HomeMy WebLinkAboutCC November 6, 1996
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
Regular City Council Meeting - November 6, 1996
Call 10 Order - 7:00 PM
Resident Forum
Agenda Approval! Consent Agenda
Approval of Minutes
Discussion Items
1. Home Health Care Week Proclamation
2. Canvas Election Results
3. School Liaison Officer Position
4. Assessment Hearing/93-30/Bunker Lake Blvd. Service Road
5. Assessment Hearing/96-14/I42 10 Crosstown Blvd./SS & WM
6. Assessment Hearing/96-23/Kottkes' BuslWM
7. Public Hearing/Delinquent Utilities
8. Special Use Permit & Lease Agreement/Antenna Tower/APT Inc.
9. RezoningITimber Oaks EstatesIWoodland Development Corp.
10. Approve Preliminary PlatITimber Oaks EstateslWoodland Development Corp.
11. Drainage Plan DiscussionlRademacher (Bill's Superette)/Hanson Blvd. NW
12. Tree Preservation Policy
13. Modify Assessment Policy Guidelines/Agricultural Properties
EDA Meetin~
. 14. DTED/Met Council Contaminated Land Grant Clean-up
( . Non-Discussion/Consent Items
'5. Redemption of Bonds
.6. Special Use Permit/Antenna Tower/SBA Inc.
17. Special Use Permit/Security AnnlSBA Inc.
18. Special Use Permit/Area ID SignfTimber Oaks Estates
19. Amended Special Use PermitlPropane TanklSuperAmericall3727 Hanson Blvd. NW
20. Special Use PermitlReal Estale SignIMeadowlark HeightslREMAX Realty
21. Special Use PermitlReal Estate SignlMeadowlark Heights/IstNat. Bank, St. Croix Falls
22. Amended Special Use Permit/Mining PermitINorth Lexington Landscaping
23. Variance/5167 - 1 59th Ave NW/Mary Anderson
24. Amend Ord. #401L0t Split Ordinance
25. Amend Ord. #108/Shoreland Ordinance
26. Variance/I6087 N. Enchanled Drive
27. Hiring of Public Works Personnel
28. Extended Warranty for New Fire Dept. Vehicle
29. Accept EasementILot 26, Block 1, Meadows of Round Lake
30. Reduce EscrowlFoxberry FarmslDeveloper's Improvements
31. Reduce Escrow/Jonathan WoodslDeveloper's Improvements
32. Accept Petition/96-25/I4139 Crosstown B1vd./SS &WM
33. Accept Feasibility/96-25/14139 Crosstown Blvd./SS & WM
34. Order Feasibility Report/Trunk Sanitary Sewer & WalermainIWoodland Estates/96-26
35. Approve Request/Kottkes' Bus ServicelUtilize Ponding Area for Snow Storage
36. Approve Bids for Surplus City Property
37. Order Plans & SpecslWell #3/Maintenance/96-28
_ r 38. Approve Plans & Specs/ Well #3/Maintenance/96-28
~ 39. Approve Change Order #2/94-33/Commercial Blvd.
._ 40.. Woodland Development Lot Purchase
1. Approve Revised Grading Plan/Crown Pointe
42. Approve Revised Grading Plan/Crown Pointe East
43. GIS Joint Powers Agreement
44. Approve QuolalionlPhase II InvesligationlHeidelberger I Acre Parcel
Mavor-Council Input
Payment of Claims
Adiournment
agenda
Bookmark
Name
minutes
health
election
liaison
hear9330
hear9614
hear9623
utilities
lease
rezoning
pptoaks
bills
tree
policy
grant
bonds
tower
arm
timber
superamerica
remax
banksign
mining
anderson
ord40
shoreland
enchanted
publicworks
warranty
easement
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phaseIl
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: November 6. 1996
AGENDA SECTION
ORIGINATING DEPARTMENT
ITEM NO.
Approval of Minutes
City Clerk
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Approval of Minutes
The City Council is requested to approve the following minutes:
October 15, 1996
Regular Meeting
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: November 6. 1996
AGENDA SECTION
Discussion Items
ORIGINATING DEPARTMENT
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ITEM NO.
Proclamation/Home Health Care Month
City Clerk
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Attached is a proclamation for Home Health Care Month.
Someone from the Loftus Center will be present to accept the proclamation.
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PRO C LAMA TION
WHEREAS. Andover citizens of all ages and economic levels are concerned about high-
quality, affordable, long-term health care. Home care provides a wide range of these
needed health and supportive services to the ill, elderly, disabled and infirm in their own
homes. The concept of home care is the oldest and most enduring tradition of health
service delivery in the United States of America.
WHEREAS. Surveys show that most people prefer to receive medical care and related
supportive services in their own homes. There is also a significant and growing body of
evidence that home care services stimulate quicker and fuller recoveries and
improvements than comparable services within institutions.
WHEREAS. Home care allows our disabled and chronically ill citizens of all ages to
remain with their loved ones in surroundings that are familiar and comfortable. In so
doing, home care helps preserve one of the country's most important social values,
keeping families together.
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WHEREAS. As our citizens require more in-home care, Andover home care agencies are
meeting that challenge. Home care agencies are providing services ranging from
assistance with personal care to high-tech intravenous drug therapies.
WHEREAS. With rapidly rising health care costs, home care offers a practical means of
providing health care and related services to those who desperately need them. By
offering these services in the home, we can treat our elderly, disabled, and chronically ill
population comfortably, cost-effectively, and with high-quality, individualized health
care and supportive services.
NOW. THEREFORE. BE IT RESOLVED. I, J.E. McKelvey, Mayor of the City of
Andover do hereby proclaim November 1996, as Home'Care Month and affix the Seal of
the City of Andover.
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U.E. McKelvey - Mayor
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: November 6. 1996
AGENDA SECTION
Discussion Items
ORIGINATING DEPARTMENT
ITEM NO. ~ .
Canvass Election Results
City Clerknl
The City Council is requested to canvass the results of the local election which was
held on November 5, 1996.
The resolution will be provided at the meeting.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 6.1996
AGENDA
SECTION
ADMINISTRA nON
Richard Fursman
Discussion
ITEM NO.
3.
School Liaison Officer Position
Request:
The City Council is requested to consider the establishment of a School Liaison Officer in a joint effort
with Andover schools and the Anoka County Sheriff.
The objective of the position is for a juvenile officer to investigate as many cases involving juveniles as
possible. The officer will also assist other officers in juvenile cases and maintain liaison with other
agencies and organizations involved in juvenile matters.
The juvenile officer is placed in the school environment to identify, correct and prevent delinquent
behaviors and activities. The juvenile officer will have the responsibility to create a positive position, in
an effort to improve youth attitudes toward police and authority figures.
The complete position description is attached for your review.
Q: What is theyearly cost of the position?
A: The first year (January 1,1997 - December 31,1997) costs have been identified as $50,052.
Q: How will the position befunded?
A: Andover received a COPS grant of $75,000 for the
establishment of a community policing element. The grant
allocates $30,000 the first year $25,000 the second and
$20,000 the third year. The school district will be able to
pay $15,000 the first year, with the remainder coming from
the Andover 1997 budget.
Q: What happens to the officer when the school is closed over the summer and holidays?
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A: The officer is then available to Andover for additional patrols.
County and School representatives will be present to answer questions.
Liaison Officer
1997
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Deputy at $2,604 .................................................................................................$31,248
PERA ......................................................................................................................3,562
Medicare ... ........ ...... ....... .................. ....... ..... ......... ... ... ........ ................... ........ ...... ..... .45 3
Severance ...................... ...................... ................................ ..................................... ..312
Unemployment .................. .......... ........ ................................. .................................. .....78
Life Insurance ..... ........ ............. ...................... .............. ................... ................ ...... ...... ..17
Dental Insurance ....................... ........................ ............ ............... .......................... .....263
Health Insurance ........... .............. ....... .............. .............. ........ ...... ............................3,360
Long-Term Disability .... ...................... .................... ........... ................. .............. .......... .97
Workers' Comp ............... ....... ........................... ............ .................................. ...... ...... 812
Clothing Allowance ...... ............... ...... ................ ................ ...................... .......... 400
$ 9,354
Vehicle ..................... ............. .................. ....... ........... ........... ....... ............... ..... .....$ 7,000
Insurance ............. ....... .... ............. ...... ............. ............ ..... ............... ............... ... ........ ....450
Gas, Oil, Maintenance ......................................................................................... 2 000
$ 8,450
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TOTAL: $ 50,052
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ANOKA COUNTY SHERIFF'S OFFICE
DRAFT
SCHOOL LIAISON OFFICER
OBJECTIVE OF POSITION:
The Juvenile Officer will investigate as many cases involving juveniles as possible, assist
other officers in juvenile cases and maintain liaison with other agencies and organizations
involved in juvenile matters.
The Juvenile Officer is placed in the school environment to identify, correct and prevent
delinquent behaviors and activities; as well as creating a positive position to become an
important change agent in the relationship in youth attitudes toward police and authority
figures.
To work with and through school administrators, counselors and teachers to develop better
understanding and a more positive attitude among students as to the role of a police officer.
MAJOR AREAS OF ACCOUNTABILITY:
The Juvenile Officer must perform within the guidelines of approved departmental police
procedure and techniques for daily law enforcement and public safety duties while working in
the school.
The Juvenile Officer has to adhere to all established school policies and procedures, although
the Juvenile Officer is an employee of the city, while in school he is responsible to the
building principal and his police supervisor.
Maintains liaison with assistant principles at the senior and the junior high school and with
the various elementary principles on law enforcement matters,
Conducts follow-up investigations on incidents that occur within the school system or as
assigned.
Makes routine checks of school buildings and parking lots for apparent or
potential violations of the law,
Available to assist student counselors and teachers with problem cases.
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Counsels with students as requested or as appropriate on matters related to law
enforcement and as a means of preventing juvenile delinquency problems to
develop,
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Available to classroom teachers in matters relating to the field of law enforcement which may
involve such matters as:
Career days .
Drugs and the problems related thereto, etc.
Attends special school functions, athletic events, graduations, etc. as requested or assigned.
Assists in the establishing and coordinating a cooperative community approach between
schools, parents, police and other resources in identifying and developing programs to meet
the special needs and problems of the community.
Reviews Department policies and procedures relating to juvenile matters and recommends
revisions as required.
Keeps fellow police officers informed of developments within the juvenile justice system
which they will need to know to perform effectively as law enforcement officers within the
community.
SKILLS, KNOWLEDGE AND ABILITY:
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To coordinate services available to juveniles in the community from service and
law enforcement agencies.
To gain cooperation, support and assistance with the area church organizations,
County welfare, County court services and the Juvenile Court, County and City
law enforcement, and other agencies in the community.
To implement and maintain effective referral channels, by which the officer
may refer to the school staff. Students with a school related problem they in
turn may refer a student to himlher for assistance or referral to the proper
agency.
To provide follow-up services for referrals made to the Juvenile Officer by
other agencies than the schools, the local law enforcement agencies and other
agencies who deal with delinquency prevention and law infractions.
To more readily obtain necessary help when it is needed, by knowing the
students and the problems they are likely to encounter.
To act as liaison among the students, the school, the community and the police
department.
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To attempt to identify problems and take positive steps to correct them in the
best interest of the youth involved.
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To meet as needed, with personnel team (counselors, principal, probation
officers, etc.) to discuss problems with or about individual students.
To meet as needed with members of the personnel team and police department
representatives to discuss individual student and study body problems, which
affect school or police department objectives.
To counsel with students on minor law infractions and other problems they may
wish to talk about.
To counsel with parents on a child's behavior that has led or might lead to a
law infractions.
To remain current on changes in statutes, court rulings and legal practices, and
make recommendations for appropriate revisions in Department policies and
procedures to implement appropriate responses to these changes.
To develop a Criminal Justice Education Program aimed at the educational
needs of the students, following education policies of the school and of
curriculum development.
To assist school staff in formulating and providing information for the
educational program.
To meet with personnel team and police department officials to determine
needs, goals, objectives and format for a Criminal Justice Education Program.
To participate in discussions on law enforcement and related areas, when
requested by the school and community.
To provide educational materials and lectures for the students, the school staff
and the community on juvenile problems and problem areas; available
assistance services for the students and their parents; and other topics deemed
important.
To assist in the classroom in teaching of physical, mental and social effects of
alcohol and narcotic use and abuse.
To instruct in the classroom the role of the police officer in the community and
the socio-psychological aspects of law enforcement and the effect on the officer
and the community.
To train school staff in matters of school security, symptoms of drug abuse, etc.
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To prevent activities which lead or could lead to delinquent behavior and/or
activities.
To identify trouble areas and incidents that could be harmful to a child
(molesters, traffic problems, drug dealers, etc.)
To know and to watch known troublemakers and those likely to get involved in
delinquent activities; many incidents can be prevented.
To prevent delinquent behavior and activities as a result of an establishment of
a favorable rapport between the Juvenile Officer and students.
To act as a resident friend, counselor and listener to the youth with personal
problems. This role was likened to that of an ombudsman, to whom the
student could turn to for help and guidance.
To maintain the police image. The Juvenile Officer is responsible for the
enforcement of city and state law, but whose treatment is fair and recognizes he
is working in a juvenile environment. The Juvenile Officer must assure the
students and the staff that he is not in the school to create a police statue; he is
there to assist the administrative staff and students.
To promote more informal contacts between the students and the police. To
increase communication and understanding between the two.
To utilize modern communication methods to keep informed of activities
involving juveniles within the school system.
Ability to meet all other accountabilities and perform criteria defined for patrol
officer position.
To provide classroom instruction in the areas of shoplifting and vandalism,
babysitting (especially as it pertains to emergency situations), bus and
pedestrian safety, child abuse/neglect and careers in law enforcement.
To maintain liaison with school's administration and department chairpersons.
To provide effective communication and program evaluations and development.
To meet with the principal periodically to review and evaluate the Criminal
Justice Education Program.
Maintains a good work rapport with school administrators and faculty so that
matters of mutual interest are being effectively handled.
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Proven ability to communicate effectively with students, individually and in
classroom groups.
Ability to meet all other accountabilities and performance criteria defined for
Patrol Officer position.
QUALIFICA nONS:
Must have served two years with the Anoka County Sheriff's Department.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE:
November 6 1996
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
ITEM NO. l{.
Assessment Hearing/93-30/Bunker Lake
Boulevard Service Road
Scott Erickson~t
Engineering
The City Council is requested to approve the resolution adopting the assessment roll for the
improvement of sanitary sewer, watermain, street and storm sewer for Project 93-30, Bunker
Lake Boulevard Service Road.
The assessments are higher than originally anticipated as the land acquisition costs and the
construction interest exceeded the original estimate.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member
to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE
IMPROVEMENT OF SANITARY SEWER WATERMAIN STREET AND STORM
SEWER . PROJECT NO. 93-30. BUNKER LAKE BOULEVARD SERVICE ROAD.
WHEREAS. pursuant to proper notice duly given as required by law. the
City Council has met and heard and passed upon all objections to the proposed
assessment for the improvements.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. Such proposed assessment. a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the assessment
levied against it.
Such assessment shall be payable in equal annual installments, extending
over a period of 10 years. the first of the installments to be payable on or
before the first Monday in January. 19~ and shall bear interest at a rate of _
7 percent per annum from the date of the adoption of this assessment
resolution.
2. The owners, of any property so assessed may, at any time prior to certification
of the assessment to the County Auditor, pay the whole of the assessment on
such property. with interest accrued to the date of payment, to the City
Treasurer.
MOTION seconded by Councilmember
and adopted by the
City Council at a regular meeting this 6th day of November, 19.Jlli...... with
of the resolution, and Councilmembers
against. whereupon said resolution was declared passed.
voting in favor
voting
Councilmembers
CITY OF ANDOVER
ATTEST:
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J.E. McKelvey - Mayor
Victoria Volk - City Clerk
OCT-10-1996 16:03
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TKDA
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612 292 0083 P. 02/05
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1\NDSNBR SPEC:tAL ASSES9Mlm'rS
PROrJECT NAME ~\1nk@,. Y.u@ "lvt1 ",..nn~,.W' Rd
rEASI~ILITY STUDY: Date
11/1/94
CONTRACT AWARD:
Phase I -
phiLse II -
Date S~pt~mh~r 7. 1994
Date March 7. 1995
FINAL CONTRACT COST
Eng~eering (TBDA):
Aerial. Mapping (1\ o~
Drainage Plan (0.3 of
Administration (3\)
Assessing (1\)
Bonding (0.5\)
Legal and Eas~ent
Advertilling
City Costs
Test.ing:
street)
street/ sto=)
Braun Intert.~(!
S~r(!o Laboratories
Constructoin :Interest (6\)
AlllOunt $
PROJECT NO.: c)~-30
4B3.555.00
amount $
AlllO\1ftt $
$ 1.50 5~S !is
S 1. 5!,;1 70
S 747 63
S 15,772.00
S 5,257.33
S 2.628.67
$ 35,999_60
~ 358 09
S 5.624 18
S 2_355 14
S 18 00
$ 46.707.63
TOTAL EXPENSES (% of Final Contract Cost - 50.8921%)
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'..ASEMENT Ar.QUTSTTTON COSTS
Edward Prater/John IlUrer etal
ABC Mini St.orage - Parcel 5
Edward Prater - Parcel 11
John .. Sheila llUre and Kot.tke Bus
farcel 7
Murphy Oil - Parcel 6
Kottkes' ~us Service - Parcel 1
Kottkes' Bus Service - Parcel 2
Kattkes' Bus Serviee - Parcel 3
Kott.kes' Bus Service - Parcel 4
TOTAL EASEMENT ACQUISITION COSTS
TnTAT. r.ONnY~ATTON COSTS
TOTAL PROJ1!:CT COST
I
$ 7.600.00
S 1. 'I 05fi 1. 4
S 38,000 00
$ 500.00
S 5.4~1 00
S 15.804.47
S 20.374 27
$ 50,239 58
$ 4.886.55
82,075 ~5
381.772.50
$ 525.733 37
+ S 267 556 6:'1
S 155.952 01
+ $
S 949.242.01
U~I-~~-~~~O ~b.~4
I KJ..IH
. Total Project Cost SummerY
StreelsJRestoration (33' Road East-West)
StreetslRestoralion (36' Road Narth-South)
Storm Sewer (33' Road East-West)
Stonn Sewer (36' Road North-South)
Sanitary Sewer
Watermain
Total
Ananc/ng Summary
Kottkes'
Bus
Service
StreetsIRestoration N1A
(33' Rd. East-West)
StreetsIRestoration $7,722..75'
(36' Rd, North-South)
Slorm Sewer N1A
(33' Rd East-West)
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Slorm Sewer
(36' Rd. North-South)
Sanitary Sewer
Watennaln
Totals
N/A
N1A
N/A
$
City
Share
Cost
o
o
o
5,300.00'
o
37.317.2?2
$42,617.27
Right-of-way,
Eng/neemg
Legal
Construction Admln~ cdion
Cost Cost
$88,720.72
188,531.32
27,889.14
66,150.74
65,556.02
88.885.43
$525.733.37
$71,471.01
151,874.22
22,467.66
53,289.59
52,802.46
71.603.72
$423,508.64
City
T1F
Cost
Assessed
Cost
$120,143.80' $40,047.93
166,341.4lf 174.064.14
37,767_601 12,589.20
57,070.16'
57,070.17
59,179.24"
61.585.~1.
$502,088.13
59,179.24
61 585 93
$404,536.61
Total City T1F Cost = $42.617.27 + 502.088.13 '" $544,705.40
b12 2~ ~ P.~
Total
$160.191.73
340,405.54
50,356.80
119,440.33
118.358.48
160.489.13
$949,242.01
Total
Cost
$160.191.73
340,405.54
50,356.80
119,440.33
118,358.48
160.489.13
$949,242.01
1 TlF fund to be 1l:SpOnsible for7S% of the cost, since tbeteis oae sided frontage.
2 TIP fund to be responsible for SO% of the cost
3 City sture cost is oversizing cost 12" DIP in lieu of 10" DIP and Watermain cost between Parcels 6 and 7.
Parcels 6 and 7 were assessed wilh Commerlca1 Boulevard NW, Project 92-27 ($13,318 + 7350) x 1.8056 =
$37317.27.
4 Kottkes' Bus Service (pIN 34-32-24-41-0007) to be I'CSpODsible for 100% oftbe cost to construct driveway and
ret~g w:illloc.ated 011 the parcel.
5 City Share Cost for lepair of stonn sewer outlet at Hidden Creek East 5th Addition (C1:mge Order No.1).
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE:
November 6. 1996
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
::;.
ITEM NO.
Assessment Hearing/96-14/1421 0 Crosstown
Boulevard NW/Sanitary Sewer & Watermain
Scott Erickson, ~(
Engineering
The City Council is requested to approve the resolution adopting the assessment roll for the
improvement of water main for Project 96-14,14210 Crosstown Boulevard NW
The proposed assessment is based on 1996 rates and they are as follows:
/
Watermain
Area Charge
Connection Charge
Lateral Charge 100 ft. x $24
FF
Previously Paid
$1,225
$2.400
$3,625
Sanitary Sewer
Area Charge
Connection Charge
Lateral Charge 100 ft. x $24
FF
Previously Paid
$290
$2.400
$2,690
Total proposed assessment for watermain and sanitary sewer is $6,315.00.
"
/
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member
to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE
IMPROVEMENT OF SANITARY SEWER & WATERMAIN ,PROJECT NO. 96-14.
14210 CROSSTOWN BOULEVARD NW.
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to the proposed
assessment for the improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the assessment
levied against it.
Such assessment shall be payable in equal annual installments, extending
.I over a period of 5 years, the first of the installments to be payable on or
before the first Monday in January, 19.JIT.. and shall bear interest at a rate of _
7 percent per annum from the date of the adoption of this assessment
resolution.
2. The owners, of any property so assessed may, at any time prior to certification
of the assessment to the County Auditor, pay the whole of the assessment on
such property, with interest accrued to the date of payment, to the City
Treasurer.
MOTION seconded by Councilmember
and adopted by the
City Council at a regular meeting this 6th day of November , 19~, with
of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
voting in favor
voting
Councilmembers
CITY OF ANDOVER
ATTEST:
J
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"
. ./
DATE: November 6. 1996
ITEM NO. ro.
Assessment Hearing/96-23/Kottkes'
Bus Service, Inc./Watermain
ORIGINATING DEPARTMENT
Scott Erickson,d~
Engineering
AGENDA SECTION
Discussion Item
The City Council is requested to approve the resolution adopting the assessment roll for the
improvement of watermain for Project 96-23, Kottkes' Bus Service, Inc. (13625 Jay Street
NW).
Total proposed assessment for watermain is $13,997.00.
)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE
IMPROVEMENT OF WATERMAIN ,PROJECT NO. 96-23 KOTTKES' BUS
SERVICE INC. (13625 JAY STREET NW).
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to the proposed
assessment for the improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
I
1. Such proposed assessment, a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the assessment
levied against it.
Such assessment shall be payable in equal annual installments, extending
over a period of 5 years, the first of the installments to be payable on or
before the first Monday in January, 19..Jrr. and shall bear interest at a rate of_
7 percent per annum from the date of the adoption of this assessment
resolution.
2. The owners, of any property so assessed may, at any time prior to certification
of the assessment to the County Auditor, pay the whole of the assessment on
such property, with interest accrued to the date of payment, to the City
Treasurer.
MOTION seconded by Councilmember
and adopted by the
City Council at a regular meeting this 6th day of November , 19....9..6...-, with
of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
voting in favor
voting
Councilmembers
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"
J
DATE November 6.1996
AGENDA SECTION
Public Hearing
ORIGINATING DEPARTMENT
Finance <0....0""-
Jean D. McGann
lITEM NO. 1.
Assessment Hearing/Certify
Delinquent Utility Bills
BACKGROUND:
. /
The owners of the parcels with delinquent sewer, water and/or street lighting service charges have been
notified of the proposed assessment and certification process. The delinquent balance for the proposed
assessment totaled $15,221.70 as of October 28,1996.
Notice of the assessment hearing was mailed to affected property owners on October 2. 1996. Payments
received through October 25 have been applied to the delinquent accounts, reducing the delinquent balance to
$15,221.70. An administrative fee equal to 15 percent of the delinquency plus interest of8 percent is added to
each delinquent account. Therefore, the total assessment for delinquent sewer, water and street light services is
$18,722.69.
REQUEST:
The Andover City Council is requested to approve the attached resolution adopting the assessment roll after the
Council has met, heard and passed upon all objections for delinquent sewer, water and street lighting service
charges.
The resolution adopting the assessment roll is attached.
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION
OF DELINQUENT SEWER, WATER AND/OR STREET LIGHTING SERVICE
CHARGES.
WHEREAS, pursuant to a proper notice duly given as required by law, the council
has met, heard and passed upon all objections to the proposed assessment fro the delinquent
sewer, water and/or street lighting service charges.
NEW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against to lands named
therein, and each tract of land therein included is hereby found to be benefited by the
I proposed improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in one annual installment on or before the first
Monday of January, 1997 and shall bear interest at the rate of 8 percent per year.
3. The owners, of any property so assessed may, at any time prior to certification of
the assessment to the County Auditor, pay the whole of the assessment on such property
with interest accrued to the date of payment, to Anoka Electric Cooperative, except that no
interest shall be charged if the entire assessment is paid within 30 days from the adoption of
the resolution.
Motion by Council member , seconded by Council member
and_ adopted by the City Council ofthe City of Andover on this 6th day of November, 1996.
CITY OF ANDOVER
ATTEST:
Victoria V olk - City Clerk
J.E. McKelvey, Mayor
/
Page 1
1996
List of Delinquent Utility Bills
i To Be Assessed to County Auditor
/
Amt. Certified
PIN# Service Address Amount Including 8%
32-32-24-13-0048 3454 - 138th Court NW 220.38 271.07
32-32-24-13-0047 3462 - 138th Court NW 77.69 95.56
32-32-24-24-0049 3759 -138th Lane NW 194.75 239.54
35-32-24-14-0030 898 -138th Avenue NW 4.80 5.90
35-32-24-12-0044 1098 - 139th Lane NW 103.28 127.03
33-32-24-21-0052 2955 - 139th Avenue NW 26.40 32.47
33-32-24-21-0053 2971 -139th Avenue NW 26.40 32.47
32-32-24-21-0069 3706 - 139th Lane NW 83.14 102.26
32-32-24-21-0074 3719 -139th Avenue NW 76.50 94.10
35-32-24-14-0024 937 -139th Avenue NW 84.81 104.32
/
26-32-24-33-0028 1442 -140th Lane NW 12.60 15.50
26-32-24-33-0027 1454 -140th Lane NW 177.15 217.89
32-32-24-11-0030 3244 - 140th Avenue NW 26.40 32.47
32-32-24-11-0020 3265 - 140th Avenue NW 155.47 191.23
32-32-24-11-0025 3316 - 140th Avenue NW 308.51 379.47
32-32-24-11-0054 3325 -140th Avenue NW 262.62 323.02
32-32-24-12-0007 3491 - 140th Lane NW 122.62 150.82
35-32-24-11-0057 856 - 140th Lane NW 25.47 31.33
35-32-24-11-0056 868 -14Oth Lane NW 154.65 190.22
27-32-24-34-0071 2083 - 141 st Avenue NW 129.19 158.90
27-32-24-33-0070 2220 -1415t Lane NW 45.18 55.57
) 27-32-24-33-0032 2326 -141st Lane NW 116.77 143.63
29-32-24-43-0037 3552 -1415t Lane NW 41.73 51.33
Page 2
1996
List of Delinquent Utility Bills
: To Be Assessed to County Auditor
/
Amt. Certified
PIN # Service Address Amount Including 8%
29-32-24-34-0061 3614 - 141st Lane NW 26.40 32.47
29-32-24-34-0054 3659 - 141st Lane NW 26.40 32.47
29-32-24-34-0056 3684 -141st Lane NW 11.73 14.43
27-32-24-34-0021 2114 - 142nd Lane NW 50.92 62.63
29-32-24-43-0088 3441 -142nd Avenue NW 34.10 41.94
26-32-24-22-0076 1464 - 147th Avenue NW 124.00 152.52
26-32-24-22-0004 1455 - 148th Lane NW 7.22 8.88
26-32-24-22-0049 1490 - 148th Avenue NW 119.59 147.10
15-32-24-31-0025 2118 - 159th Lane NW 12.44 15.30
08-32-24-43-0009 3481 - 165th Lane NW 39.04 48.02
,
08-32-24-43-0002 3537 - 166th Lane NW 24.28 29.86
09-32-24-41-0005 2569 - 168th Lane NW 46.44 57.12
09-32-24-42-0016 2686 -168th Lane NW 46.44 57.12
09-32-24-42-0015 2762 - 168th Lane NW 46.44 57.12
08-32-24-31-0011 3629 -168th Lane NW 46.44 57.12
08-32-24-31-0009 3707 -168th Lane NW 46.44 57.12
27-32-24-42-0005 1836 Andover Blvd NW 231.77 285.08
32-32-24-22-0058 14028 Aztec Street NW 88.94 109.40
23-32-24-34-0008 14971 Bluebird Street NW 219.27 269.70
33-32-24-14-0018 2461 Bunker Lake Blvd NW 132.00 162.36
33-32-24-32-0039 3112 Bunker Lake Blvd NW 180.00 221.40
) 27-32-24-32-0019 2312 So. Coon Creek Drive NW 205.30 252.52
27-32-24-32-0062 2349 So. Coon Creek Drive NW 139.05 171.03
Page 3
1996
List of Delinquent Utility Bills
" To Be Assessed to County Auditor
Amt. Certified
PIN # Service Address Amount Includinl} 8%
28-32-24-32-0009 3018 So. Coon Creek Drive NW 22.39 27.54
29-32-24-42-0029 3419 So. Coon Creek Drive NW 133.99 164.81
26-32-24-32-0012 14399 Crane Street NW 84.43 103.85
23-32-24-33-0022 15022 Crane Street NW 150.50 185.12
27-32-24-33-0056 14270 Crosstown Blvd NW 131.52 161.77
27-32-24-31-0008 14351 Crosstown Blvd NW 266.50 327.80
26-32-24-22-0021 14794 Eagle Street NW 12.66 15.57
33-32-24-21-0051 13910 Eidelweiss Street NW 26.40 32.47
33-32-24-21-0050 13920 Eidelweiss Street NW 26.40 32.47
, 33-32-24-21-0048 13940 Eidelweiss Street NW 26.40 32.47
/
30-32-24-41-0006 14440 Eldorado Street NW 12.58 15.47
27-32-24-11-0067 14749 Grouse Street NW 281.21 345.89
33-32-24-21-0043 13917 Heather Street NW 26.40 32.47
33-32-24-22-0031 13924 Heather Street NW 180.80 222.38
33-32-24-21-0045 13945 Heather Street NW 26.40 32.47
27-32-24-14-0081 14540 Ibis Street NW 535.98 659.26
34-32-24-44-0054 13321 Jay Street NW 51.61 63.48
34-32-24-43-0010 13466 Jay Street NW 105.95 130.32
34-32-24-44-0025 13485 Jay Street NW 70.65 86.90
27-32-24-11-0089 14717 Jay Street NW 76.92 94.61
29-32-24-41-0033 14367 Jonquil Street NW 104.56 128.61
\ 29-32-24-41-0036 14409 Jonquil Street NW 217.39 267.39
'. J
29-32-24-41-0028 14436 Jonquil Street NW 91.08 112.03
Page 4
1996
List of Delinquent Utility Bills
To Be Assessed to County Auditor
,
Amt. Certified
PIN# Service Address Amount Including 8%
34-32-24-43-0038 13398 Martin Street NW 95.24 117.15
32-32-24-41-0019 13564 Narcissus Street NW 26.40 32.47
34-32-24-34-0051 13349 Nightingale Street NW 64.33 79.13
35-32-24-14-0048 13849 Palm Street NW 74.84 92.05
35-32-24-11-0035 13987 Palm Street NW 40.20 49.45
35-32-24-11-0037 14011 Palm Street NW 73.50 90.41
35-32-24-11-0044 14018 Palm Street NW 150.46 185.07
34-32-24-24-0067 13773 Partridge Street NW 192.91 237.28
27-32-24-31-0014 14357 Partridge Street NW 20.73 25.50
, 32-32-24-13-0037 13816 Quay Street NW 169.37 208.33
,
32-32-24-12-0066 13983 Quay Street NW 22.84 28.09
29-32-24-43-0082 14206 Quay Street NW 34.10 41.94
29-32-24-43-0083 14212 Quay Street NW 34.10 41.94
29-32-24-43-0087 14217 Quay Street NW 34.10 41.94
29-32-24-43-0084 14218 Quay Street NW 34.10 41.94
29-32-24-43-0086 14223 Quay Street NW 34.10 41.94
29-32-24-43-0085 14224 Quay Street NW 34.10 41.94
35-32-24-11-0019 13986 Quince Street NW 70.52 86.74
26-32-24-44-0004 14098 Quince Street NW 163.89 201.58
26-32-24-41-0004 14276 Quince Street NW 6.00 7.38
26-32-24-41-0007 14306 Quince Street NW 14.60 17.96
, 34-32-24-23-0045 13776 Raven Street NW 75.10 92.37
)
34-32-24-23-0026 13835 Raven Street NW 139.51 171.60
Page 5
1996
List of Delinquent Utility Bills
To Be Assessed to County Auditor
Amt. Certified
PIN# Service Address Amount Includina 8%
27-32-24-33-0046 14290 Raven Street NW 29.01 35.68
32-32-24-13-0028 13872 Rose Street NW 177.62 218.47
29-32-24-43-0081 14209 Rose Street NW 34.10 41.94
29-32-24-43-0075 14210 Rose Street NW 34.10 41.94
29-32-24-43-0080 14219 Rose Street NW 34.50 42.44
29-32-24-43-0076 14220 Rose Street NW 34.10 41.94
29-32-24-43-0079 14229 Rose Street NW 34.10 41.94
29-32-24-43-0078 14240 Rose Street NW 34.10 41.94
08-32-24-43-0003 16680 Rose Street NW 21.10 25.95
"- 29-32-24-13-0004 14516 Round Lake Blvd NW 59.85 73.62
29-32-24-13-0024 14536 Round Lake Blvd NW 36.98 45.49
32-32-24-13-0016 13864 Silverod Court NW 79.68 98.01
32-32-24-12-0055 14001 Silverod Street NW 315.45 388.00
29-32-24-43-0068 14208 Silverod Street NW 34.10 41.94
29-32-24-43-0069 14216 Silverod Street NW 20.30 24.97
29-32-24-43-0072 14223 Silverod Street NW 34.10 41.94
29-32-24-43-0070 14224 Silverod Street NW 20.30 24.97
29-32-24-43-0071 14232 Silverod Street NW 27.50 33.83
34-32-24-23-0038 13829 Swallow Street NW 172.58 212.27
15-32-24-32-0039 15911 Swallow Street NW 11.00 13.53
35-32-24-14-0009 13815 Sycamore Street NW 4.31 5.30
\ 35-32-24-13-0059 13840 Sycamore Street NW 169.45 208.42
35-32-24-13-0059 13840 Sycamore Street NW 169.45 208.42
Page 6
1996
List of Delinquent Utility Bills
\ To Be Assessed to County Auditor
Amt. Certified
elN.11 Service Address Amount Includina 8%
35-32-24-13-0062 13870 Sycamore Street NW 3.82 4.70
32-32-24-21-0008 14054 Underclift Street NW 153.24 188.49
32-32-24-21-0008 14054 Underclift Street NW 104.13 128.08
34-32-24-33-0006 13440 Uplander Street NW 38.64 47.53
27-32-24-32-0009 2359 Uplander Drive NW 234.81 288.82
35-32-24-13-0031 13788 Vale Street NW 194.15 238.80
26-32-24-43-0010 14183 Vale Street NW 5.19 6.38
26-32-24-43-0004 14255 Vale Street NW 13.20 16.24
29-32-24-31-0146 14339 Vintage Street NW 126.93 156.12
" 35-32-24-13-0009 13907 Wintergreen Street NW 63.28 77.83
35-32-24-13-0009 13907 Wintergreen Street NW 63.28 77.83
29-32-24-31-0117 14346 Woodbine Street NW 41.09 50.54
33-32-24-44-0009 13532 Xavis Street NW 79.15 97.35
33-32-24-41-0039 13659 Xavis Street NW 214.49 263.82
26-32-24-42-0015 14329 Xeon Street NW 342.23 420.94
26-32-24-42-0008 14423 Xeon Street NW 84.83 104.34
35-32-24-21-0024 14037 Yellow Pine Street NW 17.85 21.96
09-32-24-44-0016 16651 Zion Street NW 116.91 143.80
TOTALS 15,221.70 18,722.69
"
Page 7
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
November 6,1996
DATE
AGENDA SECTION
t>n Discussion
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
ITEM
t>n
cj.
Jeff Johnson
Planning
~
REOUEST
The City Council is asked to review the Special Use Permit request of American Portable
Telecom, Inc. to erect nine (9) wireless communication antennas on top or 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.
The property is zoned R-l, Single Family Rural
BACKGROUND INFORMATION
APT, Inc. is proposing to erect wireless communications antennas (antenna height equal
to seven [7] feet) on top of the existing water tower (tower height equal to 169 feet from
ground level) for a total height of 176 feet.
APT, Inc. plans to enter into a lease agreement with the City of Andover to lease
approximately 140 square feet inside the water tower to store wireless communications
equipment and lease a portion on top off the water tower in which directional antennas
will be mounted. There will be three (3) groups of three (3) antennas located at 0,120
and 240 degrees.
\
r )
For further information, please consult the attached minutes from the October 22, 1996
Planning and Zoning Commission meeting and the staff report.
MOTION BY:
SECOND BY:
Page Two
Special Use Permit
Antenna in Excess of Thirty-Five Feet (35) Feet
American Portable Telecom
1717 Crosstown Boulevard NW
November 6,1996
PLANNING AND ZONING COMMISSION REVIEW
The Planning and Zoning Commission at their October 22, 1996 meeting reviewed the
request and recommends to the City Council approval of the Special Use Permit.
APT, Inc. will be submitting to staff detailed construction drawings. These drawings will
need to be reviewed, stamped and approved by staff prior to construction.
LEASE AGREEMENT AND RESOLUTION
/
Please find attached a lease agreement and resolution for approval that has been reviewed
by the City Attorney. Please review and feel free to comment.
.' ,
'-- /
'.
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (612) 755-5100
)
PLANNING AND ZONING COMMISSION MEETING - OCTOBER 22, 1996
MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning
Commission was called to order by Chairperson Jay Squires on October 22,
1996, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Commissioners present:
Maynard Apel, Lynnette Barry, Jeffrey
Luedtke, Randy Peek
Jerry Putnam, Lorna Wells
Planning Intern, John Hinzman
City Planning, Jeff Johnson
Community Development Director, Dave Carlberg
Others
Commissioner absent:
Also present:
APPROVAL OF MINUTES
October 8, 1996: Correct as written.
\ MOTION by Peek, Seconded by Barry, to approve the Minutes as written.
I Motion carried on a 3-Yes (Squires, Barry, Peek); 2-Present (Apel,
Luedtke); 2-Absent (Putnam, Wells) vote.
PUBLIC HEARING: SPECIAL USE PERMIT - ANTENNA TOWER IN EXCESS OF 35 FEET
- 1717 CROSSTOWN BOULEVARD NW - APT, INC.
7:01 p.m. Mr. Johnson reviewed the request of American Portable Telecom
to erect wireless communication antennas on top of the existing water
tower at 1717 Crosstown Boulevard NW, The antennas would be
approximately seven feet above the tower, a total height from the ground
of 176 feet. APT will enter into an agreement with the City of Andover
to lease approximately 140 square feet inside the tower to store
wireless communications equipment, plus lease a portion on top of the
water tower in which the three groups of directional antennas will be
mounted. The antennas do comply with all ordinance requirements. This
is the first request the City has received for the placement of wireless
communication antennas on top of the water towers. Commissioner Barry
asked about the possible conflict with City's radio transformers.
Chuck Wendel, Cellular Realtv Advisors. Inc. stated they have a
license from the FCC, and their frequencies are very carefully
controlled. There should be no interference with the radio system.
They often put their antennas on other structures where three, four or
'. five other uses are around; and there isn't a problem.
/
MOTION by Peek, Seconded by Luedtke, to open the public hearing. Motion
carried on a 5-Yes, 2-Absent (Putnam, Wells) vote_ 7:10 p.m. There was
no public testimony.
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 22, 1996
~ Page 2
(Public Hearing: Special Use Permit/Antenna Tower/1717 Crosstown
Boulevard - APT, Inc., Continued)
MOTION by Barry, Seconded by Luedtke, to close the public hearing.
Motion carried on as-Yes, 2-Absent (Putnam, Wells) vote. 7:10 p.m.
Mr. Johnson stated one of the conditions of the Special Use Permit is
the ability of the City to conduct an annual review and site inspection.
Commissioner Peek asked if the applicant would be able to install
additional antenna that may project further.
Mr. Wendel - stated they did not anticipate needing more than the three
groups of three. This Special Use Permit covers the nine antennas. If
they would need more, they would come back to this body for an amended
Special Use Permit.
MOTION by Peek, Seconded by Luedtke, to forward the Resolution drafted
by Staff to the City Council with the recommendation for approval with
the following change: In the descriptive paragraph in the opening, note
that this Special Use Permit is for nine antennas be added. Motion
carried unanimously. This will be placed on the November 6 City Council
meeting to be held at the Oak View Middle School. 7:13 p.m.
J PUBLIC HEARING: SPECIAL USE PERMIT - REAL ESTATE SIGN - LOT 1, BLOCK 3,
MEADOWLARK HEIGHTS - FIRST NATIONAL BANK OF ST. CROIX FALLS ON BEHALF OF
SCOTT LENNES, INC.
7:13 p.m. Mr. Johnson reviewed the request of First National Bank of
St. Croix Falls, Wisconsin, on behalf of Scott Lennes, Inc., to erect a
real estate sign on Lot 1, Block 3, Meadowlark Heights Subdivision. He
noted the applicable ordinances and criteria to be examined. Staff is
recommending approval with conditions. This 32-square-foot sign has
already been erected and faces l54th Avenue. A second 60-square-foot
real estate sign on this parcel has also been erected which faces
University Avenue. Both signs meet the ordinance requirements a~d are
set back further than the lO-foot minimum requirement.
Mr. Carlberg explained normally there is only one real estate sign per
development. In this case, Mr. Lennes has two real estate companies
working for him. The ordinance allows one sign per lot frontage.
MOTION by Luedtke, Seconded by Barry, to open the public hearing.
Motion carried on as-Yes, 2-Absent (Putnam, Wells) vote. 7:20 p.m.
There was no public testimony.
MOTION by Barry, Seconded by Luedtke, to close the public hearing.
Motion carried on as-Yes, 2-Absent (Putnam, Wells) vote. 7:20 p.m.
MOTION by Luedtke, Seconded by Peek, to forward to the City Council fOk
) approval the Resolution prepared by Staff permitting the sign by First
National Bank of St. Croix Falls. Motion carried on as-Yes, 2-Absent
(Putnam, Wells) vote. This will be placed on the November 6 City
Council agenda. 7:22 p.m.
"
)
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DA TE October 22, 1996
AGENDA ITEM
3. Public Hearin~' Special Use Permit
Antenna in Excess of Thirty-Five
(35) Feet - 1717 Crosstown Blvd. NW
American Portable Telecom
ORIGINATING DEPART'/i:/? ~
Planning f.Lq
Jeff Johnson
APPROVED FOR
AU!
BY:
BY:
REOUEST
The Planning and Zoning Commission is asked to hold a public hearing to review the
request of American Portable Telecom (APn 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.1 13 regulates the construction and maintenance of private and commercial
antennas and towers and requires that a Special Use Permit be obtained prior to
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 requirements as mentioned in the ordinance.
The applicant will be required to enter into a lease agreement with the City and will be
required to comply with 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:
\
I
Page Two
Special Use Permit
Antenna in Excess of Thirty-Five (35) Feet
American Portable Telecom
1717 Crosstown Boulevard NW
October 22, 1996
1. 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 on the proposed use on the Comprehensive Plan.
GENERAL REVIEW (SEE ENCLOSED PLANS)
I
American Portable Telecom is proposing to erect wireless communications antennas
(antenna height equal to approximately seven [7] feet) on top ofthe existing water tower
(tower height equal to 169 feet from ground level) for a total height of 176 feet.
American Portable Telecom will enter into a agreement with the City of Andover to lease
approximately one hundred forty (140) square feet inside the tower to store wireless
communications equipment and lease a portion on top of the water tower in which
directional antennas will be mounted. There will be three (3) groups of three (3) antennas
located at 0, 120 and 240 degrees.
The leased area will be accessible. There is an existing paved road that leads to the water
tower.
APT as part of their lease agreement with the City will:
1)
Pay the City annual rent for leased space (time of payment, terms and renewal
to be agreed upon).
Be responsible for all maintenance (the tower shall be maintained in a good state
of repair).
Will submit proper insurance.
Agrees not to interfere with existing operations of the water tower or other
communication devices or structures in the area.
2)
I
3)
4)
"
/
Page Three
Special Use Permit
Antenna in Excess of Thirty-Five (35) Feet
American Portable Telecom
1717 Crosstown Boulevard NW
October 22, 1996
COMMISSION OPTIONS
A. The Planning and Zoning Commission may approve the Special Use Permit
requested by APT to erect wireless communication antennas on top of
the existing water tower on the property located at 1717 Crosstown Boulevard
NW, legally described above.
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 antenna does not exceed twenty-five (25)
feet above the existing structure (water tower).
B. The Planning and Zoning Commission may deny the Special Use Permit
requested by APT to erect wireless communication antennas on top
of the existing water tower on the property located at 1717 Crosstown
Boulevard NW, legally described as above.
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.
C. The Planning and Zoning Commission may table the item.
Representatives from CRA, Inc. (Cellular Research Advisors - a consulting firm
specializing in wireless communications on behalf of APT). will be present to address
comments from Commissioners and residents in regards to this matter.
\
/
/
-'
Page Four
Special Use Permit Antenna in Excess of Thirty-Five (35) Feet
American Portable Telecom
1717 Crosstown Boulevard NW
October 22, 1996
ST AFF RECOMMENDATION TO PLANNING AND ZONING
COMMISSIONERS
Staff recommends approval of said request. The Andover Review Committee (ARC) will
be working with the applicant through the commercial site plan review process to finalize
plans.
"
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
/
RESOLUTION NO. ~ -96
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF AMERICAN PORTABLE
TELECOM (APT) FOR THE CONSTRUCTION OF NINE (9) 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 AT 1717 CROSSTOWN BOULEVARD NW, LEGALLY
DESCRIBED AS UNPLA TIED CITY OF ANDOVER, NE 1/4 OF SE 1/4 SECTION 22-32-24
(SUBJECT TO EASEMENT OF RCP A 12/1/67) (EXCLUDING W 330 FEET) (SUBJECT TO
EASEMENT TO NSP 11/12/68) RCPA EASEMENT PARTIALLY RELEASED 5/22/72
WHEREAS, APT has requested a Special Use Permit to construct nine (9) wireless communication
antennas on top of the existing water tower (antennas not to exceed 25 feet above the highest portion of the
existing water lower) on the property located at 1717 Crosstown Boulevard NW, legally described above;
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 and Ordinance No. 113; 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
l
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 APT to construct nine (9) 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 City staff.
2. The Special Use Permit will be subject to a sunset clause as defined 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 City Council and City Attorney.
Adopted by the City Council of the City of Andover on this 19th day of November,
1996.
CITY OF ANDOVER
A TIEST:
J.E. McKelvey, Mayor
Victoria Volk, City Clerk
145 University Avenue west
St. Paul, MN 55103-2044
League of Minnesota Cities
February 7, 1996
TO:
City officials interested in ordinances and lease agreements pertaining to
personal communications services (PCS) facilities
FROM:
Ann Higgins, IGR Representative
RE:
Materials collected from Minnesota cities enclosed; meeting announcement
request for meeting agenda items
The League has now received the following materials from member cities:
City Item Terms Fees
Afton
ordinance pertaining NA
to antennas, towers,.
and related telecom-
munications infrastructure
,
;
~
Bloomington
5 yr/renewable
2 additional 5yr
terms
lease agreement
Brooklyn Park
transmission tower 1 yr/renewable
zoning height
(150') and performance
requirements; lease
agreement and amendment
Burnsvill~
5 yr/renewable
additional 5 yr
terms
. ,
ordinance on
placement of
antennas; standard
lease agreement;
antenna rates, site
application
, /
Centerville
telecommunications
and zoning ordinances
NA
NA
$750/mo 1st yr;
$900/mo 1st renewal;
$1,080/mo 2nd term
$405/mo
variable depending on
single or multi-use,
repeater, etc.; 3 %
increase based on CPI
NA
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
II; 1 ry\ ryQ 1.1 ryM
l~no\q?:;-l1n
TDD(6121281-1290
Fax(61212S1-12~~
...,
.J Circle Pines lease agreement :: yr/renewable $ amount blank
::> .:ldditional 6 yr annual iii advance
terms. 3 % times the number
of yrs in expiring term
Dellwood telecommunications NA NA
ordinance
Eden Prairie zoning regulations NA NA
Edina lease agreement 4 yrs/renewable $12,OOO/yr in equal
four additional 5yr monthly installments
terms + $500 option.
Formula increase over
extension periods.
Falcon Heights
letter re: pes antenna NA
zoning requirements
NA
'Golden Valley ordinance pertaining NA NA
/ to telecommunications
towers (120')
Jordan ordinance pertaining NA NA
to telecommunications
towers (45')
Lake Elmo current zoning NA NA
antenna height
regulation (65')
Lino Lakes zoning conditional NA NA
and permitted use for
transmission towers
Little Canada ordinance pertaining NA NA
to essential services
Minneapolis building code, zoning NA NA
ordinance
,.. '\
'-JMinnetonka form agreement; 5 yrs/renewable $ amount blank,
zoning ordinance for 3 additional 5 % increase per yr
5 yr. terms + other terms
"
Oak Grove
zoning ordinance NA
prohibiting towers or
antennas
NA
Plymouth
zoning regulations; NA
conditional use permit
NA
Prior Lake
lease agreement
5 yrs/renewable
four additional
5yr. terms
$700/mo. in advance
renewal increases based
on CPI (5% cap)
Richfield
zoning regulations
pertaining to antennas
and towers
NA
NA
Robbinsdale zoning code re: 3 yrs/renewable $ 833.33imo
ht. limits, antenna; four additional 3yr increase based on CPI
lease and right of
entry agreement
\ $500/mo. renewable
i Spring Lake Park lease agreement; 5 yrs/renewable
./
ordinance require- for 4 additional terms based on CPI
ments for telecom- 5 yr terms (Capped at 20%)
munications towers
Waconia zoning ordinance NA NA
pertaining to towersl
antennas
,-\
",_I
Enclosures
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTIO~ovember 6, 1996
DATE
AGENDA
t..o
SECTION
Discussion Item
C\.
Rezonmg - R-1 to R-4
Timber Oaks Estates
Section 36
Woodland Development Company
ORIGINATING DEPARTMENT APPROVED
Planning 1 => FOR AGENDA
David L. Carlber~ --
ommunity Development Direct( fJ'{:
ITEM
t..o
The City Council is asked to review and approve the rezoning request of
Woodland Development Company to rezone property from R-l, Single Family
Rura. to R-4, Single Family Urban on the property legally described on Exhibit A.
The property is to be platted and known as Timber Oaks Estates.
Background
For background information on the rezoning request, please consult the staff report
and the minutes from the October 8, 1996, Planning and Zoning Commission
meeting.
Planning & Zoning Commission Recommendation
The Planning and Zoning Commission reviewed the rezoning request of Woodland
Development Company on October 8, 1996 and recommends to the City Council
approval.
.I
MOTION BY:
SECOND BY:
\
.I
)
)
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 on Exhibit A is rezoned from R-I, Single Family Rural to
R-4, Single Faniily Urban.
. 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 this 6th day of November ,
1996.
CITY OF ANDOVER
A TIEST:
J.E. McKelvey, Mayor
Victoria V olk, City Clerk
"
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( Zoning Map )
/
.
"
Exhibit A
That part of Government Lot 1, Township 32, Range 24, Anoka County,
Minnesota, lying Northerly of the center line of County Road No 116 and lying
Westerly of the center line of Prairie Road as described in Document No. 623459
and lying South of the North 10 acres of that part of said Government Lot 1, lying
Westerly of said centerline of Prairie Road. Subject to covenants, restrictions and
easements of record, if any, and subject to the right of way of Bunker Lake
Boulevard NW and Prairie Road.
/
/
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 8, 1996
-,Page 3
PUBLIC HEARING: REZONING OF PROPERTY FROM R-l,
~ R-4, SINGLE FAMILY URBAN - TIMBER OAKS ESTATES
~ DEVELOPMENT COMPANY
SINGLE FAMILY RURAL, TO
- SECTION 36 - WOODLAND
7:21 p.m. Mr. Carlberg reviewed the request of Woodland Development
Company to rezone approximately 16.64 acres located north and west of
the intersection of Bunker Lake Boulevard NW and prairie Road from R-1
to R-4. The property is the location of the subdivision to be known as
"Timber Oak Estates" and was recently incorporated in the City's MUSA
area for the 1995-2000 time frame for development. The properties to the
west and east are currently zoned R-4. He noted the applicable
ordinances and criteria to be examined. This is consistent with the
Comprehensi ve Plan and the MUSA map. He did not believe a traffic study
has been done by the City, but the Anoka County Highway Department has
reviewed the plat and studied the traffic patterns.
MOTION by Wells, Seconded by Barry, to open the public hearing. Motion
carried on a 4-Yes, 3-Absent (Apel, Luedtke, Putnam) vote. 7:28 p.m.
Dave Szvkulski. 752 140th Lane NW - lives directly north of this area,
which is still zoned R-1. He asked if the six houses along 140th Lane
are in the MUSA and are they able to hook up to utilities. Mr. Carlberg
explained that area has been included in the MUSA. He stated there
)would have to be rezoning and the property owners would have to petition
to hook up, but utilities are available.
Mr. Szvkulski - was concerned with the cutting of all the trees. He did
not want to see this property leveled like they did to the east and to
the north. He'd like to see the property regulated so that most of the
trees are not cut down on the property behind him. Is there any way
that few to no trees will be cut on that property? He also felt there
would be some devaluation of his property because he has been looking at
the back woods for 25 years, and now there will be a fully developed
neighborhood. He'd like to see larger lots there, similar to those
along 140th Lane. If the lot size goes down to 80 feet wide, he would be
against the rezoning. Mr. Carlberg stated trees has been a concern to
the City Council. The developer has submitted a tree preservation plan,
which shows which trees are to be saved. An R-4 designation has City
sewer and water, and the lot standards are much smaller.
Dave Kochanek. 14035 Palm Street NW - asked about the value of homes in
there. He didn't want to see his property values go down because smaller
houses are built behind him as well as the cutting down of all of the
trees. Mr. Carlberg stated the City does not regulate the value of
homes.
Bvron Westlund, Woodland Development - stated they require covenants and
restrictions in their developments which insures a certain type of
') value. Typically the value of homes in their developments exceeds those
r of the surrounding area. He didn't foresee surrounding property values
going down.
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 8, 1996
, Page 3
/
(
(Public Hearing: Rezoning - R-1 to R-4 - Timber Oaks Estates - Section
36 - Woodland Development Company, Continued)
MOTION by Wells, Seconded by Barry, to close the public hearing. Motion
carried on a 4-Yes, 3-Absent (Apel, Luedtke, Putnam) vote. 7:35 p.m.
Commissioner Barry was concerned with the rezoning from the standpoint
of increasing the density, thus generating more traffic. She understood
the upgrading of roads generally follows the traffic, but she has a
concern with safety with all the additional building in that area. With
the increase in traffic, there may be a need for lighting. Also, with
the increase in population, it is becoming more and more difficult to
get from one place to another. It is frustrating that it takes so long
before street improvements are made. In the mean time, it is a very
serious safety concern. Mr. Haas explained Prairie Road is designated
as an MSA road, designed to carry large volumes of traffic. A traffic
study is done on MSA roads every two years. The proposal is to improve
the intersection of prairie Road and Bunker Lake Boulevard by adding a
turn lane on prairie Road. Sidewalks are also being suggested in th~
next agenda item dealing with the preliminary plat on this property. He
also explained the process the county uses to determine warrants for
traffic signals; however, the funding for those signals lags behind the
need.
/
Chairperson Squires also felt it is a frustrating process.
will not be with the 26 lots in this development, but when
to the east is developed.
The p:r.oblem
Shadowbrook
(
Bvron Westlund. Woodland Development stated the county highway
department has reviewed this and is taking additional right of way for
the future construction of turn lanes and signals. Mr. Carlberg also
explained copies of the proposed plat have been submitted to the school
district. No comment has been recei ved yet, but he does talk to
district representatives frequently. Commissioner Peek stated that from
a planning perspective, once the decision was made to rezone Shadowbrook
to the east, it makes sense to bring this into similar zoning.
Commissioner Barry agreed; she was expressing an overall concern of
development.
MOTION by Barry, Seconded by Peek, to forward to the City Council the
rezoning for Timber Oaks Estates from R-1 to R-4 as written by Staff.
Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Putnam) vote. This
will be placed on the November 6 regular City Council meeting which will
be held at the Oak View Middle School. 7:44 p.m.
PUBLIC HEARING: PRELIMINARY PLAT - TIMBER OAKS ESTATES - SECTION 36 -
WOODLAND DEVELOPMENT
/
7:44 p.m. Mr. Haas reviewed the preliminary plat presented by Woodland
Development Corporation for Timber Oaks located in Section 36, Township
32, Range 24, which consists of 26 single family residential lots.
Variances are being requested from Ordinance 10, Section 9. 06F for
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CITY OF ANDOVER
/
REQUEST FOR PLANNING COMMISSION ACTION
DATE
()~tnhpr R 1 Q9~
,
AGENDA ITEM
ORIGINATING DEPARTMENT
APPROVED FOR
AGENDA
Planning ~
David 1. Carlberg . ~
Communitv Develooment DirectbrBY:
5. Public Hearing: Rezoning-
R-l to R-4 - Timber Oaks Estatf
Section 36 - Woodland Develoo n&'t:
Request
The Planning and Zoning Commission is asked to review the rezoning request of
Woodland Development Company to rezone property from R-l, Single Family
Rural to R-4, Single Family Urban. The property is located north and west of the
intersection of Bunker Lake Boulevard NW and Prairie Road in Section 36 and is
legally described on the attached amendment to Ordinance No.8, the Zoning
Ordinance. The property is the location of the subdivision to be known as "Timber
Oaks Estates".
Applicable Ordinances
Ordinance No.8, Section 5.02, establishes the procedure for changing zoning
district boundaries (rezoning).
Ordinance No.8, Section 5.03(B), establishes the criteria for granting a Special
Use Permit. These same criteria have been utilized by the City in considering
rezoning applications in the past and determining the granting of a rezoning
request. The criteria include:
the effect of the proposed use upon the health, safety, morals and general
welfare of the occupants of surrounding land,
the existing and anticipated traffic conditions including parking facilities on
adjacent streets and land,
the effect on values of property and scenic views in the surrounding area, and
the effect of the proposed use on the Comprehensive Plan.
Page Two
Rezoning - Timber Oaks Estates
Woodland Development Company
Planning and Zoning Commission Meeting
October 8, 1996
General Review
The property to be known as "Timber Oaks Estates" is located in the MUSA
(Metropolitan Urban Service Area).
The area to be rezoned is approximately 16.64 +/- acres in size.
Commission Options
/ A. The Andover Planning and Zoning Commission may recommend to the City
Council approval of the rezoning request of Woodland Development Company.
to rezone property from R-1, Single Family Rural to R-4, Single Family Urban,
legally described on the attached amendment to Ordinance No.8, Section 6.03.
B. The Andover Planning and Zoning Commission may recommend to the City
Council denial of the rezoning request of Woodland Development Company to
rezone property from R-1, Single Family Rural to R-4, Single Family Urban,
legally described on the attached amendment to Ordinance No.8, Section 6.03.
The Planning and Zoning Commission finds the proposal does not meet the
requirements of Ordinance No.8, Section 5.03(B).
C. The Andover Planning and Zoning Commission may table the item pending
further information from the applicant or Staff.
"
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CA.,
~. ,
-"i:~. ."!
-:lo...,.
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 · (612) 755-5100
Property Address
J~14-9
REZONING REQUEST FORM
M~~~
Legal Description of Property:
(Fill in whichever is appropriate):
Lot
Block
Addition
(If metes and bounds, attach the
complete legal description).
Abstract ~ or Torrens ? (This
be provided and can be obtained from the
PIN
Is the property:
information must
County) .
-----------------------------------------------------------------
~.
Reason for Request
"
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Current zoning ----1(- I
Requested zoning
~.'-I
-----------------------------------------------------------------
Name of Applicant
Address <6'~ W.
Woao~ P ~U"C..l,OP (VVdJ .,
""^"" l ~ ~ \"'U.<i,... r
~~~::~;:~~~::::::::_:~:~:_--~~~~~-~----
Property Owner (Fee Owner)
(If different from above)
Address
Home Phone
Business phone
Signature
Date
-----------------------------------------------------------------
:L ~"!:'
~fC
REZONING
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 arro<<; dimensions 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.
Abstract Fee:
Torrens:
C$200.00 JIt ;}--s. a1
o Js.oD / d
$ 34.50 ~
\0 , 01
Date Paid !:.Iv>
Receipt # 63&lS-S-
Application Fee:
Rev. 5-05-93:d'A
5-06-94:blh
Res. 179-91 (11-05-91)
\
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j
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA.
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The Planning and Zoning Commission of the City of Andover will hold a public
hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, October 8,
1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover,
Minnesota to review the rezoning request of Woodland Development to rezone the
property located northwest of the intersection of Bunker Lake Boulevard NW and
Prairie Road (13948 Prairie Road) from R-l, Single Family Rural to R-4, Single
Family Urban. The property is legally described as follows:
'.
That part of Govemment Lot 1, Township 32, Range 24, Anoka County,
Minnesota, lying Northerly of the center line of County Road No 116 and lying
Westerly of the center line of Prairie Road as described in Document No. 623459
and lying South of the North 10 acres of that part of said Government Lot 1, lying
Westerly of said centerline of Prairie Road. Subject to covenants, restrictions and
easements of record, ifany, and subject to the right of way of Bunker Lake
Boulevard NW and Prairie Road.
J
The property is the location of the subdivision to be known as "Timber Oaks
Estates".
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.
U~J~
Victoria Volk, City Clerk
Publication dates: September 27, 1996
October 4, 1996
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: November 6. t 996
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
ITEM NO. f 0 ~
Approve Preliminary PlaUTimber Oaks Estates/
Woodland Development Corp.
Andover Review Committee
~ bet.
The City Council is requested to review and approve the preliminary plat of Timber Oaks
Estates located in Section 36, Township 32, Range 24 as requested by Woodland
Development Corporation.
The Andover Review Committee (ARC) has reviewed the preliminary plat. Their comments
are as follows:
General Comments
. The proposed preliminary plat is currently zone R-1, Single Family Rural. Rezoning of the
, property is necessary. The proposed plat is currently within the Metropolitan Urban
Service Area (MUSA). Municipal sanitary sewer and water is proposed to serve the site.
. The proposed subdivision consists of 26 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).
Comments of the Andover Review Committee
1. There are variances that are being requested with the proposed preliminary plat. The list
of variances are as follows:
A. The developer is requesting variances from Ordinance 10, Section 9.06 F as double
frontage lots shall not be permitted except where lots back arterial streets or highways.
Block 1, Lots 12-18, Block 2, Lots 1-5 all have double frontage but have rear yards backing
onto Prairie Road which is designated as a municipal state aid street and classified as a
collector. Also, the double front lots along Prairie Road NW will have required setbacks of
35 feet on front and rear yards. Direct vehicle access will not be allowed to access from
lots onto Prairie Road.
B. The developer is requesting variances from Ordinance 10, Section 9.03G as the proposed
streets do exceed the maximum allowed of 500 feet length for the cul-de-sacs north of
139th Lane NW.
Other Comments by the Andover Review Committee
1. The development is recommended to have sidewalks along the north side of 139th Lane
NW from Palm Street NW (located in the Hills of Bunker Lake 5th Addition) to Prairie Road
due to the fact that 139th Lane NW will be one of the main streets to enter and exit the
development of the Hills of Bunker Lake 5th Addition. Also, keep in mind that there will be
a trail on the east side of Prairie Road as part of the Shadowbrook development.
Andover Review Committee Recommendation
Three options exist for the City Council to consider:
1. Recommend approval of the preliminary plat with the identified variances.
2. Recommend denial of the preliminary plat.
3. This item can be tabled at the developer's request.
Planning and Zoning Commission Recommendation
The Commission is recommending approval of the plat with concerns as follows:
A. Tree Preservation - To meet the requirements for storm drainage and grading of the lots,
etc. numerous trees will need to be removed. See tree preservation plan to get idea of
what is being proposed.
B. Drainage - To meet requirement of the Water Resource Plan and Coon Creek Watershed
District requirements, rate control and sedimentation ponds are required.
;
Note: Since the Planning and Zoning Commission public hearing meeting on this
development, the property owners at 732 - 140th Lane NW met with the engineering staff to
review a potential drainage problem in the rear yard. We have requested that the developer
and their engineer to evaluate this situation and make recommendation or provide a solution
to this potential drainage problem. We hope more information will be provided to you at the
meeting.
C. Sidewalks - The Commission suggested that a sidewalk be considered also on the west
side of Prairie Road between Bunker Lake Boulevard and the proposed 139th Lane NW
which would help eliminate pedestrians crossing Prairie Road to use the trail on the east
side which is being constructed as part of Shadowbrook development in addition to
constructing a sidewalk along 139th Lane NW.
D. Traffic - There was concern from the Hills of Bunker Lake 5th Addition neighborhood that a
connection to this development would cause additional traffic problems. But the
Commission felt that the connection should be made for safety and plus the access will
distribute the traffic a little better rather than put the burden on Sycamore Street at Bunker
Lake Boulevard.
Park and Recreation Commission Recommendation
The Commission will be reviewing the proposed development at their November 7, 1996
meeting.
8.01 IDENTIFICATION AND DESCRIPTION
a. Proposed name is Timber Oaks Estates.
d. Scale is 1" = 100'
g. The preliminary plat and the grading, drainage and erosion control plan were prepared by
Hakanson-Anderson Associates, Inc.
8.02 EXISTING CONDITIONS
b. Total acreage is 16.64.
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 Forestry Intern for review.
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 sanitary sewer, watermain, storm drain and street will be designed by the City's
consultant.
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.
. ,
/ 8.04 ADDITIONAL INFORMATION
b. Sewage disposal facilities will be municipal sewer..
d. Rezoning of properties will be required.
f. Flood Plain Management is regulated by the Coon Creek Watershed District (see Section
9.04(b) for additional information regarding the 100 year flood elevation).
g. Street lighting is required and the installation costs will be paid by the developer.
j. The total linear road mileage for the proposed plat is 0.31 miles.
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.
J
n. Boulevard is required to be topsoil and sodded.
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 Coon Creek
Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may
be interested in the site.
9.07 PARKS, PLAYGROUND, OPEN SPACE
Park dedication as recommended by the Park and Recreation Commission.
J
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF TIMBER OAKS
ESTATES BY WOODLAND DEVELOPMENT CORPORATION LOCATED IN
SECTION 36, 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 there was some
concerns from the public regarding tree preservation, the drainage impacts on
adjacent properties, sidewalks and traffic; and
WHEREAS, the Andover Review Committee has reviewed the preliminary
plat, and
WHEREAS, as a result of such hearing, the Planning and Zoning
Commission recommends approval of the plat citing the following:
1. Variance from Ordinance 10, Section 9.06 F to allow double frontage lots
along Prairie Road. Block 1, Lots 12-18, Block 2, Lots 1-5.
2. Variance from Ordinance 10, Section 9.03G as the proposed streets do
exceed the maximum allowed of 500 feet length for the cul-de-sacs north of
139th Lane NW.
3. Sidewalks will be required where specified by the City Council.
4. The developer is responsible to obtain all necessary permits from the Coon
Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any
other agency that may be interested in the site.
5. Park dedication as recommended by the Park and Recreation Commission.
6. Contingent upon rezoning of the property.
Adopted by the City Council of the City of Andover this 6th
November , 1996.
day of
CITY OF ANDOVER
J.E. McKelvey - Mayor
ATTEST:
/
Victoria Volk - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
j
DATE: November 6. 1996
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
11 .
Scott Erickson, ~t
Engineering .
ITEM NO.
Drainage Plan Discussion/Rademacher
(Bill's Superette)/Hanson Blvd. NW
The City Council previously discussed at the August 20, 1996 City Council meeting the
ponding and trees associated with the proposed Bill's Superette at the intersection of Hanson
Blvd.l138th Lane NW. Rademacher and Assoc. has submitted a commercial site plan
application for the site. This item will be presented at the meeting.
,
/
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Regular Andover City Council Meeting
Minutes - August 20, 1996
Page 5
PONDING FOR RADAMACHER AND ASSOCIATES/HILLS OF BUNKER LAKE 3RD
Mr. Erickson explained Radamacher and Associates is proposing tJ
construct a new Bill's Superette on the commercial site between 138th
and 139th Lane on Hanson Boulevard. The issue is the storm water
ponding for the lOO-year storm. Additional ponding is needed, which
would be located in a large stand of trees that acts as a buffer between
the site and the residential property to the east.
Joe Nemo, Radamacher and Associates, explained the existing storm pond
in the residential area was designed to accommodate the storm runoff for
the residential lots and this commercial piece. Then all they would have
needed is a small sedimentation pond to control their storm water
runoff. That would have been the case had it not been for the fact that
one of the houses was built lower than the permitted minimum elevations
on the grading plan that was approved by the City for the subdivision.
Because of that, they are confronted with having to build an enormous
pond on their property to accommodate the storm runoff problem. They
would basically pay to correct a problem they did not create. However,
they do not want to eliminate the natural buffer to the residential
lots. One recommendation for a long-term solution is to increase the
capacity of the lift station to handle the runoff from their
, sedimentation pond. It would not adversely impact the existing pond nor
/ create a lOO-year flood problem for the residential lots. Also, besides
the aesthetics of losing the trees, they feel it comes close to "-
constructive taking on a part of their property by having to construct
such a large pond to solve a problem created by the City. At this point
they are not seeking a variance.
Radamacher's engineer explained they are looking to enlarge the existing
lift station and pipe from their sedimentation pond to the lift station.
There is little runoff now, but there will be more once it is developed.
That runoff would not go directly to the existing pond but the flow
would be controlled to prevent problems with the elevation of wacer in
that pond. Because the problem was in part created by the City, they
feel this should be done at the City's expense. He didn't yet know the
cost a larger lift station.
Mr. Fursman noted the ponds down stream were designed to handle this
flow. The concern of Staff is with the operation of the lift station
itself. A power source is needed and the concern is if the system
malfunctions during severe weather when the electricity goes out, which
is when the lift station would be needed most. A solution would be a
back-up generator, which is very costly.
Mr. Hawkins felt that it is not the City's liability but the builder or
developer who constructed the house at an improper grade. Mayor McKelvev
noted the existing lift station waS installed when that house was
'. constructed below grade, and it was paid for by the contractor. He
I
questioned why this parcel was not considered at the time the lift
station was installed and why it was not made large enough to handle
this parcel.
Regular Andover City Council Meeting
Minutes - August 20, 1996
;~~6
(Ponding for Radamacher & Associates/Hills of Bunker 3rd, Continued)
Mr. Nemo stated an overflow into the parking lot has been discussed as
an option; however, they do not favor that option. The surface of the
parking lot has the potential of becoming a skating rink in the winter
so it becomes a safety issue, plus it does nothing to prolong the lif2
of the pavement. Also, relocating the pond dramatically impacts the
undeveloped area of the parcel.
In discussing the problem, the Council's priority was to save the trees
that act as a buffer to the residential area. If an enlarged lift
station is the solution, the question is the cost and who would pa}" that
cost. They proposed that the developers and Staff research this further
to come up with a series of alternatives, associated costs and im?act of
each solution to resolve the situation.
Mike Malroney, 13868 Crane Street - stated the residents in the area are
incensed over the project, partly because of the ponding. The other
part is the project itself. It is unconscionable that the developers
would take on the volume of business and caliber of SuperAmerica. They
do not need another gas station in the area. The residents would prefer
a business that is not high volume. The ponding is a concern. The two
neighbors on the cul-de-sac invested $15,000 in rip rap control to shore
up their property, as it was eroding into the pond. Now more water is to
be added. He invited the Council to look at the oak grove that buffers
the residential area from Hanson Boulevard. He suggested other
solutions be found and a more passive land use be placed on that corner,
something that will not be generating more traffic in the neighborhood.
There are people backed up on the streets now to access Hanson
Boulevard. This project will have a severe impact.
Mr. Nemo stated the lot has been zoned for this use since the
subdivision was developed. Their use is permitted, and they hold the
necessary permits. The use of the property is not appropriat~ for
discussion tonight.
Another resident noted he is one of the older home owners, having bought
the model home from Rom Smith. There was no problem with the pond when
they moved in. When the drought ended, the water rose 15 feet into his
back yard. It eventually drains off, but he's amazed he doesn't have
water in his basement. Possibly that is because of the drain tile the
developer put around the house. This summer he put in gutters and drain
spouts, but that only does so much. His lot is the lowest one around
the pond. The lift station is not automated. Somebody has to turn it
on.
,
. )
Greg Lindusky (?), 138th, has a problem with the gas station moving in.
He had water problems when SuperAmerica was built, and he still does.
City workers have been out to his property to backhoe to solve the water
problem. A major amount of water flow will come from the pumped area to
their pond. The pump is not working now. He sees the pond raise and
come down. He sees the workers out there. He encouraged the Council to
view the area, pridicting there will be a problem.
Regular Andover City Council Meeting
Minutes - August 20, 1996
\ Page 7
/
(ponding for Radamacher & Associates/Hills of Bunker 3rd, Continued)
Joyce Twistol, property owner on the pond that is believed to be
impacted the most, stated Mr. Nemo and his crew visited her home. In
walking the parcel tonight, she noted the distances from the pond to the
grove of dense trees and the negative impact it would have on her
property. She also stated in viewing the other gas stations, few have
four bays for dispensing gas as is being proposed here. Her biggest
concern is if there is a particular flood and the pump can't take car~
of it. There will be eight properties directly affected. Water does
come into her yard when the pump isn't working. The pump wasn't working
this spring, and the City had to pump the pond down. The residents all
recognize the property is zoned commercial, but it is already difficult
getting from 139th onto Hanson Boulevard. Another gas station will
generate more traffic, so a traffic light will probably be needed. They
are willing to work with the developer, but the water situation is
critical. That is a small pond that is an aesthetic addition to their
properties to some degree. She appealed to the Council to act on their
behalf and to help safe the trees.
Ed Stacy, 13891 Crane Street, lives on the pond. The pond went up after
they purchased the property and flooded the yards. If the water rises
, any more, there could be flooding in their basements. His concern is
I with the high volume of water coming to their pond. Mr. Fursman noted
the Council has directed the Staff to work on the issue of the ponding
to save the trees and to have as minimal impact on the area as possible.
He acknowledged the existing pump is not adequate and that if another
one is used, it would require a much better pumping design. The
appropriateness of the use is up to the developer unless the Council
wishes to change the zoning of the parcel. Legally they have the right
develop to the proposed use. The City will do its utmost in working
with the developer to make the impacts of the property as little as
possible and to remove as few trees as possible to accommodate the
neighborhood.
Another resident felt that the traffic issues should be addressed. He
noted the difficulty of being able to pullout of 138th Lane going south
on Hanson Boulevard and the heavy traffic there now. The additional
traffic from the use will just make it worse.
Council took no further action at this time, reiterating its direction
to the Staff to work with the developer on developing alternatives.
SUNDAY LIQUOR ON BALLOT
Mr. Fursman asked the Council to consider adding the question of Sunday
liquor to the November ballot. From a Staff perspective, if a petition
omes in, they have the responsibility of looking at each signature for
lidity. It is very time consuming. He stated 1,500 signatures are
cessary to put the issue back on the ballot. Or the question can be
on the ballot by Council initiative rather than by petition.
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/
;e~~, 1t<<-.
6272-74 BOONE AVENUE NORTH
BROOKLYN PARK. MINNESOTA 55428-2793
Phone 612-536-9600 . Fax 612-536.1198
R r:- C E I'J E D
November 1, 1996
"~.; '-I ~c~,..
. ._:" 1..J~t
CITY OF
L\ {\f n ('0,' 1:- w
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Honorable Mayor
and Council Members
City of Andover
1685 Crosstown Boulevard N.W.
Andover, MN 55304
Re: Bill's Superette Project
Lot 1, Block 6, Hills of Bunker Lake
~rd Addition
Dear Mayor and Council Members
"
J
We are writing you regarding a staff report, which we understand is on the November 6, 1996,
Council agenda, that addresses the grading and drainage plan for our Bill's Superette project to be
constructed on the above referenced land. It is our understanding that a number of area residents
intend to be present at the subject council meeting to oppose the commercial development of our
land and, in particular, the construction of our planned store.
Since this matter is not before the Council for public hearing but rather to simply receive the staff
report, we will not be present. However, we wish to provide these limited comments:
1. The grading and drainage plan was prepared by our civil engineers in accordance with the
recommendations and requirements of the City's engineering staff and the City's consulting
engineers. We understand that the subject staff report is merely intended as an
information update to the council regarding resolution of the drainage issue.
2.
In view of the fact that (a) the operation of our planned Superette is a permitted use under
our land's NB zoning classification, and (b) we already possess the required conditional
use permit for the storage and dispensing of motor fuels on the subject site, we do not
believe it is appropriate that such comrriercial use of our land be open to any further public
hearing before the Council. It should be noted that our land was zoned for commercial
use prior to the purchase by any of the Hills of Bunker Lake 3rd Addition owners ofttleir
respective residential lots, and they purchased their respective lots with either actual or
constructive notice that our lot was zoned for commercial use.
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City of Andover
Mayor and Council Members
November 1, 1996
Page Two
3. We also wish to remind the Council that, as was discussed at a prior meeting, the drainage
problems our plan is designed to resolve, were not of our making, and that as a
consequence, we are incurring additional development costs and losing the use of an
additional portion of our land to accommodate that resolution.
Although we will not be present at the November 6, 1996, Council meeting, our legal counsel will
be in attendance to monitor the meeting.
We believe we have done our best to accommodate the reasonable needs of the City in designing
our development, and look forward to the constructin of our superette.
Sincerely,
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Joseph M. Nem9, Jr. 1/
Executive Vice President &: CEO
JMN:sp
cc: John Paul Martin
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: November 6. 1996
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
Scott Erickson, ~t
Engineering a
ITEM NO. I~'
Tree Preservation Policy
The City Council is requested to review and comment on the modified tree preservation policy.
The policy was reviewed by the City Council at the September 11, 1996 Special City Council
meeting. The comments from this meeting have been incorporated into the revised policy. A
presentation of the revised policy will be made by Mr. Eric Olson, the City forestry intern.
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Proposed Tree Preservation Ordinance
City of Andover
County of Anoka
State of Minnesota
I. Purpose: The purpose of this ordinance is to preserve and protect the forest resources
of the City of Andover by ensuring that the development and use ofland occurs in an
orderly fashion with minimal loss of existing vegetation. To that end, this ordinance
promotes the following:
A. Protection of the forest and tree resources which provide the following
benefits:
1. Reduced storm water runoff;
2. Reduced erosion;
3. Reduced air particles and pollution;
4. Increased cooling and shade;
5. Reduced winter wind speed and drifting;
6. Increased privacy and property values;
B. Protection of the natural beauty and characteristics of the City;
C. Inclusion of existing forest resources in all phases of development creation;
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D. Evaluation of development proposals with regards to their impacts on trees,
forests, and existing ecosystems;
E. Enforcement of City Tree Preservation Standards to promote and protect the
public health, safety, and welfare of the citizens of Andover.
II. Applicability: This ordinace shall be applied to any person or entity proposing to
mine, log, develop, or build upon a tract of wooded land within the City Limits. Persons
or entities desiring to engage in the above activities shall apply for a land disturbance
permit, the issuance of which shall be contingent upon the approval ofa Tree
Preservation Plan. The City requires the submittal of a Tree Preservation Plan in
connection with any ofthe following:
A. New development in any zoning area;
B. New building construction in any zoning area;
C. Expansion of any commercial, industrial, or institutional building or
impervious surface by twenty percent (20%) or greater where an approved Tree
Preservation Plan is not already on file with the City;
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D. Any project proposed upon a wooded parcel which would require a special use
permit;
E. Any public project with a potential to impact forest resources;
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III. Definitions: For the purpose of this ordinance, the following terms shall be identified
as stated:
"Applicant" shall mean any person or entity which is required to submit and implement
a City approved Tree Preservation Plan under this policy.
"Construction Area" shall mean any area in which the movement of soil, alteration of
topography, compacting of soil. disruption of vegetation, change in soil chemistry, or any
other modification of the existing character of the land is scheduled to occur for
development or construction.
"Critical Root Zone (CRZ)" shall mean the area encompassed by an imaginary circle
around a tree where the tree's trunk is the circle's center and the circle's radius is one and
one half (1 1/2) feet in length for every one inch or tree DBH, e.g. a tree with an 18"
DBH has a CRZ with a radius of27 feet.
"Land Disturbance Permit" shall mean an official authorization issued by the City of
Andover Engineering Department allowing tree and vegetation removal to occur in
association with development, construction, or mining. This permit shall be issued as
approval of a Tree Preservation Plan submitted in conjunction with application for a
building permit, grading permit, or special use permit.
"Mining" shall mean the extraction or removal through grading of mineral resources.
"Site Balancing" shall mean the process by which areas of higher elevation are mined of
mineral resources for movement to lower areas which need to be elevated for
development purposes.
IV. Tree Preservation Plan Standards for Residential, Commercial, Industrial, and
Civil Development Purposes
A. Submission Requirements: A Tree Preservation Plan shall be submitted prior
to approval of a grading permit for any development project proposed for a parcel
with forest resources. This plan shall be reviewed by the City to determine the
extent to which the proposed development preserves woodlands and trees.
B. Review Standards: The City review process will involve inspection of the
proposed site to evaluate the quality and quantity of existing forest resources.
Tree Preservation Plans shall show the approximate location of trees and wooded
areas as well as the proposed grading limits and location of all construction areas.
In addition, the plan shall show the location of all required tree protection fencing
(see sub-section C: Protection Requirements). The plan will then be analyzed to
determine the extent to which the forest resources will be retained. As a guide,
the City will expect that no tree removal will occur beyond that needed to
accommodate road right-of-ways, storm water drainage systems, and utilities.
Removal to accommodate site grading should total no more than 10% of the total
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area graded for road right-of-way, storm water drainage systems, and utilities.
Tree removal will not be allowed for the purpose of mining soil resources for site
balancing purposes.
C. Protection Requirements: Prior to issuance of the land disturbance/grading
permit, the City will inspect the development site to insure that preserved trees
outside of the grading area are separated from the construction area by either an
orange, polyurethane safety fence or one hundred and fifty (150) linear feet of
land outside the construction area and a line of yellow safety tape. The applicant
shall make every effort to locate the fence such that the maximum amount of
critical root zone (CRZ) is preserved. In the event that the entire CRZ cannot be
protected, the applicant may encroach upon up to 50% of the CRZ. Such
encroachment may only occur upon one side of a tree, and the fence shall be
located no less than two (2) feet from any tree stem.
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D. Enforcement: The City will inspect the development site during the
construction period to ensure that tree protection fences are respected. The City
will contact the applicant by mail after an inspection to report the status of the tree
protection. If the tree protection area has been disturbed, fines shall be levied
against the applicant based upon the amount of area affected and the number of
previous infractions at the project site (see section VII- Penalties).
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E. Exceptions: Applicants wishing to move tree protection fences to further
encroach upon a tree protection area during the construction period may arrange a
meeting on site with the City Forester. The Forester will evaluate the potential
damage such encroachment may cause and determine whether or not such
encroachment shall be allowed. Ifthe forester allows encroachment, any tree
protection fence which has been removed must be replaced within twenty-four
(24) hours of encroachment.
v. Tree Preservation Requirements for Single Family Home Construction
A. Submission Requirements: A Tree Preservation Plan shall be submitted prior
to issuance of a building permit for any lot of record with existing forest
resources. This plan shall be reviewed by the City to determine the extent to
which the proposed construction preserves woodlands and trees.
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B. Review Standards: The City review process will include inspection of the
proposed construction site to evaluate the quality and quantity of existing forest
resources. The tree preservation plan will then be analyzed to determine the
extent to which the forest resources will be retained. The City will expect that the
tree preservation plan indicate the location of the following:
1. Any tree within fifty (50) feet ofthe construction area;
2. Access paths which will be used to exit and enter the construction area;
3. The working envelope around the proposed structure where construction
activities are anticipated to occur;
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4. The location where excavated soil will be stored on the site;
5. The location where concrete washout will occur;
6. The location where construction materials will be stored;
7. The location of tree protection measures (see sub-section C: Protection
Requirements).
If the City determines that the absence of the any of the above information will
have an effect upon the health of trees proposed for preservation, the Plan may be
returned to the applicant for revision. The applicant may then contact the City to
meet with the City Forester for assistance in preparing a Tree Preservation Plan.
C. Protection Requirements: Prior to approval of a land disturbance/building
permit, the City will inspect the construction site to insure that the preserved trees
are separated from the areas listed in Subsection V -B; 1-6 (construction area) with
either an orange polyurethane fence or one hundred and fifty (150) linear feet of
land outside of the construction area and a line of yellow safety tape. The
applicant shall make every effort to locate protective fence such that the
maximum amount of critical root zone (CRZ) is preserved. In the event that the
entire CRZ cannot be protected, the applicant may encroach upon up to 50% of
the CRZ. Such encroachment may only occur upon one side of a tree, and the
fence shall be located no less than two (2) feet from any tree stem.
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D. Enforcement: The City will inspect the construction site during the
construction process to ensure that the tree protection fences are respected. The
City will contact the applicant by mail after an inspection to report the status of
the tree protection. If the tree protection fence has been violated and critical root
zones impacted, fines shall be levied against the applicant based upon the area
affected (see section VII- Penalties).
E. Exceptions: Applicants wishing to move tree protection fences to further
encroach upon a tree protection area during the construction period may arrange a
meeting on site with the City Forester. The Forester will evaluate the potential
damage such encroachment may cause and determine whether or not such
encroachment shall be allowed. If the forester allows encroachment, any tree
protection fence which has been removed must be replaced within twenty-four
(24) hours of encroachment.
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VI. Tree Preservation Requirements for Special Use Permit Applicants
A. Submission Requirements: A Tree Preservation Plan shall be submitted prior
to approval of any project requiring a Special Use Permit proposed for land which
contains forest resources. This plan shall be reviewed by the City to determine the
extent to which the proposed project preserves woodlands and trees.
B. Review Standards: The City review process will involve inspection of the
proposed site to evaluate the quantity and quality of existing forest resources. The
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plan will then be analyzed to determine the extent to which the project will impact
the trees and woodlands on the site. The plan shall indicate the approximate
location of trees and woodlands on the site and show the limits of the proposed
special use area. The plan shall also indicate the location of tree protection
measures to be installed on the site (see sub-section C: Required Tree Protection).
If the City determines that greater than 50% of the forest resources will be
removed as a result of the proposed activity, the applicant may be asked to
resubmit the Tree Preservation Plan. The applicant may then schedule a meeting
with the City Forester for assistance in preparing a tree preservation plan.
C. Required Tree Protection: The Tree Preservation Plan submitted with an
application for a Special Use Permit shall indicate the location of preserved trees
and the location of an orange polyurethane fence separating a tree preservation
area from the proposed activity. This fence shall be located such that the
maximum amount of the tree's Critical Root Zone is protected. In the event that
the entire CRZ cannot be protected, the applicant may encroach upon up to 50%
of the CRZ. Such encroachment may only occur upon one side of a tree, and the
fence shall be located no less than two (2) feet from any tree stem.
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D. Enforcement: The City will inspect the activity site during the period for which
the special use permit has been granted to ensure that the tree protection fences are
respected. The City will contact the applicant by mail after an inspection to report
the status of the tree protection. If the tree protection fence has been violated and
critical root zones impacted, fines shall be levied against the applicant based upon
the area affected (see section VII- Penalties).
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E. Exceptions: Applicants wishing to move tree protection fences to further
encroach upon a tree protection area during the construction period may arrange a
meeting on site with the City Forester. The Forester will evaluate the potential
damage such encroachment may cause and determine whether or not such
encroachment shall be allowed. If the forester allows encroachment, any tree
protection fence which has been removed must be replaced within twenty-four
(24) hours of encroachment.
VII. Penalties
A. Tree Protection Area Encroachment: If a City inspection of a tree protection
area reveals that the tree protection measures have been ignored and that a tree's
critical root zone has been impacted beyond what was shown on an approved tree
preservation plan, fines shall be levied according to the following schedule:
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1. First Infraction- $2.00 per square foot of CRZ impacted;
2. Second Infraction- $4.00 per square foot of CRZ impacted;
3. Third and subsequent Infractions: $10.00 per square foot ofCRZ impacted.
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B. Removal or Destruction of Trees Within the Tree Protection Area: If a City
inspection of a tree protection area reveals that trees have been removed or
destroyed within the tree protection area, the applicant shall be fined an amount
equal to $50.00 per diameter inch [or increment there of, measured at a height of
fifty-four (54) inches above normal ground level] of tree removed or destroyed.
B. Fine Levy Process: Applicants will be contacted through the mail following all
site inspections to inform them of the status of tree protection fencing. They will
also be notified of the total fine amount where a tree protection area has been
encroached upon. Fine payment must be processed prior to the City accepting a
grading certification or issuing a Certificate of Occupancy.
C. Fine Fund- Fines levied against tree protection area violations will be placed in
a City fund for tree planting projects on public property.
VIII. Effective Date: This ordinance shall be enacted following approval by the Andover
City Council; it shall be applied to all applicants approaching the City for grading
permits, building permits, and special use permits subsequent to approval.
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Special City Council Meeting
Minutes - September 11, 1996
Page 3
(Staff Presentation of Proposed Personnel Additions, Continued)
Supervisor, would be moved up to Park Superintendent and would be
responsible for the park activities. If that is done, another employee
would be needed to replace Mr. Starr. He also noted in the balanced
budget, the Fire Marshal remains half time, though there is
justification for a full-time position. He also explained the need for
additional staffing as the City has grown and plans on continued growth.
Staff has used conservative numbers and is proposing new positions as
revenue generators.
Council discussion was on the forester position. A concern of the
Council was that there isn't enough work, especially during the winter
months. Staff explained the wages are not in the General Fund budget
but are a part of the Special Revenue Fund. The position would be
funded through building permit fees and review of development proposals.
This person would be responsible for on-site tree protection inspections
and for erosion control, that is multiple acti vi ties. Mr. Fursman
reported that of the feedback given on the post cards for rating thp.
services being provided by the City, the most positive has been of the
help and information provided by the forester.
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On a related issue, Councilmember Knight stated he has received
complaints from residents that they cannot contact Staff members on
Fridays. As a public institution, he was concerned with that. Mr.
Fursman stated Staff will be evaluating the four-day work week this
winter. Council agreed to review the forester position again after
discussing the Tree Preservation Policy.
The Council recessed at 8:26; reconvened at 8:32 p.m.
TREE PRESERVATION POLICY DISCUSSION
Eric Olson, Forester Intern, reviewed the proposed revisions to the Tree
Preservation Policy, comparing the new policy with the existing one,
explaining the reasons for the policy, and highlighting the issues of
concern that have been raised. One of the main issues is the loophole
in the existing policy that if someone does not want to go through the
Tree Preservation Policy, they can simply clear cut their land before
coming in to develop. That loophole has been addressed in the ne....
policy which basically does not allow clear cutting on unplatted
property. Another change is that all trees that will remain on site are
to be protected; and if one dies, it will have to be replaced. This is
to prevent the situation where a contractor does not protect a tree but
the future buyer wants to try to save it. If it does die, then the
homeowner is left with expenses of deposing it. The Attorney has said
they need to clarify who this applies too. Staff is asking for
direction.
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In general the Council had a problem with the loophole provision. The
concern was to what degree of control should the City have over private
property.
Special City Council Meeting
\ Minutes - September 11, 1996
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(Tree Preservation Policy Discussion, Continued)
Another issue noted was what some felt there is an inconsistency on the
part of the City by requiring the developers to clear the first 100 feet
of the property. That doesn't save any trees. Mr. Erickson stated
there has been an interpretation that 100 feet of buildability needed
for drainage means the property must be graded flat. Staff is looking
at allowing lots to be natural and possibly run storm sewer pipes,
working more closely with the developers to leave the natural areas and
still provide proper drainage. Councilmember Knight felt more trees
could be saved if the City was more flexible in its street design,
possibly allowing more cul-de-sacs. Mayor McKelvey felt that in general
the developers are all in favor of saving trees because a wooded lot is
much more valuable to them than a bare lot.
Councilmember Jacobson stated he feels tree preservation is extremely
important, but the Tree Preservation Policy as proposed is extremely
complicated for the ordinary citizen to follow. There is so much detail
that the average person will give up rather than follow it. He
suggested cutting back the policy to six or seven pages and simplifying
the language and the procedure.
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Michael Click, Chairperson of the Tree Commission, stated he's been in
the tree forestry business for 20 years and has been on the Commission
since it started. He felt it has to be technical. Much of what is
being asked for in a sketch on a single family lot is already required.
This now requires the delineation of trees.
Jerry Windschitl, Ashford Development Corporation, stated when the
developers were allowed to grade under the old policy, many tre~3 were
saved in the developments. Since the new regulations took effect, they
are not able to get a registered land surveyor to certify the grading
unless they table top the development. Mr. Erickson agreed, unless they
certify to customized grading, which is what Staff it working on with
developers now. Mr. Windschitl stated that would be preferable.
Ken Orttel noted unplatted property would include parcels that are
already developed but have not been platted. He felt that should refer
to undeveloped property, though he preferred the whole provision be
removed plus anything that references the individual home owner.
According to the definition, two trees could constitute a significant
woodland. This would also mean dealing with hundreds of permits each
year. He asked why this would be done as a policy instead of an
ordinance. There is no penalty other than fines. He's never known ~
homeowner to intentionally destroy a tree, so he questioned the need for
this extensive policy. If a tree is destroyed during construction of a
house, it is a dispute in the private sector between the builder and the
,- '. home owner.
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Councilmember Jacobson agreed, and that is why he suggested the policy
be simplified. He also noted that the Council made the decision that
the first 100 feet of a building pad is not to be clear cut, and Staff
should be following that direction. Mr. Click stated that construction
Special City Council Meeting
Minutes - September 11, 1996
Page 5
(Tree Preservation Policy Discussion, Continued)
damage destroys more trees annually than Dutch elm disease or oak wilt
combined. They come in with equipment and destroy the roots, and i~
often takes two to three years to show up. This data can be obtained
from the University of Minnesota. Several developers present questioned
the accuracy of Mr. Click's data or that such data even exists.
The discussion continued on past practices, the current policy, proposed
changes, and enforcement by Staff. Mr. Carlberg felt the current policy
is a good one, but the problem was more of an enforcement issue. Each
Department has to be enforcing the same policy. While one suggestion was
to hire an intern during the summer months again, Councilmember Jacobson
offered another suggestion of perhaps a temporary full-time position for
one or two years to see what happens.
Mr. Fursman stated Staff will look at that, as there is year-round
construction where the services of a forester could be utilized. For
now he recommended the budget allocations be carried forward as proposed
for all proposed new positions. When it comes time to hire, each one
will be considered on an individual basis. The Council gave verbal
approval to Mr. Fursman's suggestion.
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It was also agreed that Staff will review the proposed Tree Preservation
Policy again and simplify it as suggested by Councilmember Jacobson
without the provision on clear cutting trees.
DISCUSSION OF PROPOSED SHERIFF'S CONTRACT
Mr. Fursman noted this was covered at the September 3 Council meeting.
In reviewing the figures, there is no way the City could provide that
type of service in-house for that cost. The Council generally agreed
with the Sheriff's contract as presented.
PIR FUND DISCUSSION/OPTIONS FOR FUTURE USE OF FUND
Ms. McGann provided a handout to the Council on the PIR fund and
potential future uses of the monies. It did not include the $300,000
needed for the Fire department, nor did it include the growth projected
for 1997 which will be approximately $200,000. The City had a net gain
of about $60,000 from the Piper Jaffray investments, but there should be
around $140,000 in settlement funds.
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Councilmember Knight suggested another $200,000 be set aside for
sealcoating and overlaying of streets. His thought was to use this as
seed money to build a fund for the maintenance of the City's streets.
He's not advocating using all of the PIR funds for streets, only
designate a larger portion of the funds for that purpose. Mr. Fursman
also noted that once the lots in the commercial area along Bunker Lake
Boulevard begin to sell, the City will have a stream of unrestricted
revenue funds. No specific Council recommendations were made on this
item.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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AGENDA SECTION
Discussion Item
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ITEM NO.
Modify Assessment Policy Guidelines/
Agricultural Properties
DATE:
November 6 1996
ORIGINATING DEPARTMENT
Scott ~rick~on~~
Engineering
The City Council is requested to discuss and approve a resolution modifying the Assessment
Policy Guidelines as it pertains to active agricultural properties. The options presented are
identified on the attached documentation.
If the Council approves a modification to the assessment policy the attached resolution will
need to indicate the changes made.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
RESOLUTION APPROVING AMENDMENT TO THE ASSESSMENT MANUAL
POLICY AND PROCEDURE GUIDE.
WHEREAS, the City Council approved the Assessment Policy and
Procedure Guide for special assessments on March 19, 1991; and
WHEREAS, the City Council believes that deferred assessments to active
agricultural properties
NOW, THEREFORE BE IT RESOLVED that the Andover City Council
hereby approve the amendment to the assessment manual entitles, "Assessment
Manual Policy and Procedure Guide."
BE IT FURTHER RESOLVED that the amendment shall be dated with the
I date of this resolution and this resolution shall be made part of the manual.
Adopted by the City Council of the City of Andover this 6th day of November ,
19 96.
CITY OF ANDOVER
A TIEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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This is a preliminary report for the Mayor and City Council regarding the modification of the
assessment policy guideline as it pertains to active agricultural properties. This item has previously
been discussed with the City Council and additional information from the City of Ham Lake and the
City of Lake Elmo has been provided. Below are three options provided for the councils review:
1, Modify the policy as originally presented at the September 17 Council Meeting,
Assessments to active agricultural properties may be deferred by the City Council until a
designated future year or until the subdivision of the property occurs or construction of
improvements thereon which shall require street access. The deferment shall be identified on the
assessment roll as being subordinate to all present and future encumbrances or financing
associated with property.
Construction of improvements shall be defined as activity upon the property which requires the
need for approval from the city, county, state or federal governmental agency. In the event that
such construction of improvements is only upon a portion of the property for which the
assessment is deferred, such deferral shall be terminated against that portion of the property where
the improvement is located in an area equal to the minimum lot size established for the zoning
district within which it is located, Such deferral can be on such terms and conditions and based
upon such standards and criteria as provided by Council resolution.
* 2. Modify the policy with a sunset date for the deferred assessment.
Assessments to active agricultural properties may be deferred by the City Council until a
designated future year or until the subdivision of the property occurs or construction of
improvements thereon which shall require street access. The deferment shall be identified on the
assessment roll as being subordinate to all present and future encumbrances or financing
associated with property.
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Construction of improvements shall be defined as activity upon the property which requires the
need for approval from the city, county, state or federal governmental agency. In the event that
such construction of improvements is only upon a portion of the property for which the
assessment is deferred, such deferral shall be terminated against that portion of the property where
the improvement is located in an area equal to the minimum lot size established for the zoning
district within which it is located. Such deferral can be on such terms and conditions and based
upon such standards and criteria as provided by Council resolution.
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Such assessments can be deferred for up to years without interest and if the property has
not been subdivided for improvements constructed thereon within that period of time, the
assessment shall be canceled. All active agricultural property with deferred assessments that are
subsequently subdivided or have improvements constructed thereon which have access to the
improvement shall require the payment of such assessments in five equal annual installments with
interest thereon at the maximum rate allowed by Minnesota law in effect at that time on unpaid
special assessments.
* 3. Modify the policy similar to the process adopted by the City of Lake Elmo.
Active Agricultural: Active agricultural property that has not been subdivided will be assessed as
one unit for each dwelling on the property. If the property is subdivided after the completion of
said improvement, but before the expiration of the assessment period or years, whichever
is the greater, then the property will pay a total contribution equivalent to the total number of
subdivided lots based on the original assessment without interest. (or with interest.)
This item will be presented at the November 6,1996, City Council Meeting, If the Council would
like to discuss any other options or variations of the options presented, let me know so they can be
included with the agenda item for this topic.
*
These options could result in the "City" general fund funding a portion of the project costs.
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CITY OF ANDOVER
ANDOVER ECONOMIC DEVELOPMENT COMMITTEE
November 6,1996
DATE
AGENDA ITEM
, J.. DTED/Metropolitan Council
, l' Contaminated Land Grant
Applications
ORIGINATING DEPARTMENT
/11/1l11/' Planning
By{~ff Johnson John Hinzman
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The Planning Department staff has recently completed applications to the Department of
Trade and Economic Development (Contamination Cleanup Program) and the
Metropolitan Council (Metropolitan Livable Communities Fund Tax Base Revitalization
Account) for grant funds to help provide financial assistance to clean up the Best Auto
Parts site (1950 Bunker Lake Boulevard NW) which is contaminated. These applications
will be submitted by staff, if approved by the Andover Economic Development
Authority.
Estimates from environmental consultants indicate that the cleanup costs for
contaminated soils that are located on the Best Auto Parts site are $877,500. The
following is a brief description of each grant application and the eligible dollar figures.
MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
(DTED)
CONTAMINATION CLEANUP GRANT APPLICATION
The Contamination Cleanup Grant Program runs on a semiannual cycle with awards
given in December and June of each year. The total legislative appropriation for this
grant program for 1996 and 1997 allows approximately $2 million to be available per
cycle for the biennium. It is possible that more money for this program will be available
from proceeds from contamination taxes the Department of Trade and Economic
Development receives from the Department of Revenue.
METROPOLITAN LIVABLE COMMUNITIES FUND
TAX BASE REVITALIZATION ACCOUNT GRANT APPLICATION
The Tax Base Revitalization Account grant provides funds for the cleanup of
contaminated land in areas that have lost commercial/industrial activity to make it
available for economic redevelopment, job retention and job growth. This grant will
provide a supplemental match for the DIED grant. This grant program runs on the same
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semiannual cycle as the DTED grant and there are approximately $3.25 million of funds
available this cycle.
ELIGIBLE GRANT FUNDS
As mentioned above, the total cleanup costs are $877,500 for this project. This grant
requires that the City pay for one-half of the project cost as a local match to obtain the
grant (the Metropolitan Council grant along with unrestricted monies will represent our
local match). The grant requires that the City pay 12% ofthe cleanup costs that come
from the municipality's general fund, a property tax levy or other unrestricted money
available to the City. Tax increment financing may not be used for this purpose. The
following is a breakdown of the grant funds that are eligible for the City of Andover
DTED Grant
Metropolitan Council Grant
Unrestricted City Monies (12%)
$438,750
$333,450
$105,300
Total Cleanup Costs
$877,500
Staff has been working very closely with representatives from DTED and the
Metropolitan Council who have reviewed our preliminary grant applications. They have
indicated to staffthat both grants have a very favorable chance of being funded 100% of
the amounts being requested. DTED officials have indicated to staff that very few
communities are seeking these funds and with more funds available in May of 1997, the
City may want to put in applications (if necessary) to fund other contaminated sites in the
salvage yard area.
RESOLUTIONS AND AGREEMENTS
The following resolutions and agreements are required for the applications and need to be
adopted by Economic Development Authority in order to be eligible for grant funds:
1) Resolution Electing to Begin Participating in the Local Housing Incentives
Account Program Under the Metropolitan Livable Communities Act
2) Housing Goals Agreement (Metropolitan Livable Communities Act)
3) A Resolution Authorizing Application for the Tax Base Revitalization Account
/
4)
A Resolution to accept DTED grant application package.
,
.I
PROPOSED PROJECT BUDGET FOR
BEST AUTO SITE, ANDOVER, MN
1. CLEAN-UP BUDGET
A. SITE INVESTIGATION AND REMEDIATION PLAN DEVELOPMENT
1. PHASE I ENVIRONMENTAL SITE ASSESSMENT
AND SOIL BORINGS
2. ANALYTICAL COSTS (SAMPLE TESTING)
3, PREPARATION OF RAPIPROJECT MANAGEMENT
TOTAL SITE INVESTIGATION AND RAP
B. IMPLEMENTING THE PLAN:
/
1. SOIL EXCAVATION
BACK-FILL HOLE
2. HAZARDOUS WASTE DISPOSAL (SOILS)
(2750 YARDS @ $200 PER YARD)
(2250 YARDS @ $ 50 PER YARD)
3. CONTAMINATION MONITORING
AND ANALYTICAL COSTS
TOTAL COSTS TO IMPLEMENT PLAN
TOTAL CLEAN-UP COSTS (ELIGmLE)
,
, /
$30,000
$21,000
$50,000
$101,000
$95,000
$ 5,000
$550,000
$112,500
$ 14,000
$776,500
$877,500
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. R..........-96
RESOLUTION ELECTING TO BEGIN PARTICIPATING IN
THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 1997
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25 to 473.254)
establishes a Metropolitan Livable Communities Fund which is intended to address housing and other
development issues facing the metropolitan area defmed by Minnesota Statutes section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization
Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is
intended to provide certain funding and other assistant to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the
Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from
the Minnesota Department of Trade and Economic Development unless the municipality is participating in
the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and
/
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate
with each municipality to establish affordable and life-cycle housing goals for that municipality that are
consistent with and promote the policies of the Metropolitan Council as provided in the adopted
Metropolitan Development Guide; and
WHEREAS, by June 30, municipalities electing to participate in the Local Housing Incentive Account
Program must identifY to the Metropolitan Council the actions they plan to take to meet the established
housing goals; and
WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the negotiated
affordable and life-cycle housing goals for each municipality; and
WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives
Account Program must do so by November 15 of each year; and
WHEREAS, for calendar year 1997, a metropolitan area municipality that did not participate in the Local
Housing Incentive Account Program during the calendar year 1996, can participate under Minnesota
Statutes section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives
Account Program by November 15, 1996; (b) the Metropolitan Council and the municipality successfully
negotiate affordable and life-cycle housing goals for the municipality; and (c) the Metropolitan Council
adopts by resolution the negotiated affordable and life-cycle housing goals for the municipality;
NOW, THEREFORE, BE IT RESOLVED THAT the (specific municipality) hereby elects to participate in
the Local Housing Incentives program under the Metropolitan Livable Communities Act during the
calendar year 1997.
I
By:
By:
J. E. McKelvey, Mayor
Victoria Volk, City Clerk
HOUSING GOALS AGREEMENT
METROPOLITAN LIVABLE COMMUNITIES ACT
PRINCIPLES
The city of Andover supports:
1. A balanced housing supply, with housing available for people at all income levels.
2. The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of
housing within the community.
3. A variety of housing types for people in all stages of the life-cycle.
4. A community of well-maintained housing and neighborhoods, including ownership and rental
housing.
5. Housing development that respects the natural environment ofthe community while striving to
accommodate the need for a variety of housing types and costs.
6. The availability of a full range of services and facilities for its residents, and the improvement of
access to and linkage between housing and employment.
GOALS
To carry out the above housing principles, the City of Andover agrees to use benchmark indicators for
communities of similar location and stage of development as affordable and life-cycle housing goals for the
period 1997 to 20 I 0, and to make its best efforts, given market conditions and resource availability, to
remain within or make progress toward these benchmarks.
CITY INDEX BENCHMARK GOAL
Affordability
Ownership 72% 69-87% 72%
Rental 26% 35-50% 35%
Life-Cycle
Type (Non-single 4% 33-35% 33%
family detached)
Owner/renter Mix 95/5% (75) / (25)% (75) / (25)%
Density
Single-Family 1.0/acre 1.9-2.3/acre 1.9
Detached
Multifamily O/acre 10-13/acre 10
To achieve the above goals, the City of Andover elects to participate in the Metropolitan Livable
Communities Act Local Housing Incentives Program and will prepare and submit a plan to the
Metropolitan Council by June 30, 1997, indicating the actions it will take to carry out the above goals.
CERTIFICATION
/
J. E, McKelvey, Mayor
Date
,
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -96
A RESOLUTION AUTHORIZING APPLICATION FOR THE TAX BASE
REVITALIZATION ACCOUNT
WHEREAS, the City of Andover is a participant in the Livable Communities
Act's Housing Incentives Program for 1996 as determined by the Metropolitan
Council, and is therefore eligible to make application for funds under the Tax
Base Revitalization Account; and
WHEREAS, the City has identified the former Best Auto Parts site at 1950 Bunker Lake
Blvd NW as a clean-up project within the City that meets the Tax Base Revitalization
account's purpose/s and criteria; and
WHEREAS, the City has the institutional, managerial and financial capability to ensure
adequate project administration; and
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WHEREAS, the City certifies that it will comply with all applicable laws and regulations
as stated in the contract agreements; and
WHEREAS, the City Council of Andover, Minnesota agrees to act as legal sponsor for
the project contained in the Tax Base Revitalization grant application submitted on
November 15, 1996; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover
is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the
City of Andover and to execute such agreements as are necessary to implement the
project on behalf of the applicant.
Adopted by the City Council of the City of Andover on this Q1h day of November,
1996.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey, Mayor
"
Victoria V olk, City Clerk
IX.
,
REQUIRED MATERIAL - LOCAL GOVERNMENT RESOLUTION
You must attach a resolution approving this application and committing the local match from the governing
body of the municipality in which the site is located. A blank resolution has been attached for your
convenience. You may chose to re-format this resolution but make sure to include all the statements that
appear in the resolution.
RESOLUTION OF APPLICANT.
Applicants must adopt and submit the following resolution. This resolution must be adopted prior to
submission of the application package,
BE IT RESOLVED that City of Andover
act as the legal sponsor for project(s)
(Applicant)
contained in the Contamination Cleanup Grant Program to be submitted on Nov. 15, 1996
and that Citv Administrator
(Title of Authorized Official)
,
lrade and Economic Development for funding of this project on behalf of
City of Andover
(Day, Month, Year)
is hereby authorized to apply to the Department of
(Applicant)
BE IT FURTHER RESOLVED that City of Andover
has the legal authority to
(Applicant)
apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate
project administration.
BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application
are committed to the project identified.
BE IT FURTHER RESOLVED that City of Andover
(Applicant)
~as not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion,
12
"conflict of interest or other unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state,
City of Andover
may enter into an agreement with the State of Minnesota for
(Applicant)
the above referenced project(s), and that City of Andover certifies that it will comply with
(Applicant)
all applicable laws and regulation as stated in all contract agreements,
NOW, THEREFORE BE IT RESOLVED that City Administrator is hereby
. (Title of Authorized Official)
authorized to execute such agreements as are necessary to implement the project(s) on behalf
of the applicant
/
I CERTIFY THAT the above resolution was adopted by the Andover City Council
(City Council, County Board, etc.)
of City of Andover on November 6, 1996 '
(Applicant)
(Date)
SIGNED:
WITNESSED:
(Authorized Official)
(Signature)
City Administrator 11/6/96
(Title) (Date)
Mayor
11/6/96
(Date)
(Title)
)
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 6. 1996
AGENDA SECTION
Non-Discussion
ORIGINATING DEPARTMENT
Finance c::1;;)"<"^
Jean D. McG'ann
liTEM NO. 15.
Redemption of Bonds
BACKGROUND:
: )
On October 15, 1996 the Andover City Council directed City Staff to proceed with the preparation of necessary
resolutions to redeem the 1986A General Obligation Improvement bond as well as the 1986C General
Obligation Refunding Bond. Please see copy of October 15, 1995 agenda item for further details.
REOUEST:
The Andover City Council is requested to adopt the attached resolution calling for redemption of outstanding
General Obligation Improvement Bonds, Series 1986A and General Obligation Refunding Bonds, Series
1986C.
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,
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE October 15.1996
AGENDA SECTION
Discussion
ORIGINATING DEPARTMENT
Finance
Jean D. McGann
I ITEM NO.
Defeasance of Bonds
BACKGROUND:
/
In 1986 the City of Andover issued the General Obligation Improvement Bonds of 1986A in the amount of
$1,795,000 and the City also did a General Obligation refunding bond issue in the amount of $2,485,000. Both
of these issued specify that the City may elect on February 1, 1997, and any interest payment date thereafter, to
prepay bonds on or after February 1, 1997.
At the present time, there is $584,434 available in the Improvement Bond of 1986A debt service account and
$1,378,508 in the 1986C refunding debt service account. The balance remaining on the debt is $695,000 and
$1,225,000 respectively.
The future interest savings that could be acknowledged for these early payoffs is approximately $425,600.
This does not take into account the interest the City could earn ifthe money was invested at today's rates. At
the present time the interest rate we are paying on the debt varies between 7% and 8%. The amount we can
receive on our investments averages 6 1/2%.
REQUEST:
The Andover City Council is requested to allow staff prepare the required documents to proceed with the call
options.
/
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EXTRACT OF MINUTES OF A MEETING OF THB
CITY COUNCIL OJ? THE CITY OF ANDOVER, MINNESOTA.
HELD: November 6, 1996
Pursuant to due call and notice th~r~of, a regular o~
gpecial meeting of the City Council of the City of Andover, Anoka
County, Minnesota, was duly called and held at the City Hall in
said City on Wednesday, the 6th day of November, 1996, at
o'clock .M.
The following members were present:
and the following were absent:
Member
resolution and moved its adoption:
introduced the following
I
RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING
GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986 AND
GENERAL OBLIGATION REFUNDING BONDS, SERIES 1986C
A. WHEREAS, the City Council of the City of Andover,
Minnesota (the .Cityll), issued on behalf of the City, $1,795,000
General Obligation Improvement Bonds, Series 1986, dated July 1,
1986 (the "1986A Bondsll), of which 1986A Bonds $695,000 still
remain outstanding; and
B. WHEREAS, all of the said 1986A Bonds maturing in
the years 1997 to 2001, both inclusive, are subjeCt to redemption
and prepayment at the op~ion of the City in inverse orde~, on
AUgu5t ~, 1996, and on any interest p~yment date thsrsafter at
par and accrued interest, all as provided in the resolution of
the City Council daced June 3, 1986 authorizing the issuance of
said 1986A Bonds (che "19B6A Resolution"); and
C. ~RRAS, the City Council deems it desirable and
in the best interests of the City to call all of the 1986A Bonds
maturing in the years 199B to 2001, both inclusive, on
February ~, 1997, ~he next interest paymen~ date, in accordance
with said ~9B6A Resolution, and
335659.1
8/S d SSLGU I SSE 'Ol'i/Ll ; IllS/51; 1\ 96, IE '0 I (001)
NY~HOW ~ S~~:H8 NOHj
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D. WHEREAS, the C~ty Council also issued on behalf of
the City, $2,485,000 General Obligation Refunding Bonds" Series
~966C, dated AUgust J., J.986 (the "J.986C Eond:::!"), of which 1.9136C
Bonds $1,225,000 sti11 remain outstanding;'and '
E. WHEREAS, all of the said 1986C Bonds maturing in
the years 1998 to 2002, both inclusive, are subject to redemption
and prepayment at the option of the City in inverse order, on
August 1, 1997, and on any interest payment date thereafter at
par and accrued interest, all as provided in the resolution of
the City Council dated AUgust 19, 1986 authorizing the issuance
of said 1.9B6C Eonds (the ":L986C Re15olution"); and
F. WHEREAS, the City Council deems it desirable and
in the best interests of the City to call all of the 1986C Bonds
maturing in the years ~99B to 2002, botb inclusive, on
Pebruary 1., 1997 in accordance with said 19S6C Resolution; and
G. WHEREAS, the 19S6A Bonds and the 1986C Bonds are
hereinafter referred to col.lectively as, the "Bonds"; and
NOW, THERBFORB. BE IT RESOLVED by the City Council of
the City of Andover, Minnesota, as follows:
/
1. 1986A Benda to be Redeemed. All of the 1906A
Bonds maturing in the y~ars 199B to 2001, both inclusive, shall
be redeemed and prepaid on February 1, 1997 at par and accr~ed
interest for each such 1986A Bond called.
2. :L986C Bonds to be Redeemp.d. All of the 1.996C
Bonds maturing in the years 1998 to 2002, both inclusive, shall
be redeemed and prepaid on Pebruary 1, 1997 at par and accrued
interest for each such 19S6C Bond called.
3. Mailed Notir.~ of Call. The City Clerk is hereby
authorized and directed to give notice of call by first class
mail (postage prepaid) not more than sixty (60) and not less than
thirty (30) days prior to February 1, 1997, tbe date for call, to
the bank where said Bands are payable and to all registered
holders of the Bonds. Said notices shall be in substantially the
fallowing forms:
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335&59.1 2
8/7 d 8SLGU I SS8 WJL I ; II IS/51; II 96,18 '0 I (filiI) Nif~.HiOl'I ~ S:.J'J: Hff JIlOHd
;
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION IMPROVEMENT
BONDS, S~RIBS 1986
CITY OF ANDOVER
ANOKA COUNTY
MINNESOTA
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NOTICE IS HEREBY GIVEN that by order of the City Council of the
City of Andover, Anoka County, Minnesota, there have been called
for redemption and prepayment on
Pebrua:ry 1, 1997
those outstanding bonds of the City designated as General
Obligation Improvement Bon~s, series 1966, date~ July 1, 1986,
having stated maturity dates in the years 1998 to 2001, both
in~lusiv~, and totaling $545,000 in principal amount. The bonds
are being called at a price of par plus accrued interest to
February 1, 1997, on which date all interest on said bonds will
cease to accrue. Holders of the bondS hereby called for
redemption are requested to present their bonds for payment, at
First Trust National Association (formerly, First Trust Comp~~y,
Inc.) ~SO East Fifth Street, 3rd Floor - Bond Drop Window, or if
py mail, to P. O. BOX 64111, 1n saint paUl, Minnesota 55164-0111,
on or before Pebruary 1, 1997.
Dated: November 6, 1996.
BY ORDER OF THE CI'I'Y COUNCIL
/s/ Vicki Volk
City Clerk
~o~tan~ ~oeid.. Under thQ Interest and Dividend Compliance Act
of 1983, 31% will be withheld if tax identification is not
properly certified.
Additional information
may be obtained from:
JURAN & MOODY, INC.
400 No~th Robert Street
Su:i.te 800
St. Paul, Minnesota 55101-2091
Telephone No.: (612) 224-1500
Telecopier NO.: (6lZ) 224-5124
Attn; Lori A. Giampaolo
Public Finance Department
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335659.1 3
8/~ d S~LGSLl~~S 'OVLI; I I IS/0G: I I 95 ,IS '01 (flHl) N'9':JHOW % ~:Jj:U8 NOH.!!
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NOTICE 011' CALL FOR REDEM!lTION
GENERAL OBLIGATION REFUNDING
BONDS, SERIES 1986C
CITY OF ANDOVER
ANOn COUNTY
MINNESOTA
~OTICE IS HEREBY GIVEN that by order of the City Council of the
City of Andover, Anoka County, Minnesota, there ha~e been called
for redemption and prepayment on
February 1, 1997
those outstanding bonds of the City designated as General
obligation Refunding Bonds, series 1986C, dated AuSUst 1, 1986,
having stated maturity dates in the years ~99B to 2002, bo~h
inclusive, and totaling $~,015,OOO in principal amount. The
bonds are being called at a price of par plus accrued interest ~o
February 1, ~997, on which date all 1nteres~ on said bonds will
cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment, at
First Trust National Association (formerly, First Trust Company,
Inc.) 180 East Pifth Street, 3rd Floor - Bond Drop Window, or if
by mail, to P. O. Box 64~11, in Saint paul, Minne30ta SSl64-0111,
on or before February 1, 1997.
Dated: November 6, 1996.
BY ORDER OF THB CITY COUNCIL
Isl ViCki Volk
City Clerk
~o~tant Ho~iaal Under thg IntQra~t and Di~idend Compliance Act
of 1983, 31~ will be withheld if tax identification is not
properly certified.
Additional information
may be obtained from:
JURAN & MOODY, INC.
400 North Robe~t Street
Suite SOO
St. Paul, Minnesota 55101-2091
Telephone No.: (612) 224-1500
Telecop1er No.: (612) 224-5124
Attn: Lori A. Giampaolo
Public Finance Department
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335659.1 -4
8/9 d E~LGEL I S~E 'OK/L 1 : tl 18/06: It 96, IE '0 I (llHl) N1DHUl'! ~ S;J;J: H8 l'!OB~
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4. De'Dosit of Suffioient Funds. The City Finance
Director is hereby authorized and directed to deposit with tbe
bank where said Bonds are payable prior to eaid call date
sufficient funds to pay all principal and interest 'due on said
Bonds as of the call date.
The motion for the aaoption
was duly seconded by member
being taken therQon, the following voted
at the foregoing resolution
and upon a vote
in favor thereof:
and the following voted against the sama,
Whereupon said resolution was declared duly pass~d and
adopted.
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335659.1 5
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STATE OF MINNESO~
COUNTY OF ANOKA
CITY OP ANDOVER
I, the undersigned, being the duly qualified and acting
City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY
that I have carefully compared the attached and foregoing extract
of minutes of the City Council of the City of Andover held on the
date therein indicated, with the original thareof on file in my
office, and the same is a full, true and complete transcript
therefrom inaofar as the aame relate= to calling for redemption
of outstanding General Obligation Improvement Bonds, Series 1986
and General Obligation Re!unding Bonds, Series 1966C.
WITNESS my hand as such City Clerk this 6th day of
November, 1996.
City Clerk
335659.1 6
8/8 d ESLGELISSE'O~Lt:ll 18/06:11 95,IE'O!(nHl) NVDHOW ~ SDD:H8 YlOH.1
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 6,1996
AGENDA
t-O.
SECTION
N on-Discussion
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
t-O.
Special Use Permit
Antenna/Tower in Excess of Thirty-Five
(35) Feet - 3017 161st Avenue NW
SBA, Inc. on behalf of Sprint Spectrum L. P.
Jeff Johnson
)10 .
PlJil/
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REOUEST
The City Council is asked to review the Special Use Permit request of SBA, Inc. on
behalf of Sprint Spectrum L. P. to construct a personal communications services
tower/antenna on the property located at 3017 161 st Avenue NW (Zoned "1"-
Industrial).
BACKGROUND INFORMATION
,
,
,
Sprint Spectrum plans to enter into a lease agreement with the current property owner
(Walter and Bonita Johnson - 3017 161st Avenue NW) to lease a 50' x 50' (2, 500 s.f.)
enclosed area in which a personal communications services tower/antenna (145 feet in
height) and ground equipment will be placed. The entire leased area will be fenced,
secured and landscaped to blend in with the surrounding character of the area.
For further information, please consult the attached minutes from the October 8, 1996
Planning and Zoning Commission meeting.
PLANNING AND ZONING COMMISSION REVIEW
The Planning and Zoning Commission at their October 8, 1996 meeting reviewed the
request and recommends to the City Council approval of the Special Use Permit.
A resolution is attached for Council review and approval.
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MOTION BY:
SECOND BY:
(
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 · (612) 755-5100
PLANNING AND ZONING COMMISSION MEETING - OCTOBER 8, 1996
MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning
Commission was called to order by Chairperson Jay Squires on October 8,
1996, 7:02 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Commissioners present:
Lynnette Barry, Randy Peek, Randy Putnam
(arrived at 8:00 p.m.) Lorna Wells
Maynard Apel, Jeffrey Luedtke
City Engineering, Todd Haas
Planning Intern, John Hinzman
City Planning, Jeff Johnson
Community Development Director, Dave Carlberg
Others
Commissioner absent:
Also present:
APPROVAL OF MINUTES
September 10, 1996: Correct as written.
I
MOTION by Peek, Seconded by Barry, to approve the Minutes as presented.
Motion carried on a 4-Yes, 3-Absent (Apel, Luedtke, Putnam) vote.
~
PUBLIC HEARING CONTINUED: SPECIAL USE PERMIT - ANTENNA TOWER IN EXCESS
OF 35 FEET - 3017 161ST AVENUE NW - SBA, INC.
.{
7:03 p.m. Mr. Johnson reviewed the request of SBA, Inc., a consultin~
firm specializing in wireless telecommunications site development, on
behalf of Sprint Spectrum L.P. to construct a Personal Communications
Services (PCS) tower/antenna of 145 feet in height on a 5.5-acre parcel
at 3017 l61st Avenue NW. The property is zoned Industrial. He noted
the applicable ordinances and criteria to be considered. The property
owners, Walter and Bonita Johnson, have agreed to lease a 50' x 50'
enclosed area in which the PCS wireless communications structure and
ground equipment will be placed. All setback requirements will be met.
A 20-foot wide paved bituminous road will lead from the bituminous
parking lot to the lease area. The tower is a single pole made of steel
and extends 140 feet above the existing grade. Up to 12 directional
antennas will be mounted near the top in three sectors. These antennas
will be spaced four feet apart and will extend an additional five feet
above the tower. Ground equipment will consist of a base transceiver
station and a control unit. Sprint Spectrum will be responsible for
maintenance issues that arise for the equipment and the road leading to
'\ the leased area. The entire leased area will be fenced and landscaped.
Fencing will consist of a six-foot high chain link fence secured with
barbed wire to prevent unauthorized entry. Landscaping will consist of
red cedar trees placed no closer than eight feet from the fence and will
be a minimum of six feet in height at the time of planting.
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 8, 1996
Page 2
(Public Hearing: Special Use Permi t - Special Use permi t - Antenna
Tower in Excess of 35 Feet - 3017 161st Avenue - SBA, Inc., Continued)
MOTION by Peek, Seconded by Barry, to open the public hearing. Motion
carried on a 4-Yes, 3-Absent (Apel, Luedtke, Putnam) vote. 7:16 p.m.
There was no public testimony.
MOTION by Barry, Seconded by Wells, to close the public hearing. Motion
carried on a 4-Yes, 3-Absent (Apel, Luedtke, Putnam) vote.
Commissioner Wells stated she will abstain from the discussion and
voting because she is an employee of US West. She also resides neac
this area and is not real thrilled about it.
MOTION by Peek, Seconded by Barry, to forward the Resolution drafted by
Staff on to the City Council with the recommendation for approval.
Motion carried on a 3-Yes, l-Present (Wells), 3-Absent (Apel, Luedtke,
Putnam) vote. This will be placed on the November 6 regular City
Council meeting which will be held at the Oak View Middle School because
of the construction at City Hall. 7:19 p.m.
"
PUBLIC HEARING: SPECIAL USE PERMIT - SECURITY ARM FOR BARBED WIRE TO A
MAXIMUM HEIGHT OF EIGHT FEET IN AN INDUSTRIAL DISTRICT - 3017 161ST
AVENUE NW - SBA, INC.
7:19 p.m. Mr. Johnson reviewed the request of SBA, Inc., on behalf of
Sprint Spectrum L. P. to allow for the placement of a barbed wire
security arm on a chain link fence surrounding the 50' x 50' equipment
on property being leased at 3017 l6lst Avenue NW. The chain link fence
will be six feet high with an additional one-foot barbed wire security
arm attached to the top of the fence to prevent unauthorized persons
from accessing or climbing the equipment and tower structure. He noted
the applicable ordinances and criteria to be reviewed.
MOTION by Peek, Seconded by Barry, to open the public hearing. Motion
carried on a 4-Yes, 3-Absent (Apel, Luedtke, Putnam) vote. 7:20 p.m.
There was no public testimony.
MOTION by Peek, Seconded by Barry, to close the public hearing. Motion
carried on a 4-Yes, 3-Absent (Apel, Luedtke, Putnam) vote. 7:20 p.m.
MOTION by Peek, Seconded by Barry, to forward to the City Council with
the recommendations for approval the Staff prepared Resolution. Motion
carried on a 3-Yes, l-Present (Wells), 3-Absent (Apel, Luedtke, Putnam)
vote. This will be placed on the November 6 regular City Council
meeting which will be held at the Oak View Middle School. 7:21 p.m.
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\ )
CITY OF ANDOVER
REQUESTF.OR PLANNING COMMISSION ACTION
October 8, 1996
DATE
AGENDA ITEM ORIGINATING
3. Public Hearing' Special Use Permit
AntennaITower in Excess of Thirty-Five Planning
(35) Feet - 3017 161st Avenue NW JeffJohnson
SBA, Inc. on behalf of Sprint Spectrum . '9 V:
FOR
REOUEST
The Planning and Zoning Commission is asked to hold a public hearing to review the
request of SBA, Inc. (a consulting firm specializing in wireless telecommunications site
development) on behalf of Sprint Spectrum L. P. to construct a Personal Communications
Services (PCS) tower/antenna (145 feet in height) on the property located at 3017 161st
Avenue NW, legally described as that part of the east 461 feet of the West Half of the
Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota
lying south of the north 2,106.01 feet; excluding road; subject to easement of record.
./
APPLICABLE ORDINANCES
Ordinance No. 113
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
construction of any tower/antenna in excess of thirty-five (35) feet in height.
The ordinance allows for antennas to be mounted on a single pole (monopole). The pole
must not exceed one hundred fifty (150) feet in height and must be set back from all
property lines at a distance equal to or greater to the height of the pole, unless a qualified
structural engineer specifies in writing that any collapse of the pole will occur within a
lesser distance under all foreseeable circumstances.
The ordinance also requires that all towers/antennas are required to meet landscaping and
screening requirements that are acceptable and approved by the City Council. The
landscaping and screening must be compatible with the surrounding character, buildings
and landscape.
, ,
The PCS tower does comply with all other general requirements set forth in Sections 6
and 7 of Ordinance No. 113. These issues are discussed and addressed in the attached
letter from SBA, Inc. dated August 26, 1996 to the Planning and Zoning Commissioners.
I..~,
/
Page Two
Special Use Permit
Antenna/Tower in Excess of Thirty-Five (35) Feet
SBA, Inc. on behalf of Sprint Spectrum L. P.
3017 161st Avenue NW
October 8,1996
Ordinance No.8. Section 5.03
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:
1. 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.
I
3. Existing and anticipated traffic conditions including parking facilities on
adjacent streets and land.
4. The effect on the proposed use on the Comprehensive Plan.
GENERAL REVIEW (SEE ENCLOSED PLANS)
Sprint Spectrum plans to enter into an agreement with the current property owner (Walter
and Bonita Johnson - 3017 161st Avenue NW) to lease a 50' x 50' (2,500 s.f.) enclosed
area in which a PCS wireless communications structure and ground equipment will be
placed. The lease area is set back as follows from the property lines:
Rear Yard (North):
Side Yard (East):
Side Yard (West):
Front Yard (South):
171.33 feet
170.92 feet
240.00 feet
253.33 feet
The leased area will be accessible. There will be a twenty (20) foot wide paved
bituminous road (to support a maintenance truck) that wil11ead from the bituminous
parking lot to the lease area.
Located within this leased area are the following components:
/
Page Three
Special Use Permit
Antenna/Tower in Excess of Thirty-Five (35) Feet
SBA, Inc. on behalf of Sprint Spectrum L. P.
3017161stAvenueNW
October 8, 1996
Personal Communications Services (J'CS) Tower/Antennas
The PCS tower is a single pole (monopole), is made of steel, is grey in color and extends
140 feet above the existing grade. This height has been determined by RF engineers so
that adequate coverage can be obtained from the services provided. Up to twelve (12)
directional antennas will be mounted near the top of the tower in three sectors oriented at
0, 120, and 240 degrees from true north. These antennas will be spaced four (4) feet apart
and will extend an additional five (5) feet above the tower for a total tower/antenna height
of 145 feet above the existing grade,
Ground Equipment
Ground equipment will consist of the following:
1) Base Transceiver Station - contains radio frequency transceivers, self-contained
batteries for back-up power, radio equipment, computer equipment and climate
control equipment.
2) Control Unit - will have its own built in HV AC.
Sprint Spectrum will be responsible for all maintenance issues that arise in connection
with or as a result of the tower/antenna site.
FencinglLandscaping
The entire leased area will be fenced and landscaped. Fencing will consist of chain link
(6 feet in height) and will be secured with barbed wire to prevent unauthorized entry.
Landscaping will consist of red cedar trees that will be placed no closer than eight (8) feet
from the fence and will be a minimum of 6 feet in height at the time of planting.
COMMISSION OPTIONS
'\
J
A.
The Planning and Zoning Commission may approve the Special Use Permit
requested by SBA, Inc. on behalf of Sprint Spectrum L. P. to construct a PCS
tower/antenna (approximately 145 feet in height) on the property located at
/
Page Four
Special Use Permit
Antenna/Tower in Excess of Thirty-Five (35) Feet
SBA, Inc. on behalf of Sprint Spectrum L. P.
3017161stAvenueNW
October 8, 1996
3017 161st Avenue NW, legally described above.
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 ofthe 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 ofthe tower/antenna does not exceed one
hundred and fifty (150) feet.
B.
The Planning and Zoning Commission may deny the Special Use Permit
requested by SBA, Inc. on behalf of Sprint Spectrum L. P. to construct a
PCS tower/antenna (approximately 145 feet in height) on the property located
at 3017 161st Avenue NW, legally described as above.
/
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.
C. The Planning and Zoning Commission may table the item.
Representatives from SBA, Inc. will be present to address comments from
Commissioners and residents in regards to this matter.
"
'.
I
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO.1L- -96
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF SBA, INC. ON BEHALF
OF SPRINT SPECTRUM L. P. FOR THE CONSTRUCTION OF A PERSONAL COMMUNICATIONS
SERVICES (PCS) TOWER/ANTENNA (TOWER/ANTENNA NOT TO EXCEED 150 FEET IN
HEIGHT FROM GROUND LEVEL) LOCATED ON THE PROPERTY AT 3017 161ST A VENUE NW,
LEGALLY DESCRIBED AS THAT PART OF THE EAST 461 FEET OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 32, RANGE 24, ANOKA COUNTY,
MINNESOTA LYING SOUTH OF THE NORTH 2,106.01 FEET; EXCLUDING ROAD; SUBJECT TO
EASEMENT OF RECORD.
WHEREAS, SBA, Inc. on behalf of Sprint Spectrum L. P. has requested a Special Use Permit to construct
a Personal Communications Service (PCS) tower/antenna (tower/antenna height not to exceed one hundred
and fifty feet in height from ground level) on the property located at 3017 161st Avenue NW, legally
described above; 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 and Ordinance No. 113; 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
I
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 SBA, Inc. on behalf of Sprint
Spectrum L. P. to construct a PCS tower/antenna that does not exceed one hundred fifty (ISO) feet in
height on said property with the following conditions:
I. The 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 sunset clause as defmed in Ordinance No.8,
Section 5.03(D).
Adopted by the City Council ofthe City of Andover on this Q!h day of November,
1996.
CITY OF ANDOVER
A TIEST:
J.E. McKelvey, Mayor
Victoria Volk, City Clerk
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DISTANCES (MEASURED IN FEET)
FROM SPRINT TOWER TO:
NEAREST HOME =
u. S. WEST TOWER =
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820 FEET
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MS03XC680V5
Ground Built Monopole
Proposed Screening
Walter Johnson Property
3017161st Avenue, Andover, MN
Anoka County
r,
( ,
, /
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER. MINNESOTA 55304 · (612) 755-5100
SPECIAL USE PERMIT
property Address
3017 161st Avenue NW, Andover, MN 55304
Legal Description of property:
(Fill in whichever is appropriate):
Lot
Block
Addition
(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 from the
County. )
-----------------------------------------------------------------
PIN 163224230002
Reason for Request The proposal is to construct a 145' monopole.
According to the City of Andover zoning ordinance No. 113, Section 3
,
a special use permit is required.
,
/
Section of Ordinance 113, Section 3 Current zoning I (Industrial)
-----------------------------------------------------------------
Name of Applicant Sprint Spectrum, c/o Dale Runkle, SBA, Inc.
Address
7625 Metro Boulevard, Suite 235, Edina, MN 55439
Home Phone (612) Business phone (612) 830-1555 ext. 235
Signature U ~C2 fl-if2-- Date 8/16/96
-----------------------------------------------------------------
Property Owner (Fee Owner) Walter J. Johnson and Bonita L. Johnson
(If different from above)
Address
3017 161st Avenue NW, Andover, MN 55304
Signatu
Business Phone
\
/
Date .,4lt r 2-d, /1:q P
---------------------------------------------
SPECIAL USE PERMIT
PAGE 2
\
.J
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; dimensions 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 CfI90.00~@
Residential 0.00 ~
Amended SUP $50.00 .
Recording Fee
Abstract propert~5.0~ ~
Torrens property $34.50
Date Paid e/U !q'r-
"
Rev. 5-06-93:d'A
5-04-94:bh
2-01-95:bh
3-22-95:bh
Res. 179-91 (11-05-91)
Receipt i~215.W
1+ O)51~1
off- OsS/ loO
~
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
/
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 · (612) 755-5100
CITY of ANDOVER
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, October 8, 1996 at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the
Special Use Permit request of SBA, Inc. on behalf of Sprint Spectrum, pursuant to
Ordinance No. 113 to construct a Personal Communications Service (PCS) wireless
communications tower (145 feet in height) on the property located at 3017 161st Avenue
NW, legally described as follows:
That part of the east 461 feet of the West Half of the Northwest Quarter of Section 16,
Township 32, Range 24, Anoka County, Minnesota lying south of the north 2,106.01
feet; excluding road; subject to easement of record.
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.
I / _' . /' ;/
~--jL/ /,.~/--
Victoria V olk, City Clerk
Publication Dates: September 27,1996 and October 4, 1996
)
PIN: 163224230001
P & R PROPER1YS PARTNERSHIP
,-' 'H 161ST AVE NW
,...DOVER MN 55304
PIN: 163224230002
JOHNSON WALTER A
3017 161ST AVE NW
ANOKA MN 55304
PIN: 163224230021
ANDOVER CITY OF
1685 CROSSTOWN BD NW
ANOKA MN 55304
PIN: 163224230022
GILBERTSON BLOCK COMPANY
3098 162ND LN NW
ANOKA MN 55304
PIN: 163224230023
ACE SOLID WASTE INC
3118 162ND LN NW
ANDOVER MN 55304
PIN: 163224240003
HOGENDORF RENEE M
2875 161ST AVE NW
ANDOVER MN 55304
PIN: 163224240004
HEYEN RICHARD H & MARY H
2975 161ST AVE NW
ANDOVER MN 55304
PIN: 163224310001
PACKER ALICE C
16029 ROUND LAKE BLVD NW
ANDOVER MN 55304
PIN: 163224320006
SONTERRE LYNNE R & DAVID D
3026 161ST ANE NW
. "DOVER MN 55304
/
PIN: 163224320007
PACKER LEON A JR
3074 161ST AVE NW
ANDOVER MN 55304
PIN: 163224320008
PACKER SHIRLEY A
16029 ROUND LAKE BLVD NW
ANDOVER MN 55304
'\
CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
DATE Nnvpmhpr h, 10Qk
AGENDA
1\0.
SECTION
Non-Discussion
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
1\0.
,1.
Special Use Permit
Security Arm - Barbed Wire
Max. Height Eight (8) Feet in "I" Zoned
District - 3017 161st Avenue NW
SBA, Inc. on Behalf of Sprint Spectrum L. P.
Jeff Johnson
Planning
BY(J/
REOUEST
'\
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The City Council is asked to review the Special Use Permit request of SBA, Inc. on
behalf of Sprint Spectrum L.P. to allow for the placement of a barbed wire security arm
on a chain link fence surrounding the 50' x 50' (2500 s.f.) enclosed lease area that
contains a wireless communications tower and ground equipment on the property located
at 3017 161st Avenue NW (Zoned "I" - Industrial).
The height of the chain link fence will be six (6) feet with an additional one (1) foot
barbed wire security arm attached to the top of the fence for a total height of seven (7)
feet. The proposed fence and barbed wire will prevent unauthorized persons from
accessing and climbing the equipment and tower structure.
BACKGROUND
For background information please consult the attached staff report presented to the
Planning and Zoning Commission and the minutes from their October 8, 1996 meeting,
PLANNING AND ZONING COMMISSION REVIEW
The Planning and Zoning Commission at their October 8, 1996 meeting reviewed the
request and recommends to the City Council approval of the Special Use Permit.
A resolution is attached for Council review and approval.
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MOTION BY:
SECOND BY:
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. B.....--96
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF SBA, INC. ON BEHALF
OF SPRINT SPECTRUM L. P. FOR THE PLACEMENT A BARBED WIRE SECURITY ARM ON A
FENCE (FENCE AND BARBED WIRE NOT TO EXCEED EIGHT FEET IN HEIGHT) LOCATED ON
THE PROPERTY AT30I7 I6IST AVENUENW, LEGALLY DESCRIBED AS THAT PART OF THE
EAST 461 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 16,
TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA LYING SOUTH OF THE NORTH
2,106.01 FEET; EXCLUDING ROAD; SUBJECT TO EASEMENT OF RECORD.
WHEREAS, SBA, Inc. on behalf of Sprint Spectrum L. P. has requested a Special Use Permit to place
barbed wire on a fence (fence and barbed wire not to exceed eight feet in height) on the property located at
3017 I6Ist Avenue NW, legally described above; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said
request meets the criteria of Ordinance No.8, Sections 5.03 and 4.21; 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 so the City Council approval of the
Special Use Permit requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with
the recommendation of the Planning and Zoning Commission to allow SBA, Inc. on behalf of Sprint
Spectrum L. P. to place a barbed wire security arm on a fence on said property with the following
conditions:
I. The 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 sunset clause as defmed in Ordinance No.8,
Section 5.03 (D).
Adopted by the City Council of the City of Andover on this 6th day of November, 1996.
CITY OF ANDOVER
ATTEST:
I.E. McKelvey, Mayor
/
Victoria Volk, City Clerk
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 8, 1996
I Page 2
(Public Hearing: Special Use Permi t - Special Use Permi t - Antenna
Tower in Excess of 35 Feet - 3017 161st Avenue - SBA, Inc., Continued)
MOTION by Peek, Seconded by Barry, to open the public hearing. Motion
carried on a 4-Yes, 3-Absent (Apel, Luedtke, Putnam) vote. 7:16 p.m.
There was no public testimony.
MOTION by Barry, Seconded by Wells, to close the public hearing. Motion
carried on a 4-Yes, 3-Absent (Apel, Luedtke, Putnam) vote.
Commissioner Wells stated she will abstain from the discussion and
voting because she is an employee of US West. She also resides neac
this area and is not real thrilled about it.
MOTION by Peek, Seconded by Barry, to forward the Resolution drafted by
Staff on to the City Council with the recommendation for approval.
Motion carried on a 3-Yes, l-Present (Wells), 3-Absent (Apel, Luedtke,
Putnam) vote. This will be placed on the November 6 regular City
Council meeting which will be held at the Oak View Middle School because
of the construction at City Hall. 7:19 p.m.
.,
PUBLIC HEARING: SPECIAL USE PERMIT - SECURITY ARM FOR BARBED WIRE TO A
MAXIMUM HEIGHT OF EIGHT FEET IN AN INDUSTRIAL DISTRICT - 3017 161ST
AVENUE NW - SBA, INC.
~
7:19 p.m. Mr. Johnson reviewed the request of SBA, Inc., on behalf of
Sprint Spectrum L. P. to allow for the placement of a barbed wire
security arm on a chain link fence surrounding the 50' x 50' equipment
on property being leased at 3017 16lst Avenue NW. The chain link fence
will be six feet high with an additional one-foot barbed wire security
arm attached to the top of the fence to prevent unauthorized persons
from accessing or climbing the equipment and tower structure. He noted
the applicable ordinances and criteria to be reviewed.
MOTION by Peek, Seconded by Barry, to open the public hearing. Motion
carried on a 4-Yes, 3-Absent (Apel, Luedtke, Putnam) vote. 7:20 p.m.
There was no public testimony.
MOTION by Peek, Seconded by Barry, to close the public hearing. Motion
carried on a 4-Yes, 3-Absent (Apel, Luedtke, Putnam) vote. 7:20 p.m.
MOTION by Peek, Seconded by Barry, to forward to the City Council with
the recommendations for approval the Staff prepared Resolution. Motion
carried on a 3-Yes, l-Present (Wells), 3-Absent (Apel, Luedtke, Putnam)
vote. This will be placed on the November 6 regular City Council
meeting which will be held at the Oak View Middle School. 7:21 p.m.
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CITY OF ANDOVER
REQUESTF,OR PLANNING COMMISSION ACTION
October 8, 1996
AGEN.P.~ub\I~ring' Special Use Permit
Security Arm for Barbed Wire to a
Max. Height of Eight (8) Feet in an "I"
Zoned District - 3017 I6Ist Avenue NW
SBA, Inc. on Behalf of Sprint Spectrum L. P.
DATE
ORIGINATING DEPARTMENT
BY:
APPROVED FOR
?P
BY:
REOUEST
The Andover Planning and Zoning Commission is asked to review the Special Use
Permit request of SBA, Inc. on behalf of Sprint Spectrum L. P. (SSLP) to allow for the
placement of a barbed wire security arm on a chain link fence surrounding the 50' x 50'
(2500 s.f.) enclosed lease area that contains a wireless communications tower and ground
equipment on the property located at 3017 161 st Avenue NW, legally described as that
part of the east 461 feet ofthe West Half of the Northwest Quarter of Section 16,
Township 32, Range 24, Anoka County, Minnesota lying south of the north 2,106.01
feet; excluding road; subject to easement of record.
GENERAL REVIEW
The height of the chain link fence will be six (6) feet with an additional one (1) foot
barbed wire security arm attached to the top of the fence for a total height of seven (7)
feet. The proposed fence and barbed wire will prevent unauthorized persons from
accessing and climbing the equipment and tower structure.
The property is zoned "I" (Industrial).
APPLICABLE ORDINANCES
Ordinance No.8, Section 4.21(E) - Fences and Walls allows a security arm for barbed
wire to a maximum height of eight (8) feet by Special Use Permit in any Industrial or
Business District.
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:
1. The effect of the proposed use on the health, safety, morals and general welfare of
occupants of surrounding lands.
/
/
/
Page Two
Special Use Permit
Security Arm for Barbed Wire to Maximum Height of Eight (8) Feet
SBA Inc., on behalf of Sprint Spectrum L. P.
3017161stAvenueNW
October 8, 1996
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 on the proposed use on the Comprehensive Plan.
COMMISSION OPTIONS
A.
The Planning and Zoning Commission may approve the Special Use Permit
requested by SBA, Inc, on behalf of Sprint Spectrum L. P. to place a barbed wire
security arm on a fence located at 3017 161st Avenue NW, legally described as
above.
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.8, Section 4.21 and the height ofthe fence in addition to the barbed
wire placed does not exceed eight (8) feet.
B. The Planning and Zoning Commission may deny the Special Use Permit
requested by SBA, Inc. on behalf of Sprint Spectrum L. P. to place a barbed wire
security arm on a fence located at 3017 161st Avenue NW, legally described as
above.
The Commission finds the request does not meet the criteria established in
Ordinance No, 8, Sections 5.03 and 4.21. In denying the request, the Commission
shall state those reasons for doing so.
C. The Planning and Zoning Commission may table the item.
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SB~
SBA, Inc. . Wireless Communications Consultants
7625 Metro Boulevard' Suite 235
Edina, Minnesota 55439
FAX: (612) 830-1924' Phone: (612) 830-1555
National & International
September 10, 1996
Planning Commission Members
City of Andover
1865 Crosstown Boulevard N.W.
Andover, Minnesota 55304
RE: 3017161st Avenue, Northwest Andover, Minnesota 55304
Application for Conditional Use Permit Per City Code Section 3
by Sprint Spectrum, L.P. Minneapolis
Members of the Planning Commission:
Please find enclosed an application for a Special Use Permit. This request is being made by SBA, Inc. on
behalf of Sprint Spectrum L.P. (SSLP). SSLP has applied for a SUP to construct a tower at the above-
referenced site. The tower and ground equiptment will be submitted by a chain link fence. The purpose or
the attached SUP is to allow the placement of barbed wire on the fence surrounding the 50 x 50 area
containing the tower and ground equipment. The request to add barbed wire to the chain link fence is
proposed in order to provide security to the ground equipment valued at approximately $300,000. The total
height of the proposed fence with attached barbed wire will be 7'. The proposed fence and barbed wire will
prevent persons from accessing and climbing the equipment and tower.
We hope this correspondence and enclosures explain our application and address the requirements set forth
in your city ordinance. Should you have any questions regarding the attached Application for Special Use
Permit or would like to discuss PCS technology further, please feel free to contact me at 612/830-1555,
extension 235. SSLP and SBA, Inc. appreciate the assistance that we have received from the City Staff and
we look forward to working with you to better serve the public in this area.
Thank you in advance for your consideration of this matter.
-D~~fli)L
Dale Runkle
SBA Inc. Zoning Manager
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MS03XC680VS
Ground Built Monopole
Proposed Screening
Walter Johnson Property
3017161st Avenue, Andover, MN
Anoka County
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
SPECIAL USE PERMIT
Property Address 3017: 161stAveilue NW, Andover, MN 55304
Legal Description of Property:
(Fill in whichever is appropriate):
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Lot
Block
Addi ti on
PIN
163224230002
(If metes and bounds, attach
the complete legal
description. )
Is the proper_ty: Abstract x or Torrens ? (This
information must be provided and can be obtained from the
County. )
-----------------------------------------------------------------
Reason for Request
The proposal is to request the placement of
barbed wire on a fence surrounding a 50 x 50 compound. The fence and barbed
'.
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wire will provide security to the equipment and prevent persons from accessing
and climbing on the equipment.
Section of Ordinance 8, Section 4.21(e~rrent Zoning Industrial
-----------------------------------------------------------------
Name of Applicant
Sprint Spectrum c/o Dale Runkle, SBA, Inc.
Address 7625 Metro Boulevard, Suite 235, Edina, MN 55439
Home Phone
Signature~ JJ_ (1 fiLJl(
Business Phone (612)830-1555 ext.235
Date 9-/6 -9,.6
-----------------------------------------------------------------
P rope rty Owne r (Fee Owne r) Walter J. Johnson and Bonita L. Johnson
(If different from above)
Address 3017 161st Avenue NW, Andover, MN 55304
"
Home Phone
Signatur
Business Phone
)
Date ~ It-, (q.--eh
---------------------------------------------
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SPECIAL USE PERMIT
PAGE 2
The following information shall be submitted p~ior to review by
the City of Andover:
1. A scaled drawing of the property and structures affected
showing: scale and north arrow; dimensions 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 ~r 00)
Residential $. 00 .~
Amended SUP $50. 00_ ~~
Recording Fee
Abstract property ~
Torrens property ~
Date Paid J.Q13(0~
Receipt It
O')(PIOt ~ 1'lqo"""
6?> ~IOl ~ 25/
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Rev. 5-06-93:d'A
5-04-94:bh
2-0l-95:bh
3-22-95:bh
Res. 179-91 (11-05-91)
CRITERIA FOR GRANTING SPECIAL USE': PERMITS
In granting a Special Use Permit, the City Council shall consider
the advice and recommendation of the Planning and zoning
Commission and:
1. The effect of the proposed use upon the health, safety,
morals and general welfare of occupants of surrounding
lands.
2. Existing and anticipated traffic conditions including
parking facilities on adjacent streets and lands.
3. The effect on values of property and scenic views in the
surrounding area.
4. The effect of the proposed use on the Comprehensive Plan.
,
,
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Ordinance No.8, Section
,
)
5.03 Special (Conditional) Uses General Statement
(A) Special Use Permits may be granted or denied in any
district by action of the City Council.
The Andover City Clerk shall maintain a record of all Special
Use Permits issued including information on the use,
location, conditions imposed by the City Council, time
limits, review dates, and such other information as may be
appropriate. A copy of the Special Use Permit shall also be
filed with the Building Inspector.
Any change involving structural alteration, enlargement,
intensification of use, or similar change not specifically
permitted by the Special Use Permit shall require an amended
Special Use Permit and all procedures shall apply as if a new
permit were being issued.
, /
All uses existing at the time of adoption of this Ordinance
and automatically granted a Special Use Permit, shall be
considered as having a Special Use Permit which contains
conditions which permits the land use and structures as they
existed on said date and any enlargements, structural
alteration, or intensification of use shall require an
amended Special Use Permit as provided for above.
Certain uses; while generally not suitable in a particular
zoning district, may, under some circumstances be suitable.
When such circumstances exist, a Special Use Permit may be
granted. Conditions may be applied to issuance of the permit
and a periodic review of the permit may be required. The
permit shall be granted for that particular use and not for a
particular person or firm. The cancellation of a Special Use
Permit shall be considered administratively equivalent to a
rezoning and the same requirements and procedures shall
apply.
(B) criteria For Granting Special Use Permits:
In granting a Special Use Permit, the city Council shall
consider the advice and recommendation of the Planning
Commission and:
the effect of the proposed use upon the health, safety,
morals and general welfare of occupants of surrounding
lands,
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.
/)
If it shall determine by Resolution that the proposed use:
will not be detrimental to the health, safety, morals,
or general welfare of the community
Page 42
Ordinance No.8, Section
nor will cause serious traffic congestion nor hazards,
~
)
nor will seriously depreciate surrounding property
values, and
that said use is in harmony with the general purpose and
intent of this Ordinance and the Comprehensive Plan,
the City Council may grant such permits.
(1) In-home beauty salons/barber shops shall be subject
to the following:
a. One (1) chair salon/barber only
b. The hours of operation shall be approved by the
City Council.
c. Parking requirements shall be as set out in
Ordinance No.8, Section 8.08.
d. The salon/shop must comply with the state
Cosmetology Board and the State Barbers Board
requirements.
~
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e. In non-sewered areas, the septic system must be
in compliance with Ordinance No. 37, the On-Site
Septic System Ordinance. A beauty shop/barber shop
shall be considered the equivalent to one (1)
bedroom in terms of usage under Ordinance No. 37.
f. The Special Use Permit shall be subject to an
annual review.
g. The beauty shop/barber shop shall be owner
occupied.
h. Upon sale of the premises for which the Special
Use Permit is granted, such Permit shall terminate.
i. Drawings detailing the salon/shop shall be
submitted at the time of the request for the
Special Use Permit.
, )
j. In non-sewered areas, a minimum of 39,000
square feet of lot size shall be required.
k. In non-sewered areas, the septic system shall
be inspected annually before the Special Use Permit
is reviewed. (8Q, 5-4-82)
(2) Retail Sho~ping in Industrial Districts shall be
subject to the ollowing: .
a. The Special Use Permit shall be subject to an
annual review.
b. Detailed drawings of the building to be used or
converted shall be submitted.
Page 43
Ordinance No.8, Section
c. The use that the Retail Shopping is to be put
shall be stated.
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d. parking requirements shall be as set out in
Ordinance No.8, Section 8.08.
e. A general inventory shall be provided along
with other items determined necessary by the City
Council. (8R, 7-6-82; 8YY, 11-03-88))
(C) Procedure:
(1) The person applying for a Special Use Permit shall
fill out and submit to the Clerk a "Request for Special
Use Permit form" together with a fee as set by City
Council resolution. An additional fee as set by Council
Resolution may be required for each meeting in excess of
two (2), which is necessary because of incomplete
information or changes in the petition.
"
)
(2)- The Clerk shall refer the application to the
Planning Commission. Property owners and occupants
within three hundred fifty (350') feet of the property
in question shall be notified at least ten (10) days
prior to the Planning Commission meeting, although
failure of any property owners or occupants to receive
such notification shall not invalidate the proceedings.
Notification shall be by mail. The petitioner shall be
required to submit a list of the property owners and
occupants within three hundred fifty (350') feet as part
of the petition. (8A, 2-14-75; 8FFF, 12-06-88)
(3) The Planning Commission shall consider the petition
at its, next regular meeting, but not earlier than seven
(7) days from date of submission to the Planning
Commission.
(4) The petitioner or his representative shall appear
before the Planning Commission in order to answer
questions concerning the proposed Special Use Permit.
(5) The report of the Planning Commission shall be
placed on the agenda of the City Council in the
following manner:
a. Recommendations from the Planning Commission
meeting held on the second Tuesday shall be placed
on the agenda of the City Council no later than
their first Tuesday meeting of the following month.
,
,J
b. Recommendations from the Planning Commission
meeting held on the fourth Tuesday shall be placed
on the agenda of the City Council n~ later than
their third Tuesday meeting of the following month,
unless there are five (5) Tuesdays in the given
month from which the recommendation of the Planning
Commission is made, in which case the
recommendation shall be placed on the agenda of the
City Council no later than their first Tuesday
meeting of the following month. (8FFF, 12-06-88)
Page 44
Ordinance No.8, Section
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(6) The City Council must take action on the
application within sixty (60) days after receiving the
report of the Planning Commission. If it grants the
Special Use Permit, the City Council may impose
conditions (including time limits) it considers
necessary to protect the public health, safety and
welfare, and such conditions may include a time limit
for the use to exist or operate.
(7) An Amended Special Use Permit application shall be
administered in a manner similar to that required for a
new special use permit except that the fee shall be as
set by City Council resolution. Amended Special Use
permits shall include re-applications for permits that
have been denied, requests for changes in conditions,
and as otherwise described in this Ordinance.
(8) No application for a Special Use Permit shall be
resubmitted for a period of one (1) year from the date
of said order of denial.
(9) When a Special Use Permit may be of general
interest to the Community or more than the adjoining
owners, the Planning Commission may hold a public
hearing and the Special Use Permit shall be reviewed
with notice of said hearing published at least ten (10)
days prior to the hearing.
, )
(D) Special Use Permit Sunset Clause
If the City Council determines that no significant progress
has been made in the first twelve (12) months after the
approval of the Special Use Permit, the permit will be null
and void. (8LLL, 4-17-90)
5.04 Variances and Appeals
Where there are practical difficulties or unnecessary hardships in
any way of carrying out the strict letter of the provisions of
this Ordinance, an appeal may be made and a variance granted. The
hardships or difficulties must have to do with the characteristics
of the land and not the property owner.
The procedure for granting variances is as follows:
(A) A person desiring a variance shall fill out and submit
to the City Clerk a "Request for Variance form" together with
a fee as set by City Council resolution if the variance
request involves single-family residential. All other
requests shall have a fee as set by City Council Resolution.
(800, 2-18-86)
'.
\. ,"
(8) The application shall be referred to the Planning
Commission which shall submit a report to be placed on the
agenda of the City Council in the following manner:
(1) Recommendations from the Planning Commission meeting
held on the second Tuesday shall be placed on the agenda
of the City Council no later than their first Tuesday
meeting of the following month.
page 45
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 · (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The Planning and Zoning Commission ofthe City of Andover will hold a public hearing
at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, October 8, 1996 at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the
Special Use Permit request of SBA, Inc. on behalf of Sprint Spectrum, pursuant to
Ordinance No.8, Section 4.21 to allow for the placement of barbed wire on the fence
surrounding the lease area containing the Personal Communications Service (PCS)
wireless communications tower and ground equipment on the property located at 3017
161st Avenue NW, legally described as follows:
, "
\... ) That part of the east 461 feet of the West Half of the Northwest Quarter of Section 16,
Township 32, Range 24, Anoka County, Minnesota lying south of the north 2,106.01
feet; excluding road; subject to easement of record.
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.
l,-~~ ;J~~
Victoria V olk, City Clerk
Publication Dates: September 27, 1996 and October 4,1996
, '\
,~)
PIN: 163224230001
P & R PROPERTYS PARTNERSHIP
. ,
121 161ST AVE NW
/
ANDOVER MN 55304
PIN: 163224230002
JOHNSON WALTER A
3017 161ST AVE NW
ANOKA MN 55304
PIN: 163224230021
ANDOVER CITY OF
1685 CROSSTOWN BD NW
ANOKA MN 55304
PIN: 163224230022
GILBERTSON BLOCK COMPANY
3098 162ND LN NW
ANOKA MN 55304
PIN: 163224230023
ACE SOLID WASTE INC
3118 162ND LN NW
ANDOVER MN 55304
PIN: 163224240003
HOGENDORF RENEE M
2875 161ST AVE NW
ANDOVER MN 55304
PIN: 163224240004
HEYEN RICHARD H & MARY H
2975 161ST AVE NW
ANDOVER MN 55304
PIN: 163224310001
PACKER ALICE C
16029 ROUND LAKE BLVD NW
ANDOVER MN 55304
PIN: 163224320006
SONTERRE LYNNE R & DAVID 0
3026 161ST ANE NW
~DOVER MN 55304
)
PIN: 163224320007
PACKER LEON A JR
3074 161ST AVE NW
ANDOVER MN 55304
PIN: 163224320008
PACKER SHIRLEY A
16029 ROUND LAKE BLVD NW
ANDOVER MN 55304
. "
, I
CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
DA TE November 6, 1996
AGENDA SECnON
t-O. Non-discussion Item
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
ITEM
t-O. SUP 96-15
Area Identification Sign
Timber Oaks Estates
Woodland Development Co.
\~.
Planning "5 vJ*
BY:
John Hinzman
Request
,
;
The City Council is asked to review and approve the Special Use Permit request of
Woodland Development Company to erect an area identification sign on the corner of
139th Avenue NW and Prairie Road NW. The Planning and Zoning Commission has
reviewed the application and has recommended that placement of the sign be coordinated
with construction of a sidewalk along 139th Avenue, so that pedestrian traffic is not
obscured from on-coming traffic on Prairie Road NW. Please consult the attached staff
report dated October 8,1996 and the minutes from the Planning and Zoning Commission
meeting for further information.
Recommendation
The Planning and Zoning Commission recommends approval of the variance request
with the conditions stipulated in the attached resolution.
'.
, /
MOTION BY:
SECOND BY:
/
, ,
, I
\
I
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -96
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF
WOODLAND DEVELOPMENT COMPANY TO ALLOW FOR THE
INSTALLATION OF AN AREA IDENTIFICATION SIGN PURSUANT TO
ORDINANCE NO.8, SECTION 8.07(D)(2)(h) ON PROPERTY LOCATED AT 13948
PRAIRIE ROAD NW.
WHEREAS, Woodland Development Company has requested a Special Use Permit to
allow for the installation of an area identification sign pursuant to Ordinance No.8,
Section 8.07(D)(2)(h) on property located at 13948 Prairie Road NW legally described as
the following:
That part of Government Lot 1, Section 36, Township 32, Range 24,
Anoka County, Minnesota, lying Northerly of the center line of County
Road 116 and lying Westerly of the center line of Prairie Road as
described in Document No. 623459, and lying South of the North 10 acres
of that part of said Government Lot 1 lying Westerly of said center line of
Prairie Road.
Subject to covenants, restrictions and easements of record, if any, and
subject to the right of way of Prairie Road and Bunker Lake Road.
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria for granting a Special Use Permit
stipulated in Ordinance No.8; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals, and general welfare of the City of
Andover; and
WHEREAS, a public hearing was held and there was no opposition to the request; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the Special Use Permit as requested.
Page Two
SUP - Area ID sign
Timber Oaks Estates.
October 8, 1996
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the Special Use Permit on said property with the following conditions:
1) That the special use permit be subject to a sunset clause as defined in
Ordinance No.8, Section 5.03(d).
2) That the special use permit be subject to an annual review by Staff.
3) That the applicant execute a written agreement for the maintenance of the sign.
4) That the applicant obtain a sign permit prior to erection of the sign.
5) That the placement of the sign not visually interfere with pedestrian traffic
using the sidewalk along 139th Avenue NW.
Adopted by the City Council of the City of Andover on this 6th day of November,
1996.
CITY OF ANDOVER
ATTEST:
lE. McKelvey, Mayor
Victoria V olk, City Clerk
/
" '\
)
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 8, 1996
Page 9
(Public Hearing: Preliminary Plat - Timber Oaks Estates
She was also concerned with the oak wilt. Commissione
concerned with crossing prairie Road and would sup
both sides of prairie Road from 139th Lan
Boulevard. He felt that should be looked
that would impact the wetland. Mr. Haa
the Council.
tinued)
tnam was also
aving a trail on
th to Bunker Lake
ough he didn't know if
they will bring that to
MOTION by Peek, Seconded
recommendation for appro
second paragraph, "
"there was some
the drainage
Motion c
plac
m, to forward to the City Council the
f the Resolution drafted by Staff. In the
...comments were favorable", amend to state
rns from the public regarding tree preservation,
ct on adjacent properties, sidewalks and traffic"
on as-Yes, 2-Absent (Apel, Luedtke) vote. This will be
the November 6 regular City Council meeting which will be held
e Oak View Middle School. 8:50 p.m.
S\ PUBLIC HEARING: SPECIAL USE PERMIT - AREA IDENTIFICATION SIGN - TIMBER
\:Jf OAKS ESTATES - SECTION 36 - WOODLAND DEVELOPMENT COMPANY
8 : SOp. m. Mr. Hinzman reviewed the request of Woodland Development
Company to install an area identification sign for the Timber Oaks
, '\ Estates subdivision at 13948 Prairie Road. The sign would measure 32
_) square feet and consist of a 3' x 8' stone sign supported by two brick
pillars measuring 2' x 2'. The sign would be placed approximately 10
feet from the right of way of both 139th Lane and prairie Road and would
be out of the 50-foot triangle of visibility in that area.
Bvron Westlund. Woodland Development - staged the sign will be behind
the car which pulls up to prairie Road on 139th Lane. The area will be
landscaped with shrubs.
MOTION by Peek, Seconded by Putnam, to open the public hearing. Motion
carried on as-Yes, 2-Absent (Apel, Luedtke) vote. 8:58 p.m. There was
no public testimony.
MOTION by Peek, Seconded by Wells, to close the public hearing. Motion
carried on as-Yes, 2-Absent (Apel, Luedtke) vote. 8:58 p.m.
A concern of the Commission was that the sign be placed far enough back
so that a car coming from the north on prairie Road would be able to see
someone on the sidewalk approaching the intersection of 139th Lane. It
was suggested consideration be given to placing the structure on the
south side of the intersection of 139th Lane and prairie Road because of
the sidewalk on the north side.
,- '\
,-J
MOTION by Peek, Seconded by Putnam, to forward to the City Council with
the recommendation for approval the Staff prepared Resolution with the
addition of Item 5, that the sign location be coordinated with any
sidewalks that will be developed along l39th Lane. Motion carried on a
5-Yes, 2-Absent (Apel, Luedtke) vote. This will be placed on the
November 6 regular City Council meeting which will be held at the Oak
View Middle School. 9:00 p.m.
'\
)
CITY OF ANDOVER
REQUESTF.OR PLANNING COMMISSION ACTION
AGENDA ITEM
7. Public Hearing: SUP 96-15
Area Identification Sign
Timber Oaks Estates
UTnnrll~nrl T'\,' , r<~
DATE October 8,1996
ORIGINATING DEPARTMENT
Planning
APPROVED FOR
AGENDA
BY:
John Hinzman
BY:
Request
The Planning and Zoning Commission is asked to review the request of Woodland
Development Company to install an area identification sign for a subdivision to be known
as "Timber Oaks Estates" on property located at 13948 Prairie Road NW (PIN 36-32-24-
22-0009). The property is legally described as:
That part of Government Lot 1, Section 36, Township 32, Range 24,
Anoka County, Minnesota, lying Northerly of the center line of County
Road 116 and lying Westerly of the center line of Prairie Road as
described in Document No. 623459, and lying South of the North 10 acres
of that part of said Government Lot 1 lying Westerly of said center line of
Prairie Road.
Subj ect to covenants, restrictions and easements of record, if any, and -
subject to the right of way of Prairie Road and Bunker Lake Road.
Woodland is concurrently seeking a rezoning of the property (REZ 96-02) from R-l,
Single Family Rural to R-4, Single Family Urban,
Applicable Ordinances
Ordinance No.8, Section 5.03, regulates the Special Use Permit process and outlines the
following criteria for review:
1) That the proposed use will not effect the health, safety, morals and general
welfare of the occupants of the surrounding land.
2) That the existing and anticipated traffic conditions including parking
facilities on adjacent streets and land.
, ,
3)
That the effect on values of property and scenic views in the surrounding
area.
, /
Page Two
SUP 96-15, Woodland Development Co.
Area LD. Sign - Timber Oaks Estates
October 8, 1996
4) That the effect of the proposed use is consistent with the Comprehensive
Plan.
Ordinance No.8, Section 8.07 (D)(2)(h), allows area identification signs by Special Use
Permit, provided:
1) The area for development is larger than five (5 a.) acres.
2) One (1) sign per development. Additional signs shall be reviewed by the
Andover Review Committee (ARC) and the Planning and Zoning
Commission and be approved by the City Council.
3) The maximum square footage of the sign is thirty-two (32 s.f.) square feet
III area.
4) The sign is located ten (10') feet from any property line.
, /
In reviewing a Special Use Permit request for any sign, certain criteria shall be used.
Pertinent criteria include the following:
1) No sign shall be permitted that constitutes a hazard to vehicular safety.
2) No sign shall be permitted that may tend to depreciate nearby property
values, be a detriment to scenic or pleasant views, or other wise mar the
landscape.
General Review
The applicant proposes to construct an area identification sign measuring 32 square feet
at the northwest corner of 139th Lane NW and Prairie Road NW. The structure would
consist of a 3' x 8' stone sign supported by two brick pillars measuring 2' x 2'. The
sign would be approximately 10' from the right of way of both 139th and Prairie Road.
Commission Options
J
1. The Planning and Zoning Commission may recommend to the City Council approval
of the area identification sign permit requested by Woodland Development Co. for a
subdivision to be known as "Timber Oak Estates" on property located at 13948 Prairie
Road NW legally described as follows:
'\
/ Page Three
SUP 96-15, Woodland Development Co.
Area J.D. Sign - Timber Oaks Estates
October 8, 1996
That part of Government Lot 1, Section 36, Township 32, Range 24, Anoka
County, Minnesota, lying Northerly of the center line of County Road 116 and
lying Westerly of the center line of Prairie Road as described in Document No.
623459, and lying South of the North 10 acres
of that part of said Government Lot 1 lying Westerly of said center line of
Prairie Road.
Subject to covenants, restrictions and easements of record, if any, and
subject to the right of way of Prairie Road and Bunker Lake Road.
The Commission finds the request meets the requirements of Ordinance No.8
, ,
2. The Planning and Zoning Commission may recommend to the City Council denial of
the area identification sign permit requested by Woodland Development Co. for a
subdivision to be known as "Timber Oak Estates" on property located at 13948 Prairie
Road NW, legally described as follows:
, )
That part of Government Lot 1, Section 36, Township 32, Range 24,
Anoka County, Minnesota, lying Northerly of the center line of County
Road 116 and lying Westerly of the center line of Prairie Road as
described in Document No. 623459, and lying South of the North 10 acres
of that part of said Government Lot 1 lying Westerly of said center line of
Prairie Road.
Subject to covenants, restrictions and easements of record, if any, and
subject to the right of way of Prairie Road and Bunker Lake Road.
The Commission finds the request does not meet the requirements of Ordinance No.8.
In recommending denial of the request, the Commission shall state those reasons for
doing so.
3. The Planning and Zoning Commission may table the item pending further information
from Staff.
Staff Recommendation
j
Staff recommends approval of the area identification sign permit requested with the
following conditions:
, ,
Page Four
SUP 96-15, Woodland Development Co.
Area LD, Sign - Timber Oaks Estates
October 8, 1996
1) That the special use permit be subject to a sunset clause as defined in
Ordinance No.8, Section 5.03(d).
2) That the special use permit be subject to an annual review by Staff.
3) That the applicant execute a written agreement for the maintenance of
the sign.
4) That the applicant obtain a sign permit prior to erection of the sign.
5) That the placement of the sign not visually interfere with pedestrian traffic
using the sidewalk along 139th Avenue NW.
Attachments
A-I Resolution
. ,
, / A-2 Area Location Map
A-3 Site Location Map
A-4 Sign Details
A-5 Special Use Permit Application
A-6 Notice of Public Hearing
)
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CITY of ANDOVER
Property
1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 · (612) 755-5100
S~IAL USE PERMIT
Address ~~ f,efrt,t4i:. ~fdJ
Legal Description of property:
(Fill in whichever is appropriate):
Lot
Block
Addition
(If metes and bounds, attach
the complete legal
description.)
Is the property: Abstract or Torrens ? (This
information must be provided and can be obtained from the
County. )
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PIN
Reason for Request
ruVfl ft\l\.~,J-r
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section of Ordinance
Current zoning
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Name of
Applicant .I;)DO&D '0 Q -:Ye.ut,L..D.p~.uT
~~ D LU. M/n ~ t;~ce.r
Address
H~me Phone~
Slgnature
Business Phone
t.{-2,,7-7,?o ()
Date
--------------------------------------~--------------------------
Property Owner (Fee Owner)
(If different from above)
Address
Home Phone
Business Phone
I
Signature
Date
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100
CITY OF ANDOVER
COUNTYOFANOKA
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, October 8,1996 at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the
Special Use Permit request of Woodland Development Company to install an Area
Identification Sign for a subdivision to be known as "Timber Oak Estates" on property
located at 13948 Prairie Road NW (PIN 36-32-24-22-0009) legally described as the
following:
That part of Government Lot 1, Section 36, Township 32, Range 24,
Anoka County, Minnesota, lying Northerly of the center line of County
Road 116 and lying Westerly ofthe center line of Prairie Road as
described in Document No. 623459, and lying South of the North 10 acres
of that part of said Government Lot 1 lying Westerly of said center line of
Prairie Road.
Subject to covenants, restrictions and easements of record, if any, and
subject to the right of way of Prairie Road and Bunker Lake Road.
All written and verbal comments will be received at that time and location, A copy of the
application and location will be available at the Andover City Hall for review prior to
said meeting.
J~dd
Victoria V olk, City Clerk
Publication dates:
September 27, 1996
October 4, 1996
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PIN: 353224110016
OLSON STEVEN R & SARAH E
':13928 PALM ST NW
ANDOVER MN 55304
PIN: 353224110017
FENNA CONSTRUCTION INC
13946 PALM ST NW
ANDOVER MN 55304
PIN: 353224110018
REINHOLDSON JIM M
13978 PALM ST NW
ANDOVER MN 55304
PIN: 353224110019
KAYS JEFFREY T & LYNN M
13986 QUINCE ST NW
ANDOVER MN 55303
PIN: 353224110033
HONDL KEVIN L & KRIS M
13963 PALM ST NW
ANDOVER MN 55304
PIN: 353224110034
JACKSON ALVIN R JR & RHONDA JO
13975 PALM ST NW
ANDOVER MN 55304
PIN: 353224110035
BAUMAN JEFFREY A & VICKI L
13987 PALM ST NW
ANDOVER MN 55304
PIN: 353224110036
BLISS PAUL 0 & RONDA M
13999 PALM ST NW
ANDOVER MN 55304
PIN: 353224110037
TALVITIE DENNIS W & EUN YOUNG
14011 PALM ST NW
,ANDOVER MN 55304
PIN: 353224110038
KITTELSON CRAIG A & LORI M
14023 PALM ST NW
ANDOVER MN 55304
PIN: 353224110039
KOCHANEK DAVID L & TRYNA
14035 PALM ST NW
ANDOVER MN 55304
PIN: 353224110040
GRAHAM STEVEN G & JILL M
14047 PALM ST NW
ANDOVER MN 55304
PIN: 353224110041
SCHLOSSER SCOTT L & JEAN E
14040 PALM ST NW
ANDOVER MN 55304
PIN: 353224110042
BIRO DANIEL J & JANICE R
14034 PALM ST NW
ANDOVER MN 55304
PIN: 353224110043
SCHAEFER SCOTT J & KRISTIN J
14028 PALM ST NW
ANDOVER MN 55304
PIN: 353224110044
SIDDONS BRIAN J & JEANETTE A
14018 PALM ST NE
ANDOVER MN 55304
PIN: 353224110045
LYONS BARBARA A
14006 PALM ST NW
ANDOVER MN 55304
PIN: 353224110046
MEISTER JEFFREY S
14001 QUINCE ST NW
ANDOVER MN 55304
"PIN: 353224110057
SANDSTROM PAUL E & RENEE B
856 140TH LN NW
ANDOVER MN 55304
PIN: 353224110058
ERICSON CONSTRUCTION INC
3351 138TH LN NW
ANDOVER MN 55304
PIN: 353224110059
SADAGHIANI SHAHN S & LINDA S
~32 140TH LN NW
I
'ANDOVER MN 55304
PIN: 353224110060
PARADISE SCOTI J & SHERRY L
820 140TH LN NW
ANDOVER MN 55304
PIN: 353224110061
JOHNSON MARK T & JEANNE M
808 140TH LN NW
ANDOVER MN 55304
PIN: 353224110073
HARRIS ANTHONY J & BETHANY M
837 140TH LN NW
ANDOVER MN 55304
PIN: 353224110074
CLARK GLENN A & JULIA A
825 140TH LN NW
ANDOVER MN 55304
PIN: 353224110075
JOHNSON DAVID E & BECKY J
813 140TH LN NW
ANDOVER MN 55304
PIN: 353224110076
HILLS INC
2619 COON RAPIDS BLVD NW
COON RAPIDS MN 55433
PIN: 353224140002
ANOKA COUNTY OF
2100 3RD AVE
ANOKA MN 55303
PIN: 353224140033
ELLERING FRANKLIN P & HOLLI A
862 138TH AVE NW
i\NDOVER MN 55304
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PIN: 353224140035
KISHISH DAVID R & MELISSA L
838 138TH AVE NW
ANDOVER MN 55304
PIN: 353224140034
SCHWAAB SCOTI A & ALICIA N
850 138TH AVE NW
ANDOVER MN 55304
PIN: 353224140042
KEARNS NOREEN
13838 PALM ST NW
ANDOVER MN 55304
PIN: 353224140043
HABERMANN MARK A & TERRI M
13856 PALM ST NW
ANDOVER MN 55304
PIN: 353224140044
STUELAND NORMA
13874 PALM ST NW
ANDOVER MN 55304
PIN: 353224140045
STONER JANE E
13892 PALM ST NW
ANDOVER MN 55304
PIN: 353224140046
BROMLEY RANDALL E & JULIE A
13910 PALM ST NW
ANDOVER MN 55304
PIN: 353224140047
FRIEDRICHS DANIEL J & CALLEEN
13829 PALM ST NW
ANDOVER MN 55304
PIN: 353224140048
SPINDLER KERRY J & CINDY M
13849 PALM ST NW
ANDOVER MN 55304
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'_~i'IN: 353224140049
GANGL WAYNE E & BRENDA L
13867 PALM ST NW
ANDOVER MN 55304
PIN: 353224140050
FRANK STEVEN J
13887 PALM ST NW
ANDOVER MN 55304
PIN: 353224140051
FOX GARY J & WENDY J
'13905 PALM ST NW
, /
. ANDOVER MN 55304
PIN: 353224140052
HILLS INC
2619 COON RAPIDS BLVD NW
COON RAPIDS MN 55433
PIN: 353224140053
HILLS INC
2619 COON RAPIDS BLVD NW
COON RAPIDS MN 55433
PIN: 353224140054
HILLS INC
2619 COON RAPIDS BLVD NW
COON RAPIDS MN 55433
PIN: 363224220002
STEELE DOUGLAS C & A J
PO BOX 638
ANDOVER MN 55304
PIN: 363224220003
STEELE DOUGLAS C & A J
POBOX 638
ANDOVER MN 55304
PIN: 363224220004
KOSTELECKY CRAIG A & RUTH A
732 140TH LN NW
ANDOVER MN 55304
PIN: 363224220005
OLSON PAUL H & DORRAINE R
14030 PRAIRIE RD NW
ANDOVER MN 55304
PIN: 363224220006
DENEKAMP KEVIN J & LUCY C
665 140TH LN NW
<\NDOVER MN 55304
" ./
PIN: 363224220007
ERICKSON DAVID A & ELIZABETH
745 140TH LN NW
ANDOVER MN 55304
PIN: 363224220008
SZYKULSKI DAVID C & S L
752 140TH LN NW
ANDOVER MN 55304
PIN: 363224220009
WOODLAND DEVELOPMENT CORP
830 WEST MAIN ST
ANOKA MN 55303
PIN: 363224220010
BUNKER LLC
10738 HANSON BLVD NW
COON RAPIDS MN 55433
PIN: 363224230001
ANOKA COUNTY OF
2100 3RD AVE
ANOKA MN 55303
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
DATE November 6, 1996
ITEM
I'D. Amended SUP 96-16
Bulk Storage of Liquid Fuels
13727 Hanson Blvd NW
Super America, Inc.
, q.
Planning j'tJ*
APPROVED
FOR AGENDA
AGENDA SECnON
I'D. Non-discussion Item
ORIGINATING DEPARTMENT
BY:
John Hinzman
Request
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The City Council is asked to review and approve the Amended Special Use Permit
request of Super America, Inc. to install a 1,000 gallon liquid propane tank at their 13727
Hanson Blvd. NW location. The Planning and Zoning Commission has reviewed the
application and recommends situating the tank to a less traveled area, west of the
proposed site. The commission also recommends that condition number seven (7) be
amended to allow Super America to designate a parking space for propane customers
within 90 days of installation. Please consult the attached staff report dated October 8,
1996 and the minutes from the Planning and Zoning Commission meeting for further
information.
Recommendation
The Planning and Zoning Commission recommends approval of the variance request
with the conditions stipulated in the attached resolution.
,
)
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MOTION BY:
SECOND BY:
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R -96
A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST
OF SUPER AMERICA, INCORPORATED TO ALLOW FOR THE INSTALLATION
OF A 1,000 GALLON PROPANE TANK FOR THE BULK STORAGE OF LIQUID
FUELS PURSUANT TO ORDINANCE NO.8, SECTION 4.26 ON PROPERTY
LOCATED AT 13727 HANSON BOULEVARD.
WHEREAS, Super America, Incorporated has requested an Amended Special Use Permit
to allow for the installation of a 1,000 gallon propane tank for the bulk storage of liquid
fuels pursuant to Ordinance No.8, Section 4.26 on property located at 13727 Hanson
Boulevard NW, legally described as follows:
/
That part of the Southwest Quarter of the Northwest Quarter of Section 35,
Township 32, Range 24, Anoka County, Minnesota, lying south of the
north 600.00 feet as measured at right angles to the north line and lying
west of the east line thereof, except the west 150.00 feet thereof, also
except roads; Subject to easements of record.
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No.8, Section 4.26; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals, and general welfare of the City of
Andover; and
WHEREAS, a public hearing was held and there was no opposition to the request; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the Amended Special Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the Amended Special Use Permit on said property with the following
conditions:
/
1)
That the applicant shall provide to the City, in writing, proof that the tanks meet
all State and Federal requirements and installation regulations.
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Page Two
Amended SUP - Storage of Bulk Liquid Fuels
Super America, Inc.
November 6,1996
2) That the Andover Fire Marshall inspect the tanks and their installation.
3) That the Amended Special Use Permit be subject to the sunset clause as stipulated
in Ordinance No.8, Section 5.03 (d).
4) That the Amended Special Use Permit shall be subject to annual review.
5) That operation of the liquid propane tank be limited to only properly trained
individuals.
6) That loose or piled combustibles, materials and weeds not be stored within ten
(10') of the tank.
7) That a parking space be designated by signage and pavement markings "for
propane tank use only" within 90 days of installation, weather permitting.
..
8)
That the applicant work with City staff to situate the tank so as not to conflict
with heavily traversed areas of the parking lot.
/
Adopted by the City Council of the City of Andover on this Qfu day of November,
1996.
CITY OF ANDOVER
lE. McKelvey, Mayor
ATTEST:
Victoria V olk, City Clerk
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Regular Andover Planning and Zoning Commission Meeting
Minutes - October 8, 1996
Page 10
PUBLIC HEARING: AMENDED SPECIAL USE PERMIT - BULK STORAGE OF LIQUID
FUELS (PROPANE) - 13727 HANSON BOULEVARD NW - SUPERAMERICA, INC.
9:00 p.m. Mr. Hinzman reviewed the request of SuperAmerica, Inc., for
an Amended Special Use Permit to install a 1,OOO-gallon above-ground
propane tank at 13727 Hanson Boulevard NW. The property is zoned GB,
General Business. He noted the applicable ordinances and criteria to be
considered. The tank would be located on the south side of the property
along Bunker Lake Boulevard. Similar Permits for above-ground storage
of propane have been granted to Total Mart and Bill's Superette. The
tank would be located outside of the required setbacks.
Michael Cronin. reoresentinq SuoerAmerica - did not know which side the
dispensing unit would be located, but stated it probably would be
closest to the entrance of the store, which would be the east end of th~
tank. The refilling nozzle would probably be on the same side as the
controls. Commissioner Peek raised a concern about the impact the
refilling of the tank and those fueling would have on the traffic lane,
especially access to the parking spaces on the south side of the
building. He was concerned with pulling up to the tank, the backing out
of a parked car, and a car coming into the station at the same time.
Mr. Cronin - did not believe there would be a negative impact. The pay
phone is there now, and that hasn't been a problem. A customer will
have to go in the store and have an attendant come out to fill from the
propane tank. He felt there would be sufficient space for parked cars to
back up. Mr. Carlberg also stated there is quite a bit of room there,
but they will look at that more closely during the site plan stage.
Commissioner Wells asked why it couldn't be on the north end of the lot.
Mr. Cronin - stated they are proposing to add a car wash to the north
end of the facility, and they do not want to create any congestion at
that point. Mr. Carlberg again stated they can study this in greater
detail, looking at the vehicular traffic patterns to be sure it doesn't
conflict with parking, etc. Commissioner Putnam is familiar with the
traffic patterns on that corner, and it seems there is a lot of activity
there. He wondered if the tank couldn't be moved further south or even
along the western border of the property.
MOTION by Wells, Seconded by Barry, to open the public hearing. Motion
carried on as-Yes, 2-Absent (Apel, Luedtke) vote. 9:12 p.m.
~/
Michael Cronin. SuoerAmerica - introduced the other representatives that
were present this evening. He asked that the Commission find the use a
safe and compatible service for the site and adopt the first six
contingencies on the proposed Resolution. He asked that for the seventh
contingency, "That a parking space be desigrlated by signage and pavement
markings 'for propane tank use only'." the Commission consider allowing
them to wait several months before doing so until they can study the
traffic patterns. They would then talk with Mr. Carlberg and come back
to the City with a proposal as to where the parking space should be
designated, or whether such a designation is needed at all. They would
like to see how the area is used before striping the parking space.
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 8, 1996
. Page 11
,
(Public Hearing: Amended Special Use Permit - Bulk Storage of Liquid
Fuels - 13727 Hanson Boulevard - SuperAmerica, Continued)
MOTION by Wells, Seconded by Barry, to close the public hearing. Motion
carried on a 5-Yes, 2-Absent (Apel, Luedtke) vote. 9:13 p.m.
Commissioner Putnam again expressed concern with the location of the
tank, though he acknowledged by moving it too far west along that border
it would conflict with the corner of the canopy covering the gas pumps.
He was concerned with the multiple tracks of traffic in that area. He
also felt the controls need to be on the west end to alleviate
congestion.
Mr, Cronin - stated their preference is that every effort be made to
stay with the site on the south side. They will move the phone as far
west as possible, but their engineers have determined the south side is
the best side for this tank. Chairperson Squires agreed with the
concerns raised about congestion at that point and felt moving i':'.
further west would eliminate the concern of parked traffic backing up
and would get away from the congested area. He also liked the idea of
moving the phone as far west as possible.
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MOTION by Peek, Seconded by Wells, to forward to the City Council the
recommendation for approval the Staff prepared Resolution with the
following adjustments: Alter Condition Number 7 to read "That a parking
space be designated by signage and pavement markings 'for propane tank
use only' within 90 days of installation, with the location and
installation approved by City Staff." Add Number 8, "That the
applicants work with City Staff to examine alternate locations along the
south side of the property other than the proposed location prior to the
Council meeting." Motion carried on a 5-Yes, 2-Absent (Apel, Luedtke)
vote. This will be placed on the November 6 regular City Council
meeting which will be held at the Oak View Middle School. 9:25 p.m.
OTHER BUSINESS
Mr. Carlberg reviewed the actions taken b e City Council at its
October 1, 1996, meeting. He again note e change in meeting site to
the Oak View Middle School cafetor' of all Commission and Counci 1.
meetings for the next few month cause of the construction at City
Hall. He believed it st to always meet in the same location
to avoid confusion. ed if the Commission was agreeable to
receiving the 11" x 17' reliminary plat maps and grading plans as
opposed to the large es. The Commission generally agreed.
Mr. Carlberg a reviewed the ordinance regulation of campaign signs
and the pro s and actions being taken to enforce those regulations.
In addit' , he proposed the December 24, 1996, Planning and Zoning
on meeting be cancelled. The Commission agreed.
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CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
AGENDA ITEM
8. Public Hearing: ASUP 96-16
Bulk Storage of Liquid Fuels
13727 Hanson Blvd NW
~.._~~ A T_~
DATE October 8, 1996
ORIGINATING DEPARTMENT
Planning
APPROVED FOR
AGENDA
BY:
John Hinzman
BY:
Request
The Planning and Zoning Commission is asked to review the Amended Special Use
Permit request of Super America, Inc. to install a 1,000 gallon above ground propane tank
on property located at 13727 Hanson Blvd NW (PIN 35-32-24-23-0005), legally
described as:
/
That part of the Southwest Quarter of the Northwest Quarter of Section 35,
Township 32, Range 24, Anoka County, Minnesota, lying south of the
north 600.00 feet as measured at right angles to the north line and lying
west of the east line thereof, except the west 150.00 feet thereof, also
except roads; Subject to easements of record.
The property is zoned GB, General Business.
Applicable Ordinances
Ordinance No.8, Section 4.26, establishes the criteria for a Special Use Permit for all
uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and
similar liquids.
Ordinance No.8, Section 5.03, regulates the Special Use Permit process as well as the
Amended Special Use Permit process and outlines the following criteria for review:
1) The effect of the proposed use upon the health, safety, morals and general
welfare of the occupants of the surrounding land.
2) The existing and anticipated traffic conditions including parking facilities
on adjacent streets and land.
3) The effect on values of property and scenic views in the surrounding
area.
4) The effect of the proposed use on the Comprehensive Plan.
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Page Two
ASUP 96-16, Super America
13727 Hanson Blvd NW
October 8, 1996
Adjacent Zoning and Land Use
Adjacent zoning and land uses include the following:
South
Southwest
West
- GB, General Business; vacant
- R-4, Single Family Urban; Hills of Bunker Lake 3rd Addn.
- NB, Neighborhood Business; vacant
- R-l, Single Family Rural; Anoka County Highway Offices
- I, Industrial; Spur Gas Station
- GB, General Business; vacant
North
East
General Review
/
The applicant is requesting an Amended Special Use Permit to allow the installation of an
above ground propane tank measuring 18' long with a diameter of 4' and capable of
storing 1,000 gallons. The tank would be located on the South side ofthe property along
Bunker Lake Blvd, and utilized for the sale of dispensed propane.
The application amends Super America's 1993 Special Use Permit (SUP 93-11) allowing
for the construction off our underground liquid fuel tanks, Amending the Special Use
Permit assures that fire, explosion or contamination hazards are not present that would be
detrimental to the public health, safety and general welfare.
Similar Special Use Permits for above ground storage of propane have been granted to
Total Mart, 13725 Crosstown Drive NW in 1993 (500 gallon tank) as well as Bills
Superette, 14041 Round Lake Blvd NW in 1984 (1,000 gallon tank).
Commission Options
1. The Planning and Zoning Commission may recommend to the City Council approval
ofthe Amended Special Use Permit requested by Super America, Inc. on property located
at 13727 Hanson Blvd NW, legally described as follows:
That part of the Southwest Quarter of the Northwest Quarter of Section 35,
Township 32, Range 24, Anoka County, Minnesota, lying south of the
north 600.00 feet as measured at right angles to the north line and lying
west of the east line thereof, except the west 150.00 feet thereof, also
except roads; Subject to easements of record.
/ Page Three
ASUP 96-16, Super America
1 727 Hanson Blvd NW
October 8, 1996
The Commission finds the request meets the requirements of Ordinance No.8
2. The Planning and Zoning Commission may recommend to the City Council denial of
the Amended Special Use Permit requested for Super America, Inc. on property located at
13727 Hanson Blvd NW, legally described as follows:
That part of the Southwest Quarter of the Northwest Quarter of Section 35,
Township 32, Range 24, Anoka County, Minnesota, lying south ofthe
north 600.00 feet as measured at right angles to the north line and lying
west of the east line thereof, except the west 150.00 feet thereof, also
except roads; Subject to easements of record.
The Commission finds the request does not meet the requirements of Ordinance No, 8.
In recommending denial of the request, the Commission shall state those reasons for
doing so.
/
3, The Planning and Zoning Commission may table the item pending further information
from Staff.
Staff Recommendation
Staffrecommends approval of the Amended Special Use Permit requested with the
following conditions:
1) That the applicant shall provide to the City, in writing, proof that the tanks meet
all State and Federal requirements and installation regulations.
2) That the Andover Fire Marshall inspect the tank and its installation,
3) That the Amended Special Use Permit be subject to the sunset clause as stipulated
in Ordinance No.8, Section 5.03 (d).
4) That the Amended Special Use Permit shall be subject to annual review.
5) That operation of the liquid propane tank be limited to only properly trained
individuals,
,
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6)
That loose or piled combustibles, materials and weeds not be stored within ten
(10') of the tank.
)
Page Four
ASUP 96-16, Super America
13727 Hanson Blvd NW
October 8, 1996
7) That a parking space be designated by signage and pavement markings "for
propane tank use only" within 90 days of installation, weather permitting.
8) That the applicant work with City staff to situate the tank so as not to conflict
with heavily traveled areas of the parking lot.
Attachments
A-I Resolution
A-2 Area Location Map
A-3 Site Location Map
A-4 Landscape and Screening Plan
A-5 Propane Tank Details
A-6 Amended Special Use Permit Application
A-7 Notice of Public Hearing
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11V/7
CITY of ANDOVER
1685 CROSSTOWN BOUL;w"R2,Nfe;j'NDOVER. MINNESOTA 55304 · (612) 755-5100
SPECIAL USE PERMIT
Property Address 1 '3');)7 ~~ f!J{/J! /UtAJ
Legal Description of Property:
(Fill in whichever is appropriate):
Lot
Block
Addition
PIN 3c.;;-?;;J~JL1-;;Y:S-~f metes and bounds, attach
the complete legal
description. )
Is the property: Abstract)(' or Torrens ? (This
information must be provid~ can be obtained from the
County. )
-----------------------------------------------------------------
Reason for Request ~U/JIlC?~~ /V~ r?;u.p~
~CI{b')~ ~~) -d- \)~ c?rv ('S~17__
\
, /
Section of Ordinance ,4. eJ~ JS~03current Zoning
~ eLl
-----------------------------------------------------------------
Name of Applicant ~k~C/\ (b~ ~/-ft.v')
Address (JL{O?Dr 0<t;~ S I eJ~L ~-:K. 1'lJp/1J s5Ct 3/
Home Phone Business Phone <;?g-1-~(~&
Signature~~ Date 3M-{~
-----------------------------------------------------------------
Property Owner (Fee Owner)
(If different from above)
Address
"
Home Phone
Business Phone
, j
Signature
Date
-----------------------------------------------------------------
fu+e ~~ q, IS -96 lfecetpf it 3550'3
" "
,J
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The Planning and Zoning Commission of the City of Andover will hold a public hearing
at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, October 8, 1996 at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the
Amended Special Use Permit request of Super America to install a 1,000 gallon above
ground propane tank on property located at 13727 Hanson Boulevard NW (PIN 35-32-
24-23-0005) legally described as the following:
,
,J
That part of the Southwest Quarter of the Northwest Quarter of Section 35,
Township 32, Range 24, Anoka County, Minnesota, lying south ofthe
north 600.00 feet as measured at right angles to the north line and lying
west ofthe east line thereof, except the west 150.00 feet thereof, also
except roads; Subject to easements of record.
All written and verbal comments will be received at that time and location. A copy of the
application and location will be available at the Andover City Hall for review prior to
said meeting.
L~~/ M/
Victoria V olk, City Clerk
Publication dates:
September 27,1996
October 4, 1996
. ,
, "\
'-...J
PIN: 343224140002
UNITED POWER ASSOCIATION
,
;57 BUNKER LAKE BLVD NW
'. /
ANDOVER MN 55304
PIN: 343224140003
UNITED POWER ASSOCIATION
ELK RIVER MN 55330
PIN: 343224410004
MURPHY OIL USA INC
200 PEACH ST PO BOX 7000
ELDORADO AR 71730
PIN: 353224230005
SUPERAMERICA GROUP INC
3499 DANEY DR
LEXINGTON KY 40512
PIN: 353224230024
FISCHER WAYNE R & TERRY L
1459 138TH AVE NW
ANDOVER MN 55304
PIN: 353224230025
KLAUER THOMAS 0 & SCHULTZ M K
1447 138TH AVE NW
ANDOVER MN 55304
PIN: 353224230030
HILLS INC
2619 COON RAPIDS BD #101
COON RAPIDS MN 55433
PIN: 353224230031
LEVENDOSKI GREGORY A & MARY E
1522 138TH LN NW
ANDOVER MN 55304
PIN: 353224230032
KELLER GEORGE W & DIANE L
1508 138TH LN NW
'\jDOVER MN 55304
/
PIN: 353224230034
KOBANY RUTH A
13826 DRAKE ST NW
ANDOVER MN 55304
PIN: 353224230035
PETERSON KURT C & THERESE M
13814 DRAKE ST NW
ANDOVER MN 55304
PIN: 353224230036
SANDSTROM TERRANCE M & ARDIS L
13802 DRAKE ST NW
ANDOVER MN 55304
PIN: 353224230037
CHAD DAVID R & DIANE P
1470 138TH AVE NW
ANDOVER MN 55304
PIN: 353224230038
DEDEN STANLEY N & JOANNE G
1460 138TH AVE NW
ANDOVER MN 55304
PIN: 353224230039
MARTINSON CURTIS A & LYNNE C
1448 138TH AVE NW
ANDOVER MN 55304
PIN: 353224230040
MASON BRADLEY E & JULIE A
1438 138TH AVE NW
ANDOVER MN 55304
PIN: 353224230041
PITIS GEORGE A & KATHLEEN A
1430 138TH AVE NW
ANDOVER MN 55304
PIN: 353224230045
HILLS INC
2619 COON RAPIDS BD #101
COON RAPIDS MN 55433
,
i
. pIN: 353224320001
ANOKA COUNTY OF
2100 3RD AVENUE
ANOKA MN 55303
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 6,1996
AGENDA
r.o
SECTION
Non-Discussion
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
r.o
~pecIal Use PermIt
Real Estate Sign - Lot 1, Block 3
Meadowlark Heights Subdivision
Re Max Realty
Jeff Johnson
UI
,-0.
per
REOUEST
The City Council is asked to review the Special Use Permit request of ReMax Realty on
behalf of Scott Lennes, Inc. to erect a real estate sign on Lot 1, Block 3, Meadowlark
Heights.
" > BACKGROUND
For background information please consult the attached staff report presented to the
Planning and Zoning Commission and the minutes from their October 22, 1996 meeting.
PLANNING AND ZONING COMMISSION REVIEW
The Planning and Zoning Commission at their October 2~, 1996 meeting, reviewed the
request and recommends to the City Council that ReMax Realty be granted a Special Use
Permit to erect a real estate sign as requested.
A resolution is attached for Council review and approval.
/
MOTION BY:
SECOND BY:
"
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
October 22, 1996
DATE
,
/
BY:
APPROVED FOR
AGENDA
Ll4
BY:
AGEND6. HE",. .
5. ~ Special Use Permi
Real Estate Sign - Lot 1, Block 3
Meadowlark Heights Subdivision
ReMax Realty
ORIG{ZN ING DEPARTMENT
'J/!!/ Planning
~ Jeff Johnson
REQUEST
The Planning and Zoning Commission is asked to review the Special Use Permit request
of ReMax Realty on behalf of Scott Lennes, Inc. to erect a real estate sign on Lot 1,
Block 3, Meadowlark Heights Subdivision. Please consult the attached location map.
APPLICABLE ORDINANCES
Ordinance No.8. Section 8.07 (Signs)
Ordinance No.8, Section 8.07 (2) (E) lists types of signs that are allowed by Special Use
Permit. Real estate signs may be allowed for a residential project offive (5 a.) acres or
more provided:
1. The sign is at least one hundred thirty (130) feet from any residential structure.
2. The sign area shall not exceed two hundred (200) square feet in area.
3. An agreement is made to remove the sign within two (2) years unless an extension
of time is granted by the governing body, after approval of a Special Use Permit has
been granted.
Ordinance No.8, Section 8.07 (C) (1) list the following standards for signs:
1. One sign per lot frontage is permitted in a residential zoned district.
Ordinance No.8. Section 5.03 (Special Uses)
Ordinance No.8, Section 5.03 regulates the Special Use Permit process. In reviewing a
Special Use Permit request for any sign the following criteria shall be considered:
1. No sign shall be permitted that constitutes a hazard to vehicular safety.
Page Two
Special Use Permit - Real Estate Sign
Meadowlark Heights
ReMax Realty
October 22, 1996
2. No sign shall be permitted that may tend to depreciate nearby property values, be
a detriment to scenic or pleasant views, or otherwise mar the landscape.
GENERAL REVIEW
The applicant is requesting a Special Use Permit to erect a sixty (60) square foot real
estate sign to market the subdivision known as "Meadowlark Heights", a single family
residential development.
COMMISSION OPTIONS
A. The Planning and Zoning Commission may approve the Special Use Permit
requested by ReMax Realty on behalf of Scott Lennes, Inc.
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.8, Section 8.07. The Commission shall also make the following
conditions in accordance with Ordinance No.8, Sections 5.03 and 8.07.
1. The area for development is larger than five (5) acres.
2. The sign is located at least one hundred thirty (130) feet from any
residential structure.
3. The sign area shall not exceed two hundred (200) square feet in area.
4. An agreement is made to remove the sign within two (2) years unless an
an extension of time is granted by the governing body; after approval of a
Special Use Permit has been granted.
\
"
5. The sign is located ten (10) feet or more from any property line.
. /
Page Three
Special Use Permit - Real Estate Sign
Meadowlark Heights
ReMax Realty
October 22. 1996
6. The Special Use Permit shall be subject to annual review by staff.
7. The owner shall be responsible for the maintenance of the sign.
B. The Planning and Zoning Commission may deny the Special Use Permit requested by
ReMax Realty on behalf of Scott Lennes, Inc. to erect a real estate sign on Lot 1,
Block 3, Meadowlark Heights.
The Commission finds the request does not meet the criteria established in Ordinance
No.8, Sections 5.03 and 8.07. In denying the request, the Commission shall state
those reasons for doing so.
C. The Planning and Zoning Commission may table the item.
j
STAFF RECOMMENDATION
Staff recommends Option A.
/'-',
'J
. /
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. R- -96
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF REMAX
REALTY ON BEHALF OF SCOTT LENNES, INC. TO ERECT A REAL ESTATE
SIGN ON LOT 1, BLOCK 3, MEADOWLARK HEIGHTS SUBDIVISION.
WHEREAS, ReMax Realty on behalf of Scott Lennes, Inc. has requested a Special Use
Permit to erect a real estate sign on the property described as Lot 1, Block 3, Meadowlark
Heights; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No.8, Sections 5.03 and
8.07; and
WHEREAS, the Planning and Zoning Commission finds the proposed use will not be
detrimental to the health, safety and general welfare ofthe occupants of the surrounding
lands; and
, I
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
ReMax Realty on behalf of Scott Lennes, Inc. to erect a real estate sign on said property
with the following conditions:
1. The area for development is larger than five (5) acres.
2. The sign shall be located at least one hundred thirty (130) feet from any
residential structure.
3. The sign area shall not exceed two hundred (200) square feet in area.
4.
An agreement is made to remove the sign within two (2) years unless an
extension of time is granted by the governing body, after approval of a
Special Use Permit has been granted.
. I
. ,
Page Two
Resolution - Special Use Permit - Real Estate Sign
Meadowlark Heights Subdivision
ReMax Realty
November 6,1996
5. The sign shall be located ten (10) feet from any property line.
6. The Special Use Permit will be subject to annual review by staff.
7. The owner shall be responsible for the maintenance of the sign.
Adopted by the City Council ofthe City of Andover on this 6th day of November, 1996.
CITY OF ANDOVER
ATTEST:
. I
J. E. McKelvey, Mayor
Victoria V olk, City Clerk
Regular Andover Planning and Zoning Commission Meeting
" Minutes - October 22, 1996
/ Page 3
PUBLIC HEARING: SPECIAL USE PERMIT - REAL ESTATE SIGN - LOT I, BLOCK 3,
MEADOWLARK HEIGHTS - REMAX REALTY ON BEHALF OF SCOTT LENNES, INC.
7:22 p.m. Mr. Johnson reviewed the request of ReMax Realty to erect a
60-square-foot sign on Lot 1, Block 3, Meadowlark Heights Subdivision
facing University Avenue.
MOTION by Luedtke, Seconded by Apel, to open the public hearing. Motion
carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:24 p.m. There was
no public testimony.
MOTION by Apel, Seconded by Barry, to close the public hearing. Motion
carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:24 p.m.
MOTION by Apel, Seconded by Peek, that the Planning and Zoning
Commission forward to the City Council with the recommendation of
approval of the Resolution presented by the Staff regarding the ReM ax
Realty sign as presented. Motion carried on a 5-Yes, 2-Absent (Putnam,
Wells) vote. This will be placed on the November 6 City Council agenda.
PUBLIC HEARING: AMENDED SPECIAL USE PERMIT - MINING PERMIT - 166XX
HANSON BOULEVARD NW - NORTH LEXINGTON LANDSCAPING
. ./
7:25 p.m. Mr. Hinzman reviewed the background on the request to amend
the Special Use Permit of North Lexington Landscaping to continue a soil
mining operation at 166xx Hanson Boulevard NW. The original Special Use
Permit, issued in 1991, was for five years and expired October 1, 1996.
A mining permit was issued in 1989, and the excavated area was graded
according to plan. The mined area is approximately two acres and is
located 660 feet east of a home owned by the operator's son. The mining
operation is screened from view from all land owners. Staff is
recommending approval with conditions.
Mr. Carlberg stated there have been no complaints filed on the operation
in the past five years. Nothing is being proposed in the way of
development around that area. Commissioner Barry raised a concern with
the 8 p.m. ending time of operation, thinking it seems late.
Commissioner Apel stated that is the standard time allowed.
Dick Kuiken - stated they never drive past 5 p.m. Two of his sons live
in the nearest residence. It is all wetlands around the mined area.
MOTION by Luedtke, Seconded by Barry, to open the public hearing.
Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:31 p.m.
There was no public testimony.
MOTION by Apel, Seconded by Luedtke, to close the public hearing.
\ Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:31 p.m.
/
MOTION by Apel, Seconded by Peek, to forward the resolution as presented
by Staff to the City Council with our recommendation that it be approved
as written. Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote.
This will be on the November 6 City Council agenda. 7:33 p.m.
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 22, 1996
Page 4
PUBLIC HEARING: VARIANCE/ON-SITE SEPTIC SYSTEM ENCROACHING INTO THE
SETBACK FROM THE ORDINARY HIGH WATER MARK PURSUANT TO ORDINANCE NO. 52,
SCENIC RIVER ORDINANCE - 5167 159TH AVENUE NW - MARY ANDERSON
7:33 p.m. Mr. Hinzman reviewed the request of Mary Anderson to
construct a replacement on-site sewage treatment system 35 feet from the
Ordinary High Water Mark, infringing upon the 100-foot setback. The
property is zoned R-l, Single Family Rural, and is located within the
Rum River Scenic River District. The Department of Natural Resources
has inspected the property and indicated the proposal would not be
detrimental to either the protected waterway or slope. The lot is
approximately 31,500 square feet containing approximately 240 feet o~
Rum River shoreline with a depth ranging from 130 to 140 feet. The
bluff line is minimal and located 16 feet from the drop boxes and
drainfield. The well is located to the north of the residence.
Construction of the home pre-dates incorporation of the City and was
acquired through annexation from the City of Ramsey. The size of the
lot creates an exceptional circumstance unique to the property. A
similar setback variance of approximately 30 feet was granted to 17230
Aztec Street in 1991. Staff is recommending approval with conditions.
MOTION by Apel, Seconded by Luedtke, to open the public hearing.
Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:40 p.m.
The Commission questioned why the drainfield couldn't be oriented in a
north-south direction to reduce the infringement into the setback.
Marv Anderson - explained the drainfield will be placed only a few feet
south of the existing one. It is almost between the corner of the house
and the garage. She reviewed the steps taken and people contacted in an
effort to place the drainfield in the best location. Four soil borings
were done. She did not know if a north-south orientation was
contemplated. Mr. Carlberg explained one of the reasons for the
location as proposed is because of the property to the south, th:l
setbacks and the well separation per the health code. The property to
the south also has a drainfield that may be having a problem. This was
considered the best location by the people who did the soil borings and
drawings based on the setbacks and location. In discussing this with
the Building Official, this is a better location than the existing
drainfield. The DNR has reviewed it and is comfortable with the
location based on the lot size.
MOTION by Apel, Seconded by Luedtke, to close the public hearing.
Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:47 p.m.
Commissioner Peek stated the only issue is the orientation of the
drainfield. Experts have looked at this, and he assumed the location
proposed has some rationale behind it. He would be leery of looking at
a different orientation.
MOTION by Peek, Seconded by Apel, to forward the Staff prepared
Resolution to the City Council with the recommendation for approval.
Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. This will be
placed on the November 6 City Council agenda. 7:48 p.m.
"
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SIGN
RE/MAX REALTY
SIGN SIZE EQUALS SIX FEET X TEN FEET 60 SQUARE FEET
.........- ..
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
SPECIAL USE ~~IT
Property Address ~~AI.f ~/~
Legal Description of Property:
(Fill in whichever is appropriate):
/-F/''''' ~ ~...u;'fA
Lot
t
Block
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Addi tion -M:6'MXI.NtAIl~ttcn.",,-\U
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(If metes and bounds, attach
the complete legal
~ description. )
Is the property: Abstract or Torrens ? (This
information must be provide an can be obtained from the
County.) .
;:::::-;:;-;:~:::~--~~--~~~-~~;::;-~:-------------
~E~w..JJlE"l> MY ~9nl~A"'7,'lJAJ ~M ~'.V~;A.l4-
4f),r ~~MJLA~II! ~"~r$ ~~;A.rJ6~:;';"
-- t.n#.b;V,':$I'.AJ. (2eAL6lMr Sit,..)
PIN
Section of Ordinance ~,O~
Current Zoning ~-I
-----------------------------------------------------------------
Name of Applicant ~M~ :!! _#4Nt~
Address J.i1S'1 ?~~ /tf'VtIfF ~~
H~me Phone i: ~ Business Phone 423-1ID1ID
~~:::~:::--~~~~-~-~~~~---------::~:--~~-~~~-~~----
Property Owner (Fee Owner) a~~ ~~~~
(If different from above)
Address /J~~7 4~~.t~.,I,M: Al'!E.
Home Phone 7.1s1'-.$'~/~ Business Phone ~X? -//~2...
-G).ionature ;;.;t7k~ Date 'rZO~?
-----------------------------------------------------------------
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; dimensions 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 $190.00
Residential C$T~::~
Amende~ SUP -$50. 00. ~ II S-~
Record~ng Fee
Abstract property
Torrens property $34.50
Date Paid
lof~/q&
o:J.../1 I - 1St>
Receipt # 03~I{2 2..5
l'75~
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Rev. 5-06-93:d'A
5-04-94:bh
2-01-95:bh
3-22-95:bh
Res. 179-91 (11-05-91)
CRITERIA FOR GRANTING SPECIAL USE PERMITS
In granting a Special Use Permit, the City Council shall consider
the advice and recommendation of the Planning and zoning
Commission and:
1. The effect of the proposed use upon the health, safety,
morals and general welfare of occupants of surrounding
lands.
2. Existing and anticipated traffic conditions including
parking facilities on adjacent streets and lands.
3. The effect on values of property and scenic views in the
surrounding area.
4. The effect of the proposed use on the Comprehensive Plan.
, j
SIGN
/
RE/MAX REALTY
FACING UNIVERSITY AVENUE
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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, October 22, 1996 at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the
Special Use Permit request of Re/Max Realty on behalf of Scott Lennes, Inc. to allow for
the erection of a real estate sign as defined in Ordinance No.8, Section 8.07 located at
Lot 1, Block 3 Meadowlark Heights.:
All written and verbal comments will be received at that time and location.
, \..
<J A copy of the application and location will be available at the Andover City Hall for
review prior to said meeting.
L~ led/
Victoria V olk, City Clerk
Publication Dates: October 11, 1996 and October 18, 1996
. '\
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ANOKA COUNTY G.I.S.
2100 3RO AVENUE ANOKA, MN 55303
OFFICE: 612/422-7508 FAX: 612/422-7508
PIN = Parcel Identification Number
17-Se~96
PIN: 193223320002
BODlNSKI ADAM J & DONNA M
15515 UNIVERSITY AVE NE
HAM LAKE MN 55304
EPPENBERGER BRADLEY D & JANET
15442 3RD ST NE
HAM LAKE MN 55304
HACKETI KEVIN & SHANNON
39 154TH AVE NE
HAM LAKE MN 55304
WOODCOCK RANDY R & SUSAN M
15455 UNIVERSITY AVE NE
HAM LAKE MN 55304
ULFERTS JEFFREY M & DONNA L
15460 3RD ST NE
HAM LAKE MN 55304
SCAVO MICHAEL F & ANTHONY M
44 154TH AVE NE
HAM LAKE MN 55304
RADI DENNIS L & ELIZABETH C
142 154TH AVE NE
HAM LAKE MN 55304
HOFFMAN WARREN A & DIANE M
15740 LEXINGTON AVE NE
HAM LAKE MN 55304
MAC GLOVER JOSEPHINE T
15155 UNIVERSITY AVE NE
HAM LAKE MN 55304
MACGLOVER RICHARD A
15245 UNIVERSITY AVE NE
ANOKA MN 55304
PIN: 193223220005
PIN: 193223230003
PIN: 193223230004
PIN: 193223230005
PIN: 193223230006
, J
PIN: 193223230015
PIN: 193223230016
PIN: 193223310003
PIN: 193223320001
PIN: 243224110003
ENGSTROM GEORGE H & P J
15510 UNIVERSITY AVE NW
ANDOVER MN 55304
.'
1
PIN: 243224110010 WEST ROBERT & WEST SHEILA M
) 15570 UNIVERSITY AVE NW
ANDOVER MN 55304
PIN: 243224120004 SCHWAN GERALD E
234 157TH AVE NW
ANDOVER MN 55304
PIN: 243224120007 WEST ROBERT K & SHEILA M
15570 UNIVERSITY AVE NW
ANDOVER MN 55304
PIN: 243224130002 SCOTI LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224140001 ERICKSON REUBEN E & MARY M
15486 UNIVERSITY AVE NW
ANDOVER MN 55304
PIN: 243224140002 SCOTI LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224410001 MACGLOVER FAMILY PARTNERSHIP
15155 UNIVERSITY AVE EXT NE
/ HAM LAKE MN 55304
PIN: 243224420001 MACGLOVER FAMILY PARTNERSHIP
15155 UNIVERSITY AVE EXT NE
HAM LAKE MN 55304
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 6,1996
AGENDA
r.o
SECTION
N on-Discussion
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
r.o
~peclal Use PermIt
Real Estate Sign - Lot 1, Block 3
Meadowlark Heights Subdivision
First National Bank of St. Croix Falls, WI
Jeff Johnson
~.
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REOUEST
The City Council is asked to review the Special Use Permit request of First National
Bank of St. Croix Falls, WI on behalf of Scott Lennes, Inc. to erect a real estate sign on
Lot 1, Block 3, Meadowlark Heights.
! BACKGROUND
, ,
For background information please consult the attached staff report presented to the
Planning and Zoning Commission and the rninutes from their October 22, 1996 meeting.
PLANNING AND ZONING COMMISSION REVIEW
The Planning and Zoning Commission at their October 22,1996 meeting, reviewed the
request and recommends to the City Council that First National Bank of St. Croix Falls
be granted a Special Use Permit to erect a real estate sign as requested.
A resolution is attached for Council review and approval.
\
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MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST F.OR PLANNING COMMISSION ACTION
October 22, 1996
DATE
"
AGENDA ITEM OR~PART:~g APPROVED FOR
4. Public Hearin~: Special Use Permit AGENDA
Real Estate Sign - Lot 1, Block 3 m
Meadowlark Heights Subdivision . Jeff Johnson
First National Bank ofSt. Croix Falls, I\WY: BY:
REOUEST I
The Planning and Zoning Commission is asked to review the Special Use Permit request
of First National Bank ofSt. Croix Falls, WI on behalf of Scott Lennes, Inc. to erect a
real estate sign on Lot 1, Block 3, Meadowlark Heights Subdivision. Please consult the
attached location map.
,
APPLICABLE ORDINANCES
, Ordinance No.8. Section 8.07 (Signs)
Ordinance No.8, Section 8.07 (2) (E) lists types of signs that are allowed by Special Use
Permit. Real estate signs may be allowed for a residential project of five (5 a.) acres or
more provided:
1. The sign is at least one hundred thirty (130) feet frorn any residential structure.
2. The sign area shall not exceed two hundred (200) square feet in area.
3. An agreement is made to remove the sign within two (2) years unless an extension
of time is granted by the governing body, after approval of a Special Use Permit has ,
been granted. I
I
Ordinance No.8, Section 8.07 (C)(1) lists the following standards for signs:
1. One sign per lot frontage is permitted in a residential zoned district.
Ordinance No.8. Section 5.03 (Special Uses) ,
I
Ordinance No.8, Section 5.03 regulates the Special Use Permit process. In reviewing a
, Special Use Permit request for any sign the following criteria shall be considered:
1. No sign shall be permitted that constitutes a hazard to vehicular safety.
/
Page Two
Special Use Permit - Real Estate Sign
Meadowlark Heights
First National Bank of St. Croix Falls, WI
October 22, 1996
2. No sign shall be permitted that may tend to depreciate nearby property values, be
a detriment to scenic or pleasant views, or otherwise mar the landscape.
GENERAL REVIEW
The applicant is requesting a Special Use Permit to erect a thirty-two (32) square foot real
estate sign to market the subdivision known as "Meadowlark Heights", a single family
residential development.
COMMISSION OPTIONS
A.
The Planning and Zoning Commission may approve the Special Use Permit
requested by First National Bank of St. Croix Falls, WI on behalf of Scott Lennes,
Inc.
/
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 ofthe 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.8, Section 8.07. The Commission shall also make the following
conditions in accordance with Ordinance No.8, Sections 5.03 and 8.07.
1. The area for development is larger than five (5) acres.
2. The sign is located at least one hundred thirty (130) feet from any
residential structure.
3. The sign area shall not exceed two hundred (200) square feet in area.
.-- \
4. An agreement is made to remove the sign within two (2) years unless an
an extension of time is granted by the governing body; after approval of a
Special Use Permit has been granted.
''-..../
5. The sign is located ten (10) feet or more from any property line.
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Page Three
Special Use Permit - Real Estate Sign
Meadowlark Heights
First National Bank ofSt. Croix Falls, WI
October 22. 1996
6. The Special Use Permit shall be subject to annual review by staff.
7. The owner shall be responsible for the maintenance of the sign.
B. The Planning and Zoning Commission may deny the Special Use Permit requested by
First National Bank of St. Croix Falls, WI on behalf of Scott Lennes, Inc. to erect
a real estate sign on Lot 1, Block 3, Meadowlark Heights.
The Commission finds the request does not meet the criteria established in Ordinance
No.8, Sections 5.03 and 8.07. In denying the request, the Commission shall state
those reasons for doing so.
C. The Planning and Zoning Commission may table the item.
/
STAFF RECOMMENDATION
Staff recommends Option A.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. R- -96
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF FIRST
NATIONAL BANK OF ST. CROIX FALLS, WI ON BEHALF OF SCOTT LENNES,
INC. TO ERECT A REAL ESTATE SIGN ON LOT 1, BLOCK 3, MEADOWLARK
HEIGHTS SUBDIVISION.
WHEREAS, First National Bank of St. Croix Falls, WI on behalf of Scott Lennes, Inc.
has requested a Special Use Permit to erect a real estate sign on the property described as
Lot 1, Block 3, Meadowlark Heights; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No.8, Sections 5.03 and
8.07; and
/
WHEREAS, the Planning and Zoning Commission finds 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 ofthe City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission to allow
First National Bank of St. Croix Falls, WI on behalf of Scott Lennes, Inc. to erect a real
estate sign on said property with the following conditions:
1. The area for development is larger than five (5) acres.
2. The sign shall be located at least one hundred thirty (130) feet from any
residential structure.
3. The sign area shall not exceed two hundred (200) square feet in area.
4.
An agreement is made to remove the sign within two (2) years unless an
extension of time is granted by the governing body, after approval of a
Special Use Permit has been granted.
, )
J Page Two
Resolution - Special Use Permit - Real Estate Sign
Meadowlark Heights Subdivision
First National Bank of St. Croix Falls on Behalf of Scott Lennes, Inc.
November 6,1996
5. The sign shall be located ten (10) feet from any property line.
6. The Special Use Permit will be subject to annual review by staff.
7. The owner shall be responsible for the maintenance of the sign.
Adopted by the City Council ofthe City of Andover on this.6th day of November, 1996.
CITY OF ANDOVER
ATTEST:
. /
J. E. McKelvey, Mayor
Victoria V olk, City Clerk
, /
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 22, 1996
Page 2
(Public Hearing: Special Use Permi t/Antenna Tower/1717 Crosstown
Boulevard - APT, Inc., Continued)
MOTION by Barry, Seconded by Luedtke, to close the public hearing.
Motion carried on as-Yes, 2-Absent (Putnam, Wells) vote. 7:10 p.m.
Mr. Johnson stated one of the conditions of the Special Use Permit is
the ability of the City to conduct an annual review and site inspection.
Commissioner Peek asked if the applicant would be able to install
additional antenna that may project further.
Mr. Wendel - stated they did not anticipate needing more than the three
groups of three. This Special Use Permit covers the nine antennas. If
they would need more, they would come back to this body for an amended
Special Use Permit.
MOTION by Peek, Seconded by Luedtke, to forward the Resolution drafted
by Staff to the City Council with the recommendation for approval with
the following change: In the descriptive paragraph in the opening, note
that this Special Use Permit is for nine antennas be added. Motion
carried unanimously. This will be placed on the November 6 City Council
meeting to be held at the Oak View Middle School. 7:13 p.m.
/ PUBLIC HEARING: SPECIAL USE PERMIT - REAL ESTATE SIGN - LOT 1, BLOCK 3,
MEADOWLARK HEIGHTS - FIRST NATIONAL BANK OF ST. CROIX FALLS ON BEHALF OF
SCOTT LENNES, INC.
7:13 p.m. Mr. Johnson reviewed the request of First National Bank of
St. Croix Falls, Wisconsin, on behalf of Scott Lennes, Inc., to erect a
real estate sign on Lot 1, Block 3, Meadowlark Heights Subdivision. He
noted the applicable ordinances and criteria to be examined. Staff is
recommending approval with conditions. This 32-square-foot sign has
already been erected and faces 154th Avenue. A second 60-square-foot
real estate sign on this parcel has also been erected which faces
University Avenue. Both signs meet the ordinance requirements a~d are
set back further than the l~-foot minimum requirement.
Mr. Carlberg explained normally there is only one real estate sign per
development. In this case, Mr. Lennes has two real estate companies
working for him. The ordinance allows one sign per lot frontage.
MOTION by Luedtke, Seconded by Barry, to open the public hearing.
Motion carried on as-Yes, 2-Absent (Putnam, Wells) vote. 7:20 p.m.
There was no public testimony.
MOTION by Barry, Seconded by Luedtke, to close the public hearing.
Motion carried on as-Yes, 2-Absent (Putnam, Wells) "vote. 7:20 p.m.
i
MOTION by Luedtke, Seconded by Peek, to forward to the City Council fOL
approval the Resolution prepared by Staff permitting the sign by First
National Bank of St. Croix Falls. Motion carried on as-Yes, 2-Absent
(Putnam, Wells) vote. This will be placed on the November 6 City
Council agenda. 7:22 p.m.
. /
SIGN
FIRST NATIONAL BANK OF ST. CROIX FALLS. WISCONSIN
SIGN SIZE EQUALS FOUR FEET X EIGHT FEET
32 SQUARE FEET
/
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SIGN
FIRST NATIONAL BANK OF ST. CROIX FALLS, WISCONSIN
FACING 154TH AVENUE NW
. /
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SEP-20-96 FRI 02:33 PM HEALTH DIMENSIONS
SEP-20 '36 13: U FRCI'l: '''''''-0=.>
,
CITY of ANDOVER
~
16S5 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 5S304 . (812) 7~$-5'OO
, )
FAX NO. 6126891197
......-....._----_.
P. 03
~~ope.ty Address
S.ZCXAL USE .~RftIT
;rl"'-dJ.wl,,~K H;tht~ Sl/tJ;,/$,'o'/
Legal Deseription of property:
(Fill in whichever is epp~op~i~tc):
Lot
Block .3
PIN 2-4' 3~-J'i~ N..-owz..
Addition )1lt".adovU I{~.,.. SJIx:I.
(If metes and bounds, attach
the complete le~al
d@scription. )
Is the property: Abstract /' or TOHI:Qli ? ('lbis
informa~ioa .uat be providod and can be obtained fro. the
County. )
;:::::-~:;-;:~::~-----~~;~-~~~~-~;-~~-~-----~--
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Section of Ordinance
Current Zoninq 4eet. s.01
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~_w_~.__~~~__~__~____________________________________~___________
:5rC:n,'y F:: fh W~,.s9D~1f (-BOO-940-l.J"It{
Phone 7/~ - 'Ii ~ -?,- 'Z. 'II
Date &Jh/flo
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_______~~_w___________M_._~____________M________________________N
Name g! Appll~ant Ji~s+
Addtesa f',o. jj.,;I 7'11
rf~t:._1 i3..",jf 0+ $1-; o.....ix -F.tl/F
H'om~ Phone
Signature
Propurt~ ewnur (Fuu Qwne~)
(If different from abo~e)
Address I '3 ~ ~ 7 '-:t1L-)l;"'1+-".J
Home Phone 7S Y - SO I"Z-
. 0) Signature -/~~,
Seo-lt' LeN;.,eS, ZNC.
;:1,,~ ,..lri... 11-1-- I..",J(C" ....,1\1 !5S 36'1 .
BuSiness Phone 6'8 J- 6' t"~.,r
~€~':Ptr,v'T Date' ~/z~;; b
- -------------.." - - --,., ~ --- -,,. --.... - *' -------"",""',.,."..----: -------- -- -..- - - ---
"
, )
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; dimensions 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 1 0.00
Amended SUP . 0
Recording Fee
Abstract property ~
Torrens property ~
Date Paid
lof 2(){ q(,
Receipt It 035g/2
03Sl/3
/
Rev. 5-06-93:d'A
5-04-94:bh
2-0l-95:bh
3-22-95:bh
Res. 179-91 (11-05-91)
CRITERIA FOR GRANTING SPECIAL USE PERMITS
In granting a Special Use Permit, the City Council shall consider
the advice and recommendation of the Planning and zoning
Commission and:
1. The effect of the proposed use upon the health, safety,
morals and general welfare of occupants of surrounding
lands.
2. Existing and anticipated traffic conditions including
parking facilities on adjacent streets and lands.
3. The effect on values of property and scenic views in the
surrounding area.
4. The effect of the proposed use on the Comprehensive Plan.
. /
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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, October 22, 1996 at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the
Special Use Permit request of First National Bank ofSt. Croix Falls, WI on behalf of
Scott Lennes, Inc. to allow for the erection of a real estate sign as defined in Ordinance
No.8, Section 8.07 located at Lot 1, Block 3 Meadowlark Heights.:
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.
Lt-~tfdb
Victoria V olk, City Clerk
Publication Dates: October 11, 1996 and October 18, 1996
/ ANOKA COUNTY G.I.S.
2100 3RD AVENUE ANOKA. MN 55303 OFFICE: 612/422-7508 FAX: 612/422-7508
PIN = Parcel Identification Number 17-Serr96
PIN: 193223220005 BODINSKI ADAM J & DONNA M
15515 UNIVERSITY AVE NE
HAM LAKE MN 55304
PIN: 193223230003 EPPENBERGER BRADLEY 0 & JANET
15442 3RD ST NE
HAM LAKE MN 55304
PIN: 193223230004 HACKETI KEVIN & SHANNON
39 154TH AVE NE
HAM LAKE MN 55304
PIN: 193223230005 WOODCOCK RANDY R & SUSAN M
15455 UNIVERSITY AVE NE
HAM LAKE MN 55304
PIN: 193223230006 ULFERTS JEFFREY M & DONNA L
15460 3RD ST NE
HAM LAKE MN 55304
/
PIN: 193223230015 SCAVO MICHAEL F & ANTHONY M
44 154TH AVE NE
HAM LAKE MN 55304
PIN: 193223230016 RADI DENNIS L & ELIZABETH C
142 154TH AVE NE
HAM LAKE MN 55304
PIN: 193223310003 HOFFMAN WARREN A & DIANE M
15740 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 193223320001 MACGLOVER JOSEPHINE T
15155 UNIVERSITY AVE NE
HAM LAKE MN 55304
PIN: 193223320002 MACGLOVER RICHARD A
15245 UNIVERSITY AVE NE
ANOKA MN 55304
PIN: 243224110003 ENGSTROM GEORGE H & P J
15510 UNIVERSITY AVE NW
\ ANDOVER MN 55304
,
1
PIN: 243224110010 WEST ROBERT & WEST SHEILA M
J 15570 UNIVERSITY AVE NW
ANDOVER MN 55304
PIN: 243224120004 SCHWAN GERALD E
234 157TH AVE NW
ANDOVER MN 55304
PIN: 243224120007 WEST ROBERT K & SHEILA M
15570 UNIVERSITY AVE NW
ANDOVER MN 55304
PIN: 243224130002 SCOTI LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224140001 ERICKSON REUBEN E & MARY M
15486 UNIVERSITY AVE NW
ANDOVER MN 55304
PIN: 243224140002 SCOTI LENNES INC
13627 LEXINGTON AVE NE
HAM LAKE MN 55304
PIN: 243224410001 MACGLOVER FAMILY PARTNERSHIP
/ 15155 UNIVERSITY AVE EXT NE
HAM LAKE MN 55304
PIN: 243224420001 MACGLOVER FAMILY PARTNERSHIP
15155 UNIVERSITY AVE EXT NE
HAM LAKE MN 55304
'. /
2
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 6,1996
ITE M '" ti', .
r.o Amended SUP 96-19 d-O-'
Continuation of Mining Permit
166xx Hanson Blvd NW
North Lexington Landscaping
Planning ~\fV~
APPROVED
FOR AGENDA
AGENDA SECTION
r.o Non-discussion Item
ORIGINATING DEPARTMENT
BY:
John Hinzman
Request
The City Council is asked to review and approve the Amended Special Use Permit
request of North Lexington Landscaping to continue mining soil at 166xx Hanson Blvd
NW. Please consult the attached staff report dated October 22, 1996 and the minutes
from the Planning and Zoning Commission meeting for further information.
r'
, Recommendation
./
The Planning and Zoning Commission recommends approval of the Amended Special
Use Permit request with the conditions stipulated in the attached resolution.
\
)
MOTION BY:
SECOND BY:
,
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -96
A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST
OF NORTH LEXINGTON LANDSCAPING TO ALLOW FOR THE CONTINUATION
OF SOIL MINING PURSUANT TO ORDINANCE NO.8, SECTION 4.24 ON
PROPERTY LOCATED AT 166xx HANSON BOULEVARD NW.
WHEREAS, North Lexington Landscaping has requested an Amended Special Use
Permit to allow for the continuation of soil mining pursuant to Ordinance No.8, Section
4.24 on property located at 166xx Hanson Boulevard NW, legally described as follows:
The Southwest 1/4 of the Southwest 1/4 of Section 11, Township 32, Range 24
except the South 660 feet of the West 687 feet thereof; also except roads subject
to easements of record.
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No.8, Section 4.24; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals, and general welfare of the City of
Andover; and
WHEREAS, a public hearing was held and there was no opposition to the request; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the Amended Special Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the Amended Special Use Permit on said property with the following
conditions:
1) That safety precautions be taken at the end of each working day to prevent injury
to playing children, bike riders and snowmobilers, etc.
,----,I
2)
That the applicant provide the City with a security bond to hold harmless for
restoration of the site as determined by the City Engineer.
.,--,
/
Page Two
Amended SUP - Mining of Soil
North Suburban Landscaping
November 6, 1996
3) That signs be placed on both sides ofthe driveway at Hanson Boulevard to signal
the presence of trucks hauling.
4) That the applicant only alter the topography to perform necessary mining
operations.
5) That the roadway be watered to control dust.
6) That the hauling of material be limited to Monday through Friday, 8:00 AM. to
8:00 P.M. and Saturdays, 8:00 AM. until 4:00 P.M.
(7) That the applicant restore the banks of the mined area after excavation with
approved topsoil, seed, and lor vegetation or brush to control erosion.
(8)
That the applicant obtain all necessary permits, including, but not limited to, the
following organizations: Department of Natural Resources, U.S. Army Corps of
Engineers, and Coon Creek Watershed District.
(9) That the permit be subject to an annual review and renewal by the City and be
limited to five years from the adoption of this resolution.
Adopted by the City Council of the City of Andover on this Q!h day of November,
1996.
CITY OF ANDOVER
ATTEST:
lE. McKelvey, Mayor
Victoria V olk, City Clerk
/
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 22, 1996
Page 3
PUBLIC HEARING: SPECIAL USE PERMIT - REAL ESTATE SIGN - OT 1, BLOCK 3,
MEADOWLARK HEIGHTS - REMAX REALTY ON BEHALF OF ENNES, INC.
7:22 p.m. Mr. Johnson reviewed the request
60-square-foot sign on Lot 1, Block 3, M
facing University Avenue.
ReMax Realty to erect a
owlark Heights Subdivision
MOTION by Luedtke, Seconded by A ,to open
carried on a 5-Yes, 2-Absent utnam, Wells)
no public testimony.
the public hearing. Motion
vote. 7:24 p.m. There was
MOTION by Apel, Se
carried on
ded by Barry, to close the public hearing. Motion
2-Absent (Putnam, Wells) vote.. 7:24 p.m.
Apel, Seconded by Peek, that the Planning and Zoning
Commi ~on forward to the City Council with the recommendation of
a oval of the Resolution presented by the Staff regarding the ReMax
ealty sign as presented. Motion carried on a 5-Yes, 2-Absent (Putnam,
Wells) vote. This will be placed on the November 6 City Council agenda.
N~ PUBLIC H~ARING: AMENDED SPECIAL USE PERMIT - MINING PERMIT - 166XX
~ HANSON BOULEVARD NW - NORTH LEXINGTON LANDSCAPING
J
7:25 p.m. Mr. Hinzman reviewed the background on the request to amend
the Special Use Permit of North Lexington Landscaping to continue a soil
mining operation at 166xx Hanson Boulevard NW. The original Special Use
Permit, issued in 1991, was for five years and expired October 1, 1996.
A mining permit was issued in 1989, and the excavated area was graded
according to plan. The mined area is approximately two acres and is
located 660 feet east of a home owned by the operator's son. The minin9
operation is screened from view from all land owners. Staff is
recommending approval with conditions.
Mr. Carlberg stated there have been no complaints filed on the operation
in the past five years. Nothing is being proposed in the way of
development around that are~. Commissioner Barry raised a concern with
the 8 p.m. ending time of operation, thinking it seems late.
Commissioner Apel stated that is the standard time allowed.
Dick Kuiken - stated they never drive past 5 p.m. Two of his sons live
in the nearest residence. It is all wetlands around the mined area.
MOTION by Luedtke, Seconded by Barry, to open the public hearing.
Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:31 p.m.
There was no public testimony.
MOTION by Apel;' Seconded by Luedtke, to close the public hearing.
Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:31 p.m.
"
MOTION by Apel, Seconded by Peek, to forward the resolution as presented
by Staff to the City Council with our recommendation that it be approved
as written. Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote.
This will be on the November 6 City Council agenda. 7:33 p.m.
,
CITY OF ANDOVER
REQUESTF,OR PLANNING COMMISSION ACTION
AGENDA ITEM
6. Public Hearing: ASUP 96-19
Continuation of Mining Permit
166xx Hanson Blvd NW
i\Tnnh T T.'
DATE October 22, 1996
ORIGINATING DEPARTMENT
Planning
APPROVED FOR
AGENDA
John Hinzman
BY:
BY:
Request
The Planning and Zoning Commission is asked to review the Amended Special Use
Permit request of North Lexington Landscaping to continue a soil mining operation on
property located at 166xx Hanson Blvd NW (PIN 11-32-24-33-0004), legally described
as:
The Southwest 1/4 of the Southwest 1/4 of Section 11, Township 32, Range 24
except the South 660 feet of the West 687 feet thereof; also except roads subject
to easements of record.
The property is zoned R-1, Single Family Rural.
Applicable Ordinances
Ordinance No.8, Section 4.24, requires that a Special Use Permit be obtained for mining
and that the following items be submitted upon application:
(A) A plan for finished grade which will not adversely affect the surrounding
land or the development of the site on which the mining is being
conducted; and
(B) The route of trucks moving to an from the site.
Ordinance No.8, Section 5.03, regulates the Special Use Permit process as well as the
Amended Special Use Permit process and outlines the following criteria for review:
1) The effect of the proposed use upon the health, safety, morals and general
welfare of the occupants of the surrounding land.
2) The existing and anticipated traffic conditions including parking facilities
on adjacent streets and land.
, I
I
Page Two
ASUP 96-19, North Lexington Land.
166xx Hanson Blvd NW
October 22, 1996
3) The effect on values of property and scenic views in the surrounding
area.
4) The effect ofthe proposed use on the Comprehensive Plan.
Adjacent Zoning and Land Use
All surrounding land is zoned for R-1, Single Family Rural. Rural residences exist to the
west and south.
Background
North Lexington Landscaping is asking to amend Special Use Permit 91-18 to continue
mining soil and to grade the site at 166xx Hanson Blvd NW. Resolution R145-91
stipulated the length of the permit to five (5) years, expiring October 1, 1996. A mining
permit was issued in 1989 (SUP 89-16) and the excavated area graded according to plan.
General Review
The mined area is approximately two acres and is located 660 feet east of a home partly
owned by Dick Kuiken, the operator. The mining operation is screened from view from
all land owners. The applicant is actively grading the site to the specifications of the
attached site plan, and the 1991 resolution.
Commission Options
1. The Planning and Zoning Commission may recommend to the City Council approval
of the Amended Special Use Permit requested by North Suburban Landscaping on
property located at 166xx Hanson Blvd NW, legally described as follows:
The Southwest 1/4 of the Southwest 1/4 of Section 11, Township 32, Range 24
except the South 660 feet of the West 687 feet thereof; also except roads subject
to easements of record.
The Commission finds the request meets the requirements of Ordinance No.8
2. The Planning and Zoning Commission may recommend to the City Council denial of
the Amended Special Use Permit requested for North Lexington Landscaping on property
located at 166xx Hanson Blvd NW, legally described as follows:
Page Three
ASUP 96-19, North Lexington Land.
166xx Hanson Blvd NW
October 22, 1996
The Southwest 1/4 of the Southwest 1/4 of Section 11, Township 32, Range 24
except the South 660 feet of the West 687 feet thereof; also except roads subject
to easements of record.
The Commission finds the request does not meet the requirements of Ordinance No.8.
In recommending denial of the request, the Commission shall state those reasons for
doing so.
3. The Planning and Zoning Commission may table the item pending further information
from Staff.
Staff Recommendation
Staff recommends approval of the Amended Special Use Permit requested with the
following conditions:
1) That safety precautions be taken at the end of each working day to prevent injury
to playing children, bike riders and snowmobilers, etc.
2) That the applicant provide the City with a security bond to hold harmless for
restoration of the site as determined by the City Engineer.
3) That signs be placed on both sides of the driveway at Hanson Boulevard to signal
the presence of trucks hauling.
4) That the applicant only alter the topography to perform necessary mining
operations.
5) That the roadway be watered to control dust.
6) That the hauling of material be limited to Monday through Friday, 8:00 AM. to
8:00 P.M. and Saturdays, 8:00 AM. until 4:00 P.M.
(7) That the applicant restore the banks of the mined area after excavation with
approved topsoil, seed, and lor vegetation or brush to control erosion.
(8)
That the applicant obtain all necessary permits, including, but not limited to, the
following organizations: Department of Natural Resources, U.S. Army Corps of
Engineers, and Coon Creek Watershed District.
I
,
I
J
Page Four
ASUP 96-19, North Lexington Land.
166xx Hanson Blvd NW
October 22, 1996
(9) That the permit be subject to an annual review and renewal by the City and be
limited to five years from the adoption of this resolution.
Attachments
A-I Resolution
A-2 SUP 91-18 Minutes, Report and Resolution
A-3 Area Location Map
A-4 Site Location Map
A-5 Site Plan
A-6 Amended Special Use Permit Application
A-7 Notice of Public Hearing
.'
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CITY of ANDOVER
PLANNING AND ZONING COMMISSION MEETING
MINUTES
Hf, 1991
The Regular Bi-Monthly Meeting of the Andover PI ning and Zoning
Commission was called to order by Chairperson andy Peek on September
10, 1991, 7:30 p.m., at the Andover City H ,1685 Crosstown
Boulevard NW, Andover, Minnesota.
Commissioners absent:
Also present:
Maynard AR : Bonnie Dehn, Steve Jonak, Bev
Jovanov . Marc McMullen <arrived at 7:35
p.m. . Becky Pease
N e
ity Planner, David Carlberg; Assistant City
Engineer, Todd Haas: and others
Commissioners present:
, J
APPROVAL
, 1991: Page 2, paragraph by Mike Knight, change Shoreland
to Ordinance 52, Scenic River Ordinance.
Ape!. Seconded by Jovanovich, to approve the Minutes as
Motion carried on a 6-Yes, l-Absent <McMullen) vote.
(2f)
PUBLIC HEARING: SPECIAL USE PERMIT - MINING PERr1IT. NORTH LEXINGTON
LANDSCAPING. 166XX HANSON BOULEVARD NW
7:32 p.m. Mr. Haas reviewed the,request of Mr. Dick Kuiken of North
Lexington Landscaping to mine soil at 166xx Hanson Boulevard NW.
There currently is one pond on the property that is nearly complete.
This permit will allow him to develop another slightly larger pond In
the same vicinity, and it is expected there wil I be standing water in
the pond. The topsoil wll I be used for residential and commercial
establishments.
(Commissioner McMullen arrived at this time: 7:35 p.m.)
Mr. Haas reviewed Staff's recommended conditions to the Permit, noting
they are similiar to the previOUS permit and consistent with what has
been required on other mining permits in the past. Staff is also
recommending the Permit be for a five-year time period. If additional
time is needed, Mr. Kuiken can request an amendment to the Permit.
Mr. Haas also explained that the site wil I be Inspected each year. He
stated there have been no problems wIth the first permit. .'
'I Dick Kuiken stated the same driveway will be used that was used for
the first Permit. The signs are stil I there. The driveway has a gate
and the area fenced, plus it is behind the trees. The Commission
recommended that the driveway be indicated on the sketch plan.
;
Planning and Zoning Commission
Minutes - September 10, 1991
Page 2
(Public Hearing: Special Use Permit - Mining, Hanson Blvd., Continued)
The hearing was opened for public testimony. There being none,
Chairperson Peek asked for a motion to close the hearing.
MOTION by Pease, Seconded by Dehn, to so move. Motion carried
unanimously.
MOTION by Apel, Seconded by McMul len, that the Planning and Zoning
Commission recommend approval of the Special Use Permit by North
Lexington Landscaping to mine soil on the property described in the
application (166xx Hanson Boulevard, PIN R11 32 24 33 0004).
Add to the proposed resolutIon the eight items on the sample
resolution. which also corresponds to Items a - h on the Staff
recommendation.
Add Item 9. That the haul road be indicated to the Engineering
Department on the drawing.
Add Item 10. That an annual review be held on the permit.
.J
Add Item 11. That the applicant keep Hanson Boulevard in a state of
good repair (cleanup of rubbish).
Add Item 12. The length of this permit wil I be five years. If the
appl icant wishes to extend it, he may come in at that time for an
amendment.
A publ ic hearing was held and there was no opposition.
Motion carried unanimously. This item will be on the October 1, 1991,
Counci I agenda. 7:43 p.m.
y
JOHN
Mr. Carlberg of John Ewert to construct a 30' x
48' accessory pole to the construction of a principal
structure at 17615 Roanoke reet. It is a 16.5-acre parcel zoned R-2
and is in the Rum River Scenic ver District. The appiicant has no
intent of constructing a principa tructure on this parcel. Mr. Ewert
has his principal structure on the adJ nt parc~1 but cannot build
the accessory building on that parcel beca of the I imitations in
the Scenic River Ordinance. This has already n forwarded to the
Department of Natural Resources for their informat
CITY OF ANDOVER
REQUEST F.OR :PLANNING COMMISSION ACTION
DATe September 10, 1991
AGENDA ITEM
3.
ORIGINATING DEPARTMENT
APPROVED FOR
AGENDA
Public Hearing
North Lexington Landscaping
Soecial Use Permit
Enginee ring
-1~
BY:
Todd J. Haas
BY:
The Planning and zoning Commission is requested to hold a public
hearing and recommend approval of the Special Use Permit to mine
soil as required per Ordinance 8, Section 4.24 a~ requested by
North Lexington Landscaping.
Mr. Kuiken of North Lexington Landscaping is completing pond *1
and has made application for a Special Use Permit to mine pond *2
which will exceed the 400 cubic yards. Attached is the proposed
diagram of pond *2 indicating the proposed finished elevations.
The City staff has reviewed the application and their comments
are as follows:
/
a. Safety precautions be taken at the end of each working
day to prevent injury to playing children, bike riders,
snowmobilers, etc.
b. The applicant shall provide the City of Andover with a
security bond to hold the City harmless for restoration
of the site as determined by the City Engineer.
c. Signs to be placed on both sides of the driveway at
Hanson Boulevard indicating trucks hauling.
d. The applicant is requested to make reasonable use of the
property without altering the topography greatly.
e. watering of the haul road to control dust during dry
times.
f. Hauling of.material is Monday through Friday, 8:00 A.M.
to 8:00 P.M. and saturdays, 8:00 A.M. to 4:00 P.M.
g. The applicant is required to restore the banks of the
mined area after the area has been excavated using an
approved topsoil, seed, and/or vegetation or brush to
establish erosion control.
)
h. Obtaining all necessary permfts from the DNR, U.S. Army
Corps of Engineers, the watershed Organization, and any
other agency which may be interested in the site.
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.Staff recommends approval of the Special Use .Permit.
Note
The applicant
complete the
extension
amendment
has requested a 5 to 10 year
site. Staff recommends for
is requested, the applicant
for a extension.
time span to
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could request an
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
Amended SPECIAL USE PERMIT
property Address i?bXY i-bn5:7() 15 furl I1J/,A/
Legal Description of Property:
(Fill in whichever is appropriate):
Lot
Block
Addi tion
PIN J {- ~ - .)L./- s3 -OCOLf
(If metes and bounds, attach
the complete legal
description. )
Is the property: Abstract ~ or Torrens ? (This
information must be provide~ can be obtained from the
County. )
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Reason for Request (O!1-t!!1UGrftC/) 0+ M/()//)Cj re.frnt~ SuI ql-/'X
, /
Section of Ordinance 4,J4
Current Zoning ~-I
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Name of Applicant D/cK
Address ~o.S t-t iC1hl,;Clv
........ I
Signature
K:LA/Yef) //lJO/fhLNI'r:3JNI W/lr!SCOjJ/~
10/ (31u/np, M /1/ S c)4~Lf
Phone 784-5//3
Date ;0/ /Jlqj,
Home Phone
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Property Owner (Fee Owner)
(If different from above)
Address
I
Home Phone
Business Phone
Signature
Date
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,
)
,~.
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100'
CITY OF ANDOVER
COUNTYOFANOKA
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, October 22, 1996 at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the
Amended Special Use Permit request of North Lexington Landscaping to continue
mining soil on property located 166xx Hanson Boulevard NW (pIN 11-32-24-33-0004)
legally described as the following:
The Southwest 1/4 of the Southwest 1/4 of Section 11, Township 32, Range 24
except the South 660 feet of the West 687 feet thereof; also except roads subject
to easements of record.
,
,_/ All written and verbal comments will be received at that time and location. A copy of the
application and location will be available at the Andover City Hall for review prior to
said meeting.
~ ([..t6
Victoria V olk, City Clerk
Publication dates: October 11, 1996
October 18, 1996
. '\
\.. "
PIN 11322433-0004
Dick F. and Elaine M. Kuiken
"':718 Knollwood Drive
.1ounds View, MN 55112
PIN 14322422-0005
Dorothy Aasness
16425 Hanson Blvd. NW
Andover, MN 55304
PIN 11322432-0001
Dick F. and Elaine M. Kuiken
7718 Knollwood Drive
Mounds View, MN 55112
PIN 11322433-0002
Richard A. and Carrie A. Kuiken
16541 Hanson Blvd. NW
Andover, MN 55304
PIN 11322431-0001
Frances L. Selmer
17000 Ward Lake Drive
Andover, MN 55304
PIN 11322433-0003
Duane L. and Dick F. Kuiken
Investers Mortgage
P.O. Box 1030, suite 990
Minneapolis, MN 55480-1030
PIN 11322434-0001
Dick Kuiken
7718 Knollwood Drive
Mounds View, MN 55112
PIN 10322444-0002
Jerome M. and Gayle A. pikus
16526 Hanson Blvd. NW
Andover, MN 55304
OIN 11322434-0002
,_ck Kuiken
1718 Knollwood Drive
Mounds View, MN 55112
PIN 10322444-0005
Donovan Robarge
The Family Bank
121 East Cherry st.
Mankato, MN 56006
PIN 10322444-0004
Dale J. and Kimberly Howard
Firstar Mortgage Service
P.O. Box 2907
Milwaukee, WI 53201
PIN 10322444-0006
Donald M. Osman, Sr.
1781 167th Ave. NW
Andover, MN 55304
PIN 10322441-0001
Arnold V. and Mary E. Rasmusson
17603 19th Ave. No.
Plymouth, MN 55447
, "
}
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 6,1996
AGENDA SECTION
r.o Non-Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
r.o Variance 96-09
Ord. 52, OHWM Septic Setback
5167 159th Avenue NW
Mary Anderson
r;}-~'
Planning --:S vJ ..tt
BY:
John Hinzman
Request
i
, /
The City Council is asked to review and approve the variance request of Mary Anderson
to construct an on-site sewage treatment system 35 feet from the 100 foot minimum
setback from the Ordinary High Water Mark pursuant to Section 5.02 of Ordinance No.
52, the Scenic River Ordinance. Please consult the attached staff report dated October 22,
1996 and the minutes from the Planning and Zoning Commission meeting for further
information.
Recommendation
The Planning and Zoning Commission recommends approval of the variance request
with the conditions stipulated in the attached resolution.
"
)
MOTION BY:
SECOND BY:
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -96
A RESOLUTION GRANTING THE VARIANCE REQUEST OF MARY ANDERSON
TO DEVIATE 65 FEET FROM THE MINIMUM ON-SITE SEWAGE TREATMENT
SYSTEM SETBACK OF 100 FEET FROM THE ORDINARY HIGH WATER MARK
PURSUANT TO ORDINANCE NO. 52, SECTION 5.02.01(6).
WHEREAS, Mary Anderson has requested a variance to deviate 65 feet from the
minimum on-site sewage treatment setback of 100 feet from the Ordinary High
Water Mark pursuant to Ordinance No. 52, Section 5.02.01 (6), located at 5167
161st Avenue NW, legally described as the following:
That part of Government Lot 6, Section 13, Township 32, Range 25 described as follows:
/
Commencing at the 1\16 corner in the center of the SE 1\4 of said Section 13;
thence West 1 rod; thence North on a line 1 rod West of and parallel with the East
line of said Government Lot 6 distant 1067.88 feet to a point 1486.32 feet South
of the North line of Government Lot 7 of said Section 13; thence deflecting to the
left 88 degrees 35 minutes and parallel with the North line of said Government
Lot 7 distant 701.5 feet; thence deflecting to the left 82 degrees 58 minutes distant
230.41 feet; thence deflecting to the left 12 degrees 28 minutes distant 365.5 feet;
thence deflecting to the left 31 degrees 33 minutes distant 176.0 feet to the actual
point of beginning; thence deflecting to the right 79 degrees 36 minutes a distance
of 140.0 feet more or less to the shore ofthe Rum River, said line to be described
as Line A; thence returning Easterly along said Line A to the point of beginning;
thence deflecting to the right 100 degrees 24 minutes a distance of79.2 feet;
thence deflecting to the left 33 degrees 35 minutes 20.8 feet; thence deflecting to
the right 93 degrees 57 minutes 130.2 feet more or less to the shore of the Rum
River; thence Northwesterly along the shore ofthe Rum River a distance of 140.0
feet more or less to the intersection with Line A; thence Northeasterly along said
Line A to the point of beginning.
AND
That part of Government Lot 6, Section 13, Township 32, Range 25, Anoka
County, Minnesota, described as follows:
,
'_./
Commencing at the 1\16 corner in the center of the SE 1\4 of said Section 13;
thence West 1 rod; thence North on a line 1 rod West of and parallel with the East
/
Page Two
Variance - Mary Anderson
5167- 159th Avenue NW
November 6, 1996
line of said Government Lot 6 distant 1067.88 feet to a point 1486.32 feet South
of the North line of Government Lot 7 of said Section 13; thence deflecting to the
left 88 degrees 35 minutes and parallel with the North line of said Government
Lot 7 distant 701.5 feet; thence deflecting the left 82 degrees 58 rninutes distant
230.41 feet; thence deflecting to the right 18 degrees 58 minutes distant 131.15
feet; thence deflecting 31 degrees 33 minutes distant 76.0 feet to the actual point
of beginning; thence deflecting to the right 96 degrees 00 minutes a distance of
139.6 feet more or less to the shore of the Rum River, said line to be described as
Line A; thence returning Easterly along said Line A to the point of beginning;
thence deflecting to the right 84 degrees 00 minutes a distance of 100.00 feet;
thence deflecting to the right 79 degrees 36 minutes a distance of 140.0 feet more
or less to the shore of the Rum River; thence Northwesterly along the shore of the
Rum River a distance of 140.0 feet more or less to the intersection with Line A;
thence Northeasterly along said Line A to the point of beginning.
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
/ determined that said request meets the criteria for granting a variance stipulated in
Ordinance No. 52, Section 10.03.01, and Ordinance No.8, Section 5.04.
WHEREAS, the Planning and Zoning Commission finds the request would nothave a
detrimental effect upon the health, safety, morals and general welfare of the City of
Andover; and
WHEREAS, the Planning and Zoning Commission finds the request is consistent with
Minnesota Statutes, Sections 104.31-104.40 and the Management Plan for the Rum River
(NR 2700).
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 variance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the variance on said property with the following conditions:
'. /
1. That the variance is contingent upon the approval of the Minnesota Department of
Natural Resources.
/
Page Three
Variance - Mary Anderson
5167- 159th Avenue NW
November 6, 1996
2. That the applicant obtain a building permit for construction of the on-site septic
system.
Adopted by the City Council of the City of Andover on this Q1h day of November,
1996.
CITY OF ANDOVER
J.E. McKelvey, Mayor
ATTEST:
/ Victoria V olk, City Clerk
J
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 22, 1996
) Page 4
W PUBLIC HEARING: VARIANCE/ON-SITE SEPTIC SYSTEM ENCROACHING INTO
/'if SETBACK FROM THE ORDINARY HIGH WATER MARK PURSUANT TO ORDINANCE NO.
SCENIC RIVER ORDINANCE - 5167 159TH AVENUE NW - MARY ANDERSON
THE
52,
7: 33 p. m. Mr. Hinzman reviewed the request of Mary Anderson to
construct a replacement on-site sewage treatment system 35 feet from the
Ordinary High Water Mark, infringing upon the 100-foot setback. The
property is zonedR-1, Single Family Rural, and is located within the
Rum River Scenic River District. The Department of Natural Resources
has inspected the property and indicated the proposal would not be
detrimental to either the protected waterway or slope. The lot is
approximately 31,500 square feet containing approximately 240 feet o~
Rum River shoreline with a depth ranging from 130 to 140 feet. The
bluff line is minimal and located 16 feet from the drop boxes and
drainfield. The well is located to the north of the residence.
Construction of the home pre-dates incorporation of the City and was
acquired through annexation from the City of Ramsey. The size of the
lot creates an exceptional circumstance unique to the property. A
similar setback variance of approximately 30 feet was granted to 17230
Aztec Street in 1991. Staff is recommending approval with conditions.
,
MOTION by Apel, Seconded by Luedtke, to open the public hearing.
Motion carried on a 5-Yes, 2-Absent (putnam, Wells) vote. 7:40 p.m.
\
/ The Commission questioned why the drainfield couldn't be oriented in a
north-south direction to reduce the infringement into the setback.
Marv Anderson - explained the drainfield will be placed only a few feet
south of the existing one. It is almost between the corner of the house
and the garage. She reviewed the steps taken and people contacted in an
effort to place the drainfield in the best location. Four soil borings
were done. She did not know if a north-south orientation was
contemplated. Mr. Carlberg explained one of the reasons for the
location as proposed is because of the property to the south, th":)
setbacks and the well separation per the health code. The property to
the south also has a drainfield that may be having a problem. This was
considered the best location by the people who did the soil borings and
drawings based on the setbacks and location. In discussing this with
the Building Official, this is a better location than the existing
drainfield. The DNR has reviewed it and is comfortable with the
location based on the lot size.
MOTION by Apel, Seconded by Luedtke, to close the public hearing.
Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. 7:47 p.m.
Commissioner Peek stated the only issue is the orientation of the
drainfield. Experts have looked at this, and he assumed the location
proposed has some rationale behind it. He would be leery of 'looking at
a different orientation.
j
MOTION by Peek, Seconded by Apel, to forward the Staff prepared
Resolution to the City Council with the recommendation for approval.
Motion carried on a 5-Yes, 2-Absent (Putnam, Wells) vote. This will be
placed on the November 6 City Council agenda. 7:48 p.m.
,/
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
AGENDA ITEM
7. Public Hearing: Variance 96-09
Ord. No. 52, OHWM Setback
5167 - 159th Avenue NW
1\"'"n, A...r1,..~~"'-
DATE October 22, 1996
ORIGINATING DEPARTMENT
APPROVED FOR
AGENDA
Planning
John Hinzman
BY:
BY:
Request
The Planning and Zoning Commission is asked to review the variance request of Mary
Anderson to construct an on-site sewage treatment system 35 feet from the Ordinary High
Water Mark (OHWM), infringing upon the 100 foot setback from the OHWM pursuant to
Ordinance 52, the Scenic River Ordinance, on property located at 5167- 159th Avenue
NW (13-32-25-42-0006, 0007). A legal description follows as attachment A-2.
The property is zoned for R-1, Single Family Rural and is located within the Rum River
Scenic River District.
Applicable Ordinances
Ordinance No. 52, Section 5.02(6), establishes 100 feet as the minimum on-site sewage
treatment system setback from the OHWM.
Ordinance No. 52, Section 10.03, requires the following conditions be present in granting
a variance to the Scenic River Ordinance:
(1) The strict enforcement of the land use controls will result in an unnecessary
hardship.
(2) Granting of the variance is not contrary to the purpose and intent of the zoning
provisions herein established by these standards and criteria, and is consistent
with NR 2700.
(3) There are exceptional circumstances unique to the subject property which were
not created by the landowners.
(4) Granting of the variance will not allow any use which is neither a permitted or
conditional use in the land use district in which the subject property is located.
(5) Granting of the variance will not alter the essential character of the locality as
established by the management plan, NR 2700.
Ordinance No.8, Section 5.04, establishes the variance procedure and process.
I
Page Two
Variance - Mary Anderson
5167- 159th Avenue NW
October 22, 1996
Department of Natural Resources Review
The Department of Natural Resources (DNR) has inspected the property and indicates
that constructing the on-site septic system at the proposed setback would not be
detrimental to either the protected waterway or slope.
Background
The applicant proposes to construct an on-site septic system consisting of a 1500 gallon
septic tank and drainfield. The lot is approximately 31,500 square feet (0. 72 acres),
containing approximately 240 feet of Rum River shoreline, with a depth ranging from
130 to 140 feet. The bluffline is minimal and located 16 feet from the drop boxes and
drainfield, sloping ten feet to the OHWM. The well is located to the North of the
residence. Drainage on the lot is generally North to South on both sides of the bluffline,
placing the well uphill from the septic system.
A similar OHWM setback variance of approximately 30 feet was granted to 17230 Aztec
Street in 1991 (V AR 91-6).
Determination
Construction of the home pre-dates incorporation of the City, and was acquired through
annexation from the City of Ramsey. The size of the lot inhibits construction of an on-
site septic system greater than 100 feet from the OHWM, creating an exceptional
circumstances unique to the property, and not created by the property owners as
stipulated under Ordinance No. 52, Section 10.03.
Commission Options
1. The Planning and Zoning Commission may recommend to the City Council approval
of the variance requested by Mary Anderson on property located at 5167- 159th Avenue
NW, legally described on attachment A-2. The Commission finds the request meets the
requirements for granting a variance stipulated in Ordinances No.8 and 52.
2. The Planning and Zoning Commission may recommend to the City Council denial of
the variance requested by Mary Anderson on property located at 5167- 159th Avenue
NW, legally described on attachment A-2. The Commission finds the request does not
meet the requirements for granting a variance stipulated in Ordinances No.8 and 52. In
recommending denial of the request, the Commission shall state those reasons for doing
so.
/
Page Three
Variance - Mary Anderson
5167- 159th Avenue NW
October 22, 1996
3. The Planning and Zoning Commission may table the item pending further information
from Staff.
Staff Recommendation
Staff recommends approval of the variance requested with the following conditions:
1. That the variance is contingent upon the approval of the Minnesota Department of
Natural Resources.
2. That the applicant obtain a building permit for construction of the on-site septic
system.
Attachments
A-I Resolution
A-2 Legal Description
A-3 Area Location Map
A-4 Sketch Map
A-5 Topographic Map
A-6 Copy of Variance Application
A-7 Notice of Public Hearing
FROM :UT-JR ~IEN/~GENCY
61:2 829 121224
1996,1219-25
1121:24
llSSe P.12I4/1216
/
OWNERS AND ENCUMBRANCES REPORT
FileNo: 39-222000
con'd.nuatiOn of O;"'NERS l'u'ID ENCUMBRJ\NCES REPORT .j!4
A2STRACT PROPf;RTY - 13- ~-':;>S-- '-t2-GW7
That part gf Govel'nmp.nt Lot 6, section 13. To"m:hip 32, Range ZS dQ!c1"lbell as
follews:
COll'lnenclng at the 1116 cgrner In tile c:entrr uf the SEl/4 of ~ald Ser.tlon D; lhcl1c"
WeS t 1 rod; thence Horth on 3 11 lie T rod \Ie! t or ,mU (I." a 11 e T wI tn the East, 11 De of
said Gev~nrment I,ot 6 dIstant lOG7.S!l fcet to a I'olnt 148".32 feet 50l.ltll nf the North
lIne of Governmcnt Lot'7 of saId SEction 13; thence deflecting to the left BA negre"S
3S minutes and parallel with the Marth Hne ::F said Government Lot 7 dIstant 701.5
feet; ttll:nr:. deflecting to the 'qft 62 degre~s sa minutes distant 230.41 fcet; thence
dcflectlng to the right 18 degrees :3 minutes dlstilnt 131.15 .feet; th~nce deflecting
to the l~(t 12 degree~ za IIIlnuteS distant 36,.5 feet; thence deflectIng to lhe left
31 degrees 33 minuteS dtst2nl17G.0 feet to the actual point of begInnIng: th~n<e
deflecting to the rlght'79 degrees 35 mlnut',s a distance ~f ldO.O feet more 0" lesS
to the shore of the Rum.Rlver. saId line to be descrlbert as LIne .'\; thence retllrnlng
Easterly along saId Line A to the p~lnt ef begInning: thence deflecting to the right
100 degrees 24 minutes a dlstance'of 79.2 feet; thence deflecting to the lefl JJ
dl~9"'eos JS minules 20.8 feet; thence deflecting to the rl90t ~3 degreeS 57 minuteS
13Cl.7. feet more or less to the shore of the Rum RIver; the~ce tlorthwesterlY along the
shore of lhe Rum Iilvcr~'8 distance of 140.0 fcet mere or leSS to the inlersectlon with
LIne 1\; thence ttortheasterly along said lIne f\ to the point nf b~lnnlng.
AHD IS- 3),-~ -LfJ.-(JaX;
That part of Government Lot 6, Section 13. To"nshl~ 32. Range 25. Anoka County,
Minnesota, doscrlbed as follolls:
COl11nencif1g at the 1/16 corner in the c:enter of the SEl/4 uf SAid Section 13: thencp.
West 1 rod; thence North on a lIne 1 rod \.:est of and parallel wlth,th.. East lIne of
saId GOV9r"mcnt Lot 6 dIstant 1067.88 fe!t to ~ polntH86.n feet S~uth of the Horth
line or Go~ernment lut 7 of said Section 13: thence deflectIng 'to the left 1\8 rlcgrees
3S minutes and oarallel with thQ North 1I11~ of saId Governml:'nt Lot 7 distant 701.5
fe~t; thenc~ deflecting to the left 82 d~g"'ee~ SO minutes distant 230.41 feet: thence
deFlecting to the right lS.degrees 58 mln~teS dIstant 131.15 feet; thence deflecting
to the lefl 12 degrees 28 11I1nutes distant 365.5 feel; thence deflcctlng to the, left
31 degrees J3 minutes dIstant' 76.0 feet to theactua1..polnt of beginning: thence
deflecting to the right 96 degreeS 00 mlllules 8 distance of 139.6 feet Iftlre Dr less'
tn the shore of the .Rum River. said lIne to be described as LIne fl.: thence returr.lng
E.<;ter1y along said Line A to the point of beginning; thence deflectIng to the right
114 degrees 00 minutes a distance of 100.0 fc!:t; thence deflecting to the right 79
degrees 36 minutes a distance or 1~0.0 feet mere or leSS .to lhe shore of the RUllI
River; thenCe florthwestp.r1y along the shore of the !lam River a distance of 140.0 feet
more or less to the lntersectlun lIt th LIne A: thence'llortheasterly along said l1n(! ^
to lhe point of beginning.
.'
"
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CITY of ANDOVER
VARIANCE REQUEST FORM
Property Address
ICCj -I1v L1 , j, I't. )
Z:/ ~ 7 - -J /J/U..- IV KJ
Legal Description of Property:
(Fill in whichever is appropriate):
Lot ~ Block Addition
plat Parcel PIN A:-q.....:3';;<.-~S--<f.;{-c:>()O~0007
(If metes and bounds, attach the complete legal) ta AaJ
_____________________________________________1:~~~lAd:--~______
Description of Request ~u..Lfi1- varr~n,c..L rh. &{ I~t.-J
ALflaa.~ 1 //Jj'~ ~k;.~ +:?)At'{A~"~-
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Section of Ordinance 6rcl ~~, 5u.tw;'C Current zoning /2,-/';- 5i.LJt/~
_______________________~~~d~L~~~3____________________________~/~Lr-
Name of Applicant Me1.-ry .4nc1"'V""son
Address 5:"1&7 - l<:;"""'~ Av~ NLJ
Home Phon~7D5 Hu,ine" phone ,=?-25'-02;:>C~
Signature ~~~:> Date ~~_
----------- - --------------------------------------------------
Property Owner (Fee Owner)
(If different from above)
Address
Home Phone
Business phone
Signature
Date
-----------------------------------------------------------------
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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, October 22,1996 at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the
Variance request of Mary Anderson to construct an on-site sewage treatment system
within 100 feet of the Ordinary High Water Mark, pursuant to Ordinance Number 52,
Section 5.02(6), The Scenic River Ordinance, on property located at 5167 - 159th Avenue
NW (PIN 13-32-25-42-0006, 13-32-25-42-0007) legally described as the following:
That part of Government Lot 6, Section 13, Township 32, Range 25 described as follows:
r ~,
" )
Commencing at the 1\16 corner in the center of the SE 1\4 of said Section 13;
thence West 1 rod; thence North on a line 1 rod West of and parallel with the East
line of said Government Lot 6 distant 1067.88 feet to a point 1486.32 feet South
of the North line of Government Lot 7 of said Section 13; thence deflecting to the
left 88 degrees 35 minutes and parallel with the North line of said Government
Lot 7 distant 701.5 feet; thence deflecting to the left 82 degrees 58 minutes distant
230.41 feet; thence deflecting to the left 12 degrees 28 minutes distant 365.5 feet;
thence deflecting to the left 31 degrees33 minutes distant 176.0 feet to the actual
point of beginning; thence deflecting to the right 79 degrees 36 minutes a distance
of 140.0 feet more or less to the shore of the Rum River, said line to be described
as Line A; thence returning Easterly along said Line A to the point of beginning;
thence deflecting to the right 100 degrees 24 minutes a distance of79.2 feet;
thence deflecting to the left 33 degrees 35 minutes 20.8 feet; thence deflecting to
the right 93 degrees 57 minutes 130.2 feet more or less to the shore of the Rum
River; thence Northwesterly along the shore of the Rum River a distance of 140.0
feet more or less to the intersection with Line A; thence Northeasterly along said
Line A to the point of beginning.
AND
"
V
That part of Government Lot 6, Section 13, Township 32, Range 25, Anoka
County, Minnesota, described as follows:
Commencing at the 1\16 corner in the center of the SE 1\4 of said Section 13;
thence West 1 rod; thence North on a line 1 rod West of and parallel with the East
-' '\
CITY of ANDOVER
'..J
1685 CROSSTOWN BOULEVARD NW, . ANDOVER. MINNESOTA 55304 · (612) 755-5100
line of said Government Lot 6 distant 1067.88 feet to a point 1486.32 feet South
of the North line of Government Lot 7 of said Section 13; thence deflecting to the
left 88 degrees 35 minutes and parallel with the North line of said Government
Lot 7 distant 701.5 feet; thence deflecting the left 82 degrees 58 minutes distant
230.41 feet; thence deflecting to the right 18 degrees 58 minutes distant 131.15
feet; thence deflecting 31 degrees 33 minutes distant 76.0 feet to the actual point
of beginning; thence deflecting to the right 96 degrees 00 minutes a distance of
139.6 feet more or less to the shore of the Rum River, said line to be described as
Line A; thence returning Easterly along said Line A to the point of beginning;
thence deflecting to the right 84 degrees 00 minutes a distance of 100.00 feet;
thence deflecting to the right 79 degrees 36 minutes a distance of 140.0 feet more
or less to the shore of the Rum River; thence Northwesterly along the shore of the
Rum River a distance of 140.0 feet more or less to the intersection with Line A;
thence Northeasterly along said Line A to the point of beginning.
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.
d~~ rI~
Victoria V olk, City Clerk
Publication dates: October 11, 1996
October 18, 1996
:,~
PIN: 133225310001
, 'OY SCTS/AM VIKING COUNCIL
. ....300 GLENWOOD AVE
GOLDEN VALLEY MN 55422
PIN: 133225340001
BOY SCTS/AM VIKING COUNCIL
5300 GLENWOOD AVE
GOLDEN VALLEY MN 55422
PIN: 133225420001
GALVIN JOHN J & JANET A
5151 159TH AVE NW
ANDOVER MN 55304
PIN: 133225420003
ENGELS GORDON L & LILLIAN A
5183 159TH AVE NW
ANDOVER MN 55304
PIN: 133225420004
COLLISON M E & RHODA E
5191 159TH AVE NW
ANDOVER MN 55304
PIN: 133225420005
BOLES JERRY 0 & KAREN L
5115 159TH AVE NW
ANDOVER MN 55304
PIN: 133225420006
ANDERSON MARY E
5167 159TH AVE NW
ANDOVER MN 55304
PIN: 133225420007
ANDERSON MARY ELLEN
5160 159TH AVE NW
ANDOVER MN 55304
PIN: 133225420008
MOE KILMER R
~159 159TH AVE NW
.NDOVER MN 55304
PIN: 133225420011
CONWAY MICHAEL T & JANET K
5040 159TH AVE NW
ANDOVER MN 55304
PIN: 133225430008
EASTWOOD M & MCCLURKEN M E
15855 JUNIPER RIDGE DR NW
RAMSEY MN 55303
PIN: 133225430009
KENNE DUANE L & L S
15845 JUNIPER RIDGE DR NW
ANOKA MN 55303
"
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
DA TE:~ovember 6, 1996
AGENDA SECTION
ORIGINATING DEPARTMENT
ITEM NO. ~ L.-j ,
Planning Department
David L. Carlberg ~
Community Development Director ~
Non-discussion
Amend Ordinance No. 40
Lot Split Ordinance
The City Council is asked to review and approve the attached amendment to Ordinance No. 40,
the Lot Split Ordinance. The amendment relates to allowing commercial/industrial properties to
be split pursuant to this Ordinance. Previously, only residential lot splits have been allowed.
Planning and Zoning Commission Review
"\ The Planning and Zoning Commission reviewed the amendment on October 22,1996. Attached
I
are the minutes and staff report from their meeting for background information and Council
review. The Planning and Zoning Commission recommends to the City Council approval of the
attached amendrnent.
/
. I
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No. 40G
AN ORDINANCE AMENDING ORDINANCE NO. 40, THE LOT SPLIT
ORDINANCE OF THE CITY OF ANDOVER.
. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 40 is hereby amended as follows:
TITLE
AN ORDINANCE REGULATING THE SPLITIING OF RESIDEl'm:\L LOTS,
PARCELS OR TRACTS OF LAND WITHIN THE CITY OF ANDOVER.
SECTION 1. DEFINITIONS
I
A residential lot split is any division of a lot, parcel, or tract of land into not more
than two (2) parcels when both divided parcels meet or exceed the minimum
requirernents for platted lots in the applicable zoning district.
A. No residential lot, parcel or tract ofland shall be divided unless the resultant
lots have at least the minimum width, depth and square footage as required
for any parcel of land in the zoning district wherein the lot is located.
B. No owner may utilize this method ofland division on any parcel more than
one (1) time in any three (3) year period. A three (3) year waiting period
for a lot split is required on all lots, parcels or tracts from the date they were
created by previous lot splits under this ordinance.
Adopted by the City Council of the City of Andover this _Q1h_ day of
_Novernber_,1996.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey, Mayor
/ Victoria V olk, City Clerk
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 22, 1996
\ Page 5
)
@PUBLIC HEARING: AMEND ORDINANCB NO. 40, LOT SPLIT ORDINANCB
7:48 p.m. Mr. Carlberg explained the request is to consider amending
the Lot Split Ordinance to allow the splitting of lots or parcels of
land zoned for commercial and industrial uses. When the ordinance was
written in 1977, it applied to residential lots only. When a site on
commercial property is to be split, it must go through the entire
platting procedure, which is labor intensive. In an attempt to allow
some flexibility, this amendment is being proposed to allow the
splitting of commercial and industrial properties through this process.
Also, the City is developing the commercial properties; and there are
times when it is necessary to create a parcel based on the business
itself. This would allow that process instead of going through the
platting process which could take months. The only change is in th~
definitions, Section 1.
Commissioner Apel stated as proposed, a three-year waiting period
between lot splits on any parcel would be required for residential but
not commercial property. He asked why commercial property should have
more rights than the residential taxpayers. If the commercial interests
can use the Lot Split Ordinance to get around the Platting Ordinance,
why shouldn't the residents be allowed to do the same?
)'Mr. Carlberg stated the platting process is much longer and deals with
the street layouts and other items. The properties in the commercial
area are along streets where the street layout and improvements are not
affected.
Commissioner Peek agreed with Commissioner Apel on the three-year
waiting period for residential and commercial in Subsection B. The
treatment should be the same for both commercial and residential areas.
The other Commissioners agreed. Chairperson Squires stated that by
losing the ability to steer commercial areas through the platting
process, the City is losing the ability to look at it from a global
perspecti ve and consider frontage roads, adj acent properties,
accessibility, etc.
MOTION by Apel, Seconded by Luedtke, to open the public hearing.
Motion carried on as-Yes, 2-Absent (Putnam, Wells) vote. 8:00 p.m.
There was no public input.
MOTION by Apel, Seconded by Barry, to close the public hearing.
carried on as-Yes, 2-Absent (Putnam, Wells) vote. 8:00 p.m.
MOTION by Peek, Seconded by Luedtke, to forward the Staff pr-=pared
Ordinance amendment to the City Council with the recommendation for
approval with the following change: Item B, strike all bold underlined
additions and the paragraph to read as it currently reads. A public
',hearing was held and there was no comment. Motion carried on as-Yes,
/2-Absent (Putnam, Wells) vote. This will be placed on the November 6
City Council agenda. 8:01 p.m.
Motion
CITY OF ANDOVER
REQUEST F,OR PLANNING COMMISSION ACTION
October 22, 1996
DATE
AGENDA ITEM
8. Public Hearing: Amend
Ordinance No. 40, Lot Split
Ordinance
ORIGINATING DEPARTMENT
Planning
David L. Carlberg
BY: Community Development Directo
APPROVED FOR
AGENDA
BY:~
Request
The Planning and Zoning Commission is asked to hold a public hearing on the
proposed amendment to Ordinance No. 40. Said amendment relates to allowing
the splitting of lots or parcels ofland zoned for commercial and industrial uses as
provided in Ordinance No. 40. Attached is the proposed amendment for
Commission review and discussion.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No. 40G
AN ORDINANCE AMENDING ORDINANCE NO. 40, THE LOT SPLIT
ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 40 is hereby amended as follows:
TITLE
AN ORDINANCE REGULATING THE SPLITIING OF RESIDENTI.\L LOTS,
PARCELS OR TRACTS OF LAND WITIllN THE CITY OF ANDOVER.
SECTION 1. DEFINITIONS
A residential lot split is any division of a lot, parcel, or tract of land into not more
than two (2) parcels when both divided parcels meet or exceed the minimum
requirements for platted lots in the applicable zoning district.
A. No residential lot, parcel or tract of land shall be divided unless the resultant
lots have at least the minimum width, depth and square footage as required
for any parcel of land in the zoning district wherein the lot is located.
B. No owner of a residential lot. parcel or tract of land may utilize this
method ofland division on any parcel more than one (1) time in any three
(3) year period. A three (3) year waiting period for a lot split is required on
all residential lots, parcels or tracts from the date they were created by
previous lot splits under this ordinance.
Adopted by the City Council of the City of Andover this _Q1h_ day of
_Novernber_,1996.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey, Mayor
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 40
AN ORDINANCE REGULATING THE SPLITTING OF RESIDENTIAL LOTS, PARCELS
OR TRACTS OF LAND WITHIN THE CITY OF ANDOVER. (40A, 10-04-77)
The City Council of the City of Andover hereby ordains:
SECTION 1. DEFINITIONS
A residential lot split is any division of a lot, parcel, or tract
of land into not more than two (2) parcels when both divided
parcels meet ,or exceed the minimum requirements for platted lots
in the applicable zoning district. (40A, 10-04-77; 40B, 8-23-79)
A. No residential lot, parcel or tract of land shall be
~ded unless the resultant lots have at least the
minimum width, depth and square footage as required for
any parcel of land in the zoning district wherein the lot
is located. (40A,10-04-77)
/
B. No owner may utilize this method of land division on any
parcel more than one (1) time in any three (3) year
period. A three (3) year waiting period for a lot split
is required on all lots, parcels or tracts from the date
they were created by previous lot splits under this
ordinance.
SECTION II. APPLICATION
1) The scale and north direction.
2) Dimensions of the property.
3) Names and locations of adjacent streets.
4) Location of existing buildings on and within 100 feet of
subject property.
5) Such other information as may be required to fully
represent the intent of the lot split.
6) current zoning and legal description.
7) The applicant must provide sufficient proof that the lot
has not been split within the last three (3) years.
8) provide a list of the property owners within 350' of the
lot split.
SECTION III. REVIEW AND RECOMMENDATIONS
\
A. The proposed lot split shall first be presented to the
Planning and zoning Commission for its review and
recommendation. Such recommendations shall consider land
uses, traffic control, zoning regulations, future
developments, and conformance with the Comprehensive
Development Plan, and any other criteria deemed pertinent
by the Planning and zoning Commission.
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B. Upon receipt of an application for a lot split, the Clerk
shall notify by mail, all property owners within 350 feet
of the property of the date of the review of such lot
split.
C. The division of a lot may be recommended for approval
provided that such split is in conformance with the City's
Comprehensive plan, does not interfere with orderly
planning, is not contrary to the public interest and does
not nullify the intent of this ordinance.
D. Following review and recommendation by the Planning and
zoning Commission, the request for a lot split shall be
placed on the agenda of the City Council in the following
manner:
1. Recommendations from the Planning and zoning
. Commission meeting held on the second Tuesday shall
'be placed on the agenda of the City Council at their
first Tuesday meeting of the following month.
2. Recommendations from the Planning and zoning
Commission meeting held on the fourth Tuesday shall
be placed on the agenda of the City Council at their
third Tuesday meeting of the following month, unless
there are five Tuesdays in the given month from which
the recommendation of the Planning and zoning
Commission is made, in which case the recommendation
shall be placed on the agenda of the City Council at
their first Tuesday meeting of the following month.
Within 60 days following receipt of the proposed lot split
from the Planning and zoning Commission, the Council shall
approve or disapprove by resolution. If approved, a
certified copy of the resolution approving the lot split
shall be forwarded to the petitioner. The lot split,
together with a certified copy of the resolution, shall
thereafter be filed with the Recorders Office of Anoka
County. (40E, 8-16-88)
E. Sunset Clause. If the City Council determines that the
conditions of approval are not met within twelve (12)
months, the lot split will be null and void. (40F, 4-17-
90)
SECTION IV. APPEAL PROVISIONS.
/
The City Council shall have the power to vary or modify the
application of any provisions in this ordinance upon its
determination in its absolute legislative discretion that such
variance or modification is consistent with the letter and intent
of the Comprehensive plan or proposed amendment upon which this
ordinance is based, and with the health, safety, and general
welfare of the City of Andover. upon receiving any application
for such variance or modification, (such application shall include
the information contained in Section II of this ordinance) the
City Clerk shall refer such application to the Planning and zoning
Commission with respect to the effect of the variance or
modification upon said Community Development plan or proposed
page 2
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amendment. Such report shall be returned by the Planning and
zoning Commission to the City Council within 60 days for City
Council action.
SECTION V. FEES.
A. There shall be a single charge as set by Council
resolution plus consultant's fees, if any, for a lot split
application. (40B, 8-23-79; 400, 2-18-86)
B. Where parkland was dedicated or a park fee paid at the
time the original parcel was created, there shall be no
park fee assessed or land dedicated at the time of the lot
split application. If no park fees have been assessed nor
land dedicated as above, the fee as set by Council
resolution for each lot created under this ordinance, may
be assessed for park fees. (40B, 8-23-79; 400, 2-18-86)
SECTION VI. COKPLIANCE.
A. The effect of said Ordinance shall not work to preclude
compliance with utilities hook-up, payment of levied and
pending assessments, and performance of any other
requirements of Ordinances of the City of Andover.
B. The owner, or agent of owner, of any parcel shall not
divide any lot or parcel for the purpose of sale,
transfer, or lease with the intent of evading the
provisions of this Ordinance.
C. The owner, or agent of owner, of any parcel shall not sell
or otherwise convey said parcel with the intent of evading
the provisions of this Ordinance or circumventing attempts
to plat acreage or otherwise subdivide tracts of land
within the City of Andover.
SECTION VII. PENALTIES.
Any person, firm or corporation 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.
The lot splitting not in accordance with the requirements of this
ordinance may be enforced by mandamus, injunction, or any other
appropriate remedy in any court of competent jurisdiction.
SECTION VIII. AFFECTED AREAS:SUPERCEOES
This ordinance shall apply to and govern the entire City of
Andover during the period for which it is in effect. This
ordinance during its effective period shall replace and supercede
provisions in all other ordinances and regulations applicable to
the City of Andover which are in conflict or inconsistent with the
~ provisions herein. all ordinances and provisions therein which
are not in conflict ~ith the terms and conditions of this
ordinance shall continue in full force and effect.
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Page 3
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A. Variance provisions and requirements thereto under Section
17 of Ordinance No. 10 of the city of Andover do not apply
to this ordinance.
SECTION IX. VALIDITY AND EFFECT
The validity of any word, sentence, section, clause, paragraph,
part or provision of this ordinance shall not affect the validity
of any other part. This ordinance shall be in effect until
amended, revised or superceded by the City of Andover.
Adopted by the Andover City Council this 16th day of August, 1977.
CITY OF ANDOVER
GERALD WINDSCHITL
MAYOR
ATTEST:
PATRICIA LINDQUIST
CITY CLERK
40A, 10-04-77
40B, 8-23-79
40C, 5-29-85
400, 2-18-86
40E, 8-16-88
40F, 4-17-90
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page 4
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STAlE 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, October
22, 1996 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover,
Minnesota to review and discuss an amendment to Ordinance No. 40, the Lot Split
Ordinance. Said amendment will allow property zoned for commercial or .'
industrial uses to be split per Ordinance No. 40. '
/
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.
,~U
Victoria V olk, City Clerk
Publication dates: October 11, 1996 and October 18, 1996
,
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 6, 1996
ITEM
r.o Amendment
Shoreland Ordinance (No. 108)
?-~.
ORIGINATING DEPARTMENT
Planning --:J~
APPROVED
FOR AGENDA
AGENDA SECTION
r.o Non-discussion !tern
BY:
John Hinzman
Request
The City Council is asked to review and approve the amendment to Ordinance No. 108,
the Shoreland Ordinance. The Planning and Zoning Commission has reviewed the
proposed changes. Please consult the attached staff report dated October 22, 1996 and
the minutes from the Planning and Zoning Commission meeting for further information.
,
;' Recommendation
The Planning and Zoning Commission recommends approval of the ordinance
amendment.
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MOTION BY:
SECOND BY:
Regular Andover Planning and zoning commission Meeting
Minutes - October 22, 1996
Page 6
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@AMEND ORDINANCE NO. 108, SHORELAND ORDINANCE
Mr. Hinzman explained the Minnesota Department of Natural Resources has
requested some changes to the City's Shoreland Ordinance in order to
fully comply with State statutes. Those changes have been incorporated
in the proposed Ordinance No. 108A.
MOTION by Peek, Seconded by Barry, to forward the Staff Prepared
amendment to Ordinance No. 108 to the City Council with the
recommendation for approval. Motion carried on a 5 - Yes, 2 -Absent
(Putnam, Wells) vote. This will be on the November 6 City Council
agenda.
DISCUSSION - EXTERNALITIES UPDATE
reviewed the Mission Statement for the City of Andover with
noting the status of the various goals and objectives.
OTHER
Ranking of C2 taxes - Commissioner Apel provided copies of the ranking
,/ of taxation by e metropolitan cities that was in a recent Star Tribune
edi tion. He is very comfortable with the way the City has been
operating financia as the City compares very favorably with the
other cities. Only 0 other city and three townships in Anoka County
were lower. Commission Peek stated Andover is listed as one of the
lowest on rental housing. Mr. Carlberg noted that is one of the key
issues in the Livable Commun ies Act. Andover has only a couple areas
with rental housing. He fel one reason for that is the lack of a
public transportation system.
MOTION by Peek, Seconded by Luedtke, to~adjourn. Motion carried on a
5-Yes, 2-Absent (Putnam, Wells) vote. ~
"-
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The meeting adjourned at 8:15 p.m. '"
',,-
Respectfully submitted,
\\\0-1'J-& ~~,-~1~
~a~lla A. Peach
Recording Secretary
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CITY OF ANDOVER
REQUEST F,OR PLANNING COMMISSION ACTION
\._-
AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR
9. Amendment to Ord. 108 Planning AGENDA
Shoreland Ordinance
John Hinzman BY:
BY:
Request
The Planning and Zoning Commission is asked to review the proposed amendment to
Ordinance No. 108, Shoreland Ordinance. The proposed changes are requested by The
Minnesota Department of Natural Resources (DNR) in order to fully comply with State
statutes. Attached is the proposed amendments along with a copy of the DNR's letter
regarding the changes.
,
DATE October 22,1996
/
l
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No. 108A
AN ORDINANCE AMENDING ORDINANCE NO. 108, THE SHORELAND
ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 108 is hereby amended as follows:
Section 2.7225 is amended as follows:
2.7225 Feedlot. "Feedlot" means an area where fifteen (15) or more non-
domestic animals are confined.
Section 4.12 is amended as follows:
4.12 Lakes
A. Natural Environment Lakes
1. Unnamed T32N. R 24W. Sect. 14. 15.22.23
B. Recreational Development Lakes
1. Unnamed T32N, R 24W, Sect. 36
2. Ward Lake T32N, R 24W, Sect. 1. 2.12
3. Unnamed T32N, R24W, Sect. 4
4. Unnamed T32N, R 24W, Sect. 7
5. (Lake Leeman) Unnamed T32N, R 24W, Sect. 12
6. Bunker Lake T32N, R 24W, Sect. 35.36
C. General Development Lakes
1. Crooked Lake T32N, R24W, Sect. 33
2. Round Lake T32N, R24W, Sect. 20. 29
Section 4.13 is amended as follows:
Protected Waters
Inventory J.D. #
DNR In #2-704W
DNR ID #2-74W
DNR ID #2-85P
DNR ID #2-86W
DNR ID #2-87W
DNR ID #2-88W
DNR ID #2-90P
DNR ID #2-84P
DNR ID #8-89P
4.13 Rivers and Streams, See Ordinance Number 52. Scenic River
Ordinance
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Page Two
Amendment
Shoreland Ord. (No. 108)
October 22, 1996
A: Remote Rivers
Nene
B-: Forestea RiYers
Nene
G:- TraflsitioR Rivers
Nene
1* ,^.f;ricaltural Rivers
Nene
.g,. Urban Rivers
Nene
F., Tribatllfj' Streams
Nene
* ,^JI protected watercearses iR the City of :\fl:aever snovt'fl eR t-he Protected
Waters hwemory Map fer .^Jloka eoaflty, a eepy of;vnich is hereby adopted by
ref-erenee, E:ot f;ivea a elassifieatioR iR Items .\ E above shall Be eORsidered
"Tribatllfj''' .
Section 5.22 is amended as follows:
B. Water-oriented Accessory Structures. Each lot may have one water-
oriented accessory structure not meeting the normal structure setback in
Section 5.21 of this ordinance if the water-oriented accessory structure
complies with the following provisions:
(1) the structure offacility must not exceed ten feet in height, exclusive of
safety rails, and cannot occupy an area greater than 250 square feet.
Detached decks must not exceed eight feet above grade at any point;
Page Three
Amendment
Shore1and Ord. (No. 108)
October 22,1996
(2) the setback ofthe structure or facility form the ordinary high water
level must be at least ten feet;
(3) the structure or facility must be treated to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation, topography,
increased setbacks or color, assuming summer, leaf-on conditions;
(4) the roof may be used as a deck with safety rails, but must not be
enclosed or used as a storage area;
(5) the structure or facility must not be designed or used for human
habitation and must not contain water supply of sewage treatment
facilities; and
/
(6) as an alternative for general development and recreational development
waterbodies, water-oriented accessory structures used solely for watercraft
storage, and including storage of related boating and water-oriented
sporting equipment, may occupy an area up to 400 square feet provided
the maximum width of the structure is 20 feet as measured parallel to the
configuration of the shoreline.
(7) Decks shall not be considered as an accessory structure when
attached to the primary structure.
Section 5.62 is amended as follows:
5,62 Agricultural Use Standards.
A.
General cultivation, farming, grazing, nurseries, horticulture, truck
farming, sod farming, and wild crop harvesting are permitted uses if steep
slopes or shore impact zones are maintained in permanent vegetation or
operated under an approved conservation plan (Resource Management
Systems) consistent with the filed office technical guides of the local soil
and water conservation districts or the United States Soil Conservation
Service, as provided by a qualified individual or agency. Best
Management Practices (JJMP's) shall be implemented for the use of
fertilizers. pesticides. and erosion control. The shore impact zone for
parcels with permitted agricultural land uses I equal to line parallel to and
50 feet from the ordinary high water level.
/
/
Page Four
Amendment
Shoreland Ord. (No. 108)
October 22, 1996
B. Animal feedlot must meet the following standards in accordance with
PCA rules 7020.0100 - 7020.1900:
(1) new feedlots must not be located in the shore1and of watercourses
or in bluff impact zones and must meet a minimum setback of300
feet from the ordinary high water level of all public water basins;
and
(2) modifications or expansions to existing feedlots that are located
within 300 feet of the ordinary high water level or within a bluff
impact zone are allowed if they do not further encroach into the
existing ordinary high water level setback or encroach on bluff
impact zones.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Andover hereby approves said amendments to Ordinance No.1 08.
Adopted by the City Council of the City of Andover this Qih day of November.
1996.
CITY OF ANDOVER
J.R. McKelvey, Mayor
ATTEST:
Victoria V olk, City Clerk
"
Minnesota Deoartment of Natural Resources
Metro Waters, I~OO Warner Road, St. Paul, MN 55106-6793
Telephone: (612) 772-7910 Fax: (612) 772-7977
Mr. David L. Carlberg, Planning Director
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
RECEIVED
JUL 301996
CITY OF ANDOVER
RE: City of Andover Shoreland Ordinance Amendment
Dear Mr. Carlberg:
As discussed in your phone conversation of July 23, 1996 with Jim Hafuer, the items listed below are required to
update the City of Andover Shoreland Ordinance and bring it into full compliance.
I. Section 4.1, add the section numbers to the legal description of the classified water basins (see enclosure
for your convenience),
2. Section 2.7, Definitions, add a definition for Feedlots,
/
3.
Section 5,62, Agricultural Use Standards, add wording for use of BMP's for fertilizer, pesticides, erosion
control and add reference to PCA Rules 7020.0100 -7020.1900 for feedlot compliance and permits (as
listed in the State Shoreland Model Ordinance 6120.3300 Subp, 7).
4, Section 5.22, clarification that the City considers decks as part of the "structure."
AdditionaIly, my letter to you on July 3, 1995 mentioned two other items that should be included in the ordinance.
L Section 4.12, A. Natural Environment Lakes, include: Unnamed T32N-R24W, Sections 14, 15,22,23,
DNRID #2-704W.
'2. Section 4.13 Rivers and Streams: Rum River (see Andover Scenic River Ordinance). Also, delete items
A through F as currently listed.
Thank you for your cooperation in this matter.
If you have further questions, please call Intern Jim Hafuer or me at 772-7910.
Sincerely,
~~
Area Hydrologist
"
TH/JH/cds
Enclosure
DNR Infonnation: 612-296,6157. 1,800-766,6000 . TTY: 612-296,5484, 1,800,657,3929
An Equal Opportunity Employer
\'I.'ho Values Diversity
ft Printed on Recycled Paper Containing a
t.., ~linimum of ]{)S( Post-Consumer Wa<,\e
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 6, 1996
AGENDA SECTION
r.o Non-Discussion Item
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
ITEM
r.o Variance 96-10
Front Yard Setback
16087 North Enchanted Drive NW
Gary and Linda Nelson
~fo.
Planning ~vJ~
BY:
John Hinzman
Request
The City Council is asked to review and approve the variance request of Gary and Linda
Nelson to vary 2.8 feet from the 40 foot minimum front yard setback, in order to
construct an addition onto an existing home on property located at 16087 North
Enchanted Drive NW.
\,
/
Planning Commission Review Waived
Ordinance 8, Section 5.04(f) allows the City Council to waive Planning Commission
review and take immediate action on emergency variance requests if time constraints
present severe hardship to the applicant. The proposed addition would not encroach
further into the front yard setback, and review of the application through typical channels
would delay the item until December 3rd City Council meeting, postponing construction
of the addition until Spring of 1997. Please consult the attached staff report for more
information.
,
/
MOTION BY:
SECOND BY:
'.
"
Page Two
Variance - Gary & Linda Nelson
16087 North Enchanted Dr NW
November 6,1996
Request
The City Council is asked to review the variance request of Gary and Linda Nelson to
vary 2.8 feet from the 40 foot minimum front yard setback on an existing home located at
16087 North Enchanted Drive NW (PIN 17-32-24-32-0034). A legal description follows
as attachment A-2.
The property is zoned for R-1, Single Family Rural.
Applicable Ordinances
Ordinance No.8, Section 6.02, establishes a minimum front yard setback of 40 feet in a
R-1 zoning district.
"
Ordinance No.8, Section 5.04, establishes the variance procedure and process. Practical
difficulties or unnecessary hardships pertaining to the land, exclusive of the property
owner, must be present in granting a variance.
/
Ordinance No.8, Section 5.04(f), allows the City Council to waive Planning Commission
review and take immediate action on emergency variance requests if time constraints
present severe hardship to the applicant.
Background
It was discovered that the home was placed in violation of the front yard setback when
the applicant applied for a building permit to construct an addition off of the rear of the
home. Although the proposed expansion would not encroach any further into the front
yard setback, any alteration of the structure would be prohibited without a variance.
Determination
The proposed expansion would not encroach further into the front yard setback. The
applicant did not own the property at the time the home was constructed, and had no prior
knowledge that the home was not constructed at the required setback. These
circumstances present a unique situation, not created by the property owner and a basis
for granting a variance.
/
Page Three
Variance - Gary & Linda Nelson
16087 North Enchanted Dr NW
November 6,1996
City Council Options
1. The City Council may approve the variance request of Gary and Linda Nelson on
property located at 16087 North Enchanted Drive NW, legally described on attachment
A-2. The Council finds the request meets the requirements for granting a variance
stipulated in Ordinance No.8, Section 5.04.
2. The City Council may deny the variance request of Gary and Linda Nelson on
property located at 16087 North Enchanted Drive NW, legally described on attachment
A-2. The Council finds the request does not meet the requirements for granting a variance
stipulated in Ordinance No.8, Section 5.04. In denying the request, the Council shall
state those reasons for doing so.
3. The City Council may table the item pending review by the Planning and Zoning
Commission or further information from Staff.
" /
Staff Recommendation
Staff recommends approval of the variance requested with the following condition:
1. That the applicant obtain a building permit prior to construction of the addition.
Attachments
A-I Resolution
A-2 Legal Description
A-3 Area Location Map
A-4 Site Location Map
A-5 Proposed Home Addition Plans
A-6 Copy of Variance Application
A-7 Notice of Public Hearing
~ I
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R -96
A RESOLUTION GRANTING THE VARIANCE REQUEST OF GARY AND LINDA
NELSON TO DEVIATE 2.8 FEET FROM THE MINIMUM FRONT YARD
SETBACK OF 40 FEET PURSUANT TO ORDINANCE NO.8, SECTION 6.02.
WHEREAS, Gary and Linda Nelson have requested a variance to deviate 2.8 feet
from the minimum front yard setback of 40 feet pursuant to Ordinance No.8,
Section 6.02, located at 16087 North Enchanted Drive NW, Property
Identification Number 17-32-24-32-0034, legally described as follows:
.I
Unplatted Grow Township, that part of the Northwest 1/4 of the Southwest 1/4 of
Section 17, Township 32, Range 24 in Anoka County, Minnesota, described as
follows, Beginning at a point on the North line of said Northwest 1/4 of
Southwest 1/4 said point being a distance of 234.41 feet East of the Northwest
corner of said Northwest 1/4 of Southwest 1/4, thence easterly on said North line
a distance of 620.51 feet to a point which is 106 2/3 roads West of the East line
of the Southwest 1/4 of said Section 17, thence southerly on a line 106 2/3 rods
West of and parallel with the East line of the Southwest 1/4 of said Section 17 to a
point which is 215 feet South of the North line of said Northwest 1/4 of
Southwest 1/4 as measured parallel with its West line, thence westerly and
parallel with the North line of said Northwest 1/4 of Southwest 1/4 to a point
which is 497.78 feet East of the West line of said Northwest 1/4 of Southwest 1/4
as measured parallel with North line thereof, thence North an parallel with the
West line of said Northwest 1/4 of Southwest 1/4 a distance of90 feet, thence
North 89 degrees, 07 minutes, 32 seconds West on a line parallel to the North line
of said Northwest 1/4 of Southwest 1/4 a distance of213.22 feet, thence South 82
degrees, 22 minutes, 28 seconds West a distance of33 feet, thence northerly at
right angles a distance of 129.04 feet to the point of beginning (subject to an
easement for road purposes over the westerly 33 feet thereof).
WHEREAS, the City Council has reviewed the request and has determined that said
request meets the criteria for granting a variance stipulated in Ordinance No.8, Sections
5.04 and 6.02.
WHEREAS, the City Council finds the request would not have a detrimental effect upon
the health, safety, morals and general welfare of the City of Andover; and
i Page Two
Variance - Gary and Linda Nelson
16087 North Enchanted Dr. NW
November 6,1996
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby approves the variance on said property with the following condition:
1. That the applicant obtain a building permit for construction of the on-site septic
system.
Adopted by the City Council of the City of Andover on this 6th day of November,
1996.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey, Mayor
Victoria V olk, City Clerk
,
,
Attachment A-2
16087 North Enchanted Dr. NW
Legal Description
, ;
Unplatted Grow Township, that part of the Northwest 1/4 of the Southwest 1/4 of
Section 17, Township 32, Range 24 in Anoka County, Minnesota, described as
follows, Beginning at a point on the North line of said Northwest 1/4 of
Southwest 1/4 said point being a distance of234.41 feet East of the Northwest
corner of said Northwest 1/4 of Southwest 1/4, thence easterly on said North line
a distance of 620.51 feet to a point which is 1062/3 roads West of the East line
of the Southwest 1/4 of said Section 17, thence southerly on a line 1062/3 rods
West of and parallel with the East line of the Southwest 1/4 of said Section 17 to a
point which is 215 feet South of the North line of said Northwest 1/4 of
Southwest 1/4 as measured parallel with its West line, thence westerly and
parallel with the North line of said Northwest 1/4 of Southwest 1/4 to a point
which is 497.78 feet East of the West line of said Northwest 1/4 of Southwest 1/4
as measured parallel with North line thereof, thence North an parallel with the
West line of said Northwest 1/4 of Southwest 1/4 a distance of 90 feet, thence
North 89 degrees, 07 minutes, 32 seconds West on a line parallel to the North line
of said Northwest 1/4 of Southwest 1/4 a distance of213.22 feet, thence South 82
degrees, 22 minutes, 28 seconds West a distance of33 feet, thence northerly at
right angles a distance of 129.04 feet to the point of beginning (subject to an
easement for road purposes over the westerly 33 feet thereof).
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Cf\
CITY of ANDOVER
VARIANCE REQUEST FORM
Property Address 1(,09>7 AJorfh El1Chollte.d Oriue. NW
Legal Description of property:
(Fill in whichever is appropriate):
Lot
Block
Addition
plat parcel PIN /7- 3~-~4- ~ -3'-1
(If metes and bounds, attach the complete egal)
-----------------------------------------------------------------
Description of Request ppClC1es+ Ci. VQrt'(iI(\{p 0+ ;),3 '.(I"{J((/ -fhe
L{()\ {(Of/I- yordS(7.-!bqd< +or-th2 eXi5f/fl!j hod'!.? rfl O(c!eY' +0
~Ofl:;t/uc+ C1 /'5'XIt5' Cldcl/-I-/o/1 -{10m -{he rEar 0+ fhe ~oJ1/lP
Specific Hardship Tile.. pla(elV1r?ll+ O.{-fhe..hUrVlP_ 1/1 ut'o/ulro/7 of.
j The +10(1-/ yOicL <J?./-hact h't -fh:?-P(P(/i(;uS PrcJ/fy(>-ol.J/JP/C:; ,JJit?5crr/S
t1 U,(}/~fjP c/rruff7C,-iaI?(p nrJ+ cieccled /;7 1he f) ioIP4 OI.-V/]P/ S
Section of Ordinance (0,0). Current zoning R- /
-----------------------------------------------------------------
Name of Applicant GUI': t L/f1('}c-t, Ak.l5Dn
Address 10'37 NOd-h Enchcrflled Dr/i/e AJtV A()rJA.l?/, f1.<; S S,1:?'I
Home Phone 4;)7 - f104 Bus i ne s s phone 7 <{?- - 3/ F',b
~~~::~~::_--~-------_::~:_---_::~~~~~~~---
Property Owner ( ee Owner)
(If different from above)
Address
Home phone
Business phone
Signature
Date
-----------------------------------------------------------------
'--/
CITY OF ANDOVER
/
REQUEST FOR COUNCIL ACTION
DATE: November 6, 1996
AGENDA SECTION
NO. Non-Discussion / Consent Agenda
ORIGINATING DEPARTMENT APPROVED
FOR
Frank Stone - Public Works AGENDA
ITEM
NO. Hiring of Public Works Personnel
Superintendent
BY:
~1.
We request the Mayor and Council approve the hiring of two personnel: one
for our Parks Maintenance Department and one for our Streets Maintenance
Department. These are not new positions, they are replacements for personnel
that have left. One employee left for medical reasons and the other employee
has taken a position elsewhere.
j
The following is a summary of the Public Works Division hiring procedures
whereby we arrived at our proposed selections.
City of Andover
Public Works Division Interviewing Procedure
,
)
1. All personnel openings in the Public Works Division must be advertised
internally for (7) seven days. This allows any Union employees in other
departments the opportunity to transfer, ifthey so desire and ifthey have the
qualifications to do so.
2. If no interest is shown within the Public Works Divisions, the position is
advertised in the City of Andover's official paper, The Union. This ad ran
for two weeks in the ABC Newspapers and approximately 125 applicants
responded.
3. Since one person was needed in each Department, all applications were
reviewed by the Streets Maintenance Department Supervisor - Mr. Ray
Sowada; the Parks Maintenance Department Supervisor - Mr. Kevin Starr;
the Personnel Director - Mrs. Jean McGann and me, Frank Stone- Public
Works Superintendent.
, /
./
4. After the application review, five applicants were selected for interviewing
for the Parks Department and six applicants were selected for interviewing
for Street Department. The Interviewing Committee consisted of the
Personnel Director, the Departmental Supervisor and me. Interviews were
conducted on Monday, October 14, 1996 at City Hall beginning at 9:00 AM
and commencing around 3:30 PM.
5. After the interviews, the Committee had a round-table discussion in which
we narrowed our choices down to two people per Department.
6. The Personnel Director ran a background check on the four semi-finalists in
which all references were contacted.
7. Each semi-finalist completed a Specialized Knowledge Assessment Test,
administered and reviewed by the Supervisors.
8. The committee then met to review the results of the Assessments Test,
reference checks, driving records and background checks.
9. The finalists underwent a Drug Pre-Employment Screening Test. This is a
requirement for CDL Approval.
10.After this review, the Committee arrived at the selections we are presenting
for your approval tonight.
This was one of the longest and most thorough hiring processes ever completed
by the Andover Public Works Division. There were many qualified applicants,
but with the guidance of our Personnel Director, we feel we made two very
good choices that will definitely benefit the City for many years to come.
The final hiring recommendations are:
Streets Maintenance DeDartment:
~
Dennis Madden Andover, Minnesota
Parks Maintenance DeDartment:
-
Terence Seeger Blaine, Minnesota
If you have any questions or comments concerning this matter, please feel free
to call me prior to the November 6 meeting.
J
MOTION BY:
SECOND BY:
AGENDA
r.o
ITEM
r.o
~CZ).
, J
MOTION BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
October 30, 1996
SEcnON
ORIGINATING DEPARTMENT
Fire Department
D.\~.
Dan Winkel,
Fire Chief
APPROVED
FOR AGENDA
Non-Discussion Item
Extended Warranty for New
Fire Department Vehicle
BY:
Enclosed is information regarding an extended warranty for the newly-ordered fire
department vehicle. Please note that the standard new vehicle limited warranty is for
36 months or 36,000 miles, whichever occurs first.
As listed in the extended General Motors Protection Plan, the coverage would go to
6 years or 50,000 miles, Also note that two of the three available options include a
deductible fee that would be payable for each occurrence,
Staff has reviewed the costs for this program and recommends that the General Motors
Protection Plan not be extended beyond the new vehicle warranty period.
Encl: 1
SECOND BY:
OCT-03-1996 08:49
POLAR CHEV GEO MAZDA
612 426 9267 P.03/04
OLAR
~Ge. mazaa
1801 COUNTY RD. F EAST (at Highway 61 & Cty. Rd. F)' WHITE BEAR LAKE, MN 55110
October 3, 1996
City of J\n3over Fire Dept.
lIndover, Minnesota 55304
Attn: Dan Winkle, Fire O'l.ief
Dear DID:
Thank you for the Department's prrchase of a new 1997 Chevrolet Blazer.
We were unable to catch the "incoming" Blazer in time to change it to meet your
needs. 'lberefore, a fresh order has been placed with Chevrolet and we would
expect the truck 1n December.
, /
As requested, we have priced the General Motors Protectioo. plan (as a GM
plan, it maybe used at any authorized Chevrolet dea1ership Natioo wide) .'!be
city'a prices fo)'; 6 year (frail date of original delivery) or 50,000 miles total
odometer reading with several deductible arounts are listed as follows:
...
$1,435.00
1,310.00
1,225.00
GMPP ~jor Guard @ $ 0.00 deductible
GMPP M:\jOJ; Guard @ $100.00 dedootible
GMPP M:\jor Guard @ $200.00 deductible
..
~
YOU will fird a brief description enclosed with this quotation. Please let
me know as socn as you are able if the city COlIDcil a~oves this puchase.
If you have additiooal. questicns, please call.
, .I
ENCI.OSURE
PHONE: (612) 429.7791
"Equal Opportunity Employer"
FAX: 426-9267
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
-'
DATE: November 6. 1996
?-q.
ITEM NO.
Accept Easement/Lot 26, Block 1,
The Meadows of Round Lake
ORIGINATING DEPARTMENT
Scott Erickson,~ l
Engineering
AGENDA SECTION
Non-Discussion/Consent Item
The City Council is requested to accept the drainage and utility easement for Lot 26, Block 1,
The Meadows of Round Lake,
j
, /
10/18/96
10:10 FAX 16124275451
CHICAGO TITLE-CR
l4J 003
HY-LAND SURVEYING
561}.1984
INVOICE NO. 6950
F. B. NO. 160176
SCALE." " 30'
o 0.001" ItOfl Monument
a Donot.. Wood HI.C 58'
For EacovaliOfl Only
.000.0 Otnol.. ExistIng E18Yll110ll
o ~attl Propolled Elnolion
~ o.notu Sorflle. Orolnclge
LAND SURVEYO~
; t.O Proposed Top 01 Block
El er. 5' Proposed Garo\l8 Floor,
e14.o . Propos8d La....1 Floor
Typ4 01 Buildin4 -
~ \ \ r.,a..<:.e V>'\e ",-\-
W...\~-\-
7845 Brooldyn BI...!. Brooklyn r.rk, MIMesole 55445
hUfRO" <<~
~CHOICE HOMES
NOTE: Property located in part of Section .
Township . Range ____. ----
DRAtNAGl!l AND UTILITY EASEMENT
~ aaa_aut for drOlinage and utility pu~ollall over, under and
aor~.lI the following deacribed property:
'I'hat part of Lot. 26, Block 1, TltB MEADOWS OJ' 1l.o1JN1l LAP:E, which lia.
a..terly of a lina drawn from tna mo.~ we.tarly oorue~ of said Lot
26, Block 1 to the moat we.t.arly corner of .aid Lot 25, Block 1.
I
Which Ii.. lIouthwa.terly of a line beginning at . point. on the
northwe.terly line of .aid Lot. 26 di"tant 114.00 f.et lIouthweaterly
of th.. moat northerly cornar of aaid Lot 26, aIJd exe_ding
aoutht..terly to a point on ehs south.aatarly lina of said Lot 26
diataut 13~.OO fase aouthwe.tsrly of the ~ost. sasterly corner of
said Lot ~6 and .aid csnturlina thare terminating.
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Thet part of, Lot 26,Bloek I, TilE MEADOWS OF ROUND lAKE, which lies eS5terly of 8 line
drawn from th~ most westerly corner of seid lot 26, Block 1 to the most westerly corner
of lot 25, Block 1,
. /
The only easements .hov.n Br. Irom plats of record or lnronnallon provided by
cllon!.
I horoby .to t Ify thot th'. lurvey vU preporod by ... 0. .......
~ dIrect .upsrvlllon, and thot I WI . duly I'Blltered land
Survryor ~r th. laws Dt thw S,... of MlnnesGt..
~byutlN' 1ST ..01
(2.~y, ?e
.1UL Y 19 96
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10/18/96
10:09 FAX 16124275451
CHICAGO TITLE-CR
I4i 002
Form No. 31.M -QUIT CLAIM DEED
Corporation or PertnorshiO
10 Corpomion or Perlnershlp
MInD_to UnltOnD CODwyancillc BIanko (1978)
Miner-Clivi, Co.. M1nno.polb
, j
No delinquent taJce~ and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate Value No.
,19
County Auditor
by
STATE DEED TAX DUE HEREON: $
Deputy
1. 65
Date:
October
18
,19~
(reserved for recording data)
FOR VALUABLE CONSIDERA1'lON,
NEDEGAARD CONSTRUCTION COMPANY. INC.
the State of ~esota
,a eorpora~ion
, Grantor, hereby conveys and quitclaims to
CrTY OF ANDOVER
under the laws of the State of HiDnesota
County, Minnesota., described as follows:
under the laws of
a mu~cipal corporation
Anob
, Grantee,
, real property in
A perpetual easement for drainage and utility purposes over. under and across the
following described property:
/
That part of Lot 26, Block 1. THE MEADOWS OF ROUND LAKE. which lies easterly
of a line drawn from the most westerly corner of said Lot 26. Block 1. to the
most westerly corner of Lot 25. Block 1. THE MEADOWS OF ROUND LAKE.
Which lies southwesterly of a line beginning at a point on the northwesterly
line of said Lot 26 distant 114.00 feet southwesterly of the most northerly
corner of said Lot 26 and extending southeasterly to a point on the south-
easterly lin~ of said Lot 26 distant 132.00 feet southwesterly of the most
easterly corner of said Lot 26 and said centerline there terminating.
IIf more sp_ Is needlld. COl'llil'lUO on backl
together with all hereditaments and appurtenances belonging thereto.
Affix Deed Tax Stamp Here
NEDEGAARD CONSTRUCTION COHl!ANY. me.
By I~lI't\\~~
By
Its
STATE OF MINNESOTA
COUNTY OF ANOKA
} ~.
18th
and
and
day of
October
.19~,
j The foregoing was acknowledged before me this
by
the
of Nedegaard Construction Company, Inc.
under the laws of the State of Minnesota
NOTARIAL~TAMP OR sli:AL(ciilOTHER-iiTii-oR. RANK) I
f t t t , J y~ fl
t ~ ____._~~~~!iA~~_n_'
OWLlI:DGMENT
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I~m NOTARXN~~~A'i
~ My CcImJnIAlon Explra JIn. 51, 2000
,
, I THIS INSTRUMENT WJ.:ijOWTED IIV (N AME AND ADDRESS),
/
RANDALL, DEHN & GOODRICH
2140 fourth Avenue North
Anoka, Minnesota 55303
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~ OWoWlm.lIW1 I:IgI' liD.. 1'.... pnJjMl"'Q" Q4!l~g~ 111 un. mnrum.1D~ 1ll0UlQ.
". ..at 1:0 (lDc1ud. 1IAm. aDd. adl1rUt of Ormtoe);
GRANTEE: CITY OF ANDOVER
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: November 6. 1996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
30.
ITEM NO.
Reduce Escrow/Foxberry Farms/Developer's Improvements
Todd J. Haas, .ltt
Engineering #"JJ-
The City Council is requested not to reduce the development contract letter of credit
(developer improvements) for the Foxberry Farms development for grading, staking,
administration fees, erosion control, etc,
Amount
Available
Reduce
To
Reduction
Foxberry Farms
$1,150.00
$1,150.00
-0-
/ Staff is not recommending reducing the escrow, The developer has minor cleanup such as
removing stumps/trees ad Regrading some lots where some sand was stock piled by builders.
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The Developer shall dedicate 'and surVey all storm VV1Iter ho
ponds as required by the City. The Developer shall be responsible
for storm sewer cleaning and holding pond dredging, as required,
by the City prior to completion of the development.
J.
The Developer shall be responsible for securing all necessary
approvals and permits from all appropriate Federal, State, Regional
and Local jurisdictions prior to the commencement of site grading
or construction and prior to the City awarding construction
contracts for public utilities.
J.
The Developer shall make provision that all gas, telephone and
electric utilities shall be installed to serve the development.
K.
Cost of Developer's Improvements, description and completion
dates are as follows:
Description of
Imorovements
Estimated
Cost
Date to be
Comoleted
o.~
1. Site Grading & $ 28,800 -No v ~luLt::J.. 4, 1JJ4
Certification Letter
2. Street Maintenance & $ 1,000 -----
Erosion Control 0.00
3. Iron Monuments $ 2,000 110.1' 26, 1995
0,00
4. Street Lighting $ , , 500 !1o.l' 2C, 1995
e
5.
0,<>0
$2:;,000
-H",,1' 26, 199:;
6.
Two Existing Houses
S.S., W.M. Driveways
and up to code
Total Estimated Construction Cost
For Developer's Improvements:
1,=.00
$ 49,390
Estimated Legal, Engineering and
Administrative Fee (--2.2.%)
IS"C,CC
.q,42:;
,
$
Total Estimated Cost of Developer
Improvements
~~s-t;....oc.
,
$ ~!'i 4''1
SOCldrity f\cquircmcnt (150Q(,)
"$ 0:;,40.0 IIS"'C.cc
e
-4-
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: November 6. t 996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Todd J. Haas, ~
'3 \ . Engineering j 1
ITEM NO. q-
Reduce Escrow/Jonathan Woods/Developer's Improvements
The City Council is requested to reduce the development contract letter of credit (developer
improvements) for the Jonathan Woods development for grading, staking, administration fees,
erosion control, etc.
Amount
Available
Reduce
To
Reduction
Jonathan Woods
$18,975.00
$5,000,00
$13,975.00
We are recommending that an amount of $5,000,00 be retained because of numerous
stumps/trees that need to be removed from a few lots and some lots have been used to stock
pile excess sand from builders,
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H.
The Developer shall dedicate and survey all storm water holding
ponds as required by the City. The Developer shall be responsible
for storm sewer cleaning and holding pond dredging, as required,
by the City prior to completion of the development.
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I. The Developer shall be responsible for securing. all necessary
approvals and permits from all appropriate Federal. State, Regional
and Local jurisdictions prior to the commencement of site grading
or construction and prior to the City awarding construction
contracts for public utilities.
J. The Developer shall make provision that all gas, telephone and
electric utilities shall be installed to serve the development.
K. Cost of Developer's Improvements, description and completion
dates are as follows:
Description of
Imorovements
Estimated
Cost
Date to be
Comoleted
1.
Site Grading & $;a,88~
Certification Letter
Street Mtnc & Erosion $ 1,aae
Control
.
November 4, 1994 23'8.Z~
iI
~"D.OD
-------
e
2.
3.
4.
5.
6.
Total Estimated Construction Cost
For Developer's Improvements:
$ 38,400
t' 111/'" ""'.0..
,
z~,s.z.c,
Estimated Legal. Engineering and
Administrative Fee (...12-%1
$'" ~ thO
1~s-Iii.vt:J
"'3~ . ,..,
"
Total Estimated Cost of Developer
Improvements
,--
$ -44 I ~" 12, c,~o .00 3'333.00
.
,
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Security Requirement (150%)
$ 6S,2GO ..l8/1-;C:tft' G"tX'O,DO
.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
)
DATE: November 6, 1996
ITEM NO. '3 ~.
Accept Petition/96-25/14139 Crosstown Blvd, NW/
Sanitary Sewer & Watermain
ORIGINATING DEPARTMENT
Todd J, Haas, /
Engineering ~l
AGENDA SECTION
Non-Discussion/Consent Item
The City Council is requested to approve the resolution declaring adequacy of petition for
the improvement of sanitary sewer and watermain for Project 96-25, in the area of 14139
Crosstown Boulevard NW,
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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, 96-25, IN THE_
AREA OF 14139 CROSSTOWN BOULEVARD NW.
WHEREAS, the City Council has received a petition, dated October 21.
1996 . requesting the construction of improvements; and
WHEREAS, such petition has been validated to represent the signatures of
100% of the affected property owners requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
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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 November , 19 96, with
voting in favor of
voting
Councilmembers
the resolution, and Councilmembers
against, whereupon said resolution was declared passed,
CITY OF ANDOVER
ATTEST:
J,E. McKelvey - Mayor
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Victoria Volk - City Clerk
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Date /(l2--~
INDIVIDUAL EXAMPLE PETT~ION
1b -;:z.s-
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Andover City Engineer
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Municipal Improvements
..
Dear City Engineer:
We do hereby
'sewervstorm
---co--s1:5" 0 f the
property.
petition for improvements of(watermain~~ianIi:a-ry-
sewer and streets (circle one or more) with th-er--
improvement to be assessed against my benefitting
Said petition is unanimous and the public hearing may be
waived. We would like to be assessed over a 5 year period.
Sincerely,
/Q ~ ~ ,/
, r()' v ,/
( (1 ~ ::7,[ ,kJ ~ )2{) ,,;.,---
property Owner ~_ ,,' I ~, <t' ~ "
~~~~~S~tate, ZiP~lc-~}<:.e.., ~~ ~~:t'j
phone (Home) 7 $7- s..-7s<-( I L-/ I ~ 9 c::, '\'-O~"i::... \ ClWlI"J \8-ivei-
(Work) <725.---n 3,0 .A"t-.J~ U~\" I ff\. N . S-S:3,c '-/
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: November 6. 1996
AGENDA SECTION
Non-Discussion/Consent Item
ITEM NO. 33.
Accept Feasibility Report/96-25/14139
Crosstown Blvd. NW/Sanitary Sewer & Watermain
ORIGINATING DEPARTMENT
Todd J. Haas, ~
Engineering ~t
The City Council is requested to approve the resolution accepting feasibility study, waiving
public hearing and ordering improvement for Project 96-25 for sanitary sewer and watermain
at 14139 Crosstown Boulevard. NW
Watermain
Water Area Charge
Y:z bh = Y:z (300') (180') x 1 Acre = 0.61 Acres
43,560 ft?
0.61 Acres x $1130 = $689.30
Acre
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Lateral Charge
$24 x 110' = $2640
Connection Charge
= $1225
Watermain Total = $4554.30
Sanitarv Sewer
Sewer Area Charge
0.61 Acres x $1065 = $649,65
Acre
Lateral Charge
$24 x 110' = $2640
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Connection Charge
= $290
Sanitary Sewer Total = $3579.65
TOTAL PROPOSED ASSESSMENT FOR
WATERMAIN & SANITARY SEWER $8133.95
(Based on 1996 Charges)
Note: This assessment is for half of the lot. If the property owner ever decides to split the
southerly portion of the parcel, it would be necessary for them to petition for sanitary
sewer and watermain to be able to connect and an assessment would be required,
/ CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC
HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO,
96-25 FOR SANITARY SEWER AND WATERMAIN IN THE FOllOWING AREA
14139 CROSSTOWN BOULEVARD NW.
WHEREAS, the City Council did on the ....61h... day of November, 19 96 ,
order the preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by the City Engineer
and presented to the Council on the 6th day of November ,19~; and
WHEREAS, the property owners have waived the right to a Public Hearing;
and
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WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $ 8 133,95
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby receive the feasibility report with an estimated total cost of
improvements of $ 8,133.95 , waive the Public Hearing and order
improvements,
BE IT FURTHER RESOLVED the property would be assessed over a ~
year period.
MOTION seconded by Councilmember
City Council at a regular meeting this 6th
and adopted by the
day of November, 19....9Q." with
voting
Council members
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
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
'\
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DATE: November 6. 1996
AGENDA SECTION
Non-Discussion/Consent Item
ITEM NO. 3'1.
Order Feasibility Reportffrunk Sanitary
Sewer & WatermainlWoodland Estates/96-26
ORIGINATING DEPJ\RTMENT
Scott Erickson,~z:.
Engineering'
The City Council is requested to approve the resolution ordering preparation of a feasibility
report for the improvement of trunk sanitary sewer and watermain for Project 96-26, in the
area of the S % of the SW % of Section 22 (Woodland Estates).
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO,
MOTION by Councilmember
to adopt the following:
A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE
IMPROVEMENT OF TRUNK SANITARY SEWER & WATERMAIN ,PROJECT NO._
96-26, IN THE S 1/2 OF SW 1/4 OF SECTION 22 (WOODLAND ESTATES) AREA.
WHEREAS, the City Council of the City of Andover is cognizant of the need for
improvements, specifically trunk sanitary sewer and watermain in the following
described area: S 1/2 OF SW 1/4 OF Section 22 (Woodland Estates); and
WHEREAS, the City Council proposes to asses the benefiting property for all or
a portion of the costs of the improvement, pursuant to Minnesota Statutes 429,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
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1. The City Council is cognizant of the need for improvements.
2. The proposed improvement is hereby referred to TKDA and they are instructed to
provide the City Council with a feasibility report.
MOTION seconded by Councilmember and adopted by the
City Council at a regular meeting this 6th day of November, 19 96, with
Councilmembers
the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
voting in favor of
voting
CITY OF ANDOVER
A TrEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: November 6 1996
AGENDA SECTION
Non-Discussion/Consent Item
ITEM NO. 35.
Approve RequestlKottkes' Bus Service/
Utilize Ponding Area for Snow Storage
ORIGINATING DEPARTMENT
Scott Erickson,~t
Engineering
The City Council has been requested by Kottkes' Bus Service, Inc. to approve the attached
agreement allowing them to utilize the City pond area, previously purchased from Kottkes, for
snow storage. The bus service has indicated that they will repair any damages to the pond
which may result from their use of it for snow storage.
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KOTTKES' BUS SERVICE, INC.
13625 Jay Street Northwest
Andover, Minnesota 55304
October 2~ 1996
Andover City Hall
City Council
1685 Crosstown Blvd
Andover, Minnesota 55304
Dear Council members:
The pond/watershed property recently acquired by the
city and previously owned by Kottkes Bus Service, Inc. has
been the subject of a verbal agreement between the City of
Andover and Jeffrey L. Hanson/Kottkes' Bus Service, Inc.
To reiterate, Jeffrey L. Hanson/Kottkes' Bus Service,
Inc. will be able to continue to use the pond area for the
purpose of storing plowed snow, with the understanding that
Jeffrey L. Hanson/Kottkes' Bus Service, Inc. will be
responsible for repair of damages incurred from such
equipment to the pond embankment.
Sincerely,
Jeffrey L. Hanson
Vice President
JLH:sln
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CITY OF ANDOVER
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REQUEST FOR COUNCIL ACTION
DATE: Novembe~ 6, 199
AGENDA SECTION
NO. NON-DISCUSSION / CONSENT
ITEM
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
30.
APPROVE BIDS FOR SURPLUS
CITY PROPERTY
Frank Stone - Public Works
supe~t
BY:
ITEM
NAME:
It is requested that Mayor and Council approve the selling of miscellaneous surplus City
property to the highest bidder due to the completion of our advertised surplus sale.
/
Viewing and sealed bids for these items were completed on Friday, November 1, 1996 at
3 :25 PM, Sealed bids were opened and publicly read aloud at City Hall by city
representatives on Monday, November 4, 1996. A list of the highest bidders will be given
to Mayor and Council on the evening of the meeting. As always, the Council reserves the
right to reject any and all bids, to waive informalities and further reserves the right to
award the purchase in the best interest of the City.
MOTION:
SECOND:
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/
DATE: November 6. 1996
AGENDA SECTION
Non-Discussion/Consent Item
ITEM NO. 31.
Order Plans & Specs/96-28/
Well #3/Maintenance
ORIGINATING DEPARTMENT
Scott Erickson, Qt
Engineering ,
The City Council is requested to approve the resolution ordering the improvement of
maintenance for Well #3 and directing the preparation of final plans and specifications for
Project 96-28,
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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 #3/MAINTENANCE
PROJECT NO, 96-28 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. 96-28 ,
BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby designate Public Works/City Engineer 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 ~ day of November ,19 96 , with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J,E. McKelvey - Mayor
)
Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
J
DATE:
November 6. 1996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott Erickson, .t\~
Engineering \f"
ITEM NO. 3 1) .
Approve Plans & Specs/96-28/Well #3/Maintenance
The City Council is requested to approve the resolution approving plans and specifications
and ordering the advertisement for bids for Project 96-28, Well #3/Maintenance,
Specifications are available in the Engineering Department for review,
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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. 96-28 , FOR
WELL #3/MAINTENANCE ,
WHEREAS, pursuant to Resolution No. -96, adopted by the City
Council on the 6th day of November, 19--.Jlli., Public Works/City Engineer
have prepared final plans and specifications for Project 96-28 for Well #3 .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 6th day of November , 19..JtQ...
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 November 26 , 19 96 at the Andover City
Hall.
MOTION seconded by Councilmember and adopted by the
City Council at a regular meeting this ~ day of November ,19 96 , with
Councilmembers
favor of the resolution, and Councilmembers
said resolution was declared passed.
voting in
voting against, whereupon
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
. \
Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
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DATE: November 6. 1 996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
ITEM NO. 3q .
Approve Change Order #2/94-33/Commercial
Boulevard Extension
Scott Erickson~l
Engineering
The City Council is requested to approve the resolution approving Change Order #2 to Project
94-33, Commercial Boulevard Extension.
This change order reflects additional removal and disposal of debris, rubble, etc. for the
project clean up. There was more buried debris and rubble than was anticipated in the original
bid quantities.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #...2.. TO PROJECT NO.
94-33, COMMERCIAL BOULEVARD EXTENSION,
WHEREAS, the City of Andover has a contract for Project No, 94-33 with
Forest Lake Contracting of Forest Lake MN.
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 94-33.
MOTION seconded by Councilmember
and adopted by the
J City Council at a regular meeting this 6th day of November, 19~,
with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J,E. McKelvey - Mayor
Victoria Volk - City Clerk
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CHANGE ORDER
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CITY OF ANDOVER
Andover, MN November 6
, 19~,. Change Order NO,...2....
To Forest Lake Contracting
For Proiect 94-33. Commercial Boulevard Extension
For City of Andover
You are hereby directed to make the following change to your contract dated
July 16 , 19~, The change and the work affected
thereby is subject to all contract stipulations and covenants, This change order
will (increase) (decroace) (no chango) the contract sum by
One Hundred Eleven Thousand Nine Hundred Nine Dollars and 00/100
($ 111 909,00 ),
This change order provides for the following extra work:
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Add quantity to the following bid items:
8, Remove/Dispose Fencing 2000 LF @ $1.35/LF = $2,700.00
12, Remove Concrete Sidewalk or Slab 640 sy @ $1,60/sy = $1,024.00
13, Remove Concrete Rubble 2000 cy @ $5.00/cy = $10,000,00
16. RemovelDispose Scrap Metals 220 TN @ $95,OOfTN = $20,900,00
17, Remove Septic Systems 12 EA @ $555,OO/EA = $6,660,00
20, Adjust Monitoring Wells 2 EA @ $225,OO/EA = $450.00
21, Abandon/Seal Well 8 EA @ $750.00/EA = $6,000.00
45,8" PVC SDR 35, Sanitary Sewer 330 LF @ $19,OO/LF = $6,270.00
Also an additional not to exceed in removing demolition
debris and rubble.
$65,000,00
TOTAL
$119,004.00
Approval City of Andover Approval Forest Lake Contracting
Owner Contractor
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City Engineer Date Date
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 6.1996
AGENDA
SECTION
ADMINISTRATION
Richard Fursman
NON- Discussion
ITEM NO.
L-1O .
Woodland Development Lot Purchase
Request:
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The City Council is requested to approve sale of property known as Lot 4, Block 4 to Woodland
Development as stipulated in a 1993 purchase agreement.
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This item was brought before the City Council at the last meeting and tabled until the matter could be
researched further. Research has revealed that the City is obligated to sell the property at this time,
LAW Omcrs OF
(_) William G. Hawkins and Associates
WILLIAM G, HAWKINS
BARRY A, SULLIVAN
Legal Assistant
WENDY B. DEZELAR
2140 FOURTH AVENUE NORTH
ANOKA, MINNESOTA 55303
PHONE (612) 427-8877
October 21, 1996
RECEIVED
OCT 2 2 1996
CITY l.-'; ,.,NDOVER
Mr. Richard Fursman
Andover City Hall
1685 Crosstown Blvd.
Andover, MN 55304
Re: Woodland Development Lot Purchase
Dear Dick:
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I have reviewed my file concerning the questions raised by the city council on the
Woodland Creek purchase of Lot 4, Block 4, Woodland Creek Third Addition. I
enclose for your information a letter that was directed to the mayor on March 29,
1993 from the developer which states the terms and conditions under which he would
sell the lot to the city. The council agreed to these conditions and they were
incorporated in the purchase and option agreement. Therefore the city must follow
the terms and conditions of the original sale.
I have written to Woodland Development Corporation to arrange a date and time of
closing. I will prepare a deed and complete the transaction according to their option
terms.
W
William G. Hawkins
WGH:wbd
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MEMORANDUM
DATE: March 29, 1993
TO: Mayor Jack McKelvey
FROM: Lary Carlson
RE: PURCHASE OF LOT 4, BLOCK 4, WOODLAND CREEK THIRD ADDITION
Attached is the purchase agreement prepared between ourselves and the city.
I believe all of the terms as reflected in the purchase agreement have already been
agreed upon between yourself and Byron Westlund from our office. If you had a
/different understanding on anyparticulari tem, you need only call-and we- will, talk
it through together,
You will note that the purchase agreement refers to the option to repurchase, I
am asking if you would have Bill Hawkins to prepare this option agreement, I can
tell you what we want stated. I think it would be much easier for Bill to use
the wording suitable to 'the city but still protecting us than if we work the
other way around,
What we want in the repurchase agreement is the absolute right to repurchase this
lot back from the city for a cost of $20,000 plus any interest payments received
by Woodland from the city of Andover during the three year period, If the city
chooses to have Woodland exercise the option to repurchase before the end of the
three year period, th~ nptinn price ~hall he $20.000 plus the interest received
through the date of the repurchase.
Jack, as you know, the purpose of this sale is to allow for" the possible
construction of a road on the lot, We have elected to sell this lot to the city at
a bargain price. Therefore, if the road is not going to go through, we want the
property back, and it would then be resold at a normal price.
,I believe, and certainly hope, that everyone understands and agrees on all of this,
Byron Westlund
830 West Main Street
Anoka, Minnesota 55303
(6]2) 427-7500
FAX: (6]2) 427-0192
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: November 6. 1996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott Erickson~l
Engineering
ITEM NO. t{l.
Approve Revised Grading Plan/Crown Pointe
The City Council is requested to approve the revised grading plan for Crown Pointe as
requested by the developer, Ashford Development.,
The plan has been revised to incorporate the mitigation from the two lots (Outlot A & B) in
Crown Pointe East and the grading of Outlot B in Crown Pointe to develop two rural lots along
Andover Boulevard.
The approval of the revised grading plan is made contingent on approval of the City Engineer
and the City Building Official. Approval of the grading plan is also contingent on approval of
the Coon Creek Watershed District and all other required government agencies,
Attached is a copy of the plan where the mitigation is proposed to take place,
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: November 6. t 996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott Erickson,~t
Engineering
ITEM NO. t--{:J-.
Approve Revised Grading Plan/Crown Pointe East
The City Council is requested to approve the revised grading plan for Crown Pointe East as
requested by the developer, Ashford Development.,
The developer has received approval from the Coon creek Watershed District (Local
Governmental Unit Plan) which regulates the 1991 Conservation Act) to fill in Outlots A & 8
which were designated as wetlands. Since the preliminary plat was approved, the Wetland
Conservation Act was loosened to allow more flexibility in filling certain types of wetlands.
The wetland mitigation of Outlots A & 8 will be done in Crown Pointe.
A copy of the revised plan is in the side pocket of your packet.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 6. 1996
AGENDA
SECTION
ADMINISTRATION
Richard Fursman
NON- Discussion
ITEM NO.
tl3.
GIS Joint Powers Agreement
Request:
The Council is requested to approve the Joint Powers Agreement between the cities of Andover,
Columbia Heights and Fridley to establish an organization to coordinate efforts to provide
geographic informational services to the members and to seek joint funding for the program,
This organization shall be responsible for organizing and updating data bases for use with GIS
software, updating a GIS base maps and providing custom GIS applications based on the need of
each of the members,
The Council approved budget allocations and expenditures for the program at the August 6, 1996
meeting,
The program will take effect sometime in 1997 when space can be allocated for the GIS computer
upgrade,
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Regular Andover City Council Meeting
Minutes - August 6, 1996
Page 8
(Hunter's Hollow, Continued)
now existed for many years and was deemed appropriate. He questioned
that now it is inappropriate just because he is developing next to it.
Todd Mickley, 3020 164th Lane NW - stated they did try to work it ou~
with the developer. When ~e was asked if he could give up some of his
property, he didn't realize they would be asking for 47 feet. The City
is asking for 22 feet of their front yard, The road would be only 30
feet from the neighbor's yard, plus trees would have to be removed.
They are still willing to entertain options, but putting it all on their
properties and taking 22 feet of their front yard doesn't seem
reasonable. They are willing to look at moving the cul-de-sac back so
just a corner is taken or look at other options. Is a smaller r.ul-de-
sac a possibility or leave it as it is?
The other property owner affected didn't think the cul-de-sac could be
moved back because of a large oak tree on the corner. All four trees in
his front yard would have to be removed, plus four more would probably
be killed during construction. Staff and Council noted the need to
enlarge 'the cul-de-sac for safety concerns of turning City vehicles
around.
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It was agreed to table the item to the next regular meeting to allow
time for the City Attorney to review the tape of the July 16 meeting in
which this was discussed and to make a recommendation on whether or not
the Council can make a change to the motion approving the preliminary
plat of Hunter's Hollow.
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SET DATE FOR BUDGET MEETING
The Council set Wednesday, September 11, 1996, 7:00 p.m., Andover City
Hall, for a special meeting on the proposed 1997 budget.
GIS STUDY
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Mr. Fursman explained the City's struggle over the past several years in
developing a government information system (GIS) as an effective tool
city-wide. The cities of Columbia Heights and Fridley have also
struggled with the implementation of a GIS system that fits into their
fiscal constraints and Staff needs, So the three cities have joined
forces and are seeking approval from their respective Councils to
develop a GIS function collaboratively to help each upgrade and
implement the GIS system. He noted five areas that would be achieved by
approving a one-year pilot project to explore the effectiveness of a
Range Rider GIS Program by hiring one highly qualified GIS Specialist to
serve the three cities, He asked the Council to approve Andover's share
of $13,300, funding to come from the mapping fund. The cities are alsn
in the process of applying for a Demonstration Grant through the State
of Minnesotaa and the Metropolitan Council, which, if sUccessful, would
reduce the City's cost to $10,000. The project is being done with other
cities to reduce overall costs.
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Regular Andover City Council Meeting
/ Minutes - August 6, 1996
Page 9
(GIS Study, Continued)
Mr. Fursman noted examples of the ways a GIS system could be used once
it is implemented. The Council had approved the hiring of a half-time
GIS Staff member in the 1997 budget, who would operate the system once
it is implemented, Many of the surrounding cities have either
implemented or are struggling as Andover is with the GIS system. The
county and the Metropolitan Council want all cities to eventually be 0"
the system.
MOTION by Dehn,
$13,300 from the
the GIS system.
Seconded by Knight, that the City Council approve
mapping fund to advertise the possibility of the use of
Motion carried on a 4-Yes, 1-Absent (Jacobson) vote.
The Council recessed at this time to hold an EDA meeting, 10: 06 ;
reconvened at 10:09 p.m,
APPROVAL OF LIQUOR LICENSE FOR G-WILL LIQUOR
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MOTION by Knight, Seconded by Dehn, to so move
license for G-Will Liquors at their new location
Boulevard NW, from August 6 to December 31, 1996).
4-Yes, 1-Absent (Jacobson) vote.
(approval of liquor
of 13973 Round Lake
Motion carried on a
APPROVE ORDINANCE SUMMARY 114/WETLAND BUFFER PROTECTION
Mayor McKelvey had understood that the Council agreed that landscaping
was not going to be a part of the wetland buffer requirement, yet that
is included in the ordinance summary. As written, the landscaping must
be done before it is sold to a resident, which eliminates the ability of
the resident to do his/her own landscaping. He understood the buffer
area would be in place to t~e point that it is sold to a resident, which
doesn't necessarily mean the landscaping will be done. Other
Councilmembers had that same belief.
Mr. Carlberg suggested the item be tabled to the next regular meeting so
Staff can be sure the summary accurately reflects the Minutes and the
Council's desire.
MOTION by Knight, Seconded by Dehn, to table this to the next meeting.
Motion carried on a 4-Yes, 1-Absent (Jacobson) vote,
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\ MAYOR/COUNCIL INPUT
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Wildflowers in boulevards Councilmember Dehn had heard there is
funding for wildflower seed to be planted in the boulevards, especially
in the rural areas. She encouraged Staff or the Park Board to look into
this further. Mr, Carlberg agreed to do so.
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GIS JOINT POWERS AGREEMENT
This Agreement is made and entered into by and between the City of
Andover, a municipal corporation, the City of Fridley, a municipal corporation, and
the City of Columbia Heights, a municipal corporation.
I. PARTIES
The parties to this Agreement are governmental units of the State of
Minnesota. This Agreement is made pursuant to Minnesota Statutes, Section
471.59, as amended.
II. DEFINITIONS
For the purpose of this Agreement, the terms defined in this article have the
meanings given to them.
Section 1.
"Organization" means the joint and cooperative organization
created by this Agreement.
Section 2.
"Board" means the board of directors established by Article V.
Section 3.
"Council" means the governing body of the governmental unit.
Section 4.
"Member" means the governmental unit which has entered into
and become a party to this Agreement.
Section 5.
"GIS" means geographic information systems.
Section 6.
"GIS Range Rider" means the person or firm hired to provide
GIS technical assistance to the organization and fulfill the tasks established in
Appendix A, "Request for Proposals."
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III. GENERAL PURPOSE
The general purpose of this Agreement is to establish an organization to
coordinate efforts to provide GIS services to the members and seek joint funding
of a GIS Range Rider.
IV. SCOPE OF WORK
This organization shall be responsible for organizing and updating databases
for use with GIS software, updating of GIS base maps, and providing custom GIS
applications based on the need of each of the members. Furthermore, the
organization shall provide various forms for training of GIS users, develop
proposals that will enable individual members to seek quotes for various data
gathering input to their respective GIS systems, and to analyze GIS hardware in
each of the member cities and the rendering of advice relative to the networking of
hardware in and among the three cities.
V. GOVERNING BOARD
The governing body of the organization shall be a board consisting of three
persons who shall be the city manager/administrator or their designees for each of
the members.
VI. MEETINGS
Section 1. Board members shall meet at least once annually for the purpose
of evaluating the work of the GIS Range Rider as well as defining the scope and
cost of work to be completed in the next calendar year. The Board shall conduct a
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meeting on or before October 1, 1997 or such day as they agree upon in
succeeding years, if this Agreement has been extended by the parties pursuant to
the provisions herein.
Section 2. The Board may make such contracts and enter into such
agreements as it deems necessary to make effective any power granted by this
Agreement. It may contract with any of its members or others to provide space,
services or materials on behalf of the organization.
VII. DISTRIBUTION OF BENEFITS
All benefits of the GIS Range Rider services are to be received equally by
members of the organization. The GIS Range Rider will generally proceed toward
accomplishment of items in his/her scope of services in all the cities before moving
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on to additional items. The GIS Range Rider will be available to meet with the
representative of each of the three cities to discuss progress being made on each
of the items listed in the Scope of Services.
VIII. FINANCES
Section 1. Members intend to fund the cost of a contract with a GIS
consultant for the performance of tasks identified under the Scope of Services
equally. The estimated cost of such contract is $40,000.00. Each city shall pay
its share, under this Agreement, on a quarterly basis beginning on January 1,
1997 and on the first day of each quarter thereafter.
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Section 2. The organization's funds may be expended by the Board in
accordance with this Agreement in a manner determined by the Board. The Board
shall designate the City of Columbia Heights to act as depository for the
organization's funds. There should be no disbursement of organization funds from
the City of Columbia Heights depository account without the written approval of at
least two board members.
Section 3. The City of Columbia Heights will receive invoices from the
consultant and pay the consultant on a monthly basis for his/her work in
'accordance with this Agreement. The City of Columbia Heights shall be
responsible for maintenance of any grant revenue or other revenues collected by
the authority. Interest collected by funds on behalf of the authority shall be the
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property of the authority.
Section 4. The Board shall make a financial accounting report to the
members at least once a year. The books and records of the organization shall
remain open and available for inspection by members at all reasonable times.
Section 5. An annual budget shall be adopted by the Board at the
organizational meeting and the annual meeting each year. Copies of the budget
shall be mailed promptly to the chief administrative office of each member. The
budget is deemed approved by the members except one who, at any time prior to
the annual meeting, gives notice in writing to other members that he is
withdrawing from the organization.
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IX. INDEMNIFICATION
Each member shall fully indemnify and hold harmless the other members
against all claims, losses, damages, liability, lawsuits, judgments, costs and
expenses by reason of action or inaction of its employees assigned to the
organization. The Agreement to Indemnify and Hold Harmless does not constitute
a waiver by any member of limitations on liability provided by Minnesota Statutes,
Chapter 466.
X. DURATION
This Agreement shall take force and effect when all three members, listed in
Paragraph 1 of this Agreement, sign it. All members need not sign the same copy.
This signed Agreement shall be filed with the City Clerk in the City of Andover,
who shall notify all members in writing of its effective date.
Section 1. This Agreement shall terminate on December 31, 1997 unless
extended by further agreement of the parties.
Section 2. This Agreement can be terminated at any time by the written
agreement of two-thirds (2/3) of the board members.
Section 3. Upon termination of this Agreement, all property of the
organization shall be sold or distributed to the members in proportion to the
contributions of each member of this Agreement.
Section 4. Governmental units wishing to become members after the
effective date of this Agreement may be admitted only upon the favorable vote of
two-thirds (2/3) of the votes of the members of the board. Financial contributions
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and responsibility of any newly admitted member shall be prorated to the date of
membership as determined by the board.
IN WITNESS WHEREOF, the undersigned governmental units, by action of
their governing bodies, have caused this Agreement to be executed in accordance
with the authority of Minnesota Statutes, Section 471.59.
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Approved by the City Council CITY OF ANDOVER
,199 - . By
Title
Date of Signature
By
Title
Date of Signature
Approved by the City Council CITY OF FRIDLEY
, 199_, By
Title
Date of Signature
By
Title
Date of Signature
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Approved by the City Council
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CITY OF COLUMBIA HEIGHTS
By
Title
Date of Signature
By
Title
Date of Signature
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APPENDIX A
REQUeST FOR PROPOSALS
The Cities of Andover, Columbia HeIghts, and Fridley announce request for proposals
to provide Geographic Information System Technical 88sistance for the calendar year
January 1, 1997 to December 31, 1997. One technician is to be hired jOintly to serve
the three communities,
SCOPE OF WORK
Each City will provide software, hardware, and data typically associated with a GIS.
WOrkspace for the consultant will also be provided. Each City is at a different level in
their evolution of their GIS, The consultantltechnicfan will be expected to perform tne
fOllOWing tasks In-house in each City:
Identify. asses~. oroani2:e. and document all exlstinQ and Qlt8i/able GIS da(&
Tasks:
· Identffy all existing GIS databases, databases that are not currently in GIS
format but may be integrated into GIS in the Mure, and all databases
maintained at the county. state, or national level that would be Useful in each
city's GIS (for example: census data, wetlands data, soils data, contaminated
' sites, aerial photographs, etc,), .
· Assess the Information for completeness, accuracy, and date.
· Priorltrze the need for updating GIS data based upon its need among
participating departments,
· Describe nature of updates required,
· Organi2:e, restructure, and simplify existing GIS file system to Improve
efficiency and to facilitate commonalties among the GIS fJle structure of all
participating cities,
· Develop a data dictionary (metadata) of all existing GIS files. Document all
information pertaining to the source, quality, completeness, format, etc. of
existlng GIS data, Ensure that the metadata developed meets all local, state,
and national standards for metadata. Provide metadata reports in digital and
hardcopy format.
ObtainllmproveJUpdate Parcel Basemap and Related Information
Each of the basamaps in the cities needs to be updated in some fashion..
Ensuring basemap consistency between communities will be an Important portion of
this phase of the project. The Range Rider will work closely with Anoka County to
ensure consistency with county standards.
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Tasks:
· Verify the accuracy of parcels on the GIS basemap. Add new parcels and
corresponding infonnation (PINs, addresses, etc.) to existing GIS parcel
basemaps as needed.
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TRI-C/lY GIS TECHNICAl ASSISTANCE
REQUEST FOR PROPOSAL
· Verify the accuracy or existing PINs, Correct al/ incorrect PINs and add new
PINs where lleC6asary,
. Verify correct /Inksges to Anoka County Assessors information, LInk to
AsSeS60nl dota If n~~ary.
. Verity thQ Q)(iGtonco of parcel eddreS3es. COrrect or add addresses to the
database INhere necessary, Standardize the addre4J8 data where nece~ry
(St Instead of Street. AV9, instead of A\IElnue or Av., etc.). '
· Verify the existence of road names. Add rMd names ~r9 nece&sary,
Format road names for viewing at a variety of scales ranging from 1 "=1 COO'
to 1"=200',
· Ensure that all changes/modifications made to the basemap and databases
are as consistent as possible between the participating cities and the county,
OOCtlmen! any inconsiste~ie.s.
· Conform basemaps to the Anoka County Coordinate System wnere
necessary,
DeveloD Custom Aoolications That Can 8e Shared Arnone The Three Cities.
As the Range Rider Identifies common ta&~ th3t can be completed on the GIS,
custom applications will be dQV91opedto mAke complQting ~ch task simpler for
occasional users. One sample application supported by the group involves thQ creation
of m~iling lists for notification of public hearings for land use applications and
assessments, and emergency response, Once completed these applications will then
be distributed to the other cities.
Tasks:
· Develop custom applications to run In AtcVJew WhlctJ simplify complex tasks.
· Customize each script produced for use in other panicipating cities.
· Provide training In the U5e of thes6 scrIpts.
DevelQo LInk Between ArcVrew GIS ::md Enforce Polioo Dataoose,
Th~ RanQe Rider will be asked to develop a link bet',ygen GIS and a common
police database called Enforce, The link between these two software packages has not
been accomplished in the participating cities. therefore: information on crime statistics
has not been available for the use in GIS analysis. The Public Safety Departments in
are very interested in using GIS to study aime pattems within the area, but lack the
tecnnicaI GIS expertise needed to complete the analysis. The Range Rider will be
responsIble for workIng With pUblic Safe1y staff to link with Enforce and develop custom
report~ and analysis based on !he Information maIntaIned Dy the police,
Tasks:
· Dllvelop link between GIS and Enforce.
· Trail"l Public Sa~ty Staff in tho use of GIS.
· Assist st~ In fho GIS analysis: ~nd presentrlion of crime data,
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TRI-C/TY GIS TECHNICAL ASSISTANCE
) REQUEST FOR PROPOSAL
· Develop custom applications using scripts 10 sImplify complex tasks.
ProvidG GIS Trainil"lQ to City Stafr.
The GIS Range Rider will be expected to organize joint traInIng sessions for the
partidpating eitle!l. A portion of the RangEl Rioera time will be dedicated to training City
staff on how to use the GIS to 8n8/y:m and prasont spatial infonnation on a daily ba5is
as applications are developed, This speciallz9d training should be provided regulcrly
over the duration of the IXOJect,
Tasks:
· Schedule and prepare joint Introduction to /vf:NIew training sessions for
partiCipating cities. Joint trainIng should consist of 4-8 hours of ArcView 3.0
training In a centralized location. Expect 2-3 students for e~ course.
· Specialized training on tne specjalized daily applications of GIS in each
department. TraIning should take plau:t at each city WIth as many staff as
possibJo. Each c1tle3 har~re and software will be Used,
Other Resoonsibilities.
The range Rider will meet with sta1f monthly to evaluate wor!< In progress end
communicate problems, needs. and next steps. Additional tasks idsntlfied by eaCh
community in conjunction with input from the GIS Range Rider may be r~ull'Qd as
needed, Alternatively, these tasks may be scheduled in a 'NQrkplan for future years,
CONSULTANT QUALIFICATIONS
The selected con5ll11ant will be familiar wIth l1'1e fOlIO'Mng Software paooges:
. PC Arcview 3.0
. Workstation Arcview 3.0
· Wotkstation Arclnfo
. AreCad
· AS40n Mainframe System
· Land Management
· Microsoft Windows '95
· Microsoft Office
· Enforc Police Data Management
· DbaS€ IV
The selected consultant will be familiar with both Personal Computers and UNIX
Workstations,
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TRI.CITY GIS TECHNICAl ASSISTANCE
REOUEST FOR PROPOSAL
CONTRACT L~NGTH;
The CXJntmct length ;3 ~ to ~ JanUtlry 1, 1997 to Decem~r 31, 1997, The
consultant will bo o~&d to spend time in each City Goch week. A work schedule will
00 Qstablished once the consult;nt I. SQIQct.Qd.
RFP SCHEDULE:
Proposals are to be submitted to Mic.'lele McPherson. PlannIng Assistant. City of
Fridley, 6431 University Avenue N, E., 55432 no later than 5:00 p,m. November 18,
1996. Questions may be directed to Michele at 372-3593. Proposals should include a
cost for the above ta~k:s, relevant experience, and rerferences. The propo,als will be
reviewed, and intefvilfflS may be sdlwu!ed fOr tne week of November 25 _ Decsmber
6, 1996. The contract will be aw-ardeclln DeC€mber, 1 ~, with commen~ment
Jar:uary 1,1997.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: November 6 1996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPM. TMENT
Scott Erickson'JL
Engineering
ITEM NO. t1 t-l.
Approve Quotation/Phase" Investigation/
Heidelberger 1 Acre Parcel
The City Council is requested to approve the quotation from MaximfTCT in the amount of
$3,650.00 for the Phase" Investigation of the one acre parcel located south of the duplex lot.
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MAXIM ST PAUL
612 659 7348 P.01/06
Maxim/TCT
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Maxim Tec:hnologies,Inc.trwin City Testing
662 Cromwell Avenue
.5t. Plu!, M1noc.otl ""114
Telephone: (612) 64'-;601
flu: (1\12) 11.'9.7507
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FACSIMILE COVER SHEET
THIS MESSAGE IS TO: THIS MESSAGE IS FROM:
Scott Erickson Jon Nedved
Name Name
City of Andover October 29, 1996
Company Date
(612) 659-7518
Phone Numher Phone Number
755-8923 (612) 659-7348
~AX Number FAX Number
Attached is the quotation for the Phase IT Investigation of the one acre parcel located south of the duplex
lot. We are proposing analysis of soil samples for VOCs and RCRA metals only. If significant
contamination is found, we may recommend additiOnal analyses depending on the initial [mdings.. we
are assuming that normal lab turnaround time will be sufficient. Please let me know if you need results
sooner. '
If you have any questions, please calI me at the number above. I expect to be in the office all day
tomorrow,
This message includes this cover sheet and -.If' S-additional page(s).
'\
--. -~ ._~ ~O.L~
I'IHX I M 5T PAUL
612 659 7348
P.02/06
Maxim Technologies, Inc.
QUOTATION
'\
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PROJECTIINVOICE '"
WOIl~ ORD~R NO,
SALES CODE
CLIENT CITY OF ANOOVER ACCOUNT NO,
1685 CROSSTOWN BOULeVARO NORTHWEST PROJECT PHASE II SITE INVESTlGAT/ON
ANDOVER, MINNESOTA, 55304 ONE-ACRE LOT, SOUTH OF DUPLEX
ANDOVER, MINNESOTA
CONTACT <;CI'lTT FRICKSON
PHONE (f}121755'5100 CLltNT P.O,
FAX (612) 755,8923 2 REPORT COPll:S FOR CUfNT
TYPE OF SERVICE CONDUCT PHASE IIINVESTlGATlON TO DETERMINE POSSIBLE PRESENCE OF CONTAMINATION.
SCOPE OF SERVICES Mobilize environmen1al scientist to site and review avaijable aerial photos of site vicirity and conduCt
walk throuQh or site to idemify pos5ible contaminated areas. Observe up to 12 te~ excavations advanced to groundwater, Collect soil
c3mpl9~ from p.r.h Plt'~"v::ation :.t 2.0 foot depth intervals and sa'Mn camphu; forAvidflnce of hvdrocarbon contamination. Anatvze uti to six
l)olf .sampfe:!; (or VQC:5 ~nd nCM meterl.. Pr-epsfs i!I Ph03C IIlnvestiga'tion Report inQluding methode, r..utt., eoncru8ione and rocommencf;l'tiQn..
PAYMENT o POyn'lent on delivery of repo" o Lump Slim ,
TERMS o Prepaid FIl;$ X Unit NIle. ISee attachedl
X Invoice to Client estimated tolol $ 3.650,00
'~ND COpy OF REPORT TO: I
IN ADDITION TO CLIENT)
f-
REMARKS T UNIT RATES TO BE BILLED AS FOLLOWS: PROJECT MANAGER @ $85,OOIHOUR; ENVIRONMENTAL SCIENTIST @l
$SS.OO/HOUR; VEHICLE MILEAG. €I $O.40/MILE: PHOTOIONIZA'1"IOIII O.UCTOR @ t:l5,OOJOAY; SOil SAMPLE ANALYSES CQl310,OO EA.
THIS QUOTATION IS VALID FOR THIRTY DAYS FROM DATE BELOW AND IS SUBJECT TO THE ATTACHED GENERAL CONDmONS
JONATHAN P,NEDVED
Maxim Representat;ve (Print Name)
OCTOBER 29, 1996
Start Date
JONATHAIV P tJmVFD
MaJ<lm f'Toject Manaser IF'rin! Name'
NOVEMBER 20,1996
Completion Date
Ma"im Authori~ed Signature
Client', Authorization By (Name of Client's Representative)
Date
(S12) S~9-7r,lR
Maxim ReprIlssntative Accepting Authorization (Name)
16121 659-7348
~ne
Fax
Cat~ Authorized
1'",,^1 ~I ~ I t-'HUL
612 659 7348 P.03/06
PROJECT COST ESTIMATE
PHASE II INVESTIGATION COSTS
ONE.ACRE SITE
COMMERCIAL BOULEVARD N.W. DEVELOPMENT, PHASE I
CITY OF ANDOVER, ANDOVER, MINNESOTA
..~,.t:.~.'..".:> ...'...........;..ITE:~,;~;;;~;2#::2:2Eiil.S~~::t;J1~mg;v;:;:::::3~B~:::~:~~@}.ftA~~2~;~;;:~;:;::~:;:.:I~?EXIEN$.{9t\!;i.:i:;:i
Project MllnClger
Assistant Sci~ntist
Clerical
Draftsman
'Vehicle Mileage
PID
Semple AnalyseslVOCs, Met
6.0 hours
20,0 hours
1.0 hours
2.0 hours
44.0 miles
1,0 days
6,0 samples
$82.00 per hour
$55.00 per hour
$32.00 per hour
$42.00 per hour
$0.40 per mile
$35,00 per day
$310,00 per sample
Subtotal =
[EROJECT TOTAL =
\
$492,00
$1,100.00
$32.00
$84.00
$17.60
$35.00
~J ,860 00
$3,620.60
~3,620.60
SCALE
FEET
lAKE BOULEVARD
BUNKER
--
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42-0006
42-00
COM
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Jill
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24-32-0000
34-32- ~
LEGEND
IN IDENTIFICATI
p" . PURC
PROPERTIES OF
BY THE CITY
ANDOVER
CITY OF ANDOVER
COUNTY OF ANOKA
ST ATE OF MINNESOTA
NO, R253-96
MOTION by Councilmember .l?-cobson to adopt the following:
A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL
ELECTION HELD ON THE 5TH DAY OF NOVEMBER 1996 IN THE CITY OF
ANDOVER, ANOKA COUNTY, MINNESOTA.
The Municipal Election was held in and for the City of Andover on the 5th day of
November 1996, and was in all respects duly and legally canvassed; and the
votes received for each candidate are shown on the attached,
The following are hereby declared and certified as those elected:
Mayor _ Jack McKelvey (2 year term)
Councilmembers _ Mike Knight; Ken Orttel (4 year terms)
It is hereby found and determined that at the Municipal Election upon the
following questions: "Shall Special Licenses Be Granted For The Sale Of
Intoxicating Liquor On Sunday In The City Of Andover?" the question is hereby
declared approved.
BE IT FURTHER RESOLVED that no irregularities were noted,
The summary of the voter results are hereby attached and made part of this
resolution.
MOTION seconded by Councilmember Kunza and adopted by the City
Council at a Regular meeting this 6th day of November, 1996, with
Councilmembers Knight, Kunza, McKelvey, Dehn, lacobson voting in
favor of the resolution, and Councilmembers none voting against,
whereupon said resolution was declared passed,
CITY OF ANDOVER
J, E, McKelvey - Mayor
Attest:
Victoria V olk - Citv Clerk
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CHANGE ORDER
CITY OF ANDOVER
Andover, MN November 6
, 19.Jill.,. Change Order No,.-2-
To Forest Lake Contracting
For Project 94-33. Commercial Boulevard Extension
For City of Andover
You are hereby directed to make the following change to your contract dated
July 16 ' 19~. The change and the work affected
thereby is subject to all contract stipulations and covenants. This change order
will (increase) (docrease) (no change) the contract sum by
One Hundred Nineteen Thousand Four Dollars and 00/100 ($119 004,00 ),
This change order provides for the following extra work:
Add quantity to the following bid items:
8. Remove/Dispose Fencing 2000 LF @ $1,35/LF = $2,700,00
12. Remove Concrete Sidewalk or Slab 640 sy @ $1,60/sy = $1,024,00
13, Remove Concrete Rubble 2000 cy @ $5,OO/cy = $10,000.00
16, Remove/Dispose Scrap Metals 220 TN @ $95,OOrrN = $20,900.00
17, Remove Septic Systems 12 EA@ $555.00/EA = $6,660,00
20, Adjust Monitoring Wells 2 EA @ $225,OO/EA = $450.00
21, Abandon/Seal Well 8 EA @ $750,OO/EA = $6,000.00
45,8" PVC SDR 35. Sanitary Sewer 330 LF @ $19.00/LF = $6,270.00
Also an additional not to exceed in removing demolition
debris and rubble,
$65.000,00
$119,004,00
TOTAL
Approval City of Andover
Owner
Approval Forest Lake Contracting
Contractor
By
By
Date
City Engineer
Date
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW, . ANDOVER. MINNESOTA 55304 . (612) 755-5100
November 5, 1996
Re: Coon Creek Bikeway/Walkway Trail/Project 95-24
Dear Owner/Occupant:
The Park and Recreation Commission will hold a special informational meeting
on November 13, 1996 at 7:00 PM at the Oak View Middle School, 15400
Hanson Boulevard NW, to discuss the Coon Creek Bikeway/Walkway Trail
project.
We would appreciate your input at the meeting, If you have any question prior to
the meeting, feel free to contact us at 755-5100,
Sincerely,
~/~
Todd J, Haas, E,\.T.
Assistant City Engineer/Parks Coordinator
c1df~
Scott B, Erickson, P,E,
City Engineer
T JH/SBE:rja
cc: Park and Recreation Commission
Frank Stone, Public Works Superintendent
Kevin Starr, Public Works Supervisor
Mayor and City Council
A
1/ / /
TO: Mayor and City Council I f'/I.L/
FROM: ~avid Almgren 1\::1"
--_._-~-
RE: 1996 Monthly Building Report- OCTOBER
"
BUILDING PERMITS
Permit/Plan Tax Total Valuation
9 Residential (7 SrN-2 Septic) $ 12,959.10 $ 454.00 $ 13,413,10 $ 908,000,00
4 Additions $ 1,361,67 $ 27.05 $ 1,388,72 $ 54,060,00
-- ~Cl~a!:le~ $ 1,579,06 $ 27,85 $ 1,606.91 $ 55,700,00
7
_.~~ Remodeling/Finishing
_m__
2 Commercial Building $ 1,092,71 $ 609,75 $ 1,702.46 $ 1,246,807,00
----- $ 209.96 $ 3,60 $ 213,56 $ 7,200.00
1 P,ol.e Bldgs/Barns
,..___u,_
3 Sheds $ 204.85 $ 2,80 $ 207,65 $ 5,600.00
----. Swimming Pools
- .
11 Chimney/Stove/Fireplace $ 590,50 $ 9.90 $ 600.40 $ 19,245.94
1 Structural Changes $ 102.71 $ 1.00 $ 103,71 $ 2,000,00
1,--- $ $ 13.00 $ $
9 Porches/Decks 922.53 935,53 25,400,00
-
-.---- Repair Fire Damage
8 Re-Roof $ 320.00 $ 10.45 $ 330.45 $ 20,502.00
_..--~-
1 Other $ 512.76 $ 11,20 $ 523.96 $ 22,400,00
-
-. SUBTOTAL $ 19,855.85 $1,170.60 $ 21,026.45 $ 2,366,914.94
56
I on
PERMITS I FEES COLLECTED
56 Building Permits $ 19,855.85 $1,170,60 $ 21,026.45 $ 2,366,914,94
~--- ~~ Building
,..--- ~':l!b_ Cut ---.-
Demolition
2 Footing $ 30.00 $ 30.00
Renewal
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: HOVEMBER 6, 1996
AGENDA SECTION
NO. Non-Discussion / Consent Agenda
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Frank Stone - Public Works
Superintendent
BY:
ITEM
NO. 27 ADD-ON - Hiring of Public Works
Personnel
Mr. Ron Scott, Streets & Highways and Sign Department, submitted a Letter of
Resignation to me on Monday, November 4, 1996. He will resign from his position
within the Public Works Department effective Monday, November 18, 1996. The reason
for his resignation is that he is starting his own business. Mr. Scott has done a superb job
and he will be missed. We wish him all the best as he pursues future dreams and
aspirations.
Item No, #27 requested we hire two replacement people for Public Works, Due to Mr.
Scott's unexpected departure, we now approach Council requesting they add one more
person to this list for the Streets & Highways Department. The person we have in mind is
Andrew A. Karney, an Andover resident who was the Committee's second choice from
the six interviewees for the Streets Department. Given Mr. Karney's background, we feel
that he will prove beneficial to the City of Andover for years to come.
FILE: GIMSWORDICII06962,DOC
MOTION:
SECOND:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE:HOVEMBER 6, 1996
AGENDA SECTION
NO. NON-DISCUSSION / CONSENT
AGENDA
ITEM
NO. 36 ADD-ON - APPROVE BIDS FOR
SURPLUS CITY PROPERTY
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
Frank Stone - Public Works
Superintendent
THE BID SUMMARY SHEETS ARE ATTACHED, WE REQUEST COUNCIL TO
APPROVE THE SALE TO THE HIGHEST BlDDER(S) AS SET OUT ON THE
TABULATED SHEETS. AS ALWAYS, MAYOR AND COUNCIL RESERVES THE
RIGHT TO REJECT ANY AND ALL BIDS AND TO AWARD THE SALE IN THE
BEST INTEREST OF THE CITY.
SECOND:
MOTION:
ITEMIZED LISTING OF BIDS FOR
SALE OF SURPLUS CITY PROPERTY
ITEM # BID ITEM
BID
AMOUNT
NAME
RHONDAMCDONALD
TOM RAINALDO
MARGARET WEIS
HERB BLOMMEL
RAY SOW ADA
WILLIAM KELLERMANN
JERRY KROLL
DENNIS MADDEN
002 COFFEE MAKE - REGAL 10 CUP
003
KEVIN STARR
JERRY KROLL
004 OFFICE CHAIR - BLACK
005 PRINTER COVER - JENSEN
006 OFFICE CHAIR - ORANGE
007 OFFICE CHAIR - UPHOLSTERED,
BLACK
008 OFFICE CHAIR - LEATHERETTE,
BLACK
011
FILE CABINET - 5 DRAWER, MET AI., 13.60
5,00
3,00
2,00
TOM RAINALDO
HERB BLOMMEL
RAY SOWADA
-orr FlLEiCABINET* 4DRAWER,METAL 20,00 -CWI)'if'PR1IVTPk' --:-
. '. 'i.' 'c' .......... ii .....
16.00 CHRIS OLSON
15,92 SCOTT ERICKSON
11.00 TOM RAINALDO
8.00 HERB BLOMMEL
7,60 DENNIS MADDEN
6,00 BARRY OLSON
]IT ...,- J'Altl1fiUN."iFP nn~'T' ^,;"fplN(},i ------ 350. 0iii :-D'E:1'11~1~~A I H)EN"'0ii ....--ii
i ".
liif[~fiT('i "'. C>." '" ..' _i....... ....
.. .......ii ....... ........iiii ..... .. iii ...... 'ii.. ,..i ....ii.ii.. iiiiii .'
~....-- ...,- FILECABINE1'i..A.DRAWER;ME.IAL 16,00 ..ruuJSO~iii ---
v.".i .. i
15.51 SCOTT ERICKSON
10,00 HERB BLOMMEL
7,60 DENNIS MADDEN
2.75 KEVIN STARR
"(}15 .. COATRM'Ki "6'"u{"\ryf"v -- " -5-.pOT -- . - - MARGARETWEIS..i14471.NW
'" I
i ............ I i...... KERRYiSTREET,ii\NDP\lER.
'. .... i'
." ...... .... .ii./ ..... i ......... ". ..... ..... ............... .i...... ." 421"8345
2.00 HERB BLOMMEL
lill>.i. - BATHROOM SOAP DISPENSER 1.00 lJ~ ITC'NlfAllI1FN ....... ...... ..' ......
.... . .'~:\' '--'z' ........'c--c. .ii'
017 BATHROOM SOAP DISPENSER
018 WATERING CAN
019 -w.ALLSPEf KPR . ....-- .' ,-fE{fO. 7 , ..U^Uu,ynl~()N' 7..ii' ".
.'
.... ....,. / i .... ..' i .. ......7-.. ..... ..... ....
3.50 DENNIS MADDEN
3,50 KEVIN STARR
3,00 SCOTT HAUTALA
2.50 WILLIAM KELLERMANN
2,00 TODD HAAS
'020.'. " "WALL'SPEf K~ :-iii' i ....-- ---i ~"'.."" iii ............i. RARR.Y0T~()N------ .... ..
......... C.ii ........... ....... ......... . n .""~.'-'~...""~ ...iii . ....
3.50 DENNIS MADDEN
3,50 KEVIN STARR
3,00 SCOTT HAUTALA
2
WALL SPEAKER, (CONTINUED)
2.50
2,00
WILLIAM KELLERMANN
TODD HAAS
DESK - 2 DRAWER, METAL BLACK
023 TYPING TABLE - ASSEMBLED
BATHROOM TISSUE DISPENSER
BATHROOM TISSUE DISPENSER
BATHROOM TISSUE DISPENSER
RHONDA MCDONALD
DENNIS MADDEN
650,00
626.00
575.00
501.00
RAY SCHAMHORN
CHRIS OLSON
SCOTT HAUTALA
BARRY OLSON
3
-o29( .... 1989 <JI-IEYX 4x:.4...PIC.I<lJg.\Y!Tt1..Z
,... .......
... .... ...... .... 112'...WESTERN....PLOW,..CGONTINUED)
389,00 CHRIS OLSON
318,00 DENNIS MADDEN
303.00 IRWIN RUSSELL
275.00 JEFF MIKULAK
257.00 JERRY KROLL
152.00 SCOTT ERICKSON
51.00 WILLIAM KELLERMANN
5,00 TODD HAAS
""GI0 -- ROTARYMOWER-JoB.NDEERB 351,00 .CHRl:S()I~<;<9~\\r.,> ... .....
..... I... .... -.,' .... ... -...."1':'7 ..........ii. ....... ...
326,00 GREG LEMES
300.00 BOB DEHN
114,99 ROBERT WIRTH
33,50 DENNIS MADDEN
28,00 CHRIS OLSON
25.00 LUANN DARVEAUX
~031 .. ~TNE1BSA\y. ....,.-i\.. .... 840,00..... ... .SC\JFl~UTp..Li\>i..'. . ..... . ... ..
............... . .... ..... ... ........../ I ._L~' '"7"'''' .....
27.00 IRWIN RUSSELL
23,50 JERRY KROLL
032 LAWN MoWER -LAWNBOY 1~50~ ............. JERRy"ll"RDM ..... ~ c-.~ ...
............ ....... ... ..7.....,....:777.....i. .... ....
[033... ... OVERHEAD PROJECTOR ,]jlO,. ---:c... ~i.-i Inl;'NNT~AI1UbN ~0
........... .... ... ."7 ..."'''-' ........
2,75 KEVIN STARR
1.00 SCOTT PROTlVINSKY
-o34~ . I""WATERFOlJJ)ffAIN -l<T Tf(y~.. / I@O\... ........., .\.,... WENNIS"'MAnrwN .........
.' c-; ..?~." ',..., ..---.. .... ....... .,..~>... ........ . ., '., ,__J-.... '~ ".'>......
035 OFFICE SUPPLIES - BOX OF MISe.
'036 IAA}'~BO. ....... .......... ... 175.00, ....... JEFF...MIKULAK.-.14297ZlLLA
---
. ..... ... .... ........ .................. .. ... ..... . ...... .......i ST"ANDOYEB.434-0S.82.
152,00 SCOTT ERICKSON
101.00 LUANN DARVEAUX
4
036 GAZ]~BQ,(CQ}l'TI1'-Tugl))
53.50 DENNIS MADDEN
51.00 SCOTT PROTlVINSKY
41,50 JERRY KROLL
037 VACUUM CLEANER - SINGER,
CANISTER
038 MAT FOR OFFICE CHAIR
039 .. .. J)lSPLj\ y'"(5A13I 1<lb' r,~i\l1<Tl,ESSi .. i25,Oq = 'S:rOTL \-i ~ lI'l{~01,r 77 '""7
.... ii - cc i.i
.... STEEL. .... .. ....>>> / .... ... > .............iii ..... .... ........<>i .... i ....................ii<........ i / .
20.50 SCOTT PROTIVINSKY
7,50 DENNIS MADDEN
1.00 WILLIAM KELLERMANN
040 MEMORY\VR1TERFXEROX. i17.6O-i -- i ~1~'MAnllFN7
.>... ) _ ... .... . ... c... ..... // ....... ...
13.07 JERRY KROLL
10.00 JEFF MIKULAK
5,00 WILLIAM KELLERMANN
]41 i..... MAINFRAME. COMPUTER SYSTEM I 7.00> 77 7 IJQycp~J!^ . ---i77>...... ......
... ...i.i..........i..>i
.. .....MICROV'AXiDECSYSTEM .> .... ..>i.. ................ ..>/ .i iiii. ii........... ... ........
042 ROLODEX- BOXOFiMlSC. -2.01..... .......... .ii \VlLLIAMI<ELLERMANN
... .......i <
1.50 DENNIS MADDEN
1 ,50 TOM RAINALDO
'043.. Il\-iSKA~b.K(1~("AN1/F~ --- ....12.00 .......... HERBBLOMMEI./..J3776
.... .V~ ",' ",'" --.-- ..... .... CR.OCPSiSTREETNW,
... / .... ...... / .. I .............................. ..>> ... A'NI)QYER,i72Q-0453
044 CARD FlLE
---
045 COMPUTER ARM - DESK MOUNTED
-046 ... -nRAF.fINGTP Rl..PA!>cM. .................. ... 4.00 ........ ...... HERB...BLOMMEL+i13776
.. ) CROCPSSTREP1'NW.;
... ..... .... .. ..... ANDOVER720-0453
1.17 JERRY KROLL
5
.047 ... l}tI-DvVK11tKLARLE ...... ........ 8.00< ......... ..RAR.Rynl.SAN .. . ....
(UN.K(1(1r;'\;fRLEDY..... ....... .",'
... ................................. < / .... .......... ...... ....... ............... .................. ...... ../ ..............
2.13 JERRY KROLL
048C COMPUTERACCESSORIES ..1.7J/i/ ............... 'JERRY. K ~ AlT.................... ......... ........
..... ...... ................ ...................................... / ..
049 / WA:'iHI-<.K-.hl',r ii........./ ................ 13.50......... ..... ........... 'l)bNN1SMAIII)PNi .. .......
....... ...... ........ .../.. ...... -c. ~.... .... .... ........ ............ ......
,
050 WSPLAyrA HH'Itl ,8TA lNTPS:S: ... 25.00............ ......... I~CUlJP.R1c..~~. / ......... .......
... ...... ...... ......
CSlttL .. ......./.. .... / .... ....... ....................... / ........ ......................... ...... ...
21.00 SCOTI PROTIVINSKY
7.50 DENNIS MADDEN
1.00 WILLIAM KELLERMANN
050A HUICH,METAlRl.ADTC ........... ...... ... ..... 7,60 ..................../ ubNNl~MAnnPN......... ..... ......
-, ..../. ...... .......... ........ .............. ...... ......... ............. ............ .....
3.00 BOB DEHN
2.00 CHRIS OLSON
1.75 SCOTI PROTIVINSKY
050D UKYbK ...... ......./ ...... ......./...... ................... ...... .... . J.5Oi....ii IIFNNI~MAIIIIFN ...... ..... /
....... ..... ......... ....... ........ .. ~........ ...... /....... ................
051 DESKTOP
052 DESKTOP
053 DESK - 2 DRAWER
054 SDRAWE1t .......... ....... 17,00/..... ..C:HKlsnrSON/......
....... ...... ....... ......../ ......................../ .... .............. ..................... , .. .----... ....., .... ... ......... ...../..... ..... ... ........
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32.00 BARRY OLSON
25,00 JEFF MIKULAK
17,21 SCOTI ERICKSON
13.07 JERRY KROLL
12.00 CHRIS OLSON
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7
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: November 6. 1996
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott Erickson,
Engineering
ITEM NO. 35.
Approve RequesUKottkes' Bus Service/
Utilize Ponding Area for Snow Storage
The City Council is requested to table this item to the next City Council meeting on November
20, 1996 so that additional information can be provided.
KOTTKES' BUS SERVICE, INC.
13625 JAY STREET . ANDOVER, MINNESOTA 55304 · PHONE 755-3100
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD NW
ANDOVER, MN 55304
11/6/96
TO THE CITY OF ANDOVER:
KOTI'KES' BUS SERVICE OBJECTS TO THE AMOUNT OF PROPOSED ASSESSMENTS
TO THE FOLLOWING PROPERTIES.
34 32 24 41 0007 $31,485.81
34 32 24 41 0008-(EAST) $58,035.44
34 32 24 41 0008-(WEST) $58,035.44
34 32 24 41 0010 $58,035.44
34 32 24 41 0003 $38,282.87
34 32 24 41 0005 $27,283.86
TOTAL PROPOSED: $271, 158.86
KOTI'KES' BUS SERVICE, INC. FEELS THE PROPOSED ASSESSMENTS ARE
EXCESSIVE AND FAR BEYOUND ORIGINAL ESTIMATES.
SINCERELY,
~~~1~
LLOYD W. HANSON
PRESIDENT
ABC MINI-STORAGE, INC.
13624 HANSON BLVD, N.w, . ANDOVER, MINNESOTA 55304. PHONE 757-8485
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD NW
ANDOVER, MN 55304
11/6/96
TO THE CITY OF ANDOVER:
ABC MINI -STORAGE, INC. OBJECTS TO THE AMOUNT OF PROPOSED ASSESSMENT
TO THE FOLLOWING PROPERTY.
34 32 24 41 0011
$62,366.44
THE PROPOSED ASSESSMENT IS WELL IN EXCESS OF ORIGINAL ESTIMATES
OF ABOUT $48,000.00
SINCERELY,
e:ltJ./Iu--
LLO W. HANSON
PRESIDENT
DATE November 6. 1996
ITEMS GIVEN TO THE CITY COUNCIL
Planning and Zoning Minutes - October 8 1996
City Council Minutes - October 15. 1996
Planning and Zoning Minutes - October 22. 1996
Anoka County Sheriff Report - October 17, 1996
Ordinance No. 33F
Ordinance No, 115
Ordinance No. 116
Ordinance No. 8RRRR
Antenna Tower/Lease Agreement/APT. Inc,
Timer Oaks Estates Preliminary Plat
Revised Grading Plan/Crown Pointe
Revised Grading Plan/Crown Pointe East
Schedule of Bills
PLEASE ADDRESS THESE ITEMS A T THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
~
C, C. mi, 11ft/it,.
Office of
ANOKA COUNTY SHERIFF
LARRY PODANY
325 East Main Street Anoka, Minnesota 55303-2849
612-323-5000 Fax 612-422-7503
RECEIVED
OCT 2 2 1996
October 17th, 1996 CITY OF ANDOVER
Mayor Jack McKelvey
City of Andover
1685 Crosstown Blvd, N.W,
Andover, MN 55304
Dear Mayor McKelvey:
The September Calls For Service Law Enforcement Report and
Municipality Arrest Report are attached for your review, Should
you have any questions or concerns please contact me at my office,
754-4545.
Sincerely,
~_. ~~
(~p~en Christ
Patrol Division
LC:nc
Attachments
Affirmative Action I Equal Opportunity Employer
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CITY OF ANDOVER
MONTHLY CONTRACT PRODUCTIVITY REPORT
MONTH: SEPTEMBER
, 1996
This report reflects the productivity of the Andover contract cars,
lZ25, 2Z35, 3Z45, 4Z45 and 4Z55. It does not include activity by
Sheriff's Department cars within the City during non-contract
hours, nor, activity by other Sheriff's department cars within the
City during contract hours or activity by the Community Service
Officers.
Arrests: Traffic 102
DWI
1
Radio Calls: 581
Complaints: 389
Medicals: 15
-
P,I. Accidents 5
-
P.D. Accidents 16
House Checks 11
Arrests: Felony
1
G.M,
3
Misdemeanor 11
Arrests: Warrant
4
Papers Served:
Aids: Public
2
Business Checks 548
36
Other Agency____126_
TOTAL MILES DRIVEN:
13,754
CAPTAIN LEN CHRIST
ANOKA COUNTY SHERIFF'S DEPARTMENT
PATROL DIVISION
-8-
CITY OF ANDOVER
MONTHLY PRODUCTIVITY REPORT
COMMUNITY SERVICE OFFICER
MONTH: SEPTEMBER
, 1996
This report reflects the productivity of the Andover Community
Service Officers, 5Z47. It does not include activity by Sheriff's
Department contract or non-contract cars within the City.
YEAR TO DATE:
1996
Radio Calls: 132 972
Complaints: 3 43
Accident Assists: 4 32
Medical Assists: 4 21
Aids to Public: 53 789
Aids to Agency: III 1,337
-
Vehicle Lock Out: 26 173
Extra Patrol: 84 447
-
House Checks: 10 588
-
Business Checks: 179 1,573
-
Animal Complaint: 52 371
-
Traffic Assists: 4 26
Miles Driven: 4,685_ 42,176
CAPTAIN LEN CHRIST
ANOKA COUNTY SHERIFF'S DEPARTMENT
PATROL DIVISION
-8a-
SITE LEASE AGREEMENT
TIllS SITE LEASE AGREEMENT ("Lease"), made this _ day of
. 19-, between City of Andover ("Landlord"), and APT l\vfinneapolis Inc., a
corporation organized and existing under the laws of Delaware ("Tenant"),
FOR GOOD AND VALUABLE CONSIDERA nON, the panies agree as follows:
1. Leased Prcmi5CS. Subject 10 the: te:un:; and conditioll3 of thi5 Le<1:5C, LlUldlord hcrcby
leases to Tenant and Tenant leases from Landlord a portion (140 Sq. Ft, generally 10' by 14' for
radio equipment placed inside of walet' towel' stmcture) of Landlord's property located at 1717
Crosstown Blvd, City of Andover, State of Minnesota, legally described in Exhibit A attached
hereto (Leased Premises), subject to any and all existing easements, Landlord also leases to
tenant a portion of the tower located On the property (Tower), as more particularly sho\\TI in
Exhibit B (Site Plan) attached hereto, and including the actual location on the tower at which
directional antennas, (three (3) groups of three antennas, connecting cables and appurtenances
~jll be attached and located, the exact location of each to be reasonably approved by Landlord's
City Engineer, together With appurtenant easements for power and telephone and access rights
("Leased Premises").
2. &nt,
a. Amount. Adjustments. As consideration for this Lease, Tenant shall pay
Landlord an annual rent in the amount of $12,000,00 for the initial year, which shall be increased
each year on January I, by the greater of: (i) four percent (4%) of the previous year's annualized
rental, or (ii) by an amount equal to the increase in the Consumer Price Index ("CPI"), The CPI
shall mean the "Consumer Pricc Index for All Urban Consumers, All Cities, All Items (1984 =
100)" as published by the United States Department of Labor Statistics, or if such index shall be:
discontinued, the successor index, or if there shall be no succeSSOr index. such comparable index
as mutually agreed upon by the parties, To determine the annual rental increase to be paid by
Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a
percentage figure, computed from a fraction, the numerator of which shall be the CPI for the
third quarter of the preceding year and the denOminator of which shall be the CPI for the
corresponding quarter of one year earlier. Such fraction shall be converted to a percentage
equivalent. The resulting percentage fixture shall be multiplied by the previous year's rent
(annualized for the first year, see paragraph 4 below).
b. Time ofPavment. Taxes. Landlord shall communicate all rental increases to the:
Tenant in writing by the preceding December 1 of each year, The annual rental shall be paid
before January 1 of each year. For the first year, the rental shall be pro rated through December
31 and shall be paid to Landlord in fuI1 ] 0 days after the Commencement Date, Tenant agrees to
timely pay any increase in real estate taxes or any governmental charge or assessment (other than
such charges levied by the city) directly attributable to Tenant's Occupancy, use Or operations on
the: prem~ses In the event that the real estate tax assessment on Landlord's property reflects
Tenant's Improvements, landlord agrees to provide to tenant in a timely manner, a copy of the
l:13 39l;1d
AGl;1 Alll;13~ ~l;1lnnl30
96SI>I>SSl:!9
9!:L! 966I/IS/0!
assessment. Tenant may contest, at its expense, any assessment imposed on the Premises or
Tenant's activities,
3, Governmental Anproval Contingency.
a. Tenant ADDlication. Tenant's right to use the Leased Premises is eXl'lessly
made contingent upon its obtaining all the certificates, permits, zoning and other approvals that
may be required by any federal, state, Or local authority, This shall include the engineering study
llpecified in Section 17 below on the Structure to be conducted 8t Tenant's expense. Landlord
shall take no action which would adversely affect the status of the Leased Premises with respect
to the Tenant's proposed use thereof.
b. Interference Study, Before obtaining a building pennit, Tenant must pay tor the
reasonable cost (not to exceed $300 with respect to subparagraph (i) below and not to exceed
$3000.00 with resJX:ct to subparagraph (ii) below) of (i) a radio frequency interference :itudy
carried out by an independent and qualified professiol1lll selected by the Landlord showing that
Tenant's intended use will not interfere with any existing communications facilities, and (ii) an
engineering study showing that the structure is able to support the Tenant's Antenna Facilities, as
defIned in subparagraph 5(b), without materially adversely affecting the City's use of the
Structure. If the study finds that there is a potential for interference that cannot be reasonably
remedied or for prejudice to the Strocture, Landlord may tenninate this Lease immediately and
refund any initial rental payment to Tenant
c. In the event that any such applications should be finally rejected or any
certificate, pennit, license, or approval issued to Tenant is canceled, el\;pires, lapses, or is
otherwise withdrawn Or terminated by governmental authority so that Tenant, in its sole
discretion. will be unable to use the Leased Premises for its intended pwposes, Tenant shall have
the right to tenninate this Lease and be reimbursed for any rental payment if made pursuant to
Section 2 (b) above, Notice of Tenant's exercise of its right to terminate shall be given to
Landlord in writing by certified mail, return receipt requested, and shall be effective Upon receiPt
of such notice by Landlord as evidenced by the return receipt. Except as may be otherwise
provided in this lease, upon such termination, this Lease shall become null and void and the
parties shall have no further obligations to each other.
4, Term and Renewals. The "Initial Tenn" of this agreement shall begin 011 the
Commencement Date and shall end on December 31, 2001. The Commencement Date shall be
the date in which all Conditions Precedent detailed in Exhibit C have been met, or February 1,
1997. whichever is earlier. Tenant shall have the right to extend this Lease for three (3)
additional five (5) year renevval periods ("Renewal Tenn") commencing on January 1 following
the expiration dale of the Initial Term or of any subsequent Renewal Tenn, This Lease shall be
automatically renewed for each successive Renewal Tenn unless Tenant sends written notice of
Don-renewal to Landlord no later than ninety (90) days prior to the expiration of the Initial Tenn
or any Renewal T enn, such notice provided in accordance with paragraph 22 of this Lease.
-2-
Ell 39';1d
^G';1 A1l';13~ ~';1lnnl30
96!:lt>t>!:lS1:19
9!:LI 966!/!E/ll!
5. Tenant's Use.
a User Priority. Tenant agrees that the following priorities of use, in descending
order, shall apply in the event of communication interference or other conflict while this Lease is
in effect, and Tenanfs use shall be subordinate accordingly:
1. Landlord;
2. Public safety agencies, including law enforcement, ftre, and ambulance
services that are not part of the Landlord;
3. Other governmental agencies where use is not related to public safety; and
4. Government-regulated entities whose antennae offer a serviCi: to the
general public for a fee in a manner similar to a public utility, such as long
distance and cellular telephone, not including radio or television
broadcasters.
b. Pumoses. Tenant shall use the Leased Premises only for the purpose of
Wsmlling, ~ning, and operAting A LaudIord-l1ppravcd, which approval Slllill not be
unreasonably withheld or delayed, communications antenna fucility, equipment, cabinets and
uses incidental thereto for providing radio and wireless telecommunication services which
Tenant is legally authorized to provide to the public. This use shall be non-exclusive, and
Landlord specifically reserves the right to allow the Leased Premises to be used by other p3rties
and to make additions, deletions, or modifications to its own facilities on the Leases Premises.
Tenanfs communications antenna facility shall consist of antennas, along with cables and
appurtenances connected to a cabinet located on the Leased Premises ("Antenna Facilities"),
Tenant shall have the right to determine the location of the antenna facility , subject to the
Landlord's approval. which approval shall not unreasonably be withheld or delayed. Tenant shall
comply with all applicable ordinances, statutes and regulations of local, state and federal
government agencies.
c. Construction. Tenant may erect and operate an antenna array in accordance with
its submitted application attached as Exhibit B. If Tenant seeks to increase the number of
antennas, it must ftrst pay for an evaluation carried out by a qualified professional, retained by
Landlord demonstrating that (i) each additional antenna will not interfere with existing antennas
or with proposed antennas and that (ii) any Structure can structurally support the additional
antennas. The cost of such antenna evaluation shall not exceed $500.00 and structural evaluation
shall not exceed $3,000.00, must be paid by the Tenant within thirty (30) days after receiving
written notice of the cost. Landlord must consent to installation of additional antennas, such
consent will not be unreasonably withheld or delayed. If Landlord consents, the parties will
negotiate the amount of additional rental for the antennas,
d. Qperation. Tenant shall have the right, at its sole cost and expense, to operate
and maintain the Antenna Facilities on the Leased Premises in accordance with all applicable
FCC rules and regulations. Tenant's installation of all Antenna Facilities shall be done according
to plans approved by Landlord, which approval shall not be unreasonably withheld or delayed.
Any damage done by Tenant, its employees or agents to the Leased Premises or other Landlord
property including the Structure during installation or dwing operations, shall be repaired at
-3.
1>0 39~d
^a~ All~3~ ~lnll38
96gI>I>SS2:19
91:Ll 9661/1E/Ol
Tenant's expense within thirty (30) days after notification of damage, The Antelilla Facilities
shall remain the exclusive property of the Tenant, unless otherwise provided in this Lease,
e, Maintenance. Improvement Expenses, All modifications to the Leased Premises
and aU improvements made for Tenant's benefit shall be at the Tenant's expense and such
improvements, including antenna, facilities and equipment, shall be maintained in a good state of
repair, at least equal to the standard of maintenance of the Landlord's facililies on or adjllCC:n110
the Leased Premises, and secured by Tenant. If Tenant's AntelUla Facilities are mowlted on the
Structure, they shall at a1l1imes be painted at Tenant's expense the same color as the Structure,
f Reolacements. Before the Tenant may update or replace the Antenna Facilities,
Tenant must notify and provide a detailed proposal to Landlord Tenant shaJl submit to Landlord
a detailed proposal for any such replacement facilities and any other information reasonably
requested by Landlord of such requested update or replacement, including, but not limited to, a
technical study carried out at Tenant's expense. Landlord may not unreasonably withhold or
delay approval,
g, No Interference, Tenant shall, at its 0~'Il expense, maintain any equipment on
or attached to the leased Premises in a safe condition. in good repair and in a manner reasonably
suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord.
Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure
and shall not interfere Vl'ith the working use of the water storage facilities thereon or to be placed
thereon by Landlord.
h. Access. Tenant, at all times during this Leasc, shall have access to the Lc:a:;c:d
Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall request
access to the Structure twenty foul' (24) hours in advance, except in an emergency, and
Landlord's approval thereof shall not be unreasonably withheld or delayed, In the event it is
necessary for Tenant to have access to the Structure at some time other than normal working
hours of landlord, landlord may charge Tenant for whatever expense, including employee's
wages, that landlord may incur in providing such access to Tenant.
i. PaYment of Utilities. TcnlU1t shall separately meter charges for the conswnption
of electricity and other utilities associated with its use of the Lell3ed Pl"Clni:les and shall pfUmpLly
pay all costs associated therewith..
6. Emergencv Facilities. In the event of a natural or manmade disaster. in order to
protect the health, welfare, and safety of the community, Tenant may erect additional Antenna
FaCilities and install additional equipment on a temporary basis on the Leased Premises to assure
continuation of service. Such temporary operation shall not exceed ninety (90) days unless
Tenant obtain written approval from the Landlord.
7. Additional Maint~ce Expenses. Upon notice from Landlord, Tenant sllitll wilhin
30 calendar days, pay to Landlord all reasonable additional Landlord expenses incum:d in
maintaining the Leased Premises, including painting or other maintenance of the Leased
Premises, that are caused by Tenant's Occupancy of the Leased Premises.
-4-
SO 39\;1d
AG\;I A11\;l3~ ~\;Ilnn138
96St>t>SS2:!9
9!:L! 966I/!E/O!
8. Additional Buildings. Tenant acknowledges that Landlord may permit additional
buildings to be constructed on the property described in Exhibit A. At such time as this may
occur, Tenant will permit said buildings to be placed immediately adjacent to Tenant's building
and \\ill allow "attachments" to its building SO as to give the appearance that all buildings are a
connected facility. Said attachments will be made at no cost to Tenant, will not compromise the
structural integrity of Tenant's building, and will not unreasonably interfere with the: opt:Iation
and maintenance of Tenant's Antenna Facilities.
9. Defense and Indemoification,
a General. Tenant and Landlord each, indemnify the other and agree to defend,
indemnify and hold each other hannless including their respective elected officials, officers,
employees, agents and representatives from and against any and all claims, costs, losses,
expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other
costs and expenses of litigation arising out of the use and occupancy of the Leased Premises by
Tenant, and which may be asserted against or incurred by either party or for which either party
may be liable in the performance of this Lease, except to the extent that the samt: lIIiS(: from the
negligence, INillful misconduct, or other fault of either party
b. Hazardous Materials. Without limiting the scope of subsection 9 (a) above,
Tenant wiU be solely responsible for and will defend, indemnifY. and hold Landlord, its agents,
and employees hannIess from and against any and all claims, costs, and liabilities, including
attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of the
Leased Premises associated "1th the Tenant's use of Hazardous Materials, other than batteries or
other hazardous materiallS ~d in the ordinary course of Ten ant's business in accordance w1th all
applicable laws and regulations. For the purposes of this Lease, "Hazardous Materials" shall be
1ntetpreted broadly and specifically includes, without limitation, asbe:stos, fuel, batteries or any
hazardous substance. waste, Or materials as defined in any federal, state, or local environmental
or safety law or regulations including. but not limited to, CERCLA. Landlord represents that
Landlord has no knowledge of any substance, chemical or waste. on the Landlord's property that
is identified as hazardous, toxic, Or dangerous in any applicable federal, state or local regulation.
c. Tenant's Warranty. Tenant represents and warrants that, other than with respect
to the use of storage batkries and other hazardous materials used in the ordinary course of
Tenant's business in accordance with applicable laws and regulations, its use of the Leased
Premises will not generate and Tenant will not store or dispose of on the Lcast:d Pn:mist:s, nor
transport to or OVer the Leased Premises, any Hazardous Materials.
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10. lnsurance,
a Workers' Comnensation. The Tenant must maintain Workers' Compensation
insurance in compliance with all applicable statutes. The policy shall also provide Employer's
Liability coverage with limits of not less than $500,000 Bodily Injury each accident, $500,000
Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each emplo)'tX.
b, General Liability, The Tenant must maintain an occurrence form
comprehensive general liability coverage, Such coverage shall include, but not be limited to,
bodily injury. property damage ~- broad form. and personal injury, for the hazards of
Premises/Operation, broad fonn contractual, independent contractors, and products/completed
operations.
The Tenant must maintain aforementioned comprehensive general liability coverage ~ith
limits of liability not Ie:;::; than $1,000,000 each occurrence; $1,000,000 personal and advtmising
injury; $2,000,000 general aggregate, and $2,000,000 products and COlupleleu opeIi.1liollS
aggregate, These limits may be satisfied by the C<lmprehensive general liability coyerage or in
combination with an umbrella or excess liability policy, provided COVefage afforded by the
umbrella or excess policy are no less than the underlying comprehensive general liability
coverages.
c. Tenant Property Insurance. The Tenant must keep in force for the duration of
the Lease a policy covering damages to its property at the Leased Premises. The amount of
coverage ::;hall be sufficient to replace the damaged property, loss of use and comply with any
ordinance or law requircmenu.
d. Adiustment to Insurance COveraQe Limits, The coverage limits set forth herein
shall be increased at the time of any Renewal Term by the greater of the Consumer Price rndex as
calculated under paragraph 2(a) Or ten percent (10%).
e. Additional Insured. Certificate of Insurance. The Tenant shall provide, prior to
tenancy, evidence of the required insurance in the fonn of a Certificate of Jnsurance issut:d by a
company (lated A+ or better), licemed to do business in the State ofl\1innesota, which mcludes
all coverages required in this paragraph 11, Tenant wilJ name the Landlord as an Additional
Insured on the General Liability Policy, The Certificate(s) shall also provide the Cuvcmgc may
not be canceled, non-renewed. or materially changed without thirty (30) ~ys prior ....TittcD notice
to the Landlord.
f. Waiver of Subrogation, Notwithstanding anything in this Lease to the contrary,
each p~ fe.leases the other party from all liability, whether for negligence or otherwiSt:, in
COnnectiOn WIth any loss covered by any policies which the releasing party carries with respect to
such property, but only to the extent that such loss is collectible under such insurance policies.
Any policy required to be obtained p\lfsuant to this Lease shall contain a waiver of subrogation in
faVor of the other party hereto.
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11. Damage or Destruction. If the Leased Premises is destroyed or damaged, without
contributory fault of the Tenant or its agents. so as, in Tenant's judgment, to hinder its effective
use of the Antenna Facilities, Tenant may dect to tenninate this Lease upon thirty (30) days'
written notice to Landlord. In the event Tenant elects to tenninate the Lease, Tenant shall be
entitled to reimbursement of prepaid rent covering the period subsequent to the date of damage to
Or destruction of the Leased Premises.
12. Lease Tennination,
a Events of Tennination, Except as otherwise provided herein, this Leas~ may be
tenninated by either party upon sixty (60) days written notice to the other party as follows:
(i) by either party upon a default of any covenant or tenn hereof by the other
party, which defaUlt is not cured within sixty (60) days of receipt of wrinen
notice of default to the other party (without, however, limiting any other
rights of the parties pursuam to any other provisions hereo1);
(ii) by Tenant for cause if it is unable to obtain or maintain any license, pennit or
other govenunental approval necessary for the consnuction and/or operation
of the Antenna Facilities or Tenant's business;
(iii) by Tenant for cause if the Leased Premises is Or becomes unacceptable for
technological reasons under the Tenant's AnteIUla Facilities, design or
engineering specifications or the communicatio~ systems tu wltkh the
Antenna Facilities belong;
(iv) by Landlord if it detennines. based on a report by an independent structural
engineer, that the Structure is structurally unsoWld, including, but not limited
to, consideration of age of the structure, damage or destruction of all or part
of the Structure on the Leased Premises from any source, or factors relating
to condition of the Leased Premises;
(v) By Landlord if the City Council decides, in its sole &;crc:tiun and for any
reason. to redevelop the Property and/or discontinue ~c of the PlOpcny for
all purposes including the current water tower. Landlord shall provide
Tenant with a minimum of twelve (12) months notice prior to termination
and shall not discontinue use of the Property dwfug the first five year te-Illl of
this Lease.
(vi) by Landlord if it detennines that Tenant has failed to comply with state or
fedexal Jaw, or any conditions attached to government approvals granted
thereunder, within 60 days after notice of violation, after a public hearing
before the Landlord's Council.
, b, ,Notice of Te~ination. The parties shall give notice of tenu!lIatiull iu writing
by certified mall, return receipt requested, Such notice shall he effectiyc upon rco;cipt d5
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evidenced by the return receipt. All rentals paid for the Lease prior to said termination date shall
be retained by Landlord,
c. Tenant's Liability for Earlv Tennination. If Tenant tenninates this Lease other
than for cause or of right as provided in this Lease, Tenant shall pay to Landlord as liquidated
damages for early termination, 1000/0 of the annual rent for the year in which Tenant tennmates,
unless Tenant terminates during the last year of any Term under paragraph 4 and Tenant has paid
the annual rental for that year.
d. Site Restoration, In the event that this Lease is terminated or not renewed,
Tenant shall have sixty (60) days from the 1ennination Or expiration date to remove its Antenna
Facilities and related equipment from the Leased Premises, repair the site and restore the surface
of the Structure. In the event that Tenant's Antenna Facilities and related equipment are not
removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned and
become the property of the Landlord, and Tenant shall have no further rights thereto. Tenant has
notified the Landlord that the following entities have an interest in the Antenna FaClhtles and
related equipment because of financing arrangements:
If Landlord removes the Antenna Facilities or related equipment, Landlord must give written
notice to the above entities at the addresses provided, infonning them that Antenna Facilities or
related property have been removed and will be deemed abandoned ifeot claimed and the storage
fees and other reasonable costs paid within thirty (30) daY3.
13. Temporar" IntelTllDtions of Service. If Landlord determines that continued operation
of the Antenna Facilities would cause or contribute to an immediate threat to public health and/or
safety (except for any issues associated with human exposure to radio frequency emissions,
which is regulated by the federal govenunent), Landlord may order Tenant to discontinue its
operation. Tenant shall immediately comply with such an order. Service shall be discontinued
only for the period that the inunediate threat exists. If Landlord does not give prior notice to
Ta:laIlt, Landlord shaIlnotifY Tenant as soon as possible after its action and give its reason for
taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in
Tenant's service or interference with Tenant's operation of its AntclUla Facilities, except as lllay
be caused by the negligence or willful misconduct of the Landlord, its employees ur agents. If
the discontinuance extends for a period greater than three (3) days, either consecutively ur
cumulatively, Tenant shall have the right to tenninate this Lease within its sole discretion for
caUSe and without payment of a tennination fee.
14, Interference with the Structure. Tenant shall not interfere with Landlord's use of the
Structuce and agrees to cease all such actions which Wll'easonably and materially interfcr~ with
Landlord's use thereof no later than three (3) business days after receipt of ""Titten notice of the
interference from Landlord. In the event lh4t Tenant's cessation of action is material to Tt:n<111t's
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use of the Leased Premises and such cessation frustrates Tenant's use of the Leased PrclllisC3,
within Tenant'~ ~ole di~retion, Tenant shall have the immediate right to terminate thi~ Lease for
cause and without payment of a termination fee,
15. Tenant lnterference. Tenant shall not interfere with Landlord's use of the Structure
and agrees to cease all such actions which unreasonably and materially interfere with Landlord's
use thereof no later than three business days after receipt of written notice of the interference
from Landlord. In the evan that Tenant's cessation of action is material to Tenant's use of the
Leased Premises and :sueh eC:S:5l1tion fiu:stratc:s Tenant's use of the Leased PJ'cuu;,cs, within
Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease for cause
and without payment of a termination fee.
(b) Rimer Priority Users. If Tenant's Antenna Facilities cause impermissible
interference with pre-existing tenants, Tenant shall take all measures necessary to correct and
eliminate the interference. If the interference cannot be eliminated within 48 hours after
receiving Landlord's written notice of the interference, Tenant shall inunediately cease operating
Its Antenna Facilities and shall not reactivate operation, except intermittent operation for the
pwpose of testing, until the interference has been eliminated. If the interference cannot be
eliminated within thirty (30) days after Tenant received Landlord's written notice, Landlord may
at its option terminate this Lease inunediately Vlithout termination fee to Tenant.
(c ) Subseouent u.~er.;. Landlord agrees that it will not grant a future lease to any party
for use of the Leased Premises or Structure, if such party's use thereof is reasonably .::xpected or
anticipated to cause interference with Tenant's operation of it's Antenna Facilities.
16. Interference Study. Before obtaining a building pennit, Tenant must pay for the
reasonable cost (not to exceed $500,00 with respect to subparagraph {I} below and not to exceed
$3000.00 with respect to subparagraph [ii} below) of [I} a radio frequency interterence study
carried out by an independent and qualified person selected by the Landlord snowing that
Tenant's intezufed use will not interfere with any existing COuuuuWcatioIls facilities and [ii} and
engineering study showing that the Structure is able to support the Tenant's Antenlld Facilities,
as defined in paragraph 5b. without materially adversely affecting the City's use of the Structure.
Upon written notice by Landlord that it has a bona fide request from any other party to leasi! or
otherwise occupy the Structure, Tenant agrees to provide landlord within thirty (30) days the
radio frequencies currently in operation or to be operated in the future of each transmitter and
receiver installed and operational on the Structure at the time of such request. Landlord may then
have an independent, registered professional engineer of Landlord's choosing perfonn the
necessaty interference studies to determine if the new applicant's frequencies will 110t cause
hannfu1 radio interference to other tenants. Landlord shall require the new applicant to pay for
such interfereQce stUdies.
17. Interference - Subseauent Occupants. Landlord agrc:c:s that it will JC4Ull't: any
~ubsequent occupants of the Structure to provide Tenant these same assurances against
Interference, Landlord shall have the obligation to eliminate any interference with the operations
of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant
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shaH have the right to terminate this Lease for cause without termination fee or seek injunctive
relief, at Tenant's expense, enjoining such interfering use generated by any other occupant of the
Leased Premises.
18. Assil2nment. This Lease, or rights thereunder, may not be sold, assigned, or
transferred at any time by Tenant except to Tenant's affiliates. As to other parties, tills Lease may
not be sold, assigned, Or transferred without the written consent of the Landlord, such consent not
to be umeasonably Withheld. For pwposes of this paragraph, an "affiliate" means an entity that
controls, is controlled by or WIder couunon control with Tenant. Landlord hereby \:Ull:>eul:l to the
assignment by Tenant of i15 rights under this Lease as collateral to any entity which provides
financing for the purchase of the equipment to be installed at the Leased Premises.
19. DiSDuteS. Any claim, controversy or dispute arising out of this Lease not resolved
within ten (10) days following notice of the dispute, shall be submitted fU'St and promptly to
mediation. Each party shall bear its own costs of mediation. If mediation does not result in
settlement within forty-five (45) clays after the matter was submitted to mediation, either party
may file a claim in arbitration in accordance with the applicable rules of the American
Arbitration Association. The award rendered by the panel of arbitrators may be entered as a
judgment in any court having jurisdiction thereof. The arbitration shall be the exclusive remedy
of the partie:!.
20. Condemnation. In the event the whole of the Leased Premises is taken by eminent
domain. this Lease shall terminate s of the date title to the Leased Premise~ vests in the
cOndemning authority. In the event a portion of the Leased Premises is taktln by eminent
domain, either party shall have the right to terminate this Lease as of the said dale of title
transfer. by giving thirty (30) days' written notice to the other party. In the event of any taking
under the power of eminent domain, Tenant shall not be entitled to any portion of the reward
paid for the taking, and the Landlord shalJ receive full amowlt of such award. Tenant hereby
exprc:5:;)Y waives any right or claim to any portion thereof Although a1l damages, whether
awarded U3 compensation for diminution in value of the leasehold or to the fee of the Leased
Premises, shall belong to Landlord, TellAllt shall bve the right to daim and lC\:over [rom Ihe
condemning authority, but not from Landlord, such compensation U3 may be separately awarued
or recoverable by Tenant on account of any and all damage to Tenant's business and uny costs or
expenses incurred by Tenant in moving/removing its equipment, personal property, Antenna
Facilities and leasehold improvements.
21, Enforcement and Attornev!:' Fees. In the event that either party to this Lease shall
bring a claim to enforce any rights hereunder, the prevailing party shall be entitled to re~over
co:sf3 and reasonable attorneys' fees incurred as a result of such claim.
22. Notices. All notice hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested, addressed as follows (or any other
address that the party to be notified may have designated to the sender by like l1uti~);
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If to Landlord, to:
City Administrator, City of Andover
1685 Crosstown Blvd.
Andover. Minnesota 55304
If to Tenant. to:
American Portable Telecom
Real Estate Department
P.O. Box 31793
Chicago, IL 60631-0793
with a copy to:
APT Minneapolis, Inc.
Suite 1344
8009 ~ 34th Ave South
Minneapolis, MN 55425
23. Authority. Each of the individuals executing this Lease on behalf of the Tenant or
the Landlord represents to the other party that such individual is authorized to do so by requisite
action of the party to this Lease.
24. BindinlZ Effect. This Lease shall run With the Leased Premises. This Lease shall
extend to and bind the heirs, personal representatives, succeSSOrs and assigns of thtl parties
hereto.
25. Comnlete Lease: Amendments, This Lease constitutes the entire agreement and
understanding of the parties and supersedes all offers. negotiations, and other agreement of any
kind. There are no representations or understandingS of any kind not set forth herein. Any
modification of or amendment to this Lease must be in writing and executed by both parties
hereto.
26. Oovemin~ Law. This Lease sball be construed in accordance with the laws of the
State ofMinnesora.
27. Severability. If any term of this Lease is found to be void Or invalid, ~uch
invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and
effect.
28. Miscellaneous,
A. Owner represents and Warrants that Owner has full authority to enter into and sign this
Agreement and has good and marketable title to the Owner's Property.
B. This Agreement may be signed in counterparts by the parties hereto,
C. The terms and conditioIL5 of this Agreement shall extend to and bind lbe heirs, personal
representatives, successors and assigns of Owner and APT,
- 11 -
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D, Owner shall contemporaneously herewith execute and acl:nowledge and deliver to APT
for recording a memorandum of this Agreement,
E. If Owner or Tenant is represented by a real Estate Broker or listing agent, Owner or
Tenant is responsible for all commissions, fees or other payment to their agent.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective
seals the day and year first above written.
LANDLORD:
CIlY OF ANDOVER
By:
Its: Mayor
By:
Its: City Clerk
TENANT:
APT MINNEAPOLIS, INC.,
a Delaware corporation
By:
Its:
STATE OF MlNNBSOTA
)
)S$
COUNTY OF
)
The foregoing instrument was acknowledged before me this _ day of
19--.. by and
and the City CierI.; respectively, of the City of
corporation.
,
, the Mayor
. Oll bl:half of the
Notary PUblic
-12.
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^al;1 Alll;13~ ~lnllGO
969~~98C;19
91:Ll 9661/1E/81
STATE OF MINNESOTA
)
)ss
COUNTY OF
)
The foregoing instrument wa~ acknowledged before me this _ day of
19---0 by . the
of APT Minneapolis, Jne., a Delaware corporation, on behalf ofthc corporation.
Notary Public
-13-
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SITE ID 11: AI0059 B
SITE NAME: ANDOVER
}:XHlBIT "A"
TO
SITE AGREE:MENT
LEGAL DESCRIPTION OF OWNER'S PROPERTY;
Unplatted City of Andover, NE y. ofSE y. Section 22.32-24 (Subject to Easement of RCP A 12/1/67)
(Excluding W 330 Feet) (Subject to E03ement to NSP 11/12/68) RCPA Easement Pllrtially Relea3ed .
5122/72.
/t U agreed by OwnS/' and or that the precut! legal desCl'iption for the Owner'.! Property will be CQrrecled. if
nece.ssary. and thallhe COrrect legal description may he placed on this Exhibit '~.. by APT.
-14 -
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EXHIBIT "B"
TO
SITE AGREEMENT
~1J:.1Lll AND DesCRIPTION OF PROPERTY:
See Attached Exhibit (Site Drawings)
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SITE JD II: AlOO59 B
SITE NAME: ANDOVER
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!6 TITLE:
l1 SITE PlAN AND ENLARGED PlAN
Z
"PROJECT NO, SITE NAME;
~ 04463230
"
~ SITE NO.:
:!' A100598
171l ANlXMR ,
lUi CROSSIOWN BLW.
ANlXMR. UlNNESOIA
~
FlUOR DANIEL
"- ......1oL
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1rwInII. CA 121]0
(7u) ,1S-2000 A t+. rsSUED FOR PROPOSAL
REV DATE DESCRIPTION
APT
IAUERIc.t.N PORTABLE TE~~~
8410 W..t Bryn Wow, Al/.nu.
Suu. 1100
Chlcogo, HILnoI. 80lSJI
(312) 389-4200
FOil (312) 399-4170
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~ TITLE: ..
,. EAST AND WEST ELEVATIONS ~ '-.)0-. APT
:IE
z ... I AIIERICAN PORTABlE TELECOIII
)> <> PROJECT NO, SITE NAllE: . Ell""
z . .--
(,.) c 04463230 FLUOR DANIEL ..."" 8410 West ary" 1,&0..., ......nue
" '~ ANOO'IER n.- o....l._. Suite 1100
~ SITE NO.; CROSSTOWN BlW, 33" YC,,"- Ofilfe 8 . RCVlSEO ptR CITY CQUUENTS ... Chicago, IHinois 1506Jl
'" A 10059B ANOO'IER, U1NN[SOIA "",-, CA '2730 . ..... ISSUED fOR PROPOSAl
(7U) 17$-2000 (JI2) 399-"200
REV DATE DESCRIPTION ASNOl[O (0. (JI2) J99-"170
172'-10.
EXHIBIT "e"
TO
SITE AGREEMENT
CondltJolI$ PrecedeDt
1. All pennits from all local or federal land use jurisdictions for the intended use.
2. AlllocaI airspace authorities and FAA determination of no hazard to airspace.
3. FCC authorization to utilize this location for the intended use.
4. APT's technical reports must establish to its exclusive satisfaction that the property is
capable of being suitably engineered to accomplish APT's intended use of the Property.
-16 -
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This document drafted by:
Charles Wendle
Cellular ~ilIty Advisors In~.
170 I E. 79111 S~. Suite 19
Bloomington, MN 55425
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM evidences that a Site Agreement Was made and is hereby entered into
by written Site Agreement eff<:ctivc the _ day of . 199--, betWeen
r , ("Owner") whose address is as set forth below and APT
Minneapolis, Inc., a Delaware corporation ("APT"). whose address is 8410 Well' Rrvn Maw... Suite
1100. Chic:a~o. IL 60631. the terms and conditions of which are incorporated herein by reference.
Such Site Agreement provides, in part, that Owner, for valuable consideration, leases to
APT a part oftha! certain property owned by Owner which is described in ExJubrt "A" attached
hereto and incorporated herein for a tenn of r 1 (L-J) years r 1
(L...J) months commencing on 199-, which term is subjt:ct lo
[ J (LJ) additional r 1 (f-l) yeAr option te1DLS.
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887.82 881.82 881.82 Walkout
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886.0 878.5 878.5 WOlkout
884.3 876.8 876.8 Walkout
.1 yr. flood elev. = 880.15
Flood ?tor'age = 0.007 oe.- It.
Pea\(,inflow = 1.14 cfs
Peak outflow = 0.96 cfs
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