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Home My WebLink AboutCC October 19, 1999 ..-, CITY of ANDOVER '.-./ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - Tuesday, October 19, 1999 agenda Call to Order - 7:00 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes Bookmark Name minutes Discussion Items 1. Anoka County Sheriff Report 2,Public Hearing/Tax Rate Certification 3, Approve ASUP/Pipeline Expansion/Northem Natural Gas Co.! Cont. 4. Discuss Ordinance No, 109, Regulating Snowmobiles 5, Discuss Amendment to Ordinance No.8, Section 4,26, Bulk Storage Liquid Fuels 6, Approve Amendment to Development Policy Guideline sheriff phtaxrate nothern ordl09 ord8 policy /'1 \.~ Staff, Committeeso Commissions 7. Approve Amendment/Ordinance 229C ord229c Non-Discussion/Consent Items 8. Approve Probationary Period/General Clerk/Margaret Engstrom engsrom 9. Approve Hire/Public Works Secretary A secretarya 10, Appoint Finance Director findirector 11, Approve ASUP/Portable Classrooms/Constance Free Church constance 12. Declare Cost/99-19/3580 - 144th Avenue NW/SS-WM dclr9919 13, Adopt Assessment Roll/Waive Public Hearing/99-19/3580 - 144th Avenue NW/SS-WMadpt9919 14, Declare Cost/97-26A1Hamilton Square dlr9726a 15, Adopt Assessment RolVWaive Public Hearing/97-26A1Hamilton Square apt9726a 16, Adopt Assessment Roll/Waive Public Hearing/97-35/The Farmstead adpt9735 17. Reject Bids/99-2/Hawkridge Park Well bid992 18. Street Name Change/Chesterton Commons/Chesterton Commons 2nd Add. streetname Mayor/Council Input Payment of Claims Adjournment . \. ./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ I DATE: October 19, 1999 AGENDA SECTION ORIGINATING DEPARTMENT APPROVAL OF MINUTES City clerl.o. ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: October 5,1999 Regular Meeting October 5,1999 Special Closed Meeting \. / '\ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 19, 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Administration Richard Fursman ITEM NO. Anoka County Sheriff Monthly Reoort \. BACKGROUND: A representative from Anoka County Sheriffs Department will be present to provide the Council and the citizens of Andover an update on happenings around the City, . "- j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 19. 1999 AGENDA SECTION Public Hearing ORIGINATING DEPARTMENT Finance ITEM NO. t). Tax Rate Certification Backl!:round: In 1999 a new law was passed that requires all cities over 500 population to pass a resolution certifying the tax rate for the upcoming year if the new tax rate is higher than the current year. The City of Andover falls under these requirements as identified by Chapter 243, Art, 6, Sec 2 of Minnesota Statue 204B,135, subd. 5. This resolution must be filed with the County Auditor by October 20, 1999. Even though this resolution will be filed with the County, the City still has the authority to certify the final 2000 levy that results in a constant or decreased tax rate, Request: I ./ The Andover City Council is requested to schedule a Public Hearing October 19, 1999 on the Tax Rate Certification. Upon the close ofthe Public Hearing, the Council is requested to pass the attached resolution authorizing a tax rate increase, J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. -99 A RESOLUTION AUTHORIZING A TAX RATE INCREASE FOR THE 1999 TAX LEVY, COLLECTIBLE IN 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, County of Anoka, Minnesota, that the county auditor is authorized to fix a property tax rate for taxes payable in the year 2000 that is higher than the tax rate calculated pursuant to Minnesota Statutes ~ 204B.135 for the City for taxes levied in 1998, collectible in 1999, Adoption ofthis resolution does not prohibit the City from certifying a final levy that will result in no tax rate increase or a tax rate decrease. The city clerk is hereby instructed to transmit a certified copy ofthis resolution to the county auditor of Anoka County, Minnesota. I / Adopted by the Andover City Council on the 19th day of October, 1999, CITY OF ANDOVER ATTEST: ], E. McKelvey - Mayor Victoria V olk - City Clerk / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE:Ocwber 19.1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. John Hinzman, City Planner ASUP 99-03 16" Natural Gas Pipeline Prairie Knoll Park to Rum River Northern Natural Gas Company 6, Request ] / Northern Natural Gas Company requests this item be tabled to the November 16, 1999 City Council meeting for final decision, Additional time is requested to address the council's concerns, Staff will notify residents of the November 16th meeting, FERC Decision The Federal Energy Regulatory Commission (FERC) has authorized construction of the Northern Natural Gas Company proposed route parallel to the existing 8" natural gas pipeline. Appeals Process FERC's decision can be appealed, The appeal must be received by October 30,1999, Staff requests direction on whether the council wishes to file an appeal. Construction Schedule Northern does not anticipate construction to begin in Andover until Spring of2000. Construction has commenced between Elk River and Ramsey (see attached pictures). Staff has toured the construction site and will be available for any questions at the meeting, '. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 19, 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. Discuss Ordinance No, 109 Operation of Snowmobiles in the City 4. ReQuest The City Council is asked to review the minutes of the September 28, 1999 Planning and Zoning Commission Meeting, A public hearing was held for residents to comment on whether or not snowmobiling should be restricted in the southern part of the City (with the exception of their own personal property), Plannin!!: and Zonin!!: Commission Recommendation The Planning and Zoning Commission recommends to the City Council (4-3 vote) that snowmobiling be .) prohibited south of 16lst Avenue NW in the City, Attachments Staff Report (Planning and Zoning Commission (9/28/99) City Council Meeting Minutes (9/7/99) Ordinance No, 109 Planning and Zoning Commission Meeting Minutes (9/28/99) Resident Letters Submitted by E-Mail Commenting on Snowmobiling " / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE September 28, 1999 AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR AGENDA 4. Public Hearinl!: Discuss Ordinance No, 109 Operation of Snowmobiles Planning Jeff Johnson BY: BY: Request The Planning and Zoning Commission is asked to hold a public hearing to discuss Ordinance No, 109 - Snowmobiles, At the September 7, 1999 City Council meeting, the City Council authorized a public hearing for residents to comment on whether snowmobiling should be restricted in the southern part of the City (with the exception of their own personal property). " / Attached is a copy of Ordinance No. 109 for your review, It should be noted that the Snowmobile Task Force Committee met on August 19, 1999 to review this ordinance. The six (6) members were split on their decision to restrict snowmobiling in the southern part of the City. Staff requests a recommendation from the Commission. j , . CITY Of ANDOVER COUNTY Of ANOKA STATE OF MINNESOTA (, ORDINlU~CE NO. 109 AN ORDINANCE ADOPTING REGULATIONS FOR THE OPERATION Of ALL-TERRAIN VEHICLES AND SNOWMOBILES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: SECTION 1. DEFINITIONS. Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases, as used in this Section shall have the meanings set forth in the subdivisions of this section which follow. a. SNOWMOBILE a self-propelled vehicle designed for travel on snow or ice steered by skis or runners. b. ALL-TERRAIN VEHICLE - a motorized flotation-tired vehicle of not less than three (3) low pressure tires, but not more than six (6) low pressure tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds. OWNER means a person, other than a lien holder having the property in or title to snowmobile or all-terrain vehicles and entitles to the use or possession thereof. \ \ / c. d. e . f. g. h. i . , / j . OPERATE - to ride in or on and control the operation of a snowmobile or all-terrain vehicle. OPERATOR - means every person who operates or is in actual physical control of a snowmobile or all-terrain vehicle. ROADWAY means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder, but not including the boulevard. BOULEVARD - is that portion of the street right-of-way between the curb line and the property line. RIGHT-Of-WAY - means the entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes..' URBAN DISTRICT means the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter mile or more. PUBLIC LANDS - public parks, playgrounds, trails, paths and other recreational area and other public open spaces; scenic and historic sites; schools and other public buildings and structures. '._~~:~i.!""!:.'..e...........:....-.~.......(:::--_........;;~'; ..-._......._..._ ._ _'-..-.. ..;........ ~__...~a:."lIIl--- lncilmember Orne! stated he would also like to see a review of what is going on at that ,ersection for accidents, Those are probably not involving the local residents but people driving 1trOugh. Therefore. it wouldn't necessarily require making it a four-way stop. Another issue may be that of maintenance if Ham Lake does not participate in the cost plus just establishing a policy of working with a neighboring City. Councilmember Johnson wondered at what time of day the accidents occur. ,." J '. .'rIo/ion by Ornel, Seconded by Johnson, to table the item until 1) we can find out when the study for warrants was done on the intersection and possibly have another one done; 2) recommendations on what could be done to make the north-south stop signs more obvious; and 3) talk to Ham Lake about it again. as it is a policy issue that should be worked out. Then see if a light is still needed, Motion carried on a 4- Yes, I-Abstain (Jacobson) vote. Councilrnember Knight wondered if Andover is more aggressive about meeting warrants than other cities. He gets the feeling other cities do not necessarily follow that criteria for installing stop signs. ~lr. Erickson explained studies have shown that more accidents are created by installing stop signs where they are not warranted because people disregard them or roll through them. The theory is if the intersection meets warrants, it would be an appropriate location for stop signs because they would reduce accidents. Studies do back that up, Councilmember OrtteI noted that is not necessarily so when adding traffic signals on county roads. No action was taken, CONSIDER SNOWMOBILE TASK FORCE MEETING The Council noted the original members remain on the Sno....mobile Task Force, They felt it is a '\ good idea for the Task Force to meet and suggested Staff contact those members to determine if they '- ) are willing to continue serving and to set up a meeting, [t was also suggested that if the representatives of the Sno-Dragons Sno....mobile Club no longer wish to serve, that the Sno-Dragons be contacted and asked to recommend a replacement member, The Council suggested that if the Task Force recommends a change in rules or abolishing the activity in portions of the City. it should be done before the fall so people can be informed of the changes. Another issue is studded tracks, which is not allowed in the City, Above all, the City's investment in the trail system must be protected, Mr. Erickson stated the City can also be more pro-active in protecting the trails such as putting up orange drums ....ith orange snow fencing, etc, Staff was directed to set up the meeting for the Task Force and bring the item back to the Council for reappointment of the members or for appointment of new ones, It was also suggested the date of the meeting be published. APPROVE ORDINANCE NO. 166, RENTAL HOUSING Councilmember Jacobson pointed out the definition ofa rental dwelling in the ordinance applies to ,anv dwelling unit ....ith t'.\.'0 or more living units for hire, The definition is not for single family homes )h~t may be rented out, As a result, the City is missing a large portion of the rental units. He wondered if that definition should be changed to include the single family homes, The reason for the ordinance is to protect the people who move in regarding fire and safety of the structure. Councilmember Orttel argued the rental of single family homes by the owners who leave the City for a few months do not cause the problems that are covered under this ordinance. Someone who _...... .,...... _..... ...__ _ ___ ....=,. _ _ _.J _ _ _.._ ..L _ L....._ _ _L _..I...J _ _.. ,_ _ _. _ .. _ __.. _ ,~__ ~ ~ ,. 1 ., .t. ,_ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA n ORDIN~~CE NO. 109 AN ORDINANCE ADOPTING REGULATIONS FOR THE OPERATION OF ALL-TERRAIN VEHICLES AND SNOWMOBILES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: SECTION 1. DEFINITIONS. Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases, as used in this Section shall have the meanings set forth in the subdivisions of this section which follow. a. SNOWMOBILE a self-propelled vehicle designed for travel on snow or ice steered by skis or runners. b. ALL-TERRAIN VEHICLE - a motorized flotation-tired vehicle of not less than three (3) low pressure tires, but not more than six (6) low pressure tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds. c. d. e. f. g. h. 1. j . OWNER means a person, other than a lien holder having the property in or title to snowmobile or all-terrain vehicles and entitles to the use or possession thereof. OPERATE - to ride in or on and control the operation of a snowmobile or all-terrain vehicle. /''1 ;. .J OPERATOR - means every person who operates or is in actual physical control of a snowmobile or all-terrain vehicle. ROADWAY means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder, but not including the boulevard. BOULEVARD - is that portion of the street right-of-way between the curb line and the property line. RIGHT-OF-WAY - means the entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes.. URBAN DISTRICT means the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter mile or more. ( \ i \. PUBLIC LANDS - public parks, playgrounds, trails, paths and other recreational area and other public open spaces; scenic and historic sites; schools and other public buildings and structures. ,page 4 "\ / SECTION 5. A snowmobile may make a direct crossing of a street or highway provided: The snowmobile crossing the highway. c. The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard. a. b. d. The crossing (90) degrees and at a place safe crossing. is made at an angle of approximately ninety to the direction of the street or highway where no construction prevents a quick and is brought shoulder or to a main complete traveled stop way before of the In crossing a divided street or highway, the made only at an intersection of such street with another public street or highway. crossing is or highway e. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-had (1/2) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. '\ ./ f. SECTION 6. A snowmobile may make a direct crossing of a street or l highway provided a snowmobile may be operated upon a bridge, other than a bridge that is the main traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to travel when no other method of avoidance is possible; provided the snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made within one hundred (100) feet of the bridge, and the crossing is made without undue delay. No person shall operate a snowmobile along any City Street or County Road/County State Aid Highway as shown on the attached map as "Prohibited". SECTION 7. No snowmobile shall enter making a complete stop. of way to any vehicles immediate hazard. SECTION 8. any The or uncontrolled intersection without operator shall then yield the right pedestrians which constitute any An all-terrain vehicle or snowmobile may be operated upon a public street or highway in an emergency during the period of time when and at locations where the condition of the roadway renders travel\ by automobile impossible. \ .I ca~~ ~ SECTION 9. EQUIPMENT. , ~ J It is unlawful for any person to operate a snowmobile or all- terrain vehicle any place within the corporate limits of Andover unless it is equipped with the equipment set forth as follows: 1. 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. No person shall use a muffler cutout, by-pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling noise. 2. Brakes adequate to control the movement of and to stop and hold the snowmobile or all-terrain vehicle under any conditions of. operation. 3. A safety or so called "deadman" throttle in condition, as that when pressure is removed accelerator or throttle, the motor is disengaged driving track. operating from the from the 4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness / \ under normal atmospheric conditions. / a. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. b. It shall be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear during the hours of darkness under normal atmospheric conditions. c. Such equipment shall be operated between the hours sunset or one-half (1/2) of reduced visibility. in use when the vehicle is of one-half (1/2) hour after hour before sunrise or at times SECTION 10. LEAVING SNOWMOBILE UNATTENDED. Every person having a snowmobile in a public place shall lock the ignition, remove the key and take the same with him. SECTION 11. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, otherwise take or attempt to take any animal, wild with a snowmobile. run over, kill or domestic, r ~ , , ca~~ J SECTION 9. EQUIPMENT. (- It is unlawful for any person to operate a snowmobile or all- terrain vehicle any place within the corporate limits of Andover unless it is equipped with the equipment set forth as follows: 1. 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. No person shall use a muffler cutout, by-pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling noise. 2. Brakes adequate to control the movement of and to stop and hold the snowmobile or all-terrain vehicle under any conditions of. operation. 3. A safety or so called "deadman" throttle in condition, as that when pressure is removed accelerator or throttle, the motor is disengaged driving track. 4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness under normal atmospheric conditions. operating from the from the a. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. b. It shall be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear during the hours of darkness under normal atmospheric conditions. c. Such equipment shall be operated between the hours sunset or one-half (1/2) of reduced visibility. in use when the vehicle is of one-half (1/2) hour after hour before sunrise or at times SECTION 10. LEAVING SNOWMOBILE UNATTENDED. Every person having a snowmobile in a public place shall lock the ignition, remove the key and take the same with him. SECTION 11. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, otherwise take or attempt to take any animal, wild with a snowmobile. run over, kill or domestic, ~ P,age 2 " ) k. SAFETY OR DEADMAN THROTTLE is defined as a which, when pressure is removed from the accelerator or throttle, causes the motor disengaged from the driving track. device engine to be SECTION 2. PERSONS UNDER 18 YEARS OF AGE. No person under 14 years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator or a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this ordinance and make a direct crossing thereof only if he/she has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources as provided by Minnesota Statutes, Section 84.86 as amended. It is unlawful for snowmobile to be section. the owner operated of a contrary snowmobile to permit the to the provisions of this SECTION 3. OPERATION ON PRIVATE PROPERTY. No person shall operate an all-terrain vehicle or snowmobile on lands not owned by the person without the written or oral permission of the owner, occupant, or lessee of such lands, ) provided that in the case of oral permission, the owner, occupant, '- or lessee of such lands is present. SECTION 4. OPERATION ON PUBLIC PROPERTY. a. Ooeration Generally. No snowmobile shall publlc property within the City violation of the following be operated on of Andover in provisions: 1. No person shall operate an all-terrain vehicle or snowmobile within the City of Andover including, but not limited to, school grounds, park property, playgrounds, recreation areas and golf courses, except snowmobiles may be operated on designated snowmobile trails or designated accesses thereto. 2. No person shall operate a snowmobile upon the roadway: shoulder, or inside bank or slope of any trunk, county state aid, or county highway within the City of Andover, and in the case of a divided trunk or county highway, on the right-of-way between the opposing lanes of traffic. No person shall operate a snowmobile on City streets, except on the shoulder of the roadway, or in the absence of an improved shoulder, on the righthand-most portion of the roadway (not on boulevard areas) and in the same direction as the street traffic on the nearest lane of the roadway adjacent thereto. In addition, snowmobiles \ shall take the shortest route on any City Street to . access any County Road or County State Aid Highway or any designated snowmobile trails. 3. " ) On a public sidewalk or pedestrian travel. 5. At any place, while under the influence of an alcoholic beverage or controlled substance. C"Cl'j'= .J 4. 6. 7. 8. 9. 10. 11. walkway provided ./ '\ or used for ) At any speed in City street or reasonable or circumstances. excess of elsewhere proper 15 miles per at a rate of under all hour on any public speed greater than the surrounding At any speed in excess of 15 miles per hour on any County Road and County State Aid Highway in an urban district. ~l other County Roads and County State Aid Highways not in an urban district must comply with Minnesota Statutes or elsewhere at a rate of speed greater than reasonabl~ or proper under all the surrounding circumstances. At any place in a careless; reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. So as to tow any person or thing on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. At a speed greater than 15 miles per hour when within one , hundred )100) feet of any riverbank or lake shore, or within one hundred (100) feet of fishermen, ice houses or skating rinks, nor shall operation be permitted within one hundred (100) feet of any sliding area, nor where the oDe ration would conflict with the lawful use of property oc would endanger other persons or property. r '\ / In a manner so as to create loud, noise which disturbs, annoys, or peace and quiet of another. 12. On any days between the hours of 11:00 p.m. and 8:00 a.m., except on Saturday and Sunday, the restriction shall be between 1:00 a.m. and 8:00 a.m. unnecessary or unusual interferes with the 13. Such operation is not permitted within fifteen (15) feet to any public sidewalk, walkway or trail. 14. It shall be unlawful for any person to drive or operate an all-terrain vehicle or snowmobile in a tree nursery or planting in a manner which damage~ or destroys growing stock. r- -.., J ra':l'" .) 4. On a public sidewalk or walkway provided or used for ( pedestrian travel. " 5. At any place, while under the influence of an alcoholic beverage or controlled substance. 6. At any speed in City street or reasonable or circumstances. excess of elsewhere proper 15 miles per hour on any public at a rate of speed greater than under all the surrounding 7. At any speed in excess of 15 miles per hour on any County Road and County State Aid Highway in an urban district. ~l other County Roads and County State Aid Highways not in an urban district must comply with Minnesota Statutes or elsewhere at a rate of speed greater than reasonabl~ or proper under all the surrounding circumstances. 8. At any place in a careless; reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. 9. So as to tow any person or thing on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. 10. At a speed greater than 15 miles per hour when within one hundred )100) feet of any riverbank or lake shore, or within one hundred (100) feet of fishermen, ice houses or skating rinks, nor shall operation be permitted within one hundred (100) feet of any sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property. 11. In a manner so as to create loud, noise which disturbs, annoys, or peace and quiet of another. On any days between the hours of 11:00 a.m., except on Saturday and Sunday, shall be between 1:00 a.m. and 8:00 a.m. unnecessary or unusual interferes with the 12. p.m. and 8:00 the restriction 13. Such operation is not permitted within fifteen (15) feet to any public sidewalk, walkway or trail. 14. It shall be unlawful for any person to drive or operate an all-terrain vehicle or snowmobile 'in a tree nursery or planting in a manner which damage~ or destroys growing stock. , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: September 7. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ITEM NO. l4~iSCUSS Ord, 1 09/Snowmobiles/Snowmobile Task Force Todd Haas, /" Engineering The City Council is requested to discuss Ordinance 109 (regulations for the operation of all- terrain vehicles and snowmobiles within the City of Andover) to determine if any sections of the ordinances are to be amended. The Snowmobile Task Force met on August 19, 1999 to discuss the items requested by the City Council in regard to changes in abolishing snowmobiles in portions of the City and also discussed metal tractor devises (see attached meeting minutes of the City Council), As far as the abolishing of snowmobiles in portions of the City, members Wayne Ness and Carolyn Fisher did recommend establishing a boundary which would allow snowmobiles to '')perate north of this line generally about 161 st Avenue NW, (If you recall both Ness and / Fisher recommended this last fall.) Sergeant Shelly Kazimer of the Anoka County Sheriffs Department also recommended that a boundary be identified as this would be easier from an enforcement standpoint. Mayor McKelvey, Maynard Apel (Planning and Zoning Commission) and Scott Johnson (Andover Sno-Dragons) are recommending no changes to the current ordinances in regard to where snowmobiles can ride. It was their recommendation that if the following items listed below were utilized it will minimize the amount of violations. · Educate the public about the speed limit requirements and where they can ride snowmobiles on city streets and county roads. This can be done by newsletter, cable tv and snowmobile club, · Provide additional signage along Round Lake Boulevard NW between 133rd Avenue NW and South Coon Creek Drive, If you recall, snowmobiling is not allowed along Round Lake Boulevard NW south of South Coon Creek Drive to the City of Coon Rapids. Currently there are 2 signs (one just south of Coon Creek Drive for southbound snowmobiles and another at the south end of Round Lake Boulevard NW for northbound snowmobiles). Also, the Task Force is recommending that the fine be identified on the same sign, The point of doing this is that if they see the amount of the fine, they would have second thoughts about driving in this prohibited area. I have discussed with the Anoka County '\ Highway Department about enlarging the existing signs and adding a couple more and it ) appears that this will be possible to do. · The Task Force recommended that current brochures be updated by the City to give to new homeowners about some of the general rules and regulations of the City such as recreational fires, snowmobiles, fences. building permits, etc. that held educate them about the City, There are a couple ways to do this by having the builders give to the new homeowners. The brochure would be given to the builder when they pick up the certificate of occupancy, Another option is send the brochure to the new homeowner via U.S. Postal Service, The Task Force (specifically the snowmobile club) felt that snowplowing the trails the past couple of years has helped significantly to keep snowmobiles off the trails. They also felt that snowplowing further south of Andover to 140th Lane NWalong Hanson Boulevard NW will significantly help keep snowmobiles off the trails, Currently the Public Works Department plows along Hanson Boulevard NW from Andover Elementary School to Oak View Middle School. · The Task Force is recommending that articles during the winter months be written for the newsletter, With the new format of the newsletter the Task Force felt more residents are receiving the newsletter which has been informative, · The Task Force is recommending that a letter be sent to Andover residents that have snowmobiles and remind them of the rules and regulations. This was a couple years ago and appeared to somewhat be effective. · The Andover Sno-Dragons will be working with the Anoka County Highway Department to discuss the possibility of a bi-directional designated snowmobile trail along CSAH 78 (Hanson Boulevard NW), Other bi-directional snowmobile trails in the County (Circle Pines) have been approved by the Anoka County Board in the past. ( '\ \ ) Note: The Task Force did somewhat discuss the studded track issue. Currently, the state law still does not allow studded tracks on paved trails and City ordinance does not allow any snowmobiles (studded or not) on any designated trails. If the City Council wanted to ban studded tracks entirely from the City they could if they felt it would protect the paved trails. r '\ \. / .~ /' ) " recreational fires, snowmobiles, fences. building permits, etc. that held educate them about the City. There are a couple ways to do this by having the builders give to the new homeowners, The brochure would be given to the builder when they pick up the certificate (. of occupancy, Another option is send the brochure to the new homeowner via U.S. Postal Service. The Task Force (specifically the snowmobile club) felt that snowplowing the trails the past couple of years has helped significantly to keep snowmobiles off the trails, They also felt that snowplowing further south of Andover to 140th Lane NWalong Hanson Boulevard NW will significantly help keep snowmobiles off the trails. Currently the Public Works Department plows along Hanson Boulevard NW from Andover Elementary School to Oak View Middle School. · The Task Force is recommending that articles during the winter months be written for the newsletter. With the new format of the newsletter the Task Force felt more residents are receiving the newsletter which has been informative. · The Task Force is recommending that a letter be sent to Andover residents that have snowmobiles and remind them of the rules and regulations. This was a couple years ago and appeared to somewhat be effective, · The Andover Sno-Dragons will be working with the Anoka County Highway Department to discuss the possibility of a bi-directional designated snowmobile trail along CSAH 78 (Hanson Boulevard NW). Other bi-directional snowmobile trails in the County (Circle Pines) have been approved by the Anoka County Board in the past. Note: The Task Force did somewhat discuss the studded track issue. Currently, the state law still does not allow studded tracks on paved trails and City ordinance does not allow any snowmobiles (studded or not) on any designated trails, If the City Council wanted to ban studded tracks entirely from the City they could if they felt it would protect the paved trails. ) "- . / " Regular Andover City Council "-Ieeting ,\linutes - September 7, 1999 Page 9 / DISCUSS ORDINANCE I09ISNOWMOBILESISNOJV,l-fOBILE TASK FORCE Todd Haas, Assistant City Engineer, reviewed the recommendations of the Snowmobile Task Force as outlined in the Agenda material. Those recommendations included further public education regarding speed limits and where snowmobiles can be ridden in the City, additional signage along various streets, updating the brochures on sno\',mobiling for new residents. snowplowing more of the trails to keep snowmobiles off them, include articles in the newsletter during the winter months, send letters to Andover residents who have sno\Vmobiles to remind them of the rules and regulations, and to work with the Anoka County Highway Department and Snow-Dragons on the possibility of a bi-directional trail for snowmobiles along Hanson Boulevard, In discussing the studded track issue, state law does allow them, but the City ordinance does not allow them on any designated trails, Doug Brown, 401 166th Avenue, President of the Andover Sno-Dragons Snowmobile Club, stated if snowmobiling is banned in the southern portion of the City, people from that area have no way to exit the City. They talked had about getting a trail out of the City either up Hanson Boulevard or to the west, but nothing ever happened. They are all volunteers and are frustrated, '\ ) Councilmember Orttel was frustrated with the recommendations of the Task Force, He hoped they would have come up with better solutions to this very serious problem instead of restating the same proposals as previous years, There are too many problems caused by snowmobilers in the highly dense urban area, He even questioned if the City has the right to outlaw studs. Councilmember Jacobson agreed the southern portion of the City many be too urbanized to allow sno\vmobiles, People are putting up orange snow fences and other unsightly barricades to prevent snowmobiles on their property. Sno\\mobiles tear up the driveways as they ride across them. It was his opinion that people who don't ride snowmobiles and are objecting need some relief. He felt banning snowmobiles in the vicinity south of 161st is a good idea but felt a public meeting should be held on the issue, Council member Johnson was not comfortable with what the Task Force had done, They simply went over what had been discussed in previous years, and the people were not listened to. She didn't know if they spent a lot of time looking at alternatives, ) Ron Shennan. 1.+560 Drake - explained sno\\mobilers can ride in the street if there is no boulevard, though not with studded tracks. He was at the meeting but not on the Task Force, One thing they were going to enforce this year is the no tolerance rule and have the offenders tagged and their sleds towed. Last year just as many calls were received north of 161st as south of it regarding snowmobiles, Most of the snowmobilers are trying to get out of town to the trails, Only a few ride around causing problems. He asked why a trail couldn't go up Hanson Boulevard to get out of town, Anoka County has allowed riding on one side of the road in other cities, Also, the DNR supports such trails, He'd like to have a trail up Hanson Boulevard to alleviate some of the problems getting people out of town. Councilmember Knight noted some of the reoccurring problems caused by snowmobilers. It is difficult to control in the urban area, Captain Bruce Andersohn stated a ban in the urban area would make the issue black and white. It is easier to stop snowmobilers and would possibly make it easier to control those people coming in Regular Andover City Council Meeting Minutes - September 7, 1999 Page 10 r '1 / (Discuss Ordinance l09/Snowmobiles/Snowmobile Task Force, Continued) from Coon Rapids. At least it becomes a clear demarcation. Council discussion was on having a public hearing on the matter as quickly as possible. Mr. Carlberg stated the Planning Commission could hold a public hearing on September 28 with the item brought to the Council in October. Motion by Jacobson, Seconded by Orttel, to authorize a public hearing for people to comment on whether the Council should ban snowmobiling in the southern part of the City except on their own property; send it to the Planning and Zoning Commission. Motion carried unanimously. SPECIAL USE PERMIT/SERVICE STATION/3657 BUNKER LAKE BOULEVARD NW/PRECISION TUNE Mr, Carlberg reviewed the request of Precision Tune to construct and operate an automobile service station on property owned by Local Oil Company of Anoka at 3657 Bunker Lake Boulevard. The property is zoned SC, Shopping Center. The Planning and Zoning Commission is recommending approval but directed Staff to examine the construction of speed bumps along the frontage road " ) between that property and the SuperAmerica as a part of the commercial site plan approval. Dan Dagge, for Precision Tune - eXplained the residents to the north were concemed with the speed of traffic currently coming out of there from SuperAmerica and the amount of cars, They will moving the driveway lane away from the main road and provide parking off that so cars can't go through there as fast. The maximum number of cars through Precision Tune is about five per hour, which is not much compared to tranic at the convenience store. They would not like to have speed bumps through there, as they cause other problems, Councilmember Orttel agreed. Mr. Dagge stated their company policy is that vehicles that stay over night must be inside. They are not a general repair garage but a tune-up facility, It is very rare to have a car there over night. The lighting will meet the City standards for foot candles over the property line, They will screen on the north and west sides adjacent to the residential properties, They have decided to shift the building to the east as far as possible and stay away from the residential areas, There will be a common driveway but some separation and easement for Cross traffic. The purchase agreement requires that they do not block anyone's traffic, Motion by Orttel, Seconded by Jacobson, the Resolution, (Resolution R194-99 approving the Special Use Permit) Motion carried unanimously. DISCUSS REQUEST TO WAIVE AMENDED SPECIAL USE PERMIT REQUlREMENTS/WASTE OIL STORAGE TANK/KOTTKE BUS COMPANY '1 J Motion by Jacobson, Seconded by Ortte!, to deny the request and have the applicant go through the regular process for an Amended Special Use Permit. DISCUSSION: Councilmember Jacobson , , Regular Andover City Council Meeting Afinutes - September 7. 1999 Page 10 ( I (Discuss Ordinance 109/Snowmobiles/Snowmobile Task Force, Continued) from Coon Rapids, At least it becomes a clear demarcation. Council discussion was on having a public hearing on the matter as quickly as possible. Mr. Carlberg stated the Planning Commission could hold a public hearing on September 28 with the item brought to the Council in October. Motion by Jacobson, Seconded by Orttel, to authorize a public hearing for people to comment on whether the Council should ban snowmobiling in the southern part of the City except on their 0\\011 property; send it to the Planning and Zoning Commission. Motion carried unanimously, SPECIAL USE PERMIT/SERVICE STATION/3657 BUNKER LAKE BOULEVARD NW/PRECISION TUNE Mr. Carlberg reviewed the request of Precision Tune to construct and operate an automobile service station on property owned by Local Oil Company of Anoka at 3657 Bunker Lake Boulevard, The property is zoned SC. Shopping Center. The Planning and Zoning Commission is recommending approval but directed Staff to examine the construction of speed bumps along the frontage road between that property and the SuperAmerica as a part of the commercial site plan approval. '. ./ Dan Dagge. for Precision Tune - explained the residents to the north were concemed with the speed of traffic currently coming out of there from SuperAmerica and the amount of cars, They will moving the driveway lane away from the main road and provide parking off that so cars can't go through there as fast. The maximum number of cars through Precision Tune is about five per hour, which is not much compared to traftic at the convenience store, They would not like to have speed bumps through there. as they cause other problems, Councilmember Ornel agreed. Mr. Dagge stated their company policy is that vehicles that stay over night must be inside, They are not a general repair garage but a tune-up facility, It is very rare to have a car there over night. The lighting will meet the City standards for foot candles over the property line. They will screen on the north and west sides adjacent to the residential properties. They have decided to shift the building to the east as far as possible and stay away from the residential areas. There will be a common driveway but some separation and easement for cross tranic, The purchase agreement requires that they do not block anyone's traffic, ,"'lotion by Ortte!. Seconded by Jacobson, the Resolution. (Resolution R194-99 approving the Special Use Permit) Motion carried unanimously, '\ DISCUSS REQUEST TO WAIVE AMENDED SPECIAL USE PERMIT ) REQUlREMENTS/WASTE OIL STORAGE TANK/KOTTKE BUS CO,UPANY Motion by Jacobson. Seconded by Orne!. to deny the request and have the applicant go through the regular process for an Amended Special Use Permit. DISCUSSION: Councilmember Jacobson r::age b , SECTION 12. PENALTY. / Any person violating any prov~s~on of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $700.00 or by imprisonment of not more than 90 days, or both, plus costs of prosecution in either case. SECTION 13. EFFECTIVE DATE. This Ordinance shall take effect and be in force upon its passage and publication as required by law. Adopted by the city Council of the City of Andover this 6th day of June , 19~. CITY OF ANDOVER ATTEST: J. f. lPvJ{~..u) IJ.E. MCKelvey II "Mayor -' ) ~da Victoria volk City Clerk '\ ) \ , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA r '\ ) Ordinance No. 109A AN ORDINAJ.'\l'CE AMENDING ORDINANCE NO. 109 - AN ORDINANCE ADOPTING REGULATIONS FOR lEE OPERATION OF ALL-TERRAIN VEHICLES AND SNOWMOBILES WITHIN TIlE CITY OF ANDOVER The City Council of the City of Andover hereby ordains as follows: Section 14. ENFORCEMENT. The City's enforcement agency or the Anoka County Sheriff's Department in order to provide enforcement. shall be exempt from the requirements of this ordinance. All other sections or this ordinance shall remain as written and adopted. by the City Council. Adopted by the City Council of the City of Andover on this 5th day of Januarv. 1999. r '-, ATTEST: CITY OF fu"IDOVER d;t;:,~ ~~ Victoria Volk, City Clerk .."1 (1 \ I ,;' / j z. /,7;::/ tt...J..,.~ ,: ], E. McKelvey, Mayo~ r ') 1 I / ( CI1Y OF A...'IDOVER COUNlY OF ANOKA STATE OF MINNESOTA Ordinance No. 100A AN ORDINA...'lCE AMENDING ORDINANCE NO. 109 - AN ORDINANCE ADOPTING REGULA nONS FOR THE OPERA nON OF ALL-TERRAIN VEHICLES AND SNOWMOBILES WITHIN THE CI1Y OF ANDOVER The City Council of the City of Andover hereby ordains as follows: Section 14. ENFORCEMENT. The City's enforcement agency or the Anoka County Sheriff's Department in order to provide' enforcement, shall be exempt from the requirements of this ordinance. All other sections or this ordinance shall remain as written and adopted. by the City Council. Adopted by the City Council of the City of Andover on this 5th day of Januarv. 1999. / A TrEST: CI1Y OF Ai'IDOVER d;t:;.L/ J~ Victoria Volk, City Clerk .., (' I I i'/ I j z. 77;::/ rt~~..--< J. E, McKelvey, Mayo~ " ) I o , ''\ ,...) ,~ CITY of ANDOVER u 1685 CROSSTOWN BOULEVARD NW, . ANDOVER. MINNESOTA 55304 . (q12) 755-5100 NOTICE OF PUBLIC HEARING CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m" or as soon thereafter as can be heard, on Tuesday, September 28, 1999 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review and discuss Ordinance No. 109 - An Ordinance Regulating the Operation of Snowmobiles. A discussion will be held to determine where the . operation of snowmobiles should be permitted or restricted in certain areas ofth.e City. . o All written and verbal comments will be received at that time and location. A copy of the application will be made available at City Hall for review prior to said meeting. 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I : ,i.: I I ....--....1:...: ~.;~- . ~i ---....... . '".;r' I"" .1.......' ---.--=-~__.......--_~)~~ ~c~.~ ____:____ ~ ._ f:=.::~~ ~._:~~.. : i ~'-; ~-~1- I I _..~=-. '- j '. '.""""-=-: ":..!' 1- ~"l:r ~~, I 1 I - __~, -,:' ~,,:::;.-' -~-_ - I' _ ---: ---:--:" "'... : ~ ~'7~~-r.,; 1- . .... . .... -..... ~. a..: -.....c:;.::~. +:;. ~ t. ' t. ~.:::. -:=:::~: ,~- " - , - --=---. ~................... /'~~)/ , , ......- .,.,~. ..... r - "- 'I ~ ~.~ ..--. ---------------------------. -'- '" ~ . j ! ;'" ,-- ~-=.r ! ,. t . , .,-'" ~ '~, ~:/~\ I::::::PCC:_-- -- -..:::. .. , ~-:..:::";'~~~---""':/..--:----~ _ ,. .......;~I'!a-:...;..~ 1~"7.~ &--,. T."-::'~. ~..._.'" .:.a.... -..-......... ..... . ~~~7--~:~~f~: --;:':...~~.~..~ . I:. :... i . ! . : i i: I ---------- i -; ~ Regular Andover Planning and Zoning Commission Meeting Minutes - September 28, 1999 Page 2 vote. PUBLIC HEARING: AMEND ORDINANCE 109 - SNOWMOBILES. Zoning Administrator Jeff Johnson stated the Planning and Zoning Commission is asked to hold a public hearing to discuss Ordinance No, 109 - Snowmobiles, At the September 7, 1999 City Council meeting, the City Council authorized a public hearing for residents to comment on whether snowmobiling should be restricted in the southern part of the City, Mr, Johnson provided the Commission with a copy of Ordinance No. 109 for their review, He stated the S~owmobile Task Force Committee met on August 19, 1999 to review the ordinance and to discuss enforcement issues in the City, He commented that the six members appointed to this committee were split on their decision to restrict snowmobiling in the southern part of the City, ~ . Mr, Johnson stated staff was seeking a recommendation from the Planning and Zoning Commission regarding whether or not to restrict snowmobiling in the southern part of the City, He noted staff has conducted research at the request of the City Council, and has contacted approximately fifteen (15) Metropolitan urban communities, third string suburbs, that are experiencing growth, for their research area, He stated two of the communities in the western suburbs ban snowmobiling, and the remaining cities allow snowmobiling with some restrictions in the cities. Mr. Johnson stated Todd Haas, Assistant City Engineer and member of the Snowmobile Task Force, was present to address any questions the Commission or residents may have in regard to this issue, He stated Sergeant Longbin with the Anoka County Sheriffs Department was also present and was familiar with the enforcement issues. Commissioner Hedin asked how the Snowmobile Task Force was split. Mr, Haas stated two individuals representing the concerned citizen's group, Caroline Fisher and Wayne Ness as well as a member of the Anoka County Sheriffs Department recommended restricting snowmobiles south of 161 51 Avenue, which would be easier for them from an enforcement standpoint. Commissioner Apel explained Wayne Ness, Caroline Fisher and Sergeant Shelly Kazimer were in favor of restricting snowmobiles, or at minimum, establishing a boundary, He stated he, Mayor McKelvey, and Scott Johnson, a member of the Andover Sno-Dragons Snowmobile Club, recommended no changes to the current ordinance, Commissioner Daninger asked if the issue before the Planning and Zoning Commission was to consider a ban on snowmobiles south of 161 5t Avenue, ,." "" CITY of ANDOVER. \ I ING AND ZONING COMMISSION MEETING -SEPTEMBER 28, 1 '9~ MINUTES "-,,," "."'- ." The Regular Bi-Mo order by Chaixperson Crosstown Boulevard y Meeting of the Andover Planning and Zoning Commo sion was called to Squiies on September 28, 1999, 7:00 p,m" at the An over City Hall, 168'5 , Andover, Minnesota. Commissioners present: aynard Apel, Larry Dalien, Dean D din, Bev Jovanovich, and Jay Squires. No City anner, John Hinzman Zoning dministrator, Jeff Johnso Planning tern, Megan Barnett Assistant Cl Engineer, Todd aas Others Douglas FaIk, Mark. Commissioners absent: Also present: APPROVAL OF MINUTES. September 14. 1999 .~ / Motion by Hedin, seconded by Falk, the Mi ayes, O-nays, O-absent vote. PUBLIC HEARING, Continued: EXCESS OF 35 FEET IN HEIG WIRELESS, LLC. 'EClAL USE PERil T (SUP 99-15) - ANTENNA IN - 31xx SOUTH COON 'REEK DRIVE NW - US WEST Zoning Administrator Jeff Jo son stated the Planning and Zoning ommission is requested to accept the withdrawal of the pecial Use Permit application for US West ireless, Inc" to construct a wireless telecommunicaf ns facility on the property located at 31XX Sou Coon Creek Drive, A survey indicated that thi ite was located in a flood plain. US West Wireless, c is in the process of submitting a Special Use Permit appli tion to construct the tower approxi ately 100 feet to the west of the previous site that was selected, He stated staff anticipates this tern will be brought forward to the Planning' and Zoning Co 0 ssion for consideration t the October 12, 1999 Planning and Zoning Commission meeting r a public hearing, " .' Regular Andover Planning and Zoning Commission Meeting Minutes-September 28,1999 Page 3 '\ / Mr, Haas stated designating this area restricted to snowmobiles was simply a suggestion, Commissioner Ape! agreed, adding if a boundary line was to be established, it would be another issue, however, the present consideration is to determine if there is consensus for drawing a line, He commented Mayor McKelvey had indicated that most of the violations occurred north of 161 st A venue, therefore, designating the area to the south would probably not resolve all the problems. Commissioner Hedin inquired if the snowmobile traffic generated in Andover by residents of other cities had been brought forward during the Task Force Committee meeting, Commissioner Apel stated there was discussion regarding this, and there were likely a fair amount of snowmobilers entering Andover from Coon Rapids, at the south end of the City, Commissioner Hedin inquired regarding the restrictions on snowmobiles in the City of Coon Rapids. Mr, Haas stated snowmobiles were not permitted on the city streets or right-of-ways in Coon Rapids, Commissioner Ape! advised snowmobiles were banned entirely in Coon Rapids, Commissioner Hedin inquired regarding the snowmobile restrictions in the city of Blaine. Mr, Haas stated there is a boundary, which separates the city between north and south at Highway 65, He \, explained that snowmobiles are permitted east of Highway 65, and prohibited west of Highway 65. j Commissioner Hedin noted that the cities of Coon Rapids and Blaine, although in closest proximity to the City of Andover, were not included in staffs survey, Motion by Dalien, seconded by Jovanovich, to open the public hearing at 7:10 p,m, Motion carried on a 7-ayes, O-nays, O-absent vote, Chair Squires advised that the issue presently under consideration by the Planning and Zoning Commission was whether or not it would be appropriate to recommend changes to the City's Snowmobile Ordinance which would impact or potentially limit the ability to operate snowmobiles within all or a portion of the City. Ron Sherman, 14560 Drake Street, stated he has been a resident of Andover for 16 years, and has been a snowmobiler all of that time, He stated he obeyed the laws, as 99 percent of the snowmobilers within the City do, and travels the speed limit to the outer part of town to connect to the trails in the adjoining towns. He commented he thought it a shame that some of the snowmobilers do not obey the laws. Mr. Sherman indicated he had recently assisted the Andover Sno-Dragons Snowmobile Club in their efforts to find alternatives to restricting snowmobiles, such as arterial trails exiting the town, He noted the concern he most expressed is that snowmobiles are damaging the streets and asphalt trails, however, he had examined the streets and trails in the City, and with one exception, which appeared \ ) Regular Andover Planning and Zoning Commission Meeting Minutes - September 28, 1999 Page 4 ~) to have occurred over a year ago, he did not find any street damage, He added that the prior year, he did not see any lawn damage as a result of snowmobiles, and for the most part, he saw people attempting to obey the laws, Mr, Sherman stated he would not like to see snowmobiling, which is abused by a minority, be taken away from the majority of the people, who attempt to do their best, and enjoy the sport, He remarked it was easy to draw a boundary line a little further into the City, drive to that point, park, and go, He pointed out, however it was easier to take a walk from your house, rather than drive five or six miles, park your vehicle, and then go for a walk with your wife and family, He added people are boxed up in their houses during the wintertime, and are looking for something to do, He noted the proposal to restrict snowmobiles south of 16151 A venue would make this more difficult, in that these residents would have to drive to a specific location and leave their vehicles, which can "result in the potential damage and theft of vehicles and trailers. He stated he was strongly opposed to changing the current laws, and was willing to work with the City and the Snowmobile Club to help in any way that he could, Doug Brown, 401 166th Avenue NW, President of the Andover Sno-Dragons Snowmobile Club provided the Commission with a list of data compiled by Pete Forsyth, and collected from 25 cities' Police Departments, He commented the city of Plymouth provides a copy of the city's Snowmobile Ordinance to each resident who owns a snowmobile. ,- " \ / Mr, Brown stated the present proposal to prohibit snowmobiles in the southern portion of the City of Andover was not a perfect solution. He noted they had attempted for four or five years to obtain a trail system, and this has never moved forward, He explained, at one time, they were authorized by the Department of Transportation to proceed with approximately two miles of trail along Hanson Boulevard, and had obtained all of the appropriate signage, however, the City had not provided authorization to proceed. He stated the City of Plymouth has trails, and imposes restrictions on the use of snowmobiles, such as specific hours of operation, and if this is what is called for, this is what should be done. He added, however, abolishing the sport in a portion of the City, and another portion in the future, was not the solution. Mr, Brown stated he lived north of 161 51 Avenue, and the present proposal would not substantially impact him, however, the line was five blocks south of his home, and that was why he was present. He agreed that some lawn damage appears when the snow is melted, however, this is not noticeable in June when the grass comes back, Mr, Brown provided the Commission with Andover Sno-Oragon's book of snowmobile related complaints, which are monitored by volunteers. He commented that some of the material contained therein pertains to requests for safety education, as the club provides safety training for 50 to 60 students every year at the Oak View School, and some material pertains to incidents occurring both north and south of 16151 A venue, He stated this information does somewhat concur with Mayor /.- "\ , / Regular Andover Planning and Zoning Commission Meeting Minutes - September 28. 1999 '\ Page 4 / to have occurred over a year ago, he did not find any street damage, He added that the prior year, he did not see any lawn damage as a result of snowmobiles, and for the most part, he saw people attempting to obey the laws. Mr. Sherman stated he would not like to see snowmobiling, which is abused by a minority, be taken away from the majority of the people, who attempt to do their best, and enjoy the sport, He remarked it was easy to draw a boundary line a little further into the City, drive to that point, park, and go, He pointed out, however it was easier to take a walk from your house, rather than drive five or six miles, park your vehicle, and then go for a walk with your wife and family, He added people are boxed up in their houses during the wintertime, and are looking for something to do. He noted the proposal to restrict snowmobiles south of 161" Avenue would make this more difficult, in that these residents would have to drive to a specific location and leave their vehicles, which can 'result in the potential damage and theft of vehicles and trailers, He stated he was strongly opposed to changing the current laws, and was willing to work with the City and the Snowmobile Club to help in any way that he could. Doug Brown, 401 166th Avenue NW, President of the Andover Sno-Dragons Snowmobile Club provided the Commission with a list of data compiled by Pete Forsyth, and collected from 25 cities' Police Departments. He commented the city of Plymouth provides a copy of the city's Snowmobile Ordinance to each resident who owns a snowmobile, " ) Mr. Brown stated the present proposal to prohibit snowmobiles in the southern portion of the City of Andover was not a perfect solution. He noted they had attempted for four or five years to obtain a trail system, and this has never moved forward, He explained, at one time, they were authorized by the Department of Transportation to proceed with approximately two miles of trail along Hanson Boulevard, and had obtained all of the appropriate signage, however, the City had not provided authorization to proceed, He stated the City of Plymouth has trails, and imposes restrictions on the use of snowmobiles, such as specific hours of operation, and if this is what is called for, this is what should be done, He added, however, abolishing the sport in a portion of the City, and another portion in the future, was not the solution, Mr, Brown stated he lived north of 161 51 Avenue, and the present proposal would not substantially impact him, however, the line was five blocks south of his home, and that was why he was present. He agreed that some la\'iO damage appears when the snow is melted, however, this is not noticeable in June when the grass comes back. Mr. Brown provided the Commission with Andover Sno-Dragon's book of snowmobile related complaints, which are monitored by volunteers. He commented that some of the material contained therein pertains to requests for safety education, as the club provides safety training for 50 to 60 students every year at the Oak View School, and some material pertains to incidents occurring both north and south of 161 sl A venue, He stated this information does somewhat concur with Mayor '\ j Regular Andover Planning and Zoning Commission Meeting Minutes - September 28, 1999 Page 5 \ McKelvey's statement regarding the majority of complaints within the northern portion of the City, however, he did not think they had received every complaint, Mr, Brown stated many of the residents of Andover had come to area to get away from the regulations of the larger cities. He commented he did not operate his snowmobile when there was no snow on the ground, and this was true of most snowmobilers, He stated he was not completely aware of the history of the Andover Sno-Dragons Snowmobile Club, however, they had organized at the request of the City Council, in an effort to control snowmobiles within the City, He noted they have constructed snow fence and put up caution tape for different residences. He stated he would not like to see the sport banned anywhere in the City, and he would be willing to work on different restrictions, however, he believed the construction of a trail system would solve many of the problems that currently exist. Chair Squires noted the survey indicated that all of the cities permitted the use of studs, Mr, Brown stated this was correct. Chair Squires inquired if the City's Ordinance addresses the use of studs. Mr. Haas stated the City Ordinance does not restrict the use of studs, however, they are restricted on paved trails pursuant to State statutes, The City Ordinance does not allow any snowmobiles, studded or not, on any of the , \ City's trail system, whether class five or bituminous, or any sidewalks, ,j Mr, Sherman commented that not all snowmobiles utilize studs, which provide for greater traction and easier stopping, and there was a difference between sitting on a street, and spinning the tracks of a snowmobile, which may cause some damage. He advised that simply having studs does not indicate the operator is attempting to damage the streets, Commissioner Jovanovich inquired if there were currently any restrictions pertaining to driving snowmobiles on City streets, Mr, Haas stated as the Ordinance is written, snowmobiles are allowed to drive on the very right hand portion of the roadway, next to the curb, and ifthere is no curb, then the shoulder of the roadway, or in a grassy area, Snowmobiles are permitted on the boulevard of County roads, or in the ditch, however, not in the roadway anywhere. Commissioner Jovanovich inquired if other communities restricted snowmobiles in their city streets, Mr. Brown stated he was uncertain regarding the specific restrictions, however, they are reflected in the cities' respective ordinances, Mr. Haas added that snowmobiles are allowed on the City streets of Andover to provide they can access the County roads and trail system, Commissioner Falk inquired regarding the location of the trail system within the City of Andover. Mr. Brown stated at one time, the trail system intersected at Crosstown and Round Lake Boulevard, and ran through Kelsey Park, however, it currently runs from Round Lake Boulevards to Crosstown Boulevard, then stops, He explained they were not able to construct a bridge at the intersection, as "\ ) Regular Andover Planning and Zoning Commission Meeting Minutes-September 28,1999 Page 6 ~ '\ J the Parks and Recreation Commission was constructing a trail in that location, however, he did not understand why they could not co-exist. Pete Forsyth, 2140 175lh Lane stated that during the collection of data for the list which was provided to the Commission, he had asked whether or not the cities allow snowmobiling, and if they imposed any restrictions. He stated the research indicates most of the cities do have some restrictions, He indicated his chief concern with regard to this issue was the possible banning of studs or traction control products, which he believed, could subject the City of Andover to great liabilities in regard to safety, He requested the Commission seriously consider this issue, Mr, Forsyth commented he was very impressed with the city of Plymouth, in terms of its Snowmobile Ordinance, adding that it appears their Council works with the people, rather than against them. He stated he lived quite a distance north of the proposed boundary line, however, he was concerned that the line would continue to be extended further northward every year. Willis Langfeld, 2207 161't Avenue NW, stated he has lived in the City for 25 years, He commented that as the years have passed, the snowmobile traffic has become worse, He stated he had constructed a new development the prior year, with asphalt streets and driveways, He requested the Commission examine the areas of the asphalt, which have been damaged by snowmobile studs. He noted this did not only affect the asphalt, but also the new seeding he had planted, regardless of the signs he posted, which were quite expensive, He remarked that the signs themselves were run over, He stated he had confronted the snowmobilers who had done this damage, and they had expressed a lack of concern, therefore, he put up caution tape to attempt to protect the seeding, and again, the snowmobilers drove right through it. He stated his new seeding never came up in the spring, and he had to re-sod, which was very expensive, / '\ / Mr, Langfeld stated he was aware of the cost to the homeowner in terms of the damage the studs cause to the roads, and, in his opinion, snowmobiles should be banned completely, Mr, Langfell commented that during the survey of his property, he had found that all of the survey stakes had been broken off, and again, confronted the snowmobilers, via their license plate numbers, however, they did not acknowledge they had done this damage. He reiterated he would like to see snowmobiles banned in Andover, as they cause much damage, Jeff Williams, 3300 154'h Lane, stated he lived right off of Round Lake Boulevard, and had only lived in the area for a couple of years, He stated he would like a brief review of how this issue had come to the point of considering a ban, He inquired if there were many similar complaints from the residents who live along the thorough ways, and inquired if it was possible to consider other governmental funding of the trails, He reiterated he was not fully aware of the entire history of the City's snowmobile issue. r,\ , ) Regular Andover Planning and Zoning Commission Meeting Minutes - September 28. 1999 Page 6 \ i the Parks and Recreation Commission was constructing a trail in that location, however, he did not understand why they could not co-exist. Pete Forsyth, 2140 175th Lane stated that during the collection of data for the list which was provided to the Commission, he had asked whether or not the cities allow snowmobiling, and if they imposed any restrictions. He stated the research indicates most of the cities do have some restrictions, He indicated his chief concern with regard to this issue was the possible banning of studs or traction control products, which he believed, could subject the City of Andover to great liabilities in regard to safety, He requested the Commission seriously consider this issue. Mr. Forsyth commented he was very impressed with the city of Plymouth, in terms of its Snowmobile Ordinance, adding that it appears their Council works with the people, rather than against them. He stated he lived quite a distance north of the proposed boundary line, however, he was concerned that the line would continue to be extended further northward every year. \ ) Willis Langfeld, 2207 161 51 Avenue NW, stated he has lived in the City for 25 years. He commented that as the years have passed, the snowmobile traffic has become worse, He stated he had constructed a new development the prior year, with asphalt streets and driveways. He requested the Commission examine the areas of the asphalt, which have been damaged by snowmobile studs, He noted this did not only affect the asphalt, but also the new seeding he had planted, regardless of the signs he posted, which were quite expensive. He remarked that the signs themselves were run over. He stated he had confronted the snowmobilers who had done this damage, and they had expressed a lack of concern, therefore, he put up caution tape to attempt to protect the seeding, and again, the snowmobilers drove right through it. He stated his new seeding never came up in the spring, and he had to re-sod, which was very expensive. Mr. Langfeld stated he was aware of the cost to the homeowner in terms of the damage the studs cause to the roads, and, in his opinion, snowmobiles should be banned completely, Mr. Langfell commented that during the survey of his property, he had found that all of the survey stakes had been broken off, and again, confronted the snowmobilers, via their license plate numbers, however, they did not acknowledge they had done this damage, He reiterated he would like to see snowmobiles banned in Andover, as they cause much damage. Jeff Williams, 3300 1541h Lane, stated he lived right off of Round Lake Boulevard, and had only lived in the area for a couple of years. He stated he would like a brief review of how this issue had come to the point of considering a ban. He inquired if there were many similar complaints from the residents who live along the thorough ways, and inquired if it was possible to consider other governmental funding of the trails, He reiterated he was not fully aware of the entire history of the City's snowmobile issue. "- / Regular Andover Planning and Zoning Commission Meeting Minutes - September 28, 1999 Page 7 Mr. Williams commented he and his family had moved to Andover two years ago from Mounds View. He stated they enjoyed living in Mounds View, however, they had wanted more freedom, and were very impressed with the school system in Andover, and had many other reasons to stay in the area for many years, He remarked that he would advise against impeding the freedoms in the area with more regulations, unless it is truly necessary to do so, He stated he did not know if this was possible, however, inquired if it might be possible to conduct impact studies, and research the possibility of building trails. He added that he would be glad to devote his time to this type of research, which would appear to make more sense than to impose rules, which might be arbitrary. He commented it did not appear that there had been much objective analysis of the issue, Commissioner Apel stated Mr. Williams was entitled to his perceptions, and this depends upon whether you are a landowner who is being abused, or whether you are a snowmobiler who enjoysthe sport of snowmobiling, He stated there was a different perception on behalf of both parties, Mr, Williams stated he was in both of these categories, Commissioner Apel stated this particular problem has been with the City for 15 years, and it is discussed every year, during which time, the same basic issues are brought forward, He stated the landowners want snowmobiles banned and the snowmobilers want their sport, He stated the conflict of land use, between the owners of land and those who use it, would not disappear, whether in regard to snowmobiling, hunting, or the like. \ ) Mr, Williams inquired how other communities resolve these issues, Commissioner Apel stated when they are pushed into a comer they generally institute a ban, He stated the City of Andover has not banned the sport at this point, and he was hoping they would not have to, however, that is the conflict that remains, and it will probably eventually be addressed through prohibition, He explained that as communities develop and concentrate their population, they restrict. He stated he did not like this, however, the purpose of government was to restrict those freedoms, if they believe it is better for the whole, He added, in regard to snowmobiles, it would be impossible to make all concerned parties happy, however, there had been much time and thought devoted to this issue, as well as to the funding of trails, Mr, Williams stated he attempted to find information pertaining to this issue, however, he had not been able to. Commissioner Apel referred Mr. Williams to the minutes of the pertinent meetings. Mr. Williams inquired if an impact study could be performed. Commissioner Apel stated a thorough analysis of the issue has been made, and unless there is some major source of funding that will provide the money to construct trails, this is not a viable possibility, He added that even if there was funding available, there are additional conflicts with regard to the Department of Natural Resources, Department ofFish and Wildlife, and Anoka County, and it is not an easy situation to resolve, "- ) / Mr, Williams stated this appeared to be a somewhat subjective position. Chair Squires stated it mil;;t not be possible to deal with a situation like this in a completely objective fashion, He explained l1,-;t Regular Andover Planning and Zoning Commission Meeting Minutes - September 28, 1999 Page 8 ( \ / some problems do not lend themselves well to a solution that is only objective in nature, Mr. Williams stated he could see this point, and could agree with it. Dave Blackstad, Chair of the Parks and Recreation Commission stated that body was recommending the City move forward with the Sheriffs ban to prohibit snowmobiles south of 161'1 Avenue. He stated they had spent hundreds of thousands of dollars on the trails along Hanson Boulevard, and Kelsey and Round Lake Park, and snowmobiles cause damage to the trails. He commented that the residents have paid for those trails, and inquired why a few should ruin them. Mr. Blackstad stated the current Snowmobile Ordinance with the "no fly" zone on Round Lake Boulevard, is not working, He remarked that the last two winters, the City looked like a "war zone" with the tape and barricades on some of the main County roads, City streets, and in attempts to prevent snowmobilers from going up into people's driveways, He stated this saddened him, He advised that if the Sno-Dragons or snowmobilers in general, had listened to and abided by the rules. and regulations, the current discussion would not be necessary, He stated it was a few snowmobilers who had ruined it for the entire group, and someday, they will be looking at a complete ban throughout the City. He added if the City bans snowmobiling south of 161" Avenue, and the snowmobilers don't adhere to those regulations, that day would come sooner, Chair Squires asked if the Parks and Recreation Commission has observed or compiled information regarding the damage caused by snowmobiles that has occurred to date, Mr. Blackstad stated a very good example was within the parking lot of the Oak View School, which occurred during the first year they opened up the trails, He explained the trail located at the parking lot entrance is quite damaged, He noted they see more damage from the carbide wear rods on the sleds, than from the studs, He explained that the wear rods have dug into the curves along Hanson Boulevard, and have grooved the trails, He advised that this damage, in addition to the freeze and frost present in Minnesota, reduce the lifespan of the trails, He noted they had posted "no snowmobiling" signs on the trails, and he had personally stopped three snowmobilers the prior year, who were driving right down the paved trail along Hanson Boulevard, He explained that all the signs and postings, if not adhered to are meaningless. ( '\ Mr, Blackstead agreed it is a few people who are spoiling for the rest of the snowmobilers, He inquired, however, how much damage must they do, before the City stops them, and how many more barricades will have to go up on the County roads. He remarked that snowmobiles were not permitted on Round Lake Boulevard south of Coon Creek, however, they drive there consistently. Rick Ericson, 15017 Bluebird Street, inquired what attempts have' been made to determine what other cities, more urbanized than the City of Andover, have done to prevent damage to their trails and allow the sport to continue, He stated the cities of Brooklyn Park, Champlin, Maple Grove, and Osseo all permit snowmobiling within their cities, /\ '. / Regular Andover Planning and Zoning Commission i\leeting Minutes - September 28. 1999 Page 8 .. some problems do not lend themselves well to a solution that is only objective in nature, Mr. Williams stated he could see this point, and could agree with it. Dave Blackstad, Chair of the Parks and Recreation Commission stated that body was recommending the City move forward with the Sheriff's ban to prohibit snowmobiles south of 161'1 Avenue. He stated they had spent hundreds of thousands of dollars on the trails along Hanson Boulevard, and Kelsey and Round Lake Park, and snowmobiles cause damage to the trails, He commented that the residents have paid for those trails, and inquired why a few should ruin them. Mr. Blackstad stated the current Snowmobile Ordinance with the "no fly" zone on Round Lake Boulevard, is not working. He remarked that the last two winters, the City looked like a "war zone" with the tape and barricades on some of the main County roads, City streets, and in attempts to prevent snowmobilers from going up into people's driveways, He stated this saddened him. He advised that if the Sno-Dragons or snowmobilers in general, had listened to and abided by the rules and regulations, the current discussion would not be necessary, He stated it was a few snowmobilers who had ruined it for the entire group, and someday, they will be looking at a complete ban throughout the City. He added if the City bans snowmobiling south of 161 st Avenue, and the snowmobilers don't adhere to those regulations, that day would come sooner. \ I Chair Squires asked if the Parks and Recreation Commission has observed or compiled information regarding the damage caused by snowmobiles that has occurred to date. Mr, Blackstad stated a very good example was within the parking lot of the Oak View School, which occurred during the first year they opened up the trails, He explained the trail located at the parking lot entrance is quite damaged, He noted they see more damage from the carbide wear rods on the sleds, than from the studs, He explained that the wear rods have dug into the curves along Hanson Boulevard, and have grooved the trails. He advised that this damage, in addition to the freeze and frost present in Minnesota, reduce the lifespan of the trails. He noted they had posted "no snowmobiling" signs on the trails, and he had personally stopped three snowmobilers the prior year, who were driving right down the paved trail along Hanson Boulevard, He explained that all the signs and postings,if not adhered to are meaningless. Mr. Blackstead agreed it is a few people who are spoiling for the rest of the snowmobilers, He inquired, however, how much damage must they do, before the City stops them, and how many more barricades will have to go up on the County roads. He remarked that snowmobiles were not permitted on Round Lake Boulevard south of Coon Creek, however, they drive there consistently, Rick Ericson, 15017 Bluebird Street, inquired what attempts have' been made to determine what other cities, more urbanized than the City of Andover, have done to prevent damage to their trails and allow the sport to continue, He stated the cities of Brooklyn Park, Champlin, Maple Grove, and Osseo all permit snowmobiling within their cities. Regular Andover Planning and Zoning Commission Meeting Minutes-September 28,1999 Page 9 " , Mr, Ericson commented he has been a member of the Andover Sno-Dragons organization for five years, and has served on the Task Force as well. He noted it appeared the City has not taken any responsibility to determine what can be done to continue snowmobiling. He explained that when it appeared the City was going to ban the sport, they requested the snowmobile club to research alternatives, He requested rather than putting the sole responsibility on the snowmobile club, they work together to see what could be done to allow snowmobiling to continue. Mr, Ericson commented he lived across from City Hall, and every year, young people drive through the neighborhood yards with their cars, knocking down shrubs and trees, and ruining their lawns. He inquired if they were going to ban teenagers from driving cars, He added that no matter what the consideration, there is always going to be some problem, and there are a few "bad apples" in every group, however, this should not result in a ban that would affect the entire group of 1,400 registered snowmobilers in Andover, He stated the Sno-Dragons Club and Mayor McKelvey, who has been a very active supporter of the snowmobilers, were willing to attempt to find other solutions. Mr, Ericson commented that Round Lake Boulevard utilizes a very clear boundary, which prohibits snowmobiling, yet this has not stopped the problem, and he doubted that drawing the line at 16151 Avenue would stop the problem either, and would ultimately result in additional problems. He inquired what the City has done to encourage the assistance and cooperation of all concerned, Mr. Ericson stated he had served on the Snowmobile Task Force for two years, He commented that a member of the Task Force was resident who lived on Round Lake Boulevard, who was not in favor of snowmobiling, and the lines were drawn at that level. He stated there had not been enough effort to determine if anything can be done to allow snowmobiling to continue. Mayor McKelvey stated he has never been on a snowmobile in his life, He remarked he had nothing against snowmobiles, however, he had never ridden on one, He commented the City of Andover, over the 15 years this issue has been present, has "dropped the ball" in terns of setting up. any trails for the City of Andover, He noted that he had attempted to work with the snowmobile club during the last few years, in this regard, Mayor McKelvey advised that the City Ordinance indicates snowmobilers may ride along the side of the road to get to the trails, from any neighborhood, He suggested they institute a restrictive speed limit, construct trails, and let the sport continue, He clarified if the City had spent one-tenth the money it has put towards walking and running trails over the years, on snowmobile trails they would have one of the best trail systems in the State, He explained, however, this is not the case, and the City has never taken the initiative to do this. He pointed out that some cities have done this, and have provided trails which can be accessed from the neighborhoods, and restricted the speed limit to 10 miles per hour to those trails, Mayor McKelvey noted over the last couple of years, there has been tape along old Crosstown Boulevard towards the Total Mart store, and he had suggested the City allow snowmobilers to ride Regular Andover Planning and Zoning Commission Meeting Minutes - September 28, 1999 Page 10 r '\ through the swamp on the opposite side, to prevent them having to go through the resident's yards. He stated he has been informed this is City property, and therefore, the snowmobilers can not ride upon it. He stated the snowmobilers have no way to get to Crosstown Boulevard, except to go across those people's yards, and the tapes and barricades utilized by the residents in that area made it appear like a warzone, He pointed out it would have been just a simple to allow the snowmobilers to ride along the other side, on the City's property, and not infringe upon the residents, Mayor McKelvey stated the City has not taken any initiative to make trails safe, and to put restrictions on travelling to those trails, He commented, if this was done, there could be enforcement within the neighborhoods and the snowmobilers could still get out and go to the trails. He inquired why they should take the pleasure of snowmobiling away from the 1,400 people who own snowmobiles in the City of Andover. Mayor McKelvey requested the Commission drive through the side streets of the developments in the city of Coon Rapids, on any afternoon, He explained he had driven school bus through this area every day, and he was aware, that every day snowmobiles zip up and down their streets, however, the sport is banned in Coon Rapids, He added that snowmobiles have been banned from Round Lake Boulevard, and yet they are still there, He pointed out that banning them south of 161 51 Avenue would not keep them from operating in this location either, - -\ Mayor McKelvey stated they should work with the snowmobilers, provide some trails, and enforce the restrictions, which would allow everyone the opportunity to enjoy the sport they like, He inquired why the person who wants to run along the blacktop trail across the lake be able to do so summer and winter, because they keep it plowed, and yet the snowmobiler, who spends much more on his sport, is prohibited. He did not see a reason for this, when they could work together to find a solution, Mayor McKelvey stated many snowmobilers load their sleds onto a trailer and take them up north, however, there are times when relatives visit, and a child wants to go for a snowmobile ri.de. He stated a child would not care if he was travelling five or fifty miles an hour, he would simply be happy to ride on a snowmobile, He advised that there should be restrictions in the busier areas, however, he could not see completely banning the sport, He added that banning it to 161'1 Avenue would just mean the person who lives south of that line, would have to go a lot faster on his snowmobile to get to 161 51 Avenue before a squad car sees him. He stated the Commission was aware that this happens, and he had seen this himself, in the cities that have banned snowmobiles, He explained that banning snowmobiles would not make the sport go away, Mayor McKelvey stated he had almost had the trails set up to travel all the way across town to Hanson Boulevard, however, the Parks and Recreation Commission decided this might make a good walking trail and constructed that instead. He commented the snowmobilers thereby lost the opportunity for a trail that would travel east and west. He believed they could construct a trail across Hanson Boulevard before that area is further developed, -', J Regular Andover Planning and Zoning Commission Meeting Minutes - September 28, 1999 '\ Page 10 through the swamp on the opposite side, to prevent them having to go through the resident's yards. He stated he has been informed this is City property, and therefore, the snowmobilers can not ride upon it. He stated the snowmobilers have no way to get to Crosstown Boulevard, except to go across those people's yards, and the tapes and barricades utilized by the residents in that area made it appear like a warzone. He pointed out it would have been just a simple to allow the snowmobilers to ride along the other side, on the City's property, and not infringe upon the residents. Mayor McKelvey stated the City has not taken any initiative to make trails safe, and to put restrictions on travelling to those trails, He commented, if this was done, there could be enforcement within the neighborhoods and the snowmobilers could still get out and go to the trails, He inquired why they should take the pleasure of snowmobiling away from the 1,400 people who own snowmobiles in the City of Andover. Mayor McKelvey requested the Commission drive through the side streets of the developments in the city of Coon Rapids, on any afternoon. He explained he had driven school bus through this area every day, and he was aware, that every day snowmobiles zip up and down their streets, however, the sport is banned in Coon Rapids, He added that snowmobiles have been banned from Round Lake Boulevard, and yet they are still there, He pointed out that banning them south of 161st Avenue would not keep them from operating in this location either. . , / Mayor McKelvey stated they should work with the snowmobilers, provide some trails, and enforce the restrictions, which would allow everyone the opportunity to enjoy the sport they like. He inquired why the person who wants to run along the blacktop trail across the lake be able to do so summer and winter, because they keep it plowed, and yet the snowmobiler, who spends much more on his sport, is prohibited. He did not see a reason for this, when they could work together to find a solution, Mayor McKelvey stated many snowmobilers load their sleds onto a trailer and take them up north, however, there are times when relatives visit, and a child wants to go for a snowmobile ride, He stated a child would not care if he was travelling five or fifty miles an hour, he would simply be happy to ride on a snowmobile, He advised that there should be restrictions in the busier areas, however, he could not see completely banning the sport, He added that banning it to 161st Avenue would just mean the person who lives south of that line, would have to go a lot faster on his snowmobile to get to 161 sl Avenue before a squad car sees him. He stated the Commission was aware that this happens, and he had seen this himself, in the cities that have banned snowmobiles, He explained that banning snowmobiles would not make the sport go a~ay. '\ ) Mayor McKelvey stated he had almost had the trails set up to travel all the way across town to Hanson Boulevard, however, the Parks and Recreation Commission decided this might make a good walking trail and constructed that instead. He commented the snowmobilers thereby lost the opportunity for a trail that would travel east and west. He believed they could construct a trail across Hanson Boulevard before that area is further developed. Regular Andover Planning and Zoning Commission Meeting Minutes - September 28. 1999 Page 11 . " I Mayor McKelvey stated he engendered the assistance of the Snowmobile Task Force because he believed things could be done to establish trails, and keep the sport active in Andover, as well as keeping the snowmobiles off of the residents' yards, He reiterated the City should allow snowmobiles to ride on City property, which would prevent the need for tapes and barricades. He noted that with the exception of two residents, who expressed complaints with nearly every snowfall, the majority of calls he received concerning snowmobile violations occurred north of 161 51 Avenue. He commented the City has been developed to the point that it is necessary to place restrictions on how snowmobiles are allowed to operate in the southern portion of the City, however, not to ban them completely. He added he would not like to see an entire sport banned without at least attempting cooperate to solve the problem, Derrick Souser, 2711 176th Avenue stated he had moved to Andover one year ago, and was a snowmobiler. He commented one of the reasons he moved to Andover was because he could come home from work, get on his snowmobile, get in the ditch and go for a nice ride with his son. He agreed there had to be some restrictions on the snowmobiles riding in the southern part of the City, however, he did not believe they should be banned, He stated they should attempt to work together to see ifthey can find a solution, , Mr. Souser agreed the tape and barricades on Round Lake Boulevard were unsightly, He stated they should be allowed to ride on the City property, He commented he had been a snowmobiler for 25 years, and after moving to Andover, he realized there were really no trails, although the area is primarily comprised of open property, He stated it would be nice to be able to connect to trails by which they could ride to Duluth or Wisconsin, ) Mr, Souser stated he had lived in the city of Plymouth, and most recently in New Hope, He commented that snowmobiling was permitted in Plymouth, Medina, and other cities, but with restrictions, He stated he did not believe they should ban the entire sport because of a few "bad apples," and requested they work together to attempt to determine an acceptable alternative, Terry Shaw, 4191 152nd Avenue, stated he lived in the area in which snowmobiles would be banned. He commented he had lived in this area for 15 years, and has been a snowmobiler for 35 years, He stated this was not a crowded area, comprised of approximately 2,5 acres, and in the 15 years he has lived there, he has only occasionally seen a snowmobile track across someone's yard, and does not perceive this to be a major problem. Mr. Shaw requested the Commission drive through his neighborhood. He stated all of his neighbors have a snowmobile in their garage, and he could not understand why there were not more people present. He stated there were no trails out of the City, and the Chair of the Parks and Recreation Commission had indicated they were spending thousands of dollars on trails. He inquired why they " could not apply a small amount of this money to a snowmobile trail, which would assist in resolving J Regular Andover Planning and Zoning Commission Meeting Minutes - September 28, 1999 Page 12 ,,-,\ . / the current problems, He stated in all of the years he has been a snowmobiler, he has never knowingly done damage to anything, nor has anyone he knows, Phil Johnson, resident of Coon Rapids, stated he sat on the Board of Directors for the Andover Sno- Dragons, and was employed by Bituminous Roadways, the company that constructed the parking lot next to the City Hall. He noted conflicting ideas regarding traction products, studs, and carbide runners causing damage to the asphalt. He explained the sleds that cause skid marks in the pavement utilize studs an eighth of an inch long, which hang over the rubber tread on the track, however, the minimum amount of asphalt he has ever seen placed on any trail within the entire seven county Metropolitan area, has been two inches in depth. He added the carbide runners are between an eighth to a quarter inch of carbide, He commented he was concerned whenever he had to cross a gravel road with his sleds, and he owns six of them, He stated he did not believe a person who owns a snowmobile and has to maintain it and would spend up to $11 0 for his sled for safety reasons, and then risk damaging it. He stated his wife would not ride a snowmobile without carbide studs, and she is certainly not a "hotrodder," He commented that he, his wife, and all of his sons ride snowmobiles, and they have lived in the area since 1962. He stated he had seen snowmobiling come and go in Coon Rapids. He added he lived on Foley and Highway 10 in Coon Rapids, and was aware that people snowmobile in the ditches there as well, and that the problem was not going to go away, '\ Mr. Johnson stated the reason he had gotten involved with the Sno-Dragons in Andover was because it was close to his home in Coon Rapids, he could trailer his sleds, drop them off at a larger parking lot, and then ride around the different areas in the City, He thought the City would want to work with the snowmobilers, He stated there was no one with a snowmobile that wanted to ride on an asphalt trail, as it damages the sled, and can lead to costly repairs, He stated the City would seal-coat their streets, which should be done every year, unless they are two years old and require seal coating every five to seven years, He explained the studs could only cause up to a quarter of an inch gouge anywhere. Mr, Johnson stated there was minimal snow coverage during the past three years, however, in a year with good snow cover, the problems with the grass and the asphalt would not occur, He commented he had ridden on the Snow Patrol, worked with the Sheriffs Department over the past three years, and had taken the complaint book home with him and answered some of the calls personally, because he wanted to see the sport continue in Andover. He stated he would not like to see it further restricted. He stated they could work together to resolve the issues, Doug Carlos, 4250 152nd Avenue NW, from Duluth, by way of Brooklyn Park, both cities in which snowmobiles were permitted everywhere, with many restrictions, He commented that if the rules and restrictions are enforced, the problems will decrease. Mr, Carlos stated he had only lived in Andover for a year, having moved from Brooklyn Park, where : ') the snowmobiling was great. He thought it would be even better upon moving further north, and it Regular Andover Planning and Zoning Commission }..{eeting Minutes - September 28, 1999 Page 12 \ ./ the current problems. He stated in all of the years he has been a snowmobiler, he has never knowingly done damage to anything, nor has anyone he knows. Phil Johnson, resident of Coon Rapids, stated he sat on the Board of Directors for the Andover Sno- Dragons, and was employed by Bituminous Roadways, the company that constructed the parking lot next to the City Hall. He noted conflicting ideas regarding traction products, studs, and carbide runners causing damage to the asphalt. He explained the sleds that cause skid marks in the pavement utilize studs an eighth of an inch long, which hang over the rubber tread on the track, however, the minimum amount of asphalt he has ever seen placed on any trail within the entire seven county Metropolitan area, has been two inches in depth. He added the carbide runners are between an eighth to a quarter inch of carbide. He commented he was concerned whenever he had to. cross a gravel road with his sleds, and he owns six of them, He stated he did not believe a person who owns a snowmobile and has to maintain it and would spend up to $11 0 for his sled for safety reasons, and then risk damaging it. He stated his wife would not ride a snowmobile without carbide studs, and she is certainly not a "hotrodder." He commented that he, his wife, and all of his sons ride snowmobiles, and they have lived in the area since 1962. He stated he had seen snowmobiling come and go in Coon Rapids. He added he lived on Foley and Highway 10 in Coon Rapids, and was aware that people snowmobile in the ditches there as well, and that the problem was not going to go away. " ) Mr, Johnson stated the reason he had gotten involved with the Sno-Dragons in Andover was because it was close to his home in Coon Rapids, he could trailer his sleds, drop them off at a larger parking lot, and then ride around the different areas in the City, He thought the City would want to work with the snowmobilers. He stated there was no one with a snowmobile that wanted to ride on an asphalt trail, as it damages the sled, and can lead to costly repairs. He stated the City would seal-coat their streets. which should be done every year, unless they are two years old and require seal coating every five to seven years. He explained the studs could only cause up to a quarter of an inch gouge anywhere, Mr, Johnson stated there was minimal snow coverage during the past three years, however, in a year with good snow cover, the problems with the grass and the asphalt would not occur. He commented he had ridden on the Snow Patrol, worked with the Sheriffs Department over the past three years, and had taken the complaint book home with him and answered some of the calls personally. because he wanted to see the sport continue in Andover, He stated he would not like to see it further restricted. He stated they could work together to resolve the issues, Doug Carlos. 4250 152nd Avenue NW, from Duluth, by way of Brooklyn Park, both cities in which snowmobiles were permitted everywhere, with many restrictions, He commented that if the rules and restrictions are enforced, the problems will decrease, '\ Mr. Carlos stated he had only lived in Andover for a year, having moved from Brooklyn Park, where / the snowmobiling was great. He thought it would be even better upon moving further north, and it Regular Andover Planning and Zoning Commission Meeting Minutes-September 28,1999 Page 13 '\ / had been the previous year, however, it appears it will soon become worse. He stated if the line is drawn as indicated, his property will be affected, and this is discouraging because his entire family enjoys the sport. He commented that he does the majority of his snowmobiling in the northern part of the State, however, around the holidays, it was very nice to be able to take his relatives out for a ride, Mr, Carlos advised that drawing a line at 161 51 Avenue would not stop the problem, He thought they needed more enforcement, and work together to resolve the problems. He added, with enforcement in the areas where the problem occurs, sooner or later, the "bad apples" would get the message, and if not, the penalties should be severe. He stated the repeat offenders were the ones that were hurting the sport. Chair Squires requested Sergeant Longbin of the Anoka County Sheriffs Department provide a brief overview of the nature of the problems that, as an enforcement agency they have seen, and what the position of the Sheriffs Department is. Sergeant Longbin, Anoka County Sheriffs Department clarified that the Sheriffs Department does not make a ban, they simply enforce the rules that are in place, He stated he had seen many things from underage people operating snowmobiles, riding over yards, running over trees and grass, drunk \ drivers on snowmobiles, noise complaints, and riding at 4:00 in the morning, to people actually ) being killed, and a problem does exist. He stated this was an emotional issue in the aspect of landowners versus snowmobilers, Sergeant Longbin stated he had supervised the Snow Patrol the prior year, and they had attempted to be creative with saturation patrols, and paying overtime to patrol at peak complaint times, He supervised the volunteers who dedicate their time to patrol at no cost, and they are going to continue that endeavor to be creative and to enforce the rules, Sergeant Longbin commented that a comparison of snowmobilers to teenagers driving cars was not a fair or logical. He stated there are rules against teenagers driving across yards, and they enforce those rules whenever they can, however, they can't be everywhere all of the time, He stated snowmobile restrictions were difficult to enforce from a car, therefore, they also utilize snowmobiles and all terrain vehicles for enforcement purposes. Chair Squires inquired if the Sheriffs Department had received snowmobile related complaints directly. Sergeant Longbin stated this was correct, through dispatch. He added that most people call the 911 operator. Chair Squires requested Sergeant Longbin provide an estimate of how many calls they receive in a typical time period during the snowmobile season, Sergeant Longbin stated the calls would be proportionate to the snowfall, and during a particularly heavy snowfall, they may receive 15 to 20 calls in the City of Andover, / Regular Andover Planning and Zoning Commission Meeting Minutes - September 28. 1999 Page 14 t' "\ I Chair Squires noted discussion pertaining to the south half of the City, versus the north half, and dividing the designated snowmobile area at 161'1 Avenue, He requested Sergeant Longbin provide his perception of where the majority of problems occur, relative to that line. Sergeant Longbin stated his perception is that wherever they have restrictions, the majority of complaints will be received, He explained when there are restrictions, people are aware that rules are being broken, and therefore call to report this, Chair Squires inquired if Sergeant Longbin believed the Sheriffs Department would benefit by an area that completely prohibits snowmobiles. Sergeant Longbin stated he believed they would need restrictions, however, he was not certain that banning snowmobiles was the perfect answer. He advised there should be a balance, and they would probably have to create a designated area with restrictions, which could alleviate many of the problems. Commissioner Dalien inquired if the designated area would be a roadway on which they are permitted to ride to travel from their areas to trails. Sergeant Longbin stated trails to connect to other trails would be helpful. He explained, as the City and community grows, snowmobiling will be squeezed out, however, if they have a trail, a resource to get to the areas where they want to snowmobile he thought that would be helpful. He stated he did not think the people of Andover wanted to ride their snowmobiles in their neighborhood, but would rather get to the trails so that they can go for a nice ride. r "\ / Commissioner Dalien asked where the closest state trails were located, Sergeant Longbin stated the large corridor was proposed to be in Ham Lake, along Highway 65, heading north and east. He added that snowmobiling to Duluth was a possibility, He commented the last three years have been difficult, due to the minimal snowfall, and this may have somewhat magnified the problems, Commissioner Falk inquired if there were any trails from Ham Lake that stopped at Andover, by which the City could connect to the designated trails. Mr, Johnson stated there were trails at Highway 65, and County Road 22, Chair Squires inquired if these were State trails. Mr, Johnson stated they were, Commissioner Daninger inquired if the proposal to prohibit snowmobiles south of 161 st Avenue would be easier for enforcement purposes, Sergeant Longbin stated it would, He explained he would not have to stop and consider whether or not a snowmobile 'was allowed to be in a specific place at a specific time, Pete Luslig, 2140 175th Lane, advised the state of Minnesota has overturned their ban on traction control products. He stated that if you currently utilize these devices on your snowmobile, you are " '\ required to pay a $15 fee per season, and that money is available for the City of Andover and other ) Regular Andover Planning and Zoning Commission Meeting Minutes-September 28.1999 Page 14 / Chair Squires noted discussion pertaining to the south half of the City, versus the north half, and dividing the designated snowmobile area at 16151 Avenue, He requested Sergeant Longbin provide his perception of where the majority of problems occur, relative to that line. Sergeant Longbin stated his perception is that wherever they have restrictions, the majority of complaints will be received. He explained when there are restrictions, people are aware that rules are being broken, and therefore call to report this. Chair Squires inquired if Sergeant Longbin believed the Sheriffs Department would benefit by an area that completely prohibits snowmobiles, Sergeant Longbin stated he believed they would need restrictions, however, he was not certain that banning snowmobiles was the perfect answer. . He advised there should be a balance, and they would probably have to create a designated area with restrictions, which could alleviate many of the problems, / Commissioner Dalien inquired if the designated area would be a roadway on which they are permitted to ride to travel from their areas to trails. Sergeant Longbin stated trails to connect to other trails would be helpful. He explained, as the City and community grows, snowmobiling will be squeezed out, however, if they have a trail, a resource to get to the areas where they want to snowmobile he thought that would be helpful. He stated he did not think the people of Andover wanted to ride their snowmobiles in their neighborhood, but would rather get to the trails so that they can go for a nice ride, Commissioner Dalien asked where the closest state trails were located, Sergeant Longbin stated the large corridor was proposed to be in Ham Lake, along Highway 65, heading north and east. He added that snowmobiling to Duluth "vas a possibility. He commented the last three years have been difficult, due to the minimal snowfall, and this may have somewhat magnified the problems. Commissioner Falk inquired if there were any trails from Ham Lake that stopped at Andover, by which the City could connect to the designated trails, Mr, Johnson stated there were trails at Highway 65, and County Road 22. Chair Squires inquired if these were State trails, Mr, Johnson stated they were. Commissioner Daninger inquired if the proposal to prohibit snowmobiles south of 161 st Avenue would be easier for enforcement purposes, Sergeant Longbin stated it would, He explained he would not have to stop and consider whether or not a snowmobile Was allowed to be in a specific place at a specific time, Pete Luslig, 2140 175'h Lane, advised the state of Minnesota has overturned their ban on traction . '\ control products, He stated that if you currently utilize these devices on your snowmobile, you are / required to pay a $15 fee per season, and that money is available for the City of Andover and other Regular Andover Planning and Zoning Commission Meeting Minutes - September 28, 1999 Page 15 J cities, to use for the repair of current damage to their trails, He stated there was presently five million dollars set aside for these purposes, and more coming daily, as people renew their licenses, Mr. Luslig provided the Commission with a copy of the study that overturned the ban in the State of Minnesota. for their review, He stated at present, and in certain situations, a snowmobile that utilizes traction control products can stop seven times faster than without. He stated these products also aid in steering and maneuvering. Mr, Langfell advised the State of Minnesota had outlawed studs on tires, because they cause damage to the roads, He stated this was also true of snowmobiles, and there was no question that they do damage to the roads, He stated the snowmobile problem continues to grow and worsen, and he believes they should make it easier for law enforcement to enforce the law, He stated that if they ban the snowmobiles from 161" Avenue, south, they are taking the responsibility from the residents in the southern portion of the City, and moving them to the north side, He reiterated that snowmobiles should be banned completely, ,-) Mr, Lus1ig stated he had attended the Snowmobile Task Force was meeting, and had asked, in light of the wide boulevards, why they could not construct a trail along Hanson Boulevard, He was informed that the Sheriffs Department had indicated they could not do this, because you can't ride on the opposite side of the street after dark, and do not allow one-way traffic. He explained that this is done in other cities, however, no one has researched this. He stated the following day he contacted the DNR, the DOT, Public Works Department, and the Traffic Engineer, who indicated they have done this in the County, in areas that permitted one-way traffic on the road. He stated some things have not been done in cooperation with the various organizations, Mr, Carlos stated one other maUer, which merits consideration is the revenue generated by the sport for the gas stations, restaurants, and all of the local businesses, He stated many of the smaller communities such as the city of S1. George, might not be able to remain open in the wintertime, if not for snowmobilers, Mr. Carlos commented that snowmobilers pay fifty dollars every three years to ride their snowmobiles, and inquired where all of that money goes, He stated this, as well as all of the revenue the sport generates, is what keeps all of the small businesses in operation, He added that the smaller towns in the northern part of the state might not exist at all, if it was not for the snowmobilers. Brent Schmidt, a resident of Coon Rapids, stated he heard much discussion regarding the asphalt trails and the damage snowmobiles can do, as well as the damage to the homeowner's property, and that this was a very valid concern, He commented the State should take as much money as they put into constructing the asphalt trails, and put in multi-use trails, perhaps comprised of crushed rock, which can be walked upon, and ridden upon with mountain bikes and snowmobiles, He explained they could then take the money they save, to pour concrete, which is not damaged as easily as \ ) Regular Andover Planning and Zoning Commission Meeting Minutes-September 28,1999 Page 16 /'~ '. ) asphalt, at the end of the driveways where snowmobiles cross. He stated this would solve two problems, in terms of the landowners who don't want damage, and the cost savings would be realized by not constructing asphalt trails allover the City, He stated a multi-use trail is a good solution for everybody's problems, Mr, Johnson stated at one time, there was enough money for twenty miles of trail, yet only two miles crossed private property, He stated since that time, the Snowmobile Club has returned half of the signs, and gave the refunded money to other clubs; however, they still have enough signs to make a trail system happen, He noted if this is a cost issue, they have the signs and the people, however, they need the City to provide some right-of-way through the City properties, and to develop a plan for the future, He stated he believed there was a mutual solution. Motion by Apel, seconded by Jovanovich, to close the public hearing at 8:21 p.m, Motion carried on a 7-ayes, a-nays, a-absent vote, Chair Squires stated he had received an anonymous letter, dated September 25, 1999, directed to the Andover City Council, supporting a total ban on snowmobiles in the City. He stated he had received a letter from L. B. Pressel, 14267 Round Lake Boulevard, dated September 21,1999, recommending the City ban snowmobiling, "per their recommendation," which he believed referred to the southern half of the City, Chair Squires stated he also received a letter from Wayne Ness, 14268 Round Lake Boulevard NW, dated September 20, 1999, which indicates his support for a ban on snowmobiling. He provided these letters to the Commission and the members of the audience for review, '''--'1 , / Commissioner Apel referred the Commission to the third page, fourth paragraph of the staff report, which indicated several of the Snowmobile Task Force Committee's recommendations pertaining to improving the relationship between the landowners and the snowmobilers, and that these items merited consideration, Commissioner Apel stated any time a group must ban something, it is simply a surrender to abject failure, He believed that it would not reflect favorably on the Commission as a group, if they decided to ban snowmobiling, rather than resolve the basic problems, He stated he was not in favor of a ban, He advised if these recommendations were followed, in conjunction with the active pursuit of the situations and enforcement issues, they could attempt to provide the snowmobilers with a trail. He added if more enforcement money is required, they should see that it is made available, Commissioner Apel commented eight or ten years prior, the City had no trails, however, they had discussed trails for 16 or 17 years, and only in the last five years has it begun to come to fruition, He stated the City had concentrated primarily on hiking trails, thereby forgetting about other problems with regard to the snowmobiles, and in his opinion, this situation should be addressed, Commissioner Apel reiterated that banning snowmobiles, and giving up on the issue was not appropriate, He advised that a ban, south of 161'1 Avenue, would in his opinion, force the problems ,-~ " \ ) Regular Andover Planning and Zoning Commission Meeting Minutes-September 28.1999 Page 16 , / asphalt, at the end of the driveways where sno\VIIlobiles cross. He stated this would solve two problems, in terms of the landowners who don't want damage, and the cost savings would be realized by not constructing asphalt trails all over the City, He stated a multi-use trail is a good solution for everybody's problems. Mr. Johnson stated at one time, there was enough money for twenty miles of trail, yet only two miles crossed private property. He stated since that time, the Sno\VIIlobile Club has returned half of the signs, and gave the refunded money to other clubs; however, they still have enough signs to make a trail system happen, He noted if this is a cost issue, they have the signs and the people, however, they need the City to provide some right-of-way through the City properties, and to develop a plan for the future. He stated he believed there was a mutual solution. Motion by Apel, seconded by Jovanovich, to close the public hearing at 8:21 p.m, Motion carried on a 7-ayes, O-nays, O-absent vote, .. Chair Squires stated he had received an anonymous letter, dated September 25, 1999, directed to the Andover City Council, supporting a total ban on sno\';IDobiles in the City, He stated he had received a letter from L.B. Pressel, 14267 Round Lake Boulevard, dated September 21,1999, recommending the City ban sno\VIIlobiling, "per their recommendation," which he believed referred to the southern half of the City, Chair Squires stated he also received a letter from Wayne Ness, 14268 Round Lake Boulevard NW, dated September 20, 1999, which indicates his support for a ban on sno\VIIlobiling. He provided these letters to the Commission and the members of the audience for review, t / Commissioner Apel referred the Commission to the third page, fourth paragraph of the staff report, which indicated several of the Sno\VIIlobile Task Force Committee's recommendations pertaining to improving the relationship between the landowners and the snowmobilers, and that these items merited consideration, Commissioner Apel stated any time a group must ban something, it is simply a surrender to abject failure. He believed that it would not reflect favorably on the Commission as a group, if they decided to ban sno\VIIlobiling, rather than resolve the basic problems. He stated he was not in favor of a ban, He advised if these recommendations were followed, in conjunction with the active pursuit of the situations and enforcement issues, they could attempt to provide the sno\VIIlobilers with a trail. He added if more enforcement money is required, they should see that it is made available. Commissioner Apel commented eight or ten years prior, the City had no trails, however, they had discussed trails for 16 or 17 years, and only in the last five years has it begun to come to fruition, He stated the City had concentrated primarily on hiking trails, thereby forgetting about other problems with regard to the sno\VIIlobiles, and in his opinion, this situation should be addressed. , I J Commissioner Apel reiterated that banning snovlInobiles, and giving up on the issue was not appropriate, He advised that a ban. south of 161 Sl A venue, would in his opinion, force the problems Regular Andover Planning and Zoning Commission Meeting Minutes-September 28,1999 Page 17 / north, and a total ban in the City would force the problems into Oak Grove. He explained the City should take responsibility for their own problems, and not attempt to force them upon other cities, He believed the City should be able to solve the problems, Commissioner Daninger inquired if there had been any discussion regarding class five snowmobile trails comprised of gravel, and if this was proposed to occur in the future, He noted the City's bituminous trails, and inquired why there are no different types of trails, Commissioner Ape1 explained the focus within the last several years has been on the hiking trails, Commissioner Daninger inquired if all the residents of the City wanted hiking trails, Commissioner Apel stated he did not know if they did or not, however, they seemed to appreciate them. He commented that this was determined to be a good idea several years ago and he still believed it was, He added, however, he did not think they should discriminate against the minority who are attempting to protect their right to snowmobile, He stated there was a very vocal minority that was against it, arid as a landowner himself, he would not be opposed to a ban, however, he did not think this was a fair way of going about it. Mr, Haas stated a few years ago, staff had conducted a study, and asked the citizens what their priority was, in terms of parks, trails, ball fields, and the like. He explained that trails were the number one request. He advised the best trail is bituminous, He explained that class five trails constitute maintenance and erosion problems, and skateboarders and rollerb1aders cannot use them, I J Commissioner Apel commented that everyone agreed that they enjoy the trails, Mr, Haas added that every day he saw the trails utilized in some manner, whether for running, rollerblading or the like, He explained the Parks and Recreation Commission wanted to protect the trails, having spent over $400,000 on their development. He stated staff receives many compliments from people moving into the City, indicating that the trail system is fabulous, and the Public Works Department does a very good job maintaining them, Commissioner Apel inquired regarding the $15 fee, which was set aside at the state level for repairing damage to the trails, Mr, Haas stated there was previously a $50 fee required for the use of studs, however, he believed that money was being reimbursed to the people who paid the fee, Mr. Luslig stated this was not correct. He explained the snowmobile manufacturers had absorbed this loss, because of the ruling by the State of Minnesota, which guarantees another million dollars for each city for repairs, and these funds are available, Mr. Haas stated staff has contacted the city of Minneapolis regarding repairs, and they have advised not to not seal-coat, as this process causes a problem for the skateboarders and rollerb1aders, He further explained that Minneapolis does not fog-seal their pavement, but mills the pavement, and re- paves the damaged section of the trail. , '\ . / Regular Andover Planning and Zoning Commission Meeting Minutes-September 28.1999 Page 18 / '\ / Commissioner Apel stated if this fee has been set aside for the repair of damaged trails, the economic argument was not valid, Mr, Haas stated he had not previously heard of this, however, he would look into it. Commissioner Falk agreed with Commissioner Ape1, in that he did not want the snowmobilers damaging his yard, however, he believed there should be a cooperative effort to provide winter trails for the snowmobilers, He stated he was not in favor of banning snowmobiles, Chair Squires stated every year, during the last seven or eight, this issue has been discussed, and every year people have attended the meetings and indicated all of the issues presently brought forward. He stated there has not been a large enough effort by the City to work with the Commission on these problems, and to help educate the public in this regard, He stated this is an enforcement issue, and they should direct more funds to the Sheriffs Department to step up enforcement, and make the penalties greater so that those people who are the "bad apples" are truly prevented, restrained, or discouraged from repeating their behavior. He reiterated, however, that all of these things have been discussed every year for the past seven years, Commissioner Apel clarified this discussion has occurred for 17 years, and would continue into the future, He stated the banning of snowmobiles has never solved the problem, and as proof of this, they can look at Coon Rapids where they are banned, yet continue to be present. He stated that banning is never the answer, and never will be. " '\ , . I Chair Squires stated his opinion was, after seven years of attempting to work cooperatively and address the problem, the problem still exists, He commented that every year they have considered every possible option through task forces, the Sno-Dragons, volunteer efforts, educating the children, posting signs, and many other means, however, and in spite of this, the problems continue to be the same. Commissioner Apel inquired if Chair Squires was advocating they give up, Chair Squires stated in his judgement, seven years was enough time, He explained he was not advocating giving up, however, he had personally observed some of the problems, listened to people who have had their property damaged, and law enforcement has indicated it would be easier to deal with if the issue was black and white, He noted the City's trails are its primary drawing factor, and is a tremendous benefit to all residents of the City, He stated the City's population was already concentrated enough the urban areas, and it is appropriate that snowmobiles be elsewhere. Commissioner Jovanovich agreed, She stated she had lived in the City for 30 years, and the snowmobiles used to ride in the fields behind her yard, however the City has changed, and is not the open space that it used to be, Commissioner Daninger's opinion was that a trail was the solution, and if a ban was in place, it might provide the impetus required to achieve that goal. He suggested a ban as a new approach to r' '\ , " I Regular Andover Planning and Zoning Commission Meeting Minutes - September 28. 1999 Page 18 J Commissioner Apel stated if this fee has been set aside for the repair of damaged trails, the economic argument was not valid, Mr, Haas stated he had not previously heard of this, however, he would look into it. Commissioner Falk agreed with Commissioner Apel, in that he did not want the snowmobilers damaging his yard, however, he believed there should be a cooperative effort to provide winter trails for the snowmobilers, He stated he was not in favor of banning snowmobiles, Chair Squires stated every year, during the last seven or eight, this issue has been discussed, and every year people have attended the meetings and indicated all of the issues presently brought forward. He stated there has not been a large enough effort by the City to work with the Commission on these problems, and to help educate the public in this regard, He stated this is an enforcement issue, and they should direct more funds to the Sheriffs Department to step up enforcement, and make the penalties greater so that those people who are the "bad apples" are truly prevented, restrained, or discouraged from repeating their behavior. He reiterated, however, that all of these things have been discussed every year for the past seven years, Commissioner Apel clarified this discussion has occurred for 17 years, and would continue into the future. He stated the banning of snowmobiles has never solved the problem, and as proof of this, they can look at Coon Rapids where they are banned, yet continue to be present. He stated that banning is never the answer, and never will be, Chair Squires stated his opinion was, after seven years of attempting to work cooperatively and address the problem, the problem still exists. He commented that every year they have considered every possible option through task forces, the Sno-Dragons, volunteer efforts, educating the children, posting signs, and many other means. however, and in spite of this, the problems continue to be the same. Commissioner Apel inquired if Chair Squires was advocating they give up, Chair Squires stated in his judgement, seven years was enough time. He explained he was not advocating giving up, however, he had personally observed some of the problems, listened to people who have had their property damaged, and law enforcement has indicated it would be easier to deal with if the issue was black and white, He noted the City's trails are its primary drawing factor, and is a tremendous benefit to all residents of the City. He stated the City's population was already concentrated enough the urban areas, and it is appropriate that snowmobiles be elsewhere, Commissioner Jovanovich agreed, She stated she had lived in the City for 30 years, and the snowmobiles used to ride in the fields behind her yard, however the City has changed, and is not the open space that it used to be, " Commissioner Daninger's opinion was that a trail was the solution, and if a ban was in place, it J might provide the impetus required to achieve that goal. He suggested a ban as a new approach to Regular Andover Planning and Zoning Commission Meeting Minutes-September 28,1999 Page 19 ) the problems, He explained that from an enforcement standpoint, the issue would become black and white. He added the problems would still occur, and it would be difficult to enforce a ban, however, this might provide the ability to go before the City and request the trails. Commissioner Falk inquired why they should give up without trying, Commissioner Daninger explained, according to Chair Squires, they have been trying for seven to fifteen years. Mr, Haas stated the Andover Sno-Dragons have tried very hard to obtain a trail, and in fact, the Parks and Recreation Commission has worked with them regarding a section of trail through Kelsey Park, to access 7th Avenue, He explained, however, this matter has had to come before the City on an annual bases, and last year the snowmobile club did not approach the City, which is why the signs were removed, and there is currently no designated snowmobile trail across that area, He noted there was always the opportunity to do this in the future, He explained the City has always indicated they would be willing to work with the snowmobile club in terms of establishing the trails, however, it is the snowmobile club's responsibility to obtain permission from the landowners to cross their land. Commission Dalien inquired if the snowmobile club had to come to the City to request this trail every year, Mr. Haas stated this was correct. He explained they had the trail for one year, and there were not many complaints to his knowledge, however, they had to come back annually to request the City's permission to cross the park area, a small section from Round Lake to 151 sl Avenue, with a ,j trail. Commissioner Da1ien commented this was a very difficult issue, and the majority of the audience appeared to be in favor of snowmobiling. He inquired regarding the public notification, as the audience appeared to be somewhat one-sided at present. He agreed that the City has changed, and this issue comes forward year after year, He stated there did not appear to be any simple solution. Commissioner Dalien commented that the Mayor had brought forward the suggestion of a ten-mile per hour speed limit, however, there would still be an enforcement problem, He explained it becomes difficult for the police to have to consider the variables, and provide reasonable enforcement, and in light of this, he was willing to consider a ban of some form, He was uncertain where the line should be, and if the sport should be banned entirely in the City, He stated, however, some restrictions on where snowmobiling occurred were necessary, because the City has changed substantially, and snowmobiling does not fit well with an urban area unless there are some designated areas where it can be done, and the City does not presently have that. Commissioner Dalien stated the City should continue to work with the snowmobile organization in attempting to develop some trails, however, there still is a problem that needs to be resolved, and a temporary ban, until such time as those trails can be worked out, is a reasonable consideration, " Commissioner Jovanovich stated she lived south of Bunker Lake Road. She commented as soon as there is a new snowfall, there are people snowmobiling in Terrace Park. / Regular Andover Planning and Zoning Commission Meeting Minutes - September 28, 1999 Page 20 , '\ \ ) Commissioner Hedin stated he was not a snowmobiler and he lived north of 161" Avenue, therefore if he decided to purchase a snowmobile, he would not be affected by a partial ban. He remarked Mayor McKelvey's ideas were excellent. Commissioner Hedin commented it appeared that the Commission's vote would be split. He stated he was not in favor of any ban, and would prefer to see the two sides working together to establish trails. He explained, however, it was not the Planning and Zoning Commission's responsibility to discuss all of the ideas, and work with either side, rather the proposed solutions should be brought forward to them, and resolved from that point. He reiterated he would not vote for a temporary ban, either in part of the City or in entirety, Chair Squires stated there had been some suggestion to establish a network of trails that would ultimately filter out into a larger trail to get people out of the population concentration. He noted the City is largely developed, and to "retro" it for a trail, in his opinion, is too simplistic, He stated the County is developing Bunker Lake Boulevard and dedicating it for a particular use, with a right-of- way all the way to Round Lake Boulevard. He stated there were other major areas, such as Hanson Boulevard that has a trail on the east side, which changes to the west side at Andover Boulevard, He stated there would be a snowmobile trail on Hanson Boulevard, which would act as a major intersection and a collector of snowmobile traffic from the concentrated areas of the City, that will conflict with that. He did not think it was practically feasible to believe they could put in a network of minor collector trails leading onto a major collector or arterial trail, ultimately leading out of the City, He stated he would not discourage discussion in this regard, and if it were to come into being, that would be fine, however, those discussions have been going on for as long as the issue has existed, and there is no trail to date. He stated he did not see this as a great enlightening solution to the problem that they are all on the verge of grasping, or a meeting of the minds, which would resolve everything, He explained if trails are still a possibility in people's minds, they should be pursued, but he did not see this as a panacea, and had heard nothing that convinced him to delay addressing the problem, .~ '\ / Commissioner Hedin remarked if this was correct, and there is no solution, the proposed ban would not be temporary, it would be permanent. Chair Squires stated whether it is considered a temporary or a permanent ban, it is the same. He explained that the City Council can amend the ordinance at any time, and if the Commission recommends to the Council a ban, it would be banned. However, if the ban did not ultimately work, and the matter comes forward again in the future, they would discuss the new issues, Commissioner Hedin commented with a split vote, the matter will likely come before the Commission again next year. He added the Council might vote in the opposite direction, He stated that the newspaper had printed an article that indicated this issue would be discussed during the present meeting. He reiterated that he would like to see the two sides working together, and if it is possible to have some of these trails, consider making them permanent, so they aren't required to /.-'\ '- ) Regular Andover Planning and Zoning Commission l\1eeting Minutes - September 28. 1999 Page 20 ) Commissioner Hedin stated he was not a snowmobiler and he lived north of 161" Avenue, therefore if he decided to purchase a snowmobile, he would not be affected by a partial ban. He remarked Mayor McKelvey's ideas were excellent. Commissioner Hedin commented it appeared that the Commission's vote would be split. He stated he was not in favor of any ban, and would prefer to see the two sides working together to establish trails, He explained, however, it was not the Planning and Zoning Commission's responsibility to discuss all of the ideas, and work with either side, rather the proposed solutions should be brought forward to them, and resolved from that point. He reiterated he would not vote for a temporary ban, either in part of the City or in entirety. " J Chair Squires stated there had been some suggestion to establish a network of trails that would ultimately filter out into a larger trail to get people out of the population concentration. He noted the City is largely developed, and to "retro" it for a trail, in his opinion, is too simplistic, He stated the County is developing Bunker Lake Boulevard and dedicating it for a particular use, with a right-of- way all the way to Round Lake Boulevard. He stated there were other major areas, such as Hanson Boulevard that has a trail on the east side, which changes to the west side at Andover Boulevard, He stated there would be a snowmobile trail on Hanson Boulevard, which would act as a major intersection and a collector of snowmobile traffic from the concentrated areas of the City, that will conflict with that. He did not think it was practically feasible to believe they could put in a network of minor collector trails leading onto a major collector or arterial trail, ultimately leading out of the City. He stated he would not discourage discussion in this regard, and if it were to come into being, that would be fine, however, those discussions have been going on for as long as the issue has existed, and there is no trail to date, He stated he did not see this as a great enlightening solution to the problem that they are all on the verge of grasping, or a meeting of the minds, which would resolve everything, He explained if trails are still a possibility in people's minds, they should be pursued, but he did not see this as a panacea, and had heard nothing that convinced him to delay addressing the problem. Commissioner Hedin remarked if this was correct, and there is no solution, the proposed ban would not be temporary, it would be permanent. Chair Squires stated whether it is considered a temporary or a permanent ban, it is the same. He explained that the City Council can amend the ordinance at any time, and if the Commission recommends to the Council a ban, it would be banned, However, if the ban did not ultimately work. and the matter comes forward again in the future, they would discuss the new issues, Commissioner Hedin commented with a split vote, the matter will likely come before the Commission again next year, He added the Council might vote in the opposite direction. He stated that the newspaper had printed an article that indicated this issue would be discussed during the present meeting, He reiterated that he would like to see the two sides working together, and if it is possible to have some of these trails, consider making them permanent, so they aren't required to '\ / Regular Andover Planning and Zoning Commission Meeting Minutes - September 28, 1999 Page 21 come before the City every year, He stated if the problems were consistent, perhaps they could ban snowmobiles on certain streets like Round Lake Boulevard, although that does not seem to have solved the problems in that area, to date, Commissioner Apel inquired if staff was requesting the Commission provide their recommendation. Mr, Johnson stated this was correct, and staff would forward this to the City Council for the October 19, City Council meeting, Commissioner Apel inquired if they was preparing a model ordinance, or just forwarding the matter to the City Council for discussion, Mr, Johnson stated the Council will review the minutes, and will consider the Planning and Zoning Commission's recommendation, and staff will request direction at that point. He noted another public hearing would be necessary, if the Council decides to direct staff to draft an amendment to the Snowmobile Ordinance. Commissioner Apel stated it appeared as though the recommendation would be that there should be some type of a ban, as four Commissioners are recommending a ban, and three are not. Chair Squires inquired if this matter would come back to the Commission prior to Council consideration, Mr, Johnson explained this matter would go to the Council for direction after " reviewing the public hearing, ~ J Chair Squires stated it was appropriate and necessary to provide a motion, Mr. Haas clarified the process for the members of the audience, He explained that the Commission's recommendation would be brought before the Council who would make the ultimate decision, He noted the Commission may recommend a ban, however, the Council may decide not to do follow that recommendation, Motion by Daninger, seconded by Jovanovich, to recommend to Council that the City Adopt a Ban on Snowmobiles South of 16151 A venue, as Advised and Pursuant to the Discussion of the September 28, 1999 Planning and Zoning Commission Meeting, Motion carried on a 4-ayes, 3-nays, O-absent vote, Commissioner Apel requested the mover consider amending his motion to include the R-4 District. He explained the line drawn at 161" Avenue had not been decided upon at the Task Force meeting, but had simply been discussed as an easy point of reference from which to draw a line, He stated he had attended the meeting, and it was the R-4 area that was discussed' in terms of a snowmobile ban, He stated the problem as presented does not exist outside of the R-4 District. Commissioner Dalien noted in specifying the R-4 District versus the area south of 161" A venue, a " problem would remain in terms of enforcement. / Regular Andover Planning and Zoning Commission Meeting Minutes-September 28,1999 Page 22 , '1 ~ J Commissioner Daninger stated he would not agree to amend his motion, in order that they might proceed with the matter, Commissioner Hedin stated he did not believe the enforcement benefits were a good basis for making a recommendation, He stated the rules should be as they are, and enforced as well as they can be enforced. He reiterated his belief that no ban was good, adding that drawing a specific line at 161 51 Avenue was bad policy. Mr, Johnson stated this matter would be considered at the October 19, 1999 City Council meeting. AMEND ORDINANCE 8, SECTION 4.26 - BULK STO Mr, Johns stated the Planning and Zoning Commission is asked to hold a public an amendme to Ordinance No, 8, Section 4.26 - Bulk Storage of Fuels, At the September 1999 City Council meeting, Council authorized staf 0 prepare an amendment that would allow an dministrative permit process for existing use at are associated with the storage of bulk fuels Whl have previously received Special Use P it approval. Mr. Johnson stated provided Council minutes of September 7, Commission with a copy 0 e proposed amendment and the City omment. ,- -\ , / Mr. Johnson referred the Commission to a let from Pump and Meter Service, Inc" which indicated this company is in the business of in llin underground tanks, and is dealing with other communities, that, for the most part, not reqUl a Special Use Permit process. He explained these communities allow staff or the PCA or the E Codes to address the issues, as well as the Fire Marshall if necessary, to insu that the installation i one properly. Commissioner Apel stated at doing this administratively do not provide the neighborhood the opportunity to know w is occurring, and he had a problem w this, He explained he did not believe the City had er denied a Special Use Permit request for ey type of use, however, his concern would be at an administrative process would diminish the nei bors' ability to be aware of what was occu ' g, Mr, John n stated this was also staffs concern upon drafting this amendment. e explained if the proces as administrative, you would know that the project complies with the EP 1\ ode, however, ould not be made aware of what was being installed, -' '\ \. J' Regular Andover Planning and Zoning Commission Meeting Minutes - September 28. 1999 Page 22 Commissioner Daninger stated he would not agree to amend his motion, in order that they might proceed with the matter. Commissioner Hedin stated he did not believe the enforcement benefits were a good basis for making a recommendation. He stated the rules should be as they are, and enforced as well as they can be enforced. He reiterated his belief that no ban was good, adding that drawing a specific line at 161 51 Avenue was bad policy, Mr. Johnson stated this matter would be considered at the October 19, 1999 City Council meeting, AMEND ORDINANCE 8, SECTION 4.26 - BULK STO Mr, Johns stated the Planning and Zoning Commission is asked to hold a public an amendme to Ordinance No, 8, Section 4,26 - Bulk Storage of Fuels, At the September 1999 City Council meeting, Council authorized staf 0 prepare an amendment that would allow an dministrative permit process for existing use at are associated with the storage of bulk fuels Whl have previously received Special Use P it approval. '\ J Commission with a copy 0 e proposed amendment and the City omment. Mr, Johnson stated provided Council minutes of September 7, Mr. Johnson referred the Commission to a let from Pump and Meter Service, Inc., which indicated this company is in the business of in Ilin underground tanks, and is dealing with other communities, that, for the most part, not reqUl a Special Use Permit process, He explained these communities allow staff or the PCA or the E Codes to address the issues, as well as the Fire Marshall if necessary, to insu that the installation i one properly. Commissioner Apel stated at doing this administratively do not provide the neighborhood the opportunity to know w is occurring, and he had a problem w this, He explained he did not believe the City had er denied a Special Use Permit request for ey type of use, however, his concern would be at an administrative process would diminish the nei bors' ability to be aware of what was occu ' g, Mr. John n stated this was also staffs concern upon drafting this amendment. e explained if the proces was administrative, you would know that the project complies with the EP PI.. yo ould not be made aware of what was being installed. '\ / Unknown From: Sent: To: Subject: Openmodman@aol.com[SMTP:Openmodman@aol.com] Friday, October 01,19997:32 AM admin@andovermn.com Snowmobiling & Studs We love to ride and would not consider riding without studs, as we value our children's lives and our own. If you are truly thinking of banning studded snowmobilers which is about 70% of the active ones you are making a big mistake. Please take note to the huge outcry from the snowmobiling community when the state tried to ban studs. Get in touch with the pulse of snowmobiling and enjoy the things we snowmobilers offer. \ " J '. " Page 1 Sheet1 '\ CITIES THAT PROHIBIT SNOWMOBILING EDEN PRAIRIE LONG LAKE CITIES THAT RESTRICT SNOWMOBILING (MAINLY URBAN AREAS) AND ARE PERMITTED ONL YON DESIGNATED TRAILS AND ROUTES COTTAGE GROVE ELK RIVER 1 HASTINGS MAPLE GROVE PLYMOUTH PRIOR LAKE ROSEMOUNT WOODBURY CITIES THAT ALLOW SNOWMOBILING BROOKLYN PARK FARMINGTON HAM LAKE LAKEVILLE L1NO LAKES RAMSEY ST. MICHAEL " Page 1 Unknown From: Sent: To: Subject: Kerri Slusar[SMTP:kslusar@itsmn.com] Friday, October 01, 19991:11 AM 'admin@andovermn.com' Snowmobile Ban '\ ) Andover City Hall, We recently moved to this city, our dream home. The home of our dreams giving a country atmosphere with a little city. Having the ability to enjoy snowmobiling from our home to where ever we choose. We do not understand the councils take on this subject. If thousands of dollars can be spent to build and maintain trails for walkers why not snowmobiles? What is the revenue generated by a walker? (water and trail mix?) What revenue is generated by snowmobiles? The average trip for the day usually costs my family (2 sleds) $150.00 (gas, lodging, breakfast, lunch, dinner, snacks, oil, and the list goes on). Think of the possible revenue, some groups are as large as 10-20 depending on the conditions and trail accessibility . To ban this sport from Andover would just be admitting defeat. Defeat that a city is not willing to compromise. There is most definitely a solution outside of "taking the easy way out". The ideas and support are there, snowmobile enthusiasts are very willing to work together to find fair and practical solutions to the issues. We will be attending the next meeting! One of many concerned residents, Kerri '. / Page 1 '\ ./ (i,d, -rta..~ ~~ {C'....Ij,Si~ - (;1 +y Cc"Vlc-11 - ..rdi~ 101 fR~I{ED %~f 81999 ClfV gE tn('v'1"'-~ , .. t:"'-0lr~_i1. Andover Council: 9/25/99 Re: Ban on snowmobiles We write as members of the suffering majority requesting a total ban on snowmobiles in Andover, Andover is too built up to allow snowmobiling. Let's get back to some peace and quiet without the whine of racing machines on our vulnerable roads; digging up of the grasses on boulevards and even in other people's yards. We feel that the snowmobile club has failed in controlling the law breakers and it's now time to ban! . " '/ Our City looks so tacky with the desperate measures taken by citizens trying to protect their property, Let us be able to have pride in our City again, A total ban will also keep non-Andover snowmobilers from trailering in their machines and racing up and down our city streets, Moving the line to 161stjust moves all the problems up further-doesn"t solve them! "- ) Unknown '\ / From: Sent: To: Subject: LARRY GERHARDSON[SMTP:lgerhardson@maxximmedical.com] Friday, October 01, 1999 3:42 PM admin@andovermn.com ORDINANCE BANNING SNOWMOBILES/STUDS IN ANDOVER ~ ATTOOOOO.html COUNCIL MEMBERS; I REPRESENT A GROUP OF 30 SNOWMOBILE ENTHUSIASTS. WE RIDE EACH WEEKEND IN A 200 MILE RADIUS OF FARGO. PLEASE BE ADVISED THAT WE CANNOT SUPPORT THE CLOSURE OF YOUR CITY TO SNOWMOBILES, AND WILL NOT SPEND OUR ENTERTAINMENT DOLLARS IN ANDOVER IF THIS ORDINANCE GOES INTO EFFECT. WE ARE RESPECTFUL OF PROPERTY OWNERS' RIGHTS AND THE LAND ON WHICH WE RIDE, FOLLOWING THE LAWS THAT ARE IN PLACE. BY PASSING AN ORDINANCE BANNING SNOWMOBILES, YOU AND YOUR MERCHANTS ARE PUTTING OUT THE "NOT WELCOME" SIGN TO OUR GROUP AND OTHERS THAT WOULD USE YOUR RESTAURANTS, HOTELS, GAS STATIONS, AND RETAIL STORES. LARRY GERHARDSON 8517 S UNIVERSITY DR FARGO, N.D. 58104 Igerhardson@maxximmedical.com 701-297-9391 " i .I \ .I Page 1 Unknown '\ J From: Sent: To: Subject: Openmodman@aol.com[SMTP:Openmodman@aol.com] Friday, October 01, 1999 7:29 AM admin@andovermn.com Snowmobiling We love to snowmobile and wouldn't consider doing it without studs as we love our children to much to put them on a snowmobile that is lacking the proper safety equipment. If the City of Andover feels the it is okay to put snowmobilers at risk by banning studs, we would not want to be there anyway! So please consider the benefits snowmobilers offer in your decision making process and while you are thinking about it factor in the element of what a human life might be worth, I'm sure it might outweigh any repairable damage you might be concerned about. Studded up and happy to stay that way! \, J "- j Page 1 \ J . J 9/21/99 To: Planning and Zoning Commission, City of Andover , I understand that the Andover City Council (ACC) has again referred the snowmobile problem to Planning & Zoning for recommendation before the ACC makes the decision to ban snowmobiles in Andover, It seems to me that we have already been down this same road several times.., but here we go again, I ask you to recommend to the Andover City Council that snowmobiling be banned in Andover, and I recommend that the ACC follow through and ban snowmobiling per your recommendation, Already on the table are recommendations from 3 significant areas: . Park and Recreation has recommended banning in the southern half of Andover due to damage done to our parks, . The Sheriffs Department has also recommended a ban in the southern half of Andover, . The Snowmobile task Force has made this same recommendation, Additionally, there are hundreds, perhaps thousands, of citizen complaints reporting damage caused by snowmobiles, The snowmobilers have certainly been thumbing their noses at this city as they continue to violate the snowmobile ordinance. I am a long time tax-paying resident of Andover. I've been threatened by snowmobilers, I've been sworn at by snowmobilers. I've been stuck in my driveway. due to the snow and ice buildup that snowmobiles leave behind as they illegally drive across my frontage, I've had to fence in my own property to keep them out and to prevent further tree damage, I've incurred monetary damage to my property, for which I have not been reimbursed. Several council members have tried to be supportive, Other than that, the city administration and the Sno-Dragons have expressed no concern, The key word is "City," This is no longer a rural "country" community, The snowmobilers have run out of room, which is evident by the traffic congestion, Please communicate to the ACC that you, the Planning and Zoning Commission, respect the lives and rights of all Andover citizens and unanimously recommend an immediate ban on snowmobiles in Andover. t7f~~ L.B. Tressel 14267 Round Lake Blvd Andover, MN 55304 CC: Andover City Council Dave Blackstad, Chair, Park & Recreation , I , , \ .' To Whom It May Concern: Let me first introduce myself, I am Wayne Ness, a resident of the City of Andover and a former member of The Snowmobile Task Force for the City of Andover. I resigned following the last meeting of the task force due to my frustration with what is happening in the City of Andover in regards to snowmobiling. I know you, the members of the Planning and Zoning Commission and the City Council are extremely busy individuals who deal with numerous issues, but please take the time to read this in its entirety on the issue of snowmobiling in the City of Andover. When the issue's of snowmobiling and the problems it was causing in the City of Andover became increasingly apparent, a task force was formed to try and deal with the issues and to revise and/or enhance the current ordinance. I volunteered for that committee and was appointed by the City of Andover. The committee was comprised of concerned citizens, the Sheriffs Department, the City of Andover and the Snowmobile Club. We first met to review the current ordinance and then to recommend changes to the City of Andover. After task force meetings, public hearings, etc. a new ordinance was approved by the city council. This ordinance was in effect until the issue's of studded tracks and public trails became a reality in the City of Andover, The ordinance was again revised to address these and other issues. , / It is now time for you, the P & Z and The City Council, to again review the current ordinance and adopt changes that will not only financially benefit the City of Andover, but also enhance the quality of life and the safety for all resident's and visitors to the City of Andover, Snowmobiling, under the current ordinance, is allowed throughout the City, except along a portion of Round Lake Blvd. A TV's and hunting were also allowed in past versions of city ordinances. Why have the ATV and hunting ordinances been changed? Because of urbanization and the influx of people who want to live in and enjoy the safe and peaceful quality of life that Andover has to offer. I know you will get the same answer from people who own and wish to enjoy snowmobiling in the City of Andover. "The reason I moved to Andover was to enjoy snowmobiling and the quality of life that Andover has to offer". The quality of life reasoning is still very valid, but snowmobiling in the southern part or all of Andover needs to come to an end. The time has come to stop the destruction of public and private property by snowmobiles in the City of Andover. " / , .. \ One of the proposed changes is to ban snowmobiling south of 161st. This boundary line was arrived at after meetings and much discussion by the snowmobile task force, Maps of the city were laid out and various options were discussed prior to this consensus by all members of the committee. This committee consisted of the City of Andover, the Sheriffs Department ,the Snowmobile Club and concerned citizens. All agreed that this was the most logical division line within the city if a line needed to be established. The other options before the committee were to ban snowmobiling totally within the City of Andover or to do nothing and keep the current ordinance in place. Doing nothing, in my opinion, is saying to the resident's of Andover, snowmobiler or not, that we don't care about the destruction of your property or what it cost the city, and you the taxpayer, every year to repair the damage caused by snowmobiles, The most recent task force meeting I attended was a farce and an embarrassment. The meeting was limited to 1 hour by the moderator from the city, thus limiting the time needed to address the real issues before us. Every time the Sheriffs Department was asked for an opinion or mentioned, a member of the P & Z would interrupt and comment about the inadequacy of the Sheriff Department and it's inability to enforce the current ordinance, He insinuated that a split at 161 st was only a cop-out by the Sheriffs Department for not doing their job. I feel this was totally uncalled for by an appointed member of the P & Z, The Sheriffs Department has worked hard to enforce the current ordinance and I commend them in their efforts. The City of Andover and it's committees should applaud the Sheriffs Department for the work they do in the city, trying to enforce the current snowmobile ordinance vIs criticizing them, -, / Another concern I have was the opinions and comments made by our mayor. He stated very strongly that he was for snowmobiling within the City of Andover. I feel this is a very short-sided opinion of a person who was elected to serve the best interest of ALL residents of Andover, not just snowmobilers, The mayor also stated that if we ban snowmobiling in the City of Andover we may just as well ban automobiles. What an absurd comment to be made by the elected leader of our fine city, , ./ I am sure the upcoming meetings regarding this issue will be dominated by citizens who wish snowmobiling to continue in its present state in the City of Andover. You may ask yourself, where are the citizens against snowmobiling? They are tired of.asking the city and its committees for help in this matter and getting no relief, I personally have talked to many resident's who feel very frustrated with the democratic process in this city. They have instead decided to put up signs, tape, barricades, whatever it takes, to protect their own sanity and property. Is this what you want for and in the city of Andover? I could go on and on, but in closing I would like to thank you for taking the time to read this and ask you to take a long hard look at the current ordinance and its weakness. I hope for the City of Andover, and its citizens, that you come to a wise decision for all citizens and not just the snowmobilers. This city has so much to offer, please do not be influenced by a special interest group and consider what is best for all residents and visitors to our fine city. Think SAFETY if nothing else, W~L 9/:Ad/99 N~ Lf;),7-b 962-- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ DATE: October 19.1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. Discuss Ordinance Amendment to Ordinance No, 8 ~~tion 4,26 - Bulk Storage (Fuels) Reauest The City Council is asked to review an amendment to Ordinance No, 8, Section 2.46 - Regulating the Storage of Bulk Fuels, Plannin!! and Zonin!! Commission Recommendation The Planning and Zoning Commission recommends denial ofthe amendment (7-0 vote), The Commission felt that the ordinance shall remain the same to assure that residents adjacent to said request(s) are notified and have an opportunity to be heard, Please review the meeting minutes, , J Attachments Planning and Zoning Commission Meeting Minutes (9/28/99) Planning and Zoning Commission Staff Report (9/28/99) Ordinance No, 8, Section 4.26 Amendment Ordinance Amendment No. 229C Park and Recreation Meeting Minutes (9/16/99) , I - ~.; ~:~~-c,.,L~;~;',y~!~'F8?-:f2t ~.~?-~!.~'f"::'1~~:-::_._ _c .....:,.;~..:~.:.:::.~.,;.,~.::.l:';,-,c Iol,. ~&::":;,;'l:.lar Andover Planning and Zoning Commission Meeting pf,:\.pnutes - September 28, 1999 ,t~rage 22 ,~..."..,.~<-s :"f.::~1~1 ~~t Commissioner Daninger stated he would not agree to amend his motion, in order that they might '1 proceed with the matter. i , Commissioner Hedin stated he did not believe the enforcement benefits were a good basis for making a recommendation. He stated the rules should be as they are, and enforced as well as they can be enforced, He reiterated his belief that no ban was good, adding that drawing a specific line at 161st Avenue was bad policy. Mr. Johnson stated this matter would be considered at the October 19, 1999 City Council meeting. PUBLIC HEARING: AMEND ORDINANCE 8, SECTION 4.26 - BULK STORAGE OF LIQUID FUELS. Mr, Johnson stated the Planning and Zoning Commission is asked to hold a public hearing to review an amendment to Ordinance No, 8, Section 4.26 - Bulk Storage of Fuels, At the September 7, 1999 City Council meeting, Council authorized staff to prepare an amendment that would allow an administrative permit process for existing uses that are associated with the storage of bulk fuels which have previously received Special Use Permit approval. \ '_ J Mr. Johnson stated provided the Commission with a copy of the proposed amendment and the City Council minutes of September 7, 1999 for their review and comment, Commissioner Ape! asked what had metabolized this change, Mr, Johnson referred the Commission to a letter from Pump and Meter Service, Inc" which indicated this company is in the business of installing underground tanks, and is dealing with other communities, that, for the most part, do not require a Special Use Permit process, He explained these communities allow staff or the MPCA or the EP A Codes to address the issues, as well as the Fire Marshall if necessary, to insure that the installation is done properly, Commissioner Apel stated that doing this administratively does not provide the neighborhood the opportunity to know what is occurring, and he had a problem with this. He explained he did not believe the City had ever denied a Special Use Permit request for they type of use, however, his concern would be that an administrative process would diminish the neighbors' ability to be aware of what was occurring, Mr. Johnson stated this was also staffs concern upon drafting this amendment. He explained if the process was administrative, you would know that the project complies with the EP A Code, however, '\ you would not be made aware of what was being installed. ~, J './ ,;Ular Andover Planning and Zoning Commission Meeting .;:~;"",". jinutes - September 28, 1999 c: ,.,page 23 :'~,'./ .::<::.;,;/ - /~ Chair Squires stated the staff report presumed that this amendment would apply to only underground tanks, however, the amendment indicates "all uses including pipelines, tanks, abovelbelow ground having the capacity of 500 gallons or more." He explained, in theory, a Special Use Permit application for a gas station might come before the Commission, which would be typical and would provides the opportunity to examine the layout and render judgement regarding whether or not the proposed use is compatible with the surrounding uses. However, the applicant may later apply for a huge above-ground storage tank, and install it in a location that would have affected the way the felt about the first tank, yet the Commission would not have the opportunity to review it. He was concerned that this might be the way it would operate. Commissioner Apel stated a business could come forward with a Special Use Permit request for a propane tank, and a year later, decide that they want to increase their capacity. City Planner John Hinzman stated three or four of the service stations in town have done this with a separate application. He explained they have come in with their original tanks, and have added the LP service at a later date, Commissioner Apel advised the matter would not come before the Commission again, Chair Squires stated he agreed with Commissioner Apel's concerns, ./ Mr, Johnson stated staff had attempted to create a "catch-all" in the Administrative Permit Process that would provide them the ability to revert to the Special Use Permit process, in the event that the proposal would enlarge, alter, or intensify the use, and should not be approved. He added, however, this would result in having to rely upon staffs opinion, every time an item came forward, Commissioner Apel stated he did not personally think this was a good idea. He stated that the public notification process was important. Commissioner Hedin inquired how staff would determine whether or not to approve an administrative permit. Mr, Hinzman explained the major reason for the Special Use Permit process is to provide the public notification element. He explained staff does not have the training to go out and site the tanks and verify the safety, they refer this to the Fire Marshall. He added the public notification element was important, Commissioner Daninger stated this was a matter of whether there wouid be a public hearing, or if the process would be handled administratively. He stated it was not the City's fault ifthe tank installers were behind schedule, and if they know there is going to be a public hearing process, they should plan ahead, " \ ./ .'c"."'V~; '.~ ~-, .'.".',", ,.,> .. }ular Andover Planning and Zoning Commission Meeting }~,!:;:;jinutes - September 28, 1999 t-g;7/fage 24 .. ! i Chair Squires stated the Commission should be cautious and not base their judgement on whether or not this change is prudent. He explained it was not prudent or appropriate to recommend an amendment to the ordinance based upon one issue, the difficulties of Pump and Meter Service, Inc, i 'r ./' , ./ Commissioner Hedin noted Item 6 of the Pump and Meter Service's letter, which indicates that this administrative procedure is the logical thing to do. He stated the public hearing was also the logical thing to do, and he would not like to take away the resident's ability to know what was going to be installed underground, next door to them, particularly if it is a 500 gallon underground gas tank. Commissioner Jovanovich stated she thought they should maintain the public hearing process. Motion by Hedin, seconded by Falk, to open the public hearing at 9:04 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. There was no public input. Motion by Apel, seconded by Jovanovich, to close the public hearing at 9:05 p,m, Motion carried on a 7-ayes, O-nays, O-absent vote, Motion by Apel, seconded by Hedin to Direct Staff to Make No Changes to Ordinance No, 8, , / Section 4.26 _ Bulk Storage of Fuels. Motion carried on a 7-ayes, O-nays, O-absent-vote, PUBLIC HEARING: AMENDED SPECIAL USE PERMIT (ASUP 99-16) - ADDITION OF PORTABLE CLASSROOMS - 16150 CROSSTOWN BOULEVARD NW - CONSTACE FREE CHURCH. Planning Intern, Megan Barnett stated the Planning and Zoning Commission is asked to review an Amended Special Use Permit request by Constance Free Church, to allow four (4) temporary classroom trailers to be placed onto the church parking lot located at 16150 Crosstown Boulevard, NW. She stated the subject property is zoned R-1, Single Family Rural. Ms, Barnett provided the Commission with an overview of the applicable ordinances and the criteria presented. Ms. Barnett stated Constance Free Church was constructed in 1994, under SUP 94-06. On May 4, 1999 they were granted an Amended Special Use Permit to construct a 13,000 square foot addition, and are presently requesting a Special Use Permit to place four (4) teIl?-porary classroom trailers onto the parking lot. Ms, Barnett stated the applicant has submitted a site plan, which indicates the size and location of the four temporary trailers, She provided the Commission with a copy of the site plan, as well as pictures of the site. .' '\ I '- CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION September 28, 1999 DATE AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR AGENDA 5, Public Hearinl!: Planning Amend Ordinance No.8, Jeff Johnson Section 4,26 - Bulk Storage (Fuel ) BY: B.Y: Reauest The Planning and Zoning Commission is asked to hold a public hearing to review an amendment to Ordinance No.8, Section 4,26 - Bulk Storage of Fuels. At the September 7, 1999 City Council meeting, Council authorized Staff to prepare an amendment that would allow an administrative permit process for existing uses that are associated with the storage of bulk fuels which have previously received Special Use Permits, " , Please review attached amendment and comment. , I t I ) , " / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO, AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 4.26 Bulk Storal!e (LiQuid) (Fuels) All uses including pipelines, tanks (abovelbelow ground having a capacitv of five hundred rSOOl gallons or more associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids shall require a Special Use Permit permit. in order that the go'/eming body may have some assl:lfanee that fire, elcplosion or water ElF sail eantamination aiEafds are not present that 'Nould be detrimeatal to tae publie health, saf-ety afld general '.':elfare, The following permits may be granted: " ) 1. Special Use Permit. A permit granted to all new uses in order that the governing bodv may have some assurance that fire. explosion or contamination hazards are not present that would be detrimental to the public health. safetv and general welfare, 2. Administrative Permit. A permit granted administratively to all existing uses that are enlarged. altered or intensified and have received previous Special Use Permit approval. Permits that are denied administratively may be required to make application for a Special Use Permit. /.11 eJcisting above ground liqaid storage tanlcs having a capaeity in elwess of one thousand (l,gOO) gallons shall secme a Special Use Permit within twelve (12) months following enaetment of this Ordinance, The go':emiRg body may reqaire the development of dyiRg aroaRd said tanks, saitably sealed, to hold a leakage eapaeity eEJaal to one handred and fifteen (115%) percent of the tank eapacity. .^.ny eldsting storage tanlc that, in the opinion of the governing body, eonstitutes a hazard to the publie saf-ety shall diseoFltinae operations within five (5) years f-allowing enactment of this Ordinaflee, " ) All other Sections of this ordinance shall remain as written and approved by City Council. 1 Adopted by the City Council of the City of Andover on this 7th day ofSeotember, 1999, / '\ , ) A TIEST: CITY OF ANDOVER Victoria V olk, City Clerk J, E. McKelvey, Mayor .~ '\ / '\ 2 " / Regular A.ndover City Council Meeting A/inutes - September 7. 1999 Page 10 (Discuss Ordinance J09/Snowmobiles/Snowmobile Task Force, Continued) from Coon Rapids, At least it becomes a clear demarcation, Council discussion was on having a public hearing on the matter as quickly as possible. tvIr. Carlberg stated the Planning Commission could hold a public hearing on September 28 with the item brought to the Council in October. Motion by Jacobson. Seconded by Orttel. to authorize a public hearing for people to comment on whether the Council should ban snowmobiling in the southern part of the City except on their own property; send it to the Planning and Zoning Commission. Motion carried unanimously. SPECIAL USE PERMIT/SERVICE STATION/3657 BUNKER LAKE BOULEVARD NW/PRECISION TUNE \ ./ Mr, Carlberg reviewed the request of Precision Tune to construct and operate an automobile service station on property owned by Local Oil Company of Anoka at 3657 Bunker Lake Boulevard. The property is zoned Sc. Shopping Center. The Planning and Zoning Commission is recommending approval but directed Staff to examine the construction of speed bumps along the frontage road between that property and the SuperAmerica as a part of the commercial site plan approval. Dan Dagge. for Precision Tune - explained the residents to the north were concerned with the speed of traffic currently coming out of there from SuperAmt:rica and the amount of cars. They will moving the driveway lant: away from tht: main road and provide parking off that so cars can't go through thert: as fast. The maximum number of cars through Precision Tune is about five per hour. which is not much compared to traftic at the convenience store. They would not like to have speed bumps through there, as they cause other problems, Councilmember Orttel agreed. Mr. Dagge stated their company policy is that vehicles that stay over night must be inside, They are not a general repair garage but a tune-up facility, It is very rare to have a car there over night. The lighting will meet the City standards for foot candles over the property line, They will screen on the north and west sides adjacent to the residential properties, They have decided to shift the building to tht: east as far as possible and stay away from the residential areas. There will be a common driveway but some separation and easement for cross tramc, The purchase agreement requires that they do not block anyone's traffic, j"lotion by Orttel, Seconded by Jacobson, the Resolution. (Resolution R 194-99 approving the Special Use Permit) Motion carried unanimously. J)/ "DISCUSS REQUEST TO WAIVE A,UENDED SPECIAL USE -\ REQUlREMENTS/WASTE OIL STORAGE TANK/KOTTKE BUS COMPANY PERMIT ,"fotion by Jacobson, Seconded by Orttel. to deny the request and have the applicant go through the regular process for an Amended Special Use Permit. DISCUSSION: Council member Jacobson / /' '\ Regular Andover City Council Aleeting Alinures - September 7. 1999 Page 11 , / (Discuss Request to Waive Amended Special Use Permit RequirementslWaste Oil Storage Tank/Kottke Bus Company, Continued) noted there is nothing in the ordinance that allows the Council to waive that requirement. He felt there is an advantage of the process by gaining a better understanding of what is taking place, the concems, etc. Councilmember Orttel argued typically the proposal is not to change the use. In this case, they are only adding a tank. He suggested a revision of the ordinance be allowed to do this administratively when there is no change to the use, Councilmember Knight agreed having to go through the process when there is no change in use is a waste of time. VOTE ON MOTION: YES-Jacobson; NO-McKelvey, Johnson, Knight, Ortte!. Motion failed. Motion by Orttel. Seconded by Knight, that the Council authorize City Staff to prepare a provision for Ordinance 8 that would allow minor changes in the storage of petroleum chemicals that are no use type of changes to be handled administratively with all the checks required under the public hearing process to be completed by Staff; allow the Kottke Bus Company to go through under that process, Motion carried unanimously. / " APPROVE VARIANCE/16045 NORTH ENCHANTED DRIVEIDZUBAY ,"Iotion by Jacobson, Seconded by Ortte!. the Resolution from the Planning and Zoning Commission, (Resolution RI95-99) Motion carried unanimously, DISCUSS ORDINANCE NO.8, SECTIONS 4.05,4.21 AND 6.02/ACCESSORY STRUCTURES AND FENCES Mr. Carlberg reviewed the recommendations of the Planning Commission regarding the setbacks for structures and fencing on comer lots, The Commission recommended no change to the ordinance, It was recommended that the Zoning Ordinance be amended to require the fencing height on comer lots be reduced to four feet in the side yard setback from the street. This language will be placed in the revised Zoning Ordinance, Existing fences will be grand parented in, Motion by Jacobson. Seconded by Ortte!. that the Council concur with the Planning Commission's recommendation, Motion carried unanimously, APPROVE AMENDMENT TO ORDINANCE 233 AND ORDINANCE NO.8, SECTIONS 7.01 AND 7.03, PRIVA TE DOG KENNELS ( '\ ) \. / Mr. Carlberg explained the Planning Commission has recommended approval to require a minimum acreage requirement of 2,5 acres in residential districts for commercial or private dog kennel licenses. Commercial and private dog kennel licenses cannot be granted until a Special Use Permit / "\ J Regular Andover City Council ,\-feeting "'finures - September 7. 1999 Page I I (Discuss Request to Waive Amended Special Use Permit RequirementslWaste Oil Storage Tank/Kottke Bus Company, Continued) noted there is nothing in the ordinance that allows the Council to waive that requirement. He felt there is an advantage of the process by gaining a better understanding of what is taking place, the concems, etc. Councilmember Ornel argued typically the proposal is not to change the use. In this case, they are only adding a tank. He suggested a revision of the ordinance be allowed to do this administratively when there is no change to the use. Councilmember Knight agreed having to go through the process when there is no change in use is a waste of time. VOTE ON MOTION: YES-Jacobson; NO-McKelvey, Johnson, Knight, Ornel. Motion failed. Motion by Ornel. Seconded by Knight, that the Council authorize City Staff to prepare a provision for Ordinance 8 that would allow minor changes in the storage of petroleum chemicals that are no use type of changes to be handled administratively with all the checks required under the public hearing process to be completed by Staff; allow the Kottke Bus Company to go through under that process, Motion carried unanimously. , ) APPROVE VARIAiVCEII6045 NORTH ENCHANTED DRIVE/DZUBAY ,'t-/otion by Jacobson. Seconded by Orne!. the Resolution from the Planning and Zoning Commission. (Resolution R 195-99) Motion carried unanimously. DISCUSS ORDINANCE NO.8, SECTIONS 4.05,4.21 AND 6.02IACCESSORY STRUCTURES AND FENCES Mr. Carlberg reviewed the recommendations of the Planning Commission regarding the setbacks for structures and fencing on corner lots, The Commission recommended no change to the ordinance, It was recommended that the Zoning Ordinance be amended to require the fencing height on corner lots be reduced to four feet in the side yard setback from the street. This language will be placed in the revised Zoning Ordinance, Existing fences wiII be grand parented in, ,"'[otion by Jacobson. Seconded by Orne!. that the Council concur with the Planning Commission's recommendation, Motion carried unanimously. " APPROVE A,~[ENDMENT TO ORDINANCE 233 AND ORDINANCE NO.8, SECTIONS 7.01 / AND 7.03, PRIVA TE DOG KENNELS l Mr. Carlberg explained the Planning Commission has recommended approval to require a minimum acreage requirement of 2.5 acres in residential districts for commercial or private dog kennel licenses. Commercial and private dog kennel licenses cannot be granted until a Special Use Permit CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: September 7. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. Request to Waive Amended Special Use Permit Requirements Waste Oil Storage Tank Kottke Bus Company 1, Request Please find attached a letter from Joe Radermacher (pump and Meter Service Inc,) requesting to waive the Special Use Permit requirements to install a 6,000 gallon underground fiberglass oil storage tank at Kottke Bus Company (13625 Jay Street NW). They are petitioning the City Council to waive this requirement for the reasons as stated in their letter, Historv / Over the years, the City has required a number of businesses to comply with this Special Use provision in the Zoning Ordinance in order that City and the residents have some assurance that fire, explosion or contamination hazards are not present that would be detrimental to the public health, safety and general welfare. Please review and make a recommendation to Staff regarding this request. ~ R/vtfP { /~ y~~ tf lfV ~ 1 ~~)0/ / r ~~lJ ~ r ~ PIUHp cuu:l Melu $e/UJ.4,ce, ~#'U;. SER\'ICE . SAI.ES . I.'ST..' I,I.AT/(), I' '\ \ -7 ( Main Office. 11303 E.xcels;or Blvd. Hopkins. MN 5;J43 I'ho"o (612)933-4800. Fax: (612)939,0418 Email: pumpnmetc:r(~aol.com Bejin Pump Service. A d1\ISIOIl orf>lIlllp &: Me-I.:r SO:'"'\h:<:. lile 3497 129~ Stroot. Chippewa Falls. WI5H29 Phone: (715)723-8223. Fax: (715)723-7242 August 24, 1999 Honorable City Council City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 RE: Kottke Bus 13625 Jay Street Andover, MN Kottke Bus handl~$ a great deal of waste oil from oil changes in their buses. They have contracted with our Company to install a 6.000 gallon underground fiberglass waste oil storage tank to handle this (,il in a safe manner. We are secking a permit for this project from the City of Andover. lnll10st municipalities this would be an administration exercise. However, zoning has indicated this site requires a Special Use Permit. We are petitioning the City Council to waive Ihis requirement for lh~ following reasons: r" '\ I. rhe tank is underground and will not change the appearance llf the facility. 2. Tht: lank will meet all MPCA. NFC and EPA codes. 3. It will allow the safe handling of waste oil to the benefit and health and safety of the neighbors as well as Kottke Bus. 4. The facility has underground gasoline and diesel tanks now which m~et State and Federal codes. Why would the Ctty deny Kottke the ability to handle wastc oil in a better way. Thus what would a Special Use Permit hearing accomplish? r ") " Fueling Systems Inventory Controls 1 inp Tor';nt'r Electronic Gal/ging & PEl Fiberglass Tanks & Pipe ~=~ T.....I. Tn..";",? Self-Serv Equipment Auto Lifts & Parts r__,1 r_...__' ['"'._."04." Compressors Sen'ice Station Pumps rrru"n;o~ , SER\'ICE . SA I.ES . '-';ST.-\I,I..-\TI()' 7 I PUHt? cuJ AfelM $~, !JHC. Main Office. 11303 Excel.;o, Blvd. Hopkins, MN 53343 I'hone (612)933-1&00. f.." (612)939,0418 Email: pumpnmeler@aol.eom Bejin Pump Service. A dl\ISIOU o(l~unp &: Mc:t...-r ~"II;Io:. rne 3497129'" Slreel' Chippewa Falls, WI 54729 Phone: (715)723,8223. Fax: (7151723.7H2 August 24. 1999 Honorable City Council City of Andover 1685 Crosstown Blvd. N,W, Andover, MN 55304 RE: Kottke Bus 13625 Jay Street Andover. MN '\ Kottke Bus handlc:s a great deal of waste oil from oil changes in their buses. They have contracted with our Company to install a 6.000 gallon undcrground fiberglass waste oil storage lank to handle this oil in a safe manner. We are seeking a permit for this project from the City of Andover. [n J1Iost municipalities this would be an administration exercise. However. zoning has indicated this sitc n.:quires a Special Use Permit. We are petitioning the City ('"uncilto waive Ihis requirement for lhe lollowing reaS0ns: ( I. rhe lank is underground and willnc't change thc appearance of the facility. 2. The tank will meet all MPCA. NFC and EPA codes. 3. It \vill allo\v the safe handling of \vaste oil to the benefit and health and safety of the neighbors as well as Kottke Bus. 4. The facility has underground gasoline and diesel tanks now which meet State and F<.:Jeral codes. Why \\(luld the City deny Kllttke the ability to handle waste oil in a better way. Thus what would a Special Use Permit hearing accomplish'? , Fueling Systems Inventory Controls , ;"~ T~..~;__ Electronic Gauging & Fiberglass Tanks & Pipe ..,.. . - . ....... . tP.fb Self-Serv Equipmellt -iuro Ufrs & Pam Compressors Sen'ice Station Pumps '\ City of Andover / August 24, 1999 Page Two 5. Time delays would cause cold weather related problems during the school year, possibly affecting the support of school bus fleet, 6. It's the logical thing to do. We petition the City Council to act on this request at the first September Council meeting. Sincerely, JBRlcs PUMP & METER SERVICE, lNC, g^4' f'L6. . Joseph B. Radermacher President '\ / cc: Kottke Bus (Rick) Mayor Jack McKelvey .v.reff Johnson, Zoning Administrator '\ ) CITY of ANDOVER I' " , 1685 CROSSTOWN BOULEVARD N.w. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 NOTICE OF PUBLIC HEARING CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, September 28, 1999 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to amend Ordinance No, 8, Section 4.26 - Bulk Storage of Liquid Fuels, Said amendment will provide for an administrative permit procedure for all existing uses that have received Special Use Permit approval for the storage of bulk liquid fuels. 1'- " All written and verbal comments will be received at that time and location. A copy of the application will be made available at City Hall for review prior to said meeting, Jeff Johnson, Zoning Administrator Publication dates: September 17, 1999 September 24, 1999 f " ) , "' , -, , J J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 '.'. . NOTICE OF PUBLIC HEARING CITY OF ANDOVER COUNTY OF ANOKA STATE OF :MINNESOTA \, , / The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, September 28, 1999 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to amend Ordinance No.8, Section 4.26 - Bulk Storage of Liquid Fuels. Said amendment will provide for an administrative permit procedure for all existing uses that have received Special Use Permit approval for the storage of bulk liquid fuels. All written and verbal comments will be received at that time and location, A copy of the application will be made available at City Hall for review prior to said meeting, Jeff Johnson, Zoning Administrator Publication dates: September 17, 1999 September 24, 1999 '. - . ' .~. ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: October 19. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Community Development ITEM NO. Approve Amendment to the (0 ~evelopment Policy Guideline David L. Carlberg Community Development Director The City Council is requested to approve an amendment or modification to the Development Policy Guideline. The amendment to Section 3, provides for preliminary plats of urban residential developments of less than twenty (20) lots that are considered by the City Council as infill developments to be accepted after the July 1 deadline. '\ ) '\ / \ ) '. J \ / DEVELOPMENT POLICY GUIDELINE ARTICLE I - ANNUAL IMPROVEMENT PROGRAM SECTION 1, PURPOSE The purpose of this Article is to establish an outline of the procedure to be employed in the City of Andover for considering improvements originating either through petition, or Council initiative, This Article also provides an outline of developer responsibility and guarantees, SECTION 2, INTENT It is the intent of the Andover City Council to consider public improvements only once during each calendar year, except as otherwise provided in this policy, Subd. A. Justification 1,) The location of Andover in the metropolitan area and the projected growth patterns, will result in a change from a basically rural to an urban character. It is necessary and advisable that this transaction occur in an orderly process. An orderly process must be of prime concern to ensure that proper planning, safety, financial consideration, citizen participation and reorganization of change is accomplished and understood, 2,) This policy is not intended as a vehicle to impair growth and development; rather it is to assure that the growth and development, where it occurs, will be in an orderly manner utilizing proper planning and sound fiscal management. SECTION 3, PROCEDURE Subd. A. Preliminary Plat 1,) Submittal. A proposed preliminary plat for urban residential development shall be submitted to the City for review by the Andover Review Committee in accordance with Ordinance No. 10, Section 7.02. Urban plats of twenty (20) or more lots must be submitted on or before July 1 of each year to develop in the followinq year. Urban plats of less than twenty (20) lots that are considered by the City Council as infill developments within the current MUSA may be accepted after said date provided the plat is approved in accordance with Subd, A.2, " J No preliminary plat for urban residential development shall be submitted or accepted by the City for review until such time as the sketch plan review process has been completed in accordance with Ordinance No, 10, Section 6, 2,} Approval. A completed preliminary plat for urban residential development shall be acted upon by the City Council on or before December 31 of each year for urban developments of twenty (20) or more lots and Januarv 31 of each year for urban developments of less than twenty (20) lots in order for the plat to develop in the following year. Subd. B, Petitioned Improvements 1.} Petitions for streets, sewer, water and storm sewer, etc, must be received by the City on or before December 31 of each year for an urban plat consisting of 20 or more lots/units and on or before January 31 of each year for an urban plat consisting of fewer than 20 lots/units, Petitions for improvements in new subdivision will be accepted only if a preliminary plat has been approved by the City Council. '\ , ) 2,} ProjectslDevelopments located in the Metropolitan Urban Service Area (MUSA) shall follow the time schedule illustrated on the attached Exhibit A. The Council may amend the time schedule as deemed necessary. 3.} Upon receipt, the Council shall refer the petition to the City Engineer for preliminary study and report. The City Engineer and/or Consulting Engineer shall prepare and submit to the Council, a feasibility study and report on all proposed improvements by the second regularly scheduled Council meeting in January, 4.} Upon completion of the hearings, the Council will decide to order or to abandon each proposed improvement. For those improvements ordered, the Council shall: a} Order preparation of final plans and specifications, approve them, call for bids and may award contract(s}, b} Authorize Attorney to acquire all easements through negotiations or condemnation. '\ / c} Approve bond form, authorize and award sale of improvement bonds. The Council may authorize sale at any time total improvement cost estimates are known; however, delivery of bond 2 , , / Subd. B. 2.} monies cannot be made until after improvement contracts are executed, Council Initiated Improvement Considerations 1.} As part of its role, situations arise whereby the Council desires to consider projects on its own initiative. Similarly, it is an administrative responsibility to bring needed or visible improvements to the attention of the City Council. The procedure for this method of improvement origination and consideration follows the same pattern as outlines for petitioned improvements, except that the initial petition form is not required. In place of the petition, either a member of the Councilor the Administration presents a proposed resolution referring proposed improvements to the City Engineer and/or Consulting Engineers to prepare a feasibility report. Subd, C. Non-Assessable Proiects , I J 1.} Non-assessable projects can generally be described as those which provide a general benefit to the entire community rather than direct or areal benefits to a specific portion of the City. Examples of such improvements would be municipal wells, interceptor sewer lift stations, water storage facilities, and water treatment facilities. Such improvements are normally financed from funds dedicated for the specific purposes intended. 2.} Initiation. Non-assessable projects would typically be Council initiated, as scheduled in the Five-Year Capital Improvement Program(CIP}, Due to the generally unique nature of these projects, combining as part of an annual improvement program would serve no useful purpose, 3,} Procedures. The procedures for implementation of a non-assessable project shall be the same as those prescribed herein for Council initiated projects, except that the schedule shall be as established by Council as part of the CIP process. 4.} Hearings, Public hearings are generally not required for those projects, and will not be held unless specifically required for a given project. SECTION 4, DEVELOPER RESPONSIBILITIES '\ Subd, A, Development Agreement 3 \ J Thirty (30) days prior to ordering improvements for a proposed subdivision or development, an agreement with the developer which details the nature of the development, the schedule for implementation, the role for the developer, the role of the City and other affected agencies, and other items as may be deemed advisable by the City Attorney shall be entered into by the City and developer. The development agreement shall become effective at such time as the Council orders the improvement(s). No improvement shall be ordered without a mutual agreeable agreement in place, Subd, B, Developer Guarantees As stipulated in the development agreement, the Developer shall post with the City surety(ies) in a form acceptable to the City Attorney, and in amounts approved by the City Engineer for the following purposes: 1,) Developer's improvements (grading, lot staking, erosion control, street lighting, etc,), , \ . J 2,) Assessments for Public Improvements: a.) Street Grading and Drainage, b.) Utilities (Sanitary Sewer, Water and Storm Sewer), c.) Street Construction (Concrete Curb and Gutter, Gravel Base and Bituminous Pavement), d.) Boulevard Restoration. 3,) Relocation and/or Protective Improvements for Non-Municipal Utilities (Cash Deposit Only), 4,) Developer-Constructed Public Improvements if so approved by the City, SECTION 5, ENGINEERING OPTIONS AND RESPONSIBILITIES The City Engineer shall have the option and be responsible for expanding petitions to provide for continuity and rational extension of proposed improvements. Whenever this occurs, it shall be brought to the attention of the Council in the feasibility study and report. The Council shall then give consideration to altering the proposed improvement from petitioned improvements to Council-Initiated. In the interests of economy, the City Engineer shall combine like-type improvements in developing the final plans and specifications to reduce improvement costs, \ / 4 \ SECTION 6. IMPROVEMENT AHEAD OF SCHEDULE The Council may give consideration to advancing developer financed improvements subject to the following: Subd, A, Applicant(s) shall state intention with the petition for improvement and may include a request for waiver of hearing. Subd. B. Council shall refer petition to the City Engineer for feasibility study and report, and shall determine whether or not a public hearing is required or warranted. If a public hearing is required or warranted, the City Engineer shall indicate to Council how long the feasibility report will take, and shall set the public hearing date accordingly. If there is no public hearing, consideration will be given upon submission of the feasibility study and report. Subd, C. Council shall consider improvement proposal after receipt of feasibility study and report, If Council approves the proposed improvement, preparation of final plans and specifications will be ordered upon receipt of a security deposit of one and one-half (1 %) times the City Engineer's cost estimate to prepare the plans and specifications, , J Subd, D, Council then shall approve final plans and specifications, order call for bids, receive bids and award contract. Any easements necessary will be so authorized for acquisition by the City Attorney. SECTION 7, RURAL STREET IMPROVEMENTS All new development located outside the MUSA will require to meet the Standard Specifications for Rural Residential Street Construction. The City shall not construct rural streets under public contract where a new subdivision is being or has been created unless the benefiting property owners petition the City and proceed as authorized by Chapter 429, Laws of Minnesota. The City may, at its option, consider public contract construction of rural street improvements where an unimproved rural road presently exists. This option shall be exercised on a priority basis with rural roads having the potential to become routes of collector classification or higher, given the highest priority. The second priority will be given to other streets where the best interests of the general public are served, SECTION 8, NON-MUNICIPAL UTILITIES Where non-municipal utilities, such as pipelines and electrical lines cross a \, subdivision, it shall be the responsibility of the developer to pay the costs necessary / 5 for the relocation, realignment, and/or protection of such non-municipal utilities, The , , developer will have the following option: Subd, A, The developer may have the utilities relocated, realigned, and/or protected by the appropriate utility company in advance of Council ordering any public improvement project. Approved by the City Council on November 16, 1993. Revised: July 16, 1996 January 21, 1997 February 16,1999 July 20, 1999 October 19, 1999 PETITION: \ , j Council Declare Adequacy, Order Report 2-3 weeks Receive Report 5 weeks Public Hearing Process 3 weeks Plans and Specifications 4 weeks Bidding Process 5 weeks Award Bid 2 weeks 5 to 6 months 22 weeks Construction 3 months 12 weeks Total Time 8 to 9 months 34 weeks Assessment Process 2 months 8 weeks 10 to 11 months 42 weeks \ , / 6 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 19.1999 AGENDA SECTION ORIGINATING DEPARTMENT Staff, Committees, Commissions Planning Jeff Johnson ITEM NO. Approve Ordinance Amendment ~~' No. 229C - Regulating Parks Reauest The City Council is asked to review and approve an amendment to Ordinance No, 299 (Ordinance No, 229C) - Regulating City Parks, The Park and Recreation Commission has reviewed the proposed language and recommends (unanimously) to the City Council the changes in Section 2 relating to Pets and Animals. Attachments \ .J Ordinance Amendment No, 229C Park and Recreation Meeting Minutes (9/16/99) " , " ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO, 229C AN ORDINANCE AMENDING ORDINANCE NO, 229 - ESTABLISHING A PARK AND RECREATION COMMISSION AND REGULATING CONDUCT IN PUBLIC PARKS AND TRAILS; PROVIDING FOR ENFORCEMENT; AND PRESCRIBING PENALTIES FOR VIOLATIONS, The City Council of the City of Andover hereby ordains as follows: Section 2. City Park and Recreation Area Rel!:u1ations. C, Alcoholic Beveral!:es, Consumption or possession of alcoholic beverages is not permitted unless a permit is obtained under Section 2fe)@1 K. Pets and Animals. All domestic animals (such as dogs, cats and similar animals) must be kept leashed 8r uRder eSRtrsl. Pets tHat are SR er adjaeeRt to atHletie fields ffiHst Be leashea. Owners are required to clean up and dispose of their pet's excrement, \, No domestic animals shall be allowed on or within the following City Parks (with the exception of the perimeter trail along Crosstown Boulevard NW) at any time: ) 1. Sunshine Park, 2. City Hall Park Complex #1. Horses shall not be allowed oRl)' iR ElesigRateEl areas, in anv park area including the City trail svstem. No person shall hunt, molest, harm, kill, trap, chase, tease or throw missiles at any animal, reptile or bird, No person shall remove or have in possession the young of any wild animal or have the eggs or nest or young of any reptile, mammal or bird; exception to the foregoing is made in that snakes known to be poisonous, such as rattlesnakes and/or other hazards to human safety may be killed or removed. " / 1 \ ) Page Two Ordinance No. 229C All other portions of this section and all other sections of this ordinance shall remain as written and adopted by the City Council. Adopted by the City Council of the City of Andover on this _ day of ,1999. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk J. E. McKelvey, Mayor \ ) . "- J 2 ( I ) i / / I i f I --r.-..--- --, ..",- '\ Page 3 ) Commissioner suggested that a letter be sent to the Hockey Association notifying them to come to the City and submit schedule for rink use if they are in need of them before the season starts. Mr. Haas suggested that Staff should only accept applications ~at are submitted by a director. The Commission agreed. Mr. Haas stated that he ""iII be bring the item back for the Commission to review the application. Chairperson Blackstad requested that they also review the tournament application. Chairperson Grabowski suggested that a letter be sent to the football association stating that if they do practice on a field without having a scheduled time they will be asked to leave. DISCUSS ORDINANCE 229, SECTION 2K (PETS IN PARKS), CONTINUED Mr. Haas stated that at the September 2, 1999 Park and Recreation Commission meeting, the Commission reviewed an amendment to Ordinance No. 229, Section 2 (K) relating to animals in parks. Staff revised the ordinance based on input from the Commission. Commissioner Grabo",,'ski suggested that the wording should be "Horses shaII not be alIowed in any park area including the City trail system." Chairperson Blackstad stated that the ordinance should refer to Public Parks and City Trails. lrlotion by O'Toole, seconded by Anderson, to recommend City Council approve the amendments to Ordinance No. 229, Section 2 (K). Motion carried on 5- ayes, 0 - nays, 2- absent (Kieffer and Lindahl), 0- present vote. Commissioner Grabowski requested that the ordinance be posted in the glass case at Sunshine Park after it is approved. '- UPDA TE OF Y2K BUDGET ,lIEETING Mr. Haas noted that the City Council scheduled a special meeting on September 20, 1999 at 7:00 p.m. At this point the Finance Department has proposed $30,000 for the year 2000 Park Capital Improvement Budget. There are no guarantees that this wiII remain in the budget as there are still cuts being made to balance the budget by the City Council. "- J REVIEW OF TIMBERS RIVERS PARK PLAN Mr. Haas stated that the Park and Recreation Commission is requested to review the proposed Timber Rivers Park plan and the trail that is proposed to be constructed to the dock/fishing pier. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '. ) DATE: October 19. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Probationary Period/General Clerk! Margaret Engstrom Scott Erickson,~ Engineering Frank Stone, J2. Public WorksHS The City Council is requested to approve the successful completion of the 6 month probationary period for Margaret Engstrom, General Clerk for Engineering and Public Works. Margaret has demonstrated a high level of professionalism and expertise and is an asset to the Engineering and Public Works Departments. " ) '\ ,/ CflY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE:October 19, 1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion City Cler~.U' ITEM NO. q. Approve Hire/Public Works Secretary Interviews for the Public Works Secretary position will be conducted on Monday, October 18, 1999. A recommendation will be presented to Council at the meeting. ) '. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: October 1 9. 1 999 AGENDA SECTION ORIGINATING DEPARTMENT NON-DISCUSSION/CONSENT Administration Richard Fursman ITEM NO. \ D. Appoint Finance Director Backl!round: A final proposal is being developed and negotiated by me at this time to fill the position of Finance Director. A tentative offer subject to council approval was offered to James Dickenson that fits into the 2000 compensation scale. The general terms offered are: Start = $61,974 January 1,2000 = $62,521 Six months = $64,728 '\ ) Benefits would be placed at the 5-7 year range. '. J \ I \ / " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 19. 1999 AGENDA SECTION Non Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Approve ASUP 99-16 Temporary Classrooms l \ Constance Free Church . 16150 Crosstown Blvd. NW ReQuest Megan Barnett Planning Intern The City Council is asked to approve an Amended Special Use Permit to allow for the placement of four temporary classroom trailers onto the parking lot of Constance Free Church at the property located at 16150 Crosstown Blvd. NW (PIN 14-32-24-14-0001,0003,0005). The property is zoned R-l, Single Family Rural. Plannin!! and Zonin!! Commission Review The Planning and Zoning Commission voted 7-0 to approve the resolution at the September 28, 1999 meeting with limited discussion. The Commission did set a a ninety-day period comencing upon City Council approval, for the use of the temporary classroom trailers. Since the September 28, 1999 Planning and Zoning Meeting Constance Free Church and the Building Offical, Dave Almgren, have been in contact to resolve the Uniform Building Code Issues. Attachments . Planning and Zoning Minutes - September 28, 1999 . Resolution for approval . Planning and Zoning Staff Report - September 28,1999 I Regular Andover Planning and Zoning Commission Meeting Minutes - September 28, 1999 Page 24 \ i Chair Squires stated the Commission should be cautious and not base their judgement on whether or not this change is prudent. He explained it was not prudent or appropriate to recommend an amendment to the ordinance based upon one issue, the difficulties of Pump and Meter Service, Inc. Commissioner Hedin noted Item 6 of the Pump and Meter Service's letter, which indicates that this administrative procedure is the logical thing to do. He stated the public hearing was also the logical thing to do, and he would not like to take away the resident's ability to know what was going to be installed underground, next door to them, particularly if it is a 500 gallon underground gas tank. Commissioner Jovanovich stated she thought they should maintain the public hearing process. Motion by Hedin, seconded by Falk, to open the public hearing at 9:04 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. There was no public input. Motion by Apel, seconded by Jovanovich, to close the public hearing at 9:05 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. E ~ J Motion by Apel, seconded by Hedin to Direct Staff to Make No Changes to Ordinance No.8, Section 4.26 - Bulk Storage of Fuels. Motion carried on a 7-ayes, O-nays, O-absent-vote. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT (ASUP 99-16) - ADDITION OF PORTABLE CLASSROOMS - 16150 CROSSTOWN BOULEVARD NW - CONSTACE FREE CHURCH. Planning Intern, Megan Barnett stated the Planning and Zoning Commission is asked to review an Amended Special Use Permit request by Constance Free Church, to allow four (4) temporary classroom trailers to be placed onto the church parking lot located at 16150 Crosstown Boulevard, NW. She stated the subject property is zoned R-I, Single Family Rural. Ms. Barnett provided the Commission with an overview of the applicable ordinances and the criteria presented. Ms. Barnett stated Constance Free Church was constructed in 1994, under SUP 94-06. On May 4, 1999 they were granted an Amended Special Use Permit to construct a 13,000 square foot addition, and are presently requesting a Special Use Permit to place four (4) temporary classroom trailers onto the parking lot. '\ / Ms. Barnett stated the applicant has submitted a site plan, which indicates the size and location of the four temporary trailers. She provided the Commission with a copy of the site plan, as well as pictures of the site. .Regular Andover Planning and Zoning Commission Meeting Minutes-September 28,1999 Page 25 \ , J Ms. Barnett stated the temporary classroom trailers were proposed to be placed on the church parking lot, however, the Uniform Building Code may prohibit this, therefore, the placement of the classroom trailers could be altered through the commercial site plan process, Ms. Barnett stated each of the temporary classroom trailers would be twelve feet by fifty-six feet. She explained the temporary classroom trailers are needed to provide education rooms while phase two of the church addition is being constructed. She indicated they will need the classrooms for four to six weeks, and that time will commence pending approval by the City Council on October 19, 1999. She advised the Commission should set forth a date that establishes a deadline for removal of the temporary classroom trailers. Ms. Barnett stated Constance Free Church has been notified in writing by the Building Official; of the procedural requirements that must be met for the placement and installation of the temporary classroom trailers, and the Andover Review Committee will review the commercial site plan for compliance of placement and site requirements. Ms. Barnett stated staff would recommend a fourth condition be included in the resolution, which states the applicant must comply with all Uniform Building Codes. \ , I Ms. Barnett provided the Commission with an outline of the available options for action. Commissioner Apel stated the temporary classroom trailers could not possibly comply with all of the Building Codes, and in light of this, inquired if the fourth condition recommended by staff might prevent the project from proceeding. City Planner John Hinzman stated they have gone through the process of temporary classroom requests with other churches and schools, and the regulations are quite extensive. Commissioner Apel explained, however, this was based upon a special section of the Building Code, and staff's proposed condition simply refers to the Building Code. Ms. Barnett indicated the requirements had been provided in the Commissioner's packets, pursuant to Building Official, Dave Almgren. Commissioner Apel noted that the specific Building Codes were not presented therein. Chair Squires inquired if Constance Free Church had seen the information provided by the Building Official. He noted this indicated that the foundation was to withstand required loads and forces, and required the construction of a non-combustible link between the unit and the main building, i.e. steel, concrete, or block. He stated he had firsthand knowledge of these portable classrooms, and how the Building Code impacts them. He stated these requirements were onerous, in his opinion, and \ inquired if the Building Code issues were not within the Building Official's purview. He inquired if J . Regular Andover Planning and Zoning Commission Meeting Minutes - September 28, 1999 Page 26 \ I they would not have to meet the Building Code whether or not it was added as a condition to the resolution. Mr. Hinzman stated the applicant must meet those requirements by state statutes, however, the provision is sometimes included as a "catch-all" to make the applicant aware of those regulations. Chair Squires stated he would not be privy to use of the Building Code to impact the desire of a Church to put in temporary classrooms as he thought this might. He added he would not agree with a provision that will make the situation for the Church, and their desire to put in the classrooms, so difficult. Commissioner Apel stated the inclusion of these requirements was tantamount to saying "no." Chair Squires explained the Building Code requirements for temporary classrooms, as interpreted by the City of Andover, require substantial foundation work, i.e., many very large piers of concrete below the frost line and under each unit, as well as the combustible link, which is actually the construction of a structure which connects the existing Church with these temporary facilities. He stated the cost of this compared to the cost of temporary facilities themselves, and the period of time for which they will be used, make the project in many cases cost prohibitive. , , , I Commissioner Dalien stated School District 11 behind the Crooked Lake School had a temporary classroom for a very long time, and he did not recall this structure having a combustible link. Commissioner Apel stated this condition is very onerous. He inquired what the applicant would do with the pilings when they remove the trailers, adding it would be very expensive to cut them down to the level of the parking lot. Commissioner Dalien added these structures were only to be used for a four to six week period. Chair Squires stated each city or jurisdiction that has adopted the Uniform Building Code is responsible for its enforcement, and he believed Dave Almgren, as the Chief Building Official, makes judgments and interpretations about what the Code requires. However, the Code does not address every situation that exists, and the Building Official must exercise his discretion for a. particular situation. He reiterated he had seen this situation before, and was aware how the regulations apply and unfavorably impact the ability to proceed. Commissioner Hedin inquired if the Building Official could enforce t~e fourth condition, without its inclusion on the resolution. Chair Squires stated he might well be able to. He explained, however, he would not be party to it. Mr. Hinzman stated he believed the fourth condition was a moot point, in that if Dave Almgren \ wanted to enforce a matter, he could do so, regardless of the conditions of the resolution. ) Regular Andover Planning and Zoning Commission Meeting . Minutes - September 28, 1999 Page 27 Chair Squires stated the Building Official should be reasonable in terms of these types of facilities for Churches and the like, recognizing their temporary nature. Commissioner Apel stated staff could draft the Special Use Permit, however, in essence the Building Official will have the fInal word, and the applicant will have to comply with the Building Code. Mr. Hinzman stated staff could work with the Building Official in this regard. Commissioner Apel stated the first three conditions of the resolution were harmless, and suggested the Commission recommend approval of the resolution with these three items, and include the date of the commencement of the project, he would leave it up to the Building Inspector as to how he would like to proceed with the Building Code requirements. Chair Squires stated he would like to include some discussion that recommends to City staff that they work with the Church to accomplish the objectives within the confmes of the Code. Commissioner Apel stated this project was simply to provide a shelter for the students, and the trailers are temporary. He inquired why they should be treated like a permanent structure, with combustible links entrance and permanent foundations. He explained some of the construction on ,'\ slab-on-grade homes did not have these requirements. He stated the question was whether they were " going to consider temporary structures within the City of Andover as temporary structures, or set such onerous rules and enforce building codes that essentially would prohibit them. He explained when people want to move a trailer onto their land after a tornado or fire, and are given permission to live in that trailer for a short amount of time, they are not required to provide a permanent foundation. Commissioner Daninger inquired if these regulations were safety oriented. Chair Squires stated much of the concern has arisen out of some high profile cases in the media regarding portable classrooms that were alleged to be structurally unsafe. Forest Lake School District and some GE Capital units that the Building Official had concluded were they were structurally unsound, and now when anyone says "portables", it is assumed the structures will fall down. Jerry Hibma, representative of Constance Free Church, the applicant stated they would want the classrooms to be safe. Chair Squires stated he did not believe there was any doubt that the Church would not put children in the portables believing them to be dangerous. '\ Motion by Apel, seconded by Jovanovich, to close the public hearing at 9:15 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Regular Andover Planning and Zoning Commission Meeting 'Minutes - September 28, 1999 Page 28 , J Commissioner Falk asked if the Commission was set forth a date that establishes a deadline for the removal of the temporary classroom trailers. Mr. Hibma stated they would be ready to remove the trailers at the end of December or in the middle of January at the latest. Commissioner Daninger stated they were anticipating October 19, 1999 City Council approval so they could base the date upon the date of approval. Commissioner Ape! stated the City typically uses a ninety-day time period for temporary trailers for housing. Chair Squires suggested ninety days from approval by the City Council, and Council could adjust the date as necessary. Motion by Hedin, seconded by Apel to Recommend Approval of Resolution No. R -99, a Resolution Approving an Amended Special Use Permit Request of Constance Free Church to Allow for the Placement of Four Temporary Classroom Trailers Onto the Parking Lot at the Property ,'\, Located at 16150 Crosstown Boulevard, NW (PIN 14-32-24-14-0001, 0003, 0005), With the Date . / Inserted into Number Three, as Calculated. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman noted the comments made with the Building Official's review of the permit, to see if he better defines the temporary use of a structure. Commissioner Apel suggested staff might make the Building Official aware of the costs and issues involved, however, ifhe takes a strong position in this regard, it is within his purview. Ms. Barnett stated this matter would be considered at the October 19, 1999 City Council meeting. OTHER BUSINESS. Mr. Hinzman reported on previous Council Action from the September 21, 1999 City Council meeting. He stated the City's right-of-way ordinance; Ordinance No. 247 had been tabled pending further review of the Council and the City Attorney. \ I .> Mr. Hinzman stated at the next meeting of the Planning and Zoning Commission, the Commission will consider a Special Use Permit request by US West Wireless to construct a telecommunications tower in a revised location which is proposed to be approximately 100 feet west of the original site. He noted there would be consideration of a Land Reclamation Permit on South Coon Creek Boulevard, three Special Use Permits for Andover Station, a Moving Permit to bring a home into the City, a permit for a garage before principal structure on the same property, and the possibility of a \ , / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT REQUEST OF CONSTANCE FREE CHURCH TO ALLOW FOR THE PLACEMENT OF FOUR (4) TEMPORARY CLASSROOM TRAILERS ONTO THE PARKING LOT AT THE PROPERTY LOCATED AT 16150 CROSSTOWN BLVD. NW (PIN 14-32-24-14-0001, 0003, 0005). WHEREAS, Constance Free Church has requested an Amended Special Use Permit to allow the placement of four (4) temporary classroom trailers onto the church parking lot at the property located at 16150 Crosstown Blvd. NW (PIN 14-32-24-14-0001, 0003,0005) legally described as follows: That part of the East 971.35 feet of the Southeast Quarter of the Northeast Quarter of Section 14, Township 32, Range 24, Anoka County Minnesota, lying southerly of the North 103 feet thereof. (As measured along the South and East lines thereof.) , ) Except that part described as follows: Beginning at a point on the East line of said quarter quarter 103 feet South ofthe Northeast comer thereof: thence south along the said east line 660.20 feet; thence west parallel with the north line of said quarter, 330 feet; thence north parallel with said east line 660.20 feet; thence east parallel with said north line to the point ofthe beginning. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following conditions: , ! / \ / " J '. ./ Page two SUP 99-16 Constance Free Church October 19, 1999 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 2) The applicant shall receive Commercial Site Plan approval from the city prior to the placement of the temporary classroom trailers on said property. 3) The four (4) temporary classrooms shall be removed within ninety (90) days after approval by the City Council. Adopted by the City Council ofthe City of Andover on this 19th day of October, 1999. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk lE. McKelvey, Mayor ) CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: September 28. 1999 ITEM NO.6 ORIGINATING DEPARTMENT ASUP 99-16 Temporary Classrooms Constance Free Church 16150 Crosstown Blvd. NW Planning Megan Barnett Planning Intern Reauest The Planning and Zoning Commission is asked to review an Amended Special Use Permit request by Constance Free Church, to allow four (4) temporary classroom trailers to be placed onto the church parking lot located at 16150 Crosstown Blvd. NW (PIN 14-32-24-14-0001, 0003, 0005). The property is zoned R-I, Single Family Rural. \ ) Auulicable Ordinances Ordinance No.8, Section 5.03, regulates the Amended Special Use Permit process and outlines the following criteria for review: 1) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants ofthe surrounding land. 2) The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land, 3) The effect on the values of property and scenic views in the surrounding area. 4) The effect of the proposed use on the Comprehensive Plan Ordinance 8, Section 7.03, allows churches as a special use in residential districts. " / \ , / Page Two ASUP 99-16 Constance Free Church September 28, 1999 Adiacent Land Use Adjacent land uses to the north, south, east, and west are all zoned R-l, Single Family-Rural. Backe:round Constance Free Church was constructed in 1994 under SUP 94-06. On May 4, 1999 they were granted an Amended Special Use Permit to construct a 13,000 s.f. addition. An Amended Special Use Permit is needed to place four (4) temporary classroom trailers onto the parking lot. General Review . The temporary classroom trailers will be placed on the church parking lot. . Each temporary classroom trailer will be twelve (12') feet by fifty-six feet (56'). . The temporary classroom trailers are needed in order to provide education rooms while / phase two of the church addition is being constructed. . The projected amount of time the classroom trailers will be needed is 4-6 weeks. This time frame will commence pending approval by the City Council on October 19, 1999. . The Commission should set forth a date that establishes a deadline for removal of the temporary classroom trailers. . The placement and use ofthe proposed classroom trailers will meet Uniform Building Code Regulations. . Constance Free Church has been notified in writing by David Almgren, Building Official, of the procedural requirements that must be met for the placement and installation of temporary classroom trailers. . The Andover Review Committee will review the commercial site plan for compliance of placement and site requirements. Commission Ontions 1. The Planning and Zoning Commission may recommend to the City Council approval of the Amended Special Use Permit request for the placement offour (4) temporary classroom trailers onto the existing lot of the Constance Free Church located at 16150 Crosstown Blvd. NW, legally described on the attached resolution. '\, The Commission finds the request meets the requirements of Ordinance No.8. '\ ) / , '\ ) '\ j Page Three ASUP 99-16 Constance Free Church September 28, 1999 2. The Planning and Zoning Commission may recommend to the City Council denial of the Amended Special Use Permit request for the placement of four (4) temporary classroom trailers onto the existing lot of the Constance Free Church located at 16150 Crosstown Blvd. NW, legally described on the attached resolution. The Commission finds the request does not meet the requirements of Ordinance No.8. In recommending denial ofthe request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. Attachments . Resolution . Location Map . Site Plan . Site Pictures . Temporary classroom trailer procedural requirements . Amended Special Use Permit Application . Notice of Public Hearing " I / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT REQUEST OF CONSTANCE FREE CHURCH TO ALLOW FOR THE PLACEMENT OF FOUR (4) TEMPORARY CLASSROOM TRAILERS ONTO THE PARKING LOT AT THE PROPERTY LOCATED AT 16150 CROSSTOWN BLVD. NW (PIN 14-32-24-14-0001, 0003, 0005). WHEREAS, Constance Free Church has requested an Amended Special Use Permit to allow the placement off our (4) temporary classroom trailers onto the church parking lot at the property located at 16150 Crosstown Blvd. NW (PIN 14-32-24-14-0001, 0003, 0005) legally described as follows: That part of the East 971.35 feet ofthe Southeast Quarter of the Northeast Quarter of Section 14, Township 32, Range 24, Anoka County Minnesota, lying southerly of the North 103 feet thereof. (As measured along the South and East lines thereof.) , \ ) Except that part described as follows: Beginning at a point on the East line of said quarter quarter 103 feet South ofthe Northeast comer thereof: thence south along the said east line 660.20 feet; thence west parallel with the north line of said quarter, 330 feet; thence north parallel with said east line 660.20 feet; thence east parallel with said north line to the point ofthe beginning. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval ofthe Amended Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following conditions: , i ) / , ., ) '. / Page two SUP 99-16 Constance Free Church September 28, 1999 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 2) The applicant shall receive Commercial Site Plan approval from the city prior to the placement of the temporary classroom trailers on said property. 3) The four (4) temporary classrooms shall be removed within ninety (90) days after approval by the City Council. Adopted by the City Council of the City of Andover on this 19th day of October, 1999. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J.E. McKelvey, Mayor .@ :1 ,I I LEGEND , !uble<:t Property / _ $ttHt Center Lines P:areels ~ Lot' Parcel Boundanes Rlght-at.Way Water Fe.utes City of ASUP 99-16 CONSTANCE FREE CHURCH Andover I TEMP. CLASSROOM TRAILERS o 350" ~bllltng Boundary o Propertln Norrfied N A Sources: Andover Engneering Andover GIS Anoka County GIS 1 mch .. 490 (eet RF. 1.S.813 Map Date: Apri115, 1999 ~ ') ~ 10 , / '-' \~ 1--'< ~ ~ ~ ~ ....., .... \~ ~ .J ~ G \~ > u: ... ~ . u.. 9 ~ ~.~ ~ ~. IJJ ~. .J p.~ ~ ~ u :;,. ""- <C ~ --9 ~ j ~ ~3 ;;, ~ '^ ~ .s Gt "5 v ~ ~ ~ \5 ? :t 0 .. ~~ ~ ill ~ ..J f 0 ~ S ~ <;0 ~ -..!) "- ~ ~ J - ~ ~ ~ ~ SEP-0a-99 08:59 AM SPACE r,iii ~ a , .. I to . !! ~a 1'1 g I ~ ~ , I j !tl I r~ :.: .. .. .. '" a , !'& 1 !' ." .. , , ~ ~ ;t I <<. " X Ii I:i' ;~ l~ ~~" i f;~II ri j~ i~ . ;. ! - · "0 f11 ~ , ~ '\}I ~ . a AI~ ~~bC)~ c:: t:J11 ("'1 "-- . I ~ '" I ~ ~Ig .....Cl~ C OJ I ~ ~I~ t I ~ ~I ~ I r. c...,~. C I\"'i . ~ ~ ;; I I , n . I ;'l , : ,~ ,(I) 0 ~. i~ktl~ : !! I U C::' ~ , . r. ' · : "Ill' . '. ...... . 4 .. ;~~f~ ~ c9 .,., o :;::0 -0 ~.., Q C.:;; C:.'~: r\ _.- -- . o ~~~a~ . ~ E Ii ! u I~ @e e~ ~I ,.. "if - :5 ~ ~ S :t: ~I i i iI ;:;: I i ~ ~ - ~ ~ IIi :s )( -< :I( ... ... " ~l I il~ :& - 0_ - 8-8 a 0 0 :0 Ie: ... , , , ,~ I I I I _.I . . ~ ~ ~ i Z !i rr-;-f.. . -: l~ I i~ I I I , 612 4356364 P.03 ! () I ;~ 1"- , ~~ I I: I I~ I I I I :0 @. ~ ~~ ~~ ...., I ~&> \ i _.~J i~Tli I ,6- to 1"- '. ., I Looking North from Consta.Q, i","-'" , , . J " CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. ~ ANDOVER. MINN.ESOTA 55304. (612) 755-5100 ' . ' . '_ _~' _ .__ _ .'." " _, J:" .': " ::. _:-".--~;. '~__' .4>."~"'~'-' "', ~ 3. There shall be a noncombustible link betWeeilthew'rit and the m:airi building. The ~ii1k , needed because the restrooms are hi the main bUilding. It shall be so constructed' as to .:. , keep out the weather. It shall be handicap accessible: '. ~,:"., . 0" ',. ,;~~:,:,:,;,~;-,:~,,~':--, ;-,_". . - . . ~ . - ~ . . . ~ 9 .... - . .' Pr.I;lcedUre~-fof .Temporary, qassrooni:U~fug Trari~~IM~bi! Ii~iii~{"~~::.?'::':~ ~ ':;' '~;',: :,-,,,~~.,.\:..i" ....,~ -t.'~~;.-'''. ~- - ~. -.. . ,; '~'~".; --~ ~~-':j...,~ ;)~:'~-~::~}~:(:~<. <~~"":~~' ;~...-::.'.) -, :.::~--;. .~.. ':::"..~' ;:::i~~-.-~? ~. -.\ ~~>,-'/?-~::!;:.~':::_:::;;::{~::,~!.'~;.~' ~,~-;': :~>~'.l~"':-.~ .:. ~ }, ,The traiierhas tq be,looked a.tby a'structuralengineer todeterIDinethat.iqvill, ~e" structurally sound for the tise.':'" . ':"'., ' " ',- ':'-," ,'" ' , ,'.' ,,:,.: ,:: ";':'" '. . J . .:,-"'" '- , , J '. / ~3EP 1'~ "39 13:33 FR CITY OF A~lDOl,)ER 612 755 8923 TO 4348080 P.02/07 " / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 5S304 . (612) 755-5100 A)(~d SPBCIAL USE PElUfIT Propert.y Address I ~ I So C-b>muJlV !&..vl)_ Alw Legal Description of Property: (Pill in ~hichever is appropriate!: . f dEt: A1fic.c#ej) Lot Blocle Addi tion CITY of ANDOVER / , ) PINEJ43~~-f.14 O(JaIO~54-(J'1I7 (If metes and bounds, attach the complete legal '5te ~~ description. ) Is the property: Abstract~AJtdS I') or Torrens ~Artltt1-? (This information must be provideQ and can be obtained from the County _ ) ----------------------------------------------------------------- Reason for Request 10 Rec.EIVe ~~~l't\(O'" 10 T~fcl~tt-y fC4c~ RENTAL CL-+S~~Ok J~<.e-R~ 0"; T~ f'AttKwCD LaT ~ 6DVC+7r*' fZ<J'o~s. Dr:.LA'{ffD CuM"l~n~~ 111' flHI'rSf. :<.. UtvJT/t.v<.--12.u\/ {AJf(( tf-t4Kt:- /H.lS (l/'r;C!s~4-<.Y hi.tt 1/b tf,{WlE fF{.M/ 4-' we-cKS ,4~~ AflawM... C9AJ <X::r($)8€~ let I lqqq. S~c SfA~ ~~llk PlAJJ Mt~s'P Pr\ A"v Gt.I4A!(ti - w~ A-'lf5 7X:EJ1.v6r o7H5f( B tP5 p Section of Ocdinance CUrrent zoning ----------------------------------------------------------------- Name of Applicant J6e.t.V 1t1C31W\ t\ddcess l5".3,D U fU\.vbER t5T. NlJJ Ll-V~Vt,( l;S'3tJf- Home Phone ~l~ lS4 '31't(O Business Phone ~l2. 7St'{ 7201 Signature ~~ ~_ Date ~1t;).Jcrl ----------------------------------------------------------------- / Property Owner (Fee Owner) (If different from above) , Address Home Phone Business Phone Signature Date ~r:-?-C.=:-L?-:-'? 1.1: 55 ~ ;;;=,~ .' Ll:I[{iE 612 712 1D15 \, ) :;:-':'1.:: :ro. C::~-4~: =)(' SCBEDl]!..E C :'!:.a ':'anc ::efe~r~a Anoka ~s si~ua~ed in the State of ~~ "'" M:.n.."~sc t" follows : , Cct:.nty , ~C is cesc=ib~~ as ?~=cel 1: Co~er.cing a~ a peint 10 roes North of the Sou~heast corr.e~ of t~e Nort~east C~arte~ of Section 14, TO~~5r~~ 32, Ra:1~e 24, thence North 20 rods. t~ence ~est 12 ~ods, t~e~ce Sou~~ 20 rods, thence East ~2 reds to L,e ~oint 0: concr,enc~ent. Anoka County. ~r~esota. Abst~act Froper:y ?arcel 2: That part of the East 971.35 feet of t~e Southeast Quarter 0: t~e Northeast Q~ar~er of Section 14. TO~s~p 32, ~ge 24. Anc~a COULty, Mi~~escta, lying Southerly cf the ~crt~ 103 feet t~ereo=. (As ffieas~red along the SOt:.th an1 2asc li~as t~e=eo:.) ~xcep~ ~~c part descri=ed as follows: 3egir~i~g at a ~ci~: on the East line cf said ~~arter q~arter 103 fee: Sout~ cf Northeast corner t~ereQf; thence So~t~ along said Zast li~e 660.20 fee~; :~an~e West ~arallel with the North line ot said ~ar:er ~~arter, 330 feet; the~ce ~orth parallel with said Eas~ -~ne 660.20 feet; thence East parallel with said North l:.ne to point of I. . ~g:':-.;...'~~g - rl~SO ex=ept t~a~ ~ar~ desc=it~d as follo~s: Comne~ci:1g at Southeast corner of said ~~a=ter quarter; thence Nort~ 155 feet to t~e ~oint of begir~ing; t~ence cc~~~~ue Nc=th 330 fee~; t~~~=e Wes= lSS feet; ~he~c~ SO~~~ 330 feet; cnenc~ ~ast 196 fee: to :he peine of =e~ir~,ing. Also exc~?t ~:~t par: des~r~=ed as =c~~~~s; 3e~ir~~i~g at t~e Sout~~ast cor~6r ~f said qua=ter ~arceri t~e~ce W9st alc~g said So~~h li~e 396 f~e:i the~ce Ner~~ 165 feet; thence East 396 teet to said East line; ~hsnce South along $~id East line to che POiLt cf ccgi~~ing. ~~s:rac~ P=c~ercy ??-.rcel 3: ':'::a: par: of the Sout:'l9?st Qua=:e= of ~,cr:::east Quareer (S:=: 1/4 of NE 1/") of SeCtion Fc~~teen (l~), TOwr.ship Tr~rty-t~c (32), Range ~w~,ty-fcur (24). Anoka County, Mir~esota descri~ed as follows: 3~gi~,ir.g ac an oak sta~e at t~e So~~~east cor~er cf said ~E l/~ 0: Sacticn 14. t~e~ce West c~ ~he Q~arter Sc~tio~ 2i~e a d~sea~ce of Eight (8) redsi ~he~ce No=th a di5ta~ce of Ten (10) red; :~e~ce East a distance e~ Eight (9) reds; t~snce Sout~ a eis:ance of Ten (~O) roes to p~ace c: begir-ning. ~s~r~ct ?:cper~y "- ) CC:1.tir~'..:.ed Fir,(jt Am",,-;rrr... Ti,l., T..C'...,~..__ r"________ P.07,,'03 ~ -.." l'".O::::'.. HFR-08-1';:.'3'3 11 : 56 N~SH ~ LlJDCiE 612 712 1015 P. m:: '[1'3 \ J c~ci~ua:icn ef SCr~~U~E c :i1e No. ~9-4g1SC rtAV ~a=cel 4: That part of the Scut~east Quar:er 0: the ~ort~sasc ~~arter of Section 14, Townsr~~ 32, R~~ge 24. described as follows: se~i~~ng a~ a point en tr.e south line of said Southea$~ Quarter of t~e North~as: ~arte= distant 132 feet west fro~ the sou~~east corner of sa~d Southeast ~~a=ter of the Ncrtheas~ Quarter; chence West, a~cng said sou~~ 11..e. a distance cf 264 feet; thence r.ort~. a: a right angle. a dist~~ce of 165 feet; thence east, at a right anq!e. a distance of 264 feet; thence S~th, at a right angle, a dis:ar.ce of 165 feee to tte ~oi~t 0: besi~~n;. Tor=e~s :;rcperty Certificate of Ti~!e No. 67:02. ) , ) ANOKi' ;OUNTY --:-1 PIN:"" ) STATEMENT OF PROPERTY TAXES PAYABLE IN 1998 rL~A';:)~..:Ji\.Y~ 1111,.) l'~i\.IJ.lt\.a.LU".l.JJ.'''' &""..............&...............-..-..-...__a.__ Edwarrl' -reska. Division Manager. Proper ;""ds and T axalion ANOKA COUNTY 2100 3RD AVE. ANOKA. MN 55303 (6121323.5400 OWNER ~ ANOKA COUNTY E14 32 24 14 0001 TAXPAYER 100540917 CONSTANCE EVAN FREE CHURCH 16150 CROSSTOWN BLVD ANDOVER, MN 55304 cr UJ Z ~ o CONSTANCE EVAN FREE CHURCH 16150 CROSSTOWN BLVD ANDOVER, MN 55304 1997 -;~:_.~::,~":r 4 . .~_ ....._.. .:. _ ".'j_';':., .:;..A'~' ...r.... '';' .__! ~..~ ....::....,i ....'~.lt~'-"t.\. THAT PRT OF E'971.35 FT OF SE1/4 OF NE1/4 OF SEC 14 TWP 32 RGE 24 LYG SLY OF N ACRES: 21.93 Property Class: EXEMPT -_.... ........--...,,.. ".....:..-~.;~-....r.--.,._.,: -~.- EXEMPT ....':"-...........-..---'''*'!'"'":'..~-... ,-~' - ".' . EXM 4N 1391800 New Improvements: Est Market Value: '_._", Taxable Market Value: . , " N/A~, ,,'; "N/A 403300 403300 ;":'.-,"-'..<<'1._ '.0 :"""'- o 1451600 -:1451600 0.00 Use this amount. on Form M-l PR to see if you'ra' eligible f for a property ~",taxJ~.fun~. ,file by ~~gu~~,,~,,~:.Jt, bO~}~:;f~~~te~'~Y~:~!JA~~,~Il.\: . taxes and are not eligible. . , .' . <,}~~~..<"!i~.".,.;r.'",..~, ""','u,,', .' , . "Use this, amount for: the, special, property tax, refund ,on schedule, 1 " of ,Form :M':'lPR. 'C '.,', .' , ," ~?,' \::,i:?';::~-,",. YOUR PROPERTY 'TAX 'And' How'lt Is - Redu'ced '"By'Th'';'State " "r property tax befqrereduction by state paid aj~s,a,nd. cr,edits '".J paid by the State of Minnesota to reduce your property tax . . Credits paid by the State of Minnesota to reduce you~> property tax . A. New education homestead credit '" B. Agricultural preserve credit Your property tax after reduction by state paid credits D ~- :- . - ". _.-.... .. . -:. i:-'-"~; ;f,.i;}~~ 0.00 T DETACH HERE T .. .... ~.- N/A 0.00 N/A 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ,0'.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 N/A 0.00 0.00 0':00 0.00 0.00 0.00 0.00 259.72 2047.71 0.00 ' . "a'. 00 259.72 2047.71 1023.86 1023.85 T DETACH HERE T WHERE YOUR PROPERTY TAX DOLLARS GO County Citv or town , School District 9A. State determined levy 9B. Voter approved levy 9C. Other local levies O. Special taxing districts lOA. Metropolitan special taxing districts lOB. Other .special taxing districts 10C. Tax Increment 100. Fiscal Disparity Tax 1. Non-school voter approved referenda levies 2. Total property taxes before special assessments 3. Special, assessments added to this tax bill 13A. Solid waste management, charge.. , 13B. Contamination Tax ' ' 4. Your total property tax, special assessments and charges , ). jay this amount no later than May 15, 1998 6. Pay this amount no later than October 15. 1998 , i / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA' . '. "" NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, September 28, 1999 at, ' Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the . request of Constance Free Church for an Amended Special Use Permit (ASUP99-16)to allow for the addition/placement of four portable Classrooms on the propertY IC?catl;(at '.. , 16150 Crosstown Blvd. (pIN 14-32-24-14-0001,0003, 0005), legally described as. . follows: " ) That part of the East 971.35 feet of the Southeast Quarter of the Northeast Quarter of Section 14, Township 32, Range 24, Anoka County Minnesota, lying southerly of the North 103 feet thereof. (As measured along the South and East lines thereof.) Except that part described as follows: Beginning at a point on the East line of said quarter quarter 103 feet South of the Northeast corner thereof: thence south along the said east line 660.20 feet; thence west parallel with the north line of said quarter, 330 feet; thence north parallel with said east line 660.20 feet; thence east parallel with said north line to the point of the beginning. All written and verbal comments will be received at that time. A copy of the proposed application will be available for review prior to the meeting at City Hall. kc,,~;; Development Direol", Publication dates: September 17, 1999 September 24, 1999 , , ) PIN 43224120004 BOYUM LORETTA MARY OR CURRENT RESIDENT l' '\ 161ST AVE A,..JOVER, MN 55304 PIN 133224230001 SCHMIDT DALE H & C M OR CURRENT RESIDENT 16279 CROSSTOWN BLVD ANDOVER, MN 55304 PIN 133224230004 BECKER WILLIAM C 14414 WOODBINE ST NW ANDOVER, MN 55304 PIN 143224130004 JOHNSON GARY M & SUSAN M OR CURRENT RESIDENT 1055 161ST AVE ANDOVER, MN 55304 PIN 143224410005 UNITED PENTECOSTAL CHURC OR CURRENT RESIDENT 16060 CROSSTOWN BLVD Ar IVER, MN 55304 ) '. / PI N 143224110005 SANDERS LILA M OR CURRENT RESIDENT 16324 WARD LAKE DR ANDOVER, MN 55304 PIN 143224140002 WHITE MARY A OR CURRENT RESIDENT 971 161ST AVE ANDOVER, MN 55304 PIN 133224230007 HORNING GARY E & LORENE R OR CURRENT RESIDENT 16147 CROSSTOWN BLVD ANDOVER, MN 55304 PIN 133224230005 ANOKA COUNTY OF 2100 3RD AVE ANOKA, MN 55303 PIN 143224110005 SANDERS LILA M % KILLORAN LILA 8639 CORRINE DR SCOTTSDALE, AZ 85260 PIN 133224220010 ROOT ROBERT R & PHYLLIS A OR CURRENT RESIDENT 16309 WARD LAKE DR ANDOVER, MN 55304 PIN 143224140006 POGONES JOSEPH P & GEORGINE OR CURRENT RESIDENT 16234 CROSSTOWN BLVD ANDOVER, MN 55304 PIN 133224230006 HENRIKSON ROGER S OR CURRENT RESIDENT 741 CONSTANCE BLVD ANDOVER, MN 55304 PIN 133224320002 CARLSON JUDITH BETH OR CURRENT RESIDENT 680 CONSTANCE BLVD ANDOVER, MN 55304 PIN 143224410006 ORSTAD REYNOLD N & SHARON J OR CURRENT RESIDENT 16034 CROSSTOWN BLVD ANDOVER, MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: October 19. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. Declare Cost/Order Assessment RolI/99-19/ 19.~580 - 144th Avenue NW/SS & WM The City Council is requested to adopt the resolution declaring cost and ordering preparation of assessment roll for Project 99-19 for the improvement of sanitary sewer and watermain at 3580 - 144th Avenue NW. , \ . J ~ , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN, FOR PROJECT 99-19, 3580 -144TH AVENUE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: , WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 17.716.13 so that the total cost of the improvement will be $17,716.13 . 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 17.716.13 . 2. Assessments shall be payable in equal annual installments extending over a period of ~ years. The first of the installments to be payable on or before the 1st Monday in January, 2000 ,and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. / MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 19th day of October, 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor / Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 19. 1999 ITEM NO. Adopt Assessment RolIlWaive Hearing/ ~9-19/3580 - 144th Avenue NW/SS & WM \0. ORIGINATING DEPARTMENT Todd J. Haas, ~ Engineering AGENDA SECTION Non-Discussion/Consent Item The City Council is requested to approve the resolution adopting the assessment roll for the improvement of sanitary sewer and watermain for Project 99-19, 3580 - 144th Avenue NW. The property owner has waived the public hearing (see attached letter). , / " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN PROJECT NO. 99- 19,3580 - 144TH AVENUE NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: J 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1st Monday in January, 2000 and shall bear interest at a rate of --.2.. percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. " MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 19th day of October ,19~, with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor -': Victoria Volk - City Clerk . ~( . 9r - /9 April 30, 1999 Scott Erickson Building Commissioner City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 REF: Municipal Improvements Dear Mr. Erickson, / , We do hereby petition for improvements of the water main and sanitary sewer with the cost of the improvements to be assessed against my benefiting property: Lot 1, Block 2, Andover Building Commission, Plot 1. , / L. Said petition is anonymous and the public hearing may be waived. We would like to be "* assessed over a five year period and waive the right to an assessment hearing. ri 0 1134 Ruggles St. Roseville, MN 55113 Hm: 651-488-2825 VV1k:612~7-5286 '') CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: October 19. 1999 ITEM NO. Declare Costs/Order Assessment Roll/ 7-26A1Hamilton Square/Storm Water IL. ORIGINA T1NG DEPARTMENT Todd Haas, ~ Engineering AGENDA SECTION Non-Discussion/Consent Item The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of storm sewer construction for Project 97- 26A, Hamilton Square. The total project cost will be $30,488.15. $18,850.00 was previously assessed under Project 97-26. Therefore, $11,638.15 will be assessed under Project 97 -26A and assessed to Lot 1, Block 2, Hamilton Square. . , J , . J , , . / '\ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM SEWER FOR PROJECT 97-26A, HAMILTON SQUARE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 30.488.15 so that the total cost of the improvement will be $30.488.15 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: \ ) 1. The portion of the cost of such improvement to be paid by Project #97-26 is hereby declared to be $ 18,850.00 the amount to be assessed against benefited property owners is declared to be $11,638.15 . 2. Such assessments shall be payable in equal annual installments extending over a period of -1Q years. The first of the installments to be payable on or before the 1 st Monday in January, 2000, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 19th day of October , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk ANDOVER SPECIAL ASSESSMENT PROJECT NAME: Hamilton Sauare \ FEASIBILITY STUDY: DATE May 25.1999 J CONTRACT AWARD: DATE June 7. 1999 (AS CHANGE ORDER TO CHESTERTON COMMONS 2ND ADDITION) FINAL CONTRACT COST: Engineering Aerial Mapping (1% of street) Drainage Plan (0.3% of street/stonn) Administration (3%) Assessing (I %) Invoice Bonding (0.5%) Legal & Easement Advertising City EA"Penses (includes full-time inspection) Testing: Other: Construction Interest (6.0%) 6/7/99 to 1017199 = 4 months PROJECT NO.: 97-26A Construction Amount: $29.000.00 Construction Amount: $22,707.80 Final Construction Amount: $21.753.80 $ 3.154.30 (See Table A) $ 0.00 $ 65.26 $ 652.61 $ 217.54 $ 108.77 $ 0.00 $ 0.00 $ 4.100.79 $ 0.00 $ 0.00 $ 0.00 $ 435.08 ~ ) TOTAL EXPENSES: (% of Final Contract Cost = 40.15092 %) + $ 8,734.35 TOTAL PROJECT COST: Trunk Source and Storage: Watennain: Connection Charge $ Area Charge $ Lateral Charge $ = $ 30.488.15 0,00 (0.00 Units @ $ 0.00 *(0.00 Acres @ $ 0.00 (0.00 LF @ $ 0.00) 0.00) 0.00) Sanitary Sewer: Connection Charge $ 0.00 (0.00 Units @ $ 0.00) Area Charge $ 0.00 *(0.00 Acres @ $ 0.00) Lateral Charge $ 0.00 (0.00 LF @ $ 0.00) Storm Sewer: Area Charge $ 0.00 (0.00 Acres @ $ 0.00) *Watermain and sanitary sewer connection charges to be collected when building permits are obtained, and are not part of this assessment. TOTAL TRUNK SOURCE AND STORAGE Previously assessed Hamilton Square Share:. $14,500.00 x 1.3 for extension of stonn sewer to east side of Hanson Blvd. N.W. Subtotal '\, TOTAL TO BE ASSESSED ) Current Assessment per Lot: $11,638.15/Lot Feasibility Study: Date Mav 25,1999 s:\mam:\11732:\assess 1 0-12 E/Z 'd 6EEO 'ON + $ 0.00 $ $ $ 18,850.00 18.850.00 11.638.15 Amount $ 19.280.00/lot sooa ~Nva~ SgliOJJI~ lid9v: 1 6661 Tl 'PO SO'39t:ld C~S8 9L.\? cI9 IS:~I 66. ~I lJO STORM SEWER \ J A. Final Construction Cost $ 21,753.80 B. Expenses (40.14816%) + $ 8.734.35 C, Subtotal- Storm Sewer $ 30,488,15 D. Minus Hamilton Square share: including e>""Penses ($14,500.00 x 1.3) for future storm sewer extension $ 18.850.00 E. Total- Storm Sewer $ 1 1,638.15 F. Assessable $ll,637.55/lot $ 11,638.15/lot Table A Hamilton Square Share of Storm Sewer' Extension \ ) Extension of stonn sewer north from manhole STM-14 (stub Y) to east of Hanson Boulevard N.W, Item No. Description Quantity Unit Price Amount A. 15" RCP Class 5 Storm Sewer 834 $ 18.20 $15,178.80 B. IS" RC Flared End Section wrrG 1 $ 505.00 $ 505,00 C. 4' Dia, Storm Sewer Manhole 4 $ 1,200.00 $ 4,800.00 D. Silt Fence 50 $ 1.90 $ 95.00 E. Handplaced Riprap 15 $ 56,00 $ 840.00 F. Connect to Existing Storm Sewer 1 $ 250.00 $ 250.00 G. Seeding (Mix No. 900) and Mulch 0.1 $ 500.00 $ 50.00 H. Wood Fiber Blanket 25 $ 1.40 $ 35.00 TOTAL $21,753.80 HAMILTON SQUARE SHARE - 100% TOTAL $21,753.80 "- ) 1/1'd 1 HO 'ON SOO~ ~NV~j Sgl~OJJ1~ lidLt:l 6661 '[1 'PO CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: October 19, 1999 ITEM NO. Adopt Assessment RolIlWaive Hearing/ 97-26A1Hamilton Square lb. ORIGINATING DEPARTMENT Todd Haas, ~ Engineering AGENDA SECTION Non-Discussion/Consent Item The City Council is requested to approve the resolution adopting the assessment roll for the improvement of storm water construction for Project 97-26A, Hamilton Square. ,~ \ , J "- / .' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM WATER FOR PROJECT 97-26A. HAMILTON SQUARE. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: \ ) 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 1Q years. The first of the installments to be payable on or before the 1st Monday in January 2000, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. . MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 19th day of October, 19~, with Councilmembers voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor " Victoria Volk - City Clerk J m"39t:ld c~S8 9'-17 c19 0S:~1 66. ~l IJO CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ DATE: October 19, 1999 AGENDA SECTION Non-Discussion/Consent Item ITEM NO. Adopt Assessment RolIlWaive Hearing/ tr; -~5IThe Farmstead ORIGINATING DEPARTMENT Todd Haas,~ Engineering The City Council is requested to approve the resolution adopting the assessment roll for the improvement of sanitary sewer, watermain, storm sewer and street construction for Project 97- 35, The Farmstead. The property owner has waived the public hearing (see attached letter). Note: The property owner of The Farmstead has requested that the assessment be over a 10 year period rather than 5 years. , , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREETS AND STORM SEWER ,PROJECT NO. 97-35, THE FARMSTEAD. WHEREAS, the property owner is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or J before the first Monday in January, 2000 and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution. 2. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 19th day of October, 19--.lliL, with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk 16/13/1999 17:62 , - 6124969145 SII -ED I -SHP PAGE 62 )<@> '-~ InnovadaM ill SmioT Living Comnumirln SENIOR HOUSING PARTNERS October 13, 1999 Todd Haas City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Dear Mr. Haas, We have received the final assessment for Project 97-35 (The Farmstead) as provided by the City Engineer and we waive our rights to a public hearing. We would appreciate it if you could submit this to the City Council for " approval. / Sincerely, ~br~' ;Y~ Developer / '\ ) 2345 Rice Street... Suite 2400 SL Paul. Minnesota... SSI13. www.seniorpartnets.com... (651) 490-9126. Fax (651) 486.6430. 800-891-9126 OCT 13 '99 1'7:55 6124909145 PAGE. 02 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , I DATE October 19. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, .~ Engineering ITEM NO. Reject Bids/99-2/Hawkridge Park Well li. The City Council is requested to approve the resolution rejecting bids for Project 99-2, Hawkridge Park Well. The City Council is recommended to reject the bids since the bids came in higher than anticipated. Staff will be evaluating the bids and specs and will be looking into re-advertising for later this winter. Hopefully there will be more bidders and more favorable bids Only 1 bid was received from Municipal Builders in the amount of $145,800.00. The / \ engineer's estimate was $82,000.00. ) " ) , ) , J \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO. 99-2 FOR HAWKRIDGE PARK WELL. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 190-99 , dated September 7 , 1999, bids were received, opened and tabulated according to law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby reject the bids. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 19th day of October ,19JliL, with Councilmembers of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in favor voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk \ , .' " ) , ; CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 1 9. 1 999 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. John Hinzman, City Planner \~, Amend Ordinance 212 Change Street Name from 154th Ave NW to 154th Ln NW Chesterton Commons 2nd Addition Request The City Council is requested to Amend Ordinance 212, Naming Street Names to Change 154th Avenue NW to 154th Lane NW in Chesterton Commons 2nd Addition (see attached map). I 54th Avenue was inadvertently designated on the Final Plat of Chesterton Commons 2nd Addition for the extension of the subject street from Chesterton Commons (1 s~ Addition. I 54th Lane is the designated name of the subject street in Chesterton Commons Addition. The name change would affect two occupied homes and two unoccupied lots, and one house under construction (five total). Attachments · Ordinance Amendment · Map of Chesterton Commons Area · Petition for Name Change , , J \ ) , \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE 212E AN ORDINANCE AMENDING ORDINANCE NO. 212, NAMING STREET NAMES IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: Section 23. (Renaming of I 54th Avenue NW to 154th Lane NW in CHESTERTON COMMONS 2ND ADDITION.) The street currently named "154th Avenue NW" between 154th Lane NW and CHESTERTON COMMONS ADDITION in CHESTERTON COMMONS 2ND ADDITION shall be renamed "I 54th Lane NW". All other sections shall remain as written and adopted by the City Council Adopted by the City Council of the City of Andover this 19th day of October 1999. CITY OF ANDOVER J.E. McKelvey, Mayor ATTEST: Victoria V olk, City Clerk \ ~ Hi Ii i :! :l l!s Ii E i .. JI.I I.fl , u,' ,. . n . , ..~.... jlH __ Ii [' ri ; :i:~ z., .. 0 "'""" , E-c ) "'""" - ~ ~ -< -< ~6 Z~ 0:5 Co)~ ~g en en Z 0 ::s ::s 0 0:: Co) !!l! 0 c Z z -< 0 :5 E-c z: ~ 0 , ~ : E-c / en ~ ::z:= Co) '/ ..,..; I'" I ;.11 /:;<< .. . " /.1 ... ...... ~.... _.... .,,_0'" ..............-- u .. 2~ 1; A , I, j i:t~ !. p, ,t i ,:tll _ j: h~i · :1 ! I:>.' I ~ i ," J It, i:! IS1!-!:; i 11 ! l~:; A .Ii j ~:.r I 1.1 ~ ,.; ! . . . Z-. I -- \ . --=.:...-:.::. -,. --t,- .\~; i.:I"~~~~~, ~_-:- __ ,I 1.' __.,..: .~;"'_ '\. l~... ," ." t...c.OI ."'_..__ .J "I........ l.ll.lG.ClOfol _='=-=.."": /:1 l~i('~'H ~~'S NOSN't'H I : ., .. J. ,.s. .. . . .. ,. li:1 . <'1 i; '0 !'j .t. l;j JJo ,. . . , "of _." -. 'I' ~.,. ..____ October 8, 1999 Polly A. Bode 1418 154 Ave. NW Andover, Minnesota 55304 (612) 413-9337 Richard Fursman Administrator City of Andover City Hall 1685 Crosstown Boulevard Andover, minnesota 55304 Mr. Fursman: I, the undersigned, agree to have my address changed from 154th Avenue to 154th Lane. -, ~~ ilf <-.i 0 ~ Date: /0 - f? -1'1 Addr s: 1418 154th Ave. Andover, Minnesota Phone: 612-413-9337 '. I ,~~~....utJl i ~Mcrta( Sr_uD~ate: lo-f-?7 Address: 1431154 've. Andover, Minnesota Phone: 612-434-7061 Address 142 Address: Phone: Date: /o-8-QQ dover, Minnesota (11/99) ,'\.,.,: - \\ \r, .~ ...."_,; ;;7IJ/lI/ t:v,1~ . ~ - fit lSite: {j /0- /;J -0/'9 dov r, Minnesota (11/99) Thank you, The residents of 154th Avenue CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE:October 19, 1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion City Clerk ITEM NO. Approve HirelPublic Works Secretary A Five applicants for the position of Public Works Secretary A were interviewed by Frank Stone, Scott Erickson and me. Of the five, three are current city employees. The position has been offered to Barb Wells, one of our job share receptionist-secretaries. Barb has worked for the city for 2-1/2 years and has done an excellent job. Her starting salary will be $12.7207/hour. She will also have a six-month probationary period. Council is requested to approve the hiring of Barb Wells as Public Works Secretary A and to direct staff to advertise for her replacement. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: October 19. 1999 AGENDA SECTION Non-Discussion/Consent Item/ADD-ON ITEM NO. ORIGINATING DEPARTMENT Scott Ericks04 Engineering 14. Declare Costs/Order Assessment Roll/ 97-26A1Hamilton Square/Storm Water 15. Adopt Assessment RolIlWaive Hearing/ 97-26A1Hamilton Square The City Council is requested to remove the above mentioned items so that staff may further discuss questions and issues the Hamiltons have regarding their assessment. -., c..c. rtTt-:::, 10(19/99 To: City Council and Mayor Prom: Jeff and Sue Johnson 1504 l41st Lane NW Subject: Snowmobile Ordinance As residents of the City of Andover we support a ban of snowmobiles in the southern portion ofthe City. We are not opposed to the City designating a couple snowmobile trails (County Highways, Trails, etc.) in the southern part of the City to get the snowmobiles to other destinations were they would be permitted. o ~A W~l DATE October 19, 1999 ITEMS GIVEN TO THE CITY COUNCIl. . City Council Minutes - October 5, 1999 . Special Closed City Council Minutes - October 5, 1999 . September 1999 Monthly Building Report . Schedule of Bills I ~// TO: Mayor and City Council /' "')F/ ./ FROM: David Almgren .<-At::./' RE: 1999 Monthly Building Report Y September I BUILDING PERMITS Permit/Plan Tax Total Valuation 28 Residential 23 SIW 5 Septic $44,148.60 $1,658.00 $ 45,806.60 $ 3,202,000.00 4 Additions $8,440.67 $ 409.55 $ 8,850.22 $ 818,450.00 13 Garages $ 3,030.64 $ 54.10 $ 3,084.74 $ 108,200.00 2 Remodeling/Finishing $ 42.00 $ 1.00 $ 43.00 $ 1,000.00 Commercial Building $ - 3 Pole Bldgs/Barns $ 588.64 $ 9.80 $ 598.44 $ 19,600.00 4 Sheds I I $ 247.75 $ 4.55 $ 252.30 $ 9,100.00 2 Swimming Pools $ 145.75 $ 2.85 $ 148.60 $ 5,600.00 Chimney/Stove/Fireplace $ - $ - 2 Structural Changes $ 42.00 $ 1.00 $ 43.00 $ 1,000.00 22 PorcheslDecks I $ 2,780.01 $ 44.95 $ 2,824.96 $ 89,716.00 Repair Fire Damage $ - 18 Re-Roof I $ 720.00 $ 23.20 $ 743.20 $ 46,400.00 3 Other $ 75.75 $ 1.70 $ 77.45 $ 2,400.00 1 Commercial Plumbing $ 755.29 $ 18.50 $ 773.79 $ 37,000.00 1 Commercial Heating $ 110.96 $ 1.20 $ 112.16 $ 2,400.00 Commercial Fire Sprinkler Commercial Utilities Commercial Grading I 103 SUBTOTAL $ 61,128.06 $ 2,230.40 $ 63,358.46 $ 4,342,866.00 I PERMITS FEES COLLECTED 103 Building Permits $ 61,128.06 $ 2,230.40 $ 63,358.46 Ag Building $ - Curb Cut $ - 2 Demolition $ 45.00 $ 45.00 1 Footing $ 15.00 $ 15.00 Renewal $ - Moving $ - 50 Heating $ 1,690.00 $ 25.00 $ 1,715.00 Heating Repair $ - 23 Hook Up I $ 575.00 $ 11.50 $ 586.50 62 Plumbing I $ 4,980.00 $ 31.00 $ 5,011.00 Plumbing Repair $ - 32 Pumping 1 $ 96.00 $ 96.00 7 Septic I $ 245.00 $ 3.50 $ 248.50 7 Septic Repair $ 245.00 $ 3.50 $ 248.50 23 Water Meter $ 1,150.00 $ 11.50 $ 1,161.50 29 Certificates of Occupancy $ 116.00 $ 116.00 6 Contractor's License I $ 150.00 $ 150.00 26 License Verification Fee $ 130.00 $ 130.00 Health Authority I $ - 23 Sewer Admin. Fee $ 345.00 $ 345.00 . 23 SAC Retainage Fee . $ 241.50 $ 241.50 3 Relnspection Fee $ 126.QO . $ 126.00 8 Rental License $ 400.00 $ 400.00 33 Fireplaces $ 1,400.00 $ 16.50 $ 1,416.50 461 TOTALS $ 73,077.56 $ 2,332.90 $ 75,410.46 Total Number of Homes YTD 1999 331 Total Number of Homes YTD 1998 337 Total Valuation YTD -I 1999 $ 44,987,349.00 Total Valuation YTD -I 1998 $ 55,222,659.00 Total Building Department Income YTD- 1999 $ 747,176.83 Total Buildina Deoartment Income YTD- 1998 $ 904,705.66 ... CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ~ ;1 . Date October 19. 1999 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance Shirley Clinton ~ lITEM NO. Schedule of Bills REQUEST: The Andover City Council is requested to approve total claims in the amount of$ 1.190.606.16. BACKGROUND: Claims totaling $ 135.348.50 on disbursement edit list #1 dated 10/12/99 have been issued and released. Claims totaling $ 1.038.558.91 on disbursement edit list #2 dated 10/19/99 will be issued and released upon Council approval. Debt service payments totaling $16.698.75 due 11/01/99 will be wire transferred on 10/28/99 upon Council approval. Date: 10/19/99 Approved By: .. ., Bond Payments to be wired to the following: Due Date: November 1, 199~ Firstar Bank Minnesota Pavee Bond Name Principal Interest Total Amount Firstar Bani Tax Increment Bond-1994B 0.00 16,698.75 16,698.75 , I I ! I '" '" . . . . . . ....'" " ~t:H:'CCC 0 . . . 0," ,,= I I I I , , ~ '" '0 . . .....n 0 ....................... 2 0 . . .... . t',n' 000000 ~ . . In" ........................ <. " . . ........ m NNt..)NNN " . . ....z ......" ....................... oo '" ., . . :::!:: o.~ \D\D\D\D\DID , 0 . . . .....=" \D\D\D\D\DID ... C .... . . ..n ....=0 \D\O\D\D\DID 0 '" . . . ... "'." , , , , , , 0 . . ....i': .......11..... WWNNNN " . . .. 0 CO\D\D\D\l) ~. . . w .. = N....\DG)Q\Ul 0 . . ., m .... = . . 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