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HomeMy WebLinkAboutCC April 1, 1997 ... -."; -," '- : ..-" Crry,'-of,ANDOVER,,',,::"',;~;.,'::; ;:,{ ,:,:;,',;',s';''';'~('~';~~''~~;;;':;(;;~;~i~i.c,?.,~:~:,;i~J:.ti:;;,.: '.; ;, . -, " "', - - "",_ - >., __' '_" Co'_. . _ '.' _'. "d,'_ _.'_'~_ ".~_ _' _,' ,_' ~'._.~:-..~ _'_, __'--~ .' _ ,~;\_;;.....'~:~~~~,,:~_.. 1685 CROSSTOWN BOULEVARD N,W, .'ANDQVER~ MiNNESOTA:55304it'(6,12) 755-51,OO~:..,-:~C~: , : '.- ' '-" - ", ~ .', ' .' - '. -' ; .' . '. -; ,-'-" ..' -.,. -, -'.. .... > - " -, '.,." " ,-"-..; . ."_ - -\' . , ,;.,:.:~..:,'.~~ '.:~,' ~,-J;'. :~, ':~~:~.. :. Regular City Council Meeting April 1, 1997 Bunker Hills Activity Center 550 Bunker Lake Blvd NW ' . ';)genda Call to Order. 7:00 PM Resident Forum Agenda Approval Consent Agenda . Approval of Minutes Discussion Items I, Anoka County Sheriff Monthly Report 2. Accept Feasibility Report/Order Plans & Specs/97-9/Section 23 (Chesterton Commons/Hamilton Property)/ Trunk SS & WM 3, Timber River Estates Park Dedication Requirements Discussion 4, Comprehensive Plan Amendment/Chesterton Commons 5. Sketch PlanlHamilton Square 6. Sketch Plan! Andover CommerciallIndustrial Park ' 7, Adopt Ord. No. 222/Adult Uses . , . 8, Adopt Ord, No, 92BIRepealing Ord, No, 92 ' 9, Winslow Holasek Request to Address City Council HRA Meeting 10. Public Hearing/Reallocate CDBG Funds Reports of Staff. Committees. Commissions II, Discuss Bricking of Existing City Hall StrUcture- 12, Response'to Winslow Holasek' s Letter' , ,13. Appointment of Comprehensive Plan Task Force Vacancy Non-Discussion/Consent Items ' , 14. Rezoning/Ashford Development '. , , . " 15, Lot Split/Variance/159XXTulip St: NWIRobert Dehn Jr, . 16, Special Use Permit/Area ID Signsrrimber River Estates- 17, Variance/I 6455 Valley Drive NWIRichard Snyder 18, Accept and Approve Bids/Fire Department Rescue Truck/Chassis 19, Accept and Approve Bids/Fire Department Rescue Truck/Body 20, Approve Ordinance Summary/Ord, No. 207/Equine Ordinance 21, Approve Plans & Specs/96-26/Section 22 (Woodland Estates )rrrunk SS & WM 22. Approve Feasibility Report/97-18/952 - I 40th Lane NW 23, Approve ResolutionINo Parking/Woodland Estates 24. Approve Hiring of Engineering Tech 4 25. Approve Hiring of Summer Forestry Intern & Engineering Intern 26, Award Bid/97-3/Crack Sealing' 27, Award Bid/97-4/Seal Coating 28, Approve Quotes/Soccer Goals 29, Approve Chairs 30, Resolution Approving Comprehensive Plan AmendmentIRound Barn 31. Approve Plans & Specs/94-33C/Commercial Blvd. Ext./Contaminated Soil & Debris Removal (Part 2) Mayor-Council Input Payment of Claims Adjournment Bookmark , sheriff acpt979 timber complan ., skeham 'skeand . ,ord222':; , ord92b' whaddress '" oppserv " ',brick., whletter ' taskforce ,.':::\"'!ishford dehn' ' ,idsign snyder chassis body ord207 ps9626 , apr9718 nopark engtech4 interns, bid973 bid974 soccer chairs round barn ps9433c / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 1. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Approval of Minutes City Clerk 6. d, ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: March 18, 1997 HRA Meeting / March 18, 1997 EDA Meeting March 18, 1997 Regular City Council Meeting March 18, 1997 Special City Council Meeting (Orttel absent) / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , / DATE: Aoril 1. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Administration Richard Fursman ITEM NO. Anoka County Sheriff Monthly Report /. BACKGROUND: A representative from the Anoka County Sheriffs Department will be present to provide the Council and the citizens of Andover an update on happenings around the City. '\ , .J ../ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: April1 1997 AGENDA SECTION Discussion Items ORIGINATING DEPARTMENT Scott Erickson,~ Engineering ITEM NO. Accept Feasibility Report/Order Plans & Specs/ 97 -9/Section 23 (Chesterton Commons/Hamilton Property)/Trunk SS & WM d The City Council is requested to approve the resolution accepting the feasibility report, ordering improvement and directing preparation of plans and specifications for the improvement of trunk sanitary sewer and watermain for Project 97-9, Section 23 (Chesterton Commons/Hamilton Property). " , J / , i J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-9 FOR SECTION 23 (CHESTERTON COMMONS/HAMILTON PROPERTY). 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 TKDA and presented to the Council on the 1 st day of March, 19--91-; 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 $ 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 $ , 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. ATTEST: J,E. McKelvey - Mayor Victoria Volk - City Clerk '- ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: April 1. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ITEM NO. Timber River Estates Park Dedication Requirements Discussion .3. Todd J, Haas, ~ Engineering The City Council is requested to discuss the park dedication requirement for Timber River Estates which was discussed at the March 18, 1997 City Council meeting (see attached meeting minutes), The Park and Recreation Commission did review park dedication requirements at their March 20, 1997 meeting. It is their recommendation that the City Council accept the 6,87 acres of park along the river as being proposed by the developer and the remaining balance would be cash in lieu of land based on the overall average which is normal procedure and not just the location of the park, This would be normal procedure which has occurred on other \ developments in the past. \ / Based on past practice and ordinance requirements, it is recommended to determine value as required in Ordinance 10, Section 9,07. The City Council should keep in mind the park location was not a location selected by the Park and Recreation Commission but was proposed by the developer. Also, a significant area of the proposed park that is also located in the f100dway which is considered as unbuildable. There are some uses that are allowed such as parking lots, ball fields, etc., as long as filling is not proposed in the f100dway which could effect the hydrology of the river. \ j Regular Andover City Council Meeting Minutes - March 18, 1997 Page 8 \ J (Special Use Permit/PUD/Timber River Estates, Continued) Mr. Westlund - stated they are proposing to dedicate the land for the park plus the out lots to the City. Outlot A is a retention pond, and they will be landscaping and providing trails around it. Outlot B will be an unimproved common area drainage system with a trail, observation blinds and nesting boxes. They are making about $100,000 worth of improvements to the parks. Chairperson Dave O'Toole. Park and Recreation Commission - explained the Commission was not familiar with the PUD ordinance, but they did not want to accept outlot areas for park dedication. Typically in an R-1 area they have accepted cash in lieu of land. The improved park is a benefit to the City and they feel the proposal is a good plan, but they do not want to accept outlots for parks and for maintenance purposes. Typically the trails being constructed have been for the benefit of the entire City. They feel the trails within this development will primarily benefit the residents living there. Mr. Westlund - stated the Comprehensive Plan does call for a park in this area, plus it was mentioned "..hen neighboring properties were developed that park land would be taken on this property. He also argued that the Comprehensive Trails Plan shows trails up CoRd 7, which could connect into, these trails and be used l::>y everyone. With the . outlots and park, the total park dedication would be almost 20 percent. 'The development is not set up as an association. / Councilmember Orttel stated he would rather 'see the.outlots owned by the residents in the area. For all appearances, this is a very private area, so the trails would probably only be used by the people within the development. Councilmember Dehn agreed, suggesting the outlots be a part of an association so there is pride of ownership within the neighborhood itself. Councilmember Knight also agreed, not wanting to set a precedent for other PUDs of accepting outlots for park. ,..Jtt' Councilmember Orttel stated the value of the property being dedicated as park along the river is higher than the rest cf the parcel. He suggested the appraisal take that into consideration when determining the dollar amount of cash to be taken in lieu of land for the remaining 11+ acres for park dedication. The value of the river lot could be factored by maybe eight percent because it is along the river. Mr. Westlund stated that would be agreeable. MOTION by Dehn, Seconde'j by Orttel, the Resolution grant.ing the Special Use Permit requ~st of Woodland Development Corporatie,n for a Planned Unit Development to develop single family rural residential lots/ho~es to be known as the subdivision TiIT~er River Estates with caveats to include conditions that Outlots A and B will be landlord or property association owned and controlled; that the park dedication ,'Iill be negotiated by Staff dnd Mr, Westlund in regard to the proper appraisal 'value of the park dedication fee and the remainder paid in the form ot ./monetary dedication. Sixth WHEREAS, the base line density has been established at 81 lots... (See Resolution R065-97) r-'!otion carried unanimously. / / classifications and concepts development concepts that relate which the land may be put. 9.07.4 Park and Recreation Commission Recommendation. The and Recreation Commission shall, in each case, recommend to City Council the total area and location of such land that Commission feels should be so conveyed or dedicated within development for park, playground, open space and public purposes. and changes in planning to the development and usages and /' to ( Park the the the use 9.07.5 Cash Contribution in Lieu of Lands. In those instances where a cash contribution is to be made by the owners or developers in lieu of a conveyance or dedication of land for park, playground, open space or public use purposes, the Park and Recreation Commission shall recommend to the City Council the amount of cash said Commission feels should be so contributed. Such recommendation shall be based on the market value of the undeveloped land that would otherwise have been conveyed or dedicated. ,.,Y 9.07.6 Market Value of Lands. "Market Value", for the purposes of this Ordinance shall be determined as of the time of the final plat without improvements in accordance with the. following: " A. The Park and Recreation Commission and developers may recommend as to market value. owners or , / B. The City Council, after reviewing the Park and Recreation ( Commission's recommendation, may agree with the owner or developer as to the market value. If agreement is not reached in this manner, then the market value shall be determined by an accredited appraiser chosen by the Park and Recreation Commission, at the expense of the owner or developer. Such appraisal shall be accepted by the City Council and the owner or developer as being an accurate appraisal of "market value". (ION, 3-07-89) 9.07.7 Density and Open Space Requirements. Land area so conveyed or dedicated for park, open space and playground purposes may not be used by an owner or developer as an allowance for pu~poses of calculating the density requirements of the development as set out in the City Zoning Ordinance. The land shall be in addition to, (except for 9.07.8), and not in lieu of, open space requirements for Planned Unit Developments pursuant to the City Zoning Ordinance. 9.07.8 Credit for Private Open Space. Where private open space for park and recreation purposes is provided in a proposed non- residential development and such space is to be privately owned and maintained by the owner of that non-residential development, such areas may be used for credit at the discretion of the City Council against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the / public interest to do so and that the following standards are met: ( '. Page 18 , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Aoril 1. 1997 ITEM NO. Comprehensive Plan Amendment J/. Relating to Chesterton Commons ORIGINATING DEPARTMENT Planning John Hinzman, ~ vJt((" City Planner AGENDA SECTION Discussion Item Request / The City Council is asked to review an amendment to the comprehensive plan to change the OS., Open Space\Planned Unit Development designation to RU, Residential Urban Single Family on 160 acres and to change the designation of 40 acres from RM, Residential Medium Density to RU in the proposed Chesterton Commons, In exchange for the elimination of the RM designation on the Chesterton site, the developer would agree to change the land use district designation of a 60 acre on the west side of Hanson Boulevard from RR, Single Family Rural, to RM. All sites are under the ownership of Ashford Development and are available for municipal water and sewer service, , " Planning and Zoning Commission Action The Planning and Zoning Commission reviewed the amendment at the March 25, 1997 meeting. The amendment as presented at that meeting included a number of other tracts in the city that were included in the Metropolitan Urban Service Area (MUSA) expansion of last year that were still designated for rural uses. The Commission recommended that the original application be submitted to Metropolitan Council as two separate amendments, one for the Ashford owned properties, and one for the other rural designated tracts, Please consult the revised amendment and staff report for more information, '. J , I / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -97 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF ANDOVER WHEREAS, Ashford Development Corporation has petitioned the City of Andover for an amendment to Ordinance 8, Section 6.03, (rezoning) that is inconsistent with the Comprehensive Plan, WHEREAS, Minnesota State Statute Chapter 473.858 stipulates that the zoning ordinance must be consistent with the comprehensive plan. WHEREAS, an amendment to the Comprehensive Plan is necessary to allow for the proposed rezoning to R-4, Single Family Urban Zoning District. , .J WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and adopt the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: I) Change the land use district designation from OS *, Open Space\Planned Unit Development to RU, Residential Urban Single Family on 160 acres legally described as follows: The North Half of the Northwest Quarter of Section 23 and the South Half of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. 2) Change the land use district designation from RM, Residential Medium Density to RU, Residential Urban Single Family on 40 acres legally described as follows: The Southwest Quarter of the Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota, , J , I / Page Two Resolution Comp Plan Amendment Chesterton Commons 3) Change the land use district designation from RR, Residential Rural to RM, Residential Medium Density on 60 acres legally described as follows: The most Northerly Sixty (60) acres of the Northeast Quarter of Section 22, Range 24, Township 32, Anoka County, Minnesota, 4) Chapter VIII, Section E.l,e, is amended as follows: 4. .^. HiO acre site along the east side of Hanson BO\:llevard ami Rortheast of City Hall is set aside fer future de'felopmeRt, The iRteRt is te eReomage a planned lHlit developmeRt \V'ith hOl:1siRg ell:1stered ill. the develepable areas while l:1tiliziRg the remaining area for parks, trails, poolie recreatieaal development, and\or wi.ldlif-e areas. Amended 4/8/97 5) Chapter XI, Section B.l is amended as follows: / b. Open Spaces (OS). Areas designated for open space include existing major park facilities and lands set aside for future recreational development purposes. (OS* indicates intention to iBcorperate epen space with a Planned Uillt De'felepment) Adopted by the City Council of the City of Andover on this .8ili day of A12ril, 1997, CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria Volk, City Clerk , ) ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE April 1, 1997 AGENDA ITEM 3. Public Hearing: Comprehensive Plan Amendment relating to Chesterton Commons and MUSA expansion ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA BY: John Hinzman Citvt-'1 BY: Request The Planning and Zoning Commission is asked to review an amendment to the Comprehensive Plan relating to the Chesterton Commons subdivision, and recently adopted Metropolitan Urban Service Area (MUSA) expansions that do not conform with the Comprehensive Plan. Applicable Ordinances " Minnesota State Statute Chapter 473.858 states "If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan... after August 1, 1995, a local government unit shall not adopt any fiscal device or official control which is in conflict with its comprehensive plan," Because the zoning change needed to accommodate the proposed use would be inconsistent with the Comprehensive Plan, an amendment to the plan is needed. / Background Ashford Development Corporation is proposing to rezone approximately 102 acres from R-l, Single Family Rural to R-4, Single Family Urban in order to construct a 220 lot subdivision known as Chesterton Commons, The proposed use is inconsistent with the Comprehensive Plan on portions of the property designated RM, Residential Medium Density, OS*, and Open Space\Planned Unit Development. At the March 4, 1997 meeting, the City Council directed staff to submit an amendment to the Comprehensive Plan changing the OS* and RM designations on the property to RU, Residential Urban Single Family in order to be consistent with the Comprehensive Plan. In exchange for the elimination of the RM designation on Chesterton Commons, the land use district of a 60 acre parcel owned by Ashford, north of the Middle School would be changed from RR, Residential Rural to RM. Language would be added to designate the area exclusively for use as senior citizen housing, Most of the land is within the 1995- 2000 MUSA expansion area (the western 30 acres of the Ashford property to be designated RM, is within the 2000-2005 timeframe). / / Page Two Comprehensive Plan Amendment Chesterton Commons\MUSA April 1, 1997 In preparing the amendment, it was noticed that areas of the City that were included in the 1996 MUSA expansion were still designated for rural land uses in the Comprehensive Plan. Staff proposes to redesignate those areas to urban uses and incorporate them in the Chesterton Commons amendment. Attachments A-I; Resolution approving the proposed Comprehensive Plan amendment. A-2; Information Summary for Comprehensive Plan Amendments for Met Council / J '\ / Information Summary for Comprehensive Plan Revisions and Plan Amendments This fonn summarizes key infonnation about your comprehensive plan revision or amendment that the Metropolitan Council needs for its review. Please complete the fonn as directed below and submit it to the Metropolitan Council with each comprehensive plan revision or amendment (See Item C, page A74 for a list of the infonnation to be included with your submittal.) "" NOTE: If your plan amendment is a simple "housekeeping" change, you 'need to complete only Part I of this fonn ("Generallnfonnation," pages A73-A74). Please be as specific as possible in your answers, If the staff of your local governmental unit prepared a report for your Planning Commission or City Council regarding this plan revision or amendment, please attach it as well. IMPORTANT: Provide complete answers. This fonn is used to enable staff to detennine completeness within 10 days. If the response on the fonn references an attached plan, the reference must include the appropriate page, paragraph(s), tables, maps or figures. If you do not clearly reference where infonnation can be found and Council review staff cannot find It. your plan may mistakenly be considered incomplete. If you would prefer, you may request a diskette of this fonn (available in WordPerfect 5.1 or 6.1 and in ASCll). You may also submit a reasonable facsimile of this fonn from your word processing system. , Please send plan revision or amendment to: Lynda Voge, Referrals Coordinator Metropolitan Council Mears Park Centre 230 E. Fifth Street; S1. Paul, MN 55101-1634 " ,/ I. General Information , , A. Sponsoring governmental unit City of Andover Name oflocal contact person John Hinzman, City Planner Address 1685 Crosstown Blvd. NW Telephone number 755-5100 FAX number 755-8921 Internet address (if applicable) Name of preparer (if different from contact person) Date of preparation March 21. 1 997 B. Check all that apply and fill in requested infonnation: _ Overall plan revision Name of amendment Chesterton Commons Como. Plan Amendment- ~ Revision of a plan chapter or element _ "Housekeeping" text change (If so, complete only Part I of this fonn.) -L.. Land use change (describe) See attachment A-I Size of affected area in acres 2.6..0 acrps _ Urban service area expansion (Applies only to amendments submitted before you submit your revised comprehensive plan due in 1998, Page 4.1 describes the infonnation on development staging and timing,) Size of expansion in acres _ Other (please describe) / A73 July 1996 If you are submitting an amendment, briefly describe the amendment: See attachment A-I, staff report. / ( C. Please attach seven copies of the following: 1. Completed Information Summary for Plan Revisions and Plan Amendments form. 2. Your proposed plan revision or amendment. 3. A citywide map showing the location of the proposed change. 4. The current plan map, indicating areas affected by the revision or amendment. 5. The proposed plan map, indicating areas affected by the revision or amendment. .,. NOTE: If your community has access to a geographic infonnation system (GIS) or other automated mapping technology, the Council would appreciate it if you would submit your land use map and staging boundaries in digital fonn (one copy), in addition to the hard copies you send. The "Arc Export" fonnat is preferred, but we can also use the "DXF" formaL Putting this infonnation in digital fonn will help minimize map discrepancies between your data and data maintained by the Council. D. What is the official local status of the proposed plan revision or amendment? (Check all that apply.) Acted upon by planning commission (if applicable) on March 25, 1997 (date) Approved by governing body, contingent upon Metropolitan Council Review on (date) Considered, but not approved by governing body on (date) X Other (please describe) Directed to staff by C~ty Council on March 4, 1997 ~ E. List adjacent local governmental units and other jurisdictions (school districts, watershed districts, etc.) affected ( by the change that have been sent copies of the plan revision or amendment, if any, and the date the copies were sent to them (required by Minn. Stat. 473,858, Subd. 2). Anoka Count Hi hway Department, Coon Creek Watershed District, Anoka Conservation District, City of Ramsey, C~ty 0 Oa Grove, 1: 0 am Lake, Citv of B';,ine. City of Coon Rapids, City of Anoka, Anoka-Hennepin District No. 11. .,. Note: Please review the information requests in the following handbook sections for a , complete description of infonnation to accompany or to be included In your comprehensive plan revision or amendment: Wastewater, page 5.8 Transportation, page 5.1 Aviation, page 5,7 Recreation Open Space, page 5.10 Land Use, page 4,1 Housing, page 4,8 Water Resources, page 4.20 Implementation Program, page 6,1 Water Supply, page 5.11 , .J ( A74 July 1996 n. Impact on Regional Systems (' , A. Wastewater Treatment J 1. Total flow for community based on existing plan: 1.21 million gallons/day (mgd) year 2000; 2.02 mgd year 2010 2. Will the proposed plan revision or amendment result in a change in the projected sewer flows for the community? ----1L- No - Ifnot, skip to question 7. _Yes - Indicate the expected change: 3. Total flow for community based on plan revision or amendment: mgd year 2000; mgd year 2010 4. If your community discharges to more than one metropolitan interceptor, indicate which interceptor will be affected by the revision or amendment. 5. Will flows be diverted from one interceptor service area to another? No _Yes - Describe the change and voh,unes involved in mgd: ,. 6. Is any wastewater flow an intercommunity flow to an adjoining community's sanitary sewer system? _No . _Yes - If yes, enclose a copy of the inter-community agreement. '. 'J 7. Has your community adopted a comprehensive program for the management of on-site septic systems including biennial inspections? _No _Yes _ Not applicable- Please explain: , , B. Transportation 1. Does this plan revision or amendment potentially increase existing trip generation (use Institute of Transportation Engineers trip-generation manual)? ~ No - If not, skip to question 3. ~Yes - If yes, how much average daily traffic? How much peak hour traffic? 2. Does the existing local and regional road network (including metropolitan interchanges) have the capacity to accommodate planned land use(s)? No -LYes a. If not, will this plan revision or amendment require improvements to local or regional roads or interchanges? No _Yes Specify: Explain who will pay for these improvements: , J A?5 July 1996 , Will these improvements be in place to accommodate the proposed development? No _Yes ( / Are these improvements included in a capital improvement program? No _Yes b. Will this plan revision or amendment require implementing traffic demand management (1DM) strategies or land use and urban design measures? -X- No _Yes - If yes, How? (For example, park & rides, flexible work hours, mixed land uses.) , 3. Does this plan amendment impact transit service or facilities? ---1L No _Yes - How? 4. Does the proposed plan revision or amendment affect pedestrian or bike systems? -1L No _Yes - How? C. Aviation . / 1. Do your community's plan or codes/ordinances include a "notification" element to protect regional airspace? (J. ---1L No _Yes 2. Do the proposed changes in the plan revision or amendment involve areas within an aizport influence area or airport search area? -1L No - If no, skip to "D," "Recreation Open Space." _Yes 3. Are the proposed changes in the plan revision or amendment consistent with guidelines for land use compatibility and aircraft noise guidelines and approved airport Long-term Comprehensive Plan? No _Yes -1L Not applicable D. Recreation Open Space 1. Does the plan revision or amendment affect existing or future federal, state or regional parks, park reserves or trails? -1L No _Yes - If yes, describe: 2. Does the plan revision or amendment include a trail segment or connection to a regional trail or park? No -1L-Yes See attachment A-3, Trails map ( / A76 July 1996 m Impact on Land Use r / A. Plan Revision If you are submitting a plan revision and you are using your own community's land use data., please attach copies of the land use tables you completed on pages AI7-AI8, A37-A39 in the handbook appendix. B. Plan Amendment Questions 1,2 and 3 below apply only to plan amendments involving a land use change and urban service area expansion. Describe the following, as applicable: 1. For the area in the amendment: a. Existing land uses in acres: _ b. Proposed land uses in acres: See Attachment A-I , / 2. For residential use amendments: a. Number of residential dwelling units and types (single, multi-family) involved under existing plan 624 Under proposed revision/amendment 575 b. Density under existing plan 2. 40 Under proposed revision/amendment 2.21 units / acre unit/acre 3. For commerciaIrmdustriaIJinstitutional use amendments: a. Square footage of commercial structures under existing plan Under proposed revision/amendment b. Square footage of industrial structures under existing plan Under proposed revision/amendment Co Square footage of institutional structures under existing plan Under proposed revision/amendment d. Number of employees under existing plan Under proposed revision/amendment ( IV. Impact on Housing , , 1. Will the plan revision or amendment affect the availability of affordable or life..cycle housing in your community? _ No - Ifno, skip to "V," "Environmental Resources." X Yes - If this change favorably affects your community's ability to achieve housing goals under the Livable Communities Act or goals stated in the housing element of your comprehensive plan, please describe: The chanqe will enable construction of life cycle housing to meet the needs of a rapidly growing senior population. If this change negatively affects your community's ability to meet your housing goals, what provision has your community made to compensate for this impact? V. Environmental Resources 1. Will an Environmental Assessment Worksheet (EA W) be prepared for the plan revision or amendment? X No Yes - If yes, what is the schedule for completion of the EA W? 2. Does the plan revision or amendment affect a state, federal or locally protected wetland? No j X Yes - If yes, please include a map showing the location of the wetland. Describe the type of wetland A77 July 1996 / affected and how it will be protected or how impacts will be mitigated. See attachment A-4 ( 3. Will the plan revision or amendment potentially affect the quality of any surface water body? No ~Yes Identify which ones and describe the impacts: DNR Wetland #701 W See attachment Indicate how any negative impacts will be mitigated: 4. Has the community adopted the Council's Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Water Bodies? No ~ Yes - If yes, has the community implemented the strategy? No ~Yes 5. Does the plan revision or amendment affect the Mississippi River Critical Area planning standards and the Mississippi National River and Recreation Area Comprehensive Management Plan? ~No _Yes. Describe: _ Not Applicable '\ j 6. Does your community have an adopted water supply plan that meets the requirements of Chapter 186 of 1993 Session Laws? _ Not Applicable _No ~ Yes - If yes, will the proposed plan revision or plan amendment affect your water supply plan? X No Yes - If yes, how? ( 7. Has your community adopted a local surface water management plan? ~No -A- Yes - If yes, will the proposed plan revision or plan amendment affect your local surface water management plan? No Yes - If yes, how? VI. Implementation Program 1. Will the plan revision or amendment require changes in zoning, subdivision, on-site sewer ordinances or other official controls? No -----X-Yes - If yes, when? ASAP Describe proposed changes: Zonina chanae from Sinale Familv Rural R-l to Sinale Familv Urban, R-4 and Multiple Dwelling, M-2 J 2. Has your community adopted a capital improvements program? ~No _Yes - If yes, what changes will be needed in your community's capital improvement program to implement the plan revision or amendment? ~. A78 July 1996 ~~ .-.- '?~~l- ~ . ~J'i~'~f1<<H~~,~::::l~~ I ;,,' ~.' II ~=Il- i i l~"'W , ,', ',~:,i~ ~~il kt.' ' ;ij ~ ' :' Ie: _. "", "II' "..' 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J'_ . . , 'I'~'I \~, 2 . , _ :: 0 !i ---J - :t' ;f~~t-;~ 0;: '..\.i _ I ~ .. 1. ~ ~oO(;;r~ I~~~ ~ k~.. #I' -I- .1, *1, ~Gi.I./7!~I~ ----+, ~._- r- . eSTA; CS -, ,:, "" ",'~ =1: ~ ~ ~ L'lu;~n'~/~II;' I!~ ~ i I I!OA '~FAE DEPART I 1/ OS G .. ANXM" ELEMEVrARY 'CHO"- " ,.. r- Pt - CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: April 1, 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Department ITEM NO. $"'. Sketch Plan - Hamilton Square Section 23 Edward and Lora Hamilton David L. Carlberg Community Development Director ~ The City Council is asked to review and comment on the sketch plan of Hamilton Square located in Section 23 as being proposed by Edward and Lora Hamilton, The sketch plan consists of 4 commercial lots, Planning and Zoning Commission Review \ \ ./ The Planning and Zoning Commission reviewed the sketch plan on March 25, 1997. Attached is the staff report presented to the Commission at their March 25, 1997 meeting for background information and Council review, Park and Recreation Commission Review The Park and Recreation Commission will be reviewing the sketch plan at their April 3, 1997 meeting. It is expected that the Commission will recommend the acceptance of cash in lieu of land. '\ .J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE M~r,..h?~ lQQ7 , AGENDA ITEM ORIGINATING DEPARTMENT 6. Sketch Plan - Hamilton Square Section 23 Ed & Laura Hamilton Planning David L. Carlberg Udmmunitv Development Director APPROVED FOR A~ BY:~ Request The Planning and Zoning Commission is asked to review the proposed sketch plan of the property to be known as "Hamilton Square" located on the northeast comer of the intersection of Hanson Boulevard NW and Crosstown Boulevard in Section 23 as being presented by Edward & Laura Hamilton. General Comments , , ) · The proposed sketch plan consists of four (4) commercial lots and is located in a SC, Shopping Center District. The allowable uses of the property will be regulated by Ordinance No.8, the Zoning Ordinance. · The Andover Comprehensive Plan Land Use Plan designates this area as commercial. The zoning of the property is consistent with the Comprehensive Plan. · The property is currently located in the Metropolitan Urban Service Area (MUSA). · An endangered plant species (Tall Nut Rush) may exist on the site which may need to be protected per State Statute. · The Water Resource Management Plan shall be implemented with the development. · The 100 year pond elevation shall be identified on the preliminary plat. In . addition drainage and utility easements are required for the 100 year flood elevations. , J , -' / , \ / Page Two Sketch Plan - Hamilton Property Section 23 Ed & Laura Hamilton Planning and Zoning Commission Meeting March 25, 1997 * The developer and/or owner is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. * There may be wetlands within the proposed development that must be delineated by agencies and indicated on the preliminary plat. The Local Government Unit is the Coon Creek Watershed District. The developer shall contact the CCWD to discuss the 1991 Wetland Conservation Act that is in effect. ) * The developer is required to meet the following City Ordinances and all other applicable ordinances. Ordinance No.8, the Zoning Ordinance Ordinance No. 10, the Platting and Subdividing Ordinance Ordinance No. 29, Diseased Shade Tree Ordinance & the Tree Preservation Policy Ordinance No. 114, Wetland Buffer Ordinance * The Planning and Zoning Commission should remember that this item has not been studied by staff in detail as most of the detail will be reviewed as a part of the preliminary plat. Park and Recreation Commission Comments The Commission will be reviewing the sketch plan at their April 3, 1997 meeting. ) , " /' , J Page Three Sketch Plan - Hamilton Property Section 23 Ed & Laura Hamilton Planning and Zoning Commission Meeting March 25,1997 Andover Review Committee Comments The Andover Review Committee (ARC) met on Thursday, March 20, 1997 to discuss the sketch plan. Comments from the meeting are as follows: * Stormwater drainage needs to be determined. * Sanitary sewer and watermain extensions need to be considered. A trunk sewer and water feasibility report is currently being prepared for the site. * Need to consider and discuss how the watermain will be looped. * The power line easement should be considered during the design and , ) development of this site . * Street section shall be a 9 ton design. * Street names should be looked at with the configuration of the road system. * Bituminous bikeway/walkway will be required along Hanson Boulevard NW and Crosstown Boulevard NW (Andover Trail Plan is attached. * Tree Protection Plan will be required. * Anoka County Highway Department to review and comment on sketch. * TKDA review and comments pending. It should be noted that some of the above listed items will need to be addressed as a part of the sketch plan review and some of the items will need to be addressed as a p;rt of the preliminary plat application and review. The ARC is listing these items at this time for discussion purposes. , / ,. L,_~: ~ d~ ' ! il; ~. ,I" ! II ,L ~ W ~I ~ I I I ,- :':: ---' '- r- ; l' ,:~"-____ _ 'U .'.-R 1'- i I . 1-:OAj; ~- I'---J. ' '..,. - ,,',i!iF==e- Wf--' ~ ,--=" .f' v. I / I 1-: j i t\. '7'1 ) , " Fr ' I ,- .. I 'j""'hC .:..... Ii! ~ " ' ---:--r- . :4......., .t.....~~---------~ _ !:i '~L.8 I ! i r:-::'C- .-'- " '-t-:.: ! I-'- ;f;T- . I':: ' :.l ',' _ _ ___~__~.: ..... "-....~y: / .' --,!!], :'!'.. T ;:!', J;!!~, " , , ~ I =___'-J :::J . < ~. i,' . · ';"-=-~': - ; _I ~I "T>EHT:,"-" : IS::) .: "'~ . I ~, - ,- -: . _.. ~ !\:$,,",~"'~ i!' ' - I. l -~',. ':~i.o~ Ii!' ~: /, I ~t"- ""'" :7-1 !EEg . 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Q. :!1 l :.. t ~ \ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: April 1. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Department ~ David L. Carlberg ~ Community Development Director ITEM NO. ~. Sketch Plan Andover Comm,/Ind. Park Section 34 City of Andover The City Council is asked to review and comment on the sketch plan of the Andover CommerciallIndustrial Park located in Section 34 as being proposed by the City of Andover. The sketch plan consists of29 commercial and industrial lots, \ Planning and Zoning Commission Review , / The Planning and Zoning Commission reviewed the sketch plan on March 25, 1997, The Commission's discussion focused on lot sizes, access to the site, and the proposed sidewalk and trails. The Commission also agreed it would be wise to consult with a commercial developer on the development of the site. Attached is the staff report presented to the Commission at their March 25, 1997 meeting for background information and Council review, Park and Recreation Commission Review The Park and Recreation Commission will be reviewing the sketch plan at their April 3, 1997 meeting. It is expected that the Commission will recommend the acceptance of cash in lieu of land. / CITY OF ANDOVER REQUEST F,OR PLANNING COMMISSION ACTION March 25,1997 DATE ORIGINATING DEPARTMENT Planning AGENDA ITEM 7. Sketch Plan - Andover CommlInd. Park - Section 34 City of Andover APPROVED FOR AGENDA David L. Carlberg eypmmunity Development Director BY~ Request The Planning and Zoning Commission is asked to review the proposed sketch plan of the property located south of Bunker Lake Boulevard in Section 34 as being proposed by the City of Andover. General Comments * The proposed sketch plan is a ninety (90 a.) acre site and is located in an I, Industrial District. The allowable uses of the property will be regulated by Ordinance No.8, the Zoning Ordinance. j * The Andover Comprehensive Plan Land Use Plan designates this area as Industrial. The current zoning of the property is consistent with the Comprehensive Plan. Staffhas discussed the concept of rezoning the areas adjacent to the frontage road along Bunker Lake Boulevard to GB, General Business. This would allow more flexibility in the uses of the property. * The proposed sketch plan is located in a Tax Increment Financing (TIP) District. The City has and is utilizing TIP funds to acquire the junkyard properties, correct soils, and install public utilities and streets. * The property is currently located in the Metropolitan Urban Service Area (MUSA). * The Water Resource Management Plan shall be implemented with the development. * The 100 year pond elevation shall be identified on the preliminary plat. In addition drainage and utility easements are required for the 100 year flood elevations. j \ / Page Two Sketch Plan - Andover CommerciallIndustrial Park Section 34 City of Andover Planning and Zoning Commission Meeting March 25, 1997 * The developer and/or owner is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. * There are wetlands within the proposed development that must be delineated by agencies and indicated on the preliminary plat. The Local Government Unit is the Coon Creek Watershed District. The developer shall contact the CCWD to discuss the 1991 Wetland Conservation Act that is in effect. , ) * The developer is required to meet the following City Ordinances and all other applicable ordinances. Ordinance No.8, the Zoning Ordinance Ordinance No. 10, the Platting and Subdividing Ordinance Ordinance No. 29, Diseased Shade Tree Ordinance & the Tree Preservation Policy Ordinance No. 114, Wetland Buffer Ordinance ,I * The Planning and Zoning Commission should remember that this item has not been studied by staff in detail as most of the detail will be reviewed as a part of the preliminary plat. Park and Recreation Commission Comments The Commission will be reviewing the sketch plan at their April 3, 1997 meeting. , ) Page Three / Sketch Plan - Andover CommerciallIndustrial Park Section 34 City of Andover Planning and Zoning Commission Meeting March 25, 1997 Andover Review Committee Comments The Andover Review Committee (ARC) met on Thursday, March 20,1997 to discuss the sketch plan. Comments from the meeting are as follows: * Sidewalks and bikeway/walkway trails need to be discussed. * Street names should be looked at with the configuration of the road system. * TKDA review and comments pending. * Anoka County Highway Department to review sketch. , , , / ) i [' -t. ' r,q~~7. f(J · ~ ' ,i. I . !. ""':A~~" Z I Ii' I ~ ~ i ~j(~I.''''. .....1. / ' . ~ "..~~. H- · . ~" . " : SA' 'DA''';',. I LUNI" U:,,' .; ',:..,... 'F . I --'- rTlo/r' I. \ ,n , . ~ e I .':" I ... 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I. .: -- ~!:.I ... .... __. . , I . :Ii..a, .-. I r ,- .:. : .-- : . I( , I _.. ': . 1,- !=72 r . , := ~'.' ~ - :, :7'(. "'"' t _.. --j. I I I , I I I I , I I I I I I I I I I I I I I I : I I I l.rl 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:I:l =a ~ ~ ~ ~ ~ D~ ~. ='!e ~~! '0 litD ':0 ~ l.2Ij, ',.:> Q. '~ ~ ,.." IQ. . '~,:'~' \". .... . (.~ ..... , I , \ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April t. t 997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning - Jeff Johnson ITEM NO. Adopt Ordinance No. 222 - Adult Uses 1. Request (Adopt Ordinance No. 222 - Adult Uses and Adopt Resolution Establishing Adult Use Business License Fees The City Council is asked to review and approve Ordinance No, 222 - Adult Uses, Please advise staff in regards to any recommended changes, . / The Council is also asked to adopt a resolution to establish adult use business license fees (see attached \ resolution). Staff has contacted the following communities to help the Council make a decision in regards to the fee amount. .em: Fee Amount (Per Year) Apple Valley Blaine Burnsville Coon Rapids Cottage Grove Fridley Lakeville Minnetonka St.Louis Park Woodbury $5,000.00 $1,000,00 $5,000,00 $5,000.00 $5,000,00 - $10,000,00 $ 800,00 $ 800,00 $1,000.00 $5,000,00 $1,000,00 / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO, 222 AN ORDINANCE REGULATING THE LOCATION AND OPERATION OF ADULT USE BUSINESSES IN THE CITY OF ANDOVER. The City Council of the 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 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 ofthis 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", 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: (I) 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 / (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: (1) 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-l 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 ofleased 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 of the display areas shall be designed so that the management of the 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. l1lumination of the 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 of the 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: / 1. Names, addresses and birth dates of applicant; 2. Proofthat 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 or the business and if not who is; 8. rfthe applicant is a corporation, the name of the 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 for 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 ofthe 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. 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 of the 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 ofthe 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. / 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 ofthe 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 ofthe operator if such act or omission occurs either with the authorization, knowledge or approval ofthe operator, or as a result of the 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 of light 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 ofthe employee. 8. The operator shall ensure compliance of the establishment and its patrons with the provisions of this ordinance. Section 11. Exclusions. 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 12. 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 12. 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 13. 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 April, 1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor / 10 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION A RESOLUTION ESTABLISHING THE FEE FOR ADULT USE BUSINESS LICENSES. The City Council of the City of Andover hereby resolves: An adult use business license fee is hereby established for the year 1997. License Fee Ordinance $800 - $10,000 (Council to Set Fee) #222 Adopted by the City Council of the City of Andover on this 1st day of April, 1997. ATTEST: CITY OF ANDOVER j Victoria V olk, City Clerk J. E. McKelvey, Mayor / Regular _~dover City Council Meeting Minutes - March 18, 1997 \page 9 / PRELIMINARY PLAT/TIMBER RIVER ESTATES Councilmember Knight was concerned with the storm drainage. In talking with Mr. Westlund, he was assured that it would not be a problem. Several residents expressed concern with additional water draining to the south and affecting their subdivision, as they have had problems in the past. They want assurances that there will not be a problem and wanted to know who is liable if there is a problem. Bvron Westlund. Woodland Development - again went through the storm water drainage plan, indicating which direction the drainage will flow, the ponding, and the rates of flow during the 100-yearevent. They tried to change the drainage patterns so less acres will contribute to the ponding that goes south plus reduce the volume and rate of run off to the south. The plan has been agreed to by their engineering firm, the watershed engineers, the DNR and the City's engineer. The calculations are also based on the worst-case scenario. Ernie pfannschmidt - was involved in the water problem eight or ten years ago. They were proposed to be assessed for resolving the water problem but were not because it was found that this property di.d not contribute to the problem. The water came from the east and south of this property. A resident stated with 81 homes: on: this property, it 1could become a problem. Mayor McKelvey felt that with all of the / engineers reviewing the proposed drainage plan, there must be some degree of confidence that the law is met which states that no more water can flow off the site than before the development. MOTION by Orttel, Seconded by Dehn, the Resolution approving the preliminary plat of the Planned Unit Development of Timber River Estates as being developed by Woodland Development Corporation as prepared with the additional condition that it meet all the requirements of the Staff memo dated March 18, 1997, which includes TKDA's recommendations; and note that a geotechnical engineer's report is to be approved by an independent engineer and reviewed by the City Engineer, and if there are no questions, it may be approved by the engineer or come back to the City Council. Park dedication will be as discussed by the City Council this evening. (See Resolution R066-97) Motion carried unanimously. Council recessed at 9:45; reconvened at 9:55 p.m. @DISCUSS/ORDINANCE NO. 92/ADULT USES Mr. Carlberg explained Staff has recently received a request about - opening an adult novelty business in Andover. The ordinance would allow this as retail trade and service in the NB, BC and GB districts; and they are not required to be licensed. The City Attorney has also \indicated that a Supreme Court decision requires that cities have at Jleast five percent of the community zoned to allow adult uses. Andover's total commercial area is about two percent of the City. Staff has prepared a draft ordinance similar to the City of Fridley which provides more detailed definitions and licensing of these businesses. /' Regular Andover City Council Meeting Minutes - March 18, 1997 Page 10 ,- " (Discuss/Ordinance No. 92/Adult Uses, Continued) Attorney Hawkins advised that the court decision basically requires about five percent of the community to be available for these types of uses. It is a problem for cities that are basically residential. A suggestion would be to allow it in those areas already zoned commercial and deal with any challenge if one arises. In discussing the item, the Council suggested that the adult uses be allowed as a special use in the Industrial and General Business zones. They should also be licensed, with the fees set to include costs of inspections. Staff agreed to have a revised ordinance for Council consideration at the April 1 meeting. DISCUSS ROLLING MEADOWS ESTATES/GRADING/DRAINAGE/EROSION CONTROL PLAN Mr. Erickson explained the developers of Rolling Meadows Estates, TSM Development, Inc., have proposed a revised grading/drainage and erosion plan to allow the lowest floor to be lower than the mottled soil. The City's consulting geotechnical engineer reviewed the proposal and concurred with the developer's engineer as it relates to the ground water on the site but made two recommendation. One recommendation was to install a perimeter drainage system around the house foundations as additional protection. The. second was that the developer have a geotechnical engineer. inspect. the footings as. they are dug for. each pad site tv make sure there.isn"t'a perched conditionq..andprovidethe City with a report reconfirming the ground water at each location or advising adjustments as needed. , '\ j Councilmember Knight was concerned with allowing this adjustment in low and marginal soils. He wanted a guarantee that someone other than the City will be responsible. The Council generally agreed to the recommendations but felt that the geotechnical engineer on site should be hired by the developer and should sign a certification which is to be placed in the building records for each lot. Mr. Erickson stated another request is for a variance to Lots 4 and 5, Block 2 to the low floor to allow them to set the houses below the 10C- year flo0d elevation. The drainage in the back of the lots and the pond flows to the south. Steve Schmidt, TSM Develop~r, stated the 100-year flood elevation for the house is not the same as the pond. The pond is landlocked and drains to the south. Both their geotechnical engineering firm and the one hired by the City agree their proposal is acceptable. The house pads are proposed to be at 904 feet and the 100-year flood elevation is 899 feet. They want to build higher-priced houses with full basements. If they don't get the variances, they would have to build split entry / ~ houses. Mr. Erickson explained the geotechnical engineers have agreed / that neither the overland flow nor the percolation will get to the basements of these houses because they are far enough away from the pond. Council suggested that a geotechnical engineer also provide , / Regular Andover City Council Meeting Minutes - March 18, 1997 ,Page 11 . / (Discuss Rolling Meadows Estates/Grading/Drainage/Erosion Control Pla~ Continued) certificates for these two homes. Councilmember Dehn had a concern and would agree only if the engineers and geotechnical engineers agree, because there are other options to have another type of house on those lots. MOTION by Orttel, Seconded by Dehn, the Staff Resolution approving the revised grading/drainage/erosion control plan of Rolling Meadows Estates as being developed by TSM Development, Inc., and include the Staff recommendation as well as the variances to Ordinance 10 subject to a geotechnical engineering certificate for the building file for the two homes on Lots 4 and 5, Block 2, that those home elevations be allowed to be adjusted to fit with the actual conditions of the 100-year flood of the pond to the southeast of those lots. (See Resolution R067-97) Motion carried unanimously. DISCUSS LETTER/CROOKED LAKE AREA ASSOCIATION Steve Nelson. 13316 Gladiola Street - represented the Crooked Lake Area Association. Two major concerns on Crooked Lake have emerged, one being the safety for the people boating and using the surface water. The. jother is improving the water quality of the lake. He explained the /problem of safety with the increased number of boaters, their research of what other lake associations have done and their discussion with the Anoka County Sheriff's office regarding enforcement. Crooked Lake isn't a high priority lake for enforcement purposes. The DNR established the boat landing for six parking spots, which is what a lake the size of Crooked Lake should handle. In this situation, however, the boaters can park across the street at Crooked Lake Elementary School. At times there are over 20 cars and trailers parked between the two locations. Eliminating the parking at the school would alleviate some of the problem, but the school has said it cannot sign to restrict parking of boat trailers without an ordinance to back it up. He asked if the City would support some ordinance restricting boat trailer parking at the school. For any surface water management program, it is important that both Coon Rapids and Andover have like ordinance. Attorney Hawkins stated the City would adopt an ordinance designating no parking of boat trailers at the school. It could be an amendment to the City's parking ordinance. Councilmember Kunza stated it would also have to include no parking along Bunker Lake Boulevard and along the service road. MOTION by Knight, Seconded by Dehn, to direct Staff to set up a public hearing or public meeting to discuss an amendment to the parking regulations. Motion carried unanimously. Hr. Nelson stated the runoff from the streets and yards is a problem for \water quality. They are requesting the City sweep the streets twice a , . )year, in the spring and in the fall, to reduce the amount of pollution entering the lake. Council noted Staff is making plans to do that. Regular Andover City Council Meeting Minutes - March 18, 1997 Page 12 /- '\ ;' (Discuss Letter/Crooked Lake Area Association, Continued) Jim Hughes, Crooked Lake Area Association explained in 1992 through the cooperative efforts of the DNR, Coon Creek Watershed, the cities of Coo~ Rapids and Andover and the Association, they were able to eradicate Eurasian Milfoil in the lake. Unforcunately it also killed some of the other natural life in the lake, which is now recovering. In August, 1996, they found Eurasian Milfoil in the lake again in several areas along the shore. The treatment used before is no longer allowed by the DNR. In talking with the DNR and other lake association, a treatment of 2-4-D is recommended, though it is only 85 percent effective; plus the DNR will only permit up to 15 percent of the lake to be treated at one time. With that limitation, it appears that they will never be able to totally eradicate milfoil; and it will require annual tre3tments to control. They are hoping to begin treatment this spring. It will cost $350 per acre for the treatment, and a maximum of 13 acres can be done at one time. They are looking to the cities for some help. The Council generally agreed to participate in 20 to 30 percent of the cost, which is Andover's share of the lake. They also suggested the Association contact the Coon Creek Watershed Board. The Association members stated they will come back to the Council with a plan for the treatment and more specific costs and funding sources. / '\ I j DISCUSS REMOVAL OF STOP SIGNS/YUKON STREET AND 140TH AVENUE MOTION by Knight, Seconded by Orttel, for option No.2, table the item and notify the property owners for public comment. Motion carried unanimously. The Council asked that the item be placed on a light agenda, as there is no immediate rush on this item. DISCUSS FINANCING/IP97-3 AND 97-4/CRACK SEALING AND SEALCOATING The Council gave verbal consent to approve additional funding for the 1997 crack sealing and sealcoating projects from the In-House MSA Fund. APPROVE PLANS AND SPECS/IP95-14/CROOXED LAKE BOULEVARD Mr. Erickson explained the Municipal. State Aid office is requiring the City to obtain drainage and utility easements from the property owners downstream from the stormwater discharge pipe at the intersection of Bunker Lake Boulevard and Crooked Lake Boulevard. This would encumber three properties and would be a large cost to the project. Maier Stewart & Associates has looked at yet another alternative for the drainage from this intersection and is now proposing to pipe the storm water in the right of way to the creek and discharge it into the creek. r ~ Some temporary or petmanent easement may be needed along Bunker Lake / Boulevard. The intent is to place the pipe far enough way from Bunker Lake Boulevard so it will not be disturbed when the street is reconstructed in the future. , /' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ . / DATE: April 1. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning - Jeff Johnson ITEM NO. Adopt Ordinance No. 92B (To Repeal Ordinance 92) ~. Request The City Council is asked to adopt Ordinance No. 92B. As proposed, this ordinance (Adult Uses) would be deleted. / , . / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 92B AN ORDINANCE AMENDING ORDINANCE NO. 92 ADOPTED THE 19TH DAY OF JUNE, 1990 KNOWN AS AN ORDINANCE REGULATING THE LOCATION AND OPERATION OF ADULT USES IN THE CITY OF ANDOVER. The City Council ofthe City of Andover hereby ordains as follows: Ordinance No. 92 is hereby amended as follows: Ordinance No. 92 adopted June 19, 1990 and Ordinance No. 92A adopted April 2, 1996 are hereby repealed. Adopted by the City Council of the City of Andover on this ~ day of April, 1997. ATTEST: CITY OF ANDOVER / Victoria V olk, City Clerk J. E. McKelvey, Mayor / 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 substarltial portion ofits business (40% oftlle utilized floor ~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. l, ;;:',. J;, / k::'<.02u >1. E. McKelvey, Mayor f . (L~ !/~ Victoria V olk, City Clerk 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 substantial 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 .' 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. (ii) 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 conduct 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 19 th day of June , 1990. CITY OF ANDOVER ctlng Mayor ATTEST ~!)g Vlctorla Volk, City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 1 1997 AGENDA SECTION Discussion Items ORIGINATING DEPARTMENT Scott Erickson,~ l Engineering ITEM NO. Winslow Holasek Request to Address City Council If. At the last City Council meeting of March 18, 1997, Winslow Holasek requested to address the City Council regarding drainage issues. CITY OF ANDOVER , ./ HOUSING AND REDEVELOPMENT AUTHORITY REQUEST FOR ACTION DATE: April t. t 997 AGENDA SECTION HRA Meeting ORIGINATING DEPARTMENT Planning ITEM NO. Allocation of Funds to Opportunity Services /~. JW* John Hinzman, City Planner Request The Housing and Redevelopment Authority is asked to appropriate $1,800 reallocated from the 1997 Social Service Budget at the last meeting to Opportunity Services in order to construct a multi-purpose service facility to serve Andover residents. The minutes . \ from the March 18, 1997 meeting as well as Opportunity Services' request are attached J for your review. . / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 : , ANDOVER HOUSING AND'REDEVELOPMENT AUTHORITY MEETING MARCH 18, 1997 - MINUTES A Meeting of the Andover Housing and Redevelopment Authority was 'called to order by Mayor Jack McKelvey on March 18, 1997, 11:10,p.m., at the, Oak View Middle School, 15400 Hanson 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 ' REALLOCATION OF CDBG SOCIAL SERVICE FUNDS MOTION by Orttel, Seconded ,by Kunza~ the Staff,'recommendation to th~, 'reallocation of CDBG Funds based 'on ,the county' s reallocation ,to,' the City. DISCUSSION:' 'Mr~ Hinzman explained the county's' 1997: CDBG' allocations to public service agencies exceed the 15-perc~ntlimit, ,so 'six percent ($1, SOO} of ,the Social SerVice budget must be reallocated to , /another CDBG general budget ,account. 'Staff is recommending ,that all " additional' increases, over 19~6 allocations ,($1,037), be' cut~d,that' the remaining. $763 be cut, equally among, all recipients,' of,: 1997 " funds.:, requesting levels:equalto that of.. 1996. A public hearing will ,be held' , to allocate the'$l;SOO, to Opportunity ,Services which: has requested:':'':: ,. , funding to:const:r;uct' a new facility' to..provide".job"training, :job:; :, 'placement:and ,support services -to 'persons with d~sabilities.', - Motiqn': ',:' ~, carrie~ unanimously., ' .. -'" - " - , , -.".. ....' MOTION by Kunza, Seconded by Orttel;, to adjourn. unanimously. Motion carried 'The meeting was adjourned at 11:12 p.m. Respectfully ~mitted, ~~y~ Recording Secretary / / RECEIVED FEB 0,* 1997 CITY OF ANDOVER CITY OF AN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DOVER FUNDING REQUEST FORM PROJECT YEAR 1997-1998 Corr1ITnmity Development Block Grant funds are available to organizations that provide speciJ services to low to moderate income individuals and families. The City of Andover receives CDBG funds through Anoka County and the United States Department of Housing and Urban Development. The application deadline is February 21, 1997. Funds will be awarded at the City CouncillHRA meeting on Tuesday, March 4, 1997 at 7:00 pm at the Oak View Middle School, 15400 Hanson Blvd. NW. Additional information may be obtained from John Hinzman, City Planner at 755-5100 (roD 754-8826). Name of Organization Opportunity Services Address 1618 W. Third St. Phone 222-0887 (Metro line) ) Red Winq. MN 55066 Contact Person Nancy Gurney Title Pres i dent Please describe your organization's goals and programs, and how they will benefit Andover residents: Opportunity Services provides iob training. iob olacement and support services to persons with disabilities. Our mission is to assist people to work and contribute to their communities. We orovide service to Anoka County and have been requested to build a new facility to meet the service needs of vounq adults qraduatinq from hiqhschool and needinq emolovment. Attach additional sheets, if necessary. ************************************************************************ , ) Amount ofCDBG funds requested $ 5.000 I . .. \ / Page 2 CDBG Request Form City of Andover Name of Organization Opportunity Services' Special Project Description: Funds will be used to build a new multi purpose service facility to serve all of Anoka County. Does your Organization serve low to moderate income families or individuals? If you answer no, your organization will not receive funding. ~Yes No What percentage of persons served are low/moderate income individuals? 100 % J Does your organization currently serve residents of Andover? ~Yes No Has your organization served Andover residents in the past? --X- Yes _No Will these funds be used for the expansion of an existing program? ~Yes No - Will these funds be used for the creation of a new program? _Yes ~No PLEASE PROVIDE THE FOLLOWING INFORMATION WITH YOUR APPLICA TION: 1997 Organization Budget Proposed Budget for CDBG Funds Schedule for Expenditure of CDBG Funds Name(s) ofindividual(s) authorized to receive CDBG reimbursement checks. , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 1. 1997 AGENDA SECTION Reports of Staff, Committees, Commissions ORIGINATING DEPARTMENT ITEM NO. Discuss Bricking of Existing City Hall Structure J ,. Scott Erickson,~L Engineering We are waiting for information from Craig Kronholm of Adolfson and Peterson regarding the bricking of the existing City Hall structure. The information will be provided at the meeting. / --' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 1. 1997 AGENDA SECTION Reports of Staff, Committees, Commissions ORIGINATING DEPARTMENT ITEM NO. Response to Winslow Holasek's Letter /~. Scott Erickson, ~l- Engineering The City Council received a letter from Winslow and Corinne Holasek dated March 4, 1997, requesting information regarding municipal utilities for their property northeast of the Winslow Hills 3rd Addition. The City Council directed staff to evaluate and prepare a response to this letter. WATER SERVICE Watermain lines have been stubbed on both 152nd Lane and 150th Lane for future extensions to the east. The watermain system and trunk lines have been sized to provide future water service for this area. SANITARY SEWER SERVICE Sanitary sewer service lines have been stubbed on both 152nd Lane and 150th Lane for future extension to the east. The sanitary sewer system has been sized to provide future sanitary sewer service for this area. A 8 inch sewer line is stubbed on 152nd Lane to provide service for some of the area to the east. A 12 inch sewer line is stubbed on 150th Lane and is set at a deeper depth to provide service to the remaining area west of the tracks and for future extension to the east of the railroad tracks. STORM SEWER The Holasek property is identified to ultimately interconnect to the Xeon St. storm sewer. The developer previously had his engineers, Loucks and Associates, prepare a drainage plan for this area. The developer should refer to this plan and work with his engineers to identify how they will handle the drainage from this site. As is typical for all new developments, the developer's engineer designs their project (including storm sewer design) in accordance with all City, County, State, Watershed, etc. requirements. The City of Andover then reviews the proposed design for conformance with City codes and design requirements. . \ / \, .) \ j Marach 4, 1997 Honorable Mayor and City Council City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Availability of municipal services for the property northeast of the Winslow Hills 3rd addition As you know, forty acres of our land northeast of the Winslow Hills 3rd addition to the Burlington Northern railroad right-of-way is scheduled to be included in the MUSA district for the year 1998. Before we go to the expense to rezone and do a preliminary plat for this property, we want assurance from the city there are adaquate municipal services available from the Winslow Hills 3rd addition to service this area. We have included a sketch of this area. Some of the things that we need to know are: 1. Is there adequate trunk watennain capacity and depth from the Winslow Hills 3rd addition to serve the area? 2. Is there adequate trunk sanitary sewer capacity and depth from the Winslow HIlls 3rd addition to serve this area? 3. Is there adequate trunk storm sewer capacity and depth from the Winslow Hills 3rd addition to serve this area? We would appreciate it if you could please see that we are supplied with the answers to these questions prior to the next City Council meeting March 18, 1997. Please have the answers addressed to each individual question seperately and cover both depth and capacity for each. Thank you. 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'// \ ,~ .'~ ....s '0'",_ --ii, ~~ <5(.01 <0 /~ '/ ~~ 0 ill ii " ell ~. '/ to. ~ { .~ // '/ ... -~// jI/ '/ 1/ /1,/ /,/ /'/ /),/ 8L 'H'';1'S':) ~^"a NOSNVH '\'''~ \ ~U1 .~\~ .~~ "''' "'''' 'll '" '" 'll ~' ;,; .~ -\ .~ r.. r .~ '-oJ \ , Q)i:::\ 1\)' I~I. CI!. L ;. !:!! . ~. '" In '" Z .. '" 21 '" ... I~ I / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 1. 1997 AGENDA SECTION Reports of Committees ORIGINATING DEPARTMENT Planning -r ""'f./- ITEM NO. Appointment of Comprehensive Plan Task Force Vacancy John Hinzman, City Planner /.3. Request The City Council is asked to fill a vacancy on the Comprehensive Plan Task Force. Staff has learned that Randall Peek will not be able to serve on the committee. Following is a list of those who have expressed interest in serving on the task force. Applications received appear in italics. . / 1. Maynard Apel, 1781 157th Lane NW 2. Leonard J. Groen, Sr., 4048 Genie Drive NW 3. Bud Holst, 4276 165th Avenue NW 4. Don Jacobson, 14826 University Avenue NW 5. Jeff Kieffer, 3975 149th Avenue NW 6. Jim Lindahl, 17275 Tulip Street NW 7. Rebecca Pease, 3300 152nd Lane NW . .I .\ / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (512) 755-5100 COMPREHENSIVE PLAN TASK FORCE COMMITTEE . . . Work Phone: .. fl ~OU .l? Ir 3o'~- I V?~ . ~. ,J \... Please state your reasons for delmng to be on the Comprehensive Plan Task Force. . . . Commlttee: J . 10 Cc~A 7f1.,,~L @f4c.f\,--, pl.,.,"!.;I..-; J I,,", ru Th-c c./1'r' PA-r/(s TrAJ~ . . I /' evl' . J Please describe your education/experience which qualifies you to serve on this committee: y- -I- ~ Ar ~ r-rF p,q.,.. K:' {" c~ ~'l .~ 0-,,'" ;J -.QCA./<J/ r ""'"5, .1.-'"1 j.E;yr1-~/ 4.J/",-, 'y ~C:~(j$~~('r-.; ~A.'. of.; Please describe your professional, civic or community activities which may be relevant to this committee: Sfi 1(.,,",,, ~.k~~r_-. ~__ TIS V"7 ~ (?Ci,-P1.n-r.....J I' -r: cIA '" <;/ r A- c;:.}........-, PA-; "- I A'ihc-.... ./ Dated: d;~ 4L;;/ ~ / \ / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (6121 755-5100 COMPREHENSIVE PLAN TASK FORCE COMMITTEE Name: LEVN~"'i) 3_ Gl'.c<=AI :")('". Address: 4("") 4<;< t'....~r'-r ,"),< N L..J ANI:>" ~,~;.!:. Home Phone: 3..2 3 - / 3 0 2. Work Phone: 944 - 1(,;.40 Please state your reasons for desiring to be on the Comprehensive Plan Task Force Committee: T L,llI?- "Y"'\ A(\(lcc:c';-" ''--f'lL\ V\rv", (,-- S:-e.,-. -+ c.cnc.c:..('\ Ccr t-l...." c.OIYl(Yl<;I"\it-V';, n...; ~0~L. ~s u.; ~ tI c'~ ~c,- -\-\.- e.. c;' (' ,'V"\; U e..5 -\.-\.-,c_ \- \;" ~ 'n e.,'e.. w \~ lVl e.. . J Please describe your education/experience which qualifies you to serve on this committee: Kec<.!.n -\-L/ ('e. \-i ("~~ (). 5 4('(Y'l >' r.~Q\.(" ~ L Li v L h e.o C'---("H~.!:. I . (' ('~a w""'c_\- ""'C~?P e.n s ; Y"\ (V'l,-I (r(y\wh)t'\i~. -n;c~~',;, o..LL +h~ q uc...,U ~ i u...1,., c,,, S l\ e.c-LSSo....r'/.. '(1: b <l..l i e..v e..) Please describe your professional, civic or community activities which may be relevant to this committee: I jv..u Sc....t- C'", C>-("I ~ ('",",r\vc..lc-e~ IIC01 p~t>,,', (' c-,--nrr1;+fe.e..5 C'-'" d bcc;.;-ds (...~h'\\." '>>2.("1);""5 my (('~...,~.\.-ri' "'/h,e, 1.~r.d,J 60 my +\.s+ c....pc~+ ~rc(Y"\ +h~ yY1 i Li -\--c..ry. Il ~ Dated: o:)..l~,- C) /9 -:r- . - y ~ 19nature / .' "\ ) \ ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 COMPREHENSIVE PLAN TASK FORCE COMMITTEE Name: BUb ;kJLS/ Address: t./;) 76 - / b S- n-f ~ AI UJ Home Phone: tj;J-/ - 6096> Work Phone: .7 R {, - b S ~ t../ Please state your reasons for desiring to be on the Comprehensive Plan Task Force Committee: ,/ i3E'-II:=-V~ WE ~ MOh;"' (3u5r~5 /J.1'i7=-72.EsT5 "--NoME t)W~I<.S H-o/J1 h~S 'b~~ 1fE3S1 Det/I7ttL HtJu<5rJ--/G, A-ICt::--jr;; . / I( cPlU:5~ ~Jv 7iJ (5 bJ..A. Il?' -'- tp u h- J pY t) tJ Bonf.. t.eU I-'rS - .) . Please describe your education/experience which qualifies you to serve on this committee: C-tJl-LE~[;" Q.~ - U or= M /9~9 -b-J../7J(F,PREWEVR- 5:/tvCE /97f - eu~ENlZl!/ ~. Oo.../N ,8US'rA.4?5S JA/ . )l)P(; D ~ PlC:ohvcrs Please describe your professional, civic or community activities which may be relevant to this committee: ~u:R. f!.MTF 77) Rt:VIE{.AJ oRIJIJ..4f-Ivc IE" ? - /9tiU A-^-fr> Dated: 3/G N7 I / , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 1, 1997 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED f\Q Non-discussion Item Planning FOR AGENDA . ITEM Rezoning - R-l to M-2 David L. Carlberg f\Q Chesterton Commons ~ommunity Development Dir. BY: Section 23 lL /'1. Ashford Development Corporation The City Council is asked to table this item from the agenda at the request of the developer per the attached letter. '\ ~ - '\ -) , .- MOTION BY: . SECOND BY: /' '] ) As4fnrb lIIrurlnpmrttt QInrpnrattnn. lInf. 3640 - 152nd Lane N.W. . Andover, MN 55304 . 612-427-9217 March .25, 1997 Mr. David Carlberg Community Development Director City of Andover 1685 Crosstown Blvd Andover, MN 55304 RECEIVED MAR 251997 CITY OF ANDOVER Dear Mr. Carlberg, Ashford Development Corporation, Inc. requests that its rezoning request dated 2/21/97 be tabled until further notice. ) Sincerely, .~!V~ Jerry Windschit1, President Ashford Development Corporation, Inc. , j , " \ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: Aoril 1. 1997 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Lot Split 97-01, Variance 1 59xx Tulip Street NW Robert J. Dehn, Jr. John Hinzman, :f""tI- City Planner IS. Request '- ) The City Council is asked to review the lot split and variance request of Robert J. Dehn, Jr. to split a 5.01 acre property into (2) 2.5 acre parcels at 159xx Tulip Street NW. The split would require a variance of 18.0 feet to the 150 foot width requirement for a building pad provision of Ordinance 10. Planning and Zoning Commission Action The Planning and Zoning Commission recommended approval of the lot split and variance at the March 11, 1997 meeting. The issue of the property not being assessed for the reconstruction of 159th Avenue NW in the Pine Hills Addition was raised by a neighbor. The Commission felt that the Council may wish to discuss this issue. Please consult the attached staff report and minutes from that meeting for more information. / '1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -97 A RESOLUTION GRANTING THE LOT SPLIT\V ARIANCE REQUEST OF ROBERT J. DEHN, JR. PURSUANT TO ORDINANCE NO. 40 AND VARYING 18 FEET FROM THE 150 FOOT MINIMUM WIDTH FOR BUILDABLE AREA REQUIREMENT OF ORDINANCE NO. 10, SECTION 9.06.A.3 ON PROPERTY LOCATED AT 159XX TULIP STREETNW (PIN 17-32-24-42-0011). WHEREAS, Robert 1. Dehn, Jr. has requested to split a portion of property pursuant to Ordinance No. 40 and varying 18 feet from the 150 foot minimum width for buildable area requirement of Ordinance No. 10, Section 9.06.A. on property located at 159xx Tulip Street NW, legally described as follows: \ That part of the west 660.00 feet of the South half of the North half of the Southeast Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota, according to the Government Survey thereof, lying south of the north 330.00 feet thereof. Subject to the right-of-way of Tulip Street NW. Subject to other valid easements. J WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the location of a 50 foot pipeline easement would preclude the applicant reasonable use of the property, creating an unnecessary hardship, not created by the property owner, and reason for granting a variance, as stipulated in Ordinance 8, Section 5.04. 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, the Planning and Zoning Commission recommends to the City Council approval of the lot split\variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover / hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: I Page Two LSW AR 97-01 159xx Tulip Street NW April 1, 1997 1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2. That the applicant obtain all necessary building permits. 3. That the applicant pay all park dedication fees as defined in Ordinance No. 10, Section 9.07.10. Adopted by the City Council of the City of Andover on this 1st day of April, 1997. CITY OF ANDOVER \ '. / ATTEST: lE. McKelvey, Mayor Victoria V 01k, City Clerk ) Regular Andover Plannng and Zoning Commission Meeting Minutes - March 11, 1997 ( rage 3 / Jr PUBLIC HEARING: 7"-f DEHN, JR. LOT SPLIT/VARIANCE - 159XX TULIP STREET NW - ROBERT 7:30 p.m. Mr. Hinzman reviewed the request of Robert Dehn, Jr., to split a 2.5-acre portion of a 5.01-acre parcel at 159xx Tulip Street NW. The split would require a variance of 18 feet to the ISO-foot width for a building pad because of the location of the 50-foot pipeline easement which bisects the property from east to west. A home was recently built on the eastern portion of the parcel fronting 159th Avenue NW. Another home is planned for the western 2.5 acres which would front on Tulip Street. Buildability has been determined on the split parcel, as the building pad exceeds 22,500 square feet. The building pad would be 130 x 180 feet as opposed to 150 x 150 square feet required by ordinance. He noted the applicable ordinances and criteria to be examined. Staff is recommending approval with conditions. MOTION by Luedtke, Seconded by Gamache, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Squires) vote. 7:38 p.m. ( Dan Kociemba. 3430 159th Avenue NW - stated two years ago the streets in Pine Hills were blacktopped and 21 lots were assessed. Since then a house was built on this lot accessing 159th Avenue, so now there are 22 lots benefiting from the road that 21 lots paid for. They are not '~pposed to the lot split; but because of the new house, they do not feel ,the assessment is fair. Though he recognized it does not involve a lot of money, it is the p~inciple of it. Mr. Hinzman stated in talking with Engineering, when the project in Pine Hills was done, the intent was that this parcel would not be split and that a house would face Tulip. , , Bonnie Dehn - stated 159th was a temporary cul-de-sac until it was paved. They have owned this propert-y for a long time, which was purchased as a five-acre parcel facing Tulip Street. Robert Dehn. Jr. - stated they purchased the parcel years ago with the intent to construct a house on a five-acre lot. The house facing 159th Avenue was built for their daughter. When they were given the option of splitting the parcel, they chose to do so to construct a house for their other daughter. Both intend to spend their lives as residents of the community. Both Staff and the Commission acknowledged the issue regarding the street assessments, but they noted that does not affect the lot split and variance being requested. It is an issue that needs to be addressed by the City Council. MOTION by Barry, Seconded by Wells, to close the public hearing. Motion carried on a 6-Yes, l-Absent (Squires) vote. 7:47 p.m. _.~OTION by Apel, Seconded by Wells, to forward to the City Cou::lcil the Resolution granti::lg the lot split/variance request of Robert J. Dehn, Jr., as prepared by the Staff. Add a WHEREAS relating to the v3riance from the dimensions of the building pad. Add a WHEREAS that the hardship Regular Andover Plannng and Zoning Commission Meeting Minutes - March 11, 1997 Page 4 \ ) (Public Hearing: Lot split/Variance - 159xx Tulip - Dehn, Continued) was not of the owner's doing, that the hardship is the result of the pipeline easement going through the property. Motion carried on a 6- Yes, I-Absent (Squires) vote. This will be placed on the April 1, 1997. City Council agenda. 7:50 p.m. BLIC HEARING: SPECIAL USE PERMIT CONSTRUCT/ERECT TWO AREA IFICATION SIGNS FOR TIMBER RIVER ESTATES - 170XX ROANOKE STREET NW DLAND DEVELOPMENT COMPANY Mr. Johnson reviewed the request of Woodland Development install two area identification signs at the entrance of the subdivisi Timber River Estates at 170xx Roanoke Street NW. He noted the applica le ordinances and criteria to be reviewed. The signs along with the br~ k structures would be located 10 or more feet from the property line and will meet the site triangle requirements. Staff is recommending ap roval with conditions. ( Commissioner Luedt e had some concern with the setback from the road. Because the structu s are almost seven feet tall, he was concerned that they be set back fa enough so several cars could pull up to the intersection and stilI have a good line of sight. Mr. Carlberg also '';!xplained that at the ime the two area identification signs were , ,allowed for Hills of Bun er Lake on Hanson Boulevard, the ordinance allowed only one sign p r development. The decision for that development was the proposal 'as a gate sign, so it was called one sign. Since that time, the ordin ce has been amended to provide more flexibility in the number of igns allowed per development. This " proposal is the same theory as a ate sign, but it is being treated as two physical signs. Commissioner Wells felt massive and suggested they be used for shelters for children waiting or the school bus. With Roanoke being such a dangerous road, she had a r al concern with something this big unless it is used for waiting for the chool bus or an MTC stop. She asked if the county has seen this proposal. Mr. Carlberg explained the only portions being considered for the Spec'al Use Permit are the 32- square-foot portions for the signs on each st cture. The structure is not a part of the sign itself. The county doe n't involved itself in the sign review process. They only review things 'n their right of ways or plats. public hearing. :00 p.m, There MOTION by Wells, Seconded by Luedtke, to open th Motion carried on a 6-Yes, I-Absent (Squires) vote. was no public testimony, MOTION by Luedtke, Seci:mded by Wells, to close the jotion carried on a 6-Yes, l-Absent (Squires) vote. Chairperson Peek stated he will not be voting in favor of the request because he didn't vote in favor of the plat. Co:nmissioner Wells again expressed concern wi th the height and the massiveness of the sign unless CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE March 11, 1997 AGENDA ITEM 4. Public Hearing: LS 97-01 Variance 159xx Tulip Street NW Robert J. Dehn, Jr. ORIGINATING DEPARTMENT Planning "$wW' APPROVED FOR AGENDA BY: John Hinzman r;tv~' BY: Request The Planning and Zoning Commission is asked to review the lot split\variance request of Robert J. Dehn, Jr. to split a 2.5 acre portion of a 5.01 acre parcel. The split would require a variance of 18.0 feet to the 150 foot width for a building pad and is located at 159xx Tulip Street NW (pIN 17-32-24-42-0011), legally described on the attached resolution. The property is zoned for R-l, Single Family Rural. Applicable Ordinances " J Ordinance No. 40, regulates the division of lots. A lot split is defined as any division of a lot, parcel or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for a platted lot in the applicable zoning district. Section IV also gives the City Council the power to vary or modify the application of this ordinance provided such variance or modification is consistent with the letter and intent of the Comprehensive Plan. Ordinance 8, Section 5.04, establishes the variance procedure and process. Ordinance 10, Section 9.06.A.3 requires each lot to have 22,500 square feet of contiguous buildable land area with a minimum width of one-hundred fifty (150') feet and a minimum depth of one-hundred fifty (150') feet in areas located beyond the limits of municipal sewer and water service. Ordinance No. 10, Section 9.07.10, establishes the minimum area ofland dedicated to park and open space. For all subdivisions by metes and bounds description the subdivider or developer may elect to pay, in lieu of park dedication requirements, the sum of four hundred dollars ($400.00) for each dwelling unit that could be constructed upon the proposed subdivided property. In the event the developer elects to pay said four hundred dollar ($400.00) charge, the City may collect additional park fees if the developer re-subdivides the property in the future. \ J \, Page Two LS\V AR 97-01 Dehn 159xx Tulip StreetNW March 11, 1997 Background The applicant proposes to split a 5.01 acre parcel in half to create (2) 2.5 acre lots, with frontage on Tulip Street NW and 159th Avenue NW, respectively. A home has recently been built on the eastern portion of the parcel, fronting 159th Avenue NW, and another home is planned for the western 2.5 acres. A 50 foot easement bisects the property from east to west and is maintained by Northern Natural Gas Company. Determination Staff has determined that the location of the pipeline easement on the property precludes the property owner reasonable use of the property, creating an unnecessary hardship, not created by the property owner, and reason for granting a variance, as stipulated in Ordinance 8, Section 5.04. Commission Options '. ) 1. The Planning and Zoning Commission may recommend to the City Council approval of the lot split\variance requested by Robert J. Dehn, Jr. on property located at 159xx Tulip Street NW, legally described on the attached resolution The Commission fmds the request meets the requirements of Ordinances No.8 and 40. 2. The Planning and Zoning Commission may recommend to the City Council denial of the lot split\variance requested by Robert 1. Dehn, Jr. on property located at 159xx Tulip Street NW, legally described on the attached resolution. The Commission finds the request does not meet the requirements of Ordinances No.8 and 40. 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. Staff Recommendation Staff recommends approval of the lot split\variance as requested with the following conditions: '\ ) 1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Page Three / LS\V AR 97-01 Dehn 159xx Tulip Street NW March 11, 1997 2. That the applicant obtain all necessary building permits. 3. That the applicant pay all park dedication fees as defined in Ordinance No. 10, Section 9.07.10. Attachments A-I Resolution A-2 Area Location Map A-3 Site Plan A-4 Lot Split and Variance Applications A-5 Notice of Public Hearing " ) \ . r~ r- ~ / , ~ I -e:-=- I I ~J ---, - ~r I , ~ r r ~ i ./,~} ~. rl '_ I , / I I ! 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I ~~ ~, J " "" "i. ~ " .~ '" ~ ,/ .,J ~ ~lSCei~ :'020 L!C~~ . - ... ~~~l!i~ ~~j!;~::I ~oa:l!s ~;~ii:1:! .~~~~~ 1=~,: ... ~"'158j!; ei~~l!s ~!Ee~ ~f1!!:a:j 311:0~ .II:~~~ _020'- ~,~ ~a .,:w;a . ...!!t28 ~Les2 ~~ia C) 0 Sw ....iliO~ . z ose! ~~~~ ~~~~ ~o.~ \ / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Property Address LOT SPLIT I :)'q - - REQUEST FOlU'l IULIP ~/;JuJ I Legal Description of Property: (Fill in whichever is appropriate): Lot Addi tion 611&""$//"/'" PIN ]<1''3'22..1('4'2.. 0011 (If metes and bounds, attach the complete legal description). Abstract K or Torrens ? (This be provided and can be obta1ned from the Block Is the property: information must County) . ----------------------------------------------------------------- A J/o U5c Dkt+. BUIL~ ()&..) /'1 , 1,I/-rO ~ /}e/'~ ~AhLL- W l-nf ~ ;L LOT> e:,F 01;( ,qe.i2'iS- / S ?51 C; -1.5'7 (!< A/e:. H.:.-J. Reason for Request --r 0 <) PL.-I f ./-?- <7~ .;J., J>~ AlJjJ~>s '\ / Current zoning I! - I ----------------------------------------------------------------- Name of Applicant 7<D~-r J, UE.t1~ J!Z- Address /bLJ g~ fUL-.,o 7-r~.....J 4^"Da.l'~ tJ1.1J SS)c'-/ Home Phone :lS~- UOG::, Business Phone ~~:::~:::~~~~--~------~:~:_-~-~~~~~------ Property Owner (Fee Owner) ~IYJ" (If different from above) Address Home Phone Business Phone Signature Date \, ----------------------------------------------------------------- I LOT SPLIT \ PAGE 2 / Attach a scaled drawing of the proposed split of the property showing: scale and North arrow; dimensions of the property and structures; front, side and rear yard building setbacks; .adjacent street name~ocation and use of existing structures within 100 feet. \. .~-I-q ~ The date the property became a lot of record, the names and addresses of all property owners within 350 feet of the property proposed to be split, and the complete legal description of the subject property must also be provided. I hereby certify that this property has not been subdivided within the last three years. Lot Split Fee: $100.0:> Recording Fee Abstract property 25.00 Torrens property 40.00 .$ iJ5. ro @ .J Date Paid ;) b i I 'i 7 Receipt # c<,.~ G/l Park Dedication: Date Paid Receipt # Rev. 5-06-93:d'A 5-25-94:bh 2-01-95:bh 9-26-96:bh Res. 179-91 (11-05-91) .' \ J T^~' ; tr\,: "<;,". " ':~:E-,';~~~ CITY of ANDOVER VARIANCE REQUEST FORM Property Address / C:;-C; - - rJI-t P I Sf. Jv..J Legal Description of Property: (Fill in whichever is appropriate): Lot Block Addi Hon Plat Parcel PIN 72 17 ~ L '2.{~LO Cl I ( (If metes and bounds, attach the complete egal) ----------------------------------------------------------------- --rffE- I /3 '2 Description of Request V My r::.J2o~__ -;-4+- [U f tJiH I ~ () r)/ I S- U / 7f cJ/LO,-'(",.. /J~j) A-;'z~4 '/0 f X- /70 f ()F A ifJIOk . I Specific Hardship ~~ If L. LOu-J -r tf-E- /!L 4>J I ~h.D r:4SLt,v/E. [A) I .0t{..( . E~>~....~~ uoC> rUaT Ok'/' /..... Section of Ordinance /u, S?r:A. q.r)~ ,4.3 Current Zoning I ;:::-:;-~;;~~:::~--~~~~;:--:i~-~~~--~l-~----------- Address I~ ~Zs- -r~ '-II S-r-: r-JuJ AAJ C:ov0?-/ /AA..v ~~5'~c,I Home Phone ] S- - L 0 Phone <7 ~ .f:: Signature Date :;L- ~/-71 -------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date ----------------------------------------~------------------------ \ I \ ) 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 apublic hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, March 11, 1997 at the Oak View Middle School, 15400 Hanson Blvd. NW, Andover, Minnesota to review the Lot Split and Variance request of Robert J. Dehn, Jr. to split a 2.5 acre parcel from a 5.0 acre parcel and vary 18 feet from the minimum buildable area width requirement of 150 feet on property located at 159xx Tulip Street NW (PIN 17-32-24-42-0011) legally described as follows: , / That part of the west 660.00 feet of the South half of the North half of the Southeast Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota, according to the Government Survey thereof, lying south of the north 330.00 feet thereof. Subject to the right-of-way of Tulip Street NW. Subject to other valid easements. ,. All written and verbal comments will be received at that time and location. A copy of the application will be available for review prior to the meeting at Andover City Hall, 1685 Crosstown Blvd. NW. UwJ4 Victoria Volk, City Clerk Publication dates: February 28, 1997 March 7,1997 \ . j PIN: 173224310018 HERTIG JEFFERY A & MICHELLE 159"A TULIP ST NW . i AN. ,v'ER MN 55304 PIN: 173224310019 DA VIS RICHARD J & NANCY J 15944 TULIP ST NW ANDOVER MN 55304 PIN: 173224310020 ANDERSON LEONARD A & L L 15960 TULIP ST NW ANDOVER MN 55304 PIN: 173224310021 HOULE PAUL J & JEANNE R 15908 TULIP ST NW ANDOVER MN 55304 PIN: 173224310022 DAVIS ROBERT J & DONNA M 16010 TULIP ST NW ANDOVER MN 55304 PIN: 173224340001 STEFFES WILLIAM L & JANET C 15890 TULIP ST NW ANDOVER MN 55304 PIN: 173224340006 STEFFES WILLIAM L & J C 15890 TULIP ST NW ANDOVER MN 55304 PIN: 173224420001 DAVIS ANDREW J & TRACY L 16005 TULIP ST NW ANDOVER MN 55304 PIN: 173224420004 NORBERG JEFFREY D & KATHLEEN J 16010 QUAY ST NW ANT"'VER MN 55304 .~J PIN: 173224420008 BERG RICHARD E & DARLENE E 15891 QUAY STNW ANDOVER MN 55304 PIN: 173224420005 LARKIN JOEL M & WENDY R 3465 159TH AVE NW ANDOVER MN 55304 PIN: 173224420009 BLAKE PHll.LlP 15941 QUAY STNW ANDOVER MN 55304 PIN: 173224420011 DEHN ROBERT J JR & BONNIE L 16-185 TULIP ST NW ANOKA MN 55304 PIN: 173224420012 REYNOLDS MARGARET I 15951 TULIP ST NW ANDOVER MN 55304 PIN: 17322-1-130001 REYNOLDS ARTHUR R & STELLA 15835 TULIP ST NW ANDOVER MN 55304 PIN: 17322-1-130002 DURANT LAURI JEAN 15885 TULIP ST NW ANDOVER MN 55304 PIN: 17322-1-130006 REWEYROBERT A&PAlRICIAA 3-170 159TH AVE NW ANDOVER MN 5530-1 PIN: 173224430007 KOCffiMBADANffiL J& NANCY 3-130 159TH AVE NW ANDOVER MN 5530-1 \ I PIl'o.. _/322-1-130008 REYNOLDS ARTHUR R & STELLA 15835 TULIP STNW ANOKA MN 5530-1 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: April 1. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion ITEM NO. Special Use Permit Two (2) Area Identification Signs Timber River Estates 1 70XX Roanoke Street NW /(,. Request The City Council is asked to review and approve the Special Use Permit request of Woodland Development Company to erect two (2) area identification signs on the property described on the attached resolution. , J Background For background information in regards to this request, please consult the attached staff report and the minutes from the March 11, 1997, Planning and Zoning Commission meeting. The Planning and Zoning Commission recommends approval of said request with the conditions as listed on the resolution. \ , / / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT COMPANY TO ALLOW FOR THE INSTALLATION OF TWO (2) AREA IDENTIFICATION SIGNS PURSUANT TO ORDINANCE NO.8, SECTION 8.07(D)(2)(h) ON THE PROPERTY LOCATED AT 170XX ROANOKE STREET NW. WHEREAS, Woodland Development Company has requested a Special Use Permit to allow for the installation of two (2) area identification signs pursuant to Ordinance No.8, Section 8.07(D)(2)(h) on the property located at 170XX Roanoke Street 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 Parcel 15 as shown on the Anoka County Highway Right-of-Way Plat No.4. and, , I 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. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria for granting a Special Use Permit stipulated in Ordinance No.8; 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: \ J \ J Page Two Resolution 1. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2. The Special Use Permit shall be subject to annual review by staff. 3. The applicant execute a written agreement for the maintenance ofthe sign. 4. The placement of the sign complies with the site triangle requirements as stated in Ordinance No.8, Section 4.06 and is placed ten (10) or more feet from all property lines. Adopted by City Council of the City of Andover on this 1st day of April, 1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor Regular Andover Plannng and Zoning Commission Meeting Minutes - March 11, 1997 " Page 4 (Public Hearing: Lot split/Variance - 159xx Tulip - Dehn, Continued) was not of the owner's doing, that the hardship is the result of the pipeline easement going through the property. Motion carried on a 6- Yes, I-Absent (Squires) vote. This will be placed on the April 1, 1997. -"CO~~=€ity'''-€ounC'i:1:-'-agenda. --7 :-50- p. m. ;-~-- -,---,--.~= - ~~~'=,-'=-='.O'_--__==~' @ PUBLIC HEARING: SPECIAL USE PERMIT CONSTRUCT/ERECT TWO AREA IDENTIFICATION SIGNS FOR TIMBER RIVER ESTATES - 170XX ROANOKE STREET NW - WOODLAND DEVELOPMENT COMPANY 7:50 p.m. Mr. Johnson reviewed the request of Woodland Development Company to install two area identification signs at the entrance of the subdivision Timber River Estates at 170xx Roanoke Street NW. He noted the applicable ordinances and criteria to be reviewed. The signs along with the brick structures would be located 10 or more feet from the property lines and will meet the site triangle requirements. Staff is recommending approval with conditions. Commissioner Luedtke had some concern with the setback from the road. Because the structures are almost seven feet tall, he was concerned that they be set back far enough so several cars could pull up to the intersection and still have a good line of sight. Mr. Carlberg also ) explained that at the time the two area identification signs were allowed for Hills of Bunker Lake on Hanson Boulevard, the ordinance allowed only one sign per development. The decision for that development was the proposal was a gate sigr., so it was called one sign. Since that time, the ordinance has been amended to provide more flexibility in the number of signs allowed per development. This proposal is the same theory as a gate sign, but it is being treated as two physical signs. Commissioner Wells felt the structures are massive and suggested they be used for shelters for children waiting for the school bus. With Roanoke being such a dangerous road, she had a real concern with something this big unless it is used for waiting for the school bus or an MTC stop. She asked if the county has seen this proposal. Mr. Carlberg explained the only portions being considered for the Special Use Permit are the 32- square-foot portions for the signs on each structure. The structure is not a part of the sign itself. The county doesn't involved itself in the sign review process. They only review things in their right of ways or plats. MO'l'ION by Wells, SecondAd by Luedtke, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Squires) vote. 8:00 p.m. There was no public testimony MOTION by Luedtke, Seconded by Wells, to close the public hearing. \ Motion carried on a 6-Yes, l-Absent (Squires) vote. ) Chairperson Peek stated he will not be voting in favor of the request because he didn't vote in favor of the plat. Commissioner Wells again expressed concern with the height and the massiveness of the sign unless Regular Andover Plannng and Zoning Corrunission Meet.ing Minutes - March 11, 1997 ) Page 5 (Public Hearing: Special Use Permit - Area IV Signs - Timber River Estates, Continued) it is incorporated into a waiting area for the children. She didn't think school buses would run into the subdivision itself. -~~---"" ~~....,...-,..... i-"' MOTION by Barry, Seconded by Gamache, to forward to the City Council the Resolution as presented by Staff (approving the request). Motion carried on a 4-Yes, I-No (Pe~k), I-Abstain (Wells), I-Absent (Squires) vote. This will be placed on the April 1, 1997, City Council agenda. 8:04 p.m. VARIANCE - SETBACK FROM MAJOR ARTERIAL - 16455 VALLEY DRIVE - RICHARD SNYDER " Mr. Hinzman reviewed the request of Richard P. Snyder to vary 13.8 feet from the 100-foot minimum front yard setback in order to construct an addition onto a lawfully existing non-conforming structure at 16445 Valley Drive NW. He noted the applicable ordinances and explained the addition would be constructed on the southeast corner of the building and would not encroach further into the setback; however, the variance is t.O the entire building. There is no indication when the building was constructed; but it was there prior to 1969 so it predates the existing ) ordinance. It is a lawfully existing non-conforming building set back 96.2 feet from the center line of Valley Drive. This is a unique situation not created by the property owner, which is grOl.,nds for granting a variance. Staff is recommending approval with conditions. Mr. Hinzman also explained that Mr. Snyder was granted a Special Use Permit in 1994 to operate a small engine repair shop in that structure. Even with this addition, Mr. Snyder will still be under the 800-square- foot requirement for that Special Use Permit. This addition is closing in the back of the building. The new addition will have to meet present fire and building codes, but it will not be required that the rest of the building be upgraded. The building with the addition will be within the allowable size for an accessory building. Richard Snyder stated this has nothing to do with expanding the special use. The building in which he is operating his business presently has only one entrance. With this addition, he will have a second exit, which is a safety concern for him. The additional portion of the building will be used for agricultural purposes. Bonnie Dehn - stated the original building was built in 1968 as part of the farming operation. MOTION by Apel, Seconded by Wells, to recommend that the Planning and Zoning Commission forward to the City Council a Resolution granting the '\ varial".ce request of Richard Snyder as prepared by Staff. Adj ust the I Resolution to reflect that the variance is for the entire structure. Also add a sunset clause. Motion carried on a 6-Yes, I-Absent (Squires) vote. This will be on the April 1, 1997, City Council agenda. CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION March 11, 1997 DATE AGENDA ITEM 5. Public Hearing: S.U.P. Two (2) Area ID Signs Timber River Estates 170XX Roanoke Street NW ORIGINATING DEPARTMENT FOR BY: BY: REOUEST The Planning and Zoning Commission is asked to review the request of Woodland Development Company to install two (2}area identification signs at the entrance of the subdivision to be known as Timber River Estates on the property 10cated at 170XX Roanoke Street NW, legally described as follows: The South 5 rods of the North Half of the Northeast Quarter, Section 12, Township 32, Range 24, 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. APPLICABLE ORDINANCES Ordinance No.8. Section 5.03 - Special Uses Ordinance No.8, Section 5.03, regulates the Special Use Permit process and outlines the following criteria for review: 1) The proposed use and the effect on 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 is consistent with the Comprehensive Plan. / Page Two S.U.P. - Area Identification Sign Timber River Estates Woodland Development Company Ordinance No.8. Section 8.07.- Signs Ordinance No.8, Section 8.07 (D)(2)(h), allows area identification signs by Special Use Permit, provided: 1) The area for development is larger than five (5) acres. 2) One (I) sign per development. Additional signs shall be reviewed by the Andover Review Committee and the Planning and Zoning Commission and be approved by City Council. 3) The maximum square footage per sign is thirty-two (32) square feet in area. 4) The sign is located ten (I 0) or more feet from any property line. In reviewing a Special Use Permit request for any sign, the following criteria shall be considered: 1) No sign shall be permitted that constitutes a hazard to vehicular safety. 2) No sign shall be permitted that may tend to depreciate nearby property values, be detriment to scenic or pleasant views, or otherwise mar the landscape. GENERAL REVIEW The applicant proposes to construct two (2) area identification signs measuring 32 square feet each at the entrance of the proposed Timber River Estates subdivision. The signs along with the brick structures or pillars would be located ten (10) or more feet from property lines and shall meet the site triangle requirements as stated in Ordinance No.8, Section 4.06 - Permitted Encroachments. COMMISSION OPTIONS 1. . The Planning and Zoning Commission may recommend to the City Council approval of the two (2) area identification signs requested by Woodland Development Company for a subdivision to be known as Timber River Estates on the property described above. j Page Three Special Use Permit - Area Identification Sign Timber River Estates Woodland Development Company 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 two (2) area identification signs requested by Woodland Development Company for a subdivision to be known as Timber River Estates on the property as described above. 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 or the applicant. STAFF RECOMMENDATION The Andover Review Committee has reviewed the request and along with staff recommends approval of the two (2) area identification signs with the following conditions: 1) The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2) The Special Use Permit shall be subject to annual review by staff. 3) The applicant execute a written agreement for the maintenance of the sign. 4) The placement of the sign complies with the site triangle requirements as stated in Ordinance No.8, Section 4.06 - Permitted Emoachments and is placed ten (10) feet or more from all property lines. ',~ J , / . . ZONING R-2 ~i ~ N w REGISTERED _ _ ~!VP. _$.lIJr(E:: No. 69--' R-1 .' , I t-- - I, -... I, "'\\ \ 1 ....._--~ '-;. \ .~. \ 'I I 1'....." '. \ ,i......../ ",,...1 I i- Lot-Z, Q11_ ",:1 1 Lot 1. il11 " ,.!J - - - 1 : 43.613 aqJt.S"'" , 43.612aq.ft. '.&1 1 Lot 3. 811 ,NI I.;, 1.00 acres ~I I ,'.00 acres I N[ 43,612 aq.ft; '" ---hOO o~ I I ,'" 1 I I' I I I ,: I 1/ I i- _ I ., I 1\ I I ~tDock line I, I I I \ 1 \' -:-:- - -::r \' - - --, , '. .-J. L " L _ 350.0 ~ L .J5O.0 _.-J L ./ ~70TH --............._~~ S9~1I'. I "'--, 1 \ ~, ~ - -r -:-~.40'22.E -...:-_ ._..::....., - - - - -'iQ;:Z- - - r ~-\- -~- T g \ / /' "-, . ....." . 96' r~ -, r - 'i!50.0 -.f r -150.0 -,' ...:::J L_L--l'.L----- L- , I setbqCK line I '" I I I " x 896,S 1\ I ' I: I I I . I V I x ,. I , I /1 I ! 895.0 1 \1 I I ./ ",:1 -:1 1t- ------......101 II / ~I ~I I ..~ I N NI I N 'h ~':> 156 ft. I I Lot 7. 612 I: ,~. sq. ~ 366 sq.ft. I' 1.01 ~~ .1 X,"; , 1a94 '02 I, , 'I ' ,'~ I k '. OCT'e. ) 1-_--t\..-~---1~ , x I I 0"893.9 .1 ~96,3 i I. : L 1~%,-6 -.J L 150.0 _.-,,"'1 'L"'-"-tSOO'--'--V"l' _____ ___-oJ . _:....J..- 150.0 .... ...' " , _r-----' LAt.'5. 57::564\.q. ft. 1.32 .eres t/ - :..-j ____ .:.. I l___J, l:lU.U '{ Iq I; , I ~ .1 ! '~ ~ ; I r d ; Y /1 ~~ .... ,"'" C ,,. +- '. . j E 2 :;; ~ 'i r r - c g i ~ _ i , I . .. / /---~~~~..,-~~ n : F' .__~ ~ 12:3225310025"" \ RIISSELJ. IRWIN E'''' UN~A II ,,~- '68:>0 ~ON STREET NW ANOOVER. loiN 55304 . -'1- 0ESXml BY: KMK SCALE HORIZ. 1" = 100' \{RT. 00AYftI BY: KMK/RKM MOOD Irl': CRC BOOK PAGE , i ' I..,........ I ilL... - , , ~ I Hakanson . -.1 Anderson ; Assoc.,lnc. Englllft'rs, SurveyOl"s L LondSCo.pe Archltects 3601 Thurston Ave. AnoI<o.. Mlmesoto. 55303 612-427-5860 FAX 612-427-0520 103 Pine St. N.. MontICello. Hlnnesoto. 55362 612-295-5800 FAX 612-295-4488 Prelimary for WOODLAND DEVEL 2/20/97 _n.. .' . I ~ DATE --dInI- j-- " j . , . .' \, \' ;.. ~ ::ii" ,,~ _I ''/ "~ "'> -.l,. ' " ~ ~ -:A--/-c " ,," ^- ";:J'r -' /, , \! " ",~"", "'" ' "" ---.. . , 'do ~," r.. . , i ii, ....,:, . I \ -::. \' \,,~l .............-. '\l ., ....... -'. ~/ / ,<, ::-; 'Jt '\ ~I h/ ......... , " \ -- - g' 4 I'i. to I-=- 32 S'.~. AR~ ,.1). )( L s! ~tJ S ; , ' ",/ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (812) 755-5100 SPECIAL USE PERMIT Property Address ~lo X. 'i.. iolt1JfJl-S Sf J-,)- W Legal Description of Property: (Fill in whichever is approp;iate): Lot Block Addition PIN .J ~-??-I-<-ILf - 000 I (If metes and bounds, attach the complete legal description. ) Is the property: Abstract or Torrens ~ ? (This information must be provideQ and can be obtaine from the County. ) ----------------------------------------------------------------- Reason for Request Af:&fr.---1JYuJ II ;.., LAf1()N 6 { b AJ Section of Ordinance 'MD. ~ I ~cf. (j.(() Current zoning ,(":"1 ----------------------------------------------------------------- Name of Applicant Wm>~ ~ Address q-:;V W - MA1. tV 4>~ I ~-€A. Pl't0 ;~;~:;;:~~~-~-~-~~:::::_:::::~:;~~;~:_~-~--- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date ----------------------------------------------------------------- SPECIAL USE PERMIT 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 10cation 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 Date Paid 2 h5 1~1 O?/lf., 1) ~ SIOJ Receipt # o3i'1.']> - I.EUP]lNl 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. 4. The effect of the proposed use on the Comprehensive Plan. " 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 soon thereafter can be heard, on Tuesday, March 11, 1997at the Oak View Middle School, .15400 Hanson Boulevard NW to review the _ Special Use Permit request of Woodland Development Corporation to allow for the erection of two (2) area identification signs as defmed in Ordinance No.8, Section 8.07 located at 170XX. Roanoke Street NW, legally described as follows: The South 5 rods of the North Half of the Northeast Quarter, Section 12, Township32, . . Range 25, AnokaCounty, 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, AnokaCounty,-: -- Minnesota. . All written and verbal comments will be received at that time and location. A copy of the application will be available at the Andover City Hall for review prior to said meeting. ~Vd Victoria V olk, City Clerk . Publication Dates: February 28,1997 and March 7,1997 ANOKA COUNTY G.I.S. 10/23/96 2100 3RD AVENUE ANOKA, MN 55303 OFFICE: 612/422-7508 FAX: 612/422-7507 " .' VOSS WALTER W & SALLY 5401173RD AVE NW ANOKA MN 55303 SCHMELZER DELMAR L & LA 17300 ROANOKE ST NW ANDOVER MN 55304 SCHMELZER DELMAR L & AGNES 17300 ROANOKE ST NW ANDOVER MN 55304 SIEGEL FREDERICK H 17185 ROANOKE ST NW ANDOVER MN 55304 WEGNER JOHN R & KRAUS J J 17125 ROANOKE ST NW ANDOVER MN 55304 ANOKA IND GRAIN & FEED INC 2315 2ND AVE N ANOKA MN 55303 ANOKA IND GRAIN & FEED INC 2315 SECOND AVE N ANOKA MN ~~3 RAMSEY CITY OF 15153 NOWTHEN BLVD ANOKA MN 55303 TSM DEVELOPMENT INC 2516 4TH AVE N ANOKA MN 55303 MCCAULEY GLADYS L 1710 3RD AVE S ANOKA MN 55303 TSM DEVELOPMENT INC 2516 4TH AVE N ANOKA MN 55303 PFANNSCHMIDT G L & BENDIX LA 1710 3RD AVE S ANOKA MN 55303 PFANNSCHMIDT G L & BENDIX LA 1710 3RD AVE S ANOKA MN 55303 PFANNSCHMIDT G L & BENDIX LA 1710 3RD AVE S ANOKA MN 55303 WIRZ'S NURSERY INC 17201 ST FRANCIS BLVD NW RAMSEY MN 55303 NELSON NORWOOD G & MURIEL B 5410 173RD AVE NW ANOKA MN 55303 ONGIE ARLEN N & CHERYL A 5420 173RD AVE NW RAMSEY MN 55303 .... / PIN: 013225330010 PIN: 013225340001 PIN: 013225430001 PIN: 073224220006 PIN: 073224220007 PIN: 073224230002 PIN: 073224320001 PIN: 113225140013 PIN: 123225110001 PIN: 123225110005 PIN: 123225120001 PIN: 123225130001 PIN: 123225140001 PIN: 123225210001 PIN: 123225220001 PIN: 123225220003 PIN: 123225220004 . ANOKA COUNTY G.I.S. \ 2100 3RD AVENUE ANOKA, MN 55303 / ... PIN: 123225220005 PIN: 123225220006 PIN: 123225220008 PIN: 123225220009 PIN: 123225230001 PIN: 123225230002 PIN: 123225230003 PIN: 123225230004 ~IN:123225230005 / / PIN: 123225230006 PIN: 123225230006 PIN: 123225240001 PIN: 123225310006 PIN: 123225310017 PIN: 123225310020 PIN: 123225310023 .' PIN: 123225310024 ) ./ 2 10/23/96 OFFICE: 612/422-7508 FAX: 612/422-7507 WEBER JAMES J JR & DIANE M 5450 173RD AVE NW RAMSEY MN 55303 KREYER GARY R & JUDITH G 5510 173RD AVE NW ANOKA MN 55303 BOEHLAND LYNN C & JOY L 17211 GERMANIUM ST NW ANOKA MN 55303 RAMSEY CITY OF 15153 NOwrHEN 80 NW ANOKA MN 55303 GRAY J MERLE TRUSTEE 5550 170TH LN NW RAMSEY MN 55303 WELLE DUANE P & CHARLOTTE A 17021 HELIUM ST NW ANOKA MN 55303 aUAAL RICHARD C JR & KELLY 17001 HELIUM ST NW RAMSEY MN 55303 CARLSON KENNETH A & VICKI L 16941 HELIUM ST NW RAMSEY MN 55303 DURAND W R & GROEBNER P M 16931 HELIUM ST NW RAMSEY MN 55303 RALPH DANNY M & CHERYLE A 16911 HELIUM ST NW RAMSEY MN 55303 RALPH DANNY M & CHERYLE A 16911 HELIUM ST NW RAMSEY MN 55303 PFANNSCHMIDT G L & BENDIX LA 1710 3RD AVE S ANOKA MN 55303 WILSON EDWARD E & JOYCE M 16831 ARGON ST NW ANDOVER MN 55304 RUSSELL CLYDE A & MARY A 16518 ROANOKE ST NW ANDOVER MN 55304 RUSSELL GRADY IRWIN 16850 ARGON ST NW ANDOVER MN 55304 RUSSELL CLYDE A & MARY A 16518 ROANOKE ST NW ANDOVER MN 55304 RUSSELL CLYDE A & MARY A 16518 ROANOKE ST NW ANDOVER MN 55304 . ANOKA COUNTY G.I.S. 10/23/96 2100 3RD AVENUE ANOKA, MN 55303 OFFICE: 612/422-7508 FAX: 612/422-7507 / PIN: 123225310025 RUSSELL IRWIN E & LINDA M 16850 ARGON ST NW ANDOVER MN 55304 WAY JAMES F & LORI A 6270 163RD LANE NW RAMSEY MN 55303 RICHARDS LOREN & SALLY L 16841 HELIUM ST NW RAMSEY MN 55303 ANDERSON THOMAS W & P E 16831 HELIUM ST NW MO~ MN ~~3 DALY FRANCIS E & VIVIAN L 16860 ROANOKE ST NW MDOVER MN 55304 DALY FRANCIS E & VIVIAN L 16860 ROANOKE ST NW ANDOVER MN 55304 \ / PIN: 123225320001 PIN: 123225320002 PIN: 123225320003 PIN: 123225410001 PIN: 123225420001 / '- ,~ , " 3 \ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: April 1. 1997 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning John Hinzman, 5ww.. City Planner ITEM NO. Variance 97-01 16445 Valley Drive NW Richard P. Snyder 11. Request The City Council is asked to review the variance request of Richard P. Snyder. to vary 13.8 feet from the 110 foot minimum front yard setback in order construct an addition onto a lawfully existing non-conforming structure at 16445 Valley Drive NW. Planning and Zoning Commission Action The Planning and Zoning Commission recommended approval of the lot split and variance at the March 11, 1997 meeting. Please consult the attached staff report and minutes from the meeting for more information. \ / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 97 A RESOLUTION GRANTING THE VARIANCE REQUEST RICHARD P. SNYDER TO DEVIATE 13.8 FEET FROM THE MINIMUM FRONT YARD SETBACK FROM A MAJOR ARTERIAL AND COUNTY ROAD OF 110 FEET PURSUANT TO ORDINANCE NO.8, SECTION 6.02 (PIN 17-32-24-22-0006). WHEREAS, Richard P. Snyder has requested a variance to deviate 13.8 feet from the minimum front yard setback from a major arterial and County road of 110 feet for the purpose of constructing an addition onto a legally non-conforming structure pursuant to Ordinance No.8, Section 6.02, located at 16445 Valley Drive NW, legally described as follows: j That part of the Northwest Quarter of the Northwest Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Northwest Corner of said Quarter Quarter, thence South 89 degrees 45 minutes 51 seconds East along North line of said Quarter Quarter 439.84 feet to centerline of said County Road 58 (AKA Valley Drive NW), thence southerly along said centerline 646.14 feet to the point of beginning, thence South 81 degrees 46 minutes 09 seconds East 340.88 feet, thence South 89 degrees 45 minutes 51 seconds East 247.86 feet, thence North 00 degrees 14 minutes 09 seconds East 392.27 feet to South line of the North 300 feet of said Quarter Quarter, thence West along said South line to said centerline, thence southerly along said centerline to point of beginning; except road; subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria for granting a variance stipulated in Ordinance No.8, Section 5.04. 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, the Planning and Zoning Commission recommends to the City Council approval of the variance. , J \ . / , ) Page Two Variance - Richard P. Snyder 16445 Valley Drive NW April 1, 1997 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 variance on said property with the following conditions: 1. That the applicant obtain all applicable building permits prior to construction of the addition. 2. That the lot split be subject to a sunset clause as defined in Ordinance No.8, Section 5.04(g). 3. That the variance be applicable to all portions of the structure. Adopted by the City Council of the City of Andover on this.ls1 day of A12ril, 1997. CITY OF ANDOVER ATTEST: lE. McKelvey, Mayor Victoria Volk, City Clerk ) ( Regular Andover Plannng and Zoning Commission Meeting Minutes - March 11, 1997 Page 5 \ ) (Public Hearing: Special Use Penni t - Area ID Signs - Timber River Estates, Continued) it is incorporated into a waiting area for the children. She didn't think school buses would run into the subdivision itself. MOTION by Barry, Seconded by Gamache, to forward to the City Council the Resolution as presented by Staff (approving the request). Motion carried on a 4-Yes, I-No (Peek), 1-Abstain (Wells), I-Absent (Squires} vote. This will be placed on the April 1, 1997, City Council agenda. 8:04 p.m. VARIANCE - SETBACK FROM MAJOR ARTERIAL - 16455 VALLEY DRIVE - RICHARD SNYDER ( Mr. Hinzman reviewed the request of Richard P. Snyder to vary 13.8 feet from the 100-foot minimum front yard setback in order to construct an addition onto a lawfully existing non-conforming structure at 16445 Valley Drive NW. He noted the applicable ordinances and explained the addition would be constructed on the southeast corner of the building and would not encroach further into the setback; however, the variance is to the entire building. There is no indication when the building was constructed; but it wast:.here prior to 1969 so.it predates the existing Jrdinance. It is a lawfully existing non-conforming building set back -96.2 feet from the center line of Valley Drive. This is a unique situation not created by the property owner, which is grounds for granting a variance. Staff is recommending approval with conditions. , , Mr. Hinzman also explained that Mr. Snyder was granted a Special Use Permit in 1994 to operate a small engine repair shop in that structure. Even with this addition, Mr. Snyder will still be under the 800-square- foot requirement for that Special Use Permit. This addition is closing in the back of the building. The new addition will have to meet present fire and building codes, but it will not be required that the rest of the building be upgraded. The building with the addition will be within the allowable size for an accessory building. Richard Snvder - stated this has nothing to do with expanding the special use. The building in which he ~s operating his business presently has only one entrance. With this addition, he will have a second exit, which is a safety concern for him. The additional portion of the building will be used for agricultural purposes. Bonnie Dehn - stated the original building was built in 1968 as part of the farming operation. MOTION by Apel, Seccnded by Wells, to recommend that the Planning and Zoning Commission forwa~d co the City Council a Resoluti.~n granting the Yaria~ce request of Richard Snyder as prepared by Staff. Adjust the \ ~esolution to reflect that the variance is for the entire struccure. Also add a sunset clause. Motion carried on a 6-Yes, l-IJbsent (Squires) vote. This will be on the April 1, 1997, City Council agenda. CITY OF ANDOVER REQUEST F,OR PLANNING COMMISSION ACTION BY: DATE March 11, 1997 DEPARTMENT Planning ~ till ...r John Hinzman I""':~.-' APPROVED FOR AGENDA AGENDA ITEM 6. Variance 97-10, Ord. 8, Sect 6.02 Front Yard Setback 16445 Valley Drive NW 1>;~J..~~rl P ORIGINATING BY: . Request The City Council is asked to review the variance request of Richard P. Snyder to vary 13.8 feet from the 110 foot minimum front yard setback in order construct an addition onto a lawfully existing non-conforming structure at 16445 Valley Drive NW (PIN 17- 32-24-22-0006), legally described on the attached resolution. The property is zoned for R-l, Single Family Rural. , Applicable Ordinances / Ordinance No.8, Section 6.02, establishes a minimum front yard setback of 50 feet from a major arterial in a R-l zoning district. The Anoka County Highway Department requires a 60 foot right of way from the centerline of all County roads. Therefore a 110 foot setback from the centerline is required when the 50 foot setback requirement for a major arterial is added to the County requirement of 60 feet. Ordinance No.8, Section 5.04, establishes the variance procedure and process. Practical difficulties or unnecessary hardships pertaining to the land, exclusive of the property owner, must be present in granting a variance. Background The applicant is requesting a variance in order to construct an addition onto an existing structure, 96.2 feet from the center line of Valley Drive NW. The proposed addition would be constructed on the southeast corner of the building and not encroach further into the required setback of 110 feet. \ J . / Page Two Variance - Richard P. Snyder 16445 Valley Drive NW March 11, 1997 Determination The existing structure is a lawfully existing non-conforming use, predating the adoption of Ordinance 8 requirements for minimum setback. The proposed expansion would not encroach further into the front yard setback. These circumstances present a unique situation, not created by the property owner and grounds for granting a variance. Planning Commission Options 1. The Planning Commission may approve the variance request of Richard P. Snyder on property located at 16445 Valley Drive NW, legally described on the attached resolution. The Commission finds the request meets the requirements for granting a variance stipulated in Ordinance No.8, Section 5.04. 2. The Planning Commission may deny the variance request of Richard P. Snyder on property located at 16445 Valley Drive NW, legally described on the attached resolution. The Commission fmds the request does not meet the requirements for granting a variance / stipulated in Ordinance No.8, Section 5.04. In denying the request, the Planning Commission shall state those reasons for doing so. 3. The Planning Commission may table the item pending review by the Planning and Zoning Commission or further information from Staff. Staff Recommendation Staff recommends approval of the variance requested with the following condition: 1. That the applicant obtain all applicable building permits prior to construction of the addition. Attachments A-I Resolution A-2 Area Location Map A-3 Site Location Map A-4 Copy of Variance Application \ / i -I I / \ , ) ~ , I I I I I - .. ... 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Legal Description of Property: (Fill in whichever is appropriate): Block Addi tion Lot Plat Parcel PIN {]- S;).-;)4-;);;)-co:::b (If metes and bounds, attach the complete legal) ----------------------------------------------------------------- Description of Request A f} D 1.[ ~ '3 0 TO . tY./.~TI^-l? f}u7[J(,(1I011JC- FoR 1~ C[,,~ [)u,ry l5i?f'{rCl;'Yl +he.- 110\ sel-bOc/c(/t7mC??M/eJ//Je {-ruM Ci M.o;o/ Q/fe/lq{ / CO~/J"r Qad Specific Hardship OuT OC"J..f) /1"/;;' 7(Jtj t: Lof,e TO (futJ,.O .4dd,+(oY) OYl-fo le:?d~y l'1on-(t?AOrm/~ S-I-ruc-b/e ,. Mf el7clOac)1/~ f-u r+ her /1\. -to fhe- /e'i MJ -,ed re-!-l::ack Section of Ordinance <3 5ed.0.0~ Current zoning f2-1 ----------------------------------------------------------------- Name of Applicant '" C 1-1 ,4 R 0 P. Address 1 0 qll ~ M,W \J ! /...Lf V Home phone Lf 2 1 - 71 q ~ Business Signature ~U;.,fJ LyI~ 5)J~PE(( Df( Phone /' Date 1- [I ;:e/J 91 Property Owner (Fee Owner) (If different from above) 7>/ 11 e Address Home Phone Business Phone Signature. Date .' ----------------------------------------------------------------- , ) / AGENDA N:l. ITEM N:l. /8. I MOTION BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACrION DATE April 1, 1997 Non-Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA SECTlON Fire Department Approval to Purchase One 1997 One-Ton, Dual-Wheel Chassis Dan Winkel, ]) W. BY: Fire Chief The City Council is requested to approve the purchase of one new 1997 diesel engine, one-ton, dual wheel, four-wheel drive (chassis only) pick-up truck. Bids were received on Tuesday, March 25, 1997. Please note that a fiberglass body will be added to the chassis. This vehicle is a 1997 budget item as a rescue truck replacement. There is a total of $40,000 in the budget for this vehicle and equipment. The following bids were received: Falls Automotive Inc. Iten Chevrolet Falls Automotive Inc. Buffalo Chrysler Elk River Ford McKay's Fleet Sales Tousley Ford Superior Ford 1997 GMC K3500 Chassis 1997 Chevrolet One-Ton Chassis 1997 Dodge Ram 3500 1997 Dodge Ram 3500 1997 Ford One Ton 1997 Ford F350 1997 Ford F350 1997 Ford F350 $23,943.00 $23,960.50 $25,512.00 $25,530.00 $25,617.00 $25,899.00 $26,431.00 $26,782.00 Staff is recommending that the bid from Falls Automotive Inc. be approved for one 1997 GMC, K3500 (chassis only) pick-up truck. SECOND BY: ---.. -.j / AGENDA N:l ITEM N:l /1. J J MonON BY: CITY OF ANDOVER REQUEST FOR COUNCIL AcrrON DATE April 1, 1997 SEcnON ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Item Fire Department Approval to Purchase One Fiberglass Body for Fire Department Rescue Vehicle Dan Winkel, j). tt.J. BY: Fire Chief The City Council is requested to approve the purchase of one Fibre Body, Model FB84DLP fiberglass body to be mounted on a 1997 pick-up truck chassis. This body is a part of the 1997 budgeted rescue truck replacement. Bids were received on Tuesday, March 25, 1997. The following companies submitted bids for this item:. ABM Equipment and Supply Inc. Truck Utilities Crysteel L.Z Truck Equipment Co. $ 7,571.00 $ 8,036.00 $ 9,695.00 $13,017.00 Staff is recommending the bid from ABM Equipment and Supply Inc. be approved for the purchase of this fiberglass body, including installation. Please note that staff is also recommending two optional items to be included to this bid. The first is a full-width transverse drawer to be mounted in the front transverse compartment for a cost of $312. The second item relates to the installation of red warning lights on the sides and rear of the fiberglass body. The e~timated cost for this is $500. As a final note, the new rescue vehicle will also need additional miscellaneous equipment added. The equipment includes a light bar, siren, radio, and grill-mounted warning lights. The cost for all of these items installed will be approximately $3,700. Lettering and stripping will be an additional $850. The total cost for the rescue vehicle all complete will be approximately $37,000. SECOND BY: -- ,j I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ , / DATE: April 1. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion ~ ITEM NO. Approve Ordinance Summary Ordinance No. 207 Regulating the Keeping of Equines dO. Request The City Council is asked to review and approve the attached ordinance summary of Ordinance No. 207 - Regulating the Keeping of Equines. The City Council approved this ordinance at the March 18, 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. \ , J \ , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 207 SUMMARY AN ORDINANCE REGULATING THE KEEPING OF EQUINES WITHIN THE CITY OF ANDOVER. 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. Policy The City finds it necessary to adopt an ordinance that regulates the keeping of equines in , / residential zoned districts in the City of Andover. The City also finds it necessary to require a permit for all property owners who have equines on parcels of land less than five (5) acres. This permit is necessary to assure compliance with the requirements ofthe ordinance relating to acreage, fencing and corral, shelter, yard and manure management. By authorizing the establishment of an Equestrian Council, this advisory board will investigate equine complaints and ensure the proper handling and care of equines. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. 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 ofthis ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor ofthe 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 of the City Clerk and at the Andover Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this 1st day of April, 1997. ATTEST: CITY OF ANDOVER / Victoria V olk, City Clerk J. E. McKelvey, Mayor / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ DATE: April1 1997 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT ITEM NO. Approve Plans & Specs/96-26/Section 22 (Woodland Estates)fTrunk SS & WM r!/:) I. Scott Erickson,~ Engineering The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for Project 96-26, Section 22 (Woodland Estates) for trunk sanitary sewer and watermain construction. Specifications are available in the Engineering Department for review. / / CITY OF ANDOVER COUNTY OF ANOKA , \ STATE OF MINNESOTA ~ / RES. NO. MOTION by Council member to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 96-26 ,IN THE AREA OF SECTION 22 (WOODLAND ESTATES) FOR TRUNK SANITARY SEWER & WATERMAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 290-96 ,adopted by the City Council on the 17th day of December, 19~, TKDA has prepared final plans and specifications for Project 96-26 for trunk sanitary sewer and watermain construction.' WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 st day of April ,19--9L. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. J BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM . Wednesday. April 30 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this ~ day of April , 19 97 , with Councilmembers favor of the resolution, and Councilmembers said resolution was declared passed. voting in voting against, whereupon CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor / Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 1. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ~ ITEM NO. Accept Feasibility Report/97-18/952 - 140th Lane NW dJ.. The City Council is requested to approve the resolution accepting feasibility study, waiving public hearing and ordering improvement for Project 97-18 for sanitary sewer at 952 - 140th Lane NW. Feasibility Report The proposed assessment is based on 1997 rates and they are as follows: Sanitary Sewer Area Charge 0.28 Acres x $1065 per acre = Connection Charge = Lateral Charge 80 ft. x $24 = FF TOTAL $298.20 $290.00 $1.920.00 $2,508.20 The proposed assessment for sanitary sewer is $2,508.20. The existing parcel currently is large enough to subdivide in the future. The existing home is proposed to be assessed based on a 80 ft. standard lot width/unit, 150 ft. average lot depth, which was identified in Project 94-3. Note: There will be future assessments for utilities if the property is subdivided. The property owner has waived his rights to a public hearing. \ '. ) 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. 97-18 FOR SANITARY SEWER IN THE FOllOWING AREA 952 - 140TH LANE NW WHEREAS, the City Council did on the 18th day of March, 19 97 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 1 st day of April ,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 $ , / 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 $ , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a--5. year period. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this ~ day of April ,19---9L, with Council members in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor .. , / Victoria Volk - City Clerk N.w.COlfNDr SEe.S '. f9J ., f .~r \ .-'....: ~ (.~ :" ..! .~ e i . ~1/4 COIlNER SCC.~~ @ @ NI/2 @ r.; (z) I f<) II) fll'1'l~L..;+l~;,. (~ .~." , , '\ ). ......-- ..t. :....: ~ .... --~--- ..-- --. -~ .' !. OJ LAKE @ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: ADrif1. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. Approve Resolution/No Parking/Woodland Estates d.3 . The City Council is requested to approve the resolution approving no parking for the following locations located in Woodland Estates. 1. 149th Avenue NW between Uplander Street NW and Crosstown Boulevard NW (Co. Rd. No. 18). 2. Uplander Street NW between 149th Avenue NWand 151st Avenue NW. 3. 150th Avenue NW between Verdin Street NW and Uplander Street NW. The bikeway routes were approved at the City Council meeting of February 4, 1997. \ . / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DESIGNATING NO PARKING ON CERTAIN STREETS LOCATED IN WOODLAND ESTATES DEVELOPMENT. WHEREAS, the City Council approved the bikeway route at their February 4, 1997 regular meeting. WHEREAS, the City Council believes restricting the parking will provide a safe route for bicycles which is recommended by AASHTO. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover that there be no parking located on the following streets: 1. 149th Avenue NW between Uplander Street NW and Crosstown Boulevard NW (Co. Rd. No. 18). 2. Uplander Street NW between 149th Avenue NWand 151st Avenue NW. 3. 150th Avenue NW between Verdin Street NWand Uplander Street NW. / Adopted by the City Council of the City of Andover this ~ day of April, 1 9 ----9L. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk . J I t.i I 2S 1,1 ~ Iii! ~ :::II IJ II'; c.. 0 1. ,.J 5 I . Q f !, ..I lill ili; /"'\ c 0: .0 01 , ~ :; t ~~ 0 ~~ O~ C/) t!: 4 ~ ~~ ~ < ~~ ~ ')~ C/) tII~ ~ ( \0 ~~. , )Z ~q, ~~ j ~ a{ 0 IU~ 0 0 "'let ~ al!~ <) CJC. Q.. ...... ~ a:: ~ !-- d ~ .... ~ .... -.. (l) !-- Q, , ) ~ ~ ~... 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CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " DATE: April 1. 1997 AGENDA SECTION Non-Discussion/Consent Item ITEM NO. Approve Hiring of Engineering Tech 4 071./. ORIGINATING DEPARTMENT Scott Erickson,d~ Engineering The City Council is requested to approve hiring of AI Koester for the position of Engineering Tech 4 for the City. The following information is a summary of the hiring procedure used for selection of the individual we are recommending for this position. 1. The position was posted at City Hall and Public Works to see if anyone internally wanted to apply for the position. 2. The position was advertised for two weeks in the Minneapolis Star Tribune Sunday paper and Anoka Union. / 3. All applications were reviewed (30 applications were received) and 6 applicants were chosen to interview. 4. The six applicants were required to take a test designed to test their knowledge of fundamental inspection and AutoCad practices. 5. Upon completion of the test, the applicants were interviewed by City Engineer Scott Erickson, Asst. City Engineer Todd Haas, Civil Engineer 1 Dave Berkowitz and Finance Director Jean McGann.. 6. When the interview process was completed, the interviewers reviewed the test results and discussed all applicants and recommended hiring AI Koester. Mr. Koester has the qualifications we are looking for and will be an excellent individual for this position. Starting salary is $31,995.00, which is the 1st step on the City's Step Program. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 1 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, ~t Engineering ITEM NO. Approve Hiring of Summer Forestry Intern & Engineering Intern d$. The City Council is requested to approve the hiring of Jason Law as Engineering Intern and Mark Rehder as Forestry Intern for the 1997 construction season. Both internships are 6 month positions. These are funded positions and will not increase the 1997 City budget. '- / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 1 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT 1 Scott Erickson.Q\"'" Engineering ITEM NO. Award Bid/97-3/Crack Sealing 01'. The City Council is requested to approve the resolution accepting bids and awarding contract to Daffinson Asphalt Maintenance in the amount of $126,673.20 for the improvement of Project 97-3 for crack sealing. The bids received are as follows: Contractor Daffinson Asphalt Maintenance Northwest Asphalt Maintenance. Inc. Astech Bergman Companies, Inc. Tenson Construction Inc. Bid Amount $126,673.20 $127,672.20 $137,162.70 $162,437.40 $195,804.00 The funding for this project is from the Seal CoaUCrack Seal Fund and the In-House MSA Fund. \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-3 FOR CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 042-97 , dated March 4 1997, bids were received, opened and tabulated according to law with results as follows: Daffinson Asphalt Maintenance Northwest Asphalt Maintenance, Inc. Astech $126,673.20 $127,672.20 $137,162.70 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Daffinson Asphalt Maintenance as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Daffinson Asphalt Maintenance in the amount of $126.673.20 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this ~ day of April , 19~, with Council members the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in favor of voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor / Victoria Volk - City Clerk '\ 0 0 0 0 ) '<:/; " N 0 " N M .,f M CD " 0 'Ot~ .... 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U - e e. ._ e o C'lI Gl en :t:: Gl U C'lI C'lI e Gl U O~ lJJ.5 <( <(~.5c~~ 1-.5 @ @) e @ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , -~ DATE: April 1. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson~t Engineering ITEM NO. Award Bid/97 -4/Seal Coating ~1. The City Council is requested to approve the resolution accepting bids and awarding contract to Astech in the amount of $226,394.25 for the improvement of Project 97-4 for seal coating. The bids received are as follows: Contractor Bid Amount , Astech Allied Blacktop / $226,394.25 $230,808.90 The funding for this project is from the Seal Coat/Crack Seal Fund and the In-House MSA Fund. / \ J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-4 FOR SEAL COATING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 043-97 , dated March 4 . 1997, bids were received, opened and tabulated according to law with results as follows: Astech Allied Blacktop $226,394.25 $230,808.90 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Astech as being the apparent low bidder. , / BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Astech in the amount of $226 394.25 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this ~ day of April , 19...9L, with Councilmembers the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in favor of voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor , / Victoria Volk - City Clerk \ \ ) .... en :i 0::: ;!C> z W 0 > Q)z i= 0 en::: <( c z z<( 2 / <( ....0 LL LL 00 0 0 W-I W "")<( a. ~ ow en 0::: en ~ 0 a. z <( -I a. \ / 0 It) Q) N co .,f ~r 0 Q) co M 0 CD M N N N ~ ~ eI 0 z "> "> lJJ e at ....... d w " " ; > Q) Q) jjj I I " CD (.,) N N I I W M M ..... 0::: I " " It) Q) " Q) It) I 0 M I It) It) N N - 'Ot 0 N M - Q) CD M It) N It) 0 W CD Z M Z CD Z 'Ot ai ~ It) N ..; CD > It) Z en It) <( Q) N > 0 ~ ~ z ~ 0 .... - ~ - It) Q) ... >< 't:l " co C> 0 ::;, .... .:Z M Q) lJJ 0 0 u 0 c. d 0 CD 'j It) III 0 0 ..; 'Ot C'lI .... ~ a. en N :I: II ::: c. III 0 ~ - c. Is ~ en u <( C'lI lJJ ~ Q) 't:l U ~ Q) Q) 't:l - en C'lI <( <( 0 ,.,:".. I 6l e o o c ...: en ::::i .., .... en CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " DATE: April 1. 1997 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT ITEM NO. Approve Quotes/Soccer Goals ~I Todd J. Haas, ~ Engineering The City Council is requested to approve the quotes for the purchase of 2 pairs of soccer goals for use at Sunshine Park. Quotes received are as follows: Company MNIWS Playground, Inc. Earl F. Anderson, Inc. Quote $2,181.48 $2,305.45 This will be paid from the 1997 Park Capital Improvement Budget. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April t, t 997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Administration Richard Fursman/Pat Janssen ITEM NO. Approve Chairs/City Hall Addition <<9. Background: The Andover City Council is requested to consider for approval the purchase of chairs for the City Hall addition, Quotes were received Thursday, March 26, 1997. The following quotes were received: Design Wise Capital Sales Corporate Options $!8,966 $22,670 $23,729 The Council is requested to award Design Wise the contract for furnishing chairs for the City Hall addition. City of Andover Office Furnishings - Seating , J Quantity Description 5 High Back Ergonomic Chair Adjustable Indented "T" Arms Frame: Black Fabric: Crepe Gr.3 Color: Hunter Green 7 Medium Back Ergonomic Chair Adjustable indented "T" Arms Frame: Black Fabric Crepe Gr. 3 Color: Hunter Green 20 "Rainbow" Side Arm Chair Sled Base, PVC Arm Frame: Black Fabric: Crepe Gr. 3 Color: Hunter Green 64 "Rainbow" Side Arm Chair Straight Leg, Armless Frame: Black / Fabric: Crepe Gr. 3 Color: Hunter Green IO High Back Executive Swivel Frame: Black Fabric: Crepe Gr. 3 Color: Hunter Green 6 Mid-Back Executive Swivel Manual Height Adjustment Upholstered Arm Cap Frame: Black Fabric: Crepe Gr. 3 Color: Hunter Green 23 Sled Base Guest Chair Upholstered Arm Cap Frame: Black Fabric: Crepe Gr. 3 Color: Hunter Green Low Back Ergonomic Chair \ Without Arms / Fabric: Crepe Gr. 3 TOTAL Color: Dusky Rose 136 Chairs CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ \ ) DATE: April 1. t 997 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ~wYt John Hinzman, .) City Planner ITEM NO. Resolution adopting Comprehensive 1.30. Plan Amendment -- Round Barn Site Request The City Council is asked to formally adopt a resolution amending the comprehensive plan to change the land use district designation from C, Commercial on one acre, and from RU, Residential Urban Single Family on 8.15 acres to a newly created RM-2, Residential Multiple Density to allow for the construction of a 140 unit senior housing facility. / Council directed staff to submit an amendment to the plan at the March 4, 1997 meeting. Metropolitan Council has found the amendment to be in compliance with their regional plan, and waives further review, allowing the City to place the amendment into affect. Attached for your review is a resolution amending the comprehensive plan, minutes from the March 4, 1997 meeting, and letter from Metropolitan Council waiving further review. , / \ " J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -97 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF ANDOVER WHEREAS, Adolpson and Peterson Construction in conjuction with Presbyterian Homes of Minnesota have petitioned the City of Andover for an amendment to the comprehensive plan to allow for the development of a senior housing facility at 3331 Bunker Lake Boulevard NW. WHEREAS, Metropolitan Council has found the amendment to be in compliance with their regional plan, and waives further review, allowing the City to place the amendment into affect. 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 adopt the following amendment to the Comprehensive Plan: 1) Change the land use district designation of a 1.0 acre tract of land legally described as Lot 1, Block 4, Andover Community Shopping Center from C, Commercial to RM-2, Residential-Multiple Density. 2) Change the land use district designation of a 8.15 acre parcel from RU, Residential- Urban Single Family to RM-2, Residential-Medium Density on land legally described as follows: The west 715.02 feet of the south 487.38 feet of the southeast quarter of the northeast quarter of Section 32, Township 32, Range 24, Anoka County Minnesota, subject to easements of record 3) Chapter V, Section E, is amended as follows: / The Housing and Residential land Use Plan is guided by existing development patterns and potential for future development. The Plan identifies three-four residential development types. These include: Rural Residential, Urban Residential-Single Family, aBEl-Urban Residential-Multiple Family..lilld Residential-Multiple Density. \ Page Two '. ) Comprehensive Plan Amendment Senior Housing, Round Barn Site April 1, 1997 And; 3a. RM-2. Residential - Multiple Dwellin~ The Residential - Multiple Dwellin~ land use is defined as land within the MUSA that is desi211ated for the development of multiple family structures Residential development in these areas is intended for a lV'oss density of 13 units per acre or ~ And; 40. The 8.15 acre parcel commonly known as the "Round Barn Site" at 3331 Round Lake Boulevard NW and the 1 0 acre site at Lot l. Block 4. Andover Community Shoppin~ Center is hereby desi~nated for use as an exclusive residence for housin~ of senior citizens. Adopted by the City Council of the City of Andover on this .ls1 day of AIrril, 1997. I CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk / Regular Andover City Council Meeting 'nutes - March 4, 1997 Pa 2 \ , ) (Consent Item Item Item Item 27 Item 28 enda, Continued) 2 Adopt Ordinance 25 dopt Ordinance 26 A t Ordinance Code Adopt 17E (Repeal Ordinance 17) Adopt Or 'nance 204/Establishing Elevations and Standards/ 'lding and Driveway Construction Approve Resol ion/Post Office Request (See Resolution R046-97) Resolution in Supp t (See Resolution R047 15A (Repeal Ordinance 15) 19Q (Repeal Ordinance 19) 205/Adopting Minnesota State Building Item 29 Item 31 oval of the Consent Agenda. Cleanup of Contaminated Land MOTION by Dehn, Seconded by Kunza, Motion carried unanimously. APPROVAL OF MINUTES February 18, 1997, Regular Meeting: Correct as writte February 18, 1997, HRA Meeting: Correct as written. MOTION by Knight, Seconded by Dehn, approval of both ~arried on a 4-Yes, 1-Present (Kunza) vote. J ~COMPREHENSIVE PLAN AMENDMENT/ADOLFSON &. PETERSON Mr. Hinzman reviewed the request to amend the Comprehensive Plan to create an RM-2, Residential-Multiple Density land use district and to change the land use designation of a 9.15-acre parcel at 3331 Round lake Boulevard NW, commonly known as the Round Barn site, from C, Commercial and RU, Residential-Urban Single Family, to RM-2. A senior citizen housing development consisting of 130 to 140 units is proposed to be built on the site by Adolfson & Peterson and Presbyterian Homes of Minnesota. The Planning and Zoning Commission reviewed the proposal on February 25. Much of the public testimony and several petitions opposed the amendment and the senior housing development proposal. The Planning Commission recommended denial. John Mehrkens, Presbyterian Homes of Minnesota, addressed the Council. He explained they met with the residents on February 11 and reviewed the changes made to the proposed project. Because of the issue raised on traffic, they have revised the project to balance the traffic so half will go to Marigold and half to Quay. Guest parking and the traffic from the four multiple family dwellings will use Marigold; the traffic from the other buildir.gs will use Quay. There was also an issue of the traffic going behind the bank to access Bunker Lake Boulevard at the ,light. That is happening now; and unless there are plans to move the \ Aight to Quay Street, this is the best they can do to keep the traffic balanced on the site. Mr, Mehrkens stated there was a concern with the loss of trees on the property. They want to preserve as many of the mature trees as possible. He also had a scale showing the height of the Regular Andover City Council Meeting Minutes - March 4, 1997 Page 3 \ \ ) (Comprehensive Plan Amendment/Adolfson & Peterson, Continued) buildings in relation to the Round Barn and surrounding residential homes. For those concerned with the upkeep and maintenance of the facility, they have invited residents to visit the other sites of Presbyterian Homes of Minnesota. The one question they have not been able to obtain a specific answer to is the affect of this project on the property values within the neighborhood, but they are continuing to look at recent developments of Presbyterian Homes near residential neighborhoods and how that might affect property values. Mr. Mehrkens stated they received a number of comments in favor of the proposal and the need for senior housing in Andover. Typically the traffic from senior housing families is compatible with residential neighborhoods because seniors do not tend to drive during rush hours. The intent is to have the pond open for skating in the winter and to keep the Round Barn in place, potentially converting it to a community center, theater Or something else. In any other potential development, it may not be possible to preserve the barn. Residents have asked to be kept informed of the development process, and they are willing to do that. At the public hearing last Tuesday, they were not prepared to discuss the site plan; as they were under the impression only the land use was going to be discussed. Their desire is to have the Comprehensive Plan amendment approved so they can move forward to provide this type of housing project in Andover. They feel it is an ideal location for ,seniors. In response to questions from the Council, Mr. Mehrkens stated efforts have been made to keep the trees to the north and it will be landscaped. They moved the buildings south to provide a larger buffer area to the nearest resident. The Council expressed concern with the location of the traffic light on Bunker Lake Boulevard and the practice of people to drive on private property behind the bank in order to access Bunker Lake Boulevard at the light. It was suggested the City work with the county in an effort to move the existing light to Quay Street. The Council was also concerned with the ability to construct apartment houses and other types of multiple dwellings on the property once it is zoned RM-2. Attorney Hawkins advised the City can enter into a contract for the rezoning that would specifically state what the land could be used for. In this case, the area would be designated for senior housing facilities only. In response to a question on staffing, Mr. Mehrkens estimated two staff members through the night, two staff members leaving about 7 a.m. and seven employees coming in, then another two or three administrative staff coming in a couple hours later. They are estimating about 20 to 25 full-time equivalent staff members for all three shifts. Both staff and deliveries would come off Quay Street. The covenants that were ?laced on the single family lots in the development will apply to the , jive single family lots in this project as well. Residents in the area complained that there was not enough room for everyone to see and to participate in the discussions this evening. Regular Andover City Council Meeting Minutes - March 4, 1997 Page 4 , ) (Comprehensive Plan Amendment/Adolfson & Peterson, Continued) Concerns were also expressed about the height and length of the buildings, One woman stated since the public hearing, she and her husband changed their minds and feel this proposal is much better than some of the other options that are possible, especially in the commercial area. Another woman noted that even if the property is zoned and constructed for senior citizens, by law it must be rented out to anyone who wants to move in. Mr. Mehrkens explained when a facility is design built for seniors, there is an exception to the law that allows them to restrict the population to seniors only. Several residents were very concerned that the multi-unit development in that location will devalue their properties, and some wanted a guarantee from the City that that would not happen. Others proposed that single family homes be constructed in that location and the senior housing put elsewhere in the City. While the Council stated no one could guarantee property values would not decrease, the City can protect the neighborhood by ensuring that the multiple zone would be applicable for senior housing only. Discussion also noted that this project may be more desirable than any of the commercial uses that would be allowed in the existing zone. If single family homes were constructed, it is likely the Round Barn would have to be removed. Also, those single family homes would probably be of lower values than in the neighborhood now because of the proximity to a busy, potentially four-lane county ',road. It was also pointed out that the project is estimated to be close to $10 million, and the units being rented are not cheap. Also, the fa9ade of th~ building is designed to blend in with the neighborhood. Someone asked about the potential traffic from the area slated for Neighborhood Business to the east of this site. The Council could not comment on that without knowing what is g0ing in there. It appears about half of the traffic generated from this project would be using Marigold, and it is unlikely that traffic will be during the rush hour periods. A resident presented a petition to the Council opposing the proposal. It is the same petition presented at the public hearing with a few more names. Those signing the petition are opposed; but if the project does proceed, there are certain items they would like to see met. He was concerned with the close proximity of the three-story buildings to some of the residences, which he felt would definitely devalue those properties. He has not been able to find a similar circumstance of a senior housing project adjoining a highly valued residential area. Mayor McKelvey stated he received about six calls this week from residents who had signed the petition but are now in support of this. There was discussion with a representative from Adolfson and Peterson regarding the green spaces between the buildings and the nearest residences. He stated they will salvage as many trees as possible; but if a berm is to be constructed, many will be lost. They are willing to ~lant six- to eight-foot crees along the berm as a part of the project. They are also aware of the concerns raised by the residents, and they are addressing them, Regular J-1ndover Ci ty Council Meeting Minutes - March 4, 1997 fu~5 \ JComprehensive Plan Amendment/Adolfson & Peterson, Continued} ~A resident asked if they would foresee a time when the neighborhood children would not be welcomed on the site to use the trails or skating pond. Mr. Mehrkens stated the area is intended for family use where children will be supervised. As an organization, they do a lot of multi-generational programs in their facilities. They would be encouraging neighborhood involvement. Councilmember Knight stated his experience when visiting the facilities of Presbyterian Homes in Roseville is that it is extremely well kept. Traffic is minimal and the grounds are immaculate. One resident stated if it remains that way, it is somewhat acceptable; but how they can be guaranteed that it will always stay that way? Council stated no one can make that guarantee, but neither can anyone guarantee that their own residences will remain well kept. One woman stated when she bought her house, she thought the Round Barn was a historical area and that it would remain that way. She was hoping the area could become a park and not have other buildings around it. Another again asked how this will affect their tax valuations. Councilmember Orttel stated they are not aware of any negative impact resulting from other senior citizen projects. While there may be some change to the houses immediately abutting the property, it is questionable whether it will impact anyone three, four or five blocks away. He also pointed out that from Round Lake Boulevard to Crooked ~ake on the north side of Bunker Lake Boulevard, it is all commercial or 'institutions with the exception of this parcel. The only thing lacking is the service road. Some planner might say that it makes a lot more sense to make this a commercial site and not residential. The houses across the road are on a service road, which is different than if single family homes were constructed on this site. He predicted there will be a drastic change in the use of Bunker Lake Boulevard in the future, and he felt this would lock in a use that is palatable. He didn't think they could get better neighbors. A woman stated she was the first to purchase a home in the area and has held her breath wondering what will happen to the Round Barn site. She appreciated the fact that Presbyterian Homes has worked with the neighbors. Their neighborhood is unique, but this has torn it apart. She felt this project would be better for the area as opposed to single family homes which would also impact the schools and traffic. It is also better than any potential commercial development. She hoped that they could continue to stay as a united neighborhood in spite of this. The Council noted that if the Comprehensive Plan is amended, public hearings will still be held for the actual rezoning and Special Use Permit for a PUD on the property. It is at that time that a contract could be required restricting the use for senior citizen development only and any other conditions the City may feel is necessary. MOTION by Orttel, Seconded by Dehn, that the Council authorize Staff to \ _~resent a Comprehensive Plan amendment exclusive to senior housing on the property described as the Adolfson property and forward it to the Metropolitan Council for their review. Motion carried unanimously. ~ Metropolitan Council ~ Working for the Region, Planning for the Future \ ) March 18, 1997 John Hinzman, City Planner City of Andover 1685 Crosstown Boulevard N. W. Andover, MN 55304 RECEIVED MAR 24 1997 CITY OF ANDOVEF< RE: City of Andover Comprehensive Plan Amendment - Adolphson & Peterson Sr. Housing Metropolitan Council District 9 Metropolitan Council Referral File No. 15796-9 Dear Mr, Hinzman The Metropolitan Council staff has reviewed the city's comprehensive plan amendment received by the Council on March 10, 1997. We find that it is in conformance with metropolitan , system plans, consistent with the Metropolitan Development Guide and. compatible with plans of ) other units of government. Therefore the Council will waive further review and you may place the amendment into effect. The amendment, explanatory materials supplied and the information submission form will be appended to the city's plan in the Council's files. If you have any questions regarding this review, please contact James Uttley , principal reviewer, Office of Local Assistance at 291-6361. ~ Thomas C. McElveen, Deputy Director Housing, Development & Implementation c: David-Hartley, Metropolitan Coun-cil District 9 Lynda Voge, Referrals Coordinator Sherry Narusiewicz, MN DOT Metropolitan Division Richard Thompson, , Sector Representative, Office of Local Assistance James Uttley, Office of Local Assistance \ I 230 East Fifth Street 51. Paul. Minnesota 5510 l-i634 16121291-6359 Fax 291-6550 TDD/TIY291-0904 Metro Info line 229-3780 An Equal Opportunil!,l Employer ....~ ~t''' . ~ v" / ../j: ~" ..: ,. .. '#.~.. f'lroPos4 d Land. :,."~ ~QI' I I >- .......i:: . '/( ,,[~ . , .. - I . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 1. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Plans & Specs/94-33C/Commercial Blvd. Ext.! Contaminated Soil & Debris Removal (Part 2) .:3/. Scott Erickson, ~l Engineering The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for Project 94-33C, Commercial Boulevard Ext., Contaminated Soil & Debris Removal (Part 2). Specifications are available in the Engineering Department for review. , / '-/ , \ \ j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 94-33C , FOR COMMERCIAL BOULEVARD EXTENSION FOR CONTAMINATED SOIL AND DEBRIS REMOVAL (PART 2) . WHEREAS, pursuant to Resolution No. 138-96, adopted by the City Council on the 16th day of July. 19---.illL, McCombs Frank Roos Associates. Inc. has prepared final plans and specifications for Project 94- 33C for Contaminated Soil & Debris Removal (Part 2). WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 st day of April , 19 97 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to / hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM Friday. April 25 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this ~ day of April , 19 97 , with Councilmembers favor of the resolution, and Councilmembers said resolution was declared passed. voting in voting against, whereupon CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor \ i Victoria Volk - City Clerk DATE April 1 . 1997 ITEMS GIVEN TO THE CITY COUNCIL . City Council Minutes - March 18, 1997 . HRA Minutes - March 18,1997 . EDA Minutes - March 18, 1997 . Special City Council Minutes - March 18, 1997 . Park & Recreation Commission Minutes - March 20, 1997 . Letter from Larry Dalien, Anoka County - March 6, 1997 . Wetlands: Lands of Opportunity . Feasibility Report/Section 23 (Chesterton Commons/Hamilton Property) . Sketch Plan/Andover Commercial/Industrial Park . Feasibility Report/94-33C/Commercial Blvd. Ext. . Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA, THANKYOU. . . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April t. t 997 AGENDA SECTION ADD-ON ORIGINATING DEPARTMENT City Clerk A J.l) . ITEM NO. Consider Declaring a Dog a "Biting Dog" A dog (Poodle) owned by Amy Ruffcorn, 13761 Zilla Street NW, has been allowed to run at large quite often and on March 18, 1997 bit Jacob Mellem, age 8. He lives at 13760 Zilla Street. Jacob was on his own property when the dog came into his yard and bit him. Miss Ruffcorn was issued a citation for allowing her dog to run at large. Because Jacob Mellem's mother does day care in her home, I would request that the City Council declare the dog a "biting dog". Miss Ruffcorn and Mrs. Mellem have both been notified of the meeting. Attached are a resolution declaring the dog a "biting dog" and a copy of the dog bite report. .. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO.R A RESOLUTION DECLARING A DOG (POODLE) OWNED BY AMY RUFFCORN, 13760 ZILLA STREET NW AS A "BITING DOG". WHEREAS, a poodle owned by Amy Ruffcorn has been allowed to run at large; and WHEREAS, on March 18, 1997, said dog was allowed to run at large and bit the neighbor's 8 year old child. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover does hereby declare a white poodle owned by Amy Ruffcorn as a "biting dog". BE IT FURTHER RESOLVED that if another report is received of the dog threatening to or attacking another person or animal, the dog will be declared as a "nuisance" and will either need to be removed from the city permanently or destroyed. Adopted by the City Council of the City of Andover this 1st day of April ,1997. CITY OF ANDOVER Attest: J. E. McKelvey - Mayor Victoria V olk - City Clerk Anok~ County Sheriff's DBpt. Incident: 97046745 INCIDENT NARRATIVE REPORT Writer: bott Aotion Dote-TIme: e~/19/97 &4:42:00 Juvenile Involved --.......---------- -------- - -- --------- On 3/19/9' at 171D hours, X was dIsp~tched to 13760 Zilla St, NW in Andover cn a dog bite report. I arr~ved and epoke with the complainant, a Kim M~rle Mellem. OOB, 8/22/66. Miee Mellem r~PQrtea that her 60n, Jacob, was bitten on the left leg above the ankle by a ~mall ~hitc poodle belunging to a neighbor aoross the street, I examined MIss Mellem's $on$' leg and found the bIte WOUnd to bo oup~r'iaiol olthough It dId haVe a bruise mark from where the dog had bitten him. how~v~r thg bitQ ~ound did not bre4k the Skin. Miss Mellem also reported that the poodle from acro~o the ~treet con~tantly runs throughout tha area without a leash on, on a d~y to day basiQ. Mi~~ Mellem is 0180 concerned about the children she does day care for in reg~rds to the poodlo b9ing out~ide ~ll the time. She 1$ worried th~t the poodle may attack one of her day care ehIldron. I left the case report number with Miss Mellem and informed her that tho dogG OWner will hQv~ to q~arantlne the dog for a period of 10 days and submit vaccination record~ to mo at the potrol station. r then left the Mellem residence and went to the 13761 Zill~ St. addrooa to speak with the dogs O\.lne'" . r W~Q mot aC tho door by a Mary Michelle Ruffcorn. She is the dog owners sister and she stated that hQr si~tor, Amy Jo Ruffcorn, 006: ~/15/76, was the dogs owner but she was not at home and Wasn't duo homo untIl $ometime In the evenIng. I was able to obtain some information from Miss Ruffcorn. sh~ otatcd tho dog h~5 been known to rUn out of the house when the front door is open by One of tho ohlldren there Or by somebOdy VIsitIng, I informed ~i55 Ruffcorn that the complainant stat~d that their dog i~ always outside, running around without a leash on and Miss Ruffcorn did agrQO that thQ dog W,~5 out;slde wl~hout a leash more often than it should have been. I was able to obtain thQ ownQr~ informotion In order to issue a citation, *603-476, for allowing dog to rUn loose without a lo~~h. I informed Ml~s RUffcorn that I will be mailing that citation to Amy and that shQ will havo to oontact the clerk 01 Courts with regards to a fine amount. I also informed MIss RlJffcon, th..t the dog 101111 have to be quarantined for a per lod of 10 days and that vaccination record~ will have to be oent to me at the patrol station here. Mice Ruffcorn wo~ given a bUSiness card with the case number on it and wae told to relay all thi~ information to the dog's owner, Amy and at that point, she can contact me with any questions th~t ~h& might have. No further action takan at this time. eso Steven Fischer --------------~----- ---------------- Run. 3/27/97 16:05 lor! (continued) page 4 c5w-print20r06t160607 L 1/9I#~ S(;6g ggL~OISI^IO lOMLVd OS:9I L6-L(;-S ddl~S 'J'V:AH LNBS II (jv/~1 C 0 U N T Y 0 FAN 0 K A kl DIVISION OF PROPERTY RECORDS AND TAXATION Edward M. Treska, Division Manager GOVERNMENT CENTER. 2100 3RD AVENUE. ANOKA, MN 55303 March 6, 1997 Ms. Vicki Volk, Clerk City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Ms. Volk: Enclosed for your information and files is a copy of Resolution 97-14 passed by the Anoka County Board of Commissioners at its meeting held January 28, 1997. This resolution provides authority under Chapter 282 of Minnesota Statutes for a private sale of lands situated in Anoka County which have forfeited to the State of Minnesota for nonpayment of taxes. Also enclosed is a list of the forfeit land parcels within your municipality to be sold on a private land sale. If you have any questions or need additional information, please feel free to call Gene Rafferty at 323-5427. Very truly yours, ()e(\.J\}LL~W WlM0/::t- Larry W. Dalien, Director Property Records and Public Service LWD/ljb Enclosure c: Gene Rafferty, Land Commissioner prtadmin\forfeit\prsalect.doc Affirmative Action I Equal Opportunity Employer PUBLIC LAND SALE LIST 1997 EXHIBIT M PLATTED SUBDIVISION SEC. OR LOT lWP, OR BLOCK RANGE APPRAISED VALUE OF LAND CITY OF ANDOVER CONTACT THE MUNICIP~L1TY FOR LOCAL BUILDING AND ZONING ORDINANCES. CEDAR CREST ESTATES lP, 053224330012 KEY 1090848 750 LOT 1 BLK 4 CEDAR CREST 1 4 ESTATES;.SUBJ TO EASE OF REC NOTES: ... MAYBE SUBJECT TO REASSESSMENT ... NORTHGLEN 2P, 323224 130070 KEY 920383 100 THAT PRT OF LOT 30 BLK 6 30 6 NORTHGLEN DESC AS FOL: COM AT NW COR OF ~D LOT 30, TH S 06 DEG 36 MIN ~O SEC E ALG W LINE THEREOF 83.15 FT TO POB. TH N 21 DEG 16 MIN 14 SEC E 60.49 FT TO N LINE OF SD LOT 30, TH SEL Y ALG SD N LINE TO A PT 50,66 FT SEL Y OF POC, TH S 21 DEG 08 MIN 04 SEC W 75.08 FT TO SD W LINE, TH NL Y ALG SD W LINE TO POB; SUBJ TO EASE OF REC WOODLAND TERRACE 4TH ADD 3P. 32 32 24 44 0089 KEY 982707 1,200 OUTLOT B WOODLAND TERRACE B OIL 4TH ADD SUBJ TO EASE OF REC CITY OF BLAINE CONTACT THE MUNICIPALITY FOR LOCAL BUILDING AND ZONING ORDINANCES. EDWALLS 2ND ADD 4P. 2031 2321 0050 KEY 177061 LOT 11 BLK 2 EDWALLS SECOND ADD, EX E 100 FT THEREOF, SUBJ TO EASE OF REC # 11 400 2 TAUER ADD 5P. 2431 2341 0021 KEY 900243 E1/2 OF LOT 5 BLK 2 TAUER ADD SUBJ TO EASE OF REC 5 600 2 - 1 - PUBLIC LAND SALE LIST 1997 ~ ExHIBIT N UNPLATTED SUBDIVISION SEC. OR LOT lWP, OR BLOCK RANGE APPRAISED VALUE OF LAND CITY OF ANDOVER CONTACT THE MUNICIPALITY FOR LOCAL BUILDING AND ZONING ORDINANCES. UNPLATTED 1U. 113224440005 KEY 935643 THAT PRT OF SE1/4 OF SE1/4 SEC 11 T32 R24 LYG WLY OF W RIW LINE OF BN RR; EX RD; SUBJ TO EASE OF REG 100 11 32 24 2U. 133225440016 KEY 959476 THAT PRT OF GOVT LOT 5 OF SEC 13.32.25 DESC AS FOL: COM AT A PT ON THE ELINE OF SO GOVT LOT 485 FT S OF THE NE COR OF SO GOVT LOT, TH S ON SO E L1N~ 12.5 FT, TH W PRLUW THE S l.JNE OF SO GOVT LOT TO THE EL Y SHORE LINE OF THE RUM RIVER TH NL Y ALG SO EL Y SHORE LINE TO INTERIW A LINE DRAWN PRLUW SO S LINE FROM THE POC, TH E PRLUW SO S LINE TO THE POC; EX RD; SUBJ TO EASE OF REG 13 1,000 32 25 CITY OF BETHEL CONTACT THE MUNICIPALITY FOR LOCAL BUILDING AND ZONING ORDINANCES. UNPLATTED 3U, 31 34 23 22 0024 KEY 1098083 THAT PRT OF NW1/4 OF NW1/4 OF SEC 31 lWP 34 RGE 23 L YG SLY OF N 495 FT THEREOF (AS MEAS ALG W LINE OF SO 1/4 1/4), LYG ELY OF W 741.85 FT (AS MEAS ALG N LINE OF SO 1/4 1/4) LYG WLY OF E 561 FT OF SO 1/4 1/4 (AS MEAS ALG S LINE OF SO 1/4 1/4 & PRLUW W LINE OF SO 1/4,1/4) & LYG NLY OF FOL DESC LINE, COM AT NE COR OF W 264 FT OF S 561 FT OF SO 1/4 1/4 (AS MEAS Al..G S & W LINES THEREOF), TH EL Y PRLL WITH N LINE OF SO 1/4 1,,1495 FT TO INTERIW A LINE PRLUW SO W LINE FROM A PT ON SO N LINE 759 FT E OF NW COR OF SO 1/4 1/4 & 100 31 34 23 . 1 - '.- 1'0 BOARD OF COUNTY COMMISSIONERS Anoka County, Minnesota DATE: Janaury 28,1997 OFFERED BY COMMISSIONER: Berg RESOLUTION #97-14 AUTHORIZING THE SALE OF CERTAIN NON-BUILDABLE, TAX-FORFEITED LAND PURSUANT TO MINNESOTA STATUTES, CHAPTER 282.01, SUBD. 7A, ALTERNATE SALES PROCEDURE; SElTlNG THE TERMS OF SALE; AUTHORIZING THE COST OF THE ALTERNATE LAND SALE TO BE CHARGED AGAINST THE PROCEEDS OF SAID SALE; AND AUTHORIZING 20 PERCENT OF THE PROCEEDS OF THE ALTERNATE LAND SALE TO BE DISTRIBUTED TO THE PARK FUND WHEREAS, certain lands have forfeited to the State of Minnesota pursuant to Chapter 282 of the Minnesota Statutes, which lands are described in Exhibit M Platted and Exhibit N Unplatted, which is attached h~reto and incorporated by reference; and, WHEREAS, the Anoka County Board of Commissioners has determined that it is advisable to sell said lands and has set appraised prices for said lands as set forth in Exhibit M Platted and Exhibit N Unplatted; and, . WHEREAS, the Anoka County Board of Commissioners has previously classified appraisal lists No. 87, 88-B, and Classification lists 89, 90, 91, 92, 93, 94, 95 and 96, which include the lands described in Exhibit M Platted and Exhibit N Unplatted, as non-conservation and approved them for sale under Chapter 282 of the Minnesota Statutes by Resolution Nos. 87-54, 88-56, 89-13, 90-15, 91-16,92-33,92-142,93-146,94-210, and 95-150; and, WHEREAS, the classification and sale of any tax-forfeited land lying within the bounds of any organized town, with a taxable value in excess of $20,000, or incorporated municipality, has been approved by the town board of such town or governing body of such municipality, insofar as the lands located therein are concerned; and, WHEREAS, the lands in Exhibit M Platted and Exhibit N Unplatted being authorized for sale cannot be improved because of noncompliance with local ordinances regarding the area, shape, frontage or access; and, WHEREAS, the division manager of Property Records and Taxation has determined that a non-public sale of the lands listed in Exhibit M Platted and Exhibit N Unplatted will encourage the approval of the sale of the lands by the city or town and promote their return to the tax rolls; and, WHEREAS, all parcels which were approved for sale by Resolution 95-180 dated October 24, 1995, which have not been sold, should be withdrawn from sale; and, WHEREAS, the division manager of Property Records and Taxation may restrict the sale to owners of lands adjoining the lands to be sold, and shall conduct the sale by sealed bid, or other means of sale, as provided for in Chapter 282.01, subd. 7a, of the Minnesota Statutes; and, WHEREAS, Chapter 282.09 of the Minnesota Statutes provides that the division manager of Property Records and Taxation shall place all monies received from a land sale conducted in accordance with Chapt~r 282.01, subd. 7a, of the Minnesota Statutes in a fund to be known as the forfeited tax sale fund, and all disbursements and costs of such sale shall be charged against said fund when provided for by the county board; and, WHEREAS, it is the desire of the Anoka County Board of Commissioners to avail itself of the authority contained in Chapter 282.08 (4)(b) of the Minnesota Statutes wherein the county board may set aside 20% of the balance of the proceeds of a forfeit land sale conducted under the provisions of Chapter 282.01, subd, 7a, of the Minnesota Statutes for park purpofes: NOW, THEREFORE, BE IT RESOLVED that the lands listed in Exhibit M Platted and Exhibit N Unplatted and classified as non-conservation are approved for sale by sealed bid; that the lands shall be sold only to owners of property adjoining the lands to be sold; that the owners of property adjoining the lands to be sold shall be given thirty (30) days written notice of the sale by the division manager of Property Records and Taxation as provided for in Chapter 282.01, subd. 7a, of the Minnesota Statutes; that the lands shall be sold to the highest bidder for no less than the appraised price set forth in Exhibit M Platted and Exhibit N Unplatted; and any remaining parcels not sold hereby shall be sold to any owner of property adjoining the lands to be sold offering to pay the appraised value thereof. t.. RESOLUTION #97-14 Page 2 BE IT FURTHER RESOLVED that all the parcels which were approved for sale by Resolution 95.1~0 dated October 24, 1995, which have not been sold are hereby withdrawn from sale. BE IT FURTHER RESOLVED that the sale shall be made subject to the condition that after the sale, the division manager of Property Records and Taxation shall combine each parcel acquired with the parchaser's adjoining property in the Property Records and Taxation Department's official tax records. BE IT FURTHER RESOLVED that in accordance with Chapter 282.09 of the Minnesota Statutes which provides that the division manager of Property Records and Taxation shall place all monies received from the sale of tax-forfeited land conducted in accordance with the provisions of Chapter 282.01, subd. 7a of the Minnesota Statutes, altemate sales procedure, in a fund to be known as the forfeited tax sale fund, and all disbursements and costs of such sale shall be charged against said fund when provided for by the county board; the division manager of Property Records and Taxation is hereby authorized to charge all appropriate expenses from the sale of tax-forfeited land conducted in accordance with the provisions of Chapter 282.01 , subd. 7a, of the Minnesota Statutes, alternate sales procedure, to the forfeited tax sale fund, and further, that said expense amounts shall be paid from the forfeited tax sale fund and credited to the division manager of Property Records and Taxation's general account. BE IT FURTHER RESOLVED that the sale shall be made for payment in full or upon the following terms: that sales amounts of $500 or less shall be paid in cash at the time of the sale and all other sales amounts may be paid in cash or paid on an installment basis provided that at the time of the sale a down payment of $500 shall be paid on sales amounts over $500 but not over $2,000, and a down payment of one-fourth of the sales price shall be paid on sales amounts in excess of $2,000; that the unpaid balance shall be paid in annual installments over a three-year period prior to October 31 st of each year and shall accrue interest at the rate prescribed by Minnesota Statutes, Chapter 279.03, subd, 1 a, and is subject to change each year on the unpaid balance; that no principal installment payment shall be less than the amount of the original down payment unless it is a final payment on the contract and each installment payment shall include the amount of accrued interest to date. At the time of sale of a parcel of tax-forfeited land the division manager of Property Records and Taxation shall collect in full an amount equal to 3 percent of the total sales price of the parcel, said sum to be deposited with the State Treasurer in the real estate assurance account pursuant to Minnesota Statutes, Chapter 284.28, subd. 8; an amount equal to the State Deed Tax, and the cost of obtaining the Deed and recording the same, which amounts are in addition to the total sale price of the parcel. That all property remains subject: to any existing leases; to easements obtained by governmental subdivisions or agencies thereof for any public purposes; to restrictions appearing of record; to all existing laws and ordinances; and to the condition that the total appraised value does not represent a basis for future taxes; and that amounts of special assessments canceled because of forfeiture may be subject to reassessment. Each sealed bid shall be accompanied by a check made payable to the division manager of Property Records and Taxation in the minimum amount of the down payment set forth above. BE IT FURTHER RESOLVED that after distributing the appropriate amount of the sales receipts from the alternate land sale conducted in accordance with the provisions of Minnesota Statutes, Chapter 282.01, subd. 7a, pursuant to Chapter 282.08 (1), (2), (3) and 4(a) of the Minnesota Statutes, if applicable, the division manager of Property Records and Taxation shall set aside 20% of the balance of said receipts for use by the county in the maintenance and acquisition of county parks, pursuant to Minnesota Statutes, Chapter 282.08 (4)(b) and statutes cited therein. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the division manager of Property Records and Taxation, county land commissioner and all affected municipalities _ and town boards. BE IT FINALLY RESOLVED that the Anoka County Board of Commissioners reserves its right to withdraw from sale any or all parcels listed in Exhibit M Platted and Exhibit N Unplatted. J .'.. RESOLUTION #97-14 Page 3 STATE OF MINNESOTA) COUNTY OF ANOKA ) SS YES - NO - . I, John 'Jay' Mclinden, County Administrator, Anoka County, Minnesota, hereby DISTRICT #1 - BERG X certify that I have compared the foregoing copy of the resolution of the County Board of said County with the original record thereof on file in the DISTRICT #2 . LANG X Administration Office, Anoka County, Minnesota, as stated In the minutes of the proceedings of said Board at a meeting duly held On January 28, 1997, DISTRICT #3 - LANGFELD X and that the same is a true and correct copy of said original record and of Ihe whole thereof, and that said resolution was duly passed by said Board at DISTRICT #4 - KORDIAK X said meeting. Witness my hand and seal this 28th day of DISTRICT #5 . MCCAULEY X January 1997. A..L~ /)f~.L" 7~ JOHN 'JAY' McLINDEN COUNTY ADMINISTRATOR DISTRICT #6 - MCCARRON X . DISTRICT #7 - ERHART X . J ~ , .' I / CL 4~I-ql .,. ~ : . " J I. I \ " ,.; WETLANDS: iANDS OF OPPORTUNITY :; J 1. '\ An invitation to attend a wetland conference featuring alternative development and practical aids. All welcome. April 11 1997 8:00 am. - 4:00 pm. Aveda Corporation · Auditorium 4000 Pheasant Ridge Dr.N.E. Blaine, Mn. Sponsored by: League of Women Voters Education Fund, in cooperation with the Ford Foundation, Aveda Corporation, Anoka Conservation District, Anoka County Extension, ABC League of Women Voters. ~V.~e ~~ \e~ 3 CEUs offered for realtors ~ (approval pending) ,\ We have to find ways to do better Wetland Conservation and also work toward Sustainable Communities and Strong Economies. N Elizabeth Carlson . M'I.\:VE:SOT.-t WETUVDS c.:O.^lSERVA TION P1.A.v KEYNOTE' PANELS' WORKSHOPS' EXHIBITS' ESTHETIQUE . TOURS' CAFE ORGANICA . DOOR PRIZES Lunch on your own at Aveda Cafeteria- other refreshments included in registration. FEES: Regular $10.00 Students $ 5.00 Advance Registration due, April 7, 1997 Make check payable to: ABC LWV Registration Select your Workshop choice: Name: Street & City/zip: Affiliation Name tag wig be made from the abo..... information. Mail Registration and fees to: Mary Jo Truchon, ABC LWV 12917 Buchanan Street NE Blaine, MN 55434-4044 Bring Exhibit: Need CEU's Total Amount Endosed. Questions 612-757-3084 11"'1'1'1"1'1"'1'1"1'1"1'1"1'11"1' "'11'11"'1'1"1'1'\ '5;.S aa'E:te,. / -O('"..)~_::=-':M. /0 [:;-S'...s '~:?SA ~?Zt:( ~~p r~~ .-9..$7/ -, ~ ~~e~/ ~~2J . - trV~g NW 'eU!BIB '3N 199JlS UBuelpnB H6~~ !lM1 08'1 'UOlplUl or A1ew Wetla-nds: Lands of Opportunity Sponsored by: LWV US Education Fund, in cooperation with the Ford Foundation, Aveda COrporation, Anoka Conservation District, Anoka County Extension Service, and the ABC Area League of Women Voters. April 11, 1997 - Aveda Corporation, 4000 Pheasant Ridge Dr. NE, Blaine, MN 55434 (35W North to exit 33 - Left on Lexington Ave. - Left first stoplight) 8:00 a.m. 8:30 a.m. 8:40 a.m. 8:45 a.m. 9:30 a.m. 10:30 a.m. 11:30-12:30 11:30 a.m. 11:50 a.m. -12:10 p.m. 12:30 p.m. 12:45 p.m. 1:45 p.m. 2:00 p.llI. Registration, Exhibit Set-Up, COntinental Breakfast Realtors-sign up for COntinuing Education credits Welcome by ABC LWV President, Joan Molenaar: & Jim Hulbert for Aveda Opening Ceremony Keyno'~c Address - "The Anishinabe Perspective of the Land", Dennis Jones, Ojibwize Language and culture Instructor, Dept. of American Indian Studies, U of M Panel Presentation - "Choice Opportunities", all Breakout Session Presert6rs, introduced by Mary Jo Truchon, ABC LWV BREAKOUT SESSIONS - Concurrent Focus Groups 1. Becky Straub, Anoka Conservation District - "Wetland Regulation Simplified" (CEUS offered for realtors, this session) 2. Sarma Straumanis, MN DOT and Dave ThuJ,l. Hennepin Conservation District -"Wetland Del~berations ~ Creation or Restoration?" 3. Bruce Carlson, National Audubon Society - "Biomonitoring - An Effective Tool for Evaluating a COnnnunity.s Wetlands" 4. Hannah Dunevi tz, DNR county Biological Survey - "When You Care Enough to Save the Very Best (Wetlands) " 5. Steve Taff, U of M Economist - "What Is a Wetland Worth-Really?" 6. Robert Engstrom, Robert Engstrom Companies - "Clustering - For Land's Sake" 7. Jeanne Wright, MN Land Trust - "The Protection Option" *** LUNCH ON YOUR OWN at Aveda cafeteria - VISIT EXHIBITS (Aveda Prizes) TOUR AVEDA TOUR AVEDA TOUR AVEDA Video Presentation - Auditorium Ed Musielewicz,NRCS and Joan Molenaar - Community Wetland Concensus incorporating a statement from each BREAKOUT SESSION Drawing for Door Prizes and Exhibit Prizes (turn in signed cards) Cafeteria - "Looking OUt the Window" an audience participation event focusing on Property Rights and Wetlands,- Hannah Dunevitz & Mary Jo Truchon REFRESHMENTS CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 1 1997 AGENDA SECTION Reports of Staff, Committees, Commissions ORIGINATING DEPARTMENT ITEM NO. -11 Scott Erickson, Engineering Discuss Bricking of Existing City Half Structure Attached is the information from Craig Kronholm of Adolfson and Peterson regarding the bricking of the existing City Hall structure. .' MAR-31-97 MON 11:39 AM ADOLFSON PETERSON FAX NO. 16125252340 P. 02 WlJ==k '" "Total Construt:Lian Services~ 6701 West 23rd Street Minneapolis, Minnesota 55426 (612) 544-1561 Mailing Address: P.O. Sox 9377 Minneapolis, Minnesota 55440 FAX (612) 525-2~3 FAX (612) 625-23$4 March3!,1997 TO: Scott Erickson FROM: Craig Kronholm RE: Andover City Hall Existing Building Bx.tcrior Chan{p Below is the price to remove existing htilding overhang, install parapet wall and install face brick to nmt~h and. tie the bniJdlngs together. Roof changes Cut existing overhang LIntel Steel PBrnpet wall Misc. Demo & cleanup Brick (3,Joost) $5,279_00 $3,920.00 $1,400.00 $3,900.00 $1,56&.00 $37,455_00 East and Nonh side-; TOTAL c:5timated project $~3,:;22.00 .f/2~n7 :r'",.c.I..,,& lJ~sl .5~;/~ 01 ~J'//'::J /; Ie-I E.s f,:-n",I-{ -'I 76,44'1,00 MAR-31-97 MON 11: 41 AM ADOLFSON PETERSON FAX NO. 16125252340 ~AR-2S-~7 FRl ~~'~l PM ADeL~S0H PETEPSaH T~T4~~~ ~~- .. . - ADD BRICK TO EXlERIOR OF A..1\TDOVER CITY FALL EAST SlOE it] 1320 SQFT Brick add 72f1 SQFT fOf 6'.0" high paxapet wall or shorter irbrick t'alJow the rake of nonh wan #2 6-wil1dows 2.() or 6 relie\'ing angles 2' -S" ,.. #3 1-4()" door Dr ll'~liovi.ng angte:) 4'-0" r $'- 'I .t;;.,. -I"." ~ #4 ]-9'.4" jtaraae door or 1 relieving angle 10'.0" #51.10'~8"entrywayolllelilMngangle 11'--4" #6 reJtJOVe and rtplace 17$ SQFT of sidewalk to allow the installation ofrelieving lU1g1e at ground level . #7 demo planters 8 ma.'l houts #8 rday pll;lnterll 32 man hours 120 SQFT ofbri.ck #9 demo existing bricll: ]6 man hours '# 10 rernov:e aM reimdsll Dr rep.l1I~ two light fixture2 1111 demo overbanQ 80.man hours #12 add 6'..()" higher shorter steel stud framing. drywall on one S:ide and plywood on . roofside with 2x.lO cap 120 LNFI' . flUl io LNFT galvanized telleving MgIe punched with anchor bolts NORTH SIDE # 14 remove and reinstall chainlink fence ""here abuts building #15 remove and rtinstatl shipi ladder new footing may be required "16 add newsupPQrt for gas meter . 11 17 70 LNFT galvaniled relieving angle punched with anchor bolts #18 demo overhang ~O manhol.ll'S 1# 19 :.I-windowS 2'.()" or 3 mi~ng angIeg 2'.8" #20 3-doo(s 40" or ll'clieving angle 4'-0" #21 remove and .reinstall or replace ~ light ihturu #22 1050 SQFT brick and add 210 SQFT fot 6' parapet WEST SJDE b.rick will not be required #23 demo ov<<1wtg 8() man lwurs #24 add:l down lJlOUi$ j,~1' IIide6 total #25 add shOrt wapet ? #26 dumpsters 3.30 yard at 300$ or 900$ total P.05 ~.02: MAR-31-97 MON 11:40 AM ADOLFSON PETERSON FAX NO. 16125252340 P. 03 e3/ZI/I"7 ee.55 FROM ROOF TeC~, INC. TO 52S:l333 F.92 ........... HOOf TtCH . JNC. Commercial Roofing ond Watetproofing ~C.J"~: l~ --;~Y.... _..:..-:l 7 '7 March 21. 1997 Mr. Craig Kronholm . Adol1son &. peterson, Inc. 6701 We9t 23rd Street MiMaapolis. MN 55426 Re: Andover City Hall - Reroof Craig, Below you will find a break-out for the Deducts and Acids for Changing the to a parapet for the Existing City Hall Roof, and an Add priCl! to install Prefj . Soffits at Doors 111 A and 112A. '-[737 /00/(, - 117> 7 ( 52 -;> ~ I I . Change Edge Condition at the Existing City Hall. DEDUCT: . Materia!s: 80 mil EPDM: 3/4' WoodfibGr Bd: Bonding Adhesive: 3/4" Plyvvood: . 6- Cover Slrip: 12" Drip Edge: Cover Plate: Keeper: 15SS Sf @ $O.41/8f ... 1566 Sf@$O.21/8f"", 26 GaI.@ $14.00/GaI '" . 205 $f @ $O.61/Sf = 410 lft@ SU5/lft '" 410 Lft@ $1.50/lft = 41 Ea @ $3,OOlEa '" 410 Lft @ $O.40/Lft .. $642.00 $328.00 S3G4.00 $1f3e.OO $471.00 S615.00 $123.00 $16:4.00 . Total Materials: . $2.673.00 labor. 4 Men 8 Hrs. @ $44.80/Hr ... $1.434.00 T otaf Labor: Total Material & Labor: 10% \YIlIrk-up: ~1 ,434.00 $4,307.00 ~.OO Total Decklct Amount: <$4.737.00> 1 ~o North 678t Street Court. P_O. Sox 7(}(J Sf;/lwater, MN 66C82 . (612) U1-13C2 . .Fex: (612) .301-7 MAR-31-97 MON 11:40 AM ADOLFSON PETERSON eJ-21/1"7 eS:~6 FF,OI'l ROOF TEcH. lljC. ADD: Materials: GO mil EPDM: a"RTS: . Plate & Fastener: Primer: Seam Adhesive: etlncllng Adheslva: 9" Uneu~d ~POM: . CnekElts: 24' Cap: Cover prat~3: Keeper: . Scuppers: . 1750 Sf @ $0.41/$1 .. SSO UI @ $O.401Ut = 350 Ea @ SO.30lEa =. 3 Gal @ S9.50/GaI = 4 GaI@ $19.oo/GaI = 24 Gal@ $13.00/GaJ :; 50 lft @ $O.G5JLft = 1 Lot @ $1.048,00 = 350 Lft @ $3.1 SlUt ~ 37 Ea @ $3.oolEa c: 350 lft @ SOAOllft '" a Ea @ $4O.00/Ea _ T01aI Material: Labor: 4 Men e Hrs 3.3 Days @ $44,5QlHr == Total Laobr: Total MaterklJ &: Labor: 10 IJ{, Mark-up: TotelI Add Amount: Add Prefinished Metal Soffits at Doors "111 A and 112A. Atomic Sheet Metal Price: Roof Tecli 10% Mark-up: Total Add Amodrit: FAX NO. 16125252340 TO 5252333 $718.00 $140,00 $105,00 $29.00 $76.00 $312.00 $33.00 $1 ,048.00 $1,102.00 $111.00 $175.00 $240.00 $4,069,00 $5,017.00 $5.017.00 .$9,108.00 $910.00 $10,016.00 $400.00 $40.00 $440.00 Please feel free to contact US with any questions.that you may have. SIncerely, ~rt?9ft~ . Brian D. Brezinka Estimator/Project Manager ~It::: TOTR~ P.1l3 P. 04 P.1l3 KIM MELLEM f3760 NW ZILlA ST. ANDOVER, MN 55304 754-5150 My neighbors are nice people. My concern has nothing to do with them personally. My concerns are with their dog. I am a licensed Child Care Provider and a mother of two and it is important for me to keep the children safe. I should not have to worry about the neighbors dog coming into my yard and biting any children. This dog has bitten three times that I know of or have witnessed and I, along with my daycare families want something to be done. The dog owners have not (until I called the police after the third biting incident) done anything to keep the dog leashed. I realize that there are two small children that live in that home that sometimes let the dog out but it is my responsibility to keep my day care safe and it MUST be their responsibility to keep the dog tied up. After all, there IS a leash law in Andover. INCIDENTS: Thursday, March 13th. 'Lucy' was witnessed by myself and four other neighbors, chasing a Kindergartner on his bike. I hollered over to one of the homeowners that 'Lucy' was scaring the little b,but nothing was done. 'Lucy' chased the little boy up my driveway, bit at his ann and the boy fell off of his bike and landed in four inches of water at the bottom of my driveway. Six to eight months ago. My two boys were at their house delivering a fund raiser and 'Lucy' bit my four year old but did not leave a mark. My son came home crying and scared. Tuesday, March 18th. 'Lucy' bit my eight year old in the leg and left a pretty bad mark. The dog came onto MY property. I believe you have the information on the police report. The dog is always out and unleashed. The whole time they have owned the dog. It barks CONTINUALLY and my day care parents and I feel it is an aggressive dog. Although 'Lucy' is small in size, her biting and aggressive behavior should be taken seriously before a small childs face gets bitten. The dog has also been out at least TWICE since the day she bit my eight year old and the police were called.