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Home My WebLink AboutCC August 4, 1998 '. '.J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (612) 755-5100 egular City Council Meeting - Tuesday, August 4, 1998 6:00 - Bus Tour Call to Order - Following the EDA Meeting scheduled at 7:00 PM Resident Forum Agenda Approval Approval of Minutes " o Discussion Items I. Public Hearing/98-1l/Jay Street NW/Continued 2. Public Hearing/98-13AlFox Meadows 3. Approve Plans & Specs/98-13AlFox Meadows 4. Award Bid/98-13/Fox Meadows/Streets 5. Amend Andover Comp Plan/Section 23/Ashford Dev. Corp., Inc. Continued 6. Rezoning/Section 23/Ashford Dev. Corp., Inc. Continued 7. Discuss Ordinance 109 (Snowmobiles) 8. Discuss Slow-No-Wake Ordinance Update/Rum River Continued 9. Train Whistle Blowing Ordinance 10. Special Use Permit/98-11/Mining Permit, Sect. 3/Tony Emmerich Construction, Inc. II. Amend Andover Comp Plan/Land Use Plan - OS and RU to P/Sect. 22/City of Andover 12. Rezoning/R-1 to R-4/Sect. 22/City of Andover 13. Declare Costs/93-30/Bunker Lake Blvd NW Service Road 14. Accept Assessment Roll/Order Hearing/93-30/Bunker Lake Blvd. Service Road 15. Discuss FeasibilitylPedestrian Underpass/Overpass 16. Development Update/MUSA Staff, Committees, Commissions 17. Set Work Session/Bunker Lake Blvd NW Reconstruction/98-17 ../ Non-Discussion/Consent Items 18.Special Use PermitlInstitutional Sign/13655 Round Lk Blvd NW/ Grace Lutheran Church . 19. Amend Ordinance No. IO/Sect. 9.07IPark Dedication 20. Approve Final Plat/Shadowbrook 4th Addition 21. Waive Public Hearing/Adopt Assessment Roll/97-38/14056 Raven St. NW 22. Order Plans & Specs/97-51/FencinglVarious Parks 23. Approve Plans & Specs/97-51/FencinglVarious Parks 24. Update of Agreements/97-43/HiIls of Bunker Lake Trail 25. Update of No Parking/Green Acres Park 26. Approve Sale of All Used City Equipment/Vehicle, Old Office Equipment, etc. 27. Approve Final Payment/97-14 & 96-27/Prairie Rd./Bunker Lk Blvd. & Oak View Middle School Trail/Hanson Blvd. 28. Approve Kennel License Renewal Mavor/Council Input Pavment of Claims Adiournment agenda Bookmark Name minutes ph9811 ph9813a apr9813a bid9813 complan rezoning ordl09 nowake whistle sup9811 cplanduse rltor4 dcIr9330 acpt9330 oupass musa work9817 sup9812 ordl0 adpt9738 ord9751 appr9751 updt9743 greenacr apprsale fpay kennel CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , DATE: August 4, 1998 / AGENDA SECTION Approval of Minutes ORIGINATING DEPARTMENT City Clerk -V, V. ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: July 21, 1998 Regular Meeting (Dehn absent) July 21, 1998 Special Meeting (Dehn absent) J / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: AUQust 4. 1998 ITEM NO. \ ~UbliC Hearing/98-11/Jay Street NW, Continued ORIGINATING DEPARTMENT Scott Erickson,cbL Engineering AGENDA SECTION Discussion Item The City Council is requested to continue the public hearing at 7:00 PM for Project 98-11, Jay Street NW. The public hearing was tabled at the July 21, 1998 City Council meeting in order for additional information to be provided for the Council's review. The assessments for Jay Street, as presented in the feasibility report, were structured similarly to the assessments for the Bunker lake Boulevard Service Road (Project 93-30) which was constructed in 1994. The way the assessments were structured for the Bunker lake Boulevard Service Road, a reduced assessment was provided to the adjacent properties. Essentially, instead of the adjacent property owners paying for Y2 of the cost of the street and utility construction, the assessment was reduced to y.. of the street and utility construction (or a 50% reduction in their assessments). The TIF district funded the balance. J After reviewing the meeting minutes for Project 93-30 (Bunker lake Boulevard Service Road), it is not well documented as to the logic for this "modified" assessment. I have discussed this with individuals here at the time the modified assessment was established and it appears it may have been structured to facilitate the re-development of this area as this was a city initiated project. If the assessment "philosophy" for this area has changed since that time, it would be necessary to restructure the assessment and modify the feasibility report for this project. A separate hearing would then need to be held for the modified assessments. Depending on the "philosophy" of the Council the following actions could be taken at this time: 1. Approve the assessment as proposed and order the project. 2. Direct that the assessments be adjusted to "not" include any reductions. Order an amended feasibility report. (It should be noted that a new public hearing will need to be ordered and held. This would delay the project and most likely not allow completion of the project until next year.) 3. Approve the street and stormsewer portion of the assessment as proposed and order the project. Order an amended feasibility report for the watermain and sanitary sewer portions of the project and hold a new public hearing for these portions of the project. The project would then continue on track for fall construction. , / \ '. ) " ) " , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 98-11. IN THE JAY STREET NW AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 145-98 of the City Council adopted on the 7th day of ~, 19 98 ,fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 21st day of Julv, 19~; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 98-11. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 4th day of AUQust ,19jliL, 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 ~ Regular Andover City Council Meeting \ Minutes - April 19, 1994 j Page 2 AGENDA APPROVAL Delete Item 3, Reallocation of CDBG Funds at the HRA Meeting. MOTION by Jacobson, Seconded by Knight, to approve the Agenda with the deletion of Item 3. Motion carried unanimously. CONSENT AGENDA MOTION by Jacobson, Seconded.by Perry, move in the affirmative the Non- Discussion Items Numbers 10-15: /Approve Resolution/uNo Parking" on Bunker Lake Boulevard (See Resolution R065-94) /Approve Plans and Specs/IP94-l/Lights, City Hall Park complex #1 (See Resolution R066-94) -/Approve Plans & Specs/IP93-9/Xeon Street (See Resolution R067-94) Approve Plans and Specs/IP93-l2/Hills of Bunker Lake 5th (See Resolution R068-94) /Approve Plans and Specs/IP93-3l/woodland Creek 4th Addition (See \ Resolution R069-94) . ) Adopt Resolutions Authorizing Administrator to Opt out of PERA and use united States Conference of Mayors for Deferred Compensation (See Resolution R070-94 approving election of Mr. Fursman to be excluded from PERAi Resolution R07l-94 approving the USCM Deferred Compensation Program) Motion carried unanimously. APPROVAL OF MINUTES April 5, 1994, Regular Meeting: Correct as written. April 5, 1994, Special Closed Meeting: Correct as written. April 5, 1994, EDA Meeting: Correct as written. MOTION by Perry, Seconded by Dalien, approval of all three sets of Minutes as presented. Motion carried unanimously. April 7, 1994, Park and Recreation Commission Minutes, Page 3: Councilmember Knight felt the Minutes imply the Council is in favor of a park bond election for the fall or Spring of 1995. He and the other Councilmembers noted the Council has made no decision on this issue. Mr. Fursman stated Staff understood the Council position to be that before anything further would be considered, additional information and , study should be undertaken to get more facts. No action was taken. \ / ~ BUNKER LAKE BOULEVARD FRONTAGE ROADIIP93-30, CONTINUED Mayor McKelvey stated he and Mr. Haas met with the owners of Kottke Bus Company and reviewed the project and project costs. Kottke's is in Regular Andover City Council Meeting -'Minutes - April 19, 1994 /Page 3 (Bunker Lake Boulevard Frontage Road/IP93-30, Continued) favor of proceeding with the project with the proposed three-year deferment. It was his opinion that the deferment should be without interest, that is the City would pay the interest for those three years out of the Tax Increment Financing Funds. Councilmember Jacobson agreed, ,as there will be very little interest; and he felt after the project is completed, the land will become valuable and will develop quickly. Chuck Peterson. reoresentino Kottke Bus Comoany - stated the project with the three-year deferment was agreeable and that it should proceed. He asked about purchasing the ponding and drainage area. Mr. Davidson 'stated the area needed will be purchased through negotiation. MOTION by Jacobson, Seconded by Dalien, the Resolution as presented ordering Project 93-30 with the additional language, the assessment will be deferred for a period up to three years from the date of the onset of the construction unless the parcel connects to either sewer and water or unless a parcel is sold. If either of those instances occurs, the assessment will start on the date of connection or sale. The interest during this deferment period shall be paid out of the Tax Increment Financing Funds. (See Resolution R072-94) Motion carried unanimously. " / The Council recessed at this time to hold an HRA and an EDA Meeting, 7:28; reconvened at 8:09 p.m. AUTHORIZE FINANCIAL ADVISOR FOR PARK PLAN Mr. Sulander asked the Council to consider authorizing Springsted, Inc., as the financial a~visor for the preparation of a capital improvement plan and possible bond sale to finance the improvements. With the growth of the City, there is a need to address the parks and City facilities and making those improvements in a timely manner. Springsted would work with the City Staff and Park Board to develop a Capital Improvements Plan and a time line for specific improvements. Their advise would be provided through the potential sale of bonds. They would not receive an hourly reimbursement for their guidance and assistance in preparing the necessary information until the bond sale is approved. A survey of the residents would be done, plus the Park Board would hold public hearings for resident input. Dave MacGillivrav. Sorinosted. Inc. - stated they work with a vast number of cities and do a lot with financing programs, not just with bonding. They do a lot of planning in terms of how to make the pieces fit together, and that is why they do not charge for the planning at this level. This is part of their over-all service. \ , ; MOTION by Jacobson, Seconded by Dalien, that the City Council authorize \ the engagement of Springsted, Inc., as financial advisor for the Park _.,'~Board to assist the Park Board in the preparation of a Capital Improvements Plan for possible future park expansion and to assist the Park Board in any way in the financial determination for a potential bond issue. Motion carried unanimously. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 19, 1994 AGENDA SECTION NO Discussion Item ITEM NO ORIGINATING DEPARTMENT APPROVED Todd J. Haas, A./ FORAGENDA Engineering ~ Bunker Lake Boulevard Frontage Road/93-30, Cont. ~ BY: I. The City Council is requested to continue discussing Project 93-30, Bunker Lake Boulevard Frontage Road. The public hearing has been closed. A resolution has been attached for your review. Note: If the City Council orders the project but defers the assessment for.a period of 3 years, the City Council will need to determine if the City will carry the interest or if the affected property owners will. In addition, City Staff has not heard from Kottke's if this is acceptable or not. " J , MOTION BY: , '. I SECOND BY: TO: . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN PROJECT NO. 93-30 IN THE BUNKER LAKE BOULEVARD FRONTAGE ROAD AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 039-94 of the City Council adopted on the 15th day of March , 19~, fixed a date for a public hearI'il'g; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 5th day of April 19~; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 93-30 BE IT FURTHER RESOLVED by the City Council of the City of , Andover to hereby designate TKDA as the Engineer ) for this improvement and they are directed to prepare plans and specifications for such improvements. the City Council at a regular meeting this and adopted by 19th day of MOTION seconded by Councilmember April , 19 94 , 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 , Regular Andover City Council Meeting \ Minutes - April 5, 1994 j Page 5 REFINANCING OF BONDS Jim Casserlv. Casserlv.Molzahn. Inc. - stated they have received bids to refinance the 1987 Tax Increment bond issue for TIF District 1 and 2, the Shopping Center area. The interest rate on those bonds are between 9.5 and 9.7 percent. The bid submitted by Firstar Bank of Minnesota proposes a 10-year bond with an annual $90,000 principal payment, except for $75,000 in the last year, and interest rates from 5.55 percent the first year to 7.87 percent. The City will contribute $86,826.20 in cash for financing costs to achieve maximum savings and so the size of the debt is not increased. The net savings to the City to refinance the bond of $885,000 is $218,048;80. Because the market has been moving both up and down the last several weeks, Mr. Casserly felt the bid is very good for these bonds. Mr. Hawkins recommended the City consider accepting the bid and authorizing them to go ahead with the refinancing. They would close about May 1, but these rates are locked in if accepted this evening. Mr. Casserly also explained two other institutions who purchased a number of issues in the past reviewed the proposal, but they declined to submit a bid and didn't know how long they would not be purchasing ) additional bonds. He also talked with two other large firms who gave '- prices. off of U. S. Government Treasuries. Using those two firms confirmed that the Firstar bid was in the ball park. MOTION by Jacobson, Seconded by Dalien, that we accept the bid from Firstar Bank of Minnesota and the varying interest rates from 5.55 percent to 7.87 percent over the period from 1994 through the year 2004 for a total principal sum of $885,000 as refinancing of a previous bond issue for 1987. (See Resolution R058-95) Motion carried unanimously. ~ PUBLIC HEARING/BUNKER LAKE BOULEVARD FRONTAGE ROAD/IP93-30 7:50 p.m. Mr. Davidson reviewed the proposed project for the construction of a service road along Bunker Lake Boulevard between Jay Street NW and Hanson Boulevard NW and south to Commercial Boulevard. The project would also include sanitary sewer, watermain and storm sewer. It is a City Council initiated project, so a 4/5 vote is required to order it. He reviewed the estimated cost of the project to be financed with a combination of Tax Increment Financing and assessments. The proposal is to use 75 percent TIF funds and 25 percent assessments on the frontage road of Bunker Lake Boulevard, and 50 percent TIF funds and 25 percent on the east side and 25 percent to the west side of the southern leg of the service road. The storm drainage is expected to drain south to an existing bond on the Kottke property, ) and the proposal is to purchase the bonding easement rights and use that . pond for detention to serve the entire area between Jay Street and Hanson Boulevard. Also, the proposal is to defer the sewer and water . connection charges until connection would take place. , Regular Andover City Council Meeting \ Minutes - April 5, 1994 / Page 6 (Public Hearing/Bunker Lake Blvd. Frontage Road/93-30, Continued) Mr. Davidson anticipated costs will be incurred for the right of ways. Based on what was done for Commercial Boulevard, the estimated cost for right of way would be $30,325 with about $3,000 for the ponding basin. It is also anticipated that Kottke Bus would eliminate their direct access to Hanson Boulevard and access from Commercial Boulevard. In addition, the frontage road at Jay Street will need to be pulled to the south to provide better access at that intersection. Mayor McKelvey opened the hearing for public testimony. Chuck Peterson, Kottke Bus Company - stated the $45,000 assessment to the ABC Mini Storage and $39,000 to Kottke Bus creates a hardship for both of them. He felt the amount of frontage is the same for both, asking about the difference in the assessment. He also felt the assessment is out of line in both cases. The City will be owning the drainage area, but they are still being charged. Mr. Davidson stated the commercial use is what makes the difference. ABC may never want to connect to the utilities, which would result in no assessment for connection charges. If Kottke divides the large area, the area would be mul tiplied by the connection charge per acre. Also, the connection charges are subject to escalation, as they are adjusted the first of every year by the Council. Sewer and water would be provided to the , ) eastern lot so that it can be developed. Mr. Peterson - felt the project does not benefit Kottke Bus nor ABC now. They have access to Hanson, and this just splits up their property. He is opposed at this time, thinking the only benefit is to Murphy Oil. He felt the project will eventually go, but they do not need it now and the assessment would create a substantial hardship. They are already paying assessments on Lot 7 for Commercial Blvd. Mr. Davidson advised if the project is not ordered, that this be designated as a future corridor; but doing this now is the best solution for dealing with the traffic now 1-.' and in the near future. Commercial Blvd. is being designed so that the -'7~ utilities and street access will fit with this street pattern. Bob Bendtsen, Lots 3 and 4 - liked the proposal and would .like to see that corner developed. It is a major intersection which should be developed. There being no further testimony, Mayor McKelvey asked for a motion to close the public hearing. MOTION by Perry, Seconded by Dalien, to so move. unanimously. 8:31 p.m. Motion carried , i , / Discussion was on the possible choices of ordering the project, deferring assessments, or constructing only that portion along Bunker Lake Boulevard. Several Councilmembers felt that once the road and utilities are put in, the property would become quite valuable and would be sold and developed rather quickly. Because of that, they were willing to construct the project now, but defer assessments for up to three years. Another advantage of doing the project now is the availability of tax increment funds to offset the costs. The costs could be considerably higher for the project in the future and higher to the property owners if tax increment funds are not available later. , Regular Andover City Council Meeting Minutes - April 5, 1994 '\ j Page 7 (Public Hearing/Bunker Lake Blvd. Frontage Road/93-3D, Continued) Mr. Peterson - saw no benefit to the project now because they are using every part of their land except Lot 8 East. He thought the project will happen some day, but right now it is no benefit to them. Kottke Bus would have no problem with granting the ponding easement rights. Mr. Bendtsen - liked the idea of the service road going around for better traffic flow. If it just dead ended at Murphy Oil, there would be traffic from only one direction. Also, when the county develops that intersection of Bunker Lake Boulevard and Hanson Boulevard, traffic could be diverted to this service road to avoid the intersection. He felt it is a good idea to do the entire project at once. The Council then tentatively agreed to proceed with the project but to defer assessments for three years; however, if a parcel were sold or subdivided and/or there is hookup to the utilities, the assessments would become due for it. After the three years, the assessment would be payable, though the connection charge for utilities would continue to be deferred if there had been no hookup until such time as connection took place. \ Mr. Peterson - thought the deferred assessments for three years would be ) accept~ble, but he asked to bring that proposal to his partners for consideration. Attorney Hawkins advised the Council will need to determine whether the assessment will be deferred with interest or deferred interest-free. If interest is not charged, the City would have to fund an additional $7,500 per year to cover that cost. MOTION by Jacobson, Seconded by Dalien, that we lay the matter of the sanitary sewer, watermain, street and storm sewer project, IP93-30, to the next regularly scheduled City Council meeting in April. DISCUSSION: Mr. Davidson stated because the City already has the easement for the extension of sanitary sewer and watermain to the Murphy Oil site, this action will not delay the project to provide them with service. Motion carried unanimously. 8:49 p.m. ORDER CONDEMNATION/BUNKER LAKE BOULEVARD FRONTAGE ROAD/IP93-3D Attorney Hawkins noted the Resolution includes all parcels needed for IP93-30, including the Kottke Bus property. He advised by ordering the condemnation at this time, they can begin the work, hire the appraiser, etc.; and if the decision at the next meeting is to discontinue the project, they will stop the condemnation. MOTION by Jacobson, Seconded by Knight, the Resolution ordering \ condemnation for the drainage, utility and street easements that are , / necessary for Project No. 93-30, Bunker Lake Boulevard Frontage road and south to Commercial Boulevard, as presented in the Resolution before the Council tonight. (See Resolution R059-94) Motion carried unanimously. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 5, 1994 AGENDA 1\0. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item . ITEM 1\0. Public Hearing/Bunker Lake Boulevard Frontage Road/93-30 TOdd,J. H~as,~ Englneerlng ~ ~ . The City Council is requested to hold a public hearing scheduled for 7:01 PM, Project 93-30, Bunker Lake Boulevard Frontage Road between Jay Street NW and Hanson Boulevard NW and also south to Commercial Boulevard. Attached are the following: , , ) * Resolution ordering improvements * Letter to property owners * Public hearing notice * List of property owners * Preliminary assessment roll Note: Backup information is in your March 15, 1994 packets along with the feasibility report. Note: The project was not petitioned for by property owners. Therefore, 4 of 5 votes is necessary to do the project. City Staff and TKDA met with property owners that are affected by the project on March 24 to explain the project and answer any questions they may have had. The property owners will be requesting the City Council to consider the following items: 1. Can connection charges for city water not be assessed until such time they connect to the system? CONTINUED MOTION BY: \ SECOND BY: '-~ TO: . ~ \ ~ Staff comments: Yes, the city may do this but the property owners need to understand that the charges may increase or decrease and they would pay the rate charge for that year that they connect (we recommend both sanitary sewer and watermain connection charges). 2. Can the term of assessment be extended beyond 10 years? Staff comments: The assessment policy adopted by the City allows projects to be assessed for a period of up to 10 years. 3. How will acquisition of right-of-way and drainage easements be handled? Staff comments: The City would order condemnation for the necessary right-of-way and easements and make every effort with property owners to negotiate settlement prior to the start of condemnation. 4. When will construction be completed? Staff comments: If the project is ordered tonight, the city will make every effort to complete the construction by the end of the 1994 construction season. 5. Will access be maintained during construction? ) Staff comments: Yes, every effort will be made during the day and access must be required at the end of the each working day. , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ ) RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN PROJECT NO. 93-30 IN THE BUNKER LAKE BOULEVARD FRONTAGE ROAD AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution the 15th day of March hearIng; and No. 039-94 of the City Council adopted on , 19~, fixed a date for a public WHEREAS, pursuant to the such hearing was held on the 19~; and required published and mailed notice, 5th day of April WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 93-30 \ , ) BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement and they are directed to prepare plans and specif~cations for such improvements. MOTION seconded by Councilmember and adopted by day of the City Council at a regular meeting this 5th April , 19 94 , with Councilmembers voting in favor of the ~esolution, 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 1ess CROSSTOWN aOUI.EVARO N.W. . ANDOVER. MINNESOTA $5304 . (6'2) 1&&.5100 Ma.reh 22, 1994 " ~.: Pro~osed eonstruction o~ Bunke' La~e Boul,vArd Frontage Road b_tween Jay Street NW and Hanson 30ulevard NW (eSAR 78) and south b.tween the proposed Bunker Lake Boulevard Frontage ~oad and Commercial ~oulevard for the improvement of sanitary sewer, watermain, streets and storm draina (project 93-30). . Dear ~roperty owner: A feasibility report haa been prepared to determine th. estimated COlt to construct sanitary sewer,watermain, streets and storm drains for the area mentioned above. Discussion: We are propoain9 to construct Bunxer Lake Soulevard Fronta9' Road between Jay Street NW to just west of Hanson Boulevard NW and then south to commercial Boulevard (see attached diasram). Toe construction will also include sanitary sewer, watermain and storm drain.. Utimatltd Coat: The proposed construction is proposed to utilize the Tax Incr.~.nt Financing (TIF) funas and as~ess benefittinq properties. At this point the .sti~ated total construction is approximately $571,000.00. Th; estimated aases;able costs are approximate11 for you: parcel for sanitary sewer, watermain, streets ana storm drains. This cost can be assessed over a 10 year period at about 7% interest or the assessment may be paid in full within 30 days of the assessment hearinq with no inter..t. If you have any questions, feel :ree to contact one of us. Sincerely, /~/~ .' Todd J. Haas Assistant Ci~y tngin.er 755-5100 TJH/vDlrja Enel. John Davidson T^OAlActing City tnqine.: 293-4568 -.. .. '-.. /9\ 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 HEARING ON IMPROVEMENTS PROJECT NO. 93-30 BUNKER LAKE BOULEVARD FRONTAGE ROAD ANDOVER, MINNESOTA NOTICE is hereby given that the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N.W. in the City of Andover, on Tuesday, April 5, 1994 at 7:00 P.M. or shortly thereafter to consider the making of the following improvements: Sanitary Sewer, Watermain, Street and Storm Drain Construction The property to be assessed, pursuant to Minnesota Statutes Section 429, :or the improvement is within the following , ; described area: Along proposed Bunker Lake Boulevard Frontage Road from Jay St:eet NW to Hanson Boulevard NW (CSAH 78) which is located in Section 34, Township 32, Range 24, City of Andove:, Anoka County, Minnesota. and South between the proposed Bunker Lake Boulevard Frontage Road and Commercial Boulevard which is located in Section 34, Township 32, Range 24, City of Andover, Anoka County, Minnesota. The estimated cost of such improvement is $571,000.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. CITY OF ANDOVER u~ rIa Vic,:oria voll< City Clerk Publ~'?tion G' Dates: March 25, 1994 and Aoril 1, 1994 34 32 24 41 0001 Edwa~d J & JA Prater 1786" Bunker Lk Blvd NW ~ndover, MN 55304 - ';32 24 41 0005 ~~eve Pual Bendtsen Robert D Bendtsen 1716 Bunker Lk Blvd NW Andover, .MN 55304 34 32 24 41 0011 ABC Mini Storage, Inc. 13624 Hanson Blvd NW Andover, MN 55304 34 32 24' 41 0006 Roger D & Darlene Streich 13024 Crooked Lk Blvd NW Coon Rapids, MN 55433 labe1s93-30 (Rhonda) '. , '. ' 34 32 24 41 0002 John P & Shie1a M Imre 15844 Sycamore St NW Andover, MN 55304 34 32 24 41 0004 Kenneth Rittmueller Murphy Oil USA, Inc. 7200 France Ave S Sui te 334 .' Edina, MN 55435 34 32 24 41 0008 Kottkes Bus Service 13625 Jay St NW Andover, MN 55304 34 32 24 41 0002 Edward J & JA Prater 1786 Bunker Lk Blvd NW Andover, .MN 55304 34 32 24 41 0003 Steve Paul Bendtsen Robert D Bendtsen 1716 Bunker Lk Blvd NW Andover, MN S5304 34 32 24 41 0010 Kottkes Bus Service 13625 Jay St NW Andover, MN 55304 34 32.24 41 0007 Kottkes Bus Service 13625 Jay St NW Andover, MN 55304 "\ / , 1 ..J ..J o a: !Z w :il en en w en en < > a: < z :s :i w a: a. '0 III o c: al C> III - C e u. '0 "- III > al -00"" ::JM CIl . 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CO LO o ,... c o U Q) c c o <..l '0 Q) ,g CD ;; ro '0 Q) c 'E '- Q) Qi '0 Q) .c M ,.:. OJ o Q) '0' '- Q. ... Q) '0 C ::l '0 Q) CIl en Q) en en ell >- en ::l o 'S <1l ... C. C a> <Il .c Q) :> ell .t:: en <1l C> ... ell -5 ctl ~ c (ij E Q) iii :: '0 i . CO . .~ 'C Q) en ::l ell e ell (ij C u:: c CD E c. .S! Q) :> a> 'C '0 <II Q) n ell ~ ... Q) :: Q) en ia - '2 ell CI) CD o Z <II ~ ::l en en < - - - CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: AUQust 4. 1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Todd Haas, / Engineering ITEM NO. JUbliC Hearing/98-13AfFox Meadows The City Council is requested to hold a public hearing for 7:00 PM for Project 98-13A, for the Fox Meadows (Fox Street NW) area. Attached are the following: -Resolution ordering improvement -Letter to property owners -Public Hearing Notice -Ust of property owners -Copy of original petition and map received by City \ Note: The supplemental feasibility report was in the July 21, 1998 packet. Please bring this item to the meeting. , J The original petitioned area has the following information -Proposed total number of lots - 9 (2 of these units would be the responsibility of the City for Fox Meadows Park) -Number in favor of improvement - 5 -Number against - 1 -Number unavailable - 3 (2 of these units are for park) / , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 98-13A, FOX MEADOWS. WHEREAS, Resolution No. 147-98 of the City Council adopted on the 21st day of ~, 19 98 ,fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 4th day of Auqust , 19 ~; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 98-13A. , / MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 4th day of Auqust, 19JHL, 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 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 July 22, 1998 Re: Proposed Improvement: Street Construction/Fox Meadows(Fox Street NW)/Project 98-13A Dear Resident: A feasibility report has been prepared to determine the estimated cost to pave the streets in the above mentioned area. . Discussion: The City of Andover has received a petition from your neighborhood to consider reconstructing the streets within your area. The construction would consist of paving a 24 foot wide asphalt surface 2.5" thick on 4" of gravel base. The streets in the area presently exist as 22-26 foot wide rural section roadways consisting of fine sand and gravel. . J Estimated Cost: The estimated assessment to each lot is $4,725.00. This cost could be assessed over a 10 year period at approximately 6% interest or the assessment may be paid in full with no interest within 30 days of the assessment hearing. Assessment Period/Cost: The annual assessment payment over 10 years at 6% is approximately $500 per year. If you have any questions, feel free to contact me or my assistant Todd at 755-5100. Sincerely, a////ctL Scott Erickson, P.E. City Engineer SE:rja Encl. cc: Mayor & City Council , J t -~ " 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 HEARING ON IMPROVEMENT PROJECT NO.9S..13A, . . ., - . . FOX MEADOWS NOTICE IS HEREBY GIVEN that the City of Andover, Anoka County, Minnesota will meet. at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, August 4, 1998 At 7:00 PM to consider the making. of the following improvements: Street Construction The property to be assessed, pursuant to Minnesota Statutes Section 429, for the improvement is within the following described area: Fox Meadows (Fox Street NW) The estimated cost of such improvement is $170,100.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. CITY OF ANDOVER ~(/db Victoria Volk - City Clerk Publication Dates: 7-24-98 7-31-98 / 183224430004 ROBERT & SHERRY RANKILA 16001 FOX ST. NW A :::>VER, MN 55304 183224430005 HARE & KATHLEEN STUART 15921 FOX ST. NW ANDOVER, MN 55304 183224430006 CHRISTOPHER & SHERRI STUMPF 15901 FOX ST. NW ANDOVER, MN 55304 183224440008 GERALD & STACEY KROLL 15711 FOX ST. NW ANDOVER, MN 55304 183224440007 BRADLEY & JANET SIEBOLD 15801 FOX ST. NW ANDOVER. MN 55304 183224430007 NEVIN & DEBRA WINKLE 15830 FOX ST. NW ANDOVER, MN 55304 18 32 2443 0008 DENNIS & LORELEI BEYER 15710 FOX ST. NW ANDOVER, MN 55304 / '. / :l8-13A. DOC RECEIVED / ?;,...!;:"-'~ (~) . /~ -:;:;"'J;:.")~"" .lI. I 0 &I CITY of ANDOVER Date: 7/ 7/98/ '18 -I~-A- No. Gentlemen: We, the undersigned, owners of real property In the following described area: f6t< g~ ~'W- do hereby petition that said portionpf said area be improved by Construction of City AtJ 0cAxL.... I /t1N and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO / This petition was circulated by: ffi-.t\ e. c: C;; \LI p\,e. ("' Address: (~) 1 'Y1"L ( fb" N \}J ~{)6Uc..Q, - / { 9&-/34 \) ~ i~ 1..- ! , I ~, II ~II , , ... ~ ... E .. ~ \ "' \ ~ , \ \ ".. ... oJ J ,. 1 .- '" !' ~ ~ . I [ i , -'1- ~ "~:-:-..,.-: I u_ -' .;:' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , -' DATE: Auqust 4. 1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Todd Haas, ,.. Engineering ITEM NO. Approve Plans & Specs/98-13A1 Fox Meadows [3. The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for Project 98-13A, in the area of Fox Meadows for street improvements. Specifications are available in the Engineering Department for review. The plans and specs for Fox Street NW were included in the base bid for the other part of Fox Meadows. So if the City Council awards the bid, which is the next item, the base bid includes Fox Street NW. , " Note: This item is basically a formality which is required under state law. , . -' 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. 98-13A ,FOR FOX MEADOWS. WHEREAS, pursuant to Resolution No. -97 ,adopted by the City Council on the 4th day of AUQust , 19---.lliL, the City EnQineer has prepared final plans and specifications for Project 98-13A for Fox Meadows. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of AUQust , 19.JliL. 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, AUQust 4 .19 98 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 4th day of AUQust , 19 98, with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ DATE: Auqust 4. 1998 -' AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson~~ Engineering ITEM NO. 4 ~ward Bid/98-13/Fox Meadows/Streets Bid results will be provided at the meeting. The bid opening is scheduled for Monday, August 3, 1998 at 10:00 AM. , J \ , / , I , -j \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: AUlrust 4. 1998 AGENDA SECTION Discussion Item, Cont. ORIGINATING DEPARTMENT Planning ITEM NO. Comprehensive Plan Amendment Change Land Use District RU to C, Section 23 ~ Gerald & Carol Windschitl 0, " John Hinzman, <l~ City Planner Request The City Council is asked to review a Comprehensive Plan Amendment to change the land use district designation from RU, Residential Urban Single Family to C, Commerical by Gerald and Carol WindschitJ on land owned by Ashford Develoment Corp., Inc. (PIN 22-32-24-23-0003). The proposed parcel is aproximately 5.45 acres and is.currently a part ofthe CHESTERTON COMMONS Preliminary Plat in Section 23. Plannin!! and Zonin!! Commission Review The Planning and Zoning Commission voted 4-0 (2 absent) to deny the request at the June 23, 1998 meeting. Commissioners objected to the timing of the development in relation to the residential plat, and proposed uses of a commerical distict in relation to Oak View Middle School. Please see the attached minutes for more information. City Council Review The item was tabled at the request of the applicant at the July 7 and 21, 1998 meetings. Please see the attached minutes and staff report for more information. Attachments . Resolution for denial . City Counicl Minutes ~ July 7 and 21, 1998 . Planning and Zoning Commission Minutes ~ June 23, 1998 . Staff Report - June 23, 1998 I \, / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION DENYING AN AMENDMENT TO THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM RU, RESIDENTIAL URBAN SINGLE FAMILY TO C, COMMERCIAL FOR GERALD AND CAROL WINDSCHITL ON PROPERTY OWNED BY ASHFORD DEVELOPMENT CORP., INC. (PIN 23-32-24-23-0003). WHEREAS, Gerald and Carol Windschitl have petitioned for an amendment to the Andover Comprehensive Land Use Plan on property owned by Ashford Development Corp., Inc. to change the land use district designation from RU, Residential Urban Single Family to C, Commercial on approximately 5.45 in the southwest comer of the CHESTERTON COMMONS Preliminary Plat in Section 23, legally described as follows: / That part of the Southwest Quarter of the Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the Southwest comer of the Southwest Quarter of the Northwest Quarter of said Section 23; thence North 00 degrees 02 minutes 19 seconds East, assumed bearing, along the west line thereof a distance of 720.12 feet to the intersection with the north line of the South 720.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 88 degrees 53 minutes 56 seconds East, along said north line a distance of 303.14 feet; thence South 57 degrees 53 minutes 02 seconds East a distance 001.76 feet to the east line of the west 330.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 00 degrees 02 minutes 19 seconds West, along said east line a distance of 703.76 feet to the south line of said Southwest Quarter of the Northwest Quarter; thence North 88 degrees 53 minutes 56 seconds West a distance 0030.06 feet to the point of beginning. WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and denies said amendment to the Comprehensive Land Use Plan for the following reasons , 1. Inconsistency with the spirit of the Comprehensive Plan. , J 2. Detrimental affect on the health, safety and general welfare. , , , j " . / Page Two CPA 98-02, RU to C Gerald and Carol Windschitl Adopted by the City Council of the City of Andover on this 4th day of August, 1998. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk Regular Andover City Council ""leeting lvlinutes - July 2 I. 1998 Page 3 (ApprovalojJ-finutes. Continue Motion by Knight, Seconded by Orttel, approva he Minutes of June 29 as amended. Motion carried on a 3- Yes, I-Present (Kunza), I-Absent (Dehn) Motion by Kunza, Seconded by Orttel, approval of the July 7 Minute. I-Present (Knight), I-Absent (Dehn) vote. ~.l AMEND ANDOVER COMPREHENSIVE PLANIREZONING - SECTION 23 _ ASHFORD 1/' DEVELOPMENT CORPORA TION .. Mayor McKelvey asked for a motion to remove the item from this evening's Agenda and table to the August 4 meeting as requested in writing by the developer. Motion by Knight. Seconded by Orttel, to so move. Motion carried on a 4-Yes, I-Absent (Dehn) vote. PUBLIC HEARING: IP98-11/JA Y STREET NW 7:57 p.m. Mr. Erickson explained the project is for the reconstruction ay Street, which is now a 22-foot wide bituminous surface road, to handle the anticipated ffic for the Commercial Park area. The proposal is for a four-lane divided road with a cente edian. It is anticipated Jay Street will be receiving up to 7,200 vehicles per day. Sanitary wer, municipal water and storm sewer will also be installed. This does not include signali tOn. The majority of the funding will come from the MSA account because it is a State Aid r away. Some will also come from TIF funding and there will be some assessment to Kottke' us Company. The assessment to Kottke's is based on two lots at one-fourth the actual cost ti installation of the sewer and water lateral and for what would be the normal width of the ro . TIF funds will pay for the remaining three-fourths of the costs. That is the policy used . en the service road was constructed several years ago. Area charges for the utilities waul e paid for when the Kottke lots are redeveloped. Councilmember Ortte uestioned the policy of assessing only one-fourth of the cost. Mr. Erickson was not aware of w that philosophy came about. He would have to research the Minutes of those meetings to see what the thinking was at that time. Motion by Kunza, Seconded by Knight, to open the public hearing. Motion carried on a 4- Yes, 1- Absent (Dehn) vote. 8:08 p.m, Councilmember Orttel wanted to see the logic for the assessment policy to Kottke's. Ifit is not well documented, anybody else could also come in and ask for the same thing, Mr. Erickson stated he would bring back some information to the next meeting. The Council agreed to table the item to the / Regular Andover City Council ,'.lee ling ,'v[inutes - July 7. 1998 Page 12 \, 1ONI157TH A VENUE NWISPEED LIMIT Mayor McKelvey stated ~\:1e State has recommended the speed limit on 157th Avenue between University Avenue and CfosstO\Vll Boulevard be raised from 35 to 45 mph. He attended the neighborhood meeting at wn~h the State Highway Department representative stated the City is obligated to increase the rate; d if it doesn't, 157th will be a nonconforming state aid street and the speed limit will automaticall 0 up to 55 mph. He personally does not want to see any more speed studies done in the City bec se the issue of safety is not considered as much as traffic movement. The neighbors along 157th venue would like to see a walkway along there to keep the children off the street. A concern of the sidents is that people generally drive 10 mph over the speed limit, and now they will be going even aster. Councilmember Orttel stated studies indicate the people really drive at the safe speed for th oad. He suggested warning signs and a reduced speed limit be posted by the curve. / Ron Sandford. 157th A venue - stated his main concern for the children that come do\Vn the street that is not \Vide enough. There isn't any place for them to alk and someone will get hurt. There's been no serious accident on that road in the last three years; b he thought increasing the speed limit may cause more. He thought more signs are needed to let eople know there are bikers and pedestrians. The Council suggested signs be put up informing d 'ers of "Children at Play". Motion by Orttel. Seconded by Oehn, to approve the Resolution appro ing a 45-mph speed limit along 157th Avenue between CrosstO\\l1 Boulevard and University A venu~\Resolution R 143-98) Motion carried on a 4- Yes, I-Absent (Knight) vote. "" . ~ --lJ AMEND ANDOVER COMPREHENSIVE PLAN/REZONINGISECTION 231ASHFORD Ii DEVELOPMENT CORPORATION, INC. Mr. Carlberg noted the request to change the land use district designation from RU, Residential Urban Single Family, to C, Commercial, on approximately 5.45 acres which is currently a part of the Chesterton Commons preliminary plat. If this is not approved, it can come back again at any time to be considered again. The rezoning, however, would have to wait a year if it is denied. Councilmember Oehn stated she could not in good conscience vote on this because the drainage issue has not been resolved. She favors commercial for the area but not until the drainage issue is resolved. Councilmember Orttel understood the Watershed Board has said they would redo the drainage calculations if the rezoning were to occur. That normally comes in during the platting phase. " " j Mr. Carlberg stated the developer would either come back with a replat or come in with a commercial site plan. He thought it may be wise to do a revised plat to look at the drainage of the entire area, or possibly a PUO. Councilmember Orttel stated the last time the drainage was discussed, the determination was made to wait to see if this area would be proposed for commercial development because much of it was designated for ponding. tv1r. Windschitl's argument at that time , / Regular Andover City Council Meeting J,linutes - Ju(v 7. 1998 Page 13 (Amend Andover Comp Plan/Rezoning/Section 23/Ashford Development, Continued) was that if the area was dedicated for drainage, he would never be able to use it for commercial because it would be needed for drainage from the Hamilton property. If it does develop commercial, he presumed it would eliminate the need for ponding because the drainage would be piped. He generally had no problem with commercial development in that area but felt the entire area should be done as one plat. Jerry Windschitl. Ashford Developmerit - stated the plat of Chesterton Commons was stalled originally because the land use and the zoning did not match. That is the problem here, and that is why the request for the Comprehensive Plan anlendment and rezoning is before the Council now. He is trying to do the the way it is required by ordinance. He does not have a problem replatting that area, and he understands the drainage issue has to be resolved and approved by both the City and the Watershed. There is no disagreement that everything down streanl will have to be modifie::l to accommodate the commercial area. rvlr. Carlberg stated it is common that the Comprehensive Plan amendment, rezoning and platting come before the Council at one time. , / , The Council had a concern with approving the amendment and rezoning without knowing what is being proposed and without some resolution to the drainage issue. It was also acknowledged that because of the time limit, the rezoning would have to be acted upon tonight unless the developer asked to have it tabled. If only the amendment is approved by the Council and the Metropolitan Council. then the City is basically forced to rezone the property to bring it into compliance. Also, a four-fifths vote is required on both items. Because of these issues, the Council asked Mr. Windschitl ifhe would be willing to table the item to the next regular meeting. Ivlr. Windschitl - stated he would have no problem tabling the two items. Mr. Carlberg asked that that request also be made in writing. Motion by Dehn, Seconded by Kunza, to table Items 8 and 9 until the next meeting. Motion carried on a 4- Yes, I-Absent (Knight) vote. SPECIAL USE PERMIT/ANTENNAE/1786 BUNKER LAKE BOULEV- ---- WIRELESS ______ / Mr. Carlberg reviewed the request of US West Wireless~U:ct a Wireless Communications facility 120 feet above ground at 1786 Bunker L.ake13oulevard. The proposal is to lease a 20x20-foot area from Eddy's Auto Body, and they,w6Gld be responsible for the security, landscaping and -, screening. The Andover Review ~ittee expressed a concern with the visual aesthetics of the ) tower at this location, which is adjacent to the new commercial park. Staff is wondering if US West would be willing to relo~ate the tower to the WDE site approximately one-half mile north. Councilmember Oehn felt the antennae as proposed could be very conducive to the area and had no problem with the request. This is very necessary in society today. " 'j :egular Planning and Zoning Commission Meeting ~ne 23, 1998 - Minutes age 2 _ot SpliWariance, Cont) lOTION by Apel, seconded by Gamach orward to the City Council the resolution prepared y staff to approve the lot spliUvariance request racy and Mike Ellis and Linda and Ken cheneman at 697 - 141 st Lane NW. ';ommissioner Wells arrived at this time - 7:36 pm). lotion carried on a 3-yes (Apel, Gamache, Peek), 3-absent (Wells, ill be forwarded to the City Council on July 7, 1998. ublic Hearing/Comprehensive Plan Amendment/Section 23/G. & C. Windschitl r. Hinzman reviewed the request of Gerald and Carol Windschitl for an amendment to the cmprehensive Plan to change the land use designation from RU, Residential Urban Single amily to Commercial on land owned by Ashford Development Corporation. The site is a 5.45 :r' . 3rcel which is currently a part of the Chesterton Commons preliminary plat. The proposed te 'was originally designated for single family detached housing. Eleven lots would be iminated and. Eagle Street would need to be relocated. The original plat would need to be nended to reflect these changes. The applicant has not indicated a proposed use for the 3velopment. Mr. Hinzman explained that the property owners in Chesterton Commons jrchased their property under the assumption that the property would be a single family -3velopment. The nearest existing residential lots are 160'from the development. Mr. Hinzman )ted that the preliminary plat has been approved but the property has not been final platted yet. ommissioner Wells questioned the proposed zoning of the property because a year ago it was -1, then R-4 and now they are requesting that it be commercial. Mr. Hinzman explained that e developer has decided to make a change. He also noted that we would have to look at a re- 1nfiguration of the lots. Commissioner Gamache asked if 154th would come out directly across Jm Oak View Middle School. Mr. Hinzman stated that it would. Commissioner Gamache ,ked what the status of the PUD is with Mr. Hinzman stating that it is in the sketch plan stage. OTION by Gamache, seconded by Apel to open the public hearing. Motion carried on a 4-yes ~amache, Ape!, Peek, Wells), 2-absent (Luedtke, Squires) vote. 'rry Windschitl, Ashford Development Corporation stated that it is their intention to plat single -nily lots, with no townhomes. They will have two commercial sites - one to the north of and 1e '3 to the south. Mr. Windschitl explained that the PUD preliminary plat is almost complete. le 'architect has to catch up to where they are in the process. When they come in with the 91iminary plat they want to have elevations and everything else ready. The PUD will contain a tail service station, day care center and office retail building. Mr. Windschitl also noted that len the original drawings for Chesterton Commons were presented, this five acre parcel was own as commercial. They do not have a site specific purpose for the two parcels. Their first " )1c)lf1~ing and Zoning Commission Meeting une 23, 1998 - Minutes Jage 3 reference would be a family restaurant on the southern parcel but because of Andover's zoning rdinance this would be impossible as a beer and wine license would not be allowed. They also Joked at a medical type of facility such as a physical therapy center which would complement 1e clinic. Chesterton Commons will have some lots that are on permanent hold so no one can uild on them. Eagle Street would be straightened out and will be located between the ~sidentiallots and the commercial lots. :ommissioner Wells asked what the status is water to this site and the storm drainage. Mr. lindschitl stated that they don't have any issues on this site. The sewer and water are both jjacent to the property. d Hamilton, 5650 Highway 10, Ramsey asked how this property can be rezoned if the plat has Jt been amended yet. He also noted that there is an issue on the storm drainage between hesterton Commons and Hamilton Square. He stated that when he developed Hamilton quare he paid for oversizing the water pipe and now Mr. Windschitl will be able to take j' 'tage of it. Mr. Hamilton then presented material from the Coon Creek Watershed Board hil,I (states that if there is a change in the proposed land use on Chesterton Commons from ;sidential to ~ommercial, hydrologic data must be recalculated. egarding Mr. Hamilton's question about the rezoning prior to amending the plat, Mr. Hinzman Jted that a condition of the resolution prepared by staff is the an amended preliminary plat of nesterton Commons must be approved. inslow Holasek, 1159 Andover Boulevard - expressed concern about the storm water issue as ere isn't good storm water drainage in this area. Mr. Windschitl replied that runoff calculations auld have to be done at a higher runoff rate. The pond would have to be moved and it would ~ used as a buffer on one side. OTION by Gamache, seconded by Wells to close the public hearing. Motion carried on a 4-yes veils, Gamache, Apel, Peek, 2-absent (Luedtke, Squires) vote. we Carlberg noted that the whole issue revolves around easements along Hanson Boulevard. 1e easements were not dedicated so the council denied the plat. ~ting Chairman Peek stated that from general planning this makes sense because Hanson )ulevard is a main corridor; however, he felt that this may suffer from an issue of timing. We're -e- ) taking about a PUD across the street and this is being requested to be Shopping Center. 1I11~ of the permitted uses may not be appropriate because of the middle school so close. He t that there are more negatives than positives. Immissioner Wells felt that by approving this request, the city would be opening themselves up some major problems. She didn't feel that something like a McDonald's would be appropriate. , '- ) Planning and Zoning Commission Meeting June 23, 1998 - Minutes ?age 4 She also felt that with the issue between Chesterton Commons and Hamilton Square not being ~esolved, it would not be a good idea to approve this request. ::::ommissioner Apel suggested that this come in as a total replat. He did, however, feel it is a ;lood spot for commercial. ::::ommissioner Gamache stated he would be against approval. \i10TION by Peek, seconded by Gamache to forward to the City Council a resolution denying an 3mendment to the Comprehensive Land Use Plan to change the land use district designation 'rom Residential Urban Single Family to Commercial for Gerald and Carol Windschitl on property Jwned by Ashford Development as prepared by City Staff noting that it was the opinion of the ~Ianning and Zoning Commission that this proposal was not consistent with the current ::::omprehensive Plan and that the Commission funds it will have a detrimental affect on the 1ealth, safety and general welfare of the city. , , , / \i1otion carried ,on a 4-yes (Wells, Apel, Gamache, Peek), 2-absent (Squires, Luedtke) vote. This viII go before the City Council on July 7, 1998. ;;:)ublic Hearing/Rezone from R-4 to C, Section 23/Gerald Windschitl J1r. Hinzman explained that because this item is contingent upon the previo item being >pproved, it would not be appropriate to fully discuss it; however, since ublic hearing was 3dvertised it should be acted upon. AOTION by Gamache, seconded by Wells to close the p ic hearing. Motion carried. \cting Chairman Peek opened the public hearing. AOTION by Wells, seconded by Gamache to forwar to the City Council denial of the rezoning equest of Gerald Windschitl. Motion carried on -yes (Apel, Gamache, Peek, Wells), 2-absent Squires, Luedtke) vote. This will go to the Cit ouncil on July 7, 1998. ~mended Special Use Permit/Bulk St age of Liquid Fuels/3118-162nd Lane/Ace Solid . \ -y, ~ -- / M. Hinzman reviewed the reque of Ace Solid Waste to replace a 3000 gallon underground ,torage tank with a 10,000 ga n underground storage tank on their property at 3118 - 162nd .ane NW. The property is zoned Industrial and the surrounding land uses are also Industrial. 'he original tank was installed in the 1970's and federal regulations now require that all tanks '1___:__ __..J 7__:__ ,....___:__!__ a.l_ _J.:__ , i CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: June 23.1998 ITEM NO. 4 ORIGINATING DEPARTMENT Public Hearin!!: Comprehensive Plan Amendment Land Use Change RU to C Section 23 Gerald and Carol Windschitl Planning John Hinzman City Planner Request , , / The Planning and Zoning Commission is asked to review an amendment to the Comprehensive Plan to change the land use district designation from RU, Residential Urban Single Family to C, Commercial by Gerald and Carol Windschitl on land owned by Ashford Development Corp., Inc. (PIN 23-32-24-23-0003). The site is approximately 5.45 acres and is currently a part of the CHESTERTON COMMONS Preliminary Plat in S~ction 23, legally described on the attached resolution. ApDlicable Ordinances Minnesota State Statute Chapter 473.858 states, "If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan... after August I, 1995, a local governnlental unit shall not adopt any fiscal device or official control which is in conflict with its comprehensive plan." Ifthe Comprehensive Plan is amended, the applicant will need to rezone the land to an applicable zoning district by December 31, 1998. Adiacent Land Use Adjacent land use within 350 feet of the site includes the following: North East RU, Rural Urban Single Family; CHESTERTON COMMONS Preliminary Plat RU, Rural Urban Single Family; CHESTERTON COMMONS Preliminary Plat C, Commercial; HAMILTON SQUARE (Post Office, Mork Clinic) RU, Residential Urban Single Family; Oak View Middle School " , ) South West . Page Two CPA 98-02 / RU to C Gerald and Carol Windschitl Andover ComDrehensive Plan The Andover Comprehensive Plan, Chapter VI, Section EA, outlines the following policies pertaining to the siting of commercial development: · Neighborhood convenience centers shall be located along arterial or collector streets. · Neighborhood convenience centers shall be located with convenient accessibility for both motorists and pedestrians, giving due consideration to market demand and community development. · Orderly transition areas between commerCial and residential areas shall be established and maintained. General Review . , · The proposed site was originally designated for single family detached housing as part of the Chesterton Commons Preliminary Plat. Eleven lots would be eliminated and Eagle Sti'eet NW would need to be relocated (see attachment). The original plat would need to be amended to reflect these changes. · The applicant has not indicated proposed use for the development. · Property owners in Chesterton Commons purchased property under the assumption of a single family detached development. The nearest existing residential lots are approximately 160' from the development. · Adequate separation via landscaping and\or berming should be implemented to negate the impact of the commercial site upon existing and planned residential areas ifthe amendment is approved. · The proposed site is adjacent to the Hamilton Square commercial development consisting of a Post Office and Medical Clinic Commission ODtions 1. The Andover Planning and Zoning Commission may recommend to the City Council approval of an amendment to the Comprehensive Plan to change the land use district , J designation from RU, Rural Urban Single Family to C, Commercial on approximately -' Page Three CPA 98-02 RU to C Gerald and Carol Windschitl 5.45 acres located in Section 23 of the Chesterton Commons Preliminary Plat, legally described on the attached resolution. 2. The Andover Planning and Zoning Commission may recommend to the City Council denial of an amendment to the Comprehensive Plan to change the land use district designation from RU, Rural Urban Single Family to C, Commercial on approximately 5.45 acres located in Section 23 of the Chesterton Commons Preliminary Plat, legally described on the attached resolution. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Section 5.03(B). 3. The Andover Planning and Zoning Commission" may table the item pending further information from the applicant or Staff. Attachments · Resolution for Approval . Resolution for Denial · Location Map . Site Plan · Map of CHESTERTON COMMONS Preliminary Plat . Application · Notice of Public Hearing I \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM RU, RESIDENTIAL URBAN SINGLE F AMIL Y TO C, COMMERCIAL FOR GERALD AND CAROL WINDSCHITL ON PROPERTY OWNED BY ASHFORD DEVELOPMENT CORP., INC. (PIN 23-32-24-23-0003). WHEREAS, Gerald and Carol Windschitl has petitioned for an amendment to the Andover Comprehensive Land Use Plan on property owned by Ashford Development Corp., Inc. to change the land use district designation from RU, Residential Urban Single Family to C, Commercial on approximately 5.45 in the southwest comer of the CHESTERTON COMMONS Preliminary Plat in Section 23, legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the Southwest comer of the Southwest Quarter of the Northwest Quarter of said Section 23; thence North 00 degrees 02 minutes 19 seconds East, assumed bearing, along the west line thereof a distance of 720.12 feet to the intersection with the north line of the South 720.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 88 degrees 53 minutes 56 seconds East, along said north line a distance of 303.14 feet; thence South 57 degrees 53 minutes 02 seconds East a distance on 1. 76 feet to the east line of the west 330.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 00 degrees 02 minutes 19 seconds West, along said east line a distance of703.76 feet to the south line of said Southwest Quarter of the Northwest Quarter; thence North 88 degrees 53 minutes 56 seconds West a distance of 330.06 feet to the point of beginning. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves said amendment to the Comprehensive Land Use Plan with the following conditions: 1. Approval by Metropolitan Council. Page Two CPA 98-02, RU to SC \ Gerald and Carol Windschitl , ) 2. Approval of an amended preliminary plat for Chesterton Commons excluding the proposed parcel. 3. That the proposed development of the area does not disrupt and takes into account . neighboring storm drainage. Adopted by the City Council of the City of Andover on this 7th day of July, 1998. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria Volk, City Clerk . 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"-: .:.:.....: . -. . .. . ~ .' . .. .'~ ~" . . . ." ., / J . . ..... I \ '\~thwJ.rt ?ornei' 01 NW 1/~. -- . " \~.' 2~WP' 32; Rqe. 24 . ~ . \ 0 nty ~Q/lument . ., . : Ben~marX . I.. 1'-'" .", f\. '. I ' . ," . I t :-:_.p.~': ~. ~ ",,-~",.... .... "'.~ . "t' .:. 4 &') .: '.(.:" -. , eti. -....1",- .~~ -i,..:.' y'. . . \........ " " . (........... .:.t C~he5itYf;~' .'>-~, / . .: .' Gom)Y\ ,..[..:.......;'.,_:. . . ,".'~: i~f-'^ J. i;t:....;., "'~."'.- ~~.-: - j-ta. ~...' :.~-."-:;'.. . .~~ .~i . . '\ ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CO:\IPREHENSIVE PLAN AMENDMENT REOUEST FOR.\;I Property Address /.s-l( {( '/- tiA-J<..J (!, Ivd Legal Description of Property: $ t. .... 4 TI 4, (.. d. (Fill in whichever is appropriate): ~jA Lot Block Addition PIN (If metes and bounds. attach the complete legal description). ------------------------------- ------------------- Reason for Request 2 I,{ -rn t:......_ ~- L{ Tn A_~ fL ~ T2J 5L -rL- l-4""'~ fA ~"; tf/-V :_;-- .d II r-..) _ ~ \.--'-"2. _ . ~_ . / Current Land Use District R i-l Requested Land Use District c... ---~----~-G:~~;~~- C--w.~~)'- ~-r=L-- c /.j~ ~17~d"-:,(C-;, 1-1 Name of Applicant Address J ? C/r) /f') .......d tA.../< ,{J ;4,;~ ;,u.-.} Home Phone l..{).. 7 - '1.2 ( 7 Business Phone Fax Number Signature ~~~ j t/ . ~~ Date S /19/78' ~--......!. ~~ _tii.:_U&-.k. ~ -----7 t! e. 11 tU -v dr",-t. ,,., Ft:€ 0............._) ~....-... \ cl r= o"ho I . ' (,-11 '\) C.".,/t8 t1 ~ ./ 1.1 Property O\\ner (Fee Owner) <:,1~ JJ~"P.w.. P!....<!-'g V}'M tl.t(//./Ytl4V11V:L (If different from abo\'e) OLvoJ'- <7r ~c..._ a. Address AJ'''- F',,- J "P~{~/-"_I C&'_,f;dT7...J '::;:--'" '\ ) Home Phone q,). 7 -7;L /7 Business Phone '-I .2 7 - 0,-/ .:5 J - 1+J'.l, r=-..-d o~.....(,(..........r c.e......lu.... Itv ::A......... Signature g~.fJ,-2-0 ~ ~ Date tl II/'! /98 v' 'I , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, June 23, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Cpmprehensive Plan amendment and Rezoning request of Gerald Windschitl to change the land use district designation from RU, Residential Urban Single Family to C, Commercial and rezone from R-4, Single Family Urban to SC, Shopping Center at 154xx Hanson Boulevard NW, generally located north and west of CHESTERTON COMMONS and opposite Oak View Middle School (pIN 23-32-24-23-0003) legally described as follows: , .1 That part of the Southwest Quarter of the Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the Southwest comer of the Southwest Quarter of the Northwest Quarter of said Section 23; thence North 00 degrees 02 minutes 19 seconds East, assumed bearing, along the west line thereof a distance of720.12 feet to the intersection with the north line of the South 720.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 88 degrees 53 minutes 56 seconds East, along said north line a distance of303.14 feet; thence South 57 degrees 53 minutes 02 seconds East a distance of31.76 feet to the east line of the west 330.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 00 degrees 02 minutes 19 seconds West, along said east line a distance of703.76 feet to . the south line of said Southwest Quarter of the Northwest Quarter; thence North 88 degrees 53 minutes 56 seconds West a distance of330.06 feet to the point of beginning. All written and verbal comments will be received at that time. A copy of the application will be available for review prior to the meeting at City Hall. ~(/~ Victoria V oJk, City Clerk " Publication dates: June 12, 1998 June 19, 1998 . ;' PIN 233224220001 CAMBRIDGE CAPITAL INC 941 HILLWIND RD NE STE 301 ~ '''INEAPOLIS MN 55432 ) PIN 233224210001 ASHFORD DEVELOP CORP INC 3640 l52ND LN NW ANDOVER MN 55304 PIN 223224110001 CENTER OAKS PARTNERS 13736 JOHNSONSTNE. HAM LAKE MN 55304 PrN 233224320002 HAMILTON LORA G 6615 HWY 10 NW ANDOVER MN 55304 PIN 223224410001 ANDOVER CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN 223224140006 ANOKA HENN IND SCHOOL DIST II 11299 HANSON BLVD NW COON RAPIDS MN 55433 PrN 233224240002 KOPIS CHESTER A & DOROTHY 1296 CROSSTOWN BLVD ANDOVER MN 55304 RESIDENT 15245 BLUEBIRD STNW ANDOVER, MN 55304 RESIDENT 15219 BLUEBIRD STNW ANDOVER, MN 55304 RESIDENT 1335 153RD LANE NW ANDOVER, MN 55304 RESIDENT 1425 153RD LANE NW ANDOVER, ~fN 55304 RESIDENT 1504 153RD LANE NW ANDOVER, MN 55304 RESIDENT ]470 153RD LANE NW ANDOVER, MN 55304 RESIDENT 1434 l53RD LANE NW ANDOVER, MN 55304 RESIDENT 1404 153RD LANE NW ANDOVER, MN 55304 . .I RESIDENT 1380 ]53RD LANE NW ANDOVER, MN 55304 RESIDENT 1370 153RD LANE NW ANDOVER, MN 55304 '. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: AUln/st 4. 1998 AGENDA SECTION Discussion Item, Cont. ORIGINATING DEPARTMENT Planning ITEM NO. REZ 98-03, R.4 to SC Section 23 (p . Gerald and Carol Windschitl John Hinzman, /)ll City Planner ~j , Request The City Council is asked to review the rezoning request of Gerald and Carol Windschitl to rezone approximately 5.45 acres owned by Ashford Development Corp. from R-4, Single Family Urban to SC, Shopping Center. The proposed area is located in the southwest corner of the CHESTERTON COMMONS Preliminary Plat in Section 23 (PIN . j 23-32-24-23-0003), legally described on the attached resolution. The proposal is submitted in conjunction with a Comprehensive Plan Amendment from Residential Urban to Commercial. Plannin!! and Zonin!! Commission Review The Planning and Zoning Commission voted 4-0 (2 absent) to deny the request at the June 23, 1998 meeting because of inconsistency with the Comprehensive Plan. Citv Council Review The item was tabled at the request of the applicant at the July 7 and 21, 1998 meetings. Please see the attached minutes and staff report for more information. Attachments . Resolution for denial · City Counicl Minutes - July 7 and 21, 1998 · Planning and Zoning Commission Minutes - June 23, 1998 · Staff Report - June 23, 1998 , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION DENYING AN AMENDMENT TO ORDINANCE 8, SECTION 6.03 TO REZONE PROPERTY FROM R-4, SINGLE F AMIL Y URBAN TO SC, SHOPPING CENTER FOR GERALD AND CAROL WINDSCHITL ON PROPERTY OWNED BY ASHFORD DEVELOPMENT CORP., INC. (PIN 23-32-24-23-0003). WHEREAS, Gerald and Carol Windschitl have petitioned for an amendment Ordinance 8, Section 6.03 to rezone approximately 5.45 acres from R-4, Single Family Urban to SC, Shopping Center in the southwest corner of the CHESTERTON COMMONS Preliminary Plat on property owned by Ashford Development Corp., Inc. in Section 23, legally described as follows: " That part of the Southwest Quarter of the Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the Southwest corner of the Southwest Quarter of the Northwest Quarter of said Section 23; thence North 00 degrees 02 minutes 19 seconds East, assumed bearing, along the west line thereof a distance of 720.12 feet to the intersection with the north line of the South 720.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 88 degrees 53 minutes 56 seconds East, along said north line a distance 0003.14 feet; thence South 57 degrees 53 minutes 02 seconds East a distance 001.76 feet to the east line of the west 330.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 00 degrees 02 minutes 19 seconds West, along said east line a distance of 703.76 feet to the south line of said Southwest Quarter of the Northwest Quarter; thence North 88 degrees 53 minutes 56 seconds West a distance 0030.06 feet to the point of beginning. / WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and denies said amendment to Ordinance 8, Section 6.03 for the following reasons 1. Inconsistency with the Comprehensive Plan. " . / Adopted by the City Council of the City of Andover on this 4th day of August, 1998. Page Two REZ 98-03 / Gerald and Carol Windschitl CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk / , ./ " ) Regular Andover City Council },.leeting lvlinutes - July 21. 1998 Page 3 (Approvalof!vlinutes. Continued) Motion by Knight, Seconded by Orttel, approval 0 e Minutes of June 29 as amended. Motion carried on a 3- Yes, I-Present (Kunza), I-Absent (Dehn) lWotion by Kunza., Seconded by Orttel, approval of the July 7 Minute. I-Present (Knight), I-Absent (Dehn) vote. f- AMEND ANDOVER COMPREHENSIVE PLANIREZONING - SECTION 23 _ ASHFORD DEVELOPMENT CORPORA TION Mayor McKelvey asked for a motion to remove the item from this evening's Agenda and table to the August 4 meeting as requested in writing by the developer. / Motion by Knight, Seconded by Orttel, to so move. Motion carried on a 4-Yes, I-Absent (Dehn) vote. PUBLIC HEARING: IP98-11/JA Y STREET NW 7:57 p.m. ~Ir. Erickson eXplained the project is for the reconstruct' n of Jay Street, which is now a 22-foot wide bituminous surface road. to handle the anticipate traffic for the Commercial Park area. The proposal is for a four-lane divided road with a cente median. It is anticipated Jay Street will be receiving up to 7,200 vehicles per day. Sanitary s er, municipal water and storm sewer will also be installed. This does not include signalizati . The majority of the funding will come from the MSA account because it is a State Aid road y. Some will also come from TIF funding and there will be some assessment to Kottke's Bus ompany. The assessment to Kottke's is based on two lots at one-fourth the actual cost for insta ation of the sewer and water lateral and for what would be the normal width of the road. TIF nds ""ill pay for the remaining three-fourths of the costs. That is the policy used when the s ice road was constructed several years ago. Area charges for the utilities would be paid for hen the Kottke lots are redeveloped. Councilmember Orttel questioned the olicy of assessing only one-fourth of the cost. Mr. Erickson was not aware of how that philosop came about. He would have to research the Minutes of those meetings to see what the thinkin as at that time. \ illation by Kunza.. Seconded b.' Knight to open the public hearing. Motion carried on a 4- Yes, 1- / Absent (Dehn) vote. 8:08 .m. Councilmember Orttel wanted to see the logic for the assessment policy to Kottke's. If it is not well documented, anybody else could also come in and ask for the same thing. Mr. Erickson stated he would bring back some information to the next meeting. The Council agreed to table the item to the \ ) Regular Andover Ciry Council ,"feeling Minutes - July 7. 1998 Page /2 ." APPROVE RES~ON/157TH AVENUE NW/SPEED UMIT Mayor McKelvey stated ~State has recommended the speed limit on 157th Avenue between University Avenue and CrosSt~l1 Boulevard be raised from 35 to 45 mph. He attended the neighborhood meeting at which e State Highway Department representative stated the City is obligated to increase the rate; and i 't doesn't, 157th will be a nonconforming state aid street and the speed limit will automatically go to 55 mph. He personally does not want to see anymore speed studies done in the City because e issue of safety is not considered as much as traffic movement. The neighbors along I 57th Ave ue would like to see a walkway along there to keep the children off the street. A concern of the reSl nts is that people generally drive 10 mph over the speed limit, and now they will be going even fas r. Councilmember Orttel stated studies indicate the people really drive at the safe speed for the roa . He suggested warning signs and a reduced speed limit be posted by the curve. Ron Sandford. 157th A venue - stated his main concern is fo the children that come dO'Wll the street that is not wide enough. There isn't any place for them to wal and someone will get hurt. There's / been no serious accident on that road in the last three years; but h hought increasing the speed limit may cause more. He thought more signs are needed to let peo Ie know there are bikers and pedestnans. The Council suggested signs be put up informing driver of "Children at Play". Motion by Ortte!. Seconded by Oehn, to approve the Resolution approvin", ~45-mph speed limit along 157th Avenue between Crosstown Boulevard and University Avenue. (Resolution RI43-98) Motion carried on a 4- Yes. I-Absent (Kni ght) vote \ -- AMEND ANDOVER COMPREHENSIVE PLANIREZONING/SECTION 23/ASHFORD DEVELOPMENT CORPORA TION, INC. Mr. Carlberg noted the request to change the land use district designation from RU, Residential Urban Single Family, to C, Commercial, on approximately 5.45 acres which is currently a part of the Chesterton Commons preliminary plat. If this is not approved, it can come back again at any time to be considered again. The rezoning, however, would have to wait a year if it is denied. Councilmember Oehn stated she could not in good conscience vote on this because the drainage issue has not been resolved. She favors commercial for the area but not until the drainage issue is resolved. Councilmember Orttel understood the Watershed Board has said they would redo the drainage calculations if the rezoning were to occur. That normally comes in during the platting phase. ,~ Mr. Carlberg stated the developer would either come back with a replat or come in with a commercial site plan. He thought it may be wise to do a revised plat to look at the drainage of the entire area, or possibly a PUO. Councilmember Orttel stated the last time the drainage was discussed, the determination was made to wait to see if this area would be proposed for commercial development because much of it was designated for ponding. Mr. WindschitI's argument at that time '. j Regular Andover City Council ,!..{eeting ).,!inutes - July 7. 1998 Page 13 (Amend Andover Comp Plan/Rezoning/Section 23/Ashford Development. Continued) was that if the area was dedicated for drainage, he would never be able to use it for commercial because it would be needed for drainage from the Hamilton property. If it does develop commercial, he presumed it would eliminate the need for ponding because the drainage would be piped. He generally had no problem with commercial development in that area but felt the entire area should be done as one plat. Jen:y WindschitI. Ashford Development - stated the plat of Chesterton Commons was stalled originally because the land use and the zoning did not match. That is the problem here, and that is why the request for the Comprehensive Plan amendment and rezoning is before the Council now. He is trying to do the the way it is required by ordinance. He does not have a problem replatting that area, and he understands the drainage issue has to be resoived and approved by both the City and the Watershed. There is no disagreement that everything down stream will have to be modifid to accommodate the commercial area. Mr. Carlberg stated it is common that the Comprehensive Plan amendment, rezoning and platting come before the Council at one time. , , j The Council had a concern with approving the amendment and rezoning without kno\';ing what is being pmposed and without some resolution to the drainage issue. It was also acknowledged that because of the time limit, the rezoning would have to be acted upon tonight unless the developer asked to have it tabled. If only the amendment is approved by the Council and the Metropolitan Council, then the City is basically forced to rezone the property to bring it into compliance. Also, a tour-fifths vote is required on both items. Because of these issues, the Council asked Mr. Windschitl ifhe would be willing to table the item to the next regular meeting. !'vir. WindschitI - stated he would have no problem tabling the two items. Mr. Carlberg asked that that request also be made in writing. Motion by Dehn, Seconded by Kunza, to table Items 8 and 9 until the next meeting. Motion carried on a 4- Yes, I-Absent (Knight) vote. SPECIAL USE PERMIT/ANTENNAE/1786 BUNKER LAKE BOULEVA WIRELESS Mr. Carlberg reviewed the request of US West Wireless t onstruct a Wireless Communications facility 120 feet above ground at 1786 Bunker Lake Bevard. The proposal is to lease a 20x20-foot area from Eddy's Auto Body, and they woul e responsible for the security, landscaping and , screening. The Andover Review Commi e expressed a concern with the visual aesthetics of the , J tower at this location. which is adjac to the new commercial park. Staff is wondering if US West would be willing to relocate tower to the WDE site approximately one-half mile north. Councilmember Dehn felt t antennae as proposed could be very conducive to the area and had no problem with the requ . This is very necessary in society today. " ,/ :Jlanning and Zoning Commission Meeting June 23, 1998 - Minutes. :Jage 4 3he also felt that with the issue tween Chesterton Commons and Hamilton Square not being -esolved, it would not be a good id to approve this request. ':;ommissioner Gamache stated he would beagains He did, however, feel it is a ':;ommissioner Apel suggested that this co Jood spot for commercial. AOTION by Peek, seconded by Gamache to forward to th City Council a resolution denying an ~mendment to the Comprehensive Land Use Plan to change e land use district designation rom Residential Urban Single Family to Commercial for Gerald d Carol Windschitl on property lwned by Ashford Development as prepared by City Staff noting th it was the opinion of the .Jlanning and Zoning Commission that this proposal was not consisten ith the current :omprehensive Plan and that the Commission funds it will have a detrime al affect on the lealth, safety and general welfare of the city. , '/ ~otion carried ~m a 4-yes (Wells, Apel, Gamache, Peek), 2-absent (Squires, LuedtK This Jill go before the City Council on July 7, 1998. ~blic Hearing/Rezone from R-4 to C, Section 23/Gerald Windschitl lr. Hinzman explained that because this item is contingent upon the previous item being pproved, it would not be appropriate to fully discuss it; however, since a public hearing was dvertised it should be acted upon. cting Chairman Peek opened the public hearing. lOTION by Gamache, seconded by Wells to close the public hearing. Motion carried. lOTION by Wells, seconded by Gamache to forward to the City Council denial of the rezoning ;quest of Gerald Windschitl. Motion carried on a 4-yes (Apel, Gamache, Peek, Wells), 2-absent 3quires, Luedtke) vote. This will go to the City Council on July 7, 1998. me~ded Special Use Permit/Bulk Storage of Liquid Fuels/3118-162n /0. / Ir. Hinzman reviewed the request of Ace Sol' ste to replace a 3000 gallon underground ;orage tank with a 10,000 gallon un round storage tank on their property at 3118 - 162nd ane NW. The property is z ndustrial and the surrounding land uses are also Industrial. ,1e original tank was installed in the 1970's and federal regulations now require that all tanks . .. J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: June 23. 1998 ITEM NO. 5 ORIGINATING DEPARTMENT Public Hearin!!: REZ 98-03 Rezone from R-4 to SC Section 23 Gerald Windschitl Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to review the rezoning request of Gerald Windschitl to rezone approximately 5.45 acres owned by Ashford Development Corp. from R-4, Single Family Urban to SC, Shopping Center. The proposed area is located in the southwest corner of the CHESTERTON COMMONS Preliminary Plat in Section 23 (PIN 23-32-24-23-0003), legally described on the attached amendment to Ordinance 8, Section 6.03. , j The rezoning is submitted in conjunction with a Comprehensive Plan Amendment from RU, Residential Urban Single Family to C, Commercial. Applicable Ordinances Ordinance 8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). Ordinance No.8, Section 5.03(B) establishes the criteria for granting a special use permit. These same criteria have been utilized by the City in considering rezoning applications in the past. The criteria include the following: Effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land. Existing and anticipated traffic conditions including parking facilities on adjacent streets and land. Effect on values of property and scenic views in the surrounding area. ) Effect of the proposed use on the Comprehensive Plan. Page Two Rezoning - R-4 to SC / Section 23 June 23, 1998 Ordinance 8, Section 6.02 establishes the minimum length, width and size for property in the SC, Shopping Center Zoning District. They are as follows: Lot Width at Front Setback Lot Depth Minimum District Area - 200 feet - 150 feet - 5 acres Ordinance No.8, Section 6.01, designates the Shopping Center District as serving modem retail shopping facilities of integrated design in appropriate locations. The general location of potential shopping center sites will be indicated on the Comprehensive Plan. Adiacent Zonin!! and Land Use Adjacent zoning and land use within 350 feet includes the following: North East South West R-4, CHESTERTON COMMONS Preliminary Plat R-4, CHESTERTON COMMONS Preliminary Plat SC, HAMILTON SQUARE (Post Office, Medical Clinic) R-l, Oak View Middle School General Review · The proposed site was originally designated for single family detached housing as part of the Chesterton Commons Preliminary Plat. Eleven lots would be eliminated and Eagle Street NW would need to be relocated (see attachment). The original plat would need to be amended to reflect these changes. · The applicant has not indicated proposed use for the development. Potential SC uses are attached. · Property owners in Chesterton Commons purchased property under the assumption of a single family detached development. The nearest existing residential lots are approximately 160' from the development. · Adequate separation via landscaping and\or berming should be implemented to negate the impact of the commercial site upon existing and planned residential areas if the amendment is approved. / · The proposed site is adjacent to the Hamilton Square commercial development consisting of a Post Office and Medical Clinic Page Three Rezoning - R-4 to SC Section 23 June 23, 1998 Commission Options 1. The Andover Planning and Zoning Commission may recommend to the City Council approval of the rezoning request of Gerald Windschitl on property owned by Ashford Development Co., Inc. to rezone approximately 5.45 acres from R-4, Single Family Urban to SC Shopping Center in the southwest comer of CHESTERTON COMMONS Preliminary Plat located in Section 23, legally described on the attached amendment to Ordinance No.8, Section 6.03. 2. The Andover Planning and Zoning Commission may recommend to the City Council denial of the rezoning request Gerald Windschitl on property owned by Ashford Development Co., Inc. to rezone approximately 5.45 acres from R-4, Single Family Urban to SC Shopping Center in the southwest comer of CHESTERTON COMMONS Preliminary Plat located in Section 23, legally described on the attached amendment to Ordinance 8, Section 6.03. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Section 5.03(B). 3. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. Attachments · Ordinance Amendment . Location Map . Site Plan · Map of CHESTERTON COMMONS Preliminary Plat · Listing approved uses for the SC, Shopping Center District . Application · Notice of Public Hearing \ / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows, subject to conformance with the Comprehensive Plan: Rezone approximately 5.45 acres from R-4, Single Family Urban to SC, Shopping Center in Section 23 (PIN 23-32-24-23-0003) legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the Southwest comer of the Southwest Quarter of the Northwest Quarter of said Section 23; thence North 00 degrees 02 minutes 19 seconds East, assumed bearing, along the west line thereof a distance of 720.12 feet to the intersection with the north line of the South 720.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 88 degrees 53 minutes 56 seconds East, along said north line a distance of303.14 feet; thence South 57 degrees 53 minutes 02 seconds East a distance of 31.76 feet to the east line of the west 330.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 00 degrees 02 minutes 19 seconds West, along said east line a distance of 703.76 feet to the south line of said Southwest Quarter of the Northwest Quarter; thence North 88 degrees 53 minutes 56 seconds West a distance of330.06 feet to the point of beginning. NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 2lst day of Julv, 1998. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor '. / Victoria V olk, City Clerk 'I j J ~ ) ~~z ~: >>>en ::::J::::J::JO o a. a. c ;00;-00.... W ~~::i E g g 9;" 3. (J)~ ri;' ~ S" ~ ~ ~ \ .... ) "5-g '" - 3 .. a G> ::0 ~ Dl "0 CJ Dl (jj DO ~ "1J tll ~ CD ~ ..... - "T1 OJ Cll 0 tll C - ::l ~ a. Cll tll (J) :::::!. Cll CIl 0> - N (..J - CD OJ 111~m!EI~Ii~DDD G)-;-G)CIlZ{j;;::;:::U:U:U:U:U ::O_lJJOCD N~~WN~~ I ::::J I I I I I I I I I )> , G)gG)CIlZC:,..,..CIlCllCll'CIl CD !1. CD =r ~. ~. E" E" S' 5" S" ;: S' ~ iii' ~..g ~ CD a: Et'9.te.'9. ~ tQ. -._-.-oao."'O"OCDCDCDc:CD ~ ~:roCDCDar"'T1"T1"'T1-"'T1 :::0 ro(C 3- c: 0 0 Q) OJ Q) ~ Q) ~ ~ Q8 5.~:E ~g.~c~ @ :5":::J a. CD ~ ~-< '< "< CD "'f ~ CDmOJ(f)~5c:u,ma.::o 0" ~...,~VJcccca-g.~:r:5i ::::J -. 100 c: Q) 0 Q) ffi o::::Ja-<D~- en ::E Q) :r (I) O::::J to CD => en '" '< N o :J :J CO o CD en CO :J Q) ~ o :J en ~~t"" .... ~ 0 = N ~ 0. ~ 'IJ I,C)... . ~ -.) 0 =- ' = ....= e.lH~ ~~ ,'t:l ~ - o rFJ. (j IJ "1J ..... 02. Cll o - ~ CD (Jq CD ::s p.. r o o tll <:!: o ::l L"" """ ""tl tl ::s ::S;J:.. ~.~ Q ba~ ~ ~ 0 ~~'..:::;., ....~ ~ ~ ::s ... 9 303,14 S S8"53'66" E \ j W :()) ~CO . Ntt) p-- 01") .0__ z .. <'< oj '" ~ N I') i llJ n NC1l N -- .; ~~ OJ Vl ~ ~ ~ 51 d -.; ; .:: ~ z " .:: - - Q " ~ - " i \ \ \ \ , SKECTH OF DESCRIPTION FEB. 10, 98 w C> <D~ ~~ Z " , J 330.06 \ ... N !l8053'56 W : \ 'Scy\hwe,t corner cf N'N 1/4 I \ See. 23, T...p. 32, Rge. 24 , \AnOko CQUI'lty MonurTlcI'lt i \ Bo",<:rmark , . ! ~ , .; ~~ ~, I I I , \ I Southwest corner , I ,See:.. 2~ Twr' .:12. R~~. 24 ~... A"ako ..oun y Monument ... '~ - Soutn iin~ <:1 In. Northw,"st Quartet" Sec. ZJ. N " ) .it... ..", "..:t. - I . ~. -,' j. ~ - ,. , '" _ -,..- 4;d~ ".~ ~'I L 1~~ ',9f. 't:.:' t I.:. - J"" tlI;.\IQ;:.NYi.. ...,.. ..,~.. ~~'.'~ ':~;.....; .;. ." ,~> ~~:r.:"~:,'.l.,;: .' .:'- '":.;;- \" "': .;~..'; t.. .~, . . .' . .. . . ..:,.... . ';l~" '. '. . . ',:) . . . .- . .' . " , I CITY OF ANDOVER SC, SHOPPING CENTER. Per Ordinance 8, Section 7 For further infonnation, please contact the City of Andover Planning Department, 755-5100 PERMITTED USES · Day Care Centers . Financial Institutions · Hotels & Motels . Manufacturing (limited) · Medical & Dental Clinics . Mini Storage · Mortuaries & Funeral Homes . New Vehicle Sales · Private Clubs, Lodges, or Halls . Professional Offices · Professional Studios . Public Owned & Operated Property · Rental Businesses . Repair Services · Research Laboratories . Restaurants · RV, Boat & Marine Sales & Equipment . Commercial Recreation* · Service Stations . Theatres · Vehicle Wash Establishments . Vet Clinic or Hospital (no outside pens) · Vo-Tech, Trade, & Business Schools . Warehouses & Wholesale Businesses · Retail Trade and Services: Stores and shops selling personal services or goods over the counter. These include: / \ / Antiques Auto Accessories Barber Shops Bicycles Candy Carpets & Rugs China & Glassware Clothes Pressing Custom Dressmaking Drugs Electrical Sales & Repair Food Furrier Shops Gifts Hats Household Appliances Interior Decorating Laboratories Laundry & Dry Cleaning Pickup Leather Goods Locksmith Shop Art & School Supplies Bakeries Beauty Parlors Books & Stationary Camera & Photo Supplies Catering Establishments Christmas Trees Clothing & Costume Rental Department Stores Dry Foods Florist Furniture Garden Supplies (year round) Hardware Hobby Shops Hotels Jewelry Sales & Repair Medical Research & Testing Laundromat Luggage Musical Instruments , , J Office Supply & Equipment Paint & Wallpaper Sales Photography Studios Restaurant Sporting Goods Theatre (except drive-in) Tobacco Variety Stores Optometrists Phonograph Records Service Station Shoes Tailoring Therapeutic Massage Toys Wearing Apparel PERMITTED ACCESSORY USES . Any incidental repair, processing; and storage necessary to conduct a permitted principal use not exceeding 30% of the floor space of the principle building SPECIAL USES By Special Use Permit ': , / . Antennas (exceeding 35') . Blacktop or crushing plant for Hwy . Car Wash** . Liquor, Dancing, Tavern, Live Entertain . .Marquee (with or without signs) . Public Utility Structures (ex on ROW) . Service Station** . Signs on benches, shelters, etc. . Special Event Signage, etc. . Area Identification Signs* . Commercial Animal Training . Drive-In Business /Drive-Thru Window . Outdoor Display, Sales, Storage*** . PUD (per sect 4.18, Ord. 112) . Real Estate Signs**** . Vet Clinic or Hospital (no outside pens) . Search lights, banners, etc, . Excavation (ex when bldg permit issued) * Five acres or more ** After 25,000 s.f. of retail floor space is constructed *** During operating hours only ** ** Over 32 s.f, per lot frontage & exceeding other sign area limits in business & industrial areas USES EXCLUDED . Auto Reduction Yards . Exterior Storage of Waste Tires . Landfills \ . Auto Recycling Yards . Junk Yards .../ V \ , " CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA N.oTICE .oF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p,m" or as soon thereafter as can be heard, on Tuesday, June 23, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Qlmprehensive Plan amendment and Rezoning request of Gerald Windschitl to. change the land use district designation from RU, Residential Urban Single Family to C, Commercial and rezone from R-4, Single Family Urban to SC, Shopping Center at 154xx Hanson Boulevard NW, generally located north and west ofCHESIERTON COMMONS and opposite Oak View Middle School (pIN 23-32-24-23-0003) legally described as follows: / That part of the Southwest Quarter of the Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the Southwest comer of the Southwest Quarter of the Northwest Quarter of said Section 23; thence North 00 degrees 02 minutes 19 seconds East, assumed bearing, along the west line thereof a distance of720,12 feet to the intersection with the north line of the South 720.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 88 degrees 53 minutes 56 seconds East, along said north line a distance of303.14 feet; thence South 57 degrees 53 minutes 02 seconds East a distance of31.76 feet to the east line of the west 330.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 00 degrees 02 minutes 19 seconds West, along said east line a distance of703.76 feet to the south line of said Southwest Quarter of the Northwest Quarter; thence North 88 degrees 53 minutes 56 seconds West a distance of330.06 feet to the point of beginning. All written and verbal comments will be received at that time. A copy of the application will be available for review prior to the meeting at City Hall. ~t!4 Victoria V olk, City Clerk Publication dates: June 12, 1998 June 19, 1998 PIN 233224220001 CAMBRIDGE CAPITAL INC 941 HILLWIND RD NE STE 301 ~ '~EAPOLIS MN 55432 ,~ PIN 233224210001 ASHFORD DEVELOP CORP INC 3640152NDLNNW ANDOVER MN 55304 PIN 22322411 000 I CENTER OAKS PARTNERS 13736 JOHNSON ST NE HAM LAKE MN 55304 PIN 233224320002 HAMIL TON LORA G 6615 HWY lONW ANDOVER MN 55304 PIN 223224410001 ANDOVER CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN 223224140006 ANOKA HENN IND SCHOOL DIST II 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN 233224240002 KOPIS CHESTER A & DOROTHY 1296 CROSSTOWN BLVD ANDOVER MN 55304 RESIDENT 15245 BLUEBIRD STNW ANDOVER, MN 55304 RESIDENT 15219 BLUEBIRD STNW ANDOVER, MN 55304 RESIDENT 1335 153RD LANE NW ANDOVER, MN 55304 RESIDENT 1425 153RD LANE NW ANDOVER, MN 55304 RESIDENT 1504 153RD LANE NW ANDOVER, MN 55304 RESIDENT 1470 153RD LANE NW ANDOVER, MN 55304 RESIDENT 1434 153RD LANE NW ANDOVER, MN 55304 RESIDENT 1404 153RD LANE NW ANDOVER, MN 55304 " " ) RESIDENT 1380 153RD LANE NW ANDOVER, MN 55304 RESIDENT 1370 153RD LANE NW ANDOVER, MN 55304 '\ j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: Auqust4.1998 ITEM NO. Discuss Ordinance 109 (Snowmobiles) ,. ORIGINATING DEPARTMENT Todd Haas,~ Engineering AGENDA SECTION Discussion Item The City Council is requested to discuss Ordinance 109 regarding snowmobiles. The Snowmobile Task Force did meet on July 16, 1998 to discuss metal traction devices on snowmobile tracks, Attached is the new state law regarding this issue. It is staffs opinion that Ordinance 109 does not need to be amended due to the state law which specifically states that "a person may not operate a snowmobile with a track equipped with metal traction devices on public lands, roads, or trails, or public road or trail rights-of-ways. The other issue the task force discussed is of 161st Avenue NW should be the boundary where snowmobiles would not be allowed to operate in the City south of this line. , Wayne Ness and Carolyn Fisher (both represent the concerned citizens group) have again / recommended that the boundary be 161 st Avenue NW and snowmobiles would not be allowed to operate south of this line. If you recall, Mr. Ness and Ms. Fisher had recommended this option last year at this time prior to the 1997-1998 snowmobile season, Deputy Rick Kreyer from the Anoka County Sheriffs Department felt from their perspective that the 161 st Avenue NW line would be easier from an enforcement standpoint. If the City Council is recommending an amendment to have 161st Avenue NW as the boundary line, staff would then prepare an amendment and present this item to the City Council on August 18, 1998, Note: Ordinance 109, Section 4.a.4 already specifically states that snowmobiles are not allowed on a public sidewalk or walkway provided or used for pedestrian travel. .' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 "- 18 ) 19 20 21 22 23 24 ) / CHAPTER No. 401 S.F. No, 3353 accident to the commissioner on such form as the commissioner shall prescribe. If the operator is killed or is unable to file a report due to incapacitation, any peace officer investigating the accident shall file the accident report within ten business days. Sec. 23. Minnesota Statutes 1996, section 84.871, is amended to read: 84.871 [M6PPbERS EQUIPMENT REQUIREMENTS.] Subdivision 1. [MUFFLERS.] Except as provided in this section, every snowmobile shall be equipped at all times with a muffler in good working order which blends the exhaust noise into the overall snowmobile noise and is in constant operation to prevent excessive or unusual noise. The exhaust system shall not emit or produce a sharp popping or crackling sound. This section does not apply to organized races or similar competitive events held on (1) private lands, with the permission of the owner, lessee, or custodian of the land; (2) public lands and water under the jurisdiction of the commissioner of natural resources, with the commissioner\s permission; or (3) other public lands, with the consent of the public agency owning the land. No person shall have for sale, sell, or offer for sale on any new snowmobile any muffler that fails to comply with the specifications required by the rules of the commissioner after the effective date of the rules. Subd. 2. [METAL TRACTION DEVICES ON SNOWMOBILE 26 TRACKS.] Except as provided in this subdivision, a person may 27 not operate a snowmobile with a track equipped with metal 28 traction devices on public lands, roads, or trails, or public 29 road or trail riqhts-of-way. Pursuant to section 84.86, the 30 commissioner may adopt rules that: (1) limit the use of 31 nonmetal traction devices; and (2) permit metal traction devices 32 that meet certain specifications. 33 Sec. 24. [84.8715] [METAL TRACTION DEVICE STICKER.] 34 Subdivision 1. [STICKER REQUIRED; FEE.] A person may not 35 operate a snowmobile with a track equipped with metal traction 36 devices unless a metal traction device sticker is affixed to the Section 24 33 " .J ) , / CHAPTER No. 401 S.F. No. 3353 1 snowmobile. The commissioner shall issue a metal traction 2 device sticker upon application and payment of a $50 fee. The 3 sticker is valid for one year following June 30 in the year it 4 is issued. Fees collected under this section shall be deposited 5 in the state treasury and credited to the snowmobile trails and \ \ 6 enforcement account in the natural resources fund. Money 7 deposited under this section must be used for repair of paved 8 public trails except that any money not necessary for this 9 purpose may be used for the grant-in-aid snowmobile trail system. 10 Subd. 2. [PLACEMENT OF STICKER.] The metal traction device 11 sticker must be permanently affixed to the forward half of the 12 snowmobile directly above or below the headlight of the 13 snowmobile. 14 Subd. 3. [LICENSE AGENTS.] The commissioner shall sell 15 metal traction device stickers through the process established 16 under section 84.8205. 17 Subd. 4. [REPEALER.] This section is repealed on July I, 18 1999. 19 Sec. 25. Minnesota Statutes 1997 Supplement, section 20 85.015, subdivision lc, is amended to read: 21 Subd. lc. [METAL TRACTION DEVICES; PROHIBITION ON PAVED 22 TRAILS.] A person may not use a snowmobile with metal traction 23 devices on any paved seaee public trail, except as otherwise 24 provided by a local government with jurisdiction over a trail. 25 Sec. 26. [85.0156] [MISSISSIPPI WHITEWATER TRAIL.] 26 Subdivision 1. [CREATION.] An urban whitewater trail is 27 created along the Mississippi river in the lower St. Anthony 28 falls area below the stone arch bridge in Minneapolis. The 29 trail must be primarily developed for whitewater rafters, 30 canoers, and kayakers. 31 Subd. 2. [COMMISSIONER'S DUTIES.] (a) The commissioner of 32 natural resources must coordinate the creation of the whitewater 33 trail by placing designation signs near and along the river and 34 must publicize the designation. 35 (b) In designating the Mississippi whitewater trail, the 36 commissioner must work with other federal, state, and local Section 26 34 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \, DATE: August 4. 1998 , / AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. I r~-NO-Wake Ordinance At the last City Council meeting on July 21, 1998 Council directed staffto contact the property owners along the Rum River who have attended previous City meetings regarding the establishment of a Slow- No- Wake Ordinance for the Rum River. Staff has had conversation by telephone with these residents and have updated them regarding the status of this proposed ordinance. These residents have indicated to staff that they will be present at the meeting to address their concerns. / ~ I (@ ~ City of Andover, Minnesota lncorporated 1974 .~ I~ ~ \ J RUl'I'/ RIVER " => tL1 --.. SLOW-NO- WAKE ZONES ..I'J '\t ~~, i... ~ I~ . ~~~ . ~\~~~~, L~ ~. I ~....J:::1 //111111 f- "\ I , L1 -' I~~ ~ i I'-, t- t:;~~ ,- "-- \ H L ~ffi LJ-DOU ~ EW -e.- L- I I '-- e.- f-- ". "~ I F=~~ f-,- r-r- ~ ~~L ~ :~lJ .1 ~~IYiV .. .. I: =&~ ~~ ~.... *'-' ~ \ -- ~m\== MILE ""RKER ~L ~ ~'= titt1ttdiJ 1 ::~:~:NWTOI1grnAYENW 7,.~M,,;, I\~;>-II ,~ _ ABOYETfHAYE.BRJDGE " 101 ~~ p.. BOY SCOUT CA,tP i "O~ 'm"~ ""'^~=:: :~j ~'1 ~ ~m~ A~7'~o=q~ ~ ~();1"'~ tfi3(i J~ 1/1TTT f!~ II II en..".,.., ~ , , I LEGEND '.' ~ Slow. No . Wake Zones _..___ 5.2 Approximate Mile Marker --- .;'.~.! Rum River .-...-- - Parceb BolUldaries --. - - - . n. ~ H' , NOTES: !' r '. , " , .' ~ i Section 3. Reeulations. No person shall operate a watercraft of greater than a slow-no wake speed (five [5] miles per hour) within the following slow-no-wake zones in the Rum River identified on the attached map: Zone Location (Mile Marker) I 2 3 4 12.4 - 12.7 9,8- 10.l 6.3 - 7.2 4.4 - 5.2 The slow-no wake zone shall be in effect twenty-four (24) hours a day, all year. Section 4. Exemptions. Authorized resource management, emergency and enforcement personnel, when acting in the performance of their duties, shall be exempt from the provisions of this ordinance. . Temporary exemptions from this ordinance may be granted to local, state or federal law enfo,rcement agencies. Section 5. Markines. The Anoka County Sheriffs Department shall be responsible for informing the public, posting notification at all public accesses and marking or buoying all slow-no-wake zones affected by this ordinance as necessary to give reasonable notice to the speed restrictions established. Section 6. Enforcement. The Anoka County Sheriffs Department and other licensed peace officers, including Conservation Officers of the Department of Natural Resources of the State of Minnesota are authorized to enforce this ordinance. Section 7. Penalty. Any person violating any provision of this ordinance shall be guilty of a petty misdemeanor and upon conviction shall be punished by a fme and/or imprisonment. Section 8. Effective Date. : The effective date of this ordinance is thirty (30) days after its passage and publication. 2 \ ORDINANCE NO. 231 CITY OF ANDOVER COUNTY OF A1'\J'OKA STATE OF MINNESOTA AN ORDINA1'\J'CE REGuLATING THE OPERATION OF WATERCRAFT ON THE RUM RIVER IN THE CITY OF ANDOVER, MINNESOTA. The City of Andover hereby ordains as follows: Section 1. Purpose. , j It is the purpose of the City of Andover to regulate the operation and speed of watercraft on the Rum River from the borders of the City of Ramsey and the City of Anoka upstream to the border of the City of Oak Grove. The limitations contained in this ordinance are designed to prevent and limit the erosion which is occurring to the banks and shoreline of the Rum River within the City of Andover. The heavy wake from water skiing, jet skiing and speedboating creates wave action which is eroding the shoreline, . banks and bluffs along the river, is adverse to the public's interest in maintaining and preserving the shoreline. People swimming, canoeing and using the river more passively are placed in jeopardy by water skiing, jet skiing and speedboating. This ordinance is de:;igned to protect the health, safety and general welfare of the public. Section 2. Definitions. The following words and phrases, when used in this ordinance shall have the meanings set forth: Person includes an individual, partnership, corporation or any body of persons, whether incorporated or formed as association or not. Overate to navigate or otherwise use a watercraft. Watercraft is as defined in Minnesota Statutes 28B.005, Subd. 18. Slow-no-Wake the operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five (5) miles per hour. Rum River that body of water which borders the cities of Andover and Ramsey. 1 \ ,) '.J \ ./ \ \ Adopted by the City Council of the City of Andover on this _ day of 1998. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk J. E. McKelvey, Mayor 3 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ , ~j DATE: August 4. 1998 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. I q~in Whistle Blowing Ordinance Backl!round Please find attached a letter submitted to the City and a list of fifty (50) signatures addressing their concerns of excessive train whistle blowing. Apparently, there is an excessive amount of whistle blowing in the early morning hours along the north-south railroad tracks located in the eastern portion of the City that are owned, operated and maintained by Burlington Northern Sante Fe Railroad. Research '. J As stated in the attached letter, residents living near the railroad tracks would like to see this noise issue resolved. Staff has contacted a few cities that have experience the same problem (excessive whistle blowing adjacent to residential neighborhoods). Below are the findings: St, Paul Recently adopted an ordinance on July 8, 1998 (see attached ordinance). It is to our understanding that their is a good working relationship with the railroad company (Canadian Pacific) and the City. Canadian Pacific has agreed not to blow locomotive whistles at or near grade crossings in the City. Goodhue Has an ordinance addressing this matter. The City recently cited a locomotive engineer for violating their whistle blowing ordinance. The matter was directed to the courts in which a district judge threw out the case. Apparently, the ordinance is not effective. Plvmouth Has an ordinance. Apparently they are also having difficulties with enforcement. Coon Rapids Is in the process of adopting an ordinance. The City has been working on this ordinance for five (5) years. Several units of government (City, County, State, Federal Railroad Administration, U.S. Department of Transportation, etc.) are playing a role to approve a Pilot Study at three (3) grade crossings to eliminate the blowing of whistles. '\ '-~ Staff has talked with the City Attorney for Coon Rapids regarding their draft ordinance. , ) , ,/ \ , / The City is currently in the process ofre-constructing three (3) of the ten (10) grade crossings to meet the Federal Railroad Administration safety standards. Medians and posts will be constructed. During the six (6) month Pilot Study, cameras will be mounted at each intersection and will be used to monitor the safety ofthe traffic (with and without whistle blowing). If the results of the study are favorable in regards to a safety standpoint to the Federal Railroad Administration, the City may pursue the adoption of such ordinance. The costs to improve grade crossings and conduct pilot studies are several hundred thousand dollars. The City is looking at legislative monies to help alleviate the financial burden to taxpayers. Coon Rapids has contacted the League of Minnesota Cities in regards to liability issues with an ordinance that would prohibit whistle blowing. The League has indicated that they would cover all insurance claims. Andover Situation Andover has the following six (6) railroad road grade crossings in the City: 1) Bunker Lake Boulevard NW 2) Andover Boulevard NW 3) Crosstown Boulevard NW 4) 161st Avenue NW 5) Ward Lake Drive NW 6) 181 st Street NW Please give direction to staff in regards to this issue. 7/24/98 \ ) To: Engineer of Public Works Burlington Northern/Santa Fe Railroad Company From: Steven Feldman Re: Excessive Whistle Blowing In Early Morning Hours Mr. Arndt, Back in February of this year I wrote to the railroad about excessive whistle blowing in the early morning hours and for about two weeks or so it did seem to be better. Since then I have talked to other neighbors and have accumulated over 50 signatures and can get a lot more (if you need them) on this problem. Let me first say that from all the people I talked to, they all understand that the reason for whistle blowing is SAFETY, no one disputes that. What they do not understand is long, loud and excessive whistle blowing at 1 :30a.m, 2:30a.m, 3:30a.m, and 4:30a.m, etc. The track going through Andover is a very active one and sometimes there may be 3 or 4 trains within an hour in the early morning hours. The \ mothers tell me that if their kids are awoken at those particular times that it is difficult to j get them back to sleepl Everyone admits that the railroad was here first but they also say that the city is building up with residential homes and the area has changed. I know that this problem can be solved, for instance, shorter whistle blasts and it should be the same with all the engineers. Has the railroad ever thought about two arms on both sides of the tracks at a controlled intersection? Possibly putting big signs at the intersections warning people not to cross when the arms are down. Would it be feasible to not run the trains from midnight until 6a.m? (Like the airports). My neighbors and I will be bringing this issue up to the city council of Andover at their next meeting. In closing let me say that what I do know is that the railroad and the residents of Andover can become good neighbors workinQ tOQether. Respectfully, Steven Feldman 847-14151 Ave. NW Andover, MN 55304 P.S. Enclosed is the list of 50 signatures. \ j "Excessive Whistle Blowing" \ \.~) Si 4~d?r~ '", c~ _ "-~ ~t 'NebGL- I ! : ) /~ , ) \"narmel "lVVV - f\WaKe-( J nese M. t'aUI KeSldents Are ... , ) 'G<hers ..... .. O.wealhei.. .. Q, sports... q'homl':town . Q,business.... ,.;tentertoinment. 0' ~ducolion O,thestriP< .. gctcssifleds > . Ostore4DOO 'I / " ) http://www.channeI4000.comlnewslstorieslnews-980617-104114.html Awake? These St. Paul Residents Are ... St. Paul City Council Eyes Ban After Railroad Begins Blaring Horns While Residents Sleep ST. PAUL, Posted 10:45 a.m. June 17, 1998 -- It's certainly a "not in my backyard" neighborhood issue, but this is one that everyone, everywhere, can relate to. Ever awake in that half-daze, surreal state, look out your bedroom window, see darkness, and find yourself completely lost for a moment? Until you realize there's a sound -- a car alarm, a stuck auto horn or another shrill noise -- that awoke you in the... What time is it anyway? When you realize that it's 2 a,m" that you were in "REM" sleep, and that the sound is really loud you are aggravated, angry, and weary, Well, that's happening for residents living near the Ford Plant in St. Paul's Highland Park neighborhood ,.. and they obviously don't like it. That's because locomotives of the Canadian Pacific Railwav have resumed sounding their air homs at night as they pass through that neighborhood, reports WCCO-Radio, Railroad officials say they assumed that city code prohibited train whistles at night except in cases of emergency. But after learning no such code existed, the railroad resumed use of the horns for safety reasons, reports the radio station, The St. Paul City Council is considering immediate action today to temporarily ban general use of train whistles at night in the city while an ordinance permanently restricting the use is drafted. Parker Hodl!es. Channel 4000 Staff Writer ."Hc. C.-H -t $1'. PA~&.r t'JI\sseo AN OM~MC.' 0ItI ,/,./", 1 ofl 6/17/98 11 :52 AM 2/25/98 '\ ) To: Superintendent Of Minnesota Division 80- 44th Ave. NE Mpls, MN 55101 From: Steven Feldman Re: Excessive Whistle Blowing Mr. Weisman, I was told I could write to you in order to file a complaint about excessive whistle blowing in the early morning hours. I live and work in Andover, Minnesota where I have talked to a dozen people who live in and around a seven-mile radius of the Burlington Northern Railroad tracks (including myself). None of us mind the running of the trains, but we all mind the excessive and loud whistle blowing in the morning hours. I know that by law the engineers have to blow their whistle (2 long and 2 short blasts) but sometimes the whistle blows are very loud and very long. I have heard this at varying times from midnight to 6 A.M. in the morning. At one time this area was all farmland, but in the last ten years it has become more and more developed with residential homes. I wish that there were a "Common Sense" clause in the law that would allow for some leeway in the whistle blowing particularly in those hours that I mentioned. I know that there is not much that you can do about this matter, but my neighbors and I felt that we could at least go on record with our opinion. ') , - / Respectfully, Steven Feldman 847-14151 Ave. NW Andover, MN 55304 P.S. If you know of any other place that I can send this complaint to I Would appreciate you letting me know. '\ '- ",' JUL-27-1998 11:33 . It ILl pre ()(- , '-" ,-55- 4~ ORDINANCE CITY OF SAINT P A P.02/03 Ordinance 1# cmcnSbrnH (;OlP97 ~sentedBY ~ Refcncd To COmmittee Date: 1 An ordinance amending Saint Paul Legislative Code 2 Chapter 293 providing for the regulation of milroad 3 locomotive whistles at grade crossings in the City. 4 5 6 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 7 8 9 Section] 10 11 That Saint Paul Legislative Code Chapter 293 be amended by adding the following new 12 subdivision: 13 14 ~f'1!. ~'l~.04 1 Railroad lot"omotives. lIoundinll whi!!tle~. 1~ / (oJ Statement oflesrfslotive finding intent and nur:pnS{! The council finds that the soundin~ of railroad locomotive whistles at erade crossin Us is on the inr.Tf>~'ie The increased use of railroad locomotive whistles at l!Tade crossinllS throughout the city and especially in residential neiihborhQods near railroad a:rade crossinvs has created an atmo!;J)here that is conducive neither to the Q)liet eniovrnent ofpro.perty nor to the peace and dilmitv of the city. For the pUrnos!.'s of protecting and nromotini the safety. welfare and convenience Qfthe public. and the safety. welfare and convenience of the railroad employees o.peratini locomotives in the ci~ and in conformance with Minn. Stat, ~ 2]9 567 the council finds it necessarv to establish the followine noise relV1lation pc:rtainine to railroad locomotive whistles. 17 18 19 20 21 22 23 :24 25 ~ /. -P<7 ,If-( /?j'J' ?((&.j~"'/ a/J/,L/ . tf:f )~jl~, ,". ,.. .. jU~.~" . ~\ .. fJJ , ?~ ,. t'\) . ~ . '. ". ~ 3. 4 S 6 JUL-27-1998 11:33 P.03/03 I ~I lInnecessQ,.,(y ,oroumttnz w/JJsrteor No person shall sound or bln~ any whistle 9f DtlX loltol!)otive within the city limits exc~t as a WDminll' ofimminj:nt and immediate dan~er to life or prQpert,y 'f1.1~ s(\lmditl2 of an v locomotive whistle shall he prima facie evidence that it was sounded bv the enl?ineer oneratini the locomotive '. Section 2 , , o 9 That this ordinance shall take effect thirty (30) days after its passage, approval and publication. ~\\~v\ <u "D "C.D&I::Iav tI~&.IC~ 'SQ.~~Q,(Il 1C;;;c:t~~ IM&....'... I.......uy loI(."C.~ Mopt.1! by Council: Date Moption Certified by Council &.~etary By. Appr.O'Vttc1 by Mayor: ll;<te By. ,. Requ..1:.cl by >>epart::.tft.ent. af. , By: 1'0"," ApJo~b by ~c.)" At;to..=>~ By: ~~ ~ ""P""."."l by Mayor for th>1lm1..!on = c=c11 By: TOTAL P.03 SENT BY:City of Coon Rapids 7-27-86 16: 15 7676573~755 6823 ;# 2 DRAFT ORDINANCE NO. AN ORDINANCE TO TEMPORARILY PROHIBIT THE SOUNDING OR BLOWING OF RAILROAD LOCOMOTIVE HORNS OR WHISTLES IN THE CITY OF COON RAPIDS, MINNESOTA, DURING A PILOT STUDY PREAMBLE: C. In order to maintain the peace, comfort, repose of the citizens of the City, the City des es to eliminate the sounding or blowing of railroad locomotive horns and whistles at all 0 most of the grade crossings in the City. A. Burlington Northern Sante Fe Railroad ("BNSF") owns. operates and maintains railro tracks within the City of Coon Rapids ("City"). B. There are within the City nine grade crossings of said tracks with roadways owned an maintained by the City, the County of Anoka, or the State of Minnesota. D. Public Law 103-440, Section 302, (subchapter II of Chapter 201 of Title 49, United States Code) requires the United States Secretary of Transportation to prescribe regulatioI1ll requiring locomotive horns to be sounded as trains approach and enter pub ic high - rail grude crossings. j E. Said Law further provides that the Secretary of Transportation may except certain crossings from the horn sounding or whistle blowing requirement if. in the judgment the Secretary. supplementary safety measures at those crossings fully compensate for e absence of the warning provided by alocomotive horn or whistle. F. The City and BNSF are jointly requesting the United States Department of Transportation, Federal Railroad Administration, ("FRA") to approve a Pilot Study to determine the effectiveness of the proposes supplimentary safety measures at three gr e crossings in the City, namely: 121st Avenue, Northdale Boulevard, and the nonheastl most crossing on Egret Boulevard (the "Study Crossings"). G. If approved by the FRA; the elimination of the sounding or blowing of locomotive ho s or whistles during a portion or portions of the Pilot Study will be necessary. Now, therefore, the City of Coon Rapids does ordain: Section 1. No railroad locomotive engineer. or other railroad employee, or railrOad company may sound or blow or permit the sounding or blowing, of a railroad locomotive ho or , I , -- / whistle at the Study Crossings in the City of Coon Rapids during such time or times as a F SENT BY:City of Coon Rapids 7-27-98 18:16 7676573~755 8923 ;# 3 '\ approved Pilot Study program necessitates the elimination of the sounding or blowing of such / horns or whistles. Section 2. The sounding or blowing of a locomotive horn or whbtle at a St\.1dy Crossi g during the portion or portions of the Pilot Study when such horn or whistle are to be eliminate shall be prima facie evidence that the horn or whistle when sounded or blown with the permission of the railroad company. Section 3. A violation of this ordinance shall constitute a misdemeanor. Section 4. This ordinance shall not apply to any horn or whistle sounded or blown as warning of imminent and immediate danger to life or property. Section~. This ordinance shall become effective at such date as is set out in the appro ed Pilot Study program for the tcmpormy elimination of the locomotive horns or whistles or ifn \ such date is established in the program, a date mutually agreed to by the City and the railroad. I This ordinance shall not take effect unless a Pilot Study program is approved by the FRA. Section 6. Before the locomotive horns or whistles may be temporarily eliminated d Section 7. This ordinance shall expire and be null and void from IlIld after the earlic;:!lt the Pilot Study, all supplementary safety measures provided for in the Study must be construe ed Or installed at the Study Crossings, and signs must be erected at said Crossings warning moto . sts that locomotive boms or whistles are not being sounded or blown. . the following: (a) the Pilot Study program is mutually discontinued by the City and BNSF fo safety or other justifiable reasons, or (b) the portion or of the FRA apProved Pilot Study program requiring the temporary elimination of the sounding or blowing oflocomotive horns or whistles at e Study Crossings has been completed, or ) "\ , ./ , / SENT BY:City of Coon Rapids 7-27-96 16:16 7676573~755 6923 '\ ./ (0) January 1,2001. Introduced this _ day of. ,1998. Adopted this _ day of .1998. William F. Thompson, Mayor ATIEST: Betty Backes, CMC, City Clerk ;# 4 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " DATE: August 4. 1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. SUP 98-11 Mining Permit NE 1/4 Section 3 Tony Emmerich Construction It) . John Hinzman, City Planner ReQuest The City Council is asked to table this item by request of the applicant. Please see attached letter. / 7-31-1998 1 : 09PM FROM TONY EMMERICH 612 755 6311 , ~J.."" IAI, . -,. TONY EMMERICH HOMES July 31, 1998 " / Honorable Mayor City Council City Planner City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Please table my mining permit (Lake) application to give me time to do some research. Thank you, ~ I Tony mmerich TONY EMMERICH CONSTRUCTION. me, , ./ 10738 Hanson Blvd. NW . Coon Rapids, MN 55433 P.2 \ \) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: August 4. 1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Comprehensive Plan Amendment Change Land Use District RU & OS to P, Section 22 I City of Andover I. John Hinzman, City Planner .r' . -, , ' ~ .."....r J . Request The City Council is asked to approve the following amendments to the Comprehensive Plan to better define land uses in the vicinity of City Hall: '. · Change the land use district designation from OS, Open Space to P, Public on approximately 40 acres surrounding Andover City Hall, 1685 Crosstown Blvd. NW (PIN 23-32-24-0001 & 0002). '. ./ · Change the land use district designation from RU, Residential Urban Single Family to P, Public on approximately 49.1 acres at Oak View Middle School, 15400 Hanson Blvd. NW (PIN 22-32-24-14-0004, 0005, 0006, 0007, & 22-32- 24-13-0005), The land is currently zoned R-1, Single Family Rural. An application to rezone said property to R-4, Single Family Urban has been submitted in conjunction with the amendment. Plan nine: and Zonine: Commission Review The Planning and Zoning Commission voted 3-0 (3 absent) to approve the request at the July 14, 1998 meeting. Please see the attached minutes for more information. Attachments "\ · Resolution for approval · Planning and Zoning Commission Minutes - July 14, 1998 · Staff Report-July 14, 1998 ./ '\ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM RU, RESIDENTIAL URBAN SINGLE F AMIL Y TO P, PUBLIC AT OAK VIEW MIDDLE SCHOOL (PIN 22-32-24-14-0004,0005,0006,0007, AND 22-32-24- 13-0005), AND FROM OS, OPEN SPACE TO P, PUBLIC AT ANDOVER CITY HALL (PIN 22-32-24-41-000 I & 0002) BY THE CITY OF ANDOVER. WHEREAS, The City of Andover has petitioned for an amendment to the Andover Comprehensive Land Use Plan to change the land use district designation from RU, Residential Urban Single Family to P, Public on approximately 49.1 acres located at the Oak View Middle School site, located at 15400 Hanson Boulevard NW, legally described as follows: '. The Southeast Quarter of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota; except roads, subject to easements of record .~ ,I AND Commencing at the southeast comer of the Southeast Quarter of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County Minnesota; thence west along the south line of the Northeast Quarter of said section to the point of beginning, 1,013 feet east of the southwest comer of the Southwest Quarter of the Northeast Quarter; thence north at right angles 445 feet; thence North 0 degrees, 21 minutes, 20 seconds East, to the north line of the Southwest Quarter of the Northeast Quarter; thence east at right angles along said north line to the northeast comer of said quarter quarter; thence south at right angles along the east line of said quarter quarter to the southeast comer; thence west at right angles along the south line of said quarter quarter to the point of beginning; subject to easements of record; and WHEREAS, The City of Andover has request an amendment to the Comprehensive Plan to change the land use district designation from OS, Open Space to P, Public on approximately 40 acres at Andover City Hall located 1685 Crosstown Boulevard, legally described as follows: "\ The Northeast Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota; subject to roads and easements of record; and / '\ , / Page Two CPA 98-03 RU & OS to P Section 22 WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves said amendment to the Comprehensive Land Use Plan with the following condition: 1. Approval by Metropolitan Council. Adopted by the City Council of the City of Andover on this 4th day of August, 1998. CITY OF ANDOVER , , ATTEST: lE. McKelvey, Mayor Victoria V olk, City Clerk / , , ) Regular Andover Planning and Zoning Commission "'"eeting ,Iv/in utes - ly I';, 1998 Page 5 (Public Hearing: Sped Use Permit - Institutional Sign - Grace Lutheran Church. Continued) is a permanent sign that will ve the ability to scroll a lighted message on the bottom in the future when they can afford it. ilIotion by Gamache, Seconded by lls, to close the public hearing. Motion carried on a 3- Yes, 3-Absent (Apel. Luedtke, Peek) vote. Commissioner Wells felt this will be positl e for the area. She was concerned with having a marquee on the sign at such a busy intersection 0 ause it is a real distraction to drivers. She would prefer to have that portion of the sign be considere again by the City when the Church is ready to install it. and at Festival across the street. That wir. Gillan - stated there are scrolling marquees at McDon would be in the future when they can afford it. iWotion by Wells. Seconded by Gamache, to forward to the City ouncil approval subject to the approval of the county added as a condition. Motion carried on a 3- , 3-Absent (Apel, Luedtke, Peek) vo.te. This will be placed on the August 4, 1998, City Council age da. 8:30 p.m. , ) _ 'vPUBLIC HEAR1:VG: AMENDi"'fENTTO THE ANDOVER COMPREHENSIVE PIAN -lAND ?rUSE PLAN - OS, OPENSPACE, AND RU, RESIDENTIAL URBAN TO P, PUBLIC -SECTION' 22 - CITY OF Alv'DOVER 8:30 p.m. Mr. Hinzman reviewed the proposed amendments to the Comprehensive Land Use Plan to change the land use district designation from OS, Open Space, to P, Public, on approximately 40 acres surrounding the City Hall and to change the land use district designation from RU, Residential Urban Single Family, to P, Public, on approximately 49.1 acres at Oak View Middle School. The land is currently zoned R-I, Single Family Rual, and an application to rezone this property to R-4, Single Family Urban, has been submitted in conjunction with the amendment. Staff feels the P designation more accurately reflects the uses on those properties. The proposal does not include Sunshine Park. which is already designated for General Recreation. Motion by Wells. Seconded by Gamache, to open the public hearing. Motion carried on a 3- Yes, 3-Absent (Apel. Luedtke. Peek) vote. 8:36 p.m. There was no public testimony. \ Motion by Wells. Seconded by Gamache. to close the public hearing. Motion carried on a 3- Yes, ,j 3-Absent (Apel. Luedtke, Peek) vote. 8:36 p.m. Commissioner Wells liked the idea of a Public designation as opposed to Open Spaces. Commissioner Gamache wanted to be sure the change does not affect the four ball fields at the City Hall park and the facilities associated with parks. Mr. Hinzman didn't think it would. r-- , , ) Regular Andover Planning and Zoning Commission Meeting lvfinutes - July 1-1. 1998 Page 6 (Public Hearing: Amend Camp Plan - Land Use Plan - OS & RU to P - Section 22, Continued) ,Wotionby Wells. Seconded by Gamache, to recommended approval to the City Council as proposed by Staff. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. This will be on the August 4, 1998, City Council agenda. 8:37 p.m. -- PUBLIC HEARING: REZONING - R-I, SINGLE FAMILY RURAL, TO R-4, Sl URBAN - SECTION 22 - CITY OF ANDOVER 8:37 p.m. Mr. Hinzman explained there isn't a zoning to the public land us tlistrict, but those uses are permitted in the R-4 district which are served by municipal sewer and ater. The City Hall and both schools are served by municipal utlities. / i Motion by Gamache. Seconded by Wells, to open the public hearing. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke. Peek) vote. 8:38 p.m. There was no /blic testimony. , Motion carried on a 3- Yes, / Motion by Gamache, Seconded by Wells, to close the public 3-Absent (Ape I, Luedtke, Peek) vote. Motion by Gamache, Seconded by Wells, pass on t the City Council the ordinance amending Ordinance No.8. Section 6.03. Zoning District Ma of the City of Andover as drawn up by Staff. Motion carried on a 3- Yes. 3-Absent (Ape I, Luedtke, Peek) vote. This will be placed on the August 4. 1998. City Council agenda. 8:39 p.m, / PUBLIC HEARING: AMEND ORDl 'ANCE NO. 230, NOISE ORDINANCE - SAID AMENDMENT ADOPTS MPCA NOl E STANDARDS Mr. Johnson explained this ordinanJe has been highly successful in other communities, and more and more communities are goin~.{o this type of standard. The MPCA has been very helpful in allowing cities to use their noisedecible monitors and training Staff. Tests were done at Pov's for noise, and it was found they e in compliance with the PCA standards as stated in the proposed ordinance. The council had uestioned the location of the tests, but Staff has learned that the tests are to be taken at the rece' ing property line. So the tests taken by Staff were done correctly. The Commission agree that more members are needed to discuss and act on the proposed ordinance '\ amendment. , / Motion by Wells. Seconded by Gamache, to table this item to the next meeting pending further discussion by Commission members. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. '\ , J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: Julv 14. 1998 ITEM NO. 5 ORIGINATING DEPARTMENT Public Hearine:: Comprehensive Plan Amendment Land Use Change RU & OS to P Section 22 City of Andover Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to review the following amendments to the Comprehensive Land Use Plan: , · Change the land use district designation from OS, Open Space to P, Public on approximately 40 acres surrounding Andover City Hall, 1685 Crosstown Blvd. NW (PIN 23-32-24-0001 & 0002). . Change the land use district designation from RU, Residential Urban Single Family to P, Public on approximately 49,1 acres at Oak View Middle School, 15400 Hanson Blvd. NW (PIN 22-32-24-14-0004, 0005, 0006, 0007, & 22-32- 24-13-0005). The land is currently zoned R-1, Single Family Rural. An application to rezone said property to R-4, Single Family Urban has been submitted in conjunction with the amendment. Applicable Ordinances Minnesota State Statute Chapter 473,858 states, "If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan... after August I, 1995, a local governmental unit shall not adopt any fiscal device or official control which is in conflict with its comprehensive plan." If the Comprehensive Plan is amended, the applicant will need to rezone the land to an applicable zoning district by December 31, 1998. \ , / Page Two CPA 98-03 '. , J RU and OS to P City of Andover Adiacent Land Use Adjacent land use within 350 feet of the site includes the following: North East RU, Residential Urban Single Family; BURR OAK RUN Sketch Plan RU, Residential Urban Single Family; CHESTERTON COMMONS Preliminary Plat C, Commercial; HAMILTON SQUARE (Post Office, Mork Clinic) RM, Residential Medium Density; vacant land P, Public; Andover Elementary School OS, Open Space; Sunshine Park RU, Residential Urban Single Family; unplatted rural residences. A, Agriculture Preserve South Southwest West Andover Comprehensive Plan The Andover Comprehensive Plan, Chapter XI, Section RI(a), defines uses for the P, Public land use district as those designated for public facilities including a new city hall, library and schools. , General Review The land use change is requested to better define uses on the City Hall and Middle School sites. There is no directly corresponding zoning district for P, Public land use district, however schools and governmental facilities are a permitted use in the R-4, Single Family Urban District. Commission Options I. The Andover Planning and Zoning Commission may recommend to the City Council approval of an amendment to the Comprehensive Plan to change the land use district designation from RU, Rural Urban Single Family to P, Public on approximately 49.1 acres located at the Oak View Middle School site, and OS, Open Space to P, Public on 40 acres at the Andover City Hall site. Both sites are in Section 22 and legally described on the attached resolution. . \ , , -j 2. The Andover Planning and Zoning Commission may recommend to the City Council denial of an amendment to the Comprehensive Plan to change the land use district designation from RU, Rural Urban Single Family to P, Public on approximately 49.1 acres located at the Oak View Middle School site, and OS, Open Space to P, Public on 40 acres at the Andover City Hall site. Both sites are in Section 22 and legally described on the attached resolution. " ) > , \ / Page Three CPA 98-03 RU and OS to P City of Andover The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Section 5.03(B). 3. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. Recommendation Staff recommends approval of the Comprehensive Plan Amendment, subject to Metropolitan Council review. Attachments · Resolution for Approval · Location Map . Application · Notice of Public Hearing -:::: - ~ , .:::: ,:~ e O'~ ~ c.aQ GQ~ ~.::::: ~s ~ c.., ..... = ~ S 't:l = ~Q.. Q.,So = ~..... ::;;;~ =_Cl:: oQ..'t:l -..:: 0. = ~ S = oorfJ. ...JUO a "'0 t::: OJ bJ) OJ ...J c o S o ...J ..... U Q) '[ 0- ~ ~ = o .- ..... l;,/ ~ rFJ. VI 1:5 'c - VI i5 Q) VI => "0 C ca ...J ~ -; .E ., tV >0 <: u.~-8 .!! c:'~ .~~ ~ CJ)E~ _.::::: :J ~ .!!! ~ :a ::2 c '- <U :J CI)~::::: <U ~~~~~(G [~ a:~g;<u.t: cn~ -"0 "0 "C E 1;).Q c: ::J ::! ';; "a; "CD E ::J:O &..g ~~~~8~~o~ CI~I.I[Jfi] <n Q) 'C:: l'll -c c ::l o CD ~ l'll 0- n '---.J 00 a> - '<t' ~ - r-. c ~ ~ .~ ~ .. o ~ co ~ .S fJ) ~~~ 0: c> ::J iIi&~8 ~~~~ ::J'O'UO o C c c C/)<(<(oe( <n Q) ..... ::l ..... l'll Q) LL ..... Q) ..... l'll :;: o ill - '" o Q. '" ::2 z~ '\ CITY of ANDOVER '-" 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Property Address CO:\IPREHENSIVE PLAN AMENDMENT REOUEST FOR"I 5eC-fI(f\')J. I III E t..( . Legal Description of Property: 502 4ffach/VW;1 T (Fill in \vhichever is appropriate): . Lot Block ~-~..,;l<-l- l'-l- OC',-,-, '0 ccttS' . Xl-,p...,.JlJ-n .ow'> P P.-i ol..::J - ';>. -;)4 - L[ I- occ I, CC'C'.:2 Addition (If metes and bounds. attach the complete legal description), ----------------------------------------------------- Reason for Request Ie 4mt?l1c:l Cc,o/IjJrChe/15it.e ;.JIOA 10 .Ie CC/JS'rse,tr lv', t'J,,\ C4. ,'/e /1.+ u5e> " J Current Land Use District OS i f.t..A. Requested Land Use District P ---------------------------------- --------- Name of Applicant Ci 1-7 0.( 4f)(!viJl?,- Address If,~) C.'USSfcW!1 f5htl/t:/,v ;4rTdc-v'w 11/.) )-:;-304 Home Phone 7)" )' -S"' loe Business Phone Fax Number 7S-S--2SCfd> Signature Date ------------------------------ Property O\\ner (Fee Owner) Ct+, C{ 4I1d()v'~ / A/K;1::cr /I et?/1?f?;/? x~, a sf. if (/ (If different from abo\'e) Address ((;1{s c.re-5Sic.-"//1 Blvd f/o(CfC( HOIISc.Y/ . {<<! /l.'k/ \, ./ Home Phone 7 ))-S-ICC ( SZ:;'(, -[Cee Business Phone Signature / ~ Date ------------------------------- 7///9 .. -------- '\ / 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 7:30 p.m" or as soon thereafter as can be heard, on Tuesday, July 14, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Comprehensive Plan Amendment request of the City of Andover on property owned by the City of Andover and Anoka-Hennepin School District No. 11 to change the land use district designation on the following properties: Change the land use district designation on approximately 40 acres from OS, Open Space to P, Public at Andover City Hall, 1650 Crosstown Blvd. NW (pIN 22-32- 24-41-0001 & 0002). "' .J . and Change the land use district designation on approximately 49.1 acres from RD, Residential Urban Single Family to P, Public at Oak View Middle School, 15400 Hanson Blvd. NW (pIN 22-32-24-14-0004,0005,0006,0007, and 22-32-24-13- 0005). . ~... All written and verbal comments will be received at that time. A copy of the application will be available for review prior to the meeting at City Hall. tLt.w (/ d// Victoria Volle, City Clerk Publication dates: July 3, 1998 July 10, 1998 \. _/' c;PLrq,?-.J) ,::" t/o,14",. PIN 223224110002 CHESTERTON PARTNERSHIP 3640 152ND LN NW A' ~OVER MN 55304 , ) PIN 223224110001 CENTER OAKS PARTNERS 13736 JOHNSON ST NE HAM LAKE MN 55304 PIN 233224230003 ASHFORD DEVELOP CORP INC 3640 152ND LN NW ANDOVER MN 55304 PIN 223224130012 LEET CAROL L & RANDOLPH A 15357 NIGHTINGALE ST NW ANDOVER MN 55304 PIN 223224140008 AN HENN IND SCHOOL DIST NO II 11299 HANSON BLVD NW COON RAPIDS MN 55433 \ , ) PIN 223224420002. SL YZUK KENNETH L & M A 15211 NIGHTINGALE ST NW ANDOVER MN 55304 PIN 223224420004 LOUDEN STEVEN L 1831 CROSSTOWN BLVD ANDOVER, MN 55304 PIN 223224440002 LOCHER LANDOL J 15451 NOWTHENBLVD ANDOVER MN 55304 PIN 233224320002 MORK CLINIC 15245 BLUEBIRD STNW ANDOVER MN 55304 , / PIN 233224220001 CAMBRIDGE CAPITAL INC 941 HILLWIND RD NE STE 301 MINNEAPOLIS MN 55432 PIN 223224130015 CENTER OAKS PARTNERS 13736 JOHNSON ST NE HAM LAKE MN 55304 PIN 223224130014 STEFFENSEN CURTIS & JANICE 15461 NIGHTINGALE STNW ANDOVER MN 55304 PIN 223224130005 ANOKA-HENN IND SCHOOL DIST #11 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN 223224130011 MCKELVEY JOHN E & J A 15327 NIGHTINGALE ST NW ANDOVER MN 55304 PIN 223224410002 ANDOVER CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN 223224420003 THOMPSON LAROLD 10040-201ST AVE ELK RIVER MN 55330 PIN 223224440004 ANOKA HENN IND SCHOOL DIST #11 11299 NW HANSON BLVD COON RAPIDS MN 55433 ~tf PIN 223224120001 CENTER OAKS PARTNERS 13736 JOHNSON ST NE HAM LAKE MN 55304 PIN 223224140007 PIN 223224140006 ANOKA HENN IND SCHOOL DIST II 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN 223224140005 ANOKA HENN IND SCHOOL DIST II 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN 223224140004 ANOKA HENN IND SCHOOL DIST II 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN 223224410001 ANDOVER CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN 233224330002 HOLASEK WINSLOW I 1159 ANDOVER BLVD NW ANDOVER MN 55304 PIN 223224430002 ANDOVER CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 ,) ] , / "- / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: AUlWst 4. 1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. REZ 98-04 Rezone from R-l to R-4 Section 22 I) City of Andover I~. ~-1 ; . .r-~. ....; , John Hinzman, City Planner Request The City Council is asked to approve the following rezoning of 129.1 acres encompassing Andover Elementary School, Andover City Hall, and Oak View Middle School from R-l, Single Family Rural to R-4, Single Family Urban to better define land uses in the vicinity of City Hall. The rezoning is submitted in conjunction with a C?mprehensive Plan Amendment to P, Public. PlanniDl! and Zoninl! Commission Review The Planning and Zoning Commission voted 3-0 (3 absent) to approve the request at the July 14, 1998 meeting. Please see the attached minutes for more information. Attachments . Amendment to Ordinance 8 · Planning and Zoning Commission Minutes - July 14; 1998 . Staff Report - July 14, 1998 \ I J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map ofthe City of Andover is hereby amended as follows, subject to conformance with the Comprehensive Plan: Rezone approximately 129.1 acres from R-l, Single Family Rural to R-4, Single Family Urban (PIN 22-32-24-14-0004,0005,0006,0007, & 22-32-24-13-0005) and (PIN 22-32- 24-41-0001 & 0002) and (PIN 22-32-24-44-0002, 0003, 0004), legally described as follows: The Southeast Quarter of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota; except roads, subject to easements of record , ) AND Commencing at the southeast comer of the Southeast Quarter ofthe Northeast Quarter of Section 22, Township 32, Range 24, Anoka County Minnesota; thence west along the south line of the Northeast Quarter of said section to the point of beginning, 1,013 feet east of the southwest comer of the Southwest Quarter of the Northeast Quarter; thence north at right angles 445 feet; thence North 0 degrees, 21 minutes, 20 seconds East, to the north line of the Southwest Quarter of the Northeast Quarter; thence east at right angles along said north line to the northeast comer of said quarter quarter; thence south at right angles along the east line of said quarter quarter to the southeast comer; thence west at right angles along the south line of said quarter quarter to the point of beginning; subject to easements of record; and AND The East Half of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota; subject to roads and easements of record. "\ ) ) , / , J ) Page Two REZ 98-04, R-l to R-4 City of Andover August 4, 1998 NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 4th day of August, 1998. CITY OF ANDOVER ATTEST: lE. McKelvey, Mayor Victoria V olk, City Clerk ;t. .. J Regular Andover Planning and Zoning Commission Afeeting !vlinutes - July 1-1, 1998 Page 6 (Public Hearing: Amend Comp Plan - Lan 'se Plan - OS & RU to P - Section 22, Continued) iW:otionby Wells. Seconded by Gamache. to recommende roval to the City Council as proposed by Staff. Motion carried on a 3- Yes, 3-Absent (Apel, Lue , Peek) vote. This will be on the August 4, 1998, City Council agenda. 8:37 om. PUBLIC HEARING: REZONING-R-l,SINGLE FAilfILY RURAL, TOR-4,SINGLE FAMILY URBAN - SECTION 22 - CITY OF AiVDOVER 8:37 p.m. Mr. Hinzman explained there isn't a zoning to the public land use district, but those uses are permitted in the R-4 district which are served by municipal sewer and water. The City Hall and both schools are served by municipal utlities. Motion by Gamache. Seconded by Wells, to open the public hearing. Motion carried on a 3-Yes, 3-Absent (Apel, Luedtke, Peek) vote. 8:38 p.m. There was no public testimony. ) Motion by Gamache, Seconded by Wells, to close the public hearing. Motion carried on a 3- Yes, 3-Absent (ApeL Luedtke, Peek) vote. Motion by Gamache, Seconded by Wells, pass on to the City Council the ordinance amending Ordinance No.8. Section 6.03. Zoning District Map of the City of Andover as drawn up by Staff. Motion carried on a 3- Yes. 3-Absent (Apel. Luedtke, Peek) vote. This will be placed on the August 4, 1998. City Council agenda. 8:39 p.m. PUBLIC HEARING: AMEND ORDINANCE NO. 230, AMENDMENT ADOPTS MPCA NOISE STANDARD Mr. Johnson explained this ordinance has bee Ighly successful in other communities, and more and more communities are going to this e of standard. The MPCA has been very helpful in allo....ing cities to use their noise deci monitors and training Staff. Tests were done at Pov's for noise, and it was found they are' compliance with the PCA standards as stated in the proposed ordinance. The council had estioned the location of the tests, but Staff has learned that the tests are to be taken at the rec . jng property line. So the tests taken by Staff were done correctly. The Commission eed that more members are needed to discuss and act on the proposed ordinance , amendment. / Motion y Wells. Seconded by Gamache, to table this item to the next meeting pending further discussion by Commission members. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. \ ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: July 14. 1998 ITEM NO. 6 ORIGINA TING DEPARTMENT Public Hearin{!: REZ 98-04 Rezone from R-l to R-4 Section 22 City of Andover Planning John Hinzman City Planner Request \ The Planning and Zoning Commission is asked to approve the rezoning request of the City of Andover to rezone approximately 129.l. The proposed site contains Oak View Middle School, Andover City Hall, and Andover Elementary School in the east half of Section 22 (PIN 22-32-24-14-0004, 0005, 0006, 0007, & 22-32-24-13-0005) and (PIN 22-32-24-41-0001 & 0002) and (PIN 22-32-24-44-0002,0003,0004), legally described on the attached amendment to Ordinance 8, Section 6.03. , \ / The rezoning is submitted in conjunction with a Comprehensive Plan Amendment to P, Public for the City Hall and Oak View Middle School sites. Applicable Ordinances Ordinance 8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). Ordinance No.8, Section 5.03(B) establishes the criteria for granting a special use permit. These same criteria have been utilized by the City in considering rezoning applications in the past. The criteria include the following: Effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land. Existing and anticipated traffic conditions including parking facilities on adjacent streets and land. Effect on values of property and scenic views in the surrounding area. \ , / Effect of the proposed use on the Comprehensive Plan. , \ / Page Two Rezoning - R-I to R-4 Section 22 July 14, 1998 Ordinance 8, Section 6,02 establishes the minimum length, width and size for property in the R-4, Single Family Urban district. They are as follows: . Lot Width at Front Setback Lot Depth Minimum District Area - 80 feet - 130 feet - 11,400 s.f. Ordinance No.8, Section 7.01, designates schools and governmental facilities as a permitted use in the R-4 zoning district. Adiacent Zoninl! and Land Use Adjacent zoning and land use within 350 feet includes the following: North East / South Southwest West General Review R-1, Single Family Rural; BURR OAK RUN Sketch Plan R-4, Single Family Urban; CHESTERTON COMMONS Preliminary Plat SC, Shopping Center; HAMILTON SQUARE (Post Office, Mork Clinic) R-1, Single Family Rural; unplatted R-4, Single Family Urban; WINSLOW HILLS R-4, Single Family Urban; PINEWOOD ESTATES R-1, Single Family Rural; LUNDS EVERGREEN ESTATES GR, General Recreation; Sunshine Park R-I, Single Family Rural; unplatted rural residences, ag preserve The rezoning is requested because City Hall and both schools are served by municipal sewer and water, a requirement of the R-4 zoning district. There is no directly corresponding zoning district for P, Public land use district, however schools and governmental facilities are a permitted use in the R-4 district. Commission Options 1. The Andover Planning and Zoning Commission may recommend to the City Council approval ofthe rezoning request of the City of Andover to rezone approximately 129.1 acres from R-1, Single Family Rural to R-4, Single Family Urban at the Oak View Middle School, Andover City Hall, and Andover Elementary School sites located in Section 22, legally described on the attached amendment to Ordinance No.8, Section \ 6.03. / Page Three ') Rezoning - R-1 to R-4 J Section 22 July 14, 1998 2. The Andover Planning and Zoning Commission may recommend to the City Council denial of the City of Andover to rezone approximately 129.1 acres from R-1, Single Family Rural to R-4, Single Family Urban at the Oak View Middle School, Andover City Hall, and Andover Elementary School sites located in Section 22, legally described on the attached amendment to Ordinance 8, Section 6.03. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Section 5.03(B). 3. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. Recommendation Staff recommends approval of the request pending approval of a Comprehensive Plan Amendment change to P, Public for the area. Attachments \ ) . Ordinance Amendment . -Location Map . Application . Notice of Public Hearing \ , / "'::: ~ - .., I !j =: , ) e5e =- 0 /~~ & < - - .c-aQ ~"';' ~ '- Q ~ ;Z~ ~ u:<;::::: 0 ~.::: 't:l :::: O~M c .sa -=M < Q., E-obc c.. <O\c 0 UN-":: ~ O~(..l - .- ..J=:ri1 U ""0 C d) bJ) d) -1 >- .. .. c: C/) Cl CU c: 0 .. c .~ ~ ~ IA CJl c -::J.!!'-CO ~ 00 . 0 t! o.!!!.s ra...J "(j) c: Q) Ol € C .52 'C '" ~ :::J:I: cIJ:::J€ CH::nC/J:::J '-:Z tn - .. c 0 co (1l ~ ~ Co .. m o;~LY'1=?~~(/)cn~4.I ~ . :;:::> ~ "0 " ~ C >-!! >->->-(jj(ii lU"C C:.5: - ~ (1l E~EEE~~~~~~ 0 C ::l l- e> ~ U .2> cu ::l -- c (J) 0 a:: (1l c ~J!!~~~ lU Q)a1 0 g- O Q) :ii~~ -l CJ) CD -- Q) ~ ~.!!~.!!:g.B-"g~'Q.~(Q ~ LL . C:<:J 5 U ~~ ~~~33~.~g-cE c ~ ... II> ~~~~ 0 ... Q) .- .-'-.-::;:::;:Ecu.c:""" Q) ltl ~ 0 O.llll: '(5' (/),C/)(/)rJ) ~Z(/)C>::J" -- Cl ::I '0 '00 C) I < I I I 'I I I I -g I (1l (1l o c c c ... :s: c.. r;nc(c(<( a.. c ~~C';-Ic?""7~~mum"7ct: a.. ltl C a::a::a::c::c::::;:::;:.....zenCl_Cl 0 0 :::E IJ 0 DDDruJl~lrn~~II~ I z-< N I '" ~ ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Property Address REZONING REQUEST FORM SeC+ {Or') d::Z Legal Description of Property: S:?e aJ-{-a.Chti!e,1+- (Fill in whichever is appropriate): Lot Block .;:n -.3,;:. -JLj-It-c;ca4~ Gc<:.'& PIN J.J.-p-~ -13-0.:.:.'., ~-p.~'t -IJ1-ooa.,cJcI(O). .:1.;t -~...;z<{-44 -OO()~.iJlJc)4 Is the property: Abstract information must be provided County) . Addition (If metes and bounds, attach the complete legal description).. or Torrens 'X ? (This can be obtai~rom the and ----------------------------------------------------------------- Reason for Request In (c/{Jc rcr.{-( (J) 1/1 fG D?Ltxe fiCvYl I?- { +c r?-L( f.1 {,tsA- -k I'e+(ed , ; , Current Zoning k-I Requested Zoning R-Lf ----------------------------------------------------------------- Name of Applicant C ,",''7 o{. Anc/cver c Address (6555 Cf;:}ssfcv/1 i31c1d II/Lv' Home Phone 7))- '){clC Business Phone Signature Date 6(Jo/Ct~ ----------------------------------------------------------------- Property Owner (Fee Owner) C/-I'7 of AlJdvver 14I7ut::C'-!/cl1lieA;" SdtTClI 0;5l./I/o1/ (If different from above) Address (6~') Cu55tav-/1 .Qr.J1./k/ .4t1.cIc"p/" /W.qq !-/uI1SG~i~lo/l-tv (C<.:,1/!vf/2Irl1.v 'SrL(f3 / Home phone 7))~,)kX'i S'C6-tcOC' Business phone / /~__~te / 7/1/97 Signature ----------------------------------------------------------------- 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 7:30 p.m" or as soon thereafter as can be heard, on Tuesday, July 14, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the rezoning request of the City of Andover on property owned by the City of Andover and Anoka- Hennepin School District No. 11 to change the zoning district designation from R-1, Single Family Rural to R-4, Single Family Urban on approximately 129.1 acres encompassing the following properties: Andover Elementary School, 14950 Hanson Blvd. NW (pIN 22-32-24-44-0002 & 0003), , ) Andover City Hall, 1650 Crosstown Blvd. NW (pIN 22-32-24-41-0001 & 0002), Oak View Middle School, 15400 Hanson Blvd, NW (pIN 22-32-24-14-0004, 0005,0006,0007, and 22-32-24-13-0005). All written and verbal comments will be received at that time. A copy of the application will be available for review prior to the mttting at City Hall. ~ !tLL Victoria Volk, City Clerk Publication dates: July 3, 1998 July 10, 1998 'I ) PIN 223224420004 LOUDEN STEVEN L 1831 CROSSTOWN BLVD ft - - 0VER, MN 55304 PIN 233224330005 RlCKE JAMES D 15010 EAGLE ST ANDOVER, MN 55304 PIN 233224330008 KNAPP SCOTI G & PAMELA J 14968 EAGLE ST ANDOVER, MN 55304 PIN 263224220012 HOLMQUIST PAUL J & AMY B 1587 148TH LN ANDOVER, MN 55304 PIN 273224110009 TACHENY MICHELE M & PAUL L 1759148THLN ANDOVER, MN 55304 , \. ---0' PIN 273224110011 . WAGNER R E JR & JANES M M 1735 148TH LN ANDOVER, MN 55304 PIN 273224110013 HAZLEDINE JIM R & CARLA M 1705 148TH LN ANDOVER, MN 55304 PIN 273224110016 LINDAMAN TRENT R & SARA D 1669 148TH LN ANDOVER, MN 55304 PIN 273224110019 STEINMETZ MICHAEL G & DAWN 1629 148TH LN ANDOVER, MN 55304 PI ':3224110027 , Whl fNEY L J & HARAMBASIC J L 1672 148TH LN ANDOVER, MN 55304 .e;o j?e?'i'i{-04 Ml PIN 233224330003 SHARON MICHAEL R 15038 EAGLE ST ANDOVER, MN 55304 PIN 233224330006 LARSEN JEROME & LEEANN 14996 EAGLE ST ANDOVER, MN 55304 PIN 233224330009 PETERSON JAMES R & DIANNE M 14954 EAGLE ST ANDOVER, MN 55304 PIN 273224110007 SCHOMMER JAMES B & THERESA J 14848 JAY ST ANDOVER, MN 55304 PIN 263224220013 SHEROHMAN W J & BONTE SUSAN J 1571 148TH LN ANDOVER, MN 55304 PIN 273224110037 RUBIN KENT D & KELLI S 1757148THAVE ANDOVER, MN 55304 PIN 273224110014 QUAMMEN TERRY D & KAREN R 1693 148TH LN ANDOVER, MN 55304 PIN 273224110017 METIY JOHN T & ANGELA M 1657 148TH LN ANDOVER, MN 55304 PIN 273224110006 BUL VER WILLIAM D & SARAH J 14836 JAY ST ANDOVER, MN 55304 PIN 273224110026 LUNDBORG MARK 0 & REBECCA J 1684 148TH LN ANDOVER, MN 55304 {p9J PIN 233224330004 W ANOUS CHRlSTY L * . 15024 EAGLE ST . ANDOVER, MN 55304 PIN 233224330007 BYRNES JENNIFER L & SEAN M 14982 EAGLE ST ANDOVER, MN 55304 PIN 273224110036 RAFFERTY KELLY M & ANGELA C 1745148THAVE ANDOVER, MN 55304 PIN 273224110008 JACOBSON TIMOTHY R & LINETTE G 1771 148TH LN ANDOVER, MN 55304 PIN 273224110010 SKINNER JAMES C & CONNIE L 1747148TH LN ANDOVER, MN 55304 PIN 273224110012 ROCKSTAD JAMES A JR & JILL M 1717 148TH LN ANDOVER, MN 55304 PIN 273224110015 PETERSON JEFFREY T & MALSOM M 1681 148TH LN ANDOVER, MN 55304 PIN 273224110018 POETSCH KEITH P & CHRISTINE M 1645 148TH LN ANDOVER, MN 55304 PIN 273224110028 BALLST ADT DONALD E & CAROLYN M 1660 148TH LN ANDOVER, MN 55304 PIN 273224110025 TOUTLOFF ROGER & JENNIFER 1696 148TH LN ANDOVER, MN 55304 PIN 273224110024 SVENSSON MICHAEL E 1708 148TH LN /.0VER, MN 55304 I PIN 273224110022 LANE WILLIAM E & LORAL Y A 1734 148TH LN ANDOVER, MN 55304 PIN 273224110061 PETERSON CHESTER W & MARY E 14833 GROUSE ST ANDOVER, MN 55304 PIN 273224110030 CHIODO DONALD R & LIBBEY E 1671148THAVE ANDOVER, MN 55304 PIN 273224110033 AGUILAR PHILIP G & SUSAN K 1707148THAVE ANDOVER, MN 55304 1 ~ _/ PIN 2332242300 1482 153RD LN ANDOVER, MN 55304 PIN 2232241 10002 CHESTERTON PARTNERSHIP 3640 152ND LN NW ANDOVER MN 55304 PIN 223224110001 CENTER OAKS PARTNERS 13736 JOHNSON STNE HAM LAKE MN 55304 PIN 233224230003 ASHFORD DEVELOP CORP INC 3640 152ND LN NW ANDOVER MN 55304 P: \3224130012 LEe 11 CAROL L & RANDOLPH A 15357 NIGHTINGALE ST NW ANDOVER MN 55304 eel. q~""4 ~of?- PIN 273224110023 KRONE BRIAN D & VALERIE J 1720 148TH LN ANDOVER, MN 55304 PIN 273224110021 NEINABER CURTIS B & SUSAN M 1746 148TH LN ANDOVER, MN 55304 PIN 273224110005 SHOBERG KURT A & CARMEN K 14824 JAY ST ANDOVER, MN 55304 PIN 273224110031 DAGOSTINO JASON & YSTEBOE M 1683148THAVE ANDOVER, MN 55304 PIN 273224110034 HOCH ELLERY A & LORIANN M 1719148THAVE ANDOVER, MN 55304 PIN 223224420003 THOMPSON LAROLD 10040-201ST AVE ELK RIVER MN 55330 PIN 233224220001 CAMBRIDGE CAPITAL INC 941 HILLWIND RD NE STE 301 MINNEAPOLIS MN 55432 PIN 223224130015 CENTER OAKS PARTNERS 13736 JOHNSON STNE HAM LAKE MN 55304 PIN 223224130014 STEFFENSEN CURTIS & JANICE 15461 NIGHTINGALESTNW ANDOVER MN 55304 PIN 223224130005 ANOKA-HENN IND SCHOOL DIST #11 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN 263224220016 DUTION BRIAN P & ANN M 14844 EAGLE ST ANDOVER, MN 55304 PIN 273224110020 VONDALL TROY & GROSS CHRISTINE 1758 148TH LN ANDOVER, MN 55304 PIN 273224110029 KERMODE JANE M & DAVID B 1659148THAVE ANDOVER, MN 55304 PIN 273224110032 NIEMANN ROBERT D & BRENDA J 1695148THAVE ANDOVER, MN 55304 PIN 273224110035 BOLIN SHELDON R & KRISTIN J A 1733148THAVE ANDOVER, MN 55304 PIN 233224330002 HOLASEK WINSLOW I 1159 ANDOVER BLVD NW ANDOVER MN 55304 PIN 223224120001 CENTER OAKS PARTNERS 13736 JOHNSON ST NE HAM LAKE MN 55304 PIN 223224140007 PIN 223224140006 ANOKA HENN IND SCHOOL DIST 1 1 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN 223224140005 ANOKA HENN IND SCHOOL DIST 11 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN 223224140008 AN HENN IND SCHOOL DIST NO 11 11299 HANSON BLVD NW (' "'N RAPIDS MN 55433 , ) PIN 223224420002 SL YZUK KENNETH L & M A 15211 NIGHTINGALE ST NW ANDOVER MN 55304 PIN 223224440002 LOCHER LANDOL J 15451 NOWTHEN BLVD ANDOVER MN 55304 PIN 223224440003 ANOKA HENNEPIN SCHOOL DIST 11299 HANSON BLVD NW COON RAPIDS MN 55433 '\ , .I , J ~zq5..o.:J 3'!'-3 PIN 223224130011 MCKELVEY JOHN E & J A 15327 NIGHTINGALE ST NW ANDOVER MN 55304 PIN 223224410002 ANDOVER CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN 223224440004 ANOKA HENN IND SCHOOL DIST #11 11299 NW HANSON BLVD COON RAPIDS MN 55433 PIN 273224120012 ANDOVER CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN 233224320006 HOLASEK WINSLOW I 1159 ANDOVER BLVD NW ANDOVER MN 55304 PIN 223224140004 ANOKA HENN IND SCHOOL DIST II 11299 HANSON BLVD NW COON RAPIDS MN 55433 PIN 223224410001 ANDOVER CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN 223224430002 ANDOVER CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 PIN 233224320002 MORK CLINIC 15245 BLUEBIRD STNW ANDOVER MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , .I DATE: AUQust 4. 1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson, ~l Engineering ITEM NO. Declare Cost/Order Assessment RolI/93-30/ Bunker Lake Blvd. Service Road 8. The City Council is requested to adopt the resolution declaring cost and ordering preparation of assessment roll for Project 93-30, Bunker Lake Boulevard Service Road, At the November 6, 1996 City Council meeting, the Council directed staff to evaluate the proposed assessments and meet with the affected property owners. We (City Administrator, City Engineer and City Attorney) did meet with the property owners on July 22, 1998 and discussed the proposed assessments. We discussed how the proposed assessments have a , higher "City" contribution (TIF contribution) than normal. It was indicated at the meeting that we , / will be recommending that the assessments be levied as previously identified. A new assessment hearing will need to be held on this project. , j \ ./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER. STREETS, FOR PROJECT 93-30, BUNKER LAKE BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 267.556,63 so that the total cost of the improvement will be $ 949,242,01 1, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 465,967.41 the amount to be assessed against benefited property owners is declared to be $ 483,274,60 2. Assessments shall be payable in equal annual installments extending over a period of ~ years. The first of the installments to be payable on or before the '\ 1 st Monday in January 1999 ,and shall bear interest at the rate of 7 , ./ percent per annum from the date of the adoption of the assessment resolution. 3, The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection, 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof, MOTION seconded by Council member and adopted by the City Council at a reqular meeting this ~ day of Auqust , 19.Jill..., with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: JoE, McKelvey - Mayor ./ Victoria Volk - City Clerk Ci~ 'J~ ~C~ r.~~/~~ A1m9VER SPECDU. ~SES9Mlm'rS .~OJECT NAME BUnk~~ Lak~ ~lvd ~~nn~~gA Rd FEASI!!ILITY STtlDY: Date 11/1/94 ' CONTRACT AWARD: Phase :I - Phase IX - FINAL CONTRACT COST Date S~p~p~~r 7. 1994 Date Mar~h 7. 1995 Engineering (TXDA): Aerial. Mapping (1t o:f Drainage 1'1an (0.3 of Administration (3') Assessing (1t) !!onding (0.5t) Legal ano. Eaae=ent Advertising City Costs Testing: street) 8treet/sto:cn) Braun Interlea 5~ran Laboratories Constructoin :Interest (6t) A1llount $ PROJECT NO.: 9:'1-:'10 483.555.00 Amount $ A1llount $ $ lS0,!';:'I6 66 S 1.SS1 "70 S 747 6'1 S 15.772.00 S 5.257.33 $ 2.628.67 S 35.999 60 S 358 09 $ 5,62" 18 S 2.3S5.14 S 18 00 $ 46.707.63 TOTAr, EXPENSES (t of Final Contract Collt - 50.8921t) ~~SEMENT Ar.mTTSTTTON COST& / Edward Prater/JohQ Imre, etal ABC Hini Storage - Parcel. 5 Edward Prater - Parcel 11 John .. Sheila It4re and KOttke Parcel 7 Murphy Oil - Kottke:!' Bus Kottkes' Bus Kottkes' Bus Kottkes' Bus Parcel 6 Service Service Service Service Bus - Parcel 1 - Parce1 2 - Parcel 3 - Parce1 4 TOTAL EASEMENT ACOUISITION COSTS TOT~!, r.ONn~ATTON COSTS TOTAL PRO.:ntCT COST $ 7.600.00 S 1:'1.0Sfi 14 S 38.000 00 $ 500.00 S 5.~~1 00 S 15 A04.47 S 20.374 27 S 50,239 58 $ 4.886.55 82.075 35 381.772.50 $ 525.733 37 + S 267 SS6 63 S 155.9!,;2 01 + $ $ 949.242.01 S0"d ll::llOl \ S0/S0"d [800 c6G cl:9 \.\1 U \.\1 ~ VI -r- UI ,... " VI ..., C'lM..-C'lOOl.....,.-..-COCO QlC\lL()u)cidC')I'--....~....:....= g........coC\ll'--...s-C'l"<t'o...........s-"<t' Ql<'1~UJ.~~O"';":';":~~ CDL()M01COL()OCOC\lC\l"-~ :t:: ~ ..... I~"" o i.9 {h {h {h 4fi f:It f:It I f:It {h {h (h - C\Icor--"<t'COCO...s-........COOlO cco01co"<t'cooC'l....cocot? Ql"MciMC'lM""=""=tricOO EC\101co........cocoa)cocn~.... ~ ~ ~ C\!. co "; t:; tC!. ~ r-- ..... C') (is.......-co....coC')\t)r--........M01 CD ~ C\l M L() C\I C\l ..... t? 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M-.:t-.:t-.:t I{R fh fh fh fh fh 00 qq, 00 C\ICO ~~ M-.:t 00000 00000 'It)ocioi..... 01..... o cor-- 'S~~~..... COCOM.....lt) fh {R{RI{R fh -.:tCOlt)-.:tr--lOlOOOOIO ,...CCl'--.....r---....OOO~ dcO""':(I") Moioicicicioi C\ICOIl)O~C\lC\ll'--""""I'--M ~~~~~~~~'glt}~ g~re~~~~~~~~ fh {R fh f:It, f:It f:It fh f:It fh ~ '- ~ SCZl<D~Ql"5<DC1)CZl<D~ 1ii ....EE~.cE"ij)E~~E.E .... 0 o~oooo_ a.. ~::J~CJ)~~~~:i: ~ ~ 0 ~ ~ .....C\IM...s-lt)COl'--COCO(:7)..... 000000000......... 00000000000 99999999999 ""'~"""""""''''''''''T''-T''-~~ ~-.:t~-.:t~v"<t'-.:t-.:tv"<t' . i . ....., Vv -.:t "<t'''<t'~~~~ C\IC\1C\1C\1C\IC\IC\lC\lC\lC\lC\l . , . . I . . . . t . C\IC\1C\IC\lC\lC\IC\lC\lC\IC\IC\l z ~~~~~~~~~~:l tJO>l1 ( ~ v0:9l: 966l:-0,-lJO CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Auqust 4, 1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson,&1- Engineering ITEM NO. Accept Assessment Roll/Order Hearing/ P3-30/Bunker Lake Blvd. Service Road ILt. The City Council is requested to approve the resolution for hearing on proposed assessment for the improvement of Project 93-30, Bunker Lake Boulevard Service Road. , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 93-30. BUNKER LAKE BOULEVARD SERVICE ROAD, WHEREAS, by a resolution passed by the City Council on AUQust 4 . 1998. the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 93-30; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been complete and filed in her office for public inspection, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. A hearing shall be held the 1 st day of September ,1998 at the Andover City Hall Council Chambers at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two week prior to the hearings. 3. The owner of any property so assessed may at any time prior to verification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 4th day of AUQust , 19~, with Councilmembers_ voting in favor of the resolution, voting against, whereupon said resolution and Council members was declared passed, CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk .'~~>.".~.:"'~";':'.zr.-:.C. .,".,':.. "....~.. ..... .'" ......,_.-,_:..", .,.. "'r <~ '. ..-,1,'.. '..--" -#---.,:.": , ~.- . -- -,. ANDOVER SPECIAL ASSESSMENTS / PROJECT NAME Bunker Lake Blvd Frontage Rd PROJECT NO.: 93-30 FEASIBILITY STUDY: Date 11/1/94 " Amount $ 483.555.00 CONTRACT AWARD: Phase I - Phase II - Date Seotember 7. 1994 Date March 7. 1995 Amount $ Amount $ 82.075 35 381. 772.50 FINAL CONTRACT COST $ 525.733.37 Engineering (TKDA): Aerial Mapping (1% of Drainage Plan (0.3 of Administration (3%) Assessing (1%) Bonding (0.5%) Legal and Easement Advertising City Costs Testing: street) street/storm) $ 150.536.66 $ 1.551 70 $ 747 63 $ 15.772.00 $ 5.257.33 $ 2.628.67 $ 35.999 60 $ 358 09 $ 5.624 18 $ 2.355.14 $ 18 00 $ 46.707.63 Braun Intert<>c Serco Laboratories Constructoin Interest (6%) TOTAL EXPENSES (% of Final Contract Cost = 50.8921%) + $ 267.556.63 / EASEMENT ACOUISITION COSTS Edward Prater/John Imre, etal $ 7.600.00 ABC Mini Storage - Parcel 5 S 13 056 14 Edward Prater - Parcel 11 S 38.000 00 John & Sheila Imre and Kottke Bus Parcel 7 $ 500.00 Murphy oil - Parcel 6 $ 5.491.00 Kottkes' Bus Service - Parcel 1 $ 15.804 47 Kottkes' Bus Service - Parcel 2 $ 20.374.27 Kottkes' Bus Service - Parcel 3 $ 50.239 58 Kottkes' Bus Service - Parcel 4 $ 4.886.55 TOTAL EASEMENT ACOUISITION COSTS $ 155.952.01 TOTAL CONDEMNATION COSTS + $ TOTAL PROJECT COST $ 949.242.01 / Total Project Cost Summa!) Right-aI-way, Engineering Legal Construction . Administration / Cost Cost Total Streets/Restoration (33' Road East-West) $88,720.72 $71,471,01 $160,191.73 Streets/Restoration (36' Road North-South) 188,531.32 151,874,22 340,405.54 Storm Sewer (33' Road East-West) 27,889.14 22,467.66 50,356.80 Storm Sewer (36' Road North-South) 66,150.74 53,289.59 119,440.33 Sanitary Sewer 65,556.02 52,802.46 118,358.48 Watermain 88,885.43 71,603,72 160.489,13 Total $525,733.37 $423,508.64 $949,242.01 Financing Summary Koltkes' City City Bus Share TIF Assessed Total Service Cost Cost Cost Cost Streets/Restoration N/A 0 $120,143.80' $40,047.93 $160,191.73 (33' Rd. East-West) Streets/Restoration $7,722.75' 0 166,341.40' 174,064.14 340,405.54 (36' Rd. North-South) Storm Sewer N/A 0 37,767,60' 12,589.20 50,356.80 (33' Rd. East-West) Storm Sewer N/A 5,300.00' 57,070.16' 57,070,17 119,440.33 / (36' Rd. North-South) Sanitary Sewer N/A 0 59,179.24' 59,179.24 118,358.48 Watermain N/A 37,317,27} 61,585,9~ 61,585.93 160.489.13 Totals $ $42,617,27 $502,088,13 $404,536.61 $949,242.01 Total City TIF Cost,. $42,617.27 + 502,088.13 ,. $544,705.40 1 TIF fund to be responsible for 75% of the cost, since there is one sided frontage. 2 TIF fund to be responsible for 50% of the cost 3 City share 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 with Commerical 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 responsible for 100% of the cost to construct driveway and retaining wa11located on the parcel. 5 City Share Cost for repair of storm sewer outlet at Hidden Creek East 5th Addition (Change Order No.1), ./ .J " f(I~ :g 1! ;;~ ~ .. 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"'0 (J) c"'=rillO(J)~ 2.b~~g~;:+ -QCD::I=t~~ en" -< > o ~o :E ~iab'~ o~ 5":::J 3 ~ ~ :J '" " o ;;- ~ <> '" <> ~- '" ... tl '" <> .. to> '" '" !:3 Co N !.. .... o i ." ....:n.. o.Sl III e:~~ .:< to> '" ... '" ? ... ~?:,Q~ 3 g..:< i} 3 ~ ;j' !11 ~~I i :J5"coG:l Z::J~~ . :i (.) c o~Qi !! a > en en rn en en 3: ~ :>l o 1= ~ o j .. :n o ~ . ,. , I FInancIng and Estimated Assessable Cost It is proposed to finance the project by a combination of Tax Increment Rnancing (TIF) Funds and assessment to the benefitting properties as follows: 1. Streets and Restoration It is proposed to assess 25% of the cost for the 33 foot east-west roadway along Bunker Lake Boulevard to the abutting parcels on a front foot basis. 75% of the cost would come from TIF funds because of one sided frontage. It is proposed to assess 50% of the cost for the 36-foot wide north-south roadway on a unit basis for all seven (7) parcels. Parcels 6 and 7 will be assessed for street and restoration in lieu of previous assessment for Commercial Drive. 2. Storm Sewer It is proposed to assess storm sewer the same as Streets and Restoration. 25% of the cost of storm sewer along the 33 foot east-west portion would be assessed on a front foot basis and 75% would be paid by TIF funds. 50% of the storm sewer cost along the 36 foot north-south portion would be assessed on a unit basis for the five parcels and the remaining 50% would be paid by TIF funds. Note: The parcels along Bunker Lake Boulevard and the five parcels to the south would share in the cost of the outfall piping (see Storm Sewer Preliminary Cost Estimate for breakdown). 3. Sanitary Sewer and Watermain It is proposed to assess 50% of the cost for sanitary sewer and watermain on a . unit basis for the nine parcels in the proposed project. Parcels 8 and 10 are considerably larger than those along Bunker Lake Boulevard, but depending on future development, additional utility service may come from Jay Street NW for the westerly portion of the parcel. The remaining 50% of the cost for sanitary sewer and watermain would be paid by TIF funds. For this feasibility report, sanitary sewer connection charges were based on one SAC unit and watermain connection charge were based on 1-1/2 acres. Additional SAC units or area will be determined at the time of final development. Total Project Cost Summary The following Total Project Cost Summary and Rnancing Summary are based on the proposed method of assessment: , / W v'lw W W W W W W W W "1J ,::.. ~,::..,::..,::..,::..,::..,::..,::...::.. lJ\'-w~wwww~ww Z I\JI\JI\JI\JI\JI\JI\JI\JI\JI\JI\J I I I . I . I I I I I I\JI\JI\JI\JI\JI\JI\JI\JI\JI\JI\J ,::..,::..,::..,::..,::..,::..,::..,::..,::...::...::.. 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W'::"OOO1 OCXlI\JWCXl O1CXl W-...J 0 0>0><0'::"'::", .....<.n01i\),::.. '::"01CXl-...J-...J 01 01 ,::.. 0<0 0..... I 00 00 -Efi-Efi-Efi-Efi-Efi-Efi-Efi-Efi-Efi-Efi-Efi '::"01 W.....I\JI\J01WI\J tOW-...J-...J01WOl.....CXl......... W......-...JO> O>-...J-...JCXl I\JWO> .....,::..tOOlCXlOlCXl-...JCXltOl\J OCXl Ol..........WWW I\JW-...J W(pCXl......WOCXl~CXltO(O OtOO>-...J'::"OlOl'::"-...JCXlI\) W -...J(O 0>0 00 00 00 00 o =E ::l Cll "1J ..... ..... tll - Cll ..... >-1 CIl 0 CIl ..... Cll ~ CIl CIl 3 Cll ::l ..... >m .8 ~ c: Cll 1j;' 3 ;::;:<0 o' ::l ::l ..... >z CIl Cll CIl ..... Cll CIl CIl 3 Cll :J - >-1 CIl 0 CIl..... Cll ~ CIl CIl 3 Cll ::l ..... >m C'l III g ~ 1j;" 3 2: co o :J :J..... >z CIl CD CIl ..... Cll CIl CIl 3 Cll :J - -Efi-Efi-Efi-Efi-Efi-Efi-Ef}-Ef}-Efi-Efi-Efio ......(;)..... N::i: ,::........I\JI\JCXlOOlO><OWOl~ CXlO1~-...J""'O<OCoo,~WCD '::"'::"-...Jo,::..w.::..-...JI\JO>-...J:J .....-...J,::.......-...JWOOOlOlI\JC'l CXlCXl...............<OOW:....WWCll Ol<O~-...J<O.....<OOI\JO~ " "11 m )> CJ) al r- :;! :c m "tl o :c -I )> o -I c: )> r- )> CJ) CJ) m CJ) CJ) :s:: m z -I CONSTRUCTION INTEREST CALCULATION j S.R. weidema Payment No. 1 - Payment No. 2 - Payment No. 3 - Payment No. 4 - Hvdrocon Payment No. 1 - Payment No. 2 - Payment No. 3 - Payment No. 4 - Payment No. 5 - Payment No. 6 - Payment No. 7 - Payment No. 8 - $85,610.78 x 1.9 yrs x 0.06 = $3,080.00 x 1.2 yrs x 0.00 $402.00 x 0.9 yrs x 0.06 = $3,655.00 x 0.7 yrs x 0.06 $9,759.63 221. 76 21. 71 ,. 153.54 $101,443.09 x 1.6 yrs x 0.06 = $92,468.13 x 1.5 yrs x 0.06 84,807.65 x 1.45 yrs x 0.06 44,442.52 x 1.40 yrs x 0.06 13,678.13 x 1.30 yrs x 0.06 34,596.06 x 1.20 yrs x 0.06 21,352.25 x 1.10 yrs x 0.06 40,197.06 x 1.0 yrs x 0.06 = $9,738.54 8,322.13 7,378.27 3,733.17 1,066.89 2,490.92 1,409.25 2.411 82 Total Construction Interest $46,707.6. / Commission No. 10581 Bunker Lake Boulevard Frontage Road Project 93-30 / Phase I - Contractor: S. R. Weidema, Inc. " Sanitary Sewer Item 2 through 14 (Item 1) 48.313.38 x 3,080.00 = 86,012.78 $48,313.38 1.730.04 $50,043.42 Watermain Item 15 through 20 (Item 1) 24.208.20 x 3,080.00 = 86,012.78 $24,208.20 866.86 $25,075.06 Storm Sewer Item 21 and 22 (Item 1) 13.491.20 x 3,080.00 = 86,012.78 $13,491.20 483.10 $13,974.30 Total $89,092.78 . I Change Order No.1 (Sour Station Sewer and Water and Jay Street Patch) Sanitary Sewer $250.00 + 0 = $250.00 Watermain 1,925.81 + 183.30 = 2,109.11 Storm Sewer 464.38 + 0 = 464.38 Street 832.21 + 0 = 832.21 Note: Error in Addition Item 1 - 8 (A) $2,359.17, Paid $2,359.11 Total Change Order No.1 $3,655.70 Total Cost Including Change Order No.1 $92,748.48 " / 1 1 0581 Recao Phase I -S.R. Weidema. Inc. Sanitary Sewer Rnal Contract Amount Change Order No. 1 Amount Total Sanitary Sewer " Watermain Final Contract Amount Change Order No.1 Amount Total Watermain Storm Sewer Final Contract Amount Change Order No.1 Amount Total Storm Sewer Street Final Contract Amount Change Order No.1 Amount Total Streets Final Total Contract Cost . , / 2 $50,043.42 $250.00 $50,293.42 $25,075.06 2.109.11 $27,184.17 $13,974.30 464.38 $14,438.68 $0.00 832.21 $832.21 $92,748.48 10581 Commission No. 10581 Bunker Lake Boulevard Frontage Road Project 93.30 Phase II - Contractor: Hydrocon, Inc. Sanitary Sewer Item 2 through 9 (Item 1 A) Watermain Item 1 through 10 (Item 1 A) Storm Sewer Item 1 through 18 (Item 1 A) Streets Item 1 through 13 (Item 1 A) Grading and Restoration Item 1 through 22 (Item 1 A) Total 14.374.60 x 11,000 = 402,642.00 $14,374.60 392.71 $14,767.31 59.564.00 x 11,000 = 402,642.00 $59,564.00 1.627,26 $61,191.26 61,160.00 x 11,000 = 402,642.00 $61,160.00 1,670,86 $62,830.86 142.609.36 x 11,000 = 402,642.00 $142,609.36 3.896.02 $146,505.38 124.934.04 x 11,000 = 402,642.00 $124,934.04 3.413.15 $128,347.19 $413,642.00 Change Order No.1 (Outfall Repair) Storm Sewer $ 5.300.00 Total Change Order No.1 $5,300.00 Change Order No.2 (Restoration and Storm Sewer Modification) Storm Sewer Restoration and Grading Watermain ;" $1,870.34 3,335.00 510.00 $5,715.34 Total Change Order No.2 3 10581 Change Order No.3 (Bituminous Parking Lots and Sewer ServIces) Streets (Miscellaneous Bituminous Work) $7,832.26 Sanitary Sewer 495.29 Total Change Order No.3 $8,327.55 " Total Cost Including Change Order No. 1 through NO.3 Recap Phase II - Hvdrocon. Inc. Sanitary Sewer Final Contract Amount Change Order No.1 Change Order No.2 Change Order No.3 Total Sanitary Sewer Watermain Final Contract Amount Change Order No. 1 Change Order No.2 Change Order No.3 Total Watermain Storm Sewer Final Contract Amount Change Order No.1 Change Order No.2 Change Order No.3 Pond Grading & Seeding Total Storm Sewer Streets Final Contract Amount Change Order No. 1 Change Order No.2 Change Order No.3 Total Streets .. 4 $432,984.89 $14,767.31 0.00 0.00 495.29 $15,262.60 $61,191.26 0.00 510.00 0.00 $61,701.26 $62,830.86 5,300.00 1 ,870.34 0.00 9.600.00 $79,601.20 $146,505.38 0.00 0.00 7.832.26 $154,337.64 10581 ." Grading and Restoration Final Contract Amount Change Order No. 1 Change Order No.2 Change Order No.3 Less Pond Grading and Seeding Total Grading & Restoration $128,347.19 0.00 3,335.00 0.00 9.600.00 $122,082.19 " Final Total Contract Cost $432,984.89 J 5 10581 \ Summation - Phase 1 and II Sanitary Sewer Phase 1- S.R. Weidema Phase II - Hydrocon, Inc. Watermain Phase 1 - S. R. Weidema Phase II - Hydrocon, Inc. Storm Sewer Phase I - S. R. Weidema Phase II - Hydrocon, Inc. Pond Grading & Seeding Streets Phase I - S. R. Weidema Phase II - Hydrocon, Inc. \ / Total Sanitary Sewer Total Watermain Total Storm Sewer Total Streets Grading and Restoration Phase I - S. R. Weidema Phase II - Hydrocon, Inc. Less Pond Grading & Seeding Total Grading & Restoration Total - S. R. Weidema Total - Hydrocon, Inc. Total Construction Cost 6 $50,293.42 15.262.60 $65,556.02 $27,184.17 61.701.26 $88,885.43 $14,438.68 70,001.20 9.600.00 $94,039.88 $832.21 154,337.64 $155,169.85 $0.00 131,682.19 (9.600.00) $122,082.19 $92,748.48 432.984.89 $525,733.37 10581 STORM SEWER CONSTRUCTION COSTS Bunker Lake Boulevard Frontage Road / City Project 93-30 Andover, Minnesota Commission No. 10581 " STORM SEWER (NORTH-SOUTH PORTION) - S.R. WEIDEMA, INC. Item Unit No. Description Quantity Price Amount 1. Mobilization 1.0 LS $483.10 $483.10 2. 27" RCP Class 3 425.0 LF 26.50 11,262.50 3. 4' Diameter Storm Sewer Manhole 2.0 EA 1.114.35 2.228.70 Subtotal 13,491.20 Change Order No.1 464.38 Construction Cost - (North-South Portion) $14,438.68 STORM SEWER (NORTH-SOUTH PORTION) - HYDROCON, INC. Item Unit No. Description Quantity Price Amount 1. Connect to Existing Storm Sewer 1.0 EA $250.00 $250.00 / 2. 12" RCP Class 5 Storm Sewer 57.0 LF 16.00 912.00 3. 15" RCP Class 5 Storm Sewer 222.0 LF 17.00 3,774.00 4. 18" RCP Class 3 Storm Sewer 0.0 LF 19.00 0.00 5. 21" RCP Class 3 Storm Sewer 0.0 LF 21.00 0.00 6. 24" RCP Class 3 Storm Sewer 0.0 LF 23.00 0.00 7. 27" RCP Class 3 Storm Sewer 95.0 LF 29.00 2,755.00 8. 30" RCP Class 3 Storm Sewer 185.0 LF 34.00 6,290.00 9. 36" RCP Class 3 Storm Sewer 98.0 LF 48.00 4,704.00 10. 12" RC Flared End Section 0.0 EA 500.00 0.00 11. 21" RC Flared End Section 0.0 EA 650.00 0.00 12. 36" RC Flared End Section 1.0 EA 1,250.00 1,250.00 13. Construct Cone Type Catch Basin 2.0 EA 900.00 1,800.00 14. Construct Std 4' Dia. CB-MH 2.0 EA 1,100.00 2,200.00 15. Construct Std 4' Dia. SS-MH 1.0 EA 925.00 925.00 16. Construct 7' Dia. Storm Sewer MH 1.0 EA 3,700.00 3,700.00 17. Cable Concrete 256.0 SF 8.00 2,048.00 18. Silt Fence 54.0 LF 4.00 216.00 19. Mobilization 1.0 LS 835.43 835.43 Subtotal $31,659.43 / Change Order No.1 5.300.00 Construction Cost - Storm Sewer (North-South Portion) $36,959.43 7 1 0581 , / STORM SEWER CONSTRUCTION COSTS Bunker Lake Boulevard Frontage Road City Project 93-30 Andover, Minnesota Commission No. 10581 " STORM SEWER (EAST-WEST PORTION) - HYDROCON, INC. Item No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. / Description Quantitv Connect to Existing Storm Sewer 2.0 EA 12" RCP Class 5 Storm Sewer 133.0 LF 15" RCP Class 5 Storm Sewer 304.0 LF 18" RCP Class 3 Storm Sewer 240.0 LF 21" RCP Class 3 Storm Sewer 0.0 LF 24" RCP Class 3 Storm Sewer 86.0 LF 27" RCP Class 3 Storm Sewer 0.0 LF 30" RCP Class 3 Storm Sewer 0.0 LF 36" RCP Class 3 Storm Sewer 0.0 LF 12" RC Flared End Section 1.0 EA 21" RC Flared End Section 0.0 EA 36" RC Flared End Section 0.0 EA Const. Cone Type Catch Basin 3.0 EA Const. Std 4' Dia. Catch Basin-Manhole 3.0 EA Const. Std 4' Dia. Storm Sewer-ManholeO.O EA Const. 7' Dia. Storm Sewer Manhole 0.0 EA Cable Concrete 0.0 SF Silt Fence 0.0 LF Mobilization 1.0 LS Construction Cost- Storm Sewer (East-West Portion) 8 Unit Price $250.00 16.00 17.00 19.00 21.00 23.00 29.00 34.00 48.00 500.00 650.00 1,250.00 900.00 1,100.00 925.00 3,700.00 8.00 4.00 835.43 Amount $500.00 2,128.00 $5,168.00 4,560.00 0.00 1,978.00 0.00 0.00 0.00 500.00 0.00 0.00 2,700.00 3,300.00 0.00 0.00 0.00 0.00 835.43 $21,669.43 10581 ,/ STORM SEWER CONSTRUCTION COSTS Bunker lake Boulevard Frontage Road " City Project 93-30 Andover, Minnesota Commission No. 10581 Item No. 1. 2. 3. 4. 5. 6. 7. POND AND OUTFALL PIPING. HYDROCON, INC. Description Quantitv Connect to Existing Storm Sewer 1.0 LS 18" RCP Storm Sewer 333.0 LF 4' Diameter Catch Basin/Manhole 1.0 EA 4' Diameter Storm Sewer/Manhole 1.0 EA 4' Diameter Cone-Type Catch Basin 1.0 EA Pond Excavation 4000.0 CY Seeding 2.0 AC Change Order No.2 Construction Cost (Pond/Outfall) 9 Unit Price $250.00 19.00 1,100.00 925.00 900.00 2.00 800.00 Amount $250.00 6,327.00 1,100.00 925.00 900.00 8,000.00 1.600.00 $19,102.00 1.870.34 $20,972.34 10581 c ( STORM SEWER CONSTRUCTION COSTS Bunker Lake Boulevard.Frontage Road City Project 93-30 Andover, Minnesota Commission No.1 0581 Storm Sewer Summary East-West Portion North-South Portion Pond & Outfall Total Construction Cost- Storm Sewer $21,669.43 51,398.11 $20.972.34 $94,039.88 Pond and Outfall Cost Split East-West Portion / $21.669.43 ($21,669.43 + $51,398.11) x $20,972.34 = $ 6,219.71 North-South Portion $51.398.11 ($21,669.43 + $51,398.11) x $20,972.34 = $14,752.63 Total East-West Portion = $21,669.43 + $6,219.71 Total North-South Portion = $51,398.11 + $14,752.63 = $27,889.14 = 66.150.74 Total Cost - Stonn Sewer $94,039.88 ; 10 10581 .( I t, ( ,I STREET CONSTRUCTION COSTS Bunker Lake Boulevard Frontage Road City Project 93-30 Andover, Minnesota Commission No.1 0581 Street Construction Summary Area (East-West Portion) Area (North-South Portion) Total Area Total Cost - Street Construction r~, . 950.0' X 33.0' = 31,350.0 sq. ft. 1225.0' X 36.0' = 44,100.0 sq. ft. 75,450.0 sq. ft. Cost (East-West Portion) $155,169.85 x 31.350.0 sq. ft. 75,450.0 sq. ft. I Cost (North-South Portion) $155,169.85 x 44.100.0 sq. ft. 75,450.0 sq. ft. I 11 $155,169.85 $64,474.15 $90,695.70 1 0581 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , I DATE: Auqust 4. 1998 ITEM NO. 19~scuss Feasibility/Pedestrian Underpass/Overpass ORIGINATING DEPARTMENT Scott Erickson,~\., Engineering AGENDA SECTION Discussion Item The City Council had previously indicated a interest in improving the city trail system by constructing under or over passes at strategic locations within the City, The following tasks have been performed in order to help evaluate the options and costs of these improvements: OVERPASS VS UNDERPASS The vast majority of grade crossings installed are underpass type of crossings. These types of crossings are generally more cost effective and visually appealing than an overpass type of street crossing, An underpass type of crossing would essentially consist of installing a ten (10') foot high box culvert under the current street section at a particular location. End treatments are typically installed along with security lighting internally within the culvert. Depending on the location, extensive grading mayor may not be necessary to allow / handicapped accessibility to the crossing, The presence of groundwater will be a deciding factor if an underpass is feasible at a particular location. Pedestrian overpasses can be constructed as an alternative to underpass construction or when a underpass may not be feasible to construct. Available land area, cost and aesthetics are factors to be considered for this type of construction. POSSIBLE LOCA liONS 1. Although this may not be a complete list of potential locations, we have identified four sites where the construction of an under or overpass may want to be considered by the City Council. Location 1: Bunker Lake Blvd. just east of the railroad tracks. This location would help connect our residential neighborhoods and trail systems into the County regional park system at this location. It appears the necessary area is available on both sides of Bunker Lake Boulevard to allow for a crossing at this location. / Location 2: It had been indicated by the Council that an under or overpass would be desirable to provide access to both the elementary and middle schools on Hanson Boulevard. The locations would connect the neighborhoods on the east side of Hanson Blvd. to the schools and the City Hall park complex on the west. It appears additional land may need to be obtained to provide for crossings at either school location. There also may be an issue of watertable elevations at these locations which would need to be addressed in detail. Location 3: Bunker Lake Blvd, at the location of the Crooked Lake School and Meadow Creek Church, This location is currently restricted by available land to construct an under or overpass at this location. There are also existing underground utilities at this location that ; would cause some problems for an underpass to be constructed. It should be noted that with the reconstruction of Bunker Lake Blvd. a re-alignment of the school driveways and a four-way signalized intersection with pedestrian crossings is proposed. We will also have the opportunity to improve the sidewalk and trail system at this location to upgrade the pedestrian traffic at this location. Location 4: A pedestrian river crossing at the northwest corner of the City should be evaluated to connect to the Anoka County Regional Park which is currently under development in the City of Ramsey along the west side of the river. This has been discussed with the Anoka County Parks Dept. and they have also indicated a strong interest in making this new park assessable to the City of Andover, COSTS AND FUNDING SOURCES If the City Council would like to pursue an under or over street crossing at any particular location or locations, we would recommend that a feasibility report be ordered to further evaluate the improvement. In general, I would anticipate that a pedestrian underpass of a two lane County Road may cost in the general neighborhood of $100,000 - $300,000 depending on the conditions which may be present. Overpass construction may be in the range of $200,000 - $600,000 depending on location, / Possible Funding Sources: (In no particular order): 1. TIF 2, State Aid 3. Federal Aid (ISTEA or TEA21 Funding) 4. Parks Bond 5. General Fund 6, Park Dedications 7. Other Grants ?? 8. PIR 9. Other It should be noted that Federal Aid Funding (TEA21) grant applications will be solicited this fall for future project funding. / I ~~, 'I 1 ~i-I~I-lili ,I :, I , .1 I ,~~ tl I L!uLli i: J IlL-LUll \ 1-L1- I:tl jlW J II ii Illu 111.r J -",., 'Ilc~ i,\J)l!~ ,. - ~y T r! I i -- - . I i!~-C"'ic~-T . _~i :- ! ., IIITl1 . 1P:~ ..' H. I:~' I~-- .~~ .~~ -)f I L~.-,:,j,~:t"... II II uo-,.=l: I, I . ,~I~l"~1J 'I ' C'..... I -I =i II '.... .."Z .. I ...; ( . pRf~.oV. ~, I I rll~] ;NGt~J\-:-~~ Y'~'.'. I ----- ox I __ 1,I,tf> ,/' ~ II~.. ~;...I . . ll,1 . \.1 ;.o:,f.'j ';;fo?E~:. __ I II '~JlW ~ , I ~I.. "'k1 \ I. -. ~n!0'~p~.!tll. il'. . 1'-1.. . i', 1,:1 . I .:l' ~A,,". " w.J..:.J "l:--V~. i I I ......." '< ~". II, .~w~.. . J I ..',... ..., ." J " .~'t: I ,~'.wurr ~ n-L : j,''''~''r '-", ,.1 " :;> jli,llli, >./.::.[, --. II: "'<,~' '.f( .' 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'I _~>:: I I -r-"J I I .~~, = 1/ in!., -' I ! i .'1 _ - '"---... . , . ~ .-- 0.. ~.n' .. _ ... 1_..". I ~gj '1"--'0.:: IOoe~) --.J L [" "\":.B' '--,--'. - : " " ;r~: ~ ;-~ ~ ~:~ r-----/ (/ "'to) f--;=--"-;-"~~-.. : f--~",~~ ~---- ---1,-- ~r~ ~i0 -~._---- ----"--_ ,~ ., ''If'~?l''''''''~ I II '" .. ...." _ \I'I~ ------=--:..=.---=--'~ ~:-- l~___\~-: ~~~ - \":;-.' . , Fd.~:i\\-i ,\ ' J ~( . f.:.. fIr::., r"?'... ~' ,I '..7i/~~""~ ~.. ~ '-"';'\~~F - .j. Wi;;!- ~ ;\i'7~::'\ $ ~V ,\,\1- I~~ 'fi, <z. ... I--- , 'I I J I I I l'UrGt' ,-:- -r l :: I I I I 1-~,""I!f~OP~' 'f t.lff.l ~ S.lll t ~ )JP;:>I(~Wt '}..:,is'V'J\1!J .:10 A. ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , DATE: August 4. 1998 / AGENDA SECTION ORIGINATING DEPARTMENT Discussion Community Development ITEM NO. ~ Residential Development 1\' Update/MUSA David L. Carlberg Community Development Director Staff will be presenting a project by project update on the urban residential developments scheduled to develop in the Metropolitan Urban Service Area (MUSA) in 1998 and 1999. Staffwill also be giving an update on the meeting held with developers on July 29, 1998 discussing the status of these projects. The City Council will be asked to make some decisions on those projects scheduled for development this year but are not ready for development. The Council will also need to discuss those 1999 projects whose development next year (1999) is contingent upon projects developing this year. . , Staff will be requesting the Council adopt a new Exhibit A to the Development Policy Guideline that more accurately reflects the year in which projects developed or are scheduled to develop and the acreages of those developments. - ) \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ DATE: Auqust 4.1998 ITEM NO. Set Work Session/Bunker Lake Boulevard NW Reconstruction/98-17 ORIGINATING DEPARTMENT Scott Erickson, &( Engineenng AGENDA SECTION Staff, Committees, Commissions l,. The City Council is requested to select a date to meet with the Anoka County Highway Department and their consultant regarding the reconstruction of Bunker Lake Boulevard. Sometime during the week of August 10th is recommended. I i CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , I DATE: August 4. 1998 AGENDA SECTION ORIGINATING DEPARTMENT Non- Discussion Planning Jeff Johnson ITEM NO. Special Use Permit Institutional Sign 13655 Round Lake Boulevard NW Grace Lutheran Church \~. The City Council is asked to approve the Special Use Permit request of Grace Lutheran Church to erect an institutional sign (70 square feet in area) on the property located at 13655 Round Lake Boulevard NW. The Planning and Zoning Commission has reviewed this request and recommends to the City Council approval (unanimous). A resolution is attached for your review and approval. / , / ,J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION July 14, 1998 DATE AGENDA JT~MI' H . SUP , l"Un Ie earml!: . , Institutional Sign Grace Lutheran Church 13655 Round Lake Boulevard NW ORIGINATING DEPARTMENT Jeff Johnson Planning APPROVED FOR AGENDA BY: BY: REQUEST The Planning and Zoning Commission is asked to review the Special Use Permit request of Grace Lutheran Church to erect an institutional sign to be located at 13655 Round . Lake Boulevard NW legally described as follows: That part of the West 445.02 feet ofNW Y4 of SE Y4 of Section 32, Range 24, lying north of the north right-of-way line of 136th Lane NW, excluding road, subject to easement of record. The property is zoned R-4, Single Family Urban. \ APPLICABLE ORDINANCES / Ordinance No.8, Section 5.03 - Special Uses. Ordinance No.8, Section 5.03 regulates the Special Use Permit process.. Ordinance No.8, Section 8.07 - Si!!ns. Ordinance No.8, Section 8.07(D)(2)(i) lists those signs allowed by Special Use Permit. Institutional signs sign greater than thirty-two (32) square feet require a Special Use Permit and may be allowed provided: 1) The sign does not exceed one hundred (100) square feet. 2) The sign is located ten (10) or more feet from the property line. In reviewing the 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 - Institutional Sign Grace Lutheran Church , .I 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. Ordinance No.8. Section 4.06(C) - Permitted Enroachments. Ordinance No.8, Section 4.06(C) regulates encroachments on comer lots. Signs that are placed on comer lots are required to be located outside of the site triangle. GENERAL REVIEW The applicant is requesting a Special Use Permit to erect an approximately seventy (70) square foot institutional sign near the comer of Round Lake Boulevard and Bunker Lake Boulevard. This sign will replace an existing institutional sign that is approximately twenty-five (25) years old. COMMISSION OPTIONS , J 1) The Planning and Zoning Commission may recommend to the City Council approval of the Special Use Permit request. The Commission finds the request meets the requirements of the Zoning Ordinance. 2) The Planning and Zoning Commission may recommend to the City Council denial of the Special Use Permit request. The Commission must find that the request does not meet the requirements as stated in the Zoning Ordinance. 3) The Planning and Zoning Commission may table the item pending further information from staff or the applicant. , J "\ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF GRACE LUTHERAN CHURCH TO ALLOW FOR THE INSTALLATION OF AN INSTITUTIONAL SIGN PURSUANT TO ORDINANCE NO.8, SECTION 8.07(D)(2)(i) ON THE PROPERTY LOCATED AT 13655 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS THAT PART OF THE WEST 445.02 FEET OF NW Y4 OF SE Y4 OF SECTION 32, TOWNSHIP 32, RANGE 24, LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF 136TH LANE NW, EXCLUDING ROAD, SUBJECT TO EASEMENT OF RECORD. WHEREAS, Grace Lutheran Church has requested a Special Use Permit to allow for the installation of a institutional sign pursuant to Ordinance No.8, Section 8,07(D)(2)(i) on the property located at 13655 Round Lake Boulevard NW, legally described above. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that the request meets the criteria in Ordinance No.8, Section 5.03 Special Uses; 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 ofthe Special Use Permit as requested. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: 1. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2. The Special Use Permit shall be subject to annual review by staff. , J , / Page Two Resolution 3. The placement of the sign shall comply with the site triangle requirements as stated in Ordinance No.8, Section 4.06 and is placed ten (10) or more feet from all property lines. 4. The applicant shall receive Sign Permit approval prior to the installation of the sIgn. Adopted by the City Council of the City of Andover on this _ day of 1998. ATTEST: CITY OF ANDOVER J Victoria V olk, City Clerk J. E. McKelvey, Mayor , , ) ) ,'r ,...... .....) j '1 -i" ~\.%::T' -. . '2NO'i"'I'~' :_ \; 10 I I .., ;"'.~~~l" ..c.,u,',,-',:,~ ~',., I' "- J- \ . ~~:a...:.. tf,re 1""1'",),"""....,,,-; 40 I I..t V.v.?I . if; .' . '~. . s s = €.€. I >4.1. I ):!l;itr-:'w)CK,HA0~I'I" ~~) G~ I ~ ~ SA/:s..1 I "",,\.WO~'-:'NQ.;, .!.:~!;17'!T.., '7~ -~ I " _ \\~ OLI''l'I.OT lit I ~.I" 4 3ACRt~ 1 - \r"'iPONQ" ,/.., .1. , ./. "- . ~ /,-.~ .t-.-/.., .:-~.~~ ~~ ;'t;,: :~'ii;~I~~'i.x.---- I -~o\,.f- 1)7/, I "/"):1/,,'7.7. 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'"t -: -1.. t-,.....i...~. ti:l'f) ;'fI z ' I I ..o~fHO. 102 ,;, __ .~.:1 I'1F1 IN I '. i...... :-.: y -'--It c!!...I:i:P'M~4 , (\~\' W,joo. ).. :" '" ;-["il, ......j. 10: ~. 0:....-,...'" .f:!. - - - - " " \'';:;:llEli" ~ ,', ~I. I .i.nt ~.oN<l{.1lII1< [:::: "'L.' J)-.!J..../..'\.;.;:- __ -,,:--! \\;g' .~::;: 'f'I'll'I.I.....;lr~t~~'&- -- - ~ \., LFt.,<=,-' II L....d... ~~iJ xr"" f---, ___ ~ ) /' '- X~I' I) U,\l~'.,"I,";'I~;~ ,'X.~ ')</ J' \\'--V~(3, L; . ~ , ~ .::r...l'J1I ~;t.t "rQ"'L}' r.."" _ N 4 ,"'-../'A ~ . .,~ ''''''IrE 4C Y" 2f". . 'Drf-' l' ~ '.\., ~;:;.: , -'(1 ' - ~~ of" 9:: 'HI, ~ ~.., '" , ~ .-:~ 4TH l!.11.r.' ~ \ , .;..' I ~ i r..'''''' "I I 1 ' II '(4 '. ~ , I--- I' ' . ,.......~...J>:-- , ~ I' Z J. 1 .c;.::. J, --T1 I -~ ~ I ~ OTES , i I .~.. #)'~""-. .""""""""-""""..'--' .-,-':"" ' . .",.. :-, ~'"", '" ," ~ '," .1 c~ L,>~,.., ~....,."........,. ,_._'t-. "M__'''''.. .. '-..:JJlI" . '" ,-~ .~.., " *,ai...;" .\ ) r ; '1 I , ,/ '\ ) ) "'- ,;:;: I O. .;." .-- ; A< , :!-(~" 4--' _ ~tr ./-. , 1- 1-1' j.- : ('p. i i t , I I I 1 , I I J----- '. ;' .; ., 1 '{ I I j . , I { I , ! I ~ ~ 1 .J . , i I , . ., j , ) --' , , . ,-) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 NOTICE OF PUBLIC HEARING CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7 :30 p.m., or as soon thereafter as can be heard on Tuesday, July 14, 1998 at Andover City Hall, 1685 .Crosstown Boulevard NW, Andover, Minnesota to review the Special Use Permit request of Grace Lutheran Church to erect an institutional sign on their property located at 13655 Round Lake Boulevard NW legally described as follows: That part of the West 445.02 feet ofNW y.. ofSE y.. of Section 32, Township 32, Range 24, lying north of the north right-of-way line of 136th Lane NW, 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 City Hall for review prior to said meeting. ~j$ Victoria V olk, City Clerk Publication Dates: July 3, 1998 July 10, 1998 '\ I 5",(' q~--1:l.. ~ PIN 323224130082 PIN 323224240072 PIN 323224130083 ANDOVER LIMITED PARTNERSHIP LOCAL OIL CO ANDOVER LIMITED PARTNERSHIP 13735 ROUND LAKE BLVD 3631 BUNKER LAKE BLVD 13823 ROUND LAKE BLVD A~DOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 PIN 323224420007 PIN 323224420009 PIN 323224420003 GRACELUTHCHUROFANOKA GRACE LUTHCHUROFANOKA ANDOVER CITY OF 13655 ROUND LAKE BLVD 13655 ROUND LAKE BLVD 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 ANOKA MN 55304 ANDOVER MN 55304 PIN 323224420002 PIN 323224420035 PIN 323224420036 MEADOW CREEK ASSOC WINEBRENNER DELMAR A GELLING DALE D & ALICE M 3480 BUNKER LAKE BLVD 13639 ROSE ST 3432 136TH LN ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 PIN 323224420025 PIN 323224420026 PIN 323224420027 JONES RAY R & CAROL A HAMMON RONALD E & DANA M JORGENSON DONALD F & D J 13625 ROUND LAKE BLVD 3530 136TH LN 3520 136TH LN ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 PIN 323224420028 PIN 323224420029 PIN 323224420043 WILBER MARNELL K BRADEN CLYDE R & KAREN L ALA TORRE RAYMOND L & C J 3510 136TH LN 3500 136TH LN 3433 136TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 , \ /323224420044 PIN 323224420030 PIN 323224420031 BERNDT SCOTI D & NANCY A HOBERG DAVID L BRENTESON M R & SPRAGUE M A 3443 136TH AVE 3501136THAVE 3511136THAVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 PIN 323224420032 PIN 323224420033 PIN 323224420034 IRWIN GARY G TRANBY HARVEY N & SUZANNE D VAZQUEZ ARUZ GWINNETH ETAL · 3521 136TH AVE 3531 136TH AVE 3543 136TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 ., .' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION August 4, 1998 DATE AGENDA 1\0. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-discussion ITEM 1\0. Community Development Amend Ordinance No. 10, Platting and Subdividing Ord. Section 9.07, Park Dedication BY: ,g, David L. Carlberg Community Dev. Director The City Council is asked to approve the proposed amendment to Ordinance 10, Section 9.07, Park Dedication. Said amendment relates to the determination of "market value" for park dedication requirements. Attached is the proposed amendment for Council review. The Planning and Zoning Commission is recommending approval of the amendment. I , " '. / MOTION BY: SECOND BY: . , ) , ) \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 10BB AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: Section 9.07.6 Market Value of Lands. "Market Value", for the purposes of this Ordinance shall be determined as of the time of the final plat without improvements in accordance with the following: A. The Park and Recreation Commission and owners or developers may recommend to the Citv Council the as-te market value. The Citv Council after reviewing the Park and Recreation Commission's recommendation. mav agree with the owner or the developer as to market value. It The City Cmmeil after re";iewinf; the Park and Reereation CommissioFl's reeommeFldation, may agree with. the O'.\'fler or the developer as to mar1~et value. If agreement is Flat reached iFl this manFler, then the market ";alue shall be determiaed by afl aeeredited appraiser ehosen by the Park afld ReereatioFl CommissioR, at the expense of the O\\-l1er or de";eloper, B, The owner or the developer mav select from a list. one of three accredited appraisers that has been approved bv the Citv to establish the market value, The appraisal shall be at the expense of the owner or the developer. Such appraisal shall be accepted bv the Citv Council and the owner or developer as being an accurate appraisal of"market value". All other sections of this ordinance shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover this 4th August , 1998, day of CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk ,) Regular Andover Planning and Zoning Commission Meeting Minutes - July 1-1, 1998 Page 7 PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 8. 19(A), NOISE Motion by Wells, Seconded by Gamache, to table the item to the next meeting. Motion carried on a 3-Yes, 3-Absent (Apel, Luedtke, Peek) vote. (}) PUBLIC HEARING: AMEND ORDINANCE NO. 10, SECTION 9.07, PARK DEDICATION 8:47 p.m. Mr. Hinzman explained the City Council and Park and Recreation Commission have discussed changing the Park Dedication requirements to allow the developer to choose from between three to five appraisers to assess the proeprty value ofland for park dedication purposes. The choice allows greater flexibility. il1otion by Wells. Seconded by Gamache, to open the public hearing. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. 8:49 p.m. There was no public testimony. '\ , .J Motion by Wells. Seconded by Gamache, to close the public hearing. Motion carried on a 3-Yes, 3-Absent (Ape I, Luedtke, Peek) vote. 8:49 p.m. Commissioner Wells suggested that rather than allowing the developer to choose an appraiser, those on the list be picked at random because of the potential liability on the City if the same appraiser would get picked over and over again. Or do it on a round-robin type basis. Mr. Hinzman explained under the current ordinance the City only uses one appraiser, and this will open it up for more appraisers. It also addresses the problem when there is some disagreement between the City and the developer. Chairperson Squires didn't read that there is a right to appeal. Mr. Hinzman stated that is the intent. The appraiser would be agreed upon by both the developer and the City, so there should be no need to go to court. Motion by Gamache. Seconded by Wells, to send this on to the City Council with the approval of the ordinance amending Ordinace No. 10, the Subdivision and Platting Ordinance of the City of Andover as drav.n up by the Staff. DISCUSSION: Commissioner Wells asked that the City Attorney review the proposal before it goes to the City Council. Motion carried on a 3- Yes, 3-Absent (Apel, Luedtke, Peek) vote. This will be placed on the August 4. 1998, City Council agenda. 8:52 p.m. \ ) DISCUSSION - ORDINANCE NO.8, SECTION 8.24, JUNK VEHICLES - DISCUSSION RELATES TO PROVIDING MORE RESTRICTIVE CONTROLS FOR REPEAT VIOLATORS Mr. Johnson explained several residents expressed frustration at the June 16 City Council meeting regarding the City's enforcement on junk vehicles. The Council directed Staff to work with the City Attorney to draft language for stricter enforcement. He received a two-page document from the City CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION July 14, 1998 DATE AGENDA ITEM 9. Public Hearin~: Amend Ordinance No. 10, Platting and Subdividing Ordinance ORIGINATING DEPARTMENT Community Development David 1. Carlberg BY: Community Development Director APPROVED FOR AGENDA BY: . ReQuest The Planning and Zoning Commission is asked to hold a public hearing on the proposed amendment to Ordinance 10, Sections 9.07. Said amendment relates to the determination of "market value" for park dedication requirements. . . Section 9.07. Park Dedication. 9,07,6 Market Value of Lands, , , / The City Council, at their June 16, 1998 meeting, discussed the procedure for obtaining mar1.<et value of a property to determine park dedication. The Council directed the amending of this section to provide for the ability of the developer to pick from a list of 3-5 appraisers. Attached is the proposed amendment for Commission review and discussion. Also attached are the minutes from the June 16, 1998, City Council meeting. , / \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. lOBB AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: Section 9.07.6 Market Value of Lands. "Market Value", for the purposes of this Ordinance shall be determined as of the time of the final plat without improvements in accordance with the following: A. The Park and Recreation Commission and owners or developers may recommend to the Citv Council the as-t9 market value. The Citv Council after reviewing the Park and Recreation Commission's recommendation. mav agree with the owner or the developer as to market value. J B. The City CeHaeil after revie'Niag the Pai"k ana Reereatioa Commissioa's reeommeadatioR, may agree with the OYlfler or the developer as to mai"ket ';aIHe. If agreemeRt is ROt reaehed iR this mar'..Rer, then the ffiai"ket value shall be determiaed lJy an aeeredited apJ3raiser ehQsen by the Pai"k and RecreatioR CommissioR, at the expeflse of the owner or developer. B. The owner or the developer may select from a list. one of three accredited appraisers that has been approved by the City to establish the market value. The appraisal shall be at the expense of the owner or the developer. Such appraisal shall be accepted by the City Council and the owner or developer as being an accurate appraisal of "market value". All other sections of this ordinance shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover this 4th August , 1998. day of CITY OF ANDOVER J ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk , ) Regular Andover City Council l-v/eeting Minutes - June 16, 1998 Page 9 DISCUSS CURBS IN RURAL AREA !'vir. Haas reviewed a proposal to change the street curbing stan rd in rural developments from the current standard of asphalt curbs, to require concrete curb gutters, the same as what is required in urban developments. He cited four reasons for doi so: 1) There is a longer service life with. concrete curb and gutter. 2) The drainage is improve 'within the street, as bituminous curbing often results in "bird baths" along the curb lines or at' ersections of adjacent streets. 3) There will be a long-term cost savings for the City because' will not have to be replaced as often as the asphalt curbing. 4) [t is the norm in other deve ing communities such as Ham Lake. Mr. Haas had pictures showing some of the problems th asphalt curbing. The drainage does not necessarily have to be more sophisticated with the c crete curb and gutter. ft would add about $1,500 to the cost of a rural lot and would apply ev to roads in rural areas that are being upgraded or rebuilt. The Council asked Staff to raw up the specifications for action at a future meeting. They also &Sked that the Staff research at other cities are doing in the rural areas, the width of street they require , and whether or not ey require the concrete curb and gutter in repaving projects. J v DISCUSS ORDINANCE 10, SECTION 9. 07. 6/PARK DEDICATION Mr. Haas reviewed the Park and Recreation Commission's recommendation to leave the Ordinance as is relating to park dedication in commercial and industrial developments and to follow it. The Council discussed the procedure for obtaining market value of the property. Councilmember Ornel commented that in the dispute over market value for Hamilton Square, it was the Council that felt there was a discrepancy in the value and asked that it be looked at again. He also did not have a problem following the ordinance as written, but felt there needs to be some provision for mediation if a dispute arises. He also suggested that the City have three official appraisers that are used and the developer would be able to choose one. Motion by Kunza. Seconded by OrneL to list three to five appraisers and let the developers pick one of them. DISCUSS[ON: There was discussion with Park and Recreation Commission Chairperson Grabowski regarding the ordinance provision and procedure for obtaining market values. The Council felt the confusion has been with the commercial development in the rural area, as that is something the City has not done before. Some cities don't assess a park fee at all for commercial property; others charge just a flat fee each year. ., ) Ed Hamilton. 6615 Highwav 10 NW. Rarnsev. MN - stated they were denied the right to appeal the park dedication fee for Hamilton Square. . The land was appraised for $1 million. They paid $100,000 for park dedication but were then denied the right to appeal. They had 24 acres, but only 16 acres could be sold and developed. They checked with policies in the surrounding cities and found that if this were in Ham Lake, they would have paid $12,600 in park dedication fees. [n Coon Rapids it would have beeh $1,152 per acre; in Elk River, $1,500 per acre; and in Ramsey, about \ ~\ Regular Andover City Council Meeting }vlinutes - June 16, 1998 Page 10 (Ordinance 10. Section 9. 07. 6/Park Dedication, Continued) S40,OOO total. He feels they were penalized for developing in Andover, and that will discourage others from developing in the City. He also reviewed the great disparity on the land value determined by the three appraisers on his property, and he went into some detail as to how the land was appraised both before and after its Green Acres classification. rfhe had to do it over again, he would not have developed that property for the clinic and post office. Councilmember Ornel asked that he provide copies of the ordinances from other cities regarding park dedication for commercial property. Winslow Holasek 1/59 Andover Boulevard - stated it's been his experience that appraisers are not impartial and favor the City they were hired by. He has a concern of who will be on the list of appraisers and that it not be just those working for government entities. He also explained that the property is not valued as it was under Green Acres. When the Green Acres classification ceases, taxes are paid retroactively for three years and full market value is assigned. .~ Motion carried on a 4-Yes, I-No (Dehn believing the City should look at a separate policy for j residenti~ and commercial property) vote. Councilmember Orne! agreed the research and discussion should continue on how other cities determine park dedication for commercial property. Mr. rsman asked the Council to consider options for funding out-of-state travel to professional confere s, specifically the October International City Manager's Conference in Orlando. He attended the 997 rCMA conference in Vancouver, paying for his o\'<n travel and accommodations and using his 0 time off for the trip. While he would use his o\'<n time off for this conference, he did not feel he cou ay his own way for this year's conference, which he estimated to be between $600 to $900. His re ch finds that all cities the size of Andover recognize the benefits of such travel, education and con cts and pay for these types of professional conferences. Council discussion noted that olicy needs to be developed on national conferences that is applicable to all of the department n ds, keeping in mind the budget restraints so that there is equal treatment of everyone. The policy m ht be that they be allowed to attend a national conference every two to three years, and that it would known beforehand when they would be able to attend. Motion by Kunza, Seconded by Orttel, to appr e Mr. Fursman's request regarding the October, 1998, [CMA conference. Motion carried unanimo ly. CITY OF RAMSEY PUBLIC HEARING RESULTS/S / Mr. Johnson explained the City of Rarnsey held a public hearing 0 e proposed ordinance for slow- no-wake zones along the Rum River. They are recommending that nes 1 and 2 be deleted, that Zone 3 is questionable and that Zone 4 remain as illustrated on the map: CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF rvnNNESOT A NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, July 14, 1998 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review and discuss an amendment"to Ordinance No. 10, the Platting and Subdividing Ordinance. The following sections shall be amended: Section 9.07.6 Market Value of Lands. --,' Said"amendment will allow the developer to select one of three certified appraisers, approved by the City, to establish the "Market Value" for park dedication requirements. Other related Sections may be amended as deemed necessary. 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. tfL.,; (/~ Victoria V olk, City Clerk Publication dates: July 3, 1998 July 10, 1998 '. .J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ,) DATE: August 4, 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Planning ITEM NO. Approve Final Plat 9D .Shadowbrook Fourth Addition David L. Carlberg Community Development Director The City Council is requested to approve the resolution approving the final plat for the Shadowbrook Fourth Addition development project. The final plat is found to be in compliance with the preliminary plat. It is recommended that the final plat be approved subject to the following stipulations: 1. City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of this site which is to be determined by c, the City Engineer or if the site is completed, a letter from the developer's engineer that lots '-./ and streets are graded according to the grading plan submitted and approved or any revisions thereof. 4. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 5. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. The dedication will be a combination ofland and/or cash. Note: The variances were approved as part of the approval of the preliminary plat. , , ) \ ) , \ , J '\ ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. _-98 MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF SHADOWBROOK FOURTH, AS BEING DEVELOPED BY BUNKER LLC, IN SECTION 36-32-24. WHEREAS, the City Council approved the preliminary plat of the Planned Unit Development of Shadowbrook ; and WHEREAS, the Developer has presented the final plat of Shadowbrook Fourth Addition. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Shadowbrook Fourth Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. 9. Variance from Ordinance 10, Section 9.06 a3 to allow the developer to use the report from GME Consultants dated March 6, 1995 and letter dated August 16, 1995 to establish the lowest floor elevation based on estimated groundwater level and waive mottling soil requirements. \ '. ) '1 , ) Page Two Resolution - Approving Final Plat Shadowbrook Fourth Addition August 4, 1998 10. Variances from Ordinance 10, Section 9.02 C due to the number of streets that will meet the definition of a collector street. This section of the ordinance states that preliminary plats shall not be approved wherein lots front on the right -of-way of collector streets. Adopted by the City Council of the City of Andover this ~ day of AUQust ,19 98 . CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk '\ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: Auqust 4. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Waive Hearing/Adopt Assessment Roll/ 97-38/14056 Raven Street NW at Todd Haas, ~ Engineering The City Council is requested to approve the resolution adopting the assessment roll for the improvement of watermain construction for Project 97-38, 14056 Raven Street NW. The property owner has waived the public hearing (see attached letter). " I \ / 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. 97-38.14056 RAVEN STREET NW. WHEREAS, the property owner has waived their right to a public hearing. 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. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1st Monday in January, 19~ and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution. 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 the City Treasurer. MOTION seconded by Council member and adopted by the City Council at a reQular meeting this 4th day of AUQust ,19~, with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk uD- 38 I .I RECEIVED 1111 .~. I 1998 July 15, 1998 CITY OF ANDOVER Scott Erickson, P.E. City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Dear Mr. Erickson: We have received the assessment for 14056 Raven Street NW as provided by the City and agree with the proposed assessment. Please submit to Council for approval and we waive the right to a public hearing. / Sincerely, ~~~:L~A 14056 Raven Street NW Andover, MN 55304 waive. doc '\ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: Auqust 4. 1998 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. Order Plans & Specs/97-51/FencingNarious Parks $. The City Council is requested to approve the resolution ordering improvement and directing preparation of plans and specifications for the improvement of Project 97-51, for the area of Hidden Creek North Park, Hills of Bunker Lake East Park and Pine Hills Park for fencing improvements. \ ) \ ) , i / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-51 FOR THE AREA OF HIDDEN CREEK NORTH PARK, HILLS OF BUNKER LAKE EAST PARK, PINE HILLS PARK FOR FENCING IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the Fencing Improvements; and '. NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Hidden Creek North Park, Hills of Bunker Lake East Park. Pine Hills Park for fencinq improvements, Project 97-51; and J BE IT FURTHER RESOLVED by the City Council to hereby direct the....Qlty Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this ~ day of Auqust ,19-.illL, with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER voting ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: Auqust4.1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. Approve Plans & Specs/97-51/ FencingNarious Parks rl3. The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for Project 97-51, in the area of Hidden Creek North Park, Hills of Bunker Lake East Park and Pine Hills Park for fencing improvements. Specifications are available in the Engineering Department for review. , / ... ; CITY OF ANDOVER , / COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-51 , FOR HIDDEN CREEK NORTH PARK. HILLS OF BUNKER LAKE EAST PARK. PINE HILLS PARK FENCING IMPROVEMENTS. WHEREAS, pursuant to Resolution No. -98 ,adopted by the City Council on the 4th day of Auaust , 19--.illL, the Citv Enaineer has prepared final plans and specifications for Project 97-51 for Hidden Creek North Park. Hills of Bunker Lake East Park, Pine Hills Park Fencina Improvements. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of Auaust , 19-.illL. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. i BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, Auaust 20, 19 98 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this 4th day of Auaust ,19 98 , with Council members favor of the resolution, and Councilmembers said resolution was declared passed. voting in voting against, whereupon CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor / Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Auqust 4, 1998 AGENDA SECTION Non-Discussion/Consent Item ITEM NO. Update of Agreements/97-43/Hills of Bunker Lake Trail all, ORIGINATING DEPARTMENT Todd Haas, , Engineering This is an update for the City Council regarding the agreements that were sent to the adjacent property owners in Hills of Bunker Lake and the trail that has been constructed and paved. To date, we have not received the signed agreements and copies of the required insurance. The only item submitted to the City is the homeowner's insurance from Tony and Patricia Brozek. Attached are the letters that were recently sent to both property owners. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 July 28, '1998 Paul and Sandra Asted 1171 - 140th Lane NW Andover, MN 55304 Re: Bikeway/VValkway Trail Project 97-43 Dear Mr. and Mrs. Asted: To date, the City has not received the signed agreement and copies of the insurance that is required under Item #9 of the agreement. It is recommended by the Park and Recreation Commission that the agreement be signed and copies of the insurance be sent to the City prior to any use of the trail adjacent to your home once the trail has been paved. If you have questions, feel free to contact me at 755-5100. Sincerely, CITY OF ANDOVER ~~ Assistant City Engineer/Parks Coordinator T JH:rja cc: City Council Park & Recreation Commission " ~ , '.- '.... ......".-.. ,., ~,.' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 " July 28, 1998 Anthony and Patricia Brozek 1151 -14Oth Lane NW Andover, MN 55304 Re: Bikeway/Walkway Trail Project 97-43 Dear Mr. and Mrs. Brozek: To date, the City has not received the signed agreement and copies of the insurance that is required under Item #9 of the agreement. It is recommended by the Park and Recreation Commission that the agreement be signed and copies of the insurance be sent to the City prior to any use of the trail adjacent to your home once the trail has been paved. If you have questions, feel free to contact me at 755-5100. Sincerely, CITY OF ANDOVER T JH:~a cc: City Council Park & Recreation Commission CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: Auqust 4. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. Update of No Parking/Green Acres Park ~i). This is an update item for the City Council. The Park and Recreation Commission at their July 16, 1998 meeting discussed the issue of "No Parking" along one side of the street at Green Acres Park. After their discussion of the item, it is recommended that the City Council take no action on this. Attached are the meeting minutes of the Park and Recreation Commission. Note: If you recall, Carrol Abbott, resident of the City, requested the City consider no parking on one side of the street earlier this year at a City Council meeting under resident forum. / / pII Regular Andover Park and Recreation Commission Meeting J Minutes - July 16, 1998 Page 2 (Langfeld's Oakridge Estates/Park Dedication, Continued) Mr. Langfeld - had a copy of the county assessor's appraisal of the land at $39,000 for the entire parcel, which is about half of what the City's appraiser had estimated. He hoped to be able to negotiate an amount somewhere between the two appraisals. He is also having problems getting a house on the one lot because the water level is so high. (Commissioner Barringer arrived at this time, 7:42 p.m.) Mr. Langfeld stated the land was taken out of Green Acres years ago. It has been his land and he is developing it because the ta;xes are so high. Mr. Haas stated Mr. Langfe1d had an opportunity to hire his own appraiser and make an offer to the Park Board. Instead, he requested in writing that the City do the appraisal. Chairperson Grabowski didn't know what the county assessor uses as a guide, but it's been his experience that the county assessor's valuations are 70 to 80 percent of the true market value. Also, he didn't know how or if Green Acres was calculated by the county. After further discussion with Mr. Langfeld, the Commission explained they are unable to negotiate on the park dedication. That would have to go to the City Council. It was also noted that this was / one of the lowest valuations received in many years, probably because of the wetlands. No further action was taken. ::> CONSIDER NO PARKING/GREEN ACRES PARK The Commission discussed the issue of No Parking signs along one side of the street at Green Acres Park because of the congested parking conditions during ball games. Commissioner Barringer, who lives in the neighborhood, stated he has not experienced a problem in the five years he's lived there. He didn't even think games were played at that field this year. For the four to six times a year there may be games there, he questioned the need for the No Parking signs. The Commission noted 0nly one complaint has been received. Without any public backing and because of the input from a Commissioner who lives there, the Commission generally agreed that no signs are needed at this time. illotion by Lindahl, Seconded by Anderson, to recommend we take no action on this. Motion carried unanimously. J '\ \ J \ ..., ,J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: August 4, 1998 AGENDA SECTION ORIGINA TING DEPARTMENT N on-Discussion/Consent Frank Stone - Public Works Superintendent ITEM NO. CX~ , Request for Permission to Advertise Sale of Used Office Furniture and Equipment Andover staff requests permission to advertise the sale of Used Office Furniture and Equipment. Included in this sale will be used office furniture, used computer software, one 1985 Ford I-ton Utility Van and other miscellaneous items. The tentative time line of the events: 1. Move all items to the Public Works Cold Storage Building for categorizing and numbering, August 3-7 2. Advertise in the Union and The Shopper during the weeks of August 9-15 and August 16-22 3. Open the sale for public viewing and sealed bids on Monday, August 24 and Tuesday, August 25 from 7:30 a.m. - 3:30 p.m. (Complete list of bids items will be available at 7:30 a.m. on Monday morning August 24) 4. Bid opening: 1 :00 p.m. at City Hall on Wednesday, August 26, 1998 5. Type a list of bid tabulations immediately following the bid opening 6. Request Council approve the award of the Used Office Furniture and Equipment to the highest bidder at the September 1, 1998 Council Meeting 7. Contact the successful bidders: September 2-4 or until all bidders have been contacted Mayor and Council reserves the right to reject any and/or all bids and to award the sale of Used Office Furniture and Equipment in the best interest of the City. , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: Auqust4.1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,~t Engineering ITEM NO. Approve Final PaymenU97-14 & 96-27/Prairie Rd.lBunker Lk. Blvd. & Oak View Middle School Trail/Hanson Blvd. Fl1. The City Council is requested to approve the resolution accepting work and directing final payment for Projects 97-14 & 96-27, Prairie Rd.lBunker Lk. Blvd. & Oak View Middle School Trail/Hanson Blvd. , / J \ , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO VALLEY PAVING, INC. FOR PROJECT NOS. 97-14 & 97-26 FOR THE IMPROVEMENT OF TRAILS. WHEREAS, pursuant to a written contract signed with the City of Andover on June 3, 1997, Vallev Pavinq, Inc. of Shakopee, MN, has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's '\ receipt in full. J MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 4th day of Auqust , 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 J 07/28J98 09:39 'a'612 490 2150 SEH ST PAUL I4J 0002/0008 \ , ./ ~5&1 3535 VA/:NIVS C~ DRIVE'. 2fXJ SEH CENTER. ST. PAUL. MN 55110 612490-2fX)() 8IXJ 32S-2055 AI1CHITI!CTUM ENGINEERING f:M'IRONMENTAL TRAN:;iPOfrTAnON July 28.1998 RE: Andover. MN Prairie RdJBunker Lake Blvd. Trails City Projects 97-14 and 96-27 SAP 1198--101-09, 198-020-11,198-020-12 SEH No. A-ANDOV9702.04 Mr. Scott Erickson, P .E. City Engineer City of Andover 1685 Crosstown Boulevard NW Andover. MN 55304 Dear Scott: Enclosed are two copies of the final application for payment from Valley Paving for the above- referenced project. Also enclosed an: a Consent of Surety to Final Payment, IC-I34 forms and Lien Waivers from Valley Paving. \ } The final CODStn1ctiou cost of the project, including the Hanson Boulc:vaxd lI3il, is $231,000.91. The original contract amount was $2#,361.05. We have reviewed the project on site with City Staff, and have found the improvements to be acceptable. We therefore recommeud approval of the enclosed final application for payment to Valley Paving in the amount of $29.321.47. We have also enclosed a Report afFinal Estimate form for Mn/DOT State Aid reimbursement. This should be executed by yourself and sent to Bob Brown for fin3I payment to the City. If you have any questions. or w.ould Iikc to discuss rhis In deta1J. please call me at 490-2017, We thank. you for the v}'poitUnity to sa-vc: the: City of Andover QO this project. Sincerely, ~ 11;. ~ Todd M. Blank, P.E. Project Manager tmh Enclosures ~lHIlUJUNDOY'8lQ2PA11IIWP'DlII2Ift.WPO '0 / SHORT ELLIOTT HENDRICKSON INC. MINNEAPOUS. MN ST. CLOUD, MN CHIPPEWA FA11.S. WI MADISON. WI LAKE COUWTY, IN EQUAL OPPORTUNITY EMPLOYER 07/28/98 09:39 '6'612 490 2150 SEH ST PAUL f4J 0003/0008 -. APPUCATlON FOR PAYMENT \). (UNIT PRICE CON'mACT) NO. Eina1 OWNER: City of Andover, Minnesota OWNER'S PROJ. NO. 97.14 ENG. PROJECT NO. A.ANDOV9702.0Z LOCATlON: Pr1Iirie Road and Bunker Lake 6oulevan:l CONTRACTOR Valley Paving, Inc. CONTRACT DATE 4105 85th Avenue North. Suite 203 CONTRACT AMOUNT $177,193.9S 6rooKlyn Pallt, MN :50443 CONTR. FOR Intersection and Trial Improvements APPLlC. DATE PERIOD END. APPLICATION FOR PAYMENT , CONT. QTY. UNIT ITEM NO. DESCRIPTION UNIT QTY. TO DATE PRICE TOTAL ----------.--.--------.....--.-...-------..-...--- 2021.501 Mobil~tion LS. --1- $5,500.00 $ 5500.00 2101.501 Cloar & Gn.Ib HA 0.45 .5 $12,725.65 $ 6362.83 2101.502 Clear & Grub TREE 5 9 $206.00 $ 1854.00 2104.501 Remove Concrete Curb & Gutter M 215 219 $8.20 $ 1795.80 2104.501 Remove Culvert M 34 0 $32.80 $ 0.00 2104.513 Sawing Bituminous Pavement (Full Depth) M 1110 163.5 $4.95 $ 809.33 0504.602 Relocate Hydmnt EACH 1 $1,545.00 $ 1545.00 2105.501 Common ExcavMon (P) M3 5327 5327 $S.ao $ 30896.60 2105.525 Topsoil Borrow (LV.) M3 815 795 $8.00 $ 6360.00 2105.535 Salvaged Topsoil (C.V.) M3 ~ 134 $4.50 $ 603.00 0123.601 Street Sweeper wI Pick-up Broom HOUR 10 0 $75.00 $ 0.00 2130.501 Water for Dust Control M3 75 50 $16.00 $ 800_00 ~~11.501 Agg. Base CI. IS (R""dway) T 960 903.7 $8.26 $ 7455.53 ) . a11.501 Agg. Base Cl. 5 (Tr1Iil) T 390 ~ $9.10 $ :1p48.1g 2211.503 Agg. Base Placed. Salv. Bit. & CI. 5 (Trail) (CY) M3 220 229 $11.82 $ 2706.78 PAGE 1 O~4 SHORT ELLIOTT HENDRICKSON INC. A-ANOOV9!02.02 07/28/98 09:39 'fi'612 490 2150 SEH ST PAUL 141 000410008 APPUCATlON FOR PAYMENT ) CONT. QTY. UNIT . ITEM NO. OeSCRIPTlON UNIT Oly. TO OATE PRice TOTAL ---......---...-----.-....-..----.--.....--........-..-.--.--....-............-..------.......-...-..--..-------------- 0232.602 Pulverize Bituminous Pavement (P) M2 1423 1423 $1.26 $ 1792.98 2340.508 Type 41. Wearing Course (Roadway) T 240 276.37 $33]5 $ 9327.49 2340.508 Type 41, Wearing Course (Trail) T 500 464.77 $93.60 $ 15569.80 2340.510 Type 31, Binder Course .T 100 --25 $29.90 $ 2242.50 2340.514 Type 31. Base Course T 240 242.56 $29.90 $ 7252.54 2357.502 611. Material for Tack Coat L 400 350 $0.50 $ 175.00 0411.603 Precast Concrete Block Modular Retaining Wall M2 60 54 $141.75 $ 7654.~ - 2501.515 450 mm RC Apron wI T.G., DeS. 3006 EACH 1 1 $2,06000 $ 2060.00 2503.541 300 mm RCP sew. CI. 5 DeS. 3006 M 17 16.16 $77.25 $ 1248.36 2503.541 375 mm RCP SeW. CI. 5 Des. 3006 M 35 34.4 $82.40 $ 2834.56 2503.541 450 mm RCP Sew. CI. 5 Dos. 3006 M 10 10.9 $97.55 $ 954.30 0504.602 Adjust Valve Box EACH 2 2 $125.00 $ 250.00 0504.605 50 mm Rigid Insulation M2 15 14.86 $25.75 $ 382.65 '. 1 927.00 5Oe.502 Const. C6 EACH $927.00 $ / 2506.502 Canst. CBlMH EACH 2 2 $927.00 $ 18::>4.00 2506.516 Casting Assembly R-4342 EACH 1 $154.50 $ 154.50 2506.516 Casting Assembly R.3205-A wI Neoprene Boot EACH 2 2 $412.00 $ 824.00 2511.505 Hand Placed Riprap M3 3 3 $128.75 $ 386.25 2511.511 G ranular Filter Blanket M3 :3 3 $15.45 $ 46.35 2521.501 100 mrn Concrete Pedestrian Ramp M2 36 0 $28.15 $ 0.00 2531.501 Concrete C & G. Des. 8618 M 190 324.7 $29.49 $ 9575.40 2535.501 81tumlnous Curb M 125 0 $!Ml5 $ 0.00 0557.603 Tree Protection Fencing M 150 120 $4.10 $ 492.00 0583.601 . Traffic Control LS. 1 $2.0Q0.OO $ 2000.00 2564.531 Street Signs, Type C M2 4.913 ---.b. 74 $242.20 $ 663.63 0564.602 Salv. & Install Sign, i)'PEI C & Street Name EACH 3 0 $36.05 $ 0.00 0564.602 Pavement Meaeage, (Right ArrCIW)- PoIy-Prefom>ed EACH :3 3 $236.90 $ 710.70 0564.602 Pavement Message, (Left Arrow)' Poly-Preformed EACH 1 $236.90 $ 236.90 .. 0 0.00 i64.602 Furnish & Install Street Name Signs . EACH 1 $231.75 $ 2104.523 Salvage Signs, Type C & Street Name EACH 7. 7 $15.45 $ 108.15 PAGe 20F 4 SHORT EL.UOTT HENDRICKSON INC. A.ANDOV9702.02 07/28/98 09:39 '5'612 490 2150 SEH ST PAUL 141 0005/0008 APPLICA'OON FOR PAYMEm , CONT. , CTY. UNIT ITEM NO. OESCRIPTION UNIT QTY. TO DATE PRICE TOTAL ~.--._-- ..----..----------. ----------..--.....-...----... 05e4.003 (l()O mm Solid While Un.. - Poly.Preformed M 14 ...l2.....8. $51.50 $ ~59.20 0564.603 100 mm Solid White Une - Paint M 230 232 $2.06 $ 477.92 0564.603 100 mm Double Solid Yellow Una. Paint M 190 190.2 $4.12 $ 783-62 0564.604 Crosswall< Marl(lng . PoIy.Prelormea M2 23.75 29.3 $127.72 $ 3742.20 2571.502 50 mm Diam. MarshalfS Seedless Ash TREE 7 6 $206.00 $ 1236.00 2571.502 50 mm Dlam. Gr...."spi.... Unden TR~ 7 5 $206.00 $ 1030.00 - 2571.502 50 mm Diam. Autumn Blaze Maple TREE 7 4 $206.00 $ 824.00 2571.502 50 mm Diam. Swamp White Oak TREE 7 2 $206.00 $ 412.00 2S71.501 1.a m HT Black Hilb Spruce TREE 7 21 $206.00 $ 4326.00 - 2571.501 1.8 m Hr Austrian Pine TREE 7 ~ $206.00 $ 824.00 2575.544 Transplant Shrub SHRUB 10 0 $103.00 $ 0.00 2575.541 Transplant Tree TRee 18 --1L $206.00 $ 2472.00 2573.501 Bale Chec~ EACH 65 0 $5.00 $ 0.00 r73.502 Silt FgnOQ, PrgaSSgmblgd M 230 112 _5 $9.79 $ 1102 _ 35 , / 2575.501 Seeding HA 1.3 -hI $813.70 $ SQS.07 2575.502 Seed Mixture 50A KG 130 .ll.5.....-4 $8.14 $ q~Q 1fi 2575.505 Sodding, 'ype Lawn M2 2200 ~ $2.52 $ "iOO?.20 2575.511 Mulch Malerial, Type I T 6.5 .4.54 $381.10 $ 1730. 19 2575.519 Disk Anchoring HA Ul 1.1 $206.00 $ 226.60 2575.523 Wood Fiber Blankets, Type Regular M2 1100 2374.6 $1.34 $ 3181.96 2575.532 Comm. Fertilizer, Analysis 10-10-10 KG 148 85.91 $1.03 $ 88.49 TOTAL $ 170,013.7fJ. \ / PAGE~OF. SHORT ELLIOTT HENDRICKsON INC. ^-ANDOVQ?~.02 07/28/98 09:39 '5'612 490 2150 SEH ST PAUL 14I 0006/0008 Application For Payment - continued -'tal Contract Amount $1n,193.98 Total Amount Earned $ I . , ,.'laterial Suitably Stored on Site, Not Incorporated into Work $ Contract Change Order No. 1 (Su"plementa~ Percent Complete 10~ $ Contract Change Order No. Agreement) Percent Complete $ Contract Change Order No. Percent Complete $ GROSS AMOUNT DUE $ LESS 0 % RETAINAGE $ AMOUNT DUE TO DATE $ LESS PREVIOUS APPLICATION $ AMOUNT DUE THIS APPLlCA liON $ 170,013.78 60,987.12 231,000.90 Contractor's AffidavIt The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments roceived from the Owner on account of work performed under the oontract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications for Payment under said contract, and (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. 231,000.90 201,679.43 29,321.47 Dated ,Tllly t ~ 19~ By: / COUNTY OF Hennepin ) ) SS STAlE OF Minnesota ) Valley Paving, Ino. ~~~ Vice President (Name and Title) Brad Schrnidtbauer Before me on this 13t!1day of Brad Schmidtbauer Vice President (Office) =p~~Affid,..;t on ~"of sa" Con1mctor: and ~OfJlatem~j ""Ged C true, "",""" My Commission Expires: ~~~1C~~:!4 CO' 0. ~. ^ . ._~ Iy~~.,,,,ql.~ . (Notary Public) ."'.......~. .. ... .. ~......". JUly . 19 ~ personally appeared known to me, who being dUly sworn, did depose and say that he is the of the Contractor mentioned above; that he executed the above Application for The undersIgned has checked the Contractor's Application for Payment ShOwn above. A part of this Application is the Contractor's Affidavit stating that all previous payments to him under this Contract have been applied by him to discharge in full all of his obligations in connection with the work covered by all prior Applications for Payment. In accordance with the Contract, .the undersigned approves payment to the Contractor of the Amount Due. SHORT ELLIOTT HENDRICKSON INC. , \ - , Date . 71-11.;511'0 By ~nrN #1. ~ Page 4 of 4 A-ANDOV9702.02 07/28J98 09:39 '5'612 490 2150 SEH ST PAUL 141 0007/0008 .Y1INNESOTA ~ .' .;oULEVARD(CSAH 78) TRAIL IMPI'\OV~ENTS ~. ,OJeCT 96-27 , . 3.Q20.11 , ~ .i NO;AANDOV9702.03 09/18197 ESTIMATED eSTIMATED FINAL. ANAL i"EMNO. ITEM UNIT UNIT PRiCE QUANTITY COST QUANllTY COST ;21.501 Mobilization L.S. $3 IlOO.OO In 1 $3 aoo.OO 1 3800.00 OS.501 ~mmon Excavation!?l M3 5.80 640 $3.712.00 640 3712.00 05.525 Toosoil !loll'OwILV.) M3 6.00 1000 sa.OOO.OO 790 632U.UU 05.535 IssJv!KJOd Top..,a le.v.) 1.13 4.SO 200 $\lOQ.oo 200 900.00 23.S01 !Slreet SWeeo.... wI Pick-uo Broom HOUI'\ 75.00 5 $375.00 0 U.UU IWater lor Dust Control 5 sao.OO ;) , ou.uu 30.501 M3 16.00 I ~1'.501 Add. ease Cl. 5 lTrall) T 9.10 BOO $7,280.00 822 7480.20 'l4O.S08 Tvoe 41. Wearioo Course ITr3lll T 33.SO 4SO $15.075.00 430.92 14435.82 ;01.515 300 mm RC ArlrOll wI T.G., [)ea. 3006 EACH 1,000.00 In 8 58,000.00 8 8000.00 ;OS. 541 300 mm RCf' Sew. Ct. 5 Des.3OOl5 M T7.~ 34.2 $2.641.\1:5 34.15 2638.09 ;11.50:5 Hand Placed RioRac M3 128.75 1.5i $193.13 1.5 I 193.13 >57.603 S~~ & ,,,,,t:>J1 Ch<lItI LInk FQnoe 1.1 AOOO In 80 $3.200.00 80 3200.00 57.603 Tr~ Protootion FeneiM M 4.10 1.00 $410.00 65 266.50 ;63.001 liraNic CoI1\Tol LS. 1 ooo.OO{n 1 $1 000.00 1 1000.00 '84.002 Salveoe & In$taU Wood SiCll1 EACH lSO.CO (n 2 $300.00 0 0.00 i64.604 ICrossWalk Marklno - PolY-Preformed M2 I 127.12 201 $2.554.40 0 I 0.00 . , >75.541 Transolant Tree TREE 206.00 2 $412.00 3 I 618.00 lli.!501 IBaIe CI1ecl<s I =CH I 5.00 ~ $100.00 0 I 0.00 ';7. _ ; Sill ~enoe. Preassembled M 1l.7Q 2001 $l.gsa.OO 0 I 0.00 / .34 I 276.66 ~S.501 HA 813.70 0.7 $56ll.59 >75.002 S9<Id M'lXlure SOA KG 8.14 70 S5G9.BO j:>.b I ;'!8~. -Ilj 375.505 SoddIn<1 Type Lawn M2 2.52 1500 $3.760.00 2854.5 I 7193.34 >75.511 Mulctt MatBrial. Tvoe I T I 381.10 3.5 $1.333.S5 1.4 533.54 i75.519 DIsk AnchorlnQ HA 206.00 0.7 $144.20 .n 22.66 ,75.523 VVOlJO fiber 6lanksrs.. Tvoe Reaular M2 1.34 5001 $670.00 0 0.00 77S.~ Comm. Fertilizer, AnaIv,,~ 10-10-10 KG 1.09 10s1 !:loB. 15 26.6 27.40 TOTAL SA NO.1 TOTAL ; $67167 07 60,987.12 NOTE; ALL UNIT PRiCeS ARe UNCHANGED FROM THE ORIGINAL. coNTRACT EXCEPT THOS!; NOTEO (n) / PAGE NO. - 2 07/28/98 09:39 , , / i j : " ) j ~ o ~ ~ o . ~ ::J " :! .. ~ ~ !i l! . ) III " ~:: "E ~;; a~~!~ ~i:~~~ ;;;.U;S ~~~~~ii ~~..~g~ 1l~1;~<s:; "I;LUlQlD '5'612 490 2150 IdJ 0008/0008 SEH ST PAUL 2 i:;'16 ~ I'l " a~ - ' I i> 1:1888888 ~ ~U~/la~ ~ -:;i- ..~ .. ~ $~a'N ~~ ;~~~-~~ ~ ~~~~5~!; ; f ! ; ; i "-,, I ~ ~ ~ g~ ~ & 5 i ~ ~~2~:;; ~~jj~~ gggg g g ~ >: ~ ~ l'l ! ~"':a -- ~~ !;~ ....1'".'" -.~:-~ ~ I ~ :; ~- -. ':iWH ;;;~_.....:. . ; u i ~". U .. " .. ~ .. .. ~.~~~i i.~~8!~~~2 ~~~ ! .. ~~ ~~ -~~~~.=j~~~!~~~-j-~~! . .. ~~_~~5l~N _2SZ 'l!h~~".~I:;i .... _N.... ~ . e s !'12 ~ ~ ~ ..! .!IO.~.~~ ... :w::!!::!'':f*'~P1;~'' ~ % . I ~~:S$ "';5~g wwWW~w;t; I!'~ ~g ~sU~-g!i! ; . ! C/lY OF ANDOVER REQUEST FOR COUNCIL ACTION , , j DATE: August 4, 1998 AGENDA SECTION Non-Discussion Items ORIGINATING DEPARTMENT City Clerk OJ ITEM NO. I~. Approve Kennel Ucense Renewal The City Council is requested to approve the renewal of a commercial kennel license for Rob- Lyn Hiltz, dba Blue Collar St. Bernards at 16541 Valley Drive NW. All requirements for the license have been met. J / (/) 90::: mW u..> 00 , ,Cl .. ~_./ .i I-u.. ::)0 ffi~ ~u (} crr'< Of ANDOVER iU'QUES1 fOR COUNCIl. AC110N DAiE:- Auaust4.1998 AGENDA SECT\ON DiscUssion Itern OR\G\NAT\NG DEPARTMENT scott EriCI<.SOn,~L Engineering . HEM NO. 4. Award Bid/98.13IFOX MeadoWslstreets ,M City council is requested to approve the resolution aVlarding contract to Bauerty Brothers in the amount 01 $115.523.35 {or FoX MeadoVlS. project 98-13. Bids recei\led are as folloWs: ~d Arnoum $115,523.35 $129,465.50 $141,688.00 $151,087.50 $139,306.00 contractor - =-- BauerlY Brothers North Valley pa\ling ~ NorthWestASphatt WB Miller -- Bauerty Brothers haS successfullY pertormed other projects for tM City. Engineer's Estirnate i !: ~ ,'\ ti 0 :] .Q) 0.. V 0' 0 ~ 0::: 0.. 0.. I I-r-~I .~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION i I ,LDA SECTION ,<DO-ON I f I ITEM NO. , Approve Plans & Specs/98-11/ I Jay Street NW DATE: AUQust 4. 1998 ORIGINATING DEPARTMENT Scott Erickson, rJt.. ' Engineering The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for Project 98-11, in the area of Jay Street NW for the construction of street reconstruction, storm sewer, sanitary sewer and watermain. Specifications are available in the Engineering Department for review. - , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98-11 ,FOR JAY STREET NW. WHEREAS, pursuant to Resolution No. -98 ,adopted by the City Council on the 4th day of Auoust , 19~, the City Enoineer has prepared final plans and specifications for Project 98-11 for Jay Street NW . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of Auoust , 19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, Auoust 28 , 19 98 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a reoular meeting this 4th day of Auoust ,19 98 , with Councilmembers favor of the resolution, and Councilmembers said resolution was declared passed. voting in voting against, whereupon CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ... DATE: AUQust 4.1998 AGENDA SECTION ADD-ON ITEM NO. . Approve Lighting/93-40/City Hall Council Chambers ORIGINATING DEPARTMENT Scott Erickson, ~[ Engineering The City Council is requested to approve additional lighting for the Council Chambers at City Hall, Project 94-30. Approval of this item will authorize Industrial Electric to install the additional lighting at a cost not to exceed $2,527.00. Funding for this will be from the Building Maintenance Fund. '. '- JUl-30-1998 15:41 INDUSTRIAL ELECTRIC CO. 612 339 7039 P.02/02 I_ INDUSTRlALELECTRIC COMPANY . ELECTRICAL CONTRACTORS . 600 South Ninth Street Mimeapolis, Minnesota 55404 Fax (612) ~7039 Telephone (612) 339-1268 , July 30, 1998 TO: Mr. Dave Almgren City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 RE: Andover City Hall Council Chamber Linear Lighting Dear Dave, 1 am pleased to submit our electrical proposal for additional linear lighting for the Andover City Council chambers: I based this proposal on our discussions at the site July 21, 1998. Fixtures: I I Scone of Work 8' suspended direct/indirect fluorescent fixture 16' suspended directf'rndirect fluorescent fixture Oualifications 1. Sales taxes and electrical pennit are included. 2. We based this proposal upon the current straight time labor rate (applicable until May I, 1999) and monthly construction progress payments. 3. All work to be done during nonnal work hours (7:00 a.m. - 3:30 p.m., Monday - Friday). Our Quotation: $ 2,527.00 TWO THOUSAND FIVE HUNDRED 1WENIY-SEVEN DOLLARS. _ _ . . . . . . AND NO CENTS We appreciate the opportunity to present this proposal to you. If you have any questions or require additional infonnation, please do not hesitate to call Sincerely, INDUSTRIAL ELECTRIC C c/,-L Joseph P. Black Project Designer I Estimator J 2!l9:I Pmp 01 ANDOVER LlNliAR UG~~Pb TOTAL P.02 August 4, 1998 Mayor and city Council Members city of Andover 1685 Crosstown Blvd NW Andover, MN 55304 RE: August 4, 1998 Andover City Council Agenda Discussion Items 5. Amend Andover Comp Plan/Section 23/Ashford Development Corporation, Inc. continued and 6. Rezoning/Section 23 Ashford Development Corporation, Inc. Dear Mayor and City Council Members, We respectively request that the above items be tabled until the August 18th, 1998 Andover City Council Meeting. We also grant an extension of review time for the above items until the August 18th, 1998 City Council Meeting. Thank You, ~ 1>/f.-/~ ~ tU~~ Gerald G. Windschitl Carol Windschitl Owner of record - Ashford Development Corporation, Inc. ~~l/~ Gerald G. Windschitl , I . Exhibit A : ; Development Phasing ; January 21, 1997 . ; . I I ! I Development · 1996 I 1997 I 1998 1999 ! 2000 ! I Shadowbrook 85 105 : I 20 , Timber Oaks 16 ; : I I Woodland Estates 74 i I Crown Pointe East 2nd 25 ! ! I Chesterton i 45 45 i ': I Cambridge Capital I : i 451 i ! , I Rosella . 10 35' Fharnam , 35 ; Nova 7 : , 7i : Camp 9 . , 9 W. Hills 4th 40; , , I Sophie South . , , 25i , Nightingale Misc. ! 38 . 101, 249' 130 159 20 ~I-o.. /I: /~ . Exhibit A I Development Phasing December 16, 1997. i Development 1996 1997 i 1998 1999 2000 Shadowbrook 85 105 C/O 20 Cherrywood Estates 16 Woodland Estates 74i Crown Pointe East 2nd , 25] Chesterton Commons : 45: 45 , I Cambridge Estates . 25' 20(45) i Rosella i 10 35 Andover PUD(Grey Oaks) , 35 Nova 7 7 Camp 9 9 W. Hills 4th , 40. Sophie South 25 Burr Oak Run , 18 Nightingale Misc. 20(38) 101 249 173 116 20 . . Exhibit A Development Phasing August 4, 1998 r . . : Development 1996 : 1997 i 1998 1999 i 2000 Shadowbrook . 86 38' 49 21: " 194 Cherrywood Estates 14 , 14 Woodland Estates . 74: : 74 Crown Pointe East 2nd . : 22! 22 Chesterton Commons , , 32i 53 : , i 85 Chesterton Commons North , i 19: ! 19 . Cambridge Estates : 15 10 25 Rosella , 14 27 : 41 : . Grey Oaks 32 , 32 Nova 7 : 11: 11 Camp 9 9 9 W. Hills 4th 40 . , 40 Sophie South 27 27 Burr Oak Run , 16 . . 16 Unallocated (Prairie Rd) 26 26 Nightingale Misc. : 25 25 : 100 166: 219 129: 46 660 , ~I o ~ ~ :t ~ ILlJ o ii I ~ z Z " '6 D e f'l i " ~ " m ~ D ::0 m I:) m "'0 )> ::0 -I s:: m z -I z -. IJQ "'"'- is: =- \C N _. ~ IDUl",= ID---nlJQ I:Il ;" n~ o - a :; a tll "'"'-. n ID",",>=- ~~ Q. ~ c._ -'n> ::.., o - = 0 = ~o ~m >< r/lm~ Zt'"-lc O~r/l 2~> OOm ~Z \O~ 00 z rI.l ='" .,~ .. -Q" -- Q" ~ 10 tool...... 10_..... ClD - Q" c:r Q,," . g lII:' City of Ham Lake ~ ~ 00 > >~ =< (JQn> =.... ~O ......~ ~e ~n> ~= ~f""t>. QC~ =- = tIl .... = (J'Q L. II I~ I~ I~ ,'/;! ''I I~ !l I[ I~ /) I~ Ii I~ i 0 I~ I~ II ~ '" ~u ~tTj >< rJJ.tTj~ zt'""'e Cl~r/J 2~> OOtTj ~z ~~ 00 --- -- VI '--" II tIlz ~ E.s:: -3 trl 0..0- !}o ...... -"" """ o 0 >...., (> "" o '" . . CITY OF ANDOVER REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY ACTION DATE August 4, 1998 AGENDA ITEM 2. Additional Information Approve Preparation of Plat. Andover Commercial Park Second Addition ORIGINATING DEPARTMENT Community Development David L. Carlberg Community Development Director The Economic Development Authority (EDA) is requested to approve and award the low bid for the preparation of the plat for the Andover Commercial Park Second Addition. The following quotes were received: Hy-Land Surveying Caine and Associates Midwest Land Surveying $3,630.00 $4,500.00 $6,650.00 Staff recommends the EDA award the bid to Hy-Land Surveying, P.A. in the amount of $3,630.00. -LAND SU~VEYING TEL:493-5781 Aug 03.98 17:40 No.003 P.02 ,.. .-:", HY-LAND SUBV1i1YING, '.P.A. ,. LAND SURVEYORS ..... . . .August 3, . 1998'. .' : .' Mr.; . David' Carlberg . .City,of Andover . ^ .. ..H85 Crosstcwri.Boulevard N. if. ." . . AndoVer;. MN ' . 55304 .. . _. i... .......-. ....-... , . Re:. Proppsal for Andover Commercial Park Second Addition De~ David, , ,. ,Th~ following services will be needed .to complete the abOve refe~~edproj~ct: . . " . .. Final.Pllit Stake plat corners $ 980.00. $ 500.00.;- $1,850. O~t '. .,:- '1- . . 2~ BouIida1:y survey . ,. ","3. 4. Mylars ~ $ 300-.00': ,I: .the . estimate .. -.' $3-,-63,0...00. .', for. the above services. will be . . . approximately Thank you for considering By-Land surveyiOg for this project. .' .S1~cerely, . ..~...(:.. . Mi~ton B. ~Yland~ .. . ,- ." ~ f' ..... '" . . . ", ". .. . .' . ~ .' .....,. .' . . . . . . . . ,..' 8700 Jefferson HIghway.' Osseo, Minnesota 55369.. Phone '493-5761 Fax 493-5781 -' . - . ";";"" ..~. ," ''\,'' . ., .-, "I _.Ill .-.,.!.....Ik c........~~~ 07/28/98 . 09:01 LAW OFFICES 2140 4TH AVE ~ 755 8923 61~ 434 7646 C~XNE g. ,,"su;'OCX,,"TES. rNO. 'J.2 434 7'646 1',().169 [;102 p.et JE"UY N. CAli'll 1.l.S. A ~~ r.l~~'" (JIliHC ~ Ass(lcia(~$ Xnlfd SJlfVCUOfS, life. 11120 "GHWAV 65 NE HAM LAKE, MlNNEsor.... :>5304 U~-76~6 July 24. 1998 Mr. WiUiam G. Hawkins William G. Hawkin!l and Associates 2140 f'ourth Avenue North Anoka, MN 55303 SUBJECT: Proposed Andover Commercial Park 2nd Addition Dear Mr. Hawkins: At your request, I have prepared the foUowing estimate of the cost to provide the City of Andover with l\ plat of part oflhe South HaffofSection 34, Township 32, Range 24, Anoka County, Minnesota, per the Sketch that you provided to me. v We will prepare a pIal of the above described property for $4,000 to $4,500, 110t to exceed $4,500.00. The plat will include approximately two (2) commercial lots iUld four (4) outlots. For tlus price, we will do the necessary research, provide a Boundary SUlVey. Final Plat, lot Slakes. Alloka County Plat Checking flees, and mylar copies ror recording. This price does not include topography or a Preliminary Plat. Thank you for the opportunity to submit this proposal. If you have any questions or necd additional information, please fccl free to contact me. Yours truly, CAINE & ASSOCIATES LAND SURVEYORS, lNe, ~ ~ ~.~ ( Jeffrey N. Caine, President JNC:jmk MIDWEST Land Surveyors & Civil EngineersJ Inc. 199 Coon Rapids Blvd. Coon Rapids, MN 66433 Ph.612-786-6909 Fax: 612-786-9208 August 4, 1998 Mr. Dave Carlberg CITY OF ANDOVER 1685 Crosstown Blvd. Andover, MN 55304 RE: Andover Commercial Park MW Proposal #63498-B Dear Mr. Carlberg: As requested, we have prepared a cost estimate for the necessary land surveying and computer drafting that would be required for the preparation of a final plat on the City of Andover property as shown on the enclosed half section map. Our estimate is based upon the Cinema site plan, information available at Anoka County, and the City providing MIDWEST with the legal descriptions of the property. Upon this information, MIDWEST would propose to prepare the final plat for an amount of $6,650.00. Included in this cost would be a boundary survey, final plant, county plat check fee, mylars and placement of lot corners after completion of the grading. Any changes required by the City would be billed for at our hourly rates. If you have any questions or need additional information, please do not hesitate to give me a call. We appreciate the opportunity to provide a quotation on this commercial park site. Yours truly, MIDWEST LAND SURVEYORS & CIVIL ENGINEERS, INC. e~~ Rodney H. Halvorson, L.S. enclosure z: 0 ffi ce/ka rlalp ro po sa Is/6 3498-b II I I -1f::r--r-- t;--.J 1=Jr ~~b/ Ti'~~tx;= 7'-J, I (~ 1\ I~'\I -.l -JJ / I ---- ~ IU~ w! HII I- ~ j/~ I ~'"' i I I I I-tm -.I-- I I \-- I I \i\ 1'~ w~ . ~" ) ,~-J ~ / ~~ R \ I I " L Ii ,J " ,'7" . I-- r ^ V~ ".'" 'A:.1f-- ..~- o f).~ Ir,.~ I ~lrh I~ p ~~ I \11 I ~ - f- I- -} ~'. r-(1 pzr [- I- 1- ~I' a'Y?lt.. ! ~ . 1--l-t "~~ ~. :\:>;~.@.\! L YTImTI'rr'".y- _ ~1--1 I I IT = -m~~ ~ L tJ,_ II :;'~I;\ ~ ^ I ~~.::;y~'0 '1! I~" -(~ ~ - ~ If! '/e E~ -~ ~ ~ if ~m >- o~ ~~ '~"/ --- F=J 7!-t / U .ill! " [3 ~ ~FHL '" ~ ,,'0=S o /::::' c-(l r~~ - j r rrr LW ,- / ! IT c: L ~ l,- r--- 1& ),,~ Ii - I ~ii ~f ~~L ~81i ~U 8!~ ~ I I Ul -1 J I ~/J-...I I Ii- 'r-J~ 1 ~(::--(x /~ -y ~ ScJ I I :~hcr u -'- :!.l/' -(JH' v- (f-- j'-- r L ~ ~ n~ \... L . Itr ~~I~ f-- - ~ I~ tffill. flffB~ L f- I- i\= '- } - ./ _;=roo; - .1= 'j \\- l- f--- 1-1- __ H ::. ~ ,- f-- ~F~ '0 f..--" \ .>) ~ J,rtJ i =' C-7}- - J 1/- ~c.-- C) (/) c -C C Q) III 0 'C L- :;::> CJ u ro E ~ "0 L- - s::: 0 III III III :J - c a> III (/) III 0 E a> 0 Q) ~ U .... t) a> 0 <{ a:l >- s.... a 0::: ..c III - _ro.3 I c a> c Zlll -c ~ C) a> Q) S ro w2 ~ -c E (/) o Q) ~ L- 'i:: (/) C)~ ID -c III I- ID a. ..... s......!-LL III a.. 0 .- "0 ~9s.... wlll ~ Em a> a> 0 ~ a> .,JUJ - III ~ III 0 III > 0 -:E2 -c III E '0 L- a> c -l .0 s.... L- ~ 0 >-:= ..... c> m .!!! i L- a> ~ L- III :!:::ro ..3i:l::s -c a> E 0 I- ~ 0 ~ LL -c Os.... E ~ ~ ~ a> c a> III L- .... ,~:< ~ ~ ..c 0 ..c III ~ DD ID l- t) (/) a.. LL ~ ('i) ; lO ..... i l"- OCI =It =It =It =It =It DATE Auqust 4. 1998 ITEMS GIVEN TO THE CITY COUNCIL Zoning Ordinance Review Task Force - July 14, 1998 . Planning and Zoning Minutes - July 14, 1998 . Park & Recreation Minutes - July 16, 1998 . Economic Development Authority Minutes - July 21, 1998 . Special City Council Minutes - July 21, 1998 . City Council Minutes - July 21, 1998 . Letter from Joseph & Leila Schneberger - July 23, 1998 . Ord. No. 212B . Final PlaUShadowbrook 4th Addition . Schedule of Bills PLEASEADDRESSTHESE ITEMS AT THIS MEETING OR PUTTHEM ON THE NEXT AGENDA. THANK YOU. J ~~ I:' .'=.. {\I\T.~ 7J:;g-/9.'i; ... 17953 OsageCt. N.W. Andover, MN 55304 July 23, 1998 RECEIVED JUL 2 4 1998 CITY OF ANDOVER Andover City Council Andover City Hall 1685 N.W. Crosstown Blvd Andover, MN 55304 Dear Andover City Council Members: Weare writing regarding the recent recommendation of approval by the Andover Planning Commission of Resolution Number R-98-A resolution granting the special use permit request of Tony Emmerich Construction, 10738 N.W. Hanson Blvd., Coon Rapids, Minnesota to mine soil pursuant to ordinance No. 8, Section 4.24 on property located in the N.E. Yo of section 3 (PIN 03-32-24-14-0008, -13-0001, -12-0004, -11-0001). We are adamantlv opposed to the city council's adoption of this ordinance! As you can see from our address, we reside just west of the proposed excavation site and have lived in Andover since 1987. We have regularly paid our high property taxes for very little in the way of goods or services; trash pick-up is private; we have no city water or sewer; nor do we have any public streetlights. However, we do have snow removal and some street repair. All in all, we enjoy living in Andover. When I heard about this proposal, I couldn't believe that the guardians of our collective welfare in Andover would be party to such a project! I have called the Planning Commission several times seeking clarification about this project and have spoken to a Mr. John Hinzman each time. However, I continue to receive conflicting information about the nature, purpose, and scope of this project. First I was told that the project was just to dig a small pond. In fact, this is what people were told by the city office when they called for more information about the purpose of the July 14th meeting. This is a blatant misrepresentation, which explains why more people did not show up at the public hearing. Then I was told that it was to construct two eight-acre private ponds to be stocked with walleyes. Then I was told that Mr. Emmerich is going to build a 10 acre, 25 foot private lake on the property in question. Rumor has it that he will develop the property as an upscale subdivision at some future date. I also heard that he has pre-sold the dirt he proposes to remove, presumably for some large highway construction project. My questions to each of you as the duly elected local representatives of the residents of the city of Andover are: (I) WHAT EXACTLY IS THE NATURE AND SCOPE OF TillS PROJECT? (What is going on? It does not seem like a well thought-out plan!) (2) WHO BENEFITS? It is pretty clear that the onlv people who benefit from this project are the Emmerichs. (3) WHO PAYS? It is very clear that the people of Andover are going to have to pay for the cost of maintaining the county roads for the increase in heavy truckload traffic. There are many indirect costs as well. (4) WHAT ARE THE HEALTWENVIRONMENTAL, SOCIAL, AND FINANCIAL RAMIFICATIONS OF THIS PROJECT? (Have the appropriate environmental impact studies been completed? Do we know how dramatically the quality of life for us affected residents and ; .. our children will be diminished? Do we know how quickly the infrastructure-namely County Road #58 will be destroyed and who will pay to repair it? (5) HAVE ALL OF THE REQUIRED PARTIES BEEN NOTIFIED SO A FULL AND COMPLETE PUBLIC DISCUSSION OF THIS PROPOSAL CAN TAKE PLACE? Has "due process" been followed? It seems like the approval for this project is a forgone conclusion! Can the Planning Commission really recommend approval of this thing with a two to one vote (out of seven planning commission members)? This doesn't seem like representative government to me! The very idea that someone can put in a temporary road to haul out 175,000 cubic yards of dirt via "belly" dump trucks from 7:00 a.m. to 7:00 p.m. Monday through Friday and from 8:00 a.m. to 2:00 p.m. on Saturday for at least four years via County Road #58 and the Planning and Zoning Commission would fmd that "the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover" is absurd! I can't imagine how a project of such magnitude would not negatively (and dramatically) effect the quality of life for the area residents of Andover, and anyone who travels on County Road #58. Let's examine health and safety fIrst. There are many younger children in the neighborhood that play outside and ride bikes. In fact, two of my children are younger (10 years and 7 years old) and they spend quite a bit of time playing outside. If this project commences, the safety of the neighborhood will diminish for all neighborhood children. I have heard that there will likely be 15 loads of dirt a day coming out of property in question! The likelihood of serious accidents or injuries (for example, a child getting hit by a truck or a vehicle getting hit by a truck) will dramatically increase with this increased activity on the road! What specifIc measures (i.e. stop lights, signs, flag person) will Mr. Emmerich and the city of Andover take to address the increased safety risk and who will pay for these measures? In addition, we all depend on our wells for our water. We need to know how the water table and quality be affected? Do we know? If it is contaminated, who will be morally and fmancially responsible? There are many acres of designated wetlands adjacent to this proposed "mining operation." What will the impact on the wetland be when the water table drops to fIll the private lake for the private fIshing pleasure of the Emmerichs? Every year there are fewer and fewer red-tailed hawks that return to this area. Projects like the one proposed would have a detrimental effect on all the animals that live in this area. What about County Road #58? It's already in deplorable condition. This project will destroy what's left of its usefulness. What will happen then? Will the taxpayers have our taxes increased to pay for a new road, or will the revenues that Mr. Emmerich realizes from the sale of the dirt go toward paying for a new road? We intend to complain about this proposed project to the Minnesota DNR, Army Core of Engineers, Wetlands Commission, and the Environmental Protection Agency, as well as US Senator Wellstone. Projects such as the one proposed that enrichen one individual at public expense should no longer be simply rubber stamped, or slipped by unobtrusively in the middle of the summer when many people are on vacation. As our duly elected local representatives, you are obligated to address our question coii);erns! As your constituents, we expect answers to our questions and co gust 4, 1998, city council meeting. cc: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION Date Au~ust 4.1998 AGENDA SECTION Approval of Claims ORIGINA TING DEPARTMENT Finance Shirley Clinton ~_ I ITEM NO. Schedule of Bills REQUEST: The Andover City Council is requested to approve total claims in the amount of$ 730.360.50. BACKGROUND: Claims totaling $ 87.005.34 on disbursement edit list #1 dated 07/28/98 have been issued and released. Claims tot~ling $ 643.355.16 on disbursement edit list #2 dated 08/04/98 will be issued and released upon Council approval. Date: 08/04/98 Approved By: "'., . . . . . . .,,, . . ~~ . . . ~~ "'" . ~., . . ~ . "U . . 0 . . 0 . . ,..... . . ... . . ~'" . ...--- . Uo . . ':" . *' . . . "'" . . ~o 00 . . "'... "''' . . U 0'" . . ..,.., . . " m "" . . . . . . ... .'" . . iii ~'" . . . . .~ 0 . . :E .., . . . . ., . . " ~ . . gl . CDCDCDa)" "'''' . . "' .., . . " . O"IQ\O"IQ\. ~ . . " . m . . 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