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Home My WebLink AboutCC May 6, 1997 / CITY of ANDOVER / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - May 6, 1997 agenda Fire Truck will be on display prior to meeting Call to Order - 7:00 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes Badge PresentationlFirefighters Discussion Items 1. Timber River Estates Geotechnical Report/Continued 2. Preliminary PlatlEcho Hills 2nd Addition 3. Special Use PermitlPUDlNightingale Preserve 4. Preliminary PlatlNightingale Preserve 5. Comprehensive Plan Amendment/Section 22, 29 & 30 6. Discuss New Location/95-12/Well #6 7. Discuss Hamilton Square Request for Private Construction of City Maintained Streets and Utilities. EDA Meeting 8. Land Purchases Reports of Staff. Committees. Commissions 9. Schedule Special Meeting with Park & Recreation Commission 10. Comprehensive Plan Task Force/Appoint Member/Acting Chair Non-Discussion/Consent Items II. Rezoning/Chesterton Commons, Continued 12. Approve Tree Trimmer Licenses 13. ASUPlRiverdale Assembly of God 14. Approve Supplier/Playground Equipment 15. Approve Plans & Specs/95-24/Coon Creek Bikeway/Walkway Trail 16. Accept Petition/97-22/1736 Andover Blvd NW/SS & WM 17. Approve Resolution/Spending MSA Funds OffSystem/97-14/Prairie Road & Bunker Lk. Blvd. 18. Allocate Future MSA Funds/97-14/Prairie Road & Bunker Lk. Blvd. 19. Approve Plans & Specs/97-5/Woodland Estates 20. Approve Plans & Specs/97-7/Crown Pointe East 2nd Addition 21. Declare Cost/Order Hearing/93-17/Crown Pointe 22. Adopt Ord. 213 - Non-intoxicating Liquor Ordinance 23. Adopt Ord. 214 - Diseased Shade Tree Ordinance 24. Adopt Ord. 218 - Parking Ordinance 25. Adopt Ord. 219 - Noxious Weeds Ordinance 26. Adopt Ord. 220 - Licensing of Excavators 27. Adopt Ord. 221 - Individual Septic System Ordinance 28. Approve Ord. Summary - Ordinance # 222 - Adult Uses 29. Comprehensive Plan Task Force Update 30. Special Use PermitlNextel Communications/Antenna (Exceeding 35 feet in Height) 31. Approve Quotes/Refrigerator/Sunshine Park 32. Approve Final Plat/Crown Pointe East 2nd Addition 33. Purchase Tax Forfeit Land 34. Internship 35. Order Public HearingINo-Wake Ordinance/Rum River 36. Order Plans & Specs/96-15/Public Works Expansion 37. Approve Plans & Specs/96-15/Public Works Expansion 38. Award Bid/94-33C/Contaminated Soil & Debris Removal Mavor-Councillnput Payment of Claims Adjournment Bookmark Name minutes badge report ppecho2 pudnight ppnightp cpamend disc9512 hamilton land spmtg appoint / chestertn treetrim riverdale supplier ps9524 pet97 - 22 msafunds fund9714 ps975 ps977 dclr9317 ord213 ord214 ord218 ord219 ord220 ord221 ord222 update nextel refrig fplatcpe land internship nowake ps9615 appr9615 bid9433c CITY OF ANDOVER REQUEST FOR COUNCIL ACTION . \ ) DATE: May 6. 1997 AGENDA SECTION Approval of Minutes ORIGINATING DEPARTMENT City Clerk ~.~ . ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: April 15, 1997 Regular Meeting April 15, 1997 EDA Meeting April 15, 1997 Special Meeting ) April 15, 1997 Special Closed Meeting \ I , J , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION . DATE: Mav 6. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Item Fire Department Dan Winkel, Fire Chief j) u! ITEM NO. Badge Presentation/Firefighters REQUEST The City Council is requested to acknowledge the following firefighters who have successfully completed their probationary period, As in the past, the firefighters will be present to accept their badges from the Mayor and Council. Tom Beberg Rick Bickford Paul Blesi John Carpenter Jennifer Podany Tim Rossmeisl Rob Strandlund John Wallace counci19,doc \ J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: May 6 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson,~l Engineering ITEM NO. Timber River Estates Geotechnical Report/Continued. /. The City Council tabled this item at the March 18, 1997, Council meeting. At the time of writing this agenda item, staff had not yet received a list from the developer's geotechnical engineer of similar residential sites that would have had similar draintile systems installed. We will be working with the developer's geotechnical engineer to investigate possible locations and provide a report to the Council at the meeting. ) , ! , J CITY OF ANDOVER REQUEST FOR CITY COUNCIL ACTION DATE May 6,1997 AGENDA ITEM 01. Preliminary Plat Echo Hills Second Addition Robert Heliker & Vivian Meyer The City Council is requested to review and approve the preliminary plat of Echo Hills Second Addition located in Section 8, Township 32, Range 24, Anoka County, Minnesota as requested by Robert Heliker and Vivian Meyer. ORIGINATING DEPARTMENT Andover Review Committee General Comments I J . The proposed preliminary plat is currently zoned R-l, Single Family Rural. The proposed plat is currently outside the Metropolitan Urban Service Area (MUSA) and will be developed with private individual wells and septic systems. . The proposed subdivision consists of 7 single family residential lots. . The developer and/or owner is responsible to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Lower Rum River Watershed Management Organization, LGU, MPCA and any other agency which may be interested in the site.). There are variances being requested with the proposed preliminary plat. Variances being requested are as follows: A. A variance to Ordinance No.8, Section 6.02 is being requested for the lot width for Lot 1, Block 1. Section 6.02 requires a minimum width of 300'. A variance of 60' is being requested. '\ B. A variance to Ordinance No.8, Section 4.05 is being requested for the existing accessory structure (pole barn) on Lot 2, Block 1. Section 4.05 requires accessory structures (pole barns) to be located a minimum of sixty (60') feet from the front lot line when they are located closer to the front lot line than the principal structure. The pole barn is located 40' feet from the front lot line, therefore a 20' variance is being requested. Section 4.05 also requires accessory structures located closer to the front lot line than the principal structure to be of similar design and exterior finish as the principal structure. The pole barn meets this provisions as well as the existing detached garage on Lot 2. J C. A variance is being requested to Ordinance No.8, Section 4.05 for the existing accessory structure (detached garage) on Lot 3, Block 1. Section 4.05 requires accessory structures (detached garages) to be located a minimum of sixty (60') feet from the front lot line when they are located closer to the front lot line than the principal structure. The detached garage is located 40' feet from the front lot line, therefore a 20' variance is being requested. Section 4.05 also requires accessory structures located closer to the front lot line than the principal structure to be of similar design and exterior finish as the principle structure. The detached garage meets this requirement. Planning and Zoning Commission Recommendation The Commission recommends to the City Council approval of the preliminary plat with the condition that the developer consider relocating 168th Avenue NW twenty (20') feet to the south to eliminate the variances for the accessory structures. The developer has examined shifting or relocating 168th Avenue NW to the south and has found that this would effect the buildability of those parcels south of the street. Park and Recreation Commission Recommendation The Commission reviewed the preliminary plat at their April 17, 1997 meeting. The Commission recommends the acceptance of cash in lieu of land. . / 8.01 IDENTIFICATION AND DESCRIPTION a. Proposed name is Echo Hills Second Addition. d. Scaleis I" = 1 00' g. The preliminary plat was prepared by Caine and Associates and the grading, drainage and erosion control plan was prepared by MSA Consulting Engineers. 8.02 EXISTING CONDITIONS b. Total acreage is 24 acres c. The existing zoning within 300 feet of the proposed plat has been shown. f. Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on preliminary plat per ordinance requirements. g. The boundary lines within 100 feet of the plat have been shown along with the names '\ of the property owners. ) " h. A Tree Protection Plan has been submitted to the City for review and approval. j j. A soil boring report has been received by the City. 8.03 DESIGN FEATURES a. The proposed right-of-way as indicated is 60 feet. c. The storm drains and street plan/profile will be designed by the developer's engineer and approved by the City Engineer prior to any construction. g. The setbacks for each lot are shown for the single family residential area. h. The proposed method of disposing of surface water has been shown on the grading, drainage and erosion control plan. A final review by the City Engineer shall be required. 8.04 ADDITIONAL INFORMATION b. Water supply will be by individual private well. c. Sewage disposal facilities will be private individually septic systems. f. Flood Plain Management is regulated by City of Andover and the Lower Rum River Watershed Management Organization (LRRWMO) (see Section 9.04(b) for additional information regarding the 100 year flood elevation). g. Street lighting is required and the installation costs will be paid for by the developer. j. The total linear road mileage for the proposed plat is 0.2 miles. k. Location of Area Identification Signs. Special Use Permit required. Application has not been made. 9.02 STREET PLAN a. The typical section, right-of-way and grade are indicated on the preliminary plat. 9.03 STREETS a. The proposed right-of-way is shown as 60 feet which conforms to standards by classification. I / , / n. Boulevard is required to be 4" topsoil, spread, seeded, mulched and disc anchored. 9.04 EASEMENTS b. A drainage easement has been shown to follow the 100 year flood elevation. 9.06 LOTS e. The developer is responsible to obtain all necessary permits from the LRRWMO, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 9.07 PARKS, PLAYGROUNDS, OPEN SPACES Park dedication as recommended by the Park and Recreation Commission and approved by the City Council. -' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO -97 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF ECHO HILLS SECOND ADDITION BY ROBERT HELIKER AND VIVIAN MEYER LOCATED IN SECTION 8, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and comments were favorable; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council approval of the plat subject to the following: 1. Variance to Ordinance No.8, Section 6.02 for lot width on Lot 1, Block 1 (60' variance). \ J 2. Variance to Ordinance No.8, Section 4.05 for the accessory buildings being located closer than 60' from the front lot on Lots 2 & 3, Block 1. A 20' variance is being requested. 3. The developer obtains all necessary permits from the Lower Rum River Watershed Management Organization, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 4. A street/storm sewer plan and profile being reviewed and approved by the City Engineer. 5. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. 10, Section 9.07. Adopted by the City Council of the City of Andover this 6th May , 19-2L. day of CITY OF ANDOVER ATTEST: , J.E. McKelvey, Mayor / Victoria V olk, City Clerk Regular Planning Commission Meeting April 8, 1997 - Minutes "' Page 2 Commissioner Wells asked what the purpose of the addition is. Pastor Hale, Riverdale Assembly of God Church, explained that it is for Christian education, offices and a nursery. MOTION by Leudtke, seconded by Leudtke to open the public hearing. Motion carried. Mary Ann Hughes, 13559 Narcissus Street NW stated that her property backs up to the church and she asked how far back the addition will be and if the parking lot will be expanded. Mr. Johnson explained that the proposed addition will line up to the existing parking lot. The parking lot will not be expanded. Pastor Hale noted that this is the first phase of a three phase project. In the last phase they will be joining the gymnasium with the existing building. They don't know how much of the acreage will be used during the entire process. If they don't need the entire parcel, they will possibly let itgo for real estate development. MOTION by Leudtke, seconded by Barry to close the public hearing. Motion carried unanimously. MOTION by Squires, seconded by Wells that the Planning and Zoning Commission recommend to the City Council approval of the Amended Special Use Permit requested by the Riverdale Assembly of God Church as presented. Motion carried unanimously. This will go to the City Council on May 6, 1997. Public Hearin~/Preliminary Plat/Echo Hills Second Addition Mr. Carlberg noted that this is a public hearing for the preliminary plat known as Echo Hills Second Addition as being developed by Robert Heliker and Vivian Meyer. The property is 24 acres in size with 7 residential lots. It is currently zoned R-l, single family rural. The plat is outside of the Metropolitan Urban Service Area and will be developed with individual wells and septic systems. The developer is responsible to obtain all necessary permits such as those required by the DNR. Army Corps of Engineers, Lower Rum River \Vatershed Management Organization or any other agency which may be ., interested in the site. A 60 foot variance is being requested for Lot I, Block I as the -~ - / \ Regular Planning Commission Meeting April 8, 1997 - Minutes Page 3 / required lot width is 300 feet. A variance is also being requested for the existing 30'x60' pole barn on Lot 2, Block I as it is closer to the front lot line than the principal structure. The ordinance also requires accessory structures located closer to the front lot line than the principal structure to be of similar design and exterior finish as the principal structure. The pole barn, as well as the existing detached garage on Lot 2, meet this provision. The Park Commission will be reviewing the plat at their April 17 meeting and will most likely recommend cash in lieu of land. Commissioner Wells expressed concern that with the river rising as it has been this property may have the potential of flooding.. Mr. Carlberg explained that there are a few houses in the city where the water may reach them but the water has not reached the 100 year flood elevation at this time. He didn't believe that the flooding would affect the development of this plat. Commissioner Leudtke asked if 168th Avenue would ever be extended to the west. Mr. Carlberg noted that it could extend if the turkey farm operation ceases and that property is developed. > Chairman Peek questioned if this plat consists of one separate parcel. Mr. Carlberg explained that it is two parcels and that there is one existing driveway that serves both. Commissioner Squires felt that if 168th A venue is pushed 20 feet to the south the variances would not be required. Commissioner Apel didn't think that moving a road 20 feet would justify not having variances. Mr. Carlberg stated that they would check out the possibility of moving the road. MOTION by Leudtke, seconded by Gamache to open the public hearing. Motion carried unanimously. No one in the audience offered any testimony regarding the plat. MOTION by, seconded by Wells to close the public hearing. Motion carried unanimously. Chairman Peek supported the recommendation to move the road to eliminate the Yanances. . / Commissioner Wells once again expressed concern regarding the drainage and the possibility that the property could flood. Mr. Carlberg explained that the building pads Regular Planning Commission Meeting , April 8, 1997 - Minutes .. j Page 4 have to be above the 100 year flood elevation. The post development rate of runoff cannot exceed the pre-development rate. Staff has not heard of any of the existing structures flooding. MOTION by Leudtke, seconded by Barry to forward to the City Council approval of the preliminary plat of Echo Hills Second Addition with the condition that the relocation of 168th Avenue 20 feet to the south to eliminate the variances be considered. Motion carried unanimously. This will go to the City Council on May 6, 1997. Comprehensive Plan Amendment Relatin~ To MUSA Expansion and Pilot Land Development .I Mr. Hinzman asked that the Commission review an amendment to the Comprehensive Plan relating to areas of the 1996 MUSA expansion that do not conform with the Comprehensive Plan. Pilot Land retains ownership of 11.5 acres of land in the proposed amendment and requests that it be designated RM, Residential Medium Density. The other property involved is a 171 acre piece located at approximately Bunker Lake Boulevard and Round Lake Boulevard. This parcel is mostly wet, with only 20 to 30 acres being buildable. , '. Mr. Hinzman noted Pilot Land proposes to construct min homes on the 11.5 acre site. In order to allow for a multiple family district rezoning, an amendment to the Comprehensive Plan is required. MOTION by Squires, seconded by Barry to open the public hearing. Motion carried unanimously. No one appeared to offer testimony regarding this item. MOTION by Leudtke, seconded by Wells to close the public hearing. Motion carried unanimously. Commissioner Wells asked if there had been any contact with the School District on this amendment. Mr. Hinzman stated that there has been none but they could respond when the property to the north of Oak View Middle School develops. '. ~ to... '\.~~ 11~ ',~I, ~~~ :-'11'-'-' 100..""-- ~ ".~t... 1-. '. -.- I I - I ;i!.f.~ I:~ ~ ... ~1~4:~~:-~i' " / ' '\- R:~..., .~' ..oJ~ ~~ " ,'u =a. ~2~ . ., ~ : ".: r. _ . ~ . -~ - -'~ - -L I 1 . I I I' " _' '_ ~~~N - " .' ~~ ~t..r: ~~. ~'-- 6..r~"-:IQ: I 1- 'll"_T-::r,.~ ~,_",,~' ~ '- :- / ~ ~In\..:: 4:~,<,' . .;s. i..' I ',I . I .1' ~ I' I''''.n:~ 'r \ ," ...' "",,'11 ~isl./......:o-.* =.I I I ..t r"C "'" .T~ ..;;.../- ...... .,. .ril.:."I: f::r -; : ......~ . 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V' - . ~~ F' ~. , _".~ .?Jl . .-1t;'~j~~~~f~,':~~$~~' 'J' I of': I ~.~~ ~~~ F.71:r _ '.::l~ ,/1. -- ',: ,..:....". ~~~~~ ;'9 ':'~-l' ~:j. lGi . 'K'").~ . l'~"';(E.~q;,U " , ~ ~ '!, -d!lt-~~~, ' )'-:-, J-j ._ ,,:;:,~ -,7~ Zoning Map '\~'-~'~.;:--.' -" R-I /..- . -A'-': Ie '.~ -:/?"t,;' Io( G_ '\- .... '-r. 4 ."". . I . \ . JIiAl- ~. . . I I \: . "" 6. 1 '--- ..... '.""! #.~ t '. , ~. iJ . "'" " 'I . STATE 't ~ _,I~~~t\O . xiz:5~f.;r" 4"~Ei/OE ,1:3 ...: . ~ ,..,~. I)N -, ' . '!...-- --I r z, r- ~ . r.rr--.. . . /0 '. , . ___.~~ 2 w ~ , \ '- j .;_ 'X'. ~. " .~.-1 ..~ t!:, a. ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA ~ SECTION May t>, 1')') / ORIGINATING DEPARTMENT DATE APPROVED FOR AGENDA Discussion Item Planning u . ~8Y: ITEM ~ ...3. Special Use Permit - PUD Section IS, Township 32, Range 24 Nightingale Preserve - Nightingale Partners David L. Carlberg Community Dev. Dir. The City Council is asked to review and approve the Special Use Permit request of Nightjngale Partners, LLP to develop a Planned Unit Development (11 single family homes under "density zoning" provisions) on the property legally described on the attached resolution. \ Background j For background information on the request. please consult the staff report and the minutes from the April 22, 1997 Planning and Zoning Commission meeting. Planning & Zoning Commission Recommendation The Planning and Zoning Commission reviewed the Special Use Permit request for a Planned Unit Development on April 22, 1997 and recommends to the City Council approval with the conditions as listed on the attached resolution. , j MOTION BY: SECOND BY: . , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -97 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF NIGHTINGALE PARTNERS, LLP FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP SINGLE F AMIL Y RURAL RESIDENTIAL LOTS/HOMES TO BE KNOWN AS THE SUBDIVISION OF "NIGHTINGALE PRESERVE" ON THE PROPERTY LEGALLY DESCRIBED BELOW. WHEREAS, Nightingale Partners, LLP has requested a Special Use Permit for a Planned Unit Development to develop single family rural residentiallots/homes to be known as the subdivision of "Nightingale Preserve" pursuant to Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance Regulating Planned Unit Developments on the property legally described as follows: The Southeast Quarter of the Southwest Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota; and ;' WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission fmds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance Regulating Planned Unit Developments; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. \ NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Nightingale Partners, LLP to develop a Planned Unit Development on said property with the following conditions: / J Page Two Resolution Special Use Permit - Planned Unit Development Nightingale Preserve - Nightingale Partners, LLP 1. All variances associated with the approval of the Special Use Permit for the Planned Unit Development shall be approved with the approval of the preliminary plat. 2. That the Special Use Permit shall be subject to a sunset clause as defmed in Ordinance No.8, Section 5.03(D). 3. The Special Use Permit for the Planned Unit Development shall be contingent on the approval of the preliminary plat of Nightingale Preserve. Adopted by the City Council of the City of Andover on this 6th May . 1997 day of CITY OF ANDOVER . / ATTEST J.E. McKelvey, Mayor Victoria V olk, City Clerk / \ ) CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSI~1 ~J?U~ DATE AGENDhbIfiMH . S . I 4. c earmg: pecla Use Permit - Planned Unit Dev. Nightingale Preserve Nightingale Partners, LLP ORIGINATING. DEPARTMENT 1" lannmg David 1. Carlberg Community Development Directc APPROVED FOR :~ BY: Request The Planning and Zoning Commission is asked to review the Special Use Permit request of Nightingale Partners, LLP for a Planned Unit Development to develop a single family rural development to be known as "Nightingale Preserve". The property to be developed as the plat of Nightingale Preserve is located in Section 15, Township 32, Range 24 as shown on the attached location map and is legally described as the Southeast Quarter of the Southwest Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota. , ) Applicable Ordinances Ordinance No.8, Section 3.02, defmes a Planned Unit Development (PUD) as having (2) or more principal uses or types of structures on a single lot or parcel of land and developed according to an approved plan. A PUD shall include townhouses, single and two family homes, apartment projects involving more than one building, residential subdivisions submitted under "density zoning" provisions, multi-use structures, such as an apartment building with retail at ground floor level, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. Ordinance No.8, Section 3.02, defines Density Zoning and states that it shall be interpreted to mean the permission of lower density (lot areas) standards under conditions whereby the number of dwelling units permitted is not greater than permitted by the application of the regular provisions of the Zoning District, but with all land excluded from the lot area requirements added onto public or semi- public open space. The City Council may increase the density under the application and provisions of Ordinance No. 112, An Ordinance Regulating Planned Unit Developments. \ / Page Two 'J Special Use Permit - Planned Unit Development Nightingale Preserve - Nightingale Partners, LLP Planning and Zoning Commission Meeting April 22, 1997 Ordinance No.8, Section 4.18, Planned Unit Developments was amended on May 7, 1996 and states that Ordinance No. 112 shall regulate Planned Unit Developments. Ordinance No.8, Section 4.20, Density Zoning, states that single family homes may be excluded from lot area and setback requirements provided a Special Use Permit is issued under the terms and requirements of this ordinance and Ordinance No. 112. This Section also states that the Council may require all land excluded from the lot area to remain in private ownership. ) Ordinance No. 112, regulates Planned Unit Developments. The purpose of this ordinance is intended to provide for and permit flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. The flexibility is achieved by waiving or varying from the provisions of Ordinance No.8, the Zoning Ordinance, including lot size, setbacks, height and similar regulations, while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the City of Andover and its inhabitants. Attached is a copy of Ordinance No. 112 for Commission review. Ordinance No.8, Section 5.03, regulates the Special Use Permit process, outlining conditions and procedures. Ordinance No.8, Section 5.03, Special Uses, also establishes criteria in reviewing Special Use Permit applications. These criteria include: the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land, the existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. . J Page Three , ) Special Use Permit - Planned Unit Development Nightingale Preserve - Nightingale Partner, LLP Planning and Zoning Commission Meeting April 22, 1997 General Review The proposed Planned Unit Development of Nightingale Preserve encompasses 38.6 acres and consists of 11 single family rural residential lots. Lot sizes range from 1.04 acres to 2.7 acres with an average lot size of 1.71 acres. Please refer to the Preliminary Plat, Planned Unit Development for Nightingale Preserve in your packet for specific site design details. \ / As stated earlier in this report, developing property under the Planned Unit Development provision allows substantial variances to certain Zoning Ordinance requirements. Please note that variances are being requested to the lot area, and lot width requirements. Variances would be needed as a condition to the approval of the Special Use Permit for a Planned Unit Development. There are also variances to Ordinance No. 10, the Platting and Subdividing Ordinance in regard to buildable area requirement of the 150' x 150' building pad and to the length of the cul-de- sac. These items will be discussed during the preliminary plat review. The proposed PUD does not provide for a density increase of20% above the zoning district requirement as provided in Ordinance No. 112, Section 4(8). The developer is proposing all common open space areas and park areas to be controlled by a homeowners association. Ordinance No. 112, Section 4(6) provides options for the operation and maintenance requirements for PUD common open space/facilities. , j Page Four Special Use Permit - Planned Unit Development Nightingale Preserve - Nightingale Partners, LLP Planning and Zoning Commission Meeting April 22, 1997 Commission Options A. The Andover Planning and Zoning Commission may recommend to the City Council approval of the Special Use Permit requested by Nightingale Partners, LLP for a Planned Unit Development to develop single family rural residential lots/homes on the property legally described on the attached resolution. The Commission finds the request meets the criteria of Ordinance No.8, Section 4.18 and Ordinance No. 112, PUDs. \ The Commission also fmds the request meets the criteria of Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestion or hazards; the use will not depreciate the surrounding property; and the use is in harmony with the Comprehensive Plan. B. The Andover Planning and Zoning Commission may recommend to the City Council denial of the Special Use Permit requested by Nightingale Partners, LLP for a Planned Unit Development to develop single family rural residential lots/homes on the property legally described on the attached resolution. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No. 112 and Ordinance No.8, Sections 4.18 and 5.03. In denying the request, the Commission shall state those reasons for doing so. C. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. , / lH~ ~',.~ I { \,... .,....." "/ \ .~c~ I r~~~~.:-~- It ~ · il 2... ... >......r.!; ~:"0. V?- /. Ml\ ./ ~~ - 4 ,J ~ ,1 r.:/" .r-.;r .f:.. ' - 1/-,,-, 7 ..( ,~ r-)l' ~ I ~ } '..1.- ....~~ ^" T~ (~~ I '- r-'/. -1...,,-- ~ L', \ 1"-, . : ,c:.. - ';~: ..J.. ~ I r'<"1? : ~~u':~(\ liR "t--.,)/' I.) : . ......, Sf .. I I_!): f--' - - ~ ~ '-~~ . ='=--{{2 :Am: .~ ~~\:\.~. /~~ i ~ ,- ".7/ "0 -j J~ ::;;:.:/h?\<f;;~;:,~:~;:~;::;,:':':~:: r :"~\)?S f- ~ / ,. ,,"..,.. ,", ',--,' ,,". ,,(( / " l"'. JI :.'" ,.", ......, ....:...:.,..., " ..... . .... 11NG . \ J ~ ~. I ::~: ':':~'~':':':-::;'.-:":.~":": ~&llf ~GE - .. :::' .;:.:,,:,:'::':::-:.' '::.: l' · · r',', 43 RIO, 2 I ..-J~ ':(::;;;(5:>. 7 · · ~ ',,~ "- - 'i . " · .1 · I 0 IIMHr-..J; C$TATCS 'l: ,\NfGHT{HGAU , .s:m::Mr1 -!<<,n-IDN 1/ ... . ~ .!. I Nt, E E~Ti~~ 0 "'ST'1~~ a . I lJRD. '::___- i · ~ ~ !. i ----------l- _ l- I j:::.:' ':<:::~:i~~~::': t:.:.::,::;/ .>. ~ : i~;~;~; Zoning Map ~ I . . - "/;":' ",-(1"- .l '3 .. r I L 1... 1 ) - ~ 1_.- _ _g 1-1 !'~ : ~ I i 1 ----- .~~ ~ i o~~~ I i ,..... i ~~J '~'.-. " ~/ I I 0 0 I I , ....,. , .. 1.(: ... Ii Ii --- ,: I I I I I /' I " ..., I . s,,~ : ~o~~ 1 'J.-1~, ...... .............-.......---.......:'..r - - - - ""E- ;11 .~~ I ~ __, V..\: ..\ , . 'I J..., ~:~l p sc ..- ..' ". ,.-:........ ." .. . t,.i6,;.;;-l.; . , " . CITY of ANDOVER 1685 amssTOWN BOULEVARD N.W. · ANDOVER. MINNESOTA 55304 . (812) 755-5100 SPECrAL USE PERMIT Property Address 15744 Nightingale St. NW Legal Descriptian of Property: (Fill in whi~ver is appropriate): The SE 1/4 of the SW 1/4: Section 15, T32, R24 Lot Block Addition PIN R15322t340001 00551290 (If metes and bounds, attach the complete legal description.) Is the property: Abstract x or Torrens ? (This information must be provided and can be obtained fro. the County. ) ---------------------------------------------------------------- Reason for ReqRst To utilize a Planned Unit Development (P.U.D.) on the subject property (see attached letter) ./ Section of Ordinance 4.18 Current Zoning R-1 ------------------------ ------------- --- ----- ---- ------------.-- Name of Applicant Nightingale Partners, L.L.P. Address 840 W. Broadway Ave., Forest Lake, MN 55025 Home Phone ~~8 Business Phone 464-7070 Si9~;~___G-- ::---:-~ Date 2---(~97 ---------------------------------------------------------------- Property Owner (Fee Owner) (If different: from above) Same Address Home Phone Business Phone ... J 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 location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property . Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property Torrens property 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) $200,00 ~ $100.00 <.$25.,00' $40,00 ./ /) b jJ r1S. Date Paid +1'{,/41 Receipt# ~770.3 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, / I I I I I I G,A:r...e: P AR'TNERs . .L. 1:. _' p _ 54) w_ BROADWAY AVKN'1:JL1: lrO U:!:S-r---:tAK:E. MN 550:;~5 .64-7070 i I I I . I I I Y PIonnt. eVl!frd . 55304 ! I Carlber~: I there are seve~al reasins that we wisb to utllizk A pI~n~~d unit evelopmeat t elust.er! thn hOllesites in OUt' '!f"v'i1oPIlIf,'nL Tho f'rut reIat~H l. th. ~o~o~rephy of the sit~. Clu~terin~ _ t~ke~ the bast ~dva~te~e orlthe hiah land ~ilhout disburbing of . tDt~r~erinl ~ith th, uetlsud.. 'Secondly, the ~lu~t~~.D~ ur Qur Jut", ",ll o"'s us to p -eserve i hlrger portioD of I h,. $i~c for the use apd enjoyment o' the ru~ure residents. rhBrp- will br,minimal ilnpar~ to the wildl.-rtt and datura] 'Y~lf"I.Cltl\)n 00 lb..... ~ite. Therp. lOa. strODI1 eQCourng'lIIent frqq the: slaff and b"l1rd lIIe_,ers 10 .'. ~ODsj~er this optiol for the above reaSOD9 as well aslnth~r~, ',A, de.., :O'}~::::..:: u:: :::t::'::'::::.:h:: :~:C~u;.ru, .,... tor t e use and eaj 1Jllent O~ the r~sidQnts who I'ul'clln~e in th~ devel pmen~. ~ay 1 prove.e~ts Lo the open Kpnce wou14 violatp t~e int~nt of land r08erv6t~on. i I I ; J homeowners a.sociatiob will be set up with Q~C~ l~l t'''''c.i~inlr:an equul ercenll:!e~ of" ownership. The cill' ;would not h:l\Ie 1ny liabt! ity ith regard t.el th(': comlDon a:-ea~, : I I i ! ...---!'i. CO" !l:.; cr._ c. ~~--~ I ; Michael E. Musk!' i I Nightingala Parlnerk : I I i i ! i i I i I ) Davi City 1685 Ando ,: I I . . ...."''"i U'-'- I . Carlberlf, Ci of .\ndaver Crosstown Bou Minnesota !'ebr~ary l4. 1997 I I I .. '..~~~~;-,:.: -.;' -.-~:...-. .-4_';..... ---:..:." . .-.~ ~'7 _ .-.;~~~-: ..~.;~;._\ ~4:'- .~ , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / ORDINANCE NO. ill AN ORDINANCE REGULATING PLANNED UNIT DEVELOPMENTS (PUDS) IN THE CITY OF ANDOVER Section 1. Pur:pose. This Ordinance is intended to provide for and permit flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. This flexibility can be achieved by waiving or varying from the provisions of Ordinance No.8, the Zoning Ordinance, including lot sizes, setbacks, heights and similar regulations, while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the City of Andover and its inhabitants. Planned Unit Developments encourage: 1. Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and siting of structures and by the conservation and more efficient use of land .;., / in such deve10~ents; ! 2. Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects; ~ 3. More convenience in location and design of development and service facilities; 4. The preservation and enhancement of desirable site characteristics such as natural topography, geologic features and the prevention of soil erosion; 5. A creative use ofland and related physical development which allows a phased and orderly transition of land from rural to urban uses; 6. An efficient use ofland resulting in smaller networks of utilities and streets thereby lowering the development costs and public investments; / 7. A development pattern in harmony with the Andover Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principles.) / ./ 8. A more desirable and creative environment than might be possible through the strict application of the zoning and subdivision regulations of the City. '. Section 2. Definition, Planned Unit Developments (PUDs) shall include all developments having two (2) or more principal uses or structures on a single parcel of land which shall include townhouses, single and two-family homes, apartment projects involving more than one (I) building, residential subdivisions submitted under density zoning provisions, multi-use structures, such as an apartment building with retail at ground floor level, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. Section 3. Zonin~ District Supplement. A Planned Unit Development (PUD) District is supplementary to a zoning district within or encompassing all or a portion or portions of one or more original districts in accordance with the provisions of this Ordinance and the Zoning Ordinance. As used in this Ordinance, the term "original district" shall mean a zoning district as described in Ordinance No.8, the Zoning Ordinance. \ Section 4. General Requirements and Standards. ') , ) 1. Ownership' An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the Approved Pinal Plan or Plat shall be binding on all owners. 2. Comprehensive Plan Consistencv: The proposed PUD shall be consistent with the Andover Comprehensive Plan. 3. Sanitary Sewer Plan Consistencv: The proposed PUD shall be consistent with the Andover Comprehensive Sewer Plan when applicable. 4. Ordinance Consistencv: The proposed PUD shall be consistent with the intent and purpose of City Ordinance provisions relating to land use, subdivision and development. , , , i ) 2 / 5. Common Open Space: Common open space at least sufficient to meet the minimum density requirements established by the City shall be provided within the area of the PUD, except as provided in Subsection 8 below. , '- 6. Operating and Maintenance Requirements for PUD Common Open SpacelFacilities: Whenever and wherever common open space or service facilities are provided within a PUD, the PUD shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a pre-determined reasonable standard. Common open space and service facilities within the PUD may be placed under the ownership of one or more of the following, as approved by the City Council: a. Dedicated to public, where a community-wide use is anticipated and the City Council agrees to accept the dedication. b. Landlord control, where only use by tenants is anticipated. .- \ c. Property Owners Association, provided all of the following conditions are met: , / ,..." 1. Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, townhouses, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the City of Andover. Said filing with the City shall be made prior to the filings of said declaration or document with the recording officer of Anoka County, Minnesota. 2. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject said properties to the terms of said declaration. , / 3. The declaration of covenants, conditions and restrictions shall provide that an owner's association shall be formed and that all owners shall be a member of said association which shall maintain all properties and common areas in good repair and which shall assess or charge individual property owners 3 ) proportionate shares of joint or common costs, This declaration shall be subject to review and approval by the City Attorney. The intent of this requirement is to protect the property values of the individual owners through established private control. '\ 4. The declaration shall additionally, amongst other things, provide that in the event the association fails to maintain properties in accordance with the applicable rules and regulations of the City of Andover or fails to pay taxes or assessments on properties as they become due and in the event the City of Andover incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association, then the City of Andover shall have the right to assess each property its prorata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. 5. Membership of the association shall be mandatory for each owner and any successive buyer. , , / 6. The open space restrictions shall be permanent and not for a given period of time. -) ~ '.. 7. The Association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it 8. Property owner must pay the prorata share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. 9. The Association must be able to adjust the assessments to meet changing needs. 10. The by-laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan or plat. J ." 4 , 7. Staging of Public and Common Open Space. When a PUD provides for common or public open space and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum. bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD. 8. Density, The density ofa PUD shall conform to the regulations of the zoning district in which the land and project are located and shall be based on the net buildable area (exclude streets), except that density increases of up to five (5%) percent (20% maximum total) may be allowed for each category listed below at the discretion of the City Council, as an incentive for the developer to include the following features hereby determined to be a benefit to the public. a. Significant undeveloped common open space. b. Significant improved common open space. ,..., ) c. Distinctiveness and excellence in setting design and landscaping. ,- , d. Architectural style and overall appearance and compatibility of individual buildings to other site elements or to surrounding development. 9. StalVng of Development. Whenever a PUD is to be developed in stages, the density of the stages when totalled shall not exceed the proposed residential density of the entire PUD. The City may require a developer to record a restrictive covenant in favor of the City to insure that all stages or phases will be developed within the overall density for the entire PUD. 10. Utilities, All utilities shall conform to the design standards of Ordinance No.10, the Subdividing and Platting Ordinance and other applicable design standards on file with the City. All utilities, including, but not limited to, telephone, electricity, gas, and telecable shall be installed underground. , / ) 11. City Utilities. All city utilities including water, sanitary sewer, storm sewer and streets shall be designed, installed and maintained 5 by the City in conformance with all city standards and practices. Utility easements shall be dedicated as required by the City. , 12. Urban Development and Availability of Public Service. All development shall be carefully phased so as to ensure that it will not cause an unreasonable burden upon the City in providing services and utilities or cause a deleterious impact upon the natural environment. 13. Streets and Site Improvements. All streets and site improvements shall meet the design standards and regulations contained in Ordinance No. 10, the Platting and Subdividing Ordinance, unless otherwise approved by the City Council. 14. LandscClPini. In any PUD, landscaping shall be provided according to a plan approved by the City Council, which shall include a detailed planting list with sizes and species indicated as a part of the Final Plan. In assessing the landscape plan, the City Council shall consider natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD. '-) , , j 15. Special Requirements and Standards. a. Residential Planned Unit Developments (Density Zoning), 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. b. No building shall be located less than fifteen (15') feet from the back of the curb line along those streets which are part of the private internal street pattern. " / / 6 J c. No building within the project shall be located nearer to another building than one-half(l/2) the sum of the building heights of the two (2) buildings. d, No building shall be located nearer than its building height to the rear and side property lines. b. Commercial or Industrial Planned Unit Developments. 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district, / b. No building shall be located nearer than its building height to the rear and side property lines. - , 3. Landscaping, Surfacing and Screening. a. All areas disturbed on the site other than that covered by structures or hard surfacing shall be landscaped in compliance with this Ordinance arld all other applicable City Ordinances. b. The entire site other than that taken up by structures or landscaping shall be surfaced in accordance with the standards on file in the office of the City Engineer. c. Developments abutting a residential district shall be screened and landscaped in compliance with the Zoning Ordinance and other applicable regulations. c. Mixed Use Planned Unit Developments. , / .I 7 , / I. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet of frontage on the public right-of-way and be a minimum of two (2 a.) acres. 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. b. No building shall be located nearer than its building height to the rear and side property lines. 3. Landscaping, Surfacing and Screening. a. All areas disturbed on the site other than that covered by structures or hard surfacing shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances. ~ , ) b. The entire site other than that taken up by structures or landscaping shall be surfaced in accordance with the standards on file in the office of the City Engineer. c. Developments abutting a residential district shall be screened and landscaped in compliance with the Zoning Ordinance and other applicable regulations. 16. Sii11 Req.uirements. Signs shall be regulated and conform to the standards set out in Ordinance No.8, Section 8.07. All signs shall be shown on the final Plan. 17. Special Protection Districts. Planned Unit Developments involving land within the flood Plain, Shoreland Management or Scenic River Districts shall be subject to the provisions of those ordinances regulating said districts. Section 5. Application. Review and Administration. The general sequence for application, review and action on a PUD shall be the same as platting a property as specified in Ordinance No.1 0, the Platting and Subdividing Ordinance. A Special Use Permit shall be required. Application for the Special Use Permit shall be ./ 8 j made as specified in Ordinance No.8, Section 5.03 and shall be made in conjunction with the filing of the Preliminary Plat Application. Section 6. Violation and Penalty. 1. Misdemeanor. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty ofa misdemeanor, and upon conviction thereof shall be punished as defined by State Law. 2. Other Remedies. In addition to the penalties imposed by this ordinance, the City may exercise, with or separately from such penalties, all and any other legal and equitable remedies then available to the City by this ordinance, or by statute, or by other ordinances of the City, or by applicable rules and regulations, to enforce this ordinance, including, without limitation, injunction. Section 7. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. Passed by the City Council of the City of Andover this 4th day of June , 1996. / ATTEST i~~ tJ.LL/ Victoria V olk, City Clerk CITY OF ANDOVER /7 t., j/ /t.. (,. /J7vn~ 1/ lJE. McKelvey, May / I 9 CITY OF ANDOVER REQUEST FOR CITY COUNCIL ACTION DATE May 6, 1997 AGENDA ITEM l/. Preliminary Plat Nightingale Preserve PUD Nightingale Partners, LLP ORIGINATING DEPARTMENT Andover Review Committee The City Council is requested to review and approve the preliminary plat for the Planned Unit Development (PUD) of Nightingale Preserve located in Section 15, Township 32, Range 24, Anoka County, Minnesota as requested by Nightingale Partners, LLP, General Comments , / . The proposed preliminary plat is currently zoned R-l, Single Family Rural. The proposed plat is located in the 2010-2015 Metropolitan Urban Service Area (MUSA) and is proposed to be developed with private individual wells and septic systems. . The proposed subdivision is to be developed as a Planned Unit Development (PUD) and consists of 11 single family residential lots, . The developer and/or owner is responsible to obtain all necessary permits (DNR, U,S, Army Corps of Engineers, Coon Creek Watershed District, LGU, MPCA and any other agency which may be interested in the site,), There are variances being requested with the proposed preliminary plat. Variances being requested are as follows: A, Variances to Ordinance No, 8, Section 6.02 are being requested for lot area and lot width as a part of the development of the PUD. B. Variance to Ordinance No, 10, Section 9,03(g) for the length of the cul-de-sac on 157th Lane NW. Section 9,03(g) allows a maximum cul-de-sac length of 500 feet. The proposed cul-de-sac is 1,100 feet. A 600'variance is being requested, , / C, Variances are being requested to Ordinance No, 10, Section 9,06A3, which requires all lots to have at least 22,500 s,f, of buildable land area with a minimum width of 150' and a minimum depth of 150'. Comments by the Andover Review Committee / 1, The developer is requesting to use an alternative to the mottled soil elevation that has been determined for the development as specified in Ordinance No, 10, Section 9,06A3 and instead is proposing to determine the highest anticipated water table which is allowed by this section, Attached is a report from Braun Intertec (geotechnical engineer) hired by the City at the expense of the developer to review the developer's geotechnical engineers report, Braun Intertec recommends that the proposed highest anticipated water table be verified by installing piezometers and monitoring them over a period of time, The City Engineering Department is also recommending that prior to any footing inspection made by the City, a geotechnical engineer certify that the lowest floor have at least a 3' separation above the highest anticipated water table as provided in Ordinance No. 10, Section 9,06A3, 2, The Andover Review Committee is recommending that 157th Lane NW be constructed to the western property line of the plat to allow for the future extension of the street. Raven Street NW located at the southwestern edge of this plat is intended to connect with 157th Lane NW in the future, See the attached concept drawing of this connection. The Planning and Zoning Commission is also recommending the extension, , / 3. A meeting was held on Tuesday, April 29, 1997 with the Coon Creek Watershed District, Ashford Development Corporation, Nightingale Properties, LLP and concerned property owners of Wittington Ridge, The discussion revolved around the discharge of drainage from this plat southerly to Anoka County Ditch No, 37, This plat discharges across and into an existing ditch located in the Wittington Ridge plat which outlets into Ditch No, 37. As a result of the meeting, it was determined that the developer's engineer will reevaluate the 100 year flood elevation for lots 1 & 2, Block 2, Wittington Ridge, In addition, the developer's engineer and CCWD will verify the post-development rates of flow leaving the development (Nightingale Preserve) to ensure the rates do not exceed the pre-development rates, The CCWD will be evaluating the drainage in addition to reviewing the wetlands on this site and the existing Wittington Ridge development. The CCWD will be reviewing this plat at their May 12, 1997 meeting. If the Council approves the preliminary plat it should be made contingent upon the approval ofthe CCWD with any modifications required by the CCWD to be incorporated in the preliminary plat. Planning and Zoning Commission Recommendation The Commission is recommending approval of the preliminary plat with the conditions listed on the attached resolution, , J Park and Recreation Commission Recommendation The Commission reviewed the preliminary plat at their May 1, 1997 meeting, The Commission is recommending the acceptance of cash in lieu of land, ,. 8,01 IDENTIFICATION AND DESCRIPTION a, Proposed name is Nightingale Preserve, d. Scale is I" = 100' g, The preliminary plat was prepared by Swenson Land Surveyors and the grading, drainage and erosion control plan was prepared by Sathre-Berquist, Inc, 8,02 EXISTING CONDITIONS b, Total acreage is 38,6 +/- acres. c, The existing zoning within 300 feet ofthe proposed plat has been shown, f, Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on preliminary plat per ordinance requirements, g. The boundary lines within 100 feet of the plat have been shown along with the names of the property owners. / h, A Tree Protection Plan has been submitted to the City for review and approval. j. A soil boring report has been received by the City, 8,03 DESIGN FEATURES a, The proposed right-of-way as indicated is 60 feet. c, The storm drains and street plan/profile will be designed by the developer's engineer and approved by the City Engineer prior to construction, g, The setbacks for each lot are shown for the single family residential area, h. The proposed method of disposing of surface water has been shown on the grading, drainage and erosion control plan, A final review by the City Engineer shall be required, 8.04 ADDITIONAL INFORMATION b, Water supply will be by individual private well. c, Sewage disposal facilities will be private individually septic systems. " / ; f. Flood Plain Management is regulated by the City of Andover with assistance from the Coon Creek Watershed District (See Section 9,04(b) for additional information regarding the 100 year flood elevation,). g, Street lighting is required and the installation costs will be paid for by the developer, j, The total linear road mileage for the proposed plat is 0.26 miles, k. Location of Area Identification Signs, Special Use Permit required, Application has not been made to date. 9,02 STREET PLAN a, The typical section, right-of-way and grade are indicated on the preliminary plat. 9,03 STREETS a, The proposed right-of-way is shown as 60 feet which conforms to standards by classification. I n, Boulevard is required to be 4" topsoil, spread, seeded, mulched and disc anchored, 9,04 EASEMENTS b, A drainage easement has been shown to follow the 100 year flood elevation. 9,06 LOTS e, The developer is responsible to obtain all necessary permits from the CCWD, Army Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 9.07 PARKS, PLAYGROUNDS, OPEN SPACES Park dedication as recommended by the Park and Recreation Commission and approved by the City Council. / / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES, NO -97 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF NIGHTINGALE PRESERVE BY NIGHTINGALE PARTNERS. LLP LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council approval ofthe plat subject to the following: 1. Variances to Ordinance No.8, Section 6.02 for lot area and lot width. / 2, Extension of 157th Lane NW to the western property line of the plat. 3, Variances from Ordinance 10, Section 9,06A3 for the 150' x 150' building area requirement because ofthe fact that this a PUD. 4, The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site, 5, Geotechnical engineering report being reviewed and approved by the independent geotechnical engineer and accepted by the City. 6, A street/storm sewer plan and profile being reviewed and approved by the City Engineer. 7. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No, 10, Section 9,07, 8, Contingent upon approval of the Special Use Permit for the Planned Unit Development. I 9, Meeting is held prior to the City Council meeting regarding the drainage ofthe plat to the south, ~ Page Two Resolution Preliminary Plat - Nightingale Preserve Adopted by the City Council of the City of Andover this May , 19~, ATTEST: Victoria Yolk, City Clerk , , ) 6th CITY OF ANDOVER lE, McKelvey, Mayor day of ~~~~'i . I . 1'~\-1"-'''\.>~)/ ..c~" ~~-~'l- {I;':::':::':::':::':::': IJ~~ ~ ..:. '<.. 2 - "r; -- " I : -- .. I ~Of" , , I. iO\ ~ ,~ L I ',1\ \ ~'- ;~ Jl r-' -~ 6 ~/ ') 0/ V J \ ... I ., 1 ~ r}~ ) ,J;./ J ""'"", ~,. J ,-;-Z V 6 r~: 1 ~ ~ ,1 ('1., .r.f r= I J"-:~ 7 ..( " r- -r;-: " , I ~) r-~ .~ -J ...., (\ ~ TY(~\ I ~.- . ~ -- ~~- -) y..~ ~ ' i ~ ~,J~!.) l 1>-- ......,,,s/ .) : f-' I -- .- -- .~ ~~~l~r- ~ -I!'ff= - ~ -i \~ ",:' ::, .. "..':;".'. " ,. ", '::X': \ ':,';'-F';;,:~:>",,":~ ',:. :::.:;. ,'.; '. :',", - 0 .::.;....,1: '.,...;.,.i....,.,.."../.:... ,..,.;q,::)~ f--oN - , ~. /11 ::;\:~:\ .;{:::,;,:,:':;:/:'.~>),:.:. 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Buib anJ Na/lKa1 Enn..........n'.. .nIIIII...... c... ,.........n 13.cs NClIlhland Drive Mendofq Heillhll. MinfltllDIQ 55120.1141 612~Q~1OO F~oa~eaa J April 14, 1997 Project No. BPDX-97-Q39A Mr. Todd Haas City of Andover 1685 Crosstown Boulevard NW Andover, MN 55303 Dear Mr. Haas: Re: Ev:dulItion of Seasonal High Groundwater Elevation and Low Floor Elevations. Proposed Nightengale Preserve PUD, 157lh arul Nightengale St. NW, Arldover. Minnesota At your requ~t, we have completed an evaluation of the seasonal high groundwater elevation II1d low floor elevations for Ihe proposed NighlCDgale Preserve PUD, hereafter referred to B:lll1c Iiitc. , , The City of Andover has an ordiIWlt:e which requites: either a three foot separation between the swonal high water mark and the lowcst floor elevation. or an opinion from an independent geotechnical engineer approved by !he City Council that the three foot separation is not warranted. One means of assessing the scasonal high water mark is the presence of mottled soils. Table 1 shows the proposed low floor and observed mottled soil elevations for each Jot on the site. Seven of the: ten proposed building Jots do not meet the three foot scparatiou, bilSed on the highest observed elcvation of moUled soib. " In a letter dated September 26, 1996. GMB Consultants, lnc. CGME) evaluated the proposed floor elevations. GME conducted two borings on the Bite on September S, 1996. The borings extended to a depth of 20 feet below grade. Continuous split barrel sampling was performed to a depth of 8 reet below grade (it bg), then 5plit barrel 5amplcs were collccled from 9 to 11 h bat 14 to IS ft bg and 18 to 20 ft bg. The bor,ing logll indicated that brown fme sand extended from near the surface 10 depths of Q ft hS in borinS B-1 and 14 ft bg in B-2. Below thes:e depths. a iray tine sand was noted on the borins logs. Water was observed in the borings at depths of 7.5 and 10 ft bg while the drilling auger was in thc ground. After withdrawal of the auger, the boreholes collapsed al 9.2 and 10.3 feet in B-1 and B-2. respectively, and water was no longer present in the borehole, The elevations of borehole Collapse corresponclto elcvatlons of 888.9 n above mean sea ll;Vel (ft AMSL) in B-1 and 887.1 it AMSL in B-2. GME noted that Bonestroo. Rosene. Anderlik and Associates lBRAA) identified the Normal Ordinat}' High Water Mark in the wetland in the north central pardon of the site to be 892.3 following a lOG-year. 24-hour stann event. As a result. OME stated that mottled soils above the elevation ot 893 .probably repret;enr.s the soil zone where frost melt ended in the spring.. GMB concluded tbat a minimum floor elevation of 891 it AMSL would provide 2 feet of vertical separation above water table following a IOO-yea: stonn event. , / In light of these facts, the objectives of this evaJuation are to evaluate whether the monied soil elevations are a reasonable representation of the seasonal high Water elevation and, if not. propose a mare reasonable value. 1', UUl .. -. J j \I'IVI1, 4" vlJ Ul\l\UI1 IIHC.l\tC.v ItL:bIL bMj 888b ) City of Andover Project No, BPDX.97.o39A Aprl114.1997 Page 2 The soil survey for Anoka County (SCS, 1977) indicates the presence of three soil types: a mucky peat in the wetland, loamy wetland soils OD the perimeter of the wetland ana Sartell tIne sand ebcwhrn: on the site. AccotdiUS to dle soil survey, the mucky peat soils extend to a depth of at least 70 inches. The Sartell finO sand is descn'bed as a yellowish brown loose fine sand that has rapid permeability (1 x 10-2 to 4 X l(},' em/see) and low water capacity. These observations are consistent with the results of the GME soil borings. Review of the topographic quadrangles (USGS, 1993a and 1993b) indicates tbat wetland in the nonh central ponton of the site Is a IOt:ll1 topographic low which is likely fed by surface runoff from wrrolUlding higher ground. There are no applU'cnt wrfaco ourtlows from tho wetland. Ditcheg are. located west, southwest and south of the site which flow westerly and southwesterly toward Coon Creek, where they discbarge to the creek at an approximate elevation of 860 it AMSL about 12,000 feet southwest of the site. In the absence of a lower continlng unit to .perch" the wetland (whIch Is supponed by the soU borings), the water level in tbe wttllUld is likely the clcvlltion of the: regionAl water table. Due to the lack of lurfaee outflows, water in the weIland will flow from the we~land aa groundwater. Based on tbe local topography and the presence of the ditcbes, groundwater flow at the site is likely southerly to southwesterly. Since groundwater flowing out of the wetland, water levels in the wetland arc e~ected to be higher than in the surrounding soils, particularly to the south and \ southwest (I.e., In the amlclpatecJ (lIrecclon of groundwater !low). j The data from the soil borings support this hypothesis. Fint, water levels were observed in the bore holes at elevations of 890,6 ft AMSL in B-1 and 887,4 ft AMSL in B-2. Second, as noted above, borehole collapse occurred at elevations of 888.9 ft AMSL in B-1 and 887.1 ft AMSL in B-2. Finally, coloration changes (from brown to gray) were observed just below these elevations. Because of the sparseness of split barrel samples at thesc locations, it is p05sibJe (if not lilcely) lhat the acmal color transition OCCUIS slightly higher than indicated on the boring logs. This infonnation from the boring:s suggests th4t lhc Wl\ter tAble was prescIU at an approximate clcvlltioD of 889,S:l: at B-1 and 887.5:1: at B-2 during September. However, it is riil,y to infer the location of the water table solely from soil boring data. These observations suggest the mottled soils are not a reasonable indicator of the seasonal high waler level. However, monllng occurs under anaerobic conditions wbich requires a significant pcriod of saturation. Given thc well drained soils present at the siw, it ill our opinion that the observed mottling is not likely frost-related. The causes of the mottling are not clear. Given recent climatic conditiom, the current water table elevation should be a better indicator of the seasonal hish water table than either the water Icvels In the borings or the soil mottling. Therefore, we recommend that temporary piezometers be installecJ at the site as Soon as possible. One piezomcter ~houlcl be installed in Ihe vicinity of B-1 and should c;\tend to lL depth of approximately 10 feet (Le., 3 feet or so below the anticipated WIlter table deplh). Two additional pie:zometers should be installed in thc southern ponion of the site. A1tbough it is preferlLble that all of the piezometers extend to 3 feet below the water table, it would be acceptable to install these latter two piezometers such Ihat the bottom of tbe screened interval is at or below an ,/ elevation of 891.5 fc AMSL (i.e.. tbe bottom or the pIezometer is 3 feet below the lowest proposed floor elevlltion). The installation of three piezometers will provide spatial coverage and, P. 003 :\1 n. 1 ~ ] f ll'IVI', j ~ ; .J 0 . . llKflUN INltKltli TEL:612 683 8886 ) City of Andover Project No. BPDX-97-039A Aprl114, 1997 Page 3 jf water is present in all of the piezometers, triangulation of the water level data to permit calculation at tlow direction and gradientS. It has been a pleasure to provide our professional ~ to you on this project. Please eontact Mark Collins at (612) 683-8754 or Bob Janssen at (612) 487-7017 if you wish to discuss any of these issues. Sincerely, \V\a&-~~ Mark A. Collins Senior Hydrologist #7~~ /n Roben 1, Janssen, P.B, Senior Geotechnical Engineer , ; Attachment: Table 1. Proposed Low Floor ana MonIed SoU Elevations , ./ p, 004 :U 1\. 1"1 J I ,I'lvn, ! If. \JU . . . ' DMUJ' IrllJ:.lllJ:.1J TEL:bI2 683 8886 P. 005 Table 1. Proposed Low Floor and Mottled Soil Elevations (In feet above mean sea level) ) Block Lot Proposed Mottled Slab Soil Elevation Elevation 1 1 894,5 893.7 (SBl) 894,2 (SB2) 892.5 (SB3) 894.5 (SB4) 2 895.4 g93.6 (SB2) 894.4 (SB3) 896.8 (5B4) 3 894.5 893.9 (SBl) 892.6 (SB3) 892.1 (8B4) 4 894.5 893.4 (SB1) 893.4 (5B2) 894.3 (SB3) 894.0 (584) 5 894,5 893.3 (SBI) 894.3 (582) 893.1 (SB3) 898.1 (S84) 2 2 894.5 893.6 (SBl) 893.6 (8B2) 893.4 (SB3) 893.7 (SB4) 3 894.5 NO (SBl) 893.3 (5B2) 891.2 (SB3) NO (5B4) 4 895.0 NO (SB1) NO (5B2) NO (SB3) 5 896.0 NO (SB1) NO (SB2) NO (SB3) 6 896.0 NO (SBl) NO (SB2) NO (SB3) NO (5B4) , / Note: NO - not ohserved / :lll\.-I~ '/\IUr.1 V~;UI llKAUN I Nll:.Kll:.\i TEL:612 683 8886 P. 001 ) BRAU N" INTERTEC Fax Transmittal Date: AprillS, 1997 To: Todd HlIl1lI, City of Andover 755-8923 From: Mark Collins'\fI}..l.- 683-8754 683-8888 (fax) No. of Pages (Including cover) Re: Piezometer Installations. Nightengale Presm'e PUD ) / In a letter dated April 14, 1997. Braun Intcrtec recommended the installation of3 tempOI'8JY piezometefllllt the referenced site. You requested by phone earlier today to know whlll period oftime the piezometer should be installed. The following reiterates and expflllds upon our response. Groundwater elevations should currently ba at or ncar the seasonal higb water level (SHWL). Therefore, if the piezometers can be Inmlle4 Immediately. a good reading all tho SHWL can be Obtained In a relatively shott period of time. Following installation. the pie20meters should be developed (bailed or pllmped to remove fme-grained sediment from the bore hole and piezometer). \ynter level mellsurements should be collected as part of tlle developmcm process. The first set of water level measurements to document the SHWL can be collected as soon lIS the day..follow-ini- ... - - -. development. At loast one round of confinuatory measurements sho1Jld bo collCC1Cd at ICllS1: Olle week later. . . _. . , , The dllta should be promptly provided to the City. Assumina the two sets of data am in reasonable ilgrecml!I1t, the pi~L.Ometers-C8l1. be abandoned. following Cio/ IIppro~.a1. / Regular Planning and Zoning Commission Meeting Minutes - November 28, 1995 Page 5 \ ) (Public Hearing: Special Use Permit/Home Occupation - 2648 South Coon Creek Drive, Continued) a home occupation or that it correlates with one of the tfiings listed. Personally, he couldn't make it fit. It may be di:liferent if the operation was exclusively for humanitarian reasons and npt for business. Then a Special Use Permit probably would not be needeQ/. Given the mix, Chairperson Squires felt the definition must be nsidered, and he didn't think warehousing fits as a home occupation MOTION by Peek, Seconded by Jovanovich, to forwa the draft Resolution in the packet to the City Council with the re mmendation for denial. Motion carried on a 4-Yes, 3-No (Apel, Douc te, Putnam) vote. This will be placed on the December 19, 1995, Cit~ Council agenda. 7:55 p.m. PUBLIC HEARING: LOT SPLIT - 14220 BORCHARD AND ALEXANDER RALSTON STOWN BOULEVARD NW - KENNETH 7:55 p.m. Mr. Carlberg reviewed t lot split request to subdivide a lot into two parcels meeting the mi imum requirements for an R-4, Single Family Urban zoned lot. He revi ed the applicable ordinances, noting Staff is recommending approval ith two conditions. The applicants would be required to pay $400 ark dedication fee. The area is served '~ith City sewer and water, an an second stub was provided to the parcel 'when the utilities were ins lled. Commissioner Peek asked f the sideyard setbacks to the house are adequate. Mr. Carlberg xplained the setback requirements. The house does not have sliding ass doors to the south, so the minimum setback is 10 feet, which the roposed lot meets. This parcel was an exception to the Kensington states plat. The house and garage have been remodeled within t e last few years. e, Seconded by Jovanovich, to open the public hearing. animously. 8:05 p.m. MOTION by Douce Motion carried Ken the - stated the only other entrance to the house is between d the garage, and there is a small deck there already. Peek, Seconded by Luedtke, to close the public hearing. arried unanimously. 8:06 p.m. MOTI N by Peek, Seconded by Jovanovich, to forward the draft Resolution he City Council with a recommendation for approval. Motion carried nimously. This will be placed on the December 19, 1995, City Council 8 :07 .m. ~ '-'" 'DISCUSSION - SKETCH PLAN - SECTION 15 - AVALON HOMBS ) Mr. Haas reviewed the proposed sketch plan of Avalon Homes for nine lots in an R-l, Single Family Rural Zoning District. The property is not currently located within the MUSA area, but it could be served in the \ Regular Planning and Zoning Commission Meeting Minutes - November 28, 1995 Page 6 , > {Discussion - Sketch Plan - Section 15 - Avalon Homes, Continued} future with the gravity sanitary sewer system. The proposed Comprehensive Plan has the area slated for utilities in approximately 2010 to 2015. Staff is recommending the item be tabled until the developer can provide information on how the property to the west can be developed with streets and lots. Also, there is a Northern Natural Gas line through the property, and a letter will be needed from them as to what can and cannot be done within the easement. Commissioner Putnam was familiar with the property. There happens to be a large collection of Minnesota state flowers all along the swamp on the east side. He asked if there are regulations on disturbing that type of vegetation. It is one of the few places in Andover that has that vegetation. Mr. Haas did not know. Commissioner Putnam asked if the proposed east-west street will align with 157th Lane to the east. He didn't know that it would need to, thinking it would never be extended eastward to Hanson Boulevard because of the wetlands. Mr. Haas stated it is very close. They will review it and try to get it to align. Commissioner Apel stated it is a nice piece of property but will be difficult to develop. Commissioner Doucette was concerned about 'developing this property into large lots when it is proposed for ../municipal utilities in 10 to 15 years. At the same time she is concerned with community services being able to grow along with the fast growth of the City. Mr. Carlberg stated the Council is meeting on the issue of externalities next week. Chairperson Squires noted the difficulty of properties that develop into larger lots when utilities are extended past them. It can be a barrier to the future extension of the utilities. However, these people have the right to do this. He felt the proposal is a reasonable layout. Ron Swenson. Survevor - had concerns about the ordinance requirement to end the road at the property line. He was also uncomfortable with proposing a development on another parcel, as it is their choice how to develop. To extend the road means the existing house back there will not meet setbacks. Further Commission comments were a desire to see a proposal for developing the property to the west, that they are just looking for a best guess of how that property could develop, that the result may be that the road cannot be extended, and that there may have to be some mitigation if the wetlands cannot be avoided to provide access to the northern property. Mr. Haas noted the sketch plan will come back to the Commission once the developer has provided a layout of the adjacent property. ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MBETING - DECEMBBR ~2, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on December 12, 1995, 7:00p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Catherine Doucette, Bev Jovanovich, Jeffrey Luedtke, Randy Peek, Jerry Putnam Maynard Apel Assistant City Engineer, Todd Haas Others Commissioner absent: Also present: APPROVAL OF MINUTES November.28, 1995: Page 4; paragraph 5, second sentence, change. "very: to "every". MOTION by Jovanovich, Seconded by Luedtke, ,to approve the Minutes as. corrected. Motion carried on a 6-Yes, 1-Absent (Apel) vote. \. .J DISCUSSION- SKETCH PLAN - SBCTION ~5 - AVALON HOMBS Mr. Haas noted this item was tabled at the last Plarining Commission meeting to have the.developer look at the property to the west as to how it may be developed in the future. The developer has submitted a sketch that shows the extension of Swallow Street and Uplander Street, plus the construction of a street to the south to Wittington Ridge. Staff' feels it is an appropriate drawing and that the developer should proceed with the project as proposed. Much of the property to the west is low and in, Agricultural Preserve. Since the last Planning and Zoning Commission , meeting, the Council has expressed an interest in seeing POD's in the .'. ' rural area. This is a change in policy, as such developments have not been done in the rural area. The proposal is for 11 lots; however, one' could get 16 or 17 rural-sized lots on 40 acres. A POD could mean having clustered townhomes or single family homes, creating open spaces elsewhere in the plat. There are no established rules for minimum acreages or maximum number of lots that can be created for PODs. The decision on whet~er or not to plat as a POD is up to the developer: He asked the Commission to discuss their views on that issue. Mr. Haas also noted Staff has received a letter from Northern Natural Gas, which allows the construction of a street over the pipeline easement, but no buildings can be constructed in it. Also, the City does not allow the 39,000 square feet to encroach into that area. \. JIn answering questions from Commissioners, Mr. Haas stated there is no problem with the placement of the house on Lot 8 relative to the gas line easement. Staff discussed the future extension of Raven Street: It may be that this developer would escrow for one-half of the street; Regular Andover Planning and Zoning Commission Meeting Minutes - December 12, 1995 Page 2 / (Sketch Plan - Section 15, Avalon Homes, Continued) and when the property to the west is developed, that owner would pay for the western half of the street. Because that western property is designated Agricultural Preserve, it cannot be developed until eight years after the request to remove that designation. Commissioner Doucette did not want to see a POD development until thp. rules are in place. She would prefer to see single household units on this property. Her only concern with the proposed plat is the direct access onto Nightingale street for the northeastern lot. Mr. Haas stated the only way Lot 1 would be able to access an interior street would be to construct a street parallel to Nightingale. Also, Staff is comfortable with the lSQ-foot jog between the proposed lS7th in this plat and the one directly across on the east side of Nightingale Street. In addition, Mr. Haas noted the Council has directed Staff to get a wetlands ordinance in place, which would create buffer zones around the wetlands to minimize encroachment on them. That is not likely to impact the calculation of buildable square footage for a lot. Commissioner Putnam understood a POD development does not necessarily open it to anything the developer wants. The developer would have to work with City Staff regarding the number of lots, landscaping requirements, street layout, etc. It is a negotiated plat with the ) developer. If the developer is interested, it means going back to / square one. Mr. Haas stated Staff has discussed the possibility of developing a separate POD ordinance with the rules and requirements for that type of development. At this point, the developer is not sure whether he is interested in developing as a POD. This will be discussed with the Council next week. Chairperson Squires thought such a major policy shift warrants deeper consideration. Commissioner Peek did not think the City would be in favor of increasing the density. The big benefit of a POD is more open space. Discussion was on the proposed jog of lS7th Avenue. Mr. Haas stated if the Commission wishes to see the two streets align, variances would have to be given on one or two lots. Lot 9, which has an existing house, would need a variance because it would be less than 2 1/2 acres. Possibly Lot 8 would also be affected if the streets were aligned. Commissioner Putnam had some concerns with a jog because of the excess speed at which people travel on Nightingale and having to be aware of two intersections. However, it is a fairly flat and open area where visibility should not be a problem. He thought it would eliminate a potential hazard if the street were to line up. It is unlikely that lS7th to the east will be continued through to Hanson Boulevard because of the DNR-protected wetlands. It is also unlikely to go any further west because of the agricultural lands. Commissioners Jovanovich and Doucette also favored aligning lS7th Avenue and allowing a variance on Lot 9. \ )Commissioner Putnam stated instead of a variance on Lot 8, adjust the western lot line of Lot 9 so Lot 8 meets the requirements and only Lot 9 would need variances. Regular Andover Planning and Zoning Commission Meeting Minutes - December 12, 1995 \ Page 3 J (Sketch Plan - Section 15, Avalon Homes, Continued) Ron Swenson. developer's surveyor - stated the reason for the jog is because of the wetlands in Lot 8 and to avoid variances for Lots 8 and 9. At this point a decision has not been made on a POD development. He asked if the Commission would consider a driveway to the west for Lot 1 with no access onto Nightingale. Commissioners Peek, Jovanovich and Luedtke preferred the access onto Nightingale with a variance. Commissioner Doucette once again disagreed because it is a major roadway' and because of the speed of the traffic. Commissioner Putnam noted there are already five driveways coming onto Nightingale in that vicinity and favored the proposal as submitted. Mr. Haas noted a double frontage lot would be created if a north/south road were constructed. Commissioner Peek thought another possibility would be to break up Lot 1 and jog around the wetland. Mr. Swenson - stated that was thought of originally, but it created a sharp curve and impacted the wetlands. There was no further discussion other than to inform the developer it is his choice as to developing as proposed or changing to a PUD. I \.. / Snowrn iling activities - Commissioner Doucette informed the Commission of the rogress of the Andover Snow Dragons Snowmobile Club, the DNR safety t ining course they conducted, the summary of the Snowmobile Ordinance s bmitted to the businesses and residents in the City, and the snow patrol ey have established to react to any calls from citizens. They have set a "hot line" that residents can call with complaints of snowmobilers. e residents within Andover have been very receptive to their efforts. I seems that many of the problem sleds have been those crossing the line rom other communities. It is hoped that a trail system would funne the traffic and provide direction for the snowmobilers. Task Force on Definition Family - Chairperson Squires reported have had their first meetin which was basically an introductory. will meet again after the ho 'days. they They External i ti es - Mr. Haas repo externalities last week and has get a copy of that Statement to ed the Council met on the issue of 'nalized a Mission Statement. He will th Commissioners. Cancellation of December 26 meeting - ~r. Haas announced the December 26, 1995, Planning and Zoning Commissi6~meeting has been cancelled. " MOTION by Doucette, Seconded by Luedtke, to adjourn. Motion carried on Ja 6-Yes, I-Absent (Apel) vote. The meeting ~~journed at 7:35 p.m. \ ectfu 1 s~~ " A. Peach, Recording Secre ry Regular City Council Meeting Minutes - December 19, 1995 Page 4 I' (Rolling Meadows Estates elimi ry Plat, Continued) complaints from those horn stat are so close to the power lines. Councilmember Jacobson sta the~e is an BO-foot easement on either side of the lines, which me s the national code and gives some margin of error. Motion carried (Dehn) vote. / AVALON HOMES SKETCH PLAN j Mr. Erickson reviewed the proposed sketch plan of Avalon Homes in Section 1S which consists of nine rural residential lots. The property is proposed to be in the municipal sewer district between the years 2010 and 201S. One lot will front on Nightingale, which will require a variance. The proposed jog of 1S7th Avenue meets the 1S0-foot requirement from the lS7th Avenue intersection east of Nightingale Street i however, the Andover Review Committee is recommending that intersection be relocated to align with the one across the street. That would result in the reconfiguration of Lots Band 9 and the need for variances. The proposed street extended to the west property line will end in a temporary cul-de-sac, though it may be there for a long period of time since the land to the west is in Agricultural Preserve. That is also a safety concern of the Fire Department. Council has also indicated an interest in looking at POD developments, though there really are no guidelines for that development. Typically a POD is negotiated between the Council and the developer. Councilmember Jacobson felt that because of the severe limitations due to the wetlands and the pipeline, this would be the perfect property to be developed as a POD with clustered single-family housing. He suggested the two high areas to the northeast and southwest be developed into four clustered homes each. This would leave the same number of lots in the development, would reduce the costs by reducing the amount of roads, would more easily accommodate the extension of sanitary sewer and water in the future, and would save the natural environment. It would have to be determined whether the green space would be owned in common or whether the lots would be configured to include all of it. Attorney Hawkins advised the City would sign a POD agreement with the developer as to what can and cannot be done, and that would include the inability to do any further subdivision on the property until th~ City decides to make a change. Mayor McKelvey stated he was very familiar with the property and also felt it would be best developed as a POD. Mike Muske, realtor, and Mitch Ammeman, Avalon Homes - stated they are not very familiar with the POD concept, but it seems appropriate. There will be some decrease in costs for the roads, but they will need to determine if that will be offset by the land values and if it makes sense economically. They hope to begin the project by spring or summer of next year, but they will look at the proposed POD concept. I Councilmembers Knight and Kunza also felt it is worth exploring. Mr. Erickson stated Staff and the developer will go over the different options and come back to the Council with a proposal. The Council agreed. (Sketch Plan - FfJD - lhqhtingale Properties, Continued) Regular Andover Planning and Zoning Commission Meeting Minutes - May 1~, 1996 Page 6 \ ) Byron Westlund, Woodland Development, was concerned with the density issue, as he has a prop0sed PUD sketch plan coming up in the next agenda item. They have worked with PUDs in other communities. The increased density was a trade-off to the aesthetics and amenities added to the plat. Commissioner Apel felt that is part of the contract that would be negotiated with developers. The Commission determined that the original propoeal for this plat W3S for nine 2 1/2-acre lots; this PUD proposal is for 11 one-acre lots plus the open area. Commissioner Wells asked if there would be trails around the wetlands area and down to the fac~lities at City Hall, since it is so close. Sh~ was also concerned with the gas line easement through the plat. Mr. Haas stated trails would be done at the option of the developer. The Comprehensive Plan does call for a trail coming down Nightingale along the existing shoulder. Mr, Carlberg didn't believe the developers were lookin~ at trails but at leaving the open space in its natural state under the care of the association. Mr. Haas stated no structure~ will be p}.3ced withia ':he gas line easemeut. The Commission generally liked the proposal as presented extension of Eanm Str-f::et -,oJarrants fur':her exploration, ~lac2d on the M~y 2]" 1396. City Council agenda. and felt the This \>/ill be / S H-P1;;AN-----prcANNJ!D UNIT DEVELOPMENT FOR ----UMBER RIVER ESTATES SlJ:CTI S 1 AND 12, TOfot"NSHIP 2S - WOOI;LAND DEVELOPMENT COMPAllY Mr. Haas r,_ . ,"ire:5- '::he proposed sketch plan of Timber River Estates loc,3ted in See",' O:1S 1 ar:d 12, Township 32, Range 24. The proposed Planned Unit Deve ment is zoned R-l and would consist of 85 lots, 2 outlots and 1 o?rk. e Westerly portion is located in the Scenic River District and ~nother po ion is affected by the flood plain district. rhe Fire Department is ver concerned that the westerly part of th~ development dOES net pl:"c,,'ide a second access. The Andover Revie'N Corr.mittee is recommending the existing cul-de-sac to the south be connected, which wOl.lld also prov:ld~, a second access to the existing :1eig'hborhood to the sCli.th. That portion of street would be outside the plat. Ernie Pfannschmidt - explained this land has been in his family for generation3, aff[ctiQlat~ly called "th~ happy hunting ground~". were approa=ted by severa~ ~evelopers, but they resieted selling. l-.ave chosen WOCJdland Developrrent to develcp the l:irld because believe Woodland will do the best jeb. four They They t:hey i'!r, C=.rlherg €'x?~,3.ine.i ~;h" nal'rati ve pr=par ed by v;oodland Deve2.opment gives the scope cf the prcje~t, Again, the j SSU'2 is the density of the ~. He asked the Commission to make a recommendation. J Byr0n tv'estlund, Woodlan.i Development:, stated the lots will be a minimum of 150 feet wide, so the need for variances for decks as the Commission Regular Andover Planning and Zoning Commission Meeting M,i,Ilutes - May 14, 1996 Page 5 , / {Variance Construct Deck Encroaching Side Yard Setback from an Interior Property Lj,ne, 14677 Bluebird Street NW, Continued} carport which would be allowed to within 6 feet of the lot line and because there will be no deck on the side of the neighboring hous~ that would face this deck. MOTION by Wells, Seconded by Barry, to forward to the City Council this variance, encroaching into tr.e side yard setback by 4 feet. DISCUSSION: Chairperson Squires stated he ,...ould support the variance but was cO!lcerned because the t'!ncroachment is toward another exist,ing dwelling, which differs from the pre'lious two where the encroachment was to the street or to a commercially zoned area. t'lhile the current property owners may get along, one has to anticipate that that may not always be the case. The argument that a 6-foot setback is allowed for garages and carports sways him in favor of this request. On the other hand, the setbacks are intended to provide privacy, and 17 feet isn't a lot of space for privacy. Commissioner Wells stated she would be against this if there was a possibility of a deck being constructed on the adjoining building that would face this proposed decit. Motion carried on a 4-Yes, 3-ADsent (Luedtke. Peek, Put~am) vote. This will be placed on the Jun~ 4, 1996, City Council agenda. SKETCH PLAII - PLANNED UNIT DEVELOPMENT FOR NIGHTINGALE PROPERTIES _ SECTION 15 j Mr. Haas reviewed the proposed sketch plan of Nightingale Properties, LLC located in Secti~n 15. The property is zoned R-l and is proposed to be developed into lL lots and 1 outlot. The property currently is not loc?ted ,.Tichin the ~JSti area. but it could be served in the f'lture .....ith the existing qravity sanitary sewer system. There is a half-section map whi~h shows how future development could occur to the West. The Fire I'epar.t.ment is requestir.g that Raven Street NW be constructed between this proposed de:velop'llent and T11ittington Ridge to elimj.nate the long dead ends. That is out.side the boundaries of this plat and is something ~het will need to be discussed with the C~unc11. Commissioner Barrv stated there would be only seven dwellings along the road. Ccmmissioner Apel felt because the extension of Raven is outside of the proposed plat, the only thing the City can do now is make p~ovisiQr.s fer that extension in the future. Mr. Haas noted the outlot would become part of the association for the dc'lelopnent. ~r. Carlberg pointed out as a POO, the lots de not meet the miniml'm requireT.'~nts f.::r tl:e R-l district. The CO'.lOcil has approved the PUD Crdinanr.:e; howe'ler, S':::lff is bringing the item back to them for further discussion on ciensity. The issue is whether density should be based on gross versus net acre&ge, Staff based it on ne~ acreage plus allow a 20 percent increase in density. The developers are saying they un~erstood it to be based on gross acreage. If it is based on gross i=reag~. Staff is recomme~ding the 20-percent increase not be applied because there is no need to increase density another 20 percent, If it is bas,=d on net .3.<::reage, then the 20-percent increase would apply based on the four crite~ia lisc~d in the PUD ordinance. .~lar Andover Ci ty Council Meeting Minutes - May 21, 1996 Page 8 'imber Rivers Estates Sketch Plan, Continued) , I aeveloper consider pulling the road back and ending with a cul- e-sac. He understood the concerns of the residents with increase traffic through their area, especially with the location of the pr osed park. He felt the plat is laid out well, but he was hoping see a more innovative clustering of houses and more open spaces. H also stated he would be disappointed if Woodland cleared the area for evelopment as he has observed being done in the Shadowbrook plat. Mr. Westlund explained the comments from the Bui aing Department on the septic systems and separation between septic a wells dictated the size of the lots. They can look at it again, but eir intent is to minimiz~ the loss of the trees. They will also c nge the proposal to the 80 lots which was suggested in the discussi on the previous agenda item (See page 5 of these Minutes). Mr. Er' kson stated they will evaluate the need for mound septic system versus the underground ones. Councilmember Dehn was concerned w'th the displacement of wildlife, though the artificially created po as will house some of it; plus those ponds are preferable to having p ding in the back yards. She too felt there may be no street connec 'on to the south because of the private property involved. She wond ed if the City is prepared to take over another large park area. r. Carlberg explained the POD allows the Council to accept the pro erty as park land; however, it does not have to do so. The Council w' 1 make the decision after being advised by the Park Board. , , } ~r: Westlund Park and Recreation Commission liked the concept. In ther City they worked out an agreement where they maintained the park property for one year after finalizing the plat. The POD allo that type of flexibility. Mr. chmidt recalled that no park was dedicated from Rolling Meadows the plat to the north, because it was intended this area would park. That is why a park is . guin there. Mr. Erickson noted was aken in lieu of la r the Rolling Meadows plat. There was rther Coun . NIGHTINGALE PRESERVE SKETCH PLAN Mr. Erickson reviewed the sketch plan of Nightingale Preserve which is proposed to be developed as a POD with 11 single-family rural residential lots and one outlot. The Council previously saw this parcel proposed under the standard R-1 development of 2.5-acre lots. The property is currently not within the MUSA, but could be served in the future with the current gravity sanitary sewer system. The proposed Comprehensive Plan has the area slated for approximately 2010-2015. The Fire Department is requesting that Raven Street NW in Wittington Ridge be constructed to this proposed development to eliminate the long dead ends. That connection would have to cross private property and is c 'side of this plat, That property to the west of this plat is poor so{ls and there is a question of the buildability of any future lots on it. The Planning Commission has concurred with the concept and is recommending the connection of the access to Wittington Ridge. , / Regular Andover City Council Meeting Minutes - May 21, 1996 Page 9 (Nightingale Preserve Sketch Plan, Continued) , A representative of the developer stated they would form an association for the open spaces. The outlot would not be public or city owned. Of the 17.5 acres in the outlot, about 10 acres is DNR protected wetlands. They have reduced the number of houses along 157th to five and have improved the safety features of the development. The number of lots has increased from 9 in the first proposal to 11 in this POD proposal. Without any increase in density, this meets the standard for both net and gross area densities. The existing building on Lot 1 will be removed. The house on Lot 6 will remain. They are not asking for anything outside of the plat. Jerry Windschitl. Ashford Develooment - responded to a Council comment on the drainage for the area. None of the ditches on the wester.l property drain to this property. This property is all self-contained. Councilmember Dehn was concerned that the runoff doesn't go onto the agricultural property. She has experienced promises from developers that the runoff will not affect agricultural property, only to find after the development is completed that it does affect the ag land. The representative of the developer stated the storm water will stay on the property with an overflow to Nightingale, which is away from the ' '~ld's property to the west. Councilmember Knight's only concern was ~~th the long road. He'd like to see Raven Street extended to make the connection. Councilmember Jacobson preferred to see the outlot given a lot and block number. He was concerned with who will be responsible for the outlot. He does not want to see the lot go tax forfeit. Attorney Hawkins stated it is irrelevant whether it is an outlot or a lot. It is still platted and the association will have covenants that will be filed with each lot. The outlot would be owned by the association. The representative of the developer stated if it is given a lot number, it can be construed as a buildable lot, which it is not. Councilmember Jacobson suggested Lots 9 and 10 be shifted to the east 20 feet, which perhaps will provide enough room on the west edge of the plat to bring Raven Street through to connect with 157th. He'd like to see tha::' street corne through if possible. If those streets are never going to be connected, he'd prefer to see 157th shortened and end in a cul-de-sac. There were no further comments on the sketch plan. CITY HALL DISCUSSION Marc Pearce, Adolfson & Peterson, and Jerry Putnam and K. C. !.im, LHB Engineers and Architects, addressed the Council. Mr. Pearce asked for Council approval of the footprint of the proposed new City Hall. Then they will move into the detailed layout and look at individual spaces. ~, footprint is for 10,000 square feet for offices and the Council c..dmbers. They are still proj ecting to stay wi thin budget and their goal is to break ground around September 3. -' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, April 22, 1997 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to consider the Preliminary Plat of the Planned Unit Development of "Nightingale Preserve" consisting of 11 single family residential lots as being proposed by Nightingale Partners, LLP located in Section 15, Township 32, Range 24, Anoka County, Minnesota. The property is legally described as follows: The Southeast Quarter of the Southwest Quarter of Section IS, Township 32, Range 24, Anoka County, Minnesota. \ All written and verbal comments will be received at that time and location. A ! , ./ copy of the application and location will be available at the Andover City Hall for . review prior to said meeting. ~ia ' Victoria V olk, City Clerk Publication dates: April 11, 1997 April 18, 1997 ) ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: May 6. t 997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. S. Comprehensive Plan Amendment Sections 22, 29, & 30 John Hinzman, 1 IN \t City Planner Request The City Council is asked to review an amendment to the Comprehensive Land Use Guide Plan in order to bring 191 acres of the 1996 Metropolitan Urban Service Area expansion into conformance with urban land uses. A 171 acre low area east of 7th Avenue and north of Bunker Lake Boulevard is proposed to be designated RU, Resdential Urban Single Family, and a 20 acre area located directly north of Oak View Middle School owned by Centre Oaks Partnership to be designated RM, Residential Medium Density, Planning and Zoning Commission Action The Planning and Zoning Commission reviewed the amendment at the April 8, 1997 meeting, Please consult the attached minutes and staff report for more information, 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, the Comprehensive Plan Land Use Map identifies areas that have been incorporated into the 1996 Metropolitan Urban Service Area (MUSA) expansion amendment that are guided for rural land uses and should be designated for urban uses, WHEREAS, Minnesota State Statute Chapter 473,858 stipulates that the all official controls be in conformance with the Comprehensive Plan, 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: 1) Change the land use district designation from RR, Residential Rural to RM, Residential Medium Density on 11.5 acres legally described as follows: / The part of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the southwest comer of the Northeast Quarter; thence northerly on an assumed bearing of North 0 degrees 00 minutes 15 seconds West, along the West line of said Northeast Quarter 445,00 feet; thence South 88 degrees 51 minutes 00 seconds East, parallel with the South line of said Northeast Quarter, 1013.00 feet; thence North 0 degrees 21 minutes 20 seconds East, parallel with the East line of said Northeast Quarter 709,92 feet to the intersection with the North line of the South 1155.00 feet of said Northeast Quarter, as measured along the West line thereof; thence North 0 degrees 21 minutes 20 seconds East 158,83 feet to a point of intersection with the North line of the South Half of said Northeast Quarter, said point being 1608.47 feet westerly from the northeast comer of said South Half and the point of beginning of the land to be described; thence northeasterly to a point of intersection with the South line of the North 60 acres, said point 1513.44 feet westerly from the southeast comer of said North 60 acres; thence easterly along , J Page Two Resolution Comp Plan Amendment MUSA Expansion said South line to the East line of said Northeast Quarter; thence southerly along said line to the North line ofthe South Half of said Northeast Quarter; thence westerly along said line 1608.47 feet to the point of beginning; Subject to roadways, said parcel containing 11,50 acres including State Aid Highway No, 78, 2) Change the land use district designation from RR, Residential Rural to RU, Residential Urban Single Family on 8,5 acres legally described as follows: ) Commencing at the Southwest Comer of the Northwest Quarter ofthe Northeast Quarter of Section 22, Township 32, Range 24, Anoka County Minnesota; thence easterly along the South line of said quarter quarter a distance of 1031.53 feet; thence northeasterly to a point on the South line of the North 60 acres of the Northeast Quarter of said section, 1513.44 feet west the East line of said quarter; thence westerly a distance of 1126.56 feet; thence southerly to the point of beginning, Subject to easements of record, 3) Change the land use district designation from RR, Residential Rural to RU, Residential Urban Single Family on 171 acres legally described as follows: , / Commencing at the Southwest Comer of the Northwest Quarter ofthe Southeast Quarter of Section 30, Township 32, Range 24; thence East 63 feet to point of beginning; thence North 00 degrees 13 minutes 41 seconds West a distance of 725,74 feet; thence East a distance of 1331.76 feet to the East line of the Northwest Quarter of the Southeast Quarter of said section; thence North along said line 594,15 feet to the Northeast Comer of the Northwest Quarter of the Southeast Quarter; thence South 80 degrees 43 minutes 26 seconds East a distance of395,97 feet; thence South 14 degrees 25 minutes 34 seconds West a distance of 215,00 feet; thence South 31 degrees 34 minutes 03 seconds West a distance of 168.10 feet; thence South 05 degrees 06 minutes 08 seconds West a distance of 224.89 feet; thence South 00 degrees 40 minutes 55 seconds East a distance of 616.71 feet to the South line of the Northeast Quarter of the Southeast Quarter of said section; thence East along said line a distance of346.84 feet; thence North 02 degrees 12 minutes 09 seconds West a distance of 69,97 feet; thence North 20 degrees 12 minutes 59 seconds East a distance of 335,68 feet; thence North 08 degrees 39 minutes 35 seconds West a distance of306,05 feet; thence North 23 degrees 31 minutes 45 seconds East a distance of 533,25 feet; thence North 01 degree 49 minutes 17 seconds West a distance of 104,36 feet; thence North 88 degrees 46 minutes 04 seconds East a distance of292,55 feet; thence South 46 J Page Three Resolution Comp Plan Amendment MUSA Expansion / degrees 39 minutes 37 seconds East a distance of319.16 feet; thence South 72 degrees 13 minutes 08 seconds East a distance of200,91 feet; thence South 00 degrees 54 minutes 26 seconds West a distance of398,70 feet; thence North 88 degrees 40 minutes 04 seconds East a distance of 430.12 feet; thence South a distance of 181.20 feet; thence South 71 degrees 58 minutes 02 seconds East a distance of 157.86 feet; thence South 60 degrees 17 minutes 12 seconds East a distance of218.63 feet; thence South 85 degrees 56 minutes 52 seconds East a distance of299.58 feet; thence South to the Southeast Comer of the Northwest Quarter the Southwest Quarter of Section 29; thence East along the South line of the Northeast Quarter of the Southwest Quarter of said section 422.49 feet; thence South 00 degrees 54 minutes 41 seconds West 969,55 feet; thence South 88 degrees 51 minutes 17 seconds East a distance of 317 feet more or less; thence South 11 degrees 30 minutes 15 seconds East a distance of351.62 feet; thence South 28 degrees 45 minutes 00 seconds West a distance of 686,26 feet; thence West a distance of267.10 feet; thence North 78 degrees 03 minutes 16 seconds West a distance of245,81 feet; thence North 88 degrees 40 minutes 29 seconds West a distance of240.06 feet; thence North 79 degrees 12 minutes 42 seconds West a distance of 162,88 feet; thence North 77 degrees 58 minutes 13 seconds West a distance of 105,53 feet; thence North 22 degrees 50 minutes 15 seconds West a distance of 191.50 feet; thence North 239.36 feet to the South line of Section 29; thence West along said line to the Southwest Comer of said section; thence North along the West line of said section 165 feet; thence West along the southern corporate limits of the City of Andover to the East line of the Southwest Quarter of the Southeast Quarter of Section 30; thence North along said line to the Northeast Comer of said quarter quarter; thence West along the North line of said quarter quarter to the point of beginning. All in Township 32, Range 24, Anoka County, Minnesota. Adopted by the City Council of the City of Andover on this 6th day of May, 1997, CITY OF ANDOVER ATTEST: J,E, McKelvey, Mayor J \ ) Regular Planning Commission Meeting April 8, 1997 - Minutes Page 4 have e above the 100 year flood elevation, The post development rate of runoff cannot exce e pre-development rate, Staff has not heard of any of the existing structures flooding, MOTION by Leudtke, seconded by to forward to the City Council approval of the preliminary plat of Echo Hills Second Additl ith the condition that the relocation of 168th A venue 20 feet to the south to eliminate the v . Motion carried unanimously. This will go to the City Council on Ma. '* Comprehensive Plan Amendment Relatin~ To MUSA Expansion and Pilot Land Development \ j Mr. Hinzman asked that the Commission review an amendment to the Comprehensive Plan relating to areas of the 1996 MUSA expansion that do not conform with the Comprehensive Plan, Pilot Land retains ownership of 11.5 acres ofland in the proposed amendment and r'~quests that it be designated RM, Residential Medium Density. The other property involved is a 171 acre piece located at approximately Bunker Lake Boulevard and Round Lake Boulevard, This parcel is mostly wet, with only 20 to 30 acres being buildable. Mr. Hinzman noted Pilot Land proposes to construct twin homes on the 11.5 acre site. In \.'rder to allow for a multiple family district rezoning, an amendment to the Comprehensive Plan is required. MOTION by Squires, seconded by Barry to open the public hearing, Motion carried unanimously, No one appeared to offer testimony regarding this item. MOTION by Leudtke, seconded by Wells to close the public hearing, Motion carried unanimously, Commissioner Wells asked if there had been any contact with the School District on this amendment. Mr. Hinzman stated that there has been none but they could respond when the property to the north of Oak View Middle School develops, / \ ) Regular Planning Commission Meeting April 8, 1997 - Minutes Page 5 MOTION by Apel, seconded by Wells that the Planning and Zoning Commission forward to the City Council a recommendation for approval of the resolution amending the Comprehensive Plan as presented by staff. Motion carried unanimously, This will go to the City Council on May 6, 1997, dinance Review No. 213 214 218 219 and 220 son reviewed the following ordinances which have been prepared by staff: I Qrriin:tncg-1-1 g, Parking - Se ion 2 of this ordinance is going to be discussed by the City Council at their meeting of ril 15th regarding the Crooked Lake boat landing, Ordinance') 19, Gm,vth of Weeds - Administrator rather than the Zoning A e weed inspector will be changed to City inistrator, Other Business Mr. Carlberg reviewed the City Council on previous items fr Commission, noting that the City Council generally agreed wit the sketch plans of Hamilton Square and the Commercial Park; they approved a lot s it/variance requested by Robert Dehn; and a Special Use Permit requested by Richard Sy er was approved, Mr. Carlberg noted that the Metropolitan Council has approved the Co rehensive Plan amendment for Presbyterian Homes and it looks like the amendment for esterton Commons will also be approved, The Council also discussed the locations f day care centers as there are 4 or 5 located on the same block in the Hills of Bunker Lake, " /' CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE Apri18, 1997 AGENDA ITEM 5. Public Hearing: Comprehensive Plan Amendment relating MUSA expansion and Pilot Land Development ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA BY: 'j" \Ill W- John Hinzman City ..,1. BY: Request The Planning and Zoning Commission is asked to review an amendment to the Comprehensive Plan relating to areas of the 1996 Metropolitan Urban Service Area (MUS A) expansion that do not conform with the Comprehensive Plan. Pilot Land retains ownership of 11.5 acres of land in the proposed amendment, and requests that it be designated RM, Residential Medium Density. Applicable Ordinances j Minnesota State Statute Chapter 473.858 states if the comprehensive municipal plan is in conflict with the zoning ordinance, or any other official controls, those controls must 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." Background At the March 27, 1997 meeting, the Planning and Zoning Commission divorced those areas relating to the MUSA expansion from the Chesterton Commons amendment. In preparing the Chesterton Commons 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 change the land use district designation and to be more compatible with urban land uses. A 20 acre parcel located between Oak View Middle School, and the 60 acre site owned by Ashford Development site is owned by Pilot Land Development. Pilot proposes to construct tWin homes on 11.5 acres, In order to allow for a multiple family district rezoning, an amendment to the comprehensive plan would be necessary. Attachments A-I; Resolution approving the proposed Comprehensive Plan amendment, ) A-2; Information Summary for Comprehensive Plan Amendments for Met Council , I / Information Summary for Comprehensive Plan Revisions and Plan Amendments This form summarizes key information about your comprehensive plan revision or amendment that the Metropolitan Council needs for its review, Please complete the form 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 information to be included with your submittal.) V NOTE: If your plan amendment is a simple "housekeeping" change, you .need to complete only Part I ofthis form ("General Information," 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 form is used to enable staff to determine completeness within 10 days. If the response on the form references an attached plan, the reference must include the appropriate page, paragraph(s), tables, maps or figures. If you do not clearly reference where information 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 form (available in WordPerfect 5,1 or 6.1 and in ASCII). You may also submit a reasonable facsimile of this form 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; St. Paul, MN 55101-1634 , , I. General Information A. Sponsoring governmental unit Citv of Andover Name oflocal contact person John Hinzman Address 1685 Crosstown Blvd. NW Telephone number 755-5100 FAX number 755-8923 Internet address (if applicable) Name of preparer (if different from contact person) Date of preparation April 4, 1997 B. Check all that apply and fill in requested information: _ Overall plan revision / Name of amendment 1996 MUSA expi'ln~i()n rnmpli;m,..~ _ Revision of a plan chapter or element _ "Housekeeping" text change (If so, complete only Part I of this form,) ----K- Land use change (describe) Chanqe 11. 5 ac. from R R tn R M' chanqe 179.5 ac. from Size of affected area in acres 191 acres RR to RU _ Urban service area expansion (Applies only to amendments submitted before you submit your revised comprehensive plan due in 1998. Page 4.1 describes the information 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: Bring approximately 191 acres within the MUSA in conformance to urban land uses. ( " , / 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. V NOTE: If your community has access to a geographic information 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 form (one copy), in addition to the hard copies you send. The "Arc Export" format is preferred, but we can also use the "DXF" format. Putting this information in digital form 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.) X Acted upon by planning commission (if applicable) on (date) Approved by governing body, contingent upon Metropolitan Council Review on (date) Considered, but not approved by governing body on (date) Other (Please describe) " 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, ifany, and the date the copies were sent to them (required by Minn. Stat. 473,858, Subd, 2), City of Oak Grove, City of East Bethel, City of Ham Lake, City of Blaine, City of Coon Rapids, City of Anoka, City of Ramsey, Ind. School Dist #ll, Coon Creek Watershed Distrlct, Anoka County Highway Dept., Anoka Conservation District. / V Note: Please review the information requests in the following handbook sections for a , complete description of information 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 / A74 July 1996 II. Impact on Regional Systems , . , \ .I A. Wastewater Treatment 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? ---X- No - If not, 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 20 I 0 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 volumes 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. , , ./ 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? 1,330 trips per day (133 homes x 10 trips) 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 ---x-Yes a. Ifnot, 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: / A75 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 (TOM) strategies or land use and urban design measures? ----1L- 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? ~No _Yes - How? 4. Does the proposed plan revision or amendment affect pedestrian or bike systems? No X Yes - How? Portions of the affected areas abut proposed trail i'lrPi'l~. Please refer to attachment A-2 for more information. C. Aviation \ 1. Do your community's plan or codes/ordinances include a "notification" element to protect regional airspace? / X No ( _Yes 2. Do the proposed changes in the plan revision or amendment involve areas within an airport influence area or airport search area? ~No - If no, skip to "0," "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 _ 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-2 trails map / A76 July 1996 III. Impact on Land Use I \ I J 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: RR, Residential Rural - 191 acres b. Proposed land uses in acres: RM, Residential Medium Density - 11.5 acres. RU, Residential Urban Single Family 179.5 acres 2. For residential use amendments: a. Number of residential dwelling units and types (single, multi-family) involved under existing plan 18 Under proposed revision/amendment 151 b. Density under existing plan 0.09 Under proposed revision/amendment 0.79 / 3. For commerciaVindustrial/institutional 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 c. 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," ~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: 11.5 acres will be designated for Multiple Family development 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? -.L No _Yes - If yes, what is the schedule for completion of the EA W? J 2. Does the plan revision or amendment affect a state, federal or locally protected wetland? No -X- Yes - If yes, please include a map showing the location of the wetland. Describe the type of wetland An July 1996 / affected and how it will be protected or how impacts will be mitigated. See attachment A-3 ( , '. 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 No. 610W Indicate how any negative impacts will be mitigated: See Attachment A-3 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 -L.. 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? -LNo _Yes. Describe: _ Not Applicable 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? No Yes - If yes, how? 7. Has your community adopted a local surface water management plan? No -L.. 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? ----K...- No _Yes - If yes, when? Describe proposed changes: J 2. 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I..): ~ I... .....r:- 1:-: '-~-LIol 1 - ---'- ..:. ~ at / 0:: W ~ ~ , '- ~ 1'1 ~~ -.4C ~.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: May 6.1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson,~~ Engineering ITEM NO. Discuss New Location/95-12/Well #6 t... At the April 15, 1997, City Council meeting we discussed finding an alternate location for Municipal Well #6. After evaluating potential sites we are recommending a municipal well be constructed at the location identified on the attached map, This location coincides with our City Hall well field concept and will be constructed in the same aquifer (Ironton/Gailsville) as municipal wells #4 and #5, The City Council is requested to order the preparation of plans and specifications for the development of municipal well #6, City Project #95-12, , , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF WELL #6 , PROJECT NO, _ 95-12 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No, 95-12 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6th day of May ,19 97 , with ) Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk , ) I , I I 1 r I I o! I () / I I ~ , / /1 , Ih \ : .................AIlI_y . 'I , . !:~ i J \ '_c _ H ~ ii ~, _.~~_~ J L' , ~""~ :::....:. 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" '.' ..... .: _"':" . ~.l:' I . !FE~JI'~I!~ ,(:/f' ' .' ......".. . ... . II !.. , ......... "I" .~:I'I'~:: . esTA :~ ,". ; ] J..: R'TJ:/EL',. "I..~ I ~. "I':s-!~' i,;>\';!(J;"'~'t~:' ~, i --.g I I . i . ~ ~j<lf'~ ~ "'-Z'." :%' . ,L J ~ ~'''l ~:;: _.:'''''~' ~::'7'; " .,..;"1,,,," '-- __ I. I h.. ., "" '. " "!i '~/.~' / .JI, ' fu.;.: H;\'Ji\'~,,~' ): .. ;( : I .~' (:.;~~, 7 A...... I I : U *1W . ..;. "::f\'\1:. "''<D, :. ~r.A-',~'; : ". ......1/ i............... l ~I'~"':~'o .. ::_t-Jt.~.. , ',,>V L- : " ", .: ell' ..~"<Y...8. I ~; ;:"" ~ ' . .l t . , I 'V-^,\I--',->l I . """", ' ;. ~ . . , . " &.. ,,, '. ' ~ Ig" ~ ~ ~ I.......... :~~,: ;~" : ;'~ '\ '. ; o-L I - >, '[ -, , 7 ~. ." i:-,' ,,' C. J _' 7," .. :.,.:' I : -;r.;y~ ~ ... , ~ /' ~0{... m"'" I ' ,....t$ ~"" ,L-.::K ", ;:'-:'1,-;- ,..I...',;....,!~, iirv,' I 1_ :~. ., ,.,.""';~ ~~: ..'.. .~ "~:;"~" I:; ""."" ~,(~t - :~: . '.... .' :. ,.:52: :' 3....; ,;:l.('; ", M ~ ~ oj. . .rr ~ 'ti:7fA tr: . "~.~ 1 r II ':H .j~'.'..,; : '. ~ ~I: .~; ~;~::~~" ~~,~ -\ \- II _ ".. _= ----- " ,- Iiii" '<'''' i " ) I I I ! I i i I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: May 6. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson,~t. Engineering ITEM NO. Discuss Hamilton Square Request for Private Construction of City Maintained Streets and Utilities, 7. The City Council has been requested by the attorney for the Hamilton's to allow the Hamilton's to install their own municipal improvements (street, watermain, sanitary sewer and storm sewer). The City policy is and always has been that the City utilities are installed by the City to insure proper installation and long term assurance that future maintenance and repairs to the facilities are kept at a minimum, " ) We are not recommending we deviated from our current practice. The timing of their development really resides in their ability to have their engineers and surveyor expedite their design of this development for them. We have also indicated to them that it is important on their part to insure they design the development in accordance with all city ordinances and policies on their first submittal to reduce the city review time for this project. Staff will continue to work with the Hamilton's and their engineers to provide the most efficient use of time in their development of this project. We have indicated to them that we are available at any time to answer their questions and help insure their engineers and surveyors have the information they need in their design of the project. If the preliminary plat design is substantially correct on their first submittal the timing of the installation of the streets and city utilities should be achievable in a acceptable time frame, .I '\ "-) JENSEN & SWANSON, P.A. ATTORNEYS AT LAw 8525 EDlNBROOK CROSSING SUITE #201 BROOKLYN PARK. MINNESOTA 55443 TELEPHONE (612) 424-8811 TELEFAX (612) 493-5193 l"'llolprr-1\'';''_ n ~Jl":'" ~\,>" .r:~ ~.':~f :1-' ..i.P APR 2 3 1997 CITY ell- hl\JUuVER GORDON L. JENSEN '" WILLIAM G. SWANSON ROGER W. KUEHN BREIT A. PERRY April 22, 1997 OF COUNSEl; LoRENS Q, BRYNESTAD CHMLES W. ROGERS JAMES P. TwEEDY City of Andover Attention: City Engineer, Scott Ericlc;on 1685 Crosstown Blvd. N.W. Andover, Minnesota 55304 Re: Proposed "Hamilton Square" Dear Mr. Erickson: C) As I indicated to you in our telephone conversation on Monday, April 21, 1997, I am legal counsel for Mr, and Mrs. Hamilton in connection with their proposed development of a commercial plat substantially as depicted in the concept plan, a copy of which is attached to this letter. As I believe you are aware, Mr. and Mrs, Hamilton have found prospective users for the proposed Lot 1 and proposed Lot 2, Block 1. Timing for the development is critical for these prospective buyers, In order to accommodate the needs of the users, Health Partners and the U.S. Postal Service, we respectfully request that the Andover City Council permit installation of streets and utilities under private contract. We anticipate utilizing Loucks and Associates, Inc. of Maple Grove, Minnesota as the principal engineers for the project and anticipate that appropriate escrows would be established under the Development Agreement to ensure completion of the improvements in accordance with city standards, I would appreciate it if you would arrange to have this matter placed on the Agenda for consideration by the City Council at its meeting on May 6, 1997, If you need further information or if any further formal documentation is required in order to submit our request to the Council, please advise me immediately, Thank you, Sincerely, _;b_-,__-c~ Gordon L. Jensen JENSEN & SWANSON, P,A. C] GU :sar Enclosures cc: Edward Hamilton HAMI'()I.LTR (28l\GU) 'Real Estate Specialist Certified By The Minnesota State Bar Association ------------ ----- -1 s I s (COUNTY ST ATE AID HIGHWAY NO. 78) HANSON BLVD, 51043'5StlE 1274,93 " / L "\" .~ ~8 ~ 3.Lt.ti:.til'f </ 00;001 " -..1& 299.01 ~. 8'; Ii \~ .... ,/ --'00.50 S86'01"7"[ : ::- ~;;'~6'0~"[ ~ ~ 1 o 9- N88't6~55~~ -< :. ~~ () 7'- N Z 0> ; ~ ~ (JI N '" -1. SO'24'.35"W 512..37 0; m !" '" " - (.1J:= -n _:: CJ ;.~ )> ~; 0.- 0-: :j ,- ~~ f: in ~ ~ g ~ . i ~ ~ - I I '\ ~ ~~ ~ (j) a rcr~ ~ () 000 p ~ ::: ~ r 0 ~ I' ..1 6 ", z ~ ~~~ ~ -ff} ~ .=1 0 E ~~~ z 0 > . -:x1 iiI l'l ... . () 0 ~~~ > :r ~~ ~ . - . ;l;l;l v ~ ~ 1 ~ '" !iI !iI!iI!iI 0 " 0 ~~ ~ l.u...~ !l 0 ! . ~8~ a 0 ~ ~ ~>> ~ " QQ ~ -" '" ~~~ z r'1 0 ~ r:j 0 ~O ~ ~ "On ro >z Zn "TIfT! 0"0 ?;J-f I )> ~ I --J o Z (J) o c )> :::0 fTl CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: May 6. 1997 AGENDA SECTION ORIGINATING DEPARTMENT EDA Meeting Administration Richard Fursman ITEM NO. Land Purchase ~"". REQUEST: The Economic Development Authority is requested to approve the proposed purchase of approximately one acre of property owned by Richard Heidelberger, The property, located to the south of new Commercial Boulevard has been in condemnation proceedings, A special negotiating committee was assigned to come to terms with the owner of the property, The proposed terms for the property are as follows: / Purchase Price: Clean-up Reduction: Final Purchase Price: $43,600 <$6.600> $37,000 See following page for map of area / l> Z 0 ~ .. '" 21 . ..-. J: t ~ . ,< \ ~ ~I 2l . .!, .... ";.. ~. ~ .. @ ... ~ r- .. -. .- ~ l' ~ z ~ ~ .., l p ~ f_ . l ! i~ t ~. ~ / / RTlN ST. r~~ I, ;, c 'r ~ ._': "Jr _",_ ,I '.: 'I '~ . ~-- '. . 'S:' I : I -. :i 'I 11 " . :' 1/ 1; , . . . -..- .. (A ~ " ',~ ., .. ~a~ ~~ \2V -sf: 1> G) 1> . (.n .~ ..... "Z.. ~ f ~'- ~ .... ~ ~ 't ~ ~ "'l ~ C)"ll <:) b. ~~ ~ ~ .~ ~ "b=ti ~ (I) \-:: , / PURCHASE AGREEMENT / THIS PURCHASE AGREEMENT (the "Agreement") is made and effective as of , 1997, by and between Richard Heidelberger - ("Seller") and the Andover Economic Development Authority, a body corporate'and politic ("Buyer"). RECITALS: WHEREAS, the Buyer is desirous of purchasing property owned by the Seller within the Andover Tax Increment Financing District No. 1-1 for the purpose of redevelopment; and WHEREAS, the Seller has agreed to sell certain property that he owns within said Financing District. \, NOW, THEREFORE, in consideration of the amount of One ($1.00) Dollar paid by Buyer to Seller, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the foregoing Recitals, the mutual promises of the parties hereto and the mutual benefits to be gained by the performance hereof, Seller and Buyer agree as follows: 1. Sale. Subject to the terms, conditions, covenants and provisions of this Agreement, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the real property located in Anoka County, Minnesota, legally described as: See Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "Property"). 2. Purchase Price. In consideration of the transfer of the Property to Buyer described in Paragraph 1, Buyer shall pay the sum of Thirty Seven Thousand and nol100 ($37,000.00) Dollars. Said amount shall be paid as follows: / -1- / (a) One Hundred and no/100 ($100.00) Dollars earnest money; (b) Thirty Six Thousand Nine Hundred and nol100 ($36,900.00) Dollars on or before the Date of Closing. 3. Marketable Title. Subject to the full performance by Buyer, Seller agrees to execute and deliver or cause to be delivered a Warranty Deed and any other documents necessary to fulfill the terms of this Agreement. The Warranty Deed shall convey marketable title to the Property, subject to the following exceptions: (a) Laws, ordinances and State and Federal regulations; (b) Restrictions relating to use or improvement of premises without effective forfeiture provision, including, without limitation, the Declaration of Covenants, Conditions, Restrictions Reservations and Easements placed or to be placed on the Land and Property by Seller (the "Declaration"); and (c) Reservation of any minerals or mineral fights to the State of Minnesota. ) 4. Real Estate Taxes and Soecial Assessments. Seller shall pay the real estate taxes and installments of special assessments due in the year 1996 and prior years. The parties agree that the real estate taxes and installments of special- assessments due and payable in the year 1997 shall be prorated to the Date of Closing based upon a calendar year. Buyer shall pay all of the real estate taxes and installments of special assessments due and payable in 1997 and all years thereafter. 5. Title. (a) Commitment or Abstract. Seller shall, within a reasonable period of time after approval of this Agreement, furnish Buyer with one of the following, at Seller's sole discretion: (i) a Commitment for the issuance of an AL T A owner's policy of title insurance issued by a title insurance company licensed to do business in the State of Minnesota ("Title Company") in the full amount of the Purchase Price (the "Commitment"); (ii) an Abstract of Title; or (Hi) a Registered Property Abstract. -2- / (bl \C:: Examination of Title: Obiection: Seller's Election. Buyer shall be allowed twenty (201 days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, Seller shall have 'ten (101 business days following receipt of Buyer's title objections to either elect to: (i) proceed to make the title marketable or (ii) terminate this Agreement. Seller shall notify Buyer of its election in writing prior to the expiration of such ten-day period. In the event Seller elects to terminate this Agreement, Buyer shall execute and deliver to Seller a quit claim deed for the Property in favor of Seller in exchange for return of its earnest money within ten (101 days after receiving the termination notice. Thereafter, the parties shall have no further obligations under this Purchase Agreement. (cl Title Not Made Marketable. If said title is not marketable and is not made so within one hundred twenty (1201 days from the date of written objections thereto as above provided, Buyer, at its option, may: , ) (i) Declare this Agreement null and void, in which event: (al Seller shall ipromptly thereafter refund to Buyer the Earnest Money; (bl Buyer shall execute and deliver to Seller a quit claim deed for the Property in favor of Seller within ten (101 days from the expiration of the one hundred twenty (1201 day period; and (cl Buyer shall have no further remedies or causes of action against Seller; or (ii) Waive the objection to marketability of title and proceed to closing. (dl Title Made or Found Marketable. If the title to the Property is found to be marketable or is so made within said one hundred twenty (1201 day period, and Buyer shall default in any of the agreements and continue in default for a period of ten (101 days, then and in that case the Seller may, at its option, terminate this Agreement and on such termination all the payments made upon this contract shall be retained by said Seller, as liquidated damages, or enforce any of Seller's remedies as described in this Agreement, time being of the essence hereof. 6. Contingencies. This Purchase Agreement is contingent upon the following items: J (al Acceptance of this Purchase Agreement by the Andover Economic Development Authority; (bl Seller removing all personal property located above ground from the Property prior to the Date of Closing at Seller's expense; -3- \-=- / In the event anyone of the above contingencies have not been satisfied on the Date of Closing,.this Agreement shall be voidable at the option of the Buyer. 7. Default. (a) Default bv Seller. In the event that Seller should fail to consummate the transactions contemplated herein for any reason, except for a default by Buyer, Buyer may: (i) Terminate this Agreement, in which event the earnest money shall forthwith be returned to Buyer; or (ii) Enforce the specific performance of this Agreement and, in such action, shall have the right to recover damages suffered by Buyer by reason of the delay in the acquisition of the property provided that such action is commenced within six (6) months of the date of this Agreement; or .f., .. (iii) Bring suit for damages for breach of this Agreement. No delay or omission in the exercise of any right or remedy accruing to Buyer upon any breach by Seller under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by Buyer of any condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained. All rights, powers, options or remedies afforded to Buyer either hereunder or by law shall be cumulative and not alternative, and the exercise of one right, power, option or remedy shall not bar other rights, powers, options or remedies allowed herein or by law. (b) Default bv Buver. In the event that Buyer should fail to consummate the transactions contemplated herein for any reason, except for a default by Seller, Seller may: (i) Enforce the specific performance of this Agreement and, in such action, shall have the right to recover damages suffered by Seller by reason of the delay in the sale of the Property; or (ii) Bring suit for damages for breach of this Agreement; or , ) (iii) Cancel this Purchase Agreement and retain the earnest money. -4- \-=- , I No delay or omission in the exercise of any right or remedy accruing to Seller upon any breach by Buyer under this Agreement shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by Seller of any condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained shall' not be deemed to be a waiver of any other condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained. All rights, powers, options or remedies afforded to Seller either hereunder or by law shall be cumulative and not alternative, and the exercise of one right, power, option or remedy shall not bar other rights, powers, options or remedies allowed herein or by law. 8. Miscellaneous. (a) Notice: Deliverv. Any notice given under this Agreement shall be deemed given on the date the same is hand delivered to the following addresses or is deposited in the United States mail, registered or certified, postage prepaid, addressed as follows: To Seller: Richard Heidelberger 2052 Bunker Lake Boulevard Andover, MN 55304 ) To Buyer: Andover Economic Development Authority 1685 Crosstown Blvd Andover, MN 55304 All documents to be delivered shall be delivered to the above addresses. (b) Interoretation. All previous negotiations and understandings between the parties or their respective agents and employees, with respect to the transactions set forth herein are merged in this Agreement which alone fully and completely expresses the parties' rights, duties and obligations; and this Agreement constitutes the entire understanding between the parties. This Agreement may be amended or modified only in writing signed by both parties. All conditions precedent to Seller's performance hereunder and all options in favor of Seller hereunder to terminate this Agreement are for the sole benefit of Seller and, as such, may be unilaterally waived by Seller. (c) Headings. The headings in this Agreement are inserted for convenience only and shall not constitute a part hereof. ) -5- \, (d) Assianment. Neither party may assign its rights and interest in this Agreement without the prior written consent of the other party. (e) Time. Time shall be of the essence hereof. (f) Governing Law. This Agreement and all documents executed in connection herewith or pursuant to the terms hereof shall be governed by and construed in accordance with the provisions of the laws of the State of Minnesota. (g) Counteroarts. This Agreement and any amendments to this Agreement may be executed in counterparts, each of which shall be fully effective and all of which together shall constitute one and the same instrument. (h) Third PartY Beneficiarv. There are no third party beneficiaries of this Agreement, intended or otherwise. (i) No Joint Venture. Seller, by entering into this Agreement and consummating the transactions contemplated hereby, shall not be considered a partner or joint venturer of Buyer. (j) Severabilitv. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. / (k) Attornev's Fees. If Seller or Buyer commence an action against the other party arising out of or in connection with this Agreement, or for the declaration of rights hereunder, then as between Buyer and Seller, the prevailing party shall be entitled to recover its reasonable attorneys' fees from the other party, and such fees shall be included in the judgment. 9. Closina. The closing on the sale of the conveyance of the Property from Seller to Buyer shall take place on May 30, 1997 or such other time as the parties may agree. 10. Place of Closina. The closing shall be held at the offices of William G. Hawkins, 2140 Fourth Avenue North, Anoka, Minnesota. - ) -6- \ / 11. Hazardous Substances and Debris. Buyer acknowledges that it has conducted soil testing on the site and has information regarding the existence of hazardous substance and buried debris upon the property. Buyer agrees that it will be solely responsible at its own cost for ~emoval of any debris and hazardous substances. IN WITNESS WHEREOF, the parties hereto have set their respective hands as of the effective date first written above. SELLER: BUYER: / ) Richard Heidelberger ANDOVER ECONOMIC DEVELOPMENT AUTHORITY By J. E. McKelvey, President By Richard F. Fursman Executive Director -7- EXHIBIT A / Parcel 2 The East 208.708 feet of the West 241.708 feet, of the Northeast Quarter of the Southwest Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. Except the North 834.832 feet, as measured along and parallel with the West line thereof. Also except the South 241.708 feet, as measured along and parallel with the West line thereof. Parcel 3 An undivided one-half interest in the following described property: The west 33 feet of the Northeast Quarter of the Southwest Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota, lying south of the north 834.832 feet, and lying north of the south 241.708 feet thereof, as measured along the west line of said Northeast Quarter of the Southwest Quarter. t: / , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ./ DATE: May 6. 1997 AGENDA SECTION Non-Discussion/Consent Item ITEM NO. Schedule Special Meeting with Park & Recreation Commission Q. ORIGINATING DEPARTMENT Todd Haas, /" Parks Coordinator The City Council is requested to schedule a special meeting with the Park & Recreation Commission to continue discussing items from the April 8, 1997 special meeting. Possible dates for the special meeting would be as follows: A. May 15, 1997 at 7:00 PM to approximately 8:30 PM, The Park & Recreation Commission would begin their regular meeting after the special meeting, B. May 20, 1997 at 6:30 PM to approximately 8:00 PM. The City Council would begin their regular meeting after the special meeting. / 1. Uncompleted items from the April 8, 1997 special meeting are as follows: . Approve Allocation Funding Source/95-24/Coon Creek BikewaylWalkway Trail/Cont. . Discuss PolicyfTrails and Sidewalks/New Developments . Discuss Irrigation Well/96-9/Sunshine Park Note: We are recommending that a commitment be made by the City Council members to be available for the special meeting on the date that is to be selected, so decisions could be made so that a future special meeting would not be necessary with the Commission. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: May 6. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Reports of Staff, Committees, Commissions Planning ITEM NO. John Hinzman,-5~ Appointment of Acting City Planner Comprehensive Plan Task Force Chairperson and Alternate Member ", I' '" . Request ! The City Council is asked to appoint an Acting Chairperson and alternate member to the Comprehensive Plan Task Force Committee, Lynette Barry was unanimously nominated as Acting Chairperson at the April 24 meeting, The Task Force has learned that Tom Widhalm will no longer be able to serve on the committee, Altemate member, Bud Holst has agreed to serve in his absence, The following people have expressed interest in serving on the Task Force: " 1. Leonard J, Groen Sr., 4048 Genie Drive NW 2, Don Jacobson, 14826 University Avenue NW 3. Jeff Kieffer, 3975 149th Avenue NW 4. Jim Lindahl, 17275 Tulip Street NW 5, Rebecca Pease, 3300 152nd Lane NW CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 6, 1997 DATE AGENDA f\O. SECTION Non -discussion Item ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA ITEM f\O. II. Rezoning - R-l to R-4 Chesterton Commons Section 23 Ashford Development Corporation David 1. Carlberg BY: C mmunity Development DirectOI The City Council is asked to approve the rezoning request of Ashford Development Corporation to rezone property from R-l, Single Family Rural to R- 4, Single Family Urban on the property legally described on the attached amendment to Ordinance No.8, Section 6.03, Zoning District Map. The City Council tabled this item at the March 4, 1997 meeting until such time as a Comprehensive Plan amendment may be approved by the Metropolitan Council. Attached is a letter from Thomas C. McElveen, Deputy Director, Housing Development and Implementation approving the amendment. The property is to be platted and known as "Chesterton Commons". Attached is an amendment to Ordinance No.8, Section 6.03 for Council adoption. I MOTION BY: SECOND BY: ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: The District Zoning Map of the City of Andover is hereby amended as shown on the attached map, showing the following rezoning: The property legally described as follows is rezoned from R-1, Single Family Rural to R-4, Single Family Urban. The Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota, Except the following described parcels. .J That part ofthe Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota, lying Southeasterly of the centerline of County Road No. 18; and That part of the Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at the Southwest Corner of the Southeast Quarter of the Northwest Quarter of said Section 23; thence east on the south line thereof to the centerline of Anoka County Road No. 18; thence northeasterly along said centerline a distance of 551.50 feet; thence northwesterly at right angles to said centerline a distance of 404.00 feet; thence southwesterly at right angles to last described line 675.26 feet, more or less, to the west line of said Southeast Quarter of the Northwest Quarter; thence southerly on the west line thereof to the point of beginning, according to the United States Government survey thereof, Anoka County, Minnesota; and The Northwest Quarter of the Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota. , .I Subject to restrictions, reservations and easement of record, if any. , i / Page Two Ordinance Amendment Rezoning - R-1 to R-4 NOTE: All other Sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 6th day of_ May , 1997. City of Andover ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk ) ) ..... \ , , '. - 'l: r- ..{ ..., I "- M.a~L.(l ';\T~ "'_.1..,,~.....,,,. , I~; ~ ii; \ " , ' \,) H ~ , I \ ~( 1/1'/ f-f( ~! , / \ ' _A. Y .:::::;;!..~-_... ..,. , - ~-- ,:;.-.. 2 '_'--n-~~ I . ; , 1 - Zoning ?(. ..>y v I \ . nO:' 'r-~~'~~" .....-:. .3 . " ~TES I . ~~-r.. . ::;,.... " -- n ROLLING FOP..=. I >' \ .... -C~ ", 1 10 ).. .~. 'x( -\~~~ ;~ ^ (\' ~ -I .J.. -< ~.:> i : }/ 'i I ' ." I -.l&; .:-:J...~~~~"~:;:;.:M .-- I ~ I I I' ,I . I , 1'-- I. ; ! , ,/ , J ,- -.;.'. -db-- .",~, , ".'.. ., ,.~.., .:-. _ "-'4~ ~ . . \, \~- Ii 't '\ ..'~ \ < ' (( ,';- . nl II i""! ___._J :~ '-'-,~: Ii i I; , II II - - ----J,' ,I' I" J.I, d 1'1 'II ~l'~:" j -'r- ", !~ --- II . -..~ ~ --.;:.- , , , , ; I II Ii ,I:C. J~!T.-"""'-"'" . I , , , I , ...J _~c ......-,.;7 " - ,., ""Rt. I I: . -- --r _-; -.. ') , ' -=-....., \- - , - .,I.. \ """ /)... / I' ~'_ -1\\ (~\/~'r~- ~ '\\ '\ '" ;\'\ ." ~" \ r (~ ; \ \ /~ (' J \. -'-....1(J-' c \ 1'~\J '<\ , (., I 1\'" T . -.. ~ , ~ r,! r \ \ \ ,.,~ ~,-, -< ( f:=-~.--= '- "-", "--J i \ ~ ..J ,S' .! r . -;?' '" ~ I \ I "'cz \~.>- -1 I ( ; ..... 00\ \\. I ('~~;J-! C ) , .... -....' \ I ~~f;~>~1--_ I~ '\ ! . i:.r-J'" . ~ 'L . ~ - . 2 . i" ;, '.1 . I \--; ..: " ... , . Ii'_. ,:-6A_RN~ i BOLLING i . ~. ~ j' . ~ .~.zO;&$I~2N.. if-AOo. - J J ~ _ -.J:r. ~F~~"-i.; ,;/5-' ! ,i;. ~ -.5 -bj ff . ill' , ."~ '1 ~! '~''': ......'.~i 7 1 [T_....\ . !,. '""r "J. . ~ \, ) I I 1 ~ ! I ----~ . " ! CITY ~ALL / GR 2 ~ R-I i. ~ Metropolitan Council ~ Working for the Region, Planning for the Future / April 9, 1997 RECl:./VED APR 11; 1997 John Hinzman, City Planner City of Andover 1685 Crosstown Boulevard N,W. Andover, MN 55304 CITY CF ANDOVER RE: City of Andover Comprehensive Plan Amendment Chesterton Commons - Land Use Changes - 260 acres Metropolitan Council District 9 Metropolitan Council Referral File No. 16495-1 Dear Mr. Hinzman: On March 27, 1997 the Council received the above-named plan amendment for review. Staffhas reviewed the material and determined that it is in conformance with metropolitan system plans, consistent with the Metropolitan Development Guide and companble with plans of other units of government. Therefore, the Council will waive further review and you may place the amendment into effect. J . . -..... The plan amendment proposes to change the land use. designation of 260 acres:: 160 acres from Open Space PUD to Residential Urban Single Family 40 acres from Medium Density to Residential Urban Single Family 60 acres from Rural Residential to Medium Density This change would reduce the number of potential residential dwelling units from 624 to 575. City staff has advised that approximately 170 of the 260 acres are considered buildable, Therefore, the 575 total units proposed would result in an overall density of approximately 3,38 units/acre, consistent with the Council's overall growth strategy for the region, The following Advisory/Technical comments are provided: Environmental - The city should provide information documenting that on-site program upgrades previously agreed to have been completed. Parks and QDen SDace - The proposed land use change does not include any regional recreation open space lands. The application indicates that the site includes a trail segment or connection to a regional park or trail. While the regional trail system does not include this site, Bunker Hills Regional Park is located south of the site. It would be the responsibility of the city to provide trail connections to this regional facility as is indicated on the city trails plan, With the present PUD designation, an open space system within the development could occur with the trail connections, By changing the designation to residential/single family, the potential for an open space system is reduced. It is important that the city carefully review the proposed plat and required park dedication to facilitate the trail connection to Bunker Hills Regional Park as well as local connections with Andover City Hall and Coon Creek Park, / 230 East Fifth Stret't St. Paul. Minnesota 55101.1634 (612) 291,6359 .ax 291.6550 TDD/TIl' 291,0904 Metro Info Line 229-3780 An &/lIul Opponunitlj Emplo!JPr. ) \ ) ) ~ John Hinzman April 9, 1997 Page 2 The amendment, explanatory materials supplied and the information and submission form will be appended to the city's plan in the Council flIes. This concludes the Council's review. If you have any questions on the material requested, please contact Audrey Dougherty, the principal reviewer at 291-6380. s~ Thomas C. McElveen, Deputy Director, Housing Development and Implementation ~ cc: David Hartley, Council District 9 Sherry Narusiewicz, MnDOT Dick Thompson, Bob Davis, Don Bluhm, Debra Sorenson Nelles, Lynda Voge and Audrey Dougherty, Council staff ) A.a4fnrb mrurlnpmrut QInrpnratinnf lint. 3640 - 152nd Lane N.W. · Andover, MN 55304 . 612-427-9217 April 21, 1997 RECEIVED APR 2 11997 CITY OF ANDOVER Mr. David Carlberg Community Development city of Andover 1685 crosstown Blvd Andover, MN 55304 Director RE: Rezoning Chesterton Commons ) Dear Mr. Carlberg, Please place the rezoning request of Ashford Development Corporation, Inc, dated 12/17/96 on the city Council Agenda of May 6, 1997. Thank You, ~w~ Jerry Windschit, President Ashford Development Corporation, Inc. , ./ / An1Jfnrb 1lIrurlnpmrut QTnrpnratinu, 3Jur. 3640 - 152nd Lane N.W. . Andover, MN 55304 · 612-427-9217 March 18, 1997 RECEIVED MAR 191997 CITY OF ANDOVER Mayor and City council City of Andover 1685 crosstown Blvd NW Andover, MN 55304\ Dear Councilmembers, J Ashford Development corporation, Inc. requests that its rezoning request dated 12/17/97 be continued until the comprehensive plan amendment for the property has been acted upon by the Metropolitan Council. it is our understanding that this Comprehensive Plan amendment will be subject to a public hearing on March 25, 1997 and that it would be sent to the Metropolitan Council in a timely fashion. Sincerely, ~tv~ Jerry Windschitl, President Ashford Development Corporation, Inc. ) Regular Andover Ci ty Council Meeting Minutes - March 4, 1997 Page 8 J (Rezoning/Chesterton Commons, Continued) and Recreation Commission did not want the area proposed as park. It appears the OS zoning classification could become an attempt to force someone to give land for nothing to the City, which is not reasonable. Mayor McKelvey recalled the OS designation suggested by the Comprehensive Plan Task Force in 1991 was to accommodate a city golf course. Since it appears unlikely the City will want to purchase or operate a golf course, that zoning should be removed from the Comprehensive Plan. Because of the time factor for development this year, Mr. Windschitl suggested the City initiate a Plan amendment on this property to remove the RM zone on the acreage for this plat and place it on a 60-acre parcel he owns to the west of Hanson Boulevard where he is proposing senior citizen housing with many amenities. Then the Council could approve the preliminary plat for Chesterton Commons contingent upon the approval of the amendment to the Comprehensive Plan. Once the preliminary plat has been approved, he asked that he be allowed to grade the property at his own risk so he does not miss the construction season for this year. He would grade the entire project at one time. \. Attorney Hawkins understood the request to be the City would initiate a Plan amendment to swap a R."t zone. with an RU.' zone to the west and to change the OS designation in the proposed plat to RU. The developer / would withdraw the rezoning request and the City would approve the preliminary plat contingent to the Comprehensive Plan amendment being approved. The developer would still have to come back for the rezoning, , which would be held in abeyance until the Plan amendment is approved. The developer would not be allowed to do more than grade the project at his own risk. If the Plan amendment is not approved, the preliminary plat would not be approved and the developer would have no further rights under that plat. Mr. Windschitl agreed and would table the rezoning until the Comprehensive Plan amendment comes back to the City. MOTION by Orttel, Seconded by Dehn, that the Council table the rezoning for Chesterton Commons subject to written approval from the petitioner, and that it be brought back at such time as a Comprehensive Plan Rmendment may be approved by the Metropolitan Council. The amendment would change the land use for the plat from RM and OS to single family residential, Motion carried unanimously, MOTION by Orttel, Seconded by Kunza, that the Council direct Staff to start preparation of a Comprehensive Plan amendment that would remove the OS PUD zoning from the 160- acres up in the center of the City and to do a swap with property to the west of the RM zone for the RM property. Motion carried unanimously, / Regular Andover Ci ty Council Meeting Minutes - March 4, 1997 Page 7 ( , j (Declare Biting Dog, Continued) Leo Kimmel. 3146 167th Lane NW - owns this dog and two others. His dog did kill the neighbor's cat. In the 4 1/2 years they have lived in this house, the neighbor's cat has constantly provoked his dogs. The cat runs freely and had no shots. This Rottweiler is eight months old and is a half mix with a lab. It caught the cat because it was constantly antagonizing his dogs. He has letters from other people who have been in contact with his dog, which has an excellent disposition. The dog is extremely intelligent, and he trusts his young daughter with it. The dog has never bothered cats of other people. There are many dogs and cats that run freely through their neighborhood, and no one has a problem with them. It was just this cat that provoked his dogs. The Council explained that because the dog did kill the neighbor's cat, the ordinance requires it be declared a biting dog. That means that if there is a problem with it again in the future, it will have to be removed from the City. Andover also has a leash law, plus dogs should be licensed. Motion carried unanimously. The meeting recessed at 9:25 to hold an HRA meeting; reconvened at 9:51 p.m. ,.- I \ '- REZONING/CHESTERTON COMMONS ' Mr. Carlberg reviewed the request of Ashford Development Corporation to rezone property to be known as Chesterton Commons from R-l, Single Family to R-4, Single Family Urban. It is in the MUSA. The Planning and Zoning Commission recommends denial based on the inconsistency of the request with the Andover Comprehensive Plan. That Plar. proposes the property be zoned for residential multiples of medium density, open space and single family residential housing. Attorney Hawkins has advised that the Metropolitan Council Land Planning Act of 1995 relates to zoning and does require the City to amend its Comprehensive Plan before it can approve any rezoning that is in conflict with that Plan. Mr. Carlberg ~lso rev2ewed the proposed land use in the Comprehensive Plan and the procedure for an amendment to the Comp Plan. The cost for amendments to the Comp Plan in the past has been borne by the developers. The reason an a~endment is not before the Council is the developer did not wish to withdraw his re'~uest for a rezoning and apply for a Comprehensive Plan amendment. Attorney Hawkins suggested that even though the statute does not require dir~ct notification of surrounding pr0perty o~ner3 for amendments on land use to the C0mprehensive Plan, the City may want to add that notification. The Council generally agreed, / Jerry Windschitl, Ashford Development stated they submitt.ed a written objection to the OS designation of this property when the 1991 Comprehensive Plan was being developed. On that 40 acres designated OS, approximately 35 percent was proposed as open spaces; however, the Park CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: May 6. 1997 AGENDA SECTION Non-Discussion Items ORIGINATING DEPARTMENT City Clerk ITEM NO. IJ. Approve Tree Trimmer Licenses The City Council is requested to approve the following tree trimmer licenses: Dehn Tree Company 13860 Xanthum Lane Rogers, MN 55374 Miller Tree & Landscaping 24441 Quinlan Avenue Scandia, MN 55073 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: Mav 6. t 997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Amended Special Use Permit Construction of Gynmasium and Office/Nursery Addition Riverdale Assembly of God Church 3210 Bunker Lake Boulevard NW /5. Request The City Council is asked to review and approve the Amended Special Use Permit requested by / Riverdale Assembly of God Church to construct a 9,716 square foot gynmasium and a 3,042 office/nursery addition on the property located at 3210 Bunker Lake Boulevard NW, The Planning and Zoning Commission met on April 8, 1997 to review the request and recommends approval to the City Council. A site plan along with a resolution is attached for your review and approval. , -' CITY of ANDOVER Regular Planning and Zoning Commission Meeting - April 8, 1997 Minutes The Regular Meeting of the Andover Planning and Zoning Commission was called to order by Chairman Peek at 7:00 pm, Tuesday, April 8, 1997 at the Oak View Middle School, 15400 Hanson Boulevard NW, Andover, MN. Commissioners Present:. Apel, Barry, Leudtke, Squires, Wells, Gamache Commissioners Absent: None Also Present: David Carlberg, Community Development Director Jeff Johnson, Zoning Administrator John Hinzman, City Planner Others Approval of Minutes - March 25. 1997 , / MOTION by Ape!, seconded by Gamache to approve the minutes of March 25, 1997 as written. Motion carried on a 6 yes, I abstain (Wells) vote. Public Hearinll/ Amended Special Use PermitlRiverdale Assembly of God Church Mr, Carlberg reviewed the request of the Riverdale Assembly of God Church to construct a 9,716 square foot gymnasium and a 3,042 square foot office/nursery addition on their property at 3210 Bunker Lake Boulevard NW. Ordinance 8, Section 7.03 allows . churches by Special Use Permit in residential zoned districts. The church was granted a Special Use Permit on January 4, 1977 to construct the church. The applicant will be required to submit a Commercial Site Plan for staff review and specific site issues will be addressed at that time, including the parking. He stated that staff recommends approval with the following conditions: that the Amended Special Use Permit be subject to annual review by staff and that it be subject to a one year sunset clause. Commissioner Leudtke asked if the access will be off of Bunker Lake Boulevard. Jeff Johnson explained that the access is off the frontage road just south of Bunker Lake Boulevard, -' / Regular Planning Commission Meeting April 8, 1997 - Minutes Page 2 Commissioner Wells asked what the purpose of the addition is. Pastor Hale, Riverdale Assembly of God Church, explained that it is for Christian education, offices and a nursery. MOTION by Leudtke, seconded by Leudtke to open the public hearing. Motion carried. Mary Ann Hughes, 13559 Narcissus Street NW stated that her property backs up to the church and she asked how far back the addition will be and if the parking lot will be expanded. Mr. Johnson explained that the proposed addition will line up to the existing parking lot. The parking lot will not be expanded. Pastor Hale noted that this is the first phase of a three phase project. In the last phase they will be joining the gymnasium with the existing building. They don't know how much of the acreage will be used during the entire process. If they don't need the entire parcel, they will possibly let it go for real estate development. l MOTION by Leudtke, seconded by Barry to close the public hearing. Motion carried unanimously. MOTION by Squires, seconded by Wells that the Planning and Zoning Commission recommend to the City Council approval of the Amended Special Use Permit requested by the Riverdale Assembly of God Church as presented. Motion carried unanimously. This will go to the City Council on May 6,1997, Public Hearin~/PreliminaQl PlatlEcho Hills Second Addition , J Mr. Carlberg noted that this is a public hearing for the preliminary plat known as Echo Hills Second Addition as being developed by Robert Heliker and Vivian Meyer. The property is 24 acres in size with 7 residential lots. It is currently zoned R-l. single family rural. The plat is outside of the Metropolitan Urban Service Area and will be developed with individual wells and septic systems, The developer is responsible to obtain all necessary permits such as those required by the DNR, Army Corps of Engineers, Lower Rum River Watershed Management Organization or any other agency which may be interested in the site, A 60 foot variance is being requested for Lot I, Block 1 as the / / J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, A RESOLUTION APPROVING THE AMENDED SPECIAL USE PERMIT REQUEST OF RlVERDALE ASSEMBLY OF GOD CHURCH FOR THE CONSTRUCTION OF A 9,716 SQUARE FOOT GYMNASIUM AND A 3,042 SQUARE FOOT OFFICEINURSERY ADDITION LOCATED AT 3210 BUNKER LAKE BOULEVARD NW, WHEREAS, Riverdale Assembly of God Church has requested an Amended Special Use Permit to allow for the construction of a 9,716 square foot gymnasium and a 3,042 square foot office/nursery addition located at 3210 Bunker Lake Boulevard NW, legally described as follows: The East 495 feet as measured along the North and South lines of the Northeast Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Planning and Zoning Commission has review the request and has determined that said request meets the criteria of Ordinance No.8, Sections 5.03 and 7,03; and WHEREAS, the Planning and Zoning Commission fmds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit requested, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Riverdale Assembly of God Church to construct a gymnasium and an office/nursery addition on said property with the following conditions: I. The Amended Special Use Permit will be subject to annual review and site inspection by City staff, 2. The Special Use Permit will be subject to a one (I) year sunset clause as defmed in Ordinance No, 8, Section 5,03(D), Adopted by the City Council of the City of Andover on this _ day of 1997, A TrEST: CITY OF ANDOVER Victoria Volk, City Clerk J, E. McKelvey, Mayor CITY OF ANDOVER REQUEST F.OR PLANNING COM~~~~~7AcnON . DATE ORIGINATING DEPARTMENT AGENIJAAbT~d Special Use Permit Riverdale Assembly of God Church Construct Gymnasium and Office /Nursery Addition 3210 Bunker Lake Boulevard NW APPROVED FOR AGENDA Jeff Johnson Zoning Administrator BY: BY: Request The Planning and Zoning Commission is asked to review the Amended Special Use Permit requested by RiverdaIe Assembly of God Church to construct a 9,716 square foot gymnasium and a 3,042 office/nursery addition on the property located at 3210 Bunker Lake Boulevard NW. The property is zoned R-4, Single Family Urban. Applicable Ordinances Ordinance No.8. Section 7 03 - Uses Allowed (Special Use Permit) / Ordinance No.8, Section 7.03, lists uses permitted allowed by Special Use Permit. In residential zoned districts, churches are allowed by Special Use Permit. RiverdaIe Assembly of God Church was granted a Special Use Permit (January 4, 1977) to construct a church. ' Ordinance No, 8. Section 5.03 - Special Uses Ordinance No, 8, Section 5.03 regulates the Special Use and Amended Special Use Permit process. In granting an Amended Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3. The effect of property values and scenic views in the surrounding area, / Page Two / ASUP - Riverdale Assembly of God Church April 8, 1997 4. The effect of the proposed use on the Comprehensive Plan. General Review The applicant will be required to submit a Commercial Site Plan for staff review. Site specific issues will be addressed in this review process. Commission Options 1. The Planning and Zoning Commission may approve the Amended Special Use Permit requested by Riverdale Assembly of God Church to construct a gymnasium and an office/nursery addition located at 3210 Bunker Lake Boulevard NW. The Commission finds the request meets the criteria state in the ordinances. / 2. The Planning and Zoning Commission may deny the Amended Special Use Permit requested by Riverdale Assembly of God Church to construct a gymnasium and an office/nursery addition located at 3210 Bunker Lake Boulevard NW. The Commission fmds the request does not meet the criteria established in the ordinances. In denying said request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item. Staff Recommendation Staff recommends approval of the Amended Special Use Permit with the following conditions: 1. The Amended Special Use Permit be subject to annual review by staff. 2. The Amended Special Use Permit shall be subject to a one (I) year sunset clause as specified in Ordinance No.8, Section 5.03(D). . / fjJ~ '"" ;1. I .ptL ..1 \ I'~ \ Vr~I' ;;;! ~ ~]<-"'I 'T "C~ -'-' ROUND i'~ I.."j"- i ': ~ ~ i~>oc. ~J" 1 . I;'i[",g,l \ LAKE / IJJ 1 j =' '~":'.?'f ;'K~ ~~~;f~'j'): /lij'" _ -' L,~!'!(. 'TCI" '--'1' (' ~ ~ I /;F1 ,I. I. I . '~I""; ///./~"'''~'-I ii::.' '1/;'11' I .. ~... ..~"'~ . .' . .' tJ1II, . '.", ... "" 'DS , -E-I~, ~~~,~. '. \ ~~~~'l1.'"", , __I.~'!" ! . ''', ~ :!01".,... , ,/ , ,,~ ~ . ______. \ '; : ~~, ,:];,~ ',~~. . ,: ~ ';"~. ~;';";j;I;f~I,(.~_ i ,r- q \: . ~ W,] ~ . -~. ,'t4?I" j '1",,,,,,,,,." ,,",^~ . ". .f __./ . ;; '"ii:~l~~~"""J1L:~".::~~', '\~. ,I' 'e.e L..! ~ " , ,. ""''''''''L. 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[, ,QI'"L .I , " x,) .x x,) '^ - ^ IV ts 1>'^'V;x, Y '. ,- UOllIPPli' pe9odo.td < ~ Y v '^ v:.< '^'V IV >v .x >v .x , .I '-, , ,(2 ",ZL , , '- ~cl eu.\tl~ _____ ? ') ( ') ) ") -- -- -- -- -- -- -- -- -- -- -- -- -- -, - D'~' - -, - -, -,ITi'Ei-g' - -, - -' - -, - -, -0-' --. &lUll fhJ cloJ....l CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA --..., , / NO. R9-7 A RESOLUTION APPROVING THE SPECIAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH IN THE EAST 1/2 of the NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF Sn,R24, T32'.~ WHEREAS, the Planning and Zoning Commission has conducted a public hearing on the Special Use Permit request, and WHEREAS, after such public hearing, the Planning and Zoning Commission recommended approval of the request, and WHEREAS, the City Council has determined that this project should have no adverse affect on the surrounding property or scenic value and is in harmony with the general purpose and intent of City of Andover Ordinances, and WHEREAS, a service road along Bunker Lake Boulevard would alleviate any traffic problems. J NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, that the Special Use Permit for Assemblies of God Church is hereby approved subject to the construction of a service road with costs for said construction to be borne by the applicant. Adopted by the City Council of the City of Andover, this '("t.. day of January , 1977. CITY OF ANDOVER ATTEST: ~ w-L/~~ J rry, indschitl - Mayor / \ - ~ / ;. \ J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. · ANDOVER. MINNESOTA 55304 . (612) 755-5100 AM eND ~ D SPEC:IAL USE PERPlIT property Address 3210 Bunker lake Blvd. Legal Description of Property: (Fill in whichever is appropriate): Lot Block SEE ATrACHED Addition (If metes and bounds, attach the complete legal description. ) Is the proper~y: Abstract X or Torrens ? (This information must be provided and can be obtained from the County. ) ----------------------------------------------------------------- PIN Reason for Request The church would like to build a gyrmasium and office/ nursery addition to better service the conqreqation of Riverdale. The reason for request is because the city of Andover requires we go through this process / in order to add on to Ollr existinq facility. Section of Ordinance 5.03 Current Zoning R-4 ----------------------------------------------------------------- Name of Applicant Riverdale Assemblv of God Address 3210 Bunker Lake Blvd. Home Phone Business Phone (612) 421-8080 ~~~::~:::~-~~~~~----------~:~:-:--~~"~:"~~9:----" Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone , / Signature Date ----------------------------------------------------------------- O~/21/97 11:49 FAX 1 612 421 1652 " PRO PER T Y LEGAL: / , / RIVERDALE A/G 1aI02 I DES C RIP T ION The East A9S feet as measured along the North and South lines of the Northeast Quarter of the Southeast quarter of Section 32, Township 32. Range 24. Anoka County, Minnesota. , MAR""10 97 09: 27 FROM: 755-8923 TO: 6122353137 PRGE:03 SPECIAL USE PERMIT / PAGE 2 The following infonnation shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and str1Jctures affected showing: scale and North arrow; dimension of the propertY and structureS; front, side and rear yard building setbacks; adjacent streets; end location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial $200.00 Residential SI SO.OO AmcndcdSUP c~ Recording Fee Abstract property . TomllS poopat)' $40.00 \J ~ /z-SC7 Date Paid 9h~ /a1 , I Receipt # oN]{, / ,(&M/Pt M' 6jq]itl A5VP Rev. S-06-93:d'A I S.()4.94:bh 2-Q1-9S:bb 3-22-9S:bb 9-3G-96:bh 1-01-97:bb 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 P1anoing and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occ:upants of sunounding lands, 2. Existing and tmticipatcd traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the sUlTounding 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 Plarming and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, April 8, 1997 at the Oak View Middle School, 15400 Hanson Boulevard NW, Andover, " Minnesota to review the Amended Special Use Permit requested by Riverdale' Assembly of God to construct a gymnasium and office/nursery addition at 3210 Bunker Lake Boulevard NW. The property is legally described as follows: . .,:" ~ . . The East 496 feet as measured along the North and South lines of the Northe~t" Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka' County, Minnesota. / All written and verbal comments will be received at that time and location.~;: , A copy of the application and location will be available' at the Andover'qty Hall and the Oak View Middle School for review prior to said meeting. " ' ~ta:,' ,,'.....: Victoria Volk,City Clerk Publication dates: March 28, 1997 April 4, 1997 \ , / , , / Parcel Search / . \ , / N W*E s ANOKA COUNTY GJ.S. 3/21/97 2100 3RD AVENUE ANOKA, MN 55303 OFFICE: 612/422-7508 FAX: 612/422-7507 / PIN: 323224140002 ADOLFSON JAMES F & BONNIE J 3331 BUNKER LAKE BLVD NW ANDOVER MN 55303 PIN: 323224140006 PARSINEN J & ADOLFSON M 3331 BUNKER LAKE BLVD NW ANDOVER MN 55304 PIN: 323224140045 WOODLAND DEVELOPMENT CORP 830 W MAIN ST ANOKA MN 55303 PIN: 323224140046 WOODLAND DEVELOPMENT CORP 830 W MAIN ST ANOKA MN 55303 PIN: 323224410002 ASSEMBLIES OF GOD CHURCH 3210 NW BUNKER LAKE BLVD ANOKA MN 55304 PIN: 323224410015 KRASEAN GEORGE D & GAIL M 13626 NARCISSUS ST NW ANDOVER MN 55304 PIN: 323224410016 BATTEY R D & BATTEY CD 13610 NARCISSUS ST NW ANDOVER MN 55304 ,IN: 323224410017 LUND RONALD A & KATHLEEN A 13594 NARCISSUS ST NW ANDOVER MN 55304 PIN: 323224410018 FORSYTH ROSS & GUADALUPE 13578 NARCISSUS ST NW ANDOVER MN 55304 PIN: 323224410019 MN STATE OF IN TRUST 8601 GREAT PLAINS BLVD CHANHASSEN MN 55317 PIN: 323224410020 DEMARS DENISE R 13552 NARCISSUS ST NW ANDOVER MN 55304 PIN: 323224410021 KRAGNESS RICHARD A S & T A S 13538 NARCISSUS ST NW ANDOVER MN 55304 PIN: 323224410022 SHERMER HOMES INC 126501321/2 AVE N DAYTON MN 55327 PIN: 323224410023 ESTEPP JOSEPH 0 13529 ORCHID ST NW ANDOVER MN 55304 "IN: 323224410024 KREJCA JOANN E ) 13541 ORCHID ST NW ANDOVER MN 55304 ANOKA COUNTY G.I.S. 3/21/97 '\ 2100 3RD AVENUE ANOKA, MN 55303 OFFICE: 612/422-7508 FAX: 612/422-7507 / PIN: 323224410025 PIN: 323224410026 REDMANN ROSS A & CYNTHIA M 13553 ORCHID ST NW ANDOVER MN DUREN MARK P & DEBRA A 13567 ORCHID ST NW ANDOVER MN QUIRAM DONALD R & MARY C 13579 ORCHID ST NW ANDOVER MN BRAZIL KEVIN J & TAMARAJ 13589 ORCHID ST NW ANDOVER MN TAWFEEK NASHAT A & KARl S 13502 NARCISSUS ST NW ANDOVER MN PAWELK BARTLETT C A ETAL * 13607 NARCISSUS ST NW ANDOVER MN SWENGSTON D M & SOUTHARD E M 13597 NARCISSUS ST NW ANDOVER MN SCHOMMER THOMAS A & LAURA L 13583 NARCISSUS ST NW ANDOVER MN HEEN JOANN R 13571 NARCISSUS ST NW ANDOVER MN HUGHES MICHAEL A & MARIANNE 13559 NARCISSUS ST NW ANDOVER MN ENGBLOOM JAMES A & PAMELA M 13545 NARCISSUS ST NW ANDOVER MN FLEM TODD A & RUTH 0 13533 NARCISSUS ST NW ANDOVER MN KLOIBER KEVIN E 13519 NARCISSUS ST NW ANDOVER MN KANTOR RICHARD W & JODY K 13507 NARCISSUS ST NW ANDOVER MN DRAKE CONST INC 18130 TERRITORIAL RD MAPLE GROVE MN PIN: 323224410027 PIN: 323224410028 PIN: 323224410031 PIN: 323224410032 PIN: 323224410033 .N: 323224410034 PIN: 323224410035 PIN: 323224410036 PIN: 323224410037 PIN: 323224410038 PIN: 323224410039 PIN: 323224410040 ~IN: 323224410043 J 55304 55304 55304 55303 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55369 2 ANOKA COUNTY GJ.S. 3/21/97 \ 2100 3RD AVENUE ANOKA, MN 55303 OFFICE: 612/422-7508 FAX: 612/422-7507 / PIN: 323224440014 PIN: 323224440015 KROSKA MICHAEL A & DEBRA K 13481 MARIGOLD ST NW ANDOVER MN CREA MICHAEL J & DONNA J 13475 MARIGOLD ST NW ANDOVER MN RICHARDSON JOHN C & J A 13471 MARIGOLD CIR NW ANDOVER MN SMITH ROBIN T & LAURI L 13465 MARIGOLD CIR NW ANDOVER MN MINOR HEIDI M & PATRICK J 13459 MARIGOLD CIR NW ANDOVER MN TRUNNELL WILLARD & DIANNE 13455 MARIGOLD CIR NW ANDOVER MN DALlEN LARRY W & L1NNAE D 13443 MARIGOLD ST NW ANDOVER MN MOLLENHAUER WILLIAM P & MYRA F 13441 NARCISSUS CT NW ANDOVER MN WOLAK ROBERT J & LINDA K 13443 NARCISSUS CT NW ANDOVER MN ODELLA TROY & ODELLA BEVERLY 13459 NARCISSUS ST NW ANDOVER MN BURGER JAMES W & JUDITH K 13471 NARCISSUS ST NW ANDOVER MN HUSFELDT DEAN S & KAREN R 13488 MARIGOLD ST NW ANDOVER MN GODEEN RONALD E & KAREN 13474 MARIGOLD ST NW ANDOVER MN MCNEFF MICHAEL J 13460 MARIGOLD ST NW ANDOVER MN STEFFENS JAMES P & SHIRLEY 13446 MARIGOLD ST NW ANDOVER MN PIN: 323224440016 PIN: 323224440017 PIN: 323224440018 PIN: 323224440019 PIN: 323224440020 ,jN: 323224440030 PIN: 323224440031 PIN: 323224440033 PIN: 323224440034 PIN: 323224440035 PIN: 323224440036 PIN: 323224440037 "IN: 323224440038 , / 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 4 ANOKA COUNTY GJ.S. , 2100 3RD AVENUE ANOKA, MN 55303 3/21/97 OFFICE: 612/422-7508 FAX: 612/422-7507 / PIN: 323224440044 ANDOVER CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN: 333224230003 DYNES BRUCE L & DIANNE M 3155 BUNKER LAKE BLVD NW ANDOVER MN MEADOW CREEK CHURCH 3037 BUNKER LAKE BLVD NW ANDOVER MN JETT JESSE J & SANDRA K 13545 JONQUIL ST NW ANDOVER MN KEIM JOSEPH F 3124 135TH AVE NW ANDOVER MN APPLEBY CLYDE L & BONNIE 13510 JONQUIL ST NW ANDOVER MN FRANZEN DONALD J & COLLEEN M 3136 135TH AVE NW ANDOVER MN KALLEVIG ELAINE J 3125 135TH LN NW ANDOVER MN MC BRIDE GARY L & SUSAN L 3135 136TH AVE NW ANDOVER MN KING KEITH A & SANDRA J 3143 136TH AVE NW ANDOVER MN YOUNG WILLIAM C & LINDA G 3149 136TH AVE NW ANDOVER MN PHILLIPPI MICHAEL L & K L 3162 136TH AVE NW ANDOVER MN BLANCHARD WILLIAM W & KRISTINA 3154 136TH AVE NW ANDOVER MN KNUTSON CARL J & JANET M 3146136TH AVE NW ANDOVER MN CLARK HAROLD W & LINDA L 3138 136TH AVE NW ANDOVER MN PIN: 333224230006 PIN: 333224320003 PIN: 333224320009 PIN: 333224320017 PIN: 333224320021 ,IN: 333224320026 PIN: 333224320028 PIN: 333224320029 PIN: 333224320030 PIN: 333224320031 PIN: 333224320032 PIN: 333224320033 "IN: 333224320034 / 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 5 ANOKA COUNTY G.I.S. 3/21/97 2100 3RD AVENUE ANOKA, MN 55303 OFFICE: 612/422-7508 FAX: 612/422-7507 / PIN: 333224320035 PIN: 333224320036 WILLIAMS GRANT M & PATTI K 3160 BUNKER LAKE BLVD NW ANDOVER MN LAWSON DAMON K & KATHERINE 3148 BUNKER LAKE BLVD NW ANDOVER MN ROONEY DOUGLAS L & NANCY J 3163 BUNKER LAKE BLVD NW ANDOVER MN ALBEE WENDY A & DONALD R 3124 BUNKER LAKE BLVD NW ANDOVER MN WINTER JOHN W & JANICE A 13558 JONQUIL ST NW ANDOVER MN ADAMS DAVID J & PAMELA J 13548 JONQUIL ST NW ANDOVER MN DELICH JOHN T & TRUDY R 13538 JONQUIL ST NW ANDOVER MN WRIGHT DOYLE B & KAREN M 13528 JONQUIL ST NW ANDOVER MN ELLIS CHRISTOPHER T & TERI 3137 135TH AVE NW ANDOVER MN EMERSON JEFFREY T & NANCY M 13557 JONQUIL ST NW ANDOVER MN REDHEAD PAUL R & GWEN M 13565 JONQUIL ST NW ANDOVER MN WALBY THOMAS J & TRUDY M 13434 JONQUIL ST NW ANDOVER MN OLSON DONALD F & CONNIE M 13444 JONQUIL ST NW ANDOVER MN MCDUNN MICHAEL J & RENEE E 13454 JONQUIL ST NW ANDOVER MN GEIST GELENN D & CARA E 13464 JONQUIL ST NW ANDOVER MN PIN: 333224320037 PIN: 333224320038 PIN: 333224320040 PIN: 333224320041 PIN: 333224320042 , .IN: 333224320043 PIN: 333224320048 PIN: 333224320050 PIN: 333224320051 PIN: 333224330010 PIN: 333224330026 PIN: 333224330027 "IN: 333224330028 / 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 55304 6 ANOKA COUNTY GJ.S. 3/21/97 , 2100 3RD AVENUE ANOKA, MN 55303 OFFICE: 612/422-7508 FAX: 612/422-7507 / PIN: 333224330031 PIN: 333224330032 BOETTCHER ROGER A & BARREE 13439 JONQUIL ST NW ANDOVER MN HARTMAN JOHN R & JACQUELYN M 13449 JONQUIL ST NW ANDOVER MN PODANY LAWRENCE W & MYRNA D 13459 JONQUIL ST NW ANDOVER MN 55304 55304 PIN: 333224330033 55304 . . 7 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " ) DATE: May 6. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. Approve Supplier/Playground Equipment /4 The City Council is requested to approve the supplier for the playground equipment for the 3 parks located in the City of Andover. The parks that will receive playground equipment are as follows: Oak Bluff, Pleasant Oaks and Langseth's Park. The playground suppliers that are providing proposals to the City is as follows: . Earl F. Anderson . Miracle Rec. of MN . MN-WS Playground . Flanagan Sales, Inc. ) City staff will be providing a recommendation for a supplier for the playground which is designed for ages 2-5 year olds. This information will be presented to the City Council at the meeting. Each park was budgeted $7,500.00 from the 1997 Park Capital Improvement Budget. The playground suppliers were requested to include equipment, tax, freight and installation, but not exceed $7,500.00. ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: May 6 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~ ITEM NO. Engineering ,',., Approve Plans & Specs/95-24/Coon Creek Bikeway/ Walkway Trail /5. The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for Project 95-24, for the Coon Creek BikewaylWalkway Trail. Specifications are available in the Engineering Department for review. Note: City staff met recently with Greg Larson, a property owner in Creek View Crossing development, to discuss the possibility of planting trees and the types. Mark Rehder, Forestry Intern, is working on a landscape plan and will be meeting with Mr. Larson and interested effected property owners prior to the City Council meeting to finalize the , J landscape plan. ) '. ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 95-24 ,IN THE AREA OF COON CREEK FOR BIKEWAYIWALKWAY TRAIL IMPROVEMENTS. WHEREAS, adopted by the City Council on the 8th day of April ,19 97 ,the City Engineer has prepared final plans and specifications for Project 95- 24 for bikeway/walkway trail. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of May , 19---9L. 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, May 29 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6th day of May , 19 97 . with voting in voting against, whereupon Councilmembers favor of the resolution, and Councilmembers said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor / Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: May 6. 1997 AGENDA SECTION Non-Discussion/Consent Item ITEM NO. I' . Accept Petition/97 -22/1736 Andover Boulevard NW ORIGINATING DEPARTMENT Todd Haas, ~ Engineering d4... The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer and watermain for Project 97-22, in the area of 1736 Andover Boulevard NW. Watermain and sanitary sewer were assessed as deferred assessments under Project 92-24. Also, the assessment will need to be indexed according to the Engineering News Record (ENR) which was approved by the City Council as part of the deferred assessment. The proposed assessment will be presented to the City Council at the next meeting. J ) / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO. 97-22, IN THE 1736 ANDOVER BOULEVARD NW AREA. WHEREAS, the City Council has received a petition, dated April 8. 1997 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: J 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is -0- 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6th day of~, 1997, with Council members favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor / Victoria Volk - City Clerk , j . ) " '. \ / INDIVIDUAL EXAMPLE PETITION q'}.~~ " Date If - g--1 7 Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: W: ~o hereby petition for improvements of watermain, sanitar --s:; H i') storm sewer and streets (circle one or more WJ. e costs of the improvement to be assessed against my benefitting property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 5 year period. Sincerely, ~O}~ Property Owner Address City, State, Zip phone (Home) (Work) c::-~ 0 t-. :2-#H "- 17:J~ ~()4IV~ fJL....v. &.1J, /-t,v 0 tI1 r/L?fl- J ..-vI "'" :, -::. -"Ie> '7 7 ~-.s--7t- <(3 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: May 6. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Resolution/Spending MSA Funds Off System/97-14/Prairie Road & Bunker Lake Boulevard NW. /'1. Todd Haas, #: Engineering ~l The City Council is requested to approve the resolution approving the expenditures off the municipal state aid street system and onto the county state aid and highway system within the City of Andover. / \ I , ' , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE EXPENDITURES OFF THE MUNICIPAL STATE AID STREET SYSTEM AND ONTO THE COUNTY STATE AID AND HIGHWAY SYSTEM WITHIN THE CITY OF ANDOVER. WHEREAS, it has been deemed advisable and necessary for the City of Andover to participate in the cost of a construction project located on (C.SAH.) No. 116 within the limits of said municipality; and WHEREAS. said construction project has been approved by the Commissioner of Transportation and identified in his records as (S.P.) (SAP.) No. _ 198-020-12 . NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $126.400.00 dollars to apply toward the construction of said property and request the Commissioner of Transportation to approve this authorization. Adopted by the City of Andover this -6llL day of May , 1997. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk '. " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION .I DATE: May 6. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Allocate Future MSA Funds/97-14/ Prairie Rd. & Bunker lake Blvd. Vl? Todd Haas, ~ Engineering The City Council is requested to approve the resolution to allow the City of Andover to spend funding in excess of those available in its State Aid Construction Account. Basically, City staff is recommending the future allocated state aid funds (which is allowed up to the next 3 years) be spent on Project 97-14, Prairie Road/Bunker lake Boulevard which is allowed by State Aid. Currently with the 1997 state aid funds that will be spent on Crooked lake Boulevard, the construction account is basically zero. , , / \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. WHEREAS. the City of Andover is planning on implementing Municipal State Aid Street Project(s) in 1997 which will require State Aid funds in excess of those available in its State Aid Construction Account; and WHEREAS, said City is prepared to proceed with the construction of said project(s) through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Construction Account; and WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and Minnesota Rules. Chapter 8820. J NOW, THEREFORE, BE IT RESOLVED that the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Projects of the City of Andover in an amount up to $229,400.00 in accordance with Minnesota Rules 8820.1500, Subparagraph 9, and to authorize repayments from the following year's accruals to the Construction Account of the Municipal State Aid Street fund for said City. I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Andover, County of Anoka. State of Minnesota, at a duly authorized meeting thereof held in the City of Andover, Minnesota on the 6th day of May ,19 97 , as disclosed by the records of said City on file and of record in the office. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk (Seal) \ j Mn/DOT State Aid Div. TEL:612-282-2727 May 02'97 11:19 No.003 P.02 , " I ) GU:rpELINES FOR ADVANCEMENT OF MmITCIPAL STATE Alb CONSTRUCTION FROM THE GtmERAL M:SAS ~NSTRUcTION ACCOUN'l' The following guidelines which have bean rec:ommenc!ed bY' the Municipal screening Board will be used when cities re~elSt an lldvClnce of funds fr01* 'the Ceneral HSAS Conatruction Account. Such advaneec shall be repaid from the following year's construction apportionment.. (1) (2) '1 (3) J / The max1mum Municipal state Aid const2:'UCltion dollarc whioh oan P$ advanoed in anyone year shall be the differ$nca betw..n the Munioipal State Ai~ construction tund balance at the end of the preceding calendar year and $50 milli.on. Advanced fundinq will be granted on a rir5t c~.-firBt served basis. Municipalities with a total annual HSAS allotment of $500,000 or more can advance. up to the previous year's MSAS allotment. Municipalities wit.h a t.ot.al annual MSAS alloblent or less than $500,000 can advance up to three times the previous years KSAS allotment or $500.000 Which ever is 1.... :In either case, the . maximum advance must be reduced by any .c:hec1ule bond principal. '~+i: obli911t1ons and advance encumbrance repaYJllents. Any advances made must be repaid by ~eductionB made froa ~he next available alloca'l:.ion.. Advance~ state Aid func1inq must be requested. by City Council Resolution. This resolut.ion need not be project .pecifio, but describes the maxb:I1,U11 amount of adva.ne.c 'the City Council authorizes tor finllncinq of approved Municipal state Aid st.reet projects in that year. Thi. resolution must be submitted wit.n, or' prior t:o, the tlrst projtilct lip.cHlc request. Onoe the resolution is received by SALT Division, payments will be made to the City for approved Municipal State Aid Street projects up to the amount requested on the resolution, after that City's construction account balance reaches ~ero, and subject to the other provisions of these g'Uidelines. The ~I!!lolution does not reserve funds nor establish the "first come-first served" basis. First come- first served is est.ablished by payment requests and/or by the pro.eess described in (4). (4 ) Prior to enterinq into a contract where advanced fundinq will be required, the C:ity Engineer l\Ius'l:. submit a RequellOt: to Reserve Advanced Func1inq form. SALT will reserve t.he funds and return the ~pproved form to tne city Engineer providD~ that: a) the amount requestea is within the by the City Council Resolution, b) the amount request:ed is consistent proviaionc o~ ~hi5 guideline, and amount authorized with the other Mn/DOT State Rid Div. TEL:612-282-2727 May 02'97 11:20 No,003 P.03 '. \ ) C) the C~ty inten~8 to approve the Qontract within the n.n ..veral ve'-':s:, or in 'the ea.. a1! a eon&truc-eian praject, a completed plan has been Bubaitted tor state-Aid approval. Upon race!vin9 the approved Request to Reaerve Advanced Punc!inq, the city En9:1neer knows 'that tuna. have !:leen r..ervoa for the project. NOTE: Under Q~t Statute, Cities ot the F~~t Cia.. are not aut:hori2ed to advance 1!und.8. A bill ~o re1nOVe ~at restric~ion has b..n introduced and is expected to be enacted by the 1996 LeC]islature. Until that happens, Hinneapolia, St. Paul and Duluth will not be e11q1b18 tor this program. \, / ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ ) DATE: May 6.1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson~t Engineering ITEM NO. Approve Plans & Specs/97 -5lWoodland Estates 1'1. The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for Project 97-5, Woodland Estates for sanitary sewer, watermain, street and storm sewer construction. 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. 97-5 ,IN THE AREA OF WOODLAND ESTATES FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 056-97 ,adopted by the City Council on the 18th day of March ,19---9L, TKDA has prepared final plans and specifications for Project 97-5 for sanitary sewer watermain street and storm sewer. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of May , 19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. , , BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM . Thursday. May 29 ,19 97 at the Andover City Hall. J MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this -2t!L day of May, 19 97 , with Council members the resolution, and Councilmembers resolution was declared passed. voting in favor of voting against, whereupon said CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor \ ) Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: May 6. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Plans & Specs/97-7/Crown Pointe East 2nd Addition ';/0- Scott Erickson~t Engineering The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for Project 97-7, Crown Pointe East 2nd Addition for sanitary sewer, watermain, street and storm sewer construction. Specifications are available in the Engineering Department for review. ) / 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. 97-7 , IN THE AREA OF CROWN POINTE EAST 2ND ADDITION FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 059-97 ,adopted by the City Council on the 18th day of March ,19~, McCombs Frank Roos Associates. Inc. has prepared final plans and specifications for Project 97-7 for sanitary sewer. watermain street and storm sewer. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of May , 19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. / BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, Tuesday. June 10 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this ~ day of May , 19 97 , with Councilmembers the resolution, and Councilmembers resolution was declared passed. voting in favor of voting against, whereupon said CITY OF ANDOVER ArrEST: J.E. McKelvey - Mayor . , Victoria Volk - City Clerk / I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: May 6. t 997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott E~icks~n,..\L Englneenng'J ITEM NO. Declare CosUOrder Hearing/93-17/Crown Pointe ~/. , Mr. Windschitl has requested that this item be tabled to the next regularly scheduled City Council meeting. / / , j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: May 6. t 997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPfRTMENT Scott Erickson, d l- Engineering ITEM NO. Declare CosUOrder Hearing/93-17/Crown Pointe The City Council is requested to adopt the resolution declaring cost and ordering preparation of assessment roll and the resolution ordering the hearing for Project 97-13, for the improvement of sanitary sewer, watermain, streets and storm sewer for Crown Pointe. The developer, Ashford Development Corp., has indicated that they do not agree with some of the lateral sewer and water costs associated with the project. The discussion of these costs will be made during the public hearing for this project. / '\ / j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREETS AND STORM SEWER, PROJECT 97-13. CROWN POINTE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvements is $395 849.68, and the expenses incurred or to be incurred in the making of such improvement amount to $109473,62 and $11.450,00 and work previously done amount to $81.276.97 so that the total cost of the improvement will be $598.050.27 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 17.073.60 the amount to be assessed against benefited property owners is declared to be $ 580.976,67. 1. Such assessment will be payable in semi-annual installments extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April 1998 and shall bear interest at a rate of--6. percent per annum from the date of the adoption of this assessment resolution. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6th day of May , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. \ / CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Vir.tnri~ Vnlk - r.itv r.lp.rk j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 93-17 . WHEREAS, by a resolution passed by the City Council on May 6. 1997 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. b 93-17 . WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, MN: 1. A hearing shall be held the 3rd day of June 1997 . in the City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time ad place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. / 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published once in the official newspaper at lest two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6th day of May, 19----9L, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. / CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Vir.tnri::l Vnlk - r.itv r.lp.rk l(3-1-/ , l\sl1fnru mrurlnpmrtti Q1:nrpnratinu1 lJUt. J 3640 - 152nd Lane N.W. . Andover, MN 55304 . 612-427-9217 " May 2 I 1997 RECEIVED May~~ and c~ty Council city of Andover 1535 Crosstown Blvc ~w rindl)V~.?rl 1'1:~ 3:.31)4 ~JAY 2 1997 CITY Ur t'll-JuuVER Dear ~2YO~ and Cocn::il~e~bers, .Z\shford De'?elopr:lent ':'").:'l)01~ati,)n. ..LilC. l:"eo(.F~ests th.3.t the Ci.ty '2)11!1c:..l Ag~l1da item for 5ec<La!..~il1g C(:'.:.::~~. 93-17/Cl~cNn ::::ointe be ~abl~d until 70ur n~x: City COtlIlCil meeti~g. l'lie received the pt1rposl~d fi~1al C":C~3":8 .~t .:tppro;~j_ma.t:?=-i~ 11 :~.ivj. Friday, May 2, 1997. T~e proposed cos~s appear ~o contain r:l1anges vit-? \-.lill obj 2Ct tc: h,-,t";f?Ver t/12 qill not hav,~ an oppor-:ll:ii ty t-8 .3.na2.y.sis tl1e items and ;r~p,5_1~'~ ,~ reE-;prJllS? -::...J t:2{= l)rep,~r.:::-~;. ::h3.ng!?S by Tttes~ay, ~~y 0: 1997. Sil1c'~rely I N W~?/ Jer~y Windschitl; President Asl1fc~d Development Corporatioll: rIle. ~~ MAY-02-1997 15:31 612 292 0083 P.02/06 ANDOVER SPECIAL ASSESSMENTS PROJECT NO.: PROJECT NAME Crown Pointe 93.17 Amount $ 428.370.00 .. FEASIBILITY STUDY: Date 5-7-96 "' Amount $ CONTRACT A W ARJ): Date 7-16-96 420.621.25 $ 395.849.68 FINAL CONTRACT COST $71,577.31 $1,395,65 $517.13 $11,875.49 $3.958.50 $1.979.25 $250.00 5313.92 $3,699.73 $5,708.77 $13.50 $8,184.31 Engineerinll: Aerial Mapping (I % of street) Drainage Plan (0.03% of street/storm) Administration (3%) Assessing (I %) Invoice Bonding (0.5%) Legal & Easement Advertising City Costs Testing: Braun Intenec Serco Labs Construction Interest (6.0%) TOTAL EXPENSES (% Of Final Contract Cost = Zl.6554%) $ $ 109.473.62 + TOTALCONOEMNATIONCO~ NlA + TOTAL PROJECT COST s 505,323.30 = Trunk Source and Sloralle: Watennain: Connection Charge '"Area Charge Laten" Chaxgc Connection Charge ** Area Charge Lateral Charge Area Charge $60,025.00 $13,243.60 $0.00 $14.210.00 ($6,201.63) $0.00 $0.00 ( 49 Units ( 11.72 Acres <---LF ( 49 Units ( (6.69) Acres L-LF L-Acres @$1,225.00] @ $1,130.00 1 /iiI $ ) @ $ 290.00) @$ 927.001 @$ ) @$ ) Sanitary Sewer: Storm Sewer: TOTAL TRUNK SOURCB AND STORAGE +$ 81.276.91 -$ 17.073-60 +$ II 450 00 $ 75.653.37 S 580976,67 Sanitary Sewer $13,374.76 x 1.276554 Selll Collling 11,450 SY ,,$I.00/SY City Share: Subtotal TOTAL TO BE ASSESSED Current Al:sessmen t PeT Lot: $580.976.67 = $ll,856.67/Lot 49 Lots Feasibility Report $13.946.45/Lot · 10.2l! AC previously iIlISe:lsed under Project 92-2 **28.69 AC previouslyas:sessed under Project 92-2. The actual assessable area above the 100 year elevation for Project 93-17 is 22.0 AC. Projcc193-17 shall be credited by 6.69 AC (22.0 AC - 28.69 AC) at the 1993 Sanitary Sewer Area rate of $927 per Acre. . \ / 1067(; MAY-02-1997 15:32 Construction Interest '. CrQWIl Pointe City Project 93-17 City of Andover, Minnesota Commission No. 10676 I 612 292 0083 P.03/06 Assessment Hearing Dale - January 21, 1997 $168,676.30 It "12 x 0.06 $110,416.60 x 4112 x 0.06 $ 91,000.56 It 3.3/12 X 0.06 $25,756.11 X 2/12 x 0.06 Totl11 , $4,216.91 $2,208.33 $1,046.51 $257.56 $8,184.31 2 10676 MAY-02-1997 15:32 612 292 0083 P.04/06 Assessment RoD Calculations Crown Pointe City Project 93-17 Andover, Minnesota Commission No. 10676 \ J Lateral Benel1t 1. Sanitary Sewer Final Construction COllt Expenses (27.6554%) Less City Share ($13,374.76 x 1.276554) $124,645.61 $34,471.24 - $17.073.60 $142,043.25 $142043.25 49 Lots == $2,89&.84 A. City Share - IS" Sanitary Sewer 18" PVC in lieu of 8" PVC Sanitary Sewer 372 LFx ($3150- $18.50) $4,836.00 B. City Share - Service; Road Common Exea"ation - 485 CV @ $1.701CY Class 5 Gravel. 429.8 TN @ $7.75fTN BilUmlnous Wear Course - 78,86 'IN @ $3U)OfTN 4" Bituminous Curb 610.0 LF @ lil.65/LF $824.50 3,330.9.5 2,444.66 1.006,50 $7,606.6 J Total Construction Cost ". The service road ,hall be split 50.50 between City Park benefit (the service road will eventually be used as part of the City's bike path system) and sanitary 5ewer benefit. The sanitary sewer benefit is both latcrll! benefit (to be paid by the developer) jUld trunk benefit (to be paid by the City). The City share for trunk benefit shall be pror31ed based on acttJal sanitary sewCT eonstrul;tion costs. City Park Benefit - $7,606.61 72", $3,803.30 City Trunk Sanitary Sewer Benefit $3,803.30 x ($31.50. $18.50) f $31.50 '" 1-'09.62 Total City Share. Service Road $5.372.92 C. City Share - Connect to existing Sanitary Sewer $4,900.00 x ($31.'0 - $18.JO) 7- $31.50 == $2,022,22 D. City Share - 4' Diameter Manhole $1,170.00 x ($31.50 - $18.50) .;. $31.50 == $4&2.86 E. City Share - Extra Depth of 4' Diameter MllIlhole 1.2 LF x S70.00JLF = $84.00 F. City Cost - Televising Sanitary Sewer 372 LF" SOSOILFl!. ($31.50- $18S0) + $31.50- $76.76 G. Remove Cone Section and Install 2' Bancll Section 1.0 LS x $5ooJXYLS '" $500.00 , / Total City Share - SanilafY Sewer $13,374.76 3 10676 l'IHT-~-l ;j':i? 15:3~ 612 292 12112183 P.05/12!6 2. Watennain Final Con~ltuction Cost $98,827.50 \ Expense.~ (27.6554%) 527.331.14 -' $126,158.64 $126 158.64 = $2.574.67 49 Lots 3. Storm Sewer Final Construction Cost $32,812.00 Expenses (27.6554%) 59.074.29 $41.886.29 $4: 1.886.29 = $854.82 49 LoIS 4. St.-eets Final Construction Cost $139,'04.57 Expenses (27.6:5S4%) $38,597.14 $178,161.71 Seal Coating $11.450.00 $189.611.71 ~189.611.71 .. $3,869.63110t / 49 Lots , . / 4 10676 MAY-02-1997 15:32 612 292 0083 P.ffi/06 Total Lateral Chlll'2e Sanitary Sewer $2,898.84 Watermain $2,574.67 Storm Sewcr $854.82 / Streets ~3.869.63 TOI;li $10.197.96 Tl'1Ink Source and Storage :5. Watermaln Ct;IIlnection Charge SI,22S.00lLot Area Charge 1172AC @ $1.130.OOIAC $270.28ILot 49 Lots 6. Sanitary Sewer COMection Charge $290.00/Lot (6.69 AC) @ $927.OOIAC (51 26,56)/Lot 49 Lots Total Trunk Source and Storage $1.6~8.721Lot SUMMAR~ \ Sanitary Sewer Lateral $2,898.84 -' Watermain Lateral $2,574.61 Storm Sewer Laterll1 $854.82 Streets Lateral $3,869.63 Trunk Watermain Connection $1,225.00 Trunk Watermain Area $270.28 Trunk Sanitary Sewer Connection $290.00 Trunk Sanitary Scwer Area ($126.56) Total Unit Charge $11,8'6.08 ", / 5 10676 TOTAL P. 136 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: May 6 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance No. 213 Repeal Ordinance No. 28 ~...~. Request The City Council is asked to approve Ordinance No. 213 - An Ordinance Licensing the Sale and Consumption of Non-Intoxicating Malt Liquors. \ ) The Planning and Zoning Commission has met to discuss this ordinance. Minutes from these meetings are attached for your review. Please review and comment. , ) \ I .I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 213 An Ordinance repealing Ordinance No. 28, adopted June 20, 1975; Ordinance No. 28A, adopted July 16, 1982; Ordinance No. 28B, adopted February 28,1986; Ordinance No. 28C, adopted September 25,1987; Ordinance No. 28D, adopted July 2,1996; and Ordinance No. 28E, adopted January 7,1997. AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON-INTOXICATING MALT LIQUORS IN THE CITY OF ANDOVER. Section 1. Provisions of State Law Adopted. The provisions of Minnesota Statute, Chapter 340A, commonly known as the Liquor Act, are adopted and made part of this ordinance as if set out in full. Whenever there is an inconsistency between the provisions of Minnesota Statute, Chapter 340A, and the provisions of this ordinance, the more restrictive shall govern. \ ) Section 2, Definitions. In addition to the definitions set forth in Chapter 340A, the following words are defined for the purpose of this ordinance. Bona Fide Club an incorporated organization for social or business purposes or for intellectual improvement or for the promotion of sports, where the serving of non-intoxicating liquor, incidental to and not the major purpose of the club. Non-Intoxicating Liquor is any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. Package a sealed or corked container of alcoholic beverage. Person an individual, partnership, association, corporation, or club. Public Property land owned by a municipal, county, state or other governmental unit. / Section 3. License Required. .' No person (with the exception of wholesalers and manufacturers, to the extent authorized by law) shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, within the City without first having received a non-intoxicating malt liquor license. The City Council may issue the following types of non-intoxicating malt liquor licenses. 1. "On-Sale" Licenses. Retail "on-sale" licenses obtained pursuant to this ordinance shall permit the licensee to sell non-intoxicating malt liquors for consumption on the licensed premises and shall be issued only to restaurants, hotels, bona fide clubs and establishments used exclusively for the sale of non-intoxicating malt beverages with the incidental sale of tobacco and soft drinks. 2. "Off-Sale" Licenses. Retail "off-sale" licenses obtained pursuant to this ordinance shall permit the licensee to sell non-intoxicating malt liquors in packages for consumption off the premises only. 3. Temporary "On-Sale" Licenses. Temporary "on-sale" licenses obtained pursuant to this ordinance shall be issued to a bona fide club or charitable, religious or nonprofit organization for a specified time period. Section 4. Application for License. \ J l. Any person desiring a license to sell non-intoxicating liquor (on-sale or off- sale) shall make application for a license to the City Clerk. The application made to the City shall include the following: a. Name of applicant and date of birth; b. Representations as to the applicant's character; c. The business in connection with which the proposed licensee will operate and its location; d. Whether the applicant is the owner and operator of the business and if not, who is; e. Whether the applicant has ever used or been known by a name other than his/her name; f. Kind, name and location of every business or occupation applicant or spouse has been engaged in during the preceding ten (10) years; and g. Other such information as the City Council may require from time to time. / 2 / 2. 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. 3. Each licensee shall have the 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 with this section shall constitute cause for revocation or suspension of the license. Section 5, License Fee and Renewal. 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. All non-intoxicating liquor 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 6, Financial Responsibility, Every application for a non-intoxicating liquor license shall be accompanied by evidence of adequate financial responsibility for liability in a form permitted by Minnesota Statute Section 340AA09, Subd. 1. This provision shall not apply to establishments exempt from financial responsibility requirements by Minnesota Statute Section 340AA09, Subd. 4. A liability insurance policy shall name the City of Andover as an additional insured. The limits of such policy shall comply with the liability limits as stated in Minnesota State Statutes. The liability policy must provide that it may not be canceled for any cause either by the insured or the insurance company without first giving ten (10) days notice to the City in writing of that intention. The policy must also provide that any amount paid by the insurance company as a result of a claim will not reduce the coverage available to pay subsequent claims. / No person may operate any business or conduct any activities requiring a non- intoxicating liquor license from the City without having in effect, and evidence on file with the City of, the financial responsibility required by this Section. The failure to have 3 ) the financial responsibility in effect and/or on file shall be grounds for immediate revocation or suspension of a license. Section 7. Granting of License. No non-intoxicating liquor license, except temporary licenses, shall be issued until the City Clerk has conducted an investigation of the representatives set forth in the application. All applicants shall cooperate with this investigation. Any false statement or material omission made by the applicant during the course of the investigation shall be grounds for denying or revoking the license. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council. Section 8. Locations Ineligible for Licenses in City. No "on-sale" license shall be granted for any place within one thousand (1,000) feet of any public or private school nor within four hundred (400) feet of any church. No license shall be granted for operation on any premises upon which taxes or \ assessments or other financial claims of the City are delinquent and unpaid. I Section 9, Temporary Licenses. The City Council may issue temporary "on-sale" non-intoxicating liquor licenses to a bona fide club or charitable, religious, or non-profit organization. These licenses are subject to the following: a. Submission of a completed application to the City Clerk at least thirty (30) days in advance of the event for which the license is requested. b. Submission of evidence of insurance with the same coverage limits and provisions as is required for the issuance of an "on-sale" or "off-sale" license for an establishment with sales of non-intoxicating liquor of $10,000 or more per year. c. Payment of license fee as established by City Council resolution. d. Submission of a list of responsible persons who may be contacted immediately in case of an emergency. Those persons must be residents of the Twin Cities metropolitan area as defined by Minnesota Statute 473.121, Subd. 2. At least one person of the listed persons must be present on the licensed premises during all hours of sale. I 4 ) e. The City Council may impose other reasonable conditions. Temporary "on-sale" non-intoxicating liquor licenses may be issued for a specified period of time, not to exceed three (3) consecutive days unless the approval for an extended time period is granted by the City Council. These licenses may be issued for an event to take place on public property. Section 10. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State law. Adopted by the City Council of the City of Andover on this _ day of 1997. ATTEST: CITY OF ANDOVER " / Victoria V olk, City Clerk J. E. McKelvey, Mayor \ 5 Regular Planning Commission Meeting J April 8, 1997 - Minutes Page 5 MOTION by Apel, seconded by Wells that the Planning and Zoning Commission forward to the City Council a recommendation for approval of the resolution amending the Comprehensive Plan as presented by staff. Motion carried unanimously. This will go to the City Council on May 6, 1997. Ordinance Review. No 213.214 218 219 and 220 Jeff Johnson reviewed the following ordinances which have been prepared by staff: -t Ordinance 213 Non-Intoxicatin\: liquor - Mr. Johnson and the City Clerk reviewed this ordinance and cleaned it up. Commissioner Squires questioned the insurance limits and Mr. Johnson noted that he will check to make sure they are in line with the state statutes. Ordinance 214 ,Diseased Shade Tree/Tree Preservation- The major change was Section 13 which will require builders to plant one tree for each house that is built. / Ordinance 218. Parkin\: - Section 2 of this ordinance is going to be discussed by the City Council at their meeting of April 15th regarding the Crooked Lake boat landing. Ordinance 219, Growth of Weeds - The weed inspector will be changed to City Administrator rather than the Zoning Administrator. Ordinance 220. Licensing Permittin\: and Establishing Fees for Excavators - the insurance coverages in this ordinance will be checked to make sure they comply with state statutes. Other Business Mr. Carlberg reviewed the City Council on previous items from the Planning Commission, noting that the City Council generally agreed with the sketch plans of Hamilton Square and the Commercial Park; they approved a lot split/variance requested by Robert Dehn; and a Special Use Permit requested by Richard Synder was approved. rvIr. Carlberg noted that the Metropolitan Council has approved the Comprehensive Plan amendment for Presbyterian Homes and it looks like the amendment for Chesterton Commons will also be approved. The Council also discussed the locations of day care centers as there are 4 or 5 located on the same block in the Hills of Bunker Lake. Regular Andover Plannng and Zoning Co~mission Meeting Minutes - March 11, 1997 Page 6 ) -r ORDINANCE REVIEW - LICENSING THE SALE OF NON-INTOXICATING MALT LIQUOR Mr. Johnson stated he " is working with the City Clerk to revise the ordinance and the application. Once that is done, he will bring them back to the Commission for review. No Commission action was needed at this time. ORDINANCE REVIEW - TREE PRESERV.\TION/DISEASED TREES Mr. Johnson provided a brief background of the efforts made to revise the Tree Preservation/Diseased Trees Ordinance and the Council's decision last year to stay with this ordinance. Staff is comfortable with the current ordnance and is recomrr.ending the ordinance be renumbered but remain with the same language. There has been some discussion about requiring a builder to plant a tree in the front yard of the new home, and Staff will be discussing that: with the City Council. Some Commissioners favored the planting of a tree in front of each new h:luse, but no action was taken this evening. O'RDINA.'lCE REVIEW - REIMBURSEUENT OF CONSULT.WTS \ I / Mr. Johnson reported he has discussed this ordinance with the Finance Director, who will be updating it to include the accounting practices used today. No Ccmmission action was needed at this time. OTHER BUSIllESS Development at 133rd Lane and Round Lake Boulevard r.lr. Carlberg explained Bahn's Ldndscape Design and Construction has submitted a concept for the development of the site at 133rd Lane and Round Lake Boulevard to include a landscaping business with land,scape design, some retail, a bed and breakfast and landscaping for a commercial contracting business. He pointed out some of the past proposals for the site, all of which were opposed by the residents in the area. This proposal would not require a change in zoning as a commercial green house is perrr.itted in a residential district. \ / Com~ission discussion was on the concern with overuse of the small area, especially with the bed and breakfast and commercial contracting business which probably would not fall under the permitted use of a commercial green house. They felt the ultimate use on that property should not require a rezoning, as the neighbors have not been supportive of any rezoning of it. If there were some commercial use on this property, it: would be the only commercial use among residential housing. Plus there is a potential access/exit problem off 133rd Lane. There may also be a problem with parking if there is any type of retail that is seasonal and on weekends. There is multiple housing both to the south and across Round Lake Boulevard. The Commission's suggestion was that any use s~ould be designed with a residential flavor, possibly medium density town homes or carriage houses. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: May 6. 1997 AGENDA SECTION ORIGINATING DEPARTMENT N on- Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance No. 214 Repeal Ordinance No. 29 :13. Request The City Council is asked to approve Ordinance No. 214 - An Ordinance Relating to the Control and Prevention of Dutch Elm and Oak Wilt Disease Within the City of Andover. , , J The Planning and Zoning Commission has met to discuss this ordinance. Minutes from these meetings are attached for your review. Please review and comment. \ / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 214 An ordinance repealing Ordinance No. 29, adopted August II, 1975; Ordinance No. 29A, adopted November 6,1979; Ordinance No. 29B, adopted February 7,1989; and Ordinance No. 29C, adopted July 7, 1992. AN ORDINANCE RELATING TO THE PRESERVATION OF SHADE TREES AND THE PREVENTION OF EPIDEMIC DISEASES ASSOCIATED WITH SHADE TREES WITHIN THE CITY OF ANDOVER. Section 1. Declaration of Policy. / The City Council of the City of Andover has determined that the health of the elm, pine and oak trees within the City are threatened by fatal diseases known as Dutch Elm disease, Oak Wilt disease and Pine Bark Beetle (Ips Pini). It has further determined that the loss of Elm, Oak and Pine trees growing upon public and private property would substantially depreciate the value of property within the City, and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the City Council to preserve shade trees as well as to control and prevent the spread of these diseases and other epidemic diseases of shade trees by enacting this ordinance in conjunction with the Tree Preservation Policy. Section 2. Positions Created. 2.1 Forester. The position of Forester is hereby created within the City. 2.2 Tree Inspector. The position of Tree Inspector is hereby created within the City. The Tree Inspector must be certified by the Minnesota Commissioner of Agriculture. 2.3 Duties of Forester or Tree Inspector. It is the duty of the Forester/Tree Inspector to coordinate, under the direction and control of the Council, all activities of the City relating to the control and prevention of Dutch Elm and Oak Wilt diseases, the spread of the Pine Bark (Ips Pini) Beetle, and other epidemic diseases of shade trees. Section 3. Tree Commission. '. 3,1 Commission Created. The City Council hereby authorizes the establishment of a Tree Commission which shall consist of seven (7) members who are residents of the City and who shall be appointed by the Mayor with the approval ofthe City / .' Council. Three (3) members shall serve a one (1) year term and four (4) members shall serve a two (2) year term. Each succeeding term shall be for two (2) years. Each member is eligible for re-appointment at the end of their term. Members of the Commission shall serve without compensation. 3,2 Duties of Tree Commission. The Tree Commission will assist the Forester/Tree Inspector in establishing and prioritizing control areas, promulgate rules, regulations, standards and specifications to be approved by the City Council, and advise the City Council of appropriate actions. Section 4, Epidemic Disease Program, 4.1 Intent, It is the intention of the Council to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statutes 1961, Section 18.022, as amended, directed at the control and elimination of Dutch Elm and Oak Wilt disease fungus, and Pine Bark Beetles, and elimination of other tree diseases, and is undertaken at the recommendation ofthe Minnesota Commissioner of Agriculture. Section 5, Nuisances Declared, , , 5.1 Nuisances. The following are public nuisances wherever they may be found within the City of Andover: A. Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistreatus (Eichh) or Hylungopinus Rufipes (Marsh). B. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed or sprayed with an effective elm bark beetle insecticide, except that the stockpiling of bark bearing elm wood shall be permitted during the period from September 15th to April 1st of any year. C. Any living or standing northem red oak, Quercus Rubra, northem pin oak, Quercus Ellipsoidalis, black oak, Quercus Velutina, and scarlet oak, Quercus Coccinea or part thereof infected to any degree with the oak wilt disease Ceratocystis Fagacearum. D. Any living or standing white oak, Quercus alba, bur oak, Quercus macrocarpa, and swamp white oak, Quercus bicolor that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems. , 2 \ E. Any diseased material of the red oak group wilting in July or August of one year declared to be hazardous the following spring, from April 15 until July l. Any recently cut pine tree slash that is or is not part of a slash treatment for trapping Ips Pini. F. Section 6, Inspection and Investigation, 6,1 Annual Inspection. The Forester/Tree Inspector shall inspect all premises and places within the City of Andover as often as practicable to determine whether any condition described in Section 5 exists thereon. A. The Forester/Tree Inspector shall investigate all reported incidents of infestation by Dutch Elm fungus or elm disease on all those premises and places within the City at least three (3) times during the growing season to determine whether any condition described in Section 5 (A) and (B) exists. B. The Forester/Tree Inspector shall investigate all reported incidents, premises and places of infestation by oak wilt, pine bark beetles or other diseases of shade trees as many times as necessary to determine whether any condition described in Section 5 (C-E) exists. 6.2 Entry on Private Premises, The Forester/Tree Inspector or its duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned to them under this ordinance. 6.3 Diagnosis. A. City Forester/Tree Inspector shall make the initial identification of an infected area whenever possible. B. The property owner or contractor, as advised by the Forester/Tree Inspector, shall within forty-eight (48) hours send appropriate specimens or samples to the Minnesota Commissioner of Agriculture, University of Minnesota or any State certified testing lab for analysis. Except as provided in Section 8, no action to remove infected trees or sod shall be taken until positive diagnosis of the disease has been made. C. It is the responsibility of the property owner or contractor to notify the City of the results of the diagnosis in writing. Notification to the City must be done within seven (7) days ofreceipt of the diagnosis. , \ 3 \ Section 7. Abatement Of Epidemic Tree Disease Nuisances. j In abating the nuisance defined in Section 5, the Forester/Tree Inspector shall cause the infected tree or wood to be sprayed, removed, burned (by permit only), chipped or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of epidemic diseases of shade trees, including, but not limited to, the Dutch Elm disease and the associated elm bark beetles, Oak Wilt disease fungus, or Pine Bark beetles. To prevent root graft transmission of the diseases, a barrier may be created between diseased and healthy trees, either by treating the soil surrounding the trees with a chemical approved by the Minnesota Department of Agriculture or the University of Minnesota, or by digging a trench at least fifty-two (52) inches deep in the soil to isolate the diseased trees as recommended by the Department of Agriculture or University of Minnesota. Such abatement procedure shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Minnesota Commissioner of Agriculture or University of Minnesota. ) 7.1 Abatement. It is unlawful for any person(s) to permit the spread of a public nuisance as defined in this ordinance across his or her property lines and in any specified control areas as established by the City. Such nuisances may be abated in the manner prescribed in Section 8. Section 8. Procedure for Abatement ofInfected Trees and Wood. 8.1 Written Notification and Prescription. If the diseased tree nuisance as described in Section 5, Subdivision 1 (A-E) is located on private property the Forester/Tree inspector shall send a written notification and prescription to the owner of said property. It shall be the obligation of the property owner to carry out the prescribed abatement procedure(s) within twenty (20) days from the date of receipt of the notification from the City unless a written exception is granted by the Forester/Tree Inspector because of unforeseen physical limitations resulting from excessive numbers of diseased trees occurring on said property or other unforeseen hardships as determined by the Forester/Tree Inspector. Such decision may be appealed to the Tree Commission. If the owner fails to follow the prescription within the designated time period, the Forester/Tree Inspector shall notify the property owner by mail that the Forester/Inspector will contract for the abatement of the nuisance. \ / 4 ) 8.2 Contract Costs/Charges, The Forester/Tree Inspector shall then proceed to contract for the prescribed abatement procedure as soon as possible and shall report to the City Clerk all charges resulting from the abatement procedures carried out on such private property. The City Clerk shall list all such charges along with a City administrative cost against each separate lot or parcel by September 1 of each year as special assessments to be collected commencing with the following year's taxes. Administrative costs as set by City Council resolution shall be assessed for each parcel and shall be added to each assessment. 8.3 Imminent Danger ofInfestation. If the Forester/Inspector finds that danger of infestation of epidemic diseases in shade trees is imminent, he/she shall notify the abutting property owners by mail that the nuisance will be abated within a specified time. 8.4 Boulevard Trees, In the case of existing boulevard trees, notices will be mailed to the owner of the abutting property as previously described in Section 8, Subd. 1 and 2. The owner of said property shall abate the nuisance. / 8.5 Stump Removal. Stumps from infected trees on boulevards shall be removed by a machine, grinding up stumps to six (6") inches below ground level, or digging up the total stump. The removal of stumps shall occur within six (6) months of notification by the Forester/Tree Inspector. 8.6 Assessments. All assessments levied for the repayment of tree disease abatement cost may be repaid over a five (5) year period. Such assessments shall be levied under authority granted by Minnesota Statutes 429.1 01. Section 9. Spraying Trees. Whenever the Forester/Tree Inspector determines that any tree or wood within the City of Andover is infected with disease, he/she may require spraying all nearby high value trees with an effective disease destroying concentrate. Spraying activities authorized by this Section shall be conducted in accordance with technical and expert opinions and plans of the University of Minnesota or the Minnesota Commissioner of Agriculture and under the supervision of the University of Minnesota or the Minnesota Commissioner of Agriculture, or agents thereof, whenever possible. Section 10. Transporting Wood Prohibited (Epidemic Diseased Wood). / It is unlawful for any person to transport within the City any diseased wood that is determined to be hazardous as described in Section 5, without having obtained a permit from the Forester/Tree Inspector. The Forester/Tree Inspector shall grant such permits only when the purpose of this ordinance will be served thereby. The transportation of diseased wood within the City to an approved disposal site shall be allowed without a permit. 5 '. ) Section 11. License Requirements. It shall be unlawful for any individual, partnership or corporation to conduct as a business for profit the cutting, trimming, pruning, removing, spraying or otherwise treating of trees, shrubs or vines in the City of Andover without first having secured a license from the City to conduct such business. 11.1 Application. Application for a license under this ordinance shall be made at the office of the City Clerk of the City. Fees shall be set by City Council resolution. 11.2 Application Form. The application for a license shall be made on a form approved by the City which shows, among other things, the name and address of the applicant, the number and names of the employees of the applicant, the number of vehicles of the applicant, together with a description and license number of each, and the type of equipment proposed to be used. '. 11.3 Liability Insurance. No license or renewal of a license shall be granted, nor shall the same be effective, until the applicant has filed with the City Clerk a Certificate of Insurance evidencing the holding of liability insurance and the limits required by Minnesota State Statutes and proof of Worker's Compensation Insurance. / A. The City shall be named and the insurance provided shall include the City as an additional party insured. Said policy shall provide that it may not be canceled by the insurer except after ten (10) days written notice to the City, and if such insurance is so canceled and licensee shall fail to replace the same with another policy conforming to the provisions of this ordinance, said license shall be automatically suspended until such insurance shall have been replaced. 11.4 Chemical Treatment Requirements. Applicants who propose to use chemical substances in any activity related to treatment or disease control of trees, shrubs or vines shall file with the City Clerk proof that the applicant or an employee of the applicant administering such treatment has been certified by the Agronomy Division of the Minnesota Department of Agriculture as a "commercial pesticide applicator". Such certification shall include knowledge of tree disease chemical treatment. Section 12. Protection of Trees. '. / A Tree Protection Plan is to be submitted by all developers, builders and soil disturbance project area facilitators in accordance with the City of Andover Tree Preservation Policy. 6 J Section 13. Required Tree Plantings. For lots of record created after the adoption of this ordinance, it shall be the responsibility of the builder of the home constructed on said lot to plant a minimum of one (I) live and healthy, deciduous tree. Said tree shall be at least two and one half (2 l/2) inches in diameter and six (6) feet in height (measured at ground level after planting). Said tree shall be planted between the months of May and October and its species and/and or type shall be approved by the City Administrator or designee. Said planted tree shall be located in the front yard and shall be placed at least five (5) feet from all property lines and driveways. Any tree planted shall be replaced if it appears to be dying within one (1) year of planting by the person and/or builder responsible for the planting. The builder shall escrow 150% of the cost of tree replacement when tree(s) and weather conditions do not allow the tree(s) to be planted at the time ofthe development or construction. The requirements in this Section shall not apply to a builder if a tree is preserved on the property that meets the requirements listed above. Section 14. Interference Prohibited. / It is unlawful for any person to prevent, delay or interfere with the Forester/Tree Inspector or their designated agents while they are engaged in the performance of the duties imposed by this ordinance. Section 15. Severability. If any section, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this ordinance, any section, subdivision, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subdivisions, sentences, clauses or phrases be declared unconstitutional. Section 16. Penalty. Any person, firm or corporation who violates any section of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as defined by State Law. Section 16, Effective Date: , l / This ordinance is effective from and after its passage and publication. 7 ) j I / Adopted by the City Council of the City of Andover this _ day of 1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk 1. E. McKelvey, Mayor 8 Regular Planning Commission Meeting April 8, 1997 - Minutes Page 5 / MOTION by Apel, seconded by Wells that the Planning and Zoning Commission forward to the City Council a recommendation for approval of the resolution amending the Comprehensive Plan as presented by staff. Motion carried unanimously. This will go to the City Council on May 6, 1997. Ordinance Review No. 213 214.218.219 and 220 Jeff Johnson reviewed the following ordinances which have been prepared by staff: Ordinance 213. Non-Intoxicatin~ Liquor - Mr, Johnson and the City Clerk reviewed this ordinance and cleaned it up. Commissioner Squires questioned the insurance limits and Mr. Johnson noted that he will check to make sure they are in line with the state statutes. 'f Ordinance 214 ,Diseased Shade Tree/Tree Preservation- The major change was Section 13 which will require builders to plant one tree for each house that is built. .I Ordinance 218. Parkin~ - Section 2 of this ordinance is going to be discussed by the City Council at their meeting of April 15th regarding the Crooked Lake boat landing. Ordinance 219, Growth of Weeds - The weed inspector will be changed to City Administrator rather than the Zoning Administrator. Ordinance 220 Licensin~. Permittin~ and Establishin~ Fees for Excavators - the insurance coverages in this ordinance will be checked to make sure they comply with state statutes. Other Business Mr. Carlberg reviewed the City Council on previous items from the Planning Commission, noting that the City Council generally agreed with the sketch plans of Hamilton Square and the Commercial Park; they approved a lot split/variance requested by Robert Dehn; and a Special Use Permit requested by Richard Synder was approved. Mr. Carlberg noted that the Metropolitan Council has approved the Comprehensive Plan amendment for Presbyterian Homes and it looks like the amendment for Chesterton Commons \vill also be approved. The Council also discussed the locations of day care centers as there are ~ or 5 located on the same block in the Hills of Bunker Lake. / Regular Andover Plannng and Zoning Co~mission Meeting Minutes - March 11, 1997 Page 6 / ORDINANCE REVIEW - LICENSING THE SALE OF NON-INTOXICATING MALT LIQUOR Mr. Johnson stated he is working with the City Clerk to revise the ordinance and the application. Once that is done, he will bring them back to the Commission for review. No Commission action was needed at this time. (\.e ORDINlL"lCE REVIEW - TREE PRESERV.\TION/DISEASED TREES Mr. Johnson provided a brief background of the efforts made to revise the Tree Preservation/Diseased Trees Ordinance and the Council's decision last year to stay with this ordinance. Staff is comfortable with the current orctnance and is recommending the ordinance be renumbered but remain with the same language. There has been some discussion about requiring a builder to plant a tree in the front yard of the new home, and Staff will be discussing that: with the City Council. Some Commissioners favored the planting of a tree in front of each new ~~use, but no action was taken this evening. ORDIRk.'lCE REVIEW - REIMBURSEHENT OF CONSULT.UVTS , Mr. Johnson reported he has discussed this ordinance with the Finance Director, who will be updating it to include the accounting practices used today. No Ccrnmission action was needed at this time. ) OTHER BUSINESS Development at 133rd Lane and Round Lake Boulevard f'lr. Carlberg explained Bahn's Lo,ndscape Design and Construction has submitted a concept for the development of the site at 133rd Lane and Round Lake Boulevard to include a landscaping business with land.scape design, some retail, a bed and brea}:fast and landscaping for a commercial contracting business. He pointed out some of the past proposals for the site, all of which were opposed by the residents in the area. This proposal would not require a change in zoning as a commercial green house is permitted in a residential district. , ) Commission discussion was on the concern with overuse of t~e small area, especially with the bed and breakfast and con~mercial contracting business which probably would not fall under the permitted use of a commercial green house. They felt the ultimate use on that property should not require a rezoning, as the neighbors have not been supportive of any rezoning of it. If there were some commercial use on this property, it would be the only commercial use among residential housing. Plus there is a potential access/exit problem off 133rd Lane. There may also be a problem with parking if there is any type of retail that is seasonal and on weekends. There is multiple housing both to the south and across Round Lake Boulevard. The Commission's suggestion was that any use should be designed with a residential flavor, possibly medium density town homes or carriage houses. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION >' DATE: May 6. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance No. 218 Repeal Ordinance No. 33 dJ. Request The City Council is asked to approve Ordinance No. 218 - An Ordinance Establishing Parking Restrictions in the City of Andover. / The Planning and Zoning Commission has met to discuss this ordinance. Minutes from these meetings are attached for your review. Please review and comment. ) ; CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 218 An Ordinance repealing Ordinance No. 33, adopted January 20, 1976; Ordinance No. 33A, adopted January 16, 1979; Ordinance No. 33B, adopted February 15, 1983; Ordinance No. 33C, adopted May 19, 1987; Ordinance No. 33D, adopted January 3, 1989; Ordinance No. 33E, adopted February 1, 1994; Ordinance No. 33F, adopted October 15,1996; Ordinance No. 33G, adopted February 4,1997; and Ordinance No. 33H, adopted April 25, 1997. AN ORDINANCE ESTABLISHING PARKING RESTRICTIONS IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: Section 1. Parking (City Street/Public Right-or-Way) Restrictions. A. It shall be unlawful for any person to leave, park, permit or allow any vehicle to stand or remain upon any City street or right-of-way or on the traveled portion of the road or to obstruct the flow of traffic, unless for an emergency, between the hours of one (1:00) o'clock a.m. and six (6:00) o'clock a.m. from November 1 to April 15, except as provided by this ordinance. , -' B. It shall be unlawful to park or permit to be parked, or to continue to park or permit to stand, any vehicle upon any City street after two (2) inches or more snowfall until such time the snow has been plowed from said street. C. It shall be unlawful for any person to leave, park, permit, or allow any vehicle in excess of twenty-four (24) feet in length or having a weight in excess of one (1) ton to stand or remain upon any street or right-of-way or on the traveled portion of the road or to obstruct the flow of traffic at any time of any day unless such vehicle is being used for the purpose of moving goods from or to a commercial or residential location within one (1) block from where such vehicle is located. In no instance shall any vehicle described as being in excess of twenty-four (24) feet or having a weight in excess of one (I) ton be left, parked or permitted to be parked on any street or right-of-way for a period of more than two (2) continuous hours of any day. D. No property of any kind or description, except motorized vehicles, together with property lawfully attached thereto, may be parked, stored, or permitted to stand upon any City street or right-of-way at any time, except as the same may be permitted by resolution of the City Council. / 1 , . E. It shall be unlawful for any person to leave, park or permit any vehicle to be parked in front of or in such a manner or place, as to interfere with or hinder access by persons or vehicles to mail boxes or receptacles therefore or to park or permit to be parked any vehicle in such place or manner as to obstruct or hinder access to any driveway, whether the same are public or private. F. Notwithstanding the foregoing restrictions, the City Council may impose additional parking restrictions on streets within the City if in its opinion such restrictions are necessary to protect the health, safety and welfare of persons or property. Streets subject to such additional restrictions shall be designated by City Council resolution and such restrictions shall not be enforced until after posted notice thereof on such streets has taken place. Section 2. Parking of Boat Trailers. The parking of boat trailers without boats is prohibited on school property or within one thousand (1,000) feet of any boat launch site. Parking spaces specifically designated for boat trailer parking adjacent to the boat launch site, and boat trailers located on private property are exempt from the requirements of this Section. Section 3, City Street or Public Right-of-Way Obstructions. , " No person shall deposit or permit to be deposited and leave on any public street in the City leaves, grass, sand or similar materials, nor shall any person plow, shovel, or blow or permit the blowing, shoveling or plowing of snow onto a public street in the City and leaving it. This provision shall not apply to any person who is in the process of constructing or maintaining a yard or drive provided that the materials are immediately removed from the street. Section 4, Parking Violationsffowing. The designated law enforcement official is hereby authorized and empowered to remove or cause to be removed any vehicle parked, stored, stalled, or standing on City streets in violation of any of the provisions of this ordinance. Said vehicles may be removed by towing or otherwise and be stored in garages or outside storage areas by persons, individuals, or firms engaged in the general garage or towing business within the City. Said vehicles shall not be removed from place stored until the owner or their authorized agent shall have fully paid the costs incurred for towing and storage to the person or firm who has furnished such service. In the event that any vehicle held or stored is not claimed or recovered by the owner thereof, there is deemed to be imposed upon such vehicle a possessory lien for the amount of the costs incurred for towing and storage. Such lien shall be foreclosed in the manner provided by law for the foreclosure of possessory liens. 2 / Upon proof that a certain vehicle was parked, stored, or allowed to stand in violation of this ordinance and that a certain person is the registered owner of said vehicle, this shall be prima facie evidence that such person committed or authorized the commission of such violation. Section 5, Enforcement. Community Service Officers or the Anoka County Sheriffs Department may issue citation for violations of this ordinance, provided that no Community Service Officer may require a person served to sign a promise to appear with respect to any such citation. Section 6, Penalty, Any person, firm, or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by State law. Adopted by the Andover City Council on this _ day of ,1997 , ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk 1. E. McKelvey, Mayor 3 / \, / Regular Planning Commission Meeting April 8, 1997 - Minutes Page 5 MonON by Apel, seconded by Wells that the Planning and Zoning Commission forward to the City Council a recommendation for approval of the resolution amending the Comprehensive Plan as presented by staff. Motion carried unanimously. This will go to the City Council on May 6,1997. Ordinance Review No. 213 ')14 218 219 and 220 Jeff Johnson reviewed the following ordinances which have been prepared by staff: Ordinance 213 Non-Intoxicatin~ Liquor -Mr, Johnson and the City Clerk reviewed this ordinance and cleaned it up. Commissioner Squires questioned the insurance limits and Mr. Johnson noted that he will check to make sure they are in line with the state statutes. Ordinance 214 ,Diseased Shade Treerrree Preservation- The major change was Section 13 which will require builders to plant one tree for each house that is built. ~ Ordinance 218. Parkin~ - Section 2 of this ordinance is going to be discussed by the City Council at their meeting of April 15th regarding the Crooked Lake boat landing, Ordinance 219, Growth of Weeds - The weed inspector will be changed to City Administrator rather than the Zoning Administrator. Ordinance 220 Licensin~ Perminin~ and Establishin~ Fees for Excavators - the insurance coverages in this ordinance will be checked to make sure they comply with state statutes. Other Business Mr. Carlberg reviewed the City Council on previous items from the Planning Commission, noting that the City Council generally agreed with the sketch plans of Hamilton Square and the Commercial Park; they approved a lot split/variance requested by Robert Dehn; and a Special Use Permit requested by Richard Synder was approved. !\Ir. Carlberg noted that the Metropolitan Council has approved the Comprehensive Plan amendment for Presbyterian Homes and it looks like the amendment for Chesterton Commons \vill also be approved. The Council also discussed the locations of day care centers as there are ~ or 5 located on the same block in the Hills of Bunker Lake. / Regular AndovEr Planning and Zoning Commission Meeting Minutes - March 25, 1997 "Page ( i / ORDINANCE REVIEW - ORDINANCE NO. 32, PUBLIC SANITARY SEWER ( Mr. Johnson stated the Engineers and Public Works Depar'::.ment are reviewi ng this ordinancE::. The last updat.e was in 19d6, and several changes a~e needed. He will br~ng those recommended changes back. ~ ORDINANCE REVIEr., - ORDIN.UlCE NO. 33, PARKING ON CITY S':'REETS Mr. Johnson s~ated this ordinanc~ will be rewritten into the new format. No changes are being proposed by Sta=f. Mr. Carlberg noted th~ Council will hold a public hearing regarding the parking of boats and trailers at the Crooked Lake Elementary school beca,-lse of the conce~n wi th overuse of Crooked Lake. Some change to the ordinance may come about as a result of that hearing. The Commission noted consideration for no parki:-,g sh::JUld also then b~ gc.ven along B'_mker Lake 3,:)Ulev~rd, the froctag~ =cai and Ci=y s~r?ats fer some distance fr~~ the lak2. ORDIll.a.SCE REVIEW - ORDINAllCE NO, 34, NOXIOUS vlEEDS ORDIN.l>_'lCE Mr. Johnson scated the ordinance will be renumbered. T~e las~ update was in 197';, but the conc",pt will rerr.ain the same. H-,: h,::.s received ordi~,2,:-,ces from other corr.munities to revi~h., and Ar...dcv.::r's ordinance is \in 1 ir;~ wi t:l th~irs. f / \ ORDI~ANCE RET1IE",1 - ORDIN.~CE NO. 35, REQUIRING LICENSES, PERMITS AND ES7AE~ISHING FEES FOR EXCAVATORS Mr. uo.-mson stated no maj 0:: changes are proposec. by tte 3t:.ilding Of=icial. Cowmissioner Squires seated the insurance neeced for licenses should be reviewed, as the limits set in 1.976 :nay no ~_cnger be :::-€as:J::able. To some ex+:ent those limits were t:ieci to Municipal liability tort li~its, which wi:l prcbably be changed bv t~e S~ate. ORDINA;;CE 92, ADULT USES M~. Jchnscn reported the Ci~y Council has as]<ed tha~ C=di~a~c~ 52, Adul~ TJses, ce ~.lpda~e'J. and 5:.':'-~~1(;''':he:1ej. St.aff has _~(=cel"II"-:=:d .3, req:,::=si: fG~ a:: ?du::'r. n2lv(~:t.v ;:)'.1Slr:ess '."., A.:1c.ove::-. Tn..")se ~'e'ris:'~!l.3 '11.:L:':' -,.::. goi~; direc~ly co ~h~ Ci~y Ccu~cil fo~ co~sideraci~n. OTHER EUSINESS i'-!r. C~ Y":'b~l.g :-e~li ~~...,~~d ~ 't.-== ':'tct l.C:lS t 3. '<en b"l .1..~ C_~ L v (:c~_':"J.i.:-":' 1. -=:..... :':"1e:.. -.- ~a~c~ :_~, ~~g7, xe~:'~~. "-lo-!o'Z'r01i ;::'/ ./ - -- Co ~-_"':<3, ~";'1:' ~-e.5 , : -.:2":5'::""...: S:::C';: .(1':<:' D? C;3:1'c:.C:--.~ 1 'CC 2;.':.:. C' 1.1:;.:,:. . !V'!l-;;.: 5.(._~-. :: ~:-~~-_-=I"::' ad~=~y.~~,j ~: ~:~:J p..n. : =,Ct ~.::: ' . "' L' 1~::' ,," '-,::.. ......-1..;. '-....... _ , w~:..l.:;! ~i,::.'C ~ . .i. ~. '"; ~-.':::::: :.:1'''; ..,13,=: "F-~_ .:~ .J ':) .:: (": : 8';,~L~~~.:.: t..~ _~ . \ >!:;~:.:'::: l~~ :\. .... . . ...~ ~ ':';_4.'_..L I r~~C.....;::...1":"i.~ :3':.;.:::.-,-;;:a.'::'-j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ; DATE: May 6. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance No. 219 Repeal Ordinance No. 34 .;lS. Request The City Council is asked to approve Ordinance No. 219 - An Ordinance Regulating and Controlling Weeds and Growing Grasses and Other Harmful Vegetation in the City of Andover. \ ) The Planning and Zoning Commission has met to discuss this ordinance. Minutes from these meetings are attached for your review. Please review and comment. / / ORDINANCE NO. 219 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA An Ordinance repealing Ordinance No. 34, adopted March 16, 1976. AN ORDINANCE REGULATING AND CONTROLLING WEEDS AND GROWING GRASSES AND OTHER HARMFUL VEGETATION IN THE CITY OF ANDOVER. The City of Andover hereby ordains: Section 1. Purpose, Noxious weeds and other harmful vegetation is subject to needless abuse, creating a detriment to public health, comfort and convenience of the residents of the City as well as creating a general aesthetic depreciation, the growth of such vegetation is hereby declared to be a nuisance. / The purpose of this ordinance is to ensure proper maintenance of noxious weeds, vegetation and grasses. The City Council finds that establishing a height limitation for certain vegetation is of best interest of the public health, safety and welfare and is reasonable maintenance standard. Section 2. Definitions, The following words shall have the meanings as specified: Weeds include all noxious weeds as defined by the statutes of the State of Minnesota and all such useless and troublesome plants as are commonly known as weeds to the general public. Weed Insvector the City Administrator or its designee. Section 3. Maintenance Standards. Weeds or grasses growing to a height of twelve (12) inches or greater or which have gone or about to go to seed upon any lot or parcel of land within the platted portions of the City may be declared by the Weed Inspector to be a nuisance. \ j In determining whether weeds or growing grasses constitute a nuisance, the Weed Inspector shall consider one (I) or more of the following: The weeds or growing grasses- 1) are located within two hundred (200) feet of a platted area; 1 / 2) are located within one hundred (100) feet of any occupied dwelling, office, commercial or industrial building; create a general aesthetic depreciation of the neighborhood; are defined by Minnesota Statutes; are a detriment to the public health, comfort or safety of the residents of the City. 3) 4) 5) Section 4, Permitting a Nuisance and General Notice Requirements. Whenever the City determines that a public nuisance is being maintained or exists on the premises in the City, the City shall notify in writing the owner/occupant of the premises of such fact and shall order that said nuisance be terminated and abated. The notice shall be served in person or by certified or registered mail. The notice shall specify the steps to be taken to abate the nuisances and the time; not exceeding ten (10) days, with which the nuisance is to be abated. Such notice shall also state that in the event of non-compliance, abatement will be done by the City of Andover at the owner's expense. When no owner, occupant, or agent of the owner can be found, notice shall be sent by registered or certified mail to the person who is listed on the records ofthe County Auditor or County Treasurer as the owner; service will be complete with mailing. Section 5, Recovery of Costs. , , , The owner of the premises on which such a nuisance has been abated by the Weed Inspector shall be personally liable for the cost to the City of the abatement, including twenty (20%) percent administrative costs. Soon as the work is completed and the costs determined, the Weed Inspector shall prepare a notice in writing to the owner. The notice shall state the work done and the costs and expenses involved, and shall be served on the owner or occupant of the property in accordance with the individual notice provisions stated in Section 4. Such notice shall provide a tabulation of the total costs and expenses involved and shall indicate that if the total amount is not paid to the City within thirty (30) days or before the following October 1st, whichever is later, the costs and expenses shall be a lien in favor of the City and maximum allowable interest will be added to the amount due as of that date with a total cost, expenses and penalties thereupon to be certified to the County Auditor and entered by him or her on his or her tax books as a lien upon such property. Section 6. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with the provisions as defined by State law. / 2 / Section 7. Additional Penalty. It is a misdemeanor for any person to prevent, delay or interfere with City employees or agents of the City when they are engaged in the performance of duties set forth in this ordinance. Adopted by the City Council of the City of Andover on this _ day of 1997. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk J. E. McKelvey, Mayor I / 3 J Regular Planning Commission Meeting April 8, 1997 - Minutes Page 5 MOTION by Apel, seconded by Wells that the Planning and Zoning Commission forward to the City Council a recommendation for approval of the resolution amending the Comprehensive Plan as presented by staff. Motion carried unanimously. This will go to the City Council on May 6, 1997. Ordinance Review. No. 213 ?14 218 219 and 220 Jeff Johnson reviewed the following ordinances which have been prepared by staff: Ordinance 213 Non-Intoxicatin~ Liquor - Mr. Johnson and the City Clerk reviewed this ordinance and cleaned it up. Commissioner Squires questioned the insurance limits and Mr. Johnson noted that he will check to make sure they are in line with the state statutes. Ordinance 214 ,Diseased Shade Tree/Tree Preservation- The major change was Section 13 which will require builders to plant one tree for each house that is built. / Ordinance 218. Parkin~. Section 2 of this ordinance is going to be discussed by the City Council at their meeting of April 15th regarding the Crooked Lake boat landing. f Ordinance 219, Growth of Weeds . The weed inspector will be changed to City Administrator rather than the Zoning Administrator. Ordinance 220 Licensin~ Permittin~ and Establishin2 Fees for Excavators - the insurance coverages in this ordinance will be checked to make sure they comply with state statutes. Other Business Mr. Carlberg reviewed the City Council on previous items from the Planning Commission, noting that the City Council generally agreed with the sketch plans of Hamilton Square and the Commercial Park; they approved a lot split/variance requested by Robert Dehn; and a Special Use Permit requested by Richard Synder was approved. Mr. Carlberg noted that the Metropolitan Council has approved the Comprehensive Plan amendment for Presbyterian Homes and it looks like the amendment for Chesterton Commons \vill also be approved. The Council also discussed the locations of day care centers as there are 4 or 5 located on the same block in the Hills of Bunker Lake. / / Regular Ando.JvE:r PlaI1:1ing and Zoning Commission Meeting Minllt~-s - March 25, 1997 ,Page ( ( / , ORDINANCE REVIEW - ORDINANCE NO. 32, PUBLIC SANITARY SEWER Mr. Johnson stated the Engineers and Public Works Depar+:ment are. reviewi ng this ordinancE::. The last update was in 1986, and several changes a~e needed. He will bring those recommended changes back. OP.DINANCE REVIEr" - ORDIN.UYCE NO. 33, PARKING ON CITY STREETS Mr. Johnson s=ated this ordinance will be rewritten into the new format. No ch~nges are being proposed by Sta=f. Mr. Carlberg noted the Council will 1:01d a public hearing regarding the parking of boats and trailers at the Crooked Lake Elementary school beca;.\se of the concern with overuse of Crooked Lake. Some change to the ordinance may come about as a result of that hearing. The Commission noted consideration for no parki:-.g sh'juld also then be g:.ven along Bunker Lake 3.:mlev.:lrd, the fro~tag~ =cai and Ci~y s==~ats fer some distance fr~~ the 1~k2. ~ ORDnT.~NCE REVIEW - ORDINA11CE NO. 34, NOXIOUS vlEEDS ORDINP_rvCE Mr. Johnson s~~ted che o~dinance will be renumbered. T~e las~ update wasi~, IS7';. but ::he cor:c.=:pt will remain the same. He :J.3.S received ordi~.~.:-.:.ces from o~'her c()rr~m.u:lit.:..es to revie'.:, ar:d A.ndC'\t2r's ordinance is 'in lin2 witl1 th~i~s. ( / ORDI:Xl!u.VCE REv'IE".v - ORDIN.WeE NO. 35, REQUIRING LICENSES, PERMITS AND EST.\E:J.JISHI11G FEES FOR EXCAVATORS Mr. .;C;1nscn stated no maj 0:;' changes are p:::-oposec. by the Bl:.ilding Of=icial. Co~missioner Squires scaced the insurance neec.ed for licenses should be reviewed, as the limits s~t in ~976 ~ay no lcnger be :::-eas:;.::.able. To some ext:ent those limits we:::-e tied to municipal liability cort li~its, which wi:l ~rcbably be changed ~y the S~ate. OR!JIN~.CE 92, ADULT USES M_". Jcnnsc:1. reported the Ci1:y Council :-.Las ask~d c.ha~ C-:-:iir.a~c-= 92 I ,,~dul': TJses, ce ilpdate.J. and st::'-~~:!f;',,:henej. Staff has ~2(..:e.l.",,"o::d .3, req~;'<=5r:. :G::" a:: 2;CU2.t: ~.::ve:'::v ~'..:.sir:e;::s A..'1cove:::-. Th":)se ~.e'lis:~n.3 ~vi.:':' "',':' gci~~ direc~ly to ~he Ci~y Ccu~cil fo~ consideraci~n. OTHER BUSINESS Mr. C?~:bsrg ~evi~wed ~h~ ~~ctlc,ns ~"':3.:'-c:-: :.:., ~~ ~~'~7 I :l~e-==t". :~.-~. ta'-(er1 Cj -:-:.r:e C5t..v (:C'_'::'i.:'.2.l. ~:"1e:..'" '~!O'Z':01i :;)"'/ Je:.. 4-':":.-:-3; ~:,~.;:.. ~'e5. S,::c .;: _ci.:<i b? G-3r"c..C::'=:: I t:c Et.('~;Cll~:.. ;v1\-;;.: .~. (_:.;,-. .': 7.. ~-1": -=G. ,....; :: -.::j:s,:.:-_:. . =c~ ":'-.":-) , L~~~C~K~, We:ls' ~i '::..'t -= . L~~ r~.~~:~~~ wa3 a~j=l;l'~e\j ~: ':~:J p.,~. . z:.;':::."J;J"7(.": ~.: l =. .', .3';,~l-:~r.:..: t. '::.:. '\ ~~.!,; ~ ,".:.= : l::~ !\. ~ ':": _~,:..;J. I r;~-2C":" i.:..j.~' ~~ S~, ::::.-~:.: a.~.'I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION .' DATE: May 6 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance No. 220 Repeal Ordinance No. 35 (~(, . Request The City Council is asked to approve Ordinance No. 220 - An Ordinance Requiring Licenses, Permits and Establishing Fees and Penalties for Excavators or Contractors Performing Street Openings in the City of Andover. / The Planning and Zoning Commission has met to discuss this ordinance. Minutes from these meetings are attached for your review. Please review and comment. \ J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 220 An Ordinance repealing Ordinance No. 35, adopted May 21,1976; and Ordinance No. 35A, adopted February 18, 1986. AN ORDINANCE REQUIRING LICENSES, PERMITS AND ESTABLISHING FEES AND PENAL TIES FOR EXCA V A TORS OR CONTRACTORS PERFORMING STREET OPENINGS IN THE CITY OF ANDOVER. The City Council ofthe City of Andover hereby ordains: Section 1. License Required. No person, firm, corporation, or utility company shall make any excavations in any City street, right-of-way, sidewalk or public ground within the City without first obtaining a license to perform such operations from the City. Application for licenses shall be filed with the City Clerk and shall be reviewed and subject to the approval by the City. I / The applicant shall file with the City Clerk for performance bond guaranteeing the conformance and compliance of work. Said bond shall be in the amount of five thousand ($5,000) dollars. The City shall hold said bond for one (1) year following the license period. Failure to comply with provisions and requirements of this ordinance shall result in forfeiture of the bond. Applicant shall file with the City Clerk proof of liability insurance and property damage insurance which shall remain in force and effect during the entire term of said license and which shall contain a provision that they shall not be canceled without ten (10) days written notice to the City. Liability insurance limits shall comply with the limits required by State Statute. No work shall be done under license until said insurance policies have been filed and approved by the City. Section 3. License Fees and Renewal. An annual license fee shall be set by City Council resolution and shall expire on the last day of each year. All licenses shall be renewed annually. Section 4. Revocation of License. " Any work by a licensee in violation of any provision of this ordinance, or refusal on the part of a licensee to correct such defective work shall be cause for revocation of or refusal to renew a license. Said licenses may be revoked or refused for renewal by the City at \ 1 , , any time for cause which shall be documented in writing. Before any license issued under the provisions of this Section may be revoked or its renewal refused, the licensee shall be given a hearing by the City Council to show cause why such license should not be revoked or refused. Notice of the time, place and purpose of such hearing shall be in writing. Section 5. Permit Required. No person, partnership, corporation shall make any excavation in any municipal street, right-of-way, sidewalk or public ground without first having secured a permit from the City Engineer. The fee for such permit shall be established by City Council resolution. Section 6. Penalty. Any person found to be in violation of any provision as stated in this ordinance shall be served by the City Engineer with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall within the period of time stated in such notice, permanently cease all violations. Any person violating any of 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 of the City of Andover on this _ day of 1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk 1. E. McKelvey, Mayor '\ 2 \ Regular Planning Commission Meeting April 8, 1997 - Minutes Page 5 -' MOTION by Apel, seconded by Wells that the Planning and Zoning Commission forward to the City Council a recommendation for approval of the resolution amending the Comprehensive Plan as presented by staff. Motion carried unanimously. This will go to the City Council on May 6,1997. Ordinance Review No. 213 214 218 219 and 220 Jeff Johnson reviewed the following ordinances which have been prepared by staff: Ordinance 213 Non-Intoxicatinll Liquor - Mr. Johnson and the City Clerk reviewed this ordinance and cleaned it up. Commissioner Squires questioned the insurance limits and Mr. Johnson noted that he will check to make sure they are in line with the state statutes. Ordinance 214 ,Diseased Shade Treerrree Preservation- The major change was Section 13 which will require builders to plant one tree for each house that is built. Ordinance "18. Parkin~ - Section 2 of this ordinance is going to be discussed by the City Council at their meeting of April 15th regarding the Crooked Lake boat landing. Ordinance 219, Growth of Weeds - The weed inspector will be changed to City Administrator rather than the Zoning Administrator. ~ Ordinance 220 Licensinl:. Permittinll and Establishinll Fees for Excavators - the insurance coverages in this ordinance will be checked to make sure they comply with state statutes. Other Business Mr. Carlberg reviewed the City Council on previous items from the Planning Commission, noting that the City Council generally agreed with the sketch plans of Hamilton Square and the Commercial Park; they approved a lot split/variance requested by Robert Dehn; and a Special Use Permit requested by Richard Synder was approved. Mr. Carlberg noted that the Metropolitan Council has approved the Comprehensive Plan amendment for Presbyterian Homes and it looks like the amendment for Chesterton Commons \vill also be approved. The Council also discussed the locations of day care centers as there are -l or 5 located on the same block in the Hills of Bunker Lake. '. / I Regular Andove:r Plan:1ing and Zoning Commission Meeting Minutes - March 25, 1997 \ Page ( , / ORDINANCE REVIEW - ORDINANCE NO. 32, PUBLIC SANITARY SEWER ( Mr. Johnson stated the Engineers and Public Works Depar~ment are reviewi ng this ordinancE::. The last update was in 19<36, and several changes a~e needed. He will br~ng those recommended changes back. OP.DINANCE REVIE~ - ORDIN.WCE NO. 33, PARKING ON CITY S':'REETS Mr. Johnson s=ated this ordinanc~ will be rewritten into the new format. No changes are being proposed by Sta=f. Mr. Carlberg noted the Council will hold a public hearing regarding the parking of boats and trailers at the Crooked Lake Elementary school beca;.\se of the conce~n with overuse of Crooked Lake. Some change to the ordinance may come about as a result of that hearing. The Commission noted consideration for no parki:-.g sh:JUld also then be g::.ven along B'Jnker Lake 3,::ulev.:lrd, the fr~~ta9~ ~cai a~d Ci~y S~~=cts fer ~~me distance fr~~ ~he lak~. ORDItl.;l,NCE REVIZW - ORDINAllCE NO. 34, NOXIOUS rlZEDS ORDINP_"lCE Mr. Johnson stated the ordinance wil: be renumbered. T~e las~ update '/Jas .i~:. 197(;, :Cut r.he cor:c.=,pt will remain the same. H"! :J.3.S received ordi~.2.:-.:.ces from oth~r ci')rr:.rnu:lit:.es to rcvi-=\'I,., ar:d Andc,,".=::r's ordinance is \.; l'",,~,=,.'it\......-~.,.... { J.n _L._ w_ " \_n=_~s. I. '* ORDI)lANCE REr.TE"N - OR!)ZN_~CE NO. .3 5 , REQUIRING LICENSES, PERMITS AND EST.\E::"ISHIllG FEES FOR EXCAVATORS Mr. vQ.'1nson stated no maj 0:;::' changes are p~oposed by the 3t:.ilding Of=icial. Commissioner Squires stated the insurance nee~ed for licenses should be reviewed, as the limits s~t in ~976 :nay no Jecnger be re3.s::~able. To some ex+:ent those limits were tied to Municipal liability tort li~its, which wi:l prebably be changed by the State. ORDINJ.;;CE 92, ADULT USES M~. Jchnscn reported the Ci~y Council has ask~d tha~ C=di~a~c~ 92, Uses, te ~lpdate.j and st~E~5~he~ed. Staff has ~ecelved 3 req:;;35~ etcult :!:1~ve:'tv ~'..:.sir:e::.s _~.. &"1c.ove::-. Th'~se !'e'lis:.~n:: '.vi.::" ;::'-0: direc~ly to the Ci=y Ccu~cil for ccnsideraci~n. Adul~ fG:: a:: goi:l; OTHER BUSINESS Mr. C~~lb~rg ~evi~w~d :t~ ~a~c~ :.=, ~~?7, xe~~'~~. ,"~ct 1.C:1S t_ 3. '<erl 01' C5 ;:,v (:C~.':!..:,.: 1. =<..... ~:;.e:.. ~- "~!07':Oli b"/" / - - ct 4: - '.;.- ~ S 1 s,:;:";:.::-oes, 8:::c~: ,...1.:-:: D"l (j3D'C;.C::~ I ::c ':;('::CLl~:.. :v! \ -; :-.: .~. (. .: ~ ~:~..... ~c:. : -.:j:-;s';;""_= : ;.ct ~'.-:-} I L~~::d::..::..:-:: , We:'ls ~ ~iC'L':;: . .i. ~: '"-:- :-.-:: -::: : 2-:l ,--; .'il3. .="3 -' . ac.:~i,;.C:-l-=\"':' ,:": ~ :...,:'; s:,,;~, ~~ ':;.-; ;,J'::-(.": :: .' . ==L}~~!':": r,,:,::. \ :,,1:; r ;.:.:: ~ l~.. .:\. ~.;;; ...',,::..';~, r.2(;"::': l:. ..:.:...:. . i. ~ ~-3-:.:',;:'-.-:: t: Ct~'1 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: May 6. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance No. 221 Repeal Ordinance No. 37 :->'1 CI . . Request The City Council is asked to approve Ordinance No. 221 - An Ordinance Adopting Individual Sewage Treatment Standards. The language in this ordinance was approved sometime last year by the City , \ Council, but for some reason was never published. / Please review and comment. , / , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 221 An Ordinance repealing Ordinance No. 37, adopted August 13, 1976; Ordinance No. 37A, adopted September 7,1976; Ordinance No. 37B, adopted September 19,1978; Ordinance No. 37C, adopted November 6,1990; and Ordinance No. 37D adopted May 28, 1993. AN ORDINANCE REGULATING THE INSTALLATION, CONSTRUCTION, ALTERATION, EXTENSION, REPAIR AND MAINTENANCE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS: REQUIRING PERMITS FOR AND LICENSING OF PERSONS ENGAGED IN THE CONSTRUCTION AND SERVICING THEREOF; PROVIDING FOR THE INSPECTION OF SUCH SYSTEMS, AND THE ABATEMENT OF NUISANCES; PROVIDING FOR THE INSPECTION OF PRIVATE WATER SYSTEMS, AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF IN THE CITY OF ANDOVER. The City Council of the City of Andover ordains as follows: J An Ordinance adopting Chapter 7080 Rules relating to individual sewage treatment systems program. Section 1. Adoption of Individual Sewage Treatment Standards (Chapter 7080). The City Council of the City of Andover hereby adopts "Individual Sewage Treatment Standards, Chapter 7080" as amended. Section 2, Required Upgrade. 7080.0060 subpA Required Upgrade ...owner must upgrade, replace, or discontinue use of the system within six months from notice of noncompliance. Section 3, Sewage Tanks. 7080.0130 Sewage Tanks Amend Table II # of BedroomsLiquid Capacity (gallons) , , / 3 or less 4 to 6 7 to 9 1250 1500 2000 ) Section 4, Final Treatment and Disposal. 7080.0170 Final Treatment and Disposal B. (3) Gravelless drainfield pipe Delete entire section Section 5, Maintenance, 7080.0175 Maintenance The City is divided into two areas for the purpose of biennial reporting by property owners. The area west of CSAH No.9 shall report on odd years and the area east of CSAH No.9 on even years, Each property owner shall complete the maintenance report of his on-site sewage disposal system and submit the form by September 1st of that year. The City requires that each property owner has his on-site sewage disposal system pumped as often as required by inspections, but no less frequently than every three years. Failure on the part of the property owner to have an on-site sewage disposal system cleaned when said system is found to require cleaning shall be cause for the City to provide for the cleaning service and provide the property owner with an advance notification of the date the system will \ be cleaned. The cost of this service shall be assessed to the property owner. J Section 6, Requirements for Local Ordinances. 7080.0305 Requirements for Local Ordinances subp.4 E. A provision that requires all lots created after January 23, 1996 shall have two (2) 5,000 square foot areas designated and staked for the primary and secondary on-site septic drainfield based on design criteria for a four (4) bedroom home. The designated drainfield locations as stated above shall comply with Chapter 7080 as amended. The location of the primary and secondary sites shall be indicated on the preliminary grading plan and the design specifications for the drainfields shall be submitted at the time of the submittal of the preliminary plat. Section 7. Licenses. 7080.0700 Licenses subp.1 J I. No person, firm or corporation shall design, evaluate, install, maintain, pump or inspect an individual sewage treatment system unless they are certified by the Minnesota Pollution Control Agency (MPCA) as an Individual Sewage Treatment System (ISTS) Professional. '\ / 2. No person, firm or corporation shall engage in the business of designing, evaluating, installing, pumping or inspecting such systems in the City without first obtaining a license from MPCA and present this to the city for verification. 3. Any installation, construction, alteration or repair of a sewage disposal system by a licensee in violation of any provision of this Ordinance or refusal on the part of a licensee to correct such defective work shall be cause for revocation of or refusal to renew a license. Said license may be revoked or its renewal refused. The licensee shall be given a hearing by the City Council to show cause why such license should not be revoked or refused. Notice of the time, place and purpose of such hearing shall be in writing. Section 8, Enforcement and Inspections. 7080.0900 Enforcement subp.6. Any person, firm, corporation or voluntary association which violates any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished as defined by state law. A. Enforcing Officer. The Building Official shall be responsible for the administration of this ordinance. , , J B. Issuance of Permits. No building permit for any building requiring an on-site disposal system shall be issued until the required on site disposal design has been completed by a Certified ISTS person. C. Inspection 1. The Building Official shall make such inspection or inspections as are necessary to determine compliance with this Ordinance. No part of a newly constructed system, or an existing system which has been altered, extended or repaired shall be covered until it has been inspected and approved by the Building Official. It shall be the responsibility of the applicant for the permit to give twenty four (24) hours prior notice to the Building Official that the job will be ready for inspection or reinspection. It shall be the duty of the owner or occupant of the property to give the Building Official free access to the property at reasonable times for the purpose of making such inspections. / 2. Ifupon inspection the Building Official discovers that any part of the system is not constructed or operating in accordance with the minimum standards provided in this Ordinance, he shall give the owner or applicant written notification describing the defects. Such notice shall prescribe a reasonable time within which such defect must be corrected. If, after such written notice is given, and the owner or applicant neglects or refuses to correct such defects or fails to make the system conform to this ordinance within the time specified in said notice, the City shall then repair the defective system. The City would acquire three bids from certified installers with the lowest bidder repairing the system. The cost shall be assessed against the property upon which the defective system is located. No system shall be placed or replaced in service until all ., / defects have been corrected or eliminated, and a reinspection has been made. The applicant shall pay an additional fee for each reinspection that is necessary. 3. Any system which allows septic tank effluent to percolate from the ground, contaminating ground or surface waters, or causing noxious odors, or which because of its operation or construction imperils the health, safety or welfare of the public, is declared to be a nuisance. Upon receipt of notice of noncompliance setting forth facts that a system constitutes a nuisance. The owner shall abate such nuisance within thirty (30) days. Upon the failure of such owner to abate said nuisance within the prescribed time. The city shall proceed to abate said nuisance as prescribed in Section C.2. 4. In addition to the specifications herein provided, the City may cause regular or periodic inspections of any or all systems within the City to insure that all systems are in proper operation and in compliance with this ordinance. It shall be the duty of the owner or occupant of property to give the inspector free access to the property at reasonable times for the purpose of making such inspections. If the owner does not give free access, the City may obtain a search warrant for the purpose of determining health or safety violations on private property. Section 9. Alternative and Experimental Systems. '\ / 7080.0910 Alternative and Experimental Systems No experimental or alternate systems except at city discretion. Section 10 Validity. In the event any word, phrase, sentence, clause or section is found to be in conflict with the provision of this ordinance, the most restrictive interpretation shall apply. Adopted by the City Council of the City of Andover this _ day of 1997. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria V olk, City Clerk / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ / DATE: May 6. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance Sununary Ordinance No. 222 Adult Use Businesses CI,!f. Request ) The City Council is asked to review and approve the attached ordinance summary of Ordinance No. 222 - An Ordinance Regulating the Location and Operation of Adult Use Businesses in the City of Andover. The City Council approved this ordinance at the April 1, 1997 meeting. In approving the summary, the Council must find that the publication of the title and sununary 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. 222 SUMMARY AN ORDINANCE REGULATING THE LOCATION AND OPERATION OF ADULT USE BUSINESSES IN THE CITY OF ANODVER. 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 J The City finds it necessary to adopt an ordinance that regulates the location and operation of adult use businesses in the City of Andover. 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: 1. Prevent additional criminal activity within the City. 2. Prevent deterioration of neighborhoods and its consequent adverse effect in real estate values of properties with the neighborhood. 3. Locate adult use businesses within certain areas of the City. 4. Prevent concentration of adult use businesses within certain areas of the City. 5. Define operational procedures (hours of operation, distribution and sale ofliquor, appropriate signage and required licenses). 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. J \ GENERAL PROVISIONS AND DEFINITIONS / Jurisdiction The provisions of this ordinance shall apply to the City of Andover. 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 time to inspect the premises for the purposes of enforcing this ordinance and all other applicable State laws. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the goveming 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 ofthis ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent ofthe 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 6th day of May, 1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor , / \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: May 6. 1997 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Comprehensive Plan Task Force ,;(1 Update John Hinzman, :::Jw\t' City Planner The Comprehensive Plan Task Force has held two meetings since its re-appointment in February. The following actions have taken place: . Work has been completed on a community survey to be randomly distributed to city residents in May, please see attached copy. I . A primary goal is to increase community involvement in the planning process. To help foster communication, a town meeting is scheduled for Thursday June 12, 1997 to discuss the direction of Andover in the next century. . Preliminary plans are to have a draft copy of the update completed for Council review in March, 1998. , I \ ./ 1997 COMMUNITY SURVEY CITY OF ANDOVER I......','.....,.,'.,.,..,.,...,., I~E..N.'.'.'.'.'.E..R ftl"ftM....'...MiIIN..'.....'.'.I'.'.ii'i~..'..I..E...'.'Sii'i1"N...SfHI,I...,..,..,.....,...,'.,...,..,.1 :..:..;.;..:..:..:.:.;.:.:.:.:.;.:::-:.:-:.:-:.:-:.:.:-:.:-:.:.:-:.:U :". MIiii:.:.::\iiii:U. . . ::-IiI:: ;;;1::;::1:::':.:.. _-:-W.".::I::: :\iI-: :..... ..................................:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.:.:-:.:.;.:_",",-_-_-.:.-.'.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:-:':<':0:';';-:';':':':':':':':':':':':':':':.,':':-:':':';':_:_;0:_:'_':",':':':':':':':':':':':':':':':':':':':':-:.:.;.:.: 1. How long have you lived in Andover? [ 1 0-1 year [ 1 1-3 years [ 1 3-5 years [ 1 5-10 years [ 1 10+ years 2. Where did you previously live? City State 3. How long do you expect to live in Andover? [ 1 Less than one year [ 1 1-3 years [l 6-10 years [ 1 3-5 years [lOver 10 years / 4. What do you like most and least about living in Andover? Rank you top 3 likes and dislikes with 1 being the highest and 3 being the lowest 3 Likes 3 Dislikes Location Rural character Safety Physical environment Quiet Police service Fire protection Cost of housing Schools Community image Access to Services Other/specify Other/specify 5. How many individuals are in your household? 6, What are the ages of people in your household, starting with the oldest? -'-'-'-'-'-'-'-'-'-'-'- . / 7. Do you [ lown or [ lrent your residence? \ / Andover Survey May, 1997 Page Two 8, What are the occupations of non-students in your household, and in which community do they work? Type of Occupation Community [ ] Professional [ ] Owner/manager [ ] Clerical [ ] Skilled trade [ ] Labor [ ] Retail sales [ ] Other [ ] Retired 9. Based on the following income ranges, please check the range which approximates the total pre-tax income of your household: [ ] Under $15,000 [ ] $15,001-30,000 [ ] $30,001-45,000 [ ] $45,001-60,000 ] $60,001-75,000 ] $75,001-90,000 10. Number of adults in your household who are employed: Full time Part time Retired [ ] $90,001+ Not Employed / II. Does your household require child daycare to accommodate the parents' working schedules? [ ] Yes. If yes, number of children [ ] No Type of provider: [ ] Home day care [ ] Facility based [ ] School district Community Community Which school? 12, Are you a single parent household? [ ] Yes [ ] No ........ --- -- ...........................-. ........................- - .... .................. '..,',",",',..,........---........,..,',',",',..,",',....,",...- ,.......,",',',",..,",','," """""""""""""""""""""',"",','""""""""""""""""""""""""""""""'e"""O"g""""'N"""""g""'IUI""'."I"""""[)""e'}L"'e'e"""C)"""'P""'M""""""e'.."N"""m"""',"""""""',"',""""""'"""',"',,",""""""',"""""""""""',",",""",",",'" .......................--. .................................- , - ..- ., ... . ..........,',.........,..............."',,',,..,....,..... " ........................................._..................................... - _., '._ ',' . " ",', .... ".' c._', '. . ,'_ -.,..........--._................................--.._.........................,..,. ;.....;.;.;.;.;.:.;.:.;.:.;.;.;.;.:.;.:.:.:...;.;...;.,',,',,..;.:-:.;.,.;...;.;,;.;.,.;...:...;.;...;...;.;.;.;.;.;...;".';':':-:'- :'.' '.' ',' - .':"-:':'.', ,", :'. -'-. , '" -'- .:-..:.,..:.:-..:."',,,:.:.:...;.:.:-.....':-.':...,:-:.,..:...:.,:-:-:-:.:-..:...,:.:.,....,.:.,'.....,:.......,.-..,.-:...:.,..:.,..:.,..:.,,',:: .................-...-..-.. ,.................................. ..- -.- " - -... ..,. . ",. -. . . -.,.... ...........................-.-.....................,. ::::::::::::;::::::::;:::;:::,::,::::,::::,::::,::,::,::::,:::::::;:'::::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::::::::::.-,.,',',',,'.:..".:.,::..:-.,--:--.,--.:..:-...:::::.,",',','..,::....:::--.--,-.-._,_.:.",::::::",.."",.:."",:__._-_:::..::::,::::::::,::,::::,:::::';::::::::';::::':::'::::,;::::',::,::,::::::::::::,::,::,::,::::::,:::-,:':-,:::':::-,:::',:::::::::::::-,:::::::-::-:':' Q~~~!iS~~~~9$~ml~gt~~tq~qt~~~lgml$4~y~jgl1~!ttgfb)n~~M~t~ ...... ..............____._... .................__...________... ...........____.______........ ....___ ........... . \3, As Andover continues to develop, which ofthe following types of development do you encourage or discourage? Please check a response for each type of development listed. I Single family homes Townhouses/condominiums Multiple family housing Senior housing Commercial/office Retail Manufactured home developments Low/moderate income seniors housing Low/moderate income family housing Industrial Other/specify Strongly Encourage I I I I I I I I I I I 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 4 Strongly Discourage 5 5 5 5 5 5 5 5 5 5 5 / Andover Survey May, 1997 Page Three 14, Would you be in favor ofthe City of Andover offering financial incentives to attract additional commercial and industrial enterprises? Yes No 15, Where does your household usually shop/go for the following? Groceries Building supplieslhardware Men's clothing Women's clothing Medical services Banking services Gasoline Entertainment Restaurants PharmacylDrugs 16, Approximately what percentage of your household purchases are made in Andover? _% 17. What additional shopping and service opportunities would you like to see available within the community? ) 18. How many times a month do you visit a public library? Which public library facility do you usually use? 19. Does your household have access to cable TV service? If yes, do you subscribe to the service? [ ] Yes [ ] Yes [ ] No [ ] No 20. Approximately how many miles do you and you spouse commute to work? _ you _ your spouse 21. Would you utilize a park and ride bus stop if one were constructed? [ ] Yes [ ] No 22, Do you feel that Andover residents have adequate opportunity for input into the zoning and land use decision process? [ ] Yes [ ] No [ ] Don'tKnow Ifno, please comment. 23. Has the city acted and planned to protect sensitive environmental areas within the community, such as wetlands? [ ] Yes [ ] No [ ] Don'tKnow Ifno, please comment. / Andover Survey May, 1997 Page Four 24, Should additional areas of the city be provided with water and/or sewer to accommodate development? [ ] Yes [ ] No [ ] Don'tKnow If yes, which general areas? Strongly Strongly Agree Disagree 25, No one has the right to tell landowners what they can and cannot do with their own land 2 3 4 5 26. Land use controls are very useful in achieving orderly growth of a city 2 3 4 5 27. Land use controls are a poor means of protecting natural resources 2 3 4 5 28, We need more land use controls in the City 2 3 4 5 29, Land use controls will make the town a better place to live 2 3 4 5 30. Land use controls would reduce conflict between land owners and the public 2 3 4 5 31. Land use controls will increase the value of my property 2 3 4 5 32, Most people will be harmed by land use controls 2 3 4 5 33. The community as a whole should share in the cost of infrastructure (roads, water, sewer, etc.) 2 3 4 5 ) . Neighborhood parks with play equipment and open spaces. . Community parks with facilities for organized outdoor sports, picnic areas and open spaces for passive recreation, including nature preserves. . Special use facilities ice arenas, swimming pools, and nature centers, The following questions concern the development and use of park and recreation facilities and services. 34. Please rank the importance of each of the following types offacilities as Andover continues to develop its park system. Neighborhood parks Community parks dedicated to active use (game fields) Community parks dedicated to passive use (nature areas) Swimming pool - outdoor Swimming pool - indoor Community recreation center (multi-purpose gym) Most Important I 2 I 2 I 2 I 2 I 2 I 2 Least Important 4 5 4 5 4 5 4 5 4 5 4 5 3 3 3 3 3 3 35, During the past year have any members of your household participated in an organized recreational activity which utilized a city park facility? [ ] Yes [ ] No If yes, through which organization? \ / Andover Survey May, 1997 Page Five 36. Excluding participation in organized activities, how many times during the past year have members of your household used the city parks? [ ] 0 times [] 1-5 times [] 6-20 times [ ] 21 + times 37. Which Andover city park do members of your household use most often? Name Location 38. How do members of your household usually get to the park? [ ] Walk [] Bike [] Drive [ ] Other 39, As the city continues to grow, it has the opportunity to develop a trail system as a recreation facility and as a way to connect neighborhoods with recreational and commercial facilities, As the city considers a community trail system, what type(s) of uses should be provided for? [ ] Walkers/joggers [] Bicycles [] Horses [] X-country skiing [ ] Rollerbladers 40, Do you favor the construction of sidewalks to serve residential areas? _ yes no 41. Do members of your household use recreation facilities provided in Bunker Hills Regional Park? [ ] Yes [ ] No If yes, which ones? [ ] Wave pool [ ] Nature center [ ] Golf [ ] Biking [ ] Picnic [ ] Activity Center [ ] Horses [ ] X-country skiing [ ] Camping [ ] Hiking 1F!lsl'l~jRljiIIIi 42. As a resident of Andover, your household is paying for the provision of public services within the community. Please rank your satisfaction with the following community services, with I being very satisfied and 5 being very unsatisfied. (Please rate each service listed.) Police service I 2 3 4 5 Fire department I 2 3 4 5 Street Maintenance I 2 3 4 5 Snow plowing I 2 3 4 5 City administration I 2 3 4 5 Recycling I 2 3 4 5 Traffic law enforcement I 2 3 4 5 Water & Sewer Service I 2 3 4 5 Mass Transit\Bus Lines I 2 3 4 5 Tree Preservation I 2 3 4 5 Other I 2 3 4 5 43, In implementing the following city codes and ordinances, do you think the city's enforcement is: \ Strict Fair lJ!x Strict Fair Lax Building code [ ] [ ] [ ] Trash and debris [ ] [ ] [ ] Animal control [ ] [ ] [ ] Unsightly lots [ ] [ ] [ ] Zoning ordinance [ [ ] [ ] Other [ ] [ ] [ ] Junk cars [ ] [ ] [ ] Andover Snrvey May, 1997 Page Six 44, Which of the following public safety issues is your greatest concern in Andover? (Check just one.) [ ] Burglary [] Juvenile delinquency [ ] Personal safety from violent crime [ ] Drugs [ ] Vandalism of property [ ] Traffic safety [ ] Other le::iMMII~1)IIMII~il 45, As a resident of Andover, which of the following words/phrases best reflects your image of Andover today? Please check 3, ranking not required. [ ] Typical suburb [ ] Bedroom community [ ] Good place to raise children [ ] Rural [ ] Safe [ ] Growing [ ] Friendly [ ] Well-planned ] Quiet ] Progressive ] Inconvenient ] Strong sense of community ] Weak sense of community ] Environmental problems ] Other ] Other 46, Where do you see Andover in ten years? Please check 3, ranking not required. [ ] Typical suburb [ ] Quiet [ ] Bedroom community [ ] Progressive [ ] Good place to raise children [ ] Inconvenient [ ] Rural [ ] Strong sense of community [ ] Safe [ ] Weak sense of community [ ] Growing [ ] Environmental problems [ ] Friendly [ ] Other [ ] Well-planned [ ] Other 47. What metro-area community would you like Andover to most resemble in the future? 48, What is one major improvement that would make Andover a better place to live? Thank you for your time and effort in completing this important survey!!!!! Please join us at 7:00 p.m. on Thursday, June 12 for the Andover Town Meeting to help guide the city into the next century. All residents of the City are encouraged to attend / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ -' DATE: May 6. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Special Use Permit Antenna in Excess of Thirty-Five (35) Feet 1717 Crosstown Boulevard NW Nextel Communications 30. The City Council is asked to review and approve the Special Use Permit request ofNextel Communications. Nextel Communications proposes to erect wireless communication antennas [3 OMNI (whip antennas) antennas] on top of the existing water tower on the property located at 1717 ) Crosstown Boulevard NW. The Planning and Zoning Commission reviewed this request at their April 22, 1997 meeting and recommends approval to the City Council (minutes attached). Please find attached a resolution for approval. " / '\ ) CITY OF ANDOVER REQUEST F,OR PLANNING COMMISSION ACTION April 22, 1997 DATE AGENDIG. AfNIr Hearine: S.U.P. Antenna in Excess of Thirty Five (35) Feet - 1717 Crosstown Blvd. N Nextel Communications ORIGINATING DEPARTMENT Planning Jeff Johnson APPROVED FOR AGENDA BY: BY: REOUEST The Planning and Zoning Commission is asked to hold a public hearing to review the request ofNextel Communications to erect wireless communication antennas on top of the existing water tower on the property located at 1717 Crosstown Boulevard NW, legally described as follows: Unplatted City of Andover, NE 1/4 of SE 1/4 Section 22-32-24 (Subject to Easement of RCPA 12/1/67) (Excluding W 330 Feet) (Subject to Easement to NSP 11/12/68) RCPA Easement Partially Released 5/22/72. APPLICABLE ORDINANCES '\ ) Ordinance No. 113 (Antennasffowers) Ordinance No. 113 regulates the construction and maintenance of private and commercial antennas and towers, and requires that a Special Use Permit be obtained prior to the construction of any antenna in excess of thirty-five (35) feet in height from ground level. The ordinance allows for antennas to be mounted on structures as long as the antennas do not extend over twenty-five (25) feet above the highest portion of the structure. The antennas do comply with all other provisions as mentioned in the ordinance. The applicant will be required to enter into a lease agreement with the City and comply with all other policies adopted by the City Council through the review process. Staff will be working with the City Council and City Attorney to review the lease agreement. Ordinance No. 8. Section 5,03 (Special Uses) Ordinance No.8, Section 5.03 regulates the Special Use Permit process. In reviewing this Special Use Permit request, the following criteria shall be considered: Page Two ) S.U.P. - Nextel Communications I. The effect on the proposed use on the health, safety, morals and general welfare of occupants of surrounding lands. 2. The effect on values of property and scenic views in the surrounding area. 3. Existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 4. The effect in regards to the Comprehensive Plan. GENERAL REVIEW (SEE ENCLOSED PRELIMINARY PLANS) Nextel Communications is proposing to erect wireless communications antennas (antenna height equal to approximately fifteen [15] feet) on top of the existing water tower (tower height equal to 169 feet from ground level) for a total height of 184 feet. / Nextel Communications will enter into a lease agreement with the City of Andover to lease approximately two hundred and forty (240) square feet inside the tower to store wireless communications equipment and lease a portion on top of the water tower in which whip antennas will be mounted. There will be three (3) OMNI (whip antennas) mounted to the guard rail on the top of the water tower. The leased are will be accessible (an existing paved road leads to the water tower). Nextel Communications as part of their lease agreement with the City will be required to: 1) Pay the City annual rent for leased space. 2) Be responsible for all maintenance (the tower shall be maintained in good state of repair). 3) Submit proper insurance. 4) Agree not to interfere with existing operations of the water tower or other communication devices or structures in the area. COMMISSION OPTIONS I. The Planning and Zoning Commission may approve the Special Use Permit requested by Nextel Communications to erect wireless communication antennas on top of the existing water tower on the property located at 1717 Crosstown Boulevard NW. / Page Three ) S.U.P. - Nextel Communications The Commission finds the request meets the criteria established in Ordinance No. 8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property values; and the use is in harmony with the Comprehensive Plan. The Commission also finds that the request meets the criteria established in Ordinance No. 113 and the height of the antennas do not exceed twenty-five (25) feet above the existing structure (water tower). 2. The Planning and Zoning Commission may deny the Special Use Permit requested by Nextel Communications to erect wireless communication antennas on top of the existing water tower on the property located at 1717 Crosstown Boulevard NW. , i / The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03 and Ordinance No. 113. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item. STAFF RECOMMENDATION TO PLANNING AND ZONING COMMISSION Staff recommends approval of said request. The Andover Review Committee will be working with the applicant through the commercial site plan review process to finalize the plans. Representatives from Nextel Communications (Chuck Johnson) will be present to address comments from the Commissioners and residents in regards to this matter. \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF NEXTEL COMMUNICATIONS FOR THE CONSTRUCTION OF THREE (3) WIRELESS COMMUNICATION ANTENNAS (ANTENNAS NOT TO EXCEED 25 FEET IN HEIGHT ABOVE THE HIGHEST PORTION OF THE EXISTING WATER TOWER) ON TOP OF THE EXISTING WATER TOWER LOCATED ON THE PROPERTY LOCA TED AT 1717 CROSSTOWN BOULEVARD NW, LEGALLY DESCRIBED AS UNPLATIED CITY OF ANDOVER, NE I/4 OF SE I/4 SECTION 22-32-24 (SUBJECT TO EASEMENT OF RCPA 12/I/67) (EXCLUDING W 330 FEET) (SUBJECT TO EASEMENT TO NSP 1 I/12/68) RCPA EASEMENT PARTIALLY RELEASED 5/22/72. WHEREAS, Nextel Communications requested a Special Use Permit to construct three (3) OMNI (whip) antennas on top of the existing water tower (antennas not to exceed 25 feet above the highest portion of the existing water tower) on the property located at 1717 Crosstown Boulevard NW, legally described as above; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 113 and Ordinance No.8, Section 5.03; and WHEREAS, the Planning and Zoning Commission fmds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and ) WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Nextel Communications to construct three (3) wireless communication antennas on top of the existing water tower on said property with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection by staff. 2. The Special Use Permit will be subject to a sunset clause as dermed in Ordinance No.8, Section 5.03(D). 3. The applicant shall enter into a lease agreement with the City of Andover. Lease agreement to be approved by the City Council and City Attorney. Adopted by the City Council of the City of Andover on this _ day of 1997. ATIEST: CITY OF ANDOVER j Victoria Volk, City Clerk J. E. McKelvey, Mayor \ ) SU 7 ISUI) ,%11'1 151$1 21)51 ,: .. 2P4G .. i 155U e :z 0: z e ~ i '5'1" ... ~ I~I ~ rS3/S i-2~ ~'!>r1 '=0 I5ZJZ. CM( "''''II "'It'Ll $,t\~ '~4\OO 5Uf ":/I~ I '" o t: ...' ~ .. -db-- / \ ..'." e. ..... '.' \, ) 1/~'1OOTH 8.EYAllON" . .. . . . ,. . ~ . . . ...-' ~ '" '.,:-~.. .:O~ .1 ,~ " ; ,~ 0';, 'i~ "':'~ 0 ~-;. ", (~), ClMlI NfTENNAS FV1\lIlE PNlEL Nfr. ) ," ANDOVER'" , / -, " '" I ~ \ , 1 \ \ \ ! i , I \ .; .; .; .; ,- ,- ,- ,- / / / / I I I I I I I I I I I I { { I I I _ i I- I \ \ ElECTRICAl PANELS \ \ \ \ \ \ \ \ \ \ \ , , , " , , , , , , " " " " \ ) , , , --- -- .; .... " "- " "- ..... ..... , ..... , , , " " , " \ \ \ \ \ \ \ \ \ \ \ \ FUlTED TOWER \ BAS[ \ \ ~ I I I I I I { { I I I I I I I I I I I / / / / / ,- ,- ,- ,/ ,/ ,/ .; -,-,/ ~ .; TEST MOBtLE ANT. 0 EXISTING PORTHOLE VERIfY LOCATION SEE DETAIL 5/A4 ~_.;.; \ -, J\~ I "// "-" 0' I -"'--./. I "// ............ 'Nt. '1l,' / ,JrrtL I' '/ ''''''1....'-. c"'St"'...., ,- .............. '-I I 'II /1FT LEASE I "~~ _ X' / ....-....""'--...J I II AAEA I ""'" NEXTa 'I I",~) I ~ {I', I , I I' "../ I' .. , IV POWER TO CtaNET . / TElCO RUN AT PERIIAETER Of' TOWER F'ROU EXISTlMG lINE TO CABINET ~ "- - -- -----_-J__----- I ~ TELCO TO TOWER BY OntER I '\ ) \, Nextel Communications 9401 James Avenue South. Suite 180 Bloomington. MN 55431 612703,7600 FAX 612 703-7690 ) NEm-- -- ---~ " ../ ....~ I ,~" .-..~ .', ....'..--- April 4, 1997 RECEIVED APR 071997 City of Andover Mr. Jeff Johnson Zoning Administrator 1685 Crosstown Blvd. N.W. Andover, MN 55304 CITY OF ANDOVER Dear Mr. Johnson: Regarding: Commercial site Plan Application as well as a Special Use Permit to construct an ESMR Cellular Telephone Antenoa facility by NEXTEL Communications. This letter accompanies the Architectural plans that detail the location of an ESMR Cellular telephone antenna and cell site at 1717 Crosstown Blvd. N.W., City of Andover. \ , / NEXTEL is one of the largest Specialized Mobile Radio (SMR) services in the United States. In 1993 NEXTEL was granted a license by the Federal Communications Commission to operate an Enhanced SMR or ESMR, in the Twin Cities market area. ESMR cellular is one of the newest emerging low-power wireless technologies that will compete with cellular and PCS companies. ESMR cellular will look, sound and work just like traditional cellular but will have the advantage of also being able to provide paging, fleet dispatch and data transmission all with one portable hand held phone. ESMR cellular is digital and can handle more calls per channel than the traditional cellular and transmits at a lower power. PROPOSED USE: NEXTEL is proposing to attach three OMNl antennas to the guard rail on top of the water tower. See the Architectural plans. The overall height of the structure and whip antennas will be 183 feet. The antennas will transmit and receive low power (50 watts ERP), radio signals. An unmanned pre-fabricated equipment shelter measuring approximately 6 feet by 10 feet by 6 feet high will be located inside the structure. I respectfully request that we be placed on the April 22nd planning commission meeting. I plan to attend the hearing to answer any questions or concerns the Commission or public may have. Sincerely, n ~ 2.~~r-- CJ/tb Enclosure: Architectural drawings ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. · ANDOVER. MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT Property Address 1717 rrn~~rnwn Rlvn ~nnnvpr. MN SS104 Legal Description of Property: (Fill in whichever is appropriate): Lot Ci ty Block Water Addition Tower (If metes and bounds, attach the complete legal description.) Is the property: Abstract or Torrens vlfC:? (This information must be provided and can be obtained rom the County. ) ----------------------------------------------------------------- PIN Reason for Request NRY'T'RT. ("nmmlln; ",;or; nn~ prnpn~p~ rn PrE:>r-t wi r~l ~ss communications antennas, Three OMNI antennas at a heiqht of 14' 7" . above the too of the tank, and 183' from the qround to the top of the / antQnn"~ NEXTEL, also plans to enter into a lease aqreement with the city of Andover to lease approximatelY 240 square feet off floor space in~;np thp towpr. nC" +-no ,...'1cd-l"'lmo.... n::::lC"o ;",...,.O:::tC::::!O~ t-no ()Ml\TT :::tnt-onn:::tc::::! will be r~placed wi~h panel antennas, Ei~ht total a~ a height of 8' above tany Sect10n of Ord1nance ~~rrent Zon1ng ----------------------------------------------------------------- Name of Applicant NRY'T'RT, rnmmlln;",;orinn~ TNr Address Q401 ,T"mp~ ~vpnllP Snllrn Sllirp lAO Rlnnmingtnn. MN SS4.1 Home Phone Business Phone 612-703-5913 Date 08/1,tJR 7'7 , ~D~~~______________________ Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date ----------------------------------------------------------------- It ('7 CM)+cW-1;Ivz-lW , ) SPECIAL USE PERMIT PAGE 2 'A A 1(.. ({\I (, (" It /,Sf!.., 5 n<- d foI'I fVV"' ,A;Nor;A crY The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and North arrow; dimension of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property . Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property Torrens property <it Z c( dJI-- Date Paid Receipt # 5/0lfC( ) 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. \ I 4. The effect of the proposed use on the Comprehensive Plan. NEXTEL'S SPECIAL USE PERMIT APPLICATION ) Unplatted City of Andover, NE 1/4/ ofSE 1/4 sECTION 22-32-24 (Subject fo Easement of RCPA 12/1/67) (Excluding W 330 Feet) (Subject to Easement ofNSP 11/12/68) RCPA Easement Partially Released 5/22/72. , ) '. I '\ CITY of ANDOVER J 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLICHEARING The Planning and Zoning. Commission of the City of Andover will hold a public hearing at 7:00 p.m. or as soon thereafter as can be heard, on Tuesday April 22, 1997 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Special Use Permit request ofNextel Communications to erect wireless communications antennas(tbree {3} OMNI antennas, at a height of 14 feet - 7 inches above the top of the existing water tower (water tower height equal to 169 feet in height) for a total height from ground level equal to 183 feet -7 inches on the property located at 1717 Crosstown Boulevard NW, legally described as follows: J Unplatted City of Andover, NE 1/4 of SE 1/4 Section 22-32-24 (Subject to RCP A 1211/67) (Excluding West 330 Feet) (Subject to Easement to NSP 11/12/68) RCP A Easement Partially Released 5/22/72. 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. ~/4 Victoria V olk, City Clerk Publication Dates: April 11, 1997 April 18, 1997 " j \ ANOKA COUNTY G.I.S. , J 2100 3RD AVENUE ANOKA, MN 55303 OFFICE: 6121422-7508 FAX: 6121422-7508 PIN = Parcel Identification Number 27-AUfr96 PIN: 223224140004 PIN: 223224140008 PIN: 223224410001 PIN: 223224410002 PIN: 223224420002 " J PIN: 223224420003 PIN: 223224430002 PIN: 223224440002 STEFFENSEN CURTIS J & JANICE C 15461 NIGHTINGALE ST NW ANDOVER MN 55304 AN HENN IND SCHOOL DIST NO 11 11299 HANSON BLVD NW COON RAPIDS MN 55433 GROW CI1Y OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 GROW CI1Y OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 SLYZUK KENNETH L & MARY A 15211 NIGHTINGALE ST NW ANDOVER MN 55304 THOMPSON LAROLD E & G M 1813 CROSSTOWN BLVD NW ANDOVER MN 55304 LAPrUTA WALTER & ROSEMARY 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 LOCHER LANDOL J & PATRICIA 15451 NOWTHEN BD ANOKA MN 55304 PIN: 223224440004 PIN: 233224230002 PIN: 233224320002 \ ANOKA HENN IND SCHOOL DIST # 11 11299 NW HANSON BLVD COON RAPIDS MN 55433 WINDSCHITL GERALD G & CAROL A 3640 I52ND LN NW ANDOVER MN 55304 HAMILTON LORA G 6615 HWY 10 NW ANDOVER MN 55304 / 1 , / PIN: 233224320006 HOLASEK WINSLOW I 1159 ANDOVER BLVD NW ANDOVER MN 55304 HOLASEK WINSLOW I 1159 ANDOVER BLVD NW ANDOVER MN 55304 , I PIN: 233224330002 '\ ;' 2 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: May 6 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Quotes/Refrigerator/Sunshine Park ...3/. Todd Haas, ~ Engineering The City Council is requested to approve the quotes for the purchase of a refrigerator for Sunshine Park, The following quotes were received over the phone for a refrigerator for Sunshine Park. Company Quote Amount Superior Products $2,077.82 (includes tax and freight) AA Equipment $2,161.90 (includes tax and freight) \ J Note: This item will be paid for from park dedication funds. Funds received from concessions will reimburse the park dedication for this item, ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: May 6. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Planning ITEM NO. Approve Final Plat/Crown Pointe East Second Addition ,3,.:l. David L. Carlberg Community Development Director The City Council is requested to approve the resolution approving the final plat for the Crown Pointe East Second Addition development project. The final plat is found to be in compliance with the preliminary plat. It is recommended that the final plat be approved subject to the following stipulations: 1. City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of this site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots J and streets are graded according to the grading plan submitted and approved or any revisions thereof. 4. Street light costs to be paid to Anoka Electric Cooperative, Costs to be determined by Anoka Electric Cooperative, 5. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary, 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. The dedication will be a combination of cash and land. Note: The variances were approved as part of the approval of the preliminary plat. \ , / J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 146-96 MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF CROWN POINTE EAST SECOND ADDITION ,AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, IN SECTION 25-32-24. WHEREAS, the City Council approved the preliminary plat of Crown Pointe East Second Addition; and WHEREAS, the Developer has presented the final plat of Crown Pointe East Second Addition' and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Crown Pointe East Second Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. The dedication will be a combination of cash and land. 9. Variance from Ordinance 10, Section 9.02 C to allow the existing driveway to remain on Prairie Road (Lot 16, Block 4). This section of the ordinance states that preliminary plats shall not approved wherein lots front on the right -of-way of collector streets (Prairie Road). 10. Variance from Ordinance No.8, Section 6.02 to allow the existing house on Lot 16, Block 4 to encroach 9.7 feet into the required 25 foot sideyard setback from Prairie Road, \, / " , / \ ) 11. A minimum of a 440 sJ. garage shall be constructed for the existing house on Lot 16, Block 4. 12. A curb cut shall be constructed for Lot 16, Block 4 on 142nd Avenue NWand the existing driveway on Prairie Road shall be located a minimum of 60 feet from the intersection of Prairie Road and 142nd Avenue NW. A driveway turnaround shall also be constructed so the owner does not back out onto Prairie Road. Adopted by the City Council of the City of Andover this ~ day of May, 19~. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk j \ ) 0 -. .'::',h'i:j,.i!j_,:'" ..::"';:i.i_ ", ,.'< ...... """""', t.,-';"' ' 5=";! aCll CD a III O;;! O"s n ga:cr fip:1 ~;;I aUl > Q.,5" ~0.:I: ~ , :<0 o-~ g ~ 0-< 0 ,,~O "0'" " c;) ~ ~'" c> Cl e: to g:ct~g>;l ~" z o ' "' 0'" " ~ z-< " ~ ~s.g .ga.a a~~ ~ ~ :<'" ,. ~~Cl~S. ."", ~t; aD 0 " ~>~ ~ ,,~ -.::J LO Z o ~ 0 " ~ 3'CD ~ ~o~i"O ~~> 00. ~~ ,,'" 0'" 0 ~ ?~5" z 32. " ~ o ~~ :-+>U1 0 ~r '" ."", 3 -goo. 3 ~!;:l. ~or ,,~ o-~ 0" ~ ~a.-c -,~ Ul ,,'" Z 0 ~~ ~ s:1~ F=2 0 "'~ " ". a"'" -< _0 c 5' z ~ ,,~ ~ DO'" ,,3 > ~~ '" ~ 0." ~ ~ ~ '" S"(I):;U 0 ~ " ~ Ul C ~ a.ti~ ~ ~ ~ 0.2" 0 2- c CD .., ;0 0 ::r ~ " ~g :::(1) ~ ~ ,,0 ;;! !:!:2:3 :i'.g~ o:~ 60: "3 > ~O'1ll oa.::rcn ~ 0 -g> g~ 0 '" ~~ _ ~ 0 S=3~ " a a C ~~ ~ ~ ~~ ~ 00 ::JCIlOg:: .. ~ ~ " 0 a ~ IO:J~~ a 0 00' o~ -" ~-g g- ~~~ ~o 3~ "a ",a ...... 0 ......<t "" o ~ ~::E~~ ca'" ~ '" 0"- "," 3 0- ~ a 0 ./ ~o "Co :-,3 CD == c :c:c=o "'au> a:~ 30 a ~o< .!t-a I'T1 ~ ~~ 0"- " fE a:; g 9..a;g " " "'c.. Z >"- . 0 a o afci ~oo;:1. "'"' ~o :,-~ " )>~rn ,,~ "C ~ 0. _C_CD 0'''- I 3 c ~ 0. (JI 0' 0 if:;g~ 5~ ~ ~"- ~o- \, ~ 0-'" " ,,~ " o.~ " 0 "',.ov ,. : '....:,. - of,~' ;; ~l,~,:". . -; .,.~ " ";"~. " F~ r\ 'U " ;:) r\ , " ~ ,- '-' v vv " ,- ^ C' ~ , v I " , c_ ..L_ n ...) , /' ......... / / ~ - S 00031'58" W 1434.86 f - W8.2. ~--02o.25V~ '" ~ --483.91-- ... ~ - , , - '~.:H - ~rz - ~. ~ NIllI'3l'ii!"r i)::! '" ~i '" ~~~ ('1 ,,~~ 0> '" ~j ill '" ;~, ~ ~ ~ ... ." " .. ..'S~ 0 . "," '" 4" ~ () '" ;IJ 0 ::::lJ 61 -\' <>> 9' Z 0 .~ 0 gt- <- ,f 0 <: " l~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: May 6. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Purchase Tax Forfeit Land 1.3 . Todd Haas, ~ Engineering The City Council is requested to consider acquiring certain properties that have gone tax forfeit. The parcel PIN No. is 13-32-25-44-0018. Attached is a map showing the location. It is recommended to acquire the parcel as road right-of-way as the existing 159th Avenue NW currently is located within the parcel. In discussions with Anoka County, the cost to acquire the parcel will be approximately $40. , ) .' I' 1'--, Z' /w, i I>; ~:.?t!J"r6; /f' Pj,/. ~r;,'tr? ./ 66"'~ /? "';",y....... -- I I ... , ~ , I (f) (~) , \ P""~e L, K6-lr I I I #." .<2. """ ~ , t:._._ RUM ~ ~ #15 ~~ -s:" ESTATES I I 46~ .'<f .!S! < l . ~ '1 ,~ '''' : .' I -.ul'f,;.'.r-j - -, I , , ..' I _ i........""~'-' r,. M ) -' I ~ /-,'-1 ~h ~k-"/'''h<'e AI. IlL., ,. I 'I I I I , I -'- / ~ (It) ')T A 1 ,.-' I - . I I /-,\ / , ), ,'f&,) :., , \ , '1. -' I. , I'" - hP/ T .4'k'l's/~e ',' (t;) --- SZTS1 M (/4) I .1' ,,4/ ,.,.; 'JM_,~t .>e..U (2) ,--....", ,") "! \ , , / ."~' ,~. ~,';'~ , ) .. ,a. : :' COUNTY OF ANOKA DIVISION OF PROPERTY RECORDS AND TAXATION Edward M. Treska, Division Manager GOVERNMENT CENTER. 2100 3RD AVENUE. ANOKA, MN 55303 RECEIVED APR 21 1997 CITY OF ANDOVER April 18, 1997 Mr. Richard Fursman, Administrator City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Dear Mr. Fursman: The city has indicated to Land Commissioner, Gene Rafferty, an interest in acquiring certain properties that have gone tax forfeit. Please review the parcels listed below and notify our office if you are still interested in acquiring any of these for specific or non-specific use. / 13 32 25 44 0018 Enclosed is the new application form for acquiring tax forfeit property for a specific public purpose and the instructions for completing the form. Please complete two copies of this form and submit to our office along with a certified copy of the resolution passed by the city council if you wish to acquire any of the listed properties for specific use. Applications for non- specific use can be obtained by contacting our office and these properties will be, sold at the appraised value. If you have any questions, please contact me at 323- 5443 or Gene Rafferty at 323-5427. Sincerely, ~~~ Sharon Kosnopfal Delinquent Tax Specialist / Affirmative Action I Equal Opportunity Employer CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: May 6. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Administration Richard Fursman ITEM NO. ::!Jl/. "Internship" Administration will begin the process of searching for an Administrative intern for six rnonths beginning sometime in late Mayor June, unless otherwise directed. Background: The council approved a six month internship for a student interested in the field of city adrninistrator during the 1997 budget process. The internship program is designed to provide the City with quality, low cost assistance in exchange for a positive learning experience. Some of the administrative assignments for the intern will include: \, ) 1. 1998 Budget assistance 2, Various research projects 3. Economic development 4. Personnel policy modifications (employee recognition, national conferences etc.) 5. Council meeting assistance 6. Coordinate fall town meeting 7. Other projects as directed. The ideal internship program is demonstrated when a mutually beneficial relationship is established. The individual hired is expected to take a number of important assignments and provide quality assistance. In turn, the City is obliged to provide an en environment which enriches the individuals understanding of how local government operates. Priority for the internship will be for a local student. , , j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: May 6. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion ITEM NO. Order Public Hearing No-Wake Ordinance (Rum River) ~. The City Council is asked to order a Public Hearing for the consideration of a new ordinance (An Ordinance Regulating the Operation of Watercraft on the Rum River) which will be held at the Planning and Zoning Commission meeting on Tuesday May 27,1997. \ J J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: May 6. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson~l Engineering ITEM NO. .3 iler Plans & Specs/96-15/Public Works Expansion The City Council is requested to approve the resolution ordering the improvement of the following items for Project 96-15, Public Works Expansion. BID PACKAGE #1 Division 3: Precast concrete wall panels Division 5: Structural steel Steel joints Steel roof deck / BID PACKAGE #2 Division 2: Site Work Division 3: Concrete Division 4: Masonry Division 5: Miscellaneous Metals Division 6: Wood & Plastics Division 7: Thermal & Moisture Protection Division 8: Doors & Windows Division 9: Finishes Division 10: Specialties Division 15: Mechanical Division 16: Electrical \ J 'I J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PUBLIC WORKS EXPANSION FOR PROJECT NO. 96-15 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR THE FOllOWING ITEMS: BID PACKAGE #1 Division 3: Precast concrete wall panels Division 5: Structural steel Steel joints Steel roof deck \ ) BID PACKAGE #2 Division 2: Site Work Division 3: Concrete Division 4: Masonry Division 5: Steel Erection Miscellaneous Metals Division 6: Wood & Plastics Division 7: Thermal & Moisture Protection Division 8: Doors & Windows Division 9: Finishes Division 10: Specialties Division 15: Mechanical Division 16: Electrical NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 96-15 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson. Inc. as the project manager and _ lHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this -2llL day of May ,19 97 , with Councilmembers in favor of the resolution, and Councilmembers ) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER voting ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: May 6. 1997 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Scott Erickson,~S Engineering ITEM NO. Approve Plans & Specs/96-15/Public Works Expansion :!J '1. The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for the following items for Project 96-15, Public Works Expansion. \ , / BID PACKAGE #1 Division 3: Precast concrete wall panels Division 5: Structural steel Steel joints Steel roof deck 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, 96-15 , FOR PUBLIC WORKS EXPANSION FOR THE FOllOWING ITEMS: BID PACKAGE #1 Division 3: Precast concrete wall panels Division 5: Structural steel Steel joints Steel roof deck WHEREAS, pursuant to Resolution No. -97, adopted by the City Council on the 6th day of May, 19-9.L, Adolfson & Peterson. Inc. as the project manager and lHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 96-15 for flooring. ) WHEREAS, such final plans and specifications were presented to the City Council for their review on ~ day of May , 19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications, BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM , May 15.1997 ,19 97 at the Andover City Hall, MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this ~ day of May ,19 97 , with Councilmembers voting in favor of the resolution, and Councilmembers _ voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: May 6. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,~<. Engineering ITEM NO. Award Bid/94-33C/Contaminated Soil & Debris Removal -7 if w r)_ The City Council is requested to approve the resolution accepting bids and awarding contract to Superior Spec, Service in the amount of $138,375.75 for Project 94-33C, Commercial Boulevard NW Extension for contaminated soil and debris removal. The bids received are as follows: Contractor ; Superior Spec. Service Belair Excavating F.M. Frattalone Landwehr Construction Remediation GNB Enviro Services Dynex Ceres ConTeck Enviro Bid Amount $138,375.75 $169,051.20 $199,362.80 $205,846.20 $234,125.55 $242,248.40 $262,856.82 $270,761.33 $271,428,00 \ , / , / 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. 94-33C FOR COMMERCIAL BOULEVARD NW EXTENSION, WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 076-97 , dated April 1, 1997, bids were received, opened and tabulated according to law with results as follows: Superior Spec. Service Belair Excavating F.M. Frattalone $138,375.75 $169,051.20 $199,362.80 ) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Superior Spec. Service as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Superior Spec, Service in the amount of $138 375,75 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 6th day of May ,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 , PROJECT: " JOWNER: BID TABULATION Commerical Blvd. City of Andover DATE: May 2,1997 FILE: 11370 PLANHOLDER BID BOND AMOUNT COMMENTS Spencer Pierce 2100-3rd Ave. Anoka, Minnesota 55303 Belair Excavating / b 'l. tJS/.d 0 (j) / 2200 Old Highway 8 S '7.1 / New Brighton, Minnesota 55112 Matthew Drainage 12897 Falcon Ave. Glencoe, Minnesota 55336 JME of Monticello P.O. Box 477 Monticello, Minnesota 55362 Dynex C?j7 tv? 8'Sr:,~.2 .,/ '4751 Mustang Circle o '}"tl JSt. Paul, Minnesota 55112 ~6) ConTeck Enviro. cJ 1 ~ .<j,~ g; oc ....,-/ 22460 Highway 169 NW .::,-~ Elk River, Minnesota 55330 @@ Carl Bolander & Sons 251 Starkey Street St. Paul, Minnesota 55107 Bay West Inc. 5 Empire Dr. St. Paul, Minnesota 55103 Zervas Ind. Pet. 5704 Miller Truck Highway Duluth, Minnesota 55811 Landwehr Construction S~ c90~ gt//., aO ./ P.O. Box 1086 0) '3t. Cloud, Minnesota 56302 ( e:lmam:\fonns\btandov PROJECT: /OWNER: BID TABULATION Commerical Blvd. City of Andover DATE: May 2, 1997 FILE: 11370 PLANHOLDER BID BOND AMOUNT COMMENTS' F.M. Frattalone l;Cl?;3~~;80 2)/ 3066 Spruce Street -- b~-;r S/'O St. Paul, Minnesota 55117 Remediation s% i133j5'f";: J:5 Ci)@ 501 N. Penn Independence, KS 67031 'Z.3 4-1 \,2..5. 5'5 ;:::./ Brooklyn Trucking Company 8812 Zachary Lane Osseo, Minnesota 55369 Superior Spec. Service / 381 3 ;~s. ;'...) --- 100 W. Larsen Dr. -jJ fi) / -5 Fond du Lac, WI 54937 Ceres -n ...., r1r. /7 '/:2 ~f< 3825-85th Ave. N. 5,/3 lv' ;1./) . ; ,..... / / . 2.. (Q) "1,33 ~ SUite 101 Brooklyn Park, Minnesota 55443 Glenn Rehbein Excavating 8651 Naples Street NE Blaine, Minnesota 55449 GNB Enviro Services s% cJl/~d(~, 7"'Cl /' P.O. Box 64100 ~ St. Paul, Minnesota 55164 Service Enviromental Engineering 2325 Endicott Street St. Paul, Minnesota 55114 Post-it. Fax Note 7671 Dale S /'Z.../ Itagks~ 'Z.. To 9E."-"- ~/ From JE~~ E. Co.lDepl. (Y\ ~~ Co, Phone # Phone # Fax# 47(..- g SJ,- Fax # r I I I e:\mam:\fonnslbtand2 , , , McCombs Frank Roos Associates,lnc. 15050 23rt1 Aveooe Nor1I1. Plymouth, Minnesota 55447-4739 Telephone 6121476-6010 612/476-8532 FAX Engineers PJa'lllers Surveyors \ '-'_/ May 2, 1997 " Honorable Mayor and Members of the City Council City of Andover 1685 Crosstoml Boulevard Northwest Andover. Minnesota 55304 SlJBJECT: City of Andover Commercial Boulevard Northwest Contaminated Soil and Debris Removal Project City Project No. 94-33B MFRA #11370 Dear Mayor and Councilmembers: \ On Friday, May 2, 1997, bids were received and opened for the Contaminated Soil and Debris Removal Project OD. Commercial Boulevard Northwest. A total of nine bids were received, ranging from $138,375.75 to $271,428.00. The following are the four low bidders and their bid: , Sup~orSpec.Senrice Belair Excavating F.M. Frattalone Landwehr Construction $ 138,375.75 $ 169,051.20 $ 199,362.80 $ 205,846,20 Based on their satisfactory perfonnance on similar projects and the merit of their low bid, it is our recommendation the contract for this project be awarded to Superior Spec. SeIVice, If you have any questions Or need additional information, please contact me. Very tro!y yours, McCOMBS FRANK ROOS ASSOCIATES, INC. 4~~ " / JJR:pry Enclosure C:\Il1ain:U 13 70\bidltS-2 Ail Equal Opportunity Emp10ver ZI~'d [SE~ 'ON ~Da XNVaA SjNOJJN , NdtE:~ L36! 'Z '~ew , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Mav 6. 1997 AGENDA SECTION Approval of Claims (revised) ORIGINATING DEPARTMENT Finance ~~ Jean D. McGann lITEM NO. Schedule of Bills REQUEST: The Andover City Council is requested to approve total claims in the amount of $565.436.69. BACKGROUND: Claims totaling $ 22.828.05 on disbursement edit list #1 dated 04-28-97 have been issued and released. Claims totaling $ 70.610.60 on disbursement edit list #2 dated 04-29-97 have been issued and released. Claims totaling $355.939.29 on disbursement edit list #3 dated 05-06-97 will be issued and released upon. Council approval. Debt service payments in the amount of $116.058.75 for principal and interest on the 1994B Tax Increment Bond payable. Date: 05-06-97 Approved By: DATE May 6 1997 ITEMS GIVEN TOTHECITY COUNCIL · Special City Council/Park & Recreation Commission Minutes - April 8, 1997 . Board of Equalization - April 10, 1997 . City Council Minutes - April 15, 1997 · Economic Development Authority Minutes - April 15, 1997 . Special Closed City Council Minutes - April 15, 1997 . Special City Council Minutes - April 15, 1997 . Park and Recreation Commission Minutes - April 17, 1997 . Planning and Zoning Commission Minutes - April 22, 1997 · Comprehensive Plan Task Force Minutes - April 24, 1997 . North Metro Mayors Assoc. . My Thanks Card . Ordinances . NWACCC Citizens' Survey . Letter from Jim Finkowski . Preliminary Plat - Echo Hills 2nd Addition . Preliminary Plat - Nightingale Preserve . Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUTTHEM ON THE NEXT AGENDA. THANK YOU. ~ C.C. Mt~ S-f(.(97 North Metro Mayors Association principles for state Land Use Impacts On Infrastructure, Schools And Environment NMMA Board of Directors Adopted on April 16, 1997 The State of Minnesota should establish a policy on the compact, efficient, orderly, development and re-development of land that: 1) Contains new residential, industrial and commercial development in incorporated cities, and only where actually served by organized water and sewer service meeting PCA criteria. 2) Implements such containment developing incentive and disincentive policies and/or by requiring a minimum of 40+ acres per dwelling unit for development beyond incorporated cities. 3) Minimizes mandates on local governments to engage expensive experts and processes. That is, the State either: . draws the lines or . sets the criteria for such cities as identified in #1 4) Recognizes that the State must establish, through actual substantive regulations, adopted in partnership with cities and other affected parties, how and under what circumstances development may occur. 5) Reviews and uses best practices found in Minnesota, other states and countries so as to accurately predict the impacts of regulations on development. This would be accomplished by a commission/task force studying the issue and reviewing past practices, available studies and information from all other pertinent resources. The intended purpose would be to identify predictable outcomes and true costs of development based on the implementation of a statewide comprehensive land use policy, 6) Development of vacant land should capture its true public costs for infrastructure needs, e,g., schools, highways, treatment plants through impact fees on development. *Re-development refers not only to razing an existing structure, but also renovation and rehabilitation, Adopted by NMMA Board of Directors 4-16-97 U:\NMMA \LEG.GENL \LAND-USElLANDUSE,DOC Last Update: 4/18/97 North Metro Mayors Association Basic Tax Reform principles NMMA Board of Directors Adopted on April 16, 1997 The 1997 Legislature is in the process of considering various tax reform proposals. The North Metro Mayors Association recalls historical tax reform efforts and hopes to avoid some of the negative impacts experienced by local government: . The pre-1967 environment found local units of government sharing in the State's cigarette and liquor tax. . In 1967 this tax was modified to include a share of the sales tax. . In 1971 local governmental aids, fiscal disparities and levy limits became law. . In 1991 the Trust Fund was established and lasted just a couple of years. . Currently cities are receiving approximately 20 percent of all property taxes collected. Member cities are concerned that they will be used as the vehicle to raise the necessary funds to accomplish tax reform across the state. The North Metro Mayors Association sets forth herein several basic principles that it believes are essential in order to achieve a well balanced tax reform package this year: " 1. State-wide education costs need to be taken off of the property tax payer. Accountability, however, needs to be designed and incorporated into any reform package. 2. The revenue streams of fiscal disparities and local government aids need to be maintained. This is particularly true for community like Robbinsdale, Crystal and Columbia Heights that depend on these sources of revenue for more than fifty percent of their respective general fund expenditures. These revenue streams should not be allowed to be diminished inadvertently as the result of property tax classification changes. 3. Tax Increment Financing as a redevelopment tool should be preserved. 4. Levy limitations have not worked in the past and should not be imposed now. 5. Even with tax reform, cities will still be faced with the most regressive and most unreliable source of funding (i.e., the property tax). This will be especially true for older cities with low, flat or slow grow tax base. 6. Cities should not be required to have referendums for raising revenue to meet general fund operating requirements. 7. Cities should not be mandated unless there are state funds made specifically available to implement such mandate(s). North Metro Mayors Association recognizes that education costs should be removed from the property tax and paid for out of general funds. The method used to achieve this objective should however, be structured in a way that allows local units of government to continue to deliver services that citizens want and desire in an accountable manner. The facts are clear, many cities' throughout the state are property tax base poor. But for the fact of fiscal disparities (metro area) and local governmental aids (state wide), these cities would not be able to deliver services or stimulate economic development without dramatically increasing property taxes. The North Metro Mayors Association is unified in its support on these basic tax reform principles, and calls on its elected delegation to support this position. 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DADS from B1 Vorthern suburbs to benefit -rom summer road projects Oepartment officials acknowl- ged Ihat this summer's empha. ; would he nn- the northern sub. bs. following several years in lich the metro area's major ad projects included work on terstate Hwy. 35W in Minne. IOlis and its southern suburbs; e new Bloomington Ferry idge and the Shakopee bypass. :!eling neglected' "The north side of the metro is ling to some allention. [ think ey've felt neglected," said Don- I Lindberg, a department 'okeswoman. "The south is not e only important community." Another project for the north. n suburbs - and one surely to ,use traffic headaches - will ~gin July 7 when 1:35W through lse\'iIle and New Brighton is ~s('d at night for resurfacing and shoulder widening. The in. terstate will he closed froll1 9 p,m. to 5:30 a.m.. Sunday through Thursday, through most of July and August. The department also an. nounced new projects for the southern and western suburbs. including a major reworking of the Interstate Hwy. 494 and Hwy. 169 interchange near where Bloomington meets Edina. That project is likely to cause signifi- cant delays when all ramps at the interchange are closed for 30 days. probably in September and October. But the Hwy, 10 project and the first phase of Hwy. 610 ac. count for roughly 43 percent of the $124 million in construction money for new metro projects this summer. One other new pro- , ject, which has already begun and carries a $7,8 million price tag. will replace the deck on the Hwy. 169 bridge over the Mississippi River between Champlin and Anoka. "That temporary bridge has been up [fori ... years." Mark Freeburg, an Anoka City Council member. said of the Hwv, [69 bridge. "We definitely feel like we've come out on the short end . . . as far as road improvements." The earlv studies for the new IIwy. [0 an'd 610. especially east of the Mississippi, date to the 1950s. Local officials said the north. ern suburbs. despite having near- ly as many residents as the south. ern suburbs, were never able to speed up the timetables for their projects. Finally, relief "We have pressed that issue for so long," said Elwyn Tinklen. berg, the former Blaine mayor and president of the North Metro Crossing Coalition. a highway lobbying group. "There is relief . . . finally that things are going to .' happen on the north side." He said that whil~ the projects were welcomed, m(!l:e needed to be done because. with the taetro area's increasing growth. "we are getting dangerously behind in our investment in our highways and our transportation system." Department officials said the summer construction season would include a new emphasis on fines for speeding motorjsts in work zones. In the past five years in Min- nesota. 60 people - mostly mo- torists - have died in work-zone accidents and another 5,900 peo. pie have been injured. While the average fine for driv- ing 20 miles per hour over the speed limit in the metro area is $80, officials said. it will double to $160 in metro work zones. "It's. , , pretty scary," said An- drew Brown. a department spokesman. "There's some pretty big equipment in these work zones. . . (and motorists] are the ones that are dying in those work zones. " r "~ ,,<.' ...., .' 0-' ~ ::s ~ f!fl - ,"--;..... ~~~.~~~_~:.:::_~-::_:-'~~_...____ _ ._.o..:._~.., ----~-- ':--_... . - . ~, '{ 10 ~ ~ ~,~- ~ ~ ~ \, ~ ' ,,, .. '-I \. 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A total of 23,500 surveys were distributed via U.S. Mail and were included in the City of Anoka newsletter, the Ramsey Resident newsletter, and the Andover Times. Other copies of the survey were distributed through free pickup at grocery stores, city halls and the like. The pUTpose of the survey was to ascertain citizens' perceptions of the NW ACCC effort to promote healthy communities by reducing and preventing risk behavior particularly among youth. As of April 15, 1997,427 completed surveys were returned, at a return rate of 1.81 %. Citizens' awareness of the five core values identified hy School District #11 (Respect, Compassion, Integrity and Appreciation of Diversity) was also gauged. The findings and conclusions of the survey will he shared in the Anoka County Union along with an article. The basic findings and conclusions are as follows: 1. There was a very even distribution of respondents from the three communities of Anoka, Andover and Ramsey. 153 surveys were returned from Anoka citizens 123 from Andover 146 from Ramsey 5 from other cornrnunities 427 2. There was an average awareness of the core values of respect, responsibility, compassion, integrity and appreciation of diversity as identified by School District 11. Most responded that they were "somewhat awaTe" that the district had identified these specific core values for program efforts. 3. Most respondents were of the opinion that all of these core values should be addressed in Consortium program efforts. 4. Most respondents selected alcohol binge drinking, illicit drug use and depression/suicide among young people as the most important basic concerns to address. . 5. The majority of respondents reported they have made an effort to explain, rnodel and promote these basic core values in their own families. GENERAL Most of the respondents did expTess their concerns through written comments. These included calls for healthy activities for young people to involve themselves, the need for faith communities/churches to be involved in the effort, and the need for parent or adult supervision at all times. A community-wide effort to achieve these goals was also emphasized. Tobacco use was frequently expressed as a concern as well as the need for parent education. Although the strategies vary for solutions, there is general widespread support for an organized effort like the Consortium to address these concerns as a community. ~ Andover Anou lams", NWACCC CITIZEN SURVEY We need your help! YOUTH FIRST Dear Neighbor, A Healthy Community is the goal of the Allina-funded Northwestern Anoka County Community Consortium (NWACCC). For Anoka, Andover, and Ramsey, we are planning activities around Youth First, looking at the needs of our young people, and ways to promote healthy behaviors while reducing and preventing risky behavior. We want your thoughts and opinions. Please take 5 rninutes and complete this easy postage-paid survey. We'll publicize the results soon, and use them to direct future plans of the NWACCC. Thanks in advance. Mayor Jack McKelvey, Andover Mayor Pete Beberg, Anoka Mayor Glen Hardin, Ramsey Please circle the response that best reflects your opinion. 1) I arn (circle one) over / under 18 years of age. (survey may be duplicatedfOT all family members) 2) I arn a resident of (circle one) Anoka / Andover / Ramsey cornmunity. Other (name) 3) I arn aware that the following Core Values have been identified by School District #11 and the communities: Respect, Responsibility, Compassion, Integrity, and Appreciation of Diversity. Not at all 1 A little 2 Somewhat 3 A lot 4 Very much 5 COMMENT: 4) I rnake an effort to explain, model and/or Not at all A little Somewhat A lot Very much promote these values in my family. 1 2 3 4 5 5) The following are basic indicators of risk behaviors based on research from our Grade 6 students in February 1994. Do you see this as something you want to be addressed? Not at all A little Somewhat A lot Very much a) Youth involved in alcohol "binge" drinking 1 2 3 4 5 b) Illicit drug use by youth 1 2 3 4 5 c) Depression/suicide among youth 1 2 3 4 5 d) Youth involved in trouble with the law 1 2 3 4 5 e) Children spending more than 2 hours daily 1 2 3 4 5 "home alone" 0 Kids having in-depth conversation with an 1 2 3 4 5 adult other than their parent Here are my concerns and/or suggestions on how to develop Healthy Communities by addressing Youth First: Name Address o I would like to learn how to become involved. My daytime phone is o I would like the results of this survey THANKS FOR YOUR INPUT! (Please fold and drop this postage-paid survey in the mail.) L NW ACCC Citizen Survey Categorized Comments Here are my concerns on how to develop Healthy Communities by addressing Youth First. COMMENT RESPONSES: Youth Organizations · We need alternatives. Where do the 18-20 year olds go to have a safe, drug free, fun night? There is no place, wouldn't it be great if we could have a place lil.::e P.O.V.s without the alcohol and smol.::ing. A recreational place with volleyball, baseball and dancing. But that's not reality is it? There are no alternatives to drinl.::ing parties yet. · Get children more involved with social activities, outdoors, fimess and healthy lifestyles through group activities and field trips. I went to camp Isabella in 6th grade and it changed my way of thinking and my attitude toward the outdoors and being independent. · Parents are ultimately responsible for their children. It helps to involve them with positive peer pressure such as religion classes, scouting, etc. and to expose them to culture, museums, plays and social outings. · More news and credit for the good boys and girls. Different things the youth could attend afrer school and early evenings. · My big concern for these communities is that there is no place for teenagers to go and have fun. No teen centers, no hamburger joints, dances or music what so ever. All activities for students are through schoo\. Nothing is provided by the community or city. Want to cut down on cruising? Give the kids a place to go after the football game, ete. Have you all forgotten what it was like to be young? · Have more organized activities at a Comrnunity Youth Center where parents can volunteer to supervise. Senior High School start time should be later and end time later so it will correspond to the average work day for parents. · Offering youth gatherings such as dances and bowling nights for youth at reduced rates (no smoking or drinking) allowed. Have chaperones. Activities that we know where our youth are. · A place in Ramsey for youth and families to do things together. Or a place for young teens to do things. We are such a spread out community many of us do not have same age kids in OUT neighborhood. Thanks. · You always have got to have something or somewhere recreational for the kids year round. Keep them involved in something so they don't stray. · Have alternative programs to help keep kids busy. Need parental involvement. Send some information to preview. · Offer more youth involvement activities after school particularly for middle school youth (Le. art, dTama, crafts, activity nights and parties). · The necessity to create l!norganized entertainrnent and recreation activities. A Saturday movie program (matinee). Provision for sports (sandlot baseball, etc.). · Give the kids something to do. Adventures Plus is a great situation; the kids remain at school and have supervision and good activities. Maybe have a similar program at no or little cost so kids are not home alone. Parents can pick up their kids at activity or schoo\. Mentors available at these centers. · The Fish Pond appears to be well received by the youth in our community. A safe place for recreation and conversation. Does Anoka county help with expenses? Is there any observation of other communities and what appeals to youth that we can use here in Anoka? · Provide an authorized place and activities for youth, find valuable contributions they can make. · More activities in communities drawing attention to the youth of today targeted to the interests of today's kids (Le.; skate boardeTs, a place to go and compete within the cornmunity). . Have in town activity centers where youth can socialize and participate in recreation and also talk to adults about their problems. . Providing a safe, fun place for kids to hang out, with adult supervised activities that kids want to participate in. Adults should be educated in dealing with teens so they can offer correct information or advice if needed. Maybe even homework help available while kids hang out if needed. Thanks for your work. It is important and appreciated. . Youth between the ages of 11 and 15 need somewhere to go in the evening and on weekends. . Offer chemical-free dances and activities. . Focus on youth. Make it \mown that the youth of our comrnunities are very important to us and a main priority. Keep a variety of activities available for youth and/or adult and youth activities. . There needs to be more awareness and community involvement in the projects already on-going. There needs to be mOTe places for youth to hang out and more comrnunity projects they can be involved in. . We need a youth center for teenagers in the Andover area (foosball, darts, pool, activities, counseling, movies-like the Fish Pond). The kids could work in the area to earn the privileges and combine that with volunteer work. . Provide healthy opporrunities, a healthy supervised place for kids to hang out. Offer activities free of charge if that's the only way to get thern involved. Help in providing transportation to allow the youth to participate. . We need more places where youth can gather with others their own age. They will need proper supervision. I also feel that the people who are trying to provide places for children need more help and support, like the Fish Pond. I belong to Youth First. . D) Sometimes kids pick up ideas and think it's cool to get in trouble with the law, keep this issue and discussion with only the trouble makers. E) The reason youth are always in trouble, drugs, sex, teen pregnancy, is because they are alone after school! Teens need some type of parent figure to look up to-it doesn't need to be a parent-sometimes it's better not to be the parent of the child. I think some type of youth center for the hours that kids are alone might help sorne problems. . We need activities for youth to be involved in. I see a real need for community involvement for after school activities and summer activities, possible mentorship. . Providing more adult/youth programs relating to these issues. Also providing public assistance, if needed. I feel there should also be some kind ot community center for our youth providing thern with all sorts of activities. . Develop places for kids to have activities. The skaters would do great if they had a place to skate. As a teacher, I hear numerous complaints from this group. Is there some way we can help them? . Community involvement, athletics or any extra curricular activities fOT youth. Spiritual background. There needs to be a place where youth can go to play, hang out, ete. Possibly free of charge. . Children should be heard, but first we need to get them to talk freely. We need to create a non- challenging situation for thern. . Find projects like the Fish Pond. . F-Depending on who the adult is. Support Anoka's youth center in the former post office at 3rd and Main. Encourage Governor Carlson to give back the $500 million plus surplus to our schools to put back music programs, sports training, former school activities to keep kids busy. . Adding a teen clinic much like the Nucleus Clinic in Andover for prevention of teen pregnancy. Adding swimming or other community classes to the Andover area. . As children, both of us had "work" of some kind or another to do. We also had time to play, but the priority was to do your work first, and then play. Prograrns which foster the work ethic and discipline are needed. . Kids 14 and 15 should be able to work for the community (Andover) like the Coon Rapids program (TTail Blazers) that is offeTed in the summer to clean up our paTks, have fun and get paid, plus keep out of trouble. . We need to continue getting our cues from the youth as to what activities that we may plan will be rneaningful to thern. . Youth should have curfews. I think youth centers or the mentoring programs are good, along with church functions. Parents must be involved. . Stress youth involvement in many different activities to minimize excessive hanging out at rnany areas in our community (malls, stores, etc.) Activities would include athletics, clubs, ete. . It's harder and less effective to stop bad behavior than it is to provide opportunities for good behavior, particularly after school and before parents get home. What can kids do after schoo\? Where can they go? . I feel having things to do that are meaningful would alleviate many of the problems. . Community Center with a day care, ete. Faith Organizations . Go back to farnily . help to strengthen and build families. Work with area churches. Teach morals and absolutes. StTengthen by supporting and working with families and churches. . Children need spiritual guidance and morality direction and 95% of this should start and come from the mother and father at home. Too much community intrusion. If we have any it should come from the churches and those activities first. Too much attention on children is not good either, they are being raised up to be good citizens, but the world wasn't created solely for them. . Moral values and the other problems all fall into place. As Christian values went out of the schools, kids went out of control. . 1. Return to scripture 2. Bring in youth evangelists 3. Quit the promotion of alternative lifestyles. . Keep Zion Lutheran Church informed and contact for any help needed. . The only way to change is for children and parents to live and be held accountable to the 10 Comrnandments. We need conversion and repentance, not another program. Especially not prograrns accepting unchaste living. Parents need to live their marriage vows. We as a modern generation for the most part aTe lousy examples and role models. . Attend church on Sunday and get involved with activities at church. . Churches, this program has no base without big time involvcrrnent of the churches. Go after paTents aggressively to be responsible. When we are all in charge the reality is that nobody is in charge. . Have families strengthened any way possible and to bring families together with activities, etc. Go to church as a family. . Look at each youth's heart. What can you do there? Channel help to and from churches to help parents. Don't form another group just to deal with youth! Get kids into churches with good youth pastors. Schools . Allow teachers to teach the 3 R's and DISCIPLINE!, DISCIPLINE!, DISCIPLINE! . Is there a SADD group they can join or other alcohol related peer tutoring or other social services? How can we get involved with the youth to help promote/educate? . I believe education and training often start too late. Children in elementary schools need good program both sports and education. Kids need to learn how to have a positive winning attitude. . Delay High School starting times and increase the number of days students are in school. Education must presume a role of healthy advocacy; posters, skits, BE LOUDER than all the messages kids are receiving. · Sex education to reduce teen pregnancy. . I highly suggest Youth First work with an organization called Student Venture. It is critical to work with them. I understand they are bringing Milton Creagh to address a number of the above topics. . Three meals a day, 7 days a week available at schools with activities for kids who don't have that available at home. Make it available to everyone so kids in those situations aren't so noticeable and perhaps they would participate. . Stop racism. Stop drug sales and use especially in our schools!! Treat foster children and disadvantaged youth the same as other children. . Get a life before you get a sex life. . Explicit sex education should be rernoved from the schools! This is not a teachers responsibility but is the responsibility of parents. Ebonies are an insult to the black race. . Work with Swdent Venture on an assernbly program next fall with Milton Creagh. . Make high school starting times later; promote afternoon community youth activities involving businesses, schools, and police. . Educate kids on the dangers of drug use and sex at an early age. Teach high values, morals and ethies in order to help families through tough times. . I wish the professionals (teachers, ete.) would act out their profession of concern fOT kids instead of whining about poor working conditions, poor wages, needing more time off, long hours, etc. No one made them become teachers and youth professionals. Not my job and it if were, I'd do it with pleasure like I do my job . More counseling for students in schoo\. . Get the word out on what's going on with what is positive in ISO #11. Youth are doing so much, i.e., srnoke out for 6th graders, testing Rum River, etc. . What about DARE? I've read it's not very effective when the kids are in high schoo\. Should more money be spent on this? F. But not used to spy on parent! E. Addressed by after-school programs; why don't we start the middle and high schools later and the elementary earlier as all studies recommend? Everyone knows teens prefer to sleep late! . After school and extra curricular activities are important. . I work with EBD students at Wilson Elementary. I see such a need just to spark some interest in kids who have never been involved in group activities such as soccer, baseball, etc. and let them know it is "cool" to be involved in good activities. I also see a need for caring adults who can really see beyond the negative behaviors and to really see the good in kids. . Provide more activities at school (after school and evenings). Maintain strict discipline and moral codes during school and in activities. Call parents of disruptive kids and hold them accountable for their child's actions. . Public schools don't seem as safe anymore. I have a 17 month old and it scares rne to think what they will be like in a few years. . Too rnany tax dollars are being poured into education and kids can't read! Get back to the basies, and get the parents to be more responsible for their kids! Yes, I am a parent and I am involved in their lives. . I graduated years ago frorn Anoka High Schoo\. We had rules to follow, dress codes, had to use proper language, respect the other person. We cared about the other person. We cared about ourselves. The school played a big part in passing on the values to swdents. . I think it might me helpful to upper elementary students to show them both sides of the issue. . Build stronger communities in schools so youth are held accountable to one another. . Support your local teachers and schools, community ed. programs and quit shoving so many people into small plots of land. We don't have room in the schools!! . Rise in cigarette use by minors should be addressed. The DARE program should be stressed and encouraged. From what's been published not very many youth are involved in it. . I believe the steps taken so far have been very good for our youth and communities. However, I can still see room for improvement, especially for our younger youth ages 7 -12. I feel we need to try to read these children more aggressively. . Teenage pregnancy and the subsequent dependency on welfare are concerns. School based classes teaching abstinence rather than birth control would help. . Students should be safe (on the bus and in school) from harassment and from other swdents (includes halls, lunchroom, everything!) I removed two of my children from school because it was okay for peers to humiliate the low-income kids for free lunches and not dTessing in style. I City and County Government . The city of Ramsey is a fast growing community. I would lilce to see more paries. bilce trails, basketball courts, etc. Similar to Maple Grove. . Improving area neighborhood paries, especially in middle income residences. . Hopefully Mayor Hardin can correct these problems. My car and house have been broken into several times by unsupervised and irresponsible youth. . Enforce curfews, operate an absolute so that kids know the difference between right and wrong. Promote families and community as much as possible (picnics, and events). We need to equip parent to adequately parent their children. We could also work together with local churches in developing healthy communities. . I'd like to see a YMCA or a rec. center fOT the kids in Anoka. Chief Revering could care less. It seems like the kids have very little to do in this community that is of positive influence! Thus, they end up in trouble. I have personally tried to discuss this with our Chief of Police and he went off on me like a raging rnaniac! Very sad. p.s. It seems the brass inlay and the rnarble that was purchased for our Government Center took precedence over our youth. When things become more important than children and teenagers I think it says a lot about our city. It's not good. How about a skate park like in Calif. Revering hits it off so well with Chief Gates (former L.A. P.O.) Even Gates saw the need to build constructive things for the youth of today who will be running Anoka someday! . Anoka County child protection help practice #3 too! Get all the treatment centers and jails away from the elementary schools. . More intense pro-active policing with youth at risk for deviant sub-cultural; alcohol/drugs; illegal activity. More emphasis in the responsibility for self and the community. True rewards are not material. . I have been in this area over a year. I see kids skirting the law and basically knowing it. There are way to rnany kids out of control. . Amend the data privacy act on juveniles so that any inquiring police departments can check on any juvenile's record or past history. . Have the youth that get into trouble help out the victims on a weekly basis. . Get better youth and athletic programs in Ramsey. Example: we take our kids (for 2 yrs now) to Blaine to play soccer because Ramsey doesn't offeT a decent 6 and under league. Sarne with hockey. The RYAA doesn't return calls and we rarely see any comrnunication about sign-ups, leagues, etc. Nothin~ is ever in the "Ramsey Resident". My point is, healthy youth and healthy communities start early! ATOD Use Among Youth/Suicide & Depression . Smoking is a big concern to me. I don't srnoke, but I work with youth that don't know why they smoke. I am on them all of the time. Start with little things. They know I care about them. . Students who are well informed in all aspects of tobacco, drug and alcohol use are more likely not to use/abuse these products. . Constructive discipline, not just punishment. Tobacco use, looking at otheT ways when businesses are known to sell to minors. Parental lack of concern and responsibility and sense of neighborhoods. . Teen srnoking it it's illegal to buy them it should be illegal to smoke them. Make a penalty for it. Crime committed by youth. Vandalism. We have been hit three times from March to November. Major damage was done to our house and cars during this time. Police took a report but as far as we know, nothing has been done. They got away with it and we got stuck with the bill. . Heavy penalties for drinking, sex and smoking. This is not for youth and parents who let their kids run not knowing what and where they are and above all, good Christian training. have no respect for District #11. Now my kids are attending Anoka-Ramsey Community College instead of your wasteful senior high in Anoka. · Parents and teachers should help children identify their strengths and encourage positive activities that promote them. Kids I work with in Senior High have no hobbies, nothing to do, so they rnedicate themselves. I would like to see anger management classes in middle school for kids who act before they think. · Mentoring programs, encouraging extra curricular activities. · Sex education, teen parents should be taught in depth to younger kids with real life situations. Family/Homelife · When both parents have to work to make ends meet the day cares are the only place values if any are learned. Parents are too tired when they come home. What will happen to family and kids values in the generation raised with very little family time or values. Family won't mean much. · Getting thern to feel they can open up and also trust their parents to communicate with them. · Start at home first. Encourage parents to get involved and then when they do listen to them. Get rid of the politics, stop focusing on political correcmess. Work on being correct. · I feel parents need to educate their children more at home. Parents should utilize the resources available and educate their children. Teaching children common sense goes a long way. · Our youth need help. Too rnany working mothers are not at home for their children. Nothing will change until they family unit becomes stronger in the home. Families need all the help they can get from the community. Thank you for all your big effons! · All of the above areas are very imponant, but family and these issues are even more imponant. · I think people in these communities are spending too much time in traffic congested areas and trying to do some of life's basic necessities such as grocery shopping. We need more stores and better roads. The few minutes here and there that are wasted by such activities could be very valuable to families. I believe the tired parents are the biggest problem affecting quality time spent with children. · I realize children come from all sons of family situations but I don't see how you can change too much if the parents in those hornes are not good role models. Also, I don't think it's fair to have all children educated about these issues when for some kids ,these thing are not an issue in their world. To me, childhood shouldn't carry such heavy issues unless necessaty. My 18 year old disagrees with me, he says you can't address some kids and not others about these things. So it's best to talk about it across the board. He says for him, he didn't mind and it was just a good waste of class time (his words). My other teenage son agrees that it's a good waste of time and most of the kids laugh about these classes. They attended Andover Elementary through 5th grade. · Seems as if our youth are best with activities, can hardly eat an evening meal with their .families. Perhaps encouragement toward more FAMILY ACTIVITIES and CHURCH ACfIVITIES would be helpful. "Free up" Wednesday evenings as it used to be, e.g., in Anoka. Meeting with parents first. Teach them how to be good examples and how to love and train their own kids. That the kids are their privilege and responsibility. · I don't want to over emphasize the drug issue because I think family involvement, adult involvement and structured outlets will help more than lecturing about drugs. · Keep promoting family activities in communities. Inform families through local newspapers about healthy activities for youth and reasons why they benefit kids. · Youth First is a Key ClublKiwanis theme. Be sure to involve those groups too. They have project ideas already set. · I am a volunteer with the Lutheran Social Services. Strengthening families as well as a focus on youth is important. Improved parenting skills is key. · I believe all of these values need to begin from the home and if not available there, then relationship (conversation) with another adult is important (good role models is what's needed). . Teach by example, parents. Remembenhe golden rule. Become involved with your children in something worthwhile. Don't be a hypocrite. . Training for parents/guardians should be a component of the program. . Parents need to be involved directly with their children. Teaching by examples about values. . I feel that parents need lots of educating on the special needs of their children, to help the children to say no to sex an drugs and also learning about teens with ADD and new information to help them. . My concern is that parents are so busy trying to get through their lives and problerns that children are not getting the time and guidance needed. . Some parents are poor examples (smoking, alcohol, drugs) they need to get their act together! Youth need to know there are consequences that will be followed through. Involve churches as much as possible. . Ideally children should be taught these values by the time a child enters school, by the parents. But parents do no take care of young children. Daycare and baby-sitters care for most youngsters so the schools will have to reinforce the values. I think only one parent should work until the children are in school. . I believe curriculum that ISO #11 adopted will create risk behaviors. It seems you may be going in circles. Also. if truth is not a core value, then you stance on all the above issues is on a collapsible foundation. I just received the Times and disagree with the idea Local program based on the premise of raising children is everyone's responsibility. Raising our children is our (the parents) responsibility. The community needs to be encouraged to help us. . Always have clear consequences. Always follow through with the consequences. . I am concerned that parents are leaving children as young as 1st and 2nd grade home alone for many hours. These kids are prone to getting into trouble and don't get the attention they deserve. . Programs for the parents and the children would help. Parents have to be educated to raise these kids correctly. Look for volunteers to keep taxes down!! . I believe that these values have to begin to be fostered in the home. therefore parents should be involved in activities to lower risk. . Home alone depends on their responsibility. Is the non-parent adult responsible? If so, I guess I'm glad they've reached out to someone. . Adults are much more intirnidated by youth these days and ,are less likely to step in when necessary. . There are too many parents that don't know where their kids are or what they are doing. . Before we can have a healthy community of youth we have to have a healthy community of parents. We should start with them. They need a few lessons. . Kids communicating with parents is a very important factor in controlling these risks. Parents need to be rnOTe involved. . I think parent education is paramount, speakers, workshops, etc. . Kids aren't being supervised after school. Parents have no clue as to what their kids are doing in the streets or at hang outs. Where are the parents? . Need to work with adults to get them involved and Tesponsible for our children whether they are ours or not. All the above things are inter-related to each other. Our kids need a place to go that's theirs. Unaware of Effort . How is the information in #3 spread into the community? I have never heard of it before. . I just moved to Anoka last September. I've never heard of your group. What do you do? Concerned About Effort . The questions and answers on this survey are obvious. Was this written by a sixth grader? Stop wasting my time and tax dollars. · Studies indicate risk behaviors are a concern to our youth. They need to know what consumption is considered "binging", who to contact about suicide and depression and our cities rnediation between offender and the injured parties as well as police. · From my research and experience, it seems that depression leads to drug and alcohol abuse and other risk behaviors. I feel if depression is given more attention, kids will understand why they feel the way they do. They will know there are resources to help them and not use illegal substances and alcohol to escape. · You do no list ADD/ADHD as a choice. When this behavioral characteristic is not addressed it can and will cause low self-esteem, which can lead to depression/suicide. Ritalin only helps filter out distractions but does not control the child. There are management techniques that need to be implemented in the classroom that I don't believe all teachers are aware of. Thanks for the opportunity to express my concerns. · My children are married and have their own families. But I'm still concerned about youth and children spending time home alone and children in homes who always have alcohol on the shelf. Interaction With a Non-Parent Adult . # 5e) Depending on the responsibility of the child. · "F" who is initiating these in-depth conversations and what are the topics? · Not sure what "F" means. Stress academic excellence, the need to look beyond immediate gratification to long-term. · I think if the adult is someone the parent trusts, there is nothing wrong with kids having in- depth conversations with another adult. I would rather the child talks to someone rather than hold their feelings and/or apprehensions inside. Sometimes it's almost better to talk to someone else. Please print the survey results in city newsletter. · I believe some "issues" discussed in a group setting by an adult that may not carry the same values is risky. When J subject comes up, we should honestly address it, but some of the areas such as suicide can make things worse rather then better. I do not advocate avoidance or ignorance, sensitivity is the key word. Parental/Adult Responsibility · Have rnore free parent seminars, to get a good turnout, etc., to educate parents on how to teach the above values in real life situations. It all starts at home and if parents don't take responsibility then nothing will improve for youth. · It should be "Adults First." They are the ones who need to be educated. Make adults better parents and you will decrease youth problems drastically. · My problem with this is that the concerns don't get addressed to the youth that are really in need, where there is lack of parent involvement. I don't believe the comrnunity can be a substitute. · In many cases it is not only the children, but the parents as well, that need to be educated and supported by such programs. · My involvement with youth organizations in Anoka has shown me that the city of Anoka has too many parents who do not encourage their kids or get involved in youth activities. Youth First must include parents becoming involved. · Parental guidance and love along with firmness in discipline are rny top ideas for reducing at risk youth and promoting the District #11 values. Leaving children alone on their own early needs to be addressed because without adults and/or parents around, good guidance and direction is nearly impossible. · Parents today are in much need of being taught the scary truth of the large numbers of teen parents, alcoholics, criminals in our youth, even here in Anoka. Parents must be educated first. · The best way to teach children is for adults to be good role models. Spending our children's money (deficit spending) is taxation without representation. This is no different than stealing. Until we as adults address this problem, we won't be able to fix the other problems. · All of these are issues parents and children should deal with at home. Cities should run the cities. Schools should teach the basics. Please don't waste anymore of my money on feel good mailings. · These basic indicators need to be addressed by parents, not organizations and government. Be careful not to infringe on paTents' rights and responsibilities. · How much tax money is wasted on this foolishness? Fancy name for nothing. Make kids work a little. Most kids have too rnuch money to spend and are given too much and there are too rnany planned or programmed things for them now. I am programmed to death. I love my kids but everything they are told in school goes against my teachings. Self esteem! Hogwash! If they worked a little and did sornething for someone else and got rid of the grunge look and cleaned up a little they'd feel better and look better and think better about themselves. I can't become involved because I work two part-time jobs now, and I am tired of it. · I don't like scare tactics, I don't want my child afraid of everything and everyone. There has to be some sort of line to cross. . Why Youth First? · While I appreciate and believe in doing for our children, I firmly believe we have misled our children with stressing what we can do for them rather than demanding responsibility from them! · I am concerned when I hear that Fridley 5th grade students cannot be held accountable for honesty, assignments, performances or anything else unless they are happy with the consequence. Why go to school? Is it a learning center or a playground? Why assignments if no authority to expect response? Don't follow Fridley's example. · I am concerned about your questions in this survey. Youth is many different ages, different approaches and information should be addressed with children based on their age. It is not clear what age group you aTe asking about. I would like to know the direction you think you are going, and caution that the results will vary based on the age of children in the home, which you have not asked for. · Focusing attention on any of these subjects alerts rebellious youth to the possibility of engaging in behavior(s) that the system finds offensive. · I worry a little about putting too much emphasis and time on the negatives. I would also like to see a program aimed at developing positive thinking and an awareness of the amount of tirne we spend in negative thinking. · Concerns of rny kids being taught things or subjects that go' against my morals or beliefs such as homosexuality, pre rnarital sex, etc. · As worded, indicator F does not necessarily point to a potential problem. In fact, this behavior could indicate just the opposite, Le. the type of thing a mentor might do. PLEASE RE WORD to clarify what you're trying to get at (drug dealing, molestation?) Different School District/Children Not Old Enough · Does this even apply if my kids go to Elk River schools? Or are they not included in this potential program? · I would like to know how this can be included in St. Francis since hundreds of children live in Andover but do not attend ISO #11. · My oldest is in first grade, it's hard for rne to imagine these issues at this point. · Our daughter is only 5 and we haven't had to deal with all of these issues yet. We promote family values a lot. Hopefully, we'll be okay. Can Relate Personally . Having someone who has had these difficulties and has been helped speak with these young people. giving them help and inspiration. . I am a young parent who has gone through many of the problems in question #5 and would like to see those who we can still educate and help with those problems be helped. I'd even help if I could. General Positive Comments . I am glad that these fundamental values are being addressed by this group and hopefully being demonstrated in schools as these values may not be stressed at home. Thank you. . I'm really proud of our community leadership taking a stand for young people. Making kids a priority at all city council meetings and decisions, rather than an afterthought. Schools and churches are doing great! Let's keep the cities following, too! . I commend you for seeking to analyze troubles that now exist and to take action before more serious problems arise. Our youth are our future and deserve our positive attention. . Our family is grown and gone from home for many years. I think these ideas are gTeat. . I applaud whatever you (and we) are able to do. . All the suggested goals are important. Anything I might add is not needed. . We are elderly but we think this is something really good for our young people. To get involved. . Continue to relate well to Search Institute work on 40 assets. Keep Success Committee efforts. Excellent! Senior Organi:ations . Develop "grandparent" volunteers so single parents are not forced to leave their children alone after school when they most need supervision. Respect . I believe it is something that needs to start in elernentary school with respect, manner, following rules, and by not doing any of this I believe they keep trying to see how far they can go. . Emphasize respect. If a child respects himself and others, all other values fall into place. . They need to learn respect for others-both adults and other children. They also need to learn that there are other ways to solve things rather than using violence. . Self-esteem is irnportant but if that is the only focus we will have selfish children. Respect and concern for others and providing strong basic education goes a long way for a healthy environment. . Children having no respect for adults or personal property. Parents denying their child could do anything wrong. Not being held accountable for their child's actions. . Treat minority and all youth the same. . Often communication and respect for others needs, personal property, ideas and more. . The values of respect and responsibility should be heavily influenced. When I was younger I did not understand respect. Once I learned to respect, I was returned with respect. . Two things: Children should spend as much time as possible with adults and as little as possible with other children. Concerning diversity, know and observe the difference between tolerance and respect. . Teach Tespect for life at any age and address self-esteem/boundary issues. . Mentors other than paTents for kids. Kids have more limits and rules until the age of 18. Learning respect for others and others property. . As I see my grandchildren I worry about respect for others and themselves. No Tesponsibility for doing chores and a throwaway society (I can always get a new one). N. It · What Can We Do As A Community? . We all know our community will be developed for future days by starting and continuing to teach our children. We must address higher levels of values in order to improve society. Communication is the main key. If you can't talk to them you are done. Children need to be listened to. They need to know someone is interested in their well being. Positive reinforcement. They need to feel a sense of purpose and belonging and need to learn that human life is valuable. My suggestion is to help young people to learn to respond to and deal with peer pressure. Remove or reduce the age barrier so kids can obtain jobs to earn their own money and encourage employees to work with and train kids to become good adults. Identify and develop youth to be peer leaders. Hold focus groups with community youth in which peer leaders co-facilitate (in my experience it is more effective to be an active participant in fmding solutions to an issue when the issue is presented by someone who's been there). If the youth in our communities are involved in the solution, they will have an investrnent in seeing the program succeed. Ultimately, a collaborative effort of the community, youth, parents, educators, comrnunity leaders, law enforcement officials and interested citizens would enhance the successful development and implementation of the Youth First program. More discipline brings better behavior. Enforced consequences for bad behavior. Youth should understand consequences. Youth must understand right and wrong and how to make good choices and to be able to anticipate the results (good or bad) of the choices they rnake. They must learn to accept accountability and consequences of their action. Many youth today don't know what a conscience or guilty feelings are. It's not being taught at home or in school and many rarely go to church. What a sad future. Search Institute information has been beneficial. We also like how city government, churches and other agencies are coordinating efforts. Keep getting the information out! As a former teacher and now parent I've seen our youth struggling with a lot of hairy issues. Anything we can do to help them, giving them place to be and making them feel needed and cared about is a step in the right direction. Be proactive ratheT than reactive. Communication, communication, cornmunication!!! With our kids. Get as much good information to them as possible. Involve your community organizations, churches, etc. We feel somewhat protected from inner city problems out here, but I feel strongly that we should keep it that way, so stress that gangs, drugs, guns, etc. are definitely something to stay away from. Use common sense, something that is not very common today. I believe that all these core values and other misbehaviors should be the responsibility of the home and church. Maybe 20% should be at the school as most often the child thinks it's a joke. Having people come in and talk to youth about different problems-racial, abortions, teenage pregnancies and AIDS. Is our area connected with the Search Institute's work? What links do community agencies and churches have with the schools to address these issues together? There are many activities youth can direct their energy to, we all need each other. Motivation towards those needs have to be identified and executed. All publications, information, etc. must explain what the terms "Healthy Communities" and "Youth First" refer to and what the goals are. Children going home to an empty house and alone for hours is trouble. There has to be a way to work this out. . ~. . . ",. . . ~. . 1(. . . . . 11. . . f)p. . , NW ACCC Citizen Survey Categorized Comments Question: I am aware that the following core values have been identified by School District #11 and the communities: Respect, Responsibility, Compassion, Integrity, and Appreciation of Diversity. COMMENT RESPONSES: General Positive Comments · Good idea! · Continue prornoting these important values. · Glad to know this-it's long overdue. Don't forget the "golden rule" and conscience. Most youth these days have difficulty defining right and wrong and understanding their actions are a Tesult of their good or bad choices. · Good idea, didn't know family values. · This is a great beginning to have these values and information to help parents communicate with children. · They are all very important! · All of the categories are very good goals. · Excellent values! · I am 100% behind this effort. · Sound like excellent values. · I definitely agree with these values and would like my kids to embrace them as well. · Very well thought out. Are we as adults practicing what we preach? . · These core values should not take priority over basic academics, but individually they are important. · Minnesota has become concerned about rights! · I would add honesty and obedience. · Yes, and Washington school does a great job! Jefferson Elementary (my daughter's old school) works on these principles also. · It's good but parents need to be involved as well. · This is the first time sorneone is doing something. · Better than value neutral or harassment. Comments of Concern · Franklin Elementary school teachers need to practice this. · Don't see much emphasis on these from teachers at Lincoln Elementary. · District #11 is not working on these at all! · Except by the principal at Coon Rapids High. . I believe there are other core values that are equally important or more important. . The parents/people who need to read this material are probably the ones who aren't. . What about the education and learning? Parental responsibility? . Identification and implementation are not synonymous. . How about an appreciation of the work ethic, and doing something and not getting paid or rewarded for it. . It should be and I hope kids understand what's behind the words. . Our voices need to be more anirnated and louder than the media messages; TV, rap, rock lyrics, etc. . What do you mean by the statement "identified", who did this? Why was is done? How are these applied? . The problem is in the homes. . Identified, but not all resolved! . Get back to reading, math and history and leave values to parents. . How are they implemented and is theTe a result of the program? . Youth don't take responsibility for their actions, there is close to no appreciation of diversity, authority isn't respected and there is little cornpassion and integrity. Search Institute . I'm aware of Search Institute's Research and the work they've done. . Kids bring home the Search Institute handouts from schoo\. UNAWARE Neighboring School District/No school age children/New to Community . I don't have any children in the district. . We are in the Elk River #728 School District. . New in the community end of December. . My children go to Elk River Schools. . I am very new in the area. . I was not aware of this, my granddaughter attends district #17 and I've been more aware of that area. . Only two children in the neighboThood. . We moved here from Kansas one week ago. . I have no school age children. My son will begin kindergarten next year. . No school age children, therefore not fully aware. . Our child is preschool age and we have not yet become involved with public schools. · I work for the School District and am on the Youth First committee. · I am very much in favor of the School District promoting and instilling these values in our children along with parents being made aware! · I hope you will be able to establish and inforce policies that build strong positive compliance to each of these virtues for every student passing through the influential years they are in District #11 school. · I am aware of these core values through my involvement with the parent advisory council for the ECFE and learning readiness preschool progTams in District #1 I. · All I have seen of this is in my son's school rules. I have not heard of it being regularly discussed in class or of the need for these to be exercised outside of school. · My son just started kindergarten so we haven't received much from District #11 yet. . 1 teach school in Anoka-Hennepin. · I am a District #11 employee. · I work for District #1 I. · I am a health teacher at FMMS. · I think it is important for schools to stress values as well as what is done at home. · I am on the Character Ed and Youth First Committees. Appreciation of Diversity Related Responses · Does not include acceptance or approval of gay, lesbian, homosexual/queer agenda and teaching of the same. · Anoka graduate: The respect and appreciation of diversity at Anoka High makes me sick. People try to make a difference, but the majority don't care. · Sure as heck doesn't seem like it with all the racism at Anoka High School. · Integrity should be first if one is NOT honored. Nothing else matters or fits. Define diversity. I do NOT want my children forced to accept homosexuality. We feel parents should be schooled, guided and directed first, then the children would be okay. Why don't you find a way to supply parenting classes with the onset of the first child. Thank you. ' · I think they need to be emphasized more in the community and at school. Diversity is limited. It would be nice to celebrate the diversity we have and encourage more positive attitudes, re: persons of color, the strengths they bring to our society. · Never heard of appreciation of diversity in school. · I like the first four, but do not support the last one: appreciation of diversity. · Appreciation of diversity is out of control. · Leave out the fifth one! · Diversity is being overplayed in some instances to the extent that it makes for separation more and integration. · New to the area. · Who knows what they teach kids in schools these days? Especially if you don't have any attending. · My kids aren't old enough for school but my oldest isn't far from it. I would like to know how schools are handling things. . No children in District #11. · I don't know core values. I just moved to Anoka in November. · Child not in school yet. · I don't have any children, so I wasn't aware. But I feel it's good. · New to the area. · We are in the St. Francis School District as we live on the school boundaries in Andover. · Our children go to private schools so I am not completely informed on the public school curriculum. · I do not have children going to school in this District, I am a parent and do know the great importance of children in taday's society. · My grandson lives with us and goes to Christian school where these values are. Lack of Information · Where was this information printed for those without children in school? · Through what source would I have learned this? Newspaper, school, news? · I am not aware of this program. I am a grandmother but really interested in youth. · Don't know about this. . Huh? · This needs to be publicized more, maybe in newsletters, newspapers, television and cable stations. · When and where were they published? School District Related Responses · Nice, but somewhat redundant, after all, if one has integrity, compassion and respect, then appreciation of diversity would be a natural extension of that, correct? Sounds very politically correct! I'm disappointed that there is no mention of striving for excellence or developing one's potential to the fullest, seems a glaring mission for a School District. · Glad District #11 has implemented these, yet the parents should be teaching and reinforcing these core values. · I feel ISD #11 has continued to include these values in everyday teaching:. · It would be helpful if the schools applied the same rules and levels of expectations to all students. · How are these values addressed within the schools? How are you getting the information out into the homes? · I have heard the Senior High has many problems with racial prejudices. I hope this can be dealt with. · We don't need to go out of our way to single out diversity. · Not sure about appreciation of diversity. · All of these go without saying, except for the last one: appreciation of diversity. c.~, m-t~. 5"/~(97 15673 Kiowa st NW Andover, MN 55304 April 27, 1997 RECEIVED APR 3 0 1997 0/ TY OF ANDOVER Andover city council Andover city Hall Andover, MN 55304 Dear Council Members, I recently spoke with Mayor Mckelvey regarding traffic issues on County Road 7 and understand that adding a stop sign or traffic light at the intersection of County 7 and county 20 will be a topic of discussion at a future council meeting. I am strongly in favor of adding traffic control measures to county 7 and urge the Council to recommend to the Anoka county Highway Department that some form of traffic management be added to this highway. I believe the danger of driving on county 7 has increased during the past several years due to the increased traffic flow as a result of continued housing expansion in Andover, and the numerous traffic lights which were added to downtown, which pushed more traffic to county 7 for a faster trip to Highway 10. Trying to get on or off County 7 during morning or evening rush hour has become quite a challenge. I have written to commissioned Dennis D. Berg several times to explain my concerns with the traffic issues on County 7. I have included copies of my letters and his responses for your information. Please help to increase safety on County 7. I look forward to hearing from you about your plans and recommendations to improve the traffic situation on this highway. You may contact me at home at 422-0257, or at work, at 330-8365, if you have any questions or information regarding improvements to county 7. Sincerely, --\ '^"- ~ '^" ~ ~ l.: \Jm Finkowski ~ Peggy and Jim Finkowski 15673 Kiowa ST NW Andover MN 55304 May 28, 1996 Dennis D. Berg County Commissioner Anoka County Gov. Center 2100 3rd Ave Anoka MN 55303 Dear Mr. Berg, I remember reading in the Anoka Union that you were involved with having County Road 7 named the POW/MIA memorial highway. That shows me you value human life. Are you aware that there have been many accidents, many of them fatal, on this road in the past few years? We live in Andover, 2 miles north of the Anoka High School, near the intersection of County 7 and County Road 20. It is alarming the number of accidents that have occurred in this specific area. Several fathers have been killed on this highway, one young woman paralyzed, and other persons seriously injured. In the past, I have spoken with the traffic engineer, Jane Pemble. She has said this area does warrant a traffic light. I do not understand why nothing has been done to slow traffic on this dangerous stretch of highway. I believe the speed limit should be lower in this area, and a traffic signal should be installed to allow for safer flow of traffic. Another accident occurred near this spot last Thursday, (May 23). I urge the county to do something to stop the accidents on this highway. I would like to know what you will be doing to reduce the risk of accidents on your POW/MIA memorial highway. I look forward to hearing from you. You may also contact me at 422-0257. Sincerely, Peggy Finkowski .. COUNTY OF ANOKA Off/.Ce of the County Board of Commissioners GOVERNMENT CENTER 2100 3rd Avenue' Anoka, Minnesota 55303-2265 (612) 323-5680, June 11, 1996 DENNIS D. BERG County Commissioner Dls1rIcll/l Peggy and Jim Finkowski 15673 Kiowa Street NW Andover, MN 55304 Dear Peggy and Jim: I appreciate your taking the time and effort to write me about your county highway safety concerns regarding County Road 7. As you know, because of budget limits, the upgrade of County Road 7 from the City of Anoka to the City of St. Francis had to be staged out over ten years, with completion of the final stage scheduled for 1997. The number of preventable accidents on the uncompleted portion of this road over the last ten years, along with our declining road infrastructure, are the major reasons I have lobbied and testified in support of increasing the state gasoline tax. With the declining funding levels for our road systems since 1970, the list of unmet safety needs continues to grow. The intersection of County Road 7 and County Road 20 is one of 24 in the Anoka County system that meets warrants for a signal upgrade; however, only four are included in the 1996 budget. Signalization at this location would also require construction of turn lanes. This would result in a $350,000 price tag and is the reason that the Public Works Committee did not select it for funding. Prior to 1970, county and state roads were primarily funded by gas tax. Today, over sixty percent of our local county highway system is funded by property tax. The reason for the decline in state gas tax is due to three factors: · As vehicles become more efficient, the price they pay per mile becomes less. Example: If in 1970 you drove a car getting 15 miles per gallon and today you are getting 30 miles per gallon, you are paying one-half of what you paid in 1970 for road maintenance. · Environmental restrictions on road maintenance and construction now accounts for approximately one-third of our highway budget. · There is no inflation factor in gas tax, yet construction costs go up each year. There are other factcrs such as ethanol being exempt from the tax, and not all vehicles use gas or diesel fuel. FAX: 323-5682 Affirmative Action / Equal Opportunity Employer TDDmv: 323-5289 .~, . , 4 ,. June 11, 1996 Page 2 Your letter referenced speed limits. The County Board, being elected as a policy making board and not rule making, does not have the authority to set or change speed limits. The state has this authority and will respond to a request from the city or county to do a speed study. Letters of support from both is often required to get the job done. I will proceed with the request from the county. However, I caution you not to have any false hope, as most of these requested studies result in no change. ' Sincerely, a~ lQ,7? Dennis D. Berg Anoka County Commissioner DB:pd cc: Jon Olson, County Highway Engineer 15673 Kiowa st NW Andover, MN 55304 August 1, 1996 County Commissioner Dennis D. Berg Government Center 2100 3rd Avenue Anoka, MN 55303-2265 Dear Commissioner Berg, I read your response to our letter regarding a request for a traffic light at the intersection of County Road 20 and County Road 7 with great interest. My first emotion was to be quite impressed with your quick reply. However, as I continued to read, I felt quite discouraged. Unfortunately, as I finished your letter, I was indeed frustrated. I understand that budgets are tight in Anoka county and you are challenged to accomplish as much as you can with limited resources. Considering the labor and equipment that goes into the installation of a traffic light, I would not disagree with your estimate of $350,000 to install a light at this intersection. However, our concern is for traffic control and increased safety. Perhaps this issue could be approached in other creative ways. For instance, why is a traffic light necessary at this intersection? stop signs would certainly accomplish the same result, probably more effectively, since the activity of each car would be controlled. Anoka County has established this precedent on County Road 78 (Hanson Blvd) and County Road 20 with a 4 way stop. Other examples include County Roads 7 and 22, and County Roads 58 and 9. How about a temporary test installation of stop signs to evaluate their effectiveness to reduce accidents and excessive vehicle speed? I recall that temporary stop signs were installed at County Roads 9 and 20 prior to the installation of permanent traffic lights. You also stated that the funding for local highway construction had shifted over the past 10 years from gas taxes to property taxes. However, you did not indicate how your budget and tax income has changed with this shift and dramatic increase in population in Anoka County. I would like to understand this better and would appreciate any references and reading materials you might suggest. I believe the danger of driving on County Road 7 has increased for several reasons. certainly the population of this area has increased dramatically over the past ten years. New housing developments continue to be constructed without additional traffic management. If you would drive north along County as far as county Road 58, you would find that this highway turned into a feeder road for numerous residential areas. Road 7 has In addition, with the High School located between county 58 and Anoka, this road has a greater than normal concentration of drivers with limited driving experience. Also, new business on Roundlake Blvd and the extensive traffic management system there has pushed more of the traffic to County Road 7 for a "clear shot" into Anoka. Attempting to enter County Road 7 at rush hour, in my opinion, has turned into a dangerous and life threatening undertaking. I appreciate the time you've taken to correspond with us and your support as County Commissioner to request that a speed study be authorized for County Road 7. I would appreciate any additional advice you may have to help improve the safety of this highway. I look forward to hearing from you. Sincerely, Jim Finkowski 15673 Kiowa st NW Andover, MN 55304 November 10, 1996 County Commissioner Dennis D. Berg Government Center 2100 3rd Avenue Anoka, MN 55303-2265 Dear commissioner Berg, I am writing to you again concerning the possibility of adding some form of traffic management to the intersection of County 7 and County 20 in Andover. Your initial response was that traffic lights were very expensive and many traffic control lights were needed for our area. I subsequently suggested in my reply to you in August that stop signs could be a viable alternative. I have not received your reply to this suggestion. Since that time, I have been taking my daughter to basketball practice and games at Oak View Middle School. I have found that 4 way stop signs have been installed at the intersection of Hansen and Crosstown Blvds. I would like to know how the decision was made to locate stop signs at this intersection and who I might contact to have signs reconsidered for the intersection at county Roads 7 & 20. I look forward to hearing from you. Sincerely, Jim Finkowski c .. COUNTY OF ANOKA OffICe of the County Board of.Commissioners GOVERNMENT CENTER 2100 3rd Avenue' Anoka, Minnesota 55303-2265 (612) 323-5680' December 3, 1996 DENNIS D. BERG County Commissioner District 111 Peggy and Jim Finkowski 15673 Kiowa Street NW Andover, MN 55304 Dear Peggy and Jim: The enclosed information has been assembled by the Highway Department in response to your letters. More detailed budget information can be reviewed at any of the Anoka County libraries or at the Anoka County Government Center in the Financial Services Division. You will note that the 1997 highway budget is stated as proposed. The final budget will not be approved by the county board until after the Truth in Taxation hearing scheduled for December 10, 1996, at 7:00 p.m. in the County Board Room of the Anoka County Government Center. A follow-up meeting, if needed, will be held on December 11 at 7:00 p.m. Public comment and concerns at this hearing could result in a budget cut that would reduce the proposed budget. Any support for the proposed increase would be helpful. Sincerely, ~ &'7ry- Dennis D. Berg Anoka County Commissioner DB:pd Enclosures FAX: 323-5682 Affirmative Action / Equal Opportunity Employer TDDfTTY: 323-5289 .~, . COUNTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 (612) 754-3520 FAX (612) 754-3532 JON G. OLSON, PE County Engineer , - - ~ , ' \ . '" _\ f ~ ~ ... .... MEMORANDUM "; i:c / :~:"';~f. (,"" > ':"! ;' 'f.~~~~:?~.lT\!~.f(;~~!~ c ;:-r:',';. TO: FROM: j REGARDlN . Commissioner Berg / November 25, 1996 Jon G. Olson, PE ~L- County Engineer.-' ' CSAH 7 at CSAH 20 Response to Jim Finkowski Request for Information We have assembled a fair amount of information regarding the questions proposed by Mr. and Mrs. Finkowski in their letters dated May 28, 1996; August 1, 1996; and November 10, 1996. This information summarizes the procedures used for installation of traffic control devices, analyzing the need for traffic control devices, and the legal authorization for those traffic control devices. The primary issue seems to be traffic control at the intersection of 7th Avenue (CSAH 7) and 157th Avenue NW (CSAH 20). As you are aware, a traffic count was conducted at this intersection July 19, 1994. The results of that count is that the location met warrants for signals under Warrant No.9, (four hour volumes). However, the City of Andover elected not to participate in a signal system at that location. As a result of their action no signal has been bud~eted for or proposed by Anoka County. In addition, as you have previously indIcated to the Finkowski's, geometric improvements at the intersection would have to be made in order to install a signal system. The estimated cost of these improvements is $350,000.00 at a minimum. This informatkn has also been transmitted to the Finkowski's. In their most recent letter they suggest that an all-way stop be placed at this location. Their letter goes on to explain that all-way stops are III place at several other locations throughout the County, which of course, is the case. In fact, the County Board has chosen to pass resolutions dictating the location of 4-way stops and the traffic control conditions at county intersections throughout the County. The first of these resolutions was passed on March 15th of 1973 and is shown on Page 5 and 6 of the Attachments. In addition, a traffic control change was made at intersections on Hanson Boulevard, by removing stop signs located on Hanson Boulevard at its intersection with County State Aid Highway 16 (Andover Blvd.) and County State Aid Highway 18 (Crosstown Boulevard). This change made Hanson Boulevard (CSAH 78) the thru route in these two locations and caused the side streets, or minor traffic carriers,to stop. This resolution was passed on April 23rd of 1985. On October 22, 1990, Resolution 96-140 was passed, clarifying and updating the original resolution of the County Board dated March 15, 1973. This resolution reflected the existing traffic control inplace throughout Affirmative Action I Equal Opportunity Employer -2- Anoka County and the road system changes that have occurred throughout the County since 1973 via turnbacks and construction of additional alignments. In addition to these resolutions, Anoka County passed Resolution 92-36 on April 14, 1992 which adopted the 1991 Minnesota Manual on Uniform Traffic Control Devices and authorized its implementation. This action was taken in response to some incidents which occurred on the county highway system and as a direct result of a recommendation from the County Attorney's office, indicating that the traffic control devices inplace on Anoka County roads should be backed up by this resolution and by the 1991 Minnesota Manual on Uniform Control Devices. The Manual on Uniform Traffic Control Devices contains the criteria for justifying and installing all of the signs and signals it describes. Getting back to the intersection of County State Aid Hi~hway 7 (7th Avenue) and County State Aid Highway 20 (157th Avenue NW). As mdicated above, this location met warrants for a signal system on July 19, 1994. However, warrants for all-way stops at that location was not satisfied at that time. We have also reviewed the accidents which have occurred at this intersection and it does not meet the all-way stop warrants based on the occurrence of correctable accidents. In addition, during the 1996 HES submittal process, we considered this location for a possible Hazard Elimination Safety Project. It failed to meet the criteria for inclusion in the program and consequently it was not submitted as a candidate project and therefore not funded. On Page 3 of the attached material, you will find a chart which outlines the intersection in question as well as other intersections throughout the County where 4-way stops or signal systems have been installed. You will note that the accident rate and severity rate at this location is considerably less than other locations where construction/signalization projects are currently programmed, or where traffic control changes such as all-way stop mstallations have been or are to be initiated. In particular, you can see that the accident rate is half the accident rate at the intersection of County State Aid Highway 78 and County Road 18 referred to in the latest letter from Mr. Finkowski, and the severity rate is also half of the severity rate at that location. While the Minnesota Manual of Uniform Traffic Control Devices states, "Where traffic signals are warranted, and urgently needed, the- multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installation." While this appears to be the basis for the all-way stop installation at the intersection of CSAH 9/CSAH 20 in 1989, it appears that this action may have been taken inappropriately. The term urgently needed III the above quote, , -3- should be defined by a consistent practice and in the past several years we have made an effort to maintain an appropriate method of determining where temporary stop signs should be installed pending the construction of a signal system. In the case of County State Aid Highway Number 7 and County State Aid Highway Number 20, the construction of a signal system is not pending since the City Council of Andover determined that it was not an appropriate location for a signal system. In addition, because the accident rate and seventy rates are much lower than other locations throughout the County, it does not appear to be a location where temporary stop signs should be used. As criteria for making recommendations on temporary stop signs, Anoka County has chosen to use the Hazard Elimination Safety Program Criteria Guidelines as a measuring device to define when recommendations for the installation of all way stops are brought to the Public Works Committee and the County Board for consideration. Since the accident rate is below 2, and the severity rate is still low when compared with other locations where improvements are planned, we would recommend that no change in the traffic control be made at this time. In addition, we would recommend that a manual traffic count be conducted during our next counting cycle (summer of 1997) to see if additional signal warrants can be met or if a stop warrant can be met. We would also continue to monitor this location for the occurrence of accidents and modify our current budgeting process for signal construction to allow for turn lane construction/channelization to occur as a part of our traffic signal construction program in the future. The August 1, 1996 letter from Mr. Finkowski also goes on to request that a Speed Study be authorized for County Road Number 7. It is our practice tn request Speed Studies on segments of County State Aid Highways and County Roads only after concurrence from the local units of government. We have requested that the City of Andover furnish us with a request for said speed study so that we can process that through Public Works, the County Board and to the Commissioner of Transportation for his consideration. As you are aware, only the Commissioner of Transportation has the ability to change speed limits in the State of Minnesota. We anticipate that the request for a Speed Study will be on the Public Works Agenda on December 9, 1996. The last issue raised in the August 1, 1996 letter, was the issue of budgets and tax increases since the shift in fundin~ from gas taxes to property taxes. I have enclosed on Page 18, 19, 20 and 21, ~raphs WhICh were prepared for the Public Works Committee in 1995 showing a companson of dollars expended per person/per vehicle amount of trips per day in Anoka County, as well as the amount of miles driven, relative to State Aid. In addition, on Page 22 IS a comparison of the Anoka County Highway budget for c . -4- the years 1988 through 1997 indicating a total increase in budget from the 1988 number of 9.11 percent for the ten year period. This averages of course, less than 1 percent per year. There have been a number of years where the budget has been up slightly, but the heavy losses incurred in the budgeting process in 1989 and 1990 have resulted in a nearly flat budget over the ten year period. I would like to point out that the peak in spending that occurred in the 1989, 1990 and 1991 seasons, which can best be seen on Page 18, were a result of bonding done by the Coun!y to reconstruct several bridges and improve several roadways throughout the County. Smce 1987, however, you can see a general downward trend in the amount of dollars spent by each person living in Anoka County with an effort of approximately $51.00 per person in 1987, and approximately $49.00 per person in 1995. On Page 19, you can see that in 1970, Anoka County generated approximately 2.2 million miles of travel per day, while in 1995, they generated approximately 7.2 million miles per day, creating additional wear and tear on the roads that takes additional maintenance dollars. During that same time, the population has increased from approximately 160,000 to 270,000 people. , As you are well aware, because of the lack of Trunk Highways in Anoka County, most of the trips in Anoka County are taken by the Anoka County Highway System. The data shown on Page 20 compares the growth in motor vehicles and population with the amount of State Aid dollars that have come into the County. State Aid has increased from approximately $2.2 million per year in 1987 to approximately $4.1 million in 1995. As you know, the 1996 number is approximately $5 rmllion. Interesting to note on this sheet that the increase in motor vehicles is very similar to the increase in population and that there is nearly one vehicle registered for every person livin~ in Anoka County. While State Aid has increased approximately $2 million over this tIme frame, it has not kept up with the inflationary costs and an increase in the tax dollar going toward highway improvements has increased by approximately $3 million over that same time frame. The Table on Page 21 compares vehicle miles travelled with construction dollars expended. Again the peak in spending in the early 1990's due to bonding is evident on Sheet 21. Again Sheet 22 compares the Anoka County Highway Department budget for the past ten year period and has resulted in a meager 1 percent increase per year over that entire length of time. Hopefully, this information will give you the basis to respond to Mr. and Mrs. Finkowski. If you have additional questions, please call Doug Fischer or Jane Pemble of my office at 754-3520 and they can help clarify issues for you. xc: EI Tinklenberg, Division Manager dmh/2CSAH7 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Mav 6. 1997 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance ~\0 Jean D. McGann I ITEM NO. Schedule of Bills REQUEST: The Andover City Council is requested to approve total claims in the amount of $449.377.94. BACKGROUND: Claims totaling $ 22.828.05 on disbursement edit list #1 dated 04-28-97 have been issued and released. Claims totaling $ 70.610.60 on disbursement edit list #2 dated 04-29-97 have been issued and released. Claims totaling $355.939.29 on disbursement edit list #3 dated 05-06-97 will be issued and released upon Council approval. Date: 05-06-97 Approved By: :4 i , ~~/ c...O'"HI .o'::J ~co'~ ......w..., "'''c cn:Jo ........ 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'" oj 01 co 0 I\) e: -ft; '" ",i OcnNC '" , 0(001\) m -. ......(0(/1"-' 3: ~ i, m ~I Z (ll' I' -'J", , < on ,Ul ... ., -f 0< 0' o "'." m n)> )>Z '" 0 "0 )>< G')m -'I'TlX'l " .....................U1Q:;1....mur,.WN_ ,00_~-r~.!;J.-~.- -. ~-- -,~ ~ ""l :. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Mav 6.1997 AGENDA SECTION ORIGINATING DEPARTM~T Enginneering .,.. Non-discussion lITEM NO. Approve Supplier/Playground Equipment REQUEST: The Andover City Council is requested to approve Minnesota Wisconsin Playground, Inc. as the supplier for playground equipment for the parks as indicated in the agenda. City Staff has reviewed the four (4) quotations provided by suppliers and have determined that Minnesota Wisconsin Playground, Inc. provided the most equipment for the 2 - 5 year old age group. @ ,.. - - "- ~ ----~ - -- .- "- - ..... / ,~ ;;>.;' , " r: ~ " / UJ " C r P-) '" \ J ;;j ,-> 1'- \ ~ J6,. -/ r.:;, \ " 0 ~ '-.) ~ ,.,., U.J \ I 'S L- \ .- "',.~ I -:,?. \ -z. 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