or Foes? Monday, June 2 10:30 a.m. - noon While several states and many local governments are actively pursuing defined contribution alternatives to traditional defined benefit plans, there are many considera- tions before deciding to implement such a change. This session will describe some of these considerations, how different jurisdictions weigh these factors, and the possible out- comes. Social Security: Critical Issues, Current Choices Monday, June 2 1:45 p.m. - 3:15 p.m. The Social Security program, central to the economic well- being of the elderly and disabled in the U.s., is under growing financial strain. This session will describe the fac- tors that underlie the program's financial stress, discuss current proposals to improve program funding, and exam- ine the potential effects that the proposed changes may have on other retirement benefits and on state and local finances. Enforcement issues being implemented by the IRS also will be addressed. Controlling Health Care Costs: New Ideas, New Results Monday, June 2 3:30 p.m. - 5 p.m. Controlling health care costs continues to predominate the concerns of many finance officers across the country. This session addresses those who have tried many avenues and are now looking for those new ideas and concepts which would reinvigorate their resolve and efforts to truly reduce costs for their jurisdiction and their employees. Implementation of 1996 Federal Pension Simplification Tuesday, June 3 10:15 a.m. - 11:45 a.m. The Small Business Job Protection Act, signed into law in August 1996, included a number of provisions related to public-sector pension plans. These provisions include alle- viations of federal limits on pension benefits (Section 415) problems, indexation of contribution limits and trust pro- visions for deferred compensation plans (Section 457), repeal of the combined plan limit, clarification of taxation of accelerated death benefits, and many others. This ses- sion will provide practical information to help you imple- ment these provisions over the next few years. Early Retirement Windows: Examining the Costs and Benefits Tuesday, JUlie 3 1:45 p.m. - 3:15 p.m. Early retirement windows have been used to lower public- sector costs by encouraging older workers to voluntarily leave the workforce. While this technique has been lauded for lowering short-term costs, the longer-term implications C:c:U cce ~~ :- cQ)u ~~g - cc:~ ~ ~<< 6~ F 11 ,. c .>. """ I,.. ~~~ 5u~ ~,~!1 G;" ~ ~,,~ ~ _ i! 5-g ~"~<:,s~ U "~ac , ~ s'E1,--8 -c~ " ~ ~E ';; 11"0"0 ._ 0"00 -~,,2~ ~ oo~a u;.l!llg~ 1'5 0~1l~ ~ . ..~.: '"H. ! ;0:,,-811 8 g~d 1: fB~-">.- ~ ~,,~,Q ...: Jl o ~=1l Ii ~ ~,s.c~ ~ >. Z~"~,s ~ Siai~~ _ <: :5~500 ~ ..::a11E 5 Oc u" '" "0 E U 800"2 ~ ~,~lio "" 0 ~~~5g ~o lll~ ~ t ~o"~.!!' 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L'J o !:;:: c- c- r <C I- ^~ - u_ -, ~- =) C:l ::: LIJ ro c- 1-- ~ <C ;;~ u_ -, ~- =) ~ N ~ llI.'l!!! ~_ _ 3 ."'.~.,o N ~ ili.& "00'0< IO"HZ S- 0-. ili .i 1;~~ ' f\~'b.~~-' r 1iO~ ., r ,~______ ~" .,}~ ~::I~ I5O'Qi I ~"<>~ I , , , .~~", ~N~ ~~ I "'~... ,,. II'" ....:~~, c,lf~~ "'.~ , ~ /Ill Ii;; :Il' Ii;; :'" '.."0 :1: u!l l:f.: ~ ~ :ii!;1 N "'I P.2 -.r .0 \ to : /iioru f; ~ r;! ~I r,;; ft I ~~~ ~~~ .,. \ 1/ ~~~ ' , , 1,/' B-v '-Vor ~ M ,,60,600 ~O S r):!' , w., ~'I(, \.J_J...L..L V ICd \II t . # . ':Uili:!] ',')6,:;., "'\.i;;)!;;:i; , :~;\'~'mh; CITY of ANDOVER MEMORANDUM DATE: March 11, 1997 TO: FROM: Mayor and City Council ~ Jean McGann, Finance Directo~ RE: Local Government Pay Equity Act The City of Andover is in compliance with the Local Government Pay Equity Act. Every three (3) years the City is required to furnish information for review by the Minnesota Department of Employee Relations. Attached is a letter from the Minnesota Department of Employee Relations as well as a copy of the Certificate of Compliance. ~ ~ ~ t ~ eN ~ ~ ~~ C ~ C C 0 ~ +-' ~U -0 ~ Q) +-' C eN Q) ~ Q lJl ~ Q) ~ "- a.. eN ;S ~\ ~ eN ~ U ~ 0-; - - :J ....... lJl lJl Q) U U :J lJl "- .' -2 . V'l >- ~ C ~ t) ctl \.0 <('O~ >-+-',..... +-' - .- :J :J lJl 0" Q) UJ "- >-ctl ctl lJl c.... lJl +-' Q) C C U 0 Q) '';:; '';:; E 0 ctl C C Q) "- lJl ~ Q) .- LJ;. > ..c Q) o f- Q) <.J >- o 0 ctl C"l a.. u ~ E o M UJ .-I "- Q) Q) ....... ..c Q. ~ +-' ctl C '0 ..c Q) lJl U E +-' lJl +-' C Q) "- Q) ctl E 2 g- ~ ctl 0 .- +-' :J 0 ctl O"lJl+-, Q) Q) 0 "- C lJl C Q) Q) .- C -:5 ~ .!:: 00-0 ~ C C Q) .~ ctl ..c Q) ~ +-' E ~ E >- . ,..... 3 ....... Q) '<:t .;; Q) "- ,..... ~ 0; ctl 'u :J ,..... ::E 0" ~ 0 Q) "- :J o >- ....... o t: o a.. Q) "- >- +-' lJl lJl +-' C Q) E Q) "- .- :J 0" Q) "- >- +-' .- :J 0" Q) >- ctl a.. +-' C Q) E C "- Q) > o 00 ctl U o Q) ..c +-' ..c +-' '3 00 C ';;'" a.. E o u C -0 C 2 o ctl '';:; 'u ctl Q) "- "- Q) a.. a.. a.. o ctl o >- u_ "- +-' :J ctl o ~ >- 00 .... Cli t: o 'v; '" 'E E o ....u 20.0 t: t: Cli ._ a.. ~ .... U ~< U-'::- . . Cli ....J t: t: .2 Cli '" .... '" ~ .- :::.:: E E o U >- ~ ::J a.. Cli o l'-.. '" '" Cli ~ "l" ~ ..c:O ~ ~ ::E Minnesota Department of Employee Relations Leadership <md I'<lrmershi/, in hHman T(!Smm:l.: managL'1nt!nc March 4, 1997 Jean D. McGann Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Dear Ms. McGann: Congratulations! I am very pleased to send you the enclosed notification of compliance with the Local Government Pay Equity Act. Since the law was passed in 1984, jurisdictions throughout Minnesota have been working diligently to meet the requirements of the act, and I commend your hard work and commitment to achieving compliance. As you know, Minnesota Rules Chapter 3920 specifies the procedure and criteria for measuring compliance, and information about your situation is enclosed. If you have any questions about the materials or about pay equity in general, please contact Pay Equity Coordinator, Faith Zwemke at 612-296-2653. One of the things the rule requires is that our department notify each jurisdiction when the next pay equity report is due. In your case, this date is January 31, 1999, and we will be sending you forms and instructions at a later time. Also, this notice and results of the compliance review are public information and must be supplied upon request to any interested party . Again, congratulations on your achievement! Sincerely, ~cY (1~ Karen L. Carpenter Deputy Commissioner/Acting Commissioner .' Enclosures :00 C,mennial Cffice Duilding. . 658 G...Jar St. . St. ?aul. :\IN 55155-1603 . 1,61Z) :?i-1184 ~ TDD (61:) :9i-:CD3 An equal opportunity emplayeT DATE March 18 1997 ITEMS GIVEN TOTH~E CITY COUNCIL · Planning and Zoning Commission Minutes - February 25. 1997 · Special Joint City Council & Park & Recreation Commission Minutes - March 4. 1997 · Regular City Council Minutes - March 4. 1997 · HRA Minutes - March 4 1997 · EDA Minutes - March 4 1996 · Park & Recreation Commission Minutes - March 6. 1997 · Memo from Jean McGann - March 11 1997 · February 1997 Building Dept. Report · Dragon Tales · Municipal Finance Workshops · Kelsey-Round Lake Park/96-1 · Woodland Estates Final Plat · Cherrywood Estates Final Plat (Timber Oaks Estates) · Shadowbrook 2nd Addn. Feasibility Report · Woodland Estates Feasibility Report · Crown Pointe East 2nd Addn. Feasibility Report · Prairie Road & Bunker Lake Blvd. Intersection Feasibility Report · Alternate Street Alignment Map /97-2/Bunker Lake Blvd. Service Road Phase 11 · Timber River Estates Preliminary Plat · Chesterton Commons Preliminary Plat · Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING ORPUT THEM ON THE NEXT AGENDA. THANK YOU.