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Home My WebLink AboutCC September 1, 1998 ,.J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Tuesday, September 1,1998 Ribbon Cutting Ceremonymedication of Park Trails at 6:30 PM Call to Order - Following the EDA Meeting Scheduled at 7:00 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Assessment Hearing/93-30/Bunker Lake Blvd NW Service Road 2. Public HearinglVacation of Easement/329 - I39th Ave. NW 3. Public HearinglVacation of Easement/3922 - I46th Lane NW 4, Ordinance No, 236/ Train Whistle Blowing Ordinance 5. Response to Ashford Letter Regarding Drainage Issue 6. Amend Andover Comp Plan/Section 23/Ashford Dev. Corp., Inc. Continued 7, Rezoning/Section 23/Ashford Dev. Corp., Inc. Continued '.) 8. Amend Ordinance No. 233/Dangerous Dog 9. Y2K Problem 10, Adopt 1999 Preliminary Budget/Levy 11. Discuss Cost Share w/ Anoka County Parks Dept.l98-17 /Bikeway- Walkway/Bunker Lk. Blvd. from Hanson Blvd. to Round Lk. Blvd. Non-Discussion/Consent Items 12. Adopt ResolutionlExtend Cable Franchise 13, ASUP/Fuel Storage Tank/3118 162nd Lane NW/Ace Solid Waste 14. SUP/Retail Trade & Service/I 3440 Hanson Blvd. NW/JBS Landscaping ,15. Approve Bids/Andover Sale of Used Furniture & Equipment 16. Award Bid/97-51Narious Fencing 17. Accept QCCC Budget 18. Change 9-15-98 City Council Meeting to 8:01 PM 19. Accept Easements/159th Avenue NW 20. Update/The Meadows of Round Lake/97-37/Traffic Study 21. Approve Ordinance Amendment 212/Hunters Hollow 22. Approve Ordinance Amendment 212/Rose S1. NW 23. Approve Final Payment/97-7/Crown Pointe East 2nd Addition 24. Order Plans & Specs/97-12/Drill Well #7 25. Approve Summary ofOrd, No. 230AINoise Ordinance .~ Mavor/Council InDut Payment of claims Adiournment agenda Bookmark Name minutes hear9330 ph329 ph3922 ord236 drainage compplan rezon ord233 y2k levy disc9817 cable ace jbs bids bid9751 budget ccmtg ease159 updt9737 ordhunt ord212 fpay977 ord9712 ord 230a CITY OF ANDOVER REQUEST FOR COUNCIL ACTION :J DATE:September I, 1998 AGENDA SECTION ORIGINATING DEPARTMENT Approval of Minutes City Clerl5 ~.~. ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: August 18, 1998 Regular Meeting August 18, 1998 Special Meeting '\ J / '\ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ . J DATE: September 1, 1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson,~l Engineering ITEM NO. Assessment Hearing/93-30/Bunker Lake ,. Boulevard Service Road The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for the improvement of sanitary sewer, watermain, street and storm sewer for Project 93-30, Bunker Lake Boulevard Service Road. This original public hearing was tabled at the November 6, 1996 City Council meeting. Since then we met with the property owners involved and we are recommending that the assessments be approved as presented (i.e, recall that their assessments are being subsidized by the EDA and TIF funds as ordered by the Council at the time of the initiation of this project). " / As the Council will note, the assessments as presented are identified to be paid over a five (5) year period. To be consistent with the previous assessments in this area and due to the amount of the assessments, the Council may want to consider authorizing the assessments to be payable over a typical ten (10) year period. '\ J 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 SANITARY SEWER. WATERMAIN, STREET AND STORM SEWER ,PROJECT NO. 93-30, BUNKER LAKE BOULEVARD SERVICE ROAD. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: . / 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments, extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 19~ and shall bear interest at a rate of_ 7 percent per annum from the date of the adoption of this assessment resolution. 2. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 1st day of September , 19~, with of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in favor voting Councilmembers CITY OF ANDOVER ATTEST: J,E. McKelvey - Mayor \ / Victoria Volk - City Clerk / -/ -_/ 'iif ." '.1 A.I' ( ./- /' ",/ ANDOVER SPECrAL ASSESSMENTS '. :ROJECT NAME Bunker Lake Blvd Frontaae Rd PROJECT NO.: 93-30 FEASIBILITY STUDY: Date 11/1/94 Amount $ 483.555.00 CONTRACT AWARD: Phase I.- Phase II - Date Septemher 7. 1q94 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 S 1. 551 70 S 747 63 S 15.772.00 S 5.257.33 S 2.628.67 $ 35.999 60 S 358 09 S 5.62418 $ 2.355 14 S 18.00 S 46.707.63 Braun Intertec Serco Laboratories Constructoin Interest (6%) TOTAL EXPENSES (% of Final Contract Cost - 50.8921%) + S 267.556 63 ~ );:MENT ACOUISITION COSTS l:"yt,ard Prater/John Irnre, etal S 7.600 00 ABC Mini Storage - Parcel 5 S 13.056 14 Edward Prater - Parcel 11 S 38.000 00 John & Sheila Irnre and Kottke Bus Parcel 7 S 500.00 Murphy Oil - Parcel 6 $ 5.491.00 Kottkes' Bus Service - Parcel 1 $ 15.804 47 Kottkes' Bus Service - Parcel 2 S 20.374 27 Kottkes' Bus Service - Parcel 3 $ 50.23Q 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 , - , '. .-..- - .,..~--'" ) 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 SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER ,PROJECT NO. 93-30. BUNKER LAKE BOULEVARD SERVICE ROAD, WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 19--.mL and shall bear interest at a rate of_ 7 percent per annum from the date of the adoption of this assessment resolution. 2. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 1st day of September, 19--.mL, with of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in favor voting Councilmembers CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor . / Victoria Volk - City Clerk CITY of ANDOVER '" ..... 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 . . . . . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 93-30'. : NOTICE IS HEREBY GIVEf'.! that the City Council of the City of And6ver,Anoka . ,.. . .- County, Minnesota will meet at the Andover City Hall, 1685 Crosstown BoOlevard " .... . NWin the City of Andover, o'n Tuesday, September 1,1998 at 7:00 PM to pass-. upon the proposed assessment for the improvement o( '. sanitarY sewer;'::'.'. '_ watermain.streef and storm sewer construction in the following describ~dare~$:: ". Bunker Lake Boulevard Service Road .."., "." J . .. The proposed assessment roll is on file for public' inspection at the City Clerk's' ; Office.. The total amount of the proposed assessment is $ 483,274.60. Written or ... oral objections will be considered at the meeting. No appeal may be taken,as to,. . the amount unless a signed, written objection is filed with the Clerk prior to th~;: .' . hearing or presented to the presiding officer at the hearing. . The Council may upon' such notice considerany "bjection to the amount of a proposed individual . assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. . - . ,'~ '-~ . -. .," An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk- . of the City within 30 days after the adoption of the assessment and fili'1g such ..' '. '. notice with the District Court within ten days after service upon the Mayor or Clerk.:: BY ORDER OF THE CITY COUNCIL ~'/Iv-Ib Victoria Volk - City Clerk . , , ' Publication Dates: . 8-14-98 8-21-98 8-28~96 ~'._'. .).. . , . -;. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 34322441 0001 Edward J Prater & Jean A Prater CITY OF ANDOVER COUNTY OF ANOKA. STATE OF MINNESOTA PROJECT 93-30 NOTICE IS HEREBY GIVEN that the City Council of 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, September 1, 1998 at 7:00 PM to pass upon the proposed assessment for the improvement of service road at the following described area: Bunker Lake Boulevard Service Road The amount to be specially assessed against your particular lot, or parcel of land is $39.627.82. You may at any time prior to certification if the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the City Treasurer. "10 interest shall be charged if the entire assessment is paid within 30 days from the adoption of , .nis assessment. You 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. If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of ~ years and shall bear interest at the rate of l percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $483,274.60. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL ~ Ira Victoria Volk - City Clerk , / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT 93-30 NOTICE IS HEREBY GIVEN that the City Council of 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, September 1, 1998 at 7:00 PM to pass upon the proposed assessment for the improvement of service road at the following described area: Bunker Lake Boulevard Service Road The amount to be specially assessed against your particular lot, or parcel of land is $28.993.98, You may at any time prior to certification if the assessment to the County Auditor, pay the entire 1ssessment on such property, with interest accrued to the date of payment to the City Treasurer. .~o interest .shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You 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. If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of ..Q.. years and shall bear interest at the rate of .L percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $483.274,60. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. 34322441 0002 John D Imre & Sheila M Imre An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. '\ \ ) BY ORDER OF THE CITY COUNCIL ~;j~ Victoria Volk - City Clerk , \ o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT 93-30 NOTICE IS HEREBY GIVEN that the City Council of 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, September 1, 1998 at 7:00 PM to pass. upon the proposed assessment for the improvement of service road at the following described area: Bunker Lake Boulevard Service Road The amount to be specially assessed against your particular lot, or parcel of land is $38,282.87. You may at any time prior to certification if the assessment to the County Auditor, pay the entire ~ssessment on such property, with interest accrued to the date of payment to the City Treasurer. ,Jo interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You 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. If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of ~ years and shall bear interest at the rate of l percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $483.274.60. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. , ) BY ORDER OF THE CITY COUNCIL 34322441 0003 Kottkes' Bus Service, Inc. ~ (/r/'b Victoria Volk - City Clerk \ I / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT 93-30 34322441 0004 Murphy Oil USA, Inc. NOTICE IS HEREBY GIVEN that the City Council of 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, September 1, 1998 at 7:00 PM to pass upon the proposed assessment for the improvement of service road at the following described area: Bunker Lake Boulevard Service Road The amount to be specially assessed against your particular lot, or parcel of land is $57.364.44. You may at any time prior to certification if the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the City Treasurer. "Jo interest shall be charged if the entire assessment is paid within 30 days from the adoption of .nis assessment. You 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. If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of ~ years and shall bear interest at the rate of l percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office: The total amount of the proposed assessment is $483,274.60. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. " , / BY ORDER OF THE CITY COUNCIL ~ t(,g Victoria Volk - City Clerk ') , / CITY of ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT 93-30 NOTICE IS HEREBY GIVEN that the City Council of 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, September 1, 1998 at 7:00. PM to pass upon the proposed assessment for the improvement of service road at the following described area: Bunker Lake Boulevard Service Road The amount to be specially assessed against your particular lot, or parcel of land is $27.283.86. You may at any time prior to certification if the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the City Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of ."e assessment remaining unpaid, with interest accrued to December 31 of the year in which such , - ,Jayment is !11ade. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of 2.. years and shall bear interest at the rate of l percent per year. The right to partially prepay the assessment is not available: The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $483.274.60, Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429,081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304. (612) 755-5100 34322441 0005 Kottkes' Bus Service, Inc. \ , ) BY ORDER OF THE CITY COUNCIL i/t~ tt/b Victoria Volk - City Clerk ", I j CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF: ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT 93-30 NOTICE IS HEREBY GIVEN that the City Council of 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, September 1, 1998 at 7:00 PM to pass upon the proposed assessment for the improvement of service road at the following described area: Bunker Lake Boulevard Service Road 34322441 0006 Roger Streich The amount to be specially assessed against your particular lot, or parcel of land is $23,763.06. You may at any time prior to certification if the assessment to the County Auditor, pay the entire "'ssessment on such property, with interest accrued to the date of payment to the City Treasurer. 1~0 interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You 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. If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of ~ years and shall bear interest at the rate of L percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $483,274.60. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable, An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. , BY ORDER OF THE CITY COUNCIL . J u~ tftb Victoria Volk - City Clerk . / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 34322441 0007 Kottkes' Bus Service, Inc. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT 93-30 NOTICE IS HEREBY GIVEN that the City Council of 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, September 1, 1998 at 7:00 PM to pass upon the proposed assessment for the improvement of service road at the following described-area: Bunker Lake Boulevard Service Road The amount to be specially assessed against your particular lot, or parcel of land is $31.485.81. You may at any time prior to certification if the assessment to the County Auditor, pay the entire lssessment on such property, with interest accrued to the date of payment to the City Treasurer. I~O interest ,shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You 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. If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of ...Q.. years and shall bear interest at the rate of l percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $483.274.60. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. , / BY ORDER OF THE CITY COUNCIL U~i!,/b Victoria Volk - City Clerk CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 34322441 0008 Kottkes' Bus Service, Inc, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT 93-30 NOTICE IS HEREBY GIVEN that the City Council of 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, September 1, 1998 at 7:00 PM to pass. upon the proposed assessment for the improvement of service road at the following described area: Bunker Lake Boulevard Service Road The amount to be specially assessed against your particular lot, or parcel of land is $58.035.44. You may at any time prior to certification if the assessment to the County Auditor, pay the entire 'ssessment on such property, with interest accrued to the date of payment to the City Treasurer. ,~o interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You 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. If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of ~ years and shall bear interest at the rate of l percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $483,274.60. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. , / BY ORDER OF THE CITY COUNCIL tL;i;~ t/;lv Victoria Yolk - City Clerk . J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT 93-30 NOTICE IS HEREBY GIVEN that the City Council of 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, September 1, 1998 at 7:00 PM to pass upon the proposed assessment for the improvement of service road at the following described area: Bunker Lake Boulevard Service Road The amount to be specially assessed against your particular lot, or parcel of land is $58.035.44. You may at any time prior to certification if the assessment to the County Auditor, pay the entire ~ssessment on such property, with interest accrued to the date of payment to the City Treasurer. No interest.shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You 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. If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of d.. years and shall bear interest at the rate of l percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $483.274.60. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. 34322441 0008 Kottkes' Bus Service, Inc. / BY ORDER OF THE CITY COUNCIL ;~ o;~1 /'" ~ Victoria Volk - City Clerk " / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 34322441 0010 Kottkes' Bus Service, Inc. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT 93-30 NOTICE IS HEREBY GIVEN that the City Council of 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, September 1, 1998 at 7:00 PM to pass upon the proposed assessment for the improvement of service road at the following described area: Bunker Lake Boulevard Service Road The amount to be specially assessed against your particular lot, or parcel of land is $58,035.44. You may at any time prior to certification if the assessment to the County Auditor, pay the entire ',sessment on such property, with interest accrued to the date of payment to the City Treasurer. , ,.0 interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You 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, If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of i years and shall bear interest at the rate of .L percent per year. The right to partially prepay the assessment is not available, The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $483.274.60. Written or oral objections will be considered at the meeting, No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. , .' BY ORDER OF THE CITY COUNCIL U~/# Victoria Volk - City Clerk .' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT 93-30 NOTICE IS HEREBY GIVEN that the City Council of 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, September 1, 1998 at 7:00 PM to pass upon the proposed assessment for the improvement of service road at the following described area: Bunker lake Boulevard Service Road 34322441 0011 ABC Mini Storage, Inc. The amount to be specially assessed against your particular lot, or parcel of land is $62,366,44. You may at any time prior to certification if the assessment to the County Auditor, pay the entire -'ssessment on such property, with interest accrued to the date of payment to the City Treasurer. , I..JO interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You 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. If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of 2 years and shall bear interest at the rate of l percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $483,274.60. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after !;~rvice upon the Mayor or Clerk. / BY ORDER OF THE CITY COUNCil iLt~t!~ Victoria Volk - City Clerk \ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304. (612) 755-5100 34322441 0002 Edward J Prater & Jean J Prater CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT 93-30 NOTICE IS HEREBY GIVEN that the City Council of 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, September 1, 1998 at 7:00 PM to pass upon the proposed assessment for the improvement of service road at the following described area: Bunker Lake Boulevard Service Road The amount to be specially assessed against your particular lot, or parcel of land is $28,993.98. You may at any time prior to certification if the assessment to the County Auditor, pay the entire 1sessment on such property, with interest accrued to the date of payment to the City Treasurer. l'lO interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You 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, If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of 2... years and shall bear interest at the rate of l percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $483.274.60. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. . . An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after ~ervice upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL ~I!~ Victoria Volk - City Clerk 34322441 0001 EDWARD & JEAN PRATER 1786 BUNKER LAKE BLVD. NW ANDOVER, MN 55304 34 32 24 410002 JOHN & SHEILA IMRE 16949 COUNTY RD. 83 BIG LAKE, MN 55309 34 32 24 41 0004 KENNETH RITTMUELLER MURPHY OIL USA, INC. 11545 LAKELAND DR. STE 101 MAPLE GROVE, MN 55369 34 3224410002 EDWARD & JEAN PRATER 1786 BUNKER LAKE ~LVD. NW ANDOVER, MN 55304 . J 343224410003 KOTTKES' BUS SERVICE, INC, 13625 JAY STREET NW ANDOVER, MN 55304 34 32 24 410005 KOTTKES' BUS SERVICE, INC. 13625 JAY STREET NW ANDOVER, MN 55304 34322441 0006 ROGER STREICH 1583 -144TH AVE. NW ANDOVER, MN 55304 343224410007 KOTTKES' BUS SERVICE, INC, 13625 JAY STREET NW ANDOVER, MN 55304 34322441 0008 KOTTKES' BUS SERVICE, INC, 13625 JAY STREET NW ANDOVER, MN 55304 343224410008 KOTTKES' BUS SERVICE, INC. 13625 JAY STREET NW ANDOVER, MN 55304 343224410010 KOTTKES' BUS SERVICE, INC, 13625 JAY STREET NW ANDOVER, MN 55304 34322441 0011 ABC MINI STORAGE, INC, 13624 HANSON BLVD, NW ANDOVER, MN 55304 93-30 (LABELS) / 1 '\ I '- j '\ ) F '\ ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Sentember 1.1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning John Hinzman, I'( ., City Planner J ITEM NO. Public Hearinl!: Vacation of Easement 98-03' 329139thAvenue NW Hakanson Anderson Associates d. Reauest The City Council is asked to hold a public hearing to vacate a portion of a drainage and utility easement at 329 139th Avenue NW by Hakanson Anderson Associates, on property owned by MJB Homes, legally described as Lot 13, Block 4, SHADOWBROOK 2ND ADDITION. The vacation is needed because a portion of the attached garage encroaches 2.72 feet into the 10' side yard drainage and utility easement. Staff Recomendation Staff has reviewed the proposal and recommends approval. Attachments . Resolution for approval . Area Location Map . Survey . Vacation of Easement Application . Notice of Public Hearing } CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF HAKANSON ANDERSON ASSOCIATES ON PROPERTY OWNED BY MID CUSTOM HOMES TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 13, BLOCK 4, SHADOWBROOK 2ND ADDITION, 329 139TH AVENUE NW (pIN 36-32-24-12-0029). WHEREAS, Hakanson Anderson Associates has requested to vacate the following portion of a drainage and utility easement at 329 139th Avenue NW, legally described as Lot 13, Block 4, SHADOWBROOK 2ND ADDITION: That part of the drainage and utility easement over, linder and across the northerly 10,00 feet of Lot 13, Block 4, SHADOWBROOK SECOND ADDITION, Anoka County Minnesota, according to the recorded plat thereof described as follows: / Commencing at the intersection of the south line of the northerly 10.00 feet of said Lot 13 and the easterly line of said Lot 13; thence North 62 degrees 59 minutes 23 seconds West, assumed bearing along the south line of the northerly 10,00 feet, a distance of37.2 I feet to the actual point of beginning of the easement to be vacated; thence continue North 62 degrees 59 minutes 23 seconds West a distance of 12,32 feet; thence North 75 degrees 43 minutes 51 seconds West a distance of 12,01 feet; thence South 14 degrees 16 minutes 09 seconds West a distance of2,72 feet to the point of beginning. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested. Adopted by the City Council of the City of Andover on this 1st day ofSeotember. 1998. CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor '\ , } Victoria V olk, City Clerk , \ ) \. / ~ !"".ie. ; 's ',. '..I'"' ~ I~ >, .' ., .. ;j . iO ,,' 0 . ; , ~ ~i FI ~ ~ , '\ w ) ~ : . ' .. .'" '-'''' ....i..:i. .,\J" I...r:.~" ',' """~'~'.": ,~. . I .1 :1 . \..~\.(~l~ .. !'~.'..._ \: :~~ -',.-.:, ".~' 11" f '-,:! f>'~,.;. .''. CJt '\ : .. : :il. a' ..., '\. ", _ v. \\ ." .'L=J~~JA~) ::Pn \ ,.--. . .' V :~ '. \ \', ;.Y ."..,. "';')....,....-. ,... -.. ...;":..... t.. - ! '&\ \ / ";\~l--...-':-nr-""...":'!:)~.. 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I ItS) _ _ _ _.~.~.~O!.o~... __.,~., ------ ~~ 1~ l , I ----- ---- .. ... .- -~ ~~ t " " nn~ 1'1: 1!,;2 I ~ui I !il i liP '" . 1=~1i -!IU (ot'l Hi ,..~.- 1~li' l-;t' ~..t . t. : : en: ; ; 1'151'" I t 'il~ ~ I · i.. ~ i -. . I h, !p U1 ::r: ::x> t;::j 0 ~ to b ~ Z 0 0 0 "" b~ ~ (")... 0"'<: CO U1 Z-" ... ~b ~ Z 3:;0 () _0 Z<:: 0 Z'" ",~ Z VI 0 t;::j ~ ::x> t;::j t;::j ..-: ;'~:f J--4 0 Z EASEMENT VACATION EXHIBIT .. 'f'< .. / MJB CUSTOM HOMES 6438 RIVERDALE DRIVE Ramsey, Minnesota 55303 PROPOSED EASEMENT VACATION DESCRIPTION Tha' part al ,h. dralnag. ~db u'BI'y nernf'l' ~:;i. under, ~~~WdR8ac"~J 1'601TI~~t~J-:t~nt ~ MIn~esota. according to the recorded plat th..eof describ:l os (o(lows: Cammenclng~, the Inl.......lon ar 'h. ....h 11n. al Ih. northert 10,1'3. feet at sold Lot 13 and the easter1~ linJ o~~ 6~~9 ~:,th rh~ d.ezr"'"II,,s.9 o7~~~ ~~~econd. 1 t. a distance of 31.2~ feet to the oetuat point oP' al the ...emen"a 0 "",caled; Ihenc. con'lnyO d~". 59 mlnut,. .l West. a distance of 12.J2. th 75 d."..... 'J m~'oo 51 ...and. Woo, " f 12.01 'eel' thence 14 ~rees 16 mln tn We.t 0 ~tane. of 2. ~ feet to the point o~ b~inn "9. ~~ .()'O // , ~.bt~<OlJ.,/ S'>l\~. A ~t- ~r"'\ ....,,\.J .w pj<D - .- <0 . ~I' gm z ~'1 "v.6 'L... <:5- 7069'<.].. /" # . 0'> 1//", W- , ,/" V PROPOSED DRAINAGE & unuTY EASE~ENT T9 BE VACATED / / / " 139th Ave N. W. 'If{ L...~' ! N I \ \ \ \ 1 INCH - 30 FEET Area to be yocoted 16 'quare feet LEGEND Lot 13 , Block SHADOWBROOK SECOND ADDITION 4 . - Iron monumen t found o _ Iron monument set and marked with license No. 18420. . eoo.o - Denotes existlnC) etevation ~ - Denotes, proposed etevatlon from grOOe or development plan =.2: - Denotes draInage &: utnlty easement _ - Denotes drolnoqe OrTOW a - Denotes offset Iron Beorlngs shown are assumed - Denotes proposed contour from development or grading pion / ANOKA COUNTY, MINNESOTA Subject to eosements of record, if any, I hereby certify thot this survey, plan or report wos. prepared by me or under my direct supervision and that I am a duly Registered land Surveyor under the laws of the State of Minnesota. $/d?/p Charles R. Christopherson, MN License No. 18420 08/06/98 Dote BOOK _ PAGE_ I II Ha~anson .... ts:c~?~c. ~~,~~ 3ISIl~M.""'~SSJ13 612-0&27-5860 "...x 612-427-0520 m PhI St. .. Iun1Ia4Io. ....... 35Xt 'It-295-58GQ "AX 61t-en-4488 Job No.: 2522. I 4 / " CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 VACATION OF EASEMENT REQUEST FORK property Address 3~q \:,9+\-) A.'JO'\ve. N.W Legal Description of property: (Fill in whichever is appropriate): \?> Block 4 Addi tion ~6e~ '5~ ACOmO Lot Plat Parcel PIN 0tQ - '0"2 - '2.4 - \ '2 - OO'2.<=t (If metes and bounds, attach the complete legal) ----------------------------------------------------------------- Reason for Request E )(.\~\~ ~o..f""o..~ enCf"oo.C...he~ ov\\-o e~t\-\ I Current Zoning ---------------------------------------------------.-------------- Name of Applicant o--o..ne:) ~. cnf"l~~.!.~ I-Jaral\S?" 4nde~ As~. Address 0C"00\ -rh\J~ A..~e Ano\::::o... NN '55303 Home Phone Business Phone 4'27-SaCOO Signature d ~ Date e/7/o.tO ----------------------------------------------------------------- Property Owner (Fee Owner) t-wi.J8 G.b-\c::M \.4O'MO (If different from above) Address <043<2> ~\~do..\<=. c::x.'\Te. eo.W\~ey MI\J '55303 Home Phone J d.J ~ fiC? '7 Business phone 70 \ -s404 Signature -J '"- /I fYlJJ~ Date f- 10 -?f ----------------------------------------------------------------- , ) CITY of ANDOVER CITY OF ANDOVER COUNTY OF ANOKA . STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City Council of the City of Andover will hold a public hearing at 7:00 p.m., or..as soon thereafter as can be heard, on Tuesday Septembe~ 1, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover~ Minnesota to review the vacation of eas.emenf . request of Hakanson Anderson Associates, Inc. ~ovacate a portion ofa drainage and.: .. . utility easement encroached upon byan existing sinJcture owned by MJBCustom Homes,. 'located at 329 139th Avenue NW, legally described as Lot 13, Block 4, . SHADOWBROOKSECONDADDmON (pIN 36:'32-24-12-0(29). 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. ' , ;[~A~j . (/~ Victoria V olk, City Clerk Publication dates: August 21,1998 August 28, 1998 / RESIDENT 13951 HOLLY ST A.l'.......')VER, MN 55304 GORHAM BUILDERS 10732 HANSON BLVD COON RAPIDS, MN 55433 RESIDENT 333 139TH LANE ANDOVER, MN 55304 RESIDENT 398 139TH LANE ANDOVER, MN 55304 RESIDENT 382 139TH LANE ANDOVER, MN 55304 RESIDENT 358 139TH LANE ANDOVER, MN 55304 RESIDENT 302 139TH LANE ANDOVER, MN 55304 RESIDENT 317139THAVENUE ANDOVER, MN 55304 RESIDENT 329 139TH AVENUE ANDOVER, MN 55304 .\118 HOMES 5438 RIVERDALE DR ~SEY, MN 55303 RESIDENT 331 138TH LANE ANDOVER, MN 55304 WAGAMON BUILDERS 3719 NE 3RD STREET COLUMBIA HTS, MN 55421 lESIDENT ,95 138TH LANE <\NDOVER, MN 55304 RESIDENT 13883 HOLLY ST ANDOVER, MN 55304 RESIDENT 13871 HOLLY ST ANDOVER, MN 55304 , \. -_/ lESIDENT \3859 HOLLY ST \NDOVER, MN 55304 RESIDENT 13843 HOLLY ST ANDOVER, MN 55304 RESIDENT 13864 EVERGREEN ST ANDOVER, MN 55304 . " "- , / , ) . I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Se{ltember 1.1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Public Heario!!: Vacation of Easement 98-04 3922 146th Lane NW 3. Gary Robideau John Hinzman, 1" City Planner Reauest The City Council is asked to hold a public hearing to vacate a portion of a drainage and utility easement at 3922 146th Lane NW by Gary Robideau, legally described as Lot 21, Block 1, THE MEADOWS OF ROUND LAKE in order to construct a shed. Staff Review Staff is reviewing the request, more information will be provided at the meeting. Attachments . Resolution for approval . Area Location Map . Vacation of Easement Application . Notice of Public Hearing / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF GARY ROBIDEAU TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 21, BLOCK 1, THE MEADOWS OF ROUND LAKE, 3922 146TH LANE NW (pIN 29-32-24-23-0011). WHEREAS, Gary Robideau has requested to vacate a portion of a drainage and utility easement at 3922 146th Lane NW,Iegally described as Lot 21, Block 1, THE MEADOWS OF ROUND LAKE, legally described on Attachment A; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the , City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested. / . Adopted by the City Council of the City of Andover on this 1st day ofSeotember. 1998. CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor Victoria V olk, City Clerk / i: 8 :;; ~ .." ~'i w . ~i;! . Q ..-- . j .u ~ ~ .-.-- , . --.- ii~'~i .. !i 'i":..: I . t..= S s --'-J . ~!}i~ .. w ,;, 'I .. c u . 'I u .i! ..-::.:~ 0 .. h ~ i " ..... ..... '. ", '\-., - ' .<l . '. ~ f "".' ,,-.. .. .. I ..s ." <t 'J ... "]" ::: " w ~ _.~ ..J '" ~; ::l P , ":? "::'<" - . :> :>ll x:~ t'ouNO 1 1 -. ,. .&.: 1 ., r;;;. .. 1- ~~ ..I~ "'" ;:.: ~ J .-t '" . n~ ~ - ~ >'; ~J :>~ :l' ~ , i' \ - .u ;" "'- .~- ~ .. '-- .- lI"- ..~:';"'I --0 ~Q,- -.;. ~:, ~~ ~.;1 I ; :-...~ a~.1 ,.,.,..&: al'1Cl s: ; .. "P.:.l"~.__J . r:----...-.., : I..;": r~~....a: ~:~ : I JIa t .. ~ . .. ~~ c. -, :, . -i t ... i -" . .. x ./ --j - - - / ,- " CITY of ANDOVER , " .1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Property Address VACATION OP EASElmNT REQUEST PORK 3 q.9;:::J J 4/4. fA /...a. ~ ~ /I'll WI . Legal Description of Property: (Fill in whichever is appropriate): ;;2/ Block / Addi tion -rh e. .",tk.... ~J 0/ ~~ ~.Jr; PIN ~q-S~-.;q-~~ 00 It the complete lega Lot Plat Parcel (If metes and bounds, attach ----------------------------------------------------------------- Reason for Request /A/ IJv/cI <- <4~d.. L/ "4c.. jI, 5v//c:!. /;;1X/~ , / Current Zoning p-~ ----------------------------------------------------------------- Name of Applicant Gd---V-Y K.o\o~~~I".A.U Address .3C\;;t.:;t. \'-l(pT"'- Lo-,^-~ L),W, Home phone t-l;;:2 \ - LI ~ l:;L Business Phone Signature' ~1 "l -.;2g-S? 8"'~3/9V Date --------------------------------~--------------------- Property Owner (Fee Owner) 5ume (If different from above) Address Home Phone Business Phone Signature Date ------------------------------------------------------------'----- . J ", " ::;- '".,"" ". .... -.. \. CITY of ANDOVER CITY.OF ANDOVER COQNTY OF ANOKA " STATE OF MINNESOTA NOTICE OF PUBLIC HEARING " " The City Council of the City of Andover will hold a public hearing at 7:00 p.m.'-or.as soon there.after as can be heard, on Tuesday September 1, 1998 at Andover City H.all,.: 1685 ' '--.' .-'. - Crosstown ~oulevard NW ; Andovei, Minnesota to reVi~the v8cation ot easeinent '~-'. " "" ' requestofGary Robideatito vacate aportion ofa draipligearid:utility:~e~t'~oTn~~fd~a .' "" shed at 3922.146thLane NW (pIN 29-32-24-23-0011) legatly deScrib~as'Lot 21~Block""" '.: ' . 1, THE MEADOWS OFROUND LAKE. ...... . ",: ',. . All written and verbal comments will be received at that time. Aeopy of the application, will be available for review prior to the meeting at City Hall. . . ~'/Jdb Victoria V olk, City Clerk .'.... Publication dates: August 21, 1998 August 28,1998 .". '. , - '., ~ .' ," ," / 193224230004 293224230005 293224230006 HILDEBRAND DALLAS W & SUSAN M DUNN JOHN M & Y ASKO TURNER RANDY j & MARGARET M 3391 146TH LN 3979 146TH LN 3967 146TH LN -\W ~VER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 J 193224230007 303224140016 303224140015 '<OECHLER ORLAND E & JOANNE B BRUNER WAYNE E & JANEL M NEDEGAARD CONSTRUCTION 3955 146TH LN 3994 146TH LN 3982 146TH LN ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 !93224230008 303224140014 293224230014 5KILDUM JAMES Z & CYNTIllA A LANGLAIS PAUL T & ELIZABETH J STETSON JAMES A & CLARE L 3943 146TH LN 3970 146TH LN 3958 146TH LN .-\NDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 293224230009 303224140017 293224230013 \fiLLER JAMES G & MARIE E CHRISTOFFERSON MARK E & S J BAKER JIM D & MARY K 3931146THLN 14599 DAKOTA ST 3946 146TH LN -\NDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 ~93224230010 293224230012 293224230011 '-!AGEL MICHAEL J & BARBARA J KURTZ MARK A ROBIDEAU GARY D & JULIE A 3919 146TH LN 3934 146TH LN 3922146TH LN -\NDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 / 303224140018 303224140019 303224140020 "OST CHARLES A & NANCY C WORACHEK PAUL B & DEBORAH A KURILLA GORDON R & SUSAN S \4587 DAKOTA ST 14575 DAKOTA ST 14563 DAKOTA ST -\NDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 j03224140021 303224140092 303224140093 -lALEK SCOTI W & SUSAN B BETZ HANS G & ARLIS M PAXTON SCOTI E & SUSAN P '4551 DAKOTA ST 14539 DAKOTA ST 14527 DAKOTA ST -\NDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 i03224140095 303224140096 293224230015 ~ANGE JAY D & ANABEL F KA YS STEVEN L & HARRIS PAULA J OBRIGHT TODD M & TRACY K l021145THAVE 4009 145TH AVE 3997 145TH AVE \NDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 ~93224230016 293224230018 293224230019 vlURPHY PAMELA M HUNTER ROBERT C & ANNE E WOMACK JERRY E JR i987145THAVE 3963 145TH AVE 3951145THAVE \NDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 , ~9, ,320037 293224320038 293224230017 'ETERSON E R & KOLLER L A HERR KIM D & BETH A FAHEY DONALD R ;927 145TH AVE 3915145THAVE 3975 145TH AVE \NDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 CITY OF ANDOVER REQUEST FOR CITY COUNCIL ACTION \ ! DATE: Seotember 1. 1998 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Community Development ITEM NO. Train Whistle Blowing Olt~nance No. 236 David L. Carlberg Community Development Director Request The City Council is requested to approve Ordinance No. 236, An Ordinance Regulating the Blowing of Train Whistles in the City of Andover. Said ordinance prohibits the blowing of train whistles at grade controlled intersections or crossings from the hours of 10:00 p.m. to 6:00 a.m. Historv At the August 4, 1998, City Council meeting, a petition was submitted by residents living near the railroad tracks complaining of the excessive train whistle blowing during the night time " hours. The Council directed staff and the city attorney to research the laws regulating the / blowing Of train whistles, and to examine the drastic differences between the ordinances of the City of Coon Rapids and the City of St. Paul. The City Council on August 18, 1998 directed staff to prepare an ordinance regulating train whistle blowing similar to the City of St. Paul's Ordinance. Council directed the Planning and Zoning Commission to review the draft of said ordinance prior to it being brought back to them on September 1, 1998. PIannin~ and Zoninl! Commission Review The Planning and Zoning Commission reviewed Ordinance No. 236 at their August 25, 1998 meeting and made minor changes to the ordinance. The Commission generally agreed with the ordinance. The Commission did recommend the Council approach Burlington Northern in a cooperative manner prior to the ordinance becoming effective. Back~round Attached are the following documents to serve as background information on this item: St. Paul Ordinance Coon Rapids Ordinance '- Legal Opinion - William G. Hawkins, City Attorney \ , j Page Two Ordinance No. 236, Train Whistles City Council Meeting September 1, 1998. Petition "Excessive Whistle Blowing" Letters from Steve Feldman August 4, 1998 City Council Minutes Environmental Impact Assessment - Federal Railroad Admin. (FRA) Minnesota Statute 219.567 " / , .., / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 236 AN ORDINANCE REGULATING TIlE BLOWING OF RAILROAD LOCOMOTIVE HORNS OR WHISTLES IN TIlE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: SECTION 1. STATEMENT OF LEGISLATIVE FINDING. INTENT AND PURPOSE. The City Council finds that the sounding of railroad locomotive horns or whistles at grade controlled intersections throughout the City has created an atmosphere that is conducive neither to the quiet enjoyment of property nor to the peace and dignity of the City. For the purposes of protecting and promoting the safety, welfare and convenience of the public, and the safety, welfare and convenience of the railroad employees operating trains in the City, and in conformance with Minnesota Statute 219.567, the City Council finds it necessary to establish the following noise regulation pertaining to railroad locomotive whistles or horns. J SECTION 2. SOUNDING OF WHISTLES OR HORNS. No person shall sound or blow any whistle or horn of any locomotive within the City of Andover from the hours of 10:00 p.m. to 6:00 a.m., except at the uncontrolled intersection of Ward Lake Drive NW, and as a warning of imminent and immediate danger to life or property. The sounding of any locomotive whistle or horn shall be prima facia evidence that it was sounded by the engineer operating the locomotive. SECTION 3. PENAL TV. Any person who violates this Ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished according to prevailing State Laws. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force upon its passage, approval and ! publication as required by law. , j " / Page Two Ordinance No. 236 Adopted by the City Council ofthe City of Andover this 1 stday of September. 1998. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria V olk, City Clerk JUL-27-1998 11:33 ItfLIpr<-fJ'- ,-5]- 4~ P.02/133 , \.0' OrdiDaIlccH , ) I"M~ 1 ~sentedBy /~. ORDINANCE CITY OF SAINT PA Gm:n Sheet t# &0 ~ c; 7 ;ferrcd To COmmittee Date: An ordinance amending Sai't Pacl1.egislative Code Chapter 293 providing for the regulation ofmilroad locomotive wbistIes at grade crossings in the City. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section] That Saint Paul Legislative Code Chapter 293 be amended by adding the following new subdivision: Sel!.. ~~3.n4 1 , , /' Railroad loenmotives. lIoundin~ whi!ltle~ (a J Statement nflevislative findin.g intent and nU'1)n.re The eouncil find!': that the soundini.cifrailroad locomotive whistles at e-rade ero'lsint!s is on the increase The increased use of railroad locomotive whistles at ~de crossin~s throughout the city and e!;peCilllly in residential nei~hborhoods near railroad ~de cTOssings has created an atmo!iJ)herethat is conducive neither to the Quiet en;ovment ofprQpertv nor to the peace and dilmitv of the titv For the pumoses of protecting and promotin~ the safety. welfare and convenience of the public. and the safe~. welfare and convenience ofthe railroad employees cweratinw locomotives in the ci~. and in conformance with MInn. Stat ~ 219 567. the council finds it necessarv to establish the following nnise TeiUlation pc:rtainine to railroad locomotive whistles. ~,4 /. . .' --j:l!7 M /.:.f?" q'&,lp,,_/ t1VJ/.L/ C:,.. )'"'/~ . '. , / '. ./A!i}" , ~~\ \ . V' . ,-::) .' t1. ') ". JlL-2'7-1998 11:33 P.03/e3 I in unnece.'1.'1m-r1V SOU1'lLlt"v Wnt.nles. No ~n shall sound or hlow MlY whistle of' '11lX , tocromotive within the citY limits. exc~ as a wmnina of imminent and immedi:-~ d~~;~~ life t or propl!11y Th,. 'lonnrlini or any locomotive wbiftle shall be prima facie evidence that it w:u sounded bv the eneineer operatin1 the locomotive " J Section 2 That this ordinaoc:e shall take effect thirty (30) days after its passage, approval and publication. ~\\~v\ " \ ) ca. ~ nil ~~.V' u:~ ~_ ~~oa l-.:1 rr~. "cry IC.~ Requ.."aol by Pep.~~ al!. By: ~t.d by Counc.U: Pate ~tion Certified by ~ouncil S.cretary Po,""" ~ ~ c:i~y Att"=ey by: "/4/~ - ~p",...,.4 by Kayor to~ ~.d<m l:O CO\IZld.l By: '.ova4 by 1U~:r:: Pilte \ i. ,~ ,/ TOTAL P. 03 SENT BY:City of Coon Rapids 7-27-98 16:15 7676573~755 6923 :# 2 \ j 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 paOT STUDY PREAMBLE: A. Burlington Northern Sante Fe Railroad ("BNSF") owns. operates and maintains raiIro tracks within tho 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. C. In order to maintain the peace, comfort, repose of the Citizens of the City, the City de es to eliminate the sounding or blowing of railroad locomotive horns and whistles at all 0 most of the grade crossings in the City. D. Public Law 103-440, Section 302, (subchaptcrII ofChaptcr 201 of Title 49, United States Code) requires the United States Secretaty of Transportation to prescribe regulationa requiring locomotive horns to be sounded as trains approach and enter pub ic hig~ - rail grade crossings. .'~~ Said Law further provides that the Secretary of Transportation may except certain crossings from the horn sounding 01' whistle blowing requirement if. in the judgment the Secretary. supplementary safety measures at those crossings fully cOInpensate for e absence of the warning provided by a locomotive horn or whistle. " -) E. F. The City and BNSF are jointly requesting the United States Department of Transportation, Federal Railroad Administration, ("FRA") to approve a Pilot Study to detennine the effcctiveness of the proposes supplimentary safety measures at three gr e crossings in the City, namely: 121st Avenue, Northdale Boulevard, and ~e northeast! 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 portion.s of the Pilot Study will be necessary. Now, therefore, the City of Coon Rapid. does ordain: Section 1. No railroad locomotive enBineer. or other railroad employee, or railroad company may sound or blow or permit the sounding or blowing, of a railroad locomotive ho or , ., )whistle at the Study Crossings in the City of Coon Rapids during such timc or times as a F SENT BY:City of Coon Rapids 7-27-98 16:16 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 hom or whistle at a Study Cross' g during the portion or portions of the Pilot Study when such horn or whistle are to be eliminate shall be primajacfe 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. Sectlon 5. This ordinance shall become effective at such date as is set out in the appro ed Pilot Study program for the tempollll"Y elimination oithe locomotive horns or whistles or irn ) such date ~9 established in the program. a date mutually agreed to by the City and the railroad. 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 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 mota that locomotive horns or whistles are not heing sounded or blown. Section 7. This ordinance shall expire and be null and void from and after the earliest f the following: (a) the Pilot Study program is mutually discontinued by the City and BNSF fa safety or other jUlltifiabIe reason9. or (b) the portion or of the PRA approved Pilot Study program requiring the temporary elimination of the sounding or blowing of locomotive horns or whistles at e " Study Crossings has been completed, or / SENT BY:City of Coon Rapids 7-27-98 16:16 7676573-+755 8923 , , \~_ .J (0) January 1,2001. Introduced this ~ day of. , 1998. Adopted this dAy of , 1998. William F. Thompson, Mayor ATTEST: Betty Backes, CMC, City Clerk I / , ) :# 4 08/13/98 12:55 LAW OFFICES 2140 4TH ~UE ~ 755 8923 NO. 303 002 LAw Oma:s OF \ William G. Hawkins and Associates '. ) W1LL~ O. ~wl<1NS BARRY A. SUU.1VA,."" u~al Ass/staff' T:\.",MI J. UVEOES 2140 FOURTH AvENUE NORlH ANOKA, MINNESOTA 55303 PHONE (6IZ) 4Z7-l5877 FAX. (612) 421-4213 August 13. 1998 The Honorable J.E. McKelvey and Andover City Council Members City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 'Ka: .-. Pi i-an=' W;...r.;tle C..",i;",;':;:;;~ ~.. .:- :.........--. , /' Dear Mayor McKelvey and Council Members: You have asked us for an opinion regarding the ability of the City to regulate train whistles through adoption of a restrictive ordinance. We have reviewed applicable state and federal IlIw ~nd consulted with the Lellgue of Minnesota Cities, the City of Coon Rapids and the City of St. Paul. In summary, we believe this is an unsettled area of law and that the City of Andover has three options: First, the City ,could take the Coon Rapids approach which is to presume that municipal regulation is preempted by federal law and attempt to obtain an exemption from the Federal Railway Administration (FAA) to allow for local regullltions. Second, Andover could take the approach used by the City of St. Paul which is to conclude that local regulation has not yet been preempted by federal law and adopt a restrictive ordinance at this tima. Third. the City could adopt a wait-and-see approach .and delay regulation pending federal legislation. Abatement. Under Minnesota law, municipalities have the express authority to define. declare and abate nuisances. Minn. Stat. ~ 412.221, Subd. 23. Under Subd. 24 of that statute. municipalities also have the authority to regulate and prevent noise or other disorder. Finally, under Subd. 32 of that statute, municipalities have the power to provide for the promotion of health. safety, order, convenience and general welfare of citizens. The Council could decide, after review, that an excessive and unnecessary use of train whistles and horns may constitute a nuisance or other inconvenience subject to prevention and regulation. Minnesota Railroad Statute. The Minnesota Legislature has enacted extensive legislation regulating railroads in the State. These laws are found in Minn. Stat. Chap. 219. Seetic., 219.567 deals with the issue of bells and whistles by trains. This statute reouirl!S an engineer to ring a bell or whistle at every railway-road crossing and to continue sounding the whistle until the train has completely crossed the street. The failure of the engineer to ring the bell or whistle Is a misdemeanor crime. However, this statute expre:ssly excludes cities. , / 08/13/98 12:55 LAW OFFICES 2140 4TH AVE -+ 755 8923 NO. 303 003 \ - -~) Mayor McKelvey and Council Members August 13, 1998 Page Two , ) Consequently, it is not a crime for an engineer to fail to ring a bell or whistle at a railway.highway crossing in a city. The courts have upheld this interpretation of the statute. Peterson v. Burlington Northern Railroad Company, 399 N. W.2d 175 (Minn. cr. App. t S87); and Larson v. Lowden, 282 N. VII. 669 (Minn. 1 S3lJ). Federal law. The United States Congress enacted legislation in 1994 regulating audible train warnings at highway-railgrade crossings. This is k.nown as the Swift Act. 49 U.S.C. 20153. The Swift Act directs the Secretary of Transportation to prescribe nationwide regulations . requiring traIns to sound the whistles or horns while approaching and entering any public highway-railgrade crossing. The Swift Act provided for exceptions to this train whistle requirement by allowin9 the ~'..;cfeti'rv cf TranSDl1rtatinn _ to sp~!'it.t. In thesl~ reoulations. !;IJch . SIJt'::J.;:.~i!';:\tal. - '. ~~fe:-t..~~?-~j'~;g::- ...if;;6\ ir..-::.~ ~i:applied.. to. tf...e .. ~!~h-W~\j~~2ijgiaae-: er(\~sjr)!.! ~ ~hic.i'C:~.., will safely compensate for the absence of train whistles. The application for a waiver or exemption must be submlned Jointly by the effected railroad and the effected local lavel of government. Under the Swift Act, any feder211 regul21tions adOPted shall not take effect until ~65 days following the enactment of the final rule. As of this time, the FRA has not adOPted any federal regulations. Further, the Department of Transportation has been in the process of reviewing the proposed regulation. The DOT has decided to complete an environmental impact statement regarding the proposed regulation. Notice of the proposed environmental impact statement was given only in May of 1999. Consequently, the federal regulations in this field are many months if not years in the future. It is clear that the Congress intends to preempt local regulation in this area. Where the federal government regulates a particular field of activity to such an extent that the federal regulation .covers the field- local legisletion is preempted. Le., local levels of government may not adopt regulations which would place additional burdens or additional regulation of the activity in c;uestion. However. because the regulations have not yet been adopted, the door is at least open for local regulation at this time. Federal regulation will ultimately preempt any local ordinance. The St. Paul Model. The City of St. Paul took the position that federal legislation had not preempted local authority and adopted an ordinance prOhibiting the unnecessary sounding of train horns and whistles. There are five railroads operating in the City of St. Paul and all but one indicated a willingness to abide by local ordinance. Consequently, the ordinance has had some positive effect and reduced the use of train whistles. There are three drawbacks to the St. Paul method. ' First. importantly. is a very difficult ordinance to enforce. To obtain a criminal conviction. the city would need to be able to submit evIdence proving the Identity of ths train, the identity of the engineer, the time and the location of the Incident and further prove that the sounding of the whistle was done unnecessarily. Second, trains sound their , J 08/13/98 12:55 LAW OFFICES 2140 4TH AVE ~ 755 8923 NO. 303 004 , ,) Mayor McKelvey and Council Members August 13. 1998 Page Three , ) whistles in order to avoid danger and the liability associated with lawsuits that inevitably follow train accidents. By attempting to restrict the use of whistles, the city may be subjecting itself to liability for such claims. Third, the Swift Act contemplates that railroads and local government will act jointly to upgrade rail croSsings and eliminate the need for whistles. By adopting a restrictive ordinance now, the city risks alienating the effected railroad. The Coon Rapids Model. The City of Coon Rapids has taken a position that federal legislation has preempted the abiUty of local "government to regulate train whistles. The city has been involved in a five year program to attempt to work jointly with the railroads and make appUcatlon to the Department of Transportation for an exemption, This ,",roo required substantial tr~ffl.c litudy and construction costs reiauoo tv L....~e Up~fciui"I\i' u. it.~'- pu"'Li'=-iJ!~f 'i;~u:~i::;~:i."';Ti1e 'C;tt.?:~(:~:-}U1\.R:.;:~.:hi:iS~~:-. . re\:,eived little .f any funding assistanc~ from otner ':'JUfCeS al'':: hi;:: " .spC=i'fC thousands of dollars to date. The city has been working with Burlington Northern in a pilot program which is testing and studying the upgrades and contemplating future action. The drawbacks with the Coon Rapids approach seems to be as follows; First. the city is conceding that it does not have the authority to regulate in this area. Second. there is no immediate relief from the use of whistles. Third, the city has borne' the entire financial burden of upgrading intersections and crossings in anticipation of federal regulation. The ultimate federal regulations mayor may not be consistent with the approach taken by the City of Coon Rapids at this time. Nonetheless, the City of Coon Allpids has been working jointly llnd cooperatively with the railroad and the FRA and is clearly seeking a long term solution. Recommendations. Option A; St. Paul Model. If the Council decides to en"act an ordinance at this time, then it is our recommendation that tho City conduct a substantial review of this issue including an engineering. traffic study and neighborhood impact study. Public hearings should be held at the Planning and Zoning Commission level to invite input from concerned parties. Importantly, the City should solicit and involve the participation of the railroad In this process. Without the cooperation of the railroads. our ability to enforce this ordinance will be extremely difficult. This ordinance should be seen as a temporary solution that will eventually be preempted by federal regulation. Option B: Coon RapidS MOdel. If the Council wishes to pursue a long term solution then the City should follOw the Coon Rapids model. This would involve actively working with the Federal Railroad Administration, the County and the railroad. In effect, the City would be making application now to the FRA for an exemption from future regulations by making a joint application at this time. This would involve an extensive study of tl'le railway crossings in the City and \ j 38/13/98 12:55 u:loJ CFFlCES 2140 4TH AI...E -+ 75S EI923 1'1).303 005 . ) Mayor McKelvey and Council Members August 13. 1998 Page Four potentially expensive upgrades at each crossing. The timeline for this process could be months if not years and may have to- be reviewed when the ultimate federal regulatlons come Into effect. A third option the City Council could follow Is take a wait-and-see attitude and await the adoption of federal regulations. If any Council Member has questions regarding this matter. please contact me; Wilrlam G. HawKins WGH/tju " , / ) , "Excessive Whistle Blowing" , ) Si ) /~ ,~\(;.:~*~ ~~~..) - ~------.. Ke-l'^1 'N e,bGl- ~ -.J C \ 2/25/98 J 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 fannland, 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 847-141st 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. \ '. ) , 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, , j 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 get tfiem 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 workino tooether. Respectfully, Steven Feldman 847-14151 Ave. NW Andover, MN 55304 ," P.S. Enclosed is the list of 50 signatures. J / , ) Regular Andover City Council ,\leeting Minutes - A ugust -I, 1998 Page 9 TRAIN WHISTLE BLOWING ORDINANCE Steve Feldman. 847 141 st Avenue NW - read a copy ofa letter dated July 24, 1998,he sent to the Engineer of Public Works for the Burlington Northern/Santa Fe Railroad Company relating to excessive whistle blowing in the early morning hours and possible solutions to the problem. He also.. recalled several instances of blatant disregard to the residents and of their whistle blowing policies by the train engineers, the types and amount of whistle blowing by the various trains in the early mornings, and the frustration of the residents because of it. He was told the whistle blowing at intersections were to be two long and two short blasts. The residents are asking the Council to enact an ordinance that there would be no whistle blowing in the Andover City limits between 2 a.m. to 6 a.m. seven days a week except for life threatening situations. \\-'bile they understand the railroad tracks were there before the residents, the area has now changed considerably; and they believe there can be a solution to the issue. He referenced similar ordinances of other cities, including St. Paul and MiIUleapolis. The railroads like to run trains at night because there is less traffic. Then why do they blow the whistles like they do? They can't even open their ""indows in the summer because of the whistle blowing. He received 50 signatures on a petition for an ordinance, plus 30 more after he turned in the petition, plus he could have gotten a lot more. Now it is time for the City to act to / stop the. excessive late night abusive whistle blowing. (Mayor McKelvey left the meeting at this time: 9:30 p.m. Acting Mayor Knight chaired the remainder of the meeting.) Mr. Carlberg stated Staffhas provided a copy of the temporary ordinances enacted by the Cities of St. Paul and Coon Rapids. The question StatT is still researching is why St. Paul enacted an ordinance involving state law, but Coon Rapids is doing something ""ith federal law, which has taken five years. Further research is needed. Mr. Feldman - asked if Andover could enact a temporary ordinance tonight to get the process started. Attorney Hawkins stated he would like to research the matter further by contacting the legal counsels of both cities. He could have more information for the next Council meeting. The Council agreed to table the item until the August 18 meeting when more information can be presented. AMEND ANDOVER COMPREHENSIVE PLANILAND USE PLAN - OS AND RU TO P/SECTION 22/CITY OF ANDOVER Mr. Carlberg explained the amendments to the Comprehensive Plan to better define land uses for the Andover City Hall area and the Oak View Middle School area. , \ '_J Motionby OrtteL Seconded by Kunza. the Resolution as presented. (Resolution R 161-98 amending the Comprehensive Land Use Plan from RU to P at Oak View Middle School and from OS to P at the City Hall). Motion carried on a 4- Yes, I-Absent (McKelvey) vote. USDOT:FRA:Regs:EIS:Locomotive Horns Use at Gr... Page 2 of5 , l _, nVlronmenta mpact ssessment ,',~ A of the -. .~ Proposed National Regulation for the ., , Use of Locomotive Horns at Grade Crossings '" (4910-06-P) DEP ARTMENT OF TRANSPORTATION Federal Railroad Administration ENVIRONMENTAL IMP ACT STATEMENT: FRA REGULA nON OF THE USE OF LOCOMOTIVE HORNS AT HIGHWAY -RAIL GRADE CROSSINGS NATIONWIDE (FRA DOCKET NO. RSGC-7) AGENCY: FEDERAL RAILROAD ADMINISTRATION (FRA), DEPARTMENT OF TRANSPORTATION (DOT). ACTION: Notice ofIntent. SUMMARY: FRA is issuing this notice to advise the public that an environmental impact statement (EIS) will be prepared for the proposed regulation covering the sounding of locomotive horns at highway-rail grade crossings and to solicit input into the development of the scope of that EIS. FOR FURTHER INFORMATION CONTACT: Regarding the environmental review contact David Valenstein, Environmental Specialist, Office of Railroad Development, Federal Railroad Administration (RDV 13),400 Seventh Street, SW (Mail Stop 20), Washington, D.C. 20590, (telephone 202632-3268). For information regarding the rule making process contact Bruce F. George, Staff Director, Highway Rail Crossing and Trespasser Programs, Office of Safety, FRA, 400 Seventh Street, SW (Mail Stop 25), Washington, D.C. 20590 (telephone 202 632-3312), or Mark H. Tessler, Office of Chief Counsel, FRA, 400 Seventh Street, SW (Mail Stop 10), Washington, D.C. 20590 (telephone 202632-3171). SUPPLEMENTAL INFORMATION: , BACKGROUND: The Swift Rail Development Act (Pub. L. 103-440, November 2, 1994) added Section 20153 to title 49, United States Code. That section directs the Secretary of Transportation (delegated to the Federal Railroad Administrator) to prescribe regulations requiring that a locomotive horn be sounded while each train is approaching and entering upon each public highway-rail grade crossing. In addition, 49 U.S.C. 20153 provides FRA the authority to except from this requirement, categories of rail operations or categories of grade crossings that: 1) are determined not to present significant risk with respect to loss of life or serious personal injury; 2) for which the use of a locomotive horn is impractical; or 3) for which supplementary safety measures fully compensate for the absence of the warning provided by the locomotive horn. j The sounding of locomotive horns at highway-rail grade crossings is recognized by FRA and the railroad industry as contributing to railroad http://www.fra.dot.gov/s/regs/eis/horns/notice.htm 8/4/98 VSDOT:FRA:Regs:EIS:Locomotive Horns Vse at Gr... Page 3 of5 \ , I and highway safety. Studies conducted by FRA of circumstances where . the sounding of horns had been restricted in eastern Florida (so-called "whistle bans") have indicated an increased incidence of collisions involving trains and highway users where locomotive horns were not sounded. Although the sounding of locomotive horns at highway-rail grade crossings is the normal practice at most of the 162,000 public grade crossings in the V.S., FRA is aware of approximately 2,200 crossings in 200 communities where locomotive horns are not routinely sounded. In preparing for the rulemaking process required by 49 V.S.C. 20153, FRA established a public docket to enable local officials and citizens to offer their insight into the issues surrounding whistle bans and to comment on how FRA might best implement 49 V.S.C. 20153, FRA also undertook extensive research into locomotive horns and their relationship to grade crossing safety through the Department of Transportation's John A. Volpe National Transportation Systems Center. Some of the comments offered by the public expressed concerns that any regulation requiring the sounding of locomotive horns could create adverse environmental impacts in the form of significantly higher community noise levels in the vicinity of those highway-rail grade crossings where horns are presently not sounded. Based upon a review of these comments, and ongoing research, FRA has concluded that the promulgation of the regulation required by 49 V.S.C. 20153 is a major Federal action as this term is used in section 102(c) of the National Environmental Policy Act of 1969 (NEP A) (42 V.S.C. 4321 et seq.) As a consequence, FRA is initiating the preparation of an EIS as required under NEPA and the regulations of the President's Council on Environmental Quality implementing NEPA (40 C.F.R. S 1502). AL TERNA TIVES: FRA currently plans to analyze two alternatives in this environmental review, the proposed action and the "no-action" alternative. The proposed action is to comply with the statutory mandate and issue a regulation requiring the sounding of locomotive horns at every public highway-rail grade crossing in the V.S., including those where locomotive horns are presently not sounded. Such a rule would effectively preempt any State or local law or regulation to the contrary. The regulation encompassed in the proposed action would also identify a number of measures which the States and communities can undertake to provide improved safety at public highway-rail grade crossings. In such situations regular sounding of railroad horns would then become unnecessary from a safety perspective and could cease. The regulation would also establish a procedure for consideration by FRA of proposals by States, communities or other interested persons for approval of new supplementary safety measures that would permit designation of a quiet zone. The environmental impacts of requiring the sounding of locomotive horns at public highway-rail crossings where the horns are not presently sounded and a consideration of the environmental impacts associated with the implementation of supplementary safety measures would be a part of the proposed action analysis. The no-action alternative would involve maintenance of the status quo with respect to the sounding of locomotive horns. This would require alternative amendments to existing legislation. \ /1 l AREAS OF SIGNIFICANT ENVIRONMENTAL CONCERN: http://www.fra.dot.gov/s/regs/eis/horns/notice.htm 8/4/98 USDOT:FRA:Regs:EIS:Locomotive Horns Use at Gr... Page 4 of5 '. FRA's review of the current practice of sounding locomotive horns at highway-rail grade crossings and the comments received thus far in the public docket of this rulemaking have identified two primary areas of environmental concern associated with the proposed regulation, noise (and related impacts) and safety. SCOPING AND COMMENTS: FRA encourages broad participation in the EIS process during scoping and review of the resulting environmental documentation. Comments and suggestions are invited from all interested agencies and the public at large to insure the full range of issues related to the proposed action and all reasonable alternatives are addressed and all significant issues are identified. In particular, FRA is interested in determining whether there are any other reasonable alternatives consistent with the provisions of 49 U.S.C. 20153 and whether there are other areas of environmental concern where there might be the potential for significant impacts, either adverse or favorable, as a result of promulgating the proposed rule. Due to the national scope of the proposed regulation, FRA does not plan to hold public scoping meetings. Notices soliciting comments have been and will be sent to appropriate Federal, State, and local agencies, private organizations and citizens who have expressed an interest in this rulemaking and made available to the media in areas that have been identified to date as currently subject to whistle bans or where whistle bans have been preempted by FRA order. Persons interested in providing comments on the scope of this environmental document should do so by August 7, 1998. Comments can be sent in writing to Mr. David Valenstein at the address identified above. Comments can also be sent via the Internet at: / " / FRAE 15(ii fra.dot.gov , THE REMAINING ENVIRONMENTAL REVIEW PROCESS: Comments received on the scope and methodology to be used in preparation of the EIS will be reviewed by FRA to develop the final scope of the environmental review. A summary of the comments received will be provided to agencies and members of the public expressing an interest in this environmental review. FRA and its consultants will then undertake preparation of a draft EIS which will be made available to the public for comment. This is presently scheduled for the late fall 1998. It is FRA's intention that the comment period for the draft EIS will occur during the comment period associated with the proposed rule so that interested agencies and the public can combine their comments and that the environmental issues can be fully considered as FRA develops the final rule, After reviewing comments on the draft EIS, FRA will prepare a final EIS that addresses these comments and incorporates any additional analyses and material deemed necessary. The final EIS will be made available for public review for not less than 30 days before FRA takes any final action on the proposed rule. INTERNET: This notice and all subsequent documents prepared as part of this environmental review will be available in the environmental pages of the FRA internet website, located at: http://www.fra.dot.gov Issued in Washington, D.C. on: May 15, 1998 / http://www.fra.dot.gov/s/regs/eis/horns/notice.htm 8/4/98 .' ) the slate. The court all award the prevai[- ai[road to require or feet in length, exclu- ; or electric incinera- atforms, guard rails, Jse cars; and (5; are be used in the doors n placed in selVice, . supplied by a water required equipment nove in selVice, the ,i[ure is corrected at lboose cars built or :ture constructed of st also be equipped 'ass in all doors and equired by section si~' ~(nags, lamps, '. / lc49sl;197Ic. . rm. or corporation rs used during the lepower to render , motor car a track dlepower as to be ~lVisor in any sec- must be equipped nably prolect the 1 anyone year to mg a railroad and violation of this '6 c 444 lse and used by a Jd supplies must "- . .)Je seated; "nt; and supplies, so s, equipment, or 24 -, RAILROADS 219.57 (5) toilet facilities if the motor vehicle is used to transport more than nine employees to and from headquarters. Subd, la. Exception for emergency. For an emergency arising from common disaster or adverse weather such as flooding, washout, excessive snow or icing, or derailment or de- fect in track requiring prompt repair, motor vehicles which do not meet the standards in sub- division [ may be used only during the emergency, Subd. 2. [Repealed, [975 c 282 s 2] Subd.3. Dispute. Should a dispute arise as to the adequacy of the facilities provided for in subdivision [,it may be submitted for final detennination to the board after notice of the hearing to affected parties. Subd. 4. Penalty. A railroad company, or its officer or agent, violating this section is guilty of a misdemeanor. History: 1973 c 64 s 1-4; 1975 c 282 s I; 1976 c 166 s 47; 1980 c534 s 46; 1985 c 165 art 4 s 1 219.565 ENGINEERS WHO CANNOT READ. An officer of a corporation is guilty of a gross misdemeanor if that officer knowingly employs. as an engineer or engine driver to run locomotives or trains on a railway, a person who cannot read the timetables and ordinary handwriting. . Also. a person is guilty of a gross misdemeanor if that person is unable to read the time- tables of the road and ordinary handwriting and acts as an engineer or runs a locomotive or tram on a railway, History: (/016/J RL s 4999; 1985 c 165 art 4 s 1 j " 219.566 INTOXICATION OF EMPLOYEES ON TRAINS OR BOATS. Every pason ( I) employed upon a railway as engmeer, conductor. baggage master. brake tender. SWItch tender. tire tender. bndge tender. tlagger, or signaler; (2) having charge of stations. starting. regulating. or runDlng trains upon a railway; or (3) employed as captain, engineer. or other officer of a vessel propelled by steam. who is intoxicated while discharging those duties. is guilty of a gross misdemeanor, History: (10161) RL s 5000; 1985 c 165 art 4 s 1 ~19'567 FAILURE TO RING BELL. An engineer driving a locomotive on a railway who fails (1) to ring the bell or sound the whistle on the locomotive, or have it rung or sounded; at least 80 rods from a place where the I\L\, railway crosses a traveled road or street on the same level. except in cities. or (2) to continue ~;' ringing the bell or sounding the whistle at intelVals until the locomotive and attached train ( have completely crossed the road or street, is guilty of a misdemeanor. \... History: (10163) RL s 500/; 1985 c 165 art 4 s / 219.568 OTHER VIOLATIONS OF DUTY. An engineer. conductor, brake tender, switch tender, train dispatcher, or other officer, agent, or servant of a railway company, who is guilty of a willful violation or omission of duty as an otlicer. agent. or servant, by which human life or safety is endangered and for 'which no punishment is specially prescribed, is guilty of a misdemeanor. History: (/0164) RL s 5001; 1985 c 265 art 4 s 1 219.57 PREVENTION OF FIRE. Subdivision 1. Spark arrester. A company operating a railroad shall use upon each lo- comotive engine a good and efficient spark arrester. which the master mechanic shall have examined each time before leaving the roundhouse, The master mechanic and the employee making the examination are responsible for the good condition of the spark arrester. Howev- er. the company is not relieved from its responsibility under this section. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION "- ) DATE: September 1, 1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson,~ Engineering ITEM NO. D, Response to Ashford Letter Regarding Drainage Issue On August 4, 1998, a letter (referred to as the STS letter) was submitted to the City of Andover from Ashford Development. The letter (See Attached) relates to Hamilton Square's on-site ponding and drainage, The letter was developed by Mr. James Overtoom of STS Consultants for Ashford Development. I have had the opportunity to review, and thoroughly discuss the letter with the watershed's engineer, the City's design engineer from McCombs, Frank, Roos, the Hamilton's design engineer from Louckes and Associates and with Mr. James Overtoom of STS Consultants. The research conducted has yielded no issue which would adversely affect the Health, Safety and Welfare of the Citizens of Andover. This has been collaborated by the aforementioned engineers and agencies, including the author, Mr. James Overtoom of STS Consultants. j Having had a chance to discuss the points with Mr, Overtoom and provide him with the necessary information on the sites, he has verbally indicated that the issues he had alluded to in his letter do not merit further action. Based upon this review, it is recommended that no further action or investigation of the context of the STS letter is warranted and the previously approved stormwater options for the Hamilton Square development are not affected, If the Council wishes to further discuss any item or items presented by Ashford Development, a separate meeting should be scheduled or the necessary time allotted at the next City Council meeting. , j .~I STS Consultants, Ltd. Solutions through Science & Engineering ~\ , / July 23, 1998 ,- ~. ." RECEIVED .. .. , lIS 4. . .> .f CITY OF ANDOVER Mr. Jerry Windschitl Ashford Development Company 3640 - 152nd Avenue NW Andover,.1viN 55303 Re: Chesterton Commons Block 6, Lots 5 through 8 and Hamilton Square NURP Pond Interaction; STS Project 96596-A Dear Mr. Windschitl: As requested by you on June 24, 1998, we have revie\ved the plans and as-built dra\vings (survey) provided by Hakanson Anderson Associates, Inc. (Development Plan, Chesterton Commons, .tu1dover, Minnesota dated 10-30-97) and the plans by Loucks & Associates, Inc. (Preliminary Grading Drainage and Erosion Control Plan dated Revision 7-2-97) as well as the letter from Hakanson Anderson Associates, Inc. dated May 19, 1998 addressed to you. We agree , with Hakanson .tu1derson's appraisal that if the 100 year four day flood elevation within the ) i'1'1JRP pond exceeds the existing berm elevation benveen the NURP pond and Lots 6 through 9 of the Chesterton Commons development, flooding \',ill occur. Therefore, it would be necessary to raise the berm to a greater elevation. Assuming earthwork operations were to occur only on the Hamilton Square side of the property line, maintaining 3 horizontal to 1 vertical side slopes to achieve a crest elevation of 90 1.8 feet, a reduction in pond volume \..ill occur. In addition, because of the anticipated geometry of the berm, at the anticipated ma'Cimurll flood elevation of 900.0 feet and an elevation 898.8 feet for the ground surface at the southwest comer of Lot 7, Block .6, L.1.C maxiillili-n length of f1o.w' path for ,:.va~er to seep through the beml frolTI the flood elevation would be on the order of 9 to 10 feet. The time for this seepage to penetrate from the NURP pond to the north face of the berm, assmning the hydraulic conductivity for the sand of 2xl 0--' feet/minute is approximately one day (24 hours). If this seepage were to penetrate through, it is likely that piping and erosion of the north face of the berm could occur increasing flow rates and possibly causing a piping/erosion failure of the berm and allowing flooding of the lots adjacent to the 1'<1JRP pond. To alleviate this potential, all increased width of the crest height of the berm, and less pervious material \Vithin the berm is recommended. This will further decrease the pond volume and increase the flood level for ali storm events. Within Block 6, Lot 6, the highest historic groundwater level was estimated at 893 feet, with the \ lowest floor elevation for the house basement set at 896 feet. The water !evel within the NURP .J pond on June 24, 1998 was approximately elevation 890,0 feet. Tne normal water level for the pond is designated at 895 feet although the outlet structure to control the water level is set at ~l . ; \, , / Ashford Development Company STS Project 96596-A July 23, 1998 Page 2 897.02 feet according to the "as-built" drawings provided by Hakanson Anderson. A normal water level of 897.02 feet within the pond will have a long-term effect on the groundwater levels within the area of the pond, and may affect the groundwater table below the adjacent residences adversely. Such an effect would likely only occur during extended precipitation cycles, when the "highest historic water level" without development would have been reached, and additional artificial recharge through seepage from the NURP pond would be sustained for periods of several days to several weeks above the normal water level. According to the Loucks design drawings, the ten year pond water elevation is 898.7 feet, two feet above the normal water level. If the normal water level in actuality is 897.02 feet, the ten year storm would raise the water level to higher than 899.5 feet. If the 899.5 foot elevation were sustained for a period of 30 days or more, the volume of water migrating laterally and seeping through the soils towards the residential development could raise the water table near the residences by slightly in excess of one foot. Greater fluctuation is likely if the dike benveen the j\.TURP pond and these residences is breached and the backyards flood. )n addition to the concerns for the residences north of the N'URP pond, we noted that the design ' catch basin and street elevations at Bluebird Street and CrosstO\\TI Boulevard are 899.5 feet for CB-2 and CB-7 (Loucks Drawing C4-1). The actual as-built elevations as per Ha.l;:anson- Anderson survey are 899.13 feet and 899.16 feet, respectively. Based on the as-built overflow inlet elevation of the skimmer manhole (elevation 900,57), a significant portion of Bluebird Street and Crosstov,n Boulevard will be flooded before storm water enters this control structure. Flood water will also flow to the south over Crosstov,n Boulevard onto the residential development to the south. Additional ponding is necessary to prevent this flooding of the streets. Other drainage options to carry water to the south may also be considered. If you have any questions about this letter, please do not hesitate to contact us. Very truly yours, STS CONSULTAt"lTS, LTD. ~~~~? James H. Overtoom, P.E, Vice President 'HO/dn 6c: Hakanson-Anderson, Inc., Pete Raatikka C696AOO 1. DOC \, '" ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 August 10, 1998 Mr. Jeff Shopek Loucks & Associates, inc. 7200 Hemlock Lane Suite 300 Maple Grove, MN 55369-5592 Subject: STS Consultants Report Dated July 23, 1998, submitted by Jerry Windschitl of Ashford Development Corporation Dear Mr. Shopek: , / The above noted report (See Attachment) provided by Mr. James H. Overtoorn of STS Consultants/Jerry Windschitl of Ashford Development Corp. indicates concern with your design as it relates to the Hamilton Square Development within the City of Andover. As it appears this report essentially questions various parts of your design I am forwarding this to you for your review and comment. Once you have had a chance to review this report I would like to further discuss this item with you at your earliest convenience, You can contact me at 767- 5130. Sincerely, Qif5~ Scott B. Erickson, P.E. City Engineer cc: Tim Kelly - Coon Creek Water shed Jeff Elliott - MFRA Dan Fabian - TKDA Gordon Jensen - Jensen and Swanson PA Richard Fursman - City of Andover Ed & Lora Hamilton Jerry Windschitl - Ashford Development Corp. Ed Matthiesen - Montgomery Watson " ./ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: SePtember 1. 1998 AGENDA SECTION Discussion Item, Cont. ORIGINATING DEPARTMENT Planning ITEM NO. Comprehensive Plan Amendment Change land Use District RU to C, Section 23 to . Gerald & Carol Windschid John Hinzman, City Planner 1fJl Reauest The City Council is asked to review a Comprehensive Plan Amendment to change the land use district designation from RU, Residential Urban Single Family ~o C, Commerical by Gerald and Carol Windschitl on land owned by Ashford Develoment Corp., Inc. (PIN 22-32-24-23-0003). The proposed parcel is aproximately 5.45 acres and . / is ~urrently a part of the 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 has been tabled at the request of the applicant at the July 7 and 21, and August 4 and 18, 1998 meetings. Please see the attached minutes and staff report for more information. Attachments , \ , _J I I I I I . 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 I I I I . J 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 corner of the CHESTERTON COMMONS Preliminary Plat in Section 23, legally described as follows: \ That part ofthe 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 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 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. / 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 1 st day of September, 1998. CITY OF ANDOVER ATTEST: I.E. McKelvey, Mayor Victoria V olk, City Clerk / Regular Andover City Council ,I,Ieeling Minules -July 21.1998 Page 3 (Approval of MinUles, Contin Motion by Kriight, 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. Y AMEND ANDOVER COMPREHENSIVE PLANIREZONING - SECTION 23 - ASHFORD 7!' DEVELOPMENT CORPORATION . . 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-foor 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. SanitaI); wer, municipal water and storm sewer will also be installed. This does not include signali Ion. 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 fi 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 woul e paid for when the Kottke lots are redeveloped. Councilmember Ortt uestioned the policy of assessing only one-fourth of the cost. Mr. Erickson was not aware 0 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 ,Weeting Afinutes - July 7, 1998 Page 12 1ONI157TH A VENUE NWISPEED LIMIT Mayor McKelvey stated e State has recommended the speed limit on 157th Avenue between University Avenue and Cr sstO'Ml Boulevard be raised from 35 to 45 mph. He attended the neighborhood meeting at wlf 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 e 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. l57th A venue - stated his main concern for the children that come down the street that is not wide 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 ers of "Children at Play". i~fotion by Orttel, Seconded by Dehn, to approve the Resolution appro 'ng a 45-mph speed limit along I 57th Avenue between Crosstown Boulevard and University Avenue. Resolution RI43-98) Motion carried on a 4- Yes, I-Absent (Knight) vote. ~ ~ AMEND ANDOVER COMPREHENSIVE PLANIREZONINGISECTION 231ASHFORD fl. 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 Dehn 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 PUD. 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. Windschitl's argument at that time j Regular Andover City Council Meeting Minutes - 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. Jerry Windschitl. 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 do'Ml stream will have to be modified 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. , 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. Mr. 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 BOULE V, WIRELESS '/US WEST Mr. Carlberg reviewed the request of US West Wire! to construct a Wireless Communications facility 120 feet above ground at 1786 Bunker L oulevard. The proposal is to lease a 20x20-foot area from Eddy's Auto Body, and they. uld be responsible for the security, landscaping and \ screening. The Andover Review C ittee expressed a concern with the visual aesthetics of the '-) tower at this location, which is acent to the new commercial park. Staffis wondering if US West would be willing to .rel9C te the tower to the WDE site approximately one-half mile north. Councilmember Dehn feft 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. \ 19u1ar Planning and Zoning Commission Meeting ne 23, 1998 - Minutes 1ge 2 Jt SpliWariance, Cont.) JTION by Apel, seconded by Gamach orward to the City Council the resolution prepared staff to approve the lot split/variance request acy and Mike Ellis and Linda and Ken heneman at 697 - 141st Lane NW. ::>mmissioner Wells arrived at this time - 7:36 pm). Jtion carried on a 3-yes (Apel, Gamache, Peek), 3-absent (Wells, I be forwarded to the City Council on July 7,1998. rblic Hearing/Comprehensive Plan Amendment/Section 23/G. & C. Windschitl . Hinzman reviewed the request of Gerald and Carol Windschitl for an amendment to the mprehensive Plan to change the land use designation from RU, Residential Urban Single mily to Commercial on land owned by Ashford Development Corporation. The site is a 5.45 'f? 'rcel which is currently a part of the Chesterton Commons preliminary plat. The proposed 3 ""d'S originally designated for single family detached housing. Eleven lots would be llinated and,Eagle Street would need to be relocated. The original plat would need to be lended to reflect these changes. The applicant has not indicated a proposed use for the velopment. Mr. Hinzman explained that the property owners in Chesterton Commons 'chased their property under the assumption that the property would be a single family Jelopment. The nearest existing residential lots are 160' from the development. Mr. Hinzman 'ed that the preliminary plat has been approved but the property has not been final platted yet. mmissioner 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 , developer has decided to make a change. He also noted that we would have to look at a re- lfiguration of the lots. Commissioner Gamache asked if 154th would come out directly across 11 Oak View Middle School. Mr. Hinzman stated that it would. Commissioner Gamache ~ed what the status of the PUD is with Mr. Hinzman stating that it is in the sketch plan stage. 1TION by Gamache, seconded by Apel to open the public hearing. Motion carried on a 4-yes 1mache, Apel, Peek, Wells), 2-absent (Luedtke, Squires) vote. ry Windschitl, Ashford Development Corporation stated that it is their intention to plat single lily lots, with no townhomes. They will have two commercial sites - one to the north of and ~. "to the south. Mr. Windschitl explained that the PUD preliminary plat is almost complete. I ~ ~I ~hitect has to catch up to where they are in the process. When they come in with the liminary plat they want to have elevations and everything else ready. The PUD will contain a lil service station, day care center and office retail building. Mr. Windschitl also noted that :m the original drawings for Chesterton Commons were presented, this five acre parcel was wn as commercial. They do not have a site specific purpose for the two parcels. Their first \ 'Iall~ing and Zoning Commission Meeting Jne 23, 1998 - Minutes age 3 -eference 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 oked at a medical type of facility such as a physical therapy center which would complement ;e clinic. Chesterton Commons will have some lots that are on permanent hold so no one can jild 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. !indschitl stated that they don't have any issues on this site. The sewer and water are both jjacent to the property. j 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 hi"" (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 )ted that a condition of the resolution prepared by staff is the an amended preliminary plat of lesterton Commons must be approved. ins low 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 'Juld 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 '/ells, Gamache, Apel, Peek, 2-absent (Luedtke, Squires) vote. we Carlberg noted that the whole issue revolves around easements along Hanson Boulevard. le easements were not dedicated so the council denied the plat. :ting Chairman Peek stated that from general planning this makes sense because Hanson lulevard is a main corridor; however, he felt that this may suffer from an issue of timing. We're 'e "~I taking about a PUD across the street and this is being requested to be Shopping Center. lril./of the permitted uses may not be appropriate because of the middle school so close. He t that there are more negatives than positives. :mmissioner 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. \, , ) 'Ianning and Zoning Commission Meeting June 23, 1998 - Minutes. 'age 4 3he 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 jood spot for commercial. ;ommissioner Gamache stated he would be against approval. AOTION by Peek, seconded by Gamache to forward to the City Council a resolution denying an jmendment to the Comprehensive Land Use Plan to change the land use district designation 'om Residential Urban Single Family to Commercial for Gerald and Carol Windschitl on property wned by Ashford Development as prepared by City Staff noting that it was the opinion of the Jlanning 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 'ealth, safety and general welfare of the city. \ . ) lotion carried .on a 4-yes (Wells, Apel, Gamache, Peek), 2-absent (Squires, Luedtke) vote. This Jill go before the City Council on July 7, 1998. )ublic Hearing/Rezone fromR-4 to C, Section 23/Gerald Windschitl 'r. 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 dvertised it should be acted upon. cting Chairman Peek opened the public hearing. lOTION by Gamache, seconded by Wells to close the p ic hearing. Motion carried. lOTION by Wells, seconded by Gamache to forwar to the City Council denial of the rezoning lquest of Gerald Windschitl. Motion carried on -yes (Apel, Gamache, Peek, Wells), 2-absent )quires, 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 'e " . / r. Hinzman reviewed the reque of Ace Solid Waste to replace a 3000 gallon underground orage tank with a 10,000 ga n underground storage tank on their property at 3118 - 162nd .lne NW. The property is ned Industrial and the surrounding land uses are also Industrial. le original tank was installed in the 1970's and federal regulations now require that all tanks ~nnin,., -:Inn 7nninn ("n",n"1i~c::oil"'lon ~A.l""'l.t""t.+i,.,1"'t \ ,_~J \ , ) '\ ,j CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: June 23. 1998 ITEM NO. 4 ORIGINATING DEPARTMENT Public Hearine:: Comprehensive Plan Amendment Land Use Change RU to C Section 23 Gerald and Carol Windschitl Planning John Hinzman City Planner Reauest 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 Windschitlon 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 Se~tion 23, legally described on the attached resolution. Applicable Ordinances Minnesota State Statute Chapter 473.858 states, "If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan... after August 1, 1995, a local 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. Adiacent Land Use Adjacent land use within 350 feet of the site includes the following: North 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 East South West " , ) Page Two CPA 98-02 RU to C Gerald and Carol Windschitl Andover Comorehensive Plan The Andover Comprehensive Plan, Chapter VI, Section E.4, 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 Street NW would need to be relocated (see attachment). The original plat would need to be amended to reflect these changes. , J . 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 if the amendment is approved. . The proposed site is adjacent to the Hamilton Square commercial development consisting of a Post Office and Medical Clinic Commission Ootions 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 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 fmds 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 , / '\ , j 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 FAMILY TO C, COMMERCIAL FOR GERALD AND CAROL WlNDSCHITL 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 asfollows: 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 nO.12 feet to the intersection with the north line ofthe South no.oo 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 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 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 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 V olk, City Clerk - s:: "" " s , ~ ~ , kl:::S -' '0>:::.; ;} oOQ o ~.~ ~s:: s:: ..2! 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AnQka ..oun y Manurnen I '. w 0> (4):- r-:~ g8 % ...~ ~- South line .;1 tr.. Nort;,.....st Ouort... Sec. 23. N ..... -. .., ...., ,- :..;. " ~ -..,: ..... j... ~ " ..'1..' :, , .1'.: ~ .. . . ."'" . ., ' ;' -,~ J.. ~ . . 1-' . .:. " I I . . " ~ oin' . ~"'- . .. . ..~. ] 50 :-- .. ~ ~ -. 1'~ ~ . ....,.. .:...1-. t~Sfi"i .,.:., ~::: ,'nt\..".~~ .; '.;""': ;;, "'" ~;:r.-,- ..: "1 .' ',; ." .,,", ...~~.~!:..~.;~'!.. 't'~o .," ~. '~ ; \:. . /.. '. -.;. 1~, ~'";llh~2V4. '. . , :. i':;" .' ::.. .Ben~tT)a_r:x .' l\ .'r ,. i . > i ~ . _ .. t:~..."~~ '>''':'.;.':.y~..:.:.....' -', =~ ....{". - ; :.' ': ~...'.'_':";:.'.-,": ~ ~ , '~.-,.., ~',.... oil ...' ~~ .. .,;:- --- . . , ~I:..,.I I f I .& 1 '" . . . \. ~"~.' fo~'-': ..:} Cne)~~ ' . '_____- . . . . ~fYld(\. .' . ... ... ,iGqYYl;4J' J' ':~;"";:.7' ..,-:-' . '.' i~T ' ~.,.' .''-.' - ::,.. ~.' - - . ..::.. -.;' 0" - :. :,:_l ": ;....,. -- ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CO:\-IPREHENSIVE PLAN A;\iIENDMENT REQUEST FORo"1 Property Address / ~l( "'^ '/- I-\A__J<.J {j Ivd 4TI4c(...;L ~:5 A Legal Description of Property: S t. .... (Fill in whichever is appropriate): Lot Block Addition (If metes and bounds, attach the complete legal description). PIN Reason for Request J~ I,{ ""T7) f;...._ ~- '-I ,,, ,4_ J fc .,,> TZ:> 5c.... -rL... L-4__~ U ~'- .4 II ~J :h/~ 1'\-" PfA./ F'-~ : k'2..~ "'"0 '\ ) Current Land Use District R ~ Requested Land Use District c.. W. ...~)<. L-. - re- (. 4 rea ~;;: d~ (~,-I-/ G <: -., \ ~ C. Name of Applicant Address J t, C/o /r-) ....-d ~<- A...../ ;4,., ~ 1tA.J Home Phone 4 J- 7 - '3.l { 7 Business Phone Fax Number " Signature ~~ l&{r~~ Date Sit? /78 ~ ( II ..8!.!_ ___~ d___ ___ I Ft:f$ O..........-J G.....-A \ d. C ~ e~o I 11. tU7vdfc>.tr ...1 ~/9 IQ ~/t"1f8;/ I ,I J,/ .~ Property O\\TIer (Fee O\\ner) <;1~ J;~;I'.w.. L..e<!'''U f:4M()'/;(/~vn"z_ (If different from abo\"e) 0,-</_.1'- t7r LC.,_ a. Address If)'''- F~... J "Pt.-t..--{"/-_I" Cp_/,"_<""i'l-..) .:;-~ ~ Home Phone q,). 7 -'1.l- / 7 Business Phone 'I 2- 7 - c>~ :I ..) - M"r-.--d O~.....{.(_-r ~/~/..n.....> ~~ Signature g~jJ.2, 0 .If? - -/~ Date t, .I J Fe /98 \ ) >~> X :-', .'/:.:;".'\.'i/" "- / 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, June 23, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Cpmprehensive Plan amendment and Rezoning requ~st of Gerald Wmdschitl 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: \ / 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 ofnO.12 feet to the intersection with the north line of the South no.oo feet of said Southwest Quarter of the Northwest Quarter; thence South 88 degrees 53 minutes 56 seconds East, along said north lin.e a distance 0003.14 feet; thence South 57 degrees 53 minutes 02 seconds East a distance of 3 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 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. ~tJ4 Victoria V olk, City Clerk , / . Publication dates: June 12, 1998 June 19, 1998 PIN 233224220001 CAl\1BRIDGE CAPITAL INC 941 HILL WIND RD NE STE 30 I M~EAPOLIS MN 55432 ,_ .J PIN 233224210001 ASHFORD DEVELOP CORP INC 3640 152ND LN NW ANDOVER MN 55304 PIN 22322411000 I CENTER OAKS PARTNERS 13736JOHNSONSTNE . HAM LAKE MN 55304 PIN 233224320002 HAMIL TON LORA G 6615 HWY 10 NW ANDOVERMN 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 1425153RDLANENW 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 '\, \ i . , , / \ / '\ , ") CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Seotember 1. 1998 AGENDA SECTION Discussion Item, Cont. ORIGINATING DEPARTMENT Planning John Hinzman, ~ City Planner ITEM NO. REZ 98-03, R-4 to SC Section 23 '-f Gerald and Carol Windschiti I, Reauest 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 comer of the CHESTERTON COMMONS Preliminary Plat in Section 23 (PIN 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. Plannine and Zonine 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. City Council Review The item was tabled at the request of the applicant at the July 7 and 21, and August 4 and 18,1998 meetings. Please see the attached minutes and staff report for more information, Attachments . Resolution for denial . City Counic1 Minutes - July 7 & 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 FAMILY URBAN TO SC, SHOPPING CENTER FOR GERALD AND CAROL WlNDSCHITL 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 comer of the CHESTERTON COMMONS Preliminary Plat on property owned by Ashford Development Corp., Inc. in Section 23, legally described as follows: J 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 n0.12 feet to the intersection with the north line of the South no.oo 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 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. 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 1st day ofSeotember, 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 ,"'feeting Minutes - July 2 I.' 1998 Page 3 (Approval of Minutes, 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) 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 -,:- DEVELOPMENT CORPORATION . . 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 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 willalso 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 will 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 Orttei 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. '0 Motion by Kunza. Seconded b . Knight, to open the public hearing. Motion carried on a 4- Yes, l- , / Absent (Dehn) vote. 8:08 .m. Council member 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 ,'v[eeting Minutes - July" 7, 1998 Page 12 APPROVE RESOLU ONI157TH A VENUE NWISPEED LIMIT Mayor McKelvey stated th State has recommended the speed limit on 157th Avenue between University Avenue and Cros wn 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 any more speed studies done in the City because e issue of safety is not considered as much as traffic movement. The neighbors along 157th 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. j Ron Sandford. 157th Avenue - stated his main concern is fo the children that come down the street that is not wide enough. There isn't any place for them to wal d 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". 45-mph speed limit (R olution RI43-98) JI.[otion by Orttel, Seconded by Dehn,to approve the Resolution approvin along l57th Avenue between Crosstown Boulevard and University Avenue. Motion carried on a 4- Yes. I-Absent (Knig-ht) vote --- AMEND ANDOVER COMPREHENSIVE PLANIREZONINGISECTION 231ASHFORD 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 Dehn 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 bewise to do a revised plat to look at the drainage of the entire area, or possibly a PUD. 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. Windschitl's argument at that time \ , / Regular Andover City Council Meeting A/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. Jerry Windschitl. 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 resolved and approved by both the City and the Watershed. There is no disagreement that everything down stream will have to be modified. 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. ) 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. l\1r. 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 BOULEVA WIRELESS :;0 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 / 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 antennae as proposed could be very conducive to the area and had no problem with the requ . This is very necessary in society today. ) , -' 'Ianning and Zoning Commission Meeting une 23, 1998 - Minutes' age 4 ,he also felt that with the issue tween Chesterton Commons and Hamilton Square not being ~solved, it would not be a good id ommissioner Gamache stated he would be agains He did, however, feel it is a ommissioner Apel suggested that this co ood spot for commercial. 'OTION by Peek, seconded by Gamache to forward to th City Council a resolution denying an 11endment to the Comprehensive Land Use Plan to change e land use district designation Jm Residential Urban Single Family to Commercial for Gerald d Carol Windschitl on property Nned by Ashford Development as prepared by City Staff noting th it was the opinion of the ranning 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 ~alth, safety and general welfare of the city. . " , J otion carried 9n a 4-yes (Wells, Apel, Gamache, Peek), 2-absent (Squires, LuedtK II go before the City Council on July 7,1998. 'Jblic Hearing/Rezone from R-4 to C, Section 23/Gerald Windschitl -. Hinzman explained that because this item is contingent upon the previous item being 'proved, it would not be appropriate to fully discuss it; however, since a public hearing was !vertised it should be acted upon. :ting Chairman Peek opened the public hearing. )TION by Gamache, seconded by Wells to close the public hearing. Motion carried. )TION by Wells, seconded by Gamache to forward to the City Council denial of the rezoning ~uest of Gerald Windschitl. Motion carried on a 4-yes (Apel, Gamache, Peek, Wells), 2-absent ::juires. Luedtke) vote. This will go to the City Council on July 7,1998. nended Special Use Permit/Bulk Storage of Liquid Fuels/3118-162n " 3 / . Hinzman reviewed the request of Ace Sol" s e to replace a 3000 gallon underground Jrage tank with a 10,000 gallon un round storage tank on their property at 3118 - 162nd ne NW. The property is z ndustrial and the surrounding land uses are also Industrial. a original tank was ins ailed in the 1970's and federal regulations now requirethat all tanks lp.u...i~... ...........4 7_....:....... r".....__:__:__ l"__&:__ ) / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: June 23, 1998 ITEM NO. 5 ORIGINATING DEPARTMENT Public Hearinl!: 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 comer 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. The rezoning is submitted in conjunction with a Comprehensive Plan Amendment from RU, Residential Urban Single Family to C, Commercial. All{llicable 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 ofthe 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 ofintegrated design in appropriate locations. The general location of potential shopping center sites will be indicated on the Comprehensive Plan. Adiacent Zoninl! 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 fromR-4, Single Family Urban to SC Shopping Center in the southwest corner 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 COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended 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 21st day of July, 1998. CITY OF ANDOVER ATTEST: IE. McKelvey, Mayor , ) Victoria V olk, City Clerk \ ) J ~ '\ , / ~~z ~: >>>~ JJ:::::JO o 0.. a. c =-~~o ~ o~ ~ ~ o g 9~ ~(J)3 ;r en 3" ~ ~ ~ '\ ~..g " m / ., ~ .. a G) ;0 L.. ... ~ ~ Q) 1J o Q) W ffilD ::E"lJ III ~ lii @ ..., - "TI OJ III 0 III c: 2" :J m g- CJl ..., iii' CJl mll~l!JmllllrnODD Gl-;-GlCllZ.....tD;:;:;:a;:a;:a;:a;:a ;a_OJOtD ~~j..WN~~ I ::J . I t I , I It. )> I Glg-GlCllZC;:;:CIlCllCll'CIl CD!e,CD :::r~.~.c: c: :i":i":rs:;:r ::J ~.::J 0 Ul _ ;::: ;:+CO co co OJ Ul CD Q) CD'U:::reD -'--::---::J- ~ -0;12.0'0."2.'2."' CD CD c: CD !!!. -::::JOtoCDCD"1l""TIiij""TI ;:a tD"" 3- c 9 ~ Ol Ol Ol 0 Ol ~ :;;&'8~'~11l~~~C:~ i :r::sCLCD=="'f'<"'fCD"'f !!!. 11l <DtD~ 5'-'ccnmc.;:a ~ g:..,c:UJ<at5a-c:cn:J:c cr !!!. r-1>>g"Dio@ ::::J ::J O::J -c:- g: ~ a-co!!!. (J) 0 ~ ~ co :J '" '"' '< N o :J :J (0 o (1) CJl cO' :J W =: o :J CJl ~:;C~ .... trj 0 = ",,-, t':l =- L..... a ~ \C.... t':l -...J 0 =- . = .... = e~~ :;c= .'t:l .&;l. - o 00 ('::l '"tl is'' ::: :::::... ~.~Q t:lo~ ~:<::: c t:l~"" ....~ ~ "" ::: - EI "lJ ..., o ro' o .-+ r ('t) (fC/ ('t) ::s ~ '" - I\) (..) - (0 0> r o o III ~ o :J 3.10.06 \ " N ea.~3'56 W :1 \ 'Southwest corner ct NW 1/4 \ See. 23. T,,>>. 32. Rge. 2<L , \Anoko Couflty Monument i' B."c:rmork , . I ~ : .n ~~~ , I I I I / Southwest eorn.r . I . See. 2~ Twp. 32. Rge. 24 4r' A"eke ,"ounty Mgnumenl '\ , ) '. w :0> ~CO . Nt') p-- .Ot') O~ Z ~ N .. ~ ~ .., i ILl ~ Ncn N -- U ~~ .. 1Il ~ Z ~ ~ d ;; .. ~ -= - ~ z Cl .r. - ... 0 .. ~ - ., i \ \ \ \ , J " , ) 9 303.14 S 813.53'S6. E SKECTH OF DESCRIPTION FEB. 10. 98 w '" <Dr r:~ ~8 z ~ ~~ - Sout~ Ii". of th. Northw~st Quart.... Sec:. 2J. N "- . I . . .... " , . .:..... '....;" .-~ -.' *.'- . 4:. . .. , ". ..... J.,. . ". ..~: '-::. ~ f .. . . '-.,.. " .,' 150 1 \:'~~nt~~~i~~~W2V4:."~''}'')'" '\.. \~d' ...~' .:.~;Q'~enm~~vment ...," C. '1- eS{e(fol\ ~..:'. :-- .^. I - '1-:" .... ".,.... . . .' .:,n . "- ~. '",->---._ ., n . I. '," ',' . '. ~ mot\ '. .. _.I.~~;,:i >.~:<:;~"':':' :- ....~ ..-;~, ..:', '.':(.0 ~M" ,.{"(J.<;- .."<- . It). :~"'..- ., ....,. '. ..r', ',. ..' .,' "~ i~l . o~.,.....,,-..., , i iii.. .-.~1'."- '" ;~ _~..:.;_ . ::;,,":,". ,:.. - ...~:....;. ~~~ ,,0::' . .. .... - . ...:.~. ">;:(':_' -r- ''':L..:: \ ) CITY OF ANDOVER S€, SHOPPING CENTER Per Ordinance 8. Section 7 .' . .'. .' . . For further information, please contad the. City of Andover Planning Department, 755-51 00 PERMITTED USES . Day Care Centers · Medical & Dental Clinics · Professional Offices . Restaurants . Financial Institutions · Mortuaries & Funeral Homes . Professional Studios · Retail Trade and Services (listed below) · 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 Office Supply & Equipment Paint & Wallpaper Sales Photography Studios Restaurant Sporting Goods Theatre (except drive-in) Tobacco 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 Optometrists Phonograph Records Service Station Shoes Tailoring Therapeutic Massage Toys ) ) \, .' \ , J Variety Stores 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 *u During operating hours only uu 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 .'/ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 553040(612) 755-5100 CITY OF ANDOVER' COUNTY OF ANOKA STATE OF MINNESOTA. ,;.. NOTICE OF PUBLIC HEARING The Planning and Zoning Conirnission of the City' of Andover will hold a public heaiing at 7:30 p.m., or as soon thereafter as can be heard, ,on Tuesday, June 23, 1998 at Andover' . (;ity Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to r~ewthe.' " , .. . Cpmprehensive Plan amendment and Rezoning request of Gerald Wmdschitl to.ch~7 th~;" '.' land use district designation from RU, Residential Urban Single Family toe; Commercial"; . and rezone from R-4, Single Family Urbari to SC, Shopping Center at 154xxHanSOn';~.' ". :.' Boulevard NW, generally located north and west of CHESTERTON COMMONSand\. . opposite Oak View Middle School (pIN 23-32-24-23-0003) legally described as follo:1Ns:,: ;. That part of the Southwest Quarter of the Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota described as . follows: Beginningat the Southwest comer of the Southwest QUarter of . the Northwest Quarter of said Section 23; thence North 00 degreesOZ' 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 of31.76 feet to the east line of the west 330.00 feetofsaid . 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 ~o, the south line of said Southwest Quarter of the Northwest Quarter; thence. North 88 degrees 53 minutes 56 seconds West a distanceof330.06feet to the point of beginning. All written and yerbal comments will be received at that time. will be available for review prior to the meeting at City Hall. .~rta Victoria V oJk, City Clerk Publication dates: June 12, 1998 June 19, 1998 PIN 233224220001 CAMBRIDGE CAPITAL INC 941 HILL WIND RD NE STE 301 yo ''EAPOLIS MN 55432 PIN 233224210001 ASHFORD DEVELOP CORP INC 3640152NDLNNW ANDOVER MN 55304 PIN 223224110001 CENTER OAKS PARTNERS 13736 JOHNSON ST NE HAM LAKE MN 55304 PIN 233224320002 HAMILTON LORA G 6615 HWY 10 NW ANDOVER MN 55304 PIN 223224410001 ANDOVER CITY OF 1685 CROSSTOWNBLVDNW ANDOVER MN 55304 PIN 223224140006 ANOKA HENN IND SCHOOL DlST 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 1404153RD LANE NW ANDOVER, MN 55304 RESIDENT 1380 153RD LANE NW ANDOVER, MN 55304 RESIDENT 1370 153RD LANE NW ANDOVER, MN 55304 , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION . / DATE: September 1. 1998 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. It,oPt Ordinance No. 233B (An Ordinance Regulating Dogs and Cats) Reauest The City Council is asked to review and approve the attached amendment to Ordinance No. 233 - An Ordinance Regulating the Keeping of Dogs and Cats, Providing for the Classification of Dangerous Dogs/Cats, Providing for the Abatement of Nuisances, and Providing Penalties for Violation. J As requested by Council at their August 18, 1998 staff was directed to review the definition of a dangerous dog/cat in the ordinance. The Council questioned whether or not a dog bite could be defined as substantial bodily harm. Staff has revised the definition of a "dangerous dog/cat" as any dog that has inflicted bodily harm on a human being on public or private property. The City Attorney has review this proposed amendment. Please review and comment. / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 233B AN ORDINANCE AMENDING ORDINANCE NO. 233 - AN ORDINANCE REGULATING THE KEEPING OF DOGS AND CATS, PROVIDING FOR THE CLASSIFICATION OF DANGEROUS DOGS/CATS, PROVIDING FOR THE ABATEMENT OF NUISANCES, AND PROVIDING PENALTIES FOR VIOLATION. The City Council of the City of Andover hereby ordains as follows: Section 1. Definitions. Danf!:erous/Cat Any dog/cat that has (I) without provocation, inflicted sHBstaRtial bodily harm on a human being on public or private property; or (2) without provocation killed or inflicted sHBstantial bodily harm on a domestic animal while off the owner's property; or (3) been found potentially dangerous, and after the owner has noticed that the dog/cat is potentially dangerous, the dog/cat aggressively bites, attacks, or endangers the safety of humans or domestic animals. Section 27. Nuisances Subiect to Abatement. Nuisances Subject to Abatement. The following are declared nuisances subject to immediate abatement by a resolution of the City Council: 1) Any dog/cat that has without provocation inflicted sHBstantial bodily harm as defines BY Minneseta StatHte 6Q9.92, SHBsh'ision 7a, on any person; or All other portions of these Sections and all other Sections of this ordinance shall remain as written and adopted by the City Council of Andover. Adopted by the City Council of the City of Andover on this _ day of ,1998. A TIEST: CITY OF ANDOVER Victoria Volk, City Clerk J. E. McKelvey, Mayor , . / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: September I, 1998 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Item Administration Richard Fursman ITEM NO. q, Y2K Problem REQUEST: The City Council is requested to accept this memo on the year 2000 computer program. The City is preparing for the year 2000 when computers, due to hardware and software gliches, think the year is 1900, instead of the year 2000. Over the next 12 months, the City will be researching what I consider to be the core of the problem which is identifying where the City is vulnerable. The primary component of this research will come in the form of an audit of computer enchanced systems. , / Staff will be evaluating audit information related to various automated functions. Electronic controls and components that control lights, water, sewers, traffic signals, police and fire equipment, fire alarms, security systems and other computer and computer dependent operations are all potential Y2K problem areas. There are also several gliches that may result which are embedded in the heart of various mechanical equipment. Automated sprinkler systems. computers in vehicles, civil defense warning systems and the like, which have time sensitive chips and programming, may need correction. The League of Minnesota Cities Insurance Trust is now evaluating what type of insurance products should be available to Municipalities in case lawsuits are brought forward due to systems failure. It appears unlikely that Andover will have to carry an independent insurance rider. , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: September 1, 1998 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Item ITEM NO. / (). Adopt 1999 Preliminary Budget/Levy REQUEST: The Council is requested to approve a preliminary levy for submittal to Anoka County. Truth in Taxation law, M.S. 275.065 mandates the City submit a levy request by September 15. The Budget review was not ready for packet copy, but will be forwarded before the meeting. There will also be a comprehensive presentation at the meeting. ALSO: / The City is required by law to set a hearing date and a reconvening date for the Truth in Taxation meeting for taxes payable in 1999. The hearings must take place between November 29, and December 20. The Council is requested to set the Truth in Taxation Public Hearing dates as follows: Hearing Date -- Monday, December 7, at 7:00 p.m., or; Tuesday, December 8, at 7:00 p.m. Reconvening Date -- Tuesday, December 15, at 7:00 p.m. Meetings to be held in the Council Chambers. , , / AGENDA SECTION CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September I, 1998 ORIGINATING DEPARTMENT / Discussion Item Administration Richard Fursman ITEM NO. 10. MQpt 1999 Preliminary Budget/Levy - Continuation Discuss 1999 Property Tax Rates The Council is requested to consider the 1999 proposed property tax levy to be certified to the County Auditor. Numerous new and adjusted programming features have led staff to recommend the levy cap as determined by State Law to be adopted as the preliminary levy for 1999. The levy as proposed would result in a City share tax increase of approximately 3.5%. (This is based on taxes payable 1998 property values) An additional property value inflationary amount of2-4% would also be anticipated. Several factors have made the calculation of impacts on property owners difficult to accomplish. The / property class structure was flattened with commercial rates reduced 12% and the value of homestead property above $75,000 reduced 9%. The compression has caused taxable value and tax burden to shift from businesses to home owners. Much ofthe shift is offset by the increasing market value in property. What does this mean in real dollars? The home owner with a house valued at $150,000 would see an increase in the City share of property tax of about $39 dollars a year, or $3.25 on the monthly house payment. What about School levy's? The Good news is, the aids not coming to cities as anticipated, are going to schools. County officials have indicated the City's increased levy will not raise the bottom line of the tax payer as the school levy goes down. So, the actual net effect will be either up or down a couple of dollars a year. Budget tuning to be done this fall. The actual final budget will not be adopted until December. The Council will have the opportunity to reduce the levy sometime in the next several months if so desired. / , / City of Andover 1999 Budget Process New Programming 8/31/983:17 PM9-01-98.XLS Police Protection The 1999 request is to increase current contract coverage by adding eight (8) hours of uniform patrol coverage. This would provide forty-eight (48) hours per day $ 139,000 Park Improvements In 1998 the Parks received $41,000 for park improvements. For 1999, $100,000 is being requested. A memo from Todd Haas is attached detailing the Park department request. $ 59,000 Crackseali ng/Sealcoati ng In 1998 a transfer of $250,000 was made from the MSA fund. not available for 1999. This funding source is $ 250,000 Overlays This request is part of the 1 % increase the Council previously approved for the overlay program. $ 100,000 / Wage adjustments The increases in this area are based on the current step program, an estimated 2.5% cost of living increase and a $40 per month increase in the City share of health benefits. $ 196,471 Elections - voting equipment New voting equipment is needed for the year 2000 elections. The total cost is estimated at $48,000. For the 1999 budget it is recommended to set aside 1/2 of the cost. $ 48,000 New Employee For the 1999 budget, one full time new employee is being requested. This employee would be shared between Public Works reception and Data processing/entry. The dollar amount requested includes wages and benefits. $ 26,396 Position Change Public Works has requested one position change for 1999. This position change would be to promote John Wallace, lead mechanic, to a supervisor position. The dollar amount includes wages and benefits. $ , ) 8,000 Total New Programming $ 826,867 \ , / CITY of ANDOVER MEMORANDUM TO: Jean McGann, Finance Director COPIES TO: . FROM: DATE: REFERENCE: -------------------------------------------------------------- -------------------------------------------------------------- The Park and Recreation Commission has recommended the following improvements be made for 1999 from the Park Capital Improvement Budget. , , Kelsey-Round Lake Park Sunshine Park - Playground Equipment - - 1 large shelter with concrete pads - - New parking lot (west side of park) - - Trails - $50,000 Total $15,000 $10,000 $20,000 $5.000 $100,000 Note: The Commission is recommending the proposed assessment of around $10,000 (Project 98-13).be paid from the general fLind as the street improvement is a benefit to the entire City since it is a regional park. . / CITY OF ANDOVER Revenue Budget Worksheet Budget Year 1999 8/31/983:17 PMGENERAL.XLS I , I GENERAL FUND ) I I Revenue I Actual Actual Actual Budget Budget Code I 1995 1996 1997 1998 I 1999 , Property Taxes 31010 Current Ad Valorem Tax $ 1,481,126.14 $ 1,778,002.67 $ 1,973,572 $ 2,430,639 $ 2,793,563 31020 Del. Ad Valorem Taxes 21,375.14 23,923.19 .22,894 20,000 20,000 31040 Fiscal Disparities 287,288.06 359,925.02 372,653 432,672 465,955 31910 Pen/In!. on Ad Valorem 18,810.88 14,394.66 14,079 20,000 18,000 31920 i Forfeited Tax Sale Apport 1,612.90 4,224.35 766 1,000 1,000 . ........ ..... ...., Subtcitaf"TS;s:S2$' 1 ,S1 0,21 3'."1"2""'2$ 2,180)169;89' $ . .. . 2,383;OO5T$F 2,904,S11" $'F3,298,518 "'~~:cc L'::':::C:~~zLL'::':;:~~j; -~~^~",.,,". "....."""""'"...""'"".^~,.;..,"'.~.'" .. ~.,~.," 'r~"-""" """",,",,,,,,';;.0'---,...,, '"'<C,'",",.'" ....~"'_.. Licenses and Permits 32110 Liquor - Intoxicating $ 400.00 $ 5,100.00 $ 4,600 $ 4,200 $ 4,200 32111 Liquor - Non-Intoxicating 4,600.00 650.00 600 240 240 32130 Cigarette 325.00 325.00 300 I 900 900 32140 Refuse/Recycle Haulers 820.00 705.00 1,095 1,025 4,450 32150 I Rental Licenses 5,900.00 1 00.00 5,150 6,150 6,150 32160 Contractor I 8,170.00 6,535.00 7,295 7,500 7,500 32161 Dog Kennel 125.00 100.00 225 150 150 32162 IJunk Yards 1,400.00 800.00 400 - - 12163 Tree Trimmers 25.00 50.00 175 100 100 ,2165 Peddler 375.00 450.00 300 I 400 400 32210 Building 288,393.80 297,405.71 I 346,048 283,000 300,000 32211 Heating 27,433.56 16,484.86 20,876 13,000 15,500 32212 I Plumbing I 49,828.89 38,411.71 45,196 32,500 40,000 32213 I Septic Systems ! 2,125.68 1,820.00 1,897 I 1,500 1,500 32214 ! Septic Pumping I 1,653.00 1,983.00 I 1,839 I 1,000 1,000 I 32215 i Septic Repair 785.00 1,365.00 2,170 I 500 550 32216 I Sanitary Sewer 6,915.00 6,075.00 6,175 I 6,850 6,900 32218 Curb Cut ! 5.00 15.00 30 : 50 50 32219 Cert. of Occupancy 1,328.00 1,104.00 1,188 1,350 1,500 32240 Dog Licenses 1,300.00 768.50 1,178 900 900 32260 Burning Permits 1,032.50 1,220.00 1,570 1,500 1,500 32261 Rezoning 300.00 1,025.00 . 1,683 600 600 32262 I Special Use 3,510.00 3,700.00 2,091 I 3,000 3,000 32263 Variance 1,100.00 1,175.00 1,150 1,000 1,000 32264 I Lot SplitsNacate Ease 720.00 1,117.79 1,600 , 1,200 1,200 32265 I Special Home Occupation 400 - 200 ! - - 32267 I Signs 1,641.56 1,766.87 1,183 1,000 4,000 32268 I Moving - 75.00 I - I - - '0" <"-..- 5ubfotaF'''..7.................:sTI'$ ;":410,211~9~r;;"$.. '390,327:'44"'$ . , '456;413 >'$"C"';'F 369:'61'STT$ .....403.49tf , '-", ^,." ",~".., ~ ._.."n -...-. "'r .."...........,.. ..,..... - ,-, ! , I I . , ! , ! ! ! I I ! I I 'venue I Actual I Actual Actual i Budget Budget Code I 1995 1996 1997 I 1998 1999 I I ilnterQovemmental Revenue : 33130 IComm. Develop. Block $ 27,895.80 $ 84,282.81 $ 68,667 $ 35,000 i $ 40,000 33131 I Electrical Permits - 43.50 65 100 I 100 33401 Local Government Aid 92,245.84 106,935.46 120,769 122,651 i 111,145 33402 Homestead & Ag Credit 359,728.46 343,343.42 331,977 340,526 I 340,288 33403 Local Performance Aid - - 23,111 28,490 I 27,087 33404 I P.E.R.A. - - 5,047 10,093 ; 5,000 33405 C.O.P.S. Grant - - - 30,000 I 10,000 33406 SCORE Reimbursement , - 51,000 ! 51,000 - - 33407 State Police Aide - - - 49,547 I 49,547 33418 Munic. State Hwy Aid 140,000.00 140,000.00 140,000 140,000 ' 140,000 33420 Insurance Premium Tax 40,140.00 54,542.00 54,275 59,880 65,000 33422 Other Grants 87,616.98 92,762.93 240,018 12,000 12,000 33430 School District Liason 1,938.00 5,779.50 4,887 16,850 10,750 I."".....". "'," 2 l:ji \"7"tf ~::ji T nt". 17" 0": IR?i!$ !:lIlIl,1l14,.\'l> ...Il!:lo.137,.'IlOl,!:l1/ C"'r .~." I....... ,. .... . .......,.....,...... ... ........ .........-. , ! Charqes for Current Services 34101 Rental of Fields/Rinks $ 1,130.00 $ 600.00 $ 600 $ 500; $ 500 34102 Notary Fees 30.00 18.00 27 50 : 50 34103 Plat Fees 6,639.86 14.571.92 6,488 5,800 5.500 ~104 Plan Check Fees 164,064.28 188,714.26 209,458 147,000 170,000 34105 Sale of. Copies, Ord. etc 1.093.20 1,363.50 1,035 900 I 900 34106 Reports 15.00 - 40 - ! - 34107 Assessment Searches 3,968.00 1,788.00 2,613 I 5,000 ! 5.000 34109 Sewer Administration 4,295.50 3,695.00 3,675 3,500 : 3,500 34111 Engineering Mileage - - 953 - I - 34112 . Party Permits 100.00 I 111.50 60 50 ~ 50 34114 Recycling 9,981.52 8,110.61 i 8.629 8,000 i 8.000 34115 Recording Fees 808.00 1,901.00 I 845 800 I 800 34116 Tournament Fees - - 150 200 i 200 34117 Bad Check Charge 473.22 208.35 25 50 50 34118 Health Authority Fee 205.00 95.00 5 500 500 34119 Reinspection Fee 420.00 773.00 504 300 350 34120 Council Filing Fee - 50.00 - 50 i - 34121 . Escrow Inspection Fee 4,060.00 3,925.00 2,735 1 ,400 ~ 1,400 34122 I Site Plan Review - Trees 8,250.00 3.895.00 (1) - - 34123 Sale of Street Signs 5,864.07 11,835.17 12,366 300 ' 6,000 34124 Com. Site Plan Review 1,500.00 5,250.00 6,000 3,000 2,000 34125 City Engineer Fees 62.278.30 59,562.67 65,921 57,800 63,000 34126 Civil Engineer Fees 24,475.00 65,658.96 78,744 75.000 75,000 34127 Asst. Engineer Fees 20,384.43 27,959.02 26,927 27,100 29.000 34128 Engineering Sec. Fees 10.022.22 24,740.77 25,560 26,300 26,300 34129 Engineering Intern Fees 10,503.02 2,808.00 2,856 4.000 I 4,000 34130 Developers - Sealcoating 22,655.20 - - - I - "4131 I Public Works Fees 8,899.67 1,926.87 30,239 5,500 6.500 ..135 Debris Removal - I 240.00 - 100 100 34139 Weed Abatement - 223.66 - I - - 34140 Flood Zone Search - 30.00 15 100 100 34141 Financial Admin. Fees 71,827.63 303.33 19,988 1.500 3,000 34142 Planning Dept. Fees - 3,897.16 16,067 20.000 20,000 34143 Grading Inspection Fee - 8,943.46 5,861 4,000. 4,000 CITY OF ANDOVER Revenue Budget Worksheet Budget Year 1999 8/31/983:17 PMGENERAL.XLS CITY OF ANDOVER Revenue Budget Worksheet Budget Year 1999 I I ,venuel Code ! 34145 : Fire Department Fees 34146 iAdministration Fees i Charqes for Current Services. continued 34148 ISenior Eng. Tech fees 34149 Tech 4 fees 34200 I Bid Plans 34951 I Sac Retainage Subtotal' Actual 1995 Actual 1996 170.62 1,068.62 i I "~''''$''m. - 285.00 I 3,690.75 2,475.00 i 447,633j'l7$ 447,198.45$ 'r .....r I I I i Fines and Forfeits 35101 Court Fines 35102 IOther Fines I.. I,." I 8/31/983:17 PMGENERAL.XLS - I 50,000 46,356 i 50,000 125 I 100 2,8691 2,200 578,22f'$~:' '551;1()(f$ .. """""'T""""'" .., ,. ..' .,. -" I I 47,590 I $ 1,210 Actual 1997 - , I 4861 I 40,620.54 $ 56,299.98 I $ 1,500.00 825.00 .: <. ...:Ii" . 42,120.54.:j;, . 57174!'1R. '. $ . , "'" $ I I Miscellaneous Revenue 36101 IAssmt. Prin. Call. by City $ - $ 36103 IAssmt. Call. by Cty. - Cur. 4,031.29 36104 IAssmt. Call. by Cty. - Del. - 36105 1 Interest & Penalty - County - 36210 I Interest Earned 57,164.01 36211 I Market Loss on Investment (41,447.99) 5220 ! Rent Other Than City Hall I - 36230 i Contributions - 36241 i Pop Machine 158.85 36242 ! Maps, Etc. I 2,786.37 I , 26243 iTree Tape 97.00 I 36245 ,Sale of Used Equipment - 36249 . Fire Department Revenue - I 36250 ,Concession Fees - 36255 I Sale of Land - 36260 I Refunds & Reimbursement 13,228.46 37401 I Street Light User Fees 98,213.57 37460 Penalties - Street Lights 1,820.13 38401 Computer Services - Subtotal ~".^~.,~,,~c '."$.... '13Ei,()51:69 '$ , ~ -'-'- ..., , ! Transfers 39201 [Transfers From Other Funds 39203 I Transfer From Admin. Trust 39205 I Transfer From TIF 1-1 39206 ITransfer From TIF 1-2 39207 I Transfer From PIR Fund 39210 I Transfer From Sewer Fund 39213 I Transfer From Water Fund 39214 ,Transfer From Capital Equip. . 1215 !Transfer From In-House MSA .~ 5......' ... $ 229,987.98 $ 71,000.00 $ 300,987.98 $ T' 'l ". MI. ri~'lS;l\J~W~'%~~. 360.57 47,909.62 4,743.82 i 1,000.00 I 1,000.00 I 5.251 317.50 I 101.66 1 1,501.52 1 214.00 1.00 I 10,050.00 I 7,164.74 I 104,541.42 1,689.47 180,600.57! $ '" I I $ 71,000.00 - I $ i -1$ 2,383 I 308 - I Budget 1998 Budget 1999 71,224 I - i 19,832 I 200 i 641 439 i 407 I 20 I - i - I 39,912 104,855 1,849 17,001 I 25((494--;~$-', "' -" i 246,200 I $ 71,000 I - I - , I - I - I - I , 50,000 4 50,000 50,000 100 3,000 538,OOl); 41,000 $ 300 43,000 500 . .'. 4' ; 4:i~(]n ,. ".,.._, - $ - - - - - - - 24,000 25,000 - - 25,584 27,000 - - - - 1,600 1,500 100 100 - - - - - - - - 18,000 16,000 110,000 118,000 2,000 1,800 10,865 12,000 192,149 $ 201,400 _.~'H - $ - 71,000 32,723 - - - - 50,000 - 12,000 12,300 69,000 70,775 50,000 - 250,000 - 5()2,()0(): $ 115,798 I ^~.,." ..-,." ., - i - ! 71,000.00$ 317.200 '$:"'" " ml, .t:;"~'4 , - I - Office of the Sheriff Anoka County Sheriff Larry Podany 325 East Main Street. Anoka. MN 55303-2849 (612)323-5000 FAX (612)422-7503 June 25, 1998 City of Andover 1685 Crosstown Boulevard NW Andover, Minnesota 55304 Dear Mayor McKelvey and Council Members: The Anoka County Sheriffs Office is proud to be the provider oflaw enforcement services to your community. Anoka County and the Anoka County Sheriffs Office would like to renew the contract for the City of Andover for the period of January 1, 1999 through December 31, 1999, pursuant to paragraph 5 of the current Law Enforcement contract. - Sheriffs personnel are constantly reviewing services 3nd annually prepare a summation. Based on that analysis, recommendations for current and future law enforcement needs are produced. Current contract coverage consists of forty (40) hours of coverage per day, seven (7) days per week of uniform patrol coverage, plus twelve (12) hours per day, seven days per week of unifonned Community Service Officer coverage, and one full..time school liaison deputy. The following information reviews current contract services and mformation on recommended changes to the current contract. 1. Patrol Patrol Division staff have conducted a review of current law enforcement service in Andover. The review follows the format first used by our Office and presented to the Andover City Council in 1995. Again, the purpose of the review is to evaluate the status of existing law enforcement operations and then, based on that analysis, provide recommendations for Andover's current and future law enforcement needs. The review analyzes: Demand for law enforcement services Distribution of calls by Time of Day, and by Day of Week. - !--~ I I ! ,. i Affirmative Action/Equal Opportunity Employer 1 _~"":""""'.":"'>'."":'';' l ! ,'\'dfrL\ i ~~OF"~ Ii" I '. City of Andover June 25,1998 Page 3 / "A" shift approximately - 1/2 hour "B" shift approximately - 1 l/2hours "C" shift approximately - 5 hours. 7. These figures are based on measurements that are calculated using single officer responses. However, 40% of these CFS initially require an additional or "back- up" unit. Taking into consideration the back-up rate, for each A and B shift there is an additional 1-1/4 hours of reactive activity required. 8. The deputies are left with little or no available time with which they can respond to requests for directed patrol activities. Summary 1. Insofar as Andover's population and demand for police service continues to grow, the City should increase its uniformed patrol staffing levels. Attention should be focused on both the short-term, immediate needs, as well as long-range projections and plans to accommodate anticipated needs. 2. The distribution of calls and the resultant demand on deputy time indicates that the most pressing need for service and deputy availability is between the hours of 11 :00 a.m. and 10:00 p.m. 3. The most effective time frame in which the deputies can work with citizens are the hours between 2:00 p.m. and 10:00 p.m. 4. The current level of CFS demonstrates the need for an immediate increase of at least one deputy during the 2:00 p.m.to 10:00 p.m. time block. 5. The City should set a goal of reaching a level of staffing that permits a proactive time ratio of 40%. This time ratio provides the most effective environment for providing quality police service. This means an addition of two to three deputies in the near future. 6. The City of Andover may wish to weigh the merit of a COPS MORE grant to permit the hiring of multiple deputies with an initial budgetary expenditure either at or nearly equivalent to the salary of a single deputy. \ / / City of Andover June 25, 1998 Page 4 II. Investigations Investigative services are provided to Anoka County communities in two basic forms. 1. Where the Sheriffs Office is the primary law enforcement agency, there is an investigator assigned to the Patrol Division that deals with misdemeanor and gross misdemeanor investigations. Felony investigations are done by Sheriffs personnel assigned to the Sheriffs Criminal Investigation Division (CID). 2. Communities that have their own law enforcement provider have their own investigators who do all misdemeanor, gross misdemeanor and a good share of felony investigations. Some felony cases are refereed to CID personnel for investigation. As you can see, CID investigators provide felony investigative assistance to all law enforcement agencies and communities in Anoka County. Investigators assigned to the Sheriffs Patrol Division provide investigative services only to communities where the Sheriffs Office is the law enforcement agency. / There is one significant difference between CID investigators and the investigator assigned to the Patrol Division. The investigator in Patrol takes direction directly from Sheriffs command personnel only. CID investigators take direction from Sheriffs command staff as well as the Anoka County Joint Law Enforcement Council. The Joint Law Enforcement Council was formed in 1970. For your information, attached is brief synopsis of the purpose of the Council. The Sheriff is the representative for the communities where the Sheriffs Office is the primary provider. Due to the rapid growth in some of these communities, efforts have begun to include representatives from these communities to participate in the Joint Law Enforcement Council meetings. The role of the 15 CID investigators has been discussed for some time. As the investigative needs of Anoka County have changed, the focus of these investigators has been changing as well. Investigators have been assigned to metrowide task forces dealing with narcotics investigations and gang and violent crimes investigations. Most recently, investigators are working on task forces dealing with motor vehicle thefts, and future plans will more than likely include an investigator working on a retail theft/fraud investigation task force to combat the rise in check fraud and thefts from retail stores. CID staff have always specialized in the investigation of sex related crimes, felonious assault crimes and homicide investigations. As a result, a limited amount of investigative time has been available to ,work the other felony crimes. With the need to specialize, this available time will continue to decrease. ./ / City of Andover June 25, 1998 Page 5 I am providing this information to all of our contract communities to inform them of how investigative services are provided, and to also make some recommendations. After reviewing statistics from the CID Annual Report, it appears that some communities should consider adding personnel to their contracts to investigate felony crimes in their cities. These crimes would be those other than what CID staff specialize in or will be focusing their efforts on. The resulting benefits would be to increase the time spent investigating these crimes because the investigator would focus his/her time completely on crimes occurring within the contract area. If you decide not to increase your contract services to include investigative staff, the Sheriffs Office will continue to investigate crimes. Factors such as the number of investigators available and the time available for investigation will affect our response. No case will be turned away and all Sheriffs personnel assigned to CID will take all forms of cases. However, the investigator who specializes in an area might be limited as to the time he/she can put toward each case. Included in the materials for each contract area is information on investigations and recommendations on changes in other levels of service. I encourage each jurisdiction to carefully look at the information. One possibility that some communities might consider is sharing investigative resources. City of Andover Investigative Review The City of Andover had 315 cases that were referred to the Criminal Investigations Division (CID). This represents approximately 14% of the 2,168 total cases that CID dealt with in 1998 from all Anoka County communities. Of this number, between 220 and 265 cases would not be the type of case that CID personnel would investigate under the change in focus being considered. This is approximately 60 to 70 percent of all the felony cases that were referred to CID in 1998 from Andover. The investigator assigned to the Patrol Division handling misdemeanor, gross misdemeanor, and some felony investigations dealt with a total of387 Andover investigations. This represented approximately 34% of the total cases this investigator was assigned. ! It is our recommendation that the City of Andover share the cost of a full time felony investigator with neighboring communities. Andover's growth in the past years and expected continued growth will certainly see an increase in all types of crimes and most certainly in the areas that CID will not normally deal with. The number of felony cases are rising at such a rate that additional investigative staff will be needed for all the cities. I thought to share an investigator would be an excellent way to begin adding investigative / City of Andover June 25, 1998 Page 6 staff and to better measure what is truly needed. Andover might consider sharing investigative services with community such as Ham Lake or East Bethel who have almost identical numbers of cases and contract for services with the Sheriffs Office. III. Overview of Costs of Options Option 1: Option 2: Option 3: Option 4: Total cost of maintaining current contract coverage and 1999 rates applied is $750,384. This amount is reduced by the anticipated amount of Police State Aid to be received. The latest figure received from the State for this was $5,271 per sworn deputy. Although this figure is determined by the State and is thus subject to fluctuation, this would mean $49,547 applied to the cost of the 1999 contract, leaving a net cost of $700,837. See attachment for breakdown of costs. Total cost of maintaining current contract coverage and adding eight (8) hours of uniform patrol coverage, which would provide forty-eight (48) hours per day with 1999 rates applied is $899,794. Again this amount is reduced by the anticipated amount of Police State Aid to be received. Although this figure is determined by the State and is subject to fluctuation, this would mean $49,547 applied to the cost of the 1999 contract, leaving a net cost of $850,247. See attachment for breakdown of costs. Total cost of maintaining current contract coverage and adding sixteen (16) hours of uniform patrol coverage, which would provide fifty six (56) hours per day with 1999 rates applied is $1,012,092. Again, this amount is reduced by the anticipated amount of Police State Aid to be received. Although this is determined by the State and is subject to fluctuation, this would mean $49,547 applied to the cost of the 1999 contract leaving a net cost of $962,545. See attachment for breakdown of costs. The total cost of adding one-third of a full-time felony investigator would be $33,856. See attachment for breakdown of costs. IV. Recommendation: Our recommendation to the City of Andover is: \ / City of Andover June 25, 1998 Page 7 1. Add eight hours of uniform patrol coverage, seven days per week, which would provide a total offorty-eight (48) hours per day. 2. Add investigation services to the current contract, either by sharing a full- time felony investigator with one or two neighboring communities, or by adding one (1) full-time investigator of your own. Due to a change in our process, we are later than usual in providing this information to you. I apologize for this delay and hope this causes minimal problems. Myself, Chief Deputy Peter Beberg and Captain Andersohn will be available at all times to answer your questions. Once again, the Anoka County Sheriffs Office is proud to be your law enforcement provider and will continue to work hard to maintain a high level of trust and partnership. cc: Richard Fursman - City Administrator Andover January 1999 - December 1999 Forty Hours Coverage Twelve Hours c.s.a. 365 DA YSNEAR 365 DA YSNEAR I. PERSONNEL A. Sworn Deputy Sheriff 1.) 8.40 Deputies $3,679 /month 2.) 7 Overtime (Average hours/month per Deputy) 3.) Liaison Officer B. Non-Sworn C.S.O. C. Benefits for Sworn and Non-Sworn Personnel P.E.RA (Sworn) P.E.R.A. (Non-Sworn) FICA Medicare Severance Allowance Unemployment Compensation Life Insurance Health Insurance Dental Insurance Long Term Disability Insurance Worker's Compensation Uniforms Total Benefits TOTAL PERSONNEL COSTS II. VEHICLE 2 Squads 1 Vehicle 1 Vehicle A. Police Equipped Vehicles B. C.S.O. Vehicle C. Liaison Vehicle D. Maintenance Costs 1.) Vehicle 2.) Emergency & Communications Equipment 3.) Insurance 4.) Cellular Telephone Total Maintenance Costs TOTAL VEHICLE COSTS III. Administrative Costs Administrative, Clerical, Etc. IV. TOTAL COST TO CONTRACTING MUNICIPALITY *Less Amount Received From State for Police State Aid I NET COST TO CONTRACTING MUNICIPALITY 48,989 1,929 2,848 6,231 2,036 1,167 160 43,748 2,886 1,203 9,106 4,960 41 ,066 864 1 ,488 600 $370,796 22,462 36,473 37,230 125,263 $592,224 $49,600 7,200 7,200 44,018 $108,018 $50,142 $750,384 49,547 $700,837 "This figure is determined by the State and is subject to fluctuation. The latest figure available is $5,271 per Deputy. Andover January 1999 - December 1999 '. Forty-Eight Hours Coverage Twelve Hours c.s.a. 365 DA YSfYEAR 365 DA YSfYEAR I. PERSONNEL A. Sworn Deputy Sheriff 1.) 10.08 Deputies $3,679 /month 2.) 7 Overtime (Average hours/month per Deputy) 3.) Liaison Officer B. Non-Sworn C.S.O. C. Benefits for Sworn and Non-Sworn Personnel P.E.R.A. (Sworn) P.E.R.A. (Non-Sworn) FICA Medicare Severance Allowance Unemployment Compensation Life Insurance Health Insurance Dental Insurance Long Term Disability Insurance Worker's Compensation Uniforms Total Benefits / TOTAL PERSONNEL COSTS II. VEHICLE 3 Squads 1 Vehicle 1 Vehicle A. Police Equipped Vehicles B. C.S.O. Vehicle C. Liaison Vehicle D. Maintenance Costs 1.) Vehicle 2.) Emergency & Communications Equipment 3.) Insurance 4.) Cellular Telephone Total Maintenance Costs TOTAL VEHICLE COSTS III. Administrative Costs Administrative, Clerical, Etc. IV. TOTAL COST TO CONTRACTING MUNICIPALITY , *Less Amount Received From State for Police State Aid , / NET COST TO CONTRACTING MUNICIPALITY 57,956 1,929 2,848 7,372 2,407 1,364 188 51,566 3,402 1 ,423 10,639 5,632 48,092 9,796 1,860 900 $444,955 26,954 36,473 37,230 146,726 $692,339 $74,400 7,200 7,200 60,648 $149,448 $58,007 $899,794 49,547 $850,247 'This figure is determined by the State and is subject to fluctuation. The latest figure available is $5,271 per Deputy. Revenue received is for previous year Deputy hours Andover January 1999 - December 1999 Fifty-Six Hour Coverage Twelve Hours c.s.a. 365 DA YSNEAR 365 DA YSNEAR I. PERSONNEL A. Sworn Deputy Sheriff 1.) 11.76 Deputies $3,679 /month 2.) 7 Overtime (Average hours/month per Deputy) 3.) Liaison Officer B. Non-Sworn C.S.O. C. Benefits for Sworn and Non-Sworn Personnel P.E.R.A. (Sworn) P.E.R.A. (Non-Sworn) FICA Medicare Severance Allowance Unemployment Compensation Life Insurance Health Insurance Dental Insurance Long Term Disability Insurance Worker's Compensation Uniforms Total Benefits / TOTAL PERSONNEL COSTS 11. VEHICLE 3 Squads 1 Vehicle 1 Vehicle A. Police Equipped Vehicles B. C.S.O. Vehicle C. Liaison Vehicle D. Maintenance Costs 1.) Vehicle 2.) Emergency & Communications Equipment 3.) Insurance 4.) Cellular Telephone Total Maintenance Costs TOTAL VEHICLE COSTS 111. Administrative Costs Administrative, Clerical, Etc. IV. TOTAL COST TO CONTRACTING MUNICIPALITY *Less Amount Received From State for Police State Aid , / NET COST TO CONTRACTING MUNICIPALITY 66,922 1,929 2,848 8,512 2,778 1,561 217 59,385 3,917 1,644 12,173 6,304 52,110 9,796 1,860 1,200 $519,114 31 ,446 36,473 37,230 168,189 $792,453 $74,400 7,200 7,200 64,966 $153,766 $65,872 $1,012,092 49,547 $962,545 -This figure is determined by the State and is subject to fluctuation. The latest figure available is $5,271 per Deputy. Revenue received is for previous year Deputy hours Investigator Forty Three Hours per Wk, Five DayslW January 1999 - December 1999 260 DA YSNEAR 1. PERSONNEL A. Sworn Deputy Sheriff 1.) 1.00 Investigator $4,481 /month 2.) 7 Overtime (Average hours/month per Investigator) 3.) Fill in vacation, days off, etc. B. Benefits for Sworn Personnel P.E.R.A. (Sworn) Medicare Severance Allowance Unemployment Compensation Life Insurance Health Insurance Dental Insurance Long Term Disability Insurance Worker's Compensation Uniforms Total Benefits TOTAL PERSONNEL COSTS / II. VEHICLE A. Police Equipped Vehicles 1 Squads B. Maintenance Costs 1.) Vehicle 2.) Emergency & Communications Equipment 3.) Insurance 4.) Cellular Telephone Total Maintenance Costs TOTAL VEHICLE COSTS 111. Administrative Costs Administrative, Clerical, Etc. IV. TOTAL COST TO CONTRACTING MUNICIPALITY *Less Amount Received From State for Police State Aid NET COST TO CONTRACTING MUNICIPALITY 7,156 910 299 157 17 4,654 307 176 1,224 200 2,250 o 372 300 $53,776 3,030 5,964 15,099 $77 ,870 $14,500 2,922 $17,422 . $6,277 $101,569 o $101,569 /This figure is determined by the State and is subject to fluctuation. The latest figure available is $5,271 per Deputy. Revenue received is for previous years hours worked AUTHORITY AND RESPONSIBILITY OF THE ANOKA COUNTY JOINT LAW ENFORCEMENT COUNCIL To understand the authority of the Council, you must first understand its history. The Council was created in 1970 for two basic reasons. At that time there was a lot of interest generated by the Metropolitan Council and Minneapolis Mayor Art Naftlin in a metropolitan police force. Such a concept was not well received by the law enforcement community in Anoka County. While it was conceded that some aspectsoflaw enforcement might be handled better on a regional basis, the size of the region proposed and the broad inclusion of all law enforcement in one agency just seemed unworkable. The concern about metro police and recognition of the validity of some county-wide approach to certain aspects of law enforcement was the first and most significant reason for the creation of the Council. The concept was simply that by forming a county-wide law enforcement authority, we could demonstrate that it was not necessary to go to a metro level to obtain the regional benefits. In addition, it was believed that we could gain some real benefits by addressing the aspects of law enforcement that we conceded could be addressed on a county-wide basis. The second reason for forming the Council was to take advantage of the very substantial money flowing out of Washington, D. C. in the form ofLEAA grants. This was an opportunity for federal funding that only occasionally will appear. To obtain a grant, you need a concept and the people who could secure the grant. Fortunately, we had both, the concept and the people. A lot of hard work went into creating the Council, securing grants and making the concept work. A number of issues had to be resolved. We first secured a grant to fund a study which would suggest the areas of law enforcement that were most appropriate for the Council to undertake. The study suggested that the areas were: I. A major crime investigation unit; 2. County-wide training; 3. Central communications; 4. Central records; 5. Central recruiting and lateral transfer. Joint Law Enforcement Council Page 2 We were then successful in obtaining a very significant grant which in large part provided the funding to accomplish the first three areas and perform some work on centralization of records. While there was some discussion on where the investigation, training and communications were going to be situated, the County was the only real alternative. In the first place, the investigators needed county-wide police powers. The sheriff was, and probably still is, the only authority who could give them such powers as deputy sheriffs. Secondly, the County was the only place large enough to house all these services. Lastly, but significantly, the County was, and is, the governmental unit to provide the funding. The inability of the Council to directly levy taxes, together with the language of the agreement itself, anticipates that the County will "make such alterations in the budget as they deem proper and necessary and shall proceed to levy taxes as needed to find the budget as approved." Such a budgetary control will naturally call for a close relationship with the entity being funded. There never has been a contract prepared or executed be~:veen the Council and the sheriff or the County which defines exactly the nature of the respective authority or responsibility. The concept worked, and I believe it simply appeared to all that forcing a documentation of what was at times a fragile relationship would not have been productive. From the point of making the decision to house the units with the sheriff, it appeared only reasonable to have the sheriff assume 9ther administrative control, responsible, however, to the Council for work direction. As time had gone on, the Council had been less active. Some members had complained of frustration at what they saw as a reduced role of the Council. This frustration was under- standable. The Council had not brought forward any new concepts to explore, evaluate and implement. The existing concept was being capably administered. Like the owner of a business that is being successfully managed by his professional staff, the Council was experiencing a feeling of uselessness. The Council has since taken an active role. The Council has the authority to direct the work performed by the CID Investigators, central communications and the training officer. New and additional funding sources are being explored. A different emphasis on areas or types of law enforcement are being analyzed. Excerpts taken from memo dated 2/25/8\ RE: Authority & Responsibility of the Anoka County loint Law Enforcement Council by County Attorney Robert M.A.. Chair of lLEC I / / r.- ::s o :I: :>.. .c rn LL U o o ex) o o I'- o o CO o o 1.0 o o '<:t o o (") o o N o o ..- I (") N I N N I ..- N I 0 N I 0) ..- I ex) ..- I I'- ..- I CO ..- I 1.0 ..- I '<:t ..- I (") ..- I N ..- I ..- ..- I 0 ..- I 0) I ex) I I'- I CO I 1.0 I '<:t I (") I N I ..- I 0 0 / 'C u.. ~ (1) (1) ;: :J .c / I- o o CO ..- o o <0 '<""'" o o o;;t -.:- o o N -.:- o o o ..- o o CO o o <0 o o <;t o o N c: :J en - co en "'0 Q) $ Q) :J I- c: o ~ o I- m Q) >- ~ .c CI) LL U o o o N ..- o o o o ..- o o o co o o o (0 o o o v o o o N I"- C>> C>> ..- (0 C>> C>> ..- 1.0 C>> C>> ..- v C>> C>> ..- M C>> C>> ..- o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 1. 1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson,~t Engineering ITEM NO. Discuss Cost Share w/Anoka County Parks Dept.! 98-17/Bikeway-Walkway/Bunker Lk. Blvd. from \ Hanson Blvd to Round Lk. Blvd. \ J, The City Council is requested to discuss the funding for the construction of a bikeway/walkway trail along Bunker Lake Boulevard between Hanson Blvd. and Round Lake Blvd. It was generally discussed with the Council that a trail at this location may want to be included with the County's project to reconstruct Bunker Lake Blvd. next year. This segment of trail is identified in both the City's and the County's trail plan. As the Bunker reconstruction project has developed rather quickly, neither the City nor the County has specifically budgeted funds for this trail improvement. Having met with the County I Park and Recreation Department, it was discussed that a joint effort between the City and the County may provide mutual benefits to both agencies. It was further discussed that a cost sharing effort may make it feasible to have this trail construction included with the Bunker Lake Blvd. project next year. If the Council is agreeable to a cost share on this trail, a 50-50 split has been suggested. The County Parks and Recreation Department is concurrently presenting this issue to their Park Board and County Commissioners for review and approval. The City's portion of the funding for this trial could come from TIF funds, State Aid Funds, Park Bond (Currently Being Discussed), or a combination of these funding sources. If this funding split is agreeable to both the City Council and the County Commissioners, the County would have this included in their Joint Powers Agreement for this project which will be presented to the Council in the near future. , . / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE:September 1, 1998 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion City Cler. k;\ 6'U' ITEM NO. ~~oPt Ordinance Amending Cable Franchise The Cable TV franchise expires on September 18, 1998. However, the Quad Cities Cable Communications Commission has recommended that the franchise be extended to March 18, 1999 to give the Commission time to negotiate the renewal of the franchise. Attached is the ordinance amendment for your review and approval. . , CITY OF ANDOVER COUNTY OF ANOKA ST ATE OF MINNESOTA ORDINANCE NO. 59E AN ORDINANCE AMENDING CABLE FRANCHISE ORDINANCE NO. 59, ARTICLE II., SECTION 4, FRANCHISE TERM. THE CITY COUNCIL OF THE CITY OF ANDOVER ORDAINS: SECTION 1. Ordinance No. 59, Article II., Section 4, Franchise Term, is hereby amended to read: Section 4. Franchise Term This Franchise shall commence upon acceptance by Grantee and shall expire on March 18, 1999. SECTION 2. This ordinance shall be effective upon passage and official publication. Adopted by the City Council of the City of Andover this 1st day of September, 1998. CITY OF ANDOVER Attest: J. E. McKelvey - Mayor Victoria Volk - City Clerk Accepted by Grantee this day of ,1998: GROUP W OF THE QUAD CITIES, INC. By: , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Seotember t. t 997 ITEM NO. ASUP 98-14 Above Ground Fuel Tank 3118 162nd Lane NW Ace Solid Waste ORIGINATING DEPARTMENT Planning John Hinzman, 1\1 City Planner AGENDA SECTION Non-Discussion Item \3. Reauest The City Council is asked to review the Amended Special Use Permit request of Ace Solid / Waste to replace a 3,000 gallon underground storage tank with a temporary 2,500 gallon above ground storage tank for diesel fuel on property located at 3118 162nd Lane NW (PIN 16-32-24-23-0023), legally described on the attached resolution. The City Council approved an Amended Special Use permit for a 10,000 gallon underground storage tank at this site on July 7, 1998 with a one year sunset clause. The applicant proposes to install the underground storage tank in conjunction with parking lot improvements over the next year. The proposed above ground tank is needed because existing tank must be removed by the end of 1998. Planninl! and Zoninl! Commission Action The Planning and Zoning Commission recommended approval of the special use permit at the August 11, 1998 meeting. Please consult the attached staff report and minutes for more information. .J J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE BULK STORAGE OF LIQUID FUELS AT ACE SOLID WASTE PURSUANT TO ORDINANCE NO.8, SECTION 4.26 ON PROPERTY LOCATED AT 3118 162ND LANE NW (pIN 16- 32-24-23-0023). WHEREAS, Ace Solid Waste has requested an Amended Special Use Permit to allow for the replacement of a 3,000 gallon underground storage tank with a temporary above ground 2,500 gallon storage tank pursuant to Ordinance No.8, Section 4.26 on property located at 3118 162nd Lane NW, legally described as follows: The east 250 feet of the west 650 feet of the south 433 feet of the north 2184.99 feet of the West Half of the Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota; except road, subject to easements of record. / WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 4.26; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following conditions: 1) That the applicant shall provide to the City, in writing, proof that the tanks meet all State and Federal requirements and installation regulations. 2) That the Andover Fire Chief inspect the above-ground tank's installation. '. / Page Two Amended SUP - Storage of Bulk Liquid Fuels Ace Solid Waste September 1, 1998 3) That a one year time limit be imposed from the adoption of this resolution for the removal of the proposed above-ground tank from the site. 4) That concrete bollards be installed around the tank. Adopted by the City Council of the City of Andover on this 1st day ofSeotember, 1998. CITY OF ANDOVER J.E. McKelvey, Mayor ATTEST: / Victoria V olk, City Clerk / \ Regular Planning and Zoning Commission Meeting / Minutes - August ll. 1998 Page 3 PUBLIC HEARING: AMENDEDSPEClAL USE PERMIT - TEMPORARY ABOVE GROUND . FUEL TANK-3118162NDLANENW-ACESOLID WASTE 7:54 p.m. Mr. Johnson reviewed the request of Ace Solid Waste for an Amended Special Use Permit to replace a 3,000-gallon underground storage tank with a temporary 2,500-gallon above-ground storage tank for diesel fuel at 3118 162nd Lane NW. Staff is recommending approval with. . conditions. Acting Chairperson Peek opened the hearing for public testimony. 7:58 p.m. Dou~ Lawrence. representing Ace Solid Waste - explained Federal regulations require the underground tanks to be removed by December 31, 1998. The temporary storage tank will then be placed in about the same location. They have permission to install a 10,000-gallon underground storage tank. but the drawings haven't been done for the new buildings, so they don't know where that location will be yet. That is why they are requesting the temporary storage tanks. Commissioner Wells asked if both the underground and temporary tanks will be used at the same time. Also, what happens if they find contamination of the soil when the old tank is removed. Mr. Lawrence - stated no. The underground tank will be removed and destroyed the day it is pulled , out. Test wells haven't shown any problems with the soil, but more tests will be taken and the soil / sent to $e lab for analysis. The Fire Chief will be on the property when the old tank is pulled out. Motion by Apel, Seconded by Wells, to close the public hearing. Motion carried on a 5-Yes, 2- Absent (Squires, Luedtke) vote. 8:01 Commissioner Jacobson felt the proposed Resolution is confusing, as it is to address only the temporary above-ground storage tank. Commissioner Wells wanted a contingency that the above- ground tank would not be installed until the below-ground tank is removed and empty. She was concerned with spillage and cleanup, especially with houses only 700 feet away. Other Conurussioners did not see the relevancy, as the intent is the old tank will be removed and a new one installed, but in the meantime, this is a temporary tank. Motion by Jacobson, Seconded by Apel, the Resolution with changes under the NOW, THEREFORE, BE IT RESOLVED: 1) That the applicant shall provide to the City, in writing, proof that the above-ground tank meets all State and Federal requirements and installation regulations. 2) That the Andover Fire Chief inspect the above-ground tank's installation. 3) That a one-year time limit be imposed from the adoption of this Resolution for the removal of the proposed above-ground tank from the site. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote. This will be on the September 1,1998, City Council agenda. 8:08 p.m. J ..' CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: AUl!\.lst t t. t 998 ITEM NO. 4 ORIGINATING DEPARTMENT ASUP 98- t 4, Bulk Storage of Liquid Fuels 3 t t 8 t 62nd Lane NW Ace Solid Waste Planning John Hinzman City Planner Reauest The Planning and Zoning Commission is asked to review the Amended Special Use Permit request of Ace Solid Waste to replace a 3,000 gallon underground storage tank with a temporary 2,500 gallon above ground storage tank for diesel fuel on property located at 3118 162nd Lane NW (pIN 16-32-24-23-0023), legally described on the attached resolution. \ / The property is zoned I, Industrial. Applicable Ordinances Ordinance No.8, Section 4.26, establishes the criteria for a Special Use Permit for all uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids. Ordinance No.8, Section 5.03, regulates the Special Use Permit process as well as the Amended Special Use Permit process and outlines the following criteria for review: 1) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2) The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on the values of property and scenic views in the surrounding area. , / 4) . The effect of the proposed use on the Comprehensive Plan.. Page Two ASUP 98-14, Ace Solid Waste 3118 162nd Lane NW August 4, 1998 Adiacent Zonin!! and Land Use North - East South - West - I, Emmerich Wood Products, Custom Finishes etc. I, Gilbertson Block Co. I, Andover Liquor I, various industrial businesses General Review The original tank was installed during the 1970's. Federal regulations stipulate that all tanks constructed before 1980 must have additional protection to prevent rusting. The proposed tank would be encased within a concrete vault and located'within a fenced storage area near the main building. The nearest residence is over 700feet from the site. A one year time limit would be placed on the tank. Preliminary review by the Fire Department does not indicate any safety concerns. / The City Council approved an Amended Special Use permit for a 10,000 gallon underground storage tank at this site on July 7, 1998 with a one year sunset clause. The applicant proposes to install the underground storage tank in conjunction with parking lot improvements over the next year. The proposed above ground tank is needed because existing tank must be removed by the end of 1998. Commission ODtions 1. The Planning and Zoning Commission may recommend to the City Council approval of the Amended Special Use Permit request of Ace Solid Waste on property located at 3118 162nd Lane NW legally described on the attached resolution. The Commission finds the request meets the requirements of Ordinance No.8 2. The Planning and Zoning Commission may recommend to the City Council denial of the Amended Special Use Permit request of Ace Solid Waste on property located at 3118 162nd Lane NW legally described on the attached resolution. The Commission finds the request does not meet the requirements of Ordinance No.8. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. Page Three ,/ ASUP 98-14, Ace Solid Waste 3118 162nd Lane NW August 4, 1998 Staff Recommendation Staff recommends approval with the following conditions: 1) That the applicant shall provide to the City, in writing, proof that the tanks meet all State and Federal requirements and installation regulations. 2) That the Andover Fire Marshall inspect the tank and its installation. 3) That a one year time limit be imposed from the adoption of this resolution for the removal of the proposed tank from the site. 4) That concrete bollards be installed around the tank. Attachments / . Resolution . Location Map . Site Plan . Amended Special Use Permit Application . Notice of Public Hearing '. , I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE BULK STORAGE OF LIQUID FUELS AT ACE SOLID WASTE PURSUANT TO ORDINANCE NO.8, SECTION 4.26 ON PROPERTY LOCATED AT 3118 162ND LANE NW (pIN 16-32-24-23-0023). WHEREAS, Ace Solid Waste has requested an Amended Special Use Permit to allow for the replacement of a 3,000 gallon underground storage tank with a temporary above ground 2,500 gallon storage tank pursuant to Ordinance No.8, Section 4.26 on property located at 3118 162nd Lane NW, legally described as follows: "'-. / The east 250 feet of the west 650 feet of the south 433 feet of the north 2184.99 feet of the West Half of the Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota; except road, subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 4.26; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of AndilV hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following cei' ns: {).Ip.~ ..(f(.. 1) That the applicant shall provide to the City, in writing, proof that the ~s meet all State and Federal requirements and installation regulapons. i~ t,fl..- 4,w.~ 1-.11-. 2) That the Andover Fire Chief inspect auk remov&l and installation. Page Two Amended SUP - Storage of Bulk Liquid Fuels Ace Solid Waste August 4, 1998 3) That a one year time limit be imposed from the adoption of this resolution for the removal of the proposed tank from the site. 4) That concrete bollards be installed around the tank. Adopted by the City Council of the City of Andover on this 1st day of September, 1998. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor / Victoria V olk, City Clerk Ifii:\ City of :~ Andover . -' ASUP 98-14 - Ace Solid Waste 3118 162nd Lane NW ~ 163RD LN / 161ST AVE Source~ Andover GIS Anoka County GIS ~ s (:l u o >..:1 s:: .0 .::: u ~ ~ ~ NLimits_a.shp ", Strtnam.shp _ ) AI Section Lines i>an:els.shp Blot I Parcel Boundaries Right-of-Way o Water Features N + o I 300 Feet I 07-29-1998 11:46 612 427 3110 P.02 '~op.tty Addr..s Legal De.orlp~lon at property'. I (F111 in wh~oh.Y.~ 1. .pprop~i.t.)1 ~ot Block ___~ Add! I PIN .ill> ~:> ~'t ~~ ~~ (If .UI ancS bouncSlI attach , r tb.!coaplet. 1.9.1 : I d..q~1p~lon.) I. the property: Ab.traot~' i ot orrin. , (Thll lnforaatlon aust be prOY14~lo.n obtainlQ ~rga the countv.) . I . M_N_"a_--..M...-----M-~--~--"-M-r-~M.. .. \ I I Nam. of Add,e.. ROlle Phone phon. ate ~/~ ~______--__H------~M_-~-W~. ---.......-".,.. . # .rop.~t Own.~ cr.. OVfter) . . (If! dlffuent from above) . : I s~~~ I ~ 5N~ Aclclr... Bom. Phone. Il1qnature 'hone Date ~ __"NN-------~N_----.--~--.. .0"d S3~1^~ "'1'lf~11\IG CltMJW us:esesa.e e. un Lee.-e~-Ll!l , / CITY of ANDOVER CITY OF ANDOVER . COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a Pl1blicb~g at' 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, August n, 1998 atAndov~ . City Hall, 1685 Crosstown Boulevard NW,'Andover, Minnesota to'review the Am. ended c. > Special Use Permit request of AceSolid Wasteto replace a 3,000 gallon undergrouild. ..' .c.: storage tank with a temporaryJ,OOO gallon above ground st()ragetank for the bulle" ." .'" storage of gasoline at 3118 162nd Lane NW (pIN 16-32-24':'23':'0023) legally. d~ribedas follows: ,.,' . The east 250 feet of the west 650 feet of the south 433 feet of the north. 2184.99 feet of the West Half of the Northwest Quarter of Section 16,' . Township 32, Range 24,Anoka County, Minnesota; except road, subject . to easements of record.: . /. . 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. . .. . ~ ~L.~ Shirley ~ton, Deputy City Clerk' Publication dates: July 31,1998 August 7, 1998 , , / PIN 163224230016 LARSON JAMES M 3(lO~ 162NDLNNW J. 'OVER MN 55304 '-. / PIN 163224230024 D & E CABINETS 3138-162ND LANE NW ANDOVER MN 55304 PIN 163224230020 A VR INC 6801 W 150TH ST APPLE VALLEYMN 55124 PIN 163224230013 EMMERICH ALOIS W 3115 -162ND LN ANDOVER MN 55304 PIN 163224230019 A VR INC 16191 ROUND LAKE BLVD ANDOVER, MN 55304 PIN 163224230010 CUSTOM FINISHES INC 3139162NDLNNW ANDOVER MN 55304 PIN 163224230011 ACE SOLID WASTE INC 3118 162ND LN NW ANDOVER MN 55304 PIN 163224230001 KOWAL JOSEPH V & RITA C 3121161STAVENW ANDOVER MN 55304 PIN 163224230022 GILBERTSON BLOCK COMPANY 3098 162ND LANE NW ANDOVER MN 55304 PIN 163224230018 LINDQUIST RICK D 16191 ROUND LAKE BLVDNW ANDOVER MN 55304 PIN 163224230002 JOHNSON WALTER A 17450 TULIP STNW ANOKA MN 55303 PIN 163224230005 F & M MRKTING & LEASING INC 11759 UNDERCLIFF ST NW COON RAPIDS MN 55433 " . / , . / O ._- -:- - - -,".-:-. ,- ™ ~~... ',.... :'...... _'_ ~"""'':::'.'''''''-''_'~. _A~:" I ~~:lJAu:.''r.1 Amco~~ '. , ; VAULTED FUEL STORAGE SYSTEMS ~ POLLUTION SOLUTIONS 6640 INDUSTRY AVE. NW. RAMSEY, MN 55303. (612) 323-3548.1-800-480-3548. FAX (612) 323-3526 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September L 1998 / AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Special Use Permit Retail Trade and Services in an Industrial District 13440 Hanson Boulevard NW JB~ Landscaping and Irrigation, Inc. 14. ReQuest The City Council is asked to review and approve the Special Use Permit of JBS Landscaping and Irrigation, Inc. to allow for the operation of a landscaping and irrigation business (retail trade and services) on the property located at 13440 Hanson Boulevard NW. / The Planning and Zoning Commission reviewed this request at their August 11, 1998 meeting and recommends approval (unanimously) to the City Council. Please review minutes. A resolution is attached for your review. i . / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF JBS LANDSCAPING AND IRRIGATION INC. TO ALLOW FOR THE OPERATION OF A LANDSCAPING AND IRRIGATION BUSINESS (RETAIL TRADE AND SERVICES) ON THE PROPERTY LOCATED AT 13440 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS LOT 31, BLOCK 1, ECHO WOODS ADDITION. WHEREAS, JBS Landscaping and Irrigation, Inc. has requested a Special Use Permit to allow for the operation of a landscaping and irrigation business (retail trade and services) on the property located at 13440 Hanson Boulevard NW, legally described as Lot 31, Block 1, Echo Woods Addition; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not depreciate surrounding property values; and the use is consistent with the Comprehensive Plan; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow JBS Landscaping and Irrigation Inc., to operate a landscaping and irrigation business (retail trade and services) on the above described property with the following conditions: 1) No outside storage of landscaping and irrigation supplies or any other materials (with the exception of vehicles) that are associated with the operation of the business shall be permitted. 2) The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). / 3) Subject to attaining the necessary permits from the permitting state agencies for fertilizer storage (iffertilizer needs to be stored on-site). / 4) Subject to adequate parking space per City ordinances. 5) The Special Use Permit shall be subject to annual review and site inspection by City Staff. Adopted by the City Council ofthe City of Andover on this I st day of September, 1998. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk J.E. McKelvey, Mayor . / / r '0 CITY OF ANDOVER " _J REQUEST FOR PLANNING COMMISSION ACTION August 11, 1998 AGENDA ITEM 3. Public Hearinl!: S.U.P. Retail Trade and Services in an Industrial Zoned District 13440 Hanson Blvd. NW JBS Landscaoinp" and Irrip"ation Inc. DATE ORIGINATING DEPARTMENT Planning Jeff Johnson APPROVED FOR AGENDA BY: BY: REQUEST The Planning and Zoning Commission is asked to review the Special Use Permit request of JBS Landscaping and Irrigation, Inc. to operate a commercial landscaping (retail trade and services) at 13440 Hanson Boulevard NW, legally described as Lot 31, Block 1 Echo Woods Addition. The property is zoned I, Industrial. , APPLICABLE ORDINANCES / Ordinance No.8, Section 5.03 - Special Uses. Ordinance No.8, Section 5.03 regulates the Special Use Permit process. The following criteria shall be considered prior to granting the Special Use Permit: 1. The effect of the proposed use upon the health, safety, morals and general welfare of the occupants adjacent to the property. 2. The existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. 3. The effect on the values of property and scenic views in the surrounding area. 4. The use itself and the consistency with the Comprehensive Plan. Ordinance No.8. Section 7.03 - Uses Allowed bv Special Use Permit (Industrial District) "\ / Ordinance No.8, Section 7.03 lists those uses allowed by Special Use Permit. In an Industrial District, retail trade and services are allowed by Special Use Permit. " Page Two Special Use Permit JBS Landscaping (98-13) '. / GENERAL REVIEW OF APPLICATION The applicant is requesting to operate a landscaping and irrigation business in which supplies would be offered for sale on-site. These supplies include poly, edging, irrigation supplies, tools, fertilizer and the like. The applicant has indicated to staff that all supplies and materials would be stored in a building on said property. There will be no exterior storage. COMMISSION OPTIONS 1) Approval. The Commission may recommend approval to the City Council of said request. The Commission finds the request meets the requirements of the Zoning Ordinance. The Commission may recommend denial to the City Council of said request. The Commission finds the request does not meet the requirements of the Zoning Ordinance. 2) Denial. / 3) Table. The Commission may table the item pending further information from staff and/or the applicant. , / I'fii:\ City of ~ Andover SUP 98-13 - JBS Landscaping 13440 Hanson Blvd . / I \ \ I \ \ BUNKER LAKE BLVD f--/ ~l C/) ::J) 0 . q ~ 1-- , D COMMERCIAL SC.fC ~oject Location: -t~~~ ~ ~ ~ L/ co J) z . f--- L--L----------' 34T~ LN I ~- 0 ~'-----'-------I- C/) ,,\ z >~ rJ I~ <( M .\. L----- ::;: I ~ :: Iii - '" i:i: - j i:j: ~ \/9 ---j C1-~1 ~ ...:J - :; ;~ ... - - \ VE ~ /' 1':l.':l.Qn 11\/r= " / Sources: Andover GIS Anoka County GIS N Limits_a.shp Strtnam.shp AI Section Lines ParCels.shp o Lot I Parcel Boundaries D Right..{)f-Way o Water Features N + o 300 Feet , \ . / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . AND.VER, MINNESOTA 55314 . (612) 755-51" SPECIAL USE PERMIT 13412 - 13440 HANSON BLVD. (13420) Property Address Legal Description of property: (Fill in whichever is appropriate):. Block 1 Addi tion ECHO WOODS Lot 31 (If metes and bounds, attach the complete legal description.) Is the property: Abstract or Torrens ? (This information must be provided and can be obtained from the County. ) ----------------------------------------------------------------- PIN Reason for Request CUSTOMERS AND CITIES. TO SELL LANDSCAPE SUPPLIES FOR FUTURE AND CURRENT ITEMS WILL INCLUDE POLY, FABRIC, EDGING, IRRIGATION SUPPLIES, TOOLS AND FERTILIZER. LICENSE NO. 20045257 AND LICENSE NO. 20045801. J DEPARTMENT OF AGRICULTURE Section of Ordinance 5.03/7.03 Current zoning I INDUSTRY ----------------------------------------------------------------- Name of Applicant JBS LANDSCAPING AND IRRIGATION, INC. Address 1765 132ND LN NW COON RAPIDS MN 55448 / CG/{ Home Phone 757-8449 Business phone 757-5402 761- ;57/6-0 Signature ~~~ ~;/ Date 7/9/98 ----------------------------------------------------------------- property Owner (Fee Owner) (If different from above) NW COMMERCIAL Address 13440 HANSON BLVD. H~me Phone 754-291O~ ~ Business phone 427-7510 s~gnature_ ~_~ Date 744>r ----------------------------------------------------------------- / / l SPECIAL USE PERMIT PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and North arrow; dimension of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property . Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property Torrens property Mailing labels ~ $150.00 $100.00 7:P x,. V (j)' ~ $40.00 ($15.00) Thite1>iid Receipt # 6~1f)( J ?)ctS1 1/?r< Ifj~ Rev. 5-06-93:d'A 5-04-94:bh 2-01-95:bh 3-22-95:bh 9-30-96:bh 1-07-97:bh 6-03-98:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. :supapp , \ " '. - CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, August 11, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to consider the Special Use Permit request of JBS Landscaping and Irrigation, Inc. to sell landscape supplies on the property located at 13440 Hanson Boulevard NW, legally described as Lot 31, Block 1, Echo Woods. " All written and verbal comments will be receiyed at that time and location. A copy of the application will be available at Andover City Hall for review prior to said meeting. \ / J/~" ~/,.;~ Shirley ~inton, Deputy City Clerk Publication Dates: July 31, 1998 August 7, 1998 :' \ PIN 353224320001 ANOKA COUNTY HWY DEPT 2100 3RD AVENUE ANOKA MN 55303 / '\, '--./ PIN 343224440051 PHILP JAMES A & LEPSCHE T J 13361 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440034 PERRY R A & HALVORSON P L 13487 IBIS ST ANDOVER, MN 55304 PIN 343224440041 URGELLO EVELYN E & KORAN K D 13498 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440040 HARDTKE CHRISTOPHER & KELLEY 13486 HUMMINGBIRD ST ANDOVER, MN 55304 '\ , /343224440050 HARTNADY MICHAEL V & ANN S 13381 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440044 GENGLER JASON P 13471 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440045 KRASNY BRIAN R & CRUM DANlELLE 13459 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440073 BORNES DEAN F 13442 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440074 "JARDINS TOD R & TERI K '1"..22 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224410007 KOTIKES' BUS SERVICE INC 13625 JAY STREET NW ANDOVER MN 55304 PIN 353224330001 ANOKA COUNTY 2100 3RD AVE ANOKA MN 55303 PIN 343224440021 MINDT BRUCE H & THERESA L 13350 HANSON BLVD NW ANDOVER MN 55304 PIN 343224440042 PARSONS MATTHEW R & SULLIVAN N 13495 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440077 BREZINKA BRIAN D & TERI L 13362 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440039 BAUTCH BENJAMIN C 13474 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440037 LANDSTROM DARRIN A & JEANINE A 13463 IBIS ST ANDOVER, MN 55304 PIN 343224440046 TSCHIDA MICHAEL A & TRACEE L 13447 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440047 SINCLAIR KELLY L 13431 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440076 ENDRUD STEVEN M 13382 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224410006 STREICH ROGER D & DARLENE A 13530 HANSON BLVD ANDOVER, MN 55304 PIN 343224440033 SHANKEY TlFFANlE L & GREGORY B 13491 IBIS ST ANDOVER, MN 55304 PIN 343224440078 COUNTRY RIDGE PARTNERSHIP 10738 HANSON BLVDNW COON RAPIDS MN 55433 PIN 343224440043 HOFMANN JOHN R & KELLI A 13483 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440035 HOWE JEFFREY A & MYERS DAWN R 13483 IBIS ST ANDOVER, MN 55304 PIN 343224440036 KAST ROBERT J & AUDRY E 13475 IBIS ST ANDOVER, MN 55304 PIN 343224440038 LOECKE SCOTT J 13462 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440072 JACOBSON DALE A & POLLMAN J A 13443 IBIS ST ANDOVER, MN 55304 PIN 343224440071 COENEN WILLIAM J & REBECCA A 13423 IBIS ST ANDOVER, MN 55304 PIN 343224440048 BOLSTAD JEFFREY D & KRISTINE M 13415 HUMMINGBIRD ST ANDOVER, MN 55304 PIN 343224440075 RIEGE GERALD A & BROWN T R 13402 HUMMINGBIRD ST ANDOVER, MN 55304 , '\ , / PIN 343224440049 CARLIN JOHN H & ZEMKE KAY A 13397 HUMMINGBIRD ST ANDOVER, MN 55304 " , / " , / PIN 343224440070 BLAKE TODD P & HOLLY M 13403 IBIS ST ANDOVER, MN 55304 PIN 343224440020 MINDT BRUCE H & THERESA L 13350 HANSON BLVD ANDOVER, MN 55304 '\ , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF JBS LANDSCAPING AND IRRIGATION INC. TO ALLOW FOR THE OPERATION OF A LANDSCAPING AND IRRIGATION BUSINESS (RETAIL TRADE AND SERVICES) ON THE PROPERTY LOCATED AT 13440 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS LOT 31, BLOCK 1, ECHO WOODS ADDITION. WHEREAS, JBS Landscaping and Irrigation, Inc. has requested a Special Use Permit to allow for the operation of a landscaping and irrigation business (retail trade and services) on the property located at 13440 Hanson Boulevard NW, legally described as Lot 31, Block 1, Echo Woods Addition; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Sections 5.03 and 7.03; and " WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare ofthe occupants of the surrounding lands; the use will not depreciate surrounding property values; and the use is consistent with the Comprehensive Plan; and " / WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow JBS Landscaping and Irrigation Inc., to operate a landscaping and irrigation business (retail trade and services) on the above described property with the following conditions: 1) No outside storage of landscaping and irrigation supplies or any other materials '-\ 1'H,"" \ v associated with the operation of the business shall be permitt~d. t/J' ,'", ~ I I t'i-tl;f rldl' till ~ t ~ 2) The Special Use Permit shall be subject to a sunselc1ause as defined in Ordinance tl",- lJV No.8, Section 5.03(D). J~1ft ~ " 3) The Special Use Permit shall be subject to annual review and site inspection by City Staff. ,,- j-, t. " J ~\ ) . A. ~ .( ., \' " If ' v~'J ,. (. , SJ)\ l"~ 7\ \ (,.I)l ;. , W II"f U Ii"""'\. ~.r'J " \. ) , \ ./ . / \ J Adopted by the City Council of the City of Andover on this _ day of 1998. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J.E. McKelvey, Mayor CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September I, 1998 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Item Public Works Frank Stone ITEM NO. ,~. Approve Bids/Andover Sale of Used Furniture & Equipment REOUEST: The City Council is requested to approve bids from the City sale of used furniture and equipment. Attached are the bid results for your review. , . , ANDOVER SALE OF USED FURNITURE AND EQUIPMENT Bid Tabulation Sheet Undated 8/27/98 I ALL ITEMS SOLD IN "AS IS" CONDITION BIDS ARE NOT VALID UNLESS APPROVED BY ANDOVER CITY COUNCIL AT THEIR SEPTEMBER 1, 1998 MEETING. AS ALWAYS, ANDOVER CITY COUNCIL RETAINS THE RIGHT TO REJECT ANY AND ALL BIDS AND TO AWARD THE BIDS IN THE BEST INTEREST OF THE CITY. IF APPROVED, ITEMS WILL BE AVAILABLE FOR PAYMENT AND PICK-UP BEGINNING WEDNESDAY, SEPTEMBER 2,1998 AT 8:30 A.M. PLEASE PAY FOR ITEMS AT ANDOVER CITY HALL, 1685 CROSSTOWN BLVD., NW, ANDOVER, MN 55304. (In case of a tie, bidders' names will be drawn) IF APPROVED, ITEMS MUST BE CLAIMED WITHIN FIVE (5) BUSINESS DAYS. I I \ I BID \PHONE # OR ITEM # \DESCRIPTION I BIDDER'S NAME BID # AMOUNT ADDRESS 01 RUBBERMAID DESK I L1L STRAUTZ #39 1$ 30.00 tAL GRABOWSKI #14 $ 29.00 IANDY KARNEY #33 $ 27.00 I DAN WINKEL #40 $ 12.00 IJERRY KROLL #31 i $ 6.39 I BRIAN KRAABEL #10 $ 5.00 I I I 2 PRINTER STAND iTARA OLSON #30 $ 10.00 \L1L STRAUTZ #39 $ 10.00 I 3 L - DESK -8 DRAWER, BLACK iAL GRABOWSKI I #14 1$ 2.00 I , 1 I I 4 iL - DESK -8 DRAWER, BLACK I I I I I 5 [CHAIR -STACKABLE I #461 $ t [DAVE OTOOLE 1.00 i I I I ! I 6 CHAIR -STACKABLE I I DAVE OTOOLE \ #46 1$ 1.00 I T I I 7 [CHAIR -STACKABLE I DAVE OTOOLE #46 '$ 1.00 , I I I , 8 'CHAIR -STACKABLE [DAVE OTOOLE #46 1$ 1.00 I I ; 9 'CHAIR -STACKABLE 'DAVE OTOOLE #46 '$ 1.00 [ I [ I 10 ',CHAIR -STACKABLE '.DAVE OTOOLE #46 1$ 1.00 , I I i I 11 CHAIR -STACKABLE , I I I 12 CHAIR -STACKABLE l i I I , , , Page 1 ANDOVER SALE OF USED FURNITURE AND EQUIPMENT Bid Tabulation Sheet u 8 7 8 Jndated /2 /9 13 CHAIR -STACKABLE 14 CHAIR -STACKABLE 15 CHAIR 16 MONITOR RISERS 17 MONITOR RISERS 18 MONITOR RISERS 19 MONITOR RISERS I 20 MONITOR RISERS I I DEBBY POIRER #3 $ 6.00 21 [MONITOR RISERS IMONITOR RISERS I RHONDA MCDONALD 1 #17 1$ 0.561 22 I 23 MONITOR ARM, ADJUSTABLE , 24 IMONITOR ARM, ADJUSTABLE 25 MONITOR ARM, ADJUSTABLE 26 [MONITOR ARM, ADJUSTABLE I 27 MONITOR ARM, ADJUSTABLE 28 XEROX TYPEWRITER 29 ADDING MACHINE - TI I DENNIS MADDEN #25 $ 3.00 30 IARM CHAIR I I 31 .PRINTER STAND I I IANDY KARNEY [ #33 1$ 6.00 I 32 MOBILE STAND 1$ I I DEBBY POIRIER I #3 42.00 I 33 KEYBOARD SHELF I 1 , I I I PRINTER OKIDATA MICROLlNE I, I ! ! 34 1391 \ , I DENNIS MADDEN I #25 T $ 7.00 I I DESK - 5'X2' W/2 DRAWER 35 [LATERAL FILE I 'JOHN WALLACE ! #24 1$ 50.00 [ 'AL GRABOWSKI ! #14 1$ 31.20 [ I I RICHARD FURSMAN , #45 , $ 20.00 I ! 'BARRY OLSON i #34 1$ 12.00 I Page 2 ANDOVER SALE OF USED FURNITURE AND EQUIPMENT Bid Tabulation Sheet / Undated 8/27/98 I SCOTT HAUTALA I #18 $ 10.00 ' 36 TIME CARD RACK 37 TIME CARD RACK I 38 FILE CABINET - LETTER SIZE 32.00 I MARCIE PEACH #19 $ JOHN WALLACE #24 $ 27.00 ! BRIAN JOHNSON #1 $ 3.00 JERRY KROLL #31 $ 1.19 SCOTT HAUTALA #18 $ 1.00 39 BLANK I DRAWER PEDESTAL - 3 40 [DRAWER I SUZANNE WALFORD #11 '$ 27.00 I AL GRABOWSKI #14 $ 18.78 I CINDY DERUYTER #21 $ 15.00 I RODNEY SABA #9 $ 11.00 JACK MCKELVEY #44 $ 10.00 DAVE OTOOLE #46 $ 10.00 KEVIN STARR #43 $ 9.00 BARRY OLSON #34 $ 6.00 SCOTT ERICKSON #29 $ 5.00 I L1L STRAUTZ #39 $ 5.00 I HERB BLOMMEL #35 $ 3.00 JERRY KROLL #31 $ 1.19 SCOTT HAUTALA #18 $ 1.00 I DRAWER PEDESTAL - 3 I 41 iDRAWER , SUZANNE WALFORD I #11 1$ 27.00 . ANDREW KARNEY #27 $ 21.00 I AL GRABOWSKI #14 $ 19.69 , RODNEY SABA I #9 $ 11.00 , I KEVIN STARR ! #43 $ 11.00 JACK MCKELVEY #44 1$ 10.001 DAVE OTOOLE #46 i $ 10.00 , BARRY OLSON #34 : $ 6.00 I I SCOTT ERICKSON #29 : $ 5.00 ! L1L STRAUTZ I #39 ! $ 5.00 I HERB BLOMMEL : #35 -: $ 3.00 , , JERRY KROLL " #311 $ 1.19: I SCOTT HAUTALA I #18 $ 1.00 -I I , I I I I 42 DESK - 5' X 21/2' /6 DRAWER I l BRIAN LOEFFELHOLZ I #20 1$ 2.00 I : , I , , 1 Page 3 ANDOVER SALE OF USED FURNITURE AND EQUIPMENT Bid Tabulation Sheet . j Undated 8/27/98 1 DESK - 5' X 2' BLACK/GREY WI 2 43 I DRAWER LATERAL FILE I AL GRABOWSKI #14 $ 37.20 I DON OLSON #36 $ 30.00 SCOTT ERICKSON #29 $ 20.00 RICHARD FURSMAN #45 $ 15.00 SCOTT HAUTALA #18 $ 10.00 JERRY KROLL #31 $ 6.39 i BRIAN LOEFFELHOLZ #20 $ 2.00 I I I ICOMPUTER CENTER WIHUTCH 44 12 DRAWER FILE CABINET, ETC. #11 i $ 102.00 SUZANNE WALFORD I JEFF OKERSTROM #37 1$ 76.00 1 MARCIE PEACH #19 $ 56.00 I IANDREW KARNEY #27 $ 46.00 KEVIN STARR #43 $ 35.00 SCOTT ERICKSON #29 $ 30.00 ! 1 DON OLSON #36 $ 30.00 i SCOTT PROTIVINSKY #15 $ 25.00 : SCOTT HAUTALA #18 $ 20.00 1 I I i 45 !RUBBERMAID WATER COOLER AL GRABOWSKI #14 $ 3.10 DENNIS MADDEN #25 $ 3.00 \ SCOTT ERICKSON #29 $ 1.75 RICHARD FURSMAN #45 $ 1.00 1 I I , ! 46 I DESK WI RETURN - 6 DRAWER i ,AL GRABOWSKI #14 $ 16.00 ' I, 47 DESK - 6 DRAWER I T I 1 I 48 I, DESK WI RETURN - 6 DRAWER 1 iAL GRABOWSKI I #14 1$ 14.00 I I I I 49 iSTORAGE CABINET - METAL I ; I i I 50 i DESK WI RETURN - 6 DRAWER I i I I : -c- T I 1 I i I 51 i DESK - 5 DRAWER - WOOD TOP. I I I , I I T I 52 IDESK-7 DRAWER - METAL Page 4 ANDOVER SALE OF USED FURNITURE AND EQUIPMENT Bid Tabulation Sheet U d t d 8/27/98 I Inl a e I [DAVE O'TOOLE #46 $ 20.00 I I .1 I I 53 DESK - 3 DRAWER JOHN WALLACE #24 $ 100.50 AL GRABOWSKI #14 $ 37.90 RICH NORDSTROM #22 $ 33.99 BARRY OLSON #34 $ 31.00 DON OLSON #36 $ 30.00 SCOTT ERICKSON #29 $ 20.00 SCOTT HAUTALA #18 $ 10.00 RICHARD FURSMAN #45 $ 10.00 I JERRY KROLL #31 $ 6.19l I I I 54 DESK - 6 DRAWER W/HUTCH JEFF OKERSTROM #37 i $ 76.00 BARRY OLSON #34 1$ 41.00 AL GRABOWSKI #14 $ 34.70 DON OLSON #36 $ 30.00 SCOTT ERICKSON #29 $ 29.00 jJERRY KROLL #31 $ 6.39 55 DESK - BLACK/GREY 20" X 47.5" DEBBY POIRIER #3 $ 77.00 I AL GRABOWSKI #14 $ 21.70 KEVIN STARR #43 $ 12.00 SCOTT PROTIVINSKY #15 $ 10.00 BRIAN LOEFFELHOLZ #20 $ 5.00 RICHARD FURSMAN #45 $ 5.00 JERRY KROLL #31 $ 2.19 I 56 WOOD DOOR W/FRAME JOHN WALLACE I #24 i $ 25.51 IAL KOESTER #2 $ 10.00 . , RON SCOTT #8 : $ 2.00 57 WOOD DOOR W/FRAME I I 1 58 WOOD DOOR W/FRAME I I 59 WOOD DOOR [ 'I ! i 60 WOOD DOOR I , 1 ! , ! I 61 I CTX COMPUTER MONITOR 15" I I , I I I I I 62 j DOCUMENT HOLDER I I ! I 1 I I [ T I 63 i, DESK _ BLACK/GREY - 48" X 20" ,JERRY KROLL I #31 . $ 2.19 ' I , I , , I , I Page 5 ANDOVER SALE OF USED FURNITURE AND EQUIPMENT Bid Tabulation Sheet / / Undated 8/2798 64 KEYBOARD HOLDER I 65 KEYBOARD HOLDER 66 . KEYBOARD HOLDER 67 . KEYBOARD HOLDER 68 KEYBOARD HOLDER I 69 ,KEYBOARD HOLDER 70 i KEYBOARD HOLDER I 71 KEYBOARD HOLDER : . , KEYBOARD IBM PL T#F1 MODEL I I 72 :M 73 DOCUMENT HOLDER I I 74 DESK - 6 DRAWER , , 75 DESK W/RETURN - 6 DRAWER 76 . DESK - 6 DRAWER 1 STORAGE CABINET - PRESSED 77 WOOD iRICHARD FURSMAN : #45 1$ 2.00 I i : DRAWER PEDESTAL - 3 78 DRAWER - BLACK/GREY IJEFF OKERSTROM 1 #37 [$ 26.00 AL GRABOWSKI #14 $ 22.80 RODNEY SABA #9 $ 11.00 , I IJACK MCKELVEY #44 $ 10.00 I I DAVE O'TOOLE I #46 1$ 10.00 I I ,L1L STRAUTZ : #39 i $ 5.00 I I HERB BLOMMEL #35 1$ 3.00 i I jJERRY KROLL ' #31 $ 1.19 I \ SCOTT HAUTALA #18 $ ., 1.00 , I I I I I i 'DRAWER PEDESTAL - 3 79 I DRAWER - BLACK/GREY , IAL GRABOWSKI :$ 32.80 I I #14 Page 6 ANDOVER SALE OF USED FURNITURE AND EQUIPMENT Bid Tabulation Sheet U d d 8/27/98 I Inl ate [DEBBY POIRIER #3 $ 28.00 I RODNEY SABA #9 $ 11.00 JERRY KROLL #31 $ 1.19 I SCOTT HAUTALA #18 $ 1.00 I I FILE CABINET - 2 DRAWER - 80 L TR SIZE I IJACK MCKELVEY #44 1$ 12.00 JERRY KROLL #31 $ 1.39 i SCOTT HAUTALA #18 $ 1.00 81 LATERAL FILE - 2 DRAWER AL GRABOWSKI #14 $ 41.99 DEBBY POIRIER #3 $ 36.00 SCOTT HAUTALA #18 $ 1.00 I I 82 BOOK CASE - OAK LAMINATE I 'DEBBY POIRIER #3 1$ 17.00 ! TARA OLSON #30 $ 5.00 I HERB BLOMMEL #35 $ 5.00 I L1L STRAUTZ #39 $ 5.00 LEN VAVRECK 41 $ 5.00 RHONDA MCDONALD #17 $ 3.01 SCOTT PROTIVINSKY #15 $ 3.00 BARRY OLSON #34 $ 2.50 BRIAN LOEFFELHOLZ #20 $ 2.00 SCOTT HAUTALA #18 $ 1.00 I I I 83 ICOMPUTER STAND I ANDY KARNEY , #33 $ 46.00 I IAL GRABOWSKI #14 $ 12.00 I BRIAN KRAABEL #10 $ 5.00 : ! JERRY KROLL #31 $ 2.10 'I I [ ! : ; I i I -, [ I ! 84 iPRINTER STAND I I L1L STRAUTZ I #39 \ $ 10.00 I !ANDY KARNEY #33 $ 6.00 i BRIAN KRAABEL i #10 " $ 5.00 I JERRY KROLL #31 1 $ 1.10 85 ,PRINTER STAND i [ ! ! I I I 86 CALCULATOR-SHARP I I I , ! I i ! 'COPY HOLDER TO ATTACH TO 87 , MONITOR I ; DEBBY POIRIER I #3 1$ 2.15 [ 1 . / Page 7 ANDOVER SALE OF USED FURNITURE AND EQUIPMENT Bid Tabulation Sheet / Undated 8/27/98 ICOPY HOLDER TO ATTACH TO I I 88 MONITOR 89 [MONITOR STAND 90 MONITOR STAND i I 91 GARBAGE CAN 3.75 I lCINDY DERUYTER I #21 [$ I I -I I 92 BOOKSHELF - METAL . [CINDY DERUYTER #21 $ 13.00 I SCOTT PROTIVINSKY #15 $ 7.00 RHONDA MCDONALD #17 $ 5.01 STEVE ONSTAD #12 $ 5.00 JACK MCKELVEY #44 $ 3.00 HERB BLOMMEL #35 $ 2.00 I 93 I BOOKSHELF - METAL #35 1$ HERB BLOMMEL I 2.00 [ 1 \ BOOKSHELF - WOOD 94 LAMINATE TARA OLSON #30 $ 5.00 , HERB BLOMMEL #35 $ 5.00 I L1L STRAUTZ #39 $ 5.00 DENNIS MADDEN #25 $ 3.00 95 I FLUORESCENT FIXTURE IDENNIS MADDEN I #25 1$ 2.50 I 96 [FLUORESCENT FIXTURE I iDENNIS MADDEN #25 $ 2.50 I -I I I , 97 DRAFTING TABLE & DESK , I 1 I 98 DRAFTING TABLE & DESK #25 1 $ DENNIS MADDEN 16.00 ! JERRY KROLL #31 $ 2.19 I 99 SMOKE ALARMS , I [ I I I I 100 :MONITOR RISERS \ SCOTT ERICKSON 1 #29 i$ 1.00 · i I RHONDA MCDONALD ! #17 $ 0.76 i ! , [ , 101 . FILE POCKETS - LEGAL I , , I I I I -I I [ I [ I , I , / Page 8 ANDOVER SALE OF USED FURNITURE AND EQUIPMENT Bid Tabulation Sheet U d t d 8/27/98 I Inl a e 102 'PORTABLE FILING SYSTEM I 103 KEY BOARD - IBM TYPE 3476 1 104 AIR VENT 105 AIR VENT 106 MONITOR SCREEN - TINTED 107 I,MONITOR SCREEN - TINTED I ! 108 !MONITOR SCREEN - TINTED ! 109 MONITOR SCREEN - TINTED 110 ,MONITOR SCREEN - TINTED I 111 I MONITOR SCREEN - TINTED I 112 MONITOR SCREEN - TINTED I 113 COMPUTER CABLE - GREY 114 . COMPUTER CABLE - BLACK I i 115 IN/OUT BOARD i I i I ! 116 !OVER-THE-DOOR HOOK \ #17 1$ I RHONDA MCDONALD 0.27 I I 1 I 117 I PICTURE FRAME I I RHONDA MCDONALD #17 1$ 0.51 ! 1 118 PICTURE FRAME I 1 I ! , I ! ! ! -, , , 119 ISECURITY LIGHT i IDENNIS MADDEN " #25 1$ 3.50 I : I I 120 SECURITY LIGHT I DENNIS MADDEN I #25 T $ 3.50 I I , I I , , ',COMPUTER PRINTER - I ! ! 121 I MICROBIL T I I I J J Page 9 ANDOVER SALE OF USED FURNITURE AND EQUIPMENT Bid Tabulation Sheet u 8 / 8 .' Jndated /279 122 iELECTRICAL OUTLET & BOXES I , 123 AIR VENT I CEILING LIGHT - 124 FLUORESCENT 125 SINK : 126 iWOOD SHELVES : AL GRABOWSKI #14 $ 7.00 SCOTT PROTIVINSKY #15 $ 3.00 I SCOTT HAUTALA #18 $ 2.00 127 WOOD - MISC. #1 2'X4' AL KOESTER #2 I $ 30.00 RODNEY SABA #9 : $ 30.00 DENNIS MADDEN #25 \$ 26.00 FRAN SCHMIDT #28 1$ 21.00 , JOE OSMUNDSON #16 $ 10.00 I SCOTT HAUTALA #18 $ 7.00 I , I I 128 WOOD STACK #2 JOHN WALLACE I #24 I $ 106.00 AL KOESTER #2 $ 60.00 I I FRAN SCHMIDT #28 $ 43.00 : DON OLSON #38 $ 40.00 RODNEY SABA #9 $ 36.00 I, DENNIS MADDEN #25 $ 26.00 : BRIAN KRAABEL #10 $ 25.00 DAVE O'TOOLE #46 $ 22.30 I I SCOTT HAUTALA #18 $ 15.00 ,JOE OSMUNDSON #16 $ 10.00 I I 129 iWOOD STACK #3 i " I 130 " MODEM I \ , 131 I DOCUMENT HOLDER : I i I I I I I I , 132 I DOCUMENT HOLDER I I I , , 133 'MOUSE PAD I ! i I : I 134 ,MOUSE PAD I : I I i , : I , / Page 10 ANDOVER SALE OF USED FURNITURE AND EQUIPMENT Bid Tabulation Sheet U d d 8/27/98 / Inl ate 135 ICHRISTMAS WREATH I RAY SaWADA #42 $ 10.00 TARA OLSON #30 $ 5.00 LEN VAVRECK #41 $ 5.00 I DENNIS MADDEN #25 $ 3.00 SCOTT HAUTALA #18 $ 1.50 I [ 136 DESK CHAIR PAD I 137 DOOR - METAL 138 DOOR - WOOD/OAK I , I 139 DOOR - METAL JERRY KROLL #31 1$ 1.39 ! 140 I PEG BOARD [ I ! 141 \CTX COMPUTER MONITOR I I 142 CTX COMPUTER MONITOR I COMPUTER MONITOR - IBM I I 143 INFOWINDOW I COMPUTER MONITOR - IBM I 144 INFOWINDOW i [ I ,COMPUTER MONITOR - IBM T I [ I 145 ,INFOWlNDOW i , I ICOMPUTER MONITOR -IBM ! I i 146 ilNFOWINDOW I I I I I i I 147 INSULATION - FIBERGLASS : 'RAY saWADA \ #42 1$ 22.22 \AL GRABOWSKI I #14 $ 2.10 [ [SCOTT HAUTALA #18 1$ 1.50 [JERRY KROLL I #31 I $ 1.19 ' I I " : " I i [ " ~ T i [ , , i [ I 1 , , I I I I [ i . , i I I Page 11 ANDOVER SALE OF USED FURNITURE AND EQUIPMENT Bid Tabulation Sheet U d d 8/27/98 " JOI ate I I [ INSULATION - FIBERGLASS - 14 148 BAGS ANDREW KARNEY I #27 $ 16.00 I DON OLSON #38 $ 15.00 AL KOESTER #2 $ 14.00 RAY SOWADA #42 $ 12.15 KEVIN STARR #43 $ 12.00 i DENNIS MADDEN #25 $ 7.00 I SCOTT HAUTALA #18 $ 2.00 I 149 2 BI-FOLD DOORS 150 WOOD DOOR 151 WOOD DOOR 152 PANELING I : 153 [METAL STUDS i 154 I FLUORESCENT LIGHT I 155 PRINTER - PANASONIC KX2624 I BRIAN KRAABEL #10 $ 25.00 i !JERRY KROLL #31 $ 2.19 156 iMICROLlNE 391 PRINTER DENNIS MADDEN #25 $ 7.00 i [ I 157 POCKET FILE [ I 158 i POCKET FILE i ! !AL GRABOWSKI #14 $ 1.89 I : I 159 DRAFTING TABLE i : i iJOHN WALLACE #24 $ 18.00 I 1 i i 1 I I [ T I I I 160 : RETURN HUTCH PARTS I [JEFF OKERSTROM [ I 26.001. #37 i $ : IAL GRABOWSKI I #14 : $ 8.88 ! 1 BARRY OLSON I #34 1$ 6.00 I [DENNIS MADDEN I #25 1$ 4.00 [ i I JERRY KROLL : #31 1$ 2.19 [ I [SCOTT HAUTALA I #18 [ $ 1.00 . [ \ I i I I I [ I I I Page 12 ANDOVER SALE OF USED FURNITURE AND EQUIPMENT Bid Tabulation Sheet U d 8/27/98 -' In. ated 161 PARK BENCH AL KOESTER #2 I $ 5.00 ,CINDY DERUYTER #21 $ 4.00 .1. 162 1985 1-TON UTILITY VAN RON SCOTT #8 $ 756.00 RODNEY SABA #9 $ 695.00 I SCOTT ERICKSON #29 $ 551.09 JOHN BREDEMUS #26 $ 551.00 DAVE O'TOOLE #46 $ 400.00 JERRY KROLL #31 $ 379.01 JOE OSMUNDSON #16 $ 327.00 SCOTT HAUTALA #18 $ 325.00 ANDREW KARNEY #27 $ 302.00 BARRY OLSON #34 $ 252.00 ERICK SOHR #32 $ 238.00 AL KOESTER #23 ! $ 200.00 PAT JANSSEN #47 i $ 103.00 i RHONDA MCDONALD #17 $ 1.26 i , , I , 163 :3-RING BINDERS - BOX I : 164 , I 165 WINDOWS JACK MCKELVEY #44 $ 3.00 i 166 I : I i ! 167 IKROY MACHINE AL GRABOWSKI #14 1$ 2.10 \ ! T 168 I , I I \ I 169 IIBM COMPUTER PACKAGE #25 I $ 138.00 \ DENNIS MADDEN ! .L1L STRAUTZ #39 $ 100.00 I I I SCOTT ERICKSON : #29 i $ 27.00 i I SCOTT HAUTALA 18 i $ 25.00 I I IJERRY KROLL i #31 ',$ 6.39 I I !SCOTT PROTIVINSKY I #15 1$ 3.00 " I ! I , 170 I RECESSED LIGHTING I ANDREW KARNEY , 1$ 11.00 i ! #27 , IJERRY KROLL , #31 ,$ , 1.19 , I , I I 171 CHRISTMAS DECORATIONS I L1L STRAUTZ I #39 ,$ 5.00 I ! DENNIS MADDEN , #25 ',$ 3.50 I , "' Page 13 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 1. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson~ Engineering ITEM NO. A,ward Bid/97-51Narious Fencing llo. The City Council is requested to approve the resolution awarding contract to Mid Metro in the amount of $8,008.00 for fencing at Hidden Creek North Park, Hills of Bunker Lake East Park and Pine Hills Park, Project 97-51. Bids received are as follows: Contractor Bid Amount Engineer's Estimate $8,008.00 $10,600.00 Mid Metro Six other fencing companies picked up plans but did not bid. This item was reviewed by the Park and Recreation Commission and was recommended by them for approval. Funding for this item will be from the 1998 Park Capital Budget. Mid Metro has successfully performed other projects for the City. .' , J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-51 FOR HIDDEN CREEK NORTH PARK. HILLS OF BUNKER LAKE EAST PARK AND PINE HILLS PARK FOR FENCING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 154-98 , dated AUQust 4, 1998, bids were received, opened and tabulated according to law with results as follows: Mid Metro $8,008.00 ) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Mid Metro as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Mid Metro in the amount of $8.008.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 1st day of September, 19..mL, with voting in favor of voting Councilmembers the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE:September I, 1998 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion City Clerk, t. ~. ITEM NO. \'1. . Accept Cable Commission Budget The City Council is requested to review and accept the 1999 Cable Commission Budget. Ifthere are any questions regarding the budget, please call Terry O'Connell at 427-1411. Attached is a copy of the budget along with explanations. / , I / A I B I c .2..- I Cable Commission. Budget 1999 I 2- 3 REVENUE FROM OPERATIONS 1999 BUDGET ........1998........... 4 5 BEGINNING BALANCE 0.00 154.797.00 6 ESTL'vIATED FRANCHISE FEES 315.000.00 300,000.00 7 ESTIMATED QCTV-15 GRANTS 157.000.00 150,000.00 8 QCTV-15 EQUIPMENT GRANTS 24.000.00 24,000.00 9 1999 INTERN PROGRAM 17.000.00 14.000.00 10 SALAlRES PAYBACK 80.700.00 78,350.00 11 INTEREST & MISC. INCOME 12.000.00 10,000.00 ~ TOTALS: $605,700.00 $731,147.00 13 EXPENSECATEGOREIS( .............. 1999 BUDGET <.UN......... 14 . ......... .......... < 15 SALARIES.IT 16 NET WAGES 98,300.00 95,365.00 17 DEFFERRED COMP 1/2 TO'C 900.00 800.00 18 FEDERAL TAXES-l/2 TO'C 2.173.00 2.110.00 19 PERA-1I2 TO'C 550.00 534.00 20 STATE TAXES-1I2 TO'C 523.00 508.00 21 HOSPIT ALIZATION-I/2 TO'C 1.260.00 1.260.00 22 ASSOCIATE PRODUCERS 23 ASSISTANT - GP 9.500.00 0.00 24 AP-ANOOVER 10,000.00 10,000.00 25 AP-ANOKA 10.000.00 10.000.00 26 AP-CHAMPUN 10.000.00 10.000.00 27 AP-RAMSEY 10.000.00 10,000.00 28 PART TIME PERSONELL 29 INTERN WAGES 17.000.00 14.000.00 30 SECRETARY WAGES 8.240.00 8.000.00 31 SECRETARIAL SERVICES 850.00 1.200.00 32 LTDILIFE INSURANCE 150.00 200.00 33 ADMINISTRATION EXPENSE 300.00 300.00 34 ADVERTISING 300.00 300.00 35 AUDIT 4.500.00 4,500.00 36 NV SUPPUES 2.000.00 2.000.00 37 BLDNG. CLEANING 1.120.00 1.050.00 38 BLDNG. MAINTENANCE 1.000.00 1.000.00 39 BONDS 300.00 300.00 40 CAPITAL EQUIP:\'IENT FUND 41 ANDOVER 5,000.00 5,000.00 42 ANOKA 5.000.00 5.000.00 43 CHAMPUN 5.000.00 10.591.00 44 RAMSEY 5.000.00 5,000.00 45 COMMISSION MISC. EXPENSES 500.00 300.00 46 COMMISSION PER DIEMS 6.500.00 6.500.00 47 COl'oo'FERENCE PARTICIPTION 6.500.00 6.500.00 48 CONSULTANTS 2.500.00 7.000.00 49 COPYING 500.00 500.00 50 FURNITURE & FIXTURES 1.500.00 1.500.00 51 LEGAL 12.000.00 12.000.00 52 LIABlUTY INSURANCE 3.000.00 2.000.00 53 MAC.T.A. DUES 400.00 400.00 54 MILEAGE 3.000.00 3.000.00 55 NATOADUES 400.00 400.00 56 OFFICE SUPPLIES 600.00 500.00 57 OFFICE EQUIPMENT 1,000.00 1.000.00 58 PAYROLL FEES 1.000.00 1.000.00 59 POST AGE 500.00 500.00 60 PRINTING 500.00 500.00 61 PUBLICATIONS 300.00 300.00 62 QCTV-15 EQUIPMENT GRANT 20.000.00 10.000.00 63 QCfV -OPERATING GRANT 315,000.00 300,000.00 64 RENT 6.400.00 6.200.00 65 TELEPHONE EXPENSES 2.000.00 1.200.00 66 VIDEO TAPE SUPPLY 2.000.00 1.000.00 67 SUBTOTAL: $595,066.00 $561,318.00 68 RESERVE FUNDS ............ 1999 BUDGET 1998 BUDGET 69 RESERVE FUND (General) 10,634.00 118,056.00 70 Andover 0.00 (659.00) 71 Anoka 0.00 23.121.00 72 Chanmlin 0.00 6.202.00 73 Ramsc:v 0.00 23.109.00 74 TOTAL: $605,700.00 $731,147.00 / / , . / / , / QUAD CITIES CABLE COMMISSION 1999 BUDGET EXPLANATIONS: 16. NET WAGES - Net amount of the salary for the Administrator at $49,180, and three full-time Producers at $30,000 per year. These figures represent a 3% increase to the Administrator's salary and to the full-time Producers' 1998 salaries. 17. DEFFERRED COMPENSATION - 1/2 of the Administrators' contributions to defferred compensation plan. 18. FEDERAL TAXES - Taxes from payroll withholdings reflective of 1/2 of the Administrator's salary. 19. PERA - Employee contributions to Public Employee Retirement Association, amount reflective of 1/2 of Adm.'s salary. 20. STATE TAXES - Taxes from payroll to State, amount reflective of 1/2 of Administrator's salary. 21. HOSPITALIZATION - 1/2 of Administrator's hospitalization coverage. 22. ASSOCIATE PRODUCERS - Funds to pay salaries of personnel for municipal programming and information/meetings coverage. 23. FUNDS ALLOCATED FOR GOVERNMENT PRODUCERS ASSSISTANT. 24. FUNDS ALLOCATED TO ANDOVER'S AP 25. FUNDS ALLOCATED TO ANOKA'S AP 26. FUNDS ALLOCATED TO CHAMPLIN'S AP 27. FUNDS ALLOCATED TO RAMSEY'S AP 28. PART-TIME PERSONNEL 29. INTERN WAGES -Intern program funds received from cable company. 30. SECRETARY WAGES-Funds to pay personnel to maintain clerical duties. 31. SECRETARIAL SERVICES- Services to records minutes of meetings. 32. LID/LIFE INSURANCE - Premiums for 1/2 of the Administrator's policy for 12 months. 33. ADM. MISe. EXPENSES - Funds to cover out-of -pocket expenses incurred by the Administrator. 34. ADVERTISING - Funds to pay for advertising expenses for public notices. 35. AUDIT - Money available for outside audit of Commission's bank accounts. 36. A/V EOUIP. REPAIR - Equipment repair fund. 37. BUILDING CLEANING - 1/2 of total building cleaning expense. 38. BUILDING MAINTENANCE - Funds to cover minor repairs to building 39. BONDS - 1/3 of 1999 quote from agent. 40. CAPITAL EOUIP. FUND - $10,000 per each member city. 41. ANDOVER'S CAPITAL FUNDS 42. ANOKA'S CAPITAL FUNDS 43. CHAMPLIN'S CAPITAL FUNDS 44 RAMSEY'S CAPITAL FUNDS 45. COMMISSION MISe. EXPENSES - Expenses incurred by the Commission or one of its Directors. 46. COMMISSION'S PER DIEMS - Based on per diems of $35 per Commission meeting and $17.50 per Committee meeting. 47. CONFERENCE PARTICIPATION - Funds allocated for January MACTA conference and September NATO A National Conference. 48. CONSULTANTS - Funds set aside for outside professional assistance. 49. COPYING - Based on average expense for past 5 years. 50. FURNITURE & FIXTURES - Money available to purchase new furniture if needed. 51. LEGAL - Based on average legal expenses incurred over the past 5 years. 52. LIABILITY INSURANCE - 1/3 of the 1999 quote from agent. 53. M.A.e.T.A. - 1999 dues for Minnesota Association of Cable TV 54. MILEAGE - Based on .325 cents per mile for reimbursement to Administrator and Government Channel employee. 55. N.A.T.O.A. - 1999 dues for National Association of Telecommunications Officers and Advisors (member NLC). 56. OFFICE SUPPLIES - Based on average expenses for past 5 years. 57. OFFICE EOUIPMENT - Funds allocated for office equipment. 58. PAYROLL FEES - Fees charged by P A YCHEX handle payroll. 59. POSTAGE - Based on average expenses for past 5 years. 60. PRINTING - Based on average expenses for past 5 years. 61. PUBLICATIONS - Funds to purchase trade publications and trade books & manuals. 62. OCTV-15 EOUIPMENT GRANT - Programming agreement requires the cable company to annually pay into an equipment fund. Commission to transfer some funds to QCTV. 63. OCTV-15 OPERATING GRANT - Programming agreement requires the cable company to pay 2.5% of their gross revenue to the Commission, the Commission in turn matches the local programming payment with franchise fees. 64. RENT - 1/2 of total rent at $6.84 per sq. foot (1,574 sq. ft.) 65. TELEPHONE EXPENSES - 1/2 of the costs for three service lines & one modem line. 66. VIDEO TAPE SUPPLY - 10 cases per city. 69. RESERVE FUND(General).- Funds to be carried as a reserve and available to all cities by majority vote of the full Commission. 70. ANDOVER RESERVE FUNDS - Funds available to Andover only to be determined January 1,1999. 71 ANOKA RESERVE FUNDS - Funds available to Anoka only to be determined January 1, 1999. 72. CHAMPLIN RESERVE FUNDS - Funds available to Champlin only to be determined January 1, 1999. 73. RAMSEY RESERVE FUNDS - Funds available to Ramsey only to be determined January 1, 1999. ;' ClIT OF ANDOVER REQUEST FOR COUNCIL ACTION DATE:September I, 1998 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion City Clerk ;\ U.V' ITEM NO. Change Meeting Time/9-15-98 Council Meeting I~. The Primary Election is on September 15th which is a Council meeting night. Therefore, the Council meeting cannot begin until 8:01 pm. No public meetings can be held between 6:00 and 8:00 pm on election days. CllY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE:September I, 1998 / AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion City Cler~ .~. ITEM NO. \Q. Accept Easements/159th Avenue The City Council is requested to accept easements for 159th Avenue pursuant to the settlement litigation. The easement documents have been signed by James and Wendy Evertz and Roosevelt Gaines and M. Lucy Johnson-Gaines. Attached are copies of the easements. , / PUBLIC STREET AND UTILITY EASEMENT AND AGREEMENT THIS INDENTURE, made this \,.,~ day of ~~~ , 1998, by James J. Evertz and Wendy A. Evertz, husband and wif , (Grantor), to the City of Andover, a municipal corporation, (Grantee). WITNESSETH: WHEREAS, Grantor is the owner in fee simple of the real estate hereinafter described. That for an in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor has this day bargained and sold, and by these presents does bargain, sell and transfer unto to Grantee, its successors and assigns the following: A. A perpetual easement for public street and utility purposes with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain and repair any lines, equipment, materials, or other items for public street and utility purposes, for the purpose of maintaining, repairing or replacing the said public street and utility over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said public street and utility, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public street and utility. That said public street and utility easement located in the County of Anoka, State of Minnesota, is described as follows, to wit: That part of the West Half of the Northeast Quarter of the Southeast Quarter of Section 13, Township 32 North, Range 25 West, City of Andover, Anoka County, Minnesota. Said easement being 30.00 feet to the right of the following described line: Beginning at a point on the east line of said West Half of the Northeast Quarter of the Southeast Quarter, distant 20.00 feet north of the southeast corner thereof; thence west parallel with the south line of said West Half of the Northeast Quarter of the Southeast Quarter, a distance of 559.93 feet; thence northwesterly a distance of 97.38 feet along a tangential curve concave to the north having a radius of 215.00 feet and a central angle of 25 degrees 57 minutes 05 seconds, to the west line of said West Half of the Northeast Quarter of the Southeast Quarter and said described line there terminating. The side lines of said easement are prolonged or shortened to terminate on the east and west lines of said West Half of the Northeast Quarter of 1 the Southeast Quarter. / and That part of the West Half of the Northeast Quarter of the Southeast Quarter of Section 13, Township 32 North, Range 25 West, City of Andover, Anoka County, Minnesota which lies south of the following described line: Beginning at a point on the east line of said West Half of the Northeast Quarter of the Southeast Quarter, distant 20.00 feet north of the southeast corner thereof; thence west parallel with the south line of said West Half of the Northeast Quarter of the Southeast Quarter, a distance of 559.93 feet; thence northwesterly a distance of 97.38 feet along a tangential curve concave to the north having a radius of 215.00 feet and a central angle of 25 degrees 57 minutes 05 seconds, to the west line of said West Half of the Northeast Quarter of the Southeast Quarter and said described line there terminating. TO HAVE AND TO HOLD, said perpetual easement and rights-of-way unto the City of Andover, Anoka County, Minnesota, its successors and assigns, forever. Grantor does hereby covenant with the Grantee, that it is lawfully seized and possessed of the real estate above described. / IN WITNESS WHEREOF, James J. Evertz and Wendy A. Eve rtz , husband and wife, have caused these presents to be executed or have set their hands the day and year first a ove written. r Jam~s J. E.t ~ / _ . ~,/~ ~ Wl(ndv, . ~v1rtz . 2 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this 17 day of ~, 1998, before me, a notary public within and for said County, personally ppeared James J. Evertz and Wendy A. Evertz, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and they executed the same as their free act and deed. . A...................... A.......... ....... aN-...... ~HJ~.. Ie JOHN J. BERGLUND I . . NOTARY PUBlIC - MINNESOTA . / ANOKA COUNTY .. My Comm Expires Jan. 31, 2000 lev.....,......., . ......................!'<N. NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on ' 1998, the above described easement in this document. Dated: ,1998 (SEAL) This instrument was drafted by: J William G. Hawkins 2140 Fourth Avenue North Anoka, Minnesota 55303 CITY OF ANDOVER By Clerk 3 / PUBLIC STREET AND UTILITY EASEMENT AND AGREEMENT THIS INDENTURE, made this b -'c.I\ day of ~ ~ , 1998, by Roosevelt Gaines and M. Lucy Johnson-Gaines, husba and wife, (Grantor), to the City of Andover, a municipal corporation, (Grantee). WITNESSETH: WHEREAS, Grantor is the owner in fee simple of the real estate hereinafter described. That for an in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor has this day bargained and sold, and by these presents does bargain, sell and transfer unto to Grantee, its successors and assigns the following: A. A perpetual easement for public street and utility purposes with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain and repair any lines, equipment, materials, or other items for public street and utility purposes, for the purpose of maintaining, repairing or replacing the said public street and utility over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said public street and utility, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public street and utility. That said public street and utility easement located in the County of Anoka, State of Minnesota, is described as follows, to wit: The north 30.00 feet of the south 50.00 feet of the West Half of the East Half of the Northeast Quarter of the Southeast Quarter of Section 13, Township 32 North, Range 25 West, City of Andover, Anoka County, Minnesota. and The south 20.00 feet of the West Half of the East Half of the Northeast Quarter of the Southeast Quarter of Section 13, Township 32 North, Range 25 West, City of Andover, Anoka County, Minnesota. TO HAVE AND TO HOLD, said perpetual easement and rights-of-way unto the City of Andover, Anoka County, Minnesota, its successors and assigns, forever. Grantor does hereby covenant with the Grantee, that it is lawfully seized and possessed of the real estate above described , I J 1 / IN WITNESS WHEREOF, Roosevelt Gaines and M. Lucy Johnson-Gaipes, husband and wife, have caused these presents to be executed or have set their hands the day and year first above written. ~~~ R osevelt Gaines .P'- /'--ffiJA'-"'.1 ~-- ~;,.,.) M. Lucy Jo nson-Gaines STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this ~ day of , 1998, before me, a notary public within and for said County, personally' ppeared Roosevelt Gaines and M. Lucy Johnson- Gaines, husband and wife, to me known to be. the persons described in and who executed the foregoing instrument and they executed the same as their free act and deed. . ................... ....... ....... Ie JOHN J. BERGLUND I .. NOTARY PUBLIC - MINNESOTA - ANOKA COUNTY _ .Mr ~ ExPNe JlIn. 31, 2000 II............. .. ............... .;.~...........,. NOTI~E IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on , 1998, the above described easement in this document. Dated: ,1998 (SEAL) This instrument was drafted by: William G. Hawkins 2140 Fourth Avenue North Anoka, Minnesota 55303 / CITY OF ANDOVER By Clerk 2 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 1. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson~l. Engineering , ITEM NO. Update/The Meadows of Round Lake/ ~.7-37/TraffiC Study Earlier this summer temporary speed bumps were installed at the request of some of the residents in The Meadows of Round Lake development. After approximately a two week period the temporary speed bumps were then removed. Since then, we have sent out a brief questionnaire to the residents and the adjacent residents in order to evaluate the neighborhood's response. A follow up meeting with the neighborhood has been established and will be held on Wednesday, September 9, 1998 at 6:30 pm to further evaluate the traffic in the area. It is anticipate that a report with recommendations will be presented to the Council later in September or early October. J / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MIlIU'.jESOTA 55304. (612) 755-5100 .' . ....- August 19, 1998 Dear Resident: .,. Re: Speed BumpsfThe Meadows'of Round Lake/Project 97-37 ,-.. . - - - 0- ,~. _ As you are probably .aware the Cit-yof ~ndover~aLthe.i'equestoLthe . neighborhood, installed temporary speed bumps . along .t43,ri:l- Avenue 'NW. . Yucca Street NW, 145th AvenueNW and. Eldorado:.StreetNW ' in order to evaluate their effectiveness for the neighbo-rhood. ..In order, to .help us evaluate their impact and th,e neighborhoods Interest in pursuing. the. installation' of permanent speed bumps. we would.appreciateifyou'Would.take a~few minutes to fill out the ei1clo~ed questionnaire 'arid mail it back to us by Friday, .. . . September 4,1998. Please circle the items 0'0 the questionnaire you f~el are. .' . pertinent and add any additional comments you may have. .. . A follow up meeting with the neighborhood will be held on Wednesday. .. September 9, 1998, at6:30 p.m., atthe AndoverCity Hallto review the results of the study and to further discuss the issues.. . . . If.you have any questions, feel free to contact me at'767-5130. Sincerely, aJ# /LL Scott B. Erickson, P.E. City Engineer Ene!. SE:~a THE MEADOWS OF ROUND LAKE TRAFFIC STUDY PROJECT 97-37 1, YES. We would like to see permanent speed bumps installed in The Meadows of Round Lake neighborhood, 2. NO. Do not install permanent speed bumps in The Meadows of Round Lake neighborhood, 3, EVALUATE other options for traffic control. Suggestions: \ 4, DO NOTHING, Additional Comments: 0336 , , \ ! Ifi1\ City of \~ Andover Traffic Study Mailng List \ / o I NUrofu_w" , Strtnam.shp I AI Section Lines P:tteels.shp CJ Lot I Parcel Boundaries D Right-of-Way 0 300 Feet D Water Features ~ Sources: Andover GIS Anoka County GlS CITY OF ANDOVER REQUEST FOR COUNCIL ACTION i DATE: September 1, 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. -'"I. Approve Ordinance Amendment 212/Hunters Hollow 8{1. The City Council is requested to approve an ordinance amending No. 212 on the remaining two streets in Hunters Hollow. Unfortunately, the developer's surveyor had the proper naming of streets on the preliminary plat but changed it on the final plat. / , / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 212C AN ORDINANCE AMENDING ORDINANCE NO. 212 CHANGING/RENAMING STREET NAMES IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: Section 21. (Changing the names of Gladiola Lane NW and Eidelweiss Lane NW, both streets located south of 164th Avenue NW to Gladiola Street NW and Eidelweiss Street NW in Hunters Hollow.) The street presently known as Gladiola Lane NW and Eidelweiss Lane NW in Hunters Hollow is hereby renamed to Gladiola Street NW and Eidelweiss Street NW in Hunters Hollow. All other sections shall remain as written and adopted by the City Council. Adopted by the City Council of the City of Andover this 1st day of September, / 1998. CITY OF ANDOVER ATTEST: J.E, McKelvey - Mayor Victoria Volk - City Clerk , J jlW, /,-'''I'\'''W' I'" I' ' . .. :Y;JU( .. - (\i:"'A. ~.."" ~ 0 . . ..':" " ,. ~:~ Iff...""., I . ~~I~ -;..;~, ft , . ...,:,.r'o<' .:fFI+~I'i'I .",,;.'''(;''' .,,,u.' . '1 1 "lr.~oJl'.JP ~.."'l'~A~' . 'fl'-";I>:h . ',' . -. .'1- .t'I'.~1 ' '. (' I'. . ' n.", 1111:."""', :n- _ 1lI"'//I 1 , I!.... . '1i:;!;J~' '. . ,;J. 4,1--" ""'~ -;,....._J_~.J_!.I.Sf.}.,__ _!.J.:n' __ ..il...'--- ....,. 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I' I~~(~N\ .~ _ W""f-____.X; -{.}L- M.AOOWS ~.J . I . I ,. . V 4rH\ ' I IZ ADD. " I "" I, 400 _...~- II' Lli =- " I _~ . I I ~" l 1 -r F , .' "T j.: I ..4. :Kti~. d ~ti,D i :JJ:1'~~' ~;:;.~. YIlf.!""- . I, :'I! I-~.'~ ' 1 . I. . l all s 15'-... "AT',ES ,... :r:n'" ~' KAOL'~ .~[f'~S ,/ r J . .1 II ~ - ~ - I -~/-n \ I II. "''\ ' ;Sf~ It I \\ ! ~, . I..e.. , \ _1\\ Ii ~l It ~ I . l -;",3 -" "4 , ' - ,4 ", ", ""'-M6HTTN6AU - eST.Ircs , '.' II RD_ -\ . , - . , , ! i I I I , "1~ . , , .. ~s~- 11>. / \ ---- - . ; " . .l'" <'5 ',4 v , . . . . It It II 7 ,;11,.: :-r;., , ~1"'.i' '~_~.. :. '~"'OOOL~{ /1 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , .I DATE: September 1, 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ,/ Engineering ITEM NO. a.$.pprove Ordinance Amendment 212/Rose Street NW The City Council is requested to approve an ordinance amending No, 212 naming Rose Street NW between Bunker Lake Boulevard NWand 136th Lane NW. The street has never been officially named. Anoka County notified the City of this and has recommended that it be named. I J . j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 212D AN ORDINANCE AMENDING ORDINANCE NO. 212 NAMING STREET NAMES IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: Section 22. (Naming of Rose Street NW between Bunker Lake Boulevard NW and 136th Lane NW in Northwest Quarter of the Southwest Quarter of Section 32, Township 32, Range 24.) The street presently unnamed between Bunker Lake Boulevard NW and 136th Lane NW in the Northwest Quarter of the Southwest Quarter of Section 32, Township 32, Range 24 is hereby named Rose Street NW. All other sections shall remain as written and adopted by the City Council. / Adopted by the City Council of the City of Andover this ~ day of September, 1998, CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk / \ .I 51/2 SEC. 32 CITY OF CITY OF @ , t34' :Ah'OKA MEADOWS '03RD ADa ,'''' -,.,./,s) ....-......1 s. V4 CORIER sec.R r: 32 R.24 ANDOVER ANOKA .;,. --.__..IW. --- --.. @ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 1, 1998 . / AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott EricksonJ ( Engineering ITEM NO. l-5l3~pprove Final Payment/97-7/Crown Pointe East 2nd Addition The City Council is requested to approve the resolution accepting work and directing final payment for Project 97-7, for Crown Pointe East 2nd Addition. / . j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO INLAND UTILITY CONSTRUCTION FOR PROJECT NO. 97-7 FOR THE IMPROVEMENT OF CROWN POINTE EAST 2ND ADDITION. WHEREAS, pursuant to a written contract signed with the City of Andover on June 17, 1997, Inland Utilitv Construction of St. Michael. 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. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this ~ day of September, 19...mL, 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 " / Engineering · Planning · Surveying , , J McCombs Frank Roos Associates. Inc. August II, 1998 Mr. Scott Erickson, P.E. City of Andover 1685 Crosstown Boulevard Northwest Andover, Minnesota 55304 SUBJECT: City of Andover Crown Pointe East Second Addition . Utility and Street Improvements Final Payment Request MFRA #11610, City Project No. 97-07 Dear Mr. Erickson: , Enclosed is Inland Utility Construction's Final Payment Request for the subject project. The amount of this request is $8,623.71. We have reviewed the project and find that the work was completed in general accordance with the plans and specifications. It is our recommendation that the Contractor be paid in full for this project. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. i2Jft t/2f~ R. Jeff Elliott, P.E. RJE:dam Enclosure e:lmain:\ll610:\erickson8-4 j 15050 23rd Avenue North . Plymouth, Minnesota . 55447 phone 612/476-6010 . fax 612/476-8532 e-mail: mfra@mfra.com J .~ a. I . 0: W !i :l Z Z 0 ... Ii; Ef'21 W czSi :l Slw' ~ 0552 0: 5~b .... 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"0 :oC ~Sl om ~~ :0:0 !!l~ >- z~ >Gl f4lm ~~~i8 ;::0 z o~o-i :J:o~~ lns-~ ror::O S::Z::;!:II ->0" Z<O 0\)0 ffimz ill!~ enEcn ~~~ U1cn~ ~-iO OJ ~ Z 9 " ~ m A CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: September 1, 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickso~ Engineering ITEM NO. 8L{.rder Plans & Specs/97-12/Drill Well #7 The City Council is requested to approve the resolution ordering improvement and directing preparation of plans and specifications for the improvement of Project 97-12 for drilling of Well #7, This well is proposed to be located on Lot 14, Block 10 of the Woodland Estates development which was previously purchased by the City. The pilot well, which was drilled and tested by E.H. Renner & Sons, indicates this to be a favorable site for our next municipal well. This project will be for the drilling and test pumping of the well. It is anticipated a separate contract would be let next spring for the pump house construction. Attached is a report from TKDA regarding test Wells #7 and #8 just recently tested. Test Well #7 is also the proposed Municipal Well #7. . J . / 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. 97-12 FOR WELL #7. WHEREAS, the City Council is cognizant of the need for Well #7; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Well #7, Project 97-12; and BE IT FURTHER RESOLVED by the City Council to hereby direct TKDA 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 September, 19.Jill.., with Councilmembers voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J,E. McKelvey - Mayor Victoria Volk - City Clerk '\ ./ ~ ~/-~, . . .~+ 0_. _ -'"_: ~.;~:u- _""_=__ __ . _. .~, U..._ ,"' .- - ' . ..,-._~ -. ..- - . ..........-..........~-- ~ , l -.... ....... \ , \ ,\ , 3 I ! ! / , 2,9'5.1 '. x '-'. We . I _~:~ - __ ___ _u _~._' -~. ---- . 3~4.7 - i / .I ! -'" (.,.' - C . 8~6.7. I -- 8'?* :3 -{ - -- -. RE"El\/L-O I . U I ~ l.. AIJG - 4 1998 )TKDA TC TZ, . IMn n"v." ANDER50N A ~ ENGINEERS' ARCHITECTS' PLANNERS 1 97-/Z 444 CEDAR STREET 5AINT PAUL, MINNESOTA 55101-2140 PHONE;6121292-4400 FAX;6121292.0083 August 3, 1998 Mr. Scott Erickson City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Summary of Results and Recommendations for Pilot Well No.7 and No.8 in Andover, MN City Project 97-12 Commission No. 11585-01 Dear Mr. Erickson: Attached are summaries of our recommendations, resulting from the construction of Pilot Well No.7 and Pilot Well No.8, as discussed at our July 28, 1998 meeting. Please feel free to call me at (612) 292-4512 if you have any questions on our recommendations. 5~~ DarileiA. Fabian, P.E. ~ enclosures, cc: Brian Kraabel, Andover Public Works Kurt Johnson, TKDA \. J An Equal Opportunity Employer ., , / Total Iron (Mg/I as Fe) 1.60 1.70 0.60 0.02 0.05 1.19 <0.1 0.24 '\ 0,12 J TABLE NO.1 MEASURED IRON AND MANGANESE CONCENTRATIONS t'fTotalMlili7aH'F Aquifer ~;i;;i*~CUWgnr: Mt SimonlHinkley Mt SimonIHinkley Mt SimonIHinkley Franconia/Ironton-Galesville FranconialIronton-Galesville Franconia/Ironton-Galesville Drift Franconia/Ironton-Galesville Drift Note: The Secondary Drinking Water Standard for Iron is <0.30 Mg/I and for Manganese it is <0.05 Mg/I \ J )TKDA TOLTZ, KING, OUVALL. ANDERSON AND AS50cIATES, INCORPORATED ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR 5TREET SAINT PAUL, MINNESOTA 55101-2140 PHONE:6121292-4400 FAX:6121292.QQ83 MEMORANDUM To: Scott Erickson, City of Andover Reference: Andover Pilot Well No.7 Copies To: Brian Kraabel. City of Andover Summary of Results and Recommendations Kurt Johnson, TKDA From: Daniel A. Fabian Date: Julv 30, 1998 Commission No. 11585-01 . Production Capacity: The geology determined for Pilot Well No.7is similar to that of Existing Wells No.4 and No.5 (based on the gamma log obtained as part of the construction of the pilot well). Based on the similar geology we would expect production capacity of a municipal well constructed on this site to produce 1000 gpm to 1500 gpm (existing production rates of Well 4 and Well 5 respectively). The peak demand estimated speCific yield for the Pilot Well No.7 site is 40 gpmlft of drawdown (per Andover Wellfield Optimization Study). This compares to a peak demand specific yield of 50 gpmlft for Well No.4 and 87 gpmlft for Well No.5. If the actual specific yield of a municipal well constructed at the Pilot Well No.7 site exceeds 50 gpmlft, sand free, we would recommend a 1500 gpm pumping capacity (with VFD) for the new municipal well. . Water Qualitv: The primary water quality concern for Andover IrontonlGalesville wells are Iron and Manganese levels. The water quality test results for Pilot Well No.7 identified a total Iron concentration of 0.24 MgIl and a total Manganese concentration of 0.04 MgIl. Both total Iron and total Manganese levels are less than the Secondary Drinking Water Standards of 0.30 MgIl Iron and 0.05 MgIl Manganese. Refer to the attached Table No.1 for a summary of Iron and Manganese concentrations measured in Andover municipal drinking water wells. . Recommendation: We recommend the Pilot Well No.7 site for construction of a new municipal drinking water well for the City of Andover with a capacity of 1000 gpm to 1500 gpm. An Equal Opportunity Employer ';TKDA TOlTZ, KING, DUVAll, ANDERSON AND AS50cIATES, INcORPORATEO ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET 5AINT PAUl, MINNE50TA 55101.2140 PHONE:6121292.44QO FAX;6121292-00a3 MEMORANDUM To: Scott Erickson, Citv of Andover Reference: Andover Pilot Well No.8 Copies To: Brian Kraabel. Citv of Andover Summary of Results and Recommendations Kurt Johnson, TKDA From: Daniel A. Fabian Date: Julv 30, 1998 Commission No. 11585-01 / . Geololdc Evaluation: Pilot Well No.8 was constructed in the drift to a depth of 270 feet without encountering bedrock, rendering this site unsuitable for construction of a Franconia!Ironton-Galesville rock well. The geologic interpretation of Pilot Well No.8, however, indicates a potential screened wdl in sands and gravels at a depth of 170 to 270 feet. The geologic finding at Pilot Well No.8 is similar to the Pilot Well installed along Andover Blvd. (the old school site) for Well No.6 . Well Capacity Pilot Well No.8 indicates that this site would be a good location for a high capacity screened well. Based on an interpretation of samples obtained during the Pilot Well installation, the well driller (Roger Renner, E.H. Renner & Sons, Inc.) estimates that a well with capacity of up-to 2,500 gpm may be possible. The actual well production capacity would be determined after drilling, developing and test pumping a full size well. . Water Qualitv: The water quality test results for Pilot Well No.8 identified a total iron concentration of 0.12 mg/l and a total manganese concentration of 0.33 Mg/1. The iron level is less than the recommended maximum secondary drinking water standard of 0.30. Total manganese concentration significantly exceeds the recommended maximum secondary drinking water standard of 0.05 mg/1 and would require treatment to reduce the manganese concentration level to 0,05 mg/1 or less. Refer to the attached Table No.1 for a summary of iron and manganese concentrations measured in the Andover municipal drinking water wells. / An Equal Opportunity Employer Memo Andover Pilot Well No.8 Page 2 July 30, 1998 . Treatment Costs: Treatment for removal of manganese consists of a two step process. First, the manganese must be oxidized from its dissolved mineral state into a particulate. After the manganese has become oxidized into a solid particle, it can be filtered out of the water onto a filter bed. The water treatment plant could be sized to treat water from one or two screened wells at this site. The cost of a manganese removal water treatment plant (not including well construction, pitless adapter or pumphouse, well pump or other optional amenities, generally may be expected to be in the vacinity of: . $2,000,000 for a 2,000 gpm plant (1.44 million gallons in 12 hrs). . $3,500,000 for a 4,000 gpm plant (2.88 million gallons in 12 hrs). Until a feasibility study or preliminary water plant design is undertaken, these costs should be considered as preliminary and subject to change based on actual design and Owner specified requirements. The production capacity of an average existing Andover rock wells is about 1000 gpm. The decision to construct one or two screened wells and an appropriately sized treatment plant / wjll need to be weighed against the cost of constructing four rock wells. Andover's Comprehensive Water Plan Update (June 1997) calls for the City to have an additional six - 1000 gpm wells by the year 2020. Andover currently has five existing wells. Well No.6 (1000 gpm) and an upgrade to the 1,000 gpm Well No.5 (additional 500 gpm) are scheduled to be completed and on-line this fall. Additionally, it should be noted that Andover's existing rock wells currently exceed the secondary drinking water standards for manganese and/or iron, as shown in Table No. 1. The City's long term plans include the construction of a water treatment plant for treatment of the wells near the City Hall. However, the City could use the future screened wells in the lead and reserve their existing rock wells for peaking, until such time that a treatment facility is constructed for these wells. . Recommendations: We recommend that the City first identify all potential well sites in the area of the Pilot Well No.8 site which have convenient access to existing trunk watermains. After this investigation, a feasibility study should be prepared to evaluate the well sites and their treatment needs or altematives. Identification of any potential pollution sources within the well head protection zone should also be conducted (especially important for the screened wells). \ Prior to design of a water treatment plant, consideration should be given to the need for a pilot treatment plant study to determine final design parameters for the plant. .' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 1. 1998 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance Amendment Summary (Ordinance No. 230A) ~~ting Noise Request The City Council is asked to review and approve the attached ordinance amendment summary (Ordinance No. 230A - An Ordinance Amending Ordinance No. 230 - An Ordinance Regulating Noise, Providing for the Elimination and Prevention of Prohibited Noise and Imposing Penalties for Violation. . .' The City Council at their August 4, 1998 meeting approved this ordinance amendment. Please refer to the meeting minutes. j " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 230A SUMMARY AN ORDINANCE REGULATING NOISE, PROVIDING FOR THE ELIMINATION AND PREVENTION OF PROHIBITED NOISE AND IMPOSING PENALTIES FOR VIOLATION. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Policy The primary purpose of this ordinance amendment is to adopt the Minnesota Pollution Control Agency Noise Pollution Control Standards to assist staff in the regulation of noise control in the City. The noise standards are receiver based that describe the limiting levels of sound required to preserve public health and welfare. Jurisdiction The provisions ofthis ordinance shall apply to the City of Andover, Enforcement The City Administrator or his/her designees shall have the authority to enforce the provisions of this ordinance, Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes, Abrogation and Greater Restrictions It is not the intent of this ordinance to repeal, abrogate, or impair any existing easement, covenants or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent ofthe inconsistency only. '. A printed copy of this ordinance is available for inspection by any person during regular office hours of the City Clerk and at the Andover Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this I st day of September, 1998. \ '- ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk J. E. McKelvey, Mayor DATE September 1, 1998 · Planning and Zoning Minutes - August 11, 1998 ITEMS GIVEN TO THE CITY COUNCIL · Zoning Ordinance Review Task Force - August 11, 1998 · City Council Minutes - August 18, 1998 · Economic Development Authority Minutes _ August 18, 1998 · Special City Council Minutes - August 18, 1998 · Zoning Ordinance Review Task Force Minutes _ August 25, 1998 · Ord. No. 230A · Schedule of Bills PLEASE ADDRESS THESE. ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. -- / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 230A An Ordinance repealing Ordinance No. 230, adopted June 17,1997 An Ordinance Relating to Noise, Providing for the Elimination and Prevention of Prohibited Noise, and Imposing Penalties for Violation. AN ORDINANCE REGULATING NOISE, PROVIDING FOR THE ELIMINATION. AND PREVENTION OF PROIDBITED NOISE AND IMPOSING PENALTIES FOR VIOLATION IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 1. InteR~ Definitions. , , Words and Phrases defined in this section have. when used in this ordinance. the meanings below. Any other word or hrase used in this ordinance and defined in regulations of the Minnesota Pollution Control Agency lMPCA) Noise Pollution Control Rules Chapter 7030. has the meanin~ given in those regulations. Air Circulation Device a mechanism designed and used for the controlled flow of air used in ventilation. coolin!!. or conditioning. includin!!. but not limited to. central and window air conditionine' units. L 10 a sound level ex ressed in decibels dBA which is exceeded ten 10 ercent of the time for a one 1 hour eriod as measured b a sound meter havin characteristics as specified in the latest standards. S1.4. of the American National Standa~ds Institute and usin!! generallv accepted test procedures adOPted bv the MPCA. ercent of Person an individual ., ) ;;::=;;:::'~~"':=:::, =:'~':..:::,~~, :'::':::..r: I / , ::--...::::::~:;=~:l::~~~~:=::'~=" Section 2. Noises SDecificallv Prohibited. ill Motor Vehicles. No erson shall 0 erate a motor vehicle in the Ci in violation 1 of the motor vehicle noise limits of the Minnesota Pollution Control A enc . m ill @ ill (Q). m 2 .I after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every effort to see that the disturbance is stopped. ill Loudspeakers. Amplifiers for Advertising. etc. No person shall operate or oermit the use or operation of any loudspeaker. sound amplifier. or other device for the . production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle. {2} Schools. Churches, Hospitals. etc. No person shall create any excessive noise on a street. alley. or public grounds adiacent to anv school. institution ofleaming. church. or hospital when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution. Any nois8 ane/or ast whish is plainly a1:-Hlible at a property liBe of a strueture or euilding, or is loeated in the hallway or is adjaeent to an apartmeat or eoaeomini1:im l:Init, or at a tHstanee e[ fifty (50) feet ants sOtlres eerNSea the hours of I 0:09 p.m. ana ::99 a.m. daily, shall es prima facie s':ideass that the noise is e1(sessive and shall be a violation of this e:dinance. / Section 3. Hourlv Restrictions on Certain Operations. Construction Activities. No person shall engage in or permit construction activities involving the use of any kind of electric. diesel or gas-powered machine or other equipment which creates noise that is audible at the property line. except between the hours 0[7:00 a.m. and 10:00 p.m. Sec!ion 4. Receiving Land Use Standards. (A) Maximum Noise Levels by Receiving Land Use Districts. No person shall operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table I for the receiving land use category specified when measured at a point of normal human activity of the receiving land use. ./ 3 , , Table 1. Sound Levels By Receiving Land Use Districts Land Use Districts Day (7:00 a.m, - 10:00 p.m.) Ll 0 LSO Night (10:00 p.m. -7:00 a.m.) LlO L50 Residential Commercial Industrial . 65 70 80 60 65 75 55 70 80 50 65 75 These levels prescribed do not applv to noise originating on public streets and alleys but such noise shall be subiect to other applicable sections of this ordinance. Section.J.. 5. Exemptions. The following acts or noises are permitted between the hours of 10:00 p.m. and 7:00 a.m. daily,: I) Equipment used in connection with special events or activities which are authorized, sponsored, permitted or approved in the City of Andover by the City Council, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity; 2)' Church bells, chimes or carillons, school bells, or emergency civil defense warning signals; 3) Anti-theft devices; 4) Machines or de\o;ces for the production of sound on or in authorized emergency vehicles. 2 Noise created exclusively in the performance of emergency work to preserve the public health. safety. or welfare. or in the performance of emergency work necessary to restore a public service or eliminate a public hazard shall be exempt from the provisions of this ordinance for a period not to exceed twenty-four (24) hours after the work is commenced. Persons res"onsible for such work shall inform the Zoning Administrator or other City employee of the need to initiate such work or. if the work is commenced during nonbusiness hours of the City. at the beginning of business hours of the first business day thereafter. Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise. 4 Section 6. Testinl! Procedures, Studies, and Noise Imoact Statements. . / The Ci Administrator or desi ee shall conduct such research monitorin and other studies related to sound as are necessary or useful in enforcing this ordinance and reducin noise in the Ci . He or she shall make such investi ations and ins ections in accordance with the law as reauired in applying ordinance reauirements. Section 7. Enforcement. , / \Vhen the City determines that a noise exceeds the maximum sound level permitted under Section 4. vmtten notice of the violation shaH be given to the owner or occupant of the premises where the noise originates and order such person to correct or remove each specified violation within such reasonable time as is prescribed in the notice. The failure to remove or correct anv such violation within the time so prescribed constitutes a violation of this ordinance. Section 8. Civil Remedies. Tnis ordinance may be enforced by iniunction. action for abatement. or other appropriate civil remedy. Section 9. Criminal Penalties. \ \ / 5 '. Rules of Criminal Procedure. and the Rules of Court. Each act of violation and each day a violation occurs or continues constitutes a separate offense. Section 10. Severability. If anv provision of this ordinance or the application of any orovision to a particular situation is held to be invalid hv a court of competent iurisdiction. the remaining portions of the ordinance and the apolication of the ordinance to any other situation shall not be invalidated. SeeRaB S. Peoalw. l'.ny pefSeB whs vislates the pfs\'isiees sf this enHRaBEle shall Be gl:Ii.lty sf a HHsElemesaer sad shall Be sahjeEit ts flanishmeet as dermed hy State law. Baeh I*1t afvislatisa B:Rd 6aGa eay a '/iolatisa sEleW's may eaR5tit1:tte a S6pafBte effease. Adopted by the City Council of the City of Andover this 18th day of Augu~ 1998. ATTEST: CITY OF ANDOVER \ dJ;w tlIu Victoria V olk, City Clerk . ~,})JvJ!e 6 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION Date September 1. 1998 AGENDA SECTION Approval of Claims ORIGINATING 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$ 274.917.75. BACKGROUND: Claims totaling $ 216.173.00 on disbursement edit list # 1 dated 08/25/98 hi:lVe been issued and released. Claims totaling $ 58.107.25 on disbursement edit list #2 dated 09/01198 will be issued and released upon Council approval. Debt service payment totaling $637.50 due on 09/01198 was wire transferred on 08/27/98. This debt service payment.was for 1994 Certificate of Indebtedness, interest only. Date: 09/01198 Approved By: "'''' "''' :>< 00. "'" :i!'" i3 o.u o o >ON ... ~'" uo :;- "'" 00 "'''' 0'" ..,.., "" ;"~ . . . . . . . . . . . . ~ ~ ~ . . . . . . . . . . . . . . ... ... ... to it ... . . .. ......... . . ... ... .. .. . . . . ... aJCDCDCD. . . . . to a'\(J\(J\cntl . . . . ... ............................. . . . . ... UlIJ'tIJ'tU'l" . . . . 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