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Home My WebLink AboutCC October 5, 1999 J '\ '- ) '~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting, Tuesday, October 5, 1999 agenda Call to Order - 7:00 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes Bookmark Name minutes Discussion Items 1, Receive Bids/98-29/Grey Oaks 2, Review Kerber's Round Lake Estates Sketch Plan bid9829 kerbers Staff. Committees. Commissions 3. Approve Purchase of Lap Top Computer/Parks 4, Discuss Lower Rum River/MN Law 1038,227, Subd 2, 5, Schedule Work Session/Right-Of-Way Management Ordinance No, 247 laptop lrrwmo workshop Non-Discussion/Consent Items 6. 2000 Utility Rates utility rate 7, Tax Rate Certification Taxrate 8, Declare Costs/Order Assessment Roll/I999 Delinquent Utility Service Charges declcost 9, Reduce Letter ofCredit/Woodland Creek 3rd Addition/92-20/Special Assessment loc9220 10. Reduce Letter of Credit/W oodland Creek 4th Addition/93-3 I1Special Assessment loc9331 11. Reduce Letter ofCredit/Woodland Creek 5th Addition/95-I/Special Assessment loc951 12. Order Plans & Specs/99-34/Sunshine Park Parking Lot-Trail Improvements-West Side ord9934 13, Declare Costs/97-35/The Farmstead dclr9735 14. Declare Costs/98-32/3512 - 142nd Ave NW/WM dclr9832 15, Approve Appointment to Cedar Creek Greenway Task Force greenway 16, Approve Comprehensive Plan Amendment/14xx 161st Ave, NW/Ashford Development Corp,ashford 17, Approve Rezoning/14xx 161st Ave, NW/Ashford Development Corp, rezone Ill. Change Time of First City Council Meeting in November time 19, Approve Computer Purchase/GIS gis Mayor/Council Input Payment of Claims Adjournment CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , " ) DATE: October 5, 1999 AGENDA SECTION ORIGINATING DEPARTMENT APPROVAL OF MINUTES City Clerk ~U ' ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: September 14, 1999 Special Meeting September 20, 1999 Special Meeting (Knight absent) September 21, 1999 Regular Meeting \ ) September 21, 1999 Special Closed Meeting '. j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: October 5. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson~L Engineering ITEM NO. Receive Bids/98-29/Grey Oaks /. The City Council is requested to approve the resolution receiving bids for Project 98-29, Grey Oaks, The bids received are as follows: Contractor Bid Amount Volk Sewer & Water Inland Utility Latour Construction , j Richard Knutson, Inc, Kober Excavating Elk River Concrete Barbarossa and Sons, Inc. Northdale Construction WB Miller, Inc, Hydrocon Burschville Construction $360,722,96 $368,676,20 $384,853.14 $385,598,71 $388,703,20 $399,757.48 $404,055,65 $405,089,87 $405,339,98 $437,898,15 $443,284.80 Engineer's Estimate $359,691.70 Bids will not yet be awarded as there are still some remaining development issues the developer is working out regarding this project. , ; CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. MOTION by Councilmember to adopt the following: A RESOLUTION RECEIVING BIDS FOR PROJECT NO. 98-29, GREY OAKS FOR SANITARY SEWER. WATERMAIN. STREETS AND STORM SEWER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 188-99, dated Auaust 17 , 1999, bids were received, opened and tabulated according to law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive bids. MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this 5th day of October ,19~, with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed, voting CITY OF ANDOVER ATTEST: J,E. McKelvey - Mayor Victoria Volk - City Clerk TABULATION OF BIDS GREY OAKS PHASE 1 CITY OF ANDOVER. MINNESOTA Bids Due: 10:30 AM Date: OCTOBER 1, 1999 COMMISSION NO, 11692-02 (j) Bid Ret'd Bidder Bond P&S Total Amount of Bid AAA STRIPING SERVICE CO AMERICAN CAST IRON PIPE CO BARBA ROSSA & SONS INC LJ oy ~S- . 6<:>- BAUERL Y COMPANIES BLAKE DRILLING COMPANY BURSCHVILLE CONSTRUCTION INC V-- 71~?, 28'/, 8"0 , DAVIES WATER EQUIPMENT CO DEWATERING INC DON ZAPPA & SONS CONSTRUCTION ELK RIVER CONCRETE PRODUCTS "..-- ~'19 1~7. 'Ii . , HARD RIVES INC HYDROCONINC .....- 1/31 , CP'1'i ,/ S- (f/ INLAND UTILITY CONSTRUCTION I/"""" ~0~ J ~9"b -' ZO KOBER EXCAVATING INC .......-- 3g-~ . 7D-S, zo 7- LATOUR CONSTRUCTION INC ~ sgqJ B~3 .1'/ ", MINNESOTA PIPE & EQUIPMENT NOLAND CONSTRUCTION CO INC NORTH VALLEY INC NORTHDALE CONSTRUCTION ~ f6$, or;ct , <67 PRECISION PAVEMENT MARKING REDSTONE CONSTRUCTION CO INC RICHARD KNUTSON INC ~ ~85",0~ - 7 t , RYAN CONTRACTING INC S J LOUIS CONSTRUCTION \ S R WEIDEMA INC - ' USF DISTRIBUTION 0 VOLK SEWER AND WATER INC V- "..-- JGO , 72-2.. <iCo 41D'5', '337, 71) W B MILLER INC ENGINEER'S ESTIMATE $ 359,691.70 ~ ~' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , '\ ,j DATE: October 5. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Community Development ITEM NO. David L. Carlberg Community Development Director Sketch Plan Review Kerber's Round Lake Estates North Suburban Development, Inc, Section 29.::) The City Council is requested to review and comment on the sketch plan as being proposed by North Suburban Development, Inc, located in Section 29. The sketch plan consists of five (5) single family urban residential lots. Planning and Zoning Commission Review The Planning and Zoning Commission reviewed the sketch plan on September 14, 1999. The ) Commission was concerned with the traffic on Round Lake Boulevard NW and the alignment with the street entrance into the development with South Coon Creek Drive. Attached is the staff report and minutes from the Planning and Zoning Commission meeting for background information. Park and Recreation Commission Review The Park and Recreation Commission reviewed the sketch plan at their September 16, 1999 meeting and will be recommending the acceptance of cash in lieu of land. Development Policy Guideline Bruce Kerber, representing North Suburban Development, Inc. has requested that the plat be allowed to develop in 2000. As the Council is aware, the Development Policy Guideline requires the preliminary plat to be submitted by July 1 of this year to develop next year. The Council will need to address this request. '\ ,j " CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION September 14, 1999 AGENDA ITEM ORIGINA TINBlaouPJOUMENT APPROVED FOR 6. Public Hearing: Sketch Plan AGENDA Kerber's Round Lake Estates David 1. Carlberg North Suburban Development, Inc. Community Development Director BY: BY: Request The Planning and Zoning Commission is requested to review, comment and hold a public hearing on the proposed sketch plan of Kerber's Round Lake Estates located in Section 29 as presented by North Suburban Development, Inc. General Comments * The proposed sketch plan contains five urban single family lots on 2.67 acres '\ +/-. I ) I : The proposed sketch plan is located in an R-4, Single Family Urban Zoning , District. The minimum lot size in an R-4 District is 11,400 s.f. However, the lots are located in a Shoreland Land Use District of Round Lake. Round Lake is classified as a General Development Lake. Riparian lots (lots with frontage on the lake) that are sewered are required to be a minimum of 15,000 s,f. in size. Lot I is non-riparian and has a minimum lot size requirement of 11,400 s,f. * The proposed sketch plan is consistent with the Andover Comprehensive Plan Land Use Plan as the property is designated RU, Residential Urban. * The property is located in the Metropolitan Urban Service Area (MUSA). The Commission \vill need to discuss the timing of this development in accordance with the Development Policy Guideline. * AHlots shall be required to meet the provisions of Ordinance No. 10, Section 9 .06a( I) which relates to lot size and 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. '\ , ; . DATE '\ "/ Page Two ~ Public Hearing: Sketch Plan - Kerber's Round Lake Estates Section 29 North Suburban Development, Inc. Planning and Zoning Commission Meeting September 14, 1999 * The Water Resource Management Plan shall be implemented with the development. * The 100 year pond elevation shall be identified. 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, Lower Rum River Watershed Management Organization (LRRWMO), 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 must be delineated. The Local Government Unit (LGU) is the LRRWMO. The developer shall contact the LRRWMO 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. 107, Flood Plain Management Ordinance Ordinance No. 108, Shoreland Management Ordinance Ordinance No. 114, Wetland Buffer Ordinance Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy Park and Recreation Commission Comments The Commission will be reviewing the sketch plan at their September 16, 1999 '\ meeting. ) ., J Page Three Public Hearing: Sketch Plan - Kerber's Round Lake Estates Section 29 North Suburban Development, Inc. Planning and Zoning Commission Meeting September 14, 1999 Andover Review Committee Comments The Andover Review Committee (ARC) met on Tuesday, August 31, 1999 to discuss the sketch plan. Comments from the meeting are as follows: * The wetland delineation should be shown on the sketch plan as this is a significant feature as required by Ordinance No. 10, Section 6.03B * Sketch plan should show general location of significant trees. j * IdentifY the 100 year flood elevation - 869. * Indicate Ordinanry High Water (OHW) Mark for Round Lake. * Show setback lines from Round Lake per Ordinance No, 108. * Right-of-way for the cul-de-sac is a 60' minimum radius not 50'. * Need to discuss proposed street alignment with South Coon Creek Drive at Round Lake Boulevard NW. * The buildability of the site needs to be discussed. Fill will most likely be required. * The Commission should discuss a trail or a sidewalk in the development to link the development to the future trail system along Round Lake Boulevard NW. * Lot 1, Block 1 may have insufficient lot depth. I * TKDA comments pending. I Page Four Public Hearing: Sketch Plan - Kerber's Round Lake Estates Section 29 North Suburban Development, Inc. Planning and Zoning Commission Meeting September 14, 1999 * Anoka County Highway Department comments pending. 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. '. ~ City of Andover Sketch Plan Kerber's Round Lake Estates LEGEND . / I SUbject Property 0 350' Mailing Boundary /'V street Center Unes CJ Properties Nctifled N Sowces: A Andover Engineering Andover GIS Anoka Coo.rny GIS Parcels CJ Loll Pa-cel Boondaries CJ Right-<t-Way CJ ware. FeiNes 1 inch = 490 fa:t RF - U,81O Map Date: September 02, 19 , '\ / + , \ ',-) Regular Andover Planning and Zoning Commission -"leeting Minutes - September 14, 1999 Page 4 Mr, Hinzman stated this was correct, and this was one of the matters staff was 4g to address with the new Comprehensive Plan, in that they have created a new Com ehensive Plan District, Transitional Residential, which will anticipate such items coming forw . He explained this district will create an area that is indicated as rural residential, but v.ithin 2020 sewer service range, so that any rezoning of this property when service is availabl will be in compliance with the Comprehensive Plan. He noted that presently, such districts not exist, primarily because this plan was conceived in 1991, prior to the 1996 rule change th required a specific amendment process to the Comprehensive Plan in this type of situation, He ted that after the new Comprehensive Plan is submitted, the present proposal would simPl7 a rezoning, l1--fotion by Daninger, seconded by Jov~vich, to recommend to the City Council approval of Resolution No. R -99, a Resolution..Afnending the Comprehensive Land Use Plan of the City of Andover to Change the Land U e'District Designation from RR, Residential Rural, to RU, Residential Urban Single Fami for Ashford Development Corporation, Inc. at 14xx 161 st Avenue NW (PIN 14-32-24-32-0014 . Motion carried on a 6-ayes, O-nays, I-absent vote, Motion by Hedin, se nded by Falk, to recommend to the City Council adoption of Ordinance No. 8_. an Ordin ce Amending Ordinance No, 8, Section 6.03, Zoning District Map of the City of Andover, M 'on carried on a 6-ayes, O-nays, I-absent vote, ) Mr. an stated these items would be considered at the October 5, 1999 City Council meeting. " PUBLIC HEARISG: SKETCH PLAN - Kerber's Round Lake Estates - FIVE SINGLE FAMILY DETACHED HOMES - 14440 ROUl"y"D LAKE BOULEVARD, NW - NORTH SUBURBAN DEVELOPMENT. City Planner John Hinzman stated the Planning and Zoning Commission is requested to review, comment and hold a public hearing on the proposed sketch plan of Kerber's Round Lake Estates located the west side of Round Lake Boulevard, as presented by North Suburban Development, Inc, Mr. Hinzman stated the sketch plan contains five urban single family lots on slightly less than three acres, He noted urban services were planned for the area, and services are available to the site. He stated that the proposal presents an issue in regard to the timing of the development and the Development Policy Guidelines, \vhich require the sketch plan to be submitted by July 1. He stated that prior to this proposal moving forward in the 2000 development time frame as proposed by the applicant, it \vill require a final decision by the City Council. Mr. Hinzman stated the Andover Review Committee has examined the sketch plan and has provided their comments. He stated one comment pertains to the property, which is located on Round Lake, and therefore is subject to the provisions of the shoreline ordinance in terms of the sizes and setbacks of the lots, He explained the lots located on the lake must be a minimum of 15,000 square feet in area, Regular .-lndover Planning and Zoning Commission Jleeting Minutes - September 14, 1999 Page 5 \ / Mr, Hinzman stated the Andover Review Committee had also provided their comments in regard to issues including the wetland delineation, the ordinary high water mark, and the grading and drainage details of the plan. He explained that the review of the sketch plan is based upon the concept of the use, and not specifically on the engineering, grading and drainage plans, surveying and so forth. He stated these matters would be addressed when the preliminary plat comes forward, and the residents will also be notified during this process. ~1r. Hinzman stated the proposed street alignment is slightly offset, at the area where South Cook Creek Drive intersects with Round Lake Boulevard. He noted the property configuration, which indicates a home located to the northeast, which prevents the street location further to the east. He stated the area of Round Lake Boulevard, coming around the curve to the north, is somewhat treacherous, at present. He noted that within the 2001 time frame, Anoka County is proposing a reconfiguration of Round Lake Boulevard and expansion to four lanes, however, he was not certain how this would affect the proposed junction, Mr. Hinzman stated the subject property is comprised of low areas, and fill will be required to build up the site to allow for the utilities. He added that the Park Board would review this item for park dedication requirements at the September 16 meeting. , , J Mr. Hinzman explained the public hearing for this matter was a new policy, and this process had not previously been utilized for sketch plans, He stated Bruce Kerber, representative of North Suburban Development. the applicant, was present. Commissioner Daninger inquired if staff had received any information from Anoka County regarding the reconfiguration of Round Lake Boulevard, Mr, Hinzman stated staff had submitted the plans, however, they had not yet received any information in this regard. Commissioner Jovanovich inquired if the land adjacent to the proposed site was separate from this property. Mr. Hinzman stated the land to the southwest is ~f Brandon's Lake View Estates, and had gone tax forfeit. He noted this area was also a designated Department of Natural Resources wetland, and there could not be any configuration of that property, Illation by Falk, seconded by Jovanovich, to open the public hearing at 7,20 p.m, Motion carried on a 7-ayes, O-nays, O-absent vote, Nancy Hill, 3595 144'h Avenue NW, stated her home was the fourth lot set in to the west from 144th Avenue, She stated her home \vas on the pond located on the south side of Round Lake, and is not represented on the sketch plan. She inquired if the pond would be left intact. She inquired regarding the distance from the pond to the proposed residential lots. She stated she would like assurances that "he pond will continue to be a habitat for the variety of wildlife that live there. J Regular Andover Planning and Zoning Commission .'-feeling J.\;[inutes - September 14, 1999 Page 6 , "- I Ms, Hill stated the lake utilizes the pond as a water outlet. and the area around the lake has been developed throughout the years, leaving little open area around the lake, with the exception of the proposed site. She stated the pond, therefore, has become more necessary for the support of the wildlife, and preserving the pond is her primary concern, Ms. Hill stated another of her concerns was in regard to Round Lake Boulevard. She stated she had attended a Planning and Zoning Commission meeting where discussion was held regarding the widening of Round Lake Boulevard in 2002, and now proposed for 200 I, She stated she would like to know what changes were going to occur, and that she did not think this development should occur until this happens. She stated she chooses to turn off of Round Lake Boulevard onto 143rd Avenue, a block from her house, because of the bypass lane at this location, where the vehicles can go around her as she makes a left hand turn, and reduces her risk of being rear-ended. She stated she would like to know how many traffic accidents have occurred along that stretch of roadway. , Ms. Hill stated another reason she chooses to turn on 143rd Avenue, rather than her street, is in consideration of the safety of the bicyclists and pedestrians, \vhich was her concern during the previous Planning and Zoning Commission meeting she had attended. Ms. Hills stated she had attempted to find out when the road would be developed beyond 140th Avenue, and was told at that time, this would occur in the year 2002, She stated traffic continues to increase on Round Lake Boulevard, and particularly in light of the construction on Bunker Lake Boulevard. She stated vehicles are constantly passing on the right hand side, which causes a problem for pedestrians. ) Ms, Hill reiterated her concerns regarding the preservation of the pond. the distance from the pond to the residential lots, and the future plans for Round Lake Boulevard, She stated she did not believe this proposal should proceed. prior to the redevelopment of the road, She added, in her opinion, a left turn lane was necessary for the residents of the proposed site to access the property. John La\Vrence, 14516 Round Lake Boulevard, stated he was a resident of the area for 23 years, He stated the plan appeared to be good, however, the Planners have to realize that Round Lake Boulevard is a concern. He stated the City Council has stated many times that this is a County Road, and not their concern, He stated that if the development is allowed to proceed, the street should be realigned in a manner that is safe for the people who were going to live there. Mr. La\Vrence stated the sketch plan does not indicate where the houses will be located, and is very vague, He stated the residents would like to know how far apart the proposed houses would be spaced, to provide they do not lose their sunsets, and that there is no .interference with their tranquil quality of living, \ .I Jerry Fricke stated he was the agent who listed the property, and was representing the family of Ernestine Shephard, the property owner. He stated that Mrs. Shephard and her husband, prior to his passing, had hoped this property would be developed into a single family type residential area. He stated that Mrs, Shephard is presently in her late eighties, and resides in Milaca. He stated she was Regular ..J.ndover Planning and Zoning Commission _~!eeting Minutes-September 14,1999 Page 7 '. , / concerned that if she did not place the property on the market soon, someone would come in and develop multiple family units on it. He stated he was not av,;are whether or not this would occur, however, the present proposal was the best offer NUS. Shephard has ever had, with several others falling through for one reason or another, and she feels this is a very viable operation. Mr, Fricke stated the concerns regarding the wetland would be addressed by the Department of Natural Resources, regardless of the outcome of the situation. He stated, in regard to the problems with the road, tvus. Shephard can not know what will occur. He stated, from his perspective, perhaps stoplights on an in-turn basis would be a solution, Mr, Fricke stated Mrs. Shephard has every hope that this proposal goes forward, and that she would realize some of the benefits of this property, which has been in her family for a very long time. Chris Greendorf, 3615 145m Avenue NW, stated her concern was the impact the proposed homes would have on the lake, and inquired if the Department of Natural Resources has conducted and research in this regard, She stated she has lived at her home for five years, and in that time has noticed changes as a result of other development on the lake. She stated a nearby lot had been cleared to the lake, prior to construction of a house at that location, She stated geese had tended to t10ck in this area, until the home was built. She stated this spring the geese were in the street, and this causes a problem for the geese, as well as for the residents and their pets. , ./ Ms, Greendorf stated she has also noticed many more animals coming up from the lake into her yard, She stated she has a small fenced in yard for her pets, and the water animals have gotten into her fence and become trapped. She stated she \vas not aware if the animals are being driven into the residential areas due to the weather, overpopulation, or the lack of w'etlands. however, this was of major concern to her. Bonnie Keat, 14423 Underclift Street, stated she lived across the pond, west of the proposed development. She stated she had lived at this property for approximately 22 years. She noted that the nearby grocery store utilized a four-way stop at the intersection when she moved into her home, and the area has grown tremendously since that time, Ms, Keat stated a previous proposal for 'this property had been the rezoning and development of apartment buildings. and this resulted instead. in the homes constructed on l44th Avenue, She stated, in her opinion, this was not a bad plan. She stated the Department of Natural Resources must protect the pond and the shoreline. and the residents of the proposed site must be aware of the safety hazards associated with entering and exiting their property, She stated this stretch of roadway was very busy, and she also utilized 143rd Avenue to enter her property, Ms. Keats stated this was the best appearing proposal that has come forward for this property, since , she has lived in the area. She inquired if the property would have to be rezoned. J Regular Andover Planning and Zoning Commission "'feeling Minutes - September 14, 1999 Page 8 .J ~1r. Hinzman stated it "vould not, at this point. He stated the property is presently zoned for single family residential development, and is properly zoned for the present proposal. Ms, Keats stated she realized that some type of development would have to occur in this location, because someone owned the property, and would probably like to benefit from it. Bruce Kerber, Co-owner of North Suburban Development, Inc., the applicant stated the property they had purchased does not come on to the pond. He explained that the property adjacent to the entry road shifts over 50 to 60 feet, and the high ground is in this area, He stated the property is zoned single family unit, and they are proposing to construct this type of home on the property. !'vIr. Kerber noted Mrs. Shephard has owned this property for a considerable amount of time, and she would like to sell it, which is one of her rights. Mr, Kerber stated his company was aware that this proposal required careful consideration, and everything they are proposing to do is in compliance with the City Ordinance, to date. He explained that the issues would be more specifically addressed during the preliminary plat process. '\ Mr. Kerber stated they were attempting to situate the homes on the lots to provide that everyone can benefit from the view. He noted they only have a certain size lot upon which to construct the houses, which would be upper bracket type homes, ) Mr, Kerber noted the concerns regarding he wildlife, and pointed out that the property appears to be mowed, He stated a single-family unit currently exists on the site, and he believed people were living on the property, Mr. Kerber stated he would attempt to answer any questions at this time, He noted they did not have a great amount of information at this stage of the proposal, however, they were interested in gaining public input. Commissioner Daninger inquired if there were any alternatives for the location of the entry road. Mr, Kerber explained the proposed location was the only option they had found to prevent the property from being landlocked, He stated they could not dictate what the County would do, He noted that entering this development would probably not be any more difficult than turning into any others along Round Lake Boulevard, and that anyone with a residence. on that side of the road would face the same situation, unless there was a streetlight in that location, . Mr. Kerber reiterated that the development of Round Lake Boulevard was a County issue, over which they had no control. He stated, however, they could emphasize the concerns to the County, " / There was no other public input. Regular Andover Planning and Zoning Commission ,\leering Minutes - September 14, 1999 , Page 9 I ,\Iotion by Falk, seconded by Daninger. to close the public hearing at 7:37 p,m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Jovanovich stated she traveled Round Lake Boulevard almost daily, and had seen nwnerous accidents at the noted location. She stated she agreed with the residents, and would like to wait until there are improvements to Round Lake Boulevard, prior to further impacting it. Commissioner Apel stated he did not agree with depriving the property o\.Vner of her land rights, while waiting for the County to improve Highway 9. Commissioner Jovanovich stated the issue of how this would affect the other residents should also be considered. Commissioner Daninger stated improvements other than the complete redevelopment of Round Lake Boulevard might also address these issues, He stated he would like to know what the County plans are, however, he did not think the property o\';ner should be deprived of her rights in the meantime. He stated safety was definitely an issue on the road, however, there may be other means by which to " achieve this, such as a stoplight or a speed limit change to 30 miles per hour, / Commissioner Apel stated the Planning and Zoning Commission could not enforce or make rules based upon what the County mayor may not do. He explained the ordinances are very clear in this regard, Commissioner Falk stated there is currently construction on Bunker Lake Boulevard, and many more vehicles are traveling on South Coon Creek Drive, which impacts Round Lake Boulevard, Commissioner Hedin stated it was his understanding that the proposal's submission after July 1 represented that it could not be constructed until 2001. Mr. Hinzman explained that under the Development Policy Guidelines the project could not commence until 2001. He noted the applicant is petitioning to commence in 2000 because they are not looking for an extension of urban services, as they are already present, and because of the size of the development, He explained that whether or not the construction could commence in the year 2000, would ultimately be the decision of the City Council. Commissioner Apel explained the Development Policy Guidelines were-identified for the extension of services, and therefore, the time period requirement. Mr. Hinzman added that primarily, the City's new developments occur in this area, however, the proposed project is more of an "in-fill" development. \ .' Reglllar Andover Planning and Zoning Commission }"feeting Minutes - September 14, 1999 Page 10 Commissioner Hedin inquired if there was any other reason the project could not move fonvard in 2000, l'vlr. Hinzman stated he did not think there would be anything else to prevent the development from proceeding, He reiterated the rule was established for the extension of services, and construction of utilities and streets, to insure there was not too much to handle, in terms of the construction. He noted this property was within the MUSA, and because of the size of the development, the applicant has requested to commence in 2000. Commissioner Hedin inquired regarding the County's plans for Round Lake Boulevard. Mr. Hinzman stated he was uncertain of the County's plans. He noted that if there were plans to signalize South Coon Creek Drive and Round Lake Boulevard, it could possibly be configured it in such a way that it could incorporate the western extension of the proposed entry road. He reiterated staff had not received any comments from the County regarding the sketch plan at this time, however, when they do, they wiII work through the preliminary plat process to see what can be done to address this matter. Commissioner Dalien noted a strip of land indicated on the sketch plan, and inquired if there was adequate frontage on the road to construct a street through this area. " , j Mr. Hinzman explained that the property to the west is an out lot from Brandon's Lake View Estates, a 20-foot strip of land, which is actually a right-of-way, He noted the existing homes, which would prevent the entry road from being relocated, He stated staff would bring these questions forward to Anoka County through the sketch plan and preliminary plat process. to determine a better solution to the problem, Commissioner Hedin stated this information would also be helpful to the Planning and Zoning Commission, Commissioner Apel stated these were really matters that would be addressed by the preliminary plat. He explained the present consideration was the review of the sketch plan to determine if it fits with the Comprehensive Plan, and the City ordinances. Mr. Hinzman explained there are two processes for plats, this being the first phase, during which they were reviewing the conceptual approval of the development. He stated the concerns brought forward at the meeting would be addressed upon approval, and specifically during the preliminary plat stage, He added that the public will again be notified, and. more specific details will be provided, Commissioner Dalien noted the Andover Review Committee had requested the Planning and Zoning Commission discuss trails or sidewalks in the development. He inquired where the future trails would be located. Rt!glllar Andover Planning and Zoning Commission .'vfeeting "\-finutes - September 14. 1999 Page 11 , ) Mr, Hinzman stated there \vas a plan for a trail to be located west of the property. He stated he had perceived this to be a consideration of whether or not it would be advisable to bring a sidewalk or trail system from South Coon Creek Circle into the development, and if this would be necessary. He noted that the Park Board would also address this matter. Commissioner Apel stated this was a matter for the preliminary plat stage, as they would not know the configuration of the property until the engineering work is completed. Commissioner Dalien added that this was an extremely small development, with a short distance along the road where a trail may go, and therefore, it may be unnecessary. Commissioner Hedin stated the right-of-way for the cul-de-sac requires a 60-foot minimum radius, and inquired if this would affect the compliance of the lot sizes. Mr. Hinzman stated at this time, there was not a great deal of dimensional information, however, he did not think it would. He eXplained the original plan for this property indicated a 60-foot radius for the cul-de-sac, and he was not aware of any issues regarding the lot size as a result of this. He added this matter would be examined during the preliminary plat stage. , Commissioner Apel noted that Lot I might have a problem in regard to the lot size requirement. Mr. ) Hinzman stated this was correct, in terms of the depth of the lot. Chair Squires stated it appears from the sketch plan that Lot 3 may also have difficulty meeting the 15,000 square foot size requirement. Commissioner Apel noted this lot line could be easily adjusted through realignment of the lot line \vith 146th A venue, Commissioner Daninger noted a positive aspect of this proposal, in that it will bring to Anoka County's attention, the need for a stoplight or stop sign at this intersection. He noted the County might not see a need for improvement, if not for the development proposal. Mr. Kerber stated that prior to developing, he was the director of a county engineering department, and he felt he would be able to work well with the County of Anoka, in regard to this matter. Chair Squires stated he believed that all issues would be addressed, He stated his main concern was the offset intersection, which on paper, does not appear to be good, however, this is a street that does not go through, and services five d\vellings, He stated he would be much more concerned if it was a through street, or if it entered into a larger parcel that had may more dwellings. He stated he recognized the neighbor's concerns regarding the increased traffic, however, this development would consist of a maximum of five homes, possibly less, if the lots must be reconfigured to meet the lot size requirements, "Glen Sythe, 14462 Round Lake Boulevard inquired where the water and sewer would enter the " jproperty, Regular .-1.ndover Planning and Zoning Commission ,\leeting ,I"finutes - September 14, 1999 ) Page 12 / Mr. Kerber stated the service was located to the east of Round Lake Boulevard, and comes across to Coon Creek. He explained he had a rim elevation of 8,759, and an invert elevation of 8.6609, which provides him with a 9.81-foot depth in which to bring the service to the property. Mr. Hinzman advised there was no formal approval or denial of the plat at the sketch plan stage of the proposal, and the comments of the Planning and Zoning Commission would be forwarded to the City Council, who will consider these, and provide additional comments in regard to this matter. Commissioner Apel stated the residents could attend the City Council meeting, and express their concerns directly. Chair Squires stated the major concerns appeared to focus upon the road and traffic issues, as well as the alignment of South Coon Creek Circle and the entry road. He noted there were some comments regarding the pond, however, the developer had indicated the property would not be located on the pond. He stated the direction of staff should be to research the issues related to the traffic and alignment considerations. Mr. Hinzman stated staff would also research the plans for improvements to Round Lake Boulevard. j Mr. Hinzman stated this matter would be reviewed by the City Council on October 5, 1999. OTHER BUSINESS. Mr. Hinzman updated the Commission regarding recent Council action. He stated the Special Use Permit for Precision Tune located on Bunker Lake Boulevard \vas approved, as well as an ordinance pertaining to Private Dog Kennels, He stated there was discussion regarding the ordinances for accessory structures and fences, and they were approved with the Planning and Zoning Commission's revisions. He stated the variance on North Enchanted Drive had been approved, as well as the variance on I 59th Avenue for a septic system. Mr, Hinzman stated the Northern Natural Gas Pipeline was discussed at the September 7 Council meeting, and there was still no formal resolution to this matter. He noted a Special City Council meeting \vas held on September I, with the Federal Energy Regulatory Commission (FERC) and the residents, regarding the proposed FERC alternate route and the existing route. He stated there were approximately 200 people in attendance at this meeting. '\ , / Mr. Hinzman explained the City Council had requested further information regarding the environmental impacts of the existing pipeline, and the proposed route. He stated FERC had conducted an environmental assessment in regard to this, and had determined the existing line proposed by Northern Natural Gas is not environmentally detrimental. He stated they had also commented that the FERC alternate route was their environmentally preferable route. He stated the CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ I / DATE: October 5,1999 AGENDA SECTION Staff, Committees, Commissions ORIGINATING DEPARTMENT Todd Haas,~ Parks ~ ITEM NO. Approve Purchase of Lap Top Computer/Parks 1 - I The City Council is requested to approve the purchase of a lap top computer for the Park and Recreation Commission which would generally be used mostly by the Chairman as recommended by the Commission, This is proposed to be paid from the park dedication fund. The cost of the computer would be approximately $1,800-$3,000. Note: Attached is a memo from Jean McGann, Finance Director regarding the proposed / purchase of the computer. \ / CITY OF ANDOVER MEMORANDUM DATE: October 1, 1999 TO: Mayor and City Council FROM: Jean McGann, Finance Director RE: PURCHASE OF LAP TOP COMPUTER/PARKS CC: TODD HAAS The City of Andover provides computers for City staff use. If a member of a committee, board or commission has a need for use of a computer, they have always been welcome to utilize the equipment at City Hall. Due to current budget constraints, there are several employees as well as interns without computers at there desks. Employees are required to share. At this time, it would seem fiscally impossible to purchase a laptop for a commission members use when regular employees do not have a computer. As budgets allow, it would be advisable to purchase additional computers. In closing, if there are any Council members not utilizing the laptops provided to them, we would ask them to return it to City Hall. The laptops would then be distributed to employees with out computers. \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION j DATE: October 5. 1999 AGENDA SECTION Staff, Committees, Commissions ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. Discuss Lower Rum River/MN Law 1038.227, Subd 2 ;/, The City Council is requested to discuss the Lower Rum River WMO and MN Law 103B,227, Subd 2. to determine if the City Council agrees with the interpretation of Charles Lefevere of Kennedy and Graven (LRRWMO attorney) or the interpretation made by Ron Harnack, the executive director of the Board of Water and Soil resources (BWSR). Attached is the letter from the WMO attorney dated August 31, 1999, If you recall, the City Council appointed me to the LRRWMO in September 7,1993 with no \ expiration date, If the City Council agrees with the watershed's attorney's opinion, the City / Council could allow me to remain on the WMO until the City Council removes me or I resign, If the City Council sets a term limit and the new law is still in place I would not be able to represent or be reappointed to the WMO at the end of the term, Note: The City received 4 applications, If the City Council allows me to remain on the Commission, Bruce Perry would remain as the alternate, Bruce has been attending all the meetings since his retirement. '\ J Regular Andover City Council Meeting Minutes - September 7, 1993 Page 8 I ./ (Wittington Ridge Sketch Plan Review, Continued) There was considerable discussion on the potential of development outside this plat to the west and south. Mr. Haas felt it would be expensive to have a full-width street going south that can have lots on only one side of it. Mr. Windschitl felt it may be possible to develop lots on both sides. The problem the Council saw with constructing a road to the south is the City having to build any road for access outside of this plat. Councilmember Jacobson then proposed pulling 155th Lane back and construct a cul-de-sac on the end because of the problems with the wetlands to the south and because of the inability of the City to connect with 154th Lane in Nightingale Estates 3rd Addition. If the land to the west will not be developed, the road should not be placed all the way to the property line. The cul-de-sac would shorten the length of the street somewhat. Mr. Windschitl - stated he is proposing rural development because that is the zoning and because he had given up hope on the availability of city sewer in the near future. If the City has plans to provide city sewer, he would be willing to consider removing the front part of the plat for future platting to urban lots to help pay for the sewer line. , ) Discussion was then on the configuration of Lots 4 and 5 in Block 3, as several Councilmembers had a problem with it. Mr. Windschitl explained he is required to submit a minimization plan on water resources, which is what this configuration represents. If it is not acceptable when reviewed as a preliminary plat, he would then have to resubmit a plan. Council agreed with the recommendation to cul-de-sac 155th Lane rather than extend it to the western property line and vary the length of the cul-de-sac if there is no chance for development to the west and south. If there is a chance for such development, the road should go through. Mr. Haas agreed to research that further. The Council also recognized the procedure for minimizing the water resources but generally disagreed with the configuration of Lots 4 and 5 in Block 3. NON-DISCUSSION ITEMS MOTION by Jacobson, Seconded by Perry, in the affirmative on the following Items on tonight's Agenda: 10. Approve lot purchase/Commercial Park/Aircon Electric (lot 5, Block 2) as proposed Approve expenditures/Park Dedication Fund as presented Appoint Lower Rum River Water Management Organization Member, approving Todd Haas to be the LRRWMO member for the City of Andover Approve the 1994 General Fund Budget and tax levy as presented and setting the dates of December 9 and December 16 for the hearings (See Resolution R201-93) II. ~ Ll3. 14. , / '" "~edY .' 470 Pillsburv Center 200 South Sixth S<reer :Vlinl1""polis :vi:"' 55402 (612) .137-9300 telephone (6 \21 3,,-;'-9.1 \ 0 ,:'X htrp: Ilw\vw. kennedy-graven.com (1--3 ~ H ART ERE D CHARLES L. LEFI,VF.IU: A nomr.:y :.it LJ. W Direct Dial (611) 337-9: l5 email: clefevere@kenneuy-:;rJ\.cn.cnnl August 31, 1999 Mr, Steve Jankowski r'h'"'~""""'ar T 0''''13''- n'~""'l Ri."....... '1T'lte-~h""'~ ~tf"'n,.,.......o~~",~t ()..,~....,..;...........t:.""In '-"~I.,..u.",I."'1. J.,.J...J y........&. .1.'-\,.L.1.l J. ,\";1. ,\ """ J...u """"" J.'J.u.J. (45"'.1.1.1'1...1.... .......;.5....411.1..:........".1\..1.1. City of Ramsey 15153 Nowthen Boulevard Ramsey MN 55303 RE: ,Interpretation of Minnesota Statutes Section l03B.227, Subd. 2 Dear Steve: / At the last meeting of the Commissioners of the LR~vVNI0, it was decided to request my recommendation regarding the restructuring of the mem:1ership of the LRR WMO, The question raised relates to an amendment recently made to Minne::ota Statutes Section 103B.227, Subd, 2, Language has been added to that subdivision which sta~es that "After December 31, 1999, staff of local units of government that are members of the wa~ershed management organization are not eligible to be appointed to the board," I believe that in previous correspondence with the cities which are members of the LRRWNI0, I have indicated ;'.1at there is a difference of opinion about the meaning of this language, Ron Harnack, the Executive Director of BWSR, has t:lken the position that this language means that all members c f joint po\vers watershed man,lgement organizations who are city staff must be replaced by Jan'"ary 1,2000, However, it is my opinion, for the reasons set forth below, that the law means that appoinrmc:nts made after December i \, 1999 must not be city staff, but that appointments made prior to th,\[ time an: eligible to compldc their terms of office, Minnesota Statutes Section 645 contains, among other things, ntles for constntction, or interpretation, of the language of legislation, One of the fundamental tenets of interpretation at laws is found at Minnesota Statutes Section 645,08 (1) which provides. in part: "Words and phrases are construed according to ntles of grammar and according to their common and approved usage" ," The statutory language in questilJn states that. after December 31, sur'!' members "are not eligible to be appointed", It does not ,my that staff members appoinred prior to that date are not eligible to complete their terms, The common and ordinary usage at appointment means something different than service, [n fact, the sentence preceding the I1C'.\ sentence in Subd. 2 states that "The notice must state tl':at persons interested in being appoim;:,,: to :;erve on the watershed management organization may submit their names to the appoll1ti:;;; authority Cor consideration," Therefore, the legislature apparently understands the distinction .I CLL-168C65 LW105.! Mr, Steve Jankowski August 30, 1999 , Page 2 of 3 J between being appointed and serving in a posItion, members are ineligible to serve as board members, appointed, The language does not say that staff Rather, it says they are ineligible to be: I understand that Mr, Harnack has indicated that it is his belief that the legislature intended the law to mean that staff members are ineligible to serve, However, Minnesota Statutes Section 645,16 provides, in part, that "When the words of a law in their application to an existing situation are clear and free from all ambiguity, the letter uf the law shall not be disregarded under the pretext of pursuing the spirit." It seems to me that ,he letter of the law in this case clearly provides that staff members ar.:: not eligible for appoi:lLniC.llt. It tioes not say chat they are ineligible to serve, even if that was the intent of some legislator. " Another canon of construction of legislative intent is found at Minnesota Statutes Section 645,\7 (1) which provides that, "The legislature does not inter:i a result that is absurd, impossible 01' execution, or unreasonable; "," Mr, Harnack's interpret~ltlon leads to a result which seems to me to be unreasonable, It will require, in many cases, tile wholesale replacement of an entire watershed management organization board at one time, It is unusual for an organization with broad responsibilities such as a watershed managemer:t organization to have its entire board removed from office at one time, In the case of watershed districts, a di fferent kind of watershed management organization, state law specifically providc.~ that BWSR must stagger the terms of the commissioners so that, as nearly as possible, only or.e.third of the members will be replaced each year. The legislature obviously understood the iraportance of continuity to maintain an orderly transition in the case of watershed districts, Th'~re is no reason to think that this same rationale would not apply to watershed management organizations, , / It should also be noted that the result of removing perS('TIS from office during their term, which will occur under Mr, Harnack's interpretation, is an eXl"aordinary result. I would not give the opinion that a law should be interpreted to cause removal from office unless the law in question was entirely clear that such removal was intended, In the case of joint powers watershed management commissioners, the law provides, at Minnemta Statutes Section 103B,227. Subd, :; that appointing authorities may remove members of wacershed management organizatIOns oniy for just cause, The interpretation that commissioners serving unexpired terms should be removeJ from office obviously results in removal which will not b,~ for cause, Minnesota Statutes Section 645,21 provides that "No law shall be construed to be retroactive unless clearly and manifestly so intended by the legislature," The effect of Mr. Harnack's interpretation would be to remove people from office who have previously been validly and lawfully appointed to office, Since the law does not clearly and manifestly show an intent th;!t this result should occur, I do not believe that it should be given retroactive application in this way, , , J For the reasons noted above, it is my opinion that the law does not require that staff members appointed to the board of a joint powers WMO prior to December 31, 1999, must be removed ,IS Cll-168065 LWI05-1 Mr, Steve Jankowski August 30, 1999 Page 3 of 3 " , / of January 1,2000, Appointments made after December 31, 1999, must be appointments of persons who are not staff of the local units of government. However, appointments made prior to that date may continue to serve out their unexpired terms, I recognize, however, that there is a difference of opinion on the interpretation of this law, Therefore, I have generally been advising watershe(! management organizations that the interpretation of the law is best left to the appointing authority (city councils) after consultation with the city attorney, If a city concludes that the lavv' requires its staff representative to be replaced as of January 1,2000, I have recommended that the new appointee be recognized by the \\TMO, Likewise, if a city interprets the law in such a way as LO allow previously made appointments to continue to serve, I would also recOi:lmend that the city's appointment be honored, ) For cities which are making new appointments, Minnes~ta Statutes Section 103B,227, Subd, 2 requires that notice of vacancy, stating that persons inter'~sted in being appointed to serve on the watershed management organization may submit their n;lInes to the city for consideration, must be published at least once in a newspaper of general circulation in the watershed management area. I have heard many reports from cities which have indicated that few, if any, expressions of interest are received in response to these publications, Therefore, if the cities wish to assure that they continue to have representatives who are availabk to meet at the time and place of the regular meeting, motivated, reasonable, knowledgeable, and interested, they may have to exert some greater effort to assure that good representatives are found and appointed, " Please let me know if you have any questions, Very tmly yours, ~~ Charles L. LeFevere CLL:lh / CLL.168C65 L WI05-1 ~ . ,.ec. 126. Minnesota Statutes 1998, section 103B.227, subdivision 2, is amended to read: Subd. 2. [NOTICE OF BOARD VACANCIES.] Appointing authorities for watershed management organizatton board members shall publish a notice of vacancies resulting from expiration of members' terms and other reasons. The notices must be published at least once in a newspaper of general circulation in the watershed management organization area. The notices must state that persons interested in being appointed to serve on the watershed management organization board may submit their names to the appointing authority for consideration. After December ;~~ ~~~~ ~a~f ~f local units of go.ve~ment that ar~ ~embers of a s e anagement orgamzatIon are not eligIble to be appointed to the board. Published notice of the vacancy must be given at least 15 days before an appointment or reappointment is made. " . - / . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: October 5, 1 999 AGENDA SECTION ORIGINATING DEPARTMENT Staff, Committee, Commission Community Development ITEM NO. Schedule Work Session Right-Of-Way Management Ordinance No,247 6, David L. Carlberg Community Development Director The City Council is requested to schedule a work session to review and discuss Ordinance No, 247, Right-Of-Way Managment Ordinance. The City Council temporarily tabled the approval of the ordinance at the September 21, 1999 meeting to schedule a work session. November 9, 1999 is a possible work session date. / " / '\ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE October 5. 1999 AGENDA SECTION Non- Discussion ORIGINATING DEPARTMENT Finance ~~ Jean D, McGann ~, lITEM NO. Approve 2000 Water and Sewer Rate REQUEST: The Andover City Council is requested to approve the proposed water and sewer rates for 2000 as discussed at the Budget Workshop on September 20, 1999. The proposed increases result in the sewer fees increasing by '\ $1.00 per quarter and the water rates increasing by approximately 5%. These increases are a result of the J analysis conducted by Howard R. Green Company and staff at the City of Andover. The analysis does take into consideration the combining of Area A and Area B that is effective January 1,2000. BACKGROUND: Effective January 1, 1997 the Andover City Council approved utility rates for 1997,1998 and 1999. At that time, the Council indicated that discussions on rate increases would need to occur in 1999 for 2000. Attached is an analysis from consultants Howard R. Green Company as well as a comparison of current rates to proposed rates, " , / , ) CITY OF ANDOVER UTILITY RATES 9/17/999:04 AMBook1 Proposed Water Rates 2000 1999 Base Rate $/Connection $ 7.30 $ 7.30 Water Usage Rates 1st 10,000 Gallons $ 1.03 $ 0.98 10,001 through 20,000 $ 1.06 $ 1.01 20,001 through 24,000 $ 1.10 $ 1.05 , , 35,001 through 60,000 $ 1.17 $ 1.12 ' / 60,001 through 100,000 $ 1.25 $ 1.20 100,001 through 200,000 $ 1.40 $ 1.35 200,001 and above $ 1.65 $ 1.60 Proposed Sewer Rates 2000 1999 Area A $ 44.50 $ 31.50 '\ " / Area B $ 44.50 $ 43.50 r i- .I: \ ) t- o M \0 0 t- V") 0 V") 0 M ...... ...... N N M V") t- O 00 ...... ...... ...... ..... ...... - ...... N b'7 b'7 b'7 b'7 b'7 b'7 b'7 b'7 \0 0 M \0 0 t- V") 0 V") 0 M ...... ...... N N M V") r; 0 00 ...... ...... ...... - - - - N b'7 b'7 b'7 b'7 b'7 b'7 b'7 b'7 II) 0 00 - V") N 0 V") 0 0 M 0 ...... ...... N M "<t r; 0 . . 00 - - - ..... - - ..... N b'7 b'7 b'7 b'7 b'7 b'7 b'7 b'7 "<t 0 00 ..... V") N 0 V") 0 0 M 0 ..... ..... N M "": t- O 00 ..... - ...... ..... ..... ..... ..... N b'7 b'7 b'7 b'7 b'7 b'7 b'7 b'7 ell c:: f"l 0 .3 00 ..... V") N 0 V") 0 0 M c; 0 ..... ..... N M "<t t- O 00 etl ..... - - - ..... ..... - N b'7 0 b'7 b'7 b'7 b'7 b'7 b'7 b'7 00 0 ~ 0 Eo-< ...... -< N 0 ... M \0 0 t- V") 0 V") ~ 0 M I1.l 0 0 ...... - N "<t \0 C- O t- ...... ...... ...... - - - - ~ N - b'7 ell b'7 b'7 b'7 b'7 b'7 b'7 b'7 Co-' 0 -< U t- OO I ;:l ..... 0 M \0 0 t- V") 0 V") '<!' 0 M ~ 0 ...... - N "<t \0 r;:;J ~ 0 t- ...... ...... ...... ...... ...... - ...... ...J r;:;J N b'7 b'7 b'7 b'7 b'7 b'7 ~ ~ ~ Eo-< -< -< Eo-< ~ 0 M \0 0 t- V") 0 V") 0 Q 0 M 0 0 ...... ..... N "<t \0 r;:;J 0 t- ...... ...... ...... ..... - ...... ..... 00 N b'7 b'7 b'7 b'7 b'7 b'7 b'7 b'7 0 c.. 0 ~ 0'\ 0 00 ..... V") N 0 V") 0 c.. 0'\ M C\ 0 ~ - C"! M 'l:! 0'\ t- O ..... ...... - ...... ..... - ..... b'7 b'7 b'7 b'7 ~ b'7 b'7 ~ 00 0 00 ...... V") N 0 V") 0 0'\ M C\ 0 0 ...... N M \0 0'\ t- O ..... ...... ...... ...... ...... ...... ..... b'7 b'7 b'7 b'7 b'7 b'7 b'7 ~ 0 c:: 0 0 .9 0 0 0 0 0 0 0 0 O. 0 u 0 O. O. 0 0 g ell ell 0 V") 0 0 N I1.l I1.l :> - <= c:: N M \0 ...... - 0 (3 ~ 0 ..c:: - ..c:: - Co .0 U ell Co ell Co ;::s ce -- I1.l co ;::s ;::s ;::s ;::s 0 "0 b'7 ell 0 0 0 0 ... -5 c:: ce 0 ... ... ... ... ce 2 ell 0 - ..c:: -5 ..c:: ;:l 0_ - - ...... - .:;; ...... ...... ...... ...... 0 0 ..... ... 0 0 0 0 0 0 0_ e..l I1.l ...... q, 0_ 0 q, :r. <= ~ 0 0 ce ~ ell 0 0 V") 0 0 0 c:::: ...... ...... N M \0 ...... N '" 8 .c .... c:. ~ u o 00 :;l ." .... " / o M , '=l" '\ J ,/-14-1':r::r:1 1'(:21 r HI< I.JI<~~N I...u. C~. o~~ ~~~j r.L~~.~ VI. REVENUES A. SEWER FUND \ ./ Sewer Fund revenues generated from quarterly user fees are used to finance annual operation, maintenance and administration costs of the sewer system. These costs include the amount paid to the Metropolitan Council Environmental Services (MCES) for sewer service, Depreciation is also included as a Sewer Fund expense. Revenues collected from quarterly sewer user fees were estimated using the projected number of service connections and the proposed quarterly rates. Through 1999, the user fees were split between Area A and Area 8. Customers in Area A were charged $31,50 per unit per quarter and customers in Area 8 were charged $43.50 per unit per quarter. After 1999, all users in Area A and Area 8 will be charged a unifonn rate. Projected yearly totals for sewer usage revenues using proposed rates are shown in Table VIII. The rates were detennined so that Sewer Fund revenues would exceed , projected Sewer Fund expenses over the next 10 years. Quarterly fees should be ' set at $44,50 in 2000 and should increase by $.50 per year through 2005. The quarterly fee should then increase by $3.00 each year from 2005 through 2008, and by $3.25 in 2009 and 2010. '\ I -"..... -.-.. Table VIII: Projected Annual Sewer Fund Revenue Proposed Number of Projected Sewer Projected Sewer Year Quarterly Fee Connections Fund Revenue Fund Revenue Per Connection Per Quarter Annually 2000 $44,50 5.385 $239,633 $958,593 -- , , . ..0- 2001 $45.00 5.724 $257,580 $1,030,384 .. .-- 2002 $45,50 6,062 $275,821 $1,103,348 --.----. 2003 $46,00 6,400 $294,400 $1,177,665 ,-, ... 2004 $46.50 6,738 $313,317 $1,253,334 . . ..._ .. .'0 __ . 2005 $47,00 7,076 $332,572 $1,330,355 2006 $50.00 7,149 $357,450 $1.429,828 2007 $53,00 7,222 $382,766 $1,531,048 2008 $56,00 7,295 $408,520 $1,634,014 2009 $59,25 7,367 $436,495 $1,746,096 2010 $62.50 7,465 $466,563 $1,866,312 Residential customers are assumed to account for one unit. Non-residential customers are charged based on the number of SAC units they are assigned, where each SAC unit is equivalent to one residential unit, 8, TRUNK FUND , '\ , " / Trunk Fund revenues are generated from sewer area charges and sewer connection fees. Currently, sewer connection revenues are based on a uniform residential O:\PROJ\flOO260J\Revised Report 0-99 8 SEP 14 '99 17:05 '::"1 '::L1L1 ?'?AO ~r.""'" 4n \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " } DATE: October 5 , 1999 AGENDA SECTION N on-Discussion ORIGINATING DEPARTMENT Finance ITEM No.7, Tax Rate Certification Back!!:round: In 1999 a new law was passed that requires all cities over 500 population to pass a resolution certifying the tax rate for the upcoming year if the new tax rate is higher than the current year. The City of Andover falls under these requirements as identified by Chapter 243, Art. 6, Sec 2 of Minnesota Statue 204B,135, subd, 5, This resolution must be filed with the County Auditor by October 20, 1999. Even though this resolution will be filed with the County, the City still has the authority to certify the final 2000 levy that results in a constant or decreased tax rate, The current proposal is to increase taxes by 4,1 % as presented at the last budget workshop, This increase is reflective of the maximum levy limitation, Request: The Andover City Council is requested to schedule a Public Hearing October 19, 1999 on the Tax Rate Certification. , .I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City of Andover is required to hold a Public Hearing on the 2000 Tax Rate Certification at 7:00 p,m" or as soon thereafter as can be heard, on Tuesday, October 19, 1999 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. The City of Andover falls under these requirements as identified by Chapter 243, Art.6, Sec 2 of Minnesota Statue 204B.135, subd.5. This increase is reflective ofthe maximum levy limitation. The City still has the authority to certify the final 2000 levy that results in a constant or decreased tax rate, All written and verbal comments will be received at that time. Please contact Richard Fursman, City Administrator with any questions at (612) 755-5100. BY ORDER OF THE CITY COUNCIL CITY OF ANDOVER / Victoria V olk, City Clerk Publication dates: October 8, 1999 October 15, 1999 , , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " J DATE October 5.1999 AGENDA SECTION N on-Discussion FINANCE DEP Alll'MENT Jean McGann ,--\n-.. ITEM NO. f, Declare Costs and Order Assessment Roll/1999 Delinquent Utility Service Charges REOUEST The Andover City Council is requested to adopt the attached resolution declaring costs and ordering the assessment roll for the purpose of certifying the delinquent sewer, water and street lighting service charges. '. j BACKGROUND: Section 8 of Ordinance 32, Section 30 of Ordinance 55 and Section 8 of Ordinance 86 provide for the collection by assessment of unpaid sewer, water and street light service charges respectively, The total delinquent utility service charges were $ 21,372.83 as of September 30,1999, when written notification to the property owners and preparation of the preliminary assessment worksheets began. Payments received prior to the proposed hearing date of November 2, 1999, will be applied to the customers accounts to reduce or remove the proposed assessment from the preliminary roll. Delinquent balances as of November 2,1999, will be charged an administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for collection with the 1999 taxes. The list of delinquent accounts is available in the Finance Department for review. A copy of the letter to delinquent accounts is attached. / , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -99 MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges in the amount of $ 21,372,83 exist as of September 30, 1999; and WHEREAS, Section 8 of Ordinance 32, Section 30 of Ordinance 55 and Section 8 of Ordinance 86 provide for the collection by assessment of unpaid water, sewer and street light service charges respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: " 1, The amount of the cost to be assessed against benefited property owners is declared to be $ 21,372,83 plus an administrative fee of 15%. 2. Assessment shall be payable in equal annual installments extending over a period of 1 year. The first of the installments to payable on or before the first Monday in January 2000, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution, 3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be assessed against every assessable lot, piece or parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 4, The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof, MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this 5th day of October ,19 99, with voting in favor of voting Councilmembers the resolution, and Councilmembers against, whereupon said resolution was declared passed, CITY OF ANDOVER ) ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk , " October 6, 1999 New Homeowner's Name Address Andover, MN 55304 Dear New Homeowner: While preparing the delinquent utility listing for certification to the property taxes we noticed that the fmal bill on this property had not been paid. We have sent the previous owner several fmal bill notices and are doing everything we can to collect these charges. The attached notice, which was also sent to the previous owner, states the delinquent amount on the lower left comer. The purchase agreement and/or closing documents used during the purchase of the property usually require the seller to pay all utility billings. . J Since the city is not a party to this contractual agreement we are informing you of this situation so you can contact your closing company or previous owner to determine who is responsible for these charges and to arrange payment. The city ordinance states delinquent utility charges are to be assessed to the property taxes. These charges will be certified at the November 2, 1999, council meeting if they are not paid by this time. Should you have any questions or need additional information, please feel free to contact Connexus Energy's customer service at 323-2650. We would like to see payment made by the appropriate party and are willing to help in any way possible, you may also call us at 767-5113. Sincerely, CITY OF ANDOVER Charlene Welu Utility Billing Clerk I , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: October 5.1999 AGENDA SECTION Non-discussion' ORIGINATING DEPARTMENT Finance Brian A. Swanson ITEM NO. Reduce Letter of Credit - Woodland Creek 3rd Addition #92-20/Special Assessments q. Reduce Letter of Credit - Woodland Creek 3rd Addition #92-20 Reauest: The Andover City Council is requested to approve the reduction ofletter of credit #98-20 to $3,745.82 , \ in favor of the City of Andover provided by The Bank of Elk River on behalf of Woodland '.) Development Corporation. This reduction results in a $8,817.46 decrease. \ \. ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION :) DATE: October 5.1999 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT Finance Brian A. Swanson ITEM NO. Reduce Letter of Credit - Woodland Creek 4th Addition #93-31/Special Assessments /6. Reduce Letter of Credit - Woodland Creek 4th Addition #93-31 Reouest: The Andover City Council is requested to approve the reduction of letter of credit #98-21 to $17,339.10 \ in favor of the City of Andover provided by The Bank of Elk River on behalf of Woodland J Development Corporation. This reduction results in a $10,199.91 decrease. '\ j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \. ) DATE: October 5. 1999 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT Finance Brian A. Swanson ITEM NO. Reduce Letter of Credit - Woodland Creek 5th Addition #95-l/Special Assessments II. Reduce Letter of Credit - Woodland Creek 5th Addition #95-1 Reouest: The Andover City Council is requested to approve the reduction ofletter of credit #98-22 to $19,607.97 \. in favor of the City of Andover provided by The Bank of Elk River on behalf of Woodland ) Development Corporation. This reduction results in a $4,292.03 decrease. , ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " DATE: October 5. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINA TING DEPARTMENT Todd Haas, Engineering /' ITEM NO. ./ Order Plans & Specs/99-34/Sunshine Park Parking LoU TraillmprovementslWest Side 1:2. The City Council is requested to approve the resolution ordering the improvement of parking lot and trail improvements at Sunshine Park, Project 99-34 as requested by the Park and Recreation Commission. By approving this item, it will also allow staff to at least do the survey work before the snow season starts. Attached is a map of the parcels where the parking lot and picnic area would be proposed to be constructed. Currently the two parcels are owned by Anoka County. Staff is currently working with the County to obtain the parcels in regard to exchanging the property and in return the City would give right-of-way along Crosstown Boulevard NW. . J This will be forthcoming for the City Council regarding the exchange of property hopefully in the next few months. Note: Anoka County is aware the City wants to construct a parking lot on the parcels. \ J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 99-34 FOR SUNSHINE PARK PARKING LOT & TRAIL IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the parking lot and trail; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Darkino lot & trail ,Project 99-34; and -' BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enoineer to prepare the plans and specifications for such improvement project MOTION seconded by Councilmember and adopted by the City Council at a reoular meeting this ~ day of October ,19--.illL, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk ~i\ I "9 ~ ~... 1i;' I 1.', . !'.J I ::;- ;_~_. --.- I \ I ; SJ;C. 22. T: 32. R. 24 , J CITY OF ANDOVER , " @ CEKTClt ~zz ~ r'--.. ~T. ol.> -0-........ Ji 0'0 I: ~1~ ~~ ;1:' ,I-' {lJ ~~ ~1iil ~~', !i~ :it : ~i,~ ~:(;j - ilii !J-- :'1'1 :~ 1,~ "I (II .Z U: 11 '0:(:' , .~ 18 ) @ (JJ "-" ". 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ZZ 8 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , J DATE: October 5.1999 ITEM NO. Declare Costs/Order Assessment Roll/ 97-35/The Farmstead IJ. ORIGINA TING DEPARTMENT Todd Haas,~ Engineering AGENDA SECTION Non-Discussion/Consent Item The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of sanitary sewer, watermain, storm sewer and streets, for Project 97-35, The Farmstead. Attached is the assessment worksheet prepared by staff for your review. There have been deferred assessments that have been paid off since the feasibility report was prepared. They are indicated as previously paid in the deferred assessment column. . , If you have any questions, feel free to contact me at 767-5131. . / " / J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 97-35. THE FARMSTEAD. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 117.096.76 so that the total cost of the improvement will be $117.096.76. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: , / 1. 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 $ 117.096.76 . 2. Such assessments shall be payable in equal annual installments extending over a period of 5 years. The first of the installments to be payable on or before the 1 st Monday in January 2000, and shall bear interest at the rate of 6 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 Councilmember and adopted by the City Council at a reoular meeting this 5th day of October, 19--.illL, with Councilmembers voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: \ J J.E. McKelvey - Mayor Victoria Volk - City Clerk PROJECT 97-35 (THE FARMSTEAD) ASSESSMENT WORKSHEET SANITARY SEWER (proposed area charges) (Previously Assessed) (Acres) 1.49 0.66 6.04 1.31 9.5 Acres (previously assessed) . , ) 13-0059 14-0002 14-0006 14-0007 TOTAL TOTAL AREA OF SITE = 10.79 Acres 10.79 Acres - 9.5 Acres = 1.29 Acres 1.29 Acres x $1,065 $1,104 per Acre (1997) (1998) Rate = $1,373.86 $1.424.16 WATERMAIN (proposed area charges) (Previously Assessed) (Acres) 1.49 0.66 6.04 1.31 9.5 Acres (previously assessed) 13-0059 14-0002 14-0006 14-0007 TOTAL TOTAL AREA OF SITE = 10.79 Acres 10.79 Acres - 9.5 Acres = 1.29 Acres 1.29 Acres x $1,130 $1,171 per Acre (1907) (1998) Rate = $1.467.7Q $1.510.59 SANITARY SEWER (proposed connection charges) Connections (units) (deferred assessments) o o 1 (87-27) previously paid 1 (87-27) previously paid 2 . , . / Connections (units) (previously assessed) 13-0059 1 14-0002 0 14-0006 0 14-0007 Q 1 140 units - 1 unit (previously assessed) = 139 units 2 units (deferred) @ $211.15 for each unit = $422.30 (previously paid off) 42+ 75 units @ $290.00 (1907) $300.00 (1998) for each unit = $39.730,00 $22.500.00 TOTAL $4Q,162.3Q $22.500.00 Note: When the feasibility report was prepared staff identified 140 units. Since then the Metropolitan Council has determined the project should be charged 78 units. So therefore credits were given for previously assessed units. Connections (units) (previously assessed) 13-0059 1 14-0002 1 14-0006 15 14-0007 () 3 4720 , , / WATERMAIN (proposed connection charges) Connections (units) (deferred assessments) o o o ~O ~o 1 140 units - 4+ 20 units (previouslv assessed) =~ 120 units a units (deforred ) @ $900 for eaGh unit - $2,700.00 ~ 58 units @ $1,223.00 (1997) $1,275.00 (1998) for each unit = $1 <17,000,00 $73.950.00 TOTAL $149.700.00$73.950.00 , ) Note: When the feasibility report was prepared staff identified 140 units. Since then the Metropolitan Council has determined the project should be charged 78 units. So therefore credits were given for previously assessed units. (previously assessed) 13-0059 $7,867.24 14-0002 0 14-0006 0 14-0007 0 SANITARY SEWER (proposed lateral charge) (deferred assessments) o o $2,010.94 (87-27) previously paid $2.010.94 (87-27) previously paid $4,021.88 TOTAL SANITARY SEWER ASSESSMENT = $4,021.88 $0.00 WATERMAIN (deferred assessments) o o $1,627.96 (87-27) previously paid $1.627.96 (87-27) previously paid $3,255.92 (previously assessed) 13-0059 $4,660.52 14-0002 $3,942.75 14-0006 $4,218.25 14-0007 0 TOTAL WATERMAIN ASSESSMENT = $3.266.92 $0.00 STORM SEWER (deferred assessments) o o $1,334.35 (87-27) previously paid $1.334,35 (87-27) previously paid $2,668.70 (previously assessed) 13-0059 $5,086.86 14-0002 0 14-0006 0 14-0007 0 TOTAL STORM SEWER ASSESSMENT = $2.&&8.70 $0.00 STREET (previously assessed) 13-0059 $7,293.37 14-0002 0 14-0006 0 14-0007 0 (deferred assessments) o o $2,031.83 (87-27) previously paid $2.031.83 (87-27) previously paid $4,063.66 \ , / TOTAL STREET ASSESSMENT = $4,Q&3.&& $0.00 SANITARY SEWER PROPOSED ASSESSMENT $ 1,a7d.85 $ 1,424.16 $ <1,021.88 $ 0.00 $ <10,152,aO $22.500.00 $ 46,648.03 $23,924.16 TOTAL Area Charges Laterals Connections 2 WATERMAIN PROPOSED ASSESSMENT $ 1,457.70 $1,510.59 $ 2,255.92 $ 0.00 $149,700,00 $73,950.00 $ 46,648.03 $75,460.59 STORM SEWER PROPOSED ASSESSMENT $ 0.00 $ 2,661HO $ 0.00 $ 0.00 $ 2,668.70 $ 0.00 STREETS PROPOSED ASSESSMENT $ 4,Oe2.ee $ 0.00 $ 4,063.66 $ 0.00 Area Charges Laterals Connections \ I TOTAL Area Charges Laterals Connections TOTAL Laterals TOTAL BIKEWA YIWALKWA Y ASSESSMENT $W $7.60 x 900 ft. - $9,000.00 $6,840.52 + 2 = $4.600.00 $3.420.26 TOTAL (Developer's Responsibility) 50% City - 50% Developer along Bunker Lake Boulevard TOTAL $4,600.00 $3,420.26 Estimated Assessment Cost (Developer's Responsibility) Sanitary Sewer Watermain Storm Sewer Streets BikewaylWalkway ; Engineering (20%) City Expenses-Public Works/Engineering of improvement costs Aerial Mapping (1 % of 8tfea improvement costs) Drainage Plan (0.3% of improvement costs) Assessing (1% of improvement costs) Bonding (0.5% of improvement costs) City Expenses Publio "'"arke/Engineering Testing (Braun Intertec) Street Signs & Pavement Markings Construction Interest TOTAL PROPOSED ASSESSMENT COST TOTAL ESTIMATE PER UNIT = $ 45,548.02 $ 23,924.16 $154,412.e2 $ 75,460.59 $ 2,ee8.70 $ 0.00 $ 4,Oe2.ee $ 0.00 $ 4.500.00 $ 3.420.26 $211,194.01 $102,805.01 $ 42,228.80 $ 9,388.88 $ 40.e4 $ 1,028.05 $ e,225.82 $ 308.42 $ 2,111.94 $ 1,028.05 $ 1,055,97 $ 514.02 $ 2,500.00 $ 0.00 $ 5,000.00 $ 215.63 $ 1,808.70 $ 0,00 $270,497.28 $117,096.76 (Block 1, Lot 1) $ 1,922.12 $ 836.41 (140 units total) NOTE: Block 1, Lots 2-4 have been previously assessed as part of Woodland Creek. 97-35,doc / 3 r't7 -3!r ~ Metropolitan Council n Working for the Region. PlannIng for the Future \ J Environmental Seroices December 16, 1997 Dave Almgren Building Inspector City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304-2612 Dear Mr. Almgren: The Metropolitan Council Environmental Services Division has determined SAC for the Presbyterian Homes ofMN to be located at Bunker Lake Blvd. within the City of Andover. This project should be charged 78 SAC Units, as determined below. SAC Units . \ } Charges: Assisted Living 63 - I bdrm x 1.5 people/unit = 94,5 people 5 - 2 bdrm x 2.0 people/unit = 10,0 people 104.5 people @ 3 people/SAC 34.83 Independent Living 36 - 1 bdrm x 1.5 people/unit = 54 people 30 - 2 bdrm x 2.0 people/unit = 60 peoole 114 people @ 3 people/SAC Cottages 6 - 2 bdrm x 2.0 people/unit = 12 people @ 2.5 people/SAC 38,00 4.80 Total Charge: 77.63 or 78 If yon hi1vC any questions, call me ut 602-1113. Sincerely, ~-" '7 . '~ '-:... j I : " . ,. --. Jodi L. Edwards Staff Specialist Municipal Services Section . \, J JLE: 971216S1 cc: S, Selby, MCES John Mehrkens, Senior Housing Partners 2:_~O f.a...,' Fii"th Sln't'( St. (1:1111. \-HlIl1t'SOla .~;)IOI.IG:~:~ lol:!1 :.!22./'l..2:.l r..L\: 229.21 H:3 TDD/TfY:.!:!U-T,';(; ::'1"'" ,II'I"'~"."!'" :-';I':P{"!I'" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: October 5.1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. Declare CosUOrder Assessment RolI/98-32/ 3512 - 142nd Avenue NWIWM I</" The City Council is requested to adopt the resolution declaring cost and ordering preparation of assessment roll for Project 98-32 for the improvement of watermain at 3512 - 142nd Avenue NW. The proposed assessment was determined under Project 94-17, Quickstrom's Addition. , \ / ; CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT 98-32, 3512 - 142ND AVENUE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: \. WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 4.267.35 so that the total cost of the improvement will be $ 4.267.35 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 $ 4.267.35 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 2000 ,and shall bear interest at the rate of 6 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 Councilmember and adopted by the City Council at a reoular meeting this ~ day of October, 19--.illL, with Councilmembers voting in favor of the resolution, and Councilmembers , voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor '. Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 5. 1999 AGENDA SECTION Non Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Appoint Members Cedar Creek Greenway Task Force John Hinzman, City Planner /5'. Request The City Council is asked to appoint the following people to the Cedar Creek Greenway Task Force: \. . Jim Lindahl, Park and Recreation Committee . Douglas Falk, Planning and Zoning Commission . David Parent, Resident - 17900 Aztec St. NW . Dennis Nelson, Resident - 4015 17 6th Avenue NW J Cedar Creek Greenway Project Anoka County Parks has received a $25,000 grant from the Minnesota Department of Natural Resources, for the purpose of conducting a greenway feasibility study on the Cedar Creek Corridor in the northwestern portion across the Cities of Oak Grove and Andover. The Green way consists of approximately 9,000 acres. It is envisioned that the greenway corridor would established to protect a unique natural resource attributes along the creek using a variety of land protection options such as conservation easements. Recreation development would be a secondary consideration The Task Force would meet three or four times to help establish project goals and objectives. " / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 5. 1999 AGENDA SECTION Non Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Comp Plan Amend 99-02 RR, Rural Residential to RU, Residential Urban Single Family t 4xx t 61 st Avenue NW Ashford Development It. John Hinzman, City Planner Request The City Council is asked to review an amendment to the Comprehensive Plan to change the land use district designation from RR, Residential Rural to RU, Residential Urban Single Family. The proposed site is approximately 13.7 acres and is located at 14xx 161" ./ Avenue NW, generally located between Chesterton Commons North Addition and 161'1 Avenue NW The Comprehensive Plan Amendment is submitted in conjunction with a rezoning to R-4, Single Family Urban. Plannin~ and Zonin~ Commission Action The Planning and Zoning Commission voted 6-0 (1 absent) to recommend approval of the request at the September 14, 1999 meeting with limited discussion. Please consult the attached staff report and minutes for more information. Attachments . Resolution for Approval . Planning and Zoning Commission Minutes ~ September 14, 1999 . Planning and Zoning Commission Staff Report ~ September 14, 1999 J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / RES. NO. R -99 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM RR, RESIDENTIAL RURAL TO RU, RESIDENTIAL URBAN SINGLE FAMILY FOR ASHFORD DEVELOPMENT CORPORATION, INC. AT 14XX 161sT AVENUE NW (PIN 14-32-24-32-0014). WHEREAS, Ashford Development Corporation, Inc. has petitioned to change the land use district designation from RR, Residential Rural to RU, Residential Urban Single Family on approximately 13.7 acres legally described as follows: The Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. Except the West 660.00 feet of the south 555,80 feet of the North 1184.86 feet as measures at right angles to the North and West lines thereof. Also except the North 689.06 feet of that part of said Northwest Quarter of the Southwest Quarter lying West of the East 300.00 feet as measured at right angles to the North and West lines, Also except the North 463 feet of the East 270 feet of said Northwest Quarter of the Southwest Quarter as measured at right angles to the North and East lines thereof. Also except that part of the property platted as CHESTERTON COMMONS NORTH ADDITION. Subject to County State Aid Highway No. 20, County State Aid Highway NO. 78, and easements of record, if any, And .I That part of the North 689.06 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota as measured at right angles to the North line thereoflying West of the East 300 feet as measured at right angles to the East line thereof and lying East of the West 660 feet as measure as right angles to he West line thereof, Except there from the North 397.00 feet as measure at right angles to the North line thereof lying West of the East 330 feet as measured at right angles from the East line thereof and lying East of the West 660 feet as measured from the West line thereof. Subject to County Stat Aid Highway No. 20 as delineated in Anoka County Highway Right-of-Way Plat No. 20. Subject to easements of record, if any. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare ofthe City of Andover; 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 ofthe 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 5th day of October 1999. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk , , \ 'J . :', .' :.....,. .~;-~.:-t;~r..;..::.<:.:';.:..~ .":. -::.-';....;./:..~.; '-,;.'-..'._r;o;~~~~,~~,C~';;,:",!-"'.'~..r:'~.~~~:;:_"'::::;""'='~:":f":_ CITY of ANDOVER 'LA.:."'NING AND ZONING COMJ.lIISSION MEETING - SEPTEMBER 14,1999 MINUTES The Regular Bi-Monthly Meeting of the Andover Plarining and Zoning Commission was called to order by Chairperson Jay Squires on September 14, 1999, 7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. ' Commissioners present: Maynard Apel (Commissioner Apel joined the meeting at 7: 17 p.m.), , Larry Dalien, Dean Daninger, Douglas F alk. Mark Hedin, Bev, Jovanovich, and Jay Squires. , ': None . '- .~ '. City Planner John Hinzman Others Commissioners absent: Also present: APPROVAL OF MINUTES. August 24. 1999 / J.Uotion by Jovanovich, seconded by Daninger, the Minutes be approved as submitted. Motion carried on a 6-ayes, O-nays, I-absent vote. PCBLIC HEARLVG CONTINUED: SPECIAL USE PERMIT (SUP 99-15) - ANTE''''NA IN EXCESS OF 35 FEET IN HEIGHT - 31."\.x SOUTH COON CREEK DRIVE NW - US WEST WIRELESS, LLe. City Planner John Hinzman stated the applicant has requested this item be tabled. J'Y[otion by Daninger, seconded by Jovanovich, to table the public hearing to the September 28, 1999 Planning and Zoning Commission Meeting. Motion carried on a 6-ayes, O-nays, I-absent vote. Chair Squires requested that the following agenda items be combined for consideration. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (CPA 99-02) - LAND USE DISTRICT CHANGE FROM RR, RESIDENTIAL RURAL TO RU, RESIDENTIAL URBAN SINGLE FAMILY -14xx 161sT A VENUE NW -ASHFORD DEVELOPMENT CORP., INe. PUBLIC HEARING: REZONING (REZ 99-02) - REZONE FROM R-I, SINGLE FAMILY RURAL TO R-4, SINGLE FAMILY URBAN - 14:cx 161ST AVENUE NW - ASHFORD ;, DEVELOPMENT CORP., INe. Regular Andover Planning and Zoning Commission ,....feeting Minutes - September 14, 1999 Page 2 , / City Planner John Hinzman stated the first portion of this application is the Comprehensive Plan Amendment to change the land use district designation from RR, Residential Rural to RU, Residential Urban Single Family. He stated the subject property is presently designated for rural residential uses, which is comparable to the uses within the City's R-I, Single Family Rural Zoning District. He noted the site is approximately 13.7 acres, and is located in the southeast area of Hanson Boulevard, and 161 51 Avenue NW, adjacent to the Chesterton Commons North Addition. Mr. Hinzman commented on the applicable ordinances, which include the Minnesota State Statutes, which stipulate that rezoning must conform to the Comprehensive Plan. Mr. Hinzman stated the area to the south of the subject property is designated Urban Residential, and includes the Chesterton Commons North Addition development. The surrounding property to the west and east, south of 161Sl Avenue, is designated to be Urban Transitional Residential in the proposed Comprehensive Plan. He explained this designation will represent the areas in which City sewer and water services are planned to expand over the coming years, and the subject property is designated for sewer service in the 200 I time frame. Mr. Hinzman stated item 5 is the rezoning of the property from the R-I, Single Family Rural Zoning District, to R-4, Single Family Urban Zoning District, and otherwise incorporates many of the same Issues. " , / Mr. Hinzman explained in conjunction with a Comprehensive Plan amendment for the rezoning of property, a plan is typically submitted. He noted there had been some sketch plans prepared for this site over the years, however, one had not been formally submitted. He added that in accordance with the Development Policy Guidelines, the earliest construction date for this site would be in 200 I. Mr. Hinzman reviewed the Planning and Zoning Commission's options for action. iVotion by Oalien, seconded by Jovanovich, to open the public hearings for items 4 and 5, at 7.07 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. There was no public input. Motiof! by Falk, seconded by Jovanovich, to close the public hearings for items 4 and 5, at 7:08 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Commissioner Falk inquired if the Metropolitan Council had commented regarding the Comprehensive Plan. Mr. Hinzman stated the Comprehensive Plan had not been submitted in entirety, however, staff has submitted some draft plan amendments, and the Metropolitan Council has not had any issues with regard to the City's designation area for sewer service through 2020, or any of the associated uses. J Rt!glllar Andover Planning and Zoning Commission JIeeting A/inutes - September 14, 1999 Page 3 '. , J Chair Squires inquired if Highway 20 was located to the north of the proposed site. NIT. Hinzman stated this was correct. He explained there was a 60-foot area to the north which would meet the minimum requirement for the right-of-way distance, and there will be a street extension from 161 st Avenue, linking the Chesterton Commons North Addition. Commissioner Hedin questioned why all the other parcels were not being rezoned simultaneously. Mr. Hinzman stated a similar question had come forward in the past, in regard to an area that was surrounded by urban residential development. He noted the residents had expressed concerns at that time regarding a possible increase in the tax value of the property, as a result of an urban residential designation, and a similar concern may exist in this situation. He stated that staff could investigate this matter. Commissioner Hedin inquired if the Tax Assessor had been consulted in this regard. Mr. Hinzman stated staff has inquired, and were informed by the Tax Assessor that the determination of assessments is based upon the anticipation of where sewer service will go, as well as the rezoning of the property. He explained that when an area is proposed for an urban designation, the service is probably incorporated into the value of the property, however, to what extent he was uncertain. Commissioner Hedin stated the proposed site is designated for se\ver service in 200 I, and he thought " it unlikely the surrounding properties would not also have services available. , J Mr. Hinzman stated this would depend upon where the sewer trunk is located. He stated he did not believe a trunk had been proposed along Hanson Boulevard, and servicing some of those homes might be difficult, due to the long distance required to travel in order to connect, unless the properties were subdivided into smaller lots. He stated the possibility exists, however, the matter has not been thoroughly examined, Chair Squires inquired if the properties were all within the same development window. Mr. Hinzman stated this was correct, they were within the development window of the 200 I sewer service. He explained that the 200 I designation indicates that service will be available, however, it does not necessarily mean that a property owner will have to subdivide his property or connect into the service at that time. Commissioner Falk inquired if the residents to the north of the proposed site could utilize the sewer service if they desired. Mr. Hinzman stated they could, if it is available, and if they desired to pay the cost of connecting to it, which would depend upon the distance to the line. Chair Squires stated the negative aspect to this proposal was that it necessitated the review of the Metropolitan Council. He noted it was probably a somewhat tedious process to examine these matters on a case by case basis. , , / Regular Andover Planning and Zoning Commission ....leeting Minutes - September 14, 1999 Page ./ I / rvfr. Hinzman stated this was correct, and this was one of the matters staff was attempting to address with the new Comprehensive Plan, in that they have created a new Comprehensive Plan District, Transitional Residential, which will anticipate such items coming forward. He explained this district will create an area that is indicated as rural residential, but within the 2020 sewer service range, so that any rezoning of this property when service is available will be in compliance with the Comprehensive Plan. He noted that presently, such districts do not exist, primarily because this plan was conceived in 1991, prior to the 1996 rule change that required a specific amendment process to the Comprehensive Plan in this type of situation. He stated that after the new Comprehensive Plan is submitted, the present proposal would simply require a rezoning. !vlotion by Daninger, seconded by Jovanovich, to recommend to the City Council approval of Resolution No. R -99, a Resolution Amending the Comprehensive Land Use Plan of the City of Andover to Change the Land Use District Designation from RR, Residential Rural, to RU, Residential Urban Single Family for Ashford Development Corporation, Inc. at 14x,'C 16151 Avenue NW (PIN 14-32-24-32-0014). Motion carried on a 6-ayes, O-nays, I-absent vote. Jl1otion by Hedin, seconded by Falk, to recommend to the City Council adoption of Ordinance No. 8_, an Ordinance Amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover. Motion carried on a 6-ayes, O-nays, I-absent vote. . ) Mr. Hinzman stated these items would be considered at the October 5, 1999 City Council meeting. PUBLIC HEARING: SKETCH PLAN - Kerber's Round Lake Estates - FIVE SINGLE FAJU/LY DETACHED HOJl;fES - 14440 ROUND LAKE BOULEVARD, NW - NORTH SUBURBAN DE VEL OP,UENT. City Planner John Hinzman stated the Planning and Zoning Commission is requested to revie\v, comment and hold a public hearing on the proposed sketch plan of Kerber's Round Lake Estates located the west side of Round Lake Boulevard, as presented by North Suburban Development, Inc. Mr. Hinzman stated the sketch plan contains five urban single family lots on slightly less than three acres. He noted urban services were planned for the area, and services are available to the site. He stated that the proposal presents an issue in regard to the timing of the development and the Development Policy Guidelines, which require the sketch plan to be submitted by July 1. He stated that prior to this proposal moving forward in the 2000 development time frame as proposed by the applicant, it will require a final decision by the City Council. Mr. Hinzman stated the Andover Review Committee has examined the sketch plan and has provided their comments. He stated one comment pertains to the property, which is located on Round Lake, and therefore is subject to the provisions of the shoreline ordinance in terms of the sizes and setbacks of the lots. He explained the lots located on the lake must be a minimum of 15,000 square feet in area. , , / " __,I CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: September 14,1999 ITEM NO. 4 ORIGINATING DEPARTMENT Public Hearing: CPA 99-02 Land Use Change RR to RU 14xx 161" Avenue NW Ashford Development Corp., Inc. Planning John Hinzman~ City Planner Request The Planning and Zoning Commission is asked to review an amendment to the Comprehensive Plan to change the land use district designation from RR, Residential Rural to RU, Residential Urban Single Family. The proposed site is approximately 13.7 acres and is located at 14xx 161" A venue NW, generally located between Chesterton Cornmons North Addition and 161 st Avenue NW , , / The Comprehensive Plan Amendment is submitted in conjunction with a rezoning to R-4, Single Family Urban. Applicable Ordinances Minnesota State Statute Chapter 473.858 states, "If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan... after August 1, 1995, a local governmental unit shall not adopt any fiscal device or official control which is in conflict with its comprehensive plan." Land Use Plan and Zoning Map Often times, the land use plan and the zoning map are confused and thought to be the same. The land use plan is general in nature and long range, the zoning map is short range and precise. The land use plan sets the general guidelines for: use by the Planning Commission and City Council in reviewing and evaluating development proposals. The zoning map is a tool to implement the land use plan. The land use map delineates the general land use areas by type, such as residential, industrial, and commercial. The zoning ordinance and accompanying map set forth and further refines permitted uses in each zone and establishes requirements for each use in specific zones. ~/ '\ - _/ Page Two CPA 99-02 RR to RU 14xx 161" Avenue NW Adjacent Land Use Adjacent land use within 350' of the site includes the following: North East South West · RR, Residential Rural- 161" Avenue - unplatted rural residences · RR, Residential Rural- unplatted rural residences · RU, Residential Urban Single Family - Chesterton Commons North Add. · RR, Residential Rural - unplatted rural residences General Review \ . The site is generally level and treeless · Five rural residences exist within 200 feet of the site. · The proposed area is adjacent to existing municipal services. · The proposed site is designated for 2001 municipal sewer and water service in the draft Comprehensive Plan. · The proposal is consistent with adjacent land uses. · Although formal development plans have not been submitted, potentially 25-30 new homes could be constructed on the proposed site. , ~ ~ / Commission Options The Planning and Zoning Commission has the following options: 1. Recommend approval of the proposed land use change. 2. Recommend denial of the proposed land use change, citing those reasons for doing so. 3. Table the item pending additional information from staff or the applicant. Recommendation Staff recommends approval of the comprehensive plan amendment, subject to the approval by Metropolitan Council. Attachments . Resolution for Approval . Site Location Map . Site Pictures . / . Application · Notice of Public Hearing " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM RR, RESIDENTIAL RURAL TO RU, RESIDENTIAL URBAN SINGLE FAMILY FOR ASHFORD DEVELOPMENT CORPORATION, INC. AT 14XX 161sT AVENUE NW (PIN 14-32-24-32-0014). WHEREAS, Ashford Development Corporation, Inc. has petitioned to change the land use district designation from RR, Residential Rural to RU, Residential Urban Single Family on approximately 13.7 acres legally described as follows: The Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. Except the West 660,00 feet of the south 555.80 feet of the North 1184.86 feet as measures at right angles to the North and West lines thereof. Also except the North 689,06 feet of that part of said Northwest Quarter of the Southwest Quarter lying West of the East 300.00 feet as measured at right angles to the North and West lines. Also except the North 463 feet of the East 270 feet of said Northwest Quarter of the Southwest Quarter as measured at right angles to the North and East lines thereof. Also except that part of the property planed as CHESTERTON COMMONS NORTH ADDITION. Subject to County State Aid Highway No. 20, County State Aid Highway NO. 78. and easements of record, ifany. And \ , That part of the North 689,06 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota as measured at right angles to the North line thereof lying West of the East 300 feet as measured at right angles to the East line thereof and lying East of the West 660 feet as measure as right angles to he West line thereof. Except there from the North 397,00 feet as measure at right angles to the North line thereof lying West of the East 330 feet as measured at right angles from the East line thereof and lying East of the West 660 feet as measured from the West line thereof. Subject to County Stat Aid Highway No. 20 as delineated in Anoka County Highway Right-of-Way Plat No. 20. Subject to easements of record , if any. 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; 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 5th day of October 1999. CITY OF ANDOVER -' ATTEST: J.E. McKelvey, Mayor Victoria Volk, City Clerk t~ City of Andover ice 12 o en 2 <( ,I I . \ 2 \ i >t- o o.,~ LJ I t I ' ! 1:It !Q) !<( / I LEGEND i I: I Subject Property 0 ?BY Mailing Boundary I \I street Center lines EJ PropertIeS Notified Parcels D Lot I Parcel Boundanes o Riglt-d-W<ry o Wau.r Fealures Proposed Land Use Change Ashford Development Corp. 14xx 161st Ave. _I I . .' 1326 N A Sources: Andover Engineering Andover CIS Anoka County GIS 1 inelt ~ 4~ f.;ct RF -l:S,ilil3 Map Date: September 02, 199 , '\, / , ) . '1 '- ~/ Looking North from Chesterton North Addition / ../ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 ~ \. ..... ", .... . ::' ~~- . ~~:.-.~'f~/';:~ ;~.<-~) :.J:~~"-:; ..... :~':;-:.~ :;.::. .':._-..7':.-'.:~ :'.. '.' '~'. Property Address . CO~rPREHENSIVE PLAN AMENDMENT' , REOUEST FORM / tf;c 1Z /!J/~ f~-vJ}...) t/i/d' . -~ . . . ." - Legal ,Description ofProperty:,5d'-,..!+ :.r~c.~Go~' kS,~I.De.I<i:-'h/,n,-! p,;,~, P~4-/~:~ :' ..... t? ,....' " (F'll' hi h 0 0 t) CE1-.l.. j, O,J -....J... . .4^-'ct. o//.}_~ hLI q..y .!?:lCL.;.j,"T~ . ., h i~;;>~\,., . '" ',' ~t"!. ~.~r~:!~{~r!.':~":'i~~%ot'#t~!2~:~~';.~~;":;'~~~~~1[1 PINIl..f- ]J.":;)(j-ii-Q,/4 (If metes and bounds, attach the complete legal description).. . .' \. ) ReasonforRequest TO C",,,, r-c.........." ~,Clfe.. 0':: ~ //J.-<',;"'~'7 ' r " .':' L. R /...." ,1c,-' ..J C (/ ~ 0,-,1._ ~" ~'-:)I.q". u.le.. {' .....1 S'~:;;.'-" ,'. .-1 vel C ..,1'.;....- IS' c... ~ ~~:}~_I.., A."J Th...:.... J...~1.;._-r;r A~..':'J' " ! . I '. '- lC:17C:';"'Tt:_ (t.--'k..t_J ~"'t.."'''-Jl. ,/...(' .TI,./f( ,4?J.-t'-"'l- I~ ---rh:, V<.'.,,-,,-;- /..)''7-1,'1-, X ,.....T~{7 /(, 7 /7c~..? Current Land Use District .{2. - f Requested Land Use District I!. _l.../ , ---------- Name of Applicant ;'-1 J'l, n - ..1 D-c t...';; I,~ /...J..1."-J "~-.:_4Tl,-"", -"'~. Address J i.~ t.;'O /)'.;2 A- rl Home Phone LI;27 - <";;J. / 7 L AA-<'" N tV Business Phone '127- Ci Y...?.r Fa'( Number L(.'J. 7 -0 'I J j~ Signature h !v ~ , ,----- ~:-~~/ Date /f/l/ /<'/7 Property O"'-ner (Fee O\mer) I' (rf different from above) Address '. / Home Phone Business Phone Signature Date '\ J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold two public hearings at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, September 14,1999 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the following requests of Ashford Development Corporation, Inc. (pIN 14-32-24-32,0014): I) Comprehensive Plan Amendment, change land use district designation from RR, Residential Rural to RU, Residential Urban Single Family. 2) Rezone from R-I, Single Family Rural to R-4, Single Family Urban. The proposed parcel is approximately 13.7 acres and is located at 14x.'C 161st Avenue NW, legally described as follows: ; The Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. Except the West 660.00 feet of the south 555.80 feet of the North 1184.86 feet as measures at right angles to the North and West lines thereof. Also except the North 689.06 feet of that part of said Northwest Quarter of the Southwest Quarter lying West of the East 300.00 feet as measured at right angles to the North and West lines. Also except the North 463 feet of the East 270 feet of said Northwest Quarter of the Southwest Quarter as measured at right angles to the North and East lines thereof. Also except that part of the property platted as CHESTERTON COMMONS NORTH ADDITION. Subject to County State Aid Highway No. 20, County State Aid Highway NO. 78, and easements of record. ifany. And That part of the North 689,06 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32. Range 24. Anoka County, Minnesota as measured at right angles to the North line thereof lying West of the East 300 feet as measured at right angles to the East line thereof and lying East of the West 660 feet as measure as right angles to he West line thereof. Except there from the North 397.00 feet as measure at right angles to the North line thereof lying West of the East 330 feet as measured at right angles from the East line thereof and lying East of the West 660 feet as measured from the West line thereof. Subject to County Stat Aid Highway No. 20 as delineated in Anoka County Highway Right-of,Way Plat No. 20. Subject to easements of record. if any. All written and verbal comments will be received at that time. A copy of the proposed application will be available for review prior to the meeting at City Hall. Please contact John Hinzman, City Planner with any questions at (612) 755-5100. ,/1 Publication dates: September 6, 1999 September 13, 1999 / ?rN 143224230009 :::MMERICH LAWRENCE F & KAREN A 13'" '61ST AVE \',NER, MN 55304 ~rN 143224230004 JLMSCHEID STEVEN A & CHERYL A .487 161ST AVE NW \NDOVER, MN 55304 ~IN 143224320009 30YER DOUGLAS J & JANET L .422 161ST AVE NW \NDOVER, MN 55304 ~IN 143224320006 rHE1S ALLAN R & THERESA A .5941 HANSON BLVD NW \NDOVER, MN 55304 'IN 143224320017 ., ) 'IN 143224320020 'rN 143224330006 '[N 143224330014 'IN 143224330020 'p. /;224330023 PIN 143224310003 PETERSON DONALD H 01374 161ST AVE NW ANOKA, MN 55304 PIN 143224230008 Swisher John & Heidi 1433 [61st Ave Andover, MN 55304 PIN 143224310003 1374 16[st Ave Andover, MN 55304 PIN 143224320011 TIBBETIS MARK R [444161STAVENW ANDOVER, MN 55304 PIN 143224320014 Ashford Development Ine 3640 152nd LN Andover, MN 55304 PIN 143224310001 LASHINSKI JAMES & JANET 1326161ST AVENW ANDOVER, MN 55304 PIN 143224330049 PIN 143224330048 PIN 143224320018 PIN 1432243200[9 PIN 143224320021 PIN 143224330047 PIN 143224330007 PrN 143224330008 PIN 143224330013 PIN 143224330019 PIN 143224330021 , PIN 143224330022 PIN 143224330024 PrN 143224330025 \ , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 5. t 999 AGENDA SECTION Non Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Rezoning 99-02 R- t, Single Family Rural R-4, Single Family Urban Ashford Development John Hinzman, City Planner /7. Request The City Council is asked to review a rezoning from R-l, Single Family Rural to R-4, Single Family Urban at 14xx 161't Avenue NW for Ashford Development Corp., Inc. The proposed site is approximately 13.7 acres and is located at 14xx 161 ,t Avenue NW, generally located between Chesterton Commons North Addition and 161't Avenue NW J The rezoning is submitted in conjunction with a comprehensive plan amendment to RU, Residential Urban Single Family. PlanniDl~ and Zonin~ Commission Action The Planning and Zoning Commission voted 6-0 (1 absent) to recommend approval of the request at the September 14, 1999 meeting with limited discussion. Please consult the attached staff report and minutes for more information. Attachments . Resolution for Approval . Planning and Zoning Commission Minutes ~ September 14, 1999 . Planning and Zoning Commission Staff Report - September 14, 1999 \. . J CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA \. / ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows (PIN 14-32-24-32-0014): 1) Rezone from R-l, Single Family Rural to R-4, Single Family Urban on approximately 13.7 aces legally described as follows: The Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. Except the West 660.00 feet of the south 555.80 feet of the North 1184,86 feet as measures at right angles to the North and West lines thereof. Also except the North 689,06 feet of that part of said Northwest Quarter of the Southwest Quarter lying West of the East 300.00 feet as measured at right angles to the North and West lines. Also except the North 463 feet of the East 270 feet of said Northwest Quarter of the Southwest Quarter as measured at right angles to the North and East lines thereof. Also except that part of the property platted as CHESTERTON COMMONS NORTH ADDITION. Subject to County State Aid Highway No, 20, County State Aid Highway NO. 78, and easements of record, ifany. And j That part of the North 689.06 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota as measured at right angles to the North line thereoflying West of the East 300 feet as measured at right angles to the East line thereof and lying East of the West 660 feet as measure as right angles to he West line thereof, Except there from the North 397.00 feet as measure at right angles to the North line thereof lying West of the East 330 feet as measured at right angles from the East line thereof and lying East of the West 660 feet as measured from the West line thereof. Subject to County Stat Aid Highway No. 20 as delineated in Anoka County Highway Right-of-Way Plat No, 20. Subject to easements of record, if any, Said ordinance amendment is subject to compliance with the comprehensive plan. NOTE: All other sections ofthe 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 5th day of October 1999. CITY OF ANDOVER ATTEST: I.E. McKelvey, Mayor Victoria V olk, City Clerk '\ ,~ ./ " .' :'>"": :/:r..~"~;-' :-';>"-<;::";'::'. .~~ .::..:.j ....-,:;.: ~" ~'.. '-::"-'._',rp~~~~~'~~~~" '~;.:.-.::\~~:-.r:'~r~~~"::.~_~~:-."?t~.~f-:- CITY of ANDOVER 'LANNING AND ZONING CO~!J}/lSSION MEETING - SEPTEMBER 14, 1999 MINUTES -' The Regular Bi-Monthly Meeting of the Andover Plarining and Zoning Commission was called to order by Chairperson Jay Squires on September 14, 1999,7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. ' Commissioners present: Maynard Apel (Commissioner Apeljoined the meeting at 7:17 p.m.)" Larry Dalien, Dean Daninger, Douglas Falk, Mark Hedin, Bev Jovanovich, and Jay Squires. . _ '::. None City Planner John Hinzman Others Commissioners absent: Also present: APPROVAL OF MINUTES. August 24. 1999 i / llJotion by Jovanovich, seconded by Daninger, the Minutes be approved as submitted. Motion carried on a 6-ayes, O-nays, I-absent vote. PUBLIC HEARIi'.fG CONTINUED: SPECIAL USE PERJ.WIT (SUP 99-15) - ANTENNA IN EXCESS OF 35 FEET IN HEIGHT - 31xx SOUTH COON CREEK DRIVE NW - US WEST WIRELESS, LLe. City Planner John Hinzman stated the applicant has requested this item be tabled. lWotion by Daninger, seconded by Jovanovich, to table the public hearing to the September 28, 1999 Planning and Zoning Commission Meeting. Motion carried on a 6-ayes, O-nays, I-absent vote. Chair Squires requested that the following agenda items be combined for consideration. PUBLIC HEARING: COlv[PREHENSIVE PLAN AMENDMENT (CPA 99-02) - LAND USE DISTRICT CHANGE FROi1l RR, RESIDENTIAL RURAL TO RU, RESIDENTIAL URBAN SINGLE FAMILY -14xx 161sT A VENUE NW -ASHFORD DEVELOPMENT CORP., INe. PUBLIC HEARING: REZONING (REZ 99-02) - REZONE FROM R-l, SINGLE FAMILY RURAL TO R-4. SINGLE FAMILY URBAN - 14xx 161ST AVENUE NW - ASHFORD DEVELOPMENT CORP., INe. \ , , / Regular Andover Planning and Zoning Commission ,'.-Ieering Minutes - Seprember 14, 1999 Page 2 \ / City Planner John Hinzman stated the first portion of this application is the Comprehensive Plan Amendment to change the land use district designation from RR, Residential Rural to RU, Residential Urban Single Family. He stated the subject property is presently designated for rural residential uses, which is comparable to the uses within the City's R-I, Single Family Rural Zoning District. He noted the site is approximately 13.7 acres, and is located in the southeast area of Hanson Boulevard, and 1615t Avenue NW, adjacent to the Chesterton Commons North Addition. Mr. Hinzman commented on the applicable ordinances, which include the Minnesota State Statutes, which stipulate that rezoning must conform to the Comprehensive Plan. Mr. Hinzman stated the area to the south of the subject property is designated Urban Residential, and includes the Chesterton Commons North Addition development. The surrounding property to the west and east, south of 1615t Avenue, is designated to be Urban Transitional Residential in the proposed Comprehensive Plan. He explained this designation will represent the areas in which City sewer and water services are planned to expand over the coming years, and the subject property is designated for sewer service in the 2001 time frame. Mr. Hinzman stated item 5 is the rezoning of the property from the R-I, Single Family Rural Zoning District, to R-4, Single Family Urban Zoning District, and otherwise incorporates many of the same Issues. J Mr. Hinzman explained in conjunction with a Comprehensive Plan amendment for the rezoning of property, a plan is typically submitted. He noted there had been some sketch plans prepared for this site over the years, however, one had not been formally submitted. He added that in accordance with the Development Policy Guidelines, the earliest construction date for this site would be in 2001. Mr. Hinzman reviewed the Planning and Zoning Commission's options for action. Motion by Dalien, seconded by Jovanovich, to open the public hearings for items 4 and 5, at 7.07 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. There was no public input. illation by Falk, seconded by Jovanovich, to close the public hearings for items 4 and 5, at 7:08 p.m. Motion carried on a 6-ayes, O-nays, I-absent vote. Commissioner Falk inquired if the Metropolitan Council had commented regarding the Comprehensive Plan. Mr. Hinzman stated the Comprehensive Plan had not been submitted in entirety, however, staff has submitted some draft plan amendments, and the Metropolitan Council has not had any issues with regard to the City's designation area for sewer service through 2020, or any of the associated uses. \ \.~ .j Regular Andover Planning and Zoning Commission J\leeting Alinutes - September 14, 1999 Page 3 \ / Chair Squires inquired if Highway 20 was located to the north of the proposed site. Mr. Hinzman stated this was correct. He explained there was a 60-foot area to the north which would meet the minimum requirement for the right-of-way distance, and there will be a street extension from 161st Avenue, linking the Chesterton Commons North Addition. Commissioner Hedin questioned why all the other parcels were not being rezoned simultaneously. Mr. Hinzman stated a similar question had come forward in the past, in regard to an area that was surrounded by urban residential development. He noted the residents had expressed concerns at that time regarding a possible increase in the tax value of the property, as a result of an urban residential designation, and a similar concern may exist in this situation. He stated that staff could investigate this matter. Commissioner Hedin inquired if the Tax Assessor had been consulted in this regard. Mr. Hinzman stated staff has inquired, and were informed by the Tax Assessor that the determination of assessments is based upon the anticipation of where sewer service will go, as well as the rezoning of the property. He eXplained that when an area is proposed for an urban designation, the service is probably incorporated into the value of the property, however, to what extent he was uncertain. \ Commissioner Hedin stated the proposed site is designated for sewer service in 2001, and he thought it unlikely the surrounding properties would not also have services available. / Mr. Hinzman stated this would depend upon where the sewer trunk is located. He stated he did not believe a trunk had been proposed along Hanson Boulevard, and servicing some of those homes might be difficult, due to the long distance required to travel in order to connect, unless the properties were subdivided into smaller lots. He stated the possibility exists, however, the matter has not been thoroughly examined. Chair Squires inquired if the properties were all within the same development window. Mr. Hinzman stated this was correct, they were within the development window of the 2001 sewer service. He explained that the 2001 designation indicates that service will be available, however, it does not necessarily mean that a property owner will have to subdivide his property or connect into the service at that time. Commissioner Falk inquired if the residents to the north of the proposed site could utilize the sewer service if they desired. Mr. Hinzman stated they could, if it is available, and if they desired to pay the cost of connecting to it, which would depend upon the distance to the line. Chair Squires stated the negative aspect to this proposal was that it necessitated the review of the Metropolitan Council. He noted it was probably a somewhat tedious process to examine these matters on a case by case basis. " J Regular Andover Planning and Zoning Commission lv/eeting Minutes - September 14, 1999 Page 4 .I Mr. Hinzman stated this was correct, and this was one of the matters staff was attempting to address with the new Comprehensive Plan, in that they have created a new Comprehensive Plan District, Transitional Residential, which will anticipate such items coming forward. He explained this district will create an area that is indicated as rural residential, but within the 2020 sewer service range, so that any rezoning of this property when service is available will be in compliance with the Comprehensive Plan. He noted that presently, such districts do not exist, primarily because this plan was conceived in 1991, prior to the 1996 rule change that required a specific amendment process to the Comprehensive Plan in this type of situation. He stated that after the new Comprehensive Plan is submitted, the present proposal would simply require a rezoning. Motion by Daninger, seconded by Jovanovich, to recommend to the City Council approval of Resolution No. R -99, a Resolution Amending the Comprehensive Land Use Plan of the City of Andover to Change the Land Use District Designation from RR, Residential Rural, to RU, Residential Urban Single Family for Ashford Development Corporation, Inc. at 14xx 161 sl Avenue NW (PIN 14-32-24-32-0014). Motion carried on a 6-ayes, O-nays, I-absent vote. Motion by Hedin, seconded by Falk, to recommend to the City Council adoption of Ordinance No. 8_, an Ordinance Amending Ordinance No.8, Section 6.03, Zoning District Map of the City of Andover. Motion carried on a 6-ayes, O-nays, I-absent vote. \ J Mr. Hinzman stated these items would be considered at the October 5, 1999 City Council meeting. PUBLIC HEARING: SKETCH PLAN - Kerber's Round Lake Estates - FIVE SINGLE FAMILY DETACHED HOMES - 14440 ROUND LAKE BOULEVARD, NW - NORTH SUBURBAN DEVELOPJHENT. City Planner John Hinzman stated the Planning and Zoning Commission is requested to review, comment and hold a public hearing on the proposed sketch plan of Kerber's Round Lake Estates located the west side of Round Lake Boulevard, as presented by North Suburban Development, Inc. Mr. Hinzman stated the sketch plan contains five urban single family lots on slightly less than three acres. He noted urban services were planned for the area, and services are available to the site. He stated that the proposal presents an issue in regard to the timing of the development and the Development Policy Guidelines, which require the sketch plan to be submitted by July 1. He stated that prior to this proposal moving forward in the 2000 development time frame as proposed by the applicant, it will require a final decision by the City Council. Mr. Hinzman stated the Andover Review Committee has examined the sketch plan and has provided their comments. He stated one comment pertains to the property, which is located on Round Lake, and therefore is subject to the provisions of the shoreline ordinance in terms of the sizes and setbacks of the lots. He explained the lots located on the lake must be a minimum of 15,000 square feet in area. I , ) ) \. ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: September 14,1999 ITEM NO. 5 ORIGINATING DEPARTMENT Public Hearing: REZ 99-02 R-l to R-4 14xx 161" Avenue NW Ashford Development Corp., Inc. Planning John Hinzman j-* City Planner Request , The Planning and Zoning Commission is asked to review a rezoning from R-l, Single Family Rural to R-4, Single Family Urban at 14xx 161" Avenue NW for Ashford Development Corp., Inc. The proposed site is approximately 13.7 acres and is located at 14x..x 161" Avenue NW, generally located between Chesterton Commons North Addition and 161" Avenue NW The rezoning is submitted in conjunction with a comprehensive plan amendment to RU, Residential Urban Single Family. Applicable Ordinances Ordinance 8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). Ordinance No.8, Section 5.03(B) establishes the criteria for granting a special use permit. These same criteria have been utilized by the City in considering rezoning applications in the past. The criteria include the following: Effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land. Effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. Effect on values of property and scenic views in the surrounding area. Effect of the proposed use on the Comprehensive Plan. , ) Page Two Rezoning - R-l to R-4 14xx 161" Avenue NW Ordinance 8, Section 6.02 establishes the minimum length, width and size for property they are as follows: R-4, Single Family Urban Lot Width at Front Setback Lot Depth Minimum District Area - 80 feet - 130 feet - 11,400 s.f. Land Use Plan and Zoning Map . , Often times, the land use plan and the zoning map are confused and thought to be the same. The land use plan is general in nature and long range, the zoning map is short range and precise. The land use plan sets the general guidelines for use by the Planning Commission and City Council in reviewing and evaluating development proposals. The zoning map is a tool to implement the land use plan. The land use map delineates the general land use areas by type, such as residential, industrial, and commercial. The zoning ordinance and accompanying map set forth and further refines permitted uses in each zone and establishes requirements for each use in specific zones. , / Adjacent Land Use Adjacent land use within 350' of the site includes the following: North East South West · R-l, Single Family Rural- 161" Avenue - unplatted rural residences · R-l, Single Family Rural- unplatted rural residences · R-4, Single Family Urban - Chesterton Commons North Add. · R-I, Single Family Rural- unplatted rural residences General Review · The site is generally level and treeless · Five rural residences exist within 200 feet of the site. · The proposed area is adjacent to existing municipal services. · The proposed site is designated for 2001 municipal sewer and water service in the draft Comprehensive Plan. · The proposal is consistent with adjacent land uses. · Although formal development plans have not been submitted, potentially 25-30 new homes could be constructed on the proposed site. \ ) ) '. J \, J Page Three Rezoning - R-l to R-4 14xx 161" Avenue NW Commission Options The Planning and Zoning Commission has the following options: I. Recommend approval of the proposed rezoning. 2. Recommend denial of the proposed rezoning, citing those reasons for doing so. 3. Table the item pending additional information from staff or the applicant. Recommendation Staff recommends approval of the rezoning, subject to the following condition: 1) Approval of the comprehensive plan amendment from RR, Residential Rural to RU, Residential Urban Single Family. Attachments · Ordinance Amendment . Application \ J '. / , I j CITY OF A...1\ffiOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE Al\1ENDING ORDINAl~CE 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 (pIN 14-32-24-32-0014): 1) Rezone from R-l, Single Family Rural to R-4, Single Family Urban on approximately 13.7 aces legally described as follows: The Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. Except the West 660.00 feet of the south 555.80 feet of the North 1184.86 feet as measures at right angles to the North and West lines thereof. Also except the North 689,06 feet of that part of said Northwest Quarter of the Southwest Quarter lying West of the East 300,00 feet as measured at right angles to the North and West lines. Also except the North 463 feet of the East 270 feet of said Northwest Quarter of the Southwest Quarter as measured at right angles to the North and East lines thereof. Also except that part of the property platted as CHESTERTON COMMONS NORTH ADDITION. Subject to County State Aid Highway No. 20, County State Aid Highway NO. 78, and easements of record. ifany, And That part of the North 689,06 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County. Minnesota as measured at right angles to the North line thereoflying West of the East 300 feet as measured at right angles to the East line thereof and lying East of the West 660 feet as measure as right angles to he West line thereol: Except there from the North 397,00 feet as measure at right angles to the North line thereof lying West of the East 330 feet as measured at right angles from the East line thereof and lying East of the West 660 feet as measured from the West line thereof. Subject to County Stat Aid Highway No. 20 as delineated in Anok> County Highway Right-of-Way Plat No. 20. Subject to easements of record. ifany. Said ordinance amendment is subject to compliance with the comprehensive plan. NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. 1999. Adopted by the City Council of the City of Andover on this 5th day of October CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria Volk, City Clerk -- '. J / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Property Address REZONING REQUEST FORM I to -11, I1-v<- f fI.m..Jr.J (5/ t/ c1 ...7/4...... J k"...1 OcJc--l'r-.J fAI-<.l t1 001 F,,".J..., X. "'''''4 cJ" l?"" , lr '.. .::n::=- Addi tion ';:0 ....... Legal Description of Property: s~ (Fill in whichever is appropriate): Lot Block t..-c..' 8 PIN 14-.5J-~-~-OO{L.1 Is the property: information must County) _ (If metes and bounds, attach the complete legal description). Abstract )( or Torrens ? (This be provided and can be obtained from the ----------------------------------------------------------------- Reason for Request 7h;s )-c:..J""ll IS 1M ,1...<:... ~, ace - ;) cc r rlt&../,4 JI..-'-_'~ ) ~'f d: r.- - : .:...... 4,,01 t IA-;' l!. '7 5:"'_-<- A _..\ L._ n- c" '~ ...,' :1 "?-/.:..... 7 . it. ; J Cor C "A_ ~ '-J fl""c Zr'<"V'I"-'J i-<=y' c. -;- f s ,:;; ~ rL..~,_ .__ J ! 'c; -- ~ ,., \)'c ;'..:-S <. .1 co- ~)-~J..."""Jl..<"", .0/.,.'; ~c.... - J fU c,,~ Fe-_ t.-L) '- (:O r.- It....... .J L<.. ?':--"'j .0 Tl..<.. rh.._ '...-T..:! , ., t... ;r(.: 3 }C- I) , . rf ,'~e X. - ...... ''7 I:J, 7 ";'c. '-<./ Current Zoning K-I Requested Zoning k -'f ----------------------------------------------------------------- Name of Applicant Address 3C:.; '/c.-' l' d:-" n <;. ~ Fe.... ve: .. , Ie " '''1<': _ 1 . Cc v J .I;.........c Horne Phone if) 7 - CO... 17 Bus i ne s s Phone L/.2 7 -c 7' ..5..s- ~ ~ ~:: ~ ~ ~: - ~ ~)-- -- ~~- =~~~~ ~ - - - - - - -~: ~: - - ~.~~ ~ ~~~~. -. ,... - - -- IS- )." d L4 ",,' '- . v.. v Property Owner (Fee Owner) (If different from above) Address J Horne Phone Business Phone Signature Date ----------------------------------------------------------------- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ,j DATE: October 5, 1999 AGENDA SECTION Non-Discussion ORIGINATING DEPARTMENT City Clerk :) 0, ITEM NO. Change TIme/ t t 2/99 Meeting /'i' Because School District 11 and School District 15 are both having elections on Tuesday, November 2,1999 the City Council will need to change the time of the regular meeting. State law prohibits public meetings between 6:00 and 8:00 pm on election days. Council is requested to change the time from 7:00 to 8:01 pm. \ , / , I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 5. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson~;bJ( Engineering ITEM NO. Approve Computer Purchase/GIS /'7. The City Council is requested to approve the purchase of a replacement computer for use with the City's geographic information system (GIS). The existing computer currently used for GIS will be transferred to the Finance Department for use by the City Treasurer. The City Clerk's computer will then be transferred for use by the Engineering Filing Clerk so she can assist with some clerical activities. The redistribution of computers will provide the processing speed necessary for each individually to more effectively perform their work tasks. " The funding for the computer will not exceed $2,800.00 and will be from the drainage and mapping fund. DATE October 5. 1999 ITEMSGIVENTOTHEiCITYCOUNCIL . Special City Council Minutes - September 14,1999 . Economic Development Authority Minutes - September 14, 1999 . Planning and Zoning Minutes - September 14,1999 . Special City Council Minutes - September 20, 1999 . City Council Minutes - September 21,1999 . Special Closed City Council Minutes - September 21, 1999 . Letter from Larry Dalien, Anoka County - August 27, 1999 . Ban on snowmobiles - September 25, 1999 . Letter from Wayne Ness, Resident . Ord. No. 8PPPPP . Ord. No. 8NNNNN . Ord. No. 8MMMMM . Ord. No. 8HHHHH . Ord. No. 233C . Kerber's Round Lake Estates Sketch Plan . Schedule of Bills PLEASE ADDRESS THESE ....ITEMSA T THIS THE NEXT AGENDA. THANK YOU. (i,d, -r{a..~ ~~ {C'''_>5iC#'/ - Cliy ec"'Vlcll ',,:,J.~ 10'1 ~lVED %@~ 81999 Clf~/8F tJ :-'n'.,-' . .J : _- '....... ., :-~ ,""'~ Andover Council: 9/25/99 Re: Ban on snowmobiles We write as members of the suffering majority requesting a total ban on snowmobiles in Andover. Andover is too built up to allow snowmobiling. Let's get back to some peace and quiet without the whine of racing machines on our vulnerable roads; digging up of the grasses on boulevards and even in other people's yards. We teel that the snowmobile club has failed in controlling the law breakers and it's now time to ban! Our City looks so tacky with the desperate measures taken by citizens trying to protect their property. Let us be able to have pride in our City again. A total ban \vill also keep non-Andover snowmobilers from trailering in their machines and racing up and down our city streets. Moving the line to 161 st just moves all the problems up further-doesn"t solve them! a - ,..../H'~I..n.!1'_!l'J6 c..",_,}..~ ~W,.. "'.......-a "l1Z81'1'! - &'Ir/ (()Uf</t:lt.. P~$'1' "pIT!?'j R c. eEl V E D i-/", u, rt> O(2PIN/W:.r /0 q , ... SEP 2 2 /999 To Whom It May Concern: CITY OF ANDOVER Let me first introduce myself, I am Wayne Ness, a resident of the City of Andover and a former member of The Snowmobile Task Force for the City of Andover. I resigned following the last meeting of the task force due to my frustration with what is happening in the City of Andover in regards to snowmobiling. I know you, the members of the Planning and Zoning Commission and the City Council are extremely busy individuals who deal with numerous issues, but please take the time to read this in its entirety on the issue of snowmobiling in the City of Andover. When the issue's of snowmobiling and the problems it was causing in the City of Andover became increasingly apparent, a task force was formed to try and deal with the issues and to revise and/or enhance the current ordinance. I volunteered for that committee and was appointed by the City of Andover. The committee was comprised of concerned citizens, the Sheriffs Department, the City of Andover and the Snowmobile Club. We first met to review the current ordinance and then to recommend changes to the City of Andover. After task force meetings, public hearings, etc. a new ordinance was approved by the city council. This ordinance was in effect until the issue's of studded tracks and public trails became a reality in the City of Andover. The ordinance was again revised to address these and other issues. It is now time for you, the P & Z and The City Council, to again review the current ordinance and adopt changes that will not only financially benefit the City of Andover, but also enhance the quality of life and the safety for all resident's and visitors to the City of Andover. Snowmobiling, under the current ordinance, is allowed throughout the City, except along a portion of Round Lake Blvd. A TV's and hunting were also allowed in past versions of city ordinances. Why have the A TV and hunting ordinances been changed? Because of urbanization and the influx of people who want to live in and enjoy the safe and peaceful quality of life that Andover has to offer. I know you will get the same answer from people who own and wish to enjoy snowmobiling in the City of Andover. "The reason I moved to Andover was to enjoy snowmobiling and the quality of life that Andover has to offer". The quality of life reasoning is still very valid, but snowmobiling in the southem part or all of Andover needs to come to an end. The time has come to stop the destruction of public and private property by snowmobiles in the City of Andover. .. , One of the proposed changes is to ban snowmobiling south of 161st. This boundary line was arrived at after meetings and much discussion by the snowmobile task force. Maps of the city were laid out and various options were discussed prior to this consensus by all members of the committee. This committee consisted of the City of Andover, the Sheriffs Department ,the Snowmobile Club and concerned citizens. All agreed that this was the most logical division line within the city if a line needed to be established. The other options before the committee were to ban snowmobiling totally within the City of Andover or to do nothing and keep the current ordinance in place. Doing nothing, in my opinion, is saying to the resident's of Andover, snowmobiler or not, that we don't care about the destruction of your property or what it cost the city, and you the taxpayer, every year to repair the damage caused by snowmobiles. The most recent task force meeting I attended was a farce and an embarrassment. The meeting was limited to 1 hour by the moderator from the city, thus limiting the time needed to address the real issues before us. Every time the Sheriffs Department was asked for an opinion or mentioned, a member of the P & Z would interrupt and comment about the inadequacy of the Sheriff Department and it's inability to enforce the current ordinance. He insinuated that a split at 161 st was only a cop-out by the Sheriffs Department for not doing their job. I feel this was totally uncalled for by an appointed member of the P & Z. The Sheriffs Department has wor1<ed hard to enforce the current ordinance and I commend them in their efforts. The City of Andover and it's committees should applaud the Sheriffs Department for the wor1< they do in the city, trying to enforce the current snowmobile ordinance vIs criticizing them. Another concern I have was the opinions and comments made by our mayor. He stated very strongly that he was for snowmobiling within the City of Andover. I feel this is a very short-sided opinion of a person who was elected to serve the best interest of ALL residents of Andover, not just snowmobilers. The mayor also stated that if we ban snowmobiling in the City of Andover we may just as well ban automobiles. What an absurd comment to be made by the elected leader of our fine city. I am sure the upcoming meetings regarding this issue will be dominated by citizens who wish snowmobiling to continue in its present state in the City of Andover. You may ask yourself, where are the citizens against snowmobiling? They are tired of asking the city and its committees for help in this matter and getting no relief. I personally have talked to many resident's who feel very frustrated with the democratic process in this city. They have instead decided to put up signs, tape, barricades, whatever it takes, to protect their own sanity and property. Is this what you want for and in the city of Andover? I could go on and on, but in closing I would like to thank you for taking the time to read this and ask you to take a long hard look at the current ordinance and its weakness. I hope for the City of Andover, and its citizens, that you come to a wise decision for all citizens and not just the snowmobilers. This city has so much to offer, please do not be influenced by a special interest group and consider what is best for all residents and visitors to our fine city. Think SAFETY if nothing else. w OJ{'~ 9/~rJ/rr9 fJ eJ)Jd.- Lf;)7-6961.- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION . Date October 5. 1999 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance Shirley Clinton a I ITEM NO. Schedule of Bills REQUEST: The Andover City Council is requested to approve total claims in the amount of$ 1.360.186.97. BACKGROUND: Claims totaling $ 109.996.61 on disbursement edit list #1 dated 09/28/99 have been issued and released. 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'" 0 ? ,0 lii ,0 WU"ICCDC'\O.W ww....tn ....... lii ... .... ~ . .. .. .. .. .. .. '" .... .... '" .... wo\OOW....O-.JlD O.,C.WO\W..,J " '" >: '" .. '" .. 0....000'\0\01-'0) OCDNr.J\D...::IU"I '" ", '" 0 0 '" 0 NOOOOOOI-'(I) O-.lOOU"lU'1U"1 ~ .... " !:l . . . . . . . . . . . . . . . . '" .... .... .... .... W.,JOOl,/'lWOl,nCD Ool:o-.l....!-...l...::l..,J '" m ~ ., ., ... ., WO'\OOo/loU"lOWW Ol-'WWNNW ... '" " " .. '" '" '" ~ '" " .. 0 '" '" .. '" '" '" '" :' "" t't' '"0 ..., 00 "'''' < on ~~ o o "'.. '" Q~ "''' ~~ "'''' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 5. t 999 AGENDA SECTION ORIGINATING DEPARTMENT ADD-ON Administration Richard Fursman ITEM NO. City Finance Director Appointment REQUEST: The City Council is requested to consider the next step in the appointment of the City Finance Director. The Committee assigned to do interviews has two options for the Council to consider. First, interview the top three candidates and consider an appointment. Or, the Council could take a recommendation from the committee. The City advertised twice in the Star & Tribune Sunday section. The position was also advertised in the League of Minnesota Cities bulletin. We received only nine applications and interviewed five people.