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Home My WebLink AboutCC November 4, 1998 '--J ~-) ------/ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Regular City Council Meeting - Wednesday, November 4, 1998 Call to Order - Following the EDA Meeting held at 7:00 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes agenda minutes Discussion Items I. North Metro Mayors Association Presentation nmma 2. Canvas Election/Certify Results election 3. Public HearinglVacation of Easement (V AC 98-05)/14135 Vale Street NW/Shepard Cont. phvac980S 4. Lot SplitlVariance (98-03)/14135 Vale Street NW/Shepard Continued Is9803 5. Public HearinglVacation of Easement (V AC 98-06)/13314 Narcissus Street NW /Lauer phvac9806 6. Public Hearing/V acation of Easement (V AC 98-07)/2381 155th Lane NW / Ashford Dev. Corp. phvac9807 7. Assessment Hearing/Certify Delinquent Utility Bills utility 8. Sketch Plan/Fox Hollow/Section 22/Gor-em, LLC sketch plan 9. Discuss Refunding 1991A G.O. Fire Bonds tircbonds 10. Discuss Funding Sources/98-17/City Cost Relating to the Reconstruction of Bunker Lk Blvd disc9817 II. Discuss Special Event Parking in "No Parking" Areas nopark 12. 90-Day Temporary Mobil Home Permit mobilhome Staff. Committees. Commissions 13. Discuss Issues with Park and Recreation Commission 14. Approval of Softball Fees/Pov's Tournaments Non-Discussion/Consent Items 15. Approve Lot SplitlVariance (98-04)/1094 141st Lane NW/Shepard Cont. 16. Approve Lot SplitlVariance (98-05)/4440 145th Lane NW/Krinitsyn 17. Approve Lot SplitlVariance (98-06)/4464 145th Lane NW/Olson 18. Approve Special Use Permit (98-17)/2387 Commercial Blvd. NW lRiccar 19. Approve Special Use Permit (98-18)/16045 Nightingale Street NW/Family of Christ 20. Approve Comprehensive Plan Amen~ment (98-04)/Andover Station/City of Andover 21. Approve Rezoning (98-05)/1 to GB/Andover Station/City of Andover 22. Approve Probation Period/Engineering Tech IVlRich Nordstrom 23. Update on Holly Street/95-261ShadowbrooklNeighborhood Meeting on Water Quality 24. Water Treatment Survey 25. Reduce Escrow/98-16/Feasibility ReportlShadowbrook 4th Addition 26. Approve Resolution/Accepting Streets & Utilities/Echo Hills 2nd Addition 27. Receive Traffic Study/98-26/Commercial Park/Jay Street NW 28. Approve Final Payment/98-13/Fox Meadows 29. Declare Cost/98-13/Fox Meadows 30. Receive Assessment Roll/Order Public Hearing/98-13/Fox Meadows 31. Accept Drainage & Utility Easement/98-6/17145 Navajo Street NW 32. Approve Quotes/Trees for Various Parks 33. Approve Purchase of Building Department Software Mavor/Council Input Payment of Claims Adiournment parkrec povs appr9804 appr980S appr9806 appr9817 appr9818 cpa9804 rez980S nordstro updt9S26 water feas9816 echo2 stdy9826 fpay9813 dclr9813 ord9813 acpt986 qttrees software CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATENovember4, 1998 AGENDA SECTION ORIGINATING DEPARTMENT Approval of Minutes City Clerk A I J V00J" ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: October 20, 1998 Regular Meeting October 15, 1998 Special Meeting (Kunza, Knight absent) \ , I , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: November 4. 1998 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Administration Richard Fursman ITEM NO. I. North Metro Mayors Association Background: Joseph Straus, Executive Director of the North Metro Mayors Association, will be paying the City Council a visit to discuss North Metro Mayor Association goals and priorities for 1999. The fees for 1999 are increasing over nine percent from 1998 due, mainly, to the increased population. '. , ) , / NORTH METRO MAYORS ASSOCIATION August 24, 1998 RECEIVED AUG 2 7 1998 CITY OF ANDOVER / Mr. Dick Fursman City Administrator City of Andover 1685 Crosstown Blvd., NW Andover, MN 55304 Dcar Dick: On August 19 the Operating Committee reviewed the attached 1999 budget and membership fee schedule for the Association and will recommend its adoption at the October Board meeting. As compared to 1998, the proposed 1999 expenditures are projected to be 2.35 percent lower. The purpose of this correspondence is to assist you in your 1999 budgeting planning process. A membership fee invoice will be sent to your attention on January I, 1999. Assuming Board approval, your city's dues for 1999 will be $12,106. As you will recall, the NMMA membership fce is based on a formula using population and current net tax capacity. Each factor contributes 50 percent of the total membership formula. In 1999, the cities of Ramsey and Andover will experience a fee increase solely due to significant increases in their respective net tax capacities. The cities of Champlin and Maple Grove also will see an increase in their membership fee. This is the result of the special fee schedule the Board authorized for them in 1997. Recall the Board authorized a membership incentive arrangement that allowed for their 1998 membership to be 50 percent of the standard membership fee, increasing to 75 percent in 1999, and full membership fee due in 2000. Four communities have fixed membership fees. The cities of Circle Pines, Oak Grove and Spring Lake Park have populations under 7,500. The Board has previously determined that :nember communities having populations below this amount would be assessed at the lowest common formula rate. Thus, these communities will have a 1999 membership fee 01'$2,411. And lastly, the city of Minneapolis has a set rate of $32,000. If you have any questions, please feel free to contact Sarah Eppard or myself at 493-5115. Sincerely, ute, Executive Director ) Enclosure 8525 EOINBROOK CROSSING. SUITE 5. BROOKI-YN PARK. MINNESOTA 55443 TEL.EPHONE 612-493.5115 FAX 612.424.1174 ) j c :;E :;:: ~ c o G) m m ':8 CD ?'C ~o /"" ~ . :;:: u, >!!1 .". ll~ ~~ 11 "'''' "< "< ~f [~ r if ~ ~ ." ... .l, 0 ~. ... !. ~ ~ :u Ii 2-: a ir ~ ~ 8 + ~ J. it !. ~ '" . ~ & 5' '" I ~ f t 5' ~ Ii' .. ~ fl' . ~ o i fl' 3 fl' 0 ~. "'I 5. ; o it ~ {~r f ~ ~ 0 ... '" 3: ... ~ ~ ~ :z: m ~ III :u fl1f 1"'i~ZZ;::~("l&"""'''' '" ~f m :u g. H ~-~88 .. ;Jl ~ ~f~ ~f~l ~~~~~ ~. (It ;:: 0 I :z: m 9 f i _ 'V z i" (i < "0 Iii 5 " c: r · o - -~. e::I: a ." ("l m m .,,0 3 ~ ~g m ~ ~ ii (It (!l ." c:- !;l8 ...... 6 z (!l .. ~ ~...z \C r-mi t::l !im> iI 6 = z z ::: nz ~ ""m - ::: ~... " .. :l !!~ .. .. ~ ::;!>< :I 2: ... "l ... g ~;::; z '" i ... !Jm if ." Q, e. - " " o ~ I: ~ - -A ~ - ~ ~ -- _w w-~ - cl ~ i j~~ ~ii ~ ~~i ~ ~~~~~~~~~~~~~~~~ > .8 ..... 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" ;.., ~ o IMA O\O\NV<O\A 0\00 AO\ "oo)..,)w"oo"oot..~'"c\)"')w ~i)..,)V."-..f:j ~tO~S~~:j~88~-~~tj"'" .. .. .. ..""..........""................ .. .. .. .. .. ,,~ i .... :;; ~ ~ .... mID ~ ~ ~ .... '" .... ~ .... = mm .. .... .... ~ -: l"..... .'" ~v. J'.1 ~'O 's ~ ~ 's ... ':2 ... ~ ~ '" ... A .... ... '" ~ .... ~ ~ :u ~ ~ ~ .... .. 8: ~ .. ~ ~ :::; ~ 0 '" '" '" .. ~ '" ~ - - .... ~ '" - 0 ~ n 7 . .. - ~ ~ '" " '" 0 0 - 0 '" - 0 6 - 0 .... 6 - .... '- ~ 0 ~ ., ~ ~ ~ ;;; u. " ... u. ~ ~ .. N 0- ... U. " ... '-> ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~~~ ~ ~.... ~ ~ ~ ~ 1999 NMMA Draft Budget / 1998 % % % BUDGET Change ADMINISTRATION 4309-0098 Mana ement $ 65,000 36.43% 0% 4100-0098 Executive Management $ 37,000 22.14% 7% 4100-0098 Executive Secreta - $ 27,813 16.71% 7% 4100-Project Manager $ 25,000 0.00% -100% 4142/4144/4150/4151/4154/4155/41 $ 26,737 16.03% 7% 4159-0098 Executive Director Frin e $ 14,000 8.69% 11% Subtotal $ 195,550 100.00% -8.76% OPERATING EXPENSES 4210-Su lies $ 1,500 0.93% 0.89% 0.00% 4212-Printed Forms $ 150 0.09% 0.09% 0.00% 4310-Govemmental Relations $ 30,000 18.67% 20.66% 16.67% 4313-Audit & Financial $ 3,000 1.87% 2.95% 66.67% 4321-Posta e $ 2,500 1.56% 1.48% 0.00% 4322-Phone $ 1,500 0.93% 0.89% 0.00% 4324-Delive $ 200 0.12% 0.12% 0.00% 4331 Meetings $ 3,500 2.18% 2.07% 0.00% 4332 Conferences $ 7,500 4.67% 4.72% 6.67% 4333 Mileage $ 300 0.19% 0.18% 0.00% . / 4334-Parkin ense $ 250 0.16% 0.15% 0.00% 4335-Hamline On-Conference $ 3,500 2.18% 2.07% 0.00% 4343-Promotional $ 1,000 0.62% 0.71% 20.00% 4344-PromotionaVMarketing $ 40,000 24.89% 23.61% 0.00% 4350-Printin $ 1500 0.93% 0.8go,!, 0.00% 4360/4361/4362-0098 Insurance $ 2,500 1.56% ; 1.48% 0.00% 4400-Rent $ 14,000 8.71%: 8.26% 0.00% 4410 Miscellaneous $ 242 0.15% 0.18% 22.73% 4411-BankChar es $ 50 0.03% 0.03% 0.00% 4413-Dues/Subscriptions $ 3,000 1.87% 1.77% 0.00% 4414-LicenseITaxes $ 250 0.16% 0.15% 0.00% 4417 -BookslPublications $ 250 0.16% 0.15% 0.00% 4770-Annual Meetin $ 2,000 1.24% 1.18% 0.00% 4800-Professional Services $ 11,000 6.85% 3.84% -40.91% 4772-Trans rtation Committee $ 500 0.31% 0.44% 50.00% 4774-Community Development $ 500 0.31% 0.44% 50.00% 4850-Economic Deve/o ment $ 30,000 18.67% 20.66% 16.67% Subtotal $ 160,692 100.00% 5.45% TOTAL $ 356,242 100.00% -2.35% Approved by Operating Committee - 8/19/98 Approved By Board Last Update: 8/11198 Note: Ex. Sec NMMA wages $28,500 + 1313 from 135W Coalition .I u:lnmma\budget\99budge NMMA Budget CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: November 4, 1998 AGENDA SECTION Discussion ORIGINATING DEPARTMENT City Clerk U . U)Y ITEM NO. Canvass Election/Certify Results ex. The information for this item will be provided to Council at the meeting. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1998 AGENDA SECTION Discussion Item, Cont. ORIGINATING DEPARTMENT Planning ITEM NO. Vacation of Easement 98-05 14135 Vale Street /1082 141st Lane Jim Shepard John Hinzman, City Planner 3. Request The City Council is asked to hold a public hearing to vacate a portion of a drainage and utility easement along the property boundary between Lot 17 (14135 Vale Street NW) and Lot 18 (1082 141st Lane NW) of Block 1, WEYBRIDGE 2ND ADDITION by Jim Shepard. The easement would no longer be needed pending approval of Lot Split\Variance 98-03 (following item). Staff Review The proposed area is absent of city utilities and is not within the 100 year flood zone. Staff recommends vacating the easement contingent upon approval of the lot split and dedication of easements along the newly formed boundary of Lot Split\ Variance 98-03. Attachments . Resolution for approval . Area location map . Site location map . 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 JIM SHEPARD TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOTS 17 AND 18, BLOCK 1, WEYBRIDGE 2ND ADDITION, 14135 VALE STREET NW AND 1082 141ST LANE NW (PIN 26-32-24-43-0014, 0015). WHEREAS, Jim Shepard has requested to vacate a portion of a drainage and utility easement between 14135 Vale Street NW and 1082 141st Lane, legally described as Lots 17 and 18, Block 1, WEYBRIDGE 2ND ADDITION, respectively, legally described as follows: Vacation of a ten foot drainage and utility easement centered upon the following described line: Commencing at the southeast comer of Lot 17, Block 1, WEYBRIDGE 2ND ADDITION, Anoka County, Minnesota; thence North 01 degrees 02 minutes 10 seconds East, assumed bearing along the easterly boundary of said plat 77.84 feet; thence North 88 degrees, 57 minutes, 50 seconds West, assumed bearing, 90.47 feet to the point of beginning of the line described herein; thence South 44 degrees, 53 minutes, 57 seconds East, assumed bearing, to the intersection with the southern boundary of said lot, said line thence terminating; except the most southern 10 feet of said Lot 17, and Lot 18, Block 1, WEYBRIDGE 2ND ADDITION. \ I 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 with the following conditions: 1) Approval ofLat Sp1it\Variance 98-03. 2) Dedication of a drainage and utility easement along the newly created property line of Lot 17, Block 1 WEYBRIDGE 2ND ADDITION. Adopted by the City Council of the City of Andover on this 4th day of November, 1998. CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor Victoria V olk, City Clerk r- f 12 ~ -/6v- / / / -./ L . i4i; \ \ \ 10\' 1:>. .i 7rl3'JO" I If .:6400 I L .,75.607 ! ...., , I's" - oJ.?_ '..9,J e- .......... ........... ..................... --..... .... --.... -............... -......... 1 I :) .. ) r<'\ SANITARY ~SllO ILH. .... .......... ................. ""- "- -......... ''''. "- ....--l ........ RlS 12263 1'0lI/l0 10 i \ LOT 17, BLOCK 1 \ \ I CCN~ CVRB ~ T ACIItJ(~ . 0.37' (16.$2&40 so. FT.) PART SUl/7lIAC1ED . 0.09 P.I2.2I6 so. FT.) NTER SVB7lIAC7ION ACIItJ(Ge" . 0.210 (12.611.13 so. FT.) l.J . I ;tg I ~~ - I_ I ... 10 IX I ' ~ ~ or;.. r~ DedlCCt-fed '<?<b.. ~ '" ' .",~:.>o. (I I ~ I 10 I SETRlS~ W : I N 88"57'50- W ; - 50.00 - " , , l\~'. '.~ ""':'- ~"t / \ ('.\ ; \ .., '.i \ \ '.:,: 6' ----l.-l .' L \ ~:':'j (DOncD AREA) - - -- ~ ::~., ... OPTTON NUMBER 7WO \".:., THE MOST EASTERLY 4.00 FEET "\ J OF LOT 19, BLOCK 1 ..\ "2607 FOUND ~ --- -- -- ---- LOT 18, BLOCK 1 ~T il~~. 0.444 (20,27~27 so. FT.) PART OF LOT 17 ADDED .. +0.09 ACRES (J912.27 so. FT. ) PilRT OF LOT" ADDED .. +o.01J ($60.75 so. FT.) --- 204.57 N 8973'04- W GRAPHIC SCALE 30 0'5 ~--~ 30 I 80 ~ ~~~~~_-"_:"...:~~.....1H: ~ f:--~-- . - .' - 120 ~ __.-J .J<.. ~ ~ - . .-- ., - ( ill FEET ) 1 inch = 30 ft. , / ) 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 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 October 6, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the vacation of easement request of James Shepard to vacate a portion of a drainage and utility easement along the property line between Lot 17 (14135 Vale Street NW) aild Lot 18 (1082 141st Lane NW) WEYBRIDGE 2ND ADDITION (pIN 26-32-24-43-0014 & 0015). All written and verbal comments will be received at that time. A copy of the application will be available for review prior to the meeting at City Hall. , ) Victoria V olk, City Clerk Publication dates: September 25, 1998 October 2, 1998 / " 26322~~30030 ::YER MICHON R ~ CT fRRENT RESIDENT , )ND AVE :roVER, MN 5530~ . 26322~~30033 EA TH WALTER R 1R & BONA S C CURRENT RESIDENT 6 1~2ND AVE DOVER, MN 55304 . 26322~~3001O '<ELICH JOHN P & HEATHER M CURRENT RESIDENT 33 VALE ST ::>OVER, MN 55304 26322~43oo36 fBERT DAVID A & TAMMY M :URRENT RESIDENT 141ST LN JOVER, MN 55304 26322~~30011 :. PATRICK C ~URRENT RESIDENT I VALE ST ,( 'R, MN 55304 '\. / :6322~~30013 ::RHOLM MARK A URRENT RESIDENT ., VALE ST OVER, MN 55304 63224430018 .JERLICK STEPHEN W JRRENT RESIDENT 141ST LN JVER, MN 55304 -)322~430016 HELL PAUL M & PENNY M JRRENT RESIDENT 41ST LN lVER, MN 55304 "3224110048 ON DOUGLAS B & KATIIRYN M RRENT RESIDENT :::>UINCE ST VER, MN 55304 , / PIN 26322~~30031 . NORDQUIST SCOTr D OR CURRENT RESIDENT 1120 142ND AVE A..'IDOVER. MN 5530~ PIN 263224~30009 KNIGHT ERIC S & TRACY OR CURRENT RESIDENT 14195 VALE ST ANDOVER, MN 55304 PIN 263224~30038 SKOLBEKKEN DAVID & SAXONL YNN OR CURRENT RESIDENT 1145 141ST LN ANDOVER, MN 55304 PIN 263224430035 SPARR MARL YS K OR CURRENT RESIDENT 1109 1~IST LN ANDOVER, MN 5530~ PIN 26322~440052 RESIDENT 1004 1~2ND AVE ANDOVER, MN 55304 PIN 263224~30020 WIGNALL BRUCE W & ROSE MARIE OR CURRENT RESIDENT 1142 141ST LN ANDOVER, MN 55304 PIN 26322443ool~ JOHNSON lAMES G & CHERYL A OR CURRENT RESIDENT 14135 VALE ST ANDOVER, MN 55304 PIN 263224430015 SHEPARD lAMES S & DEBORAH I OR CURRENT RESIDENT 1082 141ST LN ANDOVER, MN 55304 PIN 263224440052 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ANDOVER, MN 55304 PIN 263224430032 BRANNAN WILBUR F & PHYLLIS H OR CURRENT RESIDENT 1108 142ND AVE ANDOVER. MN 5530~ PIN 263224430039 DAHL PETER I & CHRISTINE R OR CURRENT RESIDENT 1157 141ST LN ANDOVER, MN 5530~ PIN 263224430037 ALLEN scon R & TAMIL OR CURRENT RESIDENT 1133 141ST LN ANDOVER, MN 55304 PIN 263224430034 SCOFIELD DAVID B & ELAINE M OR CURRENT RESIDENT 1097 141ST LN ANDOVER. MN 5530~ PIN 263224430012 HElLING NICHOLAS D & SHAWNA L OR CURRENT RESIDENT 14159 VALE ST ANDOVER, MN 55304 PIN 263224430019 SHAYGLENNICE H& GARYL OR CURRENT RESIDENT 1130 141ST LN A..'IDOVER, MN 55304 PIN 263224430017 HElL MARK S & WESSEL-BERG C OR CURRENT RESIDENT 1I06141STLN ANDOVER, MN 55304 PIN 353224110069 WEAST KEVIN S & SANDY J OR CURRENT RESIDENT 971 140TH LN ANDOVER, MN 55304 ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1998 AGENDA SECTION Discussion Item, Cont. ORIGINATING DEPARTMENT Planning ITEM NO. Lot Split 98-03 Variance 14135 Vale Street NW q. James Shepard John Hinzman, City Planner Request J The City Council is asked to approve the lot split and variance request of Jim Shepard to split the southern 3,912 square feet from a 16,528 square foot parcel owned by Edwin Sparr located at 14135 Vale Street NW legally described as Lot 17, Block I, WEYBRIDGE 2ND ADDITION (PIN 26-32-24-43-0014). A variance is requested to the minimum lot size requirements of Ordinance 8, Section 6.02 for the remnant parcel. A covenant would be filed to combine the split parcel with the adjacent western property owned by James Shepard at 1082 141st Lane NW so that it could not be sold separately. Plannin!! and Zonin!! Commission Action The Planning and Zoning Commission voted 7-0 to recommend approval of the lot split and variance, at the September 22, 1998 meeting. Some commissioners questioned the need for a variance in situations where remnant parcels are split and joined with neighboring parcels. William Hawkins, City Attorney contends the variance is needed because the remnant parcel created is an individual lot of record that does not meet the minimum standards of the Zoning Ordinance, please see the attached minutes for more information. Attachments . Resolution · Planning and Zoning Commission Minutes - September 22, 1998 . , . Planning and Zoning Staff Report - September 22, 1998 "-- / , I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF JAMES SHEPARD ON PROPERTY OWNED BY EDWIN SPARR PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM LOT REQUIREMENTS AT 14135 VALE STREET NW, LOT 17, BLOCK 1, WEYBRIDGE 2ND ADDITION (PIN 26-32-24-43-0014) WHEREAS, James Shepard has requested a lot split and variance on property owned by Edwin Sparr pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6.02, Minimum Lot Size Requirements on property located at 14135 Vale Street NW, Lot 17, Block 1, WEYBRIDGE 2ND ADDITION legally described as follows: \ , / That part of Lot 17, Block 1 WEYBRIDGE 2ND ADDITION, Anoka County, Minnesota lying southerly of the following described line: Commencing at the most southeasterly corner of said Lot 17, Block 1; thence on a plat bearing of North 01 degrees 02 minutes 10 seconds East, along the easterly boundary of WEYBRIDGE 2ND ADDITION, the record distance of77.84 feet to the point of beginning of the line to be described; thence on a plat bearing of North 88 degrees 57 minutes 50 seconds West, a distance of 50.00 feet; thence continuing on last described bearing a distance of 40.47 feet, to the intersection with a line bearing North 44 degrees 53 minutes 57 seconds West, said line being the most easterly boundary of Lot 18 Block 1, WEYBRIDGE 2ND ADDITION and said line there terminating. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the 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 lot split\variance as requested. , / I Page Two Lot Split\Variance 14135 Vale Street NW November 4, 1998 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: 1) That a covenant be filed to join the proposed remnant parcel of Lot 17, Block 1 WEYBRIDGE 2ND ADDITION to Lot 18, Block 1, WEYBRIDGE 2ND ADDITION so that it cannot be sold separately. 2) That a portion of the 10 foot drainage and utility easement between the proposed remnant parcel of 17, Block 1, WEYBRIDGE 2ND ADDITION and Lot 18, Block 1, WEYBRIDGE 2ND ADDITION be vacated. 3) That a drainage and utility easement be dedicated to the City of Andover along both sides of the newly created boundary of Lot 17, Block 1, WEYBRIDGE 2ND ADDITION. 4) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). , / Adopted by the City Council of the City of Andover on this 4th day of November, 1998. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria Volk, City Clerk . / J CITY of ANDOVER PlANNING AND ZONING COMMISSION MEETING - SEPTEMBER 22, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on September 22, 1998, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Ape!, Mike Gamache, Don Jacobson, Jeff Luedtke, Randy Peek, Lorna Wells '. None City Planning, Jeff Johnson City Planning, John Hinzman Others Commissioners absent: Also present: , APPROVAL OF MINUTES I September 8, 1998: Correct as \\Ifitten. Motion by Peek, Seconded by Apel, approval as presented. Motion carried on a 6- Yes, I-Present (Luedtke) vote. ~'PUBLIC HEARING: LOT SPLIT/VARlANCE - 14135 VALE STREET NW - JAMES ~SHEPARD 7:31 p.m. Mr. Hinzman reviewed the request of James Shepard to split the southern 3,912 square feet from a parcel owned by Edwin Sparr, 14135 Vale Street NW to be attached to his parcel at 1082 141st Lane NW. A variance is needed for the minimum lot size requirements for that remnant parcel. A covenant would be filed to combine the split parcel with Mr. Shepard's parcel so it could not be sold separately. The proposed remnant parcel results from a narrowing of the Burlington Northern Railroad right of way and is triangular in shape. Steep slopes and trees separate that area from the remainder of Mr. Sparr's lot. Similar proposals have been approved by the City in the past. . Staff is recommending approval with conditions. Commissioner Jacobson questioned the need for a variance, arguing there is no remnant parcel if it is combined with the neighboring parcel. Chairperson Squires stated technically a. variance is / necessary even though it is being joined with the neighboring lot. That triangular parcel being created is legally a separate lot even though it is tied to the adjoining lot. Mr. Hinzman noted the maps will show the divided lot with a tie bar on it, since lot lines of platted property cannot be moved. However, he will check with legal counsel before'it goes to the City Council. " Regular Andover Planning and Zoning Commission Jleeting Minutes - Septemher n. 1998 Page 2 (Public Hearing: Lot Split/ Variance - 1 +135 Value Street - James Shepard. Continued) Commissioner Wells asked if the applicant has been advised to contact his mortgage company. Mr. Hinzman stated that has never been done. Motion by Luedtke, Seconded by Wells, to open the public hearing. Motion carried unanimously. 7:38 p.m. Jim Shepard. 1082 141 st Lane NW. O\'ffier of Parcel 18 - stated in looking at the terrain of Parcel 17, that lower triangle will never be developed. If he didn't get that triangle, it would go wild. He has planted the grass and brought in a foot of dirt. Parcel 17 has no access to that area without building steps. As neighbors. they decided it would be more logical ifhe o\'ffied that area. It makes his yard more lIsable. On the other side of his lot the builder built retaining walls and a portion of his driveway on the neighbor's property. which he didn't know about until the survey for this was done. That is the reason for the request in the next Agenda item. . / llcfotion by Gamache. Seconded by Wells. to close the public hearing. Motion carried unanimously. 7:40 p.m. Motion by Jacobson. Seconded by Luedtke, the Resolution as presented. Motion carried unanimously. This will be on the October 6 City Council agenda. 7:42 p.m. PUBLIC HEARING: LOT SPLIT/VARlANCE -1094 141ST LANE NW -.L . ES SHEPARD 7:42 p.m. Mr. Hinzman reviewed the request of James Shepard ~ It the eastern four feet from a parcel o\'ffied by Paul Mitchell at 1094 l4lst Lane NW to be J9ffiDi~ed with his adjacent property to the east at 1082 l4lst Lane NW. The variance is for the;ninimum lot size for the remnant parcel, for which a covenant would be filed to combine with thei1eighboring parcel so it could not be sold separately. The request would correct the one-foot-efu:roachment of a retaining well and driveway which was discovered upon resurveying the P'YPerty for the previous lot split. Staff is recommending approval with conditions. The house was---ouilt in 1995 and was a model home. The exact legal / description has not been put in the prop6sed Resolution because they are negotiating where that line will be. There will be a legal d~tion when it goes to the City Council. Motion by Luedtke, Secol)d~y Wells. to open the public hearing. Motion carried unanimously. 7:45 p.m. // / , Jim Shepard. 1082 141st Lane NW - explained when asked by Commissioner Wells that he has had -' a lot of problems with the builder and the people in his office. The builder blames everyone except himself. It is easier for him to take care of this problem himself. There are three retaining waIls, and they would have to dig an 8-foot hole for the three waIls to move them onto his property, Right now ~ CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: September 22, 1998 ITEM NO. 3 ORIGINATING DEPARTMENT Public Hearinl!: L.S.\Var 98-03 14135 Vale StreetNW James Shepard Planning John Hinzman City Planner ReQuest ~. .1 The Planning and Zoning Commission is asked to review the lot split and variance request of James Shepard to split the southern 3,912 square feet from a 16,528 square foot parcel owned by Edwin Sparr located at 14135 Vale Street NW legally described as Lot 17, Block 1, WEYBRIDGE 2ND ADDITION (PIN 26-32-24-43-0014). " A variance is requested to the minimum lot size requirements of Ordinance 8, Section 6.02 for the remnant parcel. A covenant would be filed to combine the split parcel with the adjacent western property owned by James Shepard at 1082 l4lst Lane NW so that it could not be sold separately. The property is zoned R-4, Single Family Urban. Applicable Ordinances Ordinance 40 regulates the division of lots. A lot split is defined as any division of a lot, parcel or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for a platted lot in the applicable zoning district. Ordinance 8, Section 5.04 establishes the variance procedure. Practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the ordinance provisions must be present in granting a variance. Ordinance 8, Section 6.02 establishes the provision for minimum lot width, lot depth and lot area for zoning districts. The minimum requirements in the R-4 district are as follows: .' Page Two L.S.\Var 98-03, Shepard 14135 Vale Street NW September 22, 1998 . Lot Width at Front Setback . Lot Depth . Lot Area per Dwelling - 80 feet - 130 feet - 11,400 s.f. General Review The proposed remnant parcel results from a narrowing of the Burlington Northern Railroad right-of-way and is triangular in shape. Steep slopes and trees separate the proposed area from the remainder of the lot. The City has granted variances in the past to minimum lot requirements in order to re- arrange property lines on platted lots with the stipulation that remnant parcels be combined with adjacent property to meet minimum lot requirements. Both lots would exceed minimum standards upon execution of the proposed lot split and combination. Easements along the remnant parcel would need to be vacated and established to follow the perimeter of the new proposed boundary. " I ,- Commission Options The Planning and Zoning Commission may recommend one of the following options: 1. The Planning and Zoning Commission may recommend to the City Council approval of the lot split and variance request finding the request meets the requirements of Ordinances No.8 and 40. 2. The Planning and Zoning Commission may recommend to the City Council denial of the lot split and variance request finding the request does not meet the requirements of Ordinances No.8 and 40. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. Recommendation Staff recommends approval of the lot split and variance with the following conditions: 1) That a covenant be filed to join the proposed remnant parcel of Lot 17, Block 1 WEYBRIDGE 2ND ADDITION to Lot 18, Block 1, WEYBRIDGE 2ND ADDITION so that it cannot be sold separately. . / , , / \ / , ) Page Three L.S.War 98-03, Shepard 14135 Vale Street NW September 22, 1998 2) That the 10 foot drainage and utility easement between the proposed remnant parcel of 17, Block 1, WEYBRlDGE 2ND ADDITION and Lot 18, Block 1, WEYBRIDGE 2ND ADDITION be vacated. 3) That a drainage and utility easement be dedicated to the City of Andover along both sides of the newly created southern boundary of Lot 17, Block 1, WEYBRlDGE 2ND ADDITION. 4) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Attachments · Resolution for Approval . Location Map · Certificate of Survey · Application for Lot Split and Variance · Notice of Public Hearing ~. ~~I~ ~~~ ~NW _....,;;..-4J. ~..u.-... .t..1~~I..Y~ "-" A ~~.ll V 1&/ . ..., ,.,'" i'i~ ..- ) >: ~OCK 1 For Proposed Land Purchase And Subsequent Lot Splits With Suggested Descriptions \ ct.l-Di'-$4C cuwW!' a.4TA t!1 .. 1.311111" It.. 1(100 L" '4&17 ::?'~ICJs. 6'0.0;,--'" "'.... , '.s,,~J>. .9..1 ~ '- .,.-- """"'...... A .. sw-zr- It.. ""'00 \" L-4.oo \\ '- '..... ..... ...t) ~ ItU ,~ f'04IND LOT 17, BLOCK 1 ,. \ \ I I 1'U.T AGJW:AGl' .. AJl'I (rc.Su'4D sa. FT.) '#NfT st.9ntACrm .. 4D# (..,~~. sa. n.) AI'mr $lM17tAC71ON AatE.4Of' .. AZIO (J~"..r.J SQ. FT.) "- ... :~ ~E >: ..,. k " ..:"-t... l:k ~, ~"pvlo:,.l.:... I I ~. I ,. I SCT flU Z30Jt '-- ,. "-. N 88'57"50E.'" I N 88'57'50" ... " ' - 40.47 -.. - 50.00 -.. ~'>..,',. ------- SCTIUUOJ'r ': .-"t:.:..,'.L '~'.~',' ~.:7~,',' ',- . ,,,: . 'PA/?r' (iF.' , ' . . ,'. . . ' . 'j. ',~' ... , ..,', , LOT',7' . , , , .;. . LOT 18, BLOCK 1 ~~%~ ,,'; . . , . , . . , . I. 1'tAT AQtf;4<<_ AIM (.1tUl:J.21 sa. Fr.) q...~ "'4~' "':'" '\ "EfLpq,K, '1.' '. I I#NfTOFLOTJ1ADOm.. +4OifAQIlD (J4T2.21SQ. fIT.) <o-~-..) ~\ I PNtT 01' LOT "NJDlD.. +4()fJ (~l$ sa. fT.) ';A,,~.'?l~. . '\. . . . . '\ . . . . -.-q--- -,>~~'-- .,,"'\'," ~~ \ ,.,. 1" ~ " ,\', ..\..,. -: '" '..;' . .\ I . . .,,,,-1 'Ill _ _~ '~<' ,\I~O~. ' 2 '1 1\ oInt of 88glnnlng of L1nB D8scrlb8d AboVlO ... . "'", ~~- ~~ >: ~ " ,"... --- 2(u'57 -. . N 897J'O." ... WL$ ,~ FOUND 2 --- GRAPHIC SCALE ,.. . J ( IN FEET ) 1 looh - 30 tl / LS qg -0'$ t10/!U/7(e ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 LOT SPLIT REQUEST FORM Property Address /413-.r VALE. STf.Ccr NW Legal Description of Property: (Fill in whichever is appropriate): Lot I 7 Block .1 PIN ;2{o-~-:<4- i13-00iL.-/ Addition WE l.rit..dJ6G:.. xr: (If metes and bounds, attach the complete legal description). Is the property: Abstract )( or Torrens ? (This information must be providea:ana can be obtained from the County) . ----------------------------------------------------------------- \. Reason for Request (AH(j I S NOr t:JS€MUE &c::.Ir-USli Or T6l.R.AI,J (ElE.\JA-77~ BUT tuoutA hA~ hoLe.. S6-JS E. 70 NA V€ II A-7'J}4-('!76!j ~ (. or /8' tf,-cce .L A';: 7r:::.UAt .J I .s 1-( 0 L.J!. Us. v E. '-- AN!) 7'C ;.., Aka LOT (~ HCu.. SQ0M,..c (LJs6M~) 7JI4..N ""'l'DHIr-\.J-f.. ~TSiJ/ Lc~ (;>4 (~ II€. sf,G4P~ Current zoning R.4- , J ~:::-:~-~~~~~:::~--j-Aj4~~---~----~~~e~------------------ Address fo82 fttlu LANE NLJ,: AN!JW& MN .ss 3et! Home Phone ~-434-~ 2)rl? Business phone Signature __\ ~ Date ~-2.- ~ ~ ----------------------------------------------------------------- Property Owner (Fee Owner) E: (JI.,/."; tl. >~fllZf2- (If different from above) Address 1+\ 35 VftL..€ $"- lfIiIJ Home Phone ~)q. - /7dO Signature L_ <:.....( p~ It rI 0; oJ c:' (L S5J(J'f Business Phone " / Date 9--<,.~r- - ----------------------------------------------------------------- \ ) 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 two public hearings at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday September 22, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the following lot split and variance requests of James Shepard: Split the southern 3,912 square feet from a 16,528 square foot parcel owned by Edwin Sparr located at 14135 Vale Street NW, legally described as Lot 17, Block 1, WEYBRIDGE SECOND ADDITION (pIN 26-32-24-43-0014). Split the eastern four feet from a 13,713 square foot parcel owned by Paul Mitchell located at 1094 141st Lane NW, legally described as Lot 19, Block 1, WEYBRIDGE SECOND ADDITION (pIN 26-32-24-43-0016). , ) Both remnant parcels would be legally combined with property owned by James Shepard at 1082 141st Lane NW, legally described as Lot 18, Block 1, WEYBRIDGE SECOND ADDITION (pIN 26-32-24-43-0015). 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& Victoria V olk, City Clerk Publication dates: September 11, 1998 September 18, 1998 , j " 26322~30030 ::YER MICHON R ~ r' 'lUtENT RESIDENT 3_. ,2ND AVE IDOVER, MN 55304 " 263224430033 EATH WALTER RJR & BONA S C ( CURRENT RESIDENT }6 142ND AVE .DOVER, MN 55304 { 263224430010 KELICH JOHN P & HEATHER M . CURRENT RESIDENT 183 VALE ST .DOVER, MN 55304 1263224430036 OBERT DAVID A & TAMMY M CURRENT RESIDENT ~1141STLN DOVER, MN 55304 ~ 2632244300 II :"L PATRICK C CURRENT RESIDENT 71 VALE ST L ;R, MN 55304 , , ; 263224430013 JERHOLM MARK A CURRENT RESIDENT 47 VALE ST DOVER, MN 55304 , 263224430018 .'IDERLICK STEPHEN W CURRENT RESIDENT 8 141ST LN :>OVER, MN 55304 263224430016 'CHELL PAUL M & PENNY M CURRENT RESIDENT l141ST LN JOVER, MN 55304 353224lloo48 ~ON DOUGLAS B & KATIiRYN M CURRENT RESIDENT ,3 QUINCE ST JOVER, MN 55304 , , J PIN 263224430031 NORDQUIST SCOTT D OR CURRENT RESIDENT ll20 142ND AVE ANDOVER. MN 55304 PIN 263224430009 KNIGHT ERIC S & TRACY OR CURRENT RESIDENT 14195 VALE ST ANDOVER, MN 55304 PIN 263224430038 SKOLBEKKEN DAVID & SAXONL YNN OR CURRENT RESIDENT ll45 141ST LN ANDOVER, MN 55304 PIN 263224430035 SPARR MARL YS K OR CURRENT RESIDENT ll09 141ST LN ANDOVER, MN 55304 PIN 263224440052 RESIDENT 1004 142ND AVE ANDOVER, MN 55304 PIN 263224430020 WIGNALL BRUCE W & ROSE MARIE OR CURRENT RESIDENT ll42 141ST LN ANDOVER, MN 55304 PIN 263224430014 JOHNSON JAMES G & CHERYL A OR CURRENT RESIDENT 14135 VALE ST ANDOVER, MN 55304 PIN 263224430015 SHEPARD JAMES S & DEBORAH J OR CURRENT RESIDENT 1082 141ST LN ANDOVER, MN 55304 PIN 263224440052 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ANDOVER, MN 55304 PIN 263224430032 BRANNAN WILBUR F & PHYLLIS H OR CURRENT RESIDENT 1I08 142ND AVE ANDOVER, MN 55304 PIN 263224430039 DAHL PETER J & CHRISTINE R OR CURRENT RESIDENT ll57 141ST LN ANDOVER, MN 55304 PIN 263224430037 ALLEN SCOTT R & TAMIL OR CURRENT RESIDENT ll33 141ST LN ANDOVER, MN 55304 PIN 263224430034 SCOFIELD DAVID B & ELAINE M OR CURRENT RESIDENT 1097 141ST LN ANDOVER. MN 55304 PIN 263224430012 HEILING NICHOLAS D & SHA WNA L OR CURRENT RESIDENT 14159 VALE ST ANDOVER. MN 55304 PIN 263224430019 SHAY GLENNICE H & GARY L OR CURRENT RESIDENT 1130 141ST LN ANDOVER, MN 55304 PIN 263224430017 HEIL MARK S & WESSEL-BERG C OR CURRENT RESIDENT ll06 141ST LN ANDOVER, MN 55304 PIN 353224110069 WEAST KEVIN S & SANDY J OR CURRENT RESIDENT 971 140TH LN ANDOVER, MN 55304 , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4.1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Vacation of Easement 98-06 13314 Narcissus Street NW Larry T. Lauer John Hinzman, City Planner 5. Request I The City Council is asked to hold a public hearing to vacate the northern five feet of a ten foot drainage and utility easement along the southern property boundary of Lot 18, Block 9, WOODLAND TERRACE 4TH ADDITION (13314 Narcissus Street NW) for Larry T. Lauer on property owned by Mark and Robin Sibinski. A portion of a garage encroaches into the easement. , Staff Review The site is absent of city utilities and is not within the 100 year flood zone. The remaining five foot easement would be consistent with the sideyard residential standard. The existing garage exceeds the six foot minimum setback requirement for an attached garage in the R-4, Single Family Urban Zoning District. Staff Recommendation Staff recommends approval of the vacation of easement. Attachments . Resolution for approval . Area location map . Site location map . Vacation of Easement Application . Notice of public hearing , , J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF LARRY T. LAUER ON PROPERTY OWNED BY MARK AND ROBIN SIBINSKI TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 18 BLOCK 9, WOODLAND TERRACE 4TH ADDITION, 13314 NARCISSUS STREET NW (PIN 32-32-24-44-0087). WHEREAS, Larry T. Lauer has requested to vacate a portion of a drainage and utility easement on property owned by Mark and Robin Sibinski located at 13314 Narcissus Street NW , legally described as Lot 18, Block 9, WOODLAND TERRACE 4TH ADDITION, legally described as follows: Vacation of a portion of a drainage and utility easement on Lot 18, Block 9, WOODLAND TERRACE 4TH ADDITION, as recorded in Anoka County, Minnesota, legally described as follows: The northern 5 feet of the southern 10 feet of said lot; except the most westerly 5 feet; and except the most easterly 20 feet. 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 4th day of November, 1998. CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor Victoria V olk, City Clerk / . 'it'61\ , /\!y City of Andover 13314 NARCISSUS ST NW VACATION OF EASEMENT CITY OF COON RAPIDS LEGEND N Subject Property "N Street Center Lines / ' Water.shp _ Park..shp Parcels BLot I Parcel Boundaries Right-at-Way Water Features LOCATION N A Sources: Andover Engineering Andover GIS Anoka County GIS I inch ~ 224feet RF - 1:2,683 Map Date: October 22, 1998 o N.C. HOIUM AND ASSOCIATES, INC. Do 10731 MissisSippi Blvd. N.W.lHiI~) Coon Rapids. MN 55433 Phone (612) 421.7822 Land Surveyors CERTIFICATE OF SURVEY: LARRY LAUER ~ Denotes Iron found -e- Denotes spike set LEGAL DESCRIPTION: Lot 18, Block 9, WOODLAND TERRACE FOURTH ADDITION, SCALE: 1 inch = 20 feet Anoka County, Minnesota / DoI.sept. 3D, 19!jP.g. Nu. INV 75?~:::!75n~.......... . 4427 cCT-20 98 15:00 FROM: 755-8523 TO: 5127571511 P"GE:82 "r;\'~;'- \v '-, ; f ~ / ., , ;, '1 \1 '.q~:i' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 · (612) 755-5100 VACATION OF EASEMENT REQUEST FORM property Address 133 {if /iU^<:."t'ssaSo S +. V.U) , Legal Description of property: (Vill in whichever is appropriate): Lot I ~ Block q Addi tion WaoJianJ Id<<l.CB Lf-f~(A-ekJ(. Plat parcel PIN r.;{ 3;<. aLl'lLf DOJ/ 7 (If metes ana bounds, attach the camp ate lega~) ________________________________________H_____________----------- R. a ~o n f n' R. quo. t Gte""! e ~,$ cu ,,.. ~f ~If e f!C.fa.Jt6 /, i:; 0 III J D ea...& c.;m ht -r . \ , ~ Current Zoning R I ~:::-:~-~~~~~::~~-----------~~~~~-;:------------------------- Address LN, rJ.,J. 1h1c!{')lletlr fY)tIh. S'530Lf- Home phone Business Phone /S-7~4D Signature Date /0-;:;;;0 -/qq 'I ------------- --------------------------------------------------- property Owner (Fee Owner) /flo..r-/:: 5 anA Rob:" R- S: b,II1S.J(,' (If different from above) Address 133ftr NA f'C.,1 S:s. us. <;+. JlJAiV Home Phone No'() p",b I.f> ked Business Phone M~. Signature ffbJ, Ll-tul ~ ~~ Date : ----------------------------------------------------------------- Ctt Ii /-o.-r-t-y 4r"ter ~(' /lt~5k;~xJ5 c;l'" pro b {el1'lS ct-r 7S;1- q.;)..'EO 0 I' 57/' -{4Q l or S-Qt-;234o \ CITY of ANDOVER " 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The 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 Wednesday, November 4, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the vacation of easement request of Larry T. Lauer, on property owned by Mark and Robin Sibinski to vacate a portion of the southern drainage and utility easement for an existing garage located at 13314 Narcissus Street NW, legally described as Lot 18, Block 9, WOODLAND TERRACE 4TH ADDITION (pIN 32-32-24-44- 0087). 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 \ / ~ IIJb Victoria Volk, City Clerk Publication dates: October 23, 1998 October 30, 1998 / >IN 323224440088 PIN 323224440042 PIN 323224430057 \NDOVER CITY .oF LAFLAMME MICHAEL I & CHERYL DLSDN TDDD L & JODELL L .685 CRDSSTDWN BLVD NW DR CURRENT RESIDENT DR CURRENT RESIDENT \' 1VER, MN 55304 13411 NARCISSUS ST 3429 133RD LN I ANDOVER, MN 55304 ANDOVER, MN 55304 >IN 323224430069 PIN 323224440049 PIN 323224440050 JDRGAN ROGER P & RACHEL A KAHL CLAYTDN I & MARY 1.0 A GEBBIE WAYNE L & CARDL I )R CURRENT RESIDENT DR CURRENT RESIDENT DR CURRENT RESIDENT '407 133RD LN 3395 133RD LN 3379 133RD LN \NDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 'IN 323224440053 PIN 323224430079 PIN 323224430084 ;CHULTZ EDWARD F & ANNE E BENZINGER JEFFREY R ANDERSDN STEVEN & ANNETTE )R CURRENT RESIDENT DR CURRENT RESIDENT DR CURRENT RESIDENT :321133RD LN 13340 POppy ST 3404 133RD LN \NDOVER., MN 55304 ANDOVER., MN 55304 ANDOVER., MN 55304 .lIN 323224440085 PIN 323224430080 PIN 323224440086 )LSDN WILLIS R & JANICE E MAKDUSKY DANIEL J & KIM: M STEINKE RDBT L & MYHRE LISA )R CURRENT RESIDENT DR CURRENT RESIDENT DR CURRENT RESIDENT ;392 133RD LN 13330 POppy ST 3376 133RD LN \NDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 'IN 323224440081 PIN 323224440083 PIN 323224440082 3ENSDN KENNETH G & SANDRA L DAGEN MARKD & RITAK HDEFFLING BRIAN P & PATRICIA M )R CURRENT RESIDENT DR CURRENT RESIDENT DR CURRENT RESIDENT ,3337 NARCISSUS ST 13330 MARlGOLD ST 3336 133RD LN V''''0VER, MN 55304 ANDOVER., MN 55304 ANDOVER., MN 55304 ,J "IN 323224430083 PIN 323224430081 PIN 323224430082 'v1CCLINE MARK L LAKANEN KURT W & CAROLYN M LARSEN JOHN L & CYNTHIA H )R CURRENT RESIDENT DR CURRENT RESIDENT DR CURRENT RESIDENT 13329 POPPY ST 13320 POppy ST 13310 POPPY ST \NDOVER, MN 55304 ANDOVER., MN 55304 ANDOVER., MN 55304 'IN 323224440080 PIN 323224440084 PIN 323224440087 :ASPERSEN JAMES T & SALLY J JDHNSTDN GARY T & NACEY K UIKE LYNN METAL · )R CURRENT RESIDENT DR CURRENT RESIDENT DR CURRENT RESIDENT .3315 NARCISSUS ST 13316 MARlGOLD ST 13314 NARCISSUS ST \NDOVER., MN 55304 ANDOVER., MN 55304 ANDOVER., MN 55304 {ESIDENT RESIDENT RESIDENT i441132ND LN 3431132ND LN 3421132ND LN :ooN RAPIDS, MN 55448 COON RAPIDS, MN 55448 COON RAPIDS, MN 55448 {ESIDENT i411 132ND LN :ooN RAPIDS, MN 55448 RESIDENT 3401132ND LN COON RAPIDS, MN 55448 RESIDENT 3391 132ND LN COON RAPIDS, MN 55448 'U._JENT ;J81 132ND LN :ooN RAPIDS, MN 55448 RESIDENT 3361132ND LN COON RAPIDS, MN 55448 RESIDENT 3351132ND LN COON RAPIDS, MN 55448 ~SIDENT ;390 132ND LN .::r""l RAPIDS, MN 55448 RESIDENT 3380 132ND LN COON RAPIDS, MN 55448 RESIDENT 3370 132ND LN COON RAPIDS, MN 55448 , I ~SIDENT ;360 132ND LN :ooN RAPIDS, MN 55448 RESIDENT 3350 132ND LN COON RAPIDS, MN 55448 RESIDENT 3340 132ND LN COON RAPIDS, MN 55448 lliSIDENT '3221 poppy ST :ooN RAPIDS, MN 55448 RESIDENT 13230 poppy ST COON RAPIDS, MN 55448 RESIDENT 13231 poppy ST COON RAPIDS, MN 55448 lliSIDENT 3185 ORClllD ST :ooN RAPIDS, MN 55448 RESIDENT 131950RClllD ST COON RAPIDS, MN 55448 RESIDENT 13260 MARIGOLD ST COON RAPIDS, MN 55448 lliSIDENT ~3270 MARIGOLD ST ::ooN RAPIDS, MN 55448 , J , / \ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4.1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Vacation of Easement 98-07 2381 155th Lane NW Duane Matzek John Hinzman, City Planner Co. Reauest The City Council is asked to hold a public hearing to vacate a portion of a drainage and utility easement in order to place a primary mound site for Duane Matzek located at Lot 6, Block 3, WITTINGTON RIDGE (2381 155th Lane NW). ) Staff Review The proposed vacation site is absent of city utilities and is not within the 100 year flood zone. Staff Recommendation Staff recommends approval of the vacation of easement. Attachments . Resolution for approval . Area location map . Site 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 V ACA TION OF EASEMENT REQUEST OF DUANE MATZEK TO V ACA TE A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 6 BLOCK 3, WITTINGTON RIDGE, 2381 155TH LANE NW (PIN 22-32-24-22-0010). WHEREAS, Duane Matzek has requested to vacate a portion of a drainage and utility easement located at 2381 155th Lane NW , legally described as Lot 6, Block 3, WITTINGTON RIDGE, legally described as follows: That part of a drainage and utility easement to be vacated on Lot 6, Block 3, WITTINGTON RIDGE, Anoka County, Minnesota, described as follows: \. / Commencing at the northwest comer of said Lot 6; thence South 88 degrees 39 minutes 55 seconds East, assumed bearing along the north line of said Lot 6, a distance of95.00 feet; thence South 13 degrees 02 minutes 11 seconds East a distance of 87.75 feet to the point of beginning of the vacate portion of easement to be described; thence continue South 13 degrees 02 minutes 11 seconds East a distance of 109.87 feet; thence North 00 degrees 50 minutes 42 seconds East a distance of 106.43 feet; thence North 88 degrees 39 minutes 55 seconds West a distance of26.36 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 4th day of November, 1998. CITY OF ANDOVER ATTEST lE. McKelvey, Mayor Victoria Volk, City Clerk / ~ ,\lu~ ~OP~ D '/\/ Street Center Lines / - ~ Water.shp _ Park..shp Parcels 8 lot I Parcel Boundaries Right-of-Way Water Features City of Andover ~ . ~ -" 2381 155th Lane NW Vacation of Easement .. Jii. LOCATION -' 154TH LN N fA. Sources: Andover Engineering Andover GIS Anoka County GIS 1 inch'"" 457 feet RF - 1:5,483 Map Date: October 22, 1998 t- oo w ;t Cl z i= :r: Cl Z Easement Vacation Exhibit \ \ \ \ \ \~ \~ \~ \ \ \ \ , \ N8a'.)a'~", 8&262 It ~ ~~..p~l_6~ ,,'"] '1 \-" .,": . ~- ,"j" .'32 58261 \ .~. . -l~ \~';' ,'8 ,~ " ). I 882.98 r;- -f -~, proposed area to be vacated >l )l, r t~>' tl area = 1,403 sq.ft. 0.03 acres 8U~ . \ :'8/ ~ . ',1- H ".1 )43 )( &8382 \ _, I l j'''r~ --, 0 U.17 8V5i \'1 1- \,:1 .3 ...~ I j . ..,72 I , )I.. 88).2D \ " "to' r ~\>' ;.~}\ LOT 6 \ 1\ \ I \ \ \ I \ \ / \ , I \ \ I \ \ , \ ".-NcwtI\-tCllrn<<ofI.4t8 "00 / . 8IU.'iIO &8~,la w . N~ 1')1') ~~ gl') Z . &&6.14 . ~.il )l,8V_f>O pl'QpClIM4hou"'ocotloft (b70UMrl) >l &84.07 , '1.""<1 4,iY"'fSO <1..)1 "<~(/?O ,_ s." I 1/ lQ"" 'L=51.74/ ',_ ~"Cc:o; R~20J6,67 q"~~~ 6=01'27'20" "qj'~"V --___ ~<j ------ - PACPOSED DESCRlPl1QoI FOR VACATED EASEWENT: SBB"J9'SS"E 271.45 North Iln. or Lot 8-, ~ N I 1 INCH - 40 FEET (J) c.,aO 10"': OI~ ioN ......"'. fT1 &&]611 Thot part 0' a Orolna~ and UtilIty Eo..ment to b. vacat.d In Lot B. Block J. W1ttlngton Rktg.. Anoko County, Ulnn.solo. d---, _ loIlo.c Commenc...... ot the northw.st corn... of .old lot 6; th<<lc. South B8 d-or.es 39 minutes ~~ '<<ands Eo,t. assumed beorlru;j. :f8~.~~. t:~ol~. O:O=tido~O~.:;.:In:I.~~~.. ~~.: ::::ton th:r~~.=~t 1~0 db?::::~int~=c:~lc::n~~~. ~~ ~Jdi~~;~:. 02 minute. 11 ..cond. Eost 0 dllitonc:. of 109.87 t..t; thence North 00 d.qr... .50 mJrn,t.. ..2 HConde Easl 0 alstanc. of lOG.'" toet; thence North 88 d.... 39 minutes 55 Heonas West Q d1.tonce of 25.JO foel to the point of beginning. / Lot 6, Block 3 WITTINGTON RIDGE \ ) I I 1 1 I 1 I 1 I I I 1 I 1 1 1 I 1 1 1 I I 1 I 1 I I I I ~ I....Q ,"!!'t :ii; I 1 I I I 1 1 I 1 1 1 1 1 I I I I , I I 1 1 1 1 1 I I , . . ~ e i R I 104.71 NB4"()B'orw --- L-96.ao ___- R~249B.J7 ----_ 6=021J'12" --- ~---- 155m LANE N. Jr. - - - -- - - LEGEND .lSOO.Q _ I 1111 Ho~onson Plan'" tS:~Y~C. <@]) - ..-, o 't)-. Denotes existing elevation Denotes proposed elevation from grade or development Denotes soil boring Denotes percolation test hole Bearings shown are assumed CI9onr.. s.r..,..... .. ~ llrcHt.ct. J6I1 1~.tGrl A..... ......... ....Mt. ~ 612~"21-~860 FAll. 612-..i!1-0~20 lU ""- n. Ii. Ibllll:do, ~Ht. ~ 612-2"-~800 FAX 6l,e-,e9S-....S8 Job No,: 1of2765.0 1 0.Q8 No: J.A'76501.nWr. \~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 Property Address VACATION OF EASEMENT REQUEST FORM d3S/ {SS-f"J Lane t1)w Legal Description of Property: (Fill in whichever is appropriate): Lot G Block 3 Addition W,'H/n!j/o/l Rld~ PIN ~-.~-;;(4-d;;<'-(J:JIO the complete legal) plat Parcel (If metes and bounds, attach ----------------------------------------------------------------- Reason for Request 0') /carle 5epf'-c 41"f'c, . ./ Current zoning f?-l ----------------------------------------------------------------- Name of Applicant DlAClfle Jv1ctfZe K Address /0 Jf.J.7 Ve/(o..J PH\C Sr A/'v../ " Home phone I) ~'i- I:) I.(t.{ D//t?~L ~* Signature Cr'\7\.. 8'tj"-3S"50 Business Phone '1 ),1- 9 Cd m Date (tJ-)-7-7Y ----------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business phone Signature Date ----------------------------------------------------------------- . / 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 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 Wednesday, November 4, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW,Andover, Minnesota to review a vacation of easement request of a portion of the drainage and utility easement of 2381 155th Lane NW, legally described as Lot 6, Block 3, WITTINGTON' RIDGE (pIN 22-32-24-22-0010). ' All written and verbal coinments will be received at that time. A copy of the application will be available for review prior to the meeting at City Hall. ~t!~ Victoria V ollc, City Clerk Publication dates: October 23, 1998 October 30, 1998 ., ~'.;' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 4.1998 AGENDA SECTION ORIGINATING DEPARTMENT Finance ~\:)~ Jean D, McGann Discussion Public Hearing lITEM NO. C. Assessment Hearing/Certify Delinquent Utility Bills BACKGROUND: The owners of the parcels with delinquent sewer, water and/or street lighting service charges have been notified of the proposed assessment and certification process, The delinquent balance for the proposed assessment totaled $13,742.46 as of October 26,1998, Notice of the assessment hearing was mailed to affected property owners on October 8,1998, Payments received through October 26 have been applied to the delinquent accounts, reducing the delinquent balance to $13,742.46. An administrative fee equal to 15 percent of the delinquency plus interest of 8 percent is added to each delinquent account. Therefore, the total assessment for delinquent sewer, water and street light services is $16,903,23, REQUEST: The Andover City Council is requested to approve the attached resolution adopting the assessment roll after the Council has met, heard and passed upon all objections for delinquent sewer, water and street lighting service charges. The resolution adopting the assessment roll is attached. / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER AND/OR STREET LIGHTING SERVICE CHARGES, WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment fro the delinquent sewer, water and/or street lighting service charges, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: I. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. / 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 1999 and shall bear interest at the rate of 8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to Anoka Electric Cooperative, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution. Motion by Council member , seconded by Council member and adopted by the City Council of the City of Andover on this 4th day of November, 1998, CITY OF ANDOVER ATTEST: Victoria V olk - City Clerk IE. McKelvey, Mayor . / 1998 10/29/98 List of Delinquent Utility Bills To Be Assessed to County Auditor " Amt. Certified ) PIN # Service Address Amount IncludinCl 8% 32-32-24-43-0062 3487 133rd Lane NW 207.98 255.82 34-32-24-33-0020 2333 135th Avenue NW 94.69 116.47 34-32-24-33-0016 2373 135th Avenue NW 20.55 25.28 33-32-24-44-0017 2426 135th Avenue NW 174.87 215.09 33-32-24-44-0012 2486 135th Avenue NW 64.64 79.51 34-32-24-34-0081 2150 135th Lane NW 39.05 48.03 33-32-24-41-0065 2567 135th Lane NW 180.25 221.71 33-32-24-41-0058 2586 135th Lane NW 230,55 283.58 33-32-24-41-0067 2591 135th Lane NW 181,95 223.80 36-32-24-24-0021 445 137th Lane NW 143.86 176.95 34-32-24-24-0077 2158 137th Lane NW 56.09 68,99 33-32-24-14-0008 2515 138th Avenue NW 66,15 81.36 33-32-24-13-0064 2658 138th Avenue NW 25.30 31.12 33-32-24-13-0052 2720 138th Avenue NW 61.84 76.06 32-32-24-13-0011 3407 138th Lane NW 218.27 268.47 33-32-24-21-0052 2955 139th Avenue NW 26.40 32.47 32-32-24-11-0012 3245 139th Avenue NW 430.68 529.74 32-32-24-12-0035 3479 139th Avenue NW 322.87 397.13 32-32-24-24-0032 3719 139th Avenue NW 382,56 470.55 35-32-24-12-0044 1098 139th Lane NW 86.19 106.01 32-32-24-12-0030 3452 139th Lane NW 267.52 329.05 / 32-32-24-11-0030 3244 140th Avenue NW 61.27 75.36 36-32-24-21-0044 584 140th Lane NW 61.39 75.51 33-32-24-12-0018 2623 140th Lane NW 43.50 53.51 32-32-24-21-0021 3616 140th Lane NW 97.70 120.17 32-32-24-21-0021 3616 140th Lane NW 62.31 76,64 32-32-24-21-0021 3616 140th Lane NW 63,66 78.30 32-32-24-21-0005 3617 140th Lane NW 19.80 24.35 27-32-24-34-0046 2128141stAvenue NW 55.73 68.55 27-32-24-33-0080 2217141stAvenue NW 198.15 243.72 28-32-24-34-0048 2925 141 st Avenue NW 14.49 17.82 29-32-24-34-0054 3659 141st Lane NW 26.40 32.47 29-32-24-34-0055 3673 141st Lane NW 155.91 191.77 26-32-24-43-0053 1107 142nd Avenue NW 153.37 188,65 29-32-24-43-0088 3441 142nd Avenue NW 26.40 32.47 26-32-24-32-0083 1563 143rd Avenue NW 248.35 305.47 26-32-24-32-0079 1558 144th Avenue NW 37.00 45,51 29-32-24-32-0015 3948 145th Avenue NW 185.01 227.56 30-32-24-14-0067 4163 145th Lane NW 589.15 724.65 30-32-24-14-0016 3994 146th Lane NW 586.50 721.40 26-32-24-21-0009 1237 148th Lane NW 10.55 12.98 27-32-24-11-0012 1717 148th Lane NW 103.31 127.07 22-32-24-34-0013 2049 150th Lane NW 289.31 355.85 09-32-24-41-0005 2569 - 168th Lane NW 46.44 57.12 09-32-24-42-0016 2686 - 168th Lane NW 46.44 57,12 / 09-32-24-42-0015 2762 - 168th Lane NW 46.44 57.12 12-32-25-24-0018 5221 - 169th Lane NW 17.58 21.62 Page 1 1998 10/29/98 list of Delinquent Utility Bills To Be Assessed to County Auditor Amt. Certified / PIN # Service Address Amount IncludinQ 8% 23-32-24-34-0017 15076 Avocet Street NW 108.13 133.00 32-32-24-22-0058 14028 Aztec Street NW 388,84 478.27 32-32-24-22-0052 14072 Aztec Street NW 80.47 98.98 26-32-24-24-0074 14541 Bluebird Street NW 34.93 42.96 26-32-24-24-0038 14613 Bluebird Street Nw 57.89 71.20 33-32-24-14-0018 2461 Bunker Lake Blvd NW 270.90 333.21 27-32-24-32-0019 2312 So, Coon Creek Drive NW 191.52 235.57 28-32-24-32-0008 3060 So. Coon Creek Drive NW 15.36 18.89 26-32-24-32-0013 14387 Crane Street NW 36,34 44.70 23-32-24-33-0022 15022 Crane Street NW 21.17 26.04 33-32-24-13-0024 13818 Crosstown Drive NW 41.50 51.05 27-32-24-31-0008 14351 Crosstown Blvd NW 125.78 154.71 27-32-24-31-0004 14352 Crosstown Blvd NW 59.78 73.53 26-32-24-32-0047 14354 Drake Street NW 122.64 150.85 23-32-24-33-0008 14968 Eagle Street NW 53.48 65.78 33-32-24-21-0051 13910 Eidelweiss Street NW 26.40 32.47 27-32-24-14-0008 14651 Grouse Street NW 105.54 129.81 27-32-24-11-0068 14749 Grouse Street NW 416.40 512.17 33-32-24-23-0017 13887 Heather Street NW 55.51 68.28 33-32-24-21-0043 13917 Heather Street NW 26.40 32.47 33-32-24-21-0045 13945 Heather Street NW 26.40 32.47 / 27-32-24-14-0081 14540 Ibis Street NW 596.60 733.82 34-32-24-43-0010 13466 Jay Street NW 50.30 61.87 27-32-24-11-0094 14769 Jay Street NW 127.65 157.01 29-32-24-41-0036 14409 Jonquil Street NW 329,39 405.15 36-32-24-21-0053 13967 Juniper Street NW 95.81 117 .85 34-32-24-43-0066 13321 Killdeer Street NW 19.30 23.74 32-32-24-41-0019 13564 Narcissus Street NW 26.40 32.47 17-32-24-14-0009 16177 Narcissus Street NW 22,16 27.26 36-32-24-23-0007 13925 Norway Street NW 161.18 198.25 32-32-24-14-0011 13838 Orchid Street NW 165.39 203.43 29-32-24-43-0082 14206 Quay Street NW 26.40 32.47 29-32-24-43-0083 14212 Quay Street NW 26.40 32.47 29-32-24-43-0086 14223 Quay Street NW 17.47 21.49 26-32-24-44-0031 14181 Quince Street NW 236.30 290.65 26-32-24-41-0011 14346 Quince Street NW 18.48 22.73 34-32-24-24-0052 13760 Quinn Street NW 69.56 85.56 34-32-24-23-0026 13835 Raven Street NW 264.94 325.88 27-32-24-33-0076 14092 Raven Street NW 47.17 58.02 27-32-24-33-0063 14323 Raven Street NW 156,04 191.93 32-32-24-13-0028 13872 Rose Street NW 242,80 298.64 29-32-24-43-0081 14209 Rose Street NW 27.4 7 33.79 29-32-24-43-0075 14210 Rose Street NW 28.47 35.02 29-32-24-43-0076 14220 Rose Street NW 26.40 32.47 29-32-24-43-0079 14229 Rose Street NW 18.52 22.78 , 29-32-24-43-0078 14240 Rose Street NW 56.80 69.86 / 29-32-24-42-0060 14410 Round Lake Blvd NW 62.35 76.69 Page 2 1998 10/29/98 List of Delinquent Utility Bills To Be Assessed to County Auditor Amt. Certified , / PIN # Service Address Amount IncludinQ 8% 32-32-24-12-0055 14001 Silverod Street NW 231.94 285.29 29-32-24-43-0072 14223 Silverod Street NW 16.00 19.68 29-32-24-43-0072 14223 Silverod Street NW 95.30 117.22 15-32-24-32-0039 15911 Swallow Street NW 39,00 47.97 29-32-24-34-0047 14249 Underclift Street NW 43.50 53.51 29-32-24-31-0137 14406 Underclift Street NW 155.63 191.42 05-32-24-34-0037 17469 Underclift Street NW 22,16 27.26 34-32-24-22-0011 13930 Uplander Street NW 19.06 23.44 27-32-24-33-0016 14259 Uplander Street NW 46.57 57.28 35-32-24-13-0031 13788 Vale Street NW 87.57 107.71 26-32-24-42-0036 14435 Vale Street NW 83.60 102.83 26-32-24-42-0066 14336 Vale Street NW 103,90 127.80 29-32-24-34-0025 14204 Vintage Street NW 252.90 311.07 26-32-24-42-0078 14394 Wintergreen Street NW 74.32 91.41 32-32-24-23-0011 13892 Woodbine Street NW 288.02 354.26 33-32-24-44-0022 13439 Wren Street NW 206.72 254.27 26-32-24-42-0014 14341 Xeon Street NW 76.70 94.34 29-32-24-32-0025 14490 Yucca Street NW 42.77 52,61 26-32-24-31-0039 14302 Zilla Street NW 143.25 176.20 TOTALS 13,742.46 16,903.23 / , / Page 3 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ J DATE: November 4. t 998 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Department ITEM NO, ~. Sketch Plan - Fox Hollow Section 22 GaR-EM, LLC David L. Carlberg Community Development Director The City Council is asked to review and comment on the sketch plan of Fox Hollow generally located north and west of the Oak View Middle School in Section 22 as being proposed by GaR-EM, LLC. The sketch plan consists of 82 single family lots and 36 townhome units. Planning and Zoning Commission Review The Planning and Zoning Commission reviewed the sketch plan on October 27, 1998. The , / Commission generally agreed with the concept of the plan, however some were concerned with the townhome use and the amending of the Comprehensive Plan to allow the use. The Commission also did not support a five foot variance to allow the townhomes to have a front yard setback of twenty-five feet. The Commission was concerned with the traffic speeds that may be generated on Linnet Street NW due to the long straight roadway design. The Commission requested some minor adjustments in the rear yard lot line configurations for Block 3 as well. Attached is the staff report from their meeting for background information and Council review. Park and Recreation Commission Review The Park and Recreation Commission will be reviewing the sketch plan at their November 5, 1998 meeting. The Commission will most likely be recommending the acceptance of cash in lieu of land. \ J To: John Hinzman , J RE: Draft Minutes Planning and Zoning Commission Meeting October 27, 1998 DRAfT SKETCH PlAN REVlEW - FOX HOUOW - SECT/ON 22 - COR-EM, He Mr, Hinzman reviewed the sketch plan of the proposed development of Fox Meadows located north and west of the Oak View Middle School. The plan consists of 82 single family lots and 36 townhome lots on 46,7 acres, That area north of the school on which townhomes are proposed will need to be rezoned to M-l, That area is also adjacent to the Grey Oaks PUD for senior housing, The remainder ofthe property will need to be rezoned to R-4, Single Family Urban, The Comprehensive Plan Land Use Plan will also need to be amended from RU, Residential Urban, to RM, Residential Medium density on the eastern part of the plat to allow the townhomes, Trails may be proposed along both Nightingale and Hanson Boulevard, as well as possible links to the school. A trail is also being proposed on the east end through the gas line easement between Lots 18 and 19, then along the street / In comparing this proposal to the one previously proposed by another developer for the area, the biggest difference is the number of entrances onto Nightingale, Three entrances are shown on the sketch plan, Staff is proposing there be only two, similar to what was developed when the Burr Oaks sketch plan was proposed. The area can be serviced by sewer and water from the south, though a lift station may be needed, The eastern portion may be served from the line east of Hanson Boulevard. Three existing homes will remain on the property, but only one will front on Nightingale. The other two will be incorporated into the streets in the development Mr. Hinzman also noted a five-foot variance is being requested to the front yard setback requirement on all of the to"mhome lots, Staff is suggesting this may be done through the PUD process rather than by granting variances, The Planning Commission made the following comments and recommendations: I) When this was first reviewed, it was for single family lots for the entire development If that is what was planned when doing the Comprehensive plan, why should the City change it? Mr. Hinzman felt the biggest reason is that there is multiple housing to the north and the school to the south, and the idea was the townhomes would be a good transition between those areas, While most of the Commissioners personally did not want the increased density and preferred single family housing on the east end, it was understood that a good planning technique is to have multiples for the transition, , / 2) The commission recalled they wanted a second connection to the PL1D development to the north, Mr. Hinzman stated the City Council agreed to have Hummingbird be the link, Commissioner Wells disagreed with the Council, feeling another entrance to the north is needed for safety purposes, 3) Mr, Hinzman stated Staff is recommending that 155th and the street to the south be DF' It F;:ir , , ,,\0, l-"t. u U , / combined into one entrance onto Nightingale. Commissioner Luedtke felt there should be three entrances onto Nightingale, especially since there will only be one exit onto Nightingale from Grey Oaks. 4) Several Commissioners expressed concern with being a straight away parallel to the school property. The preference .vas to have some curves to slow traffic. 5) A couple Commissioners expressed disappointment that the developers were not present to explain their proposal and to hearthe comments and concerns of the Commission. 6) Mr. Hinzman stated the Staff is proposing a PUD to provide flexibility for some of the setback requirements No density increase is being proposed. Several Commissioners stated they would not support \lariances in setbacks. For there to be a PUD, there must be some trade off, some benefit to the City. Mr. Hinzman stated the trade offwould be the hardship and tree protection, The Commissioners generally did not support the variances in the setback requirements. 7: Commissioner Jacobson had a problem with trails going onto the street. There could be a lot of traffic on Hummingbird, and the street is not a reasonable place for a trail. He suggested looking at the northern property line and run the trail all the way along the back to get it off the street. He also suggested some provision for a trail to the school be provided on Block 2 around Lots 6 or 7, , / 8) The town homes appear to be on one lot, as no individual lot lines are shown. There needs to be individual lots. 9) The Commission suggested the lot lines of Lots 2, 3, 4, and 5 of Block 3 be reconfigured, or property owners will be coming to the City to move those lines around, 10) The sketch plan should indicate provisions for temporary turnarounds where the streets stop at the edge ofthe subdivision. 11) There should be a buffer along the property abutting the school. It could be a fence or some way to keep people out ofthe school grounds. 12) Commissioner Jacobson supported an exit onto Hanson Boulevard to carry the traffic from the subdivision. Mr, Hinzman did not think it would meet the distance requirements from the proposed entrance in Grey Oaks to the north. 13) Commissioner Wells did not \\'ant to see them take out all of the trees when putting in the development. Commissioner Apel stated that is the reason for the request to vary from the setback requirements. To save the trees, something has to be given up. Mr. Hinzman noted this will be reviewed by the City Council at their November 4 meeting. / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR Planning AGENDA 5. Sketch'Plan Fox Hollow David L. Carlberg Gor-em LLC BY: Community Development Directc r BY: Request I I The Planning and Zoning Commission is requested to review the proposed sketch I plan of Fox Hollow, generally located north and west of the Oak View Middle I i School in Section 22 as presented by Gor-em, LtC. , General Comments , * The proposed sketch plan consists of 82 single family lots and 36 townhome lots or units on 46.7 acres. >Ii The proposed sketch plan is located in an R-l, Single Family Rural Zoning District. The property will need to be rezoned to R-4, Single Family Urban for the single family units and M-l for the townhome units. * The Andover Comprehensive Plan Land Use Plan will need to be amended from RU, Residential Urban to RM, Residential Medium density on the eastern part of the plat to allow the townhomes. * A five (5') foot variance is being requested to the front yard setback requirement on all of the townhome lots. Ordinance No.8, Section 6.02 requires a front yard setback of thirty (30') feet in an M-l, Multiple Dwelling District. * The property is located within the Metropolitan Urban Service Area (MUSA) and is scheduled for development in 1999 in accordance with the Development Policy Guideline. DATE Ortnhpr)7 1 QQR ./ Page Two Sketch Plan - Fox Hollow Section 22 Gor-em, LLC Planning and Zoning Commission Meeting October 27, 1998 * All lots shall be required to meet the provisions of Ordinance No. 10, Section 9.06a(1) which relates to buildability requirements. In addition, the front 100 feet of each lot must be buildable which is a standard the City uses for lots developed with municipal sewer and water. * The Water Resource Management Plan shall be implemented with the development. * The 100 year pond elevation shall be identified on the preliminary plat. In addition drainage and utility easements are required for the 100 year flood elevations. * The developer and/or owner is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. * Wetlands within the proposed development that must be delineated by agencies and indicated on the preliminary plat. The Local Government Unit is the Coon Creek Watershed District. The developer shall contact the CCWD to discuss the 1991 Wetland Conservation Act that is in effect. * The developer is required to meet the following City Ordinances and all other applicable ordinances: Ordinance No.8, the Zoning Ordinance Ordinance No. 10, the Platting and Subdividing Ordinance Ordinance No. 114, Wetland Buffer Ordinance Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy , Page Three Sketch Plan - Fox Hollow Section 22 Gor-em, LLC Planning and Zoning Commission Meeting October 27, 1998 Park and Recreation Commission Comments The Commission has not reviewed the sketch plan to date. It is expected that the Commission will recommend the acceptance of cash in lieu of land. Andover Review Committee Comments The Andover Review Committee (ARC) met on Tuesday, October 20, 1998 to discuss the sketch plan. Comments from the meeting are as follows: * Street entrance (Hummingbird Street NW) to the Grey Oaks plat to the north must be verified to insure the centerlines match. * Examine the reconfiguration of ISSth Avenue NW to intersect with IS4th Lane NW to eliminate the direct access to Nightingale Street NW. This will also eliminate ISSth Avenue NW from being a through street to Hanson Boulevard NW through the Grey Oaks plat. * Lot IS, Block S may be better served as a townhome vs a single family home. * Examine the reconfiguration of the rear lot lines in Block 3. * Trail connections to the Oak View Middle School need to be examined. * Explanation is needed for the twenty (20') foot strip ofland east of Lot IS. If this is a proposed trail connection to the plat of Grey Oaks to the north the location of the trail needs to be discussed. * Trail connections of the east side of the plat to Hanson Boulevard NW needs to be discussed and reviewed. * A SO/SO cost share will be required for the bikeway/walkway trail along Hanson J Boulevard NW and Nightingale Street NW (south of ISSth Avenue NW). '\ Page Four Sketch Plan - Fox Hollow Section 22 Gor-em, LLC Planning and Zoning Commission Meeting October 27, 1998 * The property will be serviced by municipal sanitary sewer and water from the south and the east. The timing of these utilities and their configurations will need to be further evaluated with the developer during the grading and utility design. A deep gravity sanitary sewer collection system or a lift station may be required to serve the northwesterly side of the project depending upon on the final grades and lowest floor elevations. * Watermain will need to be looped in the two cul-de-sacs. * Easements (temporary and/or permanent) may need to be obtained from the landowner to the south of the plat. * Ifvariances are granted to the front yard setback for the townhome units this will create shorter driveways which need to be examined in regard to off-street parking. * Examine the use of custom grading on the site to preserve trees. * Plat needs to be reviewed by Northern Natural Gas as an existing and a proposed second gas line cross the northeast comer of the plat. It should be noted that some of the above listed items will need to be addressed as a part of the sketch plan review and some of the items will need to be addressed as a part of the preliminary plat application and review. The ARC is listing these items at this time for discussion purposes. The Planning and Zoning Commission should remember that this item has not been studied by staff in detail as most of the detail will be reviewed as a part of the preliminary plat J .~ City of Andover FOX HOLLOW SKETCH PLAN I I I v---) r----- I / l- f/) W -I <( Cl Z l- I Cl Z LEGEND ;-:/ Subject Property '1\""; Street Center lines ) Water.shp 'III! Park.shp Parcels EJ LotI Parcel Boundaries Right-of-Way Water Features ILOCATIQ.~. ~.... N A Sources: Andover Engineering Andover GIS Anok2 County GIS 1 inch'" 724 feet RF - U.683 Map Date: October 23, 1998 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE November4.1998 AGENDA Discussion SECTION ORIGINATING DEPARTMENT Finance ~~ Jean D. McGann lITEM NO. q. Refunding of Fire Bonds BACKGROUND: In 1991 the City of Andover issued a General Obligation bond for the construction of a Fire Station in the amount of $2,500,000. This issue specifies the City may elect on July 1, 1998, and any interest payment date thereafter, to prepay bonds on or after July 1, 1999. / The principal and interest payments on this bond are part of the annual tax levy on the residents of Andover. The balance remaining on the debt is $750,000. City staffis requesting to refinance $750,000 with the first principal payment on the refinancing due 07-01-99. The future interest savings that will be realized by this refunding is approximately $19,975. This does not take into account the interest the City could earn if the money was invested at today's rates. At the present time the interest rate we are paying on the debt varies between 6.25% and 6.5%. The amount we can receive on our investments averages 5.2% and the refinancing interest rate is between 3.5% and 3.65%. City staff is recommending to do this refunding as a negotiated sale as opposed to a bidding process, By doing a negotiated sale, bond issuance cost are reduced significantly and the savings to the residents of Andover is greater. The amount of savings indicated above is calculated assuming the negotiated sale process is utilized. REQUEST: The Andover City Council is requested to approve the attached resolution relating to refunding (refinancing the General Obligation bond of 1991A). , / W "- / 3 U .. > :: ;;;i~ '" -~ L '" Ww 000 0.... a: 3 ~ ~ ~ ~ ~ W w- 0 0~ :1;" ~C G~ '" u '" ~ ~~~~s gCM":O ""~~;::~ f"i1Ot-:,.j"'; - - ~8888 ~~~~~ Pi": tif"i:! 2~:::~~~ ~~mQ(::,!;f. "".",...mmm -,.Jm"':ui .,; ...1- Sl8888 "':uiuilrilli ~ ",Z t')"'.......... N "W CIl___ Z:> MtD lOrD' ,; 0 Z>- ~-~ ~ .. ..'" N N N : L ~ Sl~~~ ~ 0 ..01- ~i ..0 ....IDU'/Il) ~ "W ..,........ N ZW z::l eft...... _ 0" Zo- ~~~cD ,; .. ..~ ~ oj .. 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(j ~ eO:: '" .- L.", .g > ,., 6!~ ~'" I- " :w z ;i ...!!:u <'" W .. !:p-~::I~~ ~5~5!~f 0 ~ .- ,., " " ~ ] .. ;, ~ . .l! > .; ~u :e zz N- o ~> ~ < "0 ~ ;;; ;; I!'g ~~ ~ z ,., ;; ~ 0::1; 5 ~2 . ~ ..~ 0" ~ D " ~z , , ~ L Iii ,'" :"':' D" o~ W 19: ,N j!:~ ~ ci)iD ~ : :B " '" " dj:: >- 0Z Zw .. ,,0 0 0" W Uo '" o~ '" L z>- w 0" '" "L L ~ g ~ :1 ;: 0 I- .... .".".. '" .",.,~ ~ ~~ oo~'" 0 gM!:!! ;:0 "'Noo ~ ..- ~~ _O~ .; ,.,~- 8 ~~..; "i" 'ot:..:- ,.,,, oo - ~ . .: g: . ~;~ ~~? O~oa:C o"'o~ c~g.~~ ~gg.~ .! ~1Il~~~. .~g~~.. c~~~ffi~~l~g~~~i !~:;~~"i'i.!~~~"i. ."Xo(Z<I(tJu..E;co(o(uu OWl- to- >; ~ ~ < < H'l/28/98 11 : 47 BRIGGS MORGAN ~ 755 8923 NO.024 P002/027 , ) J EXTRACT OF MINUTES OF ~ MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: November 4, 1998 Pursuant to due call and notice thereof, a regular or special meeting of the city Council of the city of Andover, Anoka County, Minnesota, waa duly called and held at the City Hall in said City on Wednesday, the 4th day of November, ~998, at o'clock _.M., for the purpose, in part, of authorizing the issuance of, and awarding the sale of, $760,000 General Obligation Refunding Bonds of 1998 of the City. The following members were present: and the following were absent: Member and moved its adoption. introduced the following resolution RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $760,000 GENERAL OBLIGATION REFUNDING BONOS OF 1998, AND LEVYING A TAX FOR THE PAYMENT THEREOF " , .' A. WHEREAS, the City of Andover, Minnesota (the "City"), has heretofore issued $2,500,000 General Obligation Bonds, series 1991A, dated July 1, 1991 (the I1prior Bonds"), for the purpose of providing money to aid in financing the cost of conscructing and equipping fire stations (the "Project"); and B. WHEREAS, $750,000 in principal amount of the Prior Bonds which mature in the years 1999 and thereafter are subject to redemption and prepayment at the option of the City on July ~, 1998 and any date thereafter at a price of par plue accrued interest as provided in the resolution of the City Council, dated June 18, 199~, authorizing the issuance of the Prior Bonds (the "Prior Resolution"); and C. WHEREAS, the City Council deems it desirable and in the beet interests of the City to call for redemption and prepayment all of the Prior Bonds which mature on July 1, 1999 and thereafter on January 1, 1999 in accordance with the Prior Resolution in order to reduce the debt ae~ice coate to the City; and D. WHEREAS, the City Council has heretofore determined and declared that it is necessary and exped1en~ to \ ".0'8.1 / Hl/28/98 11 : 47 BR I GGS MORGAN 7 755 8923 NO.024 P003/027 , ) issue $760,000 General Obligation Refunding Bonds of 199B (the "6onda") of the City, pursuant to Minneeota Statutes, Chapter 475, to provide funds, together with other available funds, to pay on January 1, 1999, all of the City's Prior Bonda, which then remain outstanding (the "Refunding"); and E, WHEREAS, no other obligations have been sold pureuant to a private sale within the last twelve (12) calendar monthe of the date hereof which when combined with this issue would exceed the $1,200,000 limitation on negotiated sales as required by Minnesota StatuteS, Section 475.60, subdivision 2(2); and F. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; ana NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Offer. The offer of Juran & Moody (the "Purchaser"), to purchas~ the Bonds of the City (or individually, a "Bondlt), in accordance with the terms established therefor and at the rates of interest hereinafter sec forch, and to pay therefor the Bum of $749,436, plus interest accrued to settlement, ie hereby accepted. 2. Bond Terms. / (a) Title: original Issue Datel Denominations: Maturities. The Bonde ehal~ be titled "General Obligation Refunding Bonds of 1998", shall be dated December 1, 1998, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numberea from R-l upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denomina- tions"). The Bonda shall mature on July 1 in the years and amounts as follows: ~ Amount ~ Amount 1999 2000 $255,000 265,000 2001 $240,000 (b) Book EQtrv Onty System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depoaltory~) will act as securities depository for the Eonds, and to this end; (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry " ....09. .1 2 10/28/98 11 : 47 BR I GGS MORGAN 7 755 8923 NO.024 P004/027 J Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bondsl and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Encry only period co the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds ahall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of C6D~ & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). , / (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Oepository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (e) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the ~e9istered Holder of any Bonds (the "Yolder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounta the Bonda are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and inceresc on the Bonds, for the purpose of giving notices of redemption and other matters with re~pect to the Bonda, for the purpoae of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonda, and for all purpose whatsoever. The Bond Registrar, as 99.0!Ja.1 ~ , , 1~/dS/98 11:48 BRIGGS MORGAN 7 755 8923 NO.024 P005/027 j paying agent hereunder, shall pay all principal of and p.emium, if any, and inte.eat on the Bonds only to the Holder or thQ HoldQrs of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar ot written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. , j (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, .eepectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bond~, collectively hereinafter referred to as the "Leeeer of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in princip~l amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Ocpoaito~ shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not lesa than 15 calendar days in advance of such special record date to the extent possible. 9..e~8.1 4 , , " ) , / 113/28/98 11 : 48 BR I GGS MORGAN -t 755 8923 NO.024 P006/027 " (ix) Any successor Bond Registrar in its written acceptance of ite duties unaer thie Reeolution ana any paying agency/bend registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the caee of a partial prepayment of a Bond. the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel proviaed on the ~ond stating the amount 60 redeemed. '. (c) Termination of Book-Ent~ Onlv System. Discontinuance of a particular Depository'S services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its reaponaibilities with respect thereto under applicable law, The city may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation ot the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute secu~ities cepository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the city, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City o~ the Beneficial Owne~s of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be ~egiate~ed in whateve~ name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. / (iii) Nothing in this subparagraph (c) shall limit or restr1ct the prov1s1ons of paragraph 10 hereof. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any , 95140.. .1 5 10/28/98 11:49 BRIGGS MORGAN ~ 755 8923 NO.024 P007/027 , / such provisions are inconsistent with the other provisions of this reso2ution, the proviaiona in the Letter of Representations shall control. 3. Pu~ose. The Bonds (together with other available funds, if any, appropriated in paragraph 15 hereof) shall provide funds to finance the Refunding. It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67 and shall result in a reduction of debt service cost to the City. 4. Interest. The Bonds shall bear interest payable semiannually on January 1 and July 1 of each year (each, an "Interest Payment Date"), commencing July 1, 1999, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rat~ 1999 2000 t 2001 % 5. Redemotioq. All Bonds maturing in the years ____ to ____, both inclusive, shall be subject to redemption and prepayment at the option of the City on July 1, ____, and on any \ Interest Payment Date thereafter at a price of par plus accrued , interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or port1ons thereof called for redempt10n ahall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Banda having a common maturity date, the Bond Registrar prior to giving notice of redemption 8hall a~8ign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using auch method of selection as it shall deem proper in its discretion, from the numbers sO assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of 9'40,8.1 ~ \ / 1l::V~l::j/=,l::j 1l:4=' l:ll<: I (j(j~ MORGAN ~ 755 8923 NO.024 P008/027 " ) each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar BO requires, a written instrument of transfer in form sat1stactory to the City and Bond Registrar duly executed by the Holder thereof or hie, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by Buch Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Dond Resigtrar. U.S. Bank Trust National Association, in St. Paul, Minnesota is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to ~ny contract the City and Bond Registrar shall eXecute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed, ~r1nc1pal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and in paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with this Bond R9giatrar's Certificate of Authentication, the form of Assignment and the registration information thereon. shall be in substantially the following form: ".0,..1 7 , / 10/28/98 11: 49 BRIGGS MORGAN ~ 755 8923 NO.024 P009/027 ) UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- ~ GENERAL OBLIGATION REFUNDING BOND OF 1998 INTEREST RATE MATURITY DATE DATE OF ORIGINAL lSSm: DECEMBER 1, 1998 CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE ~RESENTS that the City of Andover, Molea County, Minnesota (the "Issuer-), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns in the manner hereinafter set forth, the principal amount specified above, unless called for earlier redemption, on the maturity date specified above, and to pay interest thereon semiannually on January 1 and July 1 of each year (each, an "Interest Payment _/ Date"), commencing July 1, 1999, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the moat recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on thi~ Bond are payable upon presentation and surrender hereof at the principal office of u.s. Bank Trust National Association, in St. Paul, Minnesota (the DBond RegistrarD), acting as paying agent, or any successor paying agent duly appointed by the Issuer. IntereSt on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less "0091.1 B , / Hl/~l:V::lt:l 11:::J1::l ~~lbljS MORGAN 7 755 8923 NO.024 P010/027 ) than ten days prior to the Special Record Date. The principal of and premium, it any, and interest on this aond are payable in lawful money of the Unitea States of Americ~. [So 10n~ .. t~i. Sona i. r.~i8t.r.d in the nama of tho D.po~i~ory or i~. Nomin.. as provided in the Resolution hereinafter d..cribed, and .. tho.. terms are defined therein. payment of prinaipal of. premium, if any, and interest on this Bond and notice with re.peot thereto shall be made as provided in the Letter of Repre.ent.tiona, .. defined in the ReQolution, and .urronder of thi. Bond .hall not be required for payment of the redemption price upOn a partial redemption of this Bond. Until ter.m1nation of the book-entry only system ~ursuant to the Resolution, Bands may only b. rest. tared in the name of the Depo8itory or its Nominee.]' REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, condition~ and thin9~ required by the Constitution ~na l~w~ of the State of Minnesota to be done, to happen and to be performed, preCeqent to anq in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, ~ime and manner as required DY law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and on-the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota. by ita City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. . Include only until termination of the book-entry only system under paragraph 3 hereot. ...CII~.. '1 g / 10/28/98 11 : 50 BR I GGS MffiGAN -t 755 8923 Date of Registration: J BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION Th1s Bond 1s one or the aonde deecribed in the Resolution mentioned within. U.S. BANK TRUST NATIONAL ASSOCIATION St. Paul, MinnesotA Bond Registrar By Authorized signature / g~.OIi..1 , / NO.024 P011/027 Registrable by: U.S. BANK TRUST NATIONAL ASSOCIATION Payable at: U.S. BANK TRUST NATIONAL ASSOCIATION CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA /s/ Facsimile Mayor (s/ facsimile Clerk J.O HV28/98 11: 51 BR I GGS MORGAN -t 755 8923 NO.024 P012/027 ON REVERSE OF BOND / Redewpt;i.on. All Bonds of this issue (the "Bonds") maturing in the years to , both inclusive, are subject to redemption and prepayment a~e option of the Issuer on July 1, ____, and on any ~ntereat Payment Date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon ahall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redempt~on: ParCial Red~mpt1on. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then eelect by lot, using such method of selection a5 it shall deem proper in its discretion, from the numbers assigned to the Sonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed ahall be the 20nds to which were assigned numbers so selected, provided, however, that only eo much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be Burrendered to the 20nd Registrar (with, it the Issuer or Bond Registrar so requires, a written instrument of tranefer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Isauer shall execute (if necessary) and the Bond Regietrar shall authenticate and de~iver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denomina- tions, as requested by such Holder, 1n aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Pu~ose: General Obligat~on. This Bond is one of an issue in the total principal amount of $760,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity ...0.._1 11 , / HY<::I:l/~1:l l1:::Jl BRI55S MORGAN 7 755 8923 NO.024 P013/027 with the Constitution and laws of the State of Minnesota and Fursuant to a resolution adopted by the City Council of Che Issuer on November 4, 1998 (the "Resolution"), for the purp015e of providing funds, together with other available funds, to redeem on January 1, 1999, all of the outstanding General Obligation aonds, series 1991A, dated July 1, 1991 of the Issuer. This Bond is pcycble out of the General Obligction Refunding Bonds of 199B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of ita principal, premium, if any, and interest when the same become due, the tull faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely as fully registered bonds in Authori2ed Denomination5 (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authori~ed Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Reaolution for a description of the rights and auties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or ita attorney duly authori~ed in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonda in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees unon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Regis~ered Owners. The Issuer ana Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary, ".098.1 12 / 10/28/98 11: 52 BRIGGS ~ ~ 755 8923 NO.024 P014/027 , / Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any secur1ty unless the Certificate of Authentication hereon eh~ll h~ve been executed by the Bond Registrar. Oualified Tax-Exempt Obliaation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in tull according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of and not as ten~nte in common UTMA - as custodian for survivorship (Minor) Uniform (Cust) under the (State) Transfers to Minore Act Additional abbreviations may also be used though not in the above list. ,,.0'8.1 13 l~/~~/~~ ll:~ BRIGGS MORGAN ~ 755 8923 NO.024 P015/027 ASSIGNMENT / For value raceived, the undersigned hereby eella, assigns and transfers unto the within Bond and does hereby irrevocably const1tute and appoint attorney to transfer the Bond on the bocks kept for the registration thereof, with full power of &ubstitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the tace ot the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or truut company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor ,/ Institutionn as defined in 17 CFR 240.17-Ad-15 (a) (2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 11.01'.1 14 10/28/98 11 : 53 BR I GGS !'ORGAN 7 755 8923 NO.024 P016/027 [Use only for Bonds when ~hey are Registered in Book Entry Only System) PREPAYMENT SCH2PULE / This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE ggttlDa.1 _/ AMOUNT :1.1> AUTHORIZED SIGNATURE OF HOLDER 10/28/98 11: 53 BR I GGS MORGAN ~ 755 8923 NO.024 P017/027 e. Execution: Temporary Bonds. The Bonds shall be / prineed (or, ae the request of the ~urchaser, typewritten) and ahall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and p~ovided further that both of such aignatures may be p~inted (or, at the requeQt of the Purchasar, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with auch chaogea aa may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor ~nQ cancelled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of A~thentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same peraon. The Bond Registrar ahall authenticate the eignaturea of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the apace provided the date on which the Bond ia authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar ahall insert as a date of registration the date of original issue, which date is December 1, 1998. The Certificate of Authentication so executed on each Bond ahall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration: Transfer: Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Regietra~ may preecribe, the Bond Registrar ahall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered Or transferred as herein provided. ...G...~ 1~ J 113/28/98 11 : 53 BRIGGS MORGAN 7 755 8923 NO.1324 P1318/1327 Upon surrender for transfer of any Bond at the j principal office of the Bona Registrar, the City shall execute (if necessary), and the Bond Registrar ahall authenticate, insert the date of registration (as provided in paragraph g) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may b@ registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchangca tor nonds of any Authorized Oenomination or Oenominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. provided the Bond City. All Bonds surrendered upon any exchange or transfer for in this resolution shall be promptly cancelled by Registrar and thereafter disposed of as directed by the / All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written inatrument of transfer, in form sat1stactory to the Bona Registrar, duly executed by the Holder thereof or hie, her or ita attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the term~ of said agreement. 11. ~iqhts Unon Transfer or Exchanae. Each Bond delivered upon transfer of or in exchange for or in lieu of any 1111401111.1 1., / ) , / , / 1111/28/98 11 : 54 BR I GGS MORGAN ~ 755 8923 NO.024 P019/027 other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by ~uch other Bond. 12. Interest PaYment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the regil!ltration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not leas than ten (10) days prior to the Special Record Date. 13. Treatmen; o~ Re9ietered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of auch Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisionB in paragraph 12 above) on, euoh aond and for all other purposes whatsoever whether or not such Bond shall be overdue. and neither the City nor the Bond \ Registrar shall be affected by notice to the contrary. 14. Delive~: ~plication of Proceeds. The Bonae when so prepared and executed shall bQ delivered by the Treasurer to the Purchaser upon receipt of the purchase price. and the Purchaser shall not be obliged to see to the proper application thereot. 15. Fund and AccQunta_ (a) $ of the proceeds of the Bonds shall be deposited in the General Obligation Bonds, Series 1991A Debt Service Fund (the "Pebt Service Fund") heretofore created by the Prior Resolution for the Prior Bonds, which amount. together with all other funds held therein and $ of the City deposited on the date of delivery of the Bonds, is sufficient to prepay the outetand~ng Prior Bonde on January 1, 1999. (b) There is hereby created a special fund to be designated the "General Obligation Refunding Bonds of 1998 Fund" (the "Fund") to be administered and maintained by the Treasurer as a bookkeeping account separate and apart from all other Funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. 11"'0'. .1 19 / \ / / 113/28/98 11 : 54 BR I GGS MORGAN ~ 755 8923 NO.1324 P020/1327 There shall be maintained in the Fund two (2) separate accounts, to be deaignated the "Coat of Issuance Account" and "Oe):)t Service Account", respectively. (i) Cost of Issuance Account. There shall be deposited in the Cost of Issuance Account all of the remaining proceede of the Bonde not otherwiae depoeited in the Debt Service Fund as provided in paragraph 15(a) above, less accrued interest received thereon. Monies in the Cost of Issuance Account shall be used to pay the costs of issuing the Bonds. Any monies remaining in the Cost ot IQQuanca Account after all costs of issuance have been paid or provided for shall be transferred to the Debt service Account for the Bonds. (ii) Debt Service Acc9uQ~. There are here):)y irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (A) all accrued interest received upon delivery of the Bonds; (8) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (C) any collections of all taxes heretofore levied for the payment of the Prior Bonds and interest thereon which are not needed to pay the Prior Bonds as a result of the Refunding; (D) all funds remaining in the cost of Issuance Account after all costs of issuing the Bonds have been paid; (~) any funds remaining on deposit in the Debt Service Fund established for the Prior Bonds after the same have been paid and discharged; (F) all investment earnings on funds held in the' Debt Service Account; and (G) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and Any other general Obligation bonda of the City hereafter issued by the City and made payablg from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonda were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (St) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Cost of Issuance Account or Debt Service Account (or any other City account which will be u8cd to pay principal or intereet to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield !lU09'.:> 19 J . / 10/28/98 11 : 55 BR I GGS MORGAN ~ 755 8923 NO.024 P021/027 in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after caking into account any applicable "temporary periods" or -minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the un1ted States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149 (b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Levy, 9overage Test: Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which ~hall be Gpread upon the tax rolls and collected wiCh and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax ~~v:y Year of Tax Collection Amount , The tax levies are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies ahall be irreparable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Prior Bonda, the uncollected taxes pledged in the Prior Resolution authorizing the issuance of the Prior Bonds, shall be canceled. ~7. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledgee, covenants and other rights granted by this resolution to the registered holders of the Bonda shall, to the extent permitted by law, cease. The City may discharge ite obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest UtOlll.1 20 ) J , / , , J 10/28/98 11 : 55 BRIGGS MORGAN ~ 755 8923 NO.024 P022/027 accrued to the date of such deposit. The City may also discharge ita obligationa with .eepect to any p.epay~le BondB called for radamption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided thae notice ot redemption thereof has been duly given. The City may alao at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law aa an escrow agent for this PUrpOSB, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has beGn duly provided for, to such earlier redemption date. 18. General Obligation Pledqe. For ehe prompe and full payment of the principal and interest on the Bonda as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Sonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copiea of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them. and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the f~cta recited therein. 20. Neaative Covenant as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the sonds or to use the project or to cause or permit them eo be used, or to enter into any deferred payment arrangements for the cose of the Project. in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. "40". ~ 21 / / / 10/28/98 11 : 56 BR I GGS MORGAN ~ 755 8923 NO.024 P023/027 21. Notice of Call tor Redemption. The Clerk is hereby authorized and directed to Cause U.S. Bank Trust Nat10nal Association (formerly, First Trust National Association), the paying agent for the Prior Bonds, to give notice of redemption by first class mail (postage prepaid) not more than sixty (60) days and not leaa than thirty (30) days prior to January 1, 1999 to all registered holders of the Prior aonda. Said notice ahall be in substantially the form attached hereto as Exhibit A. 22. Pr~or Bonds: Secyrity. Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall ba observed by the City and all of it~ officers and agents. 23. Gertificate of Registrqtion. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor'S Bond Register, that the tax levy for the Prior aonds has been cancelled, and that the tax levy required by law for the Bonds has been made. 24. Tax-Exemot Status of the Bonder ~~bate. The City ahall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods tor investments, (2) limitations on amounts invested at a yield greoter than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the aonde (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5.000,000 or less of bonds, the City hereby finds. determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no 20nd is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one iesuer with the City) during the calendar year in which the Bonds are iQsued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f) (4) (0) of the Code. ".on .1 22 10/28/98 11:57 BR I GGS MORGAN ~ 755 8923 NO.024 P024/027 Furthermore: , / (i) there 8hall not be taken 1nto account for purposes of said $5,000,000 limit any bond issued to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does not exceed the outstanding amount of the refunded bond; (il) the aggregate face amount of the Bonds does not exceed $5,000.000; (iii) each of the Prior Bonds was issued aD part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or less of bonds; (iv) the average maturity of the Bonds does not exceed the average maturity of the Prior Sonds; and (v) no part of the Bonds has a matur~ty date which is later than the date which is thirty (30) years af~er the dates the Prior Bonds were issued. 25. Desi9nation of Oualified Tax-Exemgt Obligations: ISBI,Jance :Limit. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265 (b) (3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonde as "qualified tax-exempt obligations" for purposes of Section 265(b) (3) of the Code; (d) the reasonably anticipated amount of t_x-exempt oblig_t1ons (other than private activ1ty bonda, treating qualified 501(c) (3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all Dubordinate entities whose obligations are treated as issued by the City) during this calendar year 1998 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 199B have been designated for purposes of Section 26S(b) (3) of the Code; U4Q91.1 23 , / 113/28/98 11: 57 BRIGGS ~ ~ 755 8923 NO.1324 P1325/1327 (fl the aggregate face amount of the Bonds does not exceed $10,000,000; and (g) the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149(d) (5) of the Code, and shall not be taken into account under the $10,000,000 issuance l1mit to the extent the Bonds do not exoeed the outstanding amount of the Prior Bonds. The City ahall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by thi~ paragraph. 26. Severability. If any section, paragraph or provision of this resolution ahall be held to be invalid or unenforceable for any reason, the invalidity or unenforccability of such aection, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Heading~. Headings in this resolution are included for convenienoe of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: / and the following voted against the same: adopted. Whereupon said resolution was declared duly passed and ."on.1 24 / 10/28/98 11: 57 BR I GGS l1JRGAN ~ 755 8923 NO.024 P026/027 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOWR I, the undcr8igned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract or minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of, and awarding the sale of, $760,000 General Obligation Refunding Bonda of 1998 of said City. WITNESS my hand this 4th day of November, 1998. " / Clerk !t!t4D!tB_l 25 ! 10/28/98 11 : 57 BR I GGS MORGAN ~ 755 8923 NO.024 P027/027 EXHIBIT A NOTICE OF CALL FOR R~D2MPTION GENERAL OBLIGATION BONDS, SERIES 1991A CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on January 1, 1999 those outstanding bonds of the City designated as General Obligation Bonde, Seriee 1991A, dated July 1, 1991 having ~tated maturity dates in the years 1999 through 2001 and totalling $750,000 in principal amount. The bonds are being called at a price of par plus accrued interest to January 1, 1999, on which date all interest on sald bonds will cease to accrue. Holders ot the bonds hereby called for redemption are requested to present their bonds for payment, at u.s. Bank Trust National Association (formerly, Firat Trust National Association), 180 East Fifth Street, 3"d Floor-Bond Drop Window, or if by mail, to P.o. Box 64111, in St. Paul, Minnesota 55164-0014, on or before January 1, 1999. , , / Dated: November 4, 1998 BY ORDI::R OF THE: CITY COUNCIL tsl Vicki Volk Clerk ~o~~an~ NotioG' Under the Interest and Dividend Compliance Act of 1983, 31~ will be withheld if tax identifioation is not properly certified. Ada1~1onal 1ntorma~1on may be obtained from: JURAN &: MOODY 1100 Minnesota World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101-2091 Telephone No.: (612) 224-1500 Attn: Lori A. Giampaolo Pub11c Finance Department " ~.40...1 A-1. " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: November 4, 1998 ITEM NO. Discuss Funding Sources/98-17/City Cost Relating to the Reconstruction of Bunker Lake Blvd, ID. ORIGINATING DEPARTMENT Scott Erickson,c-f)l Engineering AGENDA SECTION Discussion Item The City Council is requested to discuss and identify the funding sources for the city costs which will be associated with the county project to reconstruct Bunker Lake Blvd.. At this point in the counties project design it is to early to clearly identify what the city costs will be for this project. It was preliminary estimated that our costs will be in the neighborhood of $700,000 - $800,000 for this project. As we had previously discussed there are funding sources which could be utilized for this project. The possible sources are as follows: 1. Tax Increment Finances (TIF) 2, Off-system Municipal State Aid Funds (MSA) , / 3. Assessments, On similar type projects in the past the city has used a combination of TIF and MSA funds while local assessment have not been applied. It should be noted that both the TIF and MSA funds are currently being heavily utilized and bonding may be necessary if they are to be utilized for this project. The preliminary estimate is that about one half of our costs may be MSA eligible and the other half would have to be funded by TIF or assessments. In addition, we would like to see what interest there may be by the Council to "enhance" this corridor through landscaping and/or street lighting. If additional corridor enhancements are desired we will need to determine where they will occur.: 1, Along the entire Bunker Lake Blvd. corridor from Hanson Blvd. to Round Lake Blvd.? 2, Only in front of the new Commercial park essentially from Hanson Blvd. to Crosstown Blvd. 3. Or a varied level of enhancements along the corridor, Essentially providing a increased level of enhancements in front of the Commercial Park but providing some enhancement along the entire corridor although to a lesser degree. Staff will have some "typical" examples of corridor enhancements which will be presented at the Council meeting. . / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: November 4, 1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ITEM NO. Discuss Special Event Parking in "No Parking" Areas II. Scott Erickson, &l Engineering The Council is requested to discuss the possibility of allowing special event parking within designated "No Parking" areas along City streets as long as safety is not compromised. Essentially what this would allow is a homeowner to make a formal request to the City for special event parking such as graduations, birthday parties, etc... Each request would have to be evaluated to determine if an accommodation could safely be made, If the Council is receptive to this issue, staff would establish a policy and procedure to be followed for these types of requests, We do receive a number of these type of requests each year. , " / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ J DATE: November 4. t 998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT David Almgren, Building Official ITEM NO. ~90 Day Temporary Mobil Home Permit 10<. REQUEST: The City Council is requested to consider granting a 90 day Temporary Mobil Home Permit to Teresa and Bill Lorimer, currently residing at 16094 - 7th Avenue NW. The request is made because of construction delays in the plat, and the owners have sold there home on 7th Avenue and have to be out by the end of November. Therefore, I believe it would be a reasonable request to allow them a 90 day Temporary Permit. The start time would begin upon completion of the well and septic system to allow the hookup to the mobile home, . / Attached are copies of the permit application and letter of request from the Lorimers. / , -- --. - -- --..-- ---- ,,~___~~tt l-~Pxu, _~~" __ ,~ _ ___IGOC\ L{_ ]~_~ tv\AJ _ - ~ -- - - ~--~-~- ~ _.~_L-b-2~~~&/ -- ~- \ __ ~_m___~____~___ ____~ O{):.~~- u_ ~~ ---- ._. ----- - --------------------.-----.----------- ----~------ .--.---------.--. ..--.----- -~------------_._- - __ __ _____ .____ - _____ _____ ____._______. ,._____. __ .______________~_______ - n' .. ________________._____________ __ __. ___ ____ ___.___.__ _._______..__n _____.__________________. ---------~------- ---------- \ '-J CITY of ANDOVER 90 DAY TEMPORARY MOBILE HOME PERMIT PROPERTY OWNER Bill and Tresa Lorimer ADDRESS 16094 7th Avenue N. W. Phone 422-9367 MOBILE HOME OWNER LOCATION OF MOBILE HOME 16164 Raven Street [")I.'One ~~ f 1 ' ~ H D~ ~ana e ds Oakr1dge Estates DATE (MOVE IN) \ DATE (MOVE OUT) '-) REASON FOR MOBILE HOME See Attached ~etter from owner SIZE OF MOBILE HOME DATES APPROVED BY CITY COUNCIL APPROVED BY CITY COUNCIL Date \ -j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , ./ DATE: November 4. 1998 AGENDA SECTION Staff, Committees, Commissions ORIGINATING DEPARTMENT Todd Haas, .4 ITEM NO. Parks ~~ Discuss Issues with Park and Recreation Commission 15. The Park and Recreation Commission has requested to be placed on this agenda to discuss various issues with the City Council. The issues to be discussed are as follows: A. The Commission has expressed some concern with Ordinance 10, Section 9,07 enforcement of the park dedication fees and how the appraisal process will work if the Commission does not agree with the first appraisal that was performed. Attached is a memo from Richard Fursman, City Administrator, that was presented to the Commission for their review on August 20, 1998 regarding their concerns. Note: At this point, the City has not selected 3 appraisers for the selection by the developers, Staff will have the Commission review potential appraisers on November 9, 1998 and a recommendation will be forwarded to the City Council in December. B. The Commission has expressed a concern that a Capital Improvement Plan needs to be in place and a commitment from the City Council to budget for these items is a great importance to the Commission. Attached is the most current proposed 5 year plan. This will need to be modified if the Park Bond Referendum is passed by the public and approved by the City Council. Obviously we will know by the meeting what the final result is. C, The Commission is interested in the City Council committing to a Capital Improvement Replacement Plan. For example, playground equipment gets outdated or old and needs to be replaced, Even if the Park Bond Referendum is passed and improvements installed, they will need to be replaced over time. The City of Shoreview has a very aggressive Capital Improvement Replacement Plan for items including parks, snow plows, reconstructing existing streets/watermain/sanitary sewer, etc. that the City Council may want to explore in doing this. D. The Commission would like to discuss with the City Council the Public Works Maintenance Resources (equipment and labor). It has been discussed that 2 new Public Works employees would be included in the 1999 budget. The Commission is hoping that one of these positions will be parks maintenance. E. The Commission would like to discuss with the City Council the continuation of the Citywide trail development program. Also along with this item the Commission would like the City Council to review the results of the questionnaire that was sent out to area residents along the Coon Creek Corridor Trail. Attached are the results for your review. F. The Commission would like to discuss with the City Council the continued development of Kelsey- Round Lake Park. As most everyone knows the City has been awarded a $50,000 matching grant for the park. At this point, funding for the City's share has not been identified. Previously the Commission has requested that the funding source come from 1999 Park Capital Improvement Budget which was submitted by the Commission to the City Council in the amount of $100,000. Apparently the City Council is proposing the 1999 Park Capital Improvement Budget to be $41,000 of which approximately $10,000 will be used to pay for assessments for the Fox Meadows which leaves about $31,000 for other park improvements, Attached is the proposed 1999 Park Capital Improvement Budget that was submitted to the City Council a couple months ago for your review, " '. / G. The Commission has expressed interest in selling a few existing parks which are unusable. City staff will discuss this with the City Attorney as to the process to do this. Once this information is obtained from the City Attorney, staff will forward the list of potential parks to the Commission at their November 19, 1998 meeting. A recommendation by the Commission will be forwarded to the City Council in December. H. The Commission would like to discuss the proposed 1999 Park Capital Improvement Budget. Obviously if the Park Bond Referendum does not pass then the concern is that the population of the City is growing faster than the growth of the parks thus making it difficult to meet the needs of its citizens. With the limited park dedication funds it makes it difficult to keep up with demand from the public. I. The Commission would like to discuss with the City Council Public Works staffing for youth tournaments which is a concern of the Commission. Attached is a memo from Frank Stone, Public Works Supt., that was presented to the Commission at their October 1, 1998 meeting for their review. , :c-rEM ~ I ANDOVER PARK COMMISSION REQUEST FOR PARK RECOMMENDATION DATE: Auqust20.1998 ITEM ORIGINA TING DEPARTMENT Richard Fursman, Administration 7. Park Dedication Fees The City Council recently took action to amend the City ordinance governing how Park Dedication Fees are determined. The City Council concluded developers should either have the right to contest the value placed on their property based on an appraisal, or mutually agree with the City to jointly select an appraiser. The City Council concluded that the City and developer jointly choosing an appraiser would cut down on time and expense. A recent example of wasted time and money occurred when the City had an appraisal done; the developer disagreed with the appraisal and had an l'ndependent appraisal done; and, finally, third appraiser was hired to look at the previous appraisals and determine a value. The City Council has determined that selecting an appraiser to do the work together, ahead of time, will reduce the time and aggravation associated with Park Dedication Fees. The Park Board has expressed concern that there is no recourse for the Park Board to have a second appraisal done if there are disagreements. If the Park Board is allowed to have a second appraisal done because numbers don't come out as anticipated, then the door will be opened for the developer to do the same. If this scenario is played out, the City and a developer would agree on an appraiser. If the Park Board disagrees with the results, they will do an independent appraisal. If that appraisal is disagreed with by the developer, then they too will do an appraisal. Then a fourth appraiser will be hired to determine which appraisal is best, leaving the City right back where it started with a waste of time and resources. The new ordinance has not been tested and should be given a reasonable opportunity to succeed before further modifications are made. j ) FIVE YEAR CAPITAL PLAN 1999 - 2004 Hawkridqe (Reqional) 1. New Warming House wI well 2. Playground Equipment (2-5 year aids) 3. Volleyball Court (Sand) 4. Basketball Court 5. Bleachers (2 x $2,000) 6. Parking Lot (Bit.) 7. Hockey Rink Hidden Creek North (Reqional) 1. Play Structures (2-5 year olds) 2. Warming House 3. Parking Lot (Bit. & Curb) 4. Bleachers (1 x $2,000) 5. Outfield Fencing 6. Irrigation - Softball/Soccer Prairie Knoll (Reqional) ,1. Play ~!fucture (2-5 year aids) I 2. Fenc(Ball Field 3. parking Lot (Bit.) Large & Small 4. Bit. Path (:t,2000) 5. Basketball Court 6. Tennis Court (1 x $25,000) 7, Bleachers (1 x $2,000) Fox Meadows (Reqional) 1. Play Structure (2-5 year olds) 2. Tennis Court (1 x $25,000) 3. Parking Lot (Bit.) 4, Bleachers (1 x $2,000) 5, Bit. Path (:t500 LF) Lanqseth 1. Small Shelter (12' x 12') 2. Playground Equipment (5-12 year aids) Timber Trails 1. Playground Equipment (2-5 year aids) & (5-12 year olds) ,2. Bleachers (1 x $2,000) I / Page 1 .ITE fI\ 13 $100,000 $10,000 $3,500 $5,000 $4,000 $30,000 $10,000 Total $162,500 $10,000 $100,000 $55,000 $2,000 $10,000 $50,000 Total ' $227,000 $25,000 $10,000 $25,000 ., $25,000 $5,000 $25,000 $2,000 Total $117,000 $10,000 $25,000 $30,000 $2,000 $8,000 Total $75,000 $2,500 $10,000 Total $12,500 $15,000 $2,000 Total $17,000 Page 2 Pleasant Oaks 1. Basketball Court $5,000 2. Small Shelter (12' x 12') $2,500 3, Parking Lot (Bit. & Curb) $20,000 Total $27,500 Wild Iris 1. Playground Equipment (2-5 year olds) & (5-12 year olds) $25,000 2. Parking Lot (Bit. & Curb) $20,000 3, Bleachers (1 x $2,000) $2,000 4. Bit. Path (:t2000 LF) $25,000 Total $72,000 Terrace 1. Playground Equipment , $10,000 2. Parking Lot (Bit. & Curb) $40,000 3, Bleachers (1 x $2,000) , $2,000 4. Basketball Court $5,000 5. Tennis Court (1 x $25,000) $25,000 4 Lights $10,000 6, Bit. Path (:t200 LF) $2,500 Total $94,500 Hidden Creek East 1. Playground Structure (2-5 year olds) & (5-12 year olds) $20,000 -' 2. Sma!1 Shelter (12' x 12') $2,500 3, Basketball Court $5,000 4. Removing Existing Parking Lot $5,000 Total $32,500 Hills of Bunker Lake East 1. Outfield Fencing $22,000 2. Small Shelter (12' x 12') $2,500 Total $24,500 Hills of Bunker Lake West 1. Parking Lot (Bit. & Curb) $15,000 2. Small Shelter (12' x 12') $2,500 3. Playground Equipment (2-5 year olds) $15,000 Total $32,500 Oak Bluff 1. Small Shelter (12' x 12') $2,500 Total $2,500 , , " Page 3 City Hall Park Complex #1 1. Parking Lots (Bit. & Curb) (1 x $40,000) (2 x $30,000) 2. Upgrade Hockey Rink Lights 3. Playground Equipment (to meet ADA) 4. Add Drinking Fountains 5, Addition to AAA Building (Include Restroom Facility) 6. Install Bleachers (3 x $2,000) 7. Bit. Path (z2500 LF) 8. Fencing (All Fields) Outfield $100,000 '$12,000 $15,000 $10,000 $60,000 $6,000 $10,000 $50,000 Total $263,000 $,150,000 $500 Total $150,500 $300,000 $7,500 $25,000 $5,000 $1,000 $20,000 $25,000 Total $383,500 $10,000 Total $10,000 $50,000 Total $50,000 $5,000 Total $5,000 $10,000 Total $10,000 $25,000 $4,000 $2,500 Total $31,500 Kelsev Round Lake 1. Bit. Trail for South Portion of Park & Connect North part of park to South part of plat 2, Security Light for Parking Lot at North End of Park " Sunshine Park 1, Field Lighting (4 ball fields & 1 soccer field) 2. 3 Shelters (12' x 12') (3 x $2,500) , 3. Playground Equipment (2-5 year olds) & (5-12 year olds) -' 4. Picnic Area 5, Horseshoe Pits 6. Parking Lot 0Nest Side) 7. Trails (Bit.) Timber River Estates 1, Bit. Trail Shadowbrook East 1. Soccer or Ball Fields Creekridoe 1. ADA Bit. Trail 138th Avenue Park 1. Play Structure (2-5 year aids) Crooked Lake Boat Landino 1. New Parking Lot 2. Dock I 3. Dredging Page 4 ./ Various Trails Throughout City Install Landscaping at Parks SUBTOTAL $1,992,000 Total $200,000 Total $96,000 GRAND TOTAL $2,288,000 ./ , / Page 5 :I:Te.ti\ 1:: COON CREEK TRAIL QUESTIONNAIRE " , J CARDS MAILED 96 Cards mailed to residents along the trail (Blue) 333 Cards mailed to other residents of surrounding area (White) 429 Total number of survey cards mailed back (% response 43% Responses from residents along trail (Blue) 1. How often do you use the new trail system per month? o Never 4 0 1-5 10 0 5-10 13 o 11 or more 14 2. Which of the following do you use the trail for? (Check all those that apply.) o Cross-Country Skiing 3 0 Walking 34 0 Biking 24 o Rollerblading 13 0 Running 11 3. Has the trail had a positive or negative impact to your community? o Positive 30 0 Negative 4 0 No Comment 5 / 4. Are you in favor of continuing expansion of the trail system? DYes 28 0 No 8 Tota/41 cards received back 43 % response Responses from residents of surrounding area (White) 1, How often do you use the new trail system per month? o Never 13 0 1-5 53 0 5-10 50 o 11 or more 34 2, Which of the following do you use the trail for? (Check all those that apply.) o Cross-Country Skiing 11 0 Walking 123 0 Biking 114 o Rollerblading 43 0 Running 20 3. Has the trail had a positive or negative impact to your community? o Positive 133 0 Negative 6 0 No Comment 9 4. Are you in favor of continuing expansion of the trail system? DYes 134 0 No 14 " Total 150 cards received back 45 % response , / .,uu~ , t , ~".-.. . . ~ YO,.".6' . '.. O,..tl ~, ..:...' ";..Co .t:::--: , , ,OAKSi . , keH"'" i I , ___ -II ii! -, t.~~~' :~~ ~ ' /^, ' ... .. ..r' ~ ~ 2' .' ~S : .... .,//. t."'~, 3' "1" / ~.' of> './ ' ./ . ' -c _L____ ;i ~ \ '\ ~ ! "....~..,. :', ,1:Z~ ,: :~~:"r:>_~~. 12 ";("lI'!~".,. , " (~~s~>,:'''';, , 1'" """ ,. ' , ... 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'i ::; .,. '!'- :-, : i I I I /. i ~. , -1:1 i / .c , / ADDITIONAL COMMENTS , ) Responses from residents along trail Positive: . Wonderful asset in our community. . More trails are needed, · Keep up the good work, It's a added expense, but hopefully the neighborhood usage will continue to grow. · We love the trails and it's great seeing the neighbors using also. A great walk to Bunker Hills. Negative: · We need more baseball fields, doesn't anyone watch the population growth? · Too much traffic, no longer a nature area. (3) · We are getting alot of dogs unleashed in our yard. Needs enforcement. · Enforce non-motorized vehicles. (snowmobiles) (2) · People are very disrespectful, cutting through yards to get to the trail. · More trees along trail would add privacy. (2) · This path needs to be monitored by the police, Kids are hanging out on the trail causing damage. · Stop! This Park Board is out of control. No bonds and no additional funds. .' Responses from residents of surrounding area Positive: . It keeps nature in our community. (2) · Wonderful addition/asset to Andover. (6) · A great way to keep kids and pets off the busy roads. (7) · The trail made our neighborhood very appealing. (3) . Enhances property value, (2) · The trail was one of the reason why we chose Andover for our new home. . We can all feel proud of this new trail system, (7) · More deciduous trees are needed along trail. . We love it! (6) · We need to consider under/overpasses for the busy roads. (6) . Can't wait for more trail expansion. (5) · We need to send out maps to make the community aware of these benefits. Negative: · We need a water tower more than a trail system, '. Fix the roads and intersections, /. A waste of money! · I don't have easy access to trail system. (3) · Who will maintain this trail? · Kids are causing trouble on this trail. .:cTi"~ F " / CITY of ANDOVER MEMORANDUM TO: Jean McGann, Finance Director COPIES TO: Frank Stone, Kevin Starr Todd J. Haas, Parks coordinato~ July 17, 1998 FROM: DATE: REFERENCE: Proposed 1999 Park Capital Improvement Budget -------------------------------------------------------------- -------------------------------------------------------------- The Park and Recreation Commission has recommended the fol/owing 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 - Total $50,000 $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 fund as the street improvement is a benefit to the entire City since it is a regional park. / :cTEM r::.. ..~ ;4naover r.Pu6Cic Wor~ (])ivision TO: FROM: DATE: SUBJECT: COPY: Andover Park Commission 1<f)- Frank Stone - Public Works Division Superintendent Monday, September 28, 1998 1999 Tournament Maintenance Schedule / Public Works Richard Fursman, Todd Haas, Kevin Starr, File , /~s far as Public Works tournament maintenance, we will not have the funding to perform this service nor hire additional personnel. I discussed this matter with Richard Fursman. The decision made was that we have to scale back and use the personnel we have to maintain the Park grounds and trails as best we can. We would like the Associations to perform tournament maintenance as they do in other cities. Otherwise, the only other way this maintenance can be done is if the Associations pay the cost of equipment and manpo\',;er. The hourly rate will remain at the 1998 rate of $30.00Ihour per person. We will have all fields prepped and ready on Friday as we do now. Due to shrinking resources, I have no other choice but to cut back. I hope the Park Commission understands the necessity of these actions. / FOS:mn FILE: G:WORD'FOS\P3I'k.BrlJ",,-mn '- / _I Regular Park Commission Meeting October 1, 1998 - Minutes Page 2 r~:c Public Works Update Mr. Starr presented a list of damage done to the parks in the last several years, noting that whenever there is damage to a park a police report is filed. He also presented a list of the items his department is working on at the present time. No action was taken. Review Memo/1997-1998 Snowplowing Budget Mr. Stone reviewed his memo noting that funds left over at the end of the year are put back into the department. The snowplowing budget is about $345.000 with approximately $178,000 of that used in the spring. Mr. Stone stated that if there is a surplus this year, he is going to request that it go for machinery and/or personnel. No action was taken. Discuss 1999 Tournament Maintenance Schedule/Public Works Mr. Stone reviewed his memo regarding the Public Works employees doing tournament maintenance. He has discussed the matter with Richard Fursman and the decision was made to scale back and use the personnel we have to maintain the park grounds and trails as best they can. They would like the associations to perform tournament maintenance as they do in other cities. The alternative would be for the associations to pay the cost of equipment and manpower for the public works employees. The hourly rate would be $30/hour/person. The fields will be prepped and ready on Friday as they are now. Chairperson Grabowski asked if that is the case, does it mean that Public Works people will no longer be working Recycling Day, Arbor Day and the Fun Fest? Mr. Stone explained that the County pays for Recycling Day which is the same day as Arbor Day. The Fun Fest weekend was paid for out of city funds. Mr. Haas suggested a joint meeting with the City Council to discuss this item; however, several commissioners didn't feel a joint meeting would work as some of the council would not attend. The Commission then asked Mr. Haas to put them on the City Council agenda for November 3rd to discuss the budget. Review of Park Bond Brochure/98-18 The Commission discussed the brochure that will be sent out to the residents, suggest- / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4, 1998 AGENDA SECTION Staff, Committees, Commissions ORIGINATING DEPARTMENT ITEM NO. Approval of Softball Fees/Pov's Tournaments 14. Todd Haas/, Parks The City Council is requested to approve the tournament application fees for tournaments that were requested for this past fall. If the City Council recalls, their was a concern that the donations proposed to be made by the Andover Lions Club were in lieu of waiving the fees by the Park and Recreation Commission and this had not been approved by the City Council. If the City Council were to approve the Adult Softball Tournament Application form fees and not accepted the donation in lieu of then the fees would be as follows as per the approved application form and fees which where approved by the City Council at the beginning of the year effective January 1, 1998. / * The September 13 (1 day) tournament fees would be as follows: $200 tournament fee for the park (no maintenance) plus $150 x 4 fields = $600 plus a $100 penalty fee because the application was submitted less than 8 weeks prior to the tournament date. TOTAL DUE FOR SEPTEMBER 13 TOURNAMENT $900 * The October 3 & 4 (2 day) tournament fees would be as follows: $200 tournament fee for the park (no maintenance) plus $150 x 4 fields = $600 No penalty fee (application submitted on time). TOTAL DUE FOR OCTOBER 10 & 11 TOURNAMENT $800 * The October 10 & 11 (2 day) tournament fees would be as follows: $200 tournament fee for the park (no maintenance) plus $150 x 4 fields = $600 No penalty fee (application submitted on time). TOTAL DUE FOR OCTOBER 3 & 4 TOURNAMENT $800 NOTE: Since the tournament is cancelled for October 10 & 11, neither the tournament fee or park usage fee will be returned unless a new sponsor requests the use of the facilities (which did not happen). See Adult Softball Tournament Application Form which has been approved by the City Council. * Attached for your review are the following: _Letter dated October 16, 1998 from Bill Hawkins, City Attorney -City Council meeting minutes of October 6, 1998 -Park and Recreation Commission meeting minutes of October 15, 1998 _Application made by Pov's Sports Bar & Grill for tournaments on October 3 & 4/0ctober 10 & 11. Approved by the Park and Receation Commission on August 6, 1998. _Application made by Pov's sports Bar & Grill for tournament on September 13, 1998. Approved by the Park and Recreation Commission on August 20, 1998. -Park and Recreation Commission meeting minutes of August 6, 1998 -Park and Recreation Commission meeting minutes of August 20, 1998 _Example Adult Tournament Application Form used in 1997 with identified fees ./ 10/29/98 14:41 LAW OFFICES 2140 4TH AVE ~ 755 8923 NO.231 (;101 1-0.U1 om~ ()p William G. Hawkins and Associates ." 2140 FOURlli AVENUE NOR11l ANOKA, MINNESOTA 55303 PHONE (612) 427-8877 FAX (612) 421-4213 . / WILL.lAMG. HAWKINS BAIlRY A. Stn.LIVAN UgDI A.J.fistDnt T AMMI J. UVEGES October 16. 1998 Mr. Dick Fursman City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Waiver of Park Tournament Application Fees Dear Dick: Pursuant to the request of the City Council. I have reviewed the information concerning the attempt to waive the adult softball tournament fee for use of the City parks in exchange for a donation by the Andover Lion's Club. / The fees fOf use of fields and hockey rinks within the City of Andover was established by the City Council in a resolution approved February 17. 1998. There is no provision in this resolution that authorizes waiver of any of these fees by the park commission. In absence of an specific authority I believe that the donation made by the lion's Club should be separated into an application fee and a donation. If this creates a legal problem concerning use of the Lion's Club charitable gambling funds. the money should be returned and separate checks issued for the donation and the adult field fees. WGHltju pl\Otlell PhOne ~ Fax # Fax # " , / Regular Andover City Council Meeting / Minutes - October 6, 1998 Page 8 (MayorlCouncillnput, Continued) Closing of bridge on Bunker Lake Boulevard - The Council suggested an effort be made to inform people of alternative rontes when the bridge is closed for reconstruction on Bunker Lake Boulevard' next summer. Contract with Peach Associates, Inc. - The Council noted the letter from Peach Associates, Inc., regarding a proposed change to the contract with the City. Ms. Peach asked to either modify the contract to take Minutes of the City Council meetings only or terminate the contract altogether. The Council stated they would like to see Ms. Peach continue to take the City Council meeting Minutes if possible. Tournamentfees - Councilmember Orttel understood the Park and Recreation Commission waived the bail tournament fee for Pov's. Mayor McKelvey stated the fee was paid by the Andover Lions Club who did have someone at the tournament. The Lions Club made a donation to cover the fee and the Park Board accepted it. Councilmember Orttel stated the Park Board has no authority to \vaive those fees. He questioned the legality of what was done. Attorney Hawkins noted tournament fees are put in the General fund, but donations would be put in the Park Commission fund. He didn't believe this was a proper diversion of the funds. The Park Board doesn't have the authority to waive fees; the Council makes the final decision. The Council discussed options at this point. It was suggested the donation be returned to the Lions and ask that the funds come back as the tournament fees and the remainder as a donation. Attorney Hawkins stated a portion of the donation can just be earmarked as the tournament fee and the remainder as a donation. Mayor McKelvey stated the money has already been paid. If it is not accepted as a donation, the Lions Club cannot make it. They are not allowed to use their gambling money for tournament fees. If the donation is accepted first, there will be no problem. The Council asked the City Attorney to review the issue. Letter from Winslow Holasek/Hanson Boulevard storm drainage - Council member Dehn was impressed with the letter from Mr. Holasek outlining his position on the proposed Hanson Boulevard storm sewer project. He asked if Staff has considered it. Mr. Fursman stated there is an incredible amount of history relating to the storm drainage in that entire area. The problem with establishing another storm sewer district is the incredible cost with no one to assess. / Winslow Holasek - strongly felt this storm sewer is needed to correct the inequities in the existing storm sewer system. He didn't believe the residents in Oak Bluff and Winslow Hills should be forced to pay substantial storm sewer costs to drain their water when the people across Hanson Boulevard didn't pay one cent. He believed the City got bad advise from the consulting engineer regarding the storm sewer system. The original plan was a good one, and he didn't know how it got changed. The result is that water is now being diverted to where it shouldn't go and the future developments will pay substantially more for drainage than they would have had to under the original plan. / Park & Recreation Commission Meeting October lS, 1998 - Minutes Page 3 Review Issues List Coon Creek Corridor Trail - Mr. Haas noted that the trail signs are going up this week. Hills of Bunker Lake - this is still being worked on. Tournament Policy - this is scheduled for the first meeting in November. Timber Rivers Park - Mr. Haas indicated that the developer would be willing to dedicate an easement to the city but we would have to move the dock and build the trail. Mr. Haas explained to the developer that his engineer should have been aware of the ADA requirements. The city is working with the developer to get the dock out for the winter. Chairman Grabowski suggested that we forego the dock, stairwell and fishing pier and that amount of money would come back to us as park dedication. ~lairman's Report Commissioner Blackstad asked if the Baseball Associacion and other associations would be getting keys for the gate so that they can get to the fields early in the morning. Mr. Haas suggested that Mr. Blackstad call Frank Stone. Chairman Grabowski updated the Commission on the tournament fee that was donated by the Lions Club for Pov'S tournament. He noted that the Commission did not waive the fee, they simply used a donation from the Lions Club in lieu of the fee. Mr. Haas stated that the attorney is reviewing this at the present time. The September l3th tournament fee is $200 plus $lSO.OO for each field which amounts to $800.00. There was also a penalty fee of 50% of the tournament fee, which is $lOO.OO. That brings the total to $900.00. On August 6th they approached the Park Commission to use the fields on October 3rd & 4th and October lOth and 11th. There was no penalty because it was submitted 8 weeks before the tournament. The fee for that was $800.00. The October 10th & 11th tournament was cancelled; however, there was no refund because it was cancelled too late. Chairman Grabowski ~ , / Park & Recreation Commission Meeting October 15, 1998 - Minutes Page 4 stated that the people filling out the applications have to realize that they are signing a legal contract. Commissioner O'Toole recommended that the City Council make the decision on this tournament fee. The commission agreed. Commissioner Blackstad stated that the commission took the donation in lieu of the tournament fees - they did not waive the fee. Chairman Grabowski expressed concern about the Adopt-a-Park Program explaining that if volunteers are allowed to maintain ponding areas and they mow the grass to the edge of the ponds, this will destroy the natural habitat for birds, etc. He suggested that the people who want to maintain outlots pay the $350.00 insurance fee. Chairman Grabowski noted that Andover Baseball and other associations will be distributing flyers regarding the bond referendum. Motion by Lindahl, seconded by Blackstad to adjourn. Motion carried. The meeting adjourned at 8:45 pm. Respectfully submitted, l 'y" a:& ~__.J;"!,... -- Vicki Volk Acting ReCording Secretary : App('o.eJ "''1 rAft:.' flt;L {,a'flO,.,..,J!.I()N ADULT SOFTBALL TOURNAMENT APPLICATION FORM~ ',Itf'fe " , (Please print or type all information) M rX'lL) rA 11.1" TA 71:.. NAME OF TOURNAMENT: II-tr" \.17 S T)-1 rC ,m'l~'rFA-'1 S7""f'[~ TOURNAMENT SPONSOR: Pot! S >pc;orl.. T:5 /.3Ar2 s:z {; /2Z'/;/ TOURNAMENT DIRECTOR: 5rf:t/l' /I/9-r1I5?'rV Check here if organization is located in Andover ~ TOURNAMENT ORGANIZATION: povS 5 POIl-7r fJAtZ. ~ b,~~ 1', TOURNAMENT DIRECTOR'S PHONE yc1;- If<j'J.. 7 755-.;1 (} y'f (home) (office) TOURNAMENT DIRECTOR'S ADDRESS: /d'5( 8u/t/lc(a LA,e:'f. Ole/v, f'1rvt/ClV^' ((2. rz/f/- 5" .;;Jo Y DATES OF TOURNAMENT: /Jet .J~"'9- r7-~ / CJcr /()?<(IZ-//r-to/ / PARK FEES AND USAGE Fees are as follows: (Check A or B) o A. No Maintenance _ $200 tournament fee for the park, plus $150 per field Number of fields to be used JOB. With Maintenance _ $500 tournament fee for the park, plus $150 per field Number of fields to be used Damaqe Deposit Fees (Check A or B) o A. $500 Profit Organizations o B. $250 Non-Profit Organizations Park usaqe as follows: (Check fields requested to be used) 1. City Hall Park Complex #1 o Diamond No. 1 0 Diamond No. 3 o Diamond No.2 0 Diamond No.4 2. Sunshine Park 11" Diamond No, 5 /~ Diamond No.6 5(Diamond No.7 a Diamond No.8 Note: If your organization schedules 2 fields and uses additional fields the organization will be charged double the fee for each additional field plus an administration fee of 10% penalty. Note: Check box if tournament entry fee is required, 0 Tournament entry fee per team CHECK ALL BOXES FOR RENTAL OF EQUIPMENT TO BE USED FOR TOURNAMENT o Limer o Lime - No. of bags Drag o Hose & nozzle o Batter's box $3.00 per tournament $3.50 per bag $1.50 per tournament $1.50 per tournament $1.50 per tournament No applications will be accepted before January 3rd and they will be processed on a first-come, first- served basis. All requests for tournaments must be submitted between January 3rd and March 1 st and will be I considered by the Park and Recreation Commission meeting, which is the third Thursday of March. Any tournament application after that will be on a space available basis and must be submitted at least eight weeks prior to the tournament date. A penalty of 50 percent (of either the $200 {no maintenance} or $500 {with maintenance}) will be assessed for applications made less than eight weeks prior to the tournament date. All fees must be submitted no later than eight weeks prior to the tournament date, For any late applications, the fees must be submitted with the application. including the penalty fee, Late applications must be approved by the Park and Recreation Commission at least two weeks prior to the date of the tournament. The sequencing of scheduling will be considered with City Youth Associations as having first priority. , A $500,00 damage deposit fee (or $250.00 deposit fee for non-profit organizations) is due eight weeks before the tournament date. Any equipment damaged or lost by renter will be deducted from deposit fee, The $500,00 (or the $250.00), less any money for damages, will be returned after inspection by the Public Works Parks Supervisor. NON-INTOXICATING LIQUOR LICENSE - Applications for Non-intoxicating Liquor License must be included with this tournament application. The fee for a tournament Non-intoxicating Liquor License is $25.00, The application must be made out by a specific person (such as the Tournament Organization) and this person must be a resident of the City of Andover and affiliated with an Andover league team or local organization. The application for the Non-intoxicating Liquor License will be sent to the City Council and you will be contacted by the City Clerk if the license has been approved, DRAM SHOP INSURANCE - Minnesota Chapter 340 requires the municipalities verify Dram Shop coverage for the sale of non-intoxicating malt beverages. The Minnesota Recreational Sports Federation, which sanctions softball tournaments, has a blanket Dram Shop insurance coverage for all sanctioned tournaments. A copy of this insurance must be provided to the City with the application, The City Council has adopted the following refund policy: "Fees for tournaments shall be paid no later than eight weeks prior to the tournament date, If the tournament is cancelled, neither the Tournament Fee, Park Usage Fee nor the Non-intoxicating Liquor License Fee will be returned. In the event that another sponsor requests the use of the facilities after a tournament has been cancelled, the new sponsor must pay the full amount and the original sponsor will be refunded the total minus any administrative costs incurred by the City." If further information is needed, please contact the Parks Coordinator at 755-5100, Application forms may be obtained from and returned to the City of Andover, Park and Recreation Commission, 1685 Crosstown Boulevard NW, Andover, MN 55304. . I * The City reserves the right to cancel or delay usage of the fields due to weather, field conditions, etc. Attached is Ordinance No, 229 NO METAL SPIKES NO PETS NO ALCOHOL f3-~-76 DATE ~ TOURNAMENT DIRECTOR (signature) , / ballappl.doc ),-J-'(WU ~y p~ ~ ~ (4....,.....J>';;>1 ~tv ~ U>J W'S ADULT SOFTBALL TOURNAMENT APPLICATION FORM " (Please print or type all information) NAME OF TOURNAMENT: /'J1:J!.X CO 11//2. <:::-.5 T--9-rr.. TOURNAMENT SPONSOR: fdflS Cpd(2.-T5 LJ,4/?-P- {;f2-.:J;- // TOURNAMENT DIRECTOR: Sr1:v'Ld W. HANS"~Al Check here if organization is located in Andover ~ TOURNAMENT ORGANIZATION: S-rz;viju tV. M,/I/.J'~rV , / TOURNAMENT DIRECTOR'S ADDRESS: $rJ(J- (per.3 e (office) zr,..,.1 / ,.?..F/ ~O'N.eO'Z ~.cJ/CC IJlr" TOURNAMENT DIRECTOR'S PHONE Lf;;' 7- 'f~d/? (home) A-NOOc/'ffi- J"'Vt.t .r.r3o y DATES OF TOURNAMENT: S-~PT:' /3 'T~ cr!JJ" . PARK FEES AND USAGE Fees are as follows: (Check A or B) \ A. No Maintenance - $200 tournament fee for the park, plus S 150 per field Number of fields to be used / [j 8, Wth Maintenance - $500 tournament fee for the park, plus $150 per field Number of fields to be used Damaqe Depc~it Fees (Check A or B) ~ A. $500 Profit Organizations o B, $250 Non-Profit Organizations Park usaqe as follows: (Check fields requested to be used) 1. City Hall Par~; Complex #1 o Diamond No. 1 0 Diamond No. 3 o Diamond No.2 0 Diamond No, 4 2. Sunshine Park 3 Diamond No. 5 ~ Diamond No. 7 ~ Diamond No, 6 ~ Diamond NO.8 Note: If your organization schedules 2 fields and uses additional fields the organization will be charged double the fee for each additional field plus an administration fee of 10% penalty. " Note: Check box if tournament entry fee is required. 0 Tournament entry fee per team \ , / CHECK ALL BOXES FOR RENTAL OF EQUIPMENT TO BE USED FOR TOURNAMENT o Limer o Lime - No. of bags Drag o Hose & nozzle o Batter's box $3,00 per tournament $3.50 per bag $1.50 per tournament $1.50 per tournament $1.50 per tournament Nn applications will be accepted before January 3rd and they will be processed on a first-come, first- served basis, , / All requests for tournaments must be submitted between January 3rd and March 1st and will be considered by the Park and Recreation Commission meeting, which is the third Thursday of March. Any tournament application after that will be on a space available basis and must be submitted at least eight weeks prior to the tournament date, A penalty of 50 percent (of either the $200 {no maintenance} or $500 {with maintenance}) will be assessed for applications made less than eight weeks prior to the tournament date. All fees must be submitted no later than eight weeks prior to the tournament date, For any late applications, the fees must be submitted with the application, including the penalty fee. Late applications must be approved by the Park and Recreation Commission at least two weeks prior to the date of the tournament. The sequencing of scheduling will be considered with City Youth Associations as having first priority. A $500,00 damage deposit fee (or $250,00 deposit fee for non-profit organizations) is due eight weeks before the tournament date. Any equipment damaged or lost by renter will be deducted from deposit fee. The $500.00 (or the $250,00), less any money for damages, will be returned after inspection by the Public Works Parks Supervisor. NON-INTOXICATING LIQUOR LICENSE - Applications for Non-intoxicating Liquor License must be included with this tournament application. The fee for a tournament Non-intoxicating Liquor License is $25,00, The application must be made out by a specific person (such as the Tournament Organization) and this person must be a resident of the City of Andover and affiliated with an Andover league team or local organization. The application for the Non-intoxicating Liquor License will be sent to the City Council and you will be contacted by the City Clerk if the license has been approved. DRAM SHOP INSURANCE - Minnesota Chapter 340 requires the municipalities verify Dram Shop , coverage for the sale of non-intoxicating malt beverages. The Minnesota Recreational Sports , / Federation, which sanctions softball tournaments, has a blanket Dram Shop insurance coverage for all sanctioned tournaments. A copy of this insurance must be provided to the City with the application. " The City Council has adopted the following refund policy: "Fees for tournaments shall be paid no later than eight weeks prior to the tournament date. If the tournament is cancelled, neither the Tournament Fee, Park Usage Fee nor the Non-intoxicating Liquor License Fee will be returned. In the event that another sponsor requests the use of the facilities after a tournament has been cancelled, the new sponsor must pay the full amount and the original sponsor will be refunded the total minus any administrative costs incurred by the City: If further information is needed, please contact the Parks Coordinator at 755-5100. Application forms may be obtained from and returned to the City of Andover, Park and Recreation Commission, 1685 Crosstown Boulevard NW, Andover, MN 55304. * The City reserves the right to cancel or delay usage of the fields due to weather, field conditions, etc. Attached is Ordinance No. 229 NO METAL SPIKES NO PETS NO ALCOHOL , / b-//-y[!j DATE ~~ TOURNAMENT DIRECTOR (signature) ballappl.doc , / , / CITY of ANDOVER PARK AND RECREATION COMMISSION MEETING -AUGUST 6,1998 MINUTES The Regular Bi-Monthly Meeting of the Andover Park and Recreation Commission was called to order by Chairperson Al Grabowski on August 6, 1998, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Tom Anderson, Dave Blackstad (arrived at 8:22 p.m.), Jim Lindahl, Dave O'Toole Brian Barringer, Jeff Kieffer Park Coordinator, Todd' Others Commissioners absent: Also present: RESIDENT FORUM Mayor Jack McKelvey - stated he is appearing before the Commission for the Andover Lions. There has been some ill feelings, and he would like to see the Lions supporting the parks again. Pov's has a tournament coming up October 3-4 and October 10-11 on the four fields at Sunshine Park. The Lions are proposing to make a $2,000 donation to the parks in place of the fee that Pov's would pay for the tournament. The tournament application fee is due eight weeks before the tournament, which would be tomorrow. He asked, however, that the time be waived until next Wednesday until the Lions have met, after which they will write a check for $2,000 to the City. Pov's would still pay the damage deposit of $500. Chairperson Grahowski stated he had a long discussion with the Mayor and has resolved several things. He didn't have a problem with the request. The only other issue is having someone from Staff oversee the tournament to make sure the bathrooms are stocked, etc. Mayor McKelvey - stated the Lions would be willing to oversee the tournament and would have someone there at all times. The Commission agreed. Motion by O'Toole, Seconded by Grabowski, to approve the application for the tournament with the $2,000 donation due when approved through the Lions Club. Motion carried on a 4- Yes, 3-Absent (Barringer, Blackstad, Kieffer) vote. Willie? . and Ray Trevas. John Rice VFW. Blaine - asked about the possibility of using the ball fields at Sunshine Park for one day only on Saturday, July 10, 1999, to hold the State Special Olympics. They would need to convert two baseball fields to softball fields. Between 350 and 400 people would participate from all over the state. They would be serving f'lod at no charge. There Regular Andover Park and Recreation Commission Meeting ,/ Minutes - August 20, 1998 Page 2 DISCUSS ORDINANCE lOBBIMARKET VALUE OF LANDS Chairperson Grabowski explained the Commission's concern that a developer not be allowed to select the same appraiser over and over again, There should be some system to alternate the appraisers used !Jy the developers. Mr. Erickson stated there will be a list of three appraisers. The appraiser must be agreed upon by both the developer and the City. If the City is not comfortable with the choice, it can turn it down or remove that name from the list. The Commission recessed at this time to hold a special meeting with the City Council, 7:42; reconvened at 8:53 p.m. (Commissioner Kieffer and O'Toole left during this time) BALL TOURNAMENT APPLICATION ?Mayor Jack McKelvey stated the Minnesota Recreational Parks Association would like to hold a tournament at Sunshine Park on Sunday, September 13. If the Park Commission would waive the cost until next month, the Andover Lions will make another $1,000 donation to the parks. , J Motion by Kieffer, Seconded by Lindahl, to so move. Motion carried on a 4-Yes, 3-Absent (Anderson, l Barringer, Blackstad) vote. UPDATE CITY PERSONNEUCITY HALL Chairperson Grabowski noted Coon Rapids has about the same amount of parks to maintain as Andover and has 12 full-time park employees plus six part-time in the summer. Andover has four full-time Staff and four part-time summer employees. He wondered if the Council sees the amount of activity that takes place in the parks and the tremendous amount of volunteer time given by the associations. Mr. Stone stated they are requesting an additional full-time person and two more summer employees. Mr. Starr stated the trails are the most time consuming now. Mr. Erickson suggested the Park Board send a letter of support for additional staffing to the Council during the budget process. It was also suggested that the Council be invited to tour the park facilities. The Commission agreed. DISCUSS ADULT SOFTBALL TOURNAMENT APPLICATION FORM Chairperson Grabowski acknowledged the agenda material regarding maintenance for tournaments. , , / (Please print or type all information) NAME OF TOURNAMENT: U c:;,<;,r;::/ /l1cn5 :)tq7~ ~0,/'/1 , TOURNAMENT SPONSOR: U'7~c/ S' -h1d' S'h~,)<C~ ~f?<{<< 1/ ~~/}~y TOURNAMENT DIRECTOR: Ycve Mnk.-", 6r"l/ A.~/ft?:'C, ~~-~ Arrk Check here if organization is located in Andover B- TOURNAMENT ORGANIZATION: Pov Ie; >>0,1-) e^'7 ,- 4' G/'o // . ORGANIZATION'S PHONE: Aft)S//9 /s:::r"~3.?5 (home) (office) ORGANIZATION'S ADDRESS: /?sY /ft/~~r t:!d7 ~&vt /5hc/c, vr? I' r ~.-c/ 5' J' Xo 7'" DATES OF TOURNAMENT: Ocr yr1 (' S-~~ PARK USAGE AND FEES / ~1, ;EJ r }--.d f (t, (P2 f,t~~rt& Note: CHECK ALL BOXES FOR FACILITIES AND EQUIPMENT TO BE USED City Hall Park Complex #1 wDiamond No. 1 $150.00 per field (no maintenance) ~ W Diamond NO.2 $300.00 per field (maintenance) 0 ~ Diamond NO.3 ~ Diamond NO.4 Sunshine Park $150.00 per field (no maintenance) $300.00 per field (maintenance) [W'" Diamond No.5 ~ Diamond NO.6 0' Diamond NO.7 Ii2'" Diamond NO.8 '1:00 - 11:00 YOTIt DAp ~ o If your organization schedules 2 fields and uses additional fields the organization will be charged double the fee for each additional field plus an administration fee of 10%. Note: The Tournament Director will be required to pay for an Anoka County Sheriffs Deputy during the hours of the tournament at a base hourly rate. A copy of a letter of acknowledgment from the Anoka County Sheriff's Department must be attached to this tourna~~nt application. ~C) /lJ::7~/'r Note: J Check box if tournament entry fee i~uired. 0 Tournament entry fee per team ~ .' RENTAL OF EQUIPMENT FOR TOURNAMENT o Limer o Lime - No. of bags U Drag $3.00 per tourname~t , $3.50 per bag $1.50 per tournament / , / ___ __..... ..~"IT' ^ DDI 1f:4 I Il.JnI r-'-'''-IVI o Hose & nozzle o Batter's box $1.50 per tournament $1.50 per tournament No applications will be accepted before January 3rd and they will be processed on a first- come, first-served basis. All requests for tournaments MUST be made before March 1 st so that requests may be considered by the Park and Recreation Commission meeting which is the third Thursday of March. All fees must be submitted with this complete application. A $500.00 deposit (or $250.00 deposit fee for non-profit organizations) is due four weeks before the tournament date. Any equipment damaged or lost by renter will be deducted from deposit fee. The $500.00 (or the $250.00), less any money for damages, will be will be returned after inspection by the Parks Foreman. / NON-INTOXICATING LIQUOR LICENSE - Applications for Non-intoxicating Liquor License must be included with this tournament application. The fee for a tournament Non-intoxicating Liquor License is $25.00. The application must be made out by a specific person (such as the Tournament Organization) and this person must be a resident of the City of Andover and affiliated with an Andover league team or local organization. The application for the Non- intoxicating Liquor License will be sent to the City Council and you will be contacted by the City Clerk if the license has been approved. DRAM SHOP INSURANCE - Minnesota Chapter 340 requires the municipalities verify Dram Shop coverage for the sale of non-intoxicating malt beverages. The Minnesota Recreational Sports Federation, which sanctions softball tournaments, has a blanket Dram Shop insurance coverage for all sanctioned tournaments. A copy of this insurance must be provided to the City with the application. The City Council has adopted the following refund policy: "Fees for tournaments shall be paid eight weeks prior to the tournament date. If the tournament is cancelled up to eight weeks prior to the date of the tournament, one-half of the Park Usage Fee and Non-intoxicating Liquor License Fee will be returned. If the tournament is cancelled within eight weeks of the tournament, neither the Park Usage Fee nor the Non-intoxicating Liquor License Fee will be returned. In the event that another sponsor requests the use of the facilities after a tournament has been cancelled, the new sponsor must pay the full amount and the original sponsor will be refunded the total minus any administrative costs incurred by the City." If further information is needed, please contact the Parks Coordinator at 755-5100. Application forms may be obtained from and returned to the City of Andover, Park and Recreation Commission, 1685 Crosstown Boulevard NW, Andover, MN 55304. * The City reserves the right to cancel or delay usage of the fields due to weather, field conditions, etc. t;c>~9 7 DATE Attached is Ordinance No. 47. NO METAL SPIKES NO PETS NO~~ TOURNAMENT DIRECTOR (signature) ballappLdoc / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1998 AGENDA SECTION Non-Discussion Item, Cont. ORIGINATING DEPARTMENT Planning ITEM NO. Lot Split 98-04 Variance 1094 141st Lane NW .-I James Shepard \0. John Hinzman, City Planner Request I The Planning and Zoning Commission is asked to review the lot split and variance request of James Shepard to split the eastern four feet from a 13,713 square foot parcel owned by Paul Mitchell located at 1094 141 st Lane NW legally described as Lot 19, Block 1, WEYBRIDGE 2ND ADDITION (PIN 26-32-24-43-0016). A variance is requested to the minimum lot size requirements of Ordinance 8, Section 6.02 for the remnant parcel. A covenant would be filed to combine the split parcel with the adjacent eastern property owned by James Shepard at 1082 141st Lane NW so that it could not be sold separately. Plannin!! and Zonin!! Commission Action The Planning and Zoning Commission voted 7-0 to recommend approval of the lot split and variance, at the September 22, 1998 meeting. Some commissioners questioned the need for a variance in situations where remnant parcels are split and joined with neighboring parcels. William Hawkins, City Attorney contends the variance is needed because the remnant parcel created is an individual lot of record that does not meet the minimum standards of the Zoning Ordinance, please see the attached minutes for more information. Attachments . Resolution . Planning and Zoning Commission Minutes - September 22, 1998 . Planning and Zoning Staff Report - September 22, 1998 / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF JAMES SHEPARD ON PROPERTY OWNED BY PAUL MITCHELL PURSUANT TO ORDINANCE NO, 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM LOT REQUIREMENTS AT 1094 141ST LANE NW, LOT 19, BLOCK 1, WEYBRIDGE 2ND ADDITION (PIN 26-32- 24-43-0016) WHEREAS, James Shepard has requested a lot split and variance on property owned by Paul Mitchell pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6,02, Minimum Lot Size Requirements on property located at 1094 141st Lane NW, Lot 19, Block 1, WEYBRIDGE 2ND ADDITION legally described on Attachment A; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and / WHEREAS, the 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 lot split\variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: 1) That a covenant be filed to join the proposed remnant parcel of Lot 19, Block 1 WEYBRIDGE 2ND ADDITION to Lot 18, Block 1, WEYBRIDGE 2ND ADDITION so that it cannot be sold separately. 2) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). / J Page Two Lot SplitWariance 1094 141st Lane NW November 4, 1998 Adopted by the City Council of the City of Andover on this 4th day of November, 1998. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria Volk, City Clerk , " Attachment A (Legal description to be provided at the meeting,) -- Regulur Andover Planning and Zoning Commission .Heeting Minutes - Septemher n. 1998 Page 2 lit/Variance - /-1/35 Value Street - James Shepard, Continued) Commissioner Wells asked I he applicant has been advised to contact his mortgage company. Mr. Hinzman stated that has never en done. ' Motion by Luedtke, Seconded by We ,to open the public hearing. Motion carried unanimously. 7:38 p.m. Ji he ard 1082 4 t ane W 0 er ofP e - stated in looking at the terrain of Parcel 17, that lower triangle will never be developed. Ifhe 'dn't get that triangle, it would go wild. He has planted the grass and brought in a foot of dirt. Parce 7 has no access to that area without building steps. As neighbors. they decided it would be more logl I if he o\.';ned that area. It makes his yard more usable. On the other side of his lot the builder b . t retaining walls and a portion of his driveway on the neighbor's property. which he didn't know a ut until the survey for this was done. That is the reason for the request in the next Agenda item. ,~[otion by Gamache. Seconded by Wells. to close the public hearing. 7:40 p.m. Motion by Jacobson. Seconded by Luedtke, the Resolution as presented. ~tion carried unanimously. This will be on the October 6 City Council agenda. 7:42 p.m. "" -)fPUBLIC HEARING: LOT SPLIT/VARlANCE -1094141ST LANE NW - JAMES SHEPARD 7:42 p.m. Mr. Hinzman reviewed the request of James Shepard to split the eastern four feet from a parcel owned by Paul Mitchell at 1094 141 st Lane NW to be combined with his adjacent property to the east at 1082 141 st Lane NW. The variance is for the minimum lot size for the remnant parcel, for which a covenant would be filed to combine with the neighboring parcel so it could not be sold separately. The request would correct the one-foot encroachment of a retaining well and driveway which was discovered upon resurveying the property for the previous lot split. Staff is recommending approval with conditions. The house was built in 1995 and was a model home. The exact legal description has not been put in the proposed Resolution because they are negotiating where that line will be. There will be a legal description when it goes to the City Council. Motion by Luedtke, Seconded by Wells, to open the public hearing. Motion carried unanimously. 7:45 p.m. Ji m Shepard. 1082 141 st Lane NW - explained when asked by Commissioner Wells that he has had / a lot of problems with the builder and the people in his office. The builder blames everyone except himself. It is easier for him to take care of this problem himself. There are three retaining walls, and they would have to dig an 8-foot hole for the three walls to move them onto his property. Right now , / Regular Andover Planning and Zoning Commission J,feeting ,Hinlltes - September 22, 1998 Page 3 (Public Hearing: Lot Split/Variance - 109+ 1 + 1 st Lane NW - James Shepard, Continued) people cut through his yard as a short cut to the park. He needs to fence the area, but cannot do so until he rectifies this property line problem. His neighbor is in agreement with moving the lot line. ilfotion by Jacobson. Seconded by Wells, to close the public hearing. Motion carried unanimously. 7:47 p.m, Commissioner Wells felt that the City was at fault to some extent and because of that, the fees for this lot split and variance should be waived. Chairperson Squires stated the City doesn't verify encroachments and survey lines. There is no basis to assume that the City made an error. Mr. Hinzman stated Mr. Shepard paid for only one of the lot splits. The fees on this application were waived. Motion by Peek, Seconded by Gamache, to forward the Resolution to the City Council with the recommendation for approval with the provision that Staff insert the legal description. Motion carried unanimously. This will be on the October 6, 1998, City Council agenda. 7:50 p.m. / PUBLIC HEARING: ORDINANCE NO. 240, AN ORDINANCE REPEALING ORDINANCE NO. 62, REGULATING THE DISCHARGE OF FIREARMS AND BOWS 7:50 p.m. Mr. Johnson explained the proposed ordinance would repeal the existincr mance No. 62 and redefines the boundaries for permitted and prohibited discharge of fi rms and bows to reflect the past and current development within the City. The last amend nt to the ordinance was done in 1990. There has been considerable groMh and development . nce then, and Staff felt there needed to be an updated map. Some language was revised, but e intent of the ordinance remains the same. Commissioner Apel thought the old ordinance ha~ ause that the discharge of a weapon was not allowed on platted land. It may be a good idea}':mclude that language in the new ordinance. Mr. Johnson stated the existing ordinance did noYreference platted land. Page 2, Paragraph: The Commissio suggested public property owned by the county also be included. Page 2, Paragraph C: Chaiwerson Squires asked the definition of "solid projectile". Commissioner Ape! felt the paragrap\yrs redundant. Commissioner Wells disagreed, suggesting the sentence be moved up to Paragmph A. No change was agreed upon. / Page 3, Section 3, Exemptions: The Commission suggested reference be made that police officers should be exempt from the provisions of the ordinance. , / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: September 22. 1998 ITEM NO. 4 ORIGINATING DEPARTMENT Public Hearinl!:: L.S.\Var 98-04 1094 141st Lane NW James Shepard Planning John Hinzman 111 City Planner Reauest The Planning and Zoning Commission is asked to review the lot split and variance request of James Shepard to split the eastern four feet from a 13,713 square foot parcel owned by Paul Mitchell located at 1094 141 st Lane NW legally described as Lot 19, Block 1, WEYBRIDGE 2ND ADDITION (PIN 26-32-24-43-0016). , J A variance is requested to the minimum lot size requirements of Ordinance 8, Section 6.02 for the remnant parcel. A covenant would be filed to combine the split parcel with the adjacent eastern property owned by James Shepard at 1082 141st Lane NW so that it could not be sold separately. The property is zoned R-4, Single Family Urban. ADDlicable Ordinances Ordinance 40 regulates the division of lots. A lot split is defined as any division of a lot, parcel or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for a platted lot in the applicable zoning district. Ordinance 8, Section 5.04 establishes the variance procedure. Practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the ordinance provisions must be present in granting a variance. Ordinance 8, Section 6.02 establishes the provision for minimum lot width, lot depth and lot area for zoning districts. The minimum requirements in the R-4 district are as follows: . J , Page Two L.S.War 98-04, Shepard 1094 141st Lane NW September 22, 1998 / . Lot Width at Front Setback . Lot Depth . Lot Area per Dwelling - 80 feet - 130 feet - 11,400 s,f. Backl!round The proposed lot split would correct the encroachment of a retaining wall and driveway. The encroachment was discovered upon resurveying the property for the previous lot split (L.S.War. 98-03) General Review The City has granted variances in the past to minimum lot requirements in order to re- arrange property lines on platted lots with the stipulation that remnant parcels be combined with adjacent property to meet minimum lot requirements. Both lots would exceed minimum standards upon execution of the proposed lot split and combination. , , , ;' Commission Ontions The Planning and Zoning Commission may recommend one of the following options: 1. The Planning and Zoning Commission may recommend to the City Council approval ofthe lot split and variance request finding the request meets the requirements of Ordinances No.8 and 40. 2. The Planning and Zoning Commission may recommend to the City Council denial of the lot split and variance request finding the request does not meet the requirements of Ordinances No.8 and 40. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. Recommendation Staff recommends approval of the lot split and variance with the following conditions: 1) That a covenant be filed to join the proposed remnant parcel of Lot 19, Block 1 WEYBRlDGE 2ND ADDITION to Lot 18, Block 1, WEYBRlDGE 2ND ADDITION so that it cannot be sold separately. , , / , Page Three L.S.\Var 98-04, Shepard 1094 141st Lane NW September 22, 1998 / 2) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E), Attachments . Resolution for Approval . Location Map . Certificate of Survey . Application for Lot Split and Variance . Notice of Public Hearing / , , .I I I '%>' 54 A, 42 / 6 . / Ie s / I. F 5 , 2 ';;;;;"",,~ S 4 I E?j '0 , /I 7 I~~ I II lilY:!:",", .:::::-'"'~~ ~.J 1j":);M.O'-4S~ I ~oQ~~ ~~~ I,L....,'I /,1' ~.J' <O~IW" .lEi , , . . 1 """"If.. , '!~ 1 , ' =.. ' 2ii 12J'" I !.. t~, I" Y I 'fi;- ';q-,. 7~~\ ~! ,'II' c~ , - 14 ~~. 'I. 3 Z r 7 I ~2.J o(q~~ 4~ '-=:, : . I;iii '''. r1 : ~= " ~ ~a~ -. 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PLAT ACftI!:A<< _ G.J7I 01.6%&411 .sa. FT.) tWIT $W1ItAC1!D - G.0f' (~'Z.Zf' sa. FTJ '"'" ....- ACMMlE' - Alto (r.2."I.J.J sea. FT.) LOT 18. BLOCK 1 I"L4T Aat€A~ - 0._ ~173.Z7 sa. n.) ~~~ ~ t~~ ~: == : :::It=,'~~)SQ. n; ) ^" "".....~ 'tP ..,.~ ~' .oP"",.... I I "",' I'la I .', N 88'S7'SO. It' I '" ~--', ~'iJ: 1-: ----;;;;,- 't'" L' , e SEJ'M.$ ,'( '.' . , ,_, ~_-.J-. , , '~,' ,: , '"ARt , "?" q., "",'"~,,.. LOT ~.....~..-n.:'\. ,,' ~ ~"-I-"X "" ""Ill' :::~o' " ,Bl <o~~ ~ ,,' "- ~~~~',,'-<, .~~~ ~ \~ , -' ... . 'I g3/ ; ; I i I I I I I I I :k . 00", !">... i'<~ ..- >: II l! -- 21U.Sj- - N 89.,J'Q4. It' GRAPHIC SCALE '" ( IN nET ) 1 incb - 30 rl / LS q<6~L{ ():///u/!(e, '\ ./ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 LOT SPLIT REQUEST FORM Property Address 1094- /4/ Sf {ANL NvJ Legal Description of Property: (Fill in whichever is appropriate): Lot f 9 Block .1 PIN ;&-3;(~t..{-'13-<X)lb Addition WcY&l/JGE' Tr (If metes and bounds, attach the complete legal description). Is the property: Abstract )( or Torrens 1 (This information must be providea-ana can be obtained from the County) . ----------------------------------------------------------------- Reason for Request -,..0 !l..E...CTff-'r' ~lo.fJN.7Y UNa.. / Current Zoning i~ ----------------------------------------------------------------- Name of Applicant -.JAME.S .s SH&M.A Address foB2 /4/.sr LAN€. NuJi ANlJc:::.V~ I4N sr 301- Home Phone 612 - tJ.34-8'2.8g Business phone Signature ~ S V Date 9-2 -51 ~ ----------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address /<-1 f Tt:.IfCL L , J Signature IrlN ~.r.3 ~t1- Home Phone Business Phone Date 0 ~'" (1" ( -------------------------- -------------------------------------- \ ) 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 two public hearings at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday September 22, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the following lot split and variance requests of James Shepard: Split the southern 3,912 square feet from a 16,528 square foot parcel owned by Edwin Sparr located at 14135 Vale Street NW, legally described as Lot 17, Block 1, WEYBRIDGE SECOND ADDITION (pIN 26-32-24-43-0014). Split the eastern four feet from a 13,713 square foot parcel owned by Paul Mitchell located at 1094 141st Lane NW, legally described as Lot 19, Block 1, WEYBRIDGE SECOND ADDITION (pIN 26-32-24-43-0016). , / Both remnant parcels would be legally combined with property owned by James Shepard at 1082 141st Lane NW, legally described as Lot 18, Block 1, WEYBRIDGE SECOND ADDITION (pIN 26-32-24-43-0015), 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. ~Ub Victoria V olk, City Clerk Publication dates: September 11, 1998 September 18, 1998 / rN 26322~~30030 lEYER MICHON R R r" 'RRENT RESIDENT L_ ,,2ND AVE .:-moVER, MN 55304 :N 26322~~30033 LEArn WALTER R JR & BONA S C R CURRENT RESIDENT )96 1~2ND AVE .'IDOVER, MN 55304 'N 26322~~30010 :JKELICH JOHN P & HEATHER M 't CURRENT RESIDENT .183 VALE ST .'IDOVER, MN 55304 ~ 263224430036 3UBERT DAVIDA & TAMMY M ~ CURRENT RESIDENT 21141STLN 'IDOVER, MN 55304 " 26322~~300 II ,LL PATRICK C ~ CURRENT RESIDENT 171 VALE ST -IT ER, MN 55304 , , ,," 26322~~30013 DERHOLM MARK A ~ CURRENT RESIDENT 1~7 VALE ST .'DOVER, MN 55304 '" 263224~30018 .NDERLICK STEPHEN W , CURRENT RESIDENT 18 141ST LN :roVER, MN 55304 .. 263224~30016 TCHELL PAUL M & PENNY M , CURRENT RESIDENT ,~ 1~IST LN DOVER, MN 55304 , 35322~110048 'ASON DOUGLAS B & KAlHRYN M CURRENT RESIDENT 13 QUINCE ST DOVER, MN 55304 , , ./ PIN 26322~~30031 NORDQUIST SCOTI D OR CURRENT RESIDENT 1120 1~2ND AVE ANDOVER, MN 5530~ PIN 26322~~30009 KNIGHT ERIC S & TRACY OR CURRENT RESIDENT 1~195 VALE ST ANDOVER, MN 55304 PIN 26322~~30038 SKOLBEKKEN DAVID & SAXONL YNN OR CURRENT RESIDENT 1145 1~IST LN ANDOVER, MN 55304 PIN 263224430035 SPARR MARL YS K OR CURRENT RESIDENT 1109 1~IST LN ANDOVER, MN 5530~ PIN 26322~440052 RESIDENT 1004 1~2ND AVE ANDOVER, MN 55304 PIN 26322~~30020 WIGNALL BRUCE W & ROSE MARIE OR CURRENT RESIDENT 11~2 141ST LN ANDOVER, MN 55304 PIN 26322~~30014 JOHNSON JAMES G & CHERYL A OR CURRENT RESIDENT 14135 VALE ST ANDOVER, MN 55304 PIN 26322~430015 SHEPARD JAMES S & DEBORAH J OR CURRENT RESIDENT 1082 141ST LN ANDOVER, MN 55304 PIN 263224440052 ASHFORD DEVELOPMENT CORP INC 3640 152ND LN NW ANDOVER, MN 55304 PIN 26322~430032 BRANNAN WILBUR F & PHYLLIS H OR CURRENT RESIDENT 1108 1~2ND AVE ANDOVER MN 55304 PIN 263224430039 DAHL PETER J & CHRISTINE R OR CURRENT RESIDENT 1157 141ST LN ANDOVER, MN 55304 PIN 263224430037 ALLEN SCOIT R & TAMIL OR CURRENT RESIDENT 1133 141ST LN ANDOVER, MN 55304 PIN 263224430034 SCOFIELD DAVID B & ELAINE M OR CURRENT RESIDENT 1097 141ST LN ANDOVER, MN 55304 PIN 263224430012 HElLING NICHOLAS D & SHAWNA L OR CURRENT RESIDENT 14159 VALE ST ANDOVER, MN 55304 PIN 263224430019 SHAY GLENNICE H & GARY L OR CURRENT RESIDENT 1130141STLN ANDOVER MN 55304 PIN 263224430017 HElL MARK S & WESSEL-BERG C OR CURRENT RESIDENT 1106 141ST LN ANDOVER, MN 55304 PIN 353224110069 WEAST KEVIN S & SANDY J OR CURRENT RESIDENT 971140rn LN ANDOVER, MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. t 998 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Lot Split 98-05 Variance 4440 t 45th Lane NW \~. Andrew Krinitsyn John Hinzman, City Planner Request The City Council is asked to review the lot split and variance request of Andrew Krinitsyn to split the southwestern portion of Lot 7, Block 1, DOSTALER-HANE ADDITION (approximately 3900 square feet) at 4440 145th Lane NW (PIN 30-32-24- 24-0008) . / A variance is requested to the minimum lot size requirements of Ordinance 8, Section 6.02 for the remnant parcel, and lot width requirement for the remaining parcel. A covenant would be filed to combine the split parcel with the adjacent western property owned by Bruce Olson at 4464 145th Lane NW so that it could not be sold separately. Plannin!! and Zonin!! Commission Action The Planning and Zoning Commission voted 5-0 (2 absent) to recommend approval of the lot split and variance, at the October 13, 1998 meeting. Please see the attached minutes for more information. Attachments . Resolution . Planning and Zoning Commission Minutes - October 13, 1998 . Planning and Zoning Staff Report - October 13,1998 / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF ANDREW KRINITSYN PURSUANT TO ORDINANCE NO, 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO, 8, SECTION 6.02, MINIMUM LOT REQUIREMENTS AT 4440 145TH LANE NW, LOT 7, BLOCK 1, DOSTALER- HANE ADDITION (PIN 30-32-24-24-0008) WHEREAS, Andrew Krinitsyn has requested a lot split and variance pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6,02, Minimum Lot Size Requirements on the proposed remnant parcel and varying 35' from the minimum lot width requirement on the remaining parcel on property located at 4440 145th Lane NW, Lot 7, Block 1, DOSTALER-HANE ADDITION, said lot split encompassing approximately 60 feet of frontage on 145th Lane NW and 3,900 square feet; and , \ WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and " / WHEREAS, the 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 lot split\variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: 1) That a covenant be filed to join the proposed remnant parcel of Lot 7, Block 1 DOSTALER-HANE ADDITION to Lot 8, Block 1, DOSTALER-HANE ADDITION so that it cannot be sold separately. 2) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). / / / \ , ) Page Two Lot Split\Variance 4440 145th Lane NW November 4, 1998 3) That a survey of the proposed lot split be submitted to the city for approval. Adopted by the City Council of the City of Andover on this 4th day of November. 1998, CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk J / CITY of ANDOVER PLANNING AND ZONING COi"fMISSION MEETING - OCTOBER 13, 1998 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Randy Peek on October 13, 1998, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Commissioners present: Maynard Apel, Mike Gamache, Don Jacobson, Lorna Wells (arrived at 7:38 p.m.) Jay Squires, Jeff Luedtke City Planning, John Hinzman Others Commissioners absent: Also present: APPROVAL OFMINUTES / September 22, 1998: Correct as written. JJotion by Jacobson, Seconded by Apel, the Minutes as v..Titten. Motion carried on a 4- Yes, 3- Absent (Squires, Luedtke, Wells) vote. t PUBLIC HEARING: LOT SPLIT/VARIANCE - 4440 145TH LANE NW - ANDREW KRlNITS YN 7:31 p.m. Mr. Hinzman reviewed the lot split and variance request of Andrew Krinitsyn to split the southwestern portion of Lot 7, Block 1, Dostalier-Hane Addition at 4440 145th Lane NW. A variance is needed to the minimum lot size requirements of Ordinance 8, Section 6.02 for the rerrmant parcel and a 35-foot variance to the lot width requirement for the remaining parcel. He noted the applicable ordinances. This split is presented in conjunction with the lot split and variance request to a neighboring parcel to the west to adjust the boundaries of both parcels. The current property boundary is positioned so that a portion of the neighboring western property extends beyond the eastern portion of the house in the rear yard. The opposite occurs along the property boundary in the fi'ont yard, extending past the western portion of the neighboring home. Both homes were constructed as super energy efficient homes during the early 1980's and are placed directly north/south to maximize solar energy. The lot line extends through an area that was once densely wooded, but there was significant tree loss during the July storm of 1997. As a result, both residents / now wish to do additional landscaping in their yards. Mr. Hinzman stated the Commission has questioned the need for variances to the minimum lot size requirements for rerrmant parcels. The City Attorney contends the variance is needed because it becomes a legal lot of record. Staff is recommending approval with conditions. ' Regular Andover Planning ar:d Zoning Commission .'-feeting Jfinlltes - Ocrober 13, 1998 Page :! ,Public Heuring: Lot Split/Variance - +,1-10 1-15th Lane - Andrew Krinitsyn. Continued} (Commissioner \Vells arrived at this time, 7:38 p.m.) Acting Chairperson Peek opened the hearing for public testimony, Bmce Olson. 4464 145th Lane - is the neighbor to the west. Mr. Krinitsyn is unable to attend the meeting because he works during this shift. He explained the two super-energy houses were built in the early 1980's when it was totally forested. They had to cut down nwnerous trees to build the houses, and there was total privacy ~tween himself and his neighbor. In July, 1997, they lost over 200 trees betwe,~n the two lots. They hauled out 18 semi-loads of trees, plus rn'o dwnp trucks and 15 trailer loads. Both he and Mr. Krinitsyn see this as an opportunity to take responsibility for their yards. He would like to have a nicer lawn in the front. Mr. Krinitsyn has six children and would like to finish what is now his back yard. They feel this is a win-win situation. '''lotion by Jacobson. Seconded by ApeL to close the public hearing. Motion carried on a 5- Yes, 2- Absent (Squires. Luedtke) vote, 7:40 p.m, Commissioner Jacobson didn't think the applicable hardships are met. though he would vote in favor / of the request because he understood why it is needed. He suggested a legal description for both parcels be included in the Resolution. Mr. Hinzman stated Attachment A will be included with the Resolution, Cl)ffi'niss:oner WeIis was concerr.ed with the 10catio:1. cfthe drain t'ietds and how the new lot lines will affect the location of a secondary drain t!eld. Mr. Hinb'TIa..'l stated the Building Ofticial has reviewed the request and found :1.0 problem. The minimum sizes are met. but he v.ill have the Building Department check on that further. Commissioner Ape! noted the new boundary will be even further away from the existing drainfield than the existing boundary. JVotion by Jacobson. Seconded by Gamache. the Resolution with the Addition of No. 3, the legal description be added. Motion carried on a 5- Yes. 2-Absent (Squires, Luedtkt:) vote. This will ~ placed on the November 4 Council agenda. 7:44 p.m. PUBLIC HEARING: LOT SPLIT/VARlANCE - 4464 145TH LANE . - BRUCE OLSON 7:44 p.m. Mr. Hinzman reviewed the request of Bruce 01 or a lot split and variance to split the northeastern portion of Lot 8. Block 1, Dostalier-H ddition,4464 145th Lane NW. A covenant would be filed to combine the split parcel . the adjacent eastern property owned by Andrew \ Krinitsyn as noted in the previous age item. Acting Chairperson Peek opened the hearing for I bl' . 7 4- pu .lC testimony. :;, p.m. Bruce Olson purposes. Lane NW - stated his comments made previously are applicable for his \ CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: October 13. 1998 ITEM NO. 4 ORIGINATING DEPARTMENT Public Hearin!!:: L.S.War 98-06 4464 l45th Lane NW Bruce Olson Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to review the lot split and variance request of Bruce Olson to split the northeastern portion of Lot 8, Block 1, DOSTALER- HANE ADDITION (approximately 3900 square feet) at 4464 l45th Lane NW (PIN 30- 32-24-24-0009) . / A variance is requested to the minimum lot size requirements of Ordinance 8, Section 6.02 for the remnant parcel. A covenant would be filed to combine the split parcel with the adjacent eastern property owned by Andrew Krinitsyn at 4440 l45th Lane NW so that it could not be sold separately. The property is zoned R-2, Single Family Estate. Applicable Ordinances Ordinance 40 regulates the division oflots. A lot split is defined as any division of a lot, parcel or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for a platted lot in the applicable zoning district. Ordinance 8, Section 5.04 establishes the variance procedure. Practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the ordinance provisions must be present in granting a variance. Ordinance 8, Section 6.02 establishes the provision for minimum lot width, lot depth and lot area for zoning districts, The minimum requirements in the R-2 district are as follows: , '. Page Two L.S.War 98-06, Olson 4464 l45th Lane NW October 13,1998 ) . Lot Width at Front Setback . Lot Depth . Lot Area per Dwelling - 80 feet - 150 feet - 1 acre Backe:round The proposed lot split is presented in conjunction with Lot SplitWariance 98-05 to re- arrange the boundary between the two lots. The current property boundary is positioned so that a portion of the neighboring eastern property extends beyond the western portion of the house in the front yard. The opposite occurs along the property boundary in the rear yard; extending past the eastern portion of the neighboring home. Both homes were constructed as super energy efficient homes during the early 1980's and are placed directly north\south to maximize solar energy. The lot line extends through an area that was once densely wooded but incurred significant tree loss during the July storm of 1997. General Review " , , The City has granted variances in the past to minimum lot requirements in order to re- arrange property lines on platted lots with the stipulation that remnant parcels be combined with adjacent property to meet minimum lot requirements. Both lots would exceed minimum lot size upon execution of the proposed lot split and combination. Commission Ootions The Planning and Zoning Commission may recommend one of the following options: 1. The Planning and Zoning Commission may recommend to the City Council approval of the lot split and variance request finding the request meets the requirements of Ordinances No.8 and 40. 2. The Planning and Zoning Commission may recommend to the City Council denial of the lot split and variance request finding the request does not meet the requirements of Ordinances No.8 and 40. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. ) J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF BRUCE OLSON PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM LOT REQUIREMENTS AT 4464 145TH LANE NW, LOT 8, BLOCK 1, DOSTALER- HANE ADDITION (PIN 30-32-24-24-0009) WHEREAS, Bruce Olson has requested a lot split and variance pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6.02, Minimum Lot Size Requirements on the proposed remnant parcel on property located at 4464 145th Lane NW, Lot 8, Block 1, DOSTALER-HANE ADDITION, legally described on Attachment A; and , WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and , / WHEREAS, the 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 lot split\variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: 1) That a covenant be filed to join the proposed remnant parcel of Lot 8, Block 1 DOSTALER-HANE ADDITION to Lot 8, Block 1, DOSTALER-HANE ADDITION so that it cannot be sold separately. 2) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). , / 'J} l~~~ U.}wJ, Page Two , ; Lot Split\Variance 4464 145th Lane NW October 13, 1998 Adopted by the City Council of the City of Andover on this 3rd day of November. 1998. CITY OF ANDOVER ATTEST: lE. McKelvey, Mayor Victoria V olk, City Clerk , / , I ./ ,)@ City of OLSON-KRINITSYN LOT SPLIT Andover 4440-4464 145TH LANE I 147TH AVE J I / J ~ ~ '\ 146TH LN 146TH LN j \ -- \ I 146T I.GI 1~ I ~// 146TH AVE I~ ~r l- I- 1-65 1~7 en z en w ., ..c, <( 141l'89 ~ > n. <( :J 0 :I: 52 I- 1-4t47 :1:1 .... ;2 111/&"14 145T~ <( . ::;: I~ I~ , / 145TH LN I I ..c, .46l i i -' l-c59 (-_......145TH AVE 14ll'49 1-, en'. 1~ <(\ 1~7 u "z CITY OF ANOKA .- 144TH LN \/ Street Center line. / J Water.shp _ Park.shp Parcels 63 lot I Pareel Boundaries Right-of-Way .; _ W.t8, Features LOCATION ~"~ .......r::..\~.., A.... ~ .'L_"",~' - ~ . f--- -1 ;,~ ~:::::!'t"....., -..... i--:~~"""'-l ':.i_" '''' !i!A.:";'r I,~ I f _ ' ~...I --I ~ -:~-.d.d ~ ~...~,< , ..........1--:0 ' -_ E!- , v--" N A Sources: Andover Engine<<ing Andover GIS Anoka County GIS LEGEND 1 inch - 290 feet RF -1:3.483 Map Date: September 29, 199 .; I J , I I . '+i. /I~ C &,4f'cltl 80~." ..~ Pt.".d &c-tlf~ -. ... - / - \ j CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Property Address LOT SPLIT REQUEST FORM c.J.."~'-I r'lST/, /.....AJ AHv ~C/<. yo- Legal Description of Property: (Fill in whichever is appropriate): Lot ~ Block I PIN 30-3"Z. - 2. '-f- "2.</ -000'1 Addi tion J90s~ kr -{./,4"l -< (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) . ;:~~~~-;~;-;:~::~~---~----;~~;;;::-;-~:-;c-;;~:~--~;-~;;;:-- I r s L.OC-A--tGcf -r;, \;2. t!.X;s'~ !,:L-U 00 ~ ~1J~'7\1 ~ft'c;(~f Lhl'ilr wt-rt. lJo-rov1~ !{tr~cholJ)' Op 71tH? Iocr I~O: li...s. -rh<- r'r<.{<J. Iof- ~f/d ,.,0 II ,NI>lf< 6,,71 .k1+' ..4-Nd lJer'y{lcJ~ to k 1"'~>ttJN.f/ ~(< -for 7h~ ,v:Jrofe"'+7 /;.,j!".t:IM! A-N cf h,e /,,. V J ./.fo c.J S e. , R- :2. I Current Zoning ----------------------------------------------------------------- Address q. r.f- (, 4 t5t"vc-~ C9/so.v ICf~rh '-N Name of Applicant H~me PhOne~q~ Slgnature - Business N vJ tfNlov#!.r- Phone(f~) 'I KO- 4 3 q 0 Date 9-1 ~- q. tY ----------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address (' ~h.e. Home Phone Bus"iness Phone , / Signature ----------------------------------------------------------------- Date ~---- .~ CITY of ANDOVER VARIANCE REQUEST FORM Property Address 1- </ {, '-I I 'f 5"74 -<. N AlvJ ,4Nc(ov~!HIV .r.n~ 'i Legal Description of Property: (Fill in whichever is appropriate): r Block I Addition bo~f~/er -+lIt/V.c- Lot Plat Parcel PIN 30-3~-:2.<I- ;J.t!-DtJO$J (If metes and bounds, attach the complete legal) --------------------------------------------------------------------- Description of Request 10 V'~ Arf'A-fJ7<- 101 //N.e Address Specific Hardship ~/; /91 IlJ-<Lf /~D+ ~ r.e.~ ')t-J:t~J lof ~f (; T wi I ~ e..<J~t,~~ {,o-t~}1-€. ~lJd lJei.,1ic", V'L$()6JP~' ,It. +0.... -rh~ I!7rnn"..1.., 1-.1 -PI-ON-!- >'1Nd 1" (;1.11 .Jfl;Jv';.<. , , I / Section of Ordinance ~ ~.O ~ Current Zoning Q._ "2.. --------------------------------------------------------------------- ~(,R.-.- (fj{SoAl q~ ~ ~ (l.( <[rt, 2 tJ N.J Home phone 3&::L Signature ___ . ~ ,,-It<- I... t, ,. Name of Applicant A/VJ<!Jv~ I"" Business Phone ~ - 1- / 5 - 7'J' Date --------------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) s; 4-N <. Address Home Phone Business Phone .~;..gnature Date , . , . .------------------------------------------------------------------- , J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF l\.1INNESOT A NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold two public hearings at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday October 13, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the following lot split and variance requests to rearrange property boundaries: . . . .. . Split approximat~ly 3900 square feet from the southwest comer of 4440 145th Lane NW owned by Andrew Krinitsyn, legally described as Lot 7, Block 1, DOSTALER-HANE ADDITION. (pIN 30-32-24-24-0008). Split approximately 3900 square feet from the northeast comer of 4464 145th Lane NW owned by Bruce Olson, legally described as Lot 8, Block I, DOSTALER-HANE ADDITION (pIN 30-32-24-24-0009). . / 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 Victoria V olk, City Clerk Publication dates: October 2, 1998 October 9, 1998 / IN 30322~2~0005 HRISTOPHERSON DENNIS D & K M R CURRENT RESIDENT J - "KIOWA ST ~- _NER, MN 55304 .N 30322~2~0012 ::TERS DONALD K & JOANNE L R CURRENT RESIDENT ~60~ KIOWA ST NDOVER, MN 55304 N 30322~2~0015 CCRON JOHN & SAMAC DEBORAH :t CURRENT RESIDENT ~589 LIPAN ST NDOVER, MN 55304 N 303224240007 JRRENT RESIDENT ~532 TIll AVE fDOVER, MN 55304 ~ 303224130007 ~AN DONNIS G & JERRY W ~ CURRENT RESIDENT .533 TIll AVE rrv'VER, MN 55304 . J ~ 303224240008 ~G VINCENT & LINDA A { CURRENT RESIDENT ,~O 145m LN IDOVER, MN 55304 -l 3032242~0029 ::RR!1T RICHARD P " CURRENT RESIDENT 20 145m LN IDOVER, MN 55304 [303224420005 JRRAYPAUL E & LORR! A CURRENT RESIDENT ~59 TIll AVE ,DOVER, MN 55304 1303224420007 lRE FAY E & DARLENE M CURRENT RESIDENT ~37 TIll AVE DOVER, MN 55304 . ) PIN 30322~130023 CURRENT RESIDENT .1~629 TIll AVE ANDOVER, MN 55304 PIN 30322~2~0006 KLIMCZAK JEROME & YEONG S OR CURRENT RESIDENT .14595 KIOWA ST ANDOVER, MN 55304 PIN 303224240013 ANDERSON GORDON H & MAXINE * OR CURRENT RESIDENT .14514 KIOWA ST ANDOVER, MN 55304 PIN 303224240014 DE LARCO DARRELL & KATHRYN OR CURRENT RESIDENT .14557 LIPAN ST ANDOVER, MN 55304 PIN 303224130006 TANNER MILDRED E OR CURRENT RESIDENT .14523 TIll AVE ANDOVER, MN 55304 PIN 303224240009 OLSON BRUCE A & S L OR CURRENT RESIDENT .4464 145m LN ANDOVER, MN 55304 PIN 303224240028 COREY KEVIN W & DEBRA T OR CURRENT RESIDENT .4530 145m LN ANDOVER, MN 55304 PIN 303224420006 ROMO LUTIIER E & MARIE P OR CURRENT RESIDENT .14449 TIll AVE ANDOVER, MN 55304 PIN 303224420021 TIIELEN DENIS M & M L OR CURRENT RESIDENT .14429 TIll AVE ANDOVER, MN 55304 PIN 303224130001 NORDSmOM EUGENE M OR CURRENT RESIDENT .1~607 7TH AVE ANDOVER, MN 5530~ PIN 3032242~0030 CURRENT RESIDENT .4530 146m AVE ANDOVER, MN 55304 PIN 303224130005 BAILEY JOHNNY H & CHERYL D OR CURRENT RESIDENT .14547 7TH AVE ANDOVER, MN 55304 PIN 303224240033 ENGLE ERNEST C & VIRGINIA E OR CURRENT RESIDENT .14554 LIPAN ST ANDOVER, MN 55304 PIN 303224130026 BIRCH DOUGLAS W & CINDY L OR CURRENT RESIDENT .4373 145TI1 AVE ANDOVER, MN 55304 PIN 303224240010 MEYER MICHAEL J & K M OR CURRENT RESIDENT .4488 145TI1 LN ANDOVER, MN 55304 PIN 303224420009 ELLIOTI JOHN B & SHANNAN R OR CURRENT RESIDENT .14458 INCA ST ANDOVER, MN 55304 PIN 303224420008 ALBRIGIIT JOSEPH] & ] A OR CURRENT RESIDENT .14438INCAST ANDOVER, MN 55304 PIN 303224240007 MINNESOTA HOUSING FIN AGENCY 400 smLEY ST . ST PAUL, MN 55101 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1998 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Lot Split 98-06 Variance 4464 145th Lane NW Bruce Olson II. John Hinzman, City Planner Reauest The City Council is asked to review the lot split and variance request of Bruce Olson to split the northeastern portion of Lot 8, Block 1, DOSTALER-HANE ADDITION (approximately 3900 square feet) at 4464 145th Lane NW (PIN 30-32-24-24-0009) . / A variance is requested to the minimum lot size requirements of Ordinance 8, Section 6.02 for the remnant parcel. A covenant would be filed to combine the split parcel with the adjacent eastern property owned by Andrew Krinitsyn at 4440 1 45th Lane NW so that it could not be sold separately. Planning: and Zoning: Commission Action The Planning and Zoning Commission voted 5-0 (2 absent) to recommend approval of the lot split and variance, at the October 13, 1998 meeting. Please see the attached minutes for more information. Attachments . Resolution . Planning and Zoning Commission Minutes - October 13, 1998 . Planning and Zoning Staff Report - October 13, 1998 , / .i CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION GRANTING THE LOT SPLIT AND V ARlANCE REQUEST OF BRUCE OLSON PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM LOT REQUIREMENTS AT 4464 145TH LANE NW, LOT 8, BLOCK 1, DOSTALER- HANE ADDITION (PIN 30-32-24-24-0009) WHEREAS, Bruce Olson has requested a lot split and variance pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6.02, Minimum Lot Size Requirements on the proposed remnant parcel on property located at 4464 145th Lane NW, Lot 8, Block 1, DOSTALER-HANE ADDITION, encompassing approximately the eastern 75 feet totaling approximately 3,900 square feet of property; and - ) WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the 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 lot split\variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: 1) That a covenant be filed to join the proposed remnant parcel of Lot 8, Block 1 DOSTALER-HANE ADDITION to Lot 8, Block 1, DOSTALER-HANE ADDITION so that it cannot be sold separately. 2) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). / \ Page Two Lot Split\Variance 4464 145th Lane NW November 4, 1998 -' 3) That a survey of the proposed lot split be submitted to the City for approval. Adopted by the City Council of the City of Andover on this 4th day of November. . 1998. CITY OF ANDOVER ATTEST: lE. McKelvey, Mayor Victoria V olk, City Clerk , ; '\ ) Regular Andover Planning and Zoning Commission ,I,leeting .I.fir.utes - October 13. /99R Page ~ euring: Lot Split/Variance - -1-1-10 [-15th Lane - Andrew Krinitsyn. Continued) Bmce Ison 4464 5th Lane - is the neighbor to the west. Mr. Krinitsyn is unable to attend the meeting because he w ks during this shift. He explained the tv.'o super-energy houses were built in the early 1980's when was totally forested. They had to cut down numerous trees to build the houses, and there was total 'vacy between himself and his neighbor. In July, 1997, they lost over 200 trees betv:e.~n the two lot. They hauled out 18 semi-loads of trees, plus tv.'o dump trucks and IS trailer loads. Both he and Mi. 'nitsyn see this as an opportunity to take responsibility for their yards. He would like to have a nice lawn in the front. Mr. Krinitsyn has six children and would like to finish what is now his back yard. hey feel this is a ""in-win situation. Motion by Jacobson. Seconded by ApeL t close the public hearing. Motion carried on a 5- Yes, 2- Absent (Squires. Luedtke) vote. 7:40 p.m. / Commissioner Jacobson didn't think the applicab hardships are met. though he would vote in favor of the request because he understood why it is nee ed. He suggested a legal description for both parcels be included in the Resolution. Mr. Hinzman s ted Attachment A will be included with the Reso!ution. Cl'm'niss:oner WeBs was concerned with the location of the in t'ields and how the new lot lines will affect the location of a secondary drain field. Mr. HinZ1'l1 stated the Building Ot1lcial has reviewed the request and found no problem. The minimum siz are met. but he ""ill have the Building Department check on that further. Commissioner Apel no d the new boundary will be even further away from the existing drainfield than the existing bounda . Motion by Jacobson. Seconded by Gamache. the Resolution with the Additl of No. 3, the legal description be added. Motion carried on a 5- Yes. 2-Absent (Squires, Luedtke) placed on the November 4 Council agenda. 7:44 p.m. * PUBLIC HEARING: LOT SPLITIVARlANCE - 4464 145TH LANE NW - BRUCE OLSON 7:44 p.m. 1Ylr. Hinzman reviewed the request of Bruce Olson for a lot split and variance to split the northeastern ponion of Lot 8. Block I, Dostalier-Hane Addition, 4464 145th Lane NW. A covenant would be filed to combine the split parcel with the adjacent eastern property owned by Andrew \ Krinitsyn as noted in the previous agenda item. Acting Chairperson Peek opened the hearing for / public testimony. 7:45 p.m. Bruce Olson. 4464 145th Lane NW - stated his comments made previously are applicable for his purposes. \ ) Regular Amlo~'e.~ Planning and Zoning Commission Jleeting J/inutes - Ocroher 13. 1998 Page 3 (Public Hearing: Lot Split - -1-16-1 1-l5th Lane - Bruce Olson. Continued) .1.1otion by Ape!. Seconded by Gamache, to close the public hearing. Motion carri.ed on a 5- Yes, 2-Absent (Squires. Luedtke) vote 7:45 p.m. Motion by Jacobson. Seconded by Ape!. the resolution as prepared with Number 3 added, that the legal description be attached. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote. This will be placed on the November 4 Council agenda. 7:46 p.m. PUBLIC HEA.RlNG: SPECIAL USE PERMIT - BULK STORAGE OF LIQUID E IS - 2387 COMMERCIAL BOULEVARD NW - RICCAR HEA TING Al"iD AIR CON WNING / 7:46 p.m. Mr. Hinzman r.eviewed the request of Riccar Heating and Aiv onditioning for a Special /' Use Permit to install a 2.000-gallon above-ground gasoline tank at 23.87 Commercial Boulevard NW. The property is zoned OB. General Business. The tank would be1tored in a concrete vault identical to the recently approved tank for Ace Solid Waste. It wo\,Lidbe located on the northeast corner of the building in the comer of a fenced area in the back. They ",ill continue to have ad.equate parking on site with the storage tank at that location. Th~.-fusidence to the north has been purchased by Anoka County in conjunction with the Bunker.Lake Boulevard project. The residence to the east is a non-conforming use. Staff is recommending approval ",ith conditions. Acting Chairperson Peek opened the hearing for public testimon// / Doug La\\iTence. 2477 NW Main ?treet. Coon Rapids - would be installing the tank and would supply the fuel. The tank. is the best in the industry as of now. It is solid concrete. The reason for an above-ground tank is beca~et'here are too many problems with underground tanks and tests have to be run e'iery year. It is n~a big tank, measuring 9 x 12 x 7 feet. Commissioner Jacobson stated the designs do not Sh07Y posts around the tank to prevent people from driving into it. Mr. Lawrence - stated-they can put posts around the perimeter of the tanIe The tank would be in the corner. protected by, {he building on one side and the fence on the other side. Conunissioner Wells questioned if the t~nk. will be seen over the fence and asked about the signage on the tank.. Mr. Lawrt.:. ~~ated it will be seep. by the public if placed where they want to put it. He would like it on the other side of the fence. and he would recommend that. Then it would be in a locked area. Ifth.e Commission would rather have it on the other side of the fence, there is room to put it there. The signage \\iill state it is gasoline and flammable material. The Commission generally preferred that the tank. be out of view of the public. .' l"lotion by Oamach~. Seconded by Wells. to close the public hearing. Motion carried on a 5- Yes, 2-Absent (Squires. Luedtke) vote 7:56 p.m. 'I J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: October 13,1998 ITEM NO. 4 ORIGINATING DEPARTMENT Public Hcarine:: L.S.War 98-06 4464 145th Lane NW Bruce Olson Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to review the lot split and variance request of Bruce Olson to split the northeastern portion of Lot 8, Block I, DOSTALER- HANE ADDITION (approximately 3900 square feet) at 4464 145th Lane NW (PIN 30- 32-24-24-0009) . / A variance is requested to the minimum lot size requirements of Ordinance 8, Section 6.02 for the remnant parcel. A covenant would be filed to combine the split parcel with the adjacent eastern property owned by Andrew Krinitsyn at 4440 145th Lane NW so that it could not be sold separately. The property is zoned R-2, Single Family Estate. Avvlicable Ordinances Ordinance 40 regulates the division of lots. A lot split is defined as any division of a lot, parcel or tract ofland into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for a platted lot in the applicable zoning district. Ordinance 8, Section 5.04 establishes the variance procedure. Practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the ordinance provisions must be present in granting a variance. Ordinance 8, Section 6.02 establishes the provision for minimum lot width, lot depth and lot area for zoning districts. The minimum requirements in the R-2 district are as follows: . / Page Two L.S.\Var 98-06, Olson 4464 145th Lane NW October 13,1998 . Lot Width at Front Setback . Lot Depth . Lot Area per Dwelling - 80 feet - 150 feet - 1 acre Backl!round The proposed lot split is presented in conjunction with Lot Split\ Variance 98-05 to re- arrange the boundary between the two lots. The current property boundary is positioned so that a portion of the neighboring eastern property extends beyond the western portion of the house in the front yard. The opposite occurs along the property boundary in the rear yard; extending past the eastern portion of the neighboring home. Both homes were constructed as super energy efficient homes during the early 1980's and are placed directly north\south to maximize solar energy. The lot line extends through an area that was once densely wooded but incurred significant tree loss during the July storm of 1997. General Review ) The City has granted variances in the past to minimum lot requirements in order to re- arrange property lines on platted lots with the stipulation that remnant parcels be combined with adjacent property to meet minimum lot requirements. Both lots would exceed minimum lot size upon execution of the proposed lot split and combination. Commission Ootions The Planning and Zoning Commission may recommend one of the following options: 1. The Planning and Zoning Commission may recommend to the City Council approval of the lot split and variance request finding the request meets the requirements of Ordinances No.8 and 40. 2. The Planning and Zoning Commission may recommend to the City Council denial of the lot split and variance request finding the request does not meet the requirements of Ordinances No.8 and 40. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. \ , / \ / I / Page Three L.S.War 98-06, Olson 4464 145th Lane NW October 13, 1998 Recommendation Staff recommends approval of the lot split and variance with the following conditions: 1) That a covenant be filed to join the proposed remnant parcel of Lot 8, Block 1 DOSTALER-HANE ADDITION to Lot 7, Block I, DOSTALER-HANE ADDITION so that it cannot be sold separately. 2) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Attachments . Resolution for Approval . Location Map . Site Map . Application for Lot Split and Variance . Notice of Public Hearing @ City of Andover "J ~ 146TH LN LEGEND '- N Street Center Lines / : Water.shp _ Park.shp Parcels BLot I Parcel Boundaries Right-of-Way Water Features OLSON-KRINITSYN LOT SPLIT 4440-4464 1 45TH LAN E 146TH LN LOCATION 147TH AVE 1 inch" 290 feet N A Sources: Andover Engineemg Andover GIS Anoka County GIS Map Date: September 29, 199 RF -1:3.483 C &,4f'cltl 80~." ..~ Pt. ".d &c-tlf~ ..... ... - .; { , I r . } ...)1 " ! '+7, /J.:.:.! / , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 LOT SPLIT REQUEST FORK Property Address 4$11,/0 - /9'5" 71, LN. NtV. #,t/un;:R )IN s-s3"if Legal Description of Property: (Fill in whichever is appropriate): 7 Block / Addition ,.. j) OS! ,I1LBI:, - HAt/e- Lot PIN 30-32..-2.'1-2.~-ooo8 (If metes and bounds, attach the complete legal description). Is the property: Abstract ~ or Torrens ? (This information must be providea-ina can be obtained from the County) . ----------------------------------------------------------------- / Reason for Request To R~-4fAJNt:t.-e t-07 tijIJ......s. iT 7/.....L !!~~.l.~7..J2.cI lor sn:7 w;/I e.UA},/.JZ.. .l>oTA He: "1'> . A/...e "9"hbnA 7'(') h~ R.Il cn),J./~;hL-€ -In,B fA"-2- M~"f1gI?'!Y ;,1.../ rlPflAlT / , . Ci b12.A;/o./Q.{ j./Ou~ Current Zoning R-z ----------------------------------------------------------------- Name of Applicant Address L/t/LI 0 ,L} J.I ot c LJ I<,f; j,(" '15 '1'</ IS'$,- -#, LA! 1-1.0 I)/-/DC>J/G.e . Date H N .(""S"~o if .1,/2/- 0230 9- 15"'- 92 Signature Business Phone Home Phone Property Owner (Fee Owner) (If different from above) Address S IJrtc- Home Phone Bus'iness phone , / Signature Date ----------------------------------------------------------------- .~ CITY of ANDOVER Property Address VARIANCE REQUEST FORM 1.;'1</0 ,- /'I~"f? LN N4.J IJUJ)ovER Ii# S-s .3~lf Legal Description of Property: (Fill in whichever is appropriate): Lot 7 Block I Addition !)057,ALfR -k/)JJ{3 PIN ..30 - 32. -.2 t/ - 2 (j - 000 .g attach the complete legal) Plat Parcel (If metes and bounds, --------------------------------------------------------------------- Description of Request 70 RstJ.p.R IINy LtJ'l LiNG ,.. ';ific Hardship / 7 /1 /97 / I 107' .sI'L I't w / 1/ .J2.j;!11 hI/(. /Jofl, ,A,lr AN/) JI..z.iphlM.e lei> iJ.Jl. IJRep(]17v IN I~D)./T ct./../ j) /inN')!/) )/OUS..J2.-, ' I I g, r; . 02- Cur rent Zoning . Lo s )5' f} +- TRJi!.>"-~ 1k.~. Il .Jl ~ -'- <:'7" 1. cI 7r. h~ R~~P~NS;bj~ f 5ection of Ordinance 1'-2. --------------------------------------------------------------------- \ddress J)N/)t~ IV ,J!..fi/ol; 7"5,/P L N /\I W I1n /)(") 1/1 R J.I AI 5"S UN/ ~ame of Applicant lame Phone Business Phone H!I- 0230 >ignature Date 9 - /5 - 98 .----------- ------------------------------------------------- 'roperty Owner (Fee Owner) (If different from above) S/J-kJL.. ddress .OJ'l!"! Phone Business Phone . J 'nature Date -------------------------------------------------------------------- \ ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF A1'IDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold two public hearings at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday October 13, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the, following lot split and variance requests to rearrange property boundaries: Split approximat~ly 3900 square feet from the southwest corner of 4440 145th Lane NW owned by Andrew Krinitsyn, legally described as Lot 7, Block 1, DOSTALER-HA1~E ADDITION. (pIN 30-32-24-24-0008). Split approximately 3900 square feet from the northeast corner of 4464 145th Lane NW owned by Bruce Olson, legally described as Lot 8, Block I, DOSTALER-HANE ADDITION (pIN 30-32-24-24-0009). / 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. rLt:w Ij~~ Victoria V olk, City Clerk Publication dates: October 2, 1998 October 9, 1998 / N 30322~2~0005 :nuSTOPHERSON DENNIS 0 & K M ~ CURRENT RESIDENT '<10WAST ~,-,VER. MN 55304 ~ 30322~2~0012 :TERS DONALD K & JOANNE L t CURRENT RESIDENT \604 KIOWA ST IDOVER. MN 55304 \j 30322~240015 :CRON JOHN & SAMAC DEBORAH t CURRENT RESIDENT .589 LIPAN ST IDOVER. MN 55304 \j" 303224240007 JRRENT RESIDENT .532 TrH AVE iDOVER. MN 55304 1303224130007 AN DONNIS G & JERRY W . CURRENT RESIDENT 533 TrH AVE TV'" - "ER. MN 55304 ./ [303224240008 ....'iNING VINCENT & LINDA A CURRENT RESIDENT 40 1~5TH LN DOVER. MN 55304 '3032242~0029 RRITI RICHARD P CURRENT RESIDENT !O 145THLN DOVER. MN 55304 303224420005 RRA Y PAUL E & LORRI A CURRENT RESIDENT 59 TrH AVE ,)()VER. MN 55304 303224420007 iffi FAY E & DARLENE M :URRENT RESIDENT 37TrHAVE )()VER. MN 55304 J PIN 303224130023 CURRENT RESIDENT .14629 Tru AVE ANDOVER. MN 55304 PIN 303224240006 KLIM:CZAK JEROME & YEONG S OR CURRENT RESIDENT .14595 KIOWAST ANDOVER. MN 55304 PIN 303224240013 ANDERSON GORDON H & MAXINE · OR CURRENT RESIDENT .14514KIOWAST ANDOVER, MN 55304 PIN 303224240014 DE LARCO DARRELL & KAlHRYN OR CURRENT RESIDENT .14557 LIPAN ST ANDOVER. MN 55304 PIN 303224130006 TANNER Mll..DRED E OR CURRENT RESIDENT .14523 TrHAVE ANDOVER, MN 55304 PIN 303224240009 OLSON BRUCE A & S L OR CURRENT RESIDENT A464 145TH LN Al'IDOVER. MN 55304 PIN 303224240028 COREY KEVIN W & DEBRA T OR CURRENT RESIDENT .4530 145TH LN ANDOVER, MN 55304 PIN 303224420006 ROMO LUTHER E & MARIE P OR CURRENT RESIDENT .14449TrHAVE ANDOVER. MN 55304 PIN 303224420021 THELEN DENIS M & M L OR CURRENT RESIDENT .14429TrHAVE ANDOVER, MN 55304 PIN 303224130001 NORDSTROM EUGENE M OR CURRENT RESIDENT .1~607 TrH AVE ANDOVER. MN 55304 PIN 30322~2~0030 CURRENT RESIDENT A530146THAVE ANDOVER, MN 55304 PIN 30322~13oo05 BAILEY JOHNNY H & CHERYL D OR CURRENT RESIDENT .14547 TrH AVE ANDOVER, MN 55304 PIN 303224240033 ENGLE ERNEST C & VIRGINIA E OR CURRENT RESIDENT .14554 LIPAN ST ANDOVER, MN 55304 PIN 303224130026 BIRCH DOUGLAS W & CINDY L OR CURRENT RESIDENT .4373 145TH AVE ANDOVER, MN 55304 PIN 303224240010 MEYER MICHAEL J & K M OR CURRENT RESIDENT A488 145TH LN ANDOVER. MN 55304 PIN 303224420009 ELLIOIT JOHN B & SHANNAN R OR CURRENT RESIDENT .14458 INCA ST ANDOVER, MN 55304 PIN 303224420008 ALBRIGlIT JOSEPH J & J A OR CURRENT RESIDENT .14438 INCA ST ANDOVER, MN 55304 PIN 303224240007 MINNESOTA HOUSING FIN AGENCY 400 SIBLEY ST ST PAUL, MN 55101 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November4,1998 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. SUP 98-17 Above Ground Fuel Tank 2387 Commercial Blvd. NW Riccar Heating and Air Condo John Hinzman, City Planner Ig. Reauest The City Council is asked to approve the Special Use Permit request ofRiccar Heating and Air Conditioning to install a 2,000 gallon above ground gasoline tank on property located at 2387 Commercial Blvd. NW, legally described as Lot 1, Block 1, ANDOVER COMMERCIAL PARK (PIN 34-32-24-32-0009). Planning and Zoning Commission Action The Planning and Zoning Commission voted 5-0 (2 absent) to recommend approval of the request at the October 13, 1998 meeting. Please consult the attached staff report and minutes for more information. Attachments . Resolution for Approval . Planning and Zoning Commission Minutes - October 13, 1998 . Planning and Zoning Commission Staff Report - October 13, 1998 / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR THE BULK STORAGE OF LIQUID FUELS PURSUANT TO ORDINANCE NO.8, SECTION 4.26 FOR RICCAR HEATING AND AIR CONDITIONING AT 2387 COMMERCIAL BOULEVARD NW LEGALL Y DESCRIBED AS LOT 1, BLOCK 1, ANDOVER COMMERCIAL PARK (PIN 34-32-24-32-0009). WHEREAS, Riccar Heating and Air Conditioning has requested a Special Use Permit for the installation of a 2,000 gallon above ground storage tank pursuant to Ordinance No.8, Section 4.26 on property located at 2387 Commercial Blvd. NW, legally described Lot 1, Block 1, ANDOVER COMMERCIAL PARK; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 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 Special Use Permit on said property with the following conditions: I) 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 Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 3) That the Special Use Permit shall be subject to annual review. Page Two SUP - Storage of Bulk Liquid Fuels Riccar Heating and Air November 4, 1998 4) That concrete bollards be placed around the tank to prevent collision. 5) That tank be screened from the view of Bunker Lake Blvd. NW. Adopted by the City Council of the City of Andover on this 4th day of November, 1998. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor -' Victoria Volk, City Clerk I " Regular Andot:~::.flanning und Zonhg Commission ,'.leering .\,finutes - Ocrobe 1998 Page J (Public Hearing: Lot Split - .J.J6.J 1.J5rh La Motion carried on a 5- Yes, M~otion by Ape!. Seconded by Gamache, to close the p 2-Absent (Squires. Luedtke) vote 7:45 p.m. Motion by Jacobson. Seconded by Ape!. the resolution as prepared wit umber 3 added, that the legal description be attached. Motion carried on a 5- Yes, 2-Absent (Squire , ""ill be placed on the November 4 Council agenda. 7:46 p.m. > .,------- i/ PUBLIC HE4R1NG: SPECIAL USE PER,1tIIT -BULK STORAGE OF LIQUID FUELS - 2387 r COMMERCIAL BOULEVARD NW - RICCAR HEA TING Al'fD AIR CONDITIONING 7:46 p.m. Mr. Hinzman reviewed the request of Riccar Heating and Air Conditioning for a Special Use Permit to install a LOOO-gallon above-ground gasoline tank at 2387 Commercial Boulevard NW. The propeny is 'loned GB. General Business. The tank would be stored in a concrete vault identical " to the recently approved tank for Ace Solid Waste. It would be located on the northeast comer of I the building in the comer of a fenced area in the back. They ""ill continue to have adequate parking on site with the storage tank at that location. The residence to the north has been purchased by Anoka County in conjunction with the Bunker Lake Boulevard project. The residence to the east is a non-conforming use. Staff is recommending approval ""ith conditions. Acting Chairperson Peek opened the hearing for public testimony. Doug La""Tence. 2477 NW Main Street. Coon Rapids - would be installing the tank and would supply the fue!. The tank is the best in the industry as of now. It is solid concrete. The reason for an above-ground tank is because there are too many problems with underground tanks and tests have to be nul every year. It is not a big tank, measuring 9 x 12 x 7 feet. Commissioner Jacobson stated the designs do not show any posts around the tank to prevent people from driving into it. Mr. Lm,vrence - stated they can put posts around the perimeter of the tanle The tank would be in the comer, protected by the building on one side and the fence on the other side. Commissioner Wells questioned if the tank will be seen over the fence and asked about the signage on the tank. Mr. La\Nrl:. _e - stated it will be seer. by the public if placed where they want to put it. He would like it on the other side of the fence, and he would recommend that. Then it would be in a locked area. If the Commission would rather have it on the other side of the fence, there is room to put it there. The signage ""ill state it is gasoline and tlammable material. The Commission generally preferred that the tank be out of view of the public. / Motion by Gamache. Seconded by Wells, to close the public hearing. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote 7:56 p.m. \ ) Regular .-1mlo\'e, Plunning and Zoning Commission .tleeting Jfinllfes - October " 199.3 Pag~ -I (Public Hearing: Special Cse rmi: - Bulk Storage of Liquid Fuels - Riccar Heating & Air Conditioning. Continued) Commissioner Wells \vas concerned with request because of the ability of the public to view the tank. This is a very busy area as opposed to e Ace Solid Waste site. She also felt this may be setting a precedent of allo\ving each one of the b inesses to have a 2,000-gallon tank in the back of their buildings. She questioned the need for such arge tank. Commissioner Apel noted this is a commercial area. and he didn't think it was unreas able for a heating and air conditioning businesses to want gasoline storage facilities on their site. didn't see a reason to deny the request. ~fotion by Ape!. Seconded by Jacobson. that the Planning and Zo . g Commission forward to the City Council with the recommendativn for approval the Resolution ap ving a Special Use Permit for the bulk stordge at the Riccar Heating and Air Conditioning facility. ove Item No.2. Item No.5, add a stipulation that the safety bumpers be placed around the t to prevent being accidental~y being hit by a car or truck. Add Item No.6, If the tank can be viewe the traveling public along Bunker Lake Boulevard, that the fence be extended to shield it from nker Lake Boulevard. Motion carried on a 5- Yes. 2-Absent (Squires, Luedtke) vote. This will be p ced on / the November 4 City Council agenda. 8:00 p.m. PUBLlC HEARI:VG: SPECIAL USE PERMIT - TEMPORARY CLASSROOIl-IS - 1 NIGHTINGALE STREET NW - FAMlL Y OF CHRIST CHURCH 8:00 p.m. Mr. Hinzma reviewed the request of the Family of Christ Churc ,or an Amended Special Use Permit to erect YO, 12 x 60-foot temporary classroom trailers I ated on the southeast comer of the existing building t 16045 Nightingale Street. They are pr osing (0 construct another building in the 1999 to 2000 ti. frame, and these temporary class oms would serve their needs until that permanent addition is c structed. Staff is reco nding approval with conditions. Commissioner Jacobson asked if th building code regar 'ng rest rooms and accesses must be followed. Stan Jorgenson. Familv of Christ Church - sta they talked with the Building Inspector before ma.l(ing application for the Amended Special e it. Due to the type of use, which is basically ody on Sunday mornings for approximate three ho the Building Otlicial stated they would not have to connect to restroom facilities. e trailers will not e connected to the main building. There "viII be a tire extinguisher inside e classroom, but no fir prinkler system. There will be two entrances to each trailer. " Acting Chairperson Peek ed the origin of the two-year time limit. Mi'. Hinzman stated a similar / permit was granted in . 0 to Constan~e Free Church. They had a three :year time frame. In talking with Ylr. Jorgenso . they negotiated a time of two years. Commissio r Jacobson recalled the original permit r Constance Free Church was for two years, and they c e in for a one-year extension.. mg Chairperson Peek opened the hearing for public input. , , J CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: October 13. 1998 ITEM NO. 5 ORIGINATING DEPARTMENT SUP 98-17, Bulk Storage of Liquid Fuels 2387 Commercial Blvd. NW Riccar Heating and Air Conditioning Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to approve the Special Use Permit request of Riccar Heating and Air Conditioning to install a 2,000 gallon above ground gasoline tank on property located at 2387 Commercial Blvd. NW, legally described as Lot 1, Block 1, ANDOVER COMMERCIAL PARK (PIN 34-32-24-32-0009). / The property is zoned GB, General Business. Applicable Ordinances Ordinance No.8, Section 4.26, establishes the criteria for a Special Use Permit for all uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids. Ordinance No.8, Section 5.03, regulates the Special Use Permit process 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 effect on 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. J Page Two 'I SUP 98-17, Riccar Heating and Air 2387 Commercial Blvd. NW October 13, 1998 Adiacent Zoning and Land Use Adjacent zoning and land use within 350' of the site include the following: North - East Southeast - South - West - R-4, existing home - 90' GB, existing home - 150' GB, G & R Elevator GB, Andover Collision Center R-4, HIDDEN CREEK 2ND, nearest home - 400' NB, Crosstown Square Shopping Center General Review The proposed 2,000 gallon gasoline tank would be stored above ground in a concrete vault, identical to the recently approved tank for Ace Solid Waste. The residence to the north has been purchased by Anoka County in conjunction with the Bunker Lake Blvd. project, the residence to the east is a non-conforming use. The Andover Fire Chief will review the tank plans and installation. / Commission Ontions 1. The Planning and Zoning Commission may recommend to the City Council approval of the Special Use Permit request of Riccar Heating and Air Conditioning on property located at 2387 Commercial Blvd. NW legally described as Lot 1, Block 1, ANDOVER COMMERCIAL PARK. 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 Special Use Permit request of Riccar Heating and Air Conditioning on property located at 2387 Commercial Blvd. NW legally described as Lot 1, Block 1, ANDOVER COMMERCIAL PARK. 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. l , , / Page Three SUP 98-17, Riccar Heating and Air 2387 Commercial Blvd. NW October 13, 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 the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 4) That the Special Use Permit shall be subject to annual review. Attachments / . Resolution . Location Map . Site Plan . 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 A SPECIAL USE PERMIT FOR THE BULK STORAGE OF LIQUID FUELS PURSUANT TO ORDINANCE NO.8, SECTION 4.26 FOR RICCAR HEATING AND AIR CONDITIONING AT 2387 COMMERCIAL BOULEVARD NW LEGALLY DESCRIBED AS LOT I, BLOCK I, ANDOVER COMMERCIAL PARK (PIN 34-32-24-32-0009). WHEREAS, Riccar Heating and Air Conditioning has requested a Special Use Permit for the installation of a 2,000 gallon above ground storage tank pursuant to Ordinance No.8, Section 4.26 on property located at 2387 Commercial Blvd. NW, legally described Lot I, Block I, ANDOVER COMIvIERCIAL PARK; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 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 ofthe 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 Special Use Permit on said property with the following conditions: I) 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 tank-rerns'lal QRQ installation. 3) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8. Section 5.03 (d). ;' 4) S) ~~~;:t~{)E;;b; 1;11 kU:j2T review. b) 1: ~f tI fcl: (u /I. fQ Ule .vel -t/c" lot ~ /c[l'), fe1Cf . / Page Two SUP - Storage of Bulk Liquid Fuels Riccar Heating and Air October 13, 1998 .7:\'^' Adopted by the City Council of the City of Andover on thisJrd day of November, 1998. CITY OF ANDOVER A TIEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk , ; ; ;@ City of RICCAR HEATING AND AIR CONDITIONING Andover 2387 COMMERCIAL BLVD ~I t I- (l en en 131flS :;; <( x BUNKER LAKE BLVD --- 0 > 2V€O -' ~ lD Z ~ 0 I- en 1~0 en 0 a:: 1~4 () ~6 1s67 2387 * I- en 1361 J: en :J 1~4 a:: J: l- I- en en "'.. :;; ----., <( x COMMERCIAL BLVD 136TH LN \ ~ ~2 s - LEGEND N A Sources: Andover Engineering Andover GIS Anoka County GIS , Ai Street Center Lines f >-<_ _.1 Water.shp _ Park.shp Parcels BLot I Parcel Boundaries Right-of-Way Water Features I LOCATIO~ 1 inch - 224 feet RF - 1 :2.683 -:---a. . Map Date: October 13, 1998 / 2387 136TH AVENUE NW. ANDOVER, MINNESOTA 55304 754-4000 FAX 754-0132 RESIDENTIAL-COMMERCIAL HEATING & COOLING ..... , , J , ~ ~, I 6JIW/Ne..., / gAC-K t-OI I , "$51 #) ;ZO~ / I l 3Z,-:;~ " N 7, X"\ lANk , l.,.. ~ Ic\ I I ....... ) ~ } ~'\ ~ -l J ~ -J 1'1 MN -PAE.~r'/b, t-or "The Climatizer" "Serving YOUT Community Since 1972'" :,C::P-iJ1 98 13:139 FROt'l: 755-8923 TO: 612755493iJ PAGE:D2 ~ J CITY of ANDOVER 1685 CROSSTOWN BOUL.EVARD N.w. . ANOOVER. MINNESOTA 55304 . (612) 155.5100 SPECIAL USE PERMIT P,op.,ty Add,"". ,J/3~~'aj ~lJtJ . I M 5530 Legal Descrlption of Property: (Fill in whichever is appropriate): Lot I Block ' i Addition 4l1dMJbl ~mi1t..~4 p~ attach PIN g:J43d ;;;4<3:;J.OL1:J9(If metes and bounds, . the complete legal description. ) Is the property: Abstract or Torrens ? (This information must be provided and can be obtained from the County.) ., -~~""--------~__~HHH~_____________~NH_______HNN~"_~_N______~N~___ / Section of ordinance Current Zoning ~-------__~N_~___________N~___NN____'______~__________~__~________ Name of Applicant ~ t1rewT Address ~3 8; 7 COlM WIt' ~c (~L 'FS'-iJd A) cJ /f.,pft"lrJCl/l Home Phone Phone 7 S<.J ' Lj DC(J Signature Date J..~ a'q /99K" ----.,."HHN__...... Property Owner (Fee Owner) (If different from above) fll -tie. Address 111I;)..b' t90Ldpkl "'WI rl, Home Phone - ... S!; ~ At;/,tp 05;. <4 br)()e. Signature \ s.-r ~(l? - C()()M ~j) leis I Business Phone '15lf- 'tt:JO{) Date ~ ;>'~I 9'~ --.,~.._..."._.. H..~______________HH.._NN_______________M___"_~_ / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER. MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday October 13, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the special use permit request ofRiccar Heating and Air Conditioning to place a 2,000 gallon above ground storage tank at 2387 Commercial Boulevard NW, legally described as Lot 1, . Block 1 ANDOVER COMMERCIAL PARK (pIN ~-32-24~32-0009). 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 , / ~ tJI/ Victoria Volk, City Clerk Publication dates: October 2, 1998 October 9, 1998 / ~IN 343224320012 IDGHES JAMES A & SANDRA E [2083 ROBIN RD vf 'E GROVE MN 55369 , / "IN 343224320010 50NTERRE DOROTHY R JR CURRENT RESIDENT !356 BUNKER LAKE BLVD -\NDOVER. MN 55304 PIN 333224410035 CARLSON BRYCE C & PAMELA L JR CURRENT RESIDENT 13683 XA VIS ST ANDOVER. MN 55304 PIN 3432243200 11 GIESKE JUDY & PFEIFFER LAURI OR CURRENT RESIDENT 13654 THRUSH ST ANDOVER. MN 55304 PIN 343224320012 CURRENT RESIDENT 2321136THAVE ANDOVER. MN 55304 , / PIN 343224320013 LEE GREGORY A & MARLENE M OR CURRENT RESIDENT 2384 COMMERCIAL BLVD ANDOVER. MN 55304 PIN 343224320015 MULCAHY GARY T OR CURRENT RESIDENT 13586 THRUSH ST ANDOVER. MN 55304 i PIN 333224140025 CURRENT RESIDENT 13715 XAVIS ST ANDOVER. MN 55304 PIN 343224320021 ANDOVER CITY OF 1685 CROSSTOWN BLVD ANDOVER MN 55304 PIN 333224410068 KLUS WAGNER ANDOVER PARTNERS OR CURRENT RESIDENT 13660 CROSSTOWN BLVD ANDOVER. MN 55304 PIN 333224410036 STEWART JOHN OR CURRENT RESIDENT 13677 XA VIS ST ANDOVER. MN 55304 PIN 333224410041 RUBEDOR KEVIN W & JENNIFER L S OR CURRENT RESIDENT 2435 136TH LN ANDOVER. MN 55304 PIN 333224410042 WOL YNIEC JULIANNE M OR CURRENT RESIDENT 2422 136TH LN ANDOVER. MN 55304 PIN 333224410043 WALKER TIMOTHY G & JENNIFER L OR CURRENT RESIDENT 2436 136TH LN ANDOVER. MN 55304 PIN 343224320001 BEVER LESLIE D & NANCY C OR CURRENT RESIDENT 2380 BUNKER LAKE BLVD ANDOVER. MN 55304 PIN 333224410070 KLUS WAGNER ANDOVER PARTNERS 5100 EDEN AVE STE 112 MINNEAPOLIS MN 55436 PIN 343224320009 RENNER ARENT PROPERTIES OR CURRENT RESIDENT 2387 COMMERCIAL BLVD ANDOVER. MN 55304 PIN 333224410037 ROYAL STEVEN W & KELLY E OR CURRENT RESIDENT 13671 XAVIS ST ANDOVER. MN 55304 PIN 333224410040 BULOW WILLIAM K & LESLIE L OR CURRENT RESIDENT 2449 136TH LN ANDOVER. MN 55304 PIN 343224320014 G & R ELEVATOR MFG INC OR CURRENT RESIDENT 2352 COMMERCIAL BLVD ANDOVER. MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4.1998 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. ASUP 98-18 Temporary Classrooms 16045 Nightingale Street NW Family of Christ Church John Hinzman, City Planner lq, Request The City Council is asked to approve the Amended Special Use Permit request of Family of Christ Church to erect two, 12 x 60' temporary classroom trailers on property located at 16045 Nightingale Street NW, (pIN 15-32-24-42-0006) legally described on the attached resolution, / Plannin!! and Zonin!! Commission Action The Planning and Zoning Commission voted 5-0 (2 absent) to recommend approval of the request at the October 13, 1998 meeting. Please consult the attached staff report and minutes for more information. Attachments . Resolution for Approval . Planning and Zoning Commission Minutes - October 13, 1998 . Planning and Zoning Commission Staff Report - October 13, 1998 ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE ERECTION OF TEMPORARY CLASSROOMS PURSUANT TO ORDINANCE NO.8, SECTION 7.03 FOR FAMILY OF CHRIST CHURCH LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15-32-24-42-0006). WHEREAS, Family of Christ Church has requested an Amended Special Use Permit for the erection of two temporary classroom trailers pursuant to Ordinance No.8, Section 7.03 on property located at 16045 Nightingale Street NW (PIN 15-32-24-42- 0006), legally described as follows: J That part of the Northwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota lying southerly of the southerly right-of-way line of CSAH No. 20 and lying northwesterly of the following described line: Beginning at a point on the west line of said quarter quarter 663 feet south of the northwest comer thereof; thence east and parallel with the north line thereof 402 feet; thence northeasterly to a point on said southerly right-of-way line 300 feet westerly of east line of said quarter quarter and thence terminating; except road, subject to easements ofrecord. 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 obtain all necessary building permits. Page Two ASUP - Temp. Classrooms Family of Christ Church November 4, 1998 2) That the temporary classrooms remain on the site no longer than two years from the adoption of this resolution. 3) That the Amended Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 4) That the trailers be inspected by the Fire Chief to ensure compliance of all fire codes. Adopted by the City Council of the City of Andover on this 4th day of November, 1998. CITY OF ANDOVER \ -' lE. McKelvey, Mayor ATTEST: Victoria V olk, City Clerk " 'J Regular _.J.ndove.~ Plunning and Zoning Commission J/eeting Minutes - Goober lJ. 199<3 (Public Hear : Special Cse Permit - Bulk Srorage of Liquid Fuels - Riccar Heating & Air Conditioning. Co . ued) Commissioner Wells \\ias c cerned with the request because of the ability of the public to view the tank. This is a very busy area opposed to the Ace Solid Waste site. She also felt this may be setting a precedent of alloviing eac ne of the businesses to have a 2,000-gallon tank in the back of their buildings. She questioned the ne for such a large tank. Commissioner Apel noted this is a commercial area, and he didn't think it unreasonable for a heating and air conditioning businesses to want gasoline storage facilities on . r site. He didn't see a reason to deny the request. ."'lotion by Apel, Seconded by Jacobson, that the Planni and Zoning Commission forward to the City Council with the recommendativn for approval the Res tion approving a Special Use Permit for the bulk storage at the Riccar Heating and Air Conditioning - -ility. Remove Item No.2. Item No.5, add a s!ipulation that the safety bumpers be placed aro d the tank to prevent being accidental:y being hit by a car or truck. Add Item No.6, If the tank can viewed by the traveling pubEc along Bunker Lake Boulevard, that the fence be extended to shie 't from Bunker Lake " Boulevard. Motion carried on a 5- Yes, 2-Absent (Squires, Luedtke) vote. Thl iIl be placed on j the November 4 City Council agenda. 8:00 p.m. 7f PUBUC HEARI1VG: SPECIAL USE PERMIT - TEMPORARY CLASSROOMS - 16045 IVIGHTINGALE STREET NW - F AJllL Y OF CHRIST CHURCH &:00 p.m. Mr. Hinzman review'ed the request of the Family of Christ Church for an Amended SpeciallJse Permit to erect two, 12 x 60-foot temporary classroom trailers located on the southeast comer of the existing building at 16045 Nightingale Street. They are proposing to construct another building in the 1999 to 2000 time frame. and these temporary classrooms would serve their needs until that permanent addition is constructed. Staff is recommending approval with conditions. Commissioner Jacobson asked if the building code regarding restrooms and accesses must be foIlowed. Stan Jorgenson. Familv of Christ Church - stated they talked with the Building Inspector before ma..1dng application for the Amended Special Use Permit. Due to the type of use, which is basically ody on Sunday mornings for approximately three hours, the Building Otlicial stated they would not have to connect to restroom facilities. The trailers will not be connected to the main building. There will be a fire extinguisher inside each classroom, but no fire sprinkler system. There wiIl be two entrances to each trailer. ) Acting Chairperson Peek asked the origin of the two-year time limit. Mi. Hinzman stated a similar . permit was granted in 1990 to Constance Free Church. They had a three-year time frame. In talking with \1r. Jorgenson, they negotiated a time of two years. Commissioner Jacobson recalled the original permit for Constance Free Church was for two years, and they Came in for a one-year extension. Acting Chairperson Peek opened the hearing for public input. '\ Regular Andover Planning and Zoning Commission ;Heeting .\Iinllfes - Octooer 1 J. 1998 Page 5 / (Public Hearing: Spechll Ust! Permit - Temporary Classrooms - 160~5 Nightingale - Family of Christ Church. Continued) Stan Jorgenson. 12-l8 1-l8th Lane - has been a member of the Family of Christ Church for the past nine years. Witn the City of Andover growing, their Church is also growing enormously. With that grow1h is a large influx of children. The temporary classroom trailers are a quick fix to gain classroom space until their permanent addition can be built. They have over 350 children with over 200 of them in classes on Sunday mornings. They are growing bet\...een eight and ten percent each year. Chris Sob~ - lives on the property across from the Church on the corner of 1 59th and Lynette. Her house would face the trailers. There is a drainage culvert going through her property with the druir-age from the Church going toward her property. She was wondering how the proposal and the runoffwou!d atTect the drainage. She also asked \',hat the buildings would look Ii.'<.e. l'v'lr. Hinzman showed a picture of the proposed classrooms. He was not sure of the specific drainage of the site, bu! noted that will be taken into account when placing the trailers. Also. another public hearing will b.;: held when the permanent addition is proposed. . ; Motioll by Jacobson. Secocded by Wells, to close the public hearing. Motion carried on a 5- Yes, 2-Absent (Squires. Llledtk~) vote 8: 12 p.m. The Commission noted that the request does not include any digging. The trailers would just be brought in and set up on the site on a temporary basis for up to two years. Commissioner Wells felt the proposal is acceptable, but it would be different if the use extended beyond a couple hours on Sunday mornings. Motion by Apel, Seconded by Gamache, that the Planning and Zoning Commission forward to the City Council the Resolution approving an Amended Special Use Permit for the erection of temporary classrooms at the Family of Christ Church as presented. Item 1, add "...all necessary building permits." Add Item -l, that the trailers be inspected by the Fire Department to be in compliance with the fire codes to be sure they are safe. DISCUSSION: Acting Chairperson Peek asked if the maker would be willing to add item 5 limiting the use to Sundays. Commissioner Apel stated no, that 'Nould be too restrictive. If there is a need to use the classrooms on a Wednesday night, he wouldn't argue with it. Commissioner Wells felt the Minnesota code may be skirted, as it costs the school district $100,000 to install temporary structures for one year. Commissioner Jacobson felt Item 1 in the Resolution takes care of the concerns. All necessary building permits a."1d codes must be rcceived and followed. Mr. Jorgenson recognized the codes for typical classrooms, but these \'iiIl hav~ only limited use. The Building Official didn't see a problem going without restrooms, and \ there is diiect access to the existing church to use the restroom facilities. Motion carried on a 5- J Yes, 2-Absent (Squires, Luedtke) vote. This will be on the November 4 City Council agenda. 8:18 p.m. '\ , I CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: October 13. 1998 ITEM NO. 6 ORIGINATING DEPARTMENT ASUP 98-18, Temporary Classrooms 16045 Nightingale Street NW Family of Christ Church Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to approve the Amended Special Use Permit request of Family of Christ Church to erect two, 12 x 60' temporary classroom trailers on property located at 16045 Nightingale Street NW, (PIN 15-32-24-42-0006) legally described on the attached resolution. . .I The property is zoned R-1, Single Family Rural. Apolicable Ordinances 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 effect on 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. Ordinance No.8, Section 7.03 uses designates churches as a special use in the R-1, Single' Family Rural zoning district. J . / Page Two SUP 98-18, Family of Christ 16045 Nightingale St. NW October 13,1998 Adiacent Zonin2 and Land Use Adjacent zoning and land use within 350' of the site include the following: North - East South - West - R-1, Single Family Rural; unplatted residence R-1, Single Family Rural; NIGHTINGALE RIDGE R-1, Single Family Rural; NIGHTINGALE RIDGE R-3, Single Family Suburban; unplatted residences General Review The two 12' x 60' temporary classroom trailers would be placed near the southeast comer of the building, over 400 feet from the nearest residence. Each trailer would have an occupancy of 40-60 people. Family of Christ Church is planning to construct a permanent addition between 1999-2000. Similar permits have been granted in the past including temporary classrooms for Constance Free Church in 1990. Commission Options 1. The Planning and Zoning Commission may recommend to the City Council approval of the Amended Special Use Permit request of Family of Christ Church on property located at 16045 Nightingale Street 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 Family of Christ Church on property located at 16045 Nightingale Street NW legally described on the attached resolution. The Commission fmds the request does not meet the requirements of Ordinance No.8. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. Staff Recom mcndation Staffrecommcnds approval with the following conditions: / 1) That the applicant obtain all necessary building permits. Page Three / SUP 98-18, Family of Christ 16045 Nightingale St. NW October 13,1998 2) That the temporary classrooms remain on the site no longer than two years from the adoption of this resolution. 3) That the Amended Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). ~) & I'fl) (Jeckt{ bz hie chf2/ -W (JJrYlpI14M--- Attachments . Resolution . Location Map . Site Plan . Amended Special Use Permit Application . Notice of Public Hearing " " , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE ERECTION OF TEMPORARY CLASSROOMS PURSUANT TO ORDINANCE NO.8, SECTION 7.03 FOR FAMILY OF CHRIST CHURCH LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15-32-24-42-0006). WHEREAS, Family of Christ Church has requested an Amended Special Use Permit for the erection of two temporary classroom trailers pursuant to Ordinance No.8, Section 7.03 on property located at 16045 Nightingale Street NW (PIN 15-32-24-42- 0006), legally described as follows: j That part of the Northwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota lying southerly of the southerly right-of-way line ofCSAH No. 20 and lying northwesterly of the following described line: Beginning at a point on the west line of said quarter quarter 663 feet south of the northwest corner thereof; thence east and parallel with the north line thereof 402 feet; thence northeasterly to a point on said southerly right-of-way line 300 feet westerly of east line of said quarter quarter and thence terminating; 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 fmds 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 obtain all necessary building. Page Two ,/ ASUP - Temp. Classrooms Family of Christ Church October 13, 1998 2) That the temporary classrooms remain on the site no longer than two years from the adoption of this resolution. 3) That the Amended Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). Adopted by the City Council of the City of Andover on thi~ay of November, 1998. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor , , / Victoria V olk, City Clerk "\ / ;~ City of Andover 16045 NIGHTINGALE STREET NW FAMILY CHURCH OF CHRIST l " , / I- en z z :J o 159TH LN LEGEND \A./ Street Center Lines / . ; Water.shp _ Pa'k.shp Parcels BLot I Parcel Boundaries Right-at-Way . Water Features 2DZ7 or .G -' * ~2 159TH LN // -- / 2D32 or 1947 161ST AVE 0 > ...J lD W ~ . :5 0 Z :J 0 a:: or 1$936 or 19" -=--,"'::"'" ~:;:--- I LOCATION~r-"1['~;' -;c ':' ~~-;~. ,~-;+~~ .~-- ~.;;:> '{:. .t~. il~;;; ~~~ N fA. 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L_ -f8 o ~ N .- - Q) "0 o ::E (j) I ~ "uP qg - /8 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT Property Address 10[4S N I b4-IT i NbA\...E .$T N)'/ Legal Description of property: (Fill in whichever is appropriate): Lot Block ='- Addition PIN I S---P~/-4.rOOOh (If metes and bounds, attach the c~mplete legal descr1i?tion.) ~IS the property: Abstract \I or Torrens ? (This information must be provide~ can be obtained from the County. ) ----------------------------------------------------------------- Reason for Request .Cj)iC. 1tf/,5TIlLL 1fT/Of.) o,crEmPoE,41C t bPfiC~ 10 SC 0060 {'oR SUI1J{)/) r rJL./+-SS Room <;;;C-I-/ C{) L .I Section of Ordinance Current Zoning ----------------------------------------------------------------- Name of Applicant Address 1'2.L! e srArJ!-EY l.:ie -+1-.. I...tJ. ~0F tJ.::nrU Ai\JDo /lE.e Business phone (7;4 -:3 ~ 71 Date q -;).4 ~q 8 (h I\.)~ . Signature Home Phone "*,property Owner (Fee Owner) 'FAm\LY o~ C41.eJS/ c.-tluec+\ (If different from above) Address l{.!JcA-S N!&'"HT I ~ ~AlE ~ N I W Home Phone .~L'34- - 7'331 Business Phone 434 - -1331 Signature Date q.- 24 - g~ ----------------------------------------------------------------- " CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING I / 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 October 13,.1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the amended special use permit request of Family of Christ Church to place temporary classrooms at 16045 Nightingale Street NW (pIN 1-32-24-42-0006), legally described as follows: That part of the Northwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota lying southerly of the southerly right-of-way line ofCSAH No. 20 and lying northwesterly of the following described line: Beginning at a point on the west line of said quarter quarter 663 feet south of the northwest comer thereof; thence east and parallel with the north line thereof 402 feet; thence northeasterly to a point on said southerly right-of-way line 300 feet westerly of east line of said quarter quarter and thence terminating; 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. 1iL;~ ILIP Victoria Volk, City Clerk Publication dates: October 2, 1998 October 9, 1998 -' PIN 153224130001 PIN 153224310004 PIN 153224310003 LEUTY PETER A & ROMA L PETERSON RAYMOND L & M E JENSEN MICHAEL E OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT I' '161ST AVE 2036 161ST AVE 2012 161ST AVE At'....bVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 PIN 153224420006 PIN 153224420012 PIN 153224420013 FAMILY OF CHRIST CHURCH CHRISTIAN BUll.-DERS INC HANSON LANCE R & JENNIFER K M OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 16045 NIGHTINGALE ST 1915 159m LN 15943 LINNET ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 PIN 153224310002 PIN 153224310008 PIN 153224310010 JENSEN MICHAEL E RAGAN GEORGE R & ELAINE R HANSCOME WILLIAM D & D S OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 16042 NIGHTINGALE ST 16042 NIGHTINGALE ST 2031 159m LN ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 PIN 153224420009 PIN 153224420010 PIN 153224310028 MUELLER DANIEL D & PAULA A HOBERG KRISTINA M T ANOKA COUNTY HWY OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 1966 159m LN 15936 LINNET ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 PIN 153224240013 PIN 153224420012 PIN 153224310002 BOSEN GERALD W CHRISTIAN BUILDERS INC JENSEN MICHAEL E OR CURRENT RESIDENT 21000 ROGERS DR 2012-161ST AVE NW 2027 161ST AVE ROGERS MN 55374 ANDOVER MN 55304 N-'')VER, MN 55304 , " PIN 153224130001 PIN 153224310004 PIN 153224310003 LEUTY PE1ER A & ROMA L PETERSON RAYMOND L & M E JENSEN MICHAEL E PO BOX 874 2036 161ST AVE N W 2012 161ST AVENUE NW ANDOVER MN 55304 ANDOVER MN 55304 ANOKA MN 55304 PIN 153224420010 PIN 153224310028 PIN 153224240013 HOBERG KRISTINA M T ANOKA COUNTY HWY GMAC-IA 13650 MARIGOLD ST NW 2100 3RD AVENUE PO BOX 780 ANDOVER MN 55303 ANOKA MN 55303 WATERLOO IA 50704 , I \ J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1998 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Comp Plan Amend 98-04 I, Industry to C, Commercial Andover Station City of Andover John Hinzman, City Planner aD. Request The City Council is asked to review an amendment to the Comprehensive Land Use Plan from I, Industry to C, Commercial at Andover Station generally located south of Bunker Lake Blvd., between Thrush Street and Jay Street in Section 34, legally described in the J attached resolution. The City of Andover has acquired the subject property and plans to redevelop it as a multiple use commercial park. The land is currently zoned I, Industrial. An application to rezone said property to GB, General Business has been submitted in conjunction with the amendment. Plan nine: and Zonine: Commission Action The Planning and Zoning Commission voted 5-0 (2 absent) to recommend approval of the request at the October 13, 1998 meeting. Please consult the attached staff report and minutes for more information. Attachments · Resolution for Approval · Planning and Zoning Commission Minutes - October 13, 1998 · Planning and Zoning Commission Staff Report - October 13, 1998 " / 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 I, INDUSTRY TO C, COMMERCIAL FOR ANDOVER STATION LOCATED IN THE SOUTH HALF OF SECTION 34 BY THE CITY OF ANDOVER. WHEREAS, The City of Andover has petitioned for an amendment to the Andover Comprehensive Land Use Plan to change the land use district designation from I, Industry to C, Commercial at Andover Station generally located south of Bunker Lake Blvd., between Thrush Street and Jay Street, legally described as follows: The following land located in the Section 34, Township 32, Range 24, Anoka County, Minnesota: The Northwest Quarter of the Southeast Quarter, together with the Northeast Quarter of the Southwest Quarter, together with the Northeast Quarter of the Northwest Quarter of the Southwest Quarter. J 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 condition: 1. Approval by Metropolitan Council. Adopted by the City Council of the City of Andover on this 4th day of November, 1998. CITY OF ANDOVER ATIEST: J.E. McKelvey, Mayor , I / Victoria V olk, City Clerk / Regular ..J.ndon:r Planning uncl Zoning Commission ;"leeting J/inl/tes - October 13. 1998 Page 6 ~ PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT - CHANGE LAND USE DISTRICT DESIGNATION FROM INDUSTRIAL TO COMMERCIAL ON 90 A CRES SOUTH OF BUNKER LAKE BOULEVARD NW IN SECTION 34 - CITY OF ANDOVER 8:18 p.m. Mr. Hinzman reviewed the request to amend the Comprehensive Land Use Plan from I, Industrial, to C. Commercial on the 90 acres generally located south of Bunker Lake Boulevard between Thrush Street and Jay Street. The City of Andover has acquired the property and plans to redevelop it as a multiple use commercial park. He noted the adjacent land uses and outlined the proposed uses for the site. Staff is recommending approval. Cor.unissioner Gamache asked how this affects the theater building that is being constructed. Mr. Hinzman stated since they haven't been given the Certificate of Occupancy, there is still time to do this change and the rezoning. Staff and the City Council have always looked at this area as General Business. Acting Chairperson Peek opened the hearing for public tes.imony. 8:24 p.m. I Kathv Quarher~ 13521 Jav Street - wondered what will be going into the office warehouse area. That is located right behind their house. Mr. Hinzman didn't have anv designated businesses for that - . - area but explained the concept of a complex of buildings with a truck port in the center and behind the buildings. Truck trat1ic would come down Commercial Boulevard. Warehousing is more for (he storage needed fer the businesses on site. Ms. Ouarberg - asked if there will be stop signs at the intersection of Jay Street and Commercial Boulevard. She also asked about the speed limit on Commercial Boulevard, as people use it for a speed way now. Mr. Hinzman stated no stop signs are proposed for Commercial Boulevard at this time. Signalization is proposed for Jay Street and Bunker Lake Boulevard and at Bunker Lake Boulevard and Quinn in the future. The speed limit on Commercial Boulevard will not change. Motion by Jacobson, Seconded by Gamache, to close the public hearing. Motion carried on a 5- Yes. 2-Absent (Squires, Luedtke) vote 8:26 p.m. Motioll by Jacobson. Seconded by Ape I. the Resolution. Motion carried on a 5- Yes, 2-Absent (Squires. Luedtke) vote. This will be on the November 4 City Council agenda. 8:25 p.m. PUBLIC HEARING: REZONING - REZONE PROPERTY FROM GENERAL BW;INESS - SECTION 34 - CITY OF ANDO 8:25 p.m. Mr. Hinzman explained the propose zoning is submitted in conjunction with the '. Comprehensive Plan Amendment to the C, ercial land use designation. Acting Chairperson / Peek opened the hearing for public t 'mony. There was none. Jfotion by Apel, Second y Wells, to close the public hearing. Motion carried on a 5- Yes, 2- Absent (Squires, Lu e) vote. 8:27 p.m. I CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: October 13. 1998 ITEM NO. 7 ORIGINATING DEPARTMENT Public Hearine:: Comprehensive Plan Amendment Land Use Change I to C Section 34 City of Andover Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to review an amendment to the Comprehensive Land Use Plan from I, Industry to C, Commercial on 90 acres generally located south of Bunker Lake Blvd., between Thrush Street and Jay Street in Section 34, legaIly described in the attached resolution. The City of Andover has acquired the subject property and plans to redevelop it as a multiple use commercial park. .I The land is currently zoned I, Industrial. An application to rezone said property to GB, General Business has been submitted in conjunction with the amendment. ADDlicable Ordinances Minnesota State Statute Chapter 473.858 states, "If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan... after August I, 1995, a local governmental unit shaIl not adopt any fiscal device or official control which is in conflict with its comprehensive plan." If the Comprehensive Plan is amended, the applicant wiIl need to rezone the land to an applicable zoning district by December 31, 1998. Adiacent Land Use Adjacent land use within 350 feet of the site includes the following: North East - RU, Residential Urban Single Family; RED OAKS MANOR 5TH AND 6TH ADDITIONS - C, Commercial; unplatted - Pov's, Anoka Auto Wrecking - I, Industry; PANKONIN ADD., Kottke Bus Company, vacant land .I Page Two CPA 98-04 I to C City of Andover South - RU, Residential Urban Single Family; ECHO WOODS, unplatted property, HIDDEN CREEK 5TH ADDITION. - C, Commercial; ANDOVER COMMERCIAL PARK West Andover Comprehensive Plan The Andover Comprehensive Plan, Chapter VI, Section E.l designates the area in the vicinity of Bunker Lake Blvd. and Hanson Blvd. as a node for the clustering of major commercial activity. Neighborhood, limited and general businesses shall be blended into an integrated campus type complex. Targeted businesses for this node include communications oriented businesses, medical facilities, professional offices, and service oriented businesses. General Review The land use change is requested to coincide with the proposed uses of the Commercial Park area, including entertainment, retail, office, and office warehouse uses. The proposed uses are in conformance with those stipulated in the Comprehensive Plan. Commission Options 1. The Andover Planning and Zoning Commission may recommend to the City Council approval of an amendment to the Comprehensive Plan to change the land use district designation from I, Industry to C, Commercial on approximately 90 acres generally located south of Bunker Lake Blvd., between Thrush Street and Jay Street 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 I, Industry to C, Commercial on approximately 90 acres generally located south of Bunker Lake Blvd., between Thrush Street and Jay Street legally described on the attached resolution. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Section 5.03(B). 3. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. l Page Three CPA 98-04 I to C City of Andover Recommendation Staff recommends approval of the Comprehensive Plan Amendment, subject to Metropolitan Council review. Attachments · Resolution for Approval · Location Map · Application · Notice of Public Hearing CITY OF ANDOVER COUNTYOFANOKA 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 I, INDUSTRY TO C, COMMERCIAL ON 90 ACRES LOCATED IN THE SOUTH HALF OF SECTION 34 BY THE CITY OF ANDOVER. WHEREAS, The City of Andover has petitioned for an amendment to the Andover Comprehensive Land Use Plan to change the land use district designation from I, Industry to C, Commercial on approximately 90 acres generally located south of Bunker Lake Blvd., between Thrush Street and Jay Street, legally described as follows: The following land located in the Section 34, Township 32, Range 24, Anoka County, Minnesota: The Northwest Quarter of the Southeast Quarter, together with the Northeast Quarter of the Southwest Quarter, together with the Northeast Quarter of the Northwest Quarter of the Southwest Quarter. 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 condition: I. Approval by Metropolitan Council. Adopted by the City Council of the City of Andover on this 3rd day of November, 1998. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk I .:...0 CD \z 1~ J5 j 1 ~ , ............ - - - - ---j ~ City of PROPOSED ANDOVER 1(' Andover COMMERCIAL PARK ~kJ~/lr~~j~~;~$2~>' , N-i~ 1'IT40~i'\vTOZ; i~~..--Ll~ 1 -D~ ~/'\ ~~~Iff-i;.l&.I..I~ ! I I .~ I, tn II / I' Tl(!) !~ \ -1"PJ. LN - -c~ I \ I . r-- 138 V ~ I~ I ~~ ~ ll=~ \ffi~ ~ ..!.... 1..-.. '1" ~ ~-r.,1 V /' .-ur~~'H.A:~~ 1...I...rA -- ~UN~K V V ;~;"" ~ ~ / /111/ VS ,,~BUNKER ~ ~:I~ L 7 //////;T ~ V/ / y""" --/ V / / / / / / L ~ /01lilill BLnD / / / / ~,...,. <...I-...I-:b1l.1 j / ()--J:I!: I~.J.../ r-- I~':>'~ 12 Fr !/w'1 ~",t:; .f- m. -"; 11,= . l/~ ~ .,.~;mr .~W...t.-i...tLl'1I/~r"'" = ~ '<- J;'....... I ~~I~ I L.l. 1 I i I '~-I- T 1. :=_ f-{e 1U I~' rllI t;= - - ~ ' '--I~ D~ i~ f---. 1< '---1 ' :L rt::l~ -H~ I~- -, ~ V r-( l. / ~ j _1'lt::NF-t/P R 'W ~ f- f-- I~r-V[\ f-- r- .:-;'-11; ,'2.. . r- I-- '-- I-- ul" ------.. /-1 ~. ~ . .,r; '" '" ,.&; i <I ~ -, - - - - <( CI) o LEGEND _ ;;.,~~ ~ .j.i,w-----, .~",D-~,~~ I '-- _j q~ -: . _t~.___~-,! .~- ~ '.:i:-'- ee--. i ,,-, ~-='>'.,J- ""'I ~~~'-'~ ~~~-~~ I LOCATION. ~;.?~."- ',~''''' ~ "~-~; -- ;,. :a,'-' -- , ,. ~...,; N fA. Sources: Andover Engineering Andover GIS Anoka County GIS 'v Street Center lines ./ Water.shp _ Park.shp Parcels BLot I Parcel Boundaries R.ght-oI-Way Water Features I inch - 690 reet RF - 1: 8.283 Map Date: October 13, 1998 " , j 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 ofthe City of Andover will hold two public hearings at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday October 13, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the following applications by the City of Andover on 90 acres offormer salvage yards generally located south of Bunker Lake Boulevard between TImish Street and Jay Street in the South Half of Section 34, Township 32, Range 24, Anoka County, Minnesota: Amend the Comprehensive Plan Land Use Map from I, Industry to C, Commercial Rezone from I, Industrial to GB, General Business 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. / I~ fliP Victoria V olk, City Clerk Publication dates: October 2, 1998 October 9, 1998 , / eN 3~322n~0061 IFFENBURG JENNY R CURRENT RESIDENT J" "35TH LN .Nu0VER. MN 5530~ iN 3~322~3~0057 URRENT RESIDENT l05 13~TH LN :-moVER, MN 55304 'N 3~322~~~0032 ELLER JOHN G & DIANNE M R CURRENT RESIDENT ;~96 IBIS ST NDOVER, MN 55304 N 3~322~3~0058 ASTWOLD scar R & NORMA E R CURRENT RESIDENT 131 134TH LN :-moVER, MN 55304 N 3~322~330105 rMLEY DAVID A & WENDY M R CURRENT RESIDENT cl~ 135THLN .\1 'VER, MN 55304 '. / N 3~322~340083 ::ECKEN BRIAN P & KIMBERLY S R CURRENT RESIDENT .80 135TH LN .'IDOVER, MN 55304 N 3~3224430032 ER DEBORAH J & KARNEY A A 't CURRENT RESIDENT '81134THLN :-moVER, MN 55304 N 3~32244~0026 ~SCH KENNETH D & SUSAN E l CURRENT RESIDENT ~73 JAY ST 'IDOVER, MN 55304 N 343224340079 MMER JAMES M & CAlHERINE M t CURRENT RESIDENT 26 135TH LN IDOVER, MN 55304 , , .., j2243~0075 JZELL MICHAEL W & KOVICH T J t CURRENT RESIDENT 56 135TH LN IDOVER, MN 55304 PIN 3~322~3~0060 GUTZKOW JODY K & JANKOWSKI R S OR CURRENT RESIDENT 2055 135TH LN ANDOVER, MN 5530~ PIN 3~322~~~0022 QUARBERG BRYANT & K A vn.S- OR CURRENT RESIDENT 13521 JAY ST ANDOVER, MN 55304 PIN 3~322~330102 WELF JEFFREY J & KELLEY A OR CURRENT RESIDENT 13538 SWALLOW ST ANDOVER, MN 55304 PIN 343224440024 GILMORE CHRISTOPHER G OR CURRENT RESIDENT 13497 JAY ST ANDOVER, MN 55304 PIN 3~3224440030 MACDONALD G D & RANNOW L J OR CURRENT RESIDENT 13480 IBIS ST ANDOVER, MN 55304 PIN 3~322~440025 GRAHAM COLLElTE F OR CURRENT RESIDENT 13485 JAY ST ANDOVER, MN 55304 PIN 3~3224340076 STROMBERG MICHAEL E & SHEILA M OR CURRENT RESIDENT 2082 135TH LN ANDOVER, MN 55304 PIN 3~3224330090 NOVINSKA TOD A & BARBARA P OR CURRENT RESIDENT 13523 SWALLOW ST ANDOVER, MN 55304 PIN 343224340078 CARTER DEREK S & BARBARA E OR CURRENT RESIDENT 2114 135TH LN ANDOVER, MN 55304 PIN 3~3224430011 KUKOWSKI DARRELL J & V L OR CURRENT RESIDENT 13478 JAY ST ANDOVER, MN 55304 PIN 3~322~3~0059 NELSON GORDON T & CYN1HIA M OR CURRENT RESIDENT 2045 135TH LN ANDOVER. MN 5530~ PIN 3~322~OO23 KREBS DEAN A & ANGELA K OR CURRENT RESIDENT 13509 JAY ST ANDOVER, MN 55304 PIN 3~322~440031 RADTKE RICKY D & CHRISTINE L OR CURRENT RESIDENT 13488 IBIS ST ANDOVER, MN 55304 PIN 343224330106 NORMAN MARC J & HEIDI M OR CURRENT RESIDENT 2200 135TH LN ANDOVER, MN 55304 PIN 3~322~330103 STEEVES DEAN C OR CURRENT RESIDENT 13532 SWALLOW ST ANDOVER, MN 55304 PIN 3~322~340082 SNELL KENNETH P OR CURRENT RESIDENT 2162 135TH LN ANDOVER, MN 55304 PIN 3~3224340081 BYRNE MARTE J & MICHELLE K OR CURRENT RESIDENT 2150 135TH LN ANDOVER, MN 55304 PIN 3~3224340080 KOTISICK GREG D & ANITA R OR CURRENT RESIDENT 2138135THLN ANDOVER, MN 55304 PIN 3~3224340077 ALLAN BRUCE P & BECKY S OR CURRENT RESIDENT 2102 135TH LN ANDOVER, MN 55304 PIN 343224430023 ZELLMAN BRADLEY S & KYMBERL Y S OR CURRENT RESIDENT 1963 134TH LN ANDOVER M1'{ .55304 ~ 3~322~2300~8 PIN 3~322~2300~7 PIN3~322~230053 \GNE C D & STANLEY S L DUFOUR MICHAEL D & TONIA A { CURRENT RESIDENT OR CURRENT RESIDENT US WEST INC CORP TAX DEPT '~ITH LN 228~ 13ITH LN 6300 S SYRACUSE WAY SUITE 700 N I ENGLEWOOD CO 80111 "WVER MN 5530~ ANDOVER MN 55304 ~ 3~322~3200 10 PIN 3~32244looo2 PIN 3~322~~IOOO2 )NfERRE DOROTIiY R IMRE JOHN P & SHEILA M IMRE JOHN P & SHEILA M {CURRENT RESIDENT %PRATEREDWARDJ OR CURRENT RESIDENT 56 BUNKER LAKE BLVD 1786 BUNKER LAKE BLVD 172~ BUNKER LAKE BLVD moVER, MN 5530~ ANDOVER, MN 55304 ANDOVER, MN 55304 \f 3432243200 II PIN 3~322~320012 PIN 3~322441001O ESKE JUDY & PFEIFFER LAURI HUGHES JAMES A & SANDRA E KOTIKES BUS SERVICE INC { CURRENT RESIDENT 12083 ROBIN RD OR CURRENT RESIDENT S5~ THRUSH ST MAPLE GROVE MN 55369 13625 HANSON BLVD moVER, MN 55304 ANDOVER, MN 55304 \l 3432243200 12 PIN 343224320014 PIN 343224320015 JGHES JAMES A & SANDRA E G & R ELEVATOR MFG INC MULCAHY GARY T { CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 21 COMMERCIAL BLVD 2352 COMMERCIAL BLVD 13586 THRUSH ST moVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 \f 3~32243200 18 PIN 343224320019 PIN 343224320019 TK RAYMOND C & CYNTIilA K GERADS KEITII C & TRACY L GERADS KEITII C & TRACY L { CURRENT RESIDENT 11835 DAVENPORT STNE OR CURRENT RESIDENT 585 THRUSH ST BLAINE, MN 55449 13567 THRUSH ST -IT' . fER, MN 55304 ANDOVER, MN 55304 / 'l343224330101 PIN 343224330100 PIN 343224330107 ROWCROFf DANIEL S & KELLI A HALVORSON LINDA J DOWNEY THOMAS J & MAUREEN K " CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 27 135TH LN 2215 135TH LN 2203 135TH LN moVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 'l343224340071 PIN 3432243~0070 PIN 343224340069 ESTER ROBERT J SAY ARATH THONGKHOUN & SCHERT RAYMOND R : CURRENT RESIDENT PHAYSY OR CURRENT RESIDENT H 135TH LN OR CURRENT RESIDENT 2167 135TH LN moVER, MN 55304 2179135THLN ANDOVER, MN 55304 "llr.Tnr\lf"[;D 'kA'll..f <C-::tO.. .j' 343224340068 PIN 343224340067 PIN 343224340066 ASBY MARTIN J & TERESA L RlTI'EN MICHAEL J & LISA C SONNENBERG PHILLIP A & DEBRA L . CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 15 135TH LN 2133 135TH LN 2121135TH LN iDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 .j' 343224430001 PIN 343224340065 PIN 343224340064 RST KURT W & SUSAN D JORDAN JOHN ALLEN & MARY JO PLATTNER JAMES J & DENISE M - CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT ~40 JAY ST 2109 135TH LN 2097 135TH LN DOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 \ .j'" ~L24340063 PIN 343224340062 PIN 343224330083 RRENT RESIDENT NORBECK SHAWN D & LISA K WOLENS RANDI L ;5 135TH LN OR CURRENT RESIDENT OR CURRENT RESIDENT DOVER, MN 55304 2075 135TH LN 13526 SWALLOW ST ANDOVER, MN 55304 ANDOVER, MN 55304 ~ 3~322~130001 )VLITZKl RICI-IARD & MARLENE ~ rTTRRENT RESIDENT 5, )NKER LAKE BL YO 'IDOVER, MN 5530~ ~ 3~322~1~OOOI LLISON HAROLD r 3 BOX 1774 -\MBRIDGE, MN 55008 ~ 3~322~24oo55 VENSON TERRY LEE ~ CURRENT RESIDENT .93 137TH LN _'IDOVER, MN 55304 N 343224230004 TIERVOL JOHN & VIDERVOL D ~ CURRENT RESIDENT 766 SWALLOW ST .'IDOVER, MN 55304 ~ 3~322~230032 'CKOVER DENISE M ~ CURRENT RESIDENT 763 RAVEN ST .'f ''ER, MN 55304 , / ~ 343224240074 :: CAPITAL MTG SERV INC ) BOX 66815 -:- LOUIS MO 63166 ~ 3~322~240073 ~HEW PAlRICK M & DEBRA L l CURRENT RESIDENT 36 137TH LN 'IDOVER, MN 55304 ~ 343224240077 -IIELEN TERENCE L & MICHELLE l CURRENT RESIDENT 58 137TH LN 'IDOVER, MN 55304 N 343224240074 JRRENT RESIDENT 94137THAVE IDOVER, MN 55304 ~'-- .J224230051 ~SON THOMAS J -{ CURRENT RESIDENT 34 137TH LN IDOVER, MN 55304 PIN 3~322~23oo54 ANDOVER CITY OF 1685 CROSSTOWN BLVD ANDOVER. MN 55304 PIN 34322~2~0053 LEADER FEDEARL BANK FOR SA V %UP MORTGAGE PO BOX 1860 MEMPmS, TN 38101 PIN 343224240061 ANDERSON THOMAS J & SUSAN M OR CURRENT RESIDENT 13762 PARTRIDGE ST ANDOVER, MN 55304 PIN 343224230046 POTIS JOHN J & JENA R OR CURRENT RESIDENT 13764 RAVEN ST ANDOVER, MN 55304 PIN 343224240060 RAK JEFFREY & AXEN PAULA OR CURRENT RESIDENT 13755 QUINN ST ANDOVER, MN 55304 PIN 343224240069 DUERR BARB & DRABANT MARK OR CURRENT RESIDENT 13753 PARTRIDGE ST ANDOVER, MN 55304 PIN 343224240072 THOMPSON PERRY & THOMPSON G OR CURRENT RESIDENT 2122 137TH LN ANDOVER, MN 55304 PIN 343224240076 EVANSDARRELLF OR CURRENT RESIDENT 2170 137TH LN ANDOVER, MN 55304 PIN 343224230053 CURRENT RESIDENT 2206 137TH LN ANDOVER, MN 55304 PIN 343224230050 HABEN JAMES W & JULIE A OR CURRENT RESIDENT 2246 137TH LN ANDOVER, MN 55304 PIN 3~322.H~0001 JELLISON HAROLD OR CURRENT RESIDENT 1657 BUNKER LAKE BLVD ANDOVER, MN 5530~ PIN 3~32242~0054 NETERV AL RUSSELL E & LINDA OR CURRENT RESIDENT 2181137THLN ANDOVER, MN 55304 PIN 3~3224240053 LEADER FEDEARL BANK FOR SA V OR CURRENT RESIDENT 13754 QUINN ST ANDOVER, MN 55304 PIN 343224230033 KNUTSON RODGER D & KIMBERLY A OR CURRENT RESIDENT 13765 SWALLOW ST ANDOVER, MN 55304 PIN 343224240068 HAGEN RANDALL L & CINDY L OR CURRENT RESIDENT 13763 PARTRIDGE ST ANDOVER, MN 55304 PIN 343224240070 LUNDAlll. PAUL E & KAMILLE K OR CURRENT RESIDENT 2094 137TH LN ANDOVER, MN 55304 PIN 343224240071 MCBRIDE JOHN M & BARBARA G OR CURRENT RESIDENT 2108137THLN ANDOVER, MN 55304 PIN 343224240075 YOCUM WILLIAM G & KAY M OR CURRENT RESIDENT 2182 137TH LN ANDOVER, MN 55304 PIN 343224230052 JOHNSON DARIN K & AUDRA J OR CURRENT RESIDENT 2220 137TH LN ANDOVER, MN 55304 PIN 343224230049 JAMESMARYE OR CURRENT RESIDENT 2258 137TH LN ANDOVER, MN 55304 \I 343224430024 )()MIS JAMES E & ALLISON M t CT IRRENT RESIDENT 5 '~TII LN , / IDuVER, MN 55304 \I 343224430027 LANKETO WADE J & HEIDI A t CURRENT RESIDENT 15 134TII LN IDOVER, MN 55304 \I 343224430030 SLASON TROY A { CURRENT RESIDENT 79 134TII LN -moVER, MN 55304 , / \ , j PIN 343224430025 MISCHEL DANIEL R & KERRY ANN OR CURRENT RESIDENT 1939 134TII LN ANDOVER, MN 55304 PIN 343224430028 JENSON TODD W & NEWVILLE J L OR CURRENT RESIDENT 1903 134TII LN ANDOVER, MN 55304 PIN 343224430005 RADES VANCE E & LAURA K OR CURRENT RESIDENT 13465 Kll.LDEER ST ANDOVER, MN 55304 PIN 343224430026 FRASER JAMES A & TERRA A OR CURRENT RESIDENT 1927 134TII LN ANDOVER, MN 55304 PIN 343224430029 HARMON ERIC J & CARRIE M OR CURRENT RESIDENT 1891 134TII LN ANDOVER, MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1998 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. REZ 98-05 I, Industrial to GB, General Business Andover Station City of Andover John Hinzman, City Planner eX I. Request J The City Council is asked to approve the rezoning request of the City of Andover to rezone approximately 90 acres from I, Industrial to GB, General Business. The area is generalIy located south of Bunker Lake Blvd., between Thrush Street and Jay Street, and has been acquired by the City for a commercial park. The rezoning is submitted in conjunction with a Comprehensive Plan Amendment to C, Commercial. Plannin!!: and Zonin!!: Commission Action The Planning and Zoning Commission voted 5-0 (2 absent) to recommend approval of the request at the October 13, 1998 meeting. Please consult the attached staff report and minutes for more information. Attachments . Resolution for Approval . Planning and Zoning Commission Minutes - October 13, 1998 . Planning and Zoning Commission Staff Report - October 13, 1998 . / , / 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 90 acres from I, Industrial to GB, General Business, legally described as follows: The following land located in the Section 34, Township 32, Range 24, Anoka County, Minnesota: J The Northwest Quarter of the Southeast Quarter, together with the Northeast Quarter of the Southwest Quarter, together with the Northeast Quarter of the Northwest Quarter of the Southwest Quarter. NOTE: All other sections of the Zoning Ordinance ShaH remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council ofthe City of Andover on this 4th day of November, 1998. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria Volk, City Clerk / " ;' Regular Andover Plunning uncl Zoning Commission Jfeering J[i res - October 13. 1998 Page PUBLIC H RING: COMPREHENSIVE PlAY AJ1lENDMENT - CHANGE LAND USE DISTRICT DE GNA TION FROM L'VDUSTRlAL TO COMJ1ERClAL ON 90 ACRES SOUTH OF BliNKER LA BOULEVARD NW IN SECTION 34 - CITY OF ANDOVER 8:18 p.m. Mr. Hinzman eviewed the request to amend the Comprehensive Land Use Plan from I, Industrial. to C. Commer 'al on the 90 acres generally located south of Bunker Lake Boulevard between Thrush Street and J 'Street. The City of Andover has acquired the property and plans to redevelop it as a multiple use ommercial park. He noted the adjacent land uses and outlined the proposed uses for the site. S . recommending approval. Commissioner Ganlache asked how is affects the theater building that is being constructed. Mr. Hinzman stated since they haven't been iven the Certificate of Occupancy, there is still time to do this change and the rezoning. Staff and t City Council have always looked at this area as General Business. Acting Chairperson Peek open the hearing for public tes,imony. 8:24 p.m. Kathv Quarberg, 13521 Jav Street - wondere what will be going into the office warehouse area. That is located right behind thdr house. Yfr. Hi an didn't have any designated businesses for that area but explained the concept of a complex of bui ings with a truck port in the center and behind the buildings. Truck tranic would come down Com ercial Boulevard. Warehousing is more for d1e storage needed fer the businesses on site. Ms. Quarberg - asked if there will be stop signs at the inte ection of Jay Street and Commercial Boulevard. She also asked about the speed limit on Commer 'al Boulevard. as people use it for a speed \V:lY now. Mr. Hinzman stated no stop signs are propose or Commercial Boulevard at this time. Signalizatiun is proposed for Jay Street and Bunker Lake oulevard and at Bunker Lake Boulevard and Quinn in the future. The speed limit on Commercia Boulevard will not change. 5- Yes, 2-Absent :25 p.m. Motion by Jacobson, Seconded by Gamache, to close the public hearin_ Yes. 2-Absent (Squires, Luedtke) vote 8:26 p.m. Motion by Jacobson. Seconded by Apel, the Resolution. Motion carried on (Squires. Luedtke) vote. This will be on the November 4 City Council agenda. .\(/ PUBLIC HEARING: REZONING - REZONE PROPERTY FROM 1, lNDUSTRlAL TO GB, jr GENERAL Bl;:WNESS - SECTION 34 - CITY OF ANDOVER 8:25 p.m. Mr. Hinzman explained the proposed rezoning is submitted in conjunction with the J Comprehensive Plan Amendment to the C, Commercial land use designation. Acting Chairperson Peek opened the hearing for public testimony. There was none. ""lotion by Ape!, Seconded by Wells, to close the public hearing. Motion carried on a 5- Yes, 2- Absent (Squires, Luedtke) vote. 8:27 p.m. /' Regular ..J.ndove~ Planning und Zoning Commission Jfeeting '\;finllfe~ - October 13. 199,1 Puge ~ (Public Hearing: Rezoning -I to CB - Section 3-1 - City of Andover. Continued) Me. Hinzman noted the City can be more restrictive than the GB zoning allows. There will be a more restrictive covenant on the uses. landscaping, etc., in the Park. All busint'sses in the Park wi\1 be required to sign on to the covenants. Motion by Jacobson. Seconded by Ape!, the Resolution. Motion carried on a 5- Yes. 2-Absent (Squires, Luedtke) vote. This will be on the November 4, 1998, City Council agenda. 8:29 p.m. SKETCH PUN - HILLS OF BUNKER LAKE 6TH ADDITION - SECTION 35 _ III " J Mr. Hinzman reviewed the proposed sketch plan presented by Hills. Inc., of Hi of Bunker Lake 6th Addition lccated east of Hanson Boulevard bet\veen I39th Lane and 140 Lane in Section 35. The dev~lopment is proposed as a mixed use Planned Unit Develo ent of 15 single family residential dwellings and a commercial component of two office bui 'ngs. One restriction on the site is the close proximity to the WDE landfill site along Hanso oulevurd. No buildings can be cl)nstruct~d \,vithin 200 feet of the landtill. and there are ce ain institutional controls in place to control methane gas on buildings within the next 300 feet om the landfill. Staff is researching the impact of the newly installed gas eXlraction system a ,he site on those controls. Those controls ar"tect about 30 percent of the site. The area is com te!y wi!h the MuSA. Park was dedicutedas a part of the original Hills of Bmtker lake 3rd Ad tion. The proposal is to designate private streets within the development. similar to what w' done in Shadowbrook 3rd Addition. Another consideration is the possible extension oft future street all the way to 140th Lane to incorporate the vacaril lots into the subdivision. T re is a possibility a trail will be required along Hanson Boulevard at a 50-50 cost share betwe the City and the developer. Commissioner Jacobson felt the oposal negates the planning of the Comprehensive Plan which designated the area along Hans Boulevard as commercial. The lots are very small, appearing to be half the size of the regular ity lots. Also. he didn't see anything in the proposal that would meet the criteria for an increase i density. He had a concern with private streets, especially because the City will get the calls ift re are maintenance problems. The houses are very, very close together; there is hardly any roo for buffers. trees, etc. The future upgrade to Hanson Boulevard will also affect this plan, leavi g even less open space. If the area was developed commercial as proposed, the parking space-may also be able to be used for the park which abuts this property. Most of the trees on the site would be taken down. an1 the butTer would be lost. As proposed, he felt this is in contlict \\ith the Comprehensive Plan. Commissioner Jacobson felt they are reacting to offers again and not planning for things in advance. There is a plan in place. If it was a good one, it should be , kept. A rezoning for a PUD with half-sized lots should have some advantages to the City. He didn't ,I see any here. Commissioner Apel had the same objections. This area was designed for a specific purpose quite a while ago. It has been discussed in the new Comprehensive Plan. From the City's standpoint, he CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: October 13. 1998 ITEM NO. 8 ORIGINATING DEPARTMENT Public Hearin!!: REZ 98-05 Rezone from I to GB Section 34 City of Andover Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to approve the rezoning request of the City of Andover to rezone approximately 90 acres from I, Industrial to GB, General Business. The area is generalIy located south of Bunker Lake Blvd., between Thrush Street and Jay Street, and has been acquired by the City for a commercial park. , , The rezoning is submitted in conjunction with a Comprehensive Plan Amendment to C, Commercial. Applicable Ordinances Ordinance 8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). Ordinance No.8, Section 5.03(B) establishes the criteria for granting a special use permit. These same criteria have been utilized by the City in considering rezoning applications in the past. The criteria include the folIowing: Effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land. I::: -Pecf-o /\ 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 - I to GB Section 34 October 13, 1998 Ordinance 8, Section 6.02 establishes the minimum length, width and size for property in the GB, General Business district. They are as follows: Lot Width at Front Setback Lot Depth Minimum District Area - 100 feet - 150 feet - 20,000 s.f. Adiacent Zonin2: and Land Use Adjacent zoning and land use within 350 feet includes the following: West - R-4, Single Family Urban; RED OAKS MANOR 5TH & 6TH ADDITIONS - GB, General Business; unplatted - Pov's, Anoka Auto Wrecking - I, Industrial; PANKONIN ADDITION, Kottke's Bus Company - R-4, Single Family Urban; ECHO WOODS, unplatted, HIDDEN CREEK 5TH ADD. - GB, General Business; ANDOVER COMMERCIAL PARK North East South , " General Review The rezoning coincides with the proposed uses of the Commercial Park area, including entertainment, retail, office, and office warehouse uses. The proposed uses are in conformance with those stipulated in the Comprehensive Plan. Commission Ootions 1. The Andover Planning and Zoning Commission may recommend to the City Council approval of the rezoning request of the City of Andover to rezone approximately 90 acres from I, Industrial to GB, General Business generally located south of Bunker Lake Blvd., between Thrush Street and Jay Street, 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 City of Andover to rezone approximately 90 acres from I, Industrial to GB, General Business generally located south of Bunker Lake Blvd., between Thrush Street and Jay Street, legally described on the attached amendment to Ordinance No.8, Section 6.03. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Section 5.03(B). .I 3. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. \ ) / '. , / Page Three Rezoning - I to GB Section 34 October 13, 1998 Recommendation Staff recommends approval of the request pending approval ofa Comprehensive Plan Amendment change to C, Commercial for the proposed site. Attachments . Ordinance Amendment . Location Map . GB uses . Application . Notice of Public Hearing " I / / j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows, subject to conformance with the Comprehensive Plan: Rezone approximately 90 acres from I, Industrial to GB, General Business, legally described as follows: The following land located in the Section 34, Township 32, Range 24, Anoka County, Minnesota: The Northwest Quarter of the Southeast Quarter, together with the Northeast Quarter of the Southwest Quarter, together with the Northeast Quarter of the Northwest Quarter of the Southwest Quarter. 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 3rd day of November, 1998. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk 1- ,@ City of II Andover ,I--"""""ur " ' ''-',/ ~m(~\ J-./ v '-..J. cl: N~ ,./ I "\ ,I L--ti 1 ".~ _ ' ---f----ii:i,~, " , ' rr-:---1 (/) , , ~~ I"""t:!i ~ J,J" - I . M,~ '- r--. I ~'I I if- J r-- 1 ---.1..---'=> -- lOCI It ~ I I :"71' I 1 ~~;1 ... I I / ! -J I ! i / ! i,~ ~I--<~~~ ~ - ~ P~^r-If i I n[ I \ ~ .:; t: \ -I ; '1 tt LN - r-'cl I i-!--l-- - 1,jl;jlt It: \ ~ _~ H' I I I '" \\ =j~ :r-i---~"v~:;n ~ _I:> ~~ J I ~~~~ '~r:1" ,..... jji7,.jW-., 63 ~ J ~ "- 'A. "~.A"A'>1t \.AAA ,.. T.~"f" \ rr,';..rt a:-- ~ ~ ~ "" ~ PROPOSED ANDOVER COMMERCIAL PARK ,tL vr; ~ \o~ hul'''- I~ lo{ OC1 i () 1':l"T~ I j~ 1 >' 1 ~- I-- f---, jJ ~lr r-- UlI I-- I-- f-- '-- ~~/0~V jj;J/ ~ ~ : ~ :(/ //v/ ~ T )/.~ / //,,---/'-./ / / / / // .-/ /u _L----.. / ~LVD/ / / -< AI..! ..t...t;t1l~ ,/ j / \ \,r;;- ~ ~~ 121 Ff I!.JJ~ ~ ,.ec; ~ .... !"":Ll ~\:ml ~ I I - r--."ln >-... '---I " r- . · V r-- tJz :- ---, Z 1 \ .!:!..k.N J;:J--i 1--1---"0 R '-' >-t:J IS... - I-- I' . ceil ' '~'Z. - I-- -I- L ~ -.. '-'-- '-., <( (/) o B K R I '~ I~ ~J:l ~~~ ~ I"""'] h ~ '-;: t=t If:= f= __, ", r- 1 l I~ c- ''Xl I-t--/ I ~ 17\/ 'I-- r\~ c- I .-, ~1 \ V Street Center Lines ./ Water.shp _ Park.shp P1Ircels BLot I Parcel Boundaries Right-at-Way Water Features ! LOCATION -",;~~~"'L-; - ~'~-7"~ : ~ ,_, r~~~~.~ i {-~ ~':=:::,I'-'. ~I ,,;7"....J -.;~~;J,..; ==: ~-~.' "c;i-~~ ~.~ , ,~ ~T~Q~ ~ N fA. Sources: Andover Engineering Andover GIS Anoka County GIS LEGEND 1 inch - 690 reel RF - 1: 8,283 Map Date: October 13, 1998 i , / CITY OF ANDOVER GB, GENERAL BUSINESS Per Ordinance 8, Section 7 For further information, please contact the City of And over Planning Department, 755-51O() PERMITTED USES · Day Care & Drop-in Child Care Centers . Medical & Dental Clinics · Professional Offices . Restaurants . Retail Trade and Services: counter. These include: . Financial Institutions . Mortuaries & Funeral Homes . Professional Studios . Public Owned and Operated Property Stores and shops selling personal services or goods over the / 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 Variety Stores 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 Wearing Apparel / * excluding massage parlors PERMITTED ACCESSORY USES · Any incidental repair, processing, and storage necessary to conduct a permitted principal use not exceeding 30% of the floor space ofthe principle building SPECIAL USES By Special Use Permit , . Adult Use Businesses (per Ord. 92) . Antennas (exceeding 35') . Blacktop or crushing plant for Hwy · Drive-In, Drive- Thru Businesses . Marquee (with or without signs) . Outdoor Display, Storage & Sales . Precious Metal Dealers (per Ord. 104) . Public Utility Structures · Public Utility Structures (ex on ROW) . Second Hand Goods (per Ord. 104) . Signs on benches, shelters, etc. . Special Event Signage, etc. / . Advertising Signs . Area Identification Signs* . Commercial Animal Training . Liquor License . PUD (per sect 4.18, Ord. 112) . Pawnbrokers (per Ord. 104) . Repair Garage . Public Owned and Operated Property . Real Estate Signs** . Used Vehicle Sales . Search lights, banners, etc. . Excavation (ex when bldg permit issued) * Five acres or more * * 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 J . Auto Recycling Yards . Junk Yards . / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold two public hearings at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday October 13, 1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the following applications by the City of Andover on 90 acres of former salvage yards generally located south of Bunker Lake Boulevard between Thnish Street and Jay Street in the South Half of Section 34, Township 32, Range 24, AnokaCounty, Minnesota: Amend the Comprehensive Plan Land Use Map from I, Industry to C, Commercial Rezone from I, Industrial to GB, General Business 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 HaIl. ~ fliP Victoria V olk, City Clerk Publication dates: October 2, 1998 October 9, 1998 . ). PIN 343224340061 RIFFENBURG JENNY OR CURRENT RESIDENT 2 '135TH LN MUOVER, MN 55304 PIN 343224340057 CURRENT RESIDENT 2005 134TH LN ANDOVER, MN 55304 PIN 343224440032 KELLER JOHN G & DIANNE M OR CURRENT RESIDENT 13496 IBIS ST ANDOVER, MN 55304 PIN 343224340058 EASTWOLD SCOT R & NORMA E OR CURRENT RESIDENT 2031 134TH LN ANDOVER, MN 55304 PIN 343224330105 HIMLEY DAVID A & WENDY M OR CURRENT RESIDENT 2214135THLN A' ,:)VER, MN 55304 l PIN 343224340083 BEECKEN BRIAN P & KIMBERLY S OR CURRENT RESIDENT 2180135THLN ANDOVER, MN 55304 PIN 343224430032 BIER DEBORAH J & KARNEY A A OR CURRENT RESIDENT 1981134THLN ANDOVER, MN 55304 PIN 343224440026 FRISCH KENNETH D & SUSAN E OR CURRENT RESIDENT 13473 JAY ST ANDOVER, MN 55304 PIN 343224340079 SIMMER JAMES M & CATHERINE M OR CURRENT RESIDENT 2126 135TH LN ANDOVER, MN 55304 \ PI. 13224340075 BOZELL MICHAEL W & KOVICH T J OR CURRENT RESIDENT 2066 135TH LN ANDOVER, MN 55304 PIN 343224340060 GUTZKOW JODY K & JANKOWSKI R S OR CURRENT RESIDENT 2055 135TH LN ANDOVER, MN 55304 PIN 343224440022 QUARBERG BRYAN T & K A VILS- OR CURRENT RESIDENT 13521 JAY ST ANDOVER, MN 55304 PIN 343224330102 WELF JEFFREY J & KELLEY A OR CURRENT RESIDENT 13538 SWALLOW ST ANDOVER, MN 55304 PIN 343224440024 GILMORE CHRISTOPHER G OR CURRENT RESIDENT 13497 JAY ST ANDOVER, MN 55304 PIN 343224440030 MACDONALD G D & RANNOW L J OR CURRENT RESIDENT 13480 IBIS ST ANDOVER, MN 55304 PIN 343224440025 GRAHAM COLLETIE F OR CURRENT RESIDENT 13485 JAY ST ANDOVER, MN 55304 PIN 343224340076 STROMBERG MICHAEL E & SHEILA M OR CURRENT RESIDENT 2082 135TH LN ANDOVER, MN 55304 PIN 343224330090 NOVINSKA TOD A & BARBARA P OR CURRENT RESIDENT 13523 SWALLOW ST ANDOVER, MN 55304 PIN 343224340078 CARTER DEREK S & BARBARAE OR CURRENT RESIDENT 2114 135TH LN ANDOVER, MN 55304 PIN 343224430011 KUKOWSKI DARRELL J & V L OR CURRENT RESIDENT 13478 JAY ST ANDOVER, MN 55304 PIN 343224340059 NELSON GORDON T & CYNTIllA M OR CURRENT RESIDENT 2045 135TH LN ANDOVER, MN 55304 PIN 343224440023 KREBS DEAN A & ANGELA K OR CURRENT RESIDENT 13509 JAY ST ANDOVER, MN 55304 PIN 343224440031 RADTKE RICKY D & CHRISTINE L OR CURRENT RESIDENT 13488 IBIS ST ANDOVER, MN 55304 PIN 343224330106 NORMAN MARC J & HEIDI M OR CURRENT RESIDENT 2200 135TH LN ANDOVER, MN 55304 PIN 343224330103 STEEVES DEAN C OR CURRENT RESIDENT 13532 SWALLOW ST ANDOVER, MN 55304 PIN 343224340082 SNELL KENNETH P OR CURRENT RESIDENT 2162135THLN ANDOVER, MN 55304 PIN 343224340081 BYRNE MARTE J & MICHELLE K OR CURRENT RESIDENT 2150 135TH LN ANDOVER, MN 55304 PIN 343224340080 KOTISICK GREG D & ANITA R OR CURRENT RESIDENT 2138135THLN ANDOVER, MN 55304 PIN 343224340077 ALLAN BRUCE P & BECKY S OR CURRENT RESIDENT 2102 135TH LN ANDOVER, MN 55304 PIN 343224430023 ZELLMAN BRADLEY S & KYMBERL Y S OR CURRENT RESIDENT 1963134THLN A NOOYER MIV .s5~ )IN 343224230048 JAGNE C D & STANLEY S L JR CURRENT RESIDENT " '3TrH LN ~uOVER, MN 55304 )IN 343224320010 ;ONTERRE DOROTIIY R JR CURRENT RESIDENT :356 BUNKER LAKE BLVD \NDOVER, MN 55304 :>IN 3432243200 II JIESKE ruDY & PFEIFFER LAURI JR CURRENT RESIDENT 3654 THRUSH ST -\NDOVER, MN 55304 "IN 343224320012 'IUGHES JAMES A & SANDRA E JR CURRENT RESIDENT 2321 COMMERCIAL BLVD -\NDOVER, MN 55304 )IN 343224320018 3ECK RAYMOND C & CYNTIllA K JR CURRENT RESIDENT 13585 THRUSH ST -\" }VER, MN 55304 )IN 343224330101 ;CROWCROFf DANIEL S & KELLI A JR CURRENT RESIDENT !227 135TII LN .-\NDOVER, MN 55304 )IN 343224340071 I'RESTER ROBERT J JR CURRENT RESIDENT !191135TIILN -\NDOVER, MN 55304 '>IN 343224340068 JLASBY MARTIN J & TERESA L JR CURRENT RESIDENT !145135TIILN -\NDOVER, MN 55304 -'IN 343224430001 IURST KURT W & SUSAN D JR CURRENT RESIDENT '3440JAYST -\NDOVER, MN 55304 \ )1. ;3224340063 :uRRENT RESIDENT ,085 135TII LN \NDOVER, MN 55304 PIN 343224230047 DUFOUR MICHAEL D & TONIA A OR CURRENT RESIDENT 2284 13TrH LN ANDOVER, MN 55304 PIN 343224410002 IMRE JOHN P & SHEILA M % PRATER EDWARD J 1786 BUNKER LAKE BLVD ANDOVER, MN 55304 PIN 343224320012 HUGHES JAMES A & SANDRA E 12083 ROBIN RD MAPLE GROVE MN 55369 PIN 343224320014 G & R ELEVATOR MFG INC OR CURRENT RESIDENT 2352 COMMERCIAL BLVD ANDOVER, MN 55304 PIN 343224320019 GERADS KEITH C & TRACY L 11835 DAVENPORT ST NE BLAINE, MN 55449 PIN 343224330100 HALVORSON LINDA J OR CURRENT RESIDENT 2215 135TII LN ANDOVER, MN 55304 PIN 343224340070 SAY ARATII TIIONGKHOUN & PHAYSY OR CURRENT RESIDENT 2179 135TII LN A.1\.rnr\'1't:'D 'l..f1ilr.T C<"lOA PIN 343224340067 RITIEN MICHAEL J & LISA C OR CURRENT RESIDENT 2133 135TII LN ANDOVER, MN 55304 PIN 343224340065 JORDAN JOHN ALLEN & MARY 10 OR CURRENT RESIDENT 2109 135TII LN ANDOVER, MN 55304 PIN 343224340062 NORBECK SHAWN D & LISA K OR CURRENT RESIDENT 2075 135TII LN ANDOVER, MN 55304 PIN343224230053 US WEST INC CORP TAX DEFT 6300 S SYRACUSE WAY SUITE 700 N ENGLEWOOD CO 80 III PIN 343224410002 IMRE JOHN P & SHEILA M OR CURRENT RESIDENT 1724 BUNKER LAKE BLVD ANDOVER, MN 55304 PIN 343224410010 . KOITKES BUS SERVICE INC OR CURRENT RESIDENT 13625 HANSON BLVD ANDOVER, MN 55304 PIN 343224320015 MULCAHY GARY T OR CURRENT RESIDENT 13586 THRUSH ST ANDOVER, MN 55304 PIN 343224320019 GERADS KEITH C & TRACY L OR CURRENT RESIDENT 13567 THRUSH ST ANDOVER, MN 55304 PIN 343224330107 DOWNEY TIIOMAS J & MAUREEN K OR CURRENT RESIDENT 2203 135TII LN ANDOVER, MN 55304 PIN 343224340069 SCHERT RAYMOND R OR CURRENT RESIDENT 2167135TIILN ANDOVER, MN 55304 PIN 343224340066 SONNENBERG PHILLIP A & DEBRA L4OR CURRENT RESIDENT 2121135TII LN ANDOVER, MN 55304 PIN 343224340064 PLATINER JAMES J & DENISE M OR CURRENT RESIDENT 2097 135TII LN ANDOVER, MN 55304 PIN 343224330083 WOLENS RANDI L OR CURRENT RESIDENT 13526 SWALLOW ST ANDOVER, MN 55304 'IN 343224130001 'OVLITZKl RICHARD & MARLENE )R CURRENT RESIDENT f ~UNKER LAKE BLVD \1>lwVER, MN 55304 'IN 343224140001 ELLISON HAROLD ~T 3 BOX 1774 :AMBRIDGE, MN 55008 'IN 343224240055 ;WENSON TERRY LEE JR CURRENT RESIDENT .193 137fH LN \NOOVER, MN 55304 )IN 343224230004 JIDERVOL JOHN & VlDERVOL D JR CURRENT RESIDENT .3766 SWALLOW ST \NOOVER, MN 55304 )IN 343224230032 )ICKOVER DENISE M JR CURRENT RESIDENT ,3763 RAVEN ST \l'- "1VER, MN 55304 / -- 'IN 343224240074 }E CAPITAL MTG SERV INC :>() BOX 66815 ,T LOUIS MO 63166 )IN 343224240073 .EHEW PATRICK M & DEBRA L )R CURRENT RESIDENT :136 137fH LN -\NDOVER, MN 55304 'IN 343224240077 :wELEN TERENCE L & MICHELLE )R CURRENT RESIDENT ~158 137fHLN \NOOVER, MN 55304 'IN 343224240074 :URRENT RESIDENT :194137fHAVE \NOOVER, MN 55304 , 'I, /3224230051 IANSON THOMAS J JR CURRENT RESIDENT :234 137fH LN \NDOVER, MN 55304 PIN 343224230054 ANDOVER CITY OF 1685 CROSSTOWN BLVD ANDOVER, MN 55304 PIN 343224240053 LEADER FEDEARL BANK FOR SA V %UP MORTGAGE PO BOX 1860 MEMPHIS, TN 38101 PIN 343224240061 ANDERSON THOMAS J & SUSAN M OR CURRENT RESIDENT 13762 PARTRIDGE ST ANDOVER, MN 55304 PIN 343224230046 POTIS JOHN J & JENA R OR CURRENT RESIDENT 13764 RAVEN ST ANDOVER, MN 55304 PIN 343224240060 RAK JEFFREY & AXEN PAULA OR CURRENT RESIDENT 13755 QUINN ST ANDOVER, MN 55304 PIN 343224240069 DUERR BARB & DRABANT MARK OR CURRENT RESIDENT 13753 PARTRIDGE ST ANDOVER, MN 55304 PIN 343224240072 THOMPSON PERRY & THOMPSON G OR CURRENT RESIDENT 2122 137fH LN ANDOVER, MN 55304 PIN 343224240076 EVANSDARRELLF OR CURRENT RESIDENT 2170 137fH LN ANDOVER, MN 55304 PIN 343224230053 CURRENT RESIDENT 2206 137fH LN ANDOVER, MN 55304 PIN 343224230050 RABEN JAMES W & JULIE A OR CURRENT RESIDENT 2246 137fH LN ANDOVER, MN 55304 PlN 343224140001 JELLISON HAROLD OR CURRENT RESIDENT 1657 BUNKER LAKE BLVD ANDOVER, MN 55304 PIN 343224240054 NETERV AL RUSSELL E & LINDA OR CURRENT RESIDENT 2181 137fH LN ANDOVER, MN 55304 PlN 343224240053 LEADER FEDEARL BANK FOR SA V OR CURRENT RESIDENT 13754 QUINN ST ANDOVER, MN 55304 PlN 343224230033 KNUTSON RODGER D & KIMBERLY A OR CURRENT RESIDENT 13765 SWALLOW ST ANDOVER, MN 55304 PlN 343224240068 HAGEN RANDALL L & CINDY L OR CURRENT RESIDENT 13763 PARTRIDGE ST ANDOVER, MN 55304 PlN 343224240070 LUNDAHL PAUL E & KAMILLE K OR CURRENT RESIDENT 2094 137fH LN ANDOVER, MN 55304 PIN 343224240071 MCBRIDE JOHN M & BARBARA G OR CURRENT RESIDENT 2108 137fH LN ANDOVER, MN 55304 PIN 343224240075 YOCUM WILLIAM G & KAY M OR CURRENT RESIDENT 2182 137fH LN ANDOVER, MN 55304 PlN 343224230052 JOHNSON DARIN K & AUDRA J OR CURRENT RESIDENT 2220 137fH LN ANDOVER, MN 55304 PlN 343224230049 JAMES MARY E OR CURRENT RESIDENT 2258 137fH LN ANDOVER, MN 55304 2>IN 343224430024 _OOMIS JAMES E & ALLISON M JR rURRENT RESIDENT [5 '34TII LN \NUOVER, MN 55304 2>IN 343224430027 JLLANKETO WADE J & HEIDI A JR CURRENT RESIDENT [915134TIILN \NDOVER, MN 55304 2>IN 343224430030 3ISLASON lROY A JR CURRENT RESIDENT 1879 134TII LN ANDOVER, MN 55304 -' PIN 343224430025 MISCHEL DANIEL R & KERRY ANN OR CURRENT RESIDENT 1939 134TII LN ANDOVER, MN 55304 PIN 343224430028 JENSON TODD W & NEWVILLE J L OR CURRENT RESIDENT 1903 134TII LN ANDOVER, MN 55304 PIN 343224430005 RADES VANCE E & LAURA K OR CURRENT RESIDENT 13465 KILLDEER ST ANDOVER, MN 55304 PIN 343224430026 FRASER JAMES A & TERRA A OR CURRENT RESIDENT 1927 134TII LN ANDOVER, MN 55304 PIN 343224430029 HARMON ERIC J & CARRIE M OR CURRENT RESIDENT 1891 134TII LN ANDOVER, MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , DATE: November 4. 1998 , / AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Probation Period/Engineering Tech IV/ I &~ Nordstrom Scott Erickson,~~ Engineering The City Council is requested to approve the successful completion of the 6 month probationary period for Rich Nordstrom, Engineering Tech IV. Mr. Nordstrom has demonstrated a high level of professionalism and expertise and is an asset to the Engineering Department and the City. ,j " , ,I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: November 4. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,~ ( Engineering ITEM NO. Update of Holly StreeU95-26/Shadowbrookl ~eighborhood Meeting on Water Quality (7.3. On October 21, 1998, Brian Kraabel from the Water & Sewer Department and I meet with some of the residents of Holly Street located within the Shadowbrook Development to discuss water quality problems they were experiencing(See Attached Letter from Residents). The primary problems they were experiencing were with discoloration of the water (primarily due to iron and manganese), odor (primarily due to manganese), and stagnant water they experienced the previous winter. Based upon the information from the neighbors and previous discussions Brian had had with the residents he has modified the operations of the water system by isolating valves in the area in order to direct water from Well #3 (located just north of Bunker Lake Blvd. at the railroad tracks) to have a more lineal route to this area. This operational change should result in fresher water and a higher chlorine residual in the water / within the development. In addition, as more homes are connected to the water system and as the area matures the disruption to the water system will tend to subside. Mr. Kraabel is monitoring the results of the operational changes with the neighbors and will continue to work with them in order to provide the highest quality of water possible. / / j / . ~~~dlo .llA)()./31 -= "-.. . . -~ffA tG lo,6,Qg ~A IfdPI#j"rifJo/L Attached is a letter we had received from resident in the Shadowbrook development. We are currently coordinating with the spokesperson on this block to set up a meeting with this group to discuss their concerns and to evaluate what can be done to alleviate their problems. We will notify you of the time and date of the meeting once it is established. . .J / .. / Holly Street Families Shadowbrook 1..J . . ".' Andover, MN 55304 Dear Mayor and City Councilmembers, RECEIVED SEP 2 11998 CITY OF ANDOVER Honorable Mayor City Council Members Andover City Hall We have received very unsatisfactory municipal water in our new homes in Shadowbrook. These problems have occurred for approximately one year. Currently, the problem is orange-colored water for days at a time, and unpleasant flavor. Some families have stained dishes, clothes, appliances and fixtures from this unpredictable coloration. Public works officials tell us that we are getting all the sediments from the line including maganese, iron and polysulfates because we are at the end of the line and high current usage disturbs the sediments. When asked if the system could be flushed we are told it takes too much time and it will occur in a month or so anyway. In reality, the system is being flushed by high usage, however, instead of orange water flooding the streets it's coming out the tap in our homes in Shadowbrook. Flushing the one well service line would improve our current problem. Why should we have to wait until it's convenient for public works when our children now are being served orangish-brown drinking water, our laundry and baths look like swamp water? . I During the fall, winter and spring we were told the problems we have experienced on Holly Street, which include low pressure, sulfur and other smells, orangish-brown water, would improve when more homes went in. Now we are being told that some or all of the problems may continue until a new well goes in (hopefully with a treatment facility), All winter we endured sulfate smell with our water. Utility officials were in our neighborhood repeatedly, Many of us on Holly Street called the utility department at various times. One of our families has lived in several other states and has never had problems like this with poor water pressure, orange water, and sulfur smell. Welcome to Minnesota? Visits were made to an occasional home when pressure seemed very low, No one ever tested the water purity, which we began to doubt as the rotten egg smell from stagnant water went on for months (Dec., Jan., Feb. & March). We wondered if the chlorine was still active. The official utility response we heard was "you are getting stagnant water because you are at the end of the line." The awful smell disappeared in March and has occurred sporadically since. Some families have lingering sulfur in their supply for unknown reasons. One of the basic functions we expect from local government is clean and pure water of adequate pressure. Several of us have patiently waited a year and have witnessed no improvements. In fact, the "Tang-colored" water we experienced on the 8th and 9th of September was the worst yet. Every call from our neighborhood, on ,/' -1,- about a monthly and occasionally weekly or daily basis, has probably never been brought to the attention of the elected officials, As we have talked within our neighborhood, we originally accepted the excuses of the professional staff and assumed they were keeping you appraised of the continuing problems. During the winter, we were told things would get better with more houses going in the area, Today we are told that too many houses are on one well. . - / / There is a real need for the City Council to discuss, evaluate, direct staff and even hire professional engineers to solve these water problems without further delay. We hope that whatever action is taken will include a treatment facility so the sediment problem and discoloration will not be an ongoing problem. Please apprise us of any decisions, Thank you for your attention to this important matter, Sincerely, .4-t-- n '/~) /3'D~2- ~ . . ",' r r;' . . /'36'"/tj (j~J; /;6ti"~.,::-;~1&1~/JY . I' X7~-; ~ . CNrt0c6c rftl'-rjb?z:!/i/J .M~ f-h ~ / 38 7 / I-Iv Iltt <3t . ~VJj' Hi ne <Q /JuCtwlk.?;;n~. ~ ,/50~3 !W-efG ~~ M :ck1k lAy U / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ DATE: November 4. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Water Treatment Survey ~q. Scott Erickson&( Engineering As a direct result of the Holly Street neighborhood meeting which was recently held to discuss the quality of their drinking water it was suggested that the City Council authorize a survey be performed in order to evaluate the residents satisfaction or dissatisfaction with the quality of water they are currently receiving from the City. If the residents are not satisfied with their current water quality it will be asked if they would be willing to pay for or fund a large scale water treatment facility to provided treated water to the system. Water treatment would be primarily for Iron and Manganese removal. If the Council feels such a survey would be beneficial for the long term planning of the City staff will develop and mail a survey to the residents connected to the water system and present the results back to the Council for review. It should also be noted that the city water and sewer department is doing a excellent job in providing our residents with the best quality water possibly without having water treatment facilities available. Their aggressive flushing program and daily monitoring of the water system has been effective in providing a good quality water without having the benefit of treatment. J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , DATE: November 4. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ToddJ. Haas,~ Engineering ITEM NO. Reduce Escrow/Feasibility Report/98-16/ /1 Shadowbrook 4th Addition (A~. The City Council is requested to return the cash escrow for the feasibility report for Shadowbrook 4th Addition, Project 98-16. Amount Available Reduce To Reduction Shadowbrook 4th Addition $1,000.00 $0.00 $1,000.00 Staff is recommending reducing the escrow. The developer has entered into a Development Contract with the City and the 15% required escrow for assessments has been submitted, ; therefore the $1,000 escrow can be released. RECEIVED Bunker I LLC. OCT 14111 · \ I 10738 Hanson Boulevard r-N-J Coon Rapids, MN 55433 Tel: (612) 755-8554 Fax: (612) 755-8311 _! CITY OF ANOO"' C C? :"4~~.). .' October 13, 1998 City of Andover Attn: Todd Haas 1685 Crosstown Boulevard NW Andover, MN 55304 RE: Shadowbrook Fourth Addition Feasibility Escrow Deposit. Todd; .I Please consider this our request for a refund of the feasibility escrow funds that Bunker, LLC. deposited with the city on June 22, 1998. We have had a Letter of Credit put in place in order to render the feasibility escrow unnecessary. The refund should be made out to Bunker, LLC. and can be sent to my . attention at: . Tony Emmerich Construction, Inc. 10738 Hanson Boulevard NW Coon Rapids, MN 55433 If you have any questions regarding this request, please call me at (612) 755-6554. Respectfully, --&L\e~~~ Baleen Roberts Controller-Tony Emmerich Construction, Inc. , I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: November 4.1998 ITEM NO. Approve Resolution Accepting Streets & Utilities/ Echo Hills 2nd Addition 8&. ORIGINATING DEPARTMENT Todd Haas,' Engineering AGENDA SECTION Non-Discussion/Consent Item The City Council is requested to approve the resolution approving the final street construction and storm sewer for the Echo Hills 2nd Addition development. The streets have been found to be in compliance with the City Specifications and are recommended for acceptance. , / \ J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND UTILITY CONSTRUCTION OF ECHO HILLS 2ND ADDITION AS BEING DEVELOPED BY ROBERT HELlKER. WHEREAS, the developer has completed the streets and utilities of Echo Hills 2nd Addition. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street construction of Echo Hills 2nd Addition contingent upon providing the following: 1. Developer provide a 1 year performance bond or an escrow as determined by the City Engineer from the date of this resolution. Adopted by the City Council of the City of Andover this ~ day of November 19 98. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: November 4. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,~l Engineering ITEM NO. Receive Traffic Study/98-26/ Commercial Park/Jay Street NW cft1. The City Council is requested to receive the Traffic Impact Study which was developed by TKDA for the Commercial Park redevelopment. With the Council's approval this report will be forwarded to the Anoka County Highway Department with a formal request for a traffic signal at Jay Street NW/Bunker Lake Blvd. and will provide the backup information necessary to proceed with a signal justification report for this intersection. Attached is a executive summary of the report. The full report with backup is available in the Engineering office for review or if you would like a complete copy, please give me a call and we can have one provided for you. \ / \. " J OCT-29-1998 14:08 612 292 0083 P.01/01 TKDA TO~ TZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED I ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER JAFFRAY Pl.AZJ\ 444 CEDAR srnEET :5A1NT PAUL. MI~N~50TA ~101-Z140 PHONE:65,1292-4400 FAXo$5t/292.0083 October 29.1998 Mr_ Scott Erickson City Engineer Andover, Minnesota Re: Traffic Impact Study Commercial Park Development J\ndover,~nesota Commission No. 11608-01 Dear Mr. Erickson; We are pleased to submit this Traffic Impact Study for the Commercial Park Development. This study was done to determine the traffic impacts of the new movie theatre and restaurant complex, along with other envisioned uses for this site. We looked at the impacts to Bunker Lake Boulevard. Crooked Lake Boulevard, Hanson \ Boulevard, Commercial Boulevard, and Jay Street. I The major findings of this report arc that the inter:scction of Jay Street and Bunker Lake Boulevard will meet Warrant #1 - Minimum Vehicular Volume, Warrant #2 - Interruption of Continuous Traffic, Warrant #9 - Four Hour Volume, and Warrant #1 1 - Peak Hour Volume, when the Commercial Park is fully developed. Without a traffic signal at this intersection, operations at it will be congested and hazardous. We also checked the level of service at the other major intersections in the area and found that they will not be significantly impacted by this development. We recommend that the City approve this reporr. A formal request to the Anoka County Highway Department for a signal at the intcr:scction of Jay Street and Bunker Lake Boulevard should be made by the City Council. This report should accompany the request. This new signal system should be constructed during Bunker Lake Boulevard Reconstruction Project in 1999. It is anticipated that the City would pay for its share of the signal cost from its Municipal State Aid construction account, , \ ) An Equal OpptJrnmity Employsr TOTAL P.01 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: November 4. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson&[ Engineering ITEM NO. Approve Final Payment/98-13/Fox Meadows B2. The City Council is requested to approve the resolution accepting work and directing final payment for Project 98-13, for Fox Meadows. , J / . J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO BAUERL Y BROTHERS FOR PROJECT NO. 97-8 FOR THE IMPROVEMENT OF FOX MEADOWS. WHEREAS, pursuant to a written contract signed with the City of Andover on Auqust 4. 1998, Bauerlv Brothers of Sauk Rapids. 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 4th day of November, 19-..lliL, 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 . .I CITY OF ANDOVER FINAL PAYMENT j Estimate No. 2 (FINAl) Period Ending 11/3/98 Sheet ---1- of ~ Project 98-13. Fox Meadows Street Imorov. Original Contract Amount $ 115.523.35 Location Andover Contractor Bauerlv Bros. Inc. Total Amount Earned This Estimate $ $ 92.255.40 Total Contract Work Completed 92.255.40 Less -L Percent Retained $ $ $ -0- Less Approved Credits -0- Less Previous Payments 64.027.73 / Total Deductions $ $ 64.027.73 Amount Due This Estimate 28.227.67 I, agree to the above estimate. 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"I M '0 0 0 0 00 000000 oci ..t N.O 0 (0 ffl ffl ffl' 0 10 ffl 10 t- ...... ffl 'ffl o o,c);o!Ni~: OJ 'M 10 . '''1:0: . o .". u) It) N N en ffl ____~_L >->->->-oC/) o 'OC/) C/) <( ,-l '0 'It '0 '0 110 ,...- . ...-N '~ 'NO' o 'C .c Cll u. ~ 2 .-. , iL '0 __ '5 ~ m a. Cll ~ ~ 0 ~ .9- 0 ~m in M X o Q.(/) a.(/) <( Cll ~o '0 (/) 0.'0 o 0 I-en ~ (/) '0 ~ ,Cll >- iO ::.0 : ::J -:(.)1 -go 1.....;0. O:T""" ~ , 00 c'lO 4: x .?:5 ~ e :2 .- a. '0 e. a.. Q) ~ ~ Q) ~ C C/) :J 0 g:2~ ~oCliU :> '0 0 ~ Q) X Q)Q)w .ciCf.! c u. x 0 .- E ~ :2 E ~ 0 0 ii5go -.tLO(ot-OJOl .,J ~ g CITY OF ANDOVER REQUEST FOR COUNCIL ACTION . \ DATE: November 4. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Declare Costs/Order Assessment Rolli 98-13 & 98-13A1Fox Meadows I~. Scott Erickson,~ Engineering The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of streets, for Project 98-13/98-13A, Fox Meadows. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , J RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREETS, FOR PROJECT 98-13/98-13A, FOX MEADOWS. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: . / WHEREAS, the final contract cost for the improvement amounts to $92,255.40, the expenses incurred or to be incurred in the making of such improvement amount to $ 31,683.20 so that the total project cost of the improvement will be $123.938.60 . 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 123.938.60 2. Assessments shall be payable in equal annual installments extending over a period of ~ years. The first of the installments to be payable on or before the 1 st Monday in January 1999 ,and shall bear interest at the rate of _ ~percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member and adopted by the City Council at a reqular meeting this ~ day of November, 19-.JliL, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor , / Victoria Volk - City Clerk ANDOVER SPECIAL ASSESSMENTS PROJECT NAME FOX MEADOWS (DAKOTA ST. NW, PROJECT NO. 98-13/98-13A "\ 160TH LN. NW, S. ENCHANTED DR. NW. FOX ST. NW) ) STREETS FEASIBILITY STUDY: Date Julv 21.1998 Construction Amount $ 130,850.00 ENGINEER'S ESTIMATE: Date Auqust 3.1998 Engineer's Estimate Construction Amount $ 130.850.00 CONTRACT AWARD: Date Auqust4.1998 FINAL CONTRACT COST Engineering: Aerial Mapping (1 % of street/storm) Drainage Plan (0.3% of street/storm) Administration (3%) Assessing (1%) Invoice Bonding (0.5%) City Expenses Advertising Testing: Braun Intertec Construction Interest (6%) 9/4/98 to 12/8/98 = 4.2 months Total Construction Interest \ J $ 92.255.40 $17.020.00 $ 922.55 $ 276.77 $ 2.767.66 $ 922.55 $ 461.28 $ 6,08918 $ 346.05 $ 945.88 $1,931.28 + $ 31,683.20 TOTAL EXPENSES (% of Final Contract Cost = 34.34292) = $123.938.60 TOTAL PROJECT COST/ TOTAL TO BE ASSESSED Current Assessment per Lot: $123.938.60 = $3,442.74 36 Lots Feasibility Study: $170.100.00 = $4,725.00 36 Lots \ , / \ J ASSESSMENT ROLL COMPUTATION Fox Meadows (Dakota St. NW, 160th Ln. NW, S. Enchanted Dr. NW and Fox St. NW) Street Improvements City Project 98-13 Andover, Minnesota 1. Street Construction Costs Table A Item No. Description Quantitv Unit Prices A. Fine Grading & Reshape Subgrade 70 $57.00 B. Gravel Base Class 5 606 $9.15 Trucked In & Placed C. 2%" Bituminous Wear Course 2695 $22.68 D. Topsoil Borrow 537 $9.00 E. Straw Fiber Blanket w/Seed 8937 $1.70 F. Sod 89 $4.00 G. Straw Fiber Blanket w/600 Seed Mix 230 $2.00 H. 600 Mix Seed & Mulch 0.02 $1500.00 I. Common Excavation 1 $750.00 j 2. City Expenses Table B Cellular Phone Mileage Signs Tree Removals Tree Plantings $100.00 $344.18 $4,000.00 $745.00 $900.00 $6,089.18 Assessment Breakdown Amount $3,990.00 $5,544.90 $61,122.60 $4,833.00 $15,192.90 $356.00 $460.00 $30.00 $750.00 $92,279.40 There are 34 Rural residential lots. There also is the Fox Meadows Park which is considered 2 lots. Total Lots = 36 Construction Costs = Engineering & Administrative (34.34%) = $92,255.40 $31.683.20 $123,938.60 \ , J Total Project Cost = Total to be Assessed $123.938.60 = 36 Lots $3,442.74/Lot CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: November 4. 1995 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson, ~C Engineering ITEM NO. Receive Assessment Roll/Order Public Hearing/ 9S-13 & 9S-13A1Fox Meadows 80. The City Council is requested to approve the resolution for the hearing on the proposed assessment for the improvement of Project 9S-13/9S-13A, Fox Meadows. , , . ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ) MOTION by Council member to adopt the following: / A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 98-13/98-13A. FOX MEADOWS . WHEREAS, by a resolution passed by the City Council on November 4, 19~, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 98-13/98-13A. Fox Meadows. WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 1 st day of December. 1998 ,in the City Hall at _ 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner 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, except that no interest shall be charged of the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 4th day of November ,19.JllL, with Councilmembers of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in favor voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor , / Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Accept Drainage & Utility Easement/98-6/ 17145 Navajo Street NW <31. Scott Erickson, r}( Engineering The City Council is requested to accept the drainage and utility easement for Project 98-6, 17145 Navajo Street NW. The drainage and utility easement was provided by the property owner to allow the City Public Works Department to solve a street drainage problem at this location. . I , \ , / j DRAINAGE AND UTILITY EASEMENT AND AGREEMENT THIS INDENTURE, made this 10 day of {h ~'----' , 1998, by Mark Hendrickson and Tamara J. Hendrickson, husband and wife, Grantors, 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 drainage 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 drainage and utility purposes, for the purpose of maintaining, repairing or replacing the said drainage and utility improvements 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 drainage and utility improvements, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said drainage and utility. That said drainage and utility easement located in the County of Anoka, State of Minnesota, is described as follows, to wit: An easement for drainage and utility purposes over that part of the northwesterly 10.00 feet of the southeasterly 20.00 feet of Lot 5, Block 1, GROW OAK VIEW ESTATES, according to the recorded plat thereof, Anoka County, Minnesota; as measured at right angles to the southeasterly line thereof, lying northeasterly of the southwesterly 10.00 feet of said Lot 5 as measured at right angles to the southwesterly line thereof, AND an easement for drainage and utility purposes over that part of Lot 5, Block 1, GROW OAK VIEW ESTATES, according to the plat thereof, Anoka County, Minnesota, lying southerly of a line drawn from a point on the southwesterly line of said Lot 5 distant 68.00 feet northwest of the most southerly corner thereof, to a point on the southeasterly line of said Lot 5 distant 52.00 feet northeast of the most southerly corner thereof, EXCEPT that part thereof lying within the southeasterly 20.00 feet .. / 1 ) of said Lot 5, as measured at right angles to the southeasterly line thereof, AND Except that part thereof lying within the southwesterly 10.00 feet of said Lot 5, as measured at right angles to the southwesterly line thereof. 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, Mark Hendrickson and Tamara J. Hendrickson, husband and wife, have caused these presents to be executed or have set their hands the day and year first above written. rtU ~~ Ma,rk Hendrickson C~i\\~#'J).tC~~0 Tamara J. Hendrickson STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this ,;(g~ day of Q ~....... , 1998, before me, a notary public within and for said County, personally appeared Mark Hendrickson and Tamara J. Hendrickson, husband.andvw~oknown to be the persons described in and who executed ~h. .~.fore. ,gOiAg1liB~tt<urtll;lNfQH'll they executed the same as their free act and deed. l:;:'~ NOTARYPUBUC.IolINNESOTA ~~. ANOKA COUNTY _ .,. IlyCCII.IIIlolIExJIIrtIJM.al,ZGOO. .4Iv...,:.AA Q. tL~ NoMry Public 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 CITY OF ANDOVER (SEAL) By Clerk This instrument was drafted by: William G. Hawkins 2140 Fourth Avenue North Anoka, Minnesota 55303 , , 2 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. ~:rove QuoteslTrees for Various Parks The City Council is requested to approve the quotes for trees to be placed in various parks throughout the City. The quotes received are attached. This will be paid from the 1998 Park Capital Improvement Budget in the amount not to exceed $3,000. .' '. Trees Purchased; Fall 1998 We were able to purchase slightly damaged trees, at substantial savings. This way, we are able to stretch our landscaping dollars. I hope to get more of these types of savings this spring. Following are examples of the savings and bids. We have a total of $ 3,244.01, including tax and delivery, due on this order. > Honeylocust 2 inch, Grove Nursery; $ 59.00 Treemendous; $ 103.20 Wirz Nursery; $ 159.00 > Greenspire Linden 3 inch, Grove Nursery; $ 59.00 Treemendous; $ 129.00 \ > Sugar Maple 2.5 inch, Grove Nursery; $ 59.00 Treemendous; $ 127.20 Wirz Nursery; $ 179.00 > Whitespire Birch 8 ft. clump, Grove Nursery; $ 83.00 Treemendous; $ 89.00 > Patmore Ash 2.5 inch, Grove Nursery; $ 59.00 Treemendous; $ 119.00 > Amur Maple 5 ft. clump, Grove Nursery; $ 66.00 Tremendous; $ 109.20 > Red Oak 2.5 inch, Grove Nursery; $ 59.00 Treemendous; $ 135.20 > Hackberry 3 inch, Grove Nursery; $ 59.00 Treemendous; $ 129.20 As you can clearly see, the City is getting some great buys. The trees will be planted in various parks. The location map is enclosed. We will need a total of$ 3000.00 to be paid out of the Park Dedication Fund. This amount has already been recommended by the Park Board. Th[balance will be paid out of our maint. budget. 1'\"8 f'MJL Ce>op,'-t't11 r~ Thank You (j"if--t: / ) UY?Yl- '. * Fall Planting B.& B.Trees 1998 * ./ > Woodland River Park: 4 Maples, 2 Birch, 2 Oak, 1 Hack- berry, 1 Amur Maple, 2 Ash, > Red Oaks West: 2 Ash, 1 Hackberry, > Hills Fifth: 1 Maple, 1 Amur Maple, 1 Linden, 1 Ash. > Hidden Creek North: 1 Ash, 1 Honeylocust, 2 Maple, 1 Hackberry, 2 Amur Maple, 2 Lindens. > Northwoods East: 1 Ash, 1 Maple. > Oak Bluff: 2 Oaks, 1 Maple, 1 Linden. . / > Sunshine: 2 Honeylocust, 2 Birch, 1 Amur Maple, 2 Ash, 1 Hackberry, 1 Linden. > Trails: 1 Honeylocust, 1 Maple, 1 Hackberry, 1 Oak, 1 Birch. \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE November 4.1998 AGENDA SECTION Non-Discussion ORIGINATING DEPARTMENT Finance ~~ Jean D. McGann I ITEM NO. 38. Approve Purchase of Building Department Software BACKGROUND: Currently the building department is preparing all building permits and licenses manually. With the volumn of permits issued each year it is vital to computerize this department. The building department has been researching software applications for several years and have determined the TR Systems has the most '. appropriate software for Andovers' needs. . / In 1996, $5,000 was reserved for the purchase of Building Department software and in 1997 an additional $12,000 was reserved. Attached is the quotation from TR Systems on the cost ofthe software and also the training involved. In addition to the application cost, it will be necessary to purchase a PC and a printer to be devoted exclusively to this application. The costs involved with this project are summarized below. Application Software Training and data conversion 1999 Software Support Hardware $6,073.69 4,465.00 995.00 3.250.00 Total $14.783.69 REOUEST: The Andover City Council is requested to approve the purchase of the above listed software and hardware for implementation in the Building Department. \ J i / PermitWorksTM Pricing PermitWoJ'ks Softwano Modules Permits & Inspections Software Sub Total Annual Software LiccnM: Suppol1 Fee Program $ 4,995.00 $ 995.00 $ 4,996.00 $ 995.00 Remote Communications Software MS Visual FoxPro for Windows v5.0 Professional Edition Mfgrit 340-00143 stac RQ8CnOUl c:nterprise \'6.0 - single-user ucense 549.00 159.00 $ 5,703.00 370.89 $ 6,073.69 Total Sollware !\AN 6.5% Sales Tax Total TR Systems issues invoices for PermitWorksl'M Software License and annual Software Support Pr02fllIIl (SSP) fees at the time of software insta1lation. Installation is defined as the loading of the PermitWorksTM application in its default configuration on to the City's system. Software License and SSP invoices are payable within 30 days from invoice date. Quoted software prices are guaranteed for 120 days from date of proposal. '\ SSP fees are pro-rated to yearend. Annual SSP fees for subsequent years are automatically invoiced in December of each calendar year and are payable within 30 days of invoice date. Imolementation Services Est Hours Rate Fee Installation & Implementation 21 $ 95 1,995.00 Data Conversion 16 95 1.520.00 Training 10 95 950.00 Total 47 $ 95 $ 4.465.00 Implementation services are detailed on the attached document titled. "PermitWorksTM Implementation Services and Training Cost Estimate". Implementation-related services are billed at an hourly rate of .$9' in mlnimum increments of 1:5 minutes. All billabl~ services, including training and data conversion, are billed at the end of the month and are payabIl!! within 30 day~ from invoice date. TR Syster= bills one-way travel for all on-sire services. \ / TR Systems. LLC 4810 White Bear Parkway White Bear Lake, MN 55110 (612) 426-7000 10128/98 Page 1 (:O"d (:S:91 86. 8(: lJO -IS9:xe.:l Hll:Jda~ S39.ill:n 8lH ~ .' Due to the varyin2 nature of data attributes. conversion estimates are considered general approximations. nre subject to modification, and arc considered non-binding. The volume of data. converted or any unforeseen disruption in the conversion process may result in higher hours. Below is a summary of the estimated costs in purchasing and implementing PennitWorksN Permits & Inspections module: PermltWorks Software License Fees Diagnostic Tools & Remote Support MN Sales Tax (6.5%) 1998 Software Support Program Fees' PermitWorks Implementation & Training Data Conversion Estimate $ 4.99~.OO 708.00 370.69 995.00 2.945.00 1,520.00 Total Cost Estimate (*To be pro-rated to yearend at time of purchase) $ 11.533.69 Annual Recurrlna Costs PermitWorks Annual Software Support Program (SSP) . Permits & Inspections MOdule Annual Cost $ 995.00 , Total Annual Recurring Costs $ 995.00 Should you have any questions regarding the proposed costs, please give me a call at (651) 426-7000. Sincerely, TR SYSTEMS, LLe ~~~ Sharon Taylor ~ Software Consultant / \ / TR Systems. LLC 4810 While Bear Parkway While Bear Lake. MN 55110 (612) 426-7000 10/28198 Page 2 m'd ~S:9~ 86. 8~ lJQ -IC;q:X"!?-l 1-11 ~(!~ <::-=lCl I ()H I inU a- l '"1SJ ;>::tg iir :::!: g · · · · . . . n ~ n .. ~ ~ - l>'Cdl ;jl =~llllll"_::l1~ ..... (') r::: t:: c::: fA C ao S 'tl;:;;"O'tl'tl~"OEi_ -.....,-.0 o..~ gSoijl....,c......:._ e.o~'tl~~~glll> ~g...a:>6.ao5' 1 g:: ~ g' ft ~ ,F-' ~ ~ 'tl <> - - Q. (')~ 8 III ~ [~ ~ if [~ ~ ~ ....;.oJ en -. _;1 ~ ~~ss~8'<FP'" i:loa.Q,o.c.;:l';. eiG: Q::lg~CI.l(>".;:lQ a.~ lis.g~~!'l fr ~ ""'21 i:lo~~ g'(jj .. ~a.e _"'_ ~ <'l d. "''''1\> ~ 8az "'3~ ... <'00 llg,a ~ !a./i ~~~ goo :ti - i:l "ti 0 =:a n 0 ~ ~ ,,!'" '" S' <Q S"bd g, iil ~~ ~ Q; (l,t;j' .. 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"'1 ;:s CI .g ~.~ [~ I ~ ~ a~. ~~: 5 i ~g~~~'Ba~ lla~[g p., 1:1 el o' ii' ::. .. 8 "< 10 (io.!i.Oq~ c'::l_.o~ 8-. 80; C''''-fi!!!.... e,~= e';;'2 2'[aa. ::, i!g,' RORIO;; O<l _ -. <: c. _. g. ii' a'g' ~ ~ ~!;o n "".. -. 2 '" ~_. 61 nP-S: -= q ::r''''::J slf a. ~~i il e- g ~ ::. I;\, So g. g ""o::l '" ~ .. ~ =. o " ~ & o ~ S' ;? ~. In lO> if l o ::l !" m ... t:; .t:>- ~.I>. - -t 8 0 00 :D 0 00 :c -J ... ;IJ '" ~ Ii Iii ~ CD coco ::u !>' <1' <1' 0 00 III 5 0 00 11 ~l I~ ''::1 ... , 0 "j\3 a$ Co> (.) (.) <Xl <Xl 00 I\> CO 0 00 i' b 0 00 0 0 00 SO'd ~S:91 86. 8Z lJO -tC;q:X"e-J ~I~n~~ ~~qlnHI QIU "U ! o 3 <II Co a l? III n :::!. - e 'l:S i' "' = S- o: c = CI:l tll 3-: ~ ~. 5 - ;r '" .., e~ ri n o ~ t.:z;l '" e :3 => ;- 0' => o .... f. n ClI C)n'L1l~ '-' DATE November 4. 1998 ITEMS GIVEN TOTHECITY COUNCIL . Planning and Zoning Commission Minutes - October 13, 1998 . Park & Recreation Commission Minutes - October 15, 1998 . Special City Council & Comprehensive Plan Task Force Minutes - October 15, 1998 . City Council Minutes - October 20, 1998 . Economic Development Authority Minutes - October 20, 1998 . Ord. No. 209A . Sketch Plan/Fox Hollow . Schedule of Bills PLEASE ADDRESS THESE ITEMS ATTHIS MEETING OR PUTTHEM ON THE NEXTAGENDA. THANK YOU. ~ . Or; ,:rmJ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November4.1998 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance ~v""- Jean D. McGann lITEM NO, Schedule of Bills REOUEST: The Andover City Council is requested to approve total claims in the amount of $ 566,690.34. BACKGROUND: Claims totaling $ 139.027.67 on disbursement edit list #1 dated 10-27-98 have been issued and released. Claims totaling $427.662.67 on disbursement edit list #2 dated 11-04-98 will be issued and released upon Council approval. Date: 11-04-98 Approved By: "'"' . . . . . . "'to . . >" . . 00. . . ,,'" . . ~"' . . 1) . . . . "'U . . 0 . 0 . >0" . " . ~ ~ . 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MOTION by Councilmember to adopt the following: A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD ON THE 3RD DAY OF NOVEMBER 1998 IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. The Municipal Election was held in and for the City of Andover on the 3rd day of November 1998, and was in all respects duly and legally canvassed; and the votes received for each candidate are shown on the attached. The following are hereby declared and certified as those elected: Mayor - Jack McKelvey (2 year term) CounciImembers - Don Jacobson, Julie Johnson (4 year terms) It is hereby found and determined that at the Municipal Election upon the foIlowing question, "ShaIl the City of Andover, Minnesota be authorized to issue and sell its general obligation bonds in the amount not to exceed $3,749,500 to provide funds for the improvement of existing City Parks?" the question is hereby declared not passed. The summary of the voter results are hereby attached and made part of this resolution. MOTION seconded by Councilmember and adopted by the City Council at a Regular meeting the 4th day of November. 1998 with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: 1. E. McKelvey, Mayor Victoria V olk, City Clerk 'tI '" "" C1> z -< 'tI 0 C1> >- '" :c ~ =: 0 2: 0 -.l ~ -.l 0 "-' IV 0 "" "" V> 0 00 00 V> - "" "" 00 00 -.l -.l 0 - V> 00 "" IV 00 IV 00 - - -.l V> 0 -.l - -.l "-' "" IV 0 00 "" ~ "-' 0 V> "" 00 - -! " '- '- 0 =: '" " ~ ;:0 '- ~ _. '" ::: 0 g C1> ;; '" 0 0 '" >- 3 :r c:::: " 2: < ,,' ::l < < < '" "" 0 c.: '- '- '- " C1> 2: !:?. 3: 0 5'- 0 ;>:: '" 0 ::l =: ~ ;;; - '< 0 :r ::: " < ~ " 0 0 '" ;;; - '" ~ ::l ::l t" ;>:: >- ~ '" N :r ::l " 0 0 '" '" 0 - "" ::l !:?. ..., 0 0 0 < ~ ;!l. en ;:0 ::l < I:"l 0 " ::l o' c.. 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