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HomeMy WebLinkAboutWK January 31, 2006 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US City Council Workshop Tuesday, January 31, 2006 Conference Rooms A & B 1. Call to Order - 6:00 pm 2. Discuss Rural Reserve (continued) - Planning 3. Discuss Various Code Revisions - Planning 4. Discuss Open Space Issue - Planning 5. Review 2006 Overlay Project/06-2 - Engineering 6. Update on Tulip Street NW Improvements/05-II - Engineering 7. Railroad Quiet Zones/06-1O - Engineering 8. Other Business 9. Adjournment 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US City Council Workshop Tuesday, January 31, 2006 Conference Rooms A & B 1. Call to Order - 6:00 pm 2. Discuss Rural Reserve (continued) - Planning 3~ Discuss Various Code Revisions - Planning 4. Discuss Open Space Issue - Planning 5. Review 2006 Overlay ProjectJ06-2 - Engineering 6. Update on Tulip Street NW Improvements/OS-II - Engineering 7. Railroad Quiet Zones/06-1O - Engineering 8. Other Business 9. Adjournment @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.C'-ANDOVER.MN.US TO: Mayor and Council Members, _ Jim Dickinson, City Administrato~ Will Neumeister, Community Devel~nt Director o.d.- CC: FROM: SUBJECT: Rural Reserve Planning (cont.) - Planning DATE: January 3 I, 2006 INTRODUCTION A City Council goal for 2005-06 is master planning the Rural Reserve Area. As was discussed at two recent Council meetings, general recommendations need to be made by the Council to move ahead with further master planning of the Rural Reserve This evening information will be presented and staff will ask for Council discussion and direction on the following topics: Roadway Alignments As the consulting planners explained at the December 6th meeting, the location of the collector roads in this area sets the direction for how the land development will be planned out. The Council needs to provide direction regarding the primary roadways that they would like to see serve this area At the meeting, staff will explain the two options in collector roadway alignments. Lake Location & Size The developer's consulting planners also explained the need for a rather large water body to be located in the center of the area that the Emmerich Group is planning to develop. There is also the need to allow the water entering this lake to find a way to "daylight" to Coon Creek. Thus the need for interconnecting waterways and in the short term, ditches may serve this purpose. Longer term, as the land owned by Woodland Development is developed, then the connections through other ponding areas and extensions to Coon Creek will complete the connections that are ultimately needed. The developers have been working with their consulting engineers to come to a final shape and size of the lake(s) that will be needed to serve their property. Others who own land in the Rural Reserve Area will need to provide their own ponding areas and may end up having to build their own pretreatment and rate control ponds. The lakes shown on the drawings may not be all the ponding that is needed to serve the entire Rural Reserve Area. Park Location, Type, Acreage As shown at the previous meeting in December, the developer's designers provided locations for neighborhood parks and also for a larger community park (near the creek) in their drawings. The Council is asked to comment on their preferences for multiple neighborhood parks and whether the City should be planning for a larger community park along Coon Creek. The discussion on the location of a small Community Playfield can be deferred until another time, unless the Council would like that located in the Rural Reserve Area General consensus of staff is that it should be located at the northeast comer of Nightingale Street and Crosstown Boulevard on land that the City has optioned to be acquired from Ken Slyzuk. Council will be asked to comment on their park preferences. Density (net number of units per acre) The Metropolitan Council has indicated that the City should plan for a minimum of 3.0 units per acre density (net of wetlands, lakes, floodplain, parks and arterial roads). See attached letter from Metropolitan Council. Further details would be forthcoming when the PUD applications are made by the developers. Staffhas indicated to the developers that they will need to show the City Council what housing types they are planning to build in the Rural Reserve Area when the PUD approvals are sought. What is needed at this time is general consensus that the Council is willing to entertain that minimum density. Other Property Owners As was mentioned at the December 6, 2005 Council meeting, staff met with many of the landowners in the area on January 23, 2006 to explain what is going on with the land planning of the Rural Reserve Area, as it will directly affect them. For instance, potential street extensions/alignments will involve some of them to enable the full development of the Rural Reserve area. The staff will provide information at the Council meeting as to the outcome of the neighborhood meeting with the property owners. ACTION REQUESTED The Council is asked to review the information that is provided and provide direction on their preferences. LOOKING FORWARD Later this spring, the staffwill continue to work with the developers and property owners on: 1. Concept Evolution This includes such items as: a. Develop a Comprehensive Land Use Map (showing location of various types of residential . development, amount and location of commercial development). b. Determine which land will be designated for a future elementary school (with an alternate land use that is acceptable, in case the school district does not purchase). -2- 2. Concept Drawings This step in the planning process brings all of the information together to formulate a concept plan that will be used to pursue approvals by Metropolitan Council. 3. Detailed Development Proposal The task of completing further detailed plans for the area will be the developer's responsibility based on the general areawide planning done by the City. 4. Preparing Other Planning Documents Once a master plan has been created that meets the approval of the City Council, the City will need to gain regional governmental approvals, requiring the preparation of a Major Comprehensive Plan Amendment that has approval from the Metropolitan Council. 5. Trunk Sewer Design and Financing Package It is estimated that it will take an additional 1 to 1 ~ years to design the water and sanitary sewer system, hold public hearings and prepare the plans for construction. The ability to build the pipe(s) on a timely basis will depend to a large extent on how the financing is structured. There will be future workshops that will cover this topic in greater depth. Without a financing plan and participation by the developers in development agreements that cover the bulk of the costs it will be a very difficult to get this area to become fully urbanized at any time in the near future. Respectfully Submitted, ~~,.Y~ Will Neumeister Attachments Rural Reserve Maps Letter from Metropolitan Council -3- Rural Reserve- Property Owners ).<p-l~ :: I I \ W AEJ "Y-1V "L I I I /i -?--- Y )= ., r- I~ '-i II I ~ ED ~J r-"IT'\ I I 7h I 1. .1 I! I I 1UJ I~\."~ ~~\J;J[]][8I~ l ~ l lJ LlU _ I\..~"~~:=jlli~, Ir- f: '--,- P.- P.- ~'\. 1= -;:L I \ 1\" g :~~: ~....'.~.:.~.~l~:~" ~ l IJ I ~~{X""'~~~. ",-,- PifF~~c- ~n "'" ~)X~~.~~ I I g~~~ FF1 ~ .... . '. .... '. .. ~~...~., N."'~ *'" I ~Illlillllll ~ W \-----J n",; , .. "- ". ~ I I ~f ~ / / J ,;( :~ ~~"J ~ I I ~ ~ J - ~ ~7"> . . kN,"'-"l fI'~ ,- ~ I ~~~ - ~~ - '.~~I I ~- ~E8t~ -l~ - ~II~"<C ROUND I ~ I I - LJ~ _ _ ~,~\\ = ~~.:'li'lllllll $ ,~ f-- '=II # -' -, -((11 I -1Tr JlIIII u 1m;;;, ,/'/~ ~~~ ~ ~~ ~amlHiB ~ ;ajor Property own~ " \0~'" '" .J7~ 0 F,elds ,~~ ~ '" BffiEHHHffi€~~ Slyzuk ~r7lllliIIUI~ ~~~~r =mrr CJ Other ml,I,',I,I,:i,~~V5:E8 ~r-\\- r rrr ,r-:;< "" ~ /l I - EO -~- Rural Reserve- Flood Plain and Gas Pipeline I ~ I I V" F \'" I 1111 ~~rn~ I II I I I I I ~ ..... -4\ I /'\ jll . . ~~ Ih ~=~i ~.. - _I' --J \ I": II~ . '" ""l~p~ \ \ I \ \\'..~. ~ Etl~ ""c-- K IL I ~ ~l 1\ III I -'-- -/ l I I !~I f-- / ] ~ \ r;::--~ ,-----I-- I '== /' >>- '--,:::--""" '// '}, II II ~\:?:: "" I 'Ull. :x> Y 1/1'\U ~ - ~\'=1?- - 1=1~'+ I ;%;; w ~ I J EB=h~ 1 4~ I I -LLI Wl1J..V I >.O----il--l J J:::f .-Y^,<- _ -IH/-r\\ll --1 illllllllll 1III1I1 III ~. 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I~ m:~ffiEE~ I I B;~~~ ~~ ~ /'\ I rn ~ ')f I I II I I I I I I 0C H~Z >8 J I I L f=! ~A l-- Y /= I \ "i I III ---- i==W --ji L 1 --tiJri I ~!W- I Ll II / I I I I ~ - r1I\ WJ l I '1 ~ 0 r-;::. ~p;rJ ~ ::: WFt+1 - -JJ,j /I EIi5f .~EB -6'- N + _ Agricultural Preserve- Expires March 21, 2010 D Rural Reserve Rural Reserve- Tree Masses September 27,2005 -7- Rural Reserve- Collector Streets and Entrances ~~BJt1- :~L ~( I r \- c- -- H rIl\. I I I \{ It; ~ ~ - H~ . - ~ill )'; -:=8'm // aJJ,-~ ~ Il )--'r---- /" ./ ""I- 0 i' - t-- v I~ :~~ c-~ ~ F 1 I / / h /1\ W ~ l.. r ~ \il, \ \ '\--- EBI- "\ ~ r---. I-- i== = II Y.-- "" I\. JJJ.. :so f- !/,'\ I L ;"-t- r:: -::r. I---f- FVI1=J ~I- ~ - ........ ...--...- . = I I ~IL ~~" ~ , - ~~ffi ! ~ II = . f............ ...... I ~ / I .., I ., viTTI \\\ I n ~ f-- V \__~ ILJ /' I7A ,........ ~ ., ---.... ......-~. . /~, ~~ ~ @JI~ ~~( '1IIIIr /1// 1 ~ j ~ / 1\ f\- \ \ 'r..--. ~r"" - ~ ~ ./ Of; '\ IIIII II II I I II III \atI:]nn I L '-- Legend L- ........ Collector Streets *' Entrances -i!'..-- Rural Reserve- Collector Streets and Entrances "ig f- J::J\'i It- - "'\ I~ / t- r- '" /~ 1= r- t= l::i ../ v/ ,1 ".' .,,~ ( ~, I .\ i \, I " I ...~ i r.. = '-..= ,...-..... . . 1 1 II IIII1I I ~m-1 f-l-----W~ ;~- L / n ~ .. I I I I ~ _ \ I T '-=:-J I L , . o .--~~ /~ / Ii / 0 \\ \\ '-- I I :/ . 'ilT I . \ EEt- . '\-- ~ " / I II ~:e'D; r LJ I . I .' ." 17'~ ....._.. .._._... .../ ~-~ .... ............. ~ ~ II IJrI!f l/ J- lO?WJWrnLJ '\. I I I I j ~ / \ ./~ ~ III1I111 II ,--r I \ I I I liJ IbJ E I '" ~IL-J -..l r ,/ - 1111 1~~2;'" 1~"00~- v~fl f--Vl ::---:"'''t- - . . . . . . = f = . i . . ::'::l:~VJ- II I 1/ ~).,(:::~f' Lt -{'/---j/.i\\7 ~ ~ H' III 111111lJ-l- .1 WJIw /' -- - .~ ..... ...- -........ .......... 't-....._. Ij-......... - f- -P(Ir ~ I II1I 1m, Legend L ........ Collector Streets r- * Entrances -'"'/- ~ Metropolitan Council Building communities that work March 5, 2003 Mr. Will Neumeister Director of Community Development City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RE: City of Andover Rural Reserve Dear Mr. Neumeister: Thank you for your letter of January 28,2003, requesting elaboration of the Council's position with respect to the "rural reserve" areas identified in the City's Plan, City Council Resolution No. 177-01, and the Council's Review. The Council's intent with respect to "urban reserve" (the area between the 2020 MUSA and the 2040 urban area boundary) is to protect lands from development that would preclude, or add cost to, future urbanization. The City's designation of a rural reserve of 1,000 acres must be done within 18 months from the time when the Comprehensive Plan Update was reviewed by the Metropolitan Council, which will be June 12, 2003. The reserve designation must include a development scenario that ties urban development to the existing MUSA line and its potential expansion in a manner that guides development for at least three units per acre. As Andover develops, urban densities would be factored according to net (buildable) acres. Net density is a calculation based upon the number of approved units and the adjusted area of a plat guided for residential development. The formula for calculating net residential density is attached. As you are aware, we are in transition with a newly appointed CounciL Natalie Haas Steffen has been re- appointed as the District 9 Council Member. It will be this new Council that reviews Andover's Comprehensive Amendment on future developments. For information on how these reviews may change in the future, please refer to the attached letter from Council Chair Peter Bell that contains information on the current status of Blueprint 2030. I trust these answers will help to clarify the intent of the Council's Review and the City's Resolution No. 177-0 I. If you are in need of further assistance or if you have additional questions, please feel free to contact me, at (651) 602-1478 or vicki.soraggfWmetc,state.mn.us. d)~ Cc: Natalie Haas Steffen, Metropolitan Council Member, District 9 Vicki Spragg, Anoka County Sector Representative V:\Referrals\CommunitieslAndover\Letters\ Rural Reserve Response to WilLdoc www.metrocouncll.org -)a- Metro Info Une 602-1888 230 East F1fth Street . St. Paul. Minnesota 55101-1626 . (651) 602-1000 . Fax 602-1550 . TIY 291-0904 An Equal Opportunity Employer Metropolitan Council Formula for Calculating Net Residential Density March 5, 2003 Net residential Density =Total Units/(Total Area - Total Area Adjustments) Total Area Adjustments mean the exclusion of: · Major Highways, those with rights-of-way of 200 feet or greater · Wetlands, Nonpoint Urban Runoff Ponds (NURP), and Lakes · Parks, both local and regional · Lands protected by local ordinances (e.g. woodlands, steep slopes, floodplains) Local streets and alleys are!!.!!! excluded from the total area. -/1- o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN,US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Develo FROM: Courtney Bednarz, City Planne~ SUBJECT: Consider Various Code Revisions, Continued - Planning DATE: January 31, 2006 INTRODUCTION Please find attached the City Code items that were tabled by the Council for work session discussion. DISCUSSION Each of the remaining code sections have been reviewed by the Planning Commission and were last presented to the Council at the September 27,2005 work session. To meet a goal ofthe City Council, an item concerning buffering of rural neighborhoods from new urban residential neighborhoods has been added (see revision #84). Lastly, the two items needing further review brought up at the last meeting are attached as well. Additionally, staff has been preparing an update to the City's sign regulations. An informational update will be provided at the meeting. ACTION REQUESTED Please discuss these items and determine if further revision is needed. Attachments Proposed Revision #84 Buffering Urban Neighborhoods from Rural Neighborhoods Proposed Revision #32 Shopping Center Location and Completion Requirements Proposed Revision #52 Animals Proposed Revision #68 Guesthouses Proposed Revision #81 Encroachments - front and rear yard setbacks Proposed Revision #82 Dirt Bikes Miscellaneous - detached garages on comer lots Miscellaneous - lighting as discussed in the encroachments section Revision #84 Buffering Urban Neighborhoods from Rural Neighborhoods Backe:round The Council has asked for ordinance language to address this item. Discussion The first step is to determine how the buffer area will look. Three scenarios are: 1) No Disturbance area - require preservation of the existing conditions within a certain distance (perhaps 50 feet) of the property line. A conservation easement or homeowners association ownership may also be used to ensure the buffer area will be preserved into the future. 2) Tree Buffer Area - require preservation and/or planting of trees to establish a continuous tree buffer. 3) Combination - require a no disturbance area, protect the no disturbance area with a conservation easement or homeowners association ownership and require trees to be planted to fill in gaps of existing vegetation. Tree Planting Requirements If the Council wishes to include tree planting requirements, the following is an example of how tree planting requirements can be structured to provide a buffer area consisting of two continuous rows of trees across different types of terrain. Heavily wooded - preserve a minimum of two rows oftrees to provide buffer area. Replace any dead, dying or diseased trees in buffer area. Sparsely wooded - preserve existing trees, plant new trees to achieve double row of trees in a 20 foot wide buffer area as near as possible to property line. No trees - plant double row of trees in 20 foot wide buffer as near as possible to property line. Partially wetland - plant double row oftrees in 20 foot wide buffer as near as possible to property line. Entirely wetland - plant double row of trees in 20 foot wide buffer as near as possible to property on upland areas within 50 feet of property line. Proposed Chane:e The language provided below indicates one approach to addressing this item. The types of buffering that will be required can be modified to meet the expectations of the Council. City Code Title II: Subdivision Regulations City Code 11-3-1: General Requirements -2-- F. Buffering required between urban and rural neighborhoods: All residential projects constructed with municipal sewer and water shall provide buffering from existing rural neighborhoods and land that is planned to be developed in a rural manner by the City's Comprehensive Plan. Such buffering shall be provided as follows: 1. Buffer Area Location: Buffer areas shall be located along all property lines of a new development that abut an existing residential development served by private well and septic systems and all property lines that abut land that is planned to be developed in a rural manner by the City's Comprehensive Plan. Selected options to be inserted based on Council direction. - 3i i!I ~ ::: __0 ~~.' tl2;/k} (J/dPJ! R~*'l -p- 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US FROM: Mayor and Councilmembers . ~ Jim Dickinson, City Administra~ Will Neumeister, Community Development Director 6ld--- Andy Cross, Associate Planner APc- TO: CC: SUBJECT: Revision # 32 - SC Zoning District DATE: September 27,2005 INTRODUCTION The City Council reviewed Code 'Revision #32 and agreed to examine it further before adopting it. This revision proposes the deletion of section 12-4-12 of the City Code, which identifies requirements for the application and review of and structures in the SC or NB zoning district. The chapter also outlines several standards for development in an SC districts. . DISCUSSION City Code Chapter 12-4-12 is unique because it is the only chapter in the Code that sets standards for application, review, and development in a particular zoning district. No other zoning districts are given such individual attention. Instead, standards for other districts. are provided in Chapter 12-3-4. Because zoning district standards are provided in 12-3-4, they do not need to appear for (SC) Shopping Center in this special chapter 12-4-12. Additionally, the contents of 12-4-12 are already covered in other parts of the City Code or the Commercial Site Plan review process. Part B outlines standard elements of any Commercial Site Plan required with any application. Pint D requires a minimum lot size for the NB and SC zoning districts. If the council feels these minimum lot sizes are important for the SC district, then they should be included in Chapter 12-3-4, "Minimum District Requirements" with the lot size requirements of all the other zoning districts. Part E applies to areas zoned "sc" that do not' have definite boundaries. There are no properties in Andover zoned SC that do not have definite boundaries, so this part is unnecessary.n Respectfully submitted, ~~ A:d~ ~s~ Attachments Revision #32 Revision # 16 12-3-4 Minimum District Requirements -0/- Revision # 32 12-4-12 SHOPPING CENTER LOCATION REQUIREMENTS Back!n-ound This section is outdated. Many of the requirements outlined here are standard elements of a Commercial Site Plan review and do not need their own section in the City Code. This chapter describes requirements for the SC Zoning District. These requirements belong in chapter 12-3, "Zoning Districts." . If the Council decides that some of the other requirements are useful, then those requirements can be placed elsewhere in the Code. Proposed Change , Strike this section of the code. Other requirements and changes in the SC zoning district are handled in Revision #16. 12 4 12: SHOPPINC CENTERS /IdYl new struetlH'es m a shoflflmg eenter (SC) or Reighborhoed Ell:l5inCSS (}IE) district ml:l5t be shoymts fit mto Em averall plaR far the shopping (;Ienter. Before aRJ ne's area is zORed, the folle'.....ing ecmdi-tiaIl:5 must ee met: ,... A. The area will be le(;lated adjaeent ta a thoraugBfare ar eallectar street as sho'i:n on the. comp'l'eheIl:5i'le fllEm or as indicatea as a potential shopping eenter site or neighborhood e1:l:SmeSS site on sueR plan. B. Sl:lemlssien of a plot plaR shO'i.1jng structures, pa:rkiag, Elri-'leways, landscaping and sCi'eemng. . C. If eonotrue-tiaR has not begUn '.vitBin tv.enty four (21) mORths, or lithe preject is Rot fifty percent (50~<.) completed '.vi-tbiR fi'le (5) years, my further de'lelopmeRt ef my type shall req1:1ire a eeRdi-tieaal. 1:l:Se peImi-t, ana the planning and zoning commission may mO'le to initiate a reconing back to that in effect prior ts neighborhood b1:l:Smess (}1B) ar shapping eeRter (SC) zomng. ,.. D. The area coned shall include at least 1"1.'0 (2) acres for neighborhood b1:l:Siness (}ffi) IlBd Dye (5) acres far shopping eenter (SC). B. .\-ny area Rated en the zoniRg map as "SC" ,-,lith no de:ful:i-te boundary shall be arlmil:listered as fallaYIS: L Oely eae semer af aRJ' majer reaa. mt-erseetiea may be zaaed far Ii shepping seater (SC) at my ene time. 2. The lanae..vner shall submit a 131m in aeeal'rillRse wit:h the pI'B'lisiea5 af a plllBfieel uffit ae'lelepmeBt ffi---; 3. The sit)' S01:HleH may gfllfit ar aeay the request for busiaess zaniag basea upon the plaas s\lbmittee. 1. f. market feaswi-lifj' study shall be slibmittea t8 maisate need, size ma fut;tH-e size. (fdReRdeel Ora. 8, III 21 1979) -r;'- Revision # 16 12-3-2, 12-3-3 ZONING DISTRICT NAMES & DESCRIPTIONS Background The descriptions of the zoning districts are not as accurate and complete as they should be. Proposed Change The title "Purpose of Each District" will be changed to ''Description of Each District." The district descriptions will be updated with specific language including location requirements scattered in other sections and the general range of activity that is allowed to help guide rezoning decisions. In addition, the names of the districts will be updated to more accurately describe what the districts are intended for. 12-3-2: ZONING DISTRICTS ESTABLISHED: For the purposes of this title, the city is hereby divided into the following zoning districts: ZONING DISTRICTS ESTABLISHED: Symbol Name R-1 Singla family TllF31 (19'.... Elan&it'J) R-2 Singla family a&tata (19''' dam:ity) R-3 Singla family E:Ulallrb3Fl (n:lGdillm dam:ity) R-4 Singla family IIrtJ::m R-5 M-1 Multiple dwelling fmedium-<:lensity} M-2 AgP Agricultural preserve (ovarl::1Y di&trict) GR LB NB SC GB I Sinqle Family Rural Residential Sinqle Family Residential Estate Sinqle Familv Suburban Residential Sinqle Family Urban Residential Manufactured Housing Multiple Dwellina Medium Density Multiple Dwelling Aqricultural Preserve General Recreation Limited Business Neighborhood Business Shopping Center General Business Industrial 12-3-3: PURPOSE OF E}..CB DISTRICT DESCRIPTION OF EACH DISTRICT: A. R-I Single family Rl:lfaJ Distriet: Sinqle Familv Rural Residential: This district is intended to provide a residential atmosphere for those persons desiring to retain a large parcel of land. Such large lots are logical in areas where development -b- into smaller lots would be difficult, or where public utilities will not be available in the foreseeable future. Furthermore, larger houses are more costly and require larger lots. Thus, to provide an area to accommodate those persons with the financial means to erect a large house, it is necessary to have an area of large lots. 2. Land which is wooded, or which bas a changing topography, and low land which tends to be poor agriculturally is also the most expensive to develop for residential sites and, after development, the sites tend to be expensive to maintain. Such areas are the most interesting and most susceptible to large lot development. The district also is intended to preserve productive land for agricultural use. B. R-2 Single Family Estate Distriet: Sinale Family Residential Estate: This district is intended to provide a residential atmosphere for those persons desiring a single- family neighborhood with a suburban density. The areas ma)' be 1:FaBSi-tionaJ. ones set aside for yariOl:l5 lot sizes to asffilfe a wide seleetion efbWlding sites and resubEli'lision at a later date. .\ deB5ity as proposed may !lemHt economical iB5tallation ef sewer and "ll-ater at a later date. Lots in this district created after 1978 and without Citv sewer and water must be at least 2.5 acres. This zoning district was used for rural residential developments prior to 1978. C. R~3 SiBgle Family S1:lburban District: Sinale FamilY Suburban Residential: This particular district is intended to satisfy those persons who prefer a medium sized lot. Lots in this district created after 1978 and without Citv sewer and water must be at least 2.5 acres. This zoning district was used for rural residential developments prior to 1978. D. R-4 SiB:gle Family Urban Distriet: Sinale FamilY Urban Residential: This district represents urban density use by single-family detached dwellings. E. R-5 Manufactured Housing District: This district would permit all types of manufactured housing including manufactured homes and modular houses, provided public sewer and water is provided. (Amended OrcL 8, 10-21-1970) F. M-l Multi-file Dwelling Distriet: Multiple Dwellina Medium Densitv: This district is intended to provide a location for medium density attached dwelling units (townhouses) with private entrances. These areas may be transitional, however, the townhouse resident should have convenient access to all facilities provided for single- family neighborhoods. This district's location shall provide sufficient space for buffering from less intense uses. (Amended OrcL 8, 10-21-1970; amd. 2003 Code) G. M-2 Multiple Dwelling District: This district is intended to provide a location for all types of multiple dwellings. This district's location shall have convenient access to all facilities provided for neighborhoods. open space. and buffering from less intense uses. Access to an M-2 district shall be from a collector or arterial roadwav. -7- H. GR General Recreation District: This district is intended to provide a location for all types of commercial recreation uses such as golf driving ranges, outdoor theaters, racetracks, and snowmobile areas, most of which require large amounts of land and good separation' from residential areas. This district's location shall provide sufficient space for bufferin!! from less intense uses. I. LB Llmited Business District: This district is suitable only for commercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. The LB district can be used as a transitional district or buffer between noncompatible uses such as intense commercial (GB) and low density residential uses. This district's location shall provide sufficient space for buffering from less intense uses. J. NB Neighborhood Business District: This district is used for retail sales and services in such scale as to serve the surrounding neighborhood needs. Locations for Nei!!hborhood Business districts are tvDicallv small plots in close proximity to or surrounded bv residential areas. NB zonin!! districts do not reQuire fronta!!e on an arterial roadway and can be served bv local and collector streets. However, this district shall not be served exclusivelv bv local streets. This district's location shall provide sufficient space for bufferine: from less intense uses. K. SC Shopping Center District: This zoning classification is reserved for modern retail shopping facilities of integrated design in appropriate locations. Normally this zoning classification will Rot be giVeR to speeifis undeveloped land pareels; rather, the geBemlloeation sf p0ten-tial sb0ppmg eenter sites 'l:ill be indicated on the compreheB:Sive plan. This ,vill a:llow potential dOT/elopers greater freedom in site selection and reOOce the possibility of l:1ftder or o~:er zOIDng for eommereial de\'eI0pment Potential shoppmg eenter sites showa be zoned after there is aeta-al need showfl, and eoB:StI1:1etion ofilie center can be ffi(pected '.vi:fuiR two (2) years following SI:lCfl zoffiflg. Locations for the SC district are lare:er plots that can accommodate more intensive retail development. Access shall be available from arterial roadways. This district's location shall provide sufficient space for bufferiile: from less intense uses. L. GB General Business District: These are areas containing a wide variety of business uses including retail, service and semi-industrial. As such, they may contain businesses which tend to serve other business and industry as well as those catering to shopper needs. M. I Industrial District: These are areas that have the prerequisites for industrial development, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high development standards will be necessary. I district uses include service industries and industries which manufacture, fabricate, assemble or store, where the process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare or other objectionable influences. Generally, those include wholesale, service and light industries which are dependent upon raw -8- materials refined elsewhere. An industrial "park" which maintains high development standards would be zoned 1. This district's location shall provide sufficient space for bufferinl! from less intense uses. (Amended Ord. 8,10-21-1970) -'7- rI.) 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G) ~ -8 ~cE~ ~ 0 ..E"Su ~ ~ l1).g.~ ~ ~ i]~ .. - > -cl U Cd~O c..;r.e ..c:c"lO ~8>- :a~ c: =..... 4) .":: !! ~ ob'o.!:S _e _ ...=(n m:::S- ~tL1 a 0 0< 0 bO.~-S ;:: ~ -: .s u ~ ~ bD= <S ""C -. c.. ... m~..2 as:.;;a VJ" o-""C = I-c "lO -'-,B o~.... bDOtCtjcr.l"'C~ .5 8 g "_= bD C a .:: e - .5 as _ .ao~]5~oo u ~ = ~ ~ ==> oS v_aSO.... _ .;;.;;-5=i'c;~ ~.~ ~.~ ~ ~ ~ ..1)8~~eo ~iE as .... 8 8 ~ mc-Bas::sbO il: 0 e.5 >- 5'> .5 .~ -g .e ~ ;"11) ~ ..."'''....-5''' ." ~ '" 8 .:: " ".: =._ 0 0 '"" Q) 0 <UZ<l:;OC/l~ -; ..c .. .. '" B .. :a '" i5 . . . . . Revision #52 12-13-1 B Animals Backuound The Council asked that this item be brought to a work session for discussion. The purposes of the proposed changes to this section are enumerated and explained below. The minutes from the various Planning Commission Meetings are also attached. Discussion from the April 12. 2005 Planninl! Commission Meetinl! 1. The Commission wanted to see changes to the definitions to ensure an animal could not be confused between definitions. Staff proposes changes to the definitions as shown below. Please note a section from Title 5 Police Regulations that provides a list of prohibited l'Iniml'll~ has been added to this report. 2. The Commission also wanted to discuss the structure for regulating farm animals. There was some concern about farm l'Iniml'll~ being limited to 5 acre or larger parcels and limited to a maximum of five farm animals without a conditional use permit. Staff's objective is to prevent farm animals from being kept in 2.5 acre neighborhoods. Staff selected five acres as the threshold because the existing code uses five acres as a threshold for rural agricultural uses. Presently up to five farm animals are allowed per acre in the R-l Zoning District without a permit. If the Commission would like to adjust the number the proposed changes will need to be changed accordingly. New Issue Raised Throul!h Public Comment Period 3. An Andover resident stopped this past week and educated staff on falconry. The DNR issues permits for falconry (keeping of and hunting with raptors). State Statute permits this activity and provides regulations for permits, sheltering requirements and limits the number of birds to one. Some of the most relevant information from State Statute is attached. Staff proposes to add an exemption for this activity with references to State Statute and DNR regulations. Backl!round - Initial Areas of Concern 4. Urban agricultural uses are permitted in the urban area The definition of urban agricultural use includes pleasure/recreation animals. Pleasure/recreation aI).imals are defined as 'Animals not normally kept in a residence such as horses, ponies, foals, donkeys, burros, mules or others'. This conflicts with City Code 5-1B which regulates these animals and requires a 2.5 acre minimum lot size and provides additional standards to ensure proper care of these animals. Suggested approach: Eliminate pleasure/recreation.l'Inimals from the definition of Urban Agricultural Use. Add this use to the matrix for residential properties with at least 2.5 acres in compliance with Title 5. 5. The Definition of Agricultural Use, Rural includes the raising of non-domestic animals. Non-domestic animals are defined as any l'Inimal; reptile or fowl, which is not naturally -lz.- tame or gentle but is of a wild nature or disposition or which, because of its vicious nature or other characteristics, would constitute a danger to human life or property. Suggested approach: These animals should not be aIlowed in the City. Eliminllte non- domestic animals from this definition. 6. Proposed changes are not intended to affect the Anoka Independent Grain & Feed farm located on several hundred acres in the northwestern area of the City, which is presently a permitted use. It is the intent of this ordinance amendment to prevent other feedlots from moving into the City. Suggested approach: Provide a definition for feedlots. List feedlots as a prohibited use in the uses table. Provide an exemption for Anoka Independent Grain and Feed. The latest changes suggested by Planning Commission concerning the maximum number of farm animals allowed as a permitted use and adding alpacas and llamas to the definition of PleasureJRecreation A nimllls have been made. Proposed Chane:es 12-2-2: DEFINITIONS: AGRICULTURAL USE, RURAL: An area of five (5) or more contiguous acres which is used . for the production of farm crops such as vegetables, fruit trees, grain and other crops and their storage on the area, all "::eY all f<lr the l'aising theFeilll €If a€lme!ltiell-=mals, farm --=-als nondemestie --=-alg ana the Iaising ana bepin;; ilfpll.lBBUl'll,'nlefeaH€lnal. --imals in eilmllli:meil .,.tith T~e 5. AGRICULTURAL USE, URBAN: An area ofless than five (5) contiguous acres which is used for the purpose of growing produce including crops, fruit trees, shrubs, plants and flowers, vegetables, and the like, provided such produce is intended solely for the use of owners on the property or sale away from the property. It skall ineluae the mising €If amReSHe ana pleMllfe,'feer!laHilll acimals in e€l-amlianiHl "".ith Title 5. ANIMALS, DOMESTIC: laHmala llilmftlilmy kilflt filr plltB, !>UilR all dogs, cats and similar animals that can be Durchased at a retail Det store and maintained indoors. ANIMALS, FARM: Animals ana Jl Emlwy commonly kept for productive purposes on a farm, such as cattle, hogs, sheep, goats, chickens, and other similar animals. ANIMALS, NONDOMESTIC:~ Animals. f(;l~tiIll €Ir f0':;1 not defined as domestic farm or nleasure/recreational animals "::biek is that are llilt Bauallj" tam.e ilr geBtl.lll;mt ia of a wild nature or disposition or which, because of its vicious nature or other characteristics, would constitute a danger to human life or property including the prohibited llnimllls listed in City Code 5-1C-2. ANIMALS, PLEASUR.E/RECREATIONAL: l\nimalSllot normally kept in a residence sach as horses, ponies, foaIs, donkeys, burros, mules, alnacas and llamas. or othe;s. -1)- FEEDLOT. LIVESTOCK- The place of confined feeding of livestock. poultry. or other animals for food. fur. pleasure or resale purposes in yards. lots. pens. buildings. or other areas not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate because of such feeding of :lnim:lls. 12-13-1: PERMITTED USES 120: Within any of the following districts, no structure or land shall be used except for one or more of the uses listed by district: Permitted" Permitted Accessory, and Zoning District Conditional Uses R- R- R- R- R- M- M- G LB N SC G I 1 2 3 4 5 1 2 R B B Keeping of pleasure/recreation animals on properties at least 2.5 acres A A A A in size in compliance with Title 5 Keeping of UP to 5 farm animals Dlus one additional farm animal Der acre above 5 acres on properties 5 acres or ;e ;e ;e greater un to a maximum of 20 animals Keeping of more thaB 5 farm animals than allowed as a nermitted use on C C C nronerties 5 acres or PTeater Keeping of Domestic animals ~ less el(cept in R 1). A A A A A A A in comnliance with Title 5 Feedlots, except Anoka Independent Grain and Feed Inc. which is a X X X X X X X X X X X X X permitted use that predates the adoption of this ordinance. NOTE: P = Permitted Use A = Accessory Use C = Conditional Use X = Prohibited Use . B. Residential Districts: 1. R-I Single-Family Rural District: /\liY site which has mere thaR fi'/e (5) farm affimals per acre shall require a condi-tionaluse permit. (The following City Code excerpt is provided to show how non-domestic animals are regulated in another section of the City Code.) 5-1C-2: POLICE REGULATIONS: ANIMAL CONTROL: PROHIBITED ANIMALS: (as it exists) The following animals are prohibited within the city: -It/~ A. Any lmimal or species prohibited by Minnesota or federal law. B. Any nondomesticated animal or species, including, but not limited to, the following: 1. All skunks, whether captured in the wild, domestically raised, de-scented or not de- scented, vaccinated against rabies or not vaccinated against rabies. , . 2. All large cats of the family Felidae, such as lions, tigers, jaguars, leopards, cougars and ocelots, except commonly accepted domesticated house cats. 3. All members of the family Canidae, such as wolves, foxes, coyotes, dingoes andjackals, except domesticated dogs. 4. All crossbreeds, such as crossbreeds between dogs and coyotes or dogs and wolves, but does not include crossbreeds between domesticated animals. 5. All poisonous snakes, such as rattlesnakes, coral snakes, water moccasins, cobras or copperheads. 6. All raccoons. 7. All apes and monkeys. 8. Other animals which are not listed explicitly above, but which can be easily defined in this article as a nondomesticated animal including bears, wolverines and badgers. (Ord. 253,3-2-1999) 5-1C-3: SALES PROHIBITED: No person shall offer for sale, within the city limits, any animal prohibited in sections 5-IC-I and 5-IC-2 of this article. (Ord. 253, 3-2-1999) 5-1C-4: EXCEPTIONS: A. Animal!': Allowed By Permit: 1. Temporary Permit: Any person desiring to keep animals prohibited as described in this article shall obtain a temporary permit from the city council. Such a permit shall be issued for a period not to exceed thirty (30) days and shall specify further conditions under which such animal shall be kept; provided, however, that no such permit shall be required for such. prohibited animal brought into the city for entertainment, show or promotional purposes only. (Ord. 253, 3-2-1 999;amd. 2003 Code) 2. Permanent Permit: A public zoo or other institution engaged in a permanent display of ariimals may be issued a permanent permit, provided applicable zoning requirements are met. 3. ~onditional Use Permit: Falconrv shalJ reuuire a conditional use Derroit and be subiect to As Bermitted hv State Statute and the reQU}atedions of lw the Minnesota Deuartment of Natural Resources. -1.>- Regular Andover Planning and Zoning Commission Meeting Minutes - April]2, 2005 Page 8 11. City Code 12-13 lB. Animals Several conflicts have been identified in the way that the keeping of :mimi11 s is regulated in the City Code. Mr. Bednarz summarized the proposed changes. Commissioner Greenwald thought it was getting really popular to have ducks as pets and he would like to add this to the list after chickens. Commissioner Kirchoff asked what types of animals can not be kept. Commissioner Jasper stated some animals fall into all of the above categories so there is a problem with the definitions in the ordinance. They overlap each other. He stated some of the definitions are by example, some are by inclusion and some are by exclusion and they overlap each other. Commissioner Jasper stated they could also have five farm animals on properties that are five acres or greater so if you have four acres, you cannot have any farm animals but if your have five acres, you can have five, if you have a hundred acres, you can have five. He did not think that was a logical place to draw a line. Mr. Bednarz stated regarding definitions, they would need some examples and he did not think deer was that. A deer was not a domestic animal because it is not commonly kept as a pet. He stated they do want to make some progress and there may be some items with the definitions that they can tune up. Commissioner Jasper respectfully disagreed because he believed deer could be considered a farm animal, they are non-domestic animals and they could be recreational animals. He stated there are other :mimllls that fall into each of the categories such as a pig. He stated this was a concern. Commissioner Jasper stated the ordinance permits different types of animals in different zoning districts and prohibits some in some zoning districts. Commissioner Greenwald asked what the solution would be. Commissioner jasper stated they needed to rework their definitions to try to determine what they were tryirig to accomplish. He stated they either need to do the table approach or use the definitions that are either inclusive or exclusive. Chairperson Daninger stated the list would always be changing because there are always different animals that become pets. The consensus of the Commission was to bring this item back with a little more focus on the definitions and farm animals specifically. -/,6- PLANNING AND ZONING COMMISSION MEETING - JUNE 28,2005 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on JIIDe 28,2005,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Commissioners present: Chairperson Daninger, Commissioners Rex Greenwald, Dean Vatne, Jon::lth:m Jasper, Michael Casey and Valerie Holthus. Commissioners absent: Commissioner Tim Kirchoff. Also. present: City Planner, Courtney Bednarz APPROVAL OF MINUTES. JIIDe 14,2005 Motion by Greenwald, seconded by Holthus, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-present (Daninger), I-absent (Kirchoff) vote. WORK SESSION: ZONING ORDINANCE UPDATE 1. City Code 12-13 1 B Animals (Continued) Mr. Bednarz summarized the staffreport. Commissioner Jasper stated on non-domestic animals he thought pleasure, recreational ::lnim::lls should be added to the exclusions in the definition of non-domestic animals. Commissioner Jasper stated a concern was they could have 5 animals on 5 acres and no ::lnim::lls on 4.9 acres and 5 animals on 100 acres. He did not think it made sense. He thought it would make sense to allow a smaller number on a smaller parcel and a larger number on a larger parcel. Chairperson Daninger agreed but wondered how they would control this. Mr. Bednarz stated they are suggesting there could be more than 5 animals on parcels larger than 5 acres but that would require a conditional use permit whereas 5 or less -/7- Regular Andover Planning and Zoning Commission Meeting Minutes -June 28, 2005 Page 2 would simply be a'permitted use. Commissioner Jasper thought that made sense because that would allow a way to address this. Commissioner Vatne asked ifhorses were allowed on 2.5 acres or larger. Mr. Bednarz stated they were. Commissioner Vatne wondered if they would see a lot ofrequests for a conditional use permit Commissioner Jasper asked if there was a limit for horses. Mr. Bednarz stated after three acres they could have one additional horse per acre with a maximum of up to seven horses. Commissioner Jasper thought something like this would make sense for farm animals also. Chairperson Daninger thought that was why they should go with the Conditional Use Permit and see how many applications there were. Commissioner Jasper stated they could have five at five acres and one for each additional acre over five acres up to twenty acres and then there would need to be a conditional use permit. Commissioner Holthus indicated she did not have a problem with this at all. Commissioner Jasper stated in looking at the notes for definitions, Commissioner Greenwald brought up for discussion the idea of including ducks as farm animals but some people have them as pets, which would be considered a domestic animal. He did not know if this was something they should address. Commissioner Greenwald stated he understood that some of the kids in the City have ducks as pets and this would be one way to regulate it without saying no. Commissioner Jasper stated if it can be bought at a pet store it should be a domestic pet. Commissioner Vatne stated he was comfortable with everything except the last item, which is deer. Mr. Bednarz stated staffwould consider deer to be a non-domestic animal because they do carry the potential to damage property and generally are not kept for a productive purpose. Commissioner Vatne agreed. Commissioner Jasper asked if there was somewhere in this code which requires a farm animal to be contained. Mr. Bednarz stated there is a code that does cover this along with domestic animals. Mr. Bednarz discussed the exemption in the Code for lmimals licensed by the State with the Commission. Commissioner Jasper stated based on the fact that three days ago a child was attached by a wild animal that was a pet, he wondered if this exception would allow any vicious animal to be kept in Andover if the DNR permits it. He thought the idea was they were -1$- Regular Andover Planning and Zoning Commission Meeting Minutes - June 28, 2005 Page 3 not going to allow vicious animals in Andover and he did not think the exception should be in the code. Commissioner Greenwald agreed. Commissioner Casey stated it does stipulate that Im;m~1 control that is prohibited animals and they have lions, tigers, jaguars, etc listed Commissioner Jasper stated the exception swallows the rule. The exception states "except for as regulated by the DNR". Chairperson Daninger thought the intent was for the citizen input regarding falcons. Mr. Bednarz thought there may be a way to adjust the item to prevent the conflict. They do have the list of prohibited animals. He thought if they referenced Section 5 under Section 3, the proposed addition that would start them moving in the right direction. Commissioner Vatne stated for clarification they would add, "As permitted by the MN DNR with the exception. . ." referencing back to the prohibited animal section. Commissioner Jasper stated this does not work because the prohibited animal's section 5- 1 c-2b says "Any non-domesticated animal including but not limited to the following..... . and the non-domesticated ~ definition is broader than the representative list. Commissioner Jasper thought before they decided how to fix this, they should decide if they should fix this. He appreciated the fact that people have different hobbies and interests than his but he did not know, in his opinion, ifbirds of prey within the City are appropriate. These are hunting birds of prey. Mr. Bednarz stated this part in Title 5 is where the issue arises. Within this section there is provided an exception that allows a temporary permit for keeping ~n;m~ls prohibited up to thirty days under specific conditions or even a permanent permit for a public zoo or other public institution, which seems less likely. In the Title 5, there already is an exemption with a time limitation. If they reference Title 5 and the prohibited animals and the exemption already provided for them, does that satisfy the concern. Commissioner Jasper stated his opinion is that exception will allow for a temporary permit for a carnival coming through town or a temporary showing of animals at a school, which is fine, and if someone wants to get a temporary permit to engage in falconry for a short time period, they would fall under that. His hesitation is if they want long term of that or any of the other non-domestic animals as defined and if they do, they should list specifically which ones they are allowing because to say as permitted by the DNR is to have the exception swallow the rule and basically allow any animal into the City of Andover without the City Council or staff having any control over it. Chairperson Daninger wondered if Commissioner Jasper thought they should strike out item three. Commissioner Jasper stated it would be his recommendation to do this. Commissioner Vatne stated he was troubled by this one because it is specialized and he was back to some of the trade offs and he would be tempted to leave falconry in but the problem is how would they draw the line on others that are on the periphery of that as -11- Regular Andover Planning and Zoning Commission Meeting MinuteS-June 28,2005 Page 4 well. Commissioner Jasper stated he would not be nearly as offended by the idea of specifically making an exception for falconry with a permit than a blanket exception for anything permitted by the DNR. Chairperson Daninger stated they will add falconry as an exception with a Conditional Use Permit Commissioner Jasper agreed but indicated there would also need to be a DNR permit as well. Chairperson Daninger agreed and thought this could be reviewed in the future for other animals as well. Commissioner Jasper stated he would take this as a compromised position because he would rather not see it at all. City Code 9-9-11 Housing Maintenance summarized the staff report. Commissioner er asked on page 17 and 20, it references that if someone< else is controlling the te erature it shall be 68 degrees Fahrenheit on the design heating day. He wondered what definition was for a "design heating day" and is it really the intent that it stays exactly at degrees. Mr. Bednarz sated it is not the intent to have a fixed degree, under the section , t the beginning header to have that minimum heating capability. That statement co s directly from the building code and that is one of the criteria for being a habitable stru e under the building code. He stated the "design heating day" is defined in the buil code. The reason they were making that addition was to correct the previous strikeout w . ch conflicted with the building code. Commissioner Jasper stated he would like to ow at some point what the phrase meant Chairperson Daninger thought they could put in definition of this in the Code. Commissioner Holthus wondered if they should leave "at least" in the c it out Commissioner Jasper stated he would like to have the that this is an appropriate standard. Chairperson Daninger stated he was comfortable with this beca reliable source. Commissioner Jasper stated on page 19, there were two changes as far as ven . habitable and non-habitable rooms, changing from 10 to 8 percent and from 5 to percent He wondered why the changes were chosen to be made. Mr. Bednarz state those were taken directly from the International Building Code. -zP- Regular Andover Planning and Zoning Commission Meeting Minutes-July 26. 2005 Page 3 Chairperson Daninger explained the process the City goes through when reviewing and changing City Codes. * 1. City Code 12- i3 1 B Animals (Continued) The latest changes suggested by the Planning Commission have been made and are reflected in the staff report. Mr. Bednarz summarized the staffreport. Commissioner Jasper stated they should add a limit of twenty fann animals without needing to get a Conditional Use Permit from the City. Commissioner Greenwald wondered what cost for a Conditional Use Permit is. Mr. Bednarz believed the application fee is $350. Commissioner Greenwald stated he did not remember the logic of a limit of twenty :mimals. Commissioner Jasper explained this was part of the discussion from the previous meeting. Commissioner Greenwald wondered what the biggest lot size was in Andover. Mr. Bednarz stated the biggest fann land is the turkey fann but they are exempt from this ordinance. ~ 11. City Code 9~9-11 Housing Maintenance (Continued) ed on page 11,9-9-3, definitions, it talks about the State Building Code, the Inte . nal Building Code and the International Residential Code, after that they should add the "as" so those are changed, they do not necessarily change the City Code. Mr. V rchota: . eved that was the intent so that every time those were updated, they did not have to do a e amendment. Commissioner Jasper stated on page 15, number I,. . cated the dwelling has to be heated up to 68 degrees and then page 19 at the top basically h e same requirement. As a matter of clarity and drafting, was this redundant or did it se a purpose. He thought they both meant the same thing. Mr. Vrchota stated the reason th ew language is repeated is because the language that was s1ricken was also repeated. e section is under responsibilities for owners and occupants in regards to the heating 0 tal properties. The other is speaking more specifically to heating standards. He sta could see if one of those could be removed. . Commissioner Jasper stated on pages 20, 9-9-12, it says that "every dwelling within the City shall conform to these different Codes." His suggestion was to drop the language -tj- Regular Andover Planning and Zoning Commission Meeting Minutes-August 9,2005 Page 3 Commissioner Holthus stated on page nine they have "see Storage and D. sal of Garbage and Refuse"; she wondered if they were going to add "0 . e er week" at the end of the sentence. Mr. Vrchota stated this was already li m another part of the code and instead of repeating this they would leave it wh . was. Commissioner Holthus stated on page , paragraph B, last sentence, she wondered what the sentence meant. Mr. Vrcho ted this would be a vacant dwelling that is unsecured so people can come and they please. Commissio asper stated on page 6, Dwelling, they talked about "one or more portions thereo -, that phrase should be within commas. *' Chairperson Daninger stated they needed to make a determination on where Llamas and Alpacas should be listed in the Code. Commissioner Holthus thought Llamas and Alpacas should be added to Animals: PleasurelRecreational. Commissioner Kirchoff agreed. Commissioner Kirchoff wondered if they were limiting the number of these animals. Mr. Bednarz stated they are limited by the definition of what they are. The number of animals you can have is different if it is considered a farm animal compared to pleasure/recreational. Commissioner Jasper stated he was more comfortable with these animals being kept as farm animals because he thought they were more for production. A resident came forward and requested the Public Hearing be reopened because he arrived late and did not have a chance to speak and would like to address the issue of Llamas and Alpacas. The Commission agreed to reopen the Public Hearing. Motion by Greenwald, seconded by Vatne to reopen the public hearing at 7:24 p.m. Motion carried unanimously. Mr. Don Eveland, 2575 Andover Boulevard, made a presentation to the Commission regarding Llamas and Alpacas. Mr. Eveland did not understand the reasoning for the restrictions on the number of ;!nimllls allowed on farms. He indicated he already had more than twenty animals on his farmland. He noted there was a big difference between types of animals and the impact they would have on the property. Motion by Greenwald, seconded by Casey, to close the public hearing at 7:31 p.m. Motion carried unanimously, -2$--- Regular Andover Planning and Zoning Commission Meeting Minutes - August 9, 2005 Page 4 Commissioner Greenwald stated when they were discussing this previously he asked how many farms are bigger than twenty acres in Andover and staff gave them a rough idea and then he was never comfortable with that restriction, but he was on a Board that tries to have some sort of consensus. He thought they needed to state there is a fee for a Conditional Use Permit (CUP). He asked staffwhat the cost was for a CUP. Mr. Bednarz stated a CUP process requires an application with a snmmllry of the site with the operation as proposed. It begins with a public hearing at the Planning Commission level and the cost is approximately $350.00 per CUP. The CUP applies to a lot of uses in town that may have adverse affects on surrounding properties if they are not conducted in a manner to prevent that and that is why a CUP exists is so reasonable conditions can be placed on an 'operation to prevent that from happening. Commissioner Greenwald wondered how long does a CUP exist and how people are grandfathered in. Mr. Bednarz stated operations that are there today will continue and this ordinance would not affect existing operations until they want to expand those operations. A CUP can be limited to a certain period of time, can be reviewed yearly, or , can otherwise be limited with specific conditions. He indicated a CUP traditionally runs with the property and continue over long periods of time unless there are adverse effects on other properties that cause it to be reviewed. Commissioner Greenwald wondered if there suddenly were more imimllls due to nature, would the person have to get a CUP for the additionalllnimlll. Chairperson Daninger noted they reviewed this item thoroughly previously aIid thought what they came up with was fair and in good intention. Commissioner Jasper stated the reason for the CUP is to make sure that there are reasonable accommodations and also reasonable restrictions on someone. Some of the Commissioners thought Llamas and Alpacas should be added to pleasurelrecreationalllnimlll s. Commissioner Jasper thought it belonged in farm llnimlll~ but would agree to add them to pleasure/recreationalllnimllls. Commissioner Vatne indicated he still felt comfortable with the twenty animals but to go further into detail, they could split the type of animal into size or type. He did not want to do this but it could be done. Chairperson Daninger stated regarding the noise issue, they discussed the noise ordinan in depth and the avenues to enforce it are difficult but they tried to u ore restrictions on it to help at least a little bit Commissioner stated the noise ordinance is not specific to the snowmobile rrain vehicle code and could pertain to other machines. "':r -.&-' - 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City A r1rninktrator _ J Will Neumeister, Community Development Director l1.6b.... Andy Cross, Associate Planner ,,(pC- FROM: SUBJECT: Revision # 68 - Guesthouses DATE: September 27,2005 INTRODUCTION The Council reviewed this revision on August 16th, 2005. One small change was recommended, but information was requested about what our code allows in regard to "mother-in-law" apartments and separate rental units in single-family houses. DISCUSSION The vast majority of residential lots in Andover are zoned "single family." This means that there can only be one single dwelling unit per lot. When a standard house is converted so that two families can live in it without sharing living space or kitchen facilities, it becomes a multi-family structure and no longer confotmS to the single family zoning district. This also applies when a separate structure is built on a single family lot that can provide sleeping and cookingfaGilities for a second family. The deciding factor between a mother-in-law apartment or guesthouse and a non-conforming second dwelling unit is kitchen facilities. Chapter 12-14-16 defines guesthouses as a building "where accommodations for sleeping are provided but no kitchen facilities." Without a kitchen, the guesthouse is unlikely to be used as a rental unit in the future. Respectfully submitted, ~~ Andy rass Attachments Revision #68 Minutes - August 16th, 2005 -21- Revision # 68 12-14-16 Guesthouses Bacwound Current code allows the construction of one principle structure per residential property. Over time "Guesthouses" tend to be finished and rented as a separate dwelling unit, which conflicts with the City Code by producing two principal dwelling units on a single residential property. TIlls revision proposes the removal of the "Guesthouse" language. from the Code. At their April 26th, 2005 meeting, the Planning Commission recommended no change to the current code. They felt the existing language provided adequate control over guesthouses and should remain in the City Code. At the August 3rd, 2005 City Council meeting, the Council requested a clarification of. this revision. . Proposed Chan&e Per the April 26 Plannmg COmmIssion meeting, Chapter 12-14-16 - Guesthouses will not be deleted. 12-14-16: GUESTHOUSES: A. Guesthouses, for purpose of this title, shall be an accessory building detached from the principal building where accommodations for sleeping are provided but no kitchen facilities are provided. The intended use is for persons visiting the occupants of the principal building and sball not be used as a rental property. B. Guesthouses shall be permitted in all residential districts, shall be located the required depth of the rear yard or more from the principal building, and shall conform to the side yard requirements for the principal building. (Amended Ord. 8, 10-21-1970) -;-C Regular Andover City Council Meeting Minutes - August 16, 2005 Page 6 ~ R,vi,;on #68 - """,,,,0= Mr. Neumeister reviewed previous discussions with the Council. Councilmember Jacobson thought they should change "shall not" to "is not". Councilmember Knight wondered if they had a separate office building. Mr. Neumeister stated this would fall under detached accessory structure. Acting Mayor Orttel wondered if they had a maid or servants quarters. Mr. Neumeister stated it could not have a kitchen. It could be an attached structure. eister reviewed previous discussions with the Council. Acting Mayo Orttel stated Steel and aluminum are an expensive alternative to vinyl siding and he thought what th are trying to state is that they do not want sheet metal as a siding. The Council was fine .th the changes made. Mr. Neumeister reviewed previou Councilmember Jacobson thought what y were talking about at the last meeting was that they did not want to be completely surprised and wan d to be kept updated on what is happening in the City. Councilmember Trude stated she would like to se 'terns 2,3, and 4. Acting Mayor Orttel stated he would like to see item 4. Councilmember Knight thought this would be helpful for em so they know what is going on in case residents ask them. Councilmember Jacobson stated he ould like to be informed so Item 4 would work for him. Mr. Neumeister reviewed previous discussions with the Council. Revision #76 - Public Hearing Process Councilmember Jacobson thought this would be too costly to make new signs each type of development. Acting Mayor Orttel thought they could have an interchangeable han . could go on the public hearing sign for information. The Council thought more information should go into the notices telling residents what is happe -u,_ Revision #81 City Code 12-4-5 Encroachments City Code 12-2-2 Definitions Background The Council requested that this item be brought to a work session for discussion. The purpose of this proposed amendment is to allow front porches and decks to encroach up to eight feet into front and rear yard setback areas. 1bis issue arises several times each year. Residents typically do not pursue variance requests for front porches. Decks are allowed to encroach into the rear yard setback area as a matter of Building Department policy provided they are 'freestanding' or self supporting. 1bis typically results in additional posts to support the deck. Proposed Changes Please note that Revision #81 revisits a section that has already been proposed for amendment (Revisions # 25, 26, 27, 28 and 31). For clarity the previously proposed changes are still shown with strikeouts and underlines but are not shown in bold. The new Revision #81 is shown with strikeouts and double underlines in bold. 12-2-2: Definitions: DECK: a horizontal. unenclosed nlatform with or without attached railin!ls. seats. trellises or other features attached or functionally related to a nrincinal use or site. FRONT YARD PORCH: a nomco. veranda or colonnade consistin!l of a deck. railin!ls and roof sunnorted bv columns that may be screened and is located at the entrance or across the front of a residential dwellin!l unit. STOOP: a nlatform Or deck which is the ton level of a stairway system that extends from the entrance of a buildin!l. 12-4-5: PERMITTED ENCROACHMENTS: The following shall not be considered as encroachments on setback and height requirements, subject to other conditions hereinafter provided: A. In Any Yards: 1. Posts, flues, belt course, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, open canopies, steps, flagpoles, chim+1eys, ornamental features, open fire escapes, sidewalks and window wells. 2. Terraces, steps, exposed ramps (wheelchair), stoops, or similar features~ provided they do These features shall not extend aeon exceed the height of the -'2!7- ground floor level of the principal structure,. 6f nor shall they extend to a distance less than three feet (3') from any lot line ReF or less than one foot (1') from any existing or proposed access driye. 3. Yard lights and nameplate signs in residential districts, trees, shrubs, plants, floodlights, or other source oflight illuminating authorized signs, or light standards for illuminating parking areas, loading areas or yards for safety and security reasons, provided the direct source of light is not visible from the public right of way or adjacent residential property. 4. All projections encroachments shall not exceed thirty-six inches (36") as measured at ground level. B. A porch or stoop for a dwelling not coyered in subsection A.. shall be allowed to encroach UP to eight feet (encroachment area) in front of the Bormal otherwise reauired front yard setback for a dwelling unit provided that: I. In no case shall a porch be closer than twenty (20) feet from the front yard property line. 2. The front yard Dorch may contain a screen. but windows and full walls shall be prohibited in the encroachment area. 3. Roof eaves shall not be allowed beyond the encroachment limit area for front and side yards bm and shall be comparable to the existing house. 4. A residential stoop shall only extend four (4) feet from the front porch. aBEi--shall only be used as the top level of a stairway system and shall not be allowed beyond the encroachment limit area for front yards. Be. In Side and Rear Yards (Not Along Street): Detached outdoor picnic shelters or living rooms l!'azehos or patio decks may extend to within ten feet (10') of a side or rear lot line~ e}ccept, that No such structures shall exceed five hundred (500) square feet. GD.. In Rear Yards: .L Laundry drying eq-1:1ipmen-t, Clotheslines. outdoor eating facilities, picnic tables, and recreational equipment, provided these are not less than ten feet (10') from any lot line. (Amended Ord. 8, 10-21-1970) 2. Decks B!'e e-xem-tlted from the rear yard setbaek reqwements. exeept that a deck may Flet be leeated eloser than fifteen (15) f-eet from the rear property line. 2. Decks shall be allowed to encroach into the rear yard setback provided that no portion of the deck extends more than eight (8) feet into the otherwise required rear yard setback. -2,8- PE, Ouasi Public StructUres: No auasi-publicstructure shall be located within the public right ofwav except bv permit issued bv the governing body. Such structures shall include. but not be limited to: utility structures and enclosures. trash containers. bicycle racks. benches. planting boxes. a\'minE:s. fla~oles. light standards. stairs. stooes. li:::ht 'liells.loadme 'NeIls. signs. and other such structures. (Amended Ord. 8. 10-21-1970) D. On Comer Lots (IBduding Rmal :\reas) -l-ll&: On comer lots (incl1:iding rural Bi'eas), nothing shall be pleesd or allowed to gro..... in sooh a manner as materially to impede vision eet\-'leen a height of t..1O and one half feet (1 1/2') and ten feet (10') eboys the centerline grades ofilie intersecting streets \vi1:hi:R fifteen fcet (15') of the intersecting street right of way lines. This restriction shaH also apply to the planting of crops and to YGrd gradss that rernxlt in ele'lations that impede vision 'lrithin :fifteen feet (15') sf any intersecting street right of way Imes. (,\meaaed Ord. 8, 10 21 1970; aIRel. 2003 Code) E. Restrictions On Lot Coverage: In no event shall off street parking spaee, structures of any type, buildings or other f-cat1:lres cO'ler more than se'lenty five percent (75%) of the lot area resulting m less thO:R tVlenty five percent (25%) landscaped area in residential districts. F. E~(emptiens From Height Limits: Height l-i-mitatiens shall not apply to bams, silos and other structures OR farms, to chmel1 spires, belfries, cupolas and aomes, monl:iments, chimneys and smokestacJ:-.s, flag]301es, pub lie and public utility facilities, transmission to'lIers of commercial and private rodie broadcasting stations, television antennas, and pai"apet walls e-xtending not more than f-our feet (1') abo','8 the 1imited height of the building except as herein provided. (.^.mended Ord. 8, 10 21 1970) Regular Andover Planning and Zoning Commission Meeting Minutes-June 28,2005 Page 3 (excerpt) 1. City Code General Discussion Item - Front Porches. At the previous meeting the group agreed to consider allowing front porches to encroach into the front yard setback area similar to the Woodbury example. On a similar topic, decks are currently required to meet rear yard setback requirements (between 30 and 50 feet depending upon the Zoning District). The Building Department has traditionally allowed decks to encroach in the rear yard setback if the deck is constructed as a "free standing accessory structure". Staff would like the Commission to discuss the potential for a provision, also currently used by Woodbury: "Decks are also exempt from the rear yard setback requirements, except that a deck may not be located closer than fifteen (15) feet from the rear property line." Commissioner Jasper stated on the porches, based on previous discussions, he would like to make sure nothing extends beyond eight feet In the changes it says eight feet plus -2-c;~ eves, which are really undefined and could be another three or four feet Commissioner Vatne indicated likewise the stoop up to four feet. . Mr. Bednarz wondered if it also included stairs. He noted on page 30, part 2. they have some exemptions there already in the existing code and although it isn't right now, the way it would be interpreted or linked together would be eight feet plus up to three feet of those items so then they would be up to eleven feet and what the Commission is saying is eight feet total including other items. The Commission agreed that eight feet should encompass all parts of the front porch with nothing, except stairs, encroaching further. Chairperson Daninger stated in the back, the change would allow up to fifteen feet for a deck. Commissioner Vatne thought it was reasonable. Commissioner Jasper stated he would not allow it. There is a reason for backyard setbacks and he did not think there was any reason to make a blanket exception for a deck. If they are going to do that, they might as well allow any structure or addition back there and he did not see a rationale reason to reduce a setback for this type of structure, Chairperson Daninger asked what the reason was for the change. Mr. Bednarz stated they see a lot of these requests in a summer on urban lots. Commissioner Jasper suggested the deck be the same as the porch. If the porch encroached by eight feet then the deck could encroach by eight feet to keep it consistent. Mr. Bednarz indicated he liked that suggestion and thought it made a lot of sense. Commissioner Jasper asked on page 30, the new C. It talks about rear yard picnic shelters, the extension, the size within ten feet of the lot line and not more than five hundred square feet for picnic shelters, living rooms or patio decks. It seems to make an exception for a living room to go within ten feet of the rear lot line which did not make any sense to him. He understood the picnic shelter or patio deck but he thought the words living room should be stricken because it could be construed as an extension of the house. Commissioner Holthus thought it should be replaced with Gazebo. Commissioner Jasper stated he did not have a problem with changing it to Gazebo. -3tl- 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923. WWW.CJ.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Directord... FROM: Andy Cross, Associate Planner.4f;t- SUBJECT: Revision # 82 - Dirtbikes, etc. DATE: September 27,2005 ThITRODUCTION ' The City Council reviewed Code Revision #82 at their September 6th, 2005 meeting. Discussions arose surrounding limiting the use of ATV's, snowmobiles, and off-highway motorcycles to rural areas and prohibiting them in R-4, R-3, and R-2 zoning districts. There was also interest in dirt track ordinances in other cities. DISCUSSION These same topics arose in 2002 when a revision to the City's Snowmobile & ATV ordinance came before the Council at the request of a resident At that time the Council directed staff to investigate what surrounding communities have done to regulate the use of dirtbikes on private property. The research, reports, and minutes from those meetings are attached. The newest addition to the research is a new ordinance from the City of Ramsey. They have recently adopted regulations very similar to our own: a line has been drawn across the city below which snowmobiles, A TV's, and OHM's can only be driven on private property. This ordinance was adopted in response to snowmobiles using and abusing public streets during the winter months. The Ramsey Police Department is responsible for the enforcement of this ordinance. Attachments Revision #82 May 10, 2005 Item November 12, 2002 Item Minutes 9/17/02 -12/03/02 . City of Ramsey Newsletter Item City of Ramsey Regulations Respectfully submitted, 7j~ Andy rass -)'1- Revision # 82 6-4 SNOWMOBILES, ALL-TERRAIN VEIDCLES, AND OFF-IDGHWAY MOTORCYCLES Bacwound A resident has come forward and requested that changes be made to the City Code regarding the use of dirt bikes. The resident presented a series of additions she felt could be added to the City Code to limit the nuisance created by the use of motorbikes on residential property. . As a discussion item at their June 14th, 2005 meeting, the Planning Commission debated the resident's ideas and recommended two changes to Title 6, Chapter 4 of the City Code, "Snowmobiles and ATV's." Proposed Chan!!es A definition of "Off-Highway Motorcycles" will be added to Title 6, Chapter 4. Language will also be added that will limit the use of Off-Highway Motorcycles to the hours between 8:00 AM and 8:00 PM To help illustrate what our State Statutes have in regard to ATV's and motorcycles, please find the applicable statutes attached to this report, as well as Title 5, Chapter 6, "Noise Control" and Title 6, Chapter 4, "Snowmobiles and All-Terrain Vehicles" as they currently appear in the Code. At their July 26th, 2005 meeting, the Planning Commission recommended the following changes: . "Off-Highway Motorcycles" be added to the title of Chapter 6-4 . "(OHM)" be added to the title of the definition for off-highway motorcycles . "AND ATV'S" be added to the title and body of Chapter 6-4-10 See draft minutes. DEFINITIONS: OFF-IDGHW AY MOTORCYCLE (OHM): A motorized. off-hi!!hway vehicle travelin!! on two wheels and havin!! a seat or saddle desil!Jled to be straddled by the operator and handlebars for steerin!! control. includin!! a vehicle that is recistered under chapter 168 for hi!!hway use when it is used for off-hi!!hway operation on trails or unimproved terrain. (M.S. 84.787 subd. 7) 6-4-8: EXEMPTIONS FROM PROVISIONS: The city's enforcement agency or the county sheriff's department, in order to provide enforcement, shall be exempt from the requirements of this chapter. (Amended Ord. 109, 6-6-1995) -J1- 6-4-9: VIOLATION; PENALTY: Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-4-1 of this code. (Amended Ord. 109,6-6-1995; amd. 2003 Code) 6-4-10: OFF-IDGHWAYMOTORCYCLES AND ATV'S; HOURS OF OPERATION Off-highway motorcycles and ATV's shall not be operated between the hours of 8:00 PM and 8:00 AM within the City. -33- 't\NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN.US . TO: Planning Commission Members FROM: Will Neumeister, Director of Community Development tL SUBJECT: City Code General DiScussion Item - Dirt Bikes .... DATE: May 10,2005 INTRODUCTION Once again a request has been received from a resident to develop an ordinance restricting the operation of recreational motorized vehicles on residential property (see attached letter). As you may recall, on September 17, 2002 the Council reviewed a request from an Andover resident that Ordinance # 1 09 (Regulating All Terrain Vehicles and Snowmobiles) be amended to also regulate the use of dirt bikes in the City of Andover. That night, Council directed that this be further investigated and a report on the options that could be proposed be brought back at a future Council meeting. The report was provided and Council directed that the issue of establishing a new dirt bike ordinance be dealt with using the existing noise ordinance. . DISCUSSION ' Again as you may recal1, in the original report it was noted that the resident indicated that numerous times a neighbor has ridden dirt bikes very close to their home and it is very irritating to them. The resident called numerous times to complain about the neighbor to City Council and Staff. City Staff indicated that it is a rural area in which they live and this is typical of what occurs in those areas. The City's Zoning Enforcement Officer researched the Sherburne County Ordinance regarding dirt bikes. Sherburne County had taken action to inake dirt bike tracks a conditional use, then after residents' opposition they made them a permitted use wi:tl1 certain conditions. This lead to further problems. Ultimately a county task force was created to review and give recommendations. The Planning Commission and City Council disc1lSSed'this ,topic at meetings in the fall of 2002. The Council indicated to staff that they were not interested in creating a'speclal ordinance to regulate. ~ bi1ces. They advised that in the future as dirt bike complaints are reported they should be treated as complaiIits and regulated by the City's noise ordinance. ACTION REOUESTED The author of the attached letter appeared at a City Council open. forum on May 3, 2005 and that night Council directed the staff to bring this issue once again to the Planning Commission to determine whether the City Code should be amended to regulate recreation motorized vehicles on residential property. Please review and advise. Respectfully SUb~ Will Neumeister Attachment Letter from property owner -7;7- March 20, 2005 Andover City Council Andover, MN RE: Proposed Motorized Bike and Ramp Ordinance Dear Council: This letter is in regards to developing an ordinance to restrict the operation of recreation motorized vehicles on residential property. As you are aware; the operation of such vehicles is a nuisance in regards to noise as well as fugitive dust I have written to you previously on this matter and your response was that you found it difficult to restrict such activity because any restriction may also unwittingly also restrict the activity of motorized vehicles used for yard and home maintenance, specifically lawn tractors. I have taken it upon myself to research city ordinances across the United States to formulate an ordinance that will serve to limit the disturbance associated with motorized bikes/dirt bikes without restricting the operation oflawn tractors. I submit the following for your consideration and hopeful adoption by the council. MOTORIZED BIKESIDIRT BIKES 1. Motorized bikes/dirt bikes on residential property shall NOT be operated between the hours of 8:00 p.m. and 8:00 a.m. with courtesy given to other residents during use hours. 2. Operation of the motorized bikes/dirt bikes shall be limited to within the owner's property within a sufficient setback to not violate the City's noise ordinance at the property line. The property owner is responsible for providing on demand by the City, proof that the noiSe ordinance is not violated. 3. Operation of the motorized bikes shall NOT-generate dust or cause erosion onto neighboring properties. RAMPS 1. No permanent ramps of any size or material (including soil) for use with skates, skateboards, bicycles, motorized bikes (dirt bikes), and snow mobiles shall be permitted in Andover on residential property. 2. Temporary, completely portable, ramps may be used on private property only and shall NOT be used between 8:00 p.m. and 8:00 am., with courtesy given to other residents during use hours. Temporary ramps shall NOT have a ramp surface area exceeding 4 feet by 8 feet and shall be stored inside an approved -:Jr- storage area or garage when not in use and between the hours of8:00 p.m. and 8:00 a.m. daily. I hope you will consider adopting these ordinances. I feel they allow the use of motorbikes/dirt bikes while not infringing on the rights of others to not be unduly subjected to the noise and fugitive dust If you have any questions or would like to discuss any of these items with me please call me at either (763) 434-5975 or (651) 634- 7332. Sincerely, Ann M. Curnow 15336 Cottonwood St NW Andover, MN 55304 -~- t' / /.. ~"'HY U,.eP."/o)(U1C.e. / /1er/lf/(.ve- Lou,...) v SECTION 16.6 GENERAL STANDARDS FOR PRIVATE MOTOR SPORT VEmCLE -TRACKS This section covers motor sport activities, which include operation of dirt bikes, all terrain vehicles, mud trucks, and racecars used for recreation on private property in the unincorporated areas of the County. Subdivision 1. Definitions: Track: A course built for the operation of motorized. vehicles which operate in a repetitive, continuous manner or an area where recreational motorized vehicles, through their repetitive use have altered or changed the natlJral contour of the landscape and created a clearly identifiable track. Subdivision 2. Permitted sites Sites which meet the following criteria are permitted uses in Sherburne County, unless promoited by a more restrictive ordinance through another municipalitY: 1. The parcel of land is not in a residential subdivision. 2. The track must be located a minimum of 1,000 feet from any residence, except that of the owner. 3. The track must be located a minimum of 1,000 feet from a livestock shelter and/or or arena, except that of the owner. 4. Landowners wishing to hold a single day or week-end motor sport event must apply for a special conditional use permit . 5. There must be a 50' minimum setback from a track to the property line. Sherburne County Zoning Ordinance 16_6 pg 1 Amended April 6, 2002 -37- -/lAm L-AKE CODE- Ham Lake City Code Article 4 ARTICLE 4 - NUISANCES AND OFFENSES * 4-100 Public Nuisance Defined Whoever by his act or failure to perform a legal duty intentionally does any of the following is guilty ofm::llnt::llnlng a public nuisance, which is a misdemeanor: (1) Maintains. or permits a conditiOli which unreasonably annoys, injures or endaDgers the safety, health, morals, comfort, or repose of any considerable number of members of the publiC; or (2) Interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public; or (3) Is guilty of any other act or omission declared by law or this ordinance to be a public nuisance and for which no sentence is specified. 4-200 Public Nuisances Affecting Health The following are hereby declared to be nuisances affecting health: (1) Exposed accumulation of decayed or unwholesome food or vegetable matter: (2) All diseased ::Inim::ll!;l running at large; (3) All ponds or pools of stagnant water; (4) Carcasses of ::Inlm::ll!;l not buried or destroyed within 24 hours after death; . (5) Accumulations of manure, refuse, or other debris; (6) Privy vaults or garbage cans which are not rodent free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors;' (7) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial' waste, or other substances; (8) All noxious weeds and other. rank growths of vegetation upon public or private property; (9) Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities; (10) All public exposure of persons having a contagious disease; . (11) . Any offensive trade or business as defined by statute not licensed by the, CountY board ofhealt;h as'defined bylaw. 4-300 Public Nuisances Affecting Morals and Decency The following are hereby declared to be nuisances affecting public morals and decency: (1) All gambling devices, slot machines, and punch boards, excepting licensed (lawful) gaming activities. (2) Betting, bookm::l1ring~ and all apparatus used in such occupations; (3) All houses kept for the purpose of prostitution 'or promiscuous sexual intercourse, gambling houses, houses of ill fame, and bawdy houses; (4) All places where intoxicating liquor is manufactured or disposed of in violation of law or where in violation of law, persons are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor aild other property used for maintaining such a place; , Page 2 -Yt1_ Ham Lake City Code Article 4 the City Council. Following such an inspection, the Building Official shall notify the owner of the steps necessary to correct the deficiencies. The owner shall, within 30 days after receipt of such notice, either provide evidence of compliance, or shall disable or dismantle the system. If after corrective action is required, additional false alarms from the corrected system occur, the inspection steps (including fee) outlined above shall be repeated, until 12 months elapse in which no false alarms occur. * 4-700 Noise 4-710 Definitions - The following definitions shall apply to this Article: 4-711 MPCA Definitions Adopted by Reference - The definitions of the following terms shall be as found in Minnesota Rules, Chapter 7030 (Minnesota Pollution Control Agency Noise Regulations), which are hereby adopted by reference as if fully set forth herein: "A -Weighted"; "dB(At; "Decibel"; "Impulsive Noise"; "LID"; "LSD"; "Sound Pressure Level". 4-712 Additional Definitions A) "Stationary Source" - noise which emanates from a source which remains stationary; B) "Mobile Source" - noise which emanates from a source which is either in motion or capable of being in motion; C) "Circulating Mobile Source" - noise which emanates from a Mobile Source, but which source remains in a close proximity to a single location (see Article 9-1250); D) "Daytime" - those hours between 7:01 a.m.lind 10:00 p.m.; E) "Nighttime" - those hours between 10:01 p.m. and 7:00 a.m.; F) "Personal Recreational Vehicle" - motorized vehicles designed for usage by one person, sometimes including a pasSenger, including, without limitation, vehicles commonly known as snowmobiles, jetskis, motocross * bikes, motorized dirt bikes, motorcycles, motorbikes, go-carts, motorized gliders, three-wheelers, four wheelers and ATV's; G) "Residential Area" - any parcel of land upon which is situate a residence; H) "Excessive Noise" - noise received by a Residential Area which exceeds an LIO of 65dB(A) during daytime, an LID of 55dB(A) during nighttime, an LSD of 60dB(A) during daytime, or an L50 of 50dB(A) during nighttime. I) "Permitted Excessive Noise" - Excessive Noise which is generated by activities which are necessary to other residential uses, including, without limitation, lawnmowing, snow removal, non-commerciallot clearing, housing maintenance activities, hobby faiming, gardening, residential construction (including landscaping, repair, remodeling), vegetation trimming or removal, sidewalk, patio or driveway construction. 1) "Abatable Excessive Noise" - Excessive Noise generated from any source which is reasonably capable of being reduced by muflling, creating barriers, or other means, so as to reduce the noise levels to levels which do Page 9 -7'1- < Ham Lake City Code Article 4 not constitute Excessive Noise, or to levels which are significantly less than the noise produced without abatement of any kind; K) "Chronologically Pre-Existing Noise Source" - a Stationary Source of Excessive Noise which existed prior to the establishment of Residential Areas which receive Excessive Noise from the Stationary Source; L) "Temporary Excessive Noise" - Excessive Noise which is generated by construction projects which have been approved by the City, including subdivision construction, building construction, excavation, dredging, ditch cleaning, land clearing, street construction or utility construction/repair, 4-720 Noise Nuisances - The following sh8.ll be considered Noise Nuisances, and shall be prohibited (see 9-1250): 4-721 Generators of Excessive Noise - Any activity which produces. Excessive Noise, excepting those activities excepted under Article 4-722 below; 4-722 Personal Recreational Vehicle Noise - Noise generated by Personal Recreational Vehicles which is received by any Residential Area, either as a Stationary Source, a Mobile Source, or a Circulating Mobile Source, and which exceeds 60dB(A) for any period of five consecutive minutes. ( 4-723 Exceptions - The following activities shall be exempt from the provisions of Article 4-721 above: A) Permitted Excessive Noise; B) Chronologically Pre-Existing Noise Sources, to the extent that the activity does not constitute Abatable Excessive Noise. A Chronologically Pre-Existing Noise Source which produces Abatable Excessive Noise shall implement abatement techniques to reduce noise levels as much as is practical In the absence of an agreement between the City and the entity producing the Excessive Noise as to what constitutes a reasonable reduction in the noise levels generated., the practical level to which noise shall be reduced shall be detenniI1edby the City Council, after reviewing the following: i) recommendations of a qualified and competent noise consultant; ii) the financial consequences of requiring abatement; . ill) the degree to which occupants of Residential Areas affected by the noise were or should have been aware of the noise prior to taking up occupancy; C) Generators of Temporary Excessive Noise; Page 10 -16 '- INFORMATION BRIEF Minnesota House of Representatives Research Department 600 State Office Building St. Paul, MN 55155 - ATV ?;";k :h,rce. John Helland, Legislative Analyst 651-296-5039 May 2002 The A TV Laws for 2002 The continuing concern over all-terrain vehicle (ATV) use in state forests and other public lands, and the designation of new trails for their travel, led the 2002 Legislature to enact three separate laws dealing with ATVs. These ATV provisions are contained in Laws of Minnesota 2002, chapters 351,353, and 355. In addition, the legislative auditor will evaluate motorized recreational vehicle trails in 2002 and report his findings and recommendations to the 2003 Legislature. Chapter 351: Establishes Task Force' This chapter, part of the "omnibus game and fish law," stipulates that the Commissioner of Natural Resources establish an off-highway vehicle task force. No identified number of participants on the task force is named, but a balance of appropriate representatives is noted. By January 15, 2003, the task force must issue reCOi:Dmendations to the commissioner and legislative committees on: . the number and location of motorized trails on state forest lands, and a time frame for trail development; . a proCess for trail planning and building development; . current and future motorized trail management activities; . changes in forest recreation rules; . cost estimates for A TV trail activities; . recreational interests of nonmotorized forest users; . natural resource protection concerns from ATV trail use; and . any related issUes determined by the task force. All of these ATV study items are contained in section 33 of the law. This publication can be made available in alternative formal5 upon request Please cqll 651 -295-6753 (voice); or the Minnesota State Relay Service at 1 -800-527-3529 (TTY) for assistance. Many House Research Department publications are also available on the Internet at: WW\",.house.leg.state.mn.us/lirdlhrd.htm. -w- . .:~~/ -ri~=-L ~--_.~ /'T.t.v.._ J.'a.tf.,LJf:::... _ ~._., House Research Department The A TV Laws for 2002 May 2002 Page 2 Chapter 353: Trails on Con-Con Land The commonly termed "con-con law," which settled state jurisdiction on the consolidated conservation lands in northwestern Minnesota, contains three sections that pertain to potential A TV travel on those lands. . Section 1 requires the Commissioner of Natural Resources to designate at least 90 miles of ATV trails on designated wildlife management areas on con-con lands. The designation must occur by January 15,2004, must not include public roads, and must be within or contiguous to the wildlife management areas. Under certain conditions, deer hunters using firearms may use ATV s in a geographical area mainly adjacent to the Red Lake Iridian Reservation. Section 7 allows the Department of Natural Resources (DNR) to issue citations for ATV violations in wildlife management areas on con-con lands, under certain conditions. Warnings would be. given before citations are issued; this takes effect January 15,2004. Section 8 requires .the DNR to establish wildlife ri:umagement area access "working groups" of eight members in Beltrami, Marshall, and Roseau Counties. The working groups are to meet, identify, and recommend to the commissioner potential ATV trail routes that are required by section 1. The commissioner, in turn, must report on the results to the legislature by January 15, 2003 and 2004. . Chapter 355: Recreational Use Rules Section 1 requires all ATVs purchased by the DNR to be manufactured in Minnesota. Section 2 requires recreational area rules to be amended by the Commissioner of Natural Resources as follows: (a) On managed forest lands, motor vehicle operation may only occur on forest roads and . trails that are not posted as closed; (b) On limited forest lands, motor vehicle use may occur on forest roads not posted as closed, and on forest trails posted to allow use; (c) Except as provided in (b) above, on any forest I3.]lds a person may use an ATV off of a forest trail when legally hunting or retrieving big game in the fall, or when legally trapping; (d) Allows motor vehicles in public forest areas for normal silviculture activities; and (e) Allows a variance for clauses (a) and (b) above for landowners and leaseholders to access their lands, if it's the only reasonable way to do so. Section 6 contains an appropriation of$I,215,OOO in fiscal year 2003 for the maintenance, monitoring, enforcement, and environmentlil review of public lands and trails for ATV use. -1/2.- CounC'ilmemoer b.Illg,ul ::iU1L.l;oU Q...L1,.l",o.L .u.o(...lo...'~5 ......... .........,... -- alternative to this. Mo Orttel, Seconded byTrude, to approve Item No. 22 (Fencing QuoteslO 1-2JBall Field West of High Scho d 1-1r. Eveland would clear trees and grubbing where the fence will be installed. Mayor Gamache asked why they oingwith an eight-foot fence in one area. 1-1r. Erickson stated the higher fencing should deflect the fo n the one field. The other fields should not have that problem. Councilmember Knight asked Mr. Eveland ifhe has cattle on his prope all times. Mr. Eveland stated he does. Counci1member Knight asked if they should put up signs sta!If[o !fespassing or something like this. Mayor Gamache stated staff should talk to Mr. Haas and let him kii one is allowed over the fences for their safety. Motion carried nn~nimously. '''dw:fll~ c;y ~ut[ql !lti,~( Cj';;7 1<1 z, ) ~ RECEIVE RESIDENT REQUEST/ORDINANCE #109 CHANGES Mr. Neumeister stated an Andover resident has requested that Ordinance #109 (Regulating All Terrain Vehicles and Snowmobiles) be amended to also regulate the use of dirt bikes in the City of Andover. The residoo.t has indicated that numerous times a neighbor has ridden dirt bikes very close to their home and it is very irritating to them. The resident has called numerous times to complain about the neighbor to City Council and Staff. City staffhas indicated that it is a rural area in which they live and this is typical of what occurs in those areas. Counci1member Orttel asked what the regulation is, are ATV's and snowmobiles only regulated on public property. Mr. Neumeister stated he did not have an answer because he did have the regulation with him. Councilmember Jacobson stated on of the problems in the Ordinance is that the noise has to be over a fifteen-minute period. and with dirt bikes, it varies so much that this would not apply. Mayor Gamache stated the rationale given by the resident needs to be taken into consideration. Mr. Erar stated the item discussing was presented to staffwitbin the last two days and they do not have a lot of staff comment of analysis regarding this. He stated the Council has receipt oftbis item and information on interest the Council has regarding this Ordinance. Mayor Gamache asked Mr. Dickinson if he had any information on the Ordinance in Sherburne County. Mr. Dickinson stated the Ordinance is very controversial and are possibly looking at repealing it. Another issue is enforcing the Ordinance. Councilmember Jacobson stated they should turn this issue over to staff to discuss with the Attorney and' come back to the Council with a recommendation. Y LlCENSINGIMORATORlUM UPDATE Mr. Neumeister explained at the Au ouncil meeting interest was expressed in making additional changes. s ce relate 0 . - amilyrental housing and the licensing of resented the information to the Cit _'/;1_ lcil for disc Regular Andover City COlDlCil Meeting Minutes - October 15, 2002 Page 12 til they could review the information. Mo . by Orttel, Seconded by Knight, to table Item No. 24 (Lot Split Request/16030 Makah Street NW) fo esearch to be done on this item. Motion' passed 4 ayes, 1 nay (Jacobson). 'ARD SETBACK VARIANCF/17536 OUAY AVENUE NW Mr. Erar stated the app t is proposing to build a 24-foot by 24-foot addition onto the second level above the existing garage. e home is non-confomllng due to its 20-foot corner side yard setback where 40 feet is the minimum owable in the R-3 zoning district. A variance is needed to correct the non-conforming status of the . sting home to allow the project to move forward. The addition over the garage on the south side 0 e home will not change the existing setbacks of the home in relation to 17 6th Avenue. Councilmember Jacobson stated he bad this ed because he is in favor of letting them do what they want to do but what they are doing is gran. a variance for a twenty-foot setback. Right now this is a non-confomllng use and by doing this, th are saying a twenty-foot setback is ok. In his mind, it makes it a conforming use so ifit burns down md they wanted to put another addition on or garage on, they could do it without coming back for ap val as long as they met all the other requirements. If they wanted to keep it anon-conforming us but allow them to build the addition, that is a different way of doing the same thing. Mr. Neume. stated their Ordinance does not allow them to add onto a non-conforming building until i . s made to be conforming. Councilmember Jacobson asked if they could vary from it. Mr, Ne . ster stated he did not think they could because it is a use issue and they cannot vary from the use. Motion by Orttel, Seconded by Knight, to approve Item No. 6 (Approv ideyard Setback.. Variancel17536 Quay Street NW). Motion carried lm:mirnously. (See Resolntio 61-02) ... RECEIVE RESIDENT REQUEST/ORDINANCE #109 CHANGES (CONTINUED) Will Neumeister, Community Development Dll:ector, stated they bad a request from an Andover resident to amend Ordinance # 109 (Regulating All Terrain Vehicles and Snowmobiles) to regulate the use of dirt bikes in the City of Andover. City Staff received language that the property owner would like to have the City adopt. The property owners who had the complaints filed against them have also written a letter explaining their view of the situation, which they consider to be harassment. Councilmember Jacobson stated he observed that the question is not restrictions on dirt bikes themselves, it is the noise created. Instead of an Ordinance or banning them. would it be more useful for the Planning and Zoning Commission to look at requiring quieter mufflers. Ms. Mary Hilke, 18030 Uplander Court stated they have been dealing with their neighbor on this issue for about three years. She stated she is an avid A TV owner and the reason she has come to . -fr- Regular Andover City Council Meeting Minutes - October 15, 2002 Page 13 the City Council is because their neighbor using dirt bikes bas blatantly abused them. Their neighbor runs many dirt bikes at one time around his property and they cannot enjoy their own home because of the noise. She stated they have called the police but were told they could not do anything because Andover does not have an Ordinance. Ms. Hilke stated she believes Andover is a rapidly growing community and it is only going to get worse. She does not believe in banning recreational vehicles but something needs to be done. She would like to see something go into effect that is enforceable. She contacted Ham Lake and they have a good dirt bike ordinance but it is under the noise ordinance. She stated she did call the sheriff's department and got a report for the last six months of complaints. There have been about 36 or 40 complaints. She stated Andover needs to have something to enforce the orindnance to protect the citizens who do not want to listen to the noise. Councilmember T rode asked if the property owners own all the vehicles. Ms. Hilke stated they also have friends over to ride bikes. Mr. Tom Danshek, 15584 Raven Street stated he felt Ordinance #109 should be amended to place stricter controls on the abusive operations of A TV's, snowmobiles and dirt bikes for safety and noise reasons. He stated he has neighbors that have created a track for ATV's in their backyard and ride from morning to night. He stated he has four children and they cannot play in the backyard because of safety reasons and they cannot enjoy their deck or backyard because of the noise. He stated there should be certain exclusions allowed in the amendment, such as people using ATV's for work purposes on their property. Councilmember Orttel asked what size lots are around the neighborhood. Mr. Danshek stated they are.2.5 acres. Councilmember Trude stated she would like to look at Ham Lake's noise ordinance concerning this. Mr. Dickinson stated the legislature has selected people to research the A TV situation and evaluate not only City Ordinances but also the States enforcement of this. The Council conseDSU!> is to have the PI;mnine Commission review Item No. 28 (Resident Request/Ordinance # 1 09 Changes) and look into the safety with possibly looking into the noise issue and make recommendations to the Council. cilmember Jacobson asked if the property owners wanted this to be rezoned. Mr. Neumel .-15 Regular Andover Planning and Zoning Commission Meeting Mirrutes - November 12, 2002 Page 11 liJ PUBliC HEARING: DISCUSS PROPOSED AMENDMENTS TO ORDINANCES #109 AND #230 REGULATING DIRT BIKES IN THE CITY OF ANDOVER. Mr. McKay explained that a number of Andover residents have requested changes to Ordinance #109 (Regn1::ltine All Terrain Vehicles and Snowmobiles) be amended to also regulate the use of dirt bikes and to increase the regulation of A TV's in the City of Andover. There have also been other complaints by Andover residents about the noise, dust and fumes associated with the racing of dirt bikes, A TV's and other vehicles on' and off tracks on residential lots. The City Council directed this to be discussed by the Pl:mnine Commission and requested for more information in regard to the Ham Lake orr'lin:m~e, the A TV Taskforce and a confirmation of the number of complaints filed to the Sheriffs office. . Mr. McKay discussed other cities Ordinance's with the pl:mning Commission. Acting ChaiIperson Daninger stated Mr. McKay mentioned nineteen complaints, does he know how many different addresses this is from. Mr. McKay stated the sheriff's report he received does not have a lot of information. Motion by FaIk, seconded by Larsen, to open the public hearing at 8:30.m. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamache, Squires) vote. Mrs. Mary Hilke, 18030 Uplander Court stated she is one of the residents requesting dirt bikes be included in the cmrent Ordinance. She read a letter to the Commission and presented her viewpoint. Mr. Tom Dancheck, 15584 Raven Street stated they feel Ordinance 109 needs to be modified to address a setback distance from the property line and residents and needs to address the repetitive operation of dirt bikes on trails and private properties. He stated they are not trying to ban motorized vehicle use in the City, they are trying to create a buffer. He discussed his issues and viewpoint with the Commk<:ion. Mr. Pat Roberts, 18030 Uplander Court stated he would like to add that in t:llkinp; to Anoka County Sheriff's Department, the noise ordinance is unenforceable as written. Andover's snowmobile and A TV Ordinance is written for public Property. lbis means that a resident can do whatever they like on their own property with no regard to their neighbors. He read from the Ordinance and asked if this could be changed to include dirt bikes and ATV's for public property also. Mr. Brian Flute, 15667 Raven Street stated there were a couple of issues he would like to clarify in regards to the track described by Mr. Dancheck. He stated the track was built for safety and curves so it slows the traffic down. The issue arose because neighbors refused to communicate and work with each other. He stated after understanding of the issue, the amount the kids have been allowed to ride has decreased and the rules for riding have changed and been followed. He stated he has a problem with people that -'/6- Regular Andover Planning and Zoning Commission Meeting Mmutes - November 12. 2002 Page 12 want to change because the City is changing. He stated he bas a list of neighbors that agree with him. He stated some of the numbers forbid 25 acres from riding. He stated they want to make it clear that by the petition, they want to reserve the right to operate on their property. He stated the majority of people moved out to Andover to do be able to ride. He cautioned the Commission to look at the lots and not just the dimensions. Mr. Jim Lin~h~n, 665 1 48th Lane stated he owns two and a half acres and moved to Andover from North Minneapolis because he wanted to get away from all the regulations. By putting the setback restrictions in place, the residents cannot do anything on their property. He stated if the setbacks were enforced, this would force people to own more l~d, which is impossible in Andover. Mr. John Swoosher, 1433 161 51 Avenue NW stated his concern was finding out the setbacks seemed so excessive and unreasonable. He stated he does not have a dirt bike or A TV or snowmobile. He stated his concern is seeing what seemed to be stunning figures for the change in the Ordinance. He stated residents need some type of resolution other than the sheriffs' department. Mr. Dan Barrett, 17271 Partridge Street NW stated they moved to Andover in 1993 from Minnetonka for the added acreage. He stated they have not bad any complaints or police calls. He stated he feels sympathy for what Ms. Hilke is going through but he hates to see the entire City affected by a couple of people who do not follow the roles; Mr. Dan Benedict, 15638 Raven Street stated he lives next door to Mr. Dancheck. He stated they invited the entire City Council over to see the trail they have complained about and Mayor Gamache showed up. He stated they rode the trail for about forty minutes and was ~m~7ed. Mayor Gamache stated this was one of the safety trails he bas seen. He stated the trail is completely lined with trees and there is not an issue that someone could cross over the property lines from the trail. He stated their fom wheelers have never been started at 8:00 a.m. He stated the noise ordinance issue is great and if anyone of the vehicles exceeds the Cities limits for over a minute, they should be made to change the vehicle to be remufflered. He stated there are three other neighbors thaI would like to connect the trail together to create a larger trail to ride. He stated he feels for Mr. & Mrs. Hilke and stated that something needed to be in regards to their issue. Mr. John Stong, 2333 155th Lane NW stated they live on a lot that is 200 by 400 feet and if the Ordinance changed to 300 feet, it would make their yard unusable. He stated they have no complaints from neighbors when riding their ATV's. He stated he cannot hear his neighbors running their A TV's but occasionally they do hear a dirt bike running in the distance constantly. Ms. Patty Howard, 2119 156th Avenue stated she understands the issues with dirt bikes but some of the families have gone out of their way to make sure riding their A TV's does not disturb their neighbors. She stated the neighbors are concerned about what their kids are doing. She stated they are living in a rural area and the kids generally ride with care. -fI1,. Regular Andover Plamzfng and Zoning Commission Meeting Minutes - November 12, 2002 Page 13 She stated as a landowner, they have a right to do what they want on their property as long as no laws are broken. If there needs to be limitations, she understands that but she does not want privileges taken away. She stated she does not want to see the rights of the landowner taken away. She stated the kids deserve the opportunity to ride recreational vehicles as long as the rules are obeyed. Mr. Dancheck stated he did not propose the 300-foot setback, staff proposed this. He suggested a minimal setback. He also did not state there was conmiuous use. He stated that comparisons to leaf blowers and lawn mowers are a distinct difference between these types of operations versus optional riding vehicles. Mr. Flute stated he wanted to clarify that on the trails they ride, the kids cannot speed through where they are going. They have never crossed the property line and the kids riding know what they are doing and the safety issues. He stated the track was designed for safety. He stated this is not a racetrack and if the kids are C<l11ght racing or timing, the machines are put away for a long time and ~t is taken very seriously. Mr. Roberts stated that they have to appreciate the people that have moved to Andoyer for a little peace and quiet. Ms. Hilke stated that as snowmobilers, they went through this a few years ago and she thinks this is something that is happening and as communities grow, they have to look at what is best for the community and she urges everyone to become active to open up some of the forests trails. Motion by Falk, seconded by Larsen, to close the public hearing at 9:23 p.m. Motion carried on a 4-ayes, O-nays, 3-absent (Greenwald, Gamache, Squires) vote. Commissioner Kirchoff stated the issues that certain parties are experiencing are real. He stated he couldn't support adding new regulations everywhere. He asked if he could . drive a snowmobile on his property south of 161 st. He stated the noise ordinance should be enforced. He asked if they have a noise ordinance. Mr. McKay stated they do but the Sheriffhas stated that by the time they get to the property, the activity is done so it is hard . to enforce. He stated the Sheriff's Department does not consider this an issue. Acting ChaiIperson Daninger stated they should have stafflook at what would make for a more enforceable noise ordinance because there is a concern on how to enforte this. Commissioner FaIk stated he does not want restrictions but it is an issue between two neighbors. They need to take this issue as a whole for the entire community. Commissioner Larsen stated she did not think it is just a one-neighborhood issue. She stated they need to be sensitive to the people who moved here for some peace and quiet and the noise is the issue and she would like to find a solution for this. ~0J_ Regular Andover Planning and Zoning Commission Meeting Minutes - November 12, 2002 Page 14 Acting Chairperson Daninger stated because of a few incidents, this comes to the City's . attention and they need to look at this as a whole. He believes the responsible riders iD. the area will comply with the current Ordinances. He stated he is not in favor of a buffer zone 81 this time. He stated they needed to look into checking the noise ordinance and how to help the law enforcement enforce this. Mr. McKay stated he would talk to the law enforcement on how to enforce this. Commissioner Larsen stated she would be in favor of some type of buffer zone. Commissioner FaIk stated it would be nice for neighbors to try to work things out for themselves because he cannot see a buffer zone as being the solution. Acting Chairperson Daninger stated the direction is to look more 81 the noise and how to enforce this. Mr. Bednarz stated that this item would be before the COl.IDcil 81 the December 3, 2002 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the p);mnine Commission on related items. Mr. Bednarz mentioned that the City would be holding an open house for the Rural Reserve Study. This will be held on November 20,2002 814:30 p.m. ADJOURNMENT. Motion by FaIk, seconded by Larsen, to adjourn the meeting 819:36 p.m. Motion carried on a 4-ayes, D-nays, 3-absent (Greenwald, Gamache, Squires) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. -'11- Regular Andover City COWlCil Meeting Minutes - December 3, 2002 Page 17 es. He stated the covenants would enforce the no parking, tow away zone and he could tthe front fa9ade of the houses a foot. Counc ember Trude stated he has the decorative fence rrmning parallel to the front door and creates th . usion of homes being lined up. Mr. Bahn was not sure if there would be a fence in the front yar e homes would all be unique and the pmpose of the detached garage is to have a quiet backyard . out the noise of the six-lane expressway. Staffhas asked Mr. Bahn identification sign and Mr. B Mr. Bahn stated the neighborhood nsider setting aside an easement for a City monument he would agree to this as long as it was done tastefully. ting went welL Mayor Gamache stated he thought the buffi he was putting in does a lot and looks nice. Councilmember Trude stated initially she was not about this and then realized it is a nice transition from the homes in the area and the homes in dover. She appreciated his adr1ing the measurements between the homes. She stated it seemed - is a good use of the property. Mr. Bahn stated he did not think it would be feasIole to build ouses on this property. . Councilmember Trude stated this will add a lot of value to the neigh Mr. Gary :k1tt;. 13314 SiIverroa Court, smrea he lives behind Mr. Bahn's pro led a neighborhood oppositi!Jn to any commercial business going into this property. the neighborhood meeting and they look at this as a plus for the neighborhood. He stated neighbors are in support of this development. . :s1:\ DISCUSSION OF RESIDENT'SREQUFST TO REGULATE DIRT BIKES ~ Community Development Neumeister stated a number of Andover residents have requested Ordinance #109 (Regulating All Terrain Vehicles and Snowmobiles) be amended to also regulate the use of dirt bikes and to increase the regulation of ATVs in the City. There have been other complaints by Andover residents about the noise, dust and fumes associated with the racing of dirt bikes, A TV s and other vehicles on and off tracks on residentia110ts. The City Council directed this to be discussed by the Planning Commission and requested more information in regard to the Ham Lake ordinance, the ATV Taskforce and a confirmation of the number of complaints filed with the Sheriffs office. The Pl:mning and Zoning Commission gave staff direction to look into increased enforcement of the noise ordinance. Mr. Neumeister recapped the information from other cities regarding what they did regarding dirt bikes and the noise problems. Mr. Neumeister stated there was an additional letter from Ms. Hilke regarding her view on a dirt bike Ordinance. The C01.mcil discussed the issue of using a decJ.oel meter to regulate the noise ordinance and the -Q- Regular Andover City Council Meeting Minutes - December 3, 2002 Page 18 pros and cons related to using the meter. Councilmember Jacobson stated that the question is how to solve the noise problem. If they have an Ordinance they cannot enforce, the Orilin:lnr-.e is not any good. He thinks the manufacturers of these vehicles make the mufilers to comply with cities' Ordinances and they need to establish some sort of Ordinance stating they would need a noise-reducing muffler that would comply with the best technology. He does not know if they have the capability to do this. C01.mcilmember Orttel stated there are a couple of problems with this. De is the Officer would have no legal right to go ,onto the property to check the mufiler. He does not think there is any way they can enforce this. Further discussion ensued regarding the enforcement of the Noise Ordinance. Councilmember Jacobson stated he thought it was important for residents to understand that the City does not want to ban the machines: Councilmember Trude stated she had a phone call from someone who sold their home because of the noise made by dirt bikes. She asked how they could balance this to accommodate all the oomeo~ers. . A resident stated most of the people riding A TV s do not have vehicles that are as loud as a lawnmower. If most people who have ATV s have stock exhansts, this would not exceed the decibel rt'.l'liline and the Council should have staff ask residents to come and check their mufflers and if it exceeds the noise level, ask them to :fix it. Use it as a positive thing not negative. He stated he is concerned with the City taking away the rights of the residents. Further discussion ensued regarding regulations and the issue of noiSe. , Councilmember Orttel stated the problem is Andover is in a transition and things are changing and during that they run into a lot of opposition. There are other issues besides the noise. Mr. Terry Krause, 17241 Partridge Street, stated a constant noise can be zoned out but a continuous whining noise is very annoying. He stated they could come out with a decibel meter and read it but it would be the same thing as a radar detector where if seen, the noise will stop until the enforcement is gone. Mrs. Lynne Krause stated she would like to have the Council sit out on her deck and experience the noise from both sides of their house. She hoped the Council would consider changing something for those people who moved to Andover for the peace and quiet and wildlife. Mr. Tom Dancheck, 15584 Raven Street, stated the issue is the close proximity. They do not have a problem with the noise, but the close proximity. The other issue is with small children neA.'t to the track. He talked to the MPCA and there are three primary components associated with noise: the noise source, the distance of the noise source to the recipient and the attenuation -:5"1- Regular Andover City Counc~Z Meeting Minutes - December 3, 2002 Page 19 of the SUIrOlmning environment He stated the easiest of these to control is the distance and the MPCA stated a fifty-foot setback would result in a thirty percent reduction in noise; a hundred foot setback would result in fifty percent noise reduction. He showed the Council a graph with noise versus distance dealing strictly with A TV So Councilmem.ber Trude asked if this was based on his assumptions or actual observations. Mr. Dancheck stated this is based on Colorado State Park ATV Noise Measurements and the MPCA Noise Decatur Rate. This scenario is based on one ATV traveling less than twenty-five miles an hour with a standard muffler and measurements taken at fifty feet They tried to validate the information with I"""rting.<: on their own property and it was consistent with the chart. The MPCA told him if they have multiple A TV S, it significantly increases the noise level. Two A TV s 1"1mning at the same time would increase the noise level by :fifteen perceJ;l! and even if one ATV met the local noise ordinance, if they add the multiple vehicles, it would be outside the local noise ordinance. Councilmem.ber Knight stated the calls he has been getting are mainly dealing with dirt bikes. Councilmem.ber Orttel asked how an officer tags vehicles for a loud muffler. Attorney Hawkins stated it is a subjective call He stated they would need to have an officer stay on the site for an hour to get ten percent of a readout Mr. Dan Bennington, 15638 Raven Street, stated he invited' all the Councilmem.bers out to see his track and Mayor Gamache came out and rode the trail for forty minutes. He stated most riders would allow the City to come out and test their vehicles on their own property. ThiS would be a great learning experience for the riders. He is for raising the fine for people who abuse the noise ordinance. He stated they should add to the Ordinance that in order to have an ATV or dirt bike in Andover, they must have them. tested for noise. Mr. Dave Solarz, 2351 180111 Avenue NW stated all his dirt bikes have OEM mufflers and his. trail is more than fifty feet away from the property line. His kids have not been allowed to ride before II :00 am or after 8:00 pin and are not typically out there for more than fifteen minutes. He recognizes the machines make noise but he does have a right to enjoy his property to some extent and feels this is reasonable. He does not know what the solution is. Councilmember Jacobson asked Mr. Erar if staff was pJ:tnning to train a few staffmembers on the use of the decibel meter. Mr. Erar stated if the Council would request it, they could but they would also like to have a few deputies trained in on the equipment also. Mr. Erar stated if a resident would volunteer to have their equipment tested, they could contact Mr. Neumeister to have this done. This would be a good positive step towards working with the City on this. Mr. Bennington stated when the City is ready to test the decibel meter, they could use his property. . -~2-- XA/YJ5EY' C::c-rV A./EW5LEtrcR 5efTe.m],e,r / oc;-obuJ z.oo~ CITY NEWSLETfER · WWW.CI.RAMSEY.MN.US.SEPTEMBERlOcrOBER2005.VOLUME20.N 0.4 ALPINE PARK RECEIVES NEW RECREATIONALAMENrrrEs! On June 9th, 2005, residents, city officials, and the Ramsey Rotary celebrated the opening of a new playground at Alpine Park. The site, within the park dubbed the 'Discovery Garden', features a wood 'forest ranger tower' with various play events and is complimented by a wooden swing and seating area made of large stones. The theme for the play area invites users to discover various elements of the natural and manmade environment - via a one-quarter mile long game in the landscape! Instructions for the game as well as an interpretation of the parks flora and fauna are located on the kiosk. Other improvements for park goers include irrigation of the park's entrance, as well as a drinking fountain for people and their pets. A special thank you is extended to Ramsey Rotary for providing funding for the trees, landscape plantings and comfortable benches! The park is located west of Sunfish Lake Boulevard at 6600 Alpine Drive. Pictured aI lbe nahan cutting (from left to right) are; Josh & Maddy Norman and otber neigbborhood children (in and On lbe tower); Mark Riverblood, Parks and Utilities Supervisor (holding dbbon); Todd Cook,. City Councilmcmber; James Pontius, Park and Recreation Commission; Mayor -Tom Gamcc (with scissors); James Norman, City Administrator (partially on lOwer, behind the Mayor); Jill Johns,. Chair, Park and Recreation Commissioner (with scissors); John Satro!Dy Ramsey Rotary President; David Elvig, Councilmember; Al Pearson Councilmember; David Jeffrey, Cooncilmember; Mark Lehman, Park and Recreation Commission; Tom LaMere. Park. and Recreation Commission; Sarah Strommen; Councilmember (behind LaMere); Melody Shryock, Park and Recreation Commission; Susan Andersolly Ramsey Rotary; Peter Morales and family, Project Slone Carver; and Leonard Linton, Civil Eugineer II (holding ribbon). -~g- FALL W ATERMAIN FLUSHlNG IN OCTOBER The City of Ramsey Utility Department will be doing their semi-annual flushing of water mains begin- ning Monday, October lOth through Friday, October 21 st. Please be aware that this flushing, while it is necessary, will create a disturbance in the system causing low pres- sure and it may cause your water to be discolored. Al- though the water may be discolored by rust, it is fit for human consumption but it may stain clothes that are being washed. To alleviate this problem, you may want to fill your washer with water and check on its clarity before adding your clothes. We appreciate yout pa- tience and regret any inconvenience that this may cause. Questions or co=ents call Utility Lead Worker John Nelson@ 763-427-8254. NEW RECREATIONAL < VEIDCLE ORDINANCE! , Effective September 2005. recreational vehicles MAY NOT be onerated south of the 16700 block in the City. Recreational vehicles may be operated only on the operator's property, on private property with written permission, or on private property posted that "recreational vehicles are allowed" in this area. 1bis new recreational vehicle ordinance is being implemented to provide reasonable regulations for the operation of snowmobiles, all-terrain vehicles, off- highway motorcycles and other recreational vehicles on public and private property within the City of Ramsey. An area for loading and unloading of snowmobiles andATV's will be available in the parking lots of Central and Elmcrest Parks, with a route available to access the designated use area, north of the 16700 block. If you have questions regarding the new recreational vehicle ordinance, please contact the Ramsey Police Department at 763-427-6812. "':. :- Cl?J.d CITY OF RAMSEY RECREATIONAL VEHICLE ORDINANCE 09107105 6.04 Recreational Vehicles 6.04.01 Purpose. The purpose of this Section is to provide reasonable regulations for the use of Snowmobiles, All-Terrain Vehicles (AlV), Off-Highway Motorcycles and other Recreational Vehicles on public and private property in the City. This section is not intended to allow what the Minnesota State Statutes expressly prohibit nor to prohibit what the State Statutes allow. .It is intended to prevent a public nuisance. 6.04.02 Incorporation of Sections. Any person operating a Recreational Vehicle within the' City; unless provided otherwise herein, shall be Subject to the prOVisions of Minnesota Statutes 84.81 through 84.929, inclusive, as amended, and the regulations of the Commissioner of Natural Resources ("Commissioner"), adopted pursuant thereto. All provisions of Minnesota Statutes, Chapters 169 and 169A shall apply to the operation of Recreational Vehicles except those that by nature have no application. 6.04.03 Definitions. For the purposes of this Section, the words and terms listed below shall be defined as follows: Agricultural Zone _ shall mean the areas in Minnesota lying south and west of a line along the following highway rights-of-way: starting at the North Dakota border, the line goes east along State Highway 10 to State Highway 23, then follows Highway 23 east to State Highway 95, which it follows to the Wisconsin border. AD Terrain Vehicle (ATV) - shall mean a motorized flotation-tired vehicle of not less than three (3) but not more than six (6) low pressure tires. Boulevard _ shall mean that portion of the street or highway between the roadway and private property. City - shall mean the City of Ramsey, Anoka County, Minnesota. Council- shall mean the City Council of the City of Ramsey. Designated Non-Use Area - shall mean that area south of a straight line running from east to west at the 16700 block, starting at the Rum River on the east and running to the City of Elk River border on the west. Within the Non-Use Area, ~ss to -~'1- ~0:60 900C-80-d3S ';;' <./'! Elmcrest Park and Central Park will be made and restricted to loading and unloading of snowmobiles and ATV's in the parking lots only. A designated route from the parking lot will be clearly posted to allow access to 167m Ave from Elmcrest Park. A designated route from the parking lot of Central Park will be clearly posted to allow access to Annstrong Blvd for direct northbound travel to the Designated Use Area. Designated Use Area - shall mean the area north of a straight line running from east to west at the 16700 block, starting at the Rum River on the east and running to the City ofElle River border on the west. Mini-Bikes _ shall mean small. two wheeled motorized devices designed for off-road operation. Mini-bikes may include miniature motorcycles and do not qualify as a moped, motorcycle or an AN. Go-Carts _ shall mean a low, four-wheeled motorized device with an open or closed frame designed and used for off-road operation. Off-highway Motorcycle (OHM) - shall mean vehicles traveling on two wheels with a seat to be straddled by the operator with handlebars for steering control. OHM's may include some "dirt bikes", Operate _ shaIl mean to ride in or on, and control the operation of a Recreational Vehicle. . Operator _ shaIl mean every person who operates, or is in actual physical control of a Recreational Vehicle. Person _ shall mean an individual. partnership, corporation, the State and its agencies and subdivisions, and any body of persons. whether incorporated or not. Public Property - shall mean property that may be used by the public. subject to reasonable regulation by a governmental body. Such property includes City parks. City parking lots and public school parking lots and grounds. Recreational Vehicle - shall mean All-Terrain Vehicles. Snowmobiles. Off-Highway Motorcycles. Mini Bikes, Go--Carts, and other motorized vehicles. that by , their use, fit this definition. Roadway _ shall mean that portion of a street or highway improved, designed or ordinarily used for vehicular travel but not including the boulevard. For the pmposes of this section, Roadways not dedicated for public use and not maintained by the City are not included within this definition. Semi-Public Property - shall mean private property generally for use by the public but not owned or maintained by a governmental body. Such property includes m"d 80:60 S00C-60-d3S -s~ --- without limitation: church property, shopping center property and other property generally used by patrons of a commercial or private business establishment. Snowmobile - shall mean a self-propelled vehicle designed for travel on snow or ice steered by skis or runners. Street or IDghway - shall mean the entire width between boundary lines of- any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic (includes the right-of-way or boulevard). For the purposes of this section, Streets or Highways not dedicated for public use and not maintained by the City are not included within this definition. Test Drive - shall mean the operation of a recreational vehicle for evaluation purposes. 6.04.04 Operation Limitations Subdivision 1. Non-Designated Use Areas. Recreational Vehicles may not be operated in the Non-Designated Use areas except in those limited areas where permitted, as descn"bed in the definitions hereof. SubeL 2. Designated Use Areas. Recreational Vehicles may be operated only in the areas defined herein as the Designated Use Areas and then only as follows: a. On the operator's property subject to the provisions of this Section. b.. On privately owned property if the operator has in possession written permission from the property owner; or, on privately owned property if the property owner has posted a clearly visible notice indicating "Recreational. Vehicles Allowed" or words substantially similar. c. On trunk highways, county state aid roads or county roads within the Designated Use Area as regulated by State Statute. e. On City streets within the Designated Use Area only as allowed by State Statute. f. On public or semi-public property within the Designated Use Area only if said property is clearly posted with signs designating the area or specific areas as open to Recreational Vehicles. Sub~ 3. Specific Limitations for Operation of ATV's and Snowmobiles. No All-Terrain Vehicles or Snowmobiles may be operated within the right-of-way, including the ditch of a trunk, county state-aid, or county highway from ve'd 80: 60 500C-60--d3S -S6~ April 1 to August 1 within the Designated Use Area as part of Minnesota's Agricultural Zone. Snbd. 4. Hours of Operation. No Recreational Vehicle may be operated any place in the City between the hours of 10:00 p.m. and 8:00 a.m. Sunday through Friday, and between the hours of 1:00 am. and &:00 a.m. Saturday and Sunday. Snbd. 5. Snow-cover. From November 1 to March 31, Recreational Vehicles shall not be operated off the Operator's property or the property of another that the Operator has written permission to be on. unless there is a minimum six (6) inches of snoW cover on the ground. 6.04.05 Towing Restriction. It is unlawful for any person to operate a Recreational Vehicle so as to tow any person or thing on a street or highway except through tht! use of!l rigid tow NIT, as defined by State Statute, attached to the rear of the Recreational Vehicle. 6.04.06 Equipment Requirements. No Recreational Vehicle shall be operated within the City unless it is equipped with the following: a. Brakes adequate to control the movement of, and to stop and hold the Recreational Vehicle under any condition of operation, b. When operated between the hours of one-half hour before sunrise, one-half hour after sunset, or at any time of reduced visibility, Recreational Vehicles shall have at least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. The recreational vehicle shall also be equipped with at least one red tail lamp plainly visible under normal atmospheric conditions. c. Standard mufflers which are properly attached and in constant operation and which reduce the noise of operation of the motor to the minimum necessary for operation. Use of a muffler cutout, bypass, straight pipe or similar device is prohibited. The exhaust system shall not emit or produce a sharp popping or cracking sound. d. Snowmobiles must have reflective material of at least 16 square inches on each side forward of the handlebars, so as to reflect lights at a 90-degree angle. 6.04.07 Test Driving. Recreational vehicles may be ''test driven" within the designated use area as follows: S0'd 60 : 60 ~00C:-60-d3S -S1~ 90 . d ltJ.LO.L ::.. a. Test drives shall only take place in an area clearly posted with signs designating the area as a test site. b. Drivers shall wear helmet with a clearly visible orange stripe. 6.04.08 Map. A map showing the boundaries of the Designated Use and Non-Use Areas shall be on display at the City Hall and the Police Department for public viewing, during normal business hours. 6.04.09 Misdemeanor. Whoever violates any provision of this Section 6.04 shall be guilty ofamisdemeanor punishable by 90 days injail and/or a fine of$700. 90'd 01 :60 SOOG-60-d3S -S#'- ,. .. ....-~ ~ "\ ..Jr- I i ~ I~' --::. , ~ - , ~ . I ,... I - " . . 'J i ~ \. -.... ~.~-t ? I ~ - ~ 'I - ~ ,,:: ..~ - ~ " _I b~_ _ ll'------r- "'~ I, t i 1::1 '" '\l 4 \ -~. "'-"1' I fi ---""'~ . ,-,..:~ ::.~ --..-- _. -h~ "', V ", ~~-~.= '~l__ ~ ~~.i . ~ ~i'~ ~~'. ',-,~ :'-.. ~~- ; . ~ '~'~I j{-; n ,~ ~ 6 '--f--..J~ - ~~Hlf" 'G r- "'J< G "'f<: J..L. ~ -- "-..:I:~'" I ~ . J~,.PJL; ~h ! sh / h-rpr:. :::~ 'J 1 F~,s ~.' ~ ~ ~ (!ll- ,:': 11i,,:ir.~"(!lC ~ ~"-; ~~ ;': 1 / U j!--;... - ~ 'Jl' J.i-1~ .' fiJ /, l!;!W ~~;, ~:~\~ - W - G -~tlJ:- " - -%.,: 1;: -= ~ ~ " ~~d l~-':'",~ - '. 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'. t~ ) _. ~ (!l ~4 I--". ,-J_ '~ ....... -\\ l' .,' r /::1 <t ~! 1 -'<i : - d ~ 1 '" " a -! 0[1 _ ,Lj\1~- . -/ ;/Si~! Ii /}' .,. ~..::::7'- ~.'.'.).___'...<~\.;;',:~.'.'..' ~~. ~.......'.,._'..'.::",...'...'...' 'Y' 3Nl<n~HS ,.. . ..'," '~.. .;~ ~ ,. , . It: ,"'. '<. ~~ ":L~,.~L!.J --, I . --_I, :,'., '" ...,: . .'.,:' .~~ .. .. ..' ;;iiJI . 1/' -.......",,~.. _ I < I - , ---.\ / 1=:1 \f;!& "I .. e ; ~ -51- CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US FROM: Mayor and Councilmembers Jim Dickinson, City Administrator Will Neumeister, Community Development Director t~ Courtney Bednarz, City Planne~ TO: CC: SUBJECT: Detached Accessory Buildings in Front of Neighbors Home DATE: January 31, 2006 INTRODUCTION At the October 4th meeting the Council asked staff to explore how this situation can be avoided. DISCUSSION The potential for this situation occurs on short cul-de-sacs where a comer lot faces a side street and the neighboring lot faces a cul-de-sac as shown in the attached graphic. This is a rare occurrence that affects less than a dozen lots in Andover. The attachment shows the worst case scenario where the cul-de-sac street is just long enough for the side yard of the first lot to remain parallel to the street before the curve of the cul-de-sac begins to affect the setback of the second lot. If the Council wishes to prevent this situation from occurring in the future a different setback could be required for this situation. One option would be to use a line of sight measurement as shown on the attached graphic. In this case line of site would mean no closer than the front yard setback of the neighboring lot. It is important to note that each situation is different as represented by the second graphic. In this scenario a line of sight setback would essentially prevent use of the rear yard of the comer lot. If an alternate setback is to be pursued, the other types of improvements that it should or should not affect will also need to be determined (i.e. play structures, swimming pools, athletic courts, etc.) ACTION REQUSTED The Council is asked to determine whether an alternate setback for this situation should be pursued and to provide any other direction they may have. Attachments Worst Case Scenario Another Scenario -,bd - ( I I 10 10 r..: en -, 8~~.2. OW f wU _ :f- ix> VlZ 35.5 I ow ~@ ~ in 0-0 :Ii It'_8" 0- 0 a::~ DRIVE I o-a:: ~" i!1 1'-0" ~r:.rr'''' ( b '0 '.0 ,.,~- ~~Io.IC. o B%.'l. III .0 n_ -- ------ --L==64.27-- 'Tl"cb , 8't~. "0 ~",cv...--\e.. C....",,- 137TH LANE N.W. g ~ WOR.sIUSE.~~e.to <) '81-0.".. r-..:...." . ~.W. I ...!'<. e I ...... I . ..... ..... I ...... I " . 1 ..... ..... ... I ... , '~,. I ..... I ... I .. I I I , I I J\'ll.'- \ ,,) . ('tiiJ -...- '~OO. 046,00 , . . I ~ " pROPOSED HemE ... 1 .' 12 CllS. tsNT. :It I ltl W,tU(Ol.I"I N I I I \4.33 1.,1'>'1'1.1 I, \ ' I , . l. ' l~.L__---t'.J.:! I I " t, , I' " I 1 , I \ III / I " I / '0 I ( ~' 10 a'1I.1 . 8 ~d ,fit) - \1.00 .. $I '. OAAIIOC .,..--- ..... .... ..' ,.,."'. / /' . 137TH LANE 'NW -'1- re' .,4NUTflE~ /'_- ::x.:.J:;:-N~' 0 \~ 9f.~ 38TH A VR~ - ~:~.l!i N w:--- - ~ 777.7 . . 89~, 4~6?7}B 959'77" . ------ 1:2, \~ \~ \i I~ z o ~ ~ o D ;""'-------- I - I I , I I I I --- " - . U) IX) IJJ . ~ 10 -IX) ~ . - o (/) J6.0 \ 4 1,'\ e'l oJ . 00 ~~1r0; '!) .1r~:i~A; 'l\ . '" . Iv ~ric r ,c?)' ()().. <cP; ~1O\ ~<6"';)~ ~, ~ -(;z..- 0'1 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER,MN.US FROM: Mayor and Councilmembers Jim Dickinson, City Administrator . // Will Neumeister, Community Development Director .<<I:itr- Courtney Bednarz, City Plann~ TO: CC: SUBJECT: Residential Encroachments - Direct Source of Light Visible DATE: January 31, 2006 INTRODUCTION The Council asked staff to revisit this language from the residential encroachments section. The existing language is shown below with the specific issue shown in bold. DISCUSSION 12-4-5: PERMITTED ENCROACHMENTS: The following shall not be considered as encroachments on setback and height requirements, subject to other conditions hereinafter provided: A. In Any Yards: 3. Yard lights and nameplate signs in residential districts, trees, shrubs, plants, floodlights, or other source of light illuminating authorized signs, or light standards for illuminating parking areas, loading areas or yards for safety and security reasons, provided the direct source of light is not visible from the public right of way or adjacent residential property. As stated by the Council, there are a wide variety of commonly used and relatively unobtrusive yard lights that do not shield the light source ( or bulb). It is suggested that the bold language shown above be eliminated. This section is intended for encroachments and not to regulate the types of lighting that are permitted. Another Lighting Issue? The attached City Code 12-14-7 shows additional regulations concerning glare in all districts. The Council is asked to determine if this existing language needs to be modified. Staff appreciates the existing language as it provides some discretion to determine whether lighting is beyond the norm and can be used for enforcement only when a nuisance is truly created. ACTION REOUESTED The Council is asked to determine if eliminating the bold language is acceptable and if City Code 12-14-7 (attached) needs to be modified. Relhfi ~ed, ~ -63- L. Ground Cover Maintenance. Ground cover must be maintained in accordance with Sections 9-10 of this Code. M. Removal. Unless a modified landscape plan is approved, landscaping and screening materials and structures approved on a landscape plan must not be removed except when replaced in accordance with this Section. N. Surety. To ensure that landscaping and screening is installed as proposed and survives through at least one full growing season, a landscape performance surety must be submitted prior to issuance of building permits for new development where a landscape plan is required. The surety may consist of a bond, an irrevocable letter of credit, cash deposit or other instrument which provides an equal performance guarantee to the City. (Amended Ord. 314 10-4-2005) 12-14-7: GLARE IN ALL DISTRICTS: A. Any lighting used to illuminate an off street parking area, sign, or other structure shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. B. Direct or sky reflected glare, where from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property. . The source of light shall be hooded or controlled in some manner so as not to light adjacent property. D. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right of way. E. Any light or combination of lights which cast light on a public street shall not exceed one foot-candle (meter reading) as measured from the centerline of said street. Any light or combination of lights which cast light on residential property shall not exceed 0.4 footcandles (meter reading) as measured from said property. (Amended Ord. 8, 10-21- 1970) 12-14-8: SIGNS: A. Purpose: The purpose of this section is to provide minimum standards for the safeguard of life, health, safety, property and public welfare by regulating and controlling the design, quality of materials, construction, type, size, location, electrification and maintenance of all signs and sign structures not located within a building. -&<1- @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: CC: Mayor and Councilmembers Jim Dickinson, City Administrator FROM: Will Neumeister, Community Development Director Courtney Bednarz, City Plann4 SUBJECT: Discuss Open Space Issue-Planning DATE: January 31, 2006 INTRODUCTION This memorandum is intended to provide information on open space preservation techniques generally, on referendums in Minnesota and to offer potential applications in Andover. DISCUSSION Open Space preservation efforts have evolved over time from simply protecting natural landscapes and farmland to include acquisition and development of parks, trails, buildings and recreation facilities. Comprehensive Approach It is important to evaluate the community as a whole to determine what types of natural amenities remain and their relationship to the City's development policies. In this manner we can begin to see areas of particular urgency and in a broader sense which areas make sense for preservation because they can be linked together or perhaps represent the last chance in an area of the city to preserve some open space. A comprehensive approach is also more likely to gamer broad community support and will certainly be a useful tool in guiding park dedication decisions in the future. Multiple Funding Sources As land prices continue to rise it will be important to combine all available resources to make open space preservation feasible. Some of the options include: . Landowner donation . Purchase of conservation easement (as opposed to fee title) . Transfer or purchase of development rights . Park dedication . Federal, state and Non-profit grant programs . Bond referendum Opens Space efforts in Minnesota The legal size document enclosed in the packet is a list of conservation referendum measures in Minnesota. The far right column indicates the actual ballot language and typically summarizes the activities that will be undertaken. According to the Trust for Public Land the success rate in Minnesota is approximately 76% which is a few points higher than the national average. Referendum Measure Planning A flowchart is attached to show the detailed steps involved in a referendum effort. One of the things that we have learned is the importance of active volunteer and community groups to begin to build support for such an effort. Polling also plays an important role in determining what the most successful focus of the program will be. Potential applications in Andover There are a variety of ways that approval of open space bonding/funding could be used to enhance the park and open space system in Andover. 1. There are scenic properties throughout Andover. Depending upon the goals of the Council, specific sites can be evaluated more closely. If funding were approved as a publicly supported bond referendum, selected properties could be acquired. 2. There are large wetland corridors throughout Andover that limit the development potential of parcels so encumbered. With funding made available by a bond referendum there may be an opportunity to secure pristine natural areas that have limited development potential as well as the link them to the regional trail system. 3. The 'full buildout' of the park and trail systems could be funded. ACTION REQUESTED The Council is asked to discuss this item and to provide direction to staff. Attachments Embrace Open Space Survey Results Referendum Flow Chart Enclosures in Packet Matrix of Referendum Efforts in Minnesota The Economic Value of Open Space Respectfully submitted, /tJ/; /I~A?rY~ Will Neumeister EMBRACE OPEN 5 PAC E 2005 Twin Cities Metro Area Public Opinion Survey The public opinion survey is part of a comprehensive evaluation of the economic value of open space from the public education campaign, Embrace Open Space. It provides insight into how much Twin Citians value open space. Key Survey FindiDl!s: . Nearly two-thirds of Twin Cities residents would pay between 10 percent and 25 percent more for a home that was within walking distance to an open space. . Among all metro residents, 71 percent said they would pay at least 10 percent more for a home within walking distance of an open space. Among residents who have recently moved, 70 percent said they would pay at least 10 percent more; among those who intend to move soon, 69 percent said they would pay at least 10 percent more. . By a 70 percent - 24 percent margin, residents would support a $30 per year property tax increase to raise funds for purchasing, restoring, and maintaining natural areas in their county. . Residents reporting they are "very satisfied" with nearby open space are more active in their communities. Residents who are "very satisfied" with the amount of nearby amount space also are more likely to have stronger ties to their entire community than others; 50 percent of those very satisfied with the nearby open space say they feel a real tie to their city or township compared to 40 percent of all respondents who felt close ties. . There is a similarity in the data between older, more affluent residents and younger, middle- income Twin Citians. Fifty-eight percent of residents between 35 and 54 were willing to pay between 10 percent and 25 percent more for a home within walking distance of open space, compared to 53 percent ofthose 55 and older. . In 2002, Dakota County passed a referendum to raise property taxes for open space acquisition and preservation. Most Dakota County residents still see great value in preserving open space; for example, 73 percent agree with the statement, "even if the land acquired for preservation is not in my immediate area, Dakota County should preserve open space as a legacy for the future." . Most Dakota County residents think the referendum funds allowed preservation to occur in key parts of Dakota County. Bya 47 percent-7 percent margin, residents agree that the referendum allowed Dakota County to acquire and preserve open spaces in spite of significant development throughout the county. Methodology: This study was conducted by Decision Resources Ltd., a Minneapolis research firm. It contains the results of a telephone survey of 500 randomly selected residents of the eleven-county Metropolitan Area. In addition, a "balloon" sample of Dakota County residents was undertaken to bring their number to 400 respondents. Survey responses were gathered between August 15th and September 6th, 2005. In general, random samples such as this yield results projectable to the entire universe of adult Greater :\Ietropolitan Area residents within 0104.5 % in 95 out of 100 cases; in the case of Dakota County residents, the results are projectable within 010 5.0 % in 95 out of 100 cases. www.embraceopenspace.org -3- I"!-"U:::'tl _.~ ::3z _ -,r_:~ "'.::J <( t.!--o'-C-.....J ---- ......... ro I-< I-< ~ OJ cz::: OJ > ...... .j-l ro ......... V) ...... b.O OJ .........:l '--" 0) I-< ::l III COO 0) ~ .j-l 0 ......... ......... 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B g 0 u E "'O'o~~8 ~u';::vic 'C ~ .~ ~ .2 ~~g8~ gc.~tf~ u v 0 G.J ... ~:~~t (5 ~ ..r! .~_ ~ ~ 0 c co Cc 8..2 E Co) '- .c ~ g 13 '7~ .. 0'1.. b E 0 ~ C1 ~ E .~ :g "2 -g .9- ti o CJ C'3 g.. 2 o u ~ 0 t;j :s: ~ ~ :>. c ....... 0 Co t'3 0 o-~c..~ co_vr~ U t: 5:'=: U .- E Egg -550.00- E.2-o Vl c; ~ 0 ::J t: ~ c: t ~ ~ (/) (Q -0 ._ 0 '" '" " 0.. o o o o o "t VI o '" '" -l': " 0. C .2 'i;j ... ~ u ... "- . '" 0_ u .- " " o.l:: '" . c~ o ~ 0." o 0. '0 C o c:l '0 C '" '" -l': " ~ C ~ .2 'il '0 0 C ~ o u c:l 1! .... '" '" -i' ... c " ~ c " ..0 '0 o o :;: c " ..0 '0 o o :;: '" '" '" ;., ;. ~ >< $:! '0 o '" '" ... ~ u .S ... -5 ..... o E " o E '" E " E >< " E ... .c f- u.i Vl ..: UJ "- U Z ;.< <( f- >- f- "- UJ 0.. o "- 0.. ..: "- o u. Cl Z f: o > UJ "- ..: :lo 00 >-0 z8 00. f:.;i tG .~ :l~ O'~ (-~ o~ ..J1l -J 'S ~~ Vl] i= :: Z il o >. tn ~ UJr;: >- " o~ Z (- ~ o ~ > >< e ~ '" ... u c: cO ... g-5 eo;., g..o - '0 eoO c: .~ .~ E o ... ==..0 .E u '3: oS E .g-s ~ E .5 5 '" E ~ '" " u ~-s U'O E C '" ]~ -.; >< ~ .~ (5 ... '" " 0-'; c ;- .5 U ::E-l': '" " u E ..21) ..:( ~) '" - E .. " ~ ~ o 0 ;Z Cl- @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Review 2006 Overlay Project/06-2 DATE: January 31, 2006 INTRODUCTION The City Council is requested to discuss public concern and design items for Project 06-2, 2006 Overlays. DISCUSSION The developments identified in the City's 2006 CIP are the Lunds Evergreen Estates 2nd_5th Additions and the area referred to as the Stenquist Addition. Neighborhood informational meetings have been held for both areas and the preparation of the feasibility report has been ordered by the City Council and is currently being prepared by staff. As you are aware, the Lunds area has much opposition to the construction of concrete curb and gutter. The preliminary assessment/cost for each lot that would have concrete curb and gutter is $4,700. Attached are the resident comments for your review and discussion. Through the preparation of the feasibility report a few design items need to be discussed for the Lunds area before the project can proceed. The design items to discuss will be the storm sewer design, street widths and the Municipal State Aid portion of the project, which is l6Sth Lane NW located on the north side of the project. Some questions have been raised regarding the City's Concrete Curb and Gutter Policy: 1. First, the (7) "benefits" justifying concrete over bituminous are vague and difficult to quantify. 2. Anoka County uses bituminous curbs on County roads. If it's good enough for County roads, it should be good enough for our residential streets. 3. Bituminous curbs, when properly spaced and installed, provide a satisfactory, long- lasting product. The existing curbs in Lunds are a good example in that they are still in good condition and have required no maintenance since construction. These questions will be discussed at the meeting. Mayor and Council Members January 31,2006 Page 2 of2 The residents in the Stenquist area that would be assessed are also in opposition of the assessment related to the concrete curb. The preliminary assessment/cost for each lot that would have concrete curb and gutter is $2,835. Their comments are also attached for review and discussion. Staff is currently working with Carl Spencer who owns land that borders Makah Street NW on the east and l60th Lane NW on the west, to acquire a drainage and utility easement to handle a drainage problem that currently exists on the east side of l60th Lane NW. The proposal is to construct a cul-de-sac and a drainage pond on the property, in return Mr. Spencer would provide the City with a road and drainage and utility easement. This lot has the potential to split. Mr. Spencer is considering pursuing the lot split at this time to ensure that it meets all the current lot split requirements for an R-l zoning district. There are key questions that the Public Works Committee suggested the City Council address related to the concern the residents have regarding the concrete curb assessment. They are as follows: 1. Is the City willing to tolerate a lower road rating so that Overall Condition Index (OCI) gets into the low 50's before reconstruction is considered? 2. Should the assessment policy toward assessing for new concrete curb be changed and assess all affected properties for the improvement on a percentage basis? Example: If the project costs $1 Million and 25% is the Council's acceptable percentage, the residents would be assessed $250,000 of the project cost. If this was the policy the Lunds area would have an assessment per lot of $4,260 with some lots getting concrete curb and other lots not. 3. Is a longer assessment payoff allowable? The policy for assessments less than $10,000 is 5 years. Would 8 years be acceptable? 4. Is the City willing to delay projects if the majority of the improvement area is in opposition to the assessment? Should these areas be pushed back to the end of the 5 year capital improvement cycle? 5. If a Municipal State Aid project falls within the project, should the entire State Aid portion of the project be deducted from the assessments? ACTION REQUIRED There is no action required at this time. This is for review and discussion. Respectfully submitted, ~Q. ~.O<r~ David D. Berkowitz Attachments: Resident Comments ./ COMMENT SHEET 2006 Overlays (C.P. 06-2 & 06-9) Lund's Evergreen Estates 2nd - 5th Additions Tuesday, December 20, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Name: ~ <!-ohawn ( ,oj)vz.A Address: LeL\ lQ IlP'lth La.rv--f\J 0 Phone: l 'S"Q-OY LPl E-Mail: ro...\l\\a.Y\\~@ eo.orcnk,(OJ?'""\ 'J Comments: ~tr dC1Y\lLQ, -tr-orJJ'C 6+~D~Ct\QO.J. ~d~"~~aM\ I~&h, or IZ , - - S.own l- {2th ' 7Q/\h'0ffiO ~ ~th ~ '- d \ r"f th.Q; _ ~ t\~ ' "'eJ Oy\ l (Qf)t! ~~ Ti'\Q..AO ( . h Q "b-r (Y\ud" cu'\Ci c-1~'J:L~ G::, ro+ rut) v:S-:,lAQ.-C7Y\ I b' H:IEngineeringlCity ProjectslOpen City Projectsl06-2 2006 OvertayslWord DocumentslCorrespondancelResidentslCOMMENT SHEET lunds.doc COMMENT SHEET 2006 Overlays {C.P. 06-2 & 06-9} Lund's Evergreen Estates 2nd - 5th Additions Tuesday, December 20, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Name: c..--\\1-~S €~USt+ Address: \ ~J::::>~ Ce()( l.. 1. c:; Sf.. N W Phone: (1():,)1.s-;-y I ~ S E-Mail: Comments: X. ~CUl-C::> L\~~ -fr Cc~t.(I 0:- )t"\"E:' ~oeCV\~i'tI~ M.~~,ArGE'MbJT P2~r"( ~ Po~\') Oe'"':.::;\(...,N t;07 Lu~~s ~~ Pf\e.t.., r L2f\.s; t -rt\)c...Lu~'E" ~\J'Nd=F' C-Al ('_'5 ~ 7\~ iV\LltT T..:2? _ M ~~t0 T n ~S \ &~ . H:\EngineeringlCity ProjectslOpen City Projectsl06-2 2006 OvertayslWord DocumentslCorrespondancelResidentslCOMMENT SHEET lunds.doc C I T Y 0 F NDOVE COMMENT SHEET 2006 Overlays (C.P. 06-2 & 06-9) Lund's Evergreen Estates 2nd - 5th Additions Tuesday, December 20, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Name: -'~M~T .l)(/PDnr Address: Zb 7q -/0, 7 ~ ~ /1/ Ct//-14JOJJ'7J\/ M4/ <)')3<.J'/ Phone: 7b~-~ j3-15U\ E-Mail: marqboh 2inJ-{cJvs[;mliv f7-ej U 7 Comments: ([JP/rr/il p~J(/,cLe 0 fc;f/tY of f/t..t;./JJ//rtl /17-P/llrr/}U;7d _ I.L /I I' .\A Iv"OS t h !Ilk: /71'-f'~ 1/ / ...... r" \-z, (~Y?/-N5f p~Jl/,dtct{.e.r;:c Cfil<Jy% 7fLb7h~ H:IEngineeringlCity ProjectslOpen City Projectsl06-2 2006 OverlayslWord DocumentslCorrespondance\ResidentslCOMMENT SHEET lunds.doc COMMENT SHEET 2006 Overlays (C.P. 06-2 & 06-9) Lund's Evergreen Estates 2nd - 5th Additions Tuesday, December 20, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Name: {hCHJY7 0{{11/,"n Address: ') (, L('Z I b 7/1 LtJ-J1t' Phone: Ie, '3- 7~3 -d-( ~I E-Mail: Comments: ~-t -ShdA I,.{, be. an v.J-k,r- f1 vll-e .f lo.11. . /110 etA r-~ S ? '7Q--, Y~1[,\ch (.os+- p r.eS'/ d.eM-iS Wl-fh i-'l"i''S J la,n. rf ~ (,'-ty w/J-nfr,; Phic;, ~ fJ cK \Af }1"1D ,..( o~ -/1.-e C 0<;-1-. 11-( " hP171 p: +- I' ) s +0 -Ik ma,rt )/111 f- ~ uC;/' rl..e.1'\-t-; H:\EngineeringICity ProjectslOpen City Projectsl06-2 2006 OveriayslWord DocumentslCorrespondancelResidentslCOMMENT SHEET lunds.doc tJ~_O~ COMMENT SHEET 2006 Overlays (C.P. 06-2 & 06-9). Lund's Evergreen Estates 2nd - 5th Additions Tuesday, December 20, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Phone: Name: Address: I~ ulr .~ ~/~- " .. ." H:\Engineering\Clty Projects\Open City Projects\06-2 2006 Overlays\Word Documents\Correspondance\Resldents\COMMENT SHEET lunds.doc Page 1 of1 ~~ Dave Berkowitz From: olson2942@comcast.net Sent: Monday, January 16, 20069:21 PM To: Mike Gamache Cc: Don Jacobson; Mike Knight; Ken Orttel; Julie Trude; Dave Berkowitz Subject: Concrete Curb & Gutter Policy Dear Mayor Gamache; I recently attended an informational meeting regarding a street reconstruction project in the Lunds Evergreen Estates 2nd -5th Addns. Part of this area has bituminous curbs and part has no curbs with ditches. The portion with bituminous curbs is being proposed to be reconstructed with concrete curbs in accordence with the City Curb & Gutter Policy dated Nov 1, 2005. This cost will be assessed to the affected property owner for reasons that escape me but that is an issue for another time. After reviewing the Curb & Gutter Policy, I feel that there are several areas that need to be examined. First, the (7) "benefits" justifying concrete over bituminous are vague and difficult to quantify. Second, the cost for concrete curbs in the rural area is projected to be between $ 4500.00 & $ 5000.00 by your engineering department. This is not acceptable to most, ifnot all, of the affected residents. Based on the above and the strong feelings of the affected residents, the policy, and its application in the rural area, should be discussed at a public hearing. We have public hearings on Rural Reserves, Comp Plans and other important issues. This is important enough to the northern residents to be heard. Bituminous curbs,when properly speced and installed, provide a satisfactory, longlasting product. The existing curbs in Lunds are a good example in that they are still in good condition and have required no maintenence since construction. Anoka County uses bituminous curbs on County roads. If it's good enough for County roads, it should be good enough for our residential streets. Respectfully, Jim Olson 16658 Wren Ct 753-5215 olson2942@comcast.net 1/17/2006 COMMENT SHEET 2006 Overlays (C.P. D6-02) Stenquist Addition Thursday, December 22, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 !Joe. '?~. a/;IJIP ~tV7Mr Address: /tJO"tP A!-tV~df/t;m~ <11 !Yi/' Phone:{7,0~}..y41- /9'7/ E-Mail: (jSCl/JW (fiJ) a-ft ~ ~~t:. Name: ~ 'J. /Z.:r . , Comments: .A /1/;-/ v?//hAJr:/(LL (jl1/..MMI'" I:IdJ~.4/ - f/rdd-i4 /hadMq . t7 tl /' 0 4iv~~F~ 1;t/'(-f~9 y/LdtJ -6. /&cJ&'~~0~.ML cdb~/7d'~J)-tftLc ~/&!d f ~M), L~f.# 01.f.C(/d. d?! #.?j~/d. ddvn ~---IPM /7,11/flLd1/cff/dj - I ' II ,,/)~7?J : I) ~t/ ~rd7f~: r2bffd#dnLI(ILJdW~7f>>~~~-liL~ ~ ~~~o/. . tfUfJ/#75/J} ~.~ d1 /A-6 ;/JJI.. ~) /7..6 tfb~;;MI/ 1 /fJ~L/!! .#~/J~/ A/t~ gL&L(~' J j. ~. ld'h! /.7~//LI . '7!dt./ r--1/:7;~I'// /9?'PJ.~r....t./ /?u/d/ ./J'7~/L.f. /f4d ~ ltJjd.:lYUZ'4' c:7 ca--2taJu:/~J? #/'d ~~//#'/L~I/#L /b ~~ &t./~~. 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I4Pu !Jfd ~ :1 ~7df' IN)dJ ff'L r ~ wu bm7?'nW. ~~ . /0 l&tJd'? a-uu~d-- ~ (1'?1) -Ic?/-/~'71 CITY OF NDOVE COMMENT SHEET 2006 Overlays (C.P. '06-02) Stenquist Addition Thursday, December 22, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Name: A}{:/?(<7';d,~9u-Y'~ >Zt?/?C//?/?~ . Address: 4 Co L{ 3 - l ~ 0 J{Cl'/77,€ N. \( I. r?/Yl~ 'Jr: A > Phone: '14.>?>- LI.~ \ - 000"'" E-Mail: Comments: c7'-1P fl<?/'71A0/"d ~/)^ji;/.r.c :6..-)()/ Lr /'/'<?1..<" /lIra- b A.t{'?/"r'i& 9//Z:b.JJ ~ ' \ ~()'ZX~/.?1r ~d /h,.;:f-~~ ) - .c ~ /)F. ~#f" rl{Y/~ mf) h ~ A' /,/?~/J1( <"'<>( >"4' ,;>0,,4 NKd 7f\~O ~m~. ~E/)'€' /0/ t'h?'. //'YJ/'~;J?~ ?! 3 \/~flP~/')~' . P b/lJ€--d-. ~ (..1{ 2, - \ ~ () ~-?1":- Ci{:rl' ~ 5 -}~ o-/7~ )) ~dt= ::~:;;;:~'~ ~7':~4?,/7::;;~d. //>'Y'~ ,/ '7lii) -/J"7/')p~;q ~ 15q~ /.J' ~~ ~~ // 'r"T'7> ~; - /&./n7.-r/?n/)~ /~d -'l??~r/X ~ (Q.-"'I?, /7./".;~U?/ ./~.2' o/-.LJ~ ,,//)1 /.t'~~~ fA"O?d*~ ~/)1"P~/)//ta-b-n?;. ~ .f~/~_./?pn/ /Jff'./Ur1r. ~ 0~~ ,b(;'b-A~ IW ~).~~~~~d'nL~ H:\Englneering\CIty Projects\Open City Projects\06-2 2006 Overla~ord D~cuments\Correspondance\Res~~\COMMENT ~s~~~,~~--ciC.~~,/ COMMENT SHEET 2006 Overlays (C.P. 06-02) Stenquist Addition Thursday, December 22, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 ;j~>/ 1/ Ro/sfa-L Address: '4fo;? /- /ft::;O-T"h /vi N0 .A1cltlY..er MIJ Phone: 1fP,1;- 4;;;'7- /03<t E-Mail: k/2D&5111D ~CJ0I.GJn) Name: Comments: H:\Engineering\City Projects\Open City Projects\06-2 2006 Overlays\Word Documents\Correspondance\Residents\COMMENT SHEETslenquisldoc Comment Sheet We are in disagreement on the proposal of curbs on 160th Lane. Curbs will not be solving the problem of the standing water on the East end of 160th Lane. 160th Lane slopes to get drainage in three areas, water sits in that spot every spring before the frost goes out of the ground. It is affecting 6 neighbors of which only one is complaining. It was brought to my attention at the public meeting on December 22, 2005, by the City Engineers that their reasons for the curbs was to allow better drainage and so the snow plows do not damage the edge of the streets, and for generally a better appearance. It is to my best assessment of the situation that a cul-de-sac and curbs at the East end of 160th will not help the water problem, but more likely, encourage more water to sit in the bowl of the cul-de-sac as curbs and a cul-de-sac would not change the physical elevation that is creating the water problem in that area. The concern at hand is to find a reasonable way to handle the water, which has to go somewhere each spring. Thanks, Neil & Karen Rolstad 4681- I 60th Lane NW Andover, MN 55304 S1\NDbVE~ COMMENT SHEET 2006 Overlays (C.P. 06-02) Stenquist Addition Thursday, December 22, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CllY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Phone: Steve bievL;NE{ 4-1z,C; /10 7#-L;1JJtNW. !bJ....L/?:1- S31t(- E-Mail: ~1'~e.~ 6~lJbJ (0 de\\lft . co"^' Name: Address: Comments: ...,-, II If /JI,( CvAb'JJ{'( ~~ 160'w- ~ 1J,1iJ. I vJ~> (U-y V >e-r ~ H~ Il#rT Efe f~t.JI{/AJAtP/ 1I;1ff21M fbe 7.?G" CV~IIJl1t \,lIJIb (Wr l3eF~ -r;I~ CoMA "re, AI 711~ t!Gflt..Y IAJ~IJI/la;T 71~ or , I ,-=--==- ~ s: oC> P.M. olJ 7ifvlYlAy, bf(gIJ.~ '2kiJi>, ~GIf{ ,,*hlttff C.(~.s7MA$, . r Wl\~ Nor M>t..? to A1/il;f)... ~N YOU ~orY7 w#"I ~) IN 7i-uC/lJb wr1i( A lktMf(J;o(l., WilD Wit;> II e~ 10 li!i1Jo, AS 7i, w/IfH 1ik D,Sai<G"'J S W""" I :r: r;;,,,p M$ffrF 7iT.of #.<1m%) tr 1ft; lid: tF 1JJr:V1Z~Jl11P<<J AIJO ~Jf}AJI';b. ljHItCJI ~tI $Gefl1ef) ~ IIUt. A,4~1J ~ b IVfN fOfl. #It ,. ClJt2I::>lJJ~ it W oca;12. I {,tJEiU 7i Me, &VI1F Jf$GvIJ'()/IJ~. [)e/r/tJ I1ltt l$veS '? W~ H~e Uvt:Q llJ we. tf~~ f<<z- let- YfJ1.IlI. APO I/t,;e !litO No leAtN4fitl/5$1If$ COMMENT SHEET 2006 Overlays (C.P. 06-02) Stenquist Addition Thursday, December 22, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Name: . Address: Phone: E-Mail: Comments: W HPr"( t70 EWe~. ~ ;?,P11I;;,.?s( O~,12.. tf~ t?JI/2... /.pI IS B/$Il:j 1Wr /-d1/J~"'" ~LEvff~!jj oN Me 9f'1Ufi;?/.., SPee... ~~1 W#/pt' &s "1i!~) /:;vI ~ &lJ/cJ!L y ~ /u70 1-1t: s"Wf). IT IS f~~ t1f~ j)zA-rJJ4{,(e ." r flJEfl.,tPMft 7.1e j)M/ilAkf'1 /Is. 7i?/f-r /> N,y~ ~y 6fl;R;;Bff G~s:r: r dAlt5-"'-l--Y cPl/t,I)l./"" A$~ fCll- A- &l1i12 SGFVfJ... I IN Wit-wert PISStV~~;"t'IJS 1I(j).f~rz-.Y tf:U;PiIItc. ,/gAIt'> ~ ~~ Wgu ~~~llJP... ~ ~V /(fC(}IN6UE!// . CV\-l>esALS : AfP4.tmrt"V I ~~ erN S~ 7i 'f3eueVe 7il1f-1 BvSeS /fItve *1/ 'I'" <f\NDbVE~ ". COMMENT'SHEET 2006 Overlays (C.P. 06-(2) Stenquist Addition Thursday, December 22, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Name: Address: Phone: E-Mail: . CJTV OF NDO'TE 2006 Overlays (C.P. 06-02) Stenquist Addition Thursday, December 22, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 I COMMENT SHEET Name: Address: Phone: E-Mail: Comments: lOTtrL. 1IM.E:- of -r~\ ~e.1i"t.t of THG:" ~% ... 55 ~S ()IJU) 4 # ID,"(:)O Cl1l/Jf3:5/cl. IMP/UJIIG bN 77/.d-r 7/'11113' ~i?:. . .D~~ if vr;~Y flfvol / ! r "Dour Qv\{t ~ ~ 1iks lIJt(oLE r{}eA 7il~( we NEEt> Cvf!AIM;,. . CvtW~ I1lJtJ ~tI)IN61 ~,(IO~ "IF /;r~~ve ~.ce. /!eM 1$bM/, ~J'r I r-r N(f;OS 10 6~ 'BOll sfWo, As tr /s .4 w~ pF 7iA1€r~'KP4D /1rIJf) f3JJlt::tf'1 h,tJ'O Aco:z-lc;. 1 AJJp Atool..J~ AlL 1 ~~~-m-ltJ~ THt\-"r qB~~ OF m~ ft1pLC D>> \\\.\~ S(~ A~ SIQCfJb.L.'f A~A:t~c;,l. Sl\NDbVE~ COMMENT SHEET 2006 Overlays (C.P. 06-02) Stenquist Addition Thursday, December 22, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING . ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Name: Address: Phone: E-Mail: Comments: _ T ~\1e;6 MV aTilG2- ~ WouLD g!;; "{iilS... \.\ II 1ii~ lS 1+ fw\t\-JOR. UUNlc. oF' u..~t> ~eg:::r-L'i lD oOl?-W~r A-wlob 1H~ Rll.a2...~.. De\l€lbPfAJ.a)( 15 ~4r:paOIN!t 70 a.Jf2- t:x~T Nlt-Ttt.lest .If;Ut:) A01Vlr c-JI/G:T t)F ()lJl!!.. t.6Jc#(-rr;,AJ. ~~ 'Iou lboKtlJ(,.. fi,~ AN tM.r~.?Jro t.\ Uf'GtnJIc()GO\I AfPU'AlJA ~. W\-\\l.H LJe (,ttluU) f!;G II'/tAJIl hL} ~ NJl-T".4 !Jl?vF/.1Jp>ge. ~v'-f) GU~,' BALLe( IN10 r;,4T Af.E4? J:"T'c; T~~ 1P~T r .fI~ 7D /r;/L 1#rt tive;1icJJ AiJl> wP.J1€ IbwJJ 1iiE"st Cot{I'o\E#JT"5... &, r .bo Lure UIJ~MlD OllE AS1>f?T t;F WI{/rf 'iDtJ ~ ~,Nft 10 ianu.l>lrsll.' ( I COMMENT SHEET 2006 Overlays (C.P. 06-02) Stenquist Addition Thursday, December 22, 2005 J 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Name: Address: Phone: E-Mail: {>>11i4 1H~ .//cw'JJIJr I f)tt4IMtf",~ f?plClIP I II " ~{(5GvF?> of We;<;"': NIU? V/l&~ 4N() ,,~ fifD~/J11O Comments: 7ii.Ns ria> /)/5tf/ls;ts..JA!{/V /tVdUP We- WAAlT II )'JfPS&JrTj) IVr 1/110 (JPIl- Jf/ir.IVtt{~IIt:l?() ? BI~s I/lIVlJ IIlP.EIfJY P/~O F~~~' W~ AlllE" IN ~IIL f/EI6rIf~tlftpD ( l"t1lJ F,b{~O f:""flb't ~vJ!.. t!rrv III/-tl..) 4p(JI1ibIJ~ltY IN 7#~ i>~T ..4JJPIlIt12- Nfwsu;!in..., U{)NC/L- jJ(tif(eBt!!-, /tiAJ Cf!!8L W~1t It/J Mfi~ JJ!.tPr 'M€ U97 of ~ Mt> r!olJl p~~ I r CAJI eG'1O ~~~1V VAUlt> '" fJ. Y ~V(JE?~/'I TiiaJ, 10 Yal, fAJDv(/) EG: #.OIJJ M.Wy ~ till U.. ~ l!8<otle() tie. lifE$t-IkW'IJG,/ tlJllJ~ /)JlIJS ! Cu~ , , CITY OF NDOVE COMMENT SHEET 2006 Overlays (C.P. 06-02) Stenquist Addition Thursday, December 22, 2005 1 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 hide-II /Ie-m/ Address: 'I7.557'btJ TIT tl7 ;V~ /fncl~ ver; I'llV' 5S-3~ I I Phone: home 7t'3 -1(1./-7571. E-Mail: /le/enfl?fJi~G-mq//.com work 7t3- 7/7-7?'33 Comments: jJ/e.qS'~ See..- qMclJecl ;J... /Jq1e Ie.TTe-(" . v Name: H:\Engineering\City Projects\Open City Projects\06-2 2006 Overlays\Word Documents\Correspondance\Residents\COMMENT SHEETstenquisldoc January 21, 2006 Mayor Gamach & Andover City Council Members: Don Jacobson Mike Knight Ken Orttel Julie Trude I'd like to thank all of you for your dedication and commitment to the residents of Andover. You have taken on an enormous responsibility. Please know that your efforts are appreciated. There is a matter that I would like to bring before you for reconsideration. It is regarding the proposed curb & gutter, cul-de-sac, & drainage on the east end of 160th Lane NW. I have lived in this neighborhood since 1974, so was here when they put in the original blacktop. We originally lived on 161 st Lane NW, & owned 2 lots, back to back, so our property had frontage on both 161st Lane NW & 160th Lane NW. The blacktop assessments on our property forced us to sell our home. We rebuilt on 160th Lane NW. I'm at the west end of the street. I have never, ever, seen water standing on the road on the west side ofPotawatomi. If there is a problem I'm not aware of on the east side of Potawatomi~ then that's the area that should be fixed. I have never, ever, seen a problem between the east side ofPotawatomi & Onida Street. I would certainly be aware ofit if there was. I use that road. Putting in a cul-de-sac on the east end of 160th Lane NW & reworking drainage in that area has absolutely nothing to do with the rest of I 60th Lane NW. When the original blacktop was put in, there was no logic behind the planning. They came in with huge equipment & dug 8 foot ditches on 162nd lane NW. That neighbor's fence was now 12 feet in the air. If it wasn't so sad, it might have been humorous to think that we had our own Panama Canal right in our neighborhood, but not a drop of water to fill it. Our neighborhood is pure sand. Any melted snow vanishes into this sand, & then you have to water like crazy all summer to keep a blade of grass alive. This 8 foot ditch was constructed where there was never a drainage problem. The neighbors were irate, & had the city council come out & walk through the project. The council & engineer's solution was to put 4 foot ditches on 161 st Lane NW where I lived. I had the 2 largest oak trees in the entire area, one on each side of my driveway. They were a natural wonder, & the reason the driveway was placed at that location. They cut both of them down to put in the 4 foot ditch. Once again, there was no drainage problem to begin with. I never saw water in that ditch, & I was at the highest elevation on the street. The project was overseen by the engineer & the city council. I do not know what the logic was for any street in our neighborhood. I do not know why 162nd got 8 foot ditches, 161 st got 4 foot ditches, 160th got no ditches but did get blacktop curb, & the rest of the neighborhood got slight ditches or no ditches & no blacktop curb. It was not our decision. We all paid the same price for the blacktop per foot. Now it seems that those of us who live on 160th Lane NW are being singled out to pay a second charge for curb & gutter just because they happened to put blacktop with blacktop curb on our street. It was not our choice. The choice was made by the city council & the engineer. They now obviously feel that they made a mistake, or have changed their minds on the matter. I am requesting that the city pay for it out of city funds, not out of individual homeowner assessments or raised property taxes. This plan is completely unnecessary & has no more logic that the original plan they came up with when they put in the original blacktop. If this proposed concrete curb & gutter is for the benefit of some future development, that should be their expense at the time, to find a way in & out, not ours. I am opposed to any street being extended through our neighborhood. We have a quiet, quaint little neighborhood & would like to keep it that way. Any added traffic would completely ruin the very core of this neighborhood. Makah Street NW was redone a few months back. It's the street right next to the Stenquist Addition. Why wasn't curb & gutter put through that neighborhood? They have blacktop curb with no ditches, exactlv like we have on 160th Lane NW. They were not assessed one penny to have their neighborhood street refinished. I am requesting that you do the same on 160th Lane NW. If it was good enough a few months ago, it's certainly good enough now. Why is I 60th Lane NW being discriminated against? We don't want curb & gutter. No one else has to have it. In a project that is supposed to benefit the whole neighborhood, why are the families on 160tli Lane NW expected to pay when no one else has to? There is no logic and no benefit to this project as it stands, involving the entire 160th Lane NW. Qnce again, if a cul-de-sac & drainage is needed at the east end of the street, then limit the project to the east end of the street. Please reconsider this proposal. Thank you. Sincerely, ~~ Helen Hemp 4755 160th Lane NW Andover, MN 55304 Home 763-421-7572 Work 763-717-7833 CITY OF NDOVE COMMENT SHEET 2006 Overlays (C.P. 06-02) Stenquist Addition Thursday, December 22, 2005 I 5:00 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Name: ~'1e-+- l. Ru,dto~ Address: \(,O~a- ~ld{B'<1 ~. 1.&1 Phone: 7&3- 42\-R{"()1 E-Mail: CrJZ:2rt:Ja@IJ ~I'\S~ Comcast".l1et Comments: 1\701-- ffu:J a II) ~ rJoK'" K oW +7 , CV\. C 10 La.e T ,. \2.22- me~ ~~ +0 fu lli2l;~., OJ'\ct.:d:Y\L +iI'l'\1" (5: ut>fY 11- W~ otto ~ .1 a", ~~!~~~ be~ (~~~, ken~ :&-1- ~I~ T' b~lIf fie 'ft'1;>\riOM'\~ \.~ M1t --t\u... ('0 r (',n.::;tV"l}c-\i'Dtl pof'-tfDn) I 5e-e 1'\.0 \ry,ni#~T rurb<; or jlL*e.v'S) ~M on~v 6h- (')ht'" rOdd- lC20 la.l'\e, l\rWs seems vevi u..n -net'AeD CLhd s-k.t\~I. :L fer-:;OI\Nlfi V\o..,w \1'\0+ kar\ oY\;t c!ll1;1'\(j~pY"z:lb~ 61 ,'s5U0 H:\EngineeringlCity ProjeclslOpen City Projeclsl06-2 2006 OverlayslWord DocumentslCorrespondancelResidentslCOMMENT SHEETstenquistdoc oV E.~ "vJ it\! dm(r\~~e o:.lbh4 i (,0 LN) and J . be\ieU<2- l I.ve..- on e~ N-~ ~ \DweS\-- d\0\Y\~ Qv-eclS, \ .-L b e.ll~ Oi'1ce v.JQ... \'Y\e& 0(\ ~s lSSl..lJL..J I wo'^-ld ~'\ofe- we... VJc)l.l.ld) (X.S ~ ~hboY-hccd-.J v~ 61\ ~5 fr~je-+ I 51 nc-e..-ekl J ;JO.Y\& l. f0.6~ (]) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members ~ Jim Dickinson, City Administrator <:::3 David D. Berkowitz, City Engineer Update of Tulip Street NW Improvements/05-11 January 31, 2006 INTRODUCTION The preparation of the feasibility report for Project 05-11, Tulip Street NW between l6lst Avenue NW and Valley Drive NW is currently being prepared. This item is to review the information that has been collected to date. DISCUSSION The feasibility report for Tulip 'Street is near completion. Soil borings have been completed, which reveal the need for soil corrections in a few areas along the roadway. A detail map showing the corrections will be shown and discussed at the meeting. The curves on this segment of Tulip Street will be adjusted to improve safety along this route. Storm water drainage issues need to be identified and discussed with adjacent property owners to provide for proper storm water drainage. To accommodate the storm water requirements and due to the floodplain constraints, a large expense to the project will be to build up the roadway at the low point to meet the storm water requirements. A right-of way plat will also be required through the Dehn property to provide for the needed ROW to build the road. The project was estimated at $1.1 Million to $1.3 Million late last fall, but due to the additional investigation and need for fill and soil corrections the project cost is estimated at $1.7 to $1.9 Million. Assessments for this project are estimated from $3,000 per unit for smaller lots to $4,800 for lots that are 2.5 acres or have the potential to split into 2.5 acre lots. The following is a preliminary schedule for the process ifthis project is to move forward: 1. Meeting with representatives of the neighborhood (January 30,2006). 2. Review preliminary feasibility information with the City Council (January 31, 2006 City Council Workshop). 3. Second neighborhood information meeting to review the feasibility report information (Mid February). 4. Present feasibility report to the City Council (March 7, 2006 City Council Meeting) 5. Public Hearing, Order Plans and Specification (April 4, 2006 City Council Meeting). 6. Approve Plans and Specification, Order Advertisement for Bids (June 2006 City Council Meeting). 7. Award Bid, Project start (July/August 2006). 8. Project substantially complete (October/November 2006). 9. Assessment Process (October 2006). 10. Final Completion (June 2007). R /: (' r: ;:-;-:-,----, [.;~::~, J COMMENT SHEET CITY OF ATJ~~;'.:/.! i TULIP STREET NW RECONSTRUCTION PROJECT .,.' ~~_: CITY PROJECT NO. 05-11 INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Monday, December 12,2005 5:00 p.m.-6:30 p.m. Name: Cc;...VtJ I-L :i)~c/:eP..r~~ Address: / bPI'! 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ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator TO: Mayor and Council Members FROM: David D. Berkowitz, City Engineer SUBJECT: Railroad Quiet Zones/06-10 - Engineering DATE: January 31,2006 INTRODUCTION This item is an update to the City Council on railroad quiet zones. DISCUSSION Staff has continued to pursue the railroad quiet zones and the possibility of implementing these zones within the City of Andover. On May of 2005, after 10 years of preparation, the Federal Railroad Administration (FRA) released the final rules regulating train horns or in other words, allowing railroad quiet zones if the rules are met. The required steps are as follows: . Determine which crossings would be in the quiet zone . Determine if there are any private crossings within the quiet zone . Determine if it is a 24 hour or night time only quiet zone . Determine if the crossing meets minimum level of warning (signals and gates) . Determine if other government agencies have jurisdiction over the crossings . Update the crossing database . Review the crash history at each crossing . Run a risk assessment of the crossings (Quiet Zone Calculator) . Field review crossings with Railroad & MnDOT Staff met with SEH and requested a proposal to go through Phase I of the process. Phase I requirements are as follows: . Perform a field review for six crossings and update the inventory data . Meet with the Railroad, Anoka County and MnDOT to determine any necessary improvements · Evaluate any improvements that will be required. The evaluation will review long range plans and visions for each roadway to determine the appropriate roadway project. . Meet with the City and County to discuss options at each crossing. . Prepare preliminary plans for improvement at each crossing. City will furnish aerial photography and GIS information for each crossing. . Prepare preliminary cost estimates for each improvement . Make presentation of findings to the City Council. . Write report. Mayor and Council Members January 31, 2006 Page 2 of2 Short Elliott Hendrickson (SEH) is currently working with seven communities to either extend or establish new railroad quiet zones. The cities are Bayport, Vadnais Heights, Plymouth, Brooklyn Center, Dellwood and Coon Rapids. SEH has been involved with quiet zone issues since 1998. They conducted a pilot research project for the City of Coon Rapids that showed the effectiveness of center medians. Preliminary review of Andover's rail crossings shows that center medians would provide the most cost effective method to meet the rules set by the FRA. SEH's proposal to conduct Phase I is a not to exceed amount of $10,900. If the City Council is interested in pursing this, staff will present the proposal to the City Council for formal action at a City Council meeting in the near future. ACTION REQUIRED Direct staff on how to proceed with the railroad quiet zones. Respectfully submitted, ~~B~O~ o NB'!'~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for January 31, 2006 City Council Workshop DATE: January 31,2006 The City Council is requested to receive the following supplemental information. Add-On Item. Smith/Anderson/Carlson Sketch Plan - SE Comer of Prairie Rod & Andover Boulevard ~NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Item - Smith! Anderson/Carlson Sketch Plan - SE Comer Prairie Rd. and Andover Blvd. DATE: January 3 I, 2006 INTRODUCTION The Planning Department has received a letter from one of the developers pursuing development of the Smith! Anderson/Carlson Sketch Plan and a follow up letter from one of the property owners affected. The City Planner has prepared a brief memo and attached the aforementioned letters. That complete correspondence is attached for your review. DISCUSSION To summarize the attached correspondence, as you may recall in April of 2005 the aforementioned sketch plan was before you for review, and at that time there were two property owners that were not interested in development at that time. What has changed since April of 2005 is there now is only one property owner not interested and the developer has concluded after numerous attempts that he will not be able to reach an agreement with that one remaining property owner. The developer is requesting the Council consideration on the following: 1. Would the Council consider assisting the developer in securing an easement for the sewer and water through the last property owner's property? 2. Would the Council consider assisting the developer in securing an easement for the sewer, water and road through the last property owner's property? 3. Ifno to #1 & #2 would the Council look favorably. on a concept plan not including the last property owner's property and the sewer and water routed around the property? The reference to assisting the developer would be in the form of the threat of or actual use of eminent domain to secure the easements. ACTION REOUESTED Provide staff direction on the three questions above. \ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator .. d. Will Neumeister, Community Development Director ~ FRQM: Courtney Bednarz, City Planneft SUBJECT: Smith! Anderson/Carlson Sketch Plan - SE Comer Prairie Road and Andover Boulevard DATE: January 31, 2006 INTRODUCTION As the Council may recall there were two property owners that were not interested in development at the time this sketch plan was last reviewed. DISCUSSION A developer has provided the first ofthe attached letters to update the Council on the status ofthis sketch plan. Two letters from the same property owner are also attached. It was communicated that this property owner's intent is to show how his position regarding development of this area ofthe community has changed. As the first letter from a developer indicates, there continues to be difficulty in reaching agreement with another property owner. ACTION REQUESTED The Council is asked to review the attached information and share any feedback they may have. Attachments Letter from Developer Letters from Resident ~ kODrAk f-tOM5S,. rNC. ~51.2 - 1.24th La V\,e Cl-1lU1/1.:plLV\" MN 5531.G January 25, 2006 RECEIVED Honorable Mayor and Council members City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 J!,'-; 2 5 2006 CITY OF ANDOVER Dear Honorable Mayor and Council members: This letter is in regards to the possible purchase of a section of land owned by Karmen Mohlencamp located at 140 Andover Blvd NW. I originally contacted Mrs. Mohlencamp in June of 2004. In August of 2004 I presented her with an offer to purchase 3 of her 6 acres. The reason for this purchase was to put sewer, water and a road to maintain continuity to both sides of the new proposed sub-division. This did not displace or disturb Mrs. Mohlencamp's home. She responded to that offer stating she would be willing to sell the property quote "south of the north line of the proposed road if an agreement could be reached", Since that time, following Council's direction, we have had several personal meetings and numerous written correspondences on this matter (copies of this correspondence available upon request). Each time I have responded and agreed to the terms Mrs. Mohlencamp has requested, she changes the terms again. This cycle has continued to the point that I can no longer meet her terms as they contain items that can not be achieved. At no time during our correspondence did Mrs. Mohlencamp state that she was not interested in selling any of her property. She has not been pressured in any way. I feel I have acted fairly and negotiated in good faith. I also feel as if her thinking is that if she delays that she will be able to completely stop this new development. Because of the position I am now in, I am requesting that the council consider one of the following options. 1. Assistance with an easement for the sewer and water. 2. Assistance with an easement for the sewer, water and road development. 3. Approving the development without Mrs. Mohlencamp and the sewer and water routed around her property. Since Mrs. Mohlencamp is the last homeowner to be secured, I am seeking the help of the council to resolve this issue. Thank you for your time and consideration. r~ -2.- 3> '. ~ r---7 ThBw~ 1722 Terra.e Drive Roseville, MN 55113 ph: (651) 6J1H;644 fax: (651) 636-1280 January 27, 2006 City of Andover 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 Attention: City Council Members Subject: Smith - Carlson Andover development update Mayor and Council members: As you recall in an AprilS, 2005 letter, we stated the current events that affected our property at 222 Andover NW which is the lot directly east of264 Andover NW. The intent of this letter is to give an updated report regarding the progress of the development as related to the last two properties that were not procured for the above subject development. The last two properties that required cooperation between the parties involved were Karmen Mohlencamp's at 140 Andover Blvd NW and ours at 222 Andover Blvd NW. Karmen and ourselves worked together to keep abreast of the situation and both realized that the development would continue despite our regrets. In our letter we expressed that we both preferred to continue to live at our residence. After the AprilS, 2005 Council meeting, Bruce Carlson of Kodiak homes had Terri Holden contact Karen and myself about the possibility of sitting down and meeting to discuss the project and meet Bruce. This same offer was extended to Karmen MohIencamp. We agreed to the meeting and were pleased as to the cordial tone presented. There was no pressuring to sell our place as they were very much in touch with our feelings as to the fact that we were being inconvenienced. The discussions were friendly and they asked us our opinions of how we could work together. There were many discussions and meetings that followed to where we now have an agreement for Kodiak Homes to purchase our home. This was a decision we made and did not feel pressured or threatened as Bruce Carlson let us decide what we wanted and tried to work out various options to our benefit and not his. He has been very generous and understanding of our situation. The same hospitality and generosity has been extended to Karmen Mohlencamp as we discussed these items together as neighbors. Bruce and Terri were very careful to honor Karmen's requests for contacting her and followed them carefully as to not disturb her. We observed this in ajoint meeting last August where Bruce listened to her requests and offered a very generous package. The package was developed with items that Karmen told me she wanted. I was very surprised at the meeting when she stated those items were not of interest to her. It was at this time we decided to continue our negotiations with Kodiak alone without Karmen as we could not be supportive of her actions such as this. 20060124 Andl:M::r development Swanson Kodiak update.doc Page 1 of2 -3- Lf , \ ~ r--7 rnew~ 1722 Terrace Drive RosevUle, MN 55113 ph:(651)636-6644 rax:(651)636-1280 Page 2 continued Subject: Smith - Carlson Andover development update While we had no intentions of selling in the beginning, Karmen did tell us that she would sell the lower half of her property for a fee she set. We have discovered this fee was met by Bruce but rejected by Karmen even though it was set by her. We have no intention of taking this kind of action for the sale of our land as we will honor our agreement so the development can proceed. We also agreed that an easement could very easily and legally be obtained for the sewer and water to cross our lands in order for the development to proceed. We also agreed that this would not be an eminent domain issue and not really affect our propertys. In summary, after the rocky start in the April 5, 2005 Council meeting, we feel that Bruce Carlson of Kodiak Homes has made every attempt to place the best interest of the land owners first and foremost. In the dealings we observed, money was not the only item as the driving force but the well being of the land owners was also at the top of the list. Th'i;1)O' 7 timo. ~ J4~f1/dI?1 Dana Swanson Karen Swanson 222 Andover Blvd NW Andover,MN 55304 763-208-0903 (home) 651-775-0910 (cell) Email atdswansonla2walIace-comoanv.com 20060124 ADdomdeYelopment S_Kodiakupjate-doc - t../- Page 2 of2 -- S \ ~r-7 117" wan""", Corrpany \f17 1722 Terrace Drive Roseville, MN 55113 pb: (651) 636-6644 fax: (651) 636-1280 AprilS, 2005 City of Andover 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 Attention: City Council Members Subject: March 15,2005 Council meeting regarding the Lot Splits of264 Andover Blvd. and 308 Andover Blvd. Mayor and Council members: We are the owners and residents at 222 Andover NW which is the lot directly east of 264 Andover NW. In reviewing a video tape of the March 15, 2005 council meeting, we are very concerned that a motion was approved to allow the lot splits of264 and 308 Andover NW. As you recall in the meeting, the developer Bruce Carlson indicated that he owned or was in the process of owning the land to the east of the above subject lots. You all expressed concern that the breakup of the lots went against the requirements for the area and could leave a 95 foot unusable lot if the proposed plan did not develop. When asked about the area to the east, Bruce Carlson pointed at our property and said that he was in the procurement process and would have it all wrapped up within a few months. The plan also showed a road running the length of our property and attaching to Andover Boulevard which would eliminate our house. Part of the lots proposed on the plan overlapped into our land which was not ever discussed or approved by us. We feel that your ruling was based on these and other statements, which in our opinion, were very misleading. Bruce Carlson does not own our land nor did we ever speak to him regarding selling as he inferred. This was stated by us at the March 22, 2005 planning meeting and can be found in the minutes. Now we do understand that a stipulation was put on any lot split until the plan is approved, but it should not have been approved by the council until proof of ownership was provided. It sets precedence for any developer to present plans and pressure land owners into selling without having to secure the properties in question. It also wastes the time of city officials as plans have to be reviewed many times due to inaccurate reporting. We are requesting that you review the tape of the meeting and re- rule on your decision to allow the lot splits. The worry you had in forming a 95 foot substandard lot is what is happening due to the inaccurate information presented to you. We would also like to point out that the land to the east at 140 Andover is not owned by Bruce Carlson either and the owner does not have intentions of moving. 2005040.5 k:aertoOllllllcilre_l$bruoecarlsonb sptit. 264c:m:l1"corredIIld.doc -s-- Page 1 of2 ~ \ , '""' r-7 .,."" WsOsar Company \IV 1722 Terraee Drive Rooeville, MN 55113 ph: (651) 636-6644 fax: (651) 636-1280 Page 2 continued Subject: March 15, 2005 Council meeting regarding the Lot Splits of264 Andover Blvd. and 308 Andover Blvd. Bruce Carlson has since made an offer to us but we have turned him down as we have every intention ofIiving in Andover as we have for the last 28 years. We are willing to offer suggestions as to how the developer could proceed without the problems presently being encountered. We are not against progress and realize that developments go on, but we will not have anyone try to force us into leaving an area which we call our home. Thank you for your time. Dana Swanson Karen Swanson 222 Andover Blvd NW Andover, MN 55304 763-208-0903 (home) 651-775-0910 (cell) Email atdswansonrW.waIlace-companv.com 2005040' Ictlcrlo COUBcil R: ..-1' tnce carbon klt split. 264 cmw (;OI'tCCicd.doc Page 2 of2 ~- ., -I ,. I I 1-, I , 1-' I I I -, , I _I I , I 1-1 I I , I I I , I - ell ~ CD - rt l.b.J 8 - z <J: I I , I I I I I , I I I , , I I I I-I I , , I I , - o co <Il '" '" Q. I- 1- - - I 9Lv VSv .,. ... 0.. .,. N .,. .,. ~ OZ co ~ .,. ;! vL9 v99 o N ... j!W!l 1 /1 " ~nIHI~I~ HI~ ~15 ;/~ <"! 0;;. .... " "!-~ ~ ~ ~ ~ _1.S H=lU I'L..... ",-,\: ~ A~\- lC 'I~I:O 'I'J~ 1~ \\ ~~ .~~ ~~IIIIII~I~~~ ti= "~,' :>~~' : ~ ~ ,. "~" I~ ~.. ., ... -"I ~ 1.- 9'l. ~~ ,o'l. A09~ lOl.) ,<1> ~. '<.. ~~'\~ "o,~ ~ ~ rnn1<"~0"S ... ~ ~ 115 1~1~1 :':'~\',I! ~ . 1,\~~ ~ ~ \'2.3 ;,)..... ~ .,.. ~ ~ \.~ ... '"'" 1 ~. 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WWW.C\.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for January 31,2006 City Council Workshop DATE: January 31,2006 The City Council is requested to receive the following supplemental information. Add-On Item. Smith! Anderson/Carlson Sketch Plan - SE Comer of Prairie Rod & Andover Boulevard CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Item - Smith/Anderson/Carlson Sketch Plan - SE Comer Prairie Rd. and Andover Blvd. DATE: January 31, 2006 INTRODUCTION The Planning Department has received a letter from one of the developers pursuing development of the Smith/Anderson/Carlson Sketch Plan and a foIIow up letter from one of the property owners affected. The City Planner has prepared a brief memo and attached the aforementioned letters. That complete correspondence is attached for your review. DISCUSSION To summarize the attached correspondence, as you may recaII in April of 2005 the aforementioned sketch plan was before you for review, and at that time there were two property owners that were not interested in development at that time. What has changed since April of 2005 is there now is only one property owner not interested and the developer has concluded after numerous attempts that he wiII not be able to reach an agreement with that one remaining property owner. The developer is requesting the Council consideration on the foIIowing: 1. Would the Council consider assisting the developer in securing an easement for the sewer and water through the last property owner's property? 2. Would the Council consider assisting the developer in securing an easement for the sewer, water and road through the last property owner's property? 3. Ifno to #1 & #2 would the Council look favorably on a concept plan not including the last property owner's property and the sewer and water routed around the property? The reference to assisting the developer would be in the form of the threat of or actual use of eminent domain to secure the easements. ACTION REOUESTED Provide staff direction on the three questions above. \ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator .. J,L Will Neumeister, Community Development Director lJ,f...fF'-' Courtney Bednarz, City Plann~ CC: SUBJECT: Smith! Anderson/Carlson Sketch Plan - SE Comer Prairie Road and Andover Boulevard DATE: January 31, 2006 INTRODUCTION As the Council may recall there were two property owners that were not interested in development at the time this sketch plan was last reviewed. DISCUSSION A developer has provided the first of the attached letters to update the Council on the status of this sketch plan. Two letters from the same property owner are also attached. It was communicated that this property oWner's intent is to show how his position regarding development of this area of the community has changed. As the first letter from a developer indicates, there continues to be difficulty in reaching agreement with another property owner. ACTION REQUESTED The Council is asked to review the attached information and share any feedback they may have. Attachments Letter from Developer Letters from Resident ? KODIAK H-OMSS" INC. g512 - 1.24tn LCIl1've C.VtClVvt.pLtll'v, MN 5531.G January 25, 2006 RECEIVED Honorable Mayor and Council members City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 J.!...'\; 2 5 2006 CITY OF ANDOVER Dear Honorable Mayor and Council members: This letter is in regards to the possible purchase of a section of land owned by Karmen Mohlencamp located at 140 Andover Blvd NW. I originally contacted Mrs. Mohlencamp in June of 2004. In August of 2004 I presented her with an offer to purchase 3 of her 6 acres. The reason for this purchase was to put sewer, water and a road to maintain continuity to both sides of the new proposed sub-division. This did not displace or disturb Mrs. Mohlencamp's home. She responded to that offer stating she would be willing to sell the property quote "south of the north line of the proposed road if an agreement could be reached". Since that time, following Council's direction, we have had several personal meetings and numerous written correspondences on this matter (copies ofthis correspondence available upon request). Each time I have responded and agreed to the terms Mrs. Mohlencamp has requested, she changes the terms again. This cycle has continued to the point that I can no longer meet her terms as they contain items that can not be achieved. At no time during our correspondence did Mrs. Mohlencamp state that she was not interested in selling any of her property. She has not been pressured in any way. I feel I have acted fairly and negotiated in good faith. I also feel as if her thinking is that if she delays that she will be able to completely stop this new development. Because of the position I am now in, I am requesting that the council consider one of the following options. 1. Assistance with an easement for the sewer and water. 2. Assistance with an easement for the sewer, water and road development. 3. Approving the development without Mrs. Mohlencamp and the sewer and water routed around her property. Since Mrs. Mohlencamp is the last homeowner to be secured, I am seeking the help of the council to resolve this issue. Thank you for your time and consideration. -2-- 3> " 1"""7 ~w 1m Terrace Drive Roseville, MN 55113 ph: (651) 636-6644 fax: (651) 636-1280 January 27, 2006 City of Andover 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 Attention: City Council Members Subject: Smith - Carlson Andover development update Mayor and Council members: As you recall in an April 5, 2005 letter, we stated the current events that affected our property at 222 Andover NW which is the lot directly east of264 Andover NW. The intent of this letter is to give an updated report regarding the progress of the development as related to the last two properties that were not procured for the above subject development. The last two properties that required cooperation between the parties involved were Kannen MohIencamp's at 140 Andover Blvd NW and ours at 222 Andover Blvd NW. Karmen and ourselves worked together to keep abreast of the situation and both realized that the development would continue despite our regrets. In our letter we expressed that we both preferred to continue to live at our residence. After the April 5, 2005 Council meeting, Broce Carlson of Kodiak homes had Terri Holden contact Karen and myself about the possibility of sitting down and meeting to discuss the project and meet Broce. This same offer was extended to Karmen MohIencamp. We agreed to the meeting and were pleased as to the cordial tone presented. There was no pressuring to sell our place as they were very much in touch with our feelings as to the fact that we were being inconvenienced. The discussions were friendly and they asked us our opinions of how we could work together. There were many discussions and meetings that followed to where we now have an agreement for Kodiak Homes to purchase our home. This was a decision we made and did not feel pressured or threatened as Bruce Carlson let us decide what we wanted and tried to work out various options to our benefit and not his. He has been very generous and understanding of our situation. The same hospitality and generosity has been extended to Karmen MohIencamp as we discussed these items together as neighbors. Bruce and Terri were very careful to honor Karmen's requests for contacting her and followed them carefully as to not disturb her. We observed this in ajoint meeting last August where Bruce listened to her requests and offered a very generous package. The package was developed with items that Karmen told me she wanted. I was very surprised at the meeting when she stated those items were not of interest to her. It was at this time we decided to continue our negotiations with Kodiak alone without Karmen as we could not be supportive of her actions such as this. 20060124 MdIMr~ &..-KcD*~ Page 1 of2 -3- 1..../ " r--7 n.w~ ImTerrauDrive ROIevlDe,MN 55113 ph: (651) 636-6644 fax: (651) 636-1280 Page 2 continued Subject: Smith - Carlson Andover development update While we had no intentions of selling in the beginning, Karmen did tell us that she would sell the lower half of her property for a fee she set. We have discovered this fee was met by Bruce but rejected by Karmen even though it was set by her. We have no intention of taking this kind of action for the sale of our land as we will honor our agreement so the development can proceed. We also agreed that an easement could very easily and legally be obtained for the sewer and water to cross our lands in order for the development to proceed. We also agreed that this would not be an eminent domain issue and not really affect our propertys. In summary, after the rocky start in the April 5, 2005 Council meeting, we feel that Bruce Carlson of Kodiak Homes has made every attempt to place the best interest of the land owners first and foremost. In the dealings we observed, money was not the only item as the driving force but the well being of the land owners was also at the top of the list. ~;J;or yo / time. . ' .11 ~ Dana Swanson Karen Swanson 222 Andover Blvd NW Andover, MN 55304 763-208-0903 (home) 651-775-0910 (cell) EmaiI atdswanson@wallace-companv.com 20060124 ~devdopaIad: SwaDICllI. blilk1lpdllUoc -'1- Page 2 of2 .- S rI r-7 n.w~ 1m Terrace Drive Roseville, MN 55113 ph: (651) 6J6.6644 fax: (651) Ii36-USO April 5, 2005 City of Andover 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 Attention: City Council Members Subject: March 15,2005 Council meeting regarding the Lot Splits of264 Andover Blvd. and 308 Andover Blvd. Mayor and Council members: We are the owners and residents at 222 Andover NW which is the lot directly east of 264 Andover NW. In reviewing a video tape of the March 15, 2005 council meeting, we are very concerned that a motion was approved to allow the lot splits of264 and 308 Andover NW. As you recall in the meeting, the developer Broce Carlson indicated that he owned or was in the process of owning the land to the east of the above subject lots. You all expressed concern that the breakup of the lots went against the requirements for the area and could leave a 95 foot unusable lot if the proposed pian did not develop. When asked about the area to the east, Broce Carlson pointed at our property and said that he was in the procurement process and would have it all wrapped up within a few months. The plan also showed a road running the length of our property and attaching to Andover Boulevard which would eliminate our house. Part of the lots proposed on the plan overlapped into our land which was not ever discussed or approved by us. We feel that your roling was based on these and other statements, which in our opinion, were very misleading. Bruce Carlson does not own our land nor did we ever speak to him regarding selling as he inferred. This was stated by us at the March 22, 2005 planning meeting and can be found in the minutes. Now we do understand that a stipulation was put on any lot split until the plan is approved, but it should not have been approved by the council until proof of ownership was provided. It sets precedence for any developer to present plans and pressure land owners into selling without having to secure the properties in question. It also wastes the time of city officials as plans have to be reviewed many times due to inaccurate reporting. We are requesting that you review the tape of the meeting and re- rule on your decision to allow the lot splits. The worry you had in forming a 95 foot substandard lot is what is happening due to the inaccurate information presented to you. We would also like to point out that the land to the east at 140 Andover is not owned by Bruce Carlson either and the owner does not have intentions of moving. 2Cm04Q5 .....CI-=8.... U "'-'*'-' kIl..... 264....l:IDIrCClDll.dl Page 1 of2 -s-- ~ " r-7 n.w~ .1712 Terrace Drive RoseviII., MN 55113 ph: (651) 636-6644 fax: (651) 636-1280 Page 2 continued Subject: March 15,2005 Council meeting regarding the Lot Splits of264 Andover Blvd. and 308 Andover Blvd. Bruce Carlson has since made an offer to us but we have turned him down as we have every intention of living in Andover as we have for the last 28 years. We are willing to offer suggestions as to how the developer could proceed without the problems presently being encountered. We are not against progress and reaIize that developments go on. but we will not have anyone try to force us into leaving an area which we call our home. Thank you for your time. Dana Swanson Karen Swanson 222 Andover Blvd NW Andover, MN 55304 763-208-0903 (home) 651-775-0910 (cell) EmaiI atdswanson@wallace-comoanv.com 2OO$l)IOSIl!aertoCll.-il.,__Utncc~"'_.264emr~ Page 2 of2 -;(- .., - I- '--- I- '--- - !- ch ~ CD I- If Lll 8 1-4 i I I I I I I I I I I I !- o CD ~ to Q. - - - i- au, VSl> ;:!: 0.. .... N :;j: - 0<: It> ; - <D ~ I Ol>~ >< 09~ 90l; 90l; v~9 1>99 o N o en M .... - m x: M' en M .... - <D en M .... - l!Wl1 // ~1m~I~li ~I~ ~ ~ ~I~ !II; ;/~/.i: , "'.. ~ ~ . :: .v: ~ ~ :~ M I \V-,-- ~ ~~ ~.~ , ~ ~ ! , 'I~ !I~I~ ~~ \ 4 :)4.:, r-!!.. .. ~1I..4 117 ~ ~ ., ~/' ".. I~ r-,' 1";p. 1"""--- ~... " ;p. hi r-!!- ~ ~.. .....,~ ,01- ill' ~ ,rP ...,'J,~.t: ~ (OJ.\~~s~ ,'0- ,i<<'\v.... ~ ~~~~~, -~~ \~;J-- ~ I..' 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IV ... o I- TO: City Council Members cc: Jim Dickinson, City Administrator FROM: Will Neumeister, Director of Community Development SUBJECT: Existing and Planned Developments (Final Quarter of2005) DATE: December 13, 2005 This is a status report on land that has been and is likely to be developed in the next year: Land Area Existing Estimate of Land Remaining Lots PIattedffieveloped in 2006 Birch Point Estates 5 Brook Crossing Rural Lots 10 Bunker Lake Village Townhomes 13 Cardinal Ridl!e 27 Constance Corners 13 City View Farms Townhomes 7 Coon Creek Acres 6 Country Oaks West 79 Crosstown Meadows Townhomes 9 Grey Oaks 11 Kensinl!ton 7th Add. 11 Kimberly Oaks 7 Maple Hollow 4 Millers Woods 7 39 Natures Run Town homes 16 North Lake Ridge 3 North Valley Ridl!e 1 Oakview Park 2nd 1 Parkside at Andover Sta. Townhomes 34 Prairie Cove 7 Shaw's Glen 11 Silver Meadows West 14 Sophies Manor 10 Sophies South 83 Stacks Woods 20 Timber Rivers 4 ViIlal!e at Andover Station Townhomes 8 Whisperinl! Acre 1 Woodland 4th Addition 3 Woodland 6th Addition 20 Woodland Crossin I! 37 Totals 321 200 2006 Overlays Assessments I Unit assuming a percentage of the project costs are assessed to all lots In a development Lunds Additions (Includes 168th Lane NW) Feasibility Estimated Assessment for curbed lots = $4,669.33 Number of Units in development 61 Total Estimated Project Costs Len9th = 12.700' Cost / Foot = $901,913.70 $71.02 % of Total Costs Assessed 20% 25% 30% 35% 100% Assessment I Unit $2,957.09 $3,696.37 $4,435.64 $5,174.91 $14,785.47 Stenquist Addition Feasibility Estimated Assessment for curbed lots = $2,835.13 Number of Units in development 56 Total Estimated Project Costs Length = 7,400' Cost I Foot = $412,342.40 $55.72 % of Total Costs Assessed 20% 25% 30% 35% 100% Assessment I Unit $1,472.65 $1,640.81 $2.208.98 $2,577.14 $7,363,26 Woodland Estates (1/4 acre lots) Estimated Cost Number of Units in development $428,000.00 164 CosU Foot = Length = 10,700' $40.00 % of Total Costs Assessed 20% 25% 30% 35% 100% Assessment I Unit $521.95 $652.44 $782.93 $913.41 $2,609.76 Previous Assessed Proiects Year Project 2004 Kiowa Terrace 2004 Valley View Estates 2nd (South) 2005 Valley View Estates 2nd (North) Approx. Lot size 1 Acre 1.3+ Acres 1.0-1.6 Acres Cost/unit $1,841 $2.225 $2.316 Preliminary Assessment Worksheet exhibit 13 January 30, 2006 Mayor Gamache/ City Council 1685 Crosstown Blvd. N. W. Andover, MN 55304 TO: Mayor/ City Council FROM: Lorna Erickson SUBJECT: Re: Concrete Curb & Gutter Policy DATE: January 30,2006 As a resident of Andover for over 16 years, I would like to express my concerns about the new concrete curb & gutter policy that is being put into place. When I looked over the new City of Andover Curb & Gutter Policy dated November 1, 2005, many questions started coming to mind that are not answered or supported by your seven benefits listed in the policy. When I chose to move to Andover, it was because of the nice ruraI area with ditches and natural settings amongst the neighborhood. We were promised a city with ruraI areas to remain untouched, yet good business development available close by and convenient Soon after being here, things already had began to change. We had street lights, a school, trails, new developments with curb & gutter and now this plan to overlay Lund's Evergreen Estates 2ND - 5th Additions along with the reconstruction of the curbing. When the Silver Meadows development was done in 2002, there were many questions concerning how this new development would affect our neighborhood. Courtney Bednarz at that time told us we would never have to worry. He told us that concrete curb and gutter was only required in new street construction. I asked on several occasions if they would be forcing this onto our streets and he said no they would not. In closing I would like to say I'm against this project. The streets here are fine and I believe the rest of the neighbors feel the same. The Road and Bridge Fund was designed and put into place to repair the roads as needed. Maybe that is what should be done or dealt with at this time rather than taking on something that isn't wanted or supported in our Northern Andover Neighborhoods. Respectfully, Lorna Erickson 2435 I 66th AV.N.W. Andover, MN 55304 t C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Additional Information January 31, 2006 The attached minutes were requested by a Councilmember to be available for the discussion of the various code revisions. Pgs 2 - 5 Pg6 September 6, 2005 Regular Andover City Council Meeting Minutes September 27,2005 Andover City Council Workshop Minutes --- t Regular Andover City Council Meeting Minutes - September 6, 2005 Page 9 Mr. Pov Itzki stated the 2:00 a.m. close helped them to become more competitive. Council consensus was to leave the ordinance as is. VARIOUS CODE REVISIONS (pART 7) Community Development Director Neumeister stated the last of the proposed City Code amendments are included in the packet. Revision 24 - Building Height: Determination of Setbacks Staff reviewed the revision changes with the Council. The City Council thought this looked good. Revision 73 - Building Height Staff reviewed the revision changes with the Council. The City Council was fine with this revision. '~ ~ion 32 - ShO~ping Centers ') Mr. Neumeister stated they are proposing that the Shopping Center section of the code be deleted as it's already covered in Revision 16. Councilmember Trude asked if we are getting ride of the size requirement. Before it was a minimum of 2 acres for Neighborhood Business and 5 acres for Shopping Center. Mayor Gamache asked how many areas in the city are currently zoned Shopping Center. Mr. Neumeister stated they are the Downtown Center, the property across the street from City Hall and the Fairbanks property. CouncilmemberTrude added that Grey Oaks contains some also. In the past the ordinance said that only one corner of a major intersection could be zoned Shopping Center at one time. Now it could be more than one corner and the Rural Reserve could contain this zoning district. Councilmember Trude also noted that in the old language there were conditions that must be met. Councilmember Trude was not sure if it did any good to go to more subjective language. She thought they may need some guidelines for the Rural Reserve area. Councilmember Knight wondered if there is a difference between shopping center and strip mall. Mr. Neumeister stated he did not fmd anything in the code that shows a defmition. If Council wants to set a minimum, they should leave all or some of this language in the revision. Q Regular Andover City Council Meeting Minutes - September 6, 2005 Page 10 Councilmember Trude stated that the defmition for Neighborhood Business says it does not have to be on a major street. If we only describe something, is that a regulation? Then we blank out everything in our code that was the conditions. She asked if this means we have gotten rid all of our regulations. Attornev Sullivan stated that the purpose section is usually a general statement of . policy of what the district is oin to be. Later on there should be a section of the code that s ecifies the particular standllrcl~ for that district. He didn't know 1 those standards are being eliminated. Councilmember Trude felt that ifit's all deleted, we're getting rid of all the regulations and maybe some of them aren't important any more. Councilmember Orttel stated setbacks are important. He asked where the standards are that go along with this. Mr. Neumeister eXplained they are in another part of the code. The handout he passed out to Council basically says there are different types of zoning for different sizes of shopping centers. That alone doesn't set the standards. You have to have some standards for what the minimum size for this type of area will be. Councilmember Trude stated that she liked some of the old language that was struck. You want to see completion at some point. Some of these developments could take a long time. She would like to see standards for time, size and location. This makes sense because we're going to hopefully have some of these in the Rural Reserve. It was decided staff would bring back more information on this item. Revision 52 - Animals Staff reviewed the revision changes with the Council. Councilmember Orttel wondered why this was revised to begin with. Mr. Neumeister explained the history of this revision with the Council. Councilmember Orttel thought they should only add "any new farms over ten acres need to have a special use permit" and then to prohibit feed lots in the City except exempt ones. Councilmember Jacobson thought staff should look at this and bring it back to the Council workshop for discussion. Mr. Winslow Holasek noted the defmition ofa feed lot is too broad. Revision 61 - Housing Maintenance Staff reviewed the revision changes with the Council. Councilmember Jacobson questioned Item I regarding heating minimums for dwelling units. 3, Regular Andover City Council Meeting Minutes - September 6, 2005 Page 11 The Council discussed with staff if this item was for both owner occupied and rental. It was noted the home would need to be able to maintain at least sixty eight degrees if needed. Revision 81 - Encroachments Staff reviewed the revision changes with the Council. The Council discussed porches with staff and if it should be allowed in the City. Councilmember Jacobson thought this should be left as is and if someone would want to add a front porch, they could come in and ask for approval to build one. Councilmember Trude wondered how this came about for revisions. Mayor Gamache indicated to have this item brought back with more information. The Council recessed at 9:45 p.m. The Council reconvened at 9:50 p.m. Revision 81 (Cont.) Councilmember Orttel wondered why they would need to bring this back to a Council workshop. Councilmember Trude stated she would not want to allow this originally all house plans are reviewed before ARC or an architect. Councilmember Orttel would like to hear what the reasoning is for this being reviewed. Revision 82 - Snowmobiles and All Terrain Vehicles Staff reviewed the revision changes with the Council. Councilmember Jacobson noted he would like to see these prohibited in the R-4 District and maybe even in the R-3 and R-2 Districts because he did not think it was appropriate in higher density areas. Council requested staff to look further into this item to see what they can do and to see what other cities are doing and bring it back for further discussion. Revision 83 - Permitted. Conditional and Prohibited Uses Enumerated ~ Regular Andover City Council Meeting Minutes - September 6, 2005 Page 12 Staff reviewed the revision changes with the Council. CounciImember Orttel wondered if they should only allow crematoriums in cemeteries like some cities are doing instead of a funeral home. Mayor Gamache stated he would like this restricted to only cemeteries. Councilmember Orttel stated he would like this only allowed in cemeteries in the M-1 and M-2 Districts by CUP. CounciImember Orttel stated he was fine with it the way it was revised because they will need a CUP. ADOPT 2006 PRELIMINARY TAX LEVY City Administrator Dickinson stated each year the City Council is required by state law to approve a preliminary budget and submit a preliminary levy certification to Anoka County Property Records and Taxation Division by September 15,2005. Mr. Dickinson discussed the information with the City Council. CounciImember Jacobson stated if this was enacted and no changes were made what would this mean to a resident in Andover. What percentage would they see their taxes go up on the city's portion. Mr. Dickinson stated it depended on if they had a market value increase or not. If they do not have a market value increase it would increase 6.8 percent which would be the gross levy increase pulling out the limited market value. They are actually presenting a gross levy increase of about 13 percent to the residents but due to the fact that the State will not allow market value homestead credit to come to the City, what they will have on the property tax levy increase is about 6.8 percent. This would be a 2.5% increase if the market value does not change on a parcel. Mr. Dickinson explained to the Council how the increase was processed. Councilmember Jacobson wondered if this included the City Center. Mr. Dickinson stated it did. CounciImember Knight wondered if it included projected energy cost increase. Mr. Dickinson stated the City budget is very conservative and the amounts will be adequate to cover everything. Motion by Jacobson, Seconded by Orttel, to approve the attached resolution that indicates a total preliminary levy of$8,550,919 to be submitted to the Anoka County Property Records and Taxation Division by September 15, 2005. Motion carried unanimously. (Resolution RI56-05) ~ City Council Workshop - September 27,2005 Minutes - Page 7 Mr. Neumeister understood that Council wants a list of neighborhood businesses that could fit. CounciImember Orttel thought maybe all 4 areas shouldn't have the same use. The one in the rural area is a bigger site and could be used for something. It's at a good location and at a busy intersection. CounciImember Trude also noted that there is a signal light at Highway 65. CounciImember Orttel thought that the others could be for a dental office or something similar. The idea was to preserve these areas for some mild use in the future and we wound up giving it the broadest zoning defmition that the city has. That was not our intent. Ifwe're going to narrow it down, we should do it by site and not say that everyone could only have a dental office. Mr. Neumeister asked if the four sites should be dealt with separately. CounciImember Orttel states yes. CounciImember Trude asked whether the church should be left transitional commercial. CounciImember Jacobson noted that it's harder to turn someone down if the use is listed in our ordinance. Staff was directed to provide council examples of commercial developments with limited business and neighborhood business. On the Meister site more expanded uses should be considered. CONSIDER VARIOUS CODE REVISIONS, CONTINUED Mr. Neumeister stated that there are five items. Revision 32 deals with Shopping Center zones. CounciImember Trude noted that the city attorney had very specific comments on that. He said if you just go back to an explanation of something it's not the same as setting standards. Mr. Neumeister stated that he tried to explain why we're saying to leave it the way it was presented and that is because there are standards being prepared and they are on Pages 7 and 8 of the first part of the packet. At the present time there is only one Shopping Center district in the city and that is the Downtown Center. CounciImember Orttel suggested that we have it as allowable under General Business by contract only. Then we set the standards. He stated the problem with the standards is you don't have everything in there. With a contract you do it at the time of the development. CounciImember Trude agreed with CounciImember Orttel but would like Barry Sullivan to look at it. Motion by Orttel, seconded by Knight to table this to the next work session where there is time to deal with it. Motion carried unanimously.2 2006-2010 CAPITAL IMPROVEMENT PLAN (ClP) UPDATE Mr. Dickinson explained that the CIP presented to Council is for their reference and he asked that they get their comments to him so it can be fmalized in early November. One (; ~NDbVE~ 0f15\\\~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Additional Information January 31,2006 The attached minutes were requested by a Councilmember to be available for the discussion of the various code revisions. Pgs 2 - 5 Pg6 September 6, 2005 Regular Andover City Council Meeting Minutes September 27, 2005 Andover City Council Workshop Minutes --- Regular Andover City Council Meeting Minutes - September 6, 2005 Page 9 Mr. Pov Itzki stated the 2:00 a.m. close helped them to become more competitive. Council consensus was to leave the ordinance as is. VARIOUS CODE REVISIONS (PART 7) Community Development Director Neumeister stated the last of the proposed City Code amendments are included in the packet. Revision 24 - Building Height: Determination of Setbacks Staff reviewed the revision changes with the Council. The City Council thought this looked good. Revision 73 - Building Height Staff reviewed the revision changes with the Council. The City Council was fine with this revision. '-;;?( Mr. Neumeister stated they are proposing that the Shopping Center section of the code be deleted as it's already covered in Revision 16. Councilmember Trude asked if we are getting ride of the size requirement. Before it was a minimum of 2 acres for Neighborhood Business and 5 acres for Shopping Center. Mayor Gamache asked how many areas in the city are currently zoned Shopping Center. Mr. Neumeister stated they are the Downtown Center, the property across the street from City Hall and the Fairbanks property. Councilmember Trude added that Grey Oaks contains some also. In the past the ordinance said that only one comer of a major intersection could be zoned Shopping Center at one time. Now it could be more than one comer and the Rural Reserve could contain this zoning district. Councilmember Trude also noted that in the old language there were conditions that must be met. Councilmember Trude was not sure if it did any good to go to more subjective language. She thought they may need some guidelines for the Rural Reserve area. Councilmember Knight wondered if there is a difference between shopping center and strip mall. Mr. Neumeister stated he did not find anything in the code that shows a definition. If Council wants to set a minimum, they should leave all or some of this language in the revision. ';) Regular Andover City Council Meeting Minutes - September 6, 2005 Page 10 Councilmember Trude stated that the definition for Neighborhood Business says it does not have to be on a major street. If we only describe something, is that a regulation? Then we blank out everything in our code that was the conditions. She asked ifthis means we have gotten rid all of our regulations. Attornev Sullivan stated that the purpose section is usually a general statement of . policy of what the district is oin to be. Later on there should be a section ofthe code that s ecifies the particular standarcl~ for that district. He didn't know i those standards are being eliminated. Councilmember Trude felt that if it' s all deleted, we're getting rid of all the regulations and maybe some ofthem aren't important any more. Councilmember Orttel stated setbacks are important. He asked where the standards are that go along with this. Mr. Neumeister explained they are in another part of the code. The handout he passed out to Council basically says there are different types of zoning for different sizes of shopping centers. That alone doesn't set the standards. You have to have some standards for what the minimum size for this type of area will be. Councilmember Trude stated that she liked some of the old language that was struck. You want to see completion at some point. Some of these developments could take a long time. She would like to see standards for time, size and location. This makes sense because we're going to hopefully have some of these in the Rural Reserve. It was decided staff would bring back more information on this item. Revision 52 - Animals Staff reviewed the revision changes with the Council. Councilmember Orttel wondered why this was revised to begin with. Mr. Neumeister eXplained the history of this revision with the Council. Councilmember Orttel thought they should only add "any new farms over ten acres need to have a special use permit" and then to prohibit feed lots in the City except exempt ones. Councilmember Jacobson thought staff should look at this and bring it back to the Council workshop for discussion. Mr. Winslow Holasek noted the definition of a feed lot is too broad. Revision 61 - Housing Maintenance Staff reviewed the revision changes with the Council. Councilmember Jacobson questioned Item I regarding heating minimums for dwelling units. 'S Regular Andover City Council Meeting Minutes - September 6, 2005 Page I I The Council discussed with staff ifthis item was for both owner occupied and rental. It was noted the home would need to be able to maintain at least sixty eight degrees if needed. Revision 81 - Encroachments Staff reviewed the revision changes with the Council. The Council discussed porches with staff and ifit should be allowed in the City. Councilmember Jacobson thought this should be left as is and if someone would want to add a front porch, they could come in and ask for approval to build one. Councilmember Trude wondered how this came about for revisions. Mayor Gamache indicated to have this item brought back with more information. The Council recessed at 9:45 p.m. The Council reconvened at 9:50 p.m. Revision 81 (Cont.) Councilmember Orttel wondered why they would need to bring this back to a Council workshop. Councilmember Trude stated she would not want to allow this originally all house plans are reviewed before ARC or an architect. Councilmember Orttel would like to hear what the reasoning is for this being reviewed. Revision 82 - Snowmobiles and All Terrain Vehicles Staff reviewed the revision changes with the Council. Councilmember Jacobson noted he would like to see these prohibited in the R-4 District and maybe even in the R-3 and R-2 Districts because he did not think it was appropriate in higher density areas. Council requested staff to look further into this item to see what they can do and to see what other cities are doing and bring it back for further discussion. Revision 83 - Permitted, Conditional and Prohibited Uses Enumerated \.1 Regular Andover City Council Meeting Minutes - September 6, 2005 Page 12 Staff reviewed the revision changes with the Council. Councilmember Orttel wondered if they should only allow crematoriums in cemeteries like some cities are doing instead of a funeral home. Mayor Gamache stated he would like this restricted to only cemeteries. Councilmember Orttel stated he would like this only allowed in cemeteries in the M-l and M-2 Districts by CUP. Councilmember Orttel stated he was fine with it the way it was revised because they will need a CUP. ADOPT 2006 PRELIMINARY TAX LEVY City Administrator Dickinson stated each year the City Council is required by state law to approve a preliminary budget and submit a preliminary levy certification to Anoka County Property Records and Taxation Division by September 15,2005. Mr. Dickinson discussed the information with the City Council. Councilmember Jacobson stated if this was enacted and no changes were made what would this mean to a resident in Andover. What percentage would they see their taxes go up on the city's portion. Mr. Dickinson stated it depended on if they had a market value increase or not. lfthey do not have a market value increase it would increase 6.8 percent which would be the gross levy increase pulling out the limited market value. They are actually presenting a gross levy increase of about 13 percent to the residents but due to the fact that the State will not allow market value homestead credit to come to the City, what they will have on the property tax levy increase is about 6.8 percent. This would be a 2.5% increase if the market value does not change on a parcel. Mr. Dickinson eXplained to the Council how the increase was processed. Councilmember Jacobson wondered if this included the City Center. Mr. Dickinson stated it did. Councilmember Knight wondered if it included projected energy cost increase. Mr. Dickinson stated the City budget is very conservative and the amounts will be adequate to cover everything. Motion by Jacobson, Seconded by Orttel, to approve the attached resolution that indicates a total preliminary levy of$8,550,91 9 to be submitted to the Anoka County Property Records and Taxation Division by September 15, 2005. Motion carried unanimously. (Resolution RI56-05) ; City Council Workshop - September 27, 2005 Minutes - Page 7 Mr. Neumeister understood that Council wants a list of neighborhood businesses that could fit. Councilmember Orttel thought maybe all 4 areas shouldn't have the same use. The one in the rural area is a bigger site and could be used for something. It's at a good location and at a busy intersection. Councilmember Trude also noted that there is a signal light at Highway 65. Councilmember Orttel thought that the others could be for a dental office or something similar. The idea was to preserve these areas for some mild use in the future and we wound up giving it the broadest zoning definition that the city has. That was not our intent. Ifwe're going to narrow it down, we should do it by site and not say that everyone could only have a dental office. Mr. Neumeister asked if the four sites should be dealt with separately. Councilmember Orttel states yes. Councilmember Trude asked whether the church should be left transitional commercial. Councilmember Jacobson noted that it's harder to turn someone down if the use is listed in our ordinance. Staffwas directed to provide council examples of commercial developments with limited business and neighborhood business. On the Meister site more expanded uses should be considered. CONSIDER VARIOUS CODE REVISIONS, CONTINUED Mr. Neumeister stated that there are five items. Revision 32 deals with Shopping Center zones. Councilmember Trude noted that the city attorney had very specific comments on that. He said if you just go back to an explanation of something it's notthe same as setting standards. Mr. Neumeister stated that he tried to explain why we're saying to leave it the way it was presented and that is because there are standards being prepared and they are on Pages 7 and 8 of the first part of the packet. At the present time there is only one Shopping Center district in the city and that is the Downtown Center. Councilmember Orttel suggested that we have it as allowable under General Business by contract only. Then we set the standards. He stated the problem with the standards is you don't have everything in there. With a contract you do it at the time of the development. Councilmember Trude agreed with Councilmember Orttel but would like Barry Sullivan to look at it. Motion by Orttel, seconded by Knight to table this to the next work session where there is time to deal with it. Motion carried unanimously. 2006-2010 CAPITAL IMPROVEMENT PLAN (CIP) UPDATE Mr. Dickinson eXplained that the CIP presented to Council is for their reference and he asked that they get their comments to him so it can be finalized in early November. One 6