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HomeMy WebLinkAboutCC April 4, 2006 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US Regular City Council Meeting - Tuesday, April 4, 2006 Call to Order-7:00 p,m, Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (3/21/06 Regular Meeting; 3/16/06 Counci1/Public Works Workshop) Consent Items 2, Approve Payment of Claims - Finance 3, Award Bidl06-3/2006 Crack Sealing - Engineering 4, Approve Final Plat/Cardinal RidgeJ158th & Nightingale St. - Planning 5, Approve Final Plat/Stack's Woods/I 65th Avenue & 7th Avenue - Planning 6, Approve Updating Employee Personnel Policies - Administration 7, Approve Amendment #1 to Joint Powers Agreement for North Metro Highwayl0 Corridor Coalition- Administration 8, Establish an Absentee Ballot Board - Clerk 9, Approve Quotes/05-56/Northwoods East Park/Fencing & Mow Strips - Engineering 10, Approve A TM Placement Agreement/Community Center - Administration 11, Approve Tobacco License/Andover Quick Stop/15825 _7th Avenue - Clerk Discussion Items 12, Call for Sale of Bonds - EWers and Associates - Finance 13. Hold Public Hearing/Order Plans & Specs/Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Andover Station North Ball Field Improvements (05-15) - Engineen'ng 14. Hold Public Hearing/Order Plans & Specs/05-1lrrulip Street NW - Engineering 15. Consider VarianceJParking Setback/3480 Bunker Lake Boulevard NW - Planning 16, Consider Variance/Setback Requirements/5159 159th Avenue NW - Planning 17, Consider Code Amendment/Allowing New and Used Vehicle Sales as CUP in Industrial Zone/Adding Licensing Requirements - Planning 18. Consider Code AmendmentlRevisions to the Sign Code 12-13-8/Updating the Code - Planning 19, Consider Coon Creek Watershed District Appointment - Engineering StaffItems 20, Schedule EDA Meeting - Administration 21, Administrator's Report - Administration Mayor/Council Input Adjournment NUOVE ---------=: VER MINNESOTA 55304. (763) 755-5100 E'''ARD ~W' . ANo.:iWW CI ANDOVER,MN.US ,OWN eO~\.." (763) 755-8923 . " 685 efl.OSS ---- 1 - --- -- - TO: Mayor and City Council ~'" Jim Dickjnron. City Admini",,"o, ~ ~ CC: FROM: Vicki Volk, City Clerk SUBJECT: Approval oO.finutes DATE: April 4, 2006 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: March 21,2006 Regular Meeting (Orttel absent) The following minutes were provided by staff for Council approval: March 16, 2006 CouncillPublic Works Workshop (Orttel, Jacobson absent) DISCUSSION Copies of the minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, d.:L (l./l; Vicki Volk City Clerk (9 - Regular Andover City Council Meeting Minutes - March 21,2006 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 21, 2006 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE.,...",........."....."".......,........""....".......,...,...."........,.,......,..,.....". 1 RESIDENT FORUM ..,..,..................,.......",.,....""...,.......,...,.",....."........".....",...,......"..."...,.. 1 AGENDA APPROV AL.......,."....,..........."....."......."'.......'"........."...,..".,..",.,......".,....".......,' 2 APPROVAL OF MINUTES,..".....,.."....,...,....."..,....",........,.."...,.."............,.."......"......."......2 CONSENT ITEMS Approve Payment of Claims .....,."...".."....."."......,......,.,.,.................",..........,..,..",.......".. 2 Consider Market Value Appraisal/3480 Bunker Lake Boulevard NW................................ 2 Resolution R035-06 approving Resolution 06-6/2006 Outdoor Recreation Grant Application/Red Oaks West Park ..........................................................,........................ 2 Resolution R036-06 waiving Public Hearing/Adopt Assessment Roll/05-22/Hanson Meadows .,.,........",......,..."...."..,...."...,....".,.......",......,........,......,.,.........,.......".....,..,',., 2 Resolution R037-06 approving Final PlatIWoodland Crossing/l 57th Avenue & Linnet Street ......,..".....""......",......."............,...," ,.,.......,......."....,., ,..,....",...,..,.......,.",.... ...".", 3 Resolution R038-06 approving Final Plat/Shaw's Glen/l 57th Avenue & Nightingale Street.....,....,.....".".....",......"".....,.".....,........."......."..,...,.."......"....,..".....".......",...,.... 3 Award Quote for Kelsey Round Lake Park Ecological Restoration/05-486........................ 3 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received......,"......".,....,......,.....".".....,."......,.".......,........,."......"..,.,...,...,...,.,....,..",...,......, 3 CONSIDER REZONING GB to M-l1 PROPERTY IN SECTION 34 Motion to approve rezoning (ORD. 323).............................................................................. 3 CONSIDER REVISED PRELIMINARY PLAT AND PUDI "PARKS IDE AT ANDOVER STATION" Motion to approve (RES, R039-06)..............,...........................,........................................,.. 3 CONSIDER FINAL PLAT APPROV ALl "PARKSIDE AT ANDOVER STATION"/138lli AVENUE & JAY STREET Motion to Approve (RES. R040-06).,...,.....".,...........,....,.,........".."...,,..........,.........""......., 5 CONSIDER V ARIANCE/FRONT YARD SETBACK/16552 VERDIN STREET Motion to approve (RES. R041-06).......................................................................,.............. 6 CONSIDER SKETCH PLANILARRY EMMERICH PROPERTY/161 ST & CRANE STREET ..."........",.,.....,..."......"".......",......,'...........".........,........,..".....".....,....,',........,..".. 6 CONSIDER REPEALING METH LAB ORDINANCE (SECTION 4-5 OF CITY CODE) .... 8 SCHEDULE EDA MEETING....."",......",......",...,......".........",...,..".,......,.........."..,.....""......8 SCHEDULE APRIL CITY COUNCIL WORKSHOP .............................................................. 8 ADMINISTRATOR REPORT ."....,."........"...,...",.,.......",..,...,.."........"..,.."..".....,...........",." 8 MA YORlCOUNCIL INPUT Andover Graduation Party .., ,..... ""......."...,...."."...,..........., ...,.",.....,." ,...." ,.., ,.. ,..",..,..... .". 9 High School Book Club .......,....,...."......."."........".,......,."..".....,...,.,....,..,.......,...,.....",.."...9 High School Basketball T earn".,.....,.. ,......,...........,....,......" ,........." ,.,.....,.."...... ,..."..........,.. 9 Andover Boulevard & Tulip Street Buildings ...................................................................... 9 Woodchips for the Residents .............................................,...........,................................,..... 9 North Suburban Home and Garden Show............................................................................. 9 Regular Andover City Council Meeting Minutes -March 21,2006 Page 12 Transportation Hazardous Issues Bill,...............,..,..".."...."."'.""....,.....,..........,.,.."......,."" 9 Springbrook Nature Center Resolution (RES. R042-06).......................,.............................. 9 ADJOURNMENT...",.",..".".........,.................",.",.,....'................"...."".,..."..".."..'................ 10 DRAFT REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 21,2006 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, March 21,2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota, Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Julie Trude Ken Orttel City Attorney, William Hawkins City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Outdoor Concert - Mr, Brad Povlitski, Pov's Sports Bar, stated he was at the meeting to check to see ifhe could have his outdoor concert two weeks later than usual. He stated the venue is a national one, Mayor Gamache did not think the outdoor concert really correlates with the Fun Fest because it is in a different part of the City. He indicated he would not have a problem with that. Councilmember Jacobson wondered if Mr. Povlitski would still conform to the time frame like other years. Mr, Povlitski stated he would. Councilmember Knight wondered where the concert would be outdoors. Mr, Povlitski stated it would be out in the ball field facing the building so the noise would be cut down. Captain Jenkins stated they do no usually get many complaints about outdoor concerts, He wondered if there would be any presale tickets to indicate the size. Mr, Povlitski stated he was not sure how many people there would be because they do not have a cut off limit outside like they would indoors, Councilmember Jacobson stated he would still have to apply for the outdoor liquor license and abide by the time rules. Mr. Povlitski stated he would do that. Regular Andover City Council Meeting Minutes - March 21, 2006 Page 2 AGENDA APPROVAL Remove from the Agenda Item 7, (Approve Final Plat/Cardinal Ridge/158th & Nightingale Street), Add Item 8a, (Award a Quote for Kelsey Round Lake Park) to the Consent Agenda, Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above, Motion carried unanimously. APPROVAL OF MINUTES March 8, 2006, Regular Meeting: Correct as written, February 21,2006, Executive Session (Cont): Correct as amended. February 28, 2006, Workshop (Cont.): Correct as amended. Motion by Jacobson, Seconded by Trude, approval of the March 8, 2006 Regular Minutes as indicated above. Motion carried 3 ayes, 1 present (Knight). Councilmember Trude stated she had staff review the tape and she thought they could cure the problem by deleting a paragraph. Page three; the second full paragraph should be deleted starting the "Councilmember Trude..." Motion by Trude, Seconded by Jacobson, approval of the February 21, 2006 Executive Session Minutes as indicated above. Motion carried unanimously, Councilmember Trude stated on the fust page, paragraph three, there was a discussion with the person that is going to be doing the survey for the City and she thought it was a mistake and the sentence should read "Peter Leatherman, Decision Resources, di€lfr.t did feel". Councilmember Trude stated there was a minor change on page four, paragraph two, She brought up , an issue and the Fire Chief had a discussion with her and the Fire Chief's response was not in the minutes so she thought they needed to delete the sentence regarding the sirens. She noted the sirens did all go off. Motion by Trude, Seconded by Knight, approval of the February 28,2006 Workshop Minutes as indicated above, Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Item 4 Approval of Claims Consider Market Value Appraisal/3480 Bunker Lake Boulevard NW Approve Resolution/06-6!2006 Outdoor Recreation Grant Application/Red Oaks West Park (See Resolution R035-06) Regular Andover City Council Meeting Minutes - March 21, 2006 Page 3 Item 5 Waive Public Hearing/Adopt Assessment Roll/05-22/Hanson Meadows (See Resolution R036-06) Item 6 Approve Final Plat/Woodland Crossing/157th Avenue & Linnet Street (See Resolution R037-06) Item 8 Approve Final Plat/Shaw's Glen/157th Avenue & Nightingale Street (See Resolution R038-06) Item 8a Award Quote for Kelsey Round Lake Park Ecological Restoration/05-486, Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Dave Jenkins, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover, Councilmember Jacobson wondered how Andover is doing regarding stopping Meth Labs and production. Captain Jenkins stated it has reduced dramatically in both the meth arrests and manufacturing. CONSIDER REZONING/GB TO M-I/PROPERTY IN SECTION 34 (EXPANSION OF "PARKSIDE AT ANDOVER STATION" Community Development Director Neumeister explained the Council is asked to review the proposed rezoning to allow the revised Parkside at Andover Station plat to move forward. Mr, Neumeister discussed the staff report with the City Council. Motion by Jacobson, Seconded by Trude, to approve the proposed rezoning, Councilmember Trude stated normally she would not vote for rezoning of commercial property to townhome property but because it matches the surrounding area, she will vote in favor of it. Motion carried unanimously. (ORD, NO. 323) CONSIDER REVISED PRELIMINARY PLAT AND PUDI"PARKSIDE AT ANDOVER STATION" Community Development Director Neumeister stated the plat is revised to add property to the northeast and southeast of the previously approved plat. The Planning Commission reviewed and recommended approval of the previous plat in February of2005, Regular Andover City Council Meeting Minutes - March 21,2006 Page 4 Mr. Neumeister discussed the staff report with the Council. Councilmember Jacobson stated the only problem is where the driveway comes really close to Jay Street and he wondered if they cannot solve that by sliding the entire plat over fifteen to twenty feet to the west. Mr. Neumeister showed the map and indicated a wetland boundary line. He stated if they moved the plat over, the driveway would be in the wetland, The Council discussed with staff the possibility of moving the plat over. Mr. Neumeister thought they could look at doing this to see if it would work or not. Councilmember Jacobson stated if this would be able to be done the development would still be able to maintain all of the units and space, Mr. Greg ScWenk, Brueggeman Properties, stated on the plan, there is an existing storm drain that runs in front of the buildings that prohibits that from going any further west unless the drain is relocated, Councilmember Trude asked if the developer is trying to cram too much building into the acreage that was added, Mr. ScWenk stated their proposal was to provide a buffer there, provide a planting along Jay Street and to prohibit snow storage there by the Association. Councilmember Trude wondered what part of the building is new. Mr. Neumeister showed the new areas on the plan. Councilmember Trude stated when they talked about making the piece of land homes instead of office condos they talked about the profiles of the buildings being similar, She thought the four unit building was two stories, Mr, Neumeister stated it is the same architecture of the eight unit building but half the size, The Council discussed the trail and plantings with staff. Councilmember Trude stated the front windows will be twenty-five feet from a four-lane highway and indicated they do not do that and it is a preliminary plat and they do not have to accept that. Mr, Neumeister stated the final plat is the next item, Councilmember Trude thought they should have it redrawn, Mayor Gamache stated this is what they are seeing in a lot of different locations, It is more of an urban flavor, Councilmember Trude thought there was too much crammed into this plan. She thought there should be some more buffering and green space. Mr. ScWenk stated they have a registered landscape architect on hand who looked at the plan and they did look at the issue of salt and snow storage on the plants that were selected and she felt that the plants selected would work in that situation. Councilmember Jacobson thought they could plant in the boulevard shrubs and trees to block the Regular Andover City Council Meeting Minutes - March 21, 2006 Page 5 view, which may be a solution, Mayor Gamache agreed but thought the boulevard is the city's. Mr. Neumeister stated they could plant in the boulevard as long as the State Aid Standards allow them to do that. Councilmember Trude did not want to see this type of stuff come in with the Rural Reserve because there is not any visual green space between homes and streets because they are giving up a lot of setbacks already. Councilmember Trude wondered if this could be sent back to have this section looked at again, Mr. Neumeister did not think there are any alternatives because of the storm pipe. Councilmember Trude wondered if they could have a six unit building instead of an eight unit building, Councilmember Jacobson did not think that would work out. Councilmember Trude thought this development is very dense and they have never approved something this dense in the City before. Councilmember Jacobson stated the only way to solve this would be to replace the building with a single level four unit building or put in more screening along the boulevard. Councilmember Trude thought it would be nice to have their natural resource person look at this and if Mr. Neumeister could work with the developer and make that a condition of the fmal, the landscaping be submitted to further review by City staff to approve the screening and appearance of green space on the east side of the building. Mr. Neumeister stated they talked about the twenty-four foot driveway and he thought they could reduce it to eighteen or twenty feet which would give them another four to six feet to work with. Motion by Jacobson, Seconded by Knight, to approve the revised preliminary plat and planned unit development subject to the conditions of the attached resolution adding item 11, at the option of City Staff, either trees planted along Jay Street south of139th in the boulevard; the trees to be selected and determined by the City Forester and/or the option of a decreased width driveway for the four units facing Jay Street and/or decorative fencing along Jay Street facing the units. Motion carried unanimously. (RES. R039-06) CONSIDER FINAL PLAT APPROVALI"PARKSIDE AT ANDOVER STATION"/13STH A VENUE & JAY STREET Community Development Director Neumeister explained the City Council is asked to approve a fmal plat for Parkside at Andover Station. Councilmember Jacobson asked if the change made in Item 11 would be included. Mr. Dickinson stated it would, Motion by Knight, Seconded by Jacobson, to adopt the attached resolution approving the final plat with conditions that all of the conditions of the preliminary plat be met. Motion carried unanimously. (RES, R040-06) Regular Andover City Council Meeting Minutes-March 21,2006 Page 6 CONSIDER V ARIANCE/FRONT YARD SETBACK/16552 VERDIN STREET Community Development DirectOl<pickinsoEltated the applicants are requesting a 20- foot variance to the front yard setback requirement to allow for the construction of an attached garage. v Mr. Neumeister discussed the staff report with the Council. Motion by Knight, Seconded by Jacobson, to approve the proposed variance, subject to the conditions in the attached resolution. Councilmember Jacobson wondered if the intent is to make a driveway coming off 1 65th to get into the two properties, Mr. James Pierson, 16552 Verdin Street, stated there is no intention of a driveway coming off of 1 66th Avenue. His intent is to have a driveway more to the south side of the building and access the buildings from that side, He stated he will have a driveway coming around his garage. Councilmember Jacobson wondered if there is enough space for a driveway to come around because it looks like there is only ten feet. Mr. Pierson stated he planned on having limited access to the buildings, Councilmember Trude thought there was an error in the resolution because there is not a mention of a hardship, which the Council needs to find in order to approve this, She thought in the second Whereas clause they could change it to "Whereas the City Council finds that speeial eifewnstanees the following conditions constitute an undue hardship for the subject property." Councilmember Knight indicated that would be fine, City Attorney Hawkins did not know where the language came from. Councilmember Trude stated she talked to staff regarding the relocation of the drain field and she has been assured that a building permit will not be issued until that issue is sorted out. Mr, Pierson stated he has a site plan for a new system that is already in the works, Motion carried unanimously, (RES. R04l-06) CONSIDER SKETCH PLANILARRY EMMERICH PROPERTYI161sT & CRANE STREET Community Development Director Neumeister stated the City Council is asked to review a residential sketch plan for a single-family urban residential development. Mr, Neumeister discussed the information with the City Council. Mr. Neumeister stated the Planning Commission discussed some interest in a transition between the Regular Andover City Council Meeting Minutes - March 21, 2006 Page 7 proposed R -4 Zoning District and the existing R -1 Zoning that is in the area. They wanted staff to work with the applicant to try to resolve a deficiency such as undersized lot number 11, which is a vel)' small lot they will have to adjust to deal with the access issue associated with Lot 1, Block 3. Lot 1 does not have an access to the street right now and is inaccessible at this point, which will need to be resolved. Lots 1 and 2 may have to be combined because Lot 1 does not have the proper frontage to the street. Councilmember Jacobson thought they could move it twenty feet to the north, Mr. Neumeister stated it would need to be moved more to make it sixty feet in lot width. Mr. Neumeister showed the plat to the Council and discussed the problem with Lots 1 and 2. Councilmember Jacobson stated on Crane Street and 161 s" there is a ten-foot strip; he wondered if this was additional right-of-way that needs to be deeded, Mr, Neumeister did not know what that was and they would take a look at that. Councilmember Jacobson suggested because they have only one entrance and exit, they authorize an emergency entrance with a swing gate between lots 22 and 23 on block 5. In the meantime, they could use this as a crossing for a trail also because there are no trails shown on the plan, Councilmember Trude thought in this area the kids will probably be bussed but some will be walkers and there needs to be a way to get them there, Councilmember Jacobson stated on Avocet Street going north it dead ends. He wondered if there should not be a turn around there until it goes through. Along 161 st Lane going west should also have a temporary cul-de-sac. Mr. Neumeister stated their recommendation in the report was that ifit was not over 210 feet, they did not recommend a temporary cul-de-sac. Councilmember Jacobson wondered if the parcel is all under one ownership now. Mr. Neumeister stated Mr. Emmerich has indicated that he has acquired an option on the John and Heidi Swisher property, the southwest comer of the property and then Mr. Emerich owns the rest of the property out right. Mr. Neumeister reviewed the letter from the Olmsheid's with the Council. Councilmember Trude thought the park should be in an open area that would be safer for the children to play in, She noted parents are more concerned about safety then they used to be. Councilmember Trude stated the only problem she had was with the ghost plat but that was not part of this plan. She wished they could have them bump a cul-de-sac up to the north deep long lots because she thought they would be desireable lots for people who want the extra space, She thought they may be able to have that area stand alone and do a cul-de-sac straight to the north and have lots 1-3 be part of a cul-de-sac and then the only connection to that comer piece would be the east/west street coming in, 161 st Lane. She thought that would make a lot more sense. Regular Andover City Council Meeting Minutes - March 21,2006 Page 8 Mr, Larry Emmerich, 1341 161 st, stated his preference for the northwest corner would be that it just be platted and leave it as an unbuildable lot and when the Olmsheid's and Richers develop in the future, it will take care of itself. Councilmember Trude wondered what Mr, Emmerich felt about the park location. Mr. Emmerich thought it was open for discussion and there are a lot of great spots in the development for a park. He was not sure that the need for a park was there because of the large lots but that would be a decision by the Council and Park and Recreation Commission to make. CONSIDER REPEALING METH LAB ORDINANCE (SECTION 4-5 OF CITY CODE) Community Development Director Neumeister stated the City Attorney has informed City staff that the State of Minnesota passed a statute in 2005 that delegated the authority for clean up ofMeth Labs to the County, health department, or sheriff, The Attorney has asked that the City staff prepare a repealer ordinance to remove any conflict or confusion. There are some issues that need to be further researched. SCHEDULE EDA MEETING The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 p.m. before the April 4, 2006 City Council meeting. Motion by Councilmember Jacobson, seconded by Councilmember Trude, to schedule an EDA meeting on April 4, 2006 at 6:00 p.m. Motion carried unanimously, SCHEDULE APRIL WORKSHOP The Council is requested to schedule a Special Council Workshop for the month of April for a number of miscellaneous business items. Motion by Councilmember Jacobson, seconded by Councilmember Knight, to schedule a Council Workshop for Tuesday, April 25, 2006 at 6:00 p.m, Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the public improvement projects, significant city department activities, Legislative topics, law enforcement analysis, meeting reminders and miscellaneous projects. Regular Andover City Council Meeting Minutes - March 21, 2006 Page 9 MAYOR/COUNCIL INPUT (Andover Graduation Party) - Councilmember Trude stated the Andover High School sent letters requesting funds for their Graduation party. She stated she would receive the letter on behalf of them because they have a policy in the City regarding this. Mr. Dickinson stated he has already sent them the funds, (High School Book Club) - Councilmember Trude stated the High School Book Club is going to come back next month to talk to them about getting a resolution for Andover Reads, (High School Basketball Team) - Councilmember Knight congratulated the High School Basketball Team that is in the State Tournament. (Andover Boulevard and Tulip Street Buildings) - Councilmember Jacobson wondered how they were doing on the buildings on Andover Boulevard and Tulip Street. City Attorney Hawkins stated they are set for hearings for next week. (Woodchips for the Residents) - Councilmember Jacobson stated he noticed in Andover Station North there was a truck moving some woodchips. He wondered what the situation is regarding this, Mr. Dickinson stated they have some wood chips in the park in northern Andover off of Tamarack Street and south of 181sI, He noted the chips in Andover Station North will be removed by the woodchip contractor. (North Suburban Home and Garden Show) - Mayor Gamache stated they had the North Suburban Home and Garden Show at the Anoka Armory and he heard there were some vendors that did not get in because the building was full. He thought staff should make a call to the Chamber to see about using one of our buildings such as the Community Center for a future show, (Transportation Hazardous Issues Bill) - Councilmember Trude stated she understood their Representative Kathy Tinglestad introduced a bill on transportation hazardous issues and the way she understood the proposal, the first year the State would provide the funding and after that they would allow the School Districts to levy under their safety levy. (Springbrook Nature Center Resolution) - Mayor Gamache indicated at the last Elected Officials Meeting a resolution was presented supporting the improvements to Springbrook Nature Center. He thought they could discuss this at the next meeting. Councilmember Trude thought they could act on this issue now instead of waiting, Motion by Councilmember Jacobson, seconded by Councilmember Knight, authorizing the City Administrator to sign the Resolution supporting Springbrook Nature Center. Motion carried unanimously, (RES. R042-06) Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting Regular Andover City Council Meeting Minutes - March 21, 2006 Page 10 adjourned at 9:00 p,m. Respectfully submitted, Susan Osbeck, Recording Secretary DRAFT ANDOVER CITY COUNCIL WORKSHOP MINUTES March 16,2006 A workshop of the Andover City Council was called to order by Mayor Mike Gamache, March 16,2006,7:08 p,m., at the Andover Public Works Division, 1785 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also Present: Mayor Mike Gamache, Julie Trude, Mike Knight Don Jacobson, Ken Orttel City Administrator, Jim Dickinson Public Works Superintendent, Frank Stone Utilities Supervisor, Brian Kraabel Parks Maintenance Supervisor, Kevin Starr Streets Maintenance Supervisor, Irwin Russell Vehicle Maintenance Supervisor, John Wallace Facility Maintenance Supervisor, Ron Scott Recycling Coordinator, Cindy DeRuyter FACILITY TOUR OF PUBLIC WORKS Mr. Stone escorted Mayor Gamache and Councilmembers on a tour of the Public Works building. They toured the large garage, the vehicle maintenance shop, parks department area and the sign shop. They looked at the newly renovated parks department and sign shop area Public Works staff did most of the construction work in-house on this project. Mr, Wallace pointed out the need for a larger vehicle maintenance shop by having a plow unit in the shop and how much space it takes to work on it. Mr. Stone pointed out the cement floor in the large garage and explained why it has to be sealed every year and also pointed out the amount of vehicles sitting outside due to lack of space. Mr, Stone gave each Councilmember a pampWet with a Public Works staff chart, total years of service for all employees and each department's goals and objectives, DISCUSS FUTURE DEVELOPMENT SKETCH PLAN FOR PUBLIC WORKS Mr, Stone presented a map showing the future sketch plan of the new land purchased for Public Works expansion. Brian Kraabel gave a power point presentation showing the vision and purpose of the future site plan. The Public Works Committee and staff have met a number of times and agreed on the proposed site plan discussed. Future needs would include extension of the large garage building, addition of a vehicle maintenance shop, salt storage building, relocation of the Recycling Center, truck washing/sand dumping station, in-house nursery, gas pump island and road reconstruction for better access off Crosstown and Nightingale, Also, if a second sheet of ice at the Community Center is needed it Mr, Stone stated the entire plan doesn't have to be confirmed and approved at this meeting, but would like approval to start grading and building on the 11 acres next to Public Works, Mayor Gamache asked what the 2006-2007 requests for the 11 acres are and if they include the on-site grading, road construction off Crosstown entering on the west side of the Water Treatment Plant, Recycling Center relocation, truck washing/sand dumping station, in-house nursery and outdoor material storage containers, Mr, Stone pointed out how the new proposed road access would accommodate Public Works traffic flow and recycling center traffic. Discussion followed on the amount of traffic in the area and some of the existing intersections already being difficult with the amount of traffic. Mr. Dickinson pointed out the acreage areas on the map and dates they will be acquired and when work can be done in those areas. would then require an additional parking lot be placed in the back of the land area. The plan at a later date could include a pedestrian underpass walkway under Crosstown, a future park and future parking lot. Mayor Gamache and Councilmembers unanimously agreed with the proposed plan for the 11 acres and approved starting work in this area for the 2006-2007 changes. Discussion followed on a future parking lot on the north end of the plan or if Sunshine Park parking lot could be used for overflow parking for the Community Center and park use. If Sunshine Park were used lighting, crosswalks and trails would have to be provided. REVIEW 2005 DEPARTMENT REPORTS Recvcliol! PrOl!ram Ms. Cindy DeRuyter, Recycling Coordinator, showed a report with the tonnage goals Andover achieved for the county in 2005, The city reached 126% of their tonnage goal. One-sort recycling is coming from all haulers in the City and should be implemented for all residents by the end of summer. This will be advertised in the city newsletter once dates are confirmed and haulers will also be sending out their own information. Ms. DeRuyter is recommending we change the refuse haulers license to allowing four haulers being licensed instead of 10 haulers in the city, Anoka County will be providing recycling barrels during the Fun Fest for recycling materials and the Knights of Columbus will service them during the event. The Community Center has worked with Cindy to place recycling bins in various areas, but the YMCA has not been so receptive to the program, They will not allow recycling containers in the upstairs area of the Y. At the Anoka County Task Force meeting a guest speaker recommended using less toxic cleaners in all government buildings by personnel and their cleaners. They are currently working with one of the larger cities to see a program implemented. The recycling program has purchased 600 seedlings again this year for the City Forester to pass out on spring Recycling Day and Arbor Day. School District 11 will be using a cartoon CD, "Ollie Saves the Planet", recommended by the recycling program in their environmental classrooms and on their network. Parks DeDartment Mr. Kevin Starr, Parks Maintenance Supervisor, passed out a report on his departmental goals and achievements and commented on the rapid growth of the park and trail system. Some of the projects in 2006 will include three rebuilds of play structures and the 2nd phase of Prairie Knoll Park, which includes a new parking lot. The rebuilds are at Fox Meadows, Red Oaks West and Hidden Creek South Parks, Red Oaks West rebuild is dependent on a grant. Staff continues to do as much in-house work as possible, most of it being irrigation and concrete work with tables and benches. In 2005 staff did all the landscape and irrigation work at the Community CenterNMCA along with help from various volunteer groups. The Community Center work took up approximately 75% of staff time in the summer and then the September storm hit. At Sunshine Park staff continues to work on concrete work and add-ons. Councilmember Trude recommended putting in more trees or shade areas for the sport teams playing there. The new Frisbee golf course went in at Fox Meadows Park and seems to be very successful. Mr. Starr questioned the council if the city should continue to supply the paint and chalk to various athletic associations for field prep or if the associations should supply their own. Other cities are about 50-50 on supplying the paint and chalk to associations. Mr, Starr showed a play structure part that was damaged and found by staff during inspections. The part was approximately 9 years old and explained the need to upgrade and change out play structures and stay proactive with equipment. Mr. Starr recommended meeting with Councilmembers in the summer months and going on a park/trail tour so they can see maintenance and work items getting done. Streets DeDartment Mr. Irwin Russell, Streets/Signs Maintenance Supervisor, stated the document in the pamphlet shows the time of the year when various maintenance jobs such as street sweeping, grading, patching and tree trimming are done. Mr. Russell reviewed a plow route map that outlines the routes for both large plow trucks and smaller cul-de-sac plow trucks. We have 185 miles of roads and 325 cul-de-sacs to maintain in the city. Mr, Russell reviewed areas of bad roads needing resurfacing, patching and curbing, but always hear residents don't want to pay for it. The overlays also need to be done for safety of the traffic on the roads and not just for the residents that live on the road. A discussion took place regarding the crack sealing projects and that Streets and Engineering Departments are looking at some areas that need to be changed from the project. Some of the roads are so bad that crack sealing doesn't really do any good on the road, so the money shouldn't be wasted on that type of road, but be put towards a road that would be better preserved, Mr. Russell questioned if we should look at paving more of the gravel roads in the city. We only have 7 miles of gravel road, but they are much more expensive to maintain than a paved road. The Sign Department works on a lot of signing for new developments and continues to work on the 9" street sign replacement program. The replacement of these signs is almost complete, Water and Sewer Department Mr. Brian Kraabel, Utilities Supervisor, gave a brief update of2005 and stated staff information is in the packets. Reviewed water pumped and usage figures, Reviewed the 2005 water violations and stated seasonal staff did a very good job monitoring violators. Mr. Kraabel reviewed the new legislation that was passed in 2005, that will affect the fee schedule for water users this year. The months of June, July and August will have an increase of $20,00 per million gallons pumped, which needs to be passed onto the users. Councilmember Trude questioned the 2006 fee schedule for the quarterly payment schedule versus the monthly payment schedule for water users. She felt the monthly payment users would be paying more in the long run. Mr. Dickinson said they would have the Finance Department look into it and check the fee schedule. Mr, Kraabel reviewed chemicals used to mix in the water to maintain correct levels as required by the State. The water also needs to be brought back into the water plant faster and the reclaim tank pump is too small to accomplish this. Staff is looking into what can be done to upgrade the pump. Local schools are touring the Water Treatment Plant often for educational purposes, This past week nine 4th grade classes toured the plant over a three-day period. Discussion took place regarding Tower 1 repair versus replacement. The tower was built in 1985/1 986 and now needs to be painted inside and out, which has never been done. The estimated cost to rehab the tank is approximately $300,000,00 - $400,000,00, The tower is due to be replaced in 2008, so we will try to get by with using the existing tower until that time without any major expenditures toward a rehab. Mr, Kraabel discussed a radium issue with Wells 2 and 3. The Minnesota Department of Health will issue a letter of violation to the City, which is required by the EP A. Staff will notify the water users of the violation and the city's intent for correction. The sooner Wells 2 and 3 can be eliminated from the system the better. In order to do this, additional water main needs to be connected to the west system by way of South Coon Creek Drive. Mr. Kraabel recommends going to an automatic meter reader system, which will speed the reading process and give us fIrst hand information on all accounts, In 2005 staff cleaned approximately 5.5 miles of sanitary sewer mains and is looking at cleaning and televising 18 miles of sewer line in 2006. Staff will be upgrading lift station # 1 due to age and looking at maintenance issues. Staff has set a goal of cleaning 20% of the storm sewer system in 2006. Facilitv Maintenance Mr, Ron Scott, Facility Maintenance Supervisor discussed his position and what is maintained under the facility maintenance title. Mr, Scott reviewed some of the major maintenance items that were done in 2005 such as the heating! AC change over in City Hall and the renovation of Parks Department area and restrooms in Public Works. Mr. Scott mentioned staffhas to be licensed to perform boiler maintenance and the Community Center is getting their staff trained and licensed to be able to do their maintenance, Mr, Scott works closely with various contractors for repairs and upgrades on city facilities and to get bids and quotes on future projects, Mr, Scott mentioned the Public Works staff is a very capable and talented group of people and can complete many of the facility maintenance jobs in-house, which can be a huge cost savings to many projects. Vehicle Maintenance DeDartment Mr. John Wallace, Vehicle Maintenance Supervisor, reviewed vehicles and equipment that are currently serviced in the maintenance shop. The city now has over 370 pieces of equipment and vehicles. Mr. Wallace feels better equipment and vehicles are being purchased, which could start to expand the lifetime of the vehicles. Mr, Wallace mentioned the alternative fuels such as bio diesel that will have to be used and the purchase of smaller vehicles, which is a large cost savings for fuel. In 2000 we used 15,000 gallons of unleaded gasoline and in 2005 we used 2,000 gallons less. We are purchasing more equipment that can be used year round with just the change of a broom, blower or mower, which is also cost efficient. All new vehicles such as a sweeper and department utility vehicles have been purchased and ordered for 2006, Mr. Wallace commented on his staff and their experience and outstanding dedication to the city, OTHER BUSINESS Mr, Stone summarized and thanked Mayor Gamache and Councilmembers for taking the time to attend this workshop. Councilmember Trude suggested breaking up the meeting in two sections in the future so more time could be spent with each department. Mr. Starr suggested meeting with the Parks Department in the spring or summer months so a tour of the parks/trail system could be a part of the meeting, Councilmembers and staff agreed that was a great idea and would look forward to it. Mr. Stone mentioned during training sessions regarding the city emergency plan that all Public Works staff will be trained and ready to work in emergency situations. All staff will be trained in the event a supervisor or leadperson is not available during an emergency. Councilmember Knight mentioned his concern for the Community Center parking lot if the Fun Fest carnival is allowed to set up in that lot. Questioned the amount of damage it may cause during four hot days of the Fun Fest. ADJOURNMENT Mayor Gamache adjourned the Andover City Council Workshop meeting at 10:20 p,m, Respectfully submitted, Barb Wells, Recording Secretary @) 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US TO: CC: Mayor and Council Members ~ Jim Dickinson, City AdministratoKY David D, Berkowitz, City Engineer ~ Jason J, Law, Civil Engineer III a~ I- Award Bid/06-3/2006 Crack Sealing - Engineering FROM: SUBJECT: DATE: April 4, 2006 INTRODUCTION The City Council is requested to receive bids and award the contract for Project 06-3, 2006 Crack Sealing. DISCUSSION The street crack seal program is an effective street maintenance technique utilized to protect and prolong the life of the City's street infrastructure, The crack sealing program divides the City into seven separate maintenance zones, Each year the streets in one of the seven zones is targeted for sealing the cracks which is then seal coated the following year, The bids received are as follows: Contractor Precision Seal coating, Inc, Astech Bergman Companies, Inc. Fahrner Asphalt Sealers, Inc, Allied Blacktop Co, Bid Amount $119,739.40 $130,919,00 $158,868,00 $173,578,00 $233,889,00 $139,745,00 Engineer's Estimate BUDGET IMPACT The 2006 Crack Sealing project has been identified in the City's Capital Improvement Plan. The funding for this work will be from the Road & Bridge Fund. ACTION REOUIRED The City Council is requested to approve the resolution accepting bids and awarding the contract to Precision Sealcoating, Inc, in the amount of$119,739.40 for improvement of Project 06-3, 2006 Crack Sealing. iiPectI1~itted' <Z:lL / Attachments: Resolutiot& Location Maps CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 06-3 FOR 2006 CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 022-06 I dated February 21 , 2006, bids were received, opened and tabulated according to law with results as follows: Precision Sealcoating, Inc. Astech Bergman Companies, Inc, $119,739.40 $130,919.00 $158,868.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Precision Sealcoatinq, Inc, as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Precision Sealcoatinq, Inc, in the amount of $ 119,739.40 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member City Council at a reqular meeting this 4th Council members and adopted by the day of April , 2006 , with voting in favor of the resolution, and Council members against, whereupon said resolution was declared passed, voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk - \ [lr iL \ I ~= " )l.\NDbVE~ 2006 Cracksealing (C.P. 06-03) Zone 4, Portion of Zone 3, and Silver Meadows -lJ<-1~"-1-1biliUIUW 111 WIM'r '; l'EiE=T~" ~'/~I It -0 T , v 0 Q:G--:'t.~ 1 I -H I , l . - :---r- \, I --')'.... _ L .y * ,v' y J ..., l---- -- ~- 1 "~', I '(, '" I ~r,------1 I 1-:;"': /"- "'iHt 'iril ~~" \ \ I Jt I I ,:-\ r;~J I ~i-L-~ 'L IR "D (, i-- ~ ,'C',[ \~ fn;=C" '<" '-'1t-.'~ I--i,-U-' ~ .,' ;. J'S'Sj"d'l~ ~II \ I i21~\' 111- r- -J 1 \ ~:c~l- ~ 'S-'G ,~- J.:. f~'.-I I II I l f-lr+ I. ~r \=L--114~l [' L---1 I f 1 J S ," I l'r-J...,.-L--J1! 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WWW.CI.ANDOVER,MN,US Mayor and Councilmembers ~ Jim Dickinson, City Administrator~ Will Neumeister, Community Development Director Courtney Bednarz, City Planne~ FROM: SUBJECT: Approve Final Plat/Cardinal Ridge-Planning DATE: April 4, 2006 INTRODUCTION The City Council is asked to approve a final plat for Cardinal Ridge. DISCUSSION The final plat is found to be in compliance with the preliminary plat and applicable ordinances, Landscape Plan A condition of preliminary plat approval required a landscape plan be provided to screen the double frontage lots along Nightingale Street NW (attached). Staff has reviewed the planting plan and the screening requirements of City Code 12-13-5 and has included the following comments in the attached resolution: 1, All Red Pine trees are to be replaced with Black Hills Spruce trees. 2, Black Hills Spruce trees must be spaced no greater than 15 feet on center. 3. An overstory tree is to be added to each side of each grouping of Crabapple trees except the area already buffered by the proposed tree save area, 4, All trees will be planted on the upland shelf created for screening on the grading plan, No trees will be allowed to be planted down the slope of the pond, 5, The revised plan will be subject to review by staff to ensure compliance with City Code 12-13-5, ACTION REOUESTED The Council is asked to adopt the attached resolution approving the final plat with conditions, Attachments Resolution Final Plat (11x17 plan in packet) Landscape Plan (11x17 in packet) City Code 12-13-5 ~ {~bmitt ., Cc: Ben Minks Minks Custom Homes 17024 Barium Street NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE FINAL PLAT OF "CARDINAL RIDGE" ON PROPERTY LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS: That part of the west 700 feet of the Southwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota lying north of the south 659 feet as measured along the south and west lines thereof, EXCEPT that part of said Southwest Quarter of the Southeast Quarter platted as Anoka County Highway Right-of-Way Plat No, 2, Anoka County, Minnesota AND The north 312 feet of the south 659 feet of the west 700 feet of the Southwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota as measured along the south and west lines thereof EXCEPT that part of said Southwest Quarter of the Southeast Quarter platted as Anoka County Highway Right-of-Way Plat No, 2, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Cardinal Ridge"; and WHEREAS, the Developer has presented the final plat of Cardinal Ridge; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Cardinal Ridge contingent upon the following: 1. The final plat shall conform to the drawing stamped March 8, 2006. 2. The plat shall be subject to all conditions of the Preliminary Plat Resolution R009-06, 3, The Landscape Plan stamped received by the City of Andover March 30, 2006 shall be modified as follows: a. All Red Pine trees are to be replaced with Black Hills Spruce trees, b, Black Hills Spruce trees must be spaced no greater than 15 feet on center. c, An overstory tree is to be added to each side of each grouping of Crabapple trees except the area already buffered by the proposed tree save area, d, All trees must be planted on the upland shelf created for screening on the grading plan, No trees will be allowed to be planted down the slope of the pond. e. The revised plan shall be subject to review by staff to ensure compliance with City Code 12-13-5, 4, The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site, 5, Park dedication and trail fees shall be paid as determined as a part of preliminary plat approval. 6, The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines, 8, Such plat approval is contingent upon a development agreement acceptable to the City Attorney, A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed, Adopted by the City Council of the City of Andover this _ day of _,2006, CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk Michael R. Gamache, Mayor ,,~\ \ / I ~ I I '::Guf:~ALE j~l. L / '-, /- ) I PRESrn',,'E I __1- I'IlI .[. ;rif I ....1 ~U: _If- Ig ... ? ;.R:u. -:7 ? AR:::EL ':5 .... "I:~ '" II II II II II II II " ~ ~= ro '" I J -, VIi '" , I I I l__~__J r -1mr --, I I , I ..,,- ~ie, ~~~~ ~: J. CJ ~ '::0 t:;I ~ ~ t'-4 ::0 S o M ::: ;::; .... ;;; 0 ~ ... '" '" ,......,........ t"'.... . \ 1..1"""':" NOCi.5B"Jn ~I -----------~~~u...J~-___...~~-.--------------- ..~O..W__......-- ..'''' ,..n. . 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III ~g~ ;U!:j ; ~~~ ~ ~ ~g~ o E~'" ~ q~ l5: : R~!i . o 6 . o '; ~~~I :i" gt; . .!'laa !' ~~ !~.~ i~;Hm ~~ .~!~ ~.~ ~~.~ i~ ~!I. ~ .l~ ~ . It:: ,., z ~ ~ ~ ~ c <> ~ <= ~ .- ~ ~ 0 6 0:: C> '" ~ " 0:: ~ ~ I, , , , ! !f If li ~. flI ;'H 11~ ~ Ii!i f J! u i nil ii! Isil~i iiU Iii pJ~ rdlt!l .~. 1 }f 1 i J fOg 11 !'~~ !l l't' f n ,h If !. ~h! i ! ~J i~ !i B 1 I 1 I ~! f~ r. , t j ~ h iii n 1 I I Ifl ii !i:.j I'}I I. 'II 'I , "~8 i'o; !la~. ~~~~ ii:~~lW: i:~~ ~!lJ City Code 12-13-5: SCREENING: D, Multiple Frontage Residential Lots: Screening between the rear yard and the adjacent street shall be provided to achieve a minimwn height of six feet at plant maturity as measured from the surface of the adjacent street. Such Screening must consist of: 1, Existing vegetation 2, A compact evergreen or deciduous hedge 3, Deciduous and coniferous trees 4. A landscaped berm 5, A combination of the above (Amended Ord. 31410-4-2005) @ 1685 CROSSTOWN BOULEVARD NoW, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI. OVER.MN,US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development FROM: Courtney Bednarz, City Plarme' SUBJECT: Approve Final Plat/Stacks Woods-Planning DATE: April 4, 2006 INTRODUCTION The City Council is asked to approve a final plat for Stacks Woods. DISCUSSION The final plat is found to be in compliance with the preliminary plat and applicable ordinances, Trail along Ventre Street NW A condition of the preliminary plat required a determination at the time of final plat of whether a trail or trail right-of-way will be required along this street. The City's Trail Plan does not show a regional trail along this collector route. If a trail is required the cost ofthe trail would be required to be paid by the developer in addition to the per lot trail fees that are already required, The proposed 66 foot wide right-of-way is sufficient to build a trail. No additional right-of-way is necessary, Please modify the attached resolution as necessary to achieve the Council's decision on this item, ACTION REQUESTED The Council is asked to adopt the attached resolution approving the final plat with conditions, Cc: Mike Quigley, Emmerich Construction, Inc. 1875 Commercial Boulevard NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE FINAL PLAT OF "STACKS WOODS" ON PROPERTY LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS: The Northeast Quarter of the Northeast Quarter of Section 13, Township 32, Range 25, Anoka County, Minnesota, AND That part of Government Lot 8, Section 13, Township 32, Range 25, lying easterly of the following described line: Commencing at a point on the north line of said Government Lot 8, said point being 58.63 feet east of the southeast comer of Government Lot 5, Section 12, Township 32, Range 25, Anoka County, Minnesota; thence continuing east along said north line 217,80 feet to the point of beginning of the line to be described; thence South at right angles to said north line to the south line of said Government Lot 8, and said line there terminating, WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Stacks Woods"; and WHEREAS, the Developer has presented the final plat of Stacks Woods; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Stacks Woods contingent upon the following: 1. The final plat shall conform to the drawing stamped March 30, 2006. 2. The plat shall be subject to all conditions of the Preliminary Plat Resolution R214-05. 3, The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 4, Park dedication and trail fees shall be paid as determined as a part of preliminary plat approval. 5, The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 6, Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines, 7, Such plat approval is contingent upon a development agreement acceptable to the City Attorney, A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed, Adopted by the City Council of the City of Andover this _ day of _,2006, CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk Michael R. 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R213-05) Councilmember Trude thought they could feature some of the Park plans in the new CONSIDER PRELIMINARY PLAT/STACK'S WOODS Community Development Director Neumeister stated the City Council is asked to review a preliminary plat for Stacks Woods, which will have 20 rural residential lots, Mayor Gamache stated currently there is nothing south of this project except fields, He wondered if they were indicating nothing should access 165th. Mr. Neumeister stated any lot that has the possibility to access 16Sth should be conditioned that it should be taken off of the side street or 164th Lane. Councilmember Orttel wondered what the 2 thirty-five foot easements are for, Mr. Berkowitz stated this handles the storm water drainage. Councilmember Jacobson stated one problem he has is on the west side along Yakima Street. As it comes down to the south, it turns into 163 rd Lane and if someone is looking for a home, they will not find it because of the change in road names from one end to the other. He suggested the entire road be called Yakima Street. He wondered what the possibility is ofthe property owners to the east of the long cul-de-sac will eventually doing what the drawing says will be done. Is it fifteen, twenty years down the road and how will it connect. Mr. Berkowitz explained the possibilities of connection in the area in the future. Councilmember Jacobson stated his concern is if they allow this long cul-de-sac but the soils to the east do not allow the road to be extended in the future, why they are allowing this. Mr, Berkowitz was not sure if the developer has analyzed the site for soil issues or not. He stated by looking at the 1974 contour map, it did not look like there are a lot oflow areas there. Councilmember Jacobson wondered if the developer looked at the possibility of going north with a road off of 164th up to 16Sth. Mr, Mike Quigley stated they did but the problem is it is only four lots long to start with. It becomes difficult as to where they put the street going north. He stated this is difficult because of the lots, Regular Andover City Council Meeting Minutes - December 6, 2005 Page 7 CounciImember Trude stated when she looked at it, she saw that only six lots do not have access if there would be some emergency because the western lots one and three could access from one other side street if something were to block 164th and she did not know what the depth is of the other six, If there was some crisis, a fire truck could probably access homes through the back yard, Councilmember Knight stated there would be fences and other obstacles and for a vehicle to go through there they would need an access. Councilmember Trude did not think a vehicle could go through there but they could run hoses to access a couple of the homes butthere would be a few that would not be accessible, Councilmember Knight stated his concern is the odds of all five of the people splitting their lots are pretty remote so the ghost plat does not hold up for the foreseeable future, Mr, Quigley stated he provided the ghost plat because of the concern that was expressed by the Commission members to show the possibility, Councilmember Orttel stated this allows them an option where before they did not have it. He stated this give three access points without going onto a County Road for an access, Staff reviewed Ventre Street with the Council. Mr. Berkowitz indicated this will be a collector street. Councilmember Trude wondered if the area to the south of Ventre Street is developable, Mr. Berkowitz thought it would be. Councilmember Trude stated she likes the idea of having a trail along the road that would go somewhere eventually. Mr, Quigley stated they did not consider a trail down Ventre because they could not see a function for the trail at this point. Eventually when the road is connected and development is in the south, a trail could be constructed to connect areas together. He would not mind putting a trail in if it would be credited and go against the park dedication fees, Councilmember Jacobson wondered what the policy dictates. Mr, Berkowitz stated the trail in the development would be considered an internal trail to the development and is the developer's expense because the way that the trail fee is, that handles the regional trail system, mainly on County roads, and connects areas that are already developed that may need a connection trail but any internal trails are covered and paid for by the developer, Mayor Gamache stated the problem he sees is that the Council is leaning towards the developer putting a trail system in so it will tie into a future development that would bring it down to 157th and the parks so then it becomes a regional trail. They do not want it as an internal trail and prefer not to have it. He thought the City was asking them to build a fIrSt leg of a regional trail. Councilmember Trude wondered what they did for Woodland Estates 6th, Veterans Memorial Boulevard. Mr. Berkowitz stated it was assessed back to the properties and the developer paid for Regular Andover City Council Meeting Minutes - December 6, 2005 Page 8 that. That is the trail segment along Veterans Memorial Boulevard from the end of Woodland 4th, through Woodland 6th to the end of the plat, which will tie into the rural reserve in the future. Councilmember Trude thought this trail would help the people in the neighborhood to get to parks in the future and would be a benefit to the residents in that development. Mr. Berkowitz stated the difficulty with not building a trail with the development is in the future it will be very difficult to develop it because residents would probably oppose it. Mr, Dickinson stated the trail fee is designed to connect neighborhoods. Things contained within the plat have been the responsibility of the development so they would require them to take the trail to the end of their plat. If the end of the plat does not connect to the trail that is where the trail fee dollars would come into play. The Council continued to discuss the City trail system with staff, Mayor Gamache thought they should reserve a space for a trail south of 165th Avenue NW that would run from Yakima to 7th, reserving a right-of-way along the south side so the residents would be aware a trail would go in and then it would tie into the regional trail along 7th. Mr, Dickinson stated they would be lookin~ for a trail easement. Mr. Berkowitz stated it will be a long time before residents see a trail along 7 . Councilmember Trude thinks the County really focuses on north/south routes but in the long run it would be a better investment to build a trail east to Seventh along I 65th rather than maybe going down Ventre which would dump people down to 159th which has no shoulder and is narrow and the cars go fast and she would not want her kids to end up there. Mr. Berkowitz stated they could take a trail easement so it is identified on the property survey when they buy a lot, He thought the Council wanted just an easement and a trail would not be built. Councilmember Trude noted she would want the trail to be built because if they do not build one now, will one ever get built. Councilmember Orttel thought some part of the trail should be built, Mr. Berkowitz stated they would prefer to send the trail down south and eventually look at a trail along 159th and keep them away from the curve and 7th Avenue. Councilmember Trude thought this needed to be looked at a little bit more because 159th is very narrow. Motion by Jacobson, Seconded by Knight, to approve the proposed plat with the addition of item 8, alllot driveways shall access into interior streets; item 9, 163 rd Lane renamed Yakima Street, item 10, a determination of a trail or trail rights-of-way, Mr, John Ottenstoer, 5230 - 163rd Lane, stated they have not had anyone have trouble finding their location as long as they come down off 165th. He thought it would be confusing if they changed the east/west street. Councilmember Orttel did not know if they could because of the issue with 911 and they are required to follow the pattern, Motion carried unanimously. (RES. R214-05) CONSIDER AMENDED CONDITIONAL USE PERMITICINGULAR WIRELESSI16191 (!) 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayor and CounciImembers ~ James Dickinson, City Administrat~ Dana Peitso, Human Resources Manager CC: FROM: SUBJECT: Approve Updating Employee Personnel Policies DATE: April 4, 2006 INTRODUCTION Due to some changes the Department of Labor (DOL) made last year to the Fair Labor Standards Act (FLSA), Human Resources would like to make some minor changes and/or clarifications to the current City of Andover Personnel Policy, DISCUSSION The last update to the Andover Personnel Policy was in March of 2002, In response to the clarification of the FLSA regulations last year by the DOL, and to clarifY other minor issues, the Human Resources Manager recommends making the following changes to the Employee Personnel Policy, all recommended changes are underlined: Sec. 2. Definitions. (2) Employee: An individual employed in a permanent position and has successfullv passed probation, Sec. 12. Regular Hours oeWork. (b) City employees are permitted a paid IS minute break during a 4 hour shift Anvone working in excess of 6 hours is allowed to take an unpaid 30-minute lunch, Emplovees are permitted to combine the paid IS-minute breaks and the unpaid 30-minute lunch. so that they may take I hour off during the day (I hour lunch period), If an emplovee works through lunch. or chooses not to take a lunch, they may leave 30 minutes earlv (with supervisor permission) at the end ofthe day or they can submit their time as actuallv worked, Sec. 13. Overtime. (c) In order to earn overtime, emplovees must work at least 40 hours during the workweek Emplovees cannot use vacation and/or compensatorv time to earn more compensatorv time, Sec. 15. Employee Benefits. (a) Only full-time employees shall be eligible to receive sick leave, vacation, annual leave, insurance benefits, paid holidays and other benefits as defmed under the appropriate provisions of this ordinanee policy, Sec. 22. Funeral Leave. (a) 3 days Paid - Immediate family UP to 24 hours total. Sec. 33.2 Travel Reimbursement a) Mileage and meal allowance advaneements er-reimbursements will be established at the current IRS rates, b) Receipts for miscellaneous travel expenses (i.e, parking fees, cab fares) are necessary for the employee to be reimbursed, c) At the discretion of the Department Head. a report outlining the content ofthe seminar must be filed with tlle department head aT City J'.dministFatar within two weeks after returning from an out of the Metropolitan area conference, Sec. 38. "Out ofthe City" Use oCVehicles Puillie Works Department and Fire Depal l~ent Duty Yse. (c) Other City Vehicle Use, It is in the best interest of the City that employees holding certain positions within the City be provided with a vehicle on a continuous basis, Those City Departments where this continuous vehicle use is anowed are Building. Fire and Public Works. due to the on-call. 24/7 nature of the work thev perform. Such use of a City-owned vehicle is subiect to an Federal and State income tax regulations, When such vehicle is provided, it shan be used for City business only, No vehicles shan be used for personal use, City vehicles can also be used out of the seven-county metro area for work-related issues, such as training. seminars. etc, A vehicle can be used by City employees to insure an efficient response to the community, RECOMMENDATION Please consider approving the updates to the Employee Personnel Policy, RZ~ Dana Peitso ~ 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,CI.ANDOVER,MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve Amendment #1 to Joint Powers Agreement for North Metro HighwaylO Corridor Coalition DATE: April 4, 2006 INTRODUCTION At the most recent meeting ofthe North Metro HighwaylO Corridor Coalition, the board recommended that member Cities approve Amendment #1 to Joint Powers Agreement for North Metro HighwaylO Corridor Coalition. DISCUSSION Attached for the Council's review are two versions of the Joint Powers Agreement - one with changes made and the other reflecting "tracked changes" to more easily identify where changes were made within the document. Most changes are housekeeping items; the major items are the addition of the City of Dayton, the expansion of the focus to include city and county roadway systems, and the change of the Secretary-Treasurer title to Administrative Representative, ACTION REOUESTED Approve Amendment #1 to Joint Powers Agreement for North Metro Highway 10 Corridor Coalition, - C:;AL DRAFT~ AMENDMENT # 1 TO JOINT POWERS AGREEMENT FOR NORTH METRO TRUNK IDGHW AY 10 CORRIDOR COALITION The parties to this agreement are governmental units of the State of Minnesota, This agreement is made and entered into pursuant to Minnesota Statutes, 1994, Section 471,59, WITNESSETH: WHEREAS, Anoka County and the Cities of Coon Rapids, Anoka, Ramsey, Andover and Elk River, all of whom directly border on or are in close proximity to Trunk Highway 10 (TH10), hereby agree to continue the North Metro Highway 10 Corridor Coalition, (Coalition) and WHEREAS, the Coalition will continue a collaborative effort to identify and address transportation and transit needs and other physical land use and community planning issues associated with the improvement and expansion of the TH 10 corridor and their respective city and county roadway systems, and to address other issues that respective members from time to time deem appropriate; and WHEREAS, the Coalition desires to utilize this strategic alliance to assist in marketing and guiding development along the TH 10 Corridor; and WHEREAS, the success of this collaborative effort will be dependent upon having access to adequate resources to comprehensively research and address the critical issues that impact TH 10; and NOW THEREFORE, on the basis of the premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I. VISION STATEMENT The purpose of this agreement is to create an organization through which the members that are parties to this Joint Powers Agreement may jointly and cooperatively plan for and maximize the opportunities for sub-regional transportation and transit development, quality growth and diversification along TH 10 and TH 169 through a system of collaboration, pursuant to Minnesota Statutes, 1994, Section 471,59, ARTICLE II. ORGANIZATIONAL GOALS The goal of the Organization shall be to: Work cooperatively with transportation, transit and other agencies, including the NorthStar Corridor Development Authority, Minnesota Department of Transportation, Metropolitan Council and Metro Transit, in planning for ~ transportation improvement including connecting State and County roadways, mass transit needs, and other infrastructure improvements along TH 10 to maintain and improve congestion and plan for future development implications along the corridor. ARTICLE III. DEFINITIONS For purposes of this agreement the terms defined in this Article have the meanings given them, Section 1, "Agreement" means this Joint Powers_agreement. Section 2, "Board" means the Board of Directors created by Article V. Section 3. "Director" means a director or alternate director appointed under Article V of this agreement. "Governing body" means the City Council of a member City or County Board of a member County, Section 4, Section 5, "Governmental unit" means a county, a home rule city, a statutory city, a housing and redevelopment authority, or an economic development authority, Section 6, "Member" means a governmental unit that is a party to this agreement and is in compliance with and in good standing under this agreement. Section 7, "The North Metro Trunk Highway 10 Corridor Coalition" (Coalition) means the organization established by this agreement. ARTICLE IV. MEMBERSHIP Section 1, Any governmental unit bordering or in close proximity to TH, 10 north of the intersection of TH. 10 and TH, 610, is eligible to be a member of the Coalition. Section 2. The continuing_members of the Coalition are Anoka County and the cities of Coon Rapids, Anoka, Ramsey, Andover and Elk River. Section 3, A governmental unit other than continuing members desiring to be a member of the North Metro Trunk Highway 10 Corridor Coalition may apply to do so by delivering a resolution of its governing body authorizing execution of this Agreement, along with an executed copy of this Agreement, to the President or Authorized Representative of the North Metro Highway 10 Corridor Coalition. The Board may approve or disapprove the admission of said governmental unit. Approval must be by unanimous vote of the Board, The Board may impose reasonable conditions on the admission of members and establish procedures for the removal of a member for cause, 2 Section 4, The Coalition Board may approve the creation of a Membership category open to private persons or entities subject to limitations contained in Minnesota Statutes, 1994, Section 471,59, if any, with provisions for participation in governance decisions as may be agreed to by the Board as expressed in the Bylaws, ARTICLE V. BOARD OF DIRECTORS Section 1, The governing body of the North Metro TH 10 Corridor Coalition is its Board of Directors, A member shall have two (2) director positions and one (1) alternate director. a) Unless otherwise specified by resolution of the governing body, the directors of a city member shall be the mayor and the chief administrative officer of the city, Each director has one vote. The alternate director shall be an elected official of the member city, and may attend meetings of the board and may vote in the absence of a director. b) Unless otherwise specified by resolution of the governing county board, the directors of a county shall be a county board member and a county staff person designated by the county board, Each director has one vote. The alternate director may be either elected or non-elected representatives of the county, and may attend meetings of the board and may vote in the absence of a director. Section 2, Directors serve until their respective successors are appointed and qualified, Section 3. A director may be removed from the board at any time, with or without cause, by resolution of the governing body making the appointment. The resolution removing the director must be filed with the Representative, Section 4, A vacancy on the Board is filled in the same manner that the appointment of a director is made, Section 5. Directors may vote by proxy, Section 6, A director may not vote if the Board determines that the member represented by the director is not in compliance with this agreement or if the director has been removed from the Board, ARTICLE VI. MEETINGS Section 1, The Board must conduct an annual meeting at a date and place specified in its by- laws to elect officers and to undertake such other business as may properly come before it. The Board may provide for a schedule of regular meetings, 3 Section 2, The President may call a special meeting of the Board and the Representative may call a special meeting of the Board upon written request of such number of directors as specified by the by-laws. Notice of a special meeting must be sent to directors no fewer than five days prior to the special meeting, Business at special meetings is limited to matters contained in the notice of the special meeting. ARTICLE VII. OFFICERS: COMMITTEES Section 1, The officers of the Board are a President, a Vice President and an Administrative Representative elected for a term of one year by the directors at the organization meeting and at the annual meeting, The Board may designate directors to act as officers in the absence of any officer. Section 2. The President presides at meetings of the Board and shall serve as spokesperson for the Coalition, The Administrative Representative is responsible for records of proceedings of the Board, the funds and financial records of the Board, and such other matters as may be delegated by the Board, The Vice President shall preside at Board meetings and serve as needed in the absence of the President. Section 3. The Administrative Representative must sign vouchers or orders disbursing funds of the North Metro Highway 10 Corridor Coalition, Disbursement will be made in the method prescribed by law for statutory cities, Section 4. The Board may in its by-laws provide for and define the duties of such other officers as it determines necessary from time to time, Section 5, The Board may in its by-laws provide for such committees as it determines necessary from time to time, A by-law providing for an executive committee and defining the powers and duties of an executive committee may be adopted only by a favorable vote of all members of the Board, ARTICLE VIII. POWERS AND DUTIES Section 1, The Board may take such actions, as it deems necessary and convenient to accomplish the general purposes of this agreement. A member community shall retain the right to specifically approve proposed improvements in its community. Section 2, The Board may: (a) Enter into contracts to carry out its powers and duties; (b) Purchase and hold personal property and accounts; (c) Contract for space, commodities or personal services with a member or group of members; 4 (d) Accept gifts, apply for and use grants or loans of money or other property from the state, the United States of America, and from other governmental and non- governmental units and may enter into agreements in connection therewith and hold, use and dispose of such money or property in accordance with the tenns of the gift, grant, loan or agreement relating thereto; (e) Collect and analyze data, develop strategic recommendations and implement marketing programs for the purpose of economic development and retention of existing businesses within the jurisdiction of areas of operation of the parties; (f) Purchase liability insurance to insure against liability of the organization and its constituent members, ARTICLE IX. FINANCIAL MATTERS Section 1, The fiscal year of the North Metro Highway 10 Corridor Coalition is the calendar year. Section 2, The Board shall adopt an annual budget for each year prior to November 1 of the preceding year, The Board will give an opportunity to each member to comment or object to the proposed budget before adoption. Notice of the adopted budget must be sent promptly thereafter to the chief administrative officer of each Coalition member. The budget for any year is deemed approved by each member unless, prior to December 1st of the preceding year, a member gives written notice to the Administrative Representative that the member is withdrawing at the end of the year as provided in the Agreement. Section 3, Operational costs shall be shared according to the following fonnula: Each member's share of the annual budget will be based 50% on the members population compared to the aggregate population of all members and 50% on the members assessed valuation compared to the aggregate assessed valuation of all members, County membership cost participation shall annually be detennined by the full Board, The Board may establish a minimum fee and a maximum fee Section 4, Membership dues for members joining the organization after the beginning of the budget year shall be assessed a fee comparable to similar current members and shall be included in the calculation outlined in Section 3 in subsequent years, Section 5, Coalition membership dues are due and payable no later than 30 days after mailing. In the event of a dispute as to the amount of a billing a member must nevertheless make payment as billed to preserve membership status, The member may make payment subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the member director, Failure to pay a billing within 120 days is grounds for tennination of membership, 5 ARTICLE X. WITHDRAWAL Section 1, A member may withdraw from the Coalition no later than December 1 in any year. The notice shall be accompanied by a certified copy of a resolution adopted by the goveming body of that member authorizing its withdrawal from membership, The withdrawal is effective at the end of the calendar year in which notice is given. Section 2, The withdrawal of a member does not affect that member's obligation to pay fees, charges or contractual charges incurred prior to withdrawal. ARTICLE XI. DISSOLUTION Section 1. The Coalition may be dissolved by a two-thirds vote of its members in good standing, Dissolution is mandatory when the Administrative Representative has received certified copies of resolutions adopted by the goveming bodies of the required number of members requesting dissolution of the Coalition. Section 2, In the event of dissolution, the Board must determine the measures necessary to affect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law, Section 3, In the event of dissolution, following the payment of all outstanding obligations, assets of the Coalition will be distributed among the then existing members in direct proportion to their cumulative annual membership contributions. If those obligations exceed the assets of Coalition, the net deficit of the Coalition will be charged to and paid by the then existing members in direct proportion to the operational cost formula set forth in Article IX, Section 3, herein, ARTICLE XII. EFFECTIVE DATE; DURATION Section 1, This Agreement shall become effective upon filing with the County Recorder or the City Clerk of the City or County of , a copy of resolutions authorizing its execution, and an executed copy hereof, of all of the initial members listed in Article IV, Section 2, In the event fewer than all of said initial members approve and execute this Agreement, this Agreement may become effective upon filing with said City Clerk, a copy of resolutions of all cities desiring to become members of the organization consenting to the creation of the Coalition notwithstanding the failure to participate by specified members, 6 ARTICLE XIII. EVALUATION OUTCOMES The Coalition seeks the following outcomes and periodically will measure success against stated goals to determine whether the Coalition should continue as a Joint Powers effort: Section 1, Transportation and transit infrastructure improvements resulting in improved service, business growth and labor availability, Section 2. Adoption of operating policies and framework so that goals and objectives of organization can be achieved, IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed by its duly authorized officers and delivered on its behalf, Governmental Unit: By: Its: And: Its: Received and filed by the City! County of 2006, this _ day of 7 JOINT POWERS AGREEMENT FOR NORTH METRO TRUNK illGHWAY 10 CORRIDOR COALITION The parties to this agreement are governmental units of the State of Minnesota, This agreement is made and entered into pursuantto Minnesota Statutes, 1994, Section 471,59, WITNESSETH: WHEREAS, Anoka County and the Cities of Coon Rapids, Anoka, Ramsey, Andover and Elk River, all of whom directly border on or are in close proximity to Trunk Highway 10 (TH10), hereby agree to form- continue the North Metro Highway 10 Corridor Coalition, and WHEREAS, the Coalition will commence continue a collaborative stOOy effort to discuss, identify and address transportation and transit needs and other physical land use and community planning issues associated with the improvement and expansion of the TH 10 corridor and their respective Gities city and county roadway systems, and to address other issues that respective members from time to time deem appropriate; and WHEREAS, the Coalition intends to utilize this information to guide :md support development of essential tr:msportation and infr3structure improvements along and exp3nsion of TH 10, to assist in determining appropriato mass transit policies, and 3ddress other issues that respectivo members from time to time deem 3pproprbte; 3nd WHEREAS, the Coalition desires to utilize this strategic alliance to assist in marketing and guiding development along the TH 10 Corridor; and WHEREAS, the success of this collaborative effort will be dependent upon having access to adequate resources to comprehensively research and address the critical issues that impact TH 10; and NOW THEREFORE, on the basis of the premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I. VISION STATEMENT The general purpose of this agreement is to create an organization through which the members that are parties to this Agreement may jointly and cooperatively plan for and maximize the opportunities for sub-regional transportation and transit development, quality growth and diversification along TH 10 through a system of collaboration, pursuant to Minnesota Statutes, 1994, Section 471,59, ARTICLE II. ORGANIZATIONAL GOALS Coalition goals include: Section 1, The Qoal of the OrQanization shall be to: Work cooperatively with transportation, transit and other agencies, including the NorthStar Corridor Development Authority, Minnesota Department of Transportation, Metropolitan Council and Metro Transit, in planning for transportation improvement including connecting State and County roadways, mass transit needs, and other infrastructure improvements along TH 10 to maintain and improve congestion and plan for future development implications along the corridor. Section 2, Develop a collaborative and coordinated effort in other areas of regional municipal interest, including GIS coordination, economic development cooperation, training, resource sharing and program development. ARTICLE III. DEFINITIONS For purposes of this agreement the terms defined in this Article have the meanings given them. Section 1, "Agreement" means this agreement. Section 2. "Board" means the Board of Directors created by Article V, Section 3. "Director" means a director or alternate director appointed under Article V of this agreement. Section 4. "Governing body" means the City Council or other governing body of a member city or County Board of a member County, Section 5, "Governmental unit" means a county, a home rule city, a statutory city, a housing and redevelopment authority, or an economic development authority, Section 6. "Member" means a governmental unit that is a party to this agreement and is in compliance with and in good standing under this agreement. Section 7. "The North Metro Trunk Highway 10 Corridor Coalition" means the organization established by this agreement. ARTICLE IV. MEMBERSHIP Section 1. Any governmental unit bordering or in close proximity to T,H, 10 north of the intersection of T.H. 10 and T.H, 610, is eligible to be a member of the Coalition, Section 2, The iAiliaI continuinq members of the Coalition are Anoka County and the cities of Coon Rapids, Anoka, Ramsey, Andover and Elk River. Section 3, A governmental unit other than iAiliaI continuinQ members desiring to be a member of the North Metro Trunk Highway 10 Corridor Coalition may apply to do so by delivering a resolution of its governing body authorizing execution of this Agreement, along with an C:\Documents and SettingsljdickinsonlLoca. SettingslTemporary Internet Files10LK18D\11I10 JP A Amendment witb cbanges visible 2 03.2006,doc executed copy of this Agreement, to the President or Secretary-Treasurer of the North Metro Highway 10 Corridor Coalition, The board may approve or disapprove the admission of said governmental unit. Approval must be by unanimous vote of the Board, The board may impose reasonable conditions on the admission of members and establish procedures for the removal of a member for cause, Section 4, The Board may approve the creation of a Membership cateqorv open to private persons or entities subiect to limitations contained in Minnesota Statutes. 1994. Section 471,59. if any, with provisions for participation in qovernance decisions as may be aqreed to by the Members as expressed in the Bylaws, ARTICLE V. BOARD OF DIRECTORS Section 1, The governing body of the North Metro High.....ay 10 Corridor Coalition is its B03rd of Directors, Each member shall have two director positions, Unless otherwise specified by resolution of the governing body, the directors of a city member Sh311 be the mayor and the chief administrati'Je officer of the city, E3ch director has one vote 3nd all Coalition business shall be conducted on 3 m:ljority vote, except v:here this Agreement requires 3 super majority (See Article XII), .^. member m3Y 3ppoint one 31tom3te director. The alternate director may attend meetings of the boar-d and may vote in the absence of a director, Section 1, The qoverninq body of the North Metro TH 10 Corridor Coalition is its Board of Directors, A member shall have two (2) director positions and one (1) altemate director. a) Unless otherwise specified by resolution of the Qoveminq body, the directors of a city member shall be the mayor and the chief administrative officer of the city, Each director has one vote, The altemate director shall be an elected official of the member city, and may attend meetinqs of the board and may vote in the absence of a director. b) Unless otherwise specified by resolution of the qoveminq county board, the directors of a county shall be a county board member and a county staff person desiqnated by the county board, Each director has one vote, The alternate director may be either elected or non- elected representatives of the county. and may attend meetinqs of the board and may vote in the absence of a director, Section 2. Directors serve until their respective successors are appointed and qualified. Section 3, A director may be removed from the board at any time, with or without cause, by resolution of the goveming body making the appointment. The resolution removing the director must be filed with the Representative Secretary Treasurer. Section 4, A vacancy on the board is filled in the same manner that the appointment of a director is made, C:IDoeuments and Settings\jdiekinson\Loeal Settings\Temporary Internet Files\OLKI8D\THIO JPA Amendment witb ebanges visible 3 03.2006,doe Section 5, Directors may vote by proxy. Section 6, A director may not vote if the board determines that the member represented by the director is not in compliance with this agreement or if the director has been removed from the board, Section 7, Tho B03rd sh311 adopt 3n initial work plan for 2000, and sh311 3dopt future annual 'Nork plans contempor3neously ',\Iith the adoption of each annual budget. ARTICLE VI. MEETINGS Section 1, The directors forming the initi31 b03rd must conduct an organizational meeting no later than 30 days after the effective date of this 3gr-aement. flJ. the organiz-3tional meeting, or 3S soon thereafter as is reasonably possible, the board must elect its officers, 3nd adopt such by 13.....s 3nd other procedures governing the conduct of its meetings 3nd its business 3S it deems appropri3te, The board must conduct an annual meeting at a date and place specified in its by- laws to elect officers and to undertake such other business as may properly come before it. The board may provide for a schedule of regular meetings. ^ regular meeting must be held in 2000 and thereafter 3S provided by the by 13\\1s of the org3niz3tion, Section 2, The President may call a special meeting of the board and a Secretary Treasurer the Administrative Representative may call a special meeting of the board upon written request of such number of directors as specified by the by-laws, Notice of a special meeting must be m3iled sent to directors no fewer than five days prior to the special meeting, Business at special meetings is limited to matters contained in the notice of the special meeting. ARTICLE VII. OFFICERS: COMMITTEES Section 1, The officers of the board are a President, a Vice President and 3 Secretary Tro3suror an Administrative Representative elected for a term of one year by the directors at the organization meeting and at the annual meeting. The board may designate directors to act as officers in the absence of any officer, Section 2, The President presides at meetings of the board and shall serve as spokesperson for the Coalition, The Secretary Tro3suror Administrative Representative is responsible for records of proceedings of the board, the funds and financial records of the board, and such other matters as may be delegated to the Secretary Treasurer by the board, The Vice President shall preside at board meetings and serve as needed in the absence of the President. C:\Documents and Scttingsljdickinson\Local ScttingslTemporary Internet FileslOLKI8D\THI0 JPA Ameodment with chaoges visible 03.2006.doc 4 Section 3, The President, the Vice President and/or the Secretary Tr-e3surer Administrative Representative must sign vouchers or orders disbursing funds of the North Metro Highway 10 Corridor Coalition, Disbursement will be made in the method prescribed by law for statutory cities. Section 4. The board may in its by-laws provide for and define the duties of such other officers as it determines necessary from time to time. Section 5, The board may in its by-laws provide for such committees as it determines necessary from time to time, A by-law providing for an executive committee and defining the powers and duties of an executive committee may be adopted only by a favorable vote of all members of the board, ARTICLE VIII. POWERS AND DUTIES Section 1. The board may take such actions, as it deems necessary and convenient to accomplish the general purposes of this agreement. A member community shall retain the right to specifically approve proposed improvements in its community. Section 2, The board may: (a) Enter into contracts to carry out its powers and duties; (b) Purchase and hold personal property and accounts; (c) Contract for space, commodities or personal services with a member or group of members; (d) Accept gifts, apply for and use grants or loans of money or other property from the state I the United States of America, and from other govemmental and non-governmental units and may enter into agreements in connection therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto; (e) Collect and analyze data, develop strategic recommendations and implement marketing programs for the purpose of economic development and retention of existing businesses within the jurisdiction of areas of operation of the parties; (f) Purchase liability insurance to insure against liability of the organization and its constituent members, ARTICLE IX. FINANCIAL MATTERS Section 1. The fiscal year of the North Metro Highway 10 Corridor Coalition is the calendar year. Section 2, The Board shall adopt an initial budget for 2000 3nd thereafter adopt an annual budget for each succeeding year prior to July 1 November 1 of the preceding year. The board will give an opportunity to each member to comment or object to the proposed budget C:\Documeots aod Settiogsljdickiosoo\Local Settiogs\Temporary Ioteroet Files\OLKI8D\THIO JPA Ameodmeot witb cbaoges visible 5 03.2006,doc before adoption, Notice of the adopted budget must be mailed sent promptly thereafter to the chief administrative officer of each Coalition member, The budget for any year is deemed approved by each member unless, prior to December 1 sl of the preceding year, a member gives written notice to the Secretary Treasurer Administrative Representative that the member is withdrawing at the end of the year as provided in the Agreement. Section 3, Operational costs shall be shared according to the following fonnula: Each member's share of the annual budget will be based 50% on the members population compared to the aggregate population of all members and 50% on the members assessed valuation compared to the aggregate assessed valuation of all members. County membership cost participation shall annually be detennined by the full Board, The Board may establish a minimum fee and a maximum fee Section 4, Membership dues for members ioininq the orqanization after the beqinninq of the budqet year shall be assessed a fee comparable to similar current members and shall be included in the calculation outlined in Section 3 in subsequent years. Section 4,~ Coalition membership dues are due and payable no later than 30 days after mailing, In the event of a dispute as to the amount of a billing a member must nevertheless make payment as billed to preserve membership status, The member may make payment subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the member director. Failure to pay a billing within 120 days is grounds for tennination of membership. ARTICLE X. WITHDRAWAL Section 1. A member may withdraw from the Coalition no later than October 10th December 1 in any year. The notice shall be accompanied by a certified copy of a resolution adopted by the goveming body of that member authorizing its withdrawal from membership, The withdrawal is effective at the end of the calendar year in which notice is given. ' Section 2, The withdrawal of a member does not affect that member's obligation to pay fees, charges or contractual charges incurred prior to withdrawal. ARTICLE XI. DISSOLUTION Section 1, The Coalition may be dissolved by a two-thirds vote of its members in good standing, Dissolution is mandatory when the Secretary Treasurer Administrative Representative has received certified copies of resolutions adopted by the governing bodies of the required number of members requesting dissolution of the Coalition, C:\Documents and SettingsljdickinsonlLoea' Settings\Temporary Internet Files\OLKl8D\THIO JPA Amendment with ehanges visihle 6 03.2006,doe Section 2, In the event of dissolution, the board must determine the measures necessary to affect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement and law, Section 3, In the event of dissolution, following the payment of all outstanding obligations, assets of the Coalition will be distributed among the then existing members in direct proportion to their cumulative annual membership contributions, If those obligations exceed the assets of Coalition, the net deficit of the Coalition will be charged to and paid by the then existing members in direct proportion to the operational cost formula set forth in Article IX, Section 3, herein, ARTICLE XII. EFFECTIVE DATE; DURATION Section 1, This Agreement shall become effective upon filing with the County Recorder or the City Clerk of the City or County of , a copy of resolutions authorizing its execution, and an executed copy hereof, of all of the initial members listed in Article IV, Section 2, In the event fewer than all of said initial members approve and execute this Agreement, this Agreement may become effective upon filing with said City Clerk, a copy of resolutions of all cities desiring to become members of the organization consenting to the creation of the Coalition notwithstanding the failure to participate by specified members, ARTICLE XIII. EVALUATION OUTCOMES The Coalition seeks the following outcomes and periodically will measure success against stated goals to determine whether the Coalition should continue as a Joint Powers effort: Section 1 ,Transportation and transit infrastructure improvements resulting in improved service, business growth and labor availability, Section 2, Securance of a fair share of available metropolitan 3roa public 3nd privato in'.'estmont rosources, Soction 3, Completion of design of a comprohonsive land use policy for the Corridor. Section 4-g. Adoption of operating policies and framework so that goals and objectives of organization can be achieved, C:\Documents and SettingsljdickinsonlLocal Settings\Temporary Internet Files\OLKI8D\llIlO JPA Amendment with changes visible 7 03.2006,doc IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed by its duly authorized officers and delivered on its behalf. Governmental Unit: By: Its: And: Its: Received and filed by the City/County of 2006, this _ day of C:\Documents and ScttingsljdickinsonlLocal Settings\Temporary Ioternet Filcs\OLKI8D\THIO JPA Amendment witb cbanges visible 8 03.2006,doc CITY OF NDOVE (1J 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN,US CC: Jim Dickinson, City Administrator TO: Mayor and City Council FROM: Vicki Volk, City Clerk SUBJECT: Adopt Resolution Establishing Absentee Ballot Board DATE: April 4, 2006 INTRODUCTION Minnesota Statute 203B.13 provides that a municipality may, by resolution, authorize the use of an Absentee Ballot Board. DISCUSSION Anoka County Elections has requested that each city in the county adopt a resolution providing for the use of an Absentee Ballot Board, In order for any city in Anoka County to use this procedure the Elections Department is requiring 100% participation An Absentee Ballot Board is a set of election judges who review the absentee ballots that come in prior to Election Day to validate that signatures and addresses on the absentee ballot application and the absentee ballot envelope match. This provides for the acceptance or rejection of the absentee ballots. This procedure allows for re-issuance of a ballot to those voters whose ballots were rejected for registration errors or address/signature errors up to 5 days prior to Election Day. The Ballot Board would consist of the City Clerk, City Staff or elections judges who have received the required training and possibly the Anoka County Elections Department. The advantage of using an Absentee Ballot Board is that it will alleviate some of the Election Day responsibilities of our judges, This should also reduce the possibility of Election Day errors as they relate to acceptance and denial of absentee ballots. Being able to review the absentee ballots prior to the election provides the ability to issue a replacement ballot or correct registration errors prior to Election Day, making sure that every vote that is cast is counted. Please note that none of the absentee envelopes would be opened by the Absentee Ballot Board. ACTION REQUIRED The City Council is requested to adopt the attached resolution establishing an absentee ballot board, Respectfully submitted, iJ:.L; (J../L Vicki V olk City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, -06 A RESOLUTION AUTHORIZING THE USE OF AN ABSENTEE BALLOT BOARD FOR ELECTIONS IN THE CITY OF ANDOVER WHEREAS, the City of Andover receives hundreds of absentee ballots for each election from disabled voters, out of town voters and military personnel; and WHEREAS, on election day, election judges must make time to review each of the absentee ballots and either accept or reject the ballots according to the criteria laid out by the State of Minnesota; and WHEREAS, the duties of our election judges on election day are numerous, and it is difficult for them to find sufficient time for processing the absentee ballots; and WHEREAS, Minnesota Statute 203B.13 allows the establishment for an Absentee Ballot Board by municipalities who authorize its establishment through adoption of a resolution; and WHEREAS, an Absentee Ballot Board provides for the establishment of a Board that will be responsible for reviewing the incoming absentee ballots for acceptance or rejection prior to election day; and WHEREAS, providing the establishment of an Absentee Ballot Board will improve the accuracy of the review, as well as lessen the need for this time-consuming task to be completely handled on election day while the polls are operating; and WHEREAS, the Anoka County Elections Department has offered to help facilitate the Absentee Ballot Board system for the State elections, which means more experienced workers can supervise accepting/rejecting of the absentee ballots; and WHEREAS, in order for the cities located in the County of Anoka to implement this use, the Anoka County Elections Department will require 100% participation of all cities/towns/school boards, NOW, THEREFORE, BE IT RESOLVED BY THE ANDOVER CITY COUNCIL: 1, That the City Council of the City of Andover hereby authorizes the establishment and use of an Absentee Ballot Board for elections. 2, That the City Clerk or his/her designee is authorized to serve as/on the Board, 3, The City Clerk is authorized to employ the suitable number of election judges and/or staff persons who have been officially trained as an election judge, Adopted by the Andover City Council this day of April, 2006, CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria Volk-City Clerk (9) 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO:. Mayor and Council Members ~ Jim Dickinson, City Administrato~ David D, Berkowitz, City EngineerJ)$ CC: FROM: Todd J, Haas, Asst. City Engineer SUBJECT: Approve Quotes/05-56/Northwoods East Park/Fencing & Mow Strips - Engineering DATE: April 4, 2006 INTRODUCTION This item is in regard to considering quotes for fencing and concrete mow strips for the ball field at Northwoods East Park and for fencing at Prairie Knoll Park for the sliding hill, DISCUSSION As you recall, last September's storm that hit Andover caused a lot of tree damage along the south property line of Northwoods East Park which created an unwanted clear view of the park for the property owner on the south side of the park. If you haven't been to the park before the old ball field backstop fence was located adjacent to this property owner, Due to trees that were knocked down from the storm, it was suggested by the Public Works Parks Department that the field should be relocated to the northwest comer of the park to get further away from the property owner, Also, just so you know, the old backstop fence was outdated which prompted installing a new fence that meets guideline requirements from the Minnesota League ofMN Cities, The quotes received are as follows: Contractor Arrow Fence Co. North Star Fence Base Ouote $10,062,57 $10,388.00 Alternate #1 $8,048,85 $6,340,00 Alternate #2 $2,497,00 $2,600,00 Total Base & Alternate #2 $12,559.57 $12,988,00 Note: Quotes were received for an outfield fence (Alternate #1) at Northwoods East Park. Alternate #2 is a quote for fencing for the existing sliding hill at Prairie Knoll Park to eliminate users sliding onto the free skating rink and also eliminate users hitting the light pole that exists between the hill and the free skating rink, The Park & Recreation Commission has reviewed the quotes for fencing and is recommending the Base quote and Alternate #2 be approved, The Commission didn't feel that the outfield fence is necessary since there was none before and the field is being used by younger players, In addition, the Commission has recommended that concrete pads for the bleacher/dugout areas along with mow strips for the fencing also be approved, Quotes for mow strips are as follows: Contractor North Country Concrete Landmark Concrete, Inc, Schmidt Curb Co" Inc, Quote $7,754.40 $8,508,80 $11,454,00 Mayor and Council Members April 4. 2006 Page 2 of2 BUDGET IM:PACT The fencing is not currently budgeted project specific in the CIP or in the Public Works Parks Department maintenance budget. Therefore, the Park Commission recommended that the fencing of both parks be funded utilizing the $25,000 miscellaneous fund that is identified in the CIP for unspecified projects such as these, Note: So the City Council is aware, the infield and ag-lime have already been relocated as of last fall, City staff has already indicated to the Andover Baseball Association that the ball field will not be ready until May 30th, As you know by now, the association needs every field they can get due to the size of their program, ACTION REOUIRED The City Council is requested to approve the quote received by Arrow Fencing for the Base and Alternate #2 for fencing at Northwoods East Park and Prairie Knoll Park and to North Country Concrete for the bleacher/dugout areas with mow strips at Northwoods East Park. Note: If the City Council does not approve the fencing improvements at Northwoods East Park, the associations will not be able to use this field as a practice or game field, As far as Prairie Knoll Park, the fence for the sliding hill is highly recommended to be installed due to a safety issue, Respectfully submitted, ~/~ Todd J, Haas @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve A TM Placement Agreement/Community Center DATE: April 4, 2006 INTRODUCTION The Community Center has been approached by numerous users indicating that an automated teller machine (A TM) is desired at the Community Center. DISCUSSION City staff has approached the local banking institutions to see if they would be interested in providing placement of an ATM in the Community Center at no charge to the City. To date those institutions have declined placement, citing not enough potential use. A private business, Viking A TM Services, has indicated they would be willing to provide the service desired. Viking ATM Service is the organization that provides ATM placement to the Anoka County License Centers and the attached contract is the same contract approved by the Anoka County Board of Commissioners. City Staff recommends the placement of an ATM and feels that it will help with concession sales. BUDGET IMPACT No cost to the City, the City will be compensated by Viking A TM Services. ACTION REQUESTED Approve the attached contract for ATM placement with Viking ATM Services. A TM PLACEMENT AGREEMENT THIS AGREEMENT is made and entered into between the City of Andover, Minnesota, hereinafter referred to as the "City," and Daniel B. Woolson, d/b/a Viking ATM Services, 1557 Coon Rapids Boulevard, Suite 203, Coon Rapids, Minnesota 55433, hereinafter referred to as the "Contractor." WITNESSETH: WHEREAS, the City operates offices at various locations and wishes to provide automated teller machines (A TMs) for public use at some or all of these locations; and WHEREAS, the Contractor represents that the Contractor is in the business of providing, installing, servicing, filling, and providing transactional processing services for automated teller machines, and is qualified and willing to furnish these services; and WHEREAS, the City wishes to enter into a transactional fee sharing agreement with Contractor for transactions conducted on said A TMs; and WHEREAS, Contractor is willing to place an ATM on the premises as specified by the City upon terms and conditions satisfactory to both parties, and upon City's entering into a transactional fee sharing agreement regarding transactions conducted on said A TMs; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed and understood as follows: I. TERM This Agreement shall commence upon the signing of this Agreement and shall continue for a term of two years. This Agreement shall be automatically extended for additional periods of two (2) years each unless either party provides to the other, at least thirty (30) days prior to the end of the term of the agreement, written notice of its intention to terminate. Upon termination of this Agreement, Contractor shall remove the A TM and other related equipment, furnishings and signage from the premises within thirty (30) days of termination. II. SERVICES AND EQUIPMENT TO BE PROVIDED Contractor shall place and City shall allow and provide space for the placement of an A TM on the premises as described in Exhibit A, in an i~door location or locations. The A TM to be placed for service at these locations will be a Triton Model 9100 or 9600. It is agreed that the A TM and all related equipment, furnishing and signage are and shall remain the sole personal property of Contractor and will be operated solely by Contractor. III. COMPENSATION Contractor shall pay the City forty dollars per month as compensattion to City for cost of dedicated ATM phone line and in addition will pay City $.50 cents per transaction each month on all surcharge revenue received on cash withdrawals after the first 200 surcharged transactions per machine per calender month as monthly rent for the A TM space utilized on City's premises by Contractor. Payments to the City on the City's share of assessable cash withdrawal transaction revenue will be disbursed monthly by Contractor to the City on or before the 28th day of each calendar month following the calendar month in which the assessable transactions occurred. C'ontractor will provide the City a monthly transaction report reflecting the number of assessable cash withdrawal transactions at each A TM location, and the City's share of the revenue earned from assessable cash withdrawal transactions on the ATM. IV. TRANSACTION PROCESSING AND SURCHARGE FEES City and Contractor agree that Contractor is the sole transaction processor and surcharge fee collector for the ATMs installed at locations specified in Exhibit A. Except as otherwise provided herein, all revenues derived from operation of the ATMs shall belong to Contractor. City will not be liable, and Contractor will indemnify City, for any funds, transactions, or errors in transactions as a result of A TM placement or use. All liability will be the sole responsibility of Contractor or Contractor's Banking Institution. Contractor shall set a surcharge fee to be set solely by Contractor. Contractor shall provide notice to customers of said surcharge to the extent required by law. V. AVAILABILITY City agrees that the A TM shall at all times remain available for use by the public during the City's normal business hours of operation at each location. Contractor reserves the right to schedule reasonable down time to accomplish necessary maintenance or system improvements, not to exceed five percent (5%) of available time, per calendar month. VI. MAINTENANCE/REPAIR Contractor shall provide installation and all maintenance, replacement parts and repair of each A TM installed pursuant to this contract for the term of the Agreement. City shall not make any alteration or addition to the ATM, and shall not permit anyone, other than an authorized representative of Contractor, to perform any service or repair work on the A TM without Contractor's prior written approval. Service personnel of Contractor shall observe and follow all regulations of which they are informed are in effect at the premises. -2- VII. PROCESSING SERVICES Contractor shall provide, and City agrees to utilize exclusively during the term of this Agreement, such data processing services as Contractor, in its sole discretion, has selected, to process all A TM transactions. City agrees to accurately complete, or has accurately completed, all of the necessary documentation as is reasonably required by Contractor to facilitate the implementation and delivery of such processing and other related services. Contractor agrees that any changes in processors will not affect the revenue divisions between the parties as specified in this Agreement. VIII. INVENTORY AND CASH REQUIREMENTS All cash in the A TM is the sole property of Contractor. Contractor or its designated representative shall be solely responsible to keep sufficient amounts of cash in the A TM during all business hours. Contractor or its designated representatives shall have reasonable access to the ATM during business hours of City in order to keep sufficient amounts of cash in ATM. IX. PHONE & ELECTRICAL REQUIREMENTS City agrees, at its expense, to provide and maintain a business telephone line and one (1) operating electrical power outlet (11 OV), both within 4 feet of the A TM site. City shall pay for monthly charges incurred in connection with such telephone line and electrical power usage. X. EXCLUSIVITY City shall not allow the placement of any other A TMs on the premises, nor subscribe to any other data processing service, for processing A TM transactions during the term of this Agreement, except as may be agreed upon the Contractor in writing. XI. AUDIT DISCLOSURE AND RETENTION OF RECORDS The Contractor agrees to make available to duly authorized representatives of the City and of the State of Minnesota, for the purpose of audit examination pursuant to Minn. Stat. 9 16C.05, any books, documents, papers, and records of the Contractor that are pertinent to the Contractor's provision of services hereunder. The Contractor further agrees to maintain all such required records for six (6) years after termination of this Agreement and the closing of all other related matters. XII. INDEMNIFICATION The Contractor agrees that it will hold harmless, indemnify, and defend the City against any and all claims, expenses (including attorneys fees), losses, damages or lawsuits for damages arising from or related to providing or failing to provide services hereunder, including but not limited to the negligence of the Contractor. The Contractor's indemnity obligation under this section includes, without limitation, any claims, suits, demands, damages, losses, -3- but not limited to the negligence of the Contractor. The Contractor's indemnity obligation under this section includes, without limitation, any claims, suits, demands, damages, losses, expenses, and liabilities arising from any allegation of an injury to Contractor or its employees, any subcontractor or its employees, while performing work or labor necessary to use, maintain and operate the ATMs under this agreement. XIII. INSURANCE The Contractor shall procure and maintain in full force and effect during the term of this Agreement, insurance coverage for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. XIV. INDEPENDENT CONTRACTOR It is agreed by the parties that at all times and for all purposes hereunder, the relationship of the Contractor to the City is that of an independent contractor and not an employee or agent of the City. XV. COMPLIANCE WITH LAWS In providing all services pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement and shall entitle the City to terminate this Agreement immediately upon delivery of written notice of termination to the Contractor. XVI. SUBCONTRACTING AND ASSIGNMENTS Contractor shall not enter into any subcontract for performance of any of the services contemplated under this Agreement, nor assign any interest in the Agreement without the prior written approval of the City and subject to such conditions and provisions as the City may deem necessary. The Contractor shall be responsible for the performance of all subcontractors. XVII. MODIFICATIONS Any material alterations, modifications or variations of the terms of this Agreement shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. -4- the subject of this Agreement on the basis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disability, or national origin. XIX. DATA PRIVACY In collecting, storing, using and disseminating data on individuals in the course of providing services hereunder, the Contractor agrees to abide by all pertinent state and federal statutes, rules and regulations covering data privacy, including, but not limited to, the Minnesota Data Practices Act and all rules promulgated pursuant thereto by the Commissioner of the Department of Administration. All data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing this Agreement is also subject to the provisions of Minn. Stat. 9 13 et. seq. (the Minnesota Government Data Practices Act) and, pursuant to that statute, the Contractor must comply with the requirements of that statute as if it were a government entity. All remedies set forth in Minn. Stat. 913.08 shall also apply to the Contractor. The Contractor is not required to provide public data to the public if that same data is available from the City, unless stated otherwise in this Agreement. XX. EARLY TERMINATION This Agreement may be terminated by the City at any time, with or without cause, upon fourteen (14) written days notice delivered by mail or in person. Notice to Contractor shall be delivered to Contractor at the address first written above. If notices are delivered by mail, they shall be effective two days after mailing. Contractor may terminate this Agreement at any time for lack of sufficient transaction volume (as solely determined by Contractor), upon fourteen (14) days written notice to City. In the event of cancellation by Contractor, the parties agree that the A TM shall be removed by Contractor within thirty (30) days of cancellation. City shall have no claim for transaction revenue or surcharge fees beyond the cancellation effective date. XXI. DEFAULT AND REMEDY Failure of the Contractor (including the failure of any employee or agent of the Contractor) to abide by any of the terms, conditions, or requirements expressed in this Agreement shall constitute a default if not properly corrected by the Contractor upon receipt of a notice of deficiency and a request for compliance from the City. In the event of a default by the Contractor, the City may cancel this Agreement by sending a written notice of cancellation to the Contractor at the address stated above, and may recover from the Contractor any damages sustained by the City which may directly or consequently arise out of the breach of this Agreement by the Contractor. -5- XXII. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire agreements of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the City and Contractor relating to the subject matter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this Agreement is the only and complete agreement regarding the subject hereof. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands. CITY By: Mike Gamache Mayor, Andover, MN (:) Daniel B. W olson Owner, Vikin A TM Services Dated: Dated: f)J,61~Got , ATTEST By: Andover City Clerk Dated: - 6- ANDOVER COMMUNITY CENTER 15200 Hanson Blvd. NW Andover, MN 55304 EXHIBIT A @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council '" ~ Jim Dickinson, City Administrato~ "- -.J CC: FROM: Vicki V olk, City Clerk SUBJECT: Approve Tobacco Li cense/Andover Quick Stop115825-7th Avenue DATE: April 4, 2006 INTRODUCTION The Andover Quick Stop is being sold and the new owner must apply for a tobacco license. City Code does not allow the transfer of a tobacco license. DISCUSSION Walid A. Almutahid has applied for a tobacco license to sell tobacco products at the Andover Quick Stop, 15825 _7th Avenue NW. ACTION REOUlRED The City Council is requested to approve a tobacco license for Walid A. AJmutahid to sell tobacco products at the Andover Quick Stop, 15825 _7th Avenue NW from April 5, 2006 through December 31, 2006. Respectfully submitted, fL.L: rilL- Vicki Volk City Clerk @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Call for the Sale of Bonds - Ehlers and Associates DATE: April 4, 2006 INTRODUCTION As part of the 2006-2010 Capital Improvement Plan (CIP) the City contemplated the issuance of bonds for various public improvements and equipment purchases. This agenda item initiates that process. DISCUSSION Ehlers and Associates, the City's fiscal advisor, will be present at the meeting to discuss the attached pre-sale reports for the sale of $2,450,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A and $460,000 General Obligation Equipment Certificates Series 2006B. The presale reports outline the basic structure of the proposed bonds and the timing to complete the financing proposal. BUDGET IMPACT The bonds are contemplated as part of the 2006-2010 CIP, and the 2006 budget provides for the expenses associated with the projects and equipment purchases. ACTION REQUESTED Approve the two attached resolutions: 1. Resolution Providing for the Sale of $2,450,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A 2. Resolution Providing for the Sale of $460,000 General Obligation Equipment Certificates Series 2006B '\ Resolution No. Council Member introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $2,450,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $2,450,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A (the "Bonds"), to finance the construction of various improvements in the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in RoseviIIe, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota, as follows: I. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on April 18,2006, for the purpose of considering proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this 4th day of April, 2006. City Clerk N:lMinnsotalAndoverl06 PIR.Equip\2006 PIRIPre-Sale ReportPIR.wpd Resolution No. Council Member introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $460,000 General Obligation Equipment Certificates, Series 2006B A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $460,000 General Obligation Equipment Certificates, Series 2006B (the "Certificates"), to finance the acquisition of various capital equipment for the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Certificates and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota, as follows: I. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Certificates. 2. Meeting: Proposal Opening. The City Council shall meet at 7 :00 p.m. on April 18, 2006, for the purpose of considering proposals for and awarding the sale of the Certificates. 3. Official Statement. In connection with said sale, the officers or employees ofthe City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Certificates and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this 4th day of April, 2006. City Clerk N:IMinnsotalAndoverl06 PIR.Equip\2006 EquipIPre-Sale ReportEquip.wpd Proposed Issue: Purpose: Description: Term/Call Feature: Rating: Funding Sources: . ~NDbvER~ CITY OF ANDOVER, MINNESOTA PRE-SALE REPORT: G.O. (PIR) FUND BONDS APRIL 4, 2006 General Obligation Permanent Improvement Revolving Fund Bonds, Series 200M To finance the construction of various improvements in the City (the "Improvements"), particularly sanitary sewer, water main, streets, storm sewer improvements for Cardinal Ridge, Shaw's Glen, and Woodland Crossings and Phase I ball field improvements at Andover Station North. The Bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475, for the purpose of financing the construction of the Improvements in the amount of$2,400,000. Financing the Improvements requires a bond issue in the amount of $2,450,000. The proposed finance plan consists of the sources and uses of funds attached to this Report. Principal on the Bonds will be due on February I in the years 2008 through 2014. Bonds maturing February 1,2011, and thereafter will be subject to prepayment at the discretion of the City on February 1,2010. The Bonds are expected to be rated by Standard & Poor's at an "A+" level. The Bonds are general obligations of the City and as such are secured by a pledge ofthe City's full faith, credit, and taxing powers. It is the intent of the City to levy special assessments for Cardinal Ridge, Shaw's Glen, and Woodland Crossings against benefitting property owners in the years 2006 through 2012, for collection in the years 2007 through 2013, at a rate to be determined at the time of assessment. The remaining balance for Andover Station North will be paid from a tax levy. The City may use other available funds such as park dedication fees and City water revenues to pay debt service and reduce the levy. Prepared by Ehlers & Associates, Inc. Discussion Issues: The first interest payment on the Bonds will be February 1, 2007, and semiannually thereafter on February 1 and August 1. The projected debt service and flow of funds are attached to this Report. We have reviewed all outstanding indebtedness for the City and find that there are no immediate refunding opportunities for the City at this time. We will continue to monitor the market and the call dates for the City and alert you to any future opportunities. Bank Qualified: The City will designate the Bonds as "bank qualified". Bank qualified status broadens the market and achieves lower interest rates. Schedule: Pre-Sale Review: Estimated Closing Date: April 4, 2006 Week of April 3 Week of April 10 April 18,2006 May Distribute Official Statement: Conference with Rating Agency: Bond Sale: Attachments: Sources and Uses of Funds Proposed Debt Service Schedule Bond Buyer Index Resolution authorizing Ehlers to proceed with Bond sale Ehlers Contacts: Financial Advisors: Bond Sale Coordinator: Todd Hagen (651) 697-8508 Mark Ruff(651) 697-8505 Diana Lockard (651) 697-8534 Debbie Holmes (651) 697-8536 Connie Kuck (651) 697-8527 Bond Analysts: The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date. . 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Description: The Certificates are being issued pursuant to Minnesota Statutes, Chapter 475 and Section 412.301, to finance the Equipment in the amount of $440,000. Financing the Equipment requires a certificate issue in the amount of $460,000. The proposed finance plan consists of the sources and uses of funds attached to this Report. Rating: The Certificates are expected to be rated by Standard & Poor's at an "A+" level. Term/Call Feature: Principal on the Certificates wiII be due on February 1 in the years 2008 through 2010. The Certificates wiII not be subject to prepayment prior to their maturity. Funding Sources: The Certificates are general obligations of the City and as such are secured by a pledge of the City's full faith, credit, and taxing powers. Under Minnesota Statutes, Section 412.301, the City wiIIlevy a tax for the payment of the Certificates. The City may use other available funds to pay debt service and reduce the levy. Discussion Issues: The first interest payment on the Certificates wiII be February 1,2007, and semiannually thereafter on February 1 and August 1. The projected debt service and flow of funds are attached to this Report. . Prepared by Ehlers & Associates, Inc. The Certificates do not exceed the statutory threshold for publication of notice and potential reverse referendum. Bank Qualified: The Certificates will be "qualified tax-exempt obligations". Bank qualified status broadens the market and achieves lower interest rates. Schedule: Pre-Sale Review: Distribute Official Statement: April 4, 2006 Week of April 3 Week of April 10 April 18, 2006 May Conference with Rating Agency: Bond Sale: Estimated Closing Date: Attachments: Sources and Uses of Funds Proposed Debt Service Schedule Bond Buyer Index Resolution authorizing Ehlers to proceed with Certificate Sale Ehlers Contacts: Financial Advisors: Certificate Analysts: Todd Hagen (651) 697-8508 Mark Ruff (651) 697-8505 Diana Lockard (651) 697-8534 Debbie Holmes (651) 697-8536 Certificate Sale Coordinator: Connie Kuck (651) 697-8527 The Official Statement for this financing will be mailed to the Council Members at their home address for review prior to the sale date. . Prepared by Ehlers & Associates, Inc. City of Andover, Minnesota Cash Flow Analysis/Debt Service Schedule (2006 Public Safety/Public Works Equipment Purchases) Sale Details Sale Closing Dated 1 st Interest Interest Option Registrar Authority Type Completion Full 18-Apr 1-May 1-May 1-Feb-07 Feb/Aug None Bond Trust 475/412.301 Competitive TBD (~) I ~,~o~I~,~ Todd Hagen/Mark Ruff Financial Advisors 651-697-8508/8505 1-800-552-1171 General Obligation Equipment Certificates, Series 2006B Par Amount of Bonds Total Sources Total Underwriter's Discount (1.000%) Costs of Issuance Deposit to Project Construction Fund Rounding Amount Total Uses 460,000 460,000 4,600 13,000 440,000 1 2,400 460,000 Tax Tax Bond Levy Collect Payment Bond Bond Bond Issuer Total Total Tax Year Year Date Principal Rate Interest Cash P&I +5.00% Levy 2 5/1/2006 2005 2006 8/1/2006 2005 2006 2/1/2007 13,472 (13,472) 2006 2007 8/1/2007 8,981 8,981 9,430 2006 2007 2/112008 145.000 3.75% 8,981 153,981 161,680 171,111 2007 2008 8/1/2008 6,263 6,263 6,576 2007 2008 2/1/2009 155,000 3.90% 6,263 161,263 169,326 175,901 2008 2009 8/1/2009 3,240 3,240 3,402 2008 2009 2/1/2010 160,000 4.05% 3,240 163,240 171,402 174,804 460,000 50,439 (13,472) 496,968 521,816 521,816 1 Includes engineering, administration, and contingency. 2 The final tax levy must be made by September 15, 2006 for taxes payable 2007. Prepared by Ehlers & Associates, Inc. Preliminary: For Discussion Purposes ONLY 3/21/2006 C)CO '" 0 C)~ U'L ~;: c::: - 0 UJ ~ 8...J ~ - ~ -I. <0 I1l o Q) :I: >- C)~ UJ: ~J, ~<') ~ C)'l- @ ..,. C)" >< ?ft. w C)C) 0 C -.::t Z Q)Q) -.::t - a:: Q)ro x Q) W ~ "0 > <0 C -00 lIle> ~ lIl~ .... OJ Q) Q) Q)CO CO Q) .r;: 0 - <: 0 >- C .~ '00 :J ~Q) Q)~ 0 CO Z o '" N OOI1l 0 e>~ 0}' "0 .Q) '" > C OJ <( N 0 a:: Q)~ 00 CO <( Q)'l- en <.0 W ~ 0 > Q)" 0 W N ~ > N Q)C) 0 - .... u.. 00 CO -.r;: ~ ~.2J roQ) ~ ;::I o Q) 0 E roro Z ~~ W ..,.2- ":<( cb' ~ <') ~ roCO ro~ ~ ro~ ro'l- -.::t C") N ..... 0 0> CO ,..... <.0 1.0 -.::t ..... ..... ..... ..... ..... % Jua:>Jad @ TO: CC: 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Mayor and Council Members ~ Jim Dickinson, City Administra~ David D. Berkowitz, City Engineer FROM: SUBJECT: Hold Public Hearing/Order Plans & SpecificationslWoodland Crossings (05- 32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Andover Station North Ball Field Improvements (05-15) - Engineering DATE: April 4, 2006 INTRODUCTION The City Council is requested to hold a public hearing for Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Andover Station North Ball Field Improvements (05- 15). When the public hearing is complete, the City Council is requested to order the plans and specifications for the proposed improvements. DISCUSSION A feasibility report was previously submitted and approved by the City Council at the March 8, 2006 City Council meeting. The proposed project consists of street, utility and ball field improvements as identified in the feasibility report. The total estimated amount of the assessment for the developments and adjacent parcels are as follows: Cardinal Ridge (05-20) = $1,013,334.14 ($29,803.95/unit) Shaw's Glen (05-24) = $291,541.90 ($29, I 54.19/unit) Woodland Crossings (05-32) = $1,425,774.66 ($39,604.85/unit) The amount estimated to be funded by the City of Andover for park and trail improvements is $11,177.97. Park dedication and the City trail funds will fund these improvements. The assessment for the following properties/parcels are recommended by staff to be deferred until future platting or subdivision of the parcels: Proposed Deferred Assessments Lot 1, Block 1, Shaw's Glen = $144,890.88 (Approximately $28,978.18/unit) Scott Allen property = $165,134.59 (Approximately $33,026.92/unit) Jerry Putnam property = $357,268.39 (Approximately $29,772.37/unit) Note: These deferred assessments will increase by the ENR Construction Index and current fees at the time of development or subdivision. Mayor and Council Members April 4, 2006 Page 2 of2 The City's cost for Andover Station North Ball Field Improvements (05-15) is estimated at $809,646.42, which would be funded by General Obligation Bonds and paid back through park dedication and the City's water trunk fund ($22,651.75). Attached for your information is the public hearing notice that was sent out and the list of parties that it was sent to. Note: The feasibility report was in the March 8, 2006 packet. Please bring this to the meeting. BUDGET IMPACT The development improvements will be funded through General Obligation Bonds, which will be paid back through assessments. A portion of the park and trail improvements relative to the developments will be funded by park dedication and the City's trail fund. The ball field improvements will be funded from General Obligation Bonds, which will be paid back through park dedication generated from the development of Andover Station North. The water main loop to serve the Parkside at Andover Station development and the ball fields will be funded by the City's water trunk fund. ACTION REOUIRED The City Council is requested to hold the public hearing and approve the resolution ordering the improvement of Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20), adjacent parcels & Andover Station North Ball Field Improvements (05-15). Respectfully submitted, Q~O. u_ fl....?I- David D. Berko~~ Attachments: Resolution Ordering ImProvement{ Publi~ Hearing Notice'" cc: Byron Westlund, Woodland Development Corp., 13632 VanBuren Street NE, Ham Lake, MN 55304 Maynard Apel, 1781-157th Ave. NW, Andover Megan Wald, Shade Tree Communities, 18530 Ulysses St., East Bethel, MN 55011 Lawrence & Janet Cardinal, 15785 Nightingale St. NW, Andover Sharon Frederickson, 15875 Nightingale St. NW, Andover Ben Minks, Minks Custom Homes, 17024 Barium St. NW, Andover Scott Allen, 15873 Linnet St. NW, Andover Jerry Putnam, 1869 -15ih Lane NW, Andover Shelly J. Bloomstrom, 15711 Nightingale Street NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SANITARY SEWER. WATER MAIN. STREET. STORM SEWER & BALL FIELD IMPROVEMENTS AT ANDOVER STATION NORTH, PROJECT NOS. 05-32 (WOODLAND CROSSINGS). 05-24 (SHAW'S GLEN). 05-20 (CARDINAL RIDGE) & 05-15 (ANDOVER STATION NORTH BALL FIELD IMPROVEMENTS) AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 034-06 of the City Council adopted on the 8th day of March , 2006, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 4th day of April , 2006; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project Nos. 05-32. 05-24. 05-20 & 05-15 . MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 4th day of April , 2006, with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENTS PROJECT NOS. WOODLAND CROSSINGS (05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20), ADJACENT PROPERTIES & ANDOVER STATION NORTH BALL FIELD IMPROVEMENTS (05-15) NOTICE IS HEREBY GIVEN that the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, at the regularly scheduled City Council meeting on Tuesdav, April 4. 2006 at 7:00 PM to consider construction of the following improvements: Sanitary Sewer, Water Main, Streets, Storm Sewer and Ball Field Improvements at Andover Station North The properties to be assessed, pursuant to Minnesota Statutes Section 429, for the improvements are within the following described developments: Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20), Lot 1, Block 1, Shaw's Glen, Scott Allen Property (PIN 15-32-24-43-0018), Jerry Putnam Property (PIN 15-32-24-43-0019) & Andover Station North Ball Field . Improvements (05-15), The estimated assessment rates are as follows: · Cardinal Ridge (05-20) = $1,013,334.14 ($29,803.95/unit) · Shaw's Glen (05-24) = $291,541.90 ($29,154. 19/unit) · Woodland Crossings (05-32) = $1,425,774.66 ($39,604.85/unit) . Proposed Deferred Assessments · Lot 1, Block 1, Shaw's Glen = $144,890.88 (Approximately $28,978.18/unit) · Scott Allen Property (PIN 15-32-24-43-0018)= $165,134.59 (Approximately $33,026.921unit) · Jerry Putnam Property (PIN 15-32-24-43-0019) = $357,268.39 (Approximately $29,772.37/unit) Such persons desiring to be heard with reference to the proposed improvements will be heard at this meeting. CITY .OF ANDOVER tL~ IJ,/b Victoria Volk - City Clerk Publication Dates: March 24 & 31, 2006 (Anoka Union) H:IEngineeringlCity ProjectslOpen City Projecls105-32 Woodland CrossingslWord DocumenlslCorrespondancelDeveloperslPublic Hearing 05-32 05-24 05-20 05-15.DOC Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Andover Station North Ball Field Improvements (05-15) Byron Westlund, Woodland Development Corp., 13632 VanBuren Street NE, Ham Lake, MN 55304 Maynard Apel, 1781 -157th Ave. NW, Andover Megan Wald, Shade Tree Communities, 18530 Ulysses St., East Bethel, MN 55011 Lawrence & Janet Cardinal, 15785 Nightingale St. NW, Andover Sharon Frederickson, 15875 Nightingale St. NW, Andover Ben Minks, Minks Custom Homes, 17024 Barium St. NW, Andover Scott Allen, 15873 Linnet St. NW, Andover Jerry Putnam, 1869 -157th Lane NW, Andover Shelly J. Bloomstrom, 15711 Nightingale Street NW, Andover H:\Engineering\City Projects\Open City Projects\05-32 Woodland Crossings\Word Documents\Correspondance\Developers\labels phearing .doc @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Hold Public Hearing/Order Plans & Specs/OS-lllTulip Street NW- Engineering DATE: April 4, 2006 INTRODUCTION The City Council is requested to hold a public hearing for street improvements for Project 05-11, Tulip Street NW between l6ls1 Avenue NW and Valley Drive NW. When the public hearing is complete, the City Council is requested to order the preparation of plans and specifications for the proposed improvements. DISCUSSION A feasibility report for the proposed Tulip Street NW improvements was submitted and approved by the City Council at the March 8, 2006 City Council meeting. Proposed improvement project limits are from 500' south of 161s1 Avenue NW to Valley Drive NW. The detailed proposed improvements were identified in the feasibility report. The total estimated construction cost is $1,245,358 and the total estimated project cost (including a 5% contingency and indirect cost) is $1,618,965. Proposed assessments are identified in the feasibility report and the preliminary assessment roll from the report is attached. Parcels that are substandard to the R-l zoning district are proposed to be assessed $3,000 per parcel for the street improvements and lots that meet the 2.5 acre minimum required lot size for the R-l zoning district would be assessed $4,800 per parcel or $4,800 per potential buildable parcel if subdivided. Also, the original feasibility report identified that Meadow Creek Christian School would be assessed 40% of the intersection upgrade to 161 sl Avenue NW and Tulip Street NW due to the increased traffic the school will generate. After review of the traffic analysis for the school the percentage was modified to 33.5%, which equates to $107,970 assessed to the school for the intersection improvements. The total assessment to the school is estimated at $117,570. This includes the proportionate share for the intersection improvements and two potential subdivided lots along Tulip Street NW. Mayor and Council Members April 4. 2006 Page 2 of2 Additional right-of-way and drainage and utility easements will be required along the Dehn property and a drainage and utility easement will be required on the Meadow Creek Christian School property to handle storm water. Staff is requesting authorization from the City Council to negotiate with the Dehns and Meadow Creek Christian School to acquire the needed right-of - way and easements to complete the project. Two neighborhood meetings have been held and a neighbor representation group has been created to inform the neighborhood throughout the feasibility, design and construction process. For your information the following are attached to this item: . Public Hearing Notice . Example letter to property owners . Preliminary Assessment Roll Note: The feasibility report was in the March 8, 2006 packet. Please bring this to the meeting. BUDGET IMP ACT Project funding would be from Municipal State Aid funds and property assessments. ACTION REOUlRED The City Council is requested to hold the public hearing, approve the resolution ordering the improvement of Project 05-11, Tulip Street NW between 161 ,t Avenue NW and Valley Drive NW and authorize staff to negotiate easements and right-of-way needs with adjacent property owners. Respectfully submitted, G..:e0. ~ David D. Berkowitz Attachments: Resolution Ordering ImProvemen;iublic Hearing ~tiC( Example Letter to Property Owners Regarding Estimated Assessments & Preliminary Assessment Roll ./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF TULIP STREET NW BETWEEN 161sT AVENUE NW AND VALLEY DRIVE NW ,PROJECT NO. 05-11 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 033-06 of the City Council adopted on the 8th day of March ,2006, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 4th day of April , 2006; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 05-11. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 4th day of April , 2006, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENTS PROJECT NO. 05-11 TULIP STREET NW NOTICE IS HEREBY GIVEN that the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, at the regularly scheduled City Council meeting on Tuesday, April 4, 2006 at 7:00 PM to consider construction of the following improvements: Tulip Street NW The properties to be assessed, pursuant to Minnesota Statutes Section 429, for the improvements are along Tulip Street NW from 161st Avenue NW to Valley Drive NW. The estimated assessment rates are as follows: $3,000 per parcel that are substandard to the R-1 zoning district (smaller than the 2.5 acre minimum) and $4,800 per parcel that meet the 2.5 acre minimum required lot size for the R-1 zoning district or $4,800 per potential buildable parcel if subdivided. Meadow Creek Christian School is proposed to be assessed $9,600 for two potential rural lots along Tulip Street NW and $107,970 for intersection improvements at Tulip Street NW and 16151 Avenue NW. The parcels that are proposed to be assessed are identified on Exhibit A. Such persons desiring to be heard with reference to the proposed improvements will be heard at this meeting. CITY OF ANDOVER Lf1l1l&;lf1l~'fr21A.J Midhelle Hartner - Deputy City Clerk Publication Dates: March 24 & 31, 2006 (Anoka Union) H:\Engineering\City Projects\Open City Projects\05-11 Tulip Street NWlWord Documents\Correspondance\Residents\Public Hearing 05-11.DOC ~~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US March 13. 2006 Roger & Terry Renner 16950 Tulip St. NW Andover, MN 55304 Re: Tulip Street NW between 16151 Avenue NW & Valley Drive NW/City Project 05-11 Dear Mr. & Mrs. Renner: A feasibility report has been prepared to determine the estimated costs associated with proposed improvements for Tulip Street NW from 500 feet south of 161st Avenue NW to Valley Drive NW. Intersection improvements at Tulip Street NW and 161st Avenue NW are also included in the feasibility report. Discussion: The proposed project would consist of improving Tulip Street NW from 500 feet south of 161st Avenue NW to Valley Drive NW. Improvements would consist of concrete curb and gutter, bituminous paved surface, storm sewer and safety improvements to improve the flow of traffic. The intersection at Tulip Street NW and 16151 Avenue NW is proposed to have a designated left turn lane on all legs of the intersection which shall improve traffic flow once the Meadow Creek School is built and for future traffic volumes. The majority of the project would be funded by Municipal State Aid funds with a portion of the improvement being assessed to the benefiting properties. The properties that will be assessed for the improvements are depicted on Exhibit A. Properties affected by the proposed improvements were notified in early February and an informational meeting was held on February 21, 2006 to discuss the project and receive feedback and comments. Properties that are not identified on Exhibit A are not proposed to be assessed under this project. Estimated Cost: The estimated assessment to each property are proposed to be $3,000 per parcel for properties that are substandard to the R-1 zoning district (smaller than the 2.5 acre minimum) and $4,800 per parcel for properties that meet the 2.5 acre minimum required lot size for the R-1 zoning district or $4,800 per potential buildable parcel if subdivided. This cost would be assessed over a 5 year period at 6% interest, or the assessment may be paid in full with no interest within 30 days of the assessment hearing. Meadow Creek Christian School is proposed to be assessed $9,600 for two potential rural lots alonjl Tulip Street NW and $107.970 for intersection improvements at Tulip Street NW and 161 Avenue NW. H:\EngineeringlCity ProjectslOpen City Projectsl05-11 Tulip Street NWlWord DocumentslCorrespondancelResidentslPublic Hearing 05-11.DOC Assessment Period/Cost: The annual assessment payment over 5 years at 6% for $3,000 is approximately $712.19 per year. The annual assessment payment over 5 years at 6% for $4,800 is approximately $1,139.50 per year. If you have any questions, feel free to contact me at (763) 767-5133 or Jason Law at (763) 767-5130. Sincerely, CJ~().~.~_.,~ David D. Berkowi~ City Engineer Encl. cc: Mayor & City Council Jason Law, Civil Engineer III H:\Engineering\Clty Projects\Open City Projects\05-11 Tulip Street NWlWord Documents\CorrespondancelResidentslPublic Hearing 05-11.DOC PRELIMINARY ASSESSMENT ROLL Tulip Street NW Street Improvements City Project 05-11 Andover, Minnesota Estimated Assessments: $189,570 Name Charles W. & Alice M. Simi James H. Jones Meadow Creek Christian School (4) Meadow Creek Christian School John H. & C.D. Davidson Richard & Sally Smebak Robert & Mariys Oie Jeffrey L. Hanson (3) City of Andover Larry W. & Susan M. Small Patrick G. & Barbara A. Hanle Robt J. Jr. & Bonnie Lee Dehn (1) Meadow Creek Christian School (1) Robt J. Jr. & Bonnie Lee Dehn (1) Robt J. Jr. & Bonnie Lee Dehn Robt J. Jr. & Bonnie Lee Dehn Rob! J. Jr. & Bonnie Lee Dehn Robt J. Jr. & Bonnie Lee Dehn Guy R. & Eta! Winters Steven D. & Sharon Mueller Mark & Marilyn G. Foresth Richard P. & Susan A. Guzik TOTAL ADDRESS Parcel No. Unit Unit Assessment @ $3000.00 (2) $3,000.00 $3,000.00 $9,600.00 $107,970.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 . 16120 Tulip ST NW ,Andover, MN 55304 16134 Tulip ST NW, Andover, MN 55304 16127 Tulip ST NW ,Andover, MN 55304 16127 Tulip ST NW ,Andover, MN 55304 16144 Tulip ST NW . Andover, MN 55304 16152 Tulip ST NW, Andover, MN 55304 16212 Tulip ST NW ,Andover, MN 55304 16220 Tulip ST NW ,Andover. MN 55304 Unassigned Address, Andover, MN 16228 Tulip ST NW , Andover, MN 55304 16236 Tulip ST NW ,Andover, MN 55304 Unassigned Address, Andover, MN Unassigned Address, Andover, MN Unassigned Address, Andover, MN Unassigned Address, Andover, MN Unassigned Address, Andover, MN 16485 Tulip ST NW ,Andover, MN 55304 Unassigned Address, Andover, MN 16735 Tulip ST NW ,Andover, MN 55304 16738 Tulip ST NW , Andover, MN 55304 16772 Tulip ST NW ,Andover, MN 55304 16781 Tulip ST NW , Andover, MN 55304 173224240007 173224240008 173224130003 173224130003 173224240009 173224240010 173224240025 173224240002 173224240001 173224240023 173224240024 173224210001 173224120007 173224120006 173224120004 173224120003 173224120002 083224340001 083224420002 083224310004 083224310005 083224420016 1 1 2 $3.000.00 $3,000.00 1 1 4 1 1 1 1 $4,800.00 $4,800.00 $19,200.00 $4,800.00 $4,800.00 $4,800.00 $4,800.00 $189,570.00 (1) Not assessed due to Aood Plain. (2) $4800lBuildable Rural Lot (300' frontage & 2.5 acre minimum) (3) Not assessed - City Park Property (4) Intersection Costs for Tulip Street NW & 161 st Avenue NW Improvements (33.5% of total intersection improvement cost) EXHIBIT A @ CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers ~ Jim Dickinson, City Administrator ~ Will Neumeister, Community Development Director CC: FROM: Courtney Bednarz, City Planne~ SUBJECT: Consider Variance/Parking Setback/3480 Bunker Lake Boulevard NW - Planning DATE: April 4, 2006 INTRODUCTION Mr. Gerald Mazzara has applied on behalf of Joy BoeWand to vary from parking lot setback requirements on a vacant property near the intersection of Bunker Lake Boulevard and Rose Street NW. The vacant lot was recently split from the larger lot across Rose Street to the west, which contains an office building. DISCUSSION Chapter 12-13-9-E of the City Code requires a minimum parking setback of twenty feet adjacent to public-right-of-way. As shown on the attached site plan, variances are requested to reduce this setback to 10 feet along the west property line and 18 feet along the south property line. There would also be a slight encroachment for the bumpout shown at the north end of the parking area. As with all variances, hardship must be demonstrated to vary from the City Code. The standards used to evaluate hardship are as follows: I. There are circumstances unique to the property that were not created by the landowner. Unique conditions may include the physical characteristics, including topography or water conditions that may exist on the property. 2. The property, if the variance is granted, will not be out of character with other properties in the same neighborhood. 3. The applicant has exhausted all reasonable possibilities for using his/her property 4. Economic considerations may not constitute an undue hardship if reasonable use of the property exists with application of the minimum standards of Chapter 12-3-4. The applicant has provided the attached letter to address the required findings. STAFF RECOMMENDATION Staff recommends approval of the proposed variance based on the fact that Anoka County bisected the property when the Bunker Lake Boulevard frontage road and Rose Street NW were constructed. As a result, the development potential of the property was reduced and the site now borders a public street on three sides of the property. The variances will allow reasonable use of this commercial property and allow the site to provide adequate parking for the proposed building. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed variance. ACTION REOUESTED The Council is asked to review the findings and approve or deny the variance request. Attachments Resolution Location Map Letter from Applicant Site Plan Planning Commission Minutes Cc: Gerald Mazzara, Design Forum, Inc. 4801 West 81st Street, Suite 101 Mpls, MN 55437 Joy Boehland 7217 Germanium St NW Ramsey, MN 55303 -2- CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A VARIANCE TO REDUCE THE TWENTY FOOT PARKING SETBACK REQUIRED BY CITY CODE 12-13-9-E FOR PROPERTY LOCATED AT 3450 BUNKER LAKE BOULEVARD LEGALLY DESCRIBED AS: The West 300 feet of that part ofthe Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, lying East of the West 733.02 feet thereof and lying North of the North line of 136th Lane NW and its Easterly extension as now laid out and platted in the plats of Chapman's Second and Third Additions, Anoka County, Minnesota and lying southerly southeasterly and easterly of Parcels 24, 24A and 24B, Anoka County Right-Of-Way Plat NO. 47. WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-4 to reduce the parking setbacks required by City Code l2-13-9-E, and; WHEREAS, the City Council finds the following conditions constitute an undue hardship for the subject property: 1. The parcel was bisected by Anoka County when the Bunker Lake Boulevard frontage road and Rose Street NW were constructed. 2. As a result, the parcel is bordered by public streets on three sides. 3. The variances will allow reasonable use of the commercial property by allowing a commercial building and associated parking to be constructed. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to reduce the required parking setback to 10 feet along the west property line, 18 feet along the south property line and as shown on the site plan revised February 14,2006 for the northerly extension of the proposed parking area. Adopted by the City Council of the City of Andover on this _th day of CITY OF ANDOVER ,2006. ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk (ER LAKE BLVD ~~ //\/ J o ~ g.I-- ~ m- CD I I I I.... W f38TH CT ~ :5 0- Z :l o 0:: l,jHI - =~ ~\ ~ 4L?~ ~... ~Uj=-l = j'" ~\... '- \,j~' I t L I\f r Location Map I M I::!:z> I~ "',''" , "II \f< ~ r T H A\'I= I- ~ ~ 1\ 6 11:J.IT.l rn C>A' ~~~gsEB ~137THAVENW BUN I\t:KD \KE""61 ~ KU ~^,-_BJnE -~ - 1: Rl"H ~ I... l' ') ~ - l' o B ~ "H ~ ~Q ~ ~ -r "-~e- ---------J, Ill. U / r" ~ - CIle- - ~ I~ ~ - - ~ H NO _ - l, mm~ ~~ ~ = a ~ '~',"' l,j,1 ,,\11= ~_I ~0 - ~~- \ ---- - I ~ ':~H n7' '- 1..0V" .~~ j illTi '-\ e- 7 \ -/1\ iQD ~ f ~ - '-1-- " , . DESIGN ,FORUM ,~ . .February 29, 2006 City of Andover Mr. Courtney Bednarz . ' City Planner . , 1685 Crosstown Blvd., N.W., Andover, Mmriesota 55-304 .'.... , . " , Dear.COurtlley, , , ' " , I,.. Enclosed is our,variance request fonn for the Joy Boeh!andsite located'at Bunker Lake Blvd., and Rose Street Ms. Joy Boehland wishes to construct a corru:nerciavretail . . building on the' remaicing'parcel of land identified as Lot 24B. This: lotis the remaillder " , of a larger parcel which waS split in two byth(:City toaccon1mQdilte a puhlic rOlld (Rose Street) to provide ~afficaccess/egressfroIP the existing church property two parcels to ' the west of Lot 24B. '., . " . '. '. ' , , '. This division ~ caused .site 248 to be, di.fficu1t to develop to its full-potential due to the' , considefable amoUnt of land taken, . " . For this reason we are asking the City to consider a variance to the parking setbacks' ~b allow for a functional, site plan with adequate parking. ,The site will be very well '.' landscap~d luong the'setback areas as artfullandsciiping is an inherent part of the ovt<rall concept for the new b~lding and site. " . -..- ". The ne~ building ~ll 'be, ~ two ~torey structure coinp~~ed of'metal roofing, stone and .: , horizontal sidipg ahd will be considerably more attractive than the existing surrounding buildings. Our intentions are to enhance this neighborhood with a design that will ' enc~urage the surro~ding o,uilding owners to upgrade their buildings. " ' . M~. :Joy Boehland hopes the Gity will support our efforts., ... Respectfully submttted pesign 'Forum, Inc. ~~ Gerald] .'Mazzara - '''- . " . 4801 WEST 81sT STREET. SUITE 101 . II(1INNEAPOLIS. MINNESOTA 55437 612.B31.?926 FAX 612.8312904 .- S .:.- '. .::... ~" ~:':.>.. ' I .';;>J:~~ "".,.'S ::~ .,' , ';' '" ,'J'\ ~ '" '" b' c'" <: .' , .:1' .... / ....."....~ ,:_....~ ../ . ..' (,~';;~t'~~::~i;;~:.~'D I ".W ..,' . / F~' L~. ~~..~ ~B9''f7 0 1 ~y '}''/' .,.':. ; .:' ..>>:... "-'"-:'"_:"':' :, "'.' . ':~~".:: ....::-:, , ' . . I' . :;~Jf::~(':~~~':;-~ ;..<:: "~~f..<~ ., " ;'. .;~. '. :', i: .~ . :..-. .,"'. ,. '.:: f,;;;'e,; c~~~"..' . -,....;./.. .,... ,::.:', ~ ~.-(~ '.;:..' ,.,;t.; ';.1': >,- ;.':". p ... . ..'. - ". ~ ,;:..,:..):>.:ff.:; "\. ......... .' ";'?~:.':';~~ .:.~ ..: ',' C',' .. . ..... ,;.:~ ':- ,.... ";,1 .:.~.,. , " .,,::~l " ~-:-elli~WU.!J!; . lt~l...r"."""'N . (,.....~7iY2 f,., , .~ :;~, '". . , , I I I i . 3.. ...... .,;,.... ~ ....'.... ,'...."" BUNKER (c 0 U NT)' S T A T..E .'; ,. . . A' ---- - -----;~ - ,<. ->,\, ~~y- . \ ~I ~I ill Ii , , " .. -=:~,,~- -_--:......--=<-- --- - - .,.,"-. ......,.., ~.'._o__. ....:. :J 6 T H ;:;:-'.'~ , '/U: ':,.;.', d". .,;.::.;)}::." ::e).~:;;!', ',', .., " .:~' t~. '.~ o' .., ": '. .... .'j.. .~.: .' L,A K E AID . BO UL EI' A RD; H 1 G H 11' A r N 0, 8) , N w ~j~ ,.; o#;'.o~.'- i III II I ,,' II ,., u" i+' A';' Pi... p ',; --0_' "'- ". ':r.' . ~ . - ." l(;"f'iS5.Eel ~-e:- .... '" '" '" ....' ~.. .. ~, ,,,,, ..,~I<..... -..- .'. ," . ;~.~=,:i:'..,:. ~~.....- --,--:-.... .~~.;..-s->.-; "I .... I , L N E'" !'{, . f'W. A -1-. '.' ......:.. ~,..,t: " PLANNING AND ZONING COMMISSION MEETING - MARCH 28,2006 e Regular Bi-Monthly Meeting ofthe Andover Planning and Zoning Commission was cal to order by Chairperson Daninger on March 28,2006,7:00 p.m., at the Andover City Ha 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners absent: Chairperson Dean Daninger, Commissioners Tim Kirchoff, Rex Greenwald, Michael Casey, Valerie Holthus, and Michael King. Also present: Courtney Bednarz Associate PI r, Andy Cross Associate Planner, hris Vrchota Others APPROVAL OF MINUTES. March 14,2006 Motion by Kirchoff seconded by King to approve the minutes as presented. carried on a 6-ayes, O-nays, I-absent (Walton) vote. .. VARIANCE (06-02) TO CONSIDER VARIANCE TO PARKING SETBACK REQUIREMENTS FOR PROPERTY LOCATED AT 3480 BUNKER LAKE BOULEVARD NW. Mr. Bednarz summarized the staff report for the Planning Commission. Chairperson Daninger wanted clarification: this variance is just for the parking area setback and that access issues would be addressed through the commercial site plan process, correct? Mr. Bednarz stated that this was correct- the commercial site plan approval process will look at the finer detail issues like access, grading, and drainage, though if the Planning Commission had specific concerns or suggestions, they should offer them. Commissioner Greenwald asked when Rose Street was put in. Mr. Bednarz indicated that it was sometime in the late 1980s. Commissioner Greenwald wondered if the site could have met the standards in place at that time. Mr. Bednarz indicated that the parking lot setback requirement has not changed since Rose Street was constructed. Commissioner Casey was curious about item #1 under the discussion- the physical conditions, such as water conditions. Mr. Bednarz stated that items 1-4 were the -0-- Regular Andover Planning and Zoning Commission Meeting Minutes - March 28, 2006 Page 2 conditions that must be taken into consideration for all variances, and that not all of them pertained specifically to this lot. Chairperson Daninger stated that, even though they were not required to hold a public hearing, they would consider taking public comment. He asked the Planning Commission if they were agreeable to this- the other commissioners nodded assent. Motion by Casey seconded by Kirchoff to open the public hearing at 7:10 p.m. Motion carried on a 6 ayes, O-nays, I-absent (Walton) vote. Ms. Marnell Wilber 3510 136th Lane NW, stated that she's lived in the neighborhood since before Rose Street was put in. She said that the City was responsible for installing a berm with evergreen trees on it to screen the neighborhood to the south and wondered what screening would be put in on the subject property. She also wondered what will be done to prevent people from parking on 136th Lane to access the business. Mr. Bednarz stated Rose Street will not be connected to 136th Lane. He further explained that part of the reason for the variance was to ensure that adequate parking could be provided on the site so that there was no need for people to park on the adjacent street. Mr. Bednarz explained that the landscaping would be reviewed through the commercial site plan process, and that the applicant had indicated a willingness to install adequate screemng. Motion by Casey seconded by Holthus to close the public hearing at 7:15 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Walton) vote. Motion by Greenwald seconded by Casey to recommend to the City Council approval of the proposed variance because of circumstances unique to the property that were not created by the landowner. Motion carried on a 6-ayes, O-nays, I-absent (Walton) vote. Mr. Bednarz stated that this item would be before the Council at the April 4, 2006 City Council meeting. NCE (06-03) TO CONSIDER A VARIANCE TO SETBACK REQUI TS FOR PROPERTY LOCATEDAT 5159159TH AVENUE NW. report for the Planning Commission. Commissioner Holthus wondered what the nt condition of the house was. Mr. Cross indicated that the applicant would be better suited wer the question, but that renovation work had begun. Chairperson Daninger indicated that they would probably follow the same at as the last item- allowing public comment despite the fact that it was not a public hearing. --1- (!) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayor and Councilmembers ~ Jim Dickinson, City Administrato~ . Will Neumeister, Community Development Directort~ CC: FROM: Andy Cross, Associate Planner APe, SUBJECT: Consider Variance / Setback Requirements / 5159 159th Avenue NW - Planning DATE: April 4, 2006 INTRODUCTION This property was among those declared Hazardous Structures by the City Council. The applicant, Mr. Pete Crosby, has purchased the property and is rehabilitating the house. DISCUSSION There is currently no garage on the lot, so the applicant is proposing to build one. The property was platted in the 1960's and is far smaller than the 2.5-acre minimum that its zoning district requires. Meeting the front-yard setback will not be possible. A typicaI2.5-acre lot requires a 40-foot setback, but this lot is only about 135 feet deep. The applicant is proposing that the garage be placed 10 feet away from the front property line, requiring a 30-foot variance. Since the property is along the Rum River, it falls under the City Code's Scenic River District Regulations and Requirements (City Code 13-5). Among other things, these regulations require that buildings be at least 150 feet from the river's high water mark. The existing house does not meet this requirement - it is only 85 feet away from the high water mark. Since the house was constructed before the implementation of the Scenic River District Regulations, it is considered legal non-conforming. The proposed new garage cannot meet the 150 feet either, but can be located 113 feet from the high water mark, requiring a 37-foot variance. Here is a table detailing the variance requests: Garage Front Yard Setback Scenic River District Setback R-t Requirement 40 feet 150 feet Proposed 10 feet 113 feet Variance Request 30 feet 37 feet City Code 13-4-4 requires that the Minnesota Department of Natural Resources have an opportunity to review any variance requests along shoreland area. Mr. Tom Hovey at DNR- Waters in St. Paul has been sent a copy of this variance application and his comments are attached. If the City grants approval to the variance request, the information will be sent to the DNR for final approval. The septic system on the property was inspected in February, 2006. It passed all inspections and was given a Certificate of Compliance by a State-licensed inspector. As with all variances, hardship must be demonstrated to vary from the City Code. The standards used to evaluate hardship are as follows: I. There are circumstances unique to the property that were not created by the landowner. Unique conditions may include the physical characteristics, including topography or water conditions that may exist on the property. 2. The property, if the variance is granted, will not be out of character with other properties in the same neighborhood. 3. The applicant has exhausted all reasonable possibilities for using his/her property 4. Economic considerations may not constitute an undue hardship if reasonable use of the property exists with application of the minimum standards of Chapter 12-3-4. PLANNING COMMISSION RECOMMENDATION The Planning Commission unanimously voted to recommend approval of both variance requests. STAFF RECOMMENDATION Staff supports the granting of both the variance to front yard setback and the City Code's Scenic River District Regulation's I 50-foot high water mark setback. ACTION REOUESTED The City Council is asked to approve or deny the request for the variances. Respectfully submitted, Attachments Resolution Location Map Letter from Applicant Comments from Tom Hovey at Minnesota Department of Natural Resources Lot Survey with proposed garage location Rendering of House with Proposed Garage Planning Commission Minutes Cc: Peter & Amy Crosby, 5132 Oxbow Place, Champlin, MN 55316 -2-- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A VARIANCE TO REDUCE THE FRONT YARD SETBACK FROM 40 FEET TO 10 FEET AND THE SCENIC RIVER DISTRICT REGULATION'S HIGH WATER MARK SETBACK FROM 150 FEET TO 113 FEET FOR PROPERTY LOCATED AT 5159 l59th AVENUE NW LEGALLY DESCRIBED AS: Government Lot 6, Section 13, Township 32, Range 25, Anoka County, Minnesota WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-4 to reduce the front yard setback for the subject property from 40 feet to 10 feet, and; WHEREAS, the Planning Commission has reviewed the request to vary from City Code 13-5-5 to reduce the setback from the high water mark for the subject property from 150 feet to 113 feet, and; WHEREAS, the City Council finds the following conditions constitute an undue hardship for the subject property: 1. The applicant's property was platted before the City was incorporated and is substantially smaller than the 2.5-acre minimum required size in the R-I zoning district. 2. The 40-foot front yard setback is too restrictive given the lot's size and house location. 3. The City Code's Scenic River District Regulation's ISO-foot high water mark setback is too restrictive given the lot's size and house location. 4. The applicant has investigated other garage locations on the site, but the current location has the least impact and required the smallest variance from the Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to reduce the front yard setback for the subj ect property from 40 feet to 10 feet, and the Scenic River District Regulation's high water mark setback from 150 feet to 113 feet. Adopted by the City Council of the City of Andover on this 4th day of April, 2006. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk ~ <i ~ i:i .... 0 :J m ~io ~g &1 ~ $ El g~i~H~ oJ - ~ '" 0.. ~ 1i ~ LLlLD.J, ~'D , f 0..---.-------( ~~.- rJ-- ~ .m.~ ~ :, Ujl' i)j I.! ~ ! t: L.......L_.._..__._..,~._-_. 'i " " ) i.-.-__~______...~_~.. i ;;,!lI ~'a ~IT~~~~~~i 1"- ,,- :~. i l~-----" =-'~~~~r-; :_rj ~j CD ~ I ~~- '" o o N ;; " Cl " 0( ~ (/) g ~ ~ a ~ j ~ e ~~ CD ~ en .g.2:' LO (") ~ c c jYlY'?:5 II ro m In () '5 c c ~~ .5g.-mgg ::;; c '" 0( u .,; ~ . ~ ~ ~ ~ ~ o o ~ o ~ ~ u Peter Crosby 5132 Oxbow Place North Champnn MN 55316 Telephone 612-799-2213 Fox 763-712-4847 To whom it may concern at the city of Andover, My wife and I have recently purchased a property in Andover and we planned on getting a building permit to renovate some of the property and put up a garage. I contacted my surveyor who is quite familiar with the area and he told me there was some problems with the area Nevertheless we had to have it done. We were shocked to find out that the house was built so close to the front property line. We would like to apply for a variance to build the garage as it would make our house a complete home, not just a house with a couple of temporary structures for storage and a couple of cars parked in the front yard. This would not enhance the neighborhood. We only wish to build a two car garage. Not a five car like the one next door. We also would build it farther back from the property line than the garages next door were built The property is unique and very close to the river, we want to make it beautiful and practical. All the houses in the neighborhood have garages and I have never even seen a house without a garage before. For just one moment imagine your own home without a garage. I don't know what I would do. Thank you, Peter and Amy Crosby -5"- ~DN~ COMMe1'\'t- S """'-' Andy Cross From: Sent: To: Subject: Tom Hovey [tom,hovey@dnr.state.mn.us) Wednesday, March 22, 2006 4:01 PM Andy Cross Garage Setback Variance, Rum River, 5159 159th Avenue NW,Andover, Anoka Co. Andy, Thank you for sending the materials for the garage setback variance at 5159 159th Ave. NW, from the Rum River. It appears that the new garage will be setback farther from the river than the existing house. Since a garage is a reasonable structure to have in Minnesota, and the lot is too small to accomodate the required river setback of 150 feet, I will recommend that we certify the setback variance of 37 feet. I have not visited the site at this point. to the vegetative screening on site, we may be made as a condition of the variance. If it looks like there could be improvements recommend that improvements to the vegetation The existing house is 80 feet away from the river, and the proposed garage will be 113' from the river. Please send us the City's decision when available. We will then take action on the certification. Please feel free to contact me if you have questions. Tom Hovey Area Hydrologist MN DNR Waters Phone: 651.772.7923 Fax: 651.772.7977 e-mail: tom.hovey@dnr.state.mn.us Visit our website at: www.dnr.state.mn.us/waters - ,,- / i I / -.Ill ~ ---- \ \ I ..... ~ :::J 0- CD .E~ 0:: CD :::..,c: (.) r::: CD CD cu ~ ~ "i:: :::Jq: ~ (I);; 0) Jc €~ (.) .:. CD 0) CU Q.1t) ;3 e""" CD 0.. It) (I) CD 0) ~ CU (!) I -- .......- ------ r ~ ~~ \11~ ~ . >~ o - \ t'I\ o:l . ~' N.\ 1'rl A...J.~' IG'1 ..- -\ J .~ --- ~~:..-- ....... ___ ~" (I- ----<: /!o.; .It: '2." ~ 5 nD 4~ '" .". , .ll\ ~ - \;... ~ ,,\1\\ -; 01. <<> , ..~ ....~..,. "-'- l:: ~.~ ~~ B ~C) 8:'""" 0& t ~~ !;; :a Q;:~ "lI \ tc.t ~ 0 \ -D .\ r:r;:: 0- \ 'th 0 LfI r- '" ~ \.II .... <1' III '~ J~ ~ tf = ........, '-' ~ ....D 0"'" '0 0 1 1'0...0 \ <Q' . rf' w <;) \7"- I:"' -t' ,,~ .! \ lid:) _ -. ~ \l r- III I." ~ \ . '>," b'6 JP l'J _," ,,,, ~ '<t" 41,1 <0 ~ \!' co \.... <l :~ o. ~ !...> 4-\;' " lti' ~ '. - ..;r r... r{\ - o . M ~ r..n ~1'\17' Wild' -f/- ~~ III l:: ::t .~ ~:a -S::iIi: ~~ ;:iji~ ~:S ";:::, q, :Z:\Ij ~\ t;. ",- rP.S$ '1f3^'!f WfJJ JflI71H1j../ .. ~ :::i ~ ~ .~ ..... .~ ~ ~ t! (g "2 ~ ~ ~ -3- ~ Regular Andover Planning and Zoning Commission Meeting Minutes - March 28, 2006 Page 2 conditions that must be taken into consideration for all variances, and that not all of them pertained specifically to this lot. Chairperson Daninger stated that, even though they were not required to hold a public hearing, they would consider taking public comment. He asked the Planning ommission if they were agreeable to this- the other commissioners nodded assent. ion by Casey seconded by Kirchoffto open the public hearing at 7:10 p.m. Motion earn on a 6 ayes, O-nays, I-absent (Walton) vote. Ms. Marn I Wilber 3510 136th Lane NW, stated that she's lived in the neighborhood since before ose Street was put in. She said that the City was responsible for installing a berm with ev reen trees on it to screen the neighborhood to the south and wondered what screening ld be put in on the subject property. She also wondered what will be done to prevent peo e from parking on 136th Lane to access the business. Mr. Bednarz stated Rose eet will not be connected to 136th Lane. He further explained that part of the reason for the . ance was to ensure that adequate parking could be provided on the site so that there w need for people to park on the adjacent street. Mr. Bednarz explained that the landscaping reviewed through the commercial site plan process, and that the applicant had indicated a .. ness to install adequate screenmg. Motion by Casey seconded by Holthus to close the public hearing at carried on a 6-ayes, O-nays, I-absent (Walton) vote. Motion by Greenwald seconded by Casey to recommend to the City Council ap I of the proposed variance because of circumstances unique to the property that were not created by the landowner. Motion carried on a 6-ayes, O-nays, I-absent (Walton) vote. .. Mr. Bednarz stated that this item would be before the Council at the April 4, 2006 City Council meeting. VARIANCE (06-03) TO CONSIDER A VARIANCE TO SETBACK REQUIREMENTS FOR PROPERTY LOCATED AT 5159 159TH A VENUE NW. Mr. Cross summarized the staff report for the Planning Commission. Commissioner Holthus wondered what the current condition of the house was. Mr. Cross indicated that the applicant would be better suited to answer the question, but that renovation work had begun. Chairperson Daninger indicated that they would probably follow the same format as the last item- allowing public comment despite the fact that it was not a public hearing. -,- Regular Andover Planning and Zoning Commission Meeting Minutes - March 28, 2006 Page 3 Commissioner King wondered if the garage would affect the septic drain field. Mr. Cross indicated that the garage could not impact the drain field, as it would not meet code. Commissioner Greenwald wondered if a legal non-conforming lot such as this one could be rebuilt ifit were destroyed. Mr. Cross indicated that if the house was more than 50% destroyed it could not be rebuilt without variances. Commissioner Greenwald wondered about the reasoning for the I 50-foot setback. Mr. Cross indicated that this was the Scenic River District and that the setback was largely for aesthetic purposes. Commissioner Greenwald asked about the DNR requirement of vegetative restoration. Mr. Cross indicated that these requirements had not been specified yet. The DNR will come up with requirements if and when the City approves the variance. Commissioner Greenwald wanted clarification- they were considering variances to two different setbacks? Mr. Cross stated that this was correct. Commissioner Greenwald wondered if we can grant a variance to the scenic river district if it's a DNR requirement. Mr. Cross stated that we can require them to meet all requirements stipulated by the DNR for the approval of the variance. Commissioner Greenwald wondered how many other properties in the area had a similar situation? Mr. Cross indicated that he did not have that information available. Chairperson Daninger asked if the rest of the houses in the area were built at the same time? Mr. Cross responded that he didn't have that information, but that all of the lots were platted at the same time. Chairperson Daninger asked staff to explain the meaning of abatement. Mr. Cross indicated that the City Council had ordered the abatement of a number of dilapidated properties in the City, and that this property was one of them. The property owners were ordered to abate the nuisances on their property; if they do not do so, judge can give the City the authority to abate them. The applicant purchased the subject property and has been working to rehabilitate it. The City Council has stopped abatement proceedings on the subject property because of the work that is being done. Chairperson Daninger asked if the Planning Commission was comfortable allowing comment again. They nodded their assent. Motion by Casey, seconded by King to open the public hearing at 7:30 p.m. Motion carried on a 6-ayes, 0 nays, I-absent (Walton) vote. Mr. John Galvin, 5151 l59th Avenue NW, stated that he was concerned about the septic system. He stated that it was over 40 years old, and wondered if it was appropriate to allow a new garage to be built ifthe septic system needs replacing and may need to be located in the area where the garage was being proposed. Ms. Mary Anderson, 5167 159th Avenue, stated that she has lived there for 20 years and that she has been concerned about the condition of the property. She appreciates that the applicant is doing something with the property. She had concerns about the septic system. She was also concerned because her well is 15 feet from the property line, and if the garage goes in and she needs her well serviced, they will not be able to drive back to her well. She recognized that this was her issue. She wondered why the garage could not -10- Regular Andover Planning and Zoning Commission Meeting Minutes - March 28, 2006 Page 4 have been attached to the house in place of the screen porch. She is concerned about the quality of the river and water contamination. Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:38 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Walton) vote. Chairperson Daninger invited the applicant, Mr. Pete Crosby up to address the Planning Commission. Commissioner Holthus asked what the current condition of the house was. Mr. Crosby indicated that they're about halfway through the framing process. They've replaced all of the windows and doors. They had to order some new trusses for the screen porch- it had to be completely removed and rebuilt. They're finishing the basement, moving the bathrooms, and redoing the kitchen. Chairperson Daninger wondered why the garage could not be attached in place of the screen porch? Mr. Crosby stated that because house is a walk out, the foundation is small, and to put the garage there would have required tearing up much of the foundation. Also, if they cannot add a garage, there is storage space under the porch that is needed. Chairperson Daninger asked about the septic system- even though it's not directly related to the variance, there were a number of questions and concerns. Mr. Crosby indicated that they had a state certified septic system designer come out and inspect the system, which had to be dug up. Mr. Crosby stated that the inspector was surprised by the condition of the system. The system has been certified as being in compliance with all applicable standards, and has been approved by the City Building Official. Mr. Crosby displayed a rendering ofthe proposed garage. Commissioner Greenwald stated that the garage does meet the side yard setback. Mr. Cross indicated that the City does have the certificate of compliance for the septic system. Chairperson Daninger polled the Planning Commission to gauge how a vote would go. Commissioner Greenwald stated that he had been uncomfortable granting a variance to the scenic river district, since it was likely tied back to the DNR, but that the letter from the DNR had relieved his concerns. Commissioner Kirchoff agreed. Motion by King, seconded by Casey, to recommend approval of the proposed variance because of circumstances unique to the property that were not created by the landowner Motion carried on a 6-ayes, O-nays, I-absent (Walton) vote. -II~ Regular Andover Planning and Zoning Commission Meeting Minutes - March 28, 2006 Page 5 Mr. Cross stated that this item would be before the Council at the April 4, 2006 City Council meeting. Commissioner Greenwald wondered if the DNR would set their requirements before or after this goes to the City Council? Mr. Bednarz indicated that the state generally waits until after the City has granted approval before they give their approval and issue conditions. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Greenwald, seconded by Casey, to adjourn the meeting at 7:50 p.m. Motion carried on a 6-ayes, O-nays, l-absent (Walton) vote. Respectfully Submitted, Chris Vrchota, Associate Planner -IZ-~ S'\NDbVE~ @ TO: 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Mayor and Councilmembers ~ Jim Dickinson, City Administrator Will Neumeister, Community Develop . t Director ~ Courtney Bednarz, City Planne~ CC: FROM: SUBJECT: Consider Code Amendment/Allowing New and Used Vehicle Sales as CUP in Industrial Zone/Adding Licensing Requirements - Planning DATE: April 4, 2006 INTRODUCTION The Council is asked to review the proposed ordinance amendment that was previously discussed at the February 7tlJ. Council Meeting. DISCUSSION The Planning Commission reviewed the proposed amendment at their February 14tlJ. and 28tlJ. meetings and held a public hearing on March 14,2006. At the public hearing, two changes to the proposed ordinance were discussed. The first item concerns the weight of vehicles that would be allowed for vehicle sales. The intent is to limit vehicle sales to commonly sold passenger vehicles and trucks and to prohibit the sale of commercial vehicles. It was suggested that a 12,500 pound gross vehicle weight rating be used as the standard. Gross vehicle weight rating includes the actual weight of a vehicle as well as the weight it can carry and tow. Curb weight relates solely to the actual weight of a vehicle. The point was made that a vehicle with a curb weight of (the fonnerly proposed) 10,000 pounds would allow larger vehicles than was intended. Proposed City Code 3-8-7 C. has been modified as suggested and a definition of gross vehicle weight has been included. The second item concerns the extent of repair that would be allowed on a site licensed for used vehicle sales. The intent is to prevent damaged vehicles from being stored on site to be used for scrap parts to create a saleable vehicle. Proposed City Code 3-8-8 C. and D. are written to accomplish this intent. The fonnerly proposed provision limiting repair to detailing, routine maintenance and minor repair that does not involve the replacement of multiple engine or body parts has been eliminated. Background Used vehicle sales is proposed to be a conditional use in the Industrial Zoning District. One of the standard conditions will require completion of the Commercial Site Plan (administrative) review process to ensure compliance with the City Code. Other reasonable conditions can be added to the pennit based on the particular circumstances of the site and surrounding land uses. Licensing requirements with specific performance standards are included at the request of the Council and Planning Commission. Off street parking requirements are also proposed to be amended to provide standards for vehicle sales. Additionally, the Council will need to amend City Code 1-7 to establish the amount of the vehicle sales licensing fee (included in the proposed amendment). Please note that fees are required to be set based on the cost of providing the service. In this case, the City Clerk and Community Development Department will be involved in reviewing, issuing and inspecting to ensure compliance with the licensing requirements. It is estimated that the amount of time needed to administer each license will be about two hours annually. Based on the staff that will be involved in this process, it is recommended that the initial license fee be set at $105. This fee can be reviewed annually with the rest of the fee schedule. State Statutes State Statutes 168.27 and 65B provide extensive regulations for vehicle sales in Minnesota including bonding, vehicle registration, and liability insurance. These items are not proposed to be regulated by the City Code. Please note the Driver and Vehicle Information section of the Department of Public Safety web site (www.dps.state.mn.us) also provides good information on applicable regulations. Building Value Relative to Land Value The Commission was interested in establishing a provision similar to Brooklyn Center to ensure a reasonable investment in a building and prevent an office trailer scenario. Brooklyn Center requires improvements valued at least 1.5 times the value of the land. The draft ordinance requires the improvement value to exceed the land value. The proposed site of a proposed used car sales operation near the Hugh's Industrial Park has a land value of$63,000 and improvements valued at $87,100 (or 1.38 times the land value). Definition of Vehicle Sales Staff recommends a definition be added to reinforce the Planning Commission's direction to limit vehicle sales to cars and trucks and to prevent recreational vehicles from being included under the proposed vehicle sales license. The language is included in the attached ordinance. ACTION REOUESTED The Council is asked to review and approve the proposed ordinance amendment. If it is determined that changes are needed and the changes are not resolved at the meeting, please provide direction to staff and table the item to a future Council meeting. Attachments Draft Ordinance Summary Ordinance Planning Commission Minutes Cc: Joe Brabant 16351 Gladiola Lane NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TO ADD NEW AND USED VEHICLE SALES AS A CONDITIONAL USE IN THE INDUSTRIAL ZONING DISTRICT AND ESTABLISH LICENSING REQUIREMENTS, PERFORMANCE STANDARDS AND FEES THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 12: PERMITTED, CONDITIONAL, AND PROHIBITED USES ENUMERATED Permitted, Permitted Accessory, Conditional, and Prohibited Uses Zoning Districts New Vehicle Sales Used Vehicle Sales R-I R-2 R-3 R-4 R-5 M-I M-2 GR LB NB SC GB I P C C C CHAPTER 13: PERFORMANCE STANDARDS SECTION 12-13-9: Off Street Parking Requirements: H. Number Of Spaces Required: The following minimum number of off street parking stalls shall be provided and maintained by ownership for the respective uses hereinafter set forth: New and Used Vehicle Sales Emplovee Parking: 3 stalls plus 1 stall per 400 square feet of gross floor area (GFA) bevond the first 1.000 GFA Customer Parking: 5 stalls plus 5 stalls per acre above the first acre. CITY CODE TITLE 3: BUSINESS AND LICENSE REGULATIONS CHAPTER 8: VEHICLE SALES BUSINESS 3-8-1: Purpose and Intent 3-8-2: Definitions 3-8-3: License Required 3-8-4: Application for License 3-8-5: Review of Application: Issuance or Denial 3-8-6: License Fees and Term: Renewals 3-8-7: Conditions of License 3-8-8: Standards 3-8-9: Violation Provisions 3-8-10: Revocation of License 3-8-1: PURPOSE AND INTENT: It is the purpose of this chapter to regulate vehicle sales to establish reasonable and uniform regulations to prevent adverse impacts on the health. safetv. morals and general welfare of the citizens of the citv. 3-8-2: DEFINITIONS: A. Gross V ehicle Weight Rating: The total weight of a fullv equipped vehicle and pavload including the amount of weight that can be carried and towed. B. Vehicle Sales: the sale of cars and trucks as limited by the City Code. excluding recreational vehicles. 3-8-3: LICENSE REOUIRED: No person shall engage in the business of selling. trading or advertising the sale of new or used vehicles within the citv without first obtaining a license as provided in this Chapter. For the purposes of this chapter. anvone who. as a part of their livelihood. engages in the regular sale. trade or exchange of vehicles shall be deemed to be doing business as a new or used vehicle dealer. 3-8-4: APPLICATION FOR LICENSE: A. Information Required: Anv person. partnership or corporation desiring to secure a license shall make application to the Citv Clerk including the following: I. Completed city application form 2. Fee as established bv Citv Code. 3. Completed Minnesota Vehicle Dealer License Commercial Location Checklist 3-8-5: REVIEW OF APPLICATION: ISSUANCE OR DENIAL: The Citv Clerk shall submit the application to the Citv Council for its consideration. The Council. by motion. may grant or refuse to grant the license after consideration ofthe application. 3-8-6: LICENSE FEES AND TERM: RENEWALS: The fee for every such license shall be established by resolution ofthe Citv Council. Every such license shall expire on December 31 next after it is issued. 3-8-7: CONDITIONS OF LICENSE: A. Transferability: The license shall not be transferable from one person to another. and a new license must be applied for each time a place of business is changed. B. Posting: Everv such license shall be kept conspicuous Iv posted in the place for which the license is issued and shall be exhibited to any person upon request. C. Inventorv: Vehicles allowed to be sold or stored on site shall be limited to a gross vehicle weight of 12.500 pounds. D. Restrictions and Conditions: The Council may impose any conditions or restrictions it deems necessarv or advisable in the public interest. including but not limited to the hours of operation. building materials. fencing. landscaping. screening. lighting and signage. E. Review: The Council mav review the license at anv time for the purpose of adding additional conditions to mitigate adverse impacts on the health. safetv. morals and general welfare ofthe citizens of the city. 3-8-8: STANDARDS: The following standards are established for all businesses engaged in the selling. trading or advertising the sale of new or used vehicles within the citv: A. Parking areas shall conform to the requirements ofCitv Code 12-13-9. The Site Plan shall clearlv identifv parking for customers and parking for display of vehicles for sale. Parking shall be prohibited in drive lanes. on landscaped areas and anv place other than approved on the site plan. B. All businesses engaged in the sales. trade or advertising the sale of new or used vehicles within the Citv limits shall conduct these activities onlv on properties for which thev have been granted a license under this chapter. This provision shall not apply to promotional events and activities conducted outside the citv limits. C. Vehicles that are visiblv damaged shall not be visible from public streets and shall not be stored outdoors for more than 48 hours. D. Outdoor storage of vehicle parts or other materials. including but not limited to tires. scrap metal. glass. pallets and refuse shall be prohibited. E. Sales of used vehicle parts shall be prohibited. F. The dismantling or reduction of vehicles shall be prohibited. G. Signage shall conform to Citv Code 12-13-8 and shall be further restricted as follows: 1. No sign may be posted on vehicles except those required bv the State of Minnesota. 2. All signs posted on vehicles shall be inside the vehicle. 3. No sign posted on vehicles shall contain text font or other information that is larger than three inches in height. H. The estimated value of improvements to the licensed propertv shall exceed the estimated market value ofthe licensed property as estimated bv Anoka Countv. 3-8-9: VIOLATION PROVISIONS: Anv person who shall violate any portion of this chapter shall be guiltv of a misdemeanor. 3-8-10: REVOCATION OF LICENSE: Everv such license may be revoked bv the Council after the license has been given reasonable notice and an opportunitv to be heard for the violation of any provision of this chapter or for the violation of anv conditions or restrictions in the motion granting the license or any motion thereafter passed bv the Council. ALSO, THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS THE FEE ORDINANCE BE AMENDED AS FOLLOWS: TITLE I: ADMINISTRATION CHAPTER 7: REVENUE AND FINANCE A. ADMINISTRATION Vehicle Sales License $105.00 per vear Adopted by the City Council of the City of Andover on this _ day of CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Vicki Volk, City Clerk ,2006. CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE REGULATING VEHICLE SALES IN THE CITY OF ANDOVER. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 349. Policy The purpose of this ordinance is to establish regulations for the sale ofvehic1es within the City of Andover. The ordinance provides for the zoning districts in which this use is allowed and establishes licensing, performance standards and fees. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this _ day of ,2006. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk Michael R. Gamache, Mayor Regular Andover Planning and Zoning Commission Meeting Minutes - March 14, 2006 Page 7 ~ PUBLIC HEARING: ORDINANCE AMENDMENT TO CONSIDER LICENSING REQUIREMENT SAND PERFORMANCE STANDARDS FOR VEHICLE SALES. Mr. Cross explained this item continues the discussion from the February 14 and February 28 meetings. Mr. Cross discussed the staff report with the Commission. Chairperson Daninger noted staff had received an email from Eric Kohnke, 921 l58th Avenue NW, in favor of this Ordinance. Motion by Casey, seconded by Walton, to open the public hearing at 8:15 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Joe Brabant, 16351 Gladiola Street, stated there was a discussion about the vehicle weight which was something he had suggested. He stated GBW needed to be added to the 12,500 pound GVW. He indicated the weight of the vehicle was irrelevant. He noted with the 10,000 pound weight that would broaden this and allow a very large vehicle. He stated they wanted to look at the GVW, not at the actual weight of the vehicle. He indicated a 10,000 pound vehicle was a very large vehicle. He noted with respect to the vehicle repair issue, he stated it was required by law that new vehicle dealers have a repair facility on their site. He stated the restriction of automotive repair on site was not the original intent. He indicated the Council was aware that he had automotive repair on his site and it was not their intent to restrict the repair, but instead they were concerned about signage, etc. Lorna Erickson, 2435 I 66th Avenue, stated she supported Mr. Brabant. Motion by Casey, seconded by Kirchoff, to close the public hearing at 8:23 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Chairperson Daninger stated it was their intent to measure the vehicle by GVW and not actual weight. Commissioner Walton stated he would like to see the chart staff had prepared again, but he did not want to hold this item up with this request. Commissioner Kirchoff noted item "I" was stricken. He asked if this should remain or was it part of item "H". Mr. Cross responded that item would remain as item "I". Commissioner Greenwald asked if Mr. Brabant could remain in business with condition "I" as written. Mr. Brabant shook his head no. Commissioner Walton stated Mr. Brabant had indicated he needed a full repair shop in order to stay in business. Commissioner Greenwald noted they were wasting their time if item "I" remained as it was written, which would not allow Mr. Brabant to remain in business. Regular Andover Planning and Zoning Commission Meeting Minutes - March 14, 2006 Page 8 Chairperson Daninger stated he wanted this to go forward with this and the spirit and intent was not as written and Council could change this. Commissioner Greenwald stated Mr. Brabant should come up with a statement that could be agreed upon by Council. He noted as it was written, he could not approve this. Commissioner King noted the facility on the property already performed a repair business, he should be allowed to continue. Chairperson Daninger noted they were not just considering this particular property and they were looking at this as a whole. He noted this particular business might be able to get a Conditional Use Permit if needed. Commissioner Walton asked what has happened in the past when ordinance changes came close to going to Council. He asked if it has been tabled for further information. Chairperson Daninger stated it was rare if after a public hearing an issue is tabled. He stated while they were not at 100 percent, they had come to a compromise and if the spirit or intent ofthis was not what they were thinking, it could be changed prior to the Council meeting. Commissioner Greenwald stated they could pass this on, except for 3-8-8(1) that this should be researched by staff. Motion by Greenwald, seconded by Casey, to recommend to the City Council approval of the Ordinance Amendment to consider licensing requirements and performance standards for vehicle sales with 3-8-7(C) to allow 12,500 GVW weight and on 3-8-8(1) staff to research if the part stricken out should be stricken as well as this being too restrictive. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Cross stated that this item would be before the Council at the April 4, 2006 City Council meeting. IC HEARING: SIGN ORDINANCE AMENDMENT TO CONSIDER REV/, TO CITY CODE 12-13-8. . item continues the discussion from the February 28th meeting. Commissioner Greenwald stated he had a concern t CA (page 13) height ofthe sign not being taller than the highest outside wall or parapet. . Yrchota noted the sign could be put in front of the parapet, but not above the roofline i was no parapet. Motion by Greenwald, seconded by Walton, to open the public hearing at 8:40 Motion carried on a 7-ayes, O-nays, O-absent vote. (!) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers ~ S~ Jim Dickinson, City Administrat~ Will Neumeister, Community Development Director filet- Chris Vrchota, Associate Planner PJr CC: FROM: SUBJECT: Consider Code Amendment/Revisions to the Sign Code l2-l3-8/Updating the Code - Planning DATE: April 4, 2006 INTRODUCTION As part ofthe ongoing project to update the Zoning Code, staff has been working on updating the sign code. The goal of the proposed changes is to modernize the code, which has remained largely unchanged since the 1970's, to clarify unclear or contradictory sections, and to establish a more defined set of performance standards. DISCUSSION There are relatively few substantive changes being proposed. In general, the changes being proposed are aimed at making the code easier to read and understand. One of the most significant changes being proposed is making the sign code a stand alone chapter within the zoning code- it is currently a subsection of the "Performance Standards" chapter. Other substantive changes that are being proposed include: prohibiting roof signs and billboards, making area identification signs a permitted use rather than a conditional use, and tracking temporary sign use over the calendar year, as opposed to tracking them over a l2-month period starting from the application date, as is currently done. Based on input from the Planning Commission, a section dealing specifically with real estate signs has been added. Copies ofthe proposed changes were sent to Andover businesses at the beginning of February. Business representatives were asked to respond to the proposed changes or contact staff with questions. They were also invited to attend a meeting at City Hall on February 220d to discuss the proposed changes and ask questions. One person attended the meeting. Attachments Ordinance Summary Ordinance Planning Commission Meeting Minutes- 02.28.06 Planning Commission Meeting Minutes- 03.14.06 ACTION REOUESTED The City Council is asked to consider adopting the proposed changes to the Sign Code (attached). If the changes are adopted, the Council is also asked to adopt the attached summary ordinance. Respectfully Sub Chris Vrchota CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 12 DEALING WITH SIGNS WHEREAS, The section of the City Code dealing with signs has been reviewed and updated to modernize the regulations and performance standards for signs, remove conflicting and confusing language, and make the code easier to understand; and WHEREAS, The proposed changes have been reviewed and recommended for approval by the Planning Commission. NOW THEREFOR BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS (Underlining being newly added language and strike- outs indicating language to be removed): SECTION: 12-16-1: 12-16-2: 12-16-3: 12-16-4: 12-16-5: 12-16-6: 12-16-7: 12-16-8: 12-16-9: 12-16-10: 12-16-11: CHAPTER 16 SIGNS Purpose Scope Permit Required Exemptions SiQns Prohibited in All Districts Real Estate Si~ms Performance Standards Permitted SiQns and Standards by ZoninQ District SiQns Allowed by Conditional Use Permit Temporary and Promotional SiQns Inspections 12-16-1: Purpose: The purpose of this section is to allow effective siQnaQe appropriate to the planned character of each zoninQ district and to provide minimum standards for the safeguard of life, health, safety, property and public welfare by regulating and controlling the design, quality of materials, construction, type, size, location, electrifioation and maintenance of all signs and sign structures not located within a building. -2.- 12-16-2: Scope: No signs sh311 here3fter be erected, re erected, constructed or altered, except as pro'/ided by this title. The siqn reQulations set forth in this chapter shall apply to all structures and all land uses. except as otherwise provided in this chapter. All siqns allowed by this chapter shall be limited to on-premise siqns. except where otherwise specifically noted. 12-16-3: Permit Required Fee: A permit is required for the installation of any siQn in the City except for those exempted in section 12-16-4. A permit application shall be submitted and a set fee established by the City Council1 shall be paid before a permit is issued. except Ihere shall be no fee for governmental units or nonprofit organizations. 12-16-4: Exemptions: The followinq siQns shall not require a siQn permit. provided that the Qeneral siqn reQulations established in this code are met: A. Election Signs: Election signs are permitted in on any private property. Such signs may be pl3ced displayed from August 1 until ten (10) days after the general election. B. Temporary Governmental Signs: All temporary governmental signs used to control traffic during road or utility construction activities and provide information or warning to the public. C. Private Traffic Circulation Signs: Private traffic circulation signs in parking lots, and pedestrian circulation signs, and traffic warning signs in alleys or other hazardous situations may be are permitted, provided: 1.-SHGR !ndividual signs do not exceed three (3) square feet. 2. The minimum number necessary for purposes intended is utilized. 3. Such signs are utilized exclusively for purposes intended and permitted. (Amended Ord. 8, 10-21-1970) D. Normal sign alteration and maintenance shall not require a sign permit, including: 1. The changing of 3d'lortising the copy or message on a reader board siqn p3inted or printed sign 3nd papered billbo3rds, or changing a message on theater marquees. 1 See subsection 1-7-3H of this code. -?r- 2. Maintenance, painting, repainting or cleaning of a sign unless a structural change is made. 12-16-5: Prohibited Signs; .^.I1 Districts: SiQns Prohibited in All Districts: The following signs may shall not be erected within the city: A. No sign m::1Y be erected Any siQn that, by reason of position, shape, movement or color, interferes with the proper functioning of a traffic sign or signal or which otherwise constitutes a traffic hazard. B. There shall be no flashing sigfl or revolving sign in the front setback area within one hundred twenty five feet (125') of a street intersection (as measured from intersecting right of way lines) or within one hundred twenty five feet (125') of a residential district, except where lighting for such sign is indirect or diffused ::1nd in no way constitutes a traffic hazard. c. Signs sh::111 not be painted directly on a stone or on the outside wall of a building or any siQn affixed to a fence, tree, stone, or utility pole.-9F other simil::1r objects in any district. D. Roof siQns. roof advertisinQ symbols. roof 10Qos. roof statues, or roof sculptures. No siQn shall extend above the roofline. E. Signs may not be permitted within the public right of way or easements, except as authorized by the governing body~ under subsection G1c(3) of this section. F. No sign 'Nil I be permitted th::1t provides refuge from police surveillance or tends to accumul::1te debris ::1S ::1 fire hazard to the public he::1lth, s::1foty, con'/enience, or gener::11 welfare. F. Audible siQns. G. Billboard siQns. H. Any siQn which contains information. whether written or Qraphic. that is obscene in nature. !:. All siQns not expressly permitted or exempted under this chapter. 12-16-6: Real Estate SiQns: SiQns advertisinQ the availability of property for sale. lease. or rent shall be allowed in all districts. subiect to the followinQ provisions: A. All real estate siQns shall be subiect to the provisions of this chapter. -~- except herein provided. B. All siQns shall be removed within seven (7) days after the completion of the advertised sale or lease. C. SiQns advertisinQ new residential or commercial developments are permitted, provided that: 1. Such siQns do not exceed thirty-two (32) square feet in size. 2. There shall be no more than one such siQn per street frontaQe of the development. D. SiQns offerinQ individual properties. either land and/or buildinQs, for sale. lease or rent shall be limited to six square feet in size. One such siQn shall be permitted per lot. A siQn permit is not required for the placement of these siQns. 12-16-7: Minimum Sign Performance Standards: A. Construction Requirements; Nonconforming Signs: All signs shall be in accord::mco compliance with applicable provisions of the state Andover Building Code. All signs not in conformity with tho provisions of this titlo shall bo removod ',vithin a period of fI....o (2) yoars following onactmont. Every person enQaQed in the business of erectinQ siQns in the city is required to have a valid contractors license issued by the BuildinQ Department. B. Maintenance And Repair: All signs shall be maintained so as not to be unsightly to adjoining areas or create hazards to the public health, safety or general welfare. All signs, together with their supports, braces, guys and anchors, shall be kept in Qood repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. The city may order the removal of any sign that is not properly maintained. C. Obsolete SiQns: Any siQn that no 10nQer advertises or identifies a bona fide business conducted or product sold on the premises shall be removed by the property owner within thirty (30) days after written notification from the ZoninQ Administrator. Support posts and frames that no 10nQer contain siQnaQe must be removed by the property owner within six (6) months after written notification from the ZoninQ Administrator. D. Size and Placement Standards: -5'- 1. AU !lIuminated signs located within fifty feet (50') of a residential district lot line shall be diffused or indirect so as not to reflect direct rayc of light into adjacent residences. 2. In all districts, any portion of any sign exceeding four (4) square feet shall be set back a minimum of ten feet (10') from any street right of way line and five feet (5') from any residentially zoned property line. Sigfls developed ac :m integr::ll part of a building (such ::IC ::I sign on a p::lr::lpet w::I1I or service station) m::lY exceed the height Iimitc, provided such excecc height ic not over five foet (5'). 3. Projection: Si~,"s may project a maximum 2 feet into a required buildinQ setback area. 4. Automobile ~ervice stations may erect one pylon or pedestal sign not to exceed twenty five feet (25') in height in a setback area, provided no part of any such sign shall be closer to the side lot lines than the required side yard setback, nor within five feet (5') of the rear lot line or any street right of way. 5. Multi-faced signs may shall be permitted, with the maximum square footage on each side. Multi-faced signs shall not exceed two (2) times the area of single faced signs. 6. Signs chall be permitted on vacant lots shall be limited to real estate signs. in :lccord:lnce with thece regulations. 7. All corner and through double frontaQe lots shall be considered as having two (2) front lot lines for application of regulations pertaining to signs. E. Area Identification Signs: Area identification siQns. including off site signs. shall be permitted in all districts subiect to the provisions of this chapter and with the following conditions: 1:. The sign shall not be separated from the area or project it identifies by an arterial roadway. 2. The sign shall be within 500 feet of the project it is identifyinQ. 3. The siQn shall not be included in the total signaQe permitted for the property on which it is located. 4. The owner of the property where the siqn is to be placed shall give written permission for the sign to be placed on their -b- property. 5. All area identification si~ms shall be identified on the plat or commercial site plan. 12-16-8: Permitted Signs and Standards In Specific by ZoninQ Districts: Signs shall be permitted by zoning district in accordance with the following minimum standards: A. Residential Districts: 1.Type: Residential identification, area identification, institutional, temporary, any si~m exempted in section 12-16-4. a. Portable, trailer based temporary siQns shall be permitted for Qovernmental or institutional uses only. 2. Style: Combination, freestanding, pedestal, wall. 3. Number: One per lot frontage. 4. Height: Not over ten feet (10') above grade except as otherwise provided herein. 5. Illumination: Indirect or diffused lighting of signs is permitted~, subjeot to lumination oontrols. 6. Size: a. Residential identification and temporary, as follows: Parcel (Land) Size Maximum Square Feet Per DwellinQ 4 16: On parcels less than 5 acres On parcels of 5 acres but less than 20 On parcels of 20 acres or greater *Signs greater than four (4) square feet on parcels of land five (5) acres or more in size shall only identify agricultural related uses. 20: -1-- b. Nonresidentbl ::md institutional Signs: Institutional si~lns up to thirty-two (32) sQuare feet shall be permitted. Thirty two (32) squ3re feet for nonresidontbl signs offering a residenti31 development f-or s31e and institutional signs. Sixty-four (64) sQuare feet of siQnaQe is permitted for multiple frontaQe lots. c. Area Identification SiQns: One freestandinQ siQn shall be allowed at each street entrance to a subdivision Afea identific3tion signs m3Y be 3110'.\'ed, provided: (1) The area for development is larger than five (5) acres; (2) One sign por developmont is allowed by conditional use permit. Additional signs shall be reviewed by the Andoyer re...iO'.\' committee (ARC) and the pbnning and zoning commission 3nd approved by tho city council. (2) All siQns shall be identified on the preliminary plat. (3) The maximum square footage of the sign is thirty-two (32) square feet in 3re3. (4) The sign is located ten feet (10') from any property line. (2) Real est3te signs, as follows: six (6) squ3re feet for re31 est3te signs offoring individual properties, either land :md!or buildings, for s31o, loaso or ront. f. Projection: I\ny sign o'/er four (4) square feet sh311 be set back 3t le3st ton feet (10') from any lot line. d. Illumination: Indiroct or diffused lighting of signs permittod, subject to lumination controls. B. General Recreation (GR} And Limited Business (LB} Districts: 1. Type: Business identification, institutional, area identification, temporary, any siQn exempted in section 12-16-4. 2. Style: Combination, freestanding, illuminated, pedest31, roof, wall. 3. Height: No more th3n two feet (2') above No taller than the highest outside wall of building, or twenty-five feet (25'), whichever is less. 4. Projection: Signs m3Y project two feet (2') into the required Y3rd 3re3. - ~- 5.Jllumin3tion: IIIumin3ted but non fl3shing signs permitted. &.. 4. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of two (2) square feet per front foot of building. b. No single sign shall exceed two hundred (200) square feet. c. No individual business signs shall be S9 arranged so as to create an ~ integrated sign having over that exceeds two hundred (200) square feet in size. C. ShoppinQ Center (sq And Neiqhborhood Business (NB} Districts: 1. Type: Business identification, area identification institutional, temporary, any siQn exempted in section 12-16-4. 2. Style: Combination, f1ashinQ, freestanding, illuminated, pedestal, roof, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of three (3) square feet per front foot of building. b. No single sign shall exceed one hundred (100) square feet except n3meplate (business identifioation) area identification signs, which shall not exceed three hundred (300) square feet. 4. Height: Not over six foet (6') above No taller than the highest outside wall or parapet or twenty five feet (25'), whichever is less. 5. Projection: Signs m3Y project two foet (2') into the required yard, exoept a n3mepbte sign may be loc3ted in any Y3rd 3re3 but not within ten foet (10') of 3ny street right of W3Y line or within five feet (5') of 3ny other lot line. 6. IIlumin3tion: II1umin3ted 3nd flashing signs permitted. D. General Business (GB} Districts: 1. Type: Advertising, Business identification, area identification, institutional, temporary, any siqn exempted in section 12-16-4. 2. Style: Combination, flashinQ, freestanding, illuminated, pedest31, roof, wall. -'1- 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. b. No sign shall exceed two hundred fifty (250) square feet, except area identification si!:ms, which shall not exceed three hundred (300) square feet. c. Ad'/ertising sign area on vacant lots shall not exceed four (4) square foet per f-oot of lot frontage. d. No ground or pedestal sign more than twenty five foet (25') above average grado and no roof sign more than ten foet (10') above roof shall be allo'Nod. 1. Projection: Sign!:: may project two foot (2') into any required yard. 4. HeiQht: No siQn shall be more than twenty five feet (25') above grade. 5. Illumination: Illuminated and flashing !::igns permitted. E. Industrial (I} Districts: 1. Type: /\dverti!::ing, Business identification, area identification, temporary, any siQn exempted in section 12-16-4. 2. Style: Combination, flashing, freestanding, illuminated, pedestal, roof, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. b. No sign shall exceed three hundred (300) square feet. c. /\dverti!::ing !::ign area on vacant lot!:: shall not exceed four (4) square foet per front f-oot of lot frontage. 4. Height: No sign shall be more than twenty-five feet (25') above grade. 5. Projection: Sign may project only two foet (2') into required yard area. 6. Illumination: Illuminated sign!:: permitted. - 10- 12-16-9: Signs Allowed By Conditional Use Permit: A. Permitted Signs: The following signs shall be allowed by conditional use permit effiy: 1. Marquees of any type, with or without signs. 2. Signs on benches (not in city parks), newsstands, cabstand signs, bus stop shelters and similar places. 3. 1\ real est3te cign for 3 recidentbl project of five (5) acres or more m3Y be 3110'Ned, provided: 3. Sign are3 is not over 1\...0 hundred (200) cqu3re foet in are3. b. The sign ic looated 3t leact one hundred thirty foet (130') from any residentbl struoture. c. An agreement is m3de to remove the sign 'Nithin w.'o (2) ye3rs unless an extencion of time is gr3nted by the governing body, 3fter approval of 3 condition31 use permit h3S been gr3nted. 3. Real estate signs over thirty-two (32) square feet per lot frontage and exceeding other sign area limits in business and industrial areas. /\dvertising signs in the gener31 business and industri31 districts 3. The 3ggreg3te square footage of such 3dvertising sign sp3ce Sh311 not exceed the sum of four (4) squ3re foet per front foot of building, plus one squ3re foot per front foot of property not occupied by 3 building; no developed lot sh311 be permitted advertising sign space in excess of three hundred (300) squ3re feet over that permitted for business and identification signs. b. On vac3nt lots, advertising signs m3Y be permitted on the b3sis of four (4) squ3re foet per foot of lot frontage. c. Loc3tion Near Residential District: No 3dvertising sign Sh311 be located within seventy five foet (75') of a residential distriot. 6. Are3 identific3tion signs may be 3110wed, provided: 3. The are3 for development is I3rger than five (5) acres; -11-'" b. One sign per development is allo'....ed by condition31 uce permit. Addition31 signs shall be reviewed by tho /\ndover review committee (ARC) and the pl3nning and zoning commiseion and appro'/ed by the city council. c. The m3ximum squ3re foot3ge of the sign is thirty two (J2) squ3re feet in 3re3. d. The sign ie located ten foet (10') from 3ny proporty line. 4. Institutional signs in residential districts with an aggregate square footage exceeding thirty-two (32) square feet and/or more than one sign per lot frontage, provided: a. The sign is located ten feet (10') from any property line. b. The aggregate square footage of sign space shall not exceed one hundred (100) square feet. c. The sign shall be of the following styles: combination, freestanding, pedest31, roof or wall. d. No more th3n one Gign shall be allowed per lot frontage unlese approved by city Council. e,. d. The sign shall be located at least one hundred thirty feet (130') from any residential structure. g,. 6. /\dvertieing signs when used in conjunction with foncing for recroation31 fucilitiee (ball fielde) Ballfield advertisinQ siQns that are not visible from adjacent residential property as viewed from ground level. B. Conditions Of Permit: Tho f.ollowing criterb Sh311 bo used for iesu3nce of 3 conditional use pormit for 3ny eign: 1. Size: 3. The 3ggrog3to square foot3ge of such 3dvortising cign sp3ce sh311 not oxceed tho cum of four (4) squ3ro feet porfronUoot of building, plue one square foot per front foot of property not occupied by a building; no dovoloped lot ehall be permittod ad'/ortieing eign epace in oxcoee of throe hundrod (300) square foot over th3t permittod for business 3nd identific3tion signs. b. On vacant lote, advertieing signe may bo permittod on the baeis of f.our (4) SqU3ro feet per foot of lot front3go. -12-- 2. Location Near Residential District: No ad'.'ertising sign sholl be located v.'ithin seventy five feet (75') of a residential district. 3. Traffic Hazards: No sign sholl be permitted that oonstitutes a hazard to vehicubr t::afety. 4. Signs That Blight The /\rea: No sign sholl be permitted that may tend to depreciate nearby property values, be a detriment to scenic or pleasant views, or otherwise mar the bndscape. 12-16-10: Temporary and Promotional Sians: Signs Allowed Without Conditional Use Permit: The following signs are allowed, permitted, subiect to the provisions of this chapter: '::ithout a oonditional use permit: 1. Real Estate Signs: Real estate (for rent, sole or lease) signs may be pbced in any yard, provided: a. Such signs are not closer than ten feet (10') to any property line. b. Such signs do not exceed a total of six (6) square feet per lot frontage in residential arcas and thirty tv:o (32) square f-oet on any other lot. A. Temporary Signs: Temporary signs shall be permitted in any district in any yard area; except, that: 1. Such sign shall not be within ten feet (10') of any street right of way or within five feet (5') of any other lot line. 2. There shall be no more than three (3) one (1) such signs per business. on any lot. 3. The total area of such signs shall not exceed thirty-two (32) square feet. Non-institutional siQns in residential districts shall be limited in size as outlined in section 12-16-8-A-6 ofthis code. 4. A maximum of 30 days of temporary siQnaQe is permitted per business per year. B. Promotional Signs: The City Administrator or designee may approve signs or other devices that do not comply with the standards of this title when they are found to be in conformance with tAe public health, safety, and welfare., the purpose of '""hich is .....hen Such signs or devices afe may be used to attract attention, directly related to, and port of temporary outdoor special promotional events (grand openings, carnivals, craft shows, flea markets and other similar events). Such events shall not exceed ten (10) -13- calendar days per year. Examples of the signage and devices that may be approved in this manner are spotlights, skytrackers, balloons, port::lble signage, and similar devices. when such signage and devioes are found by the oity administrator or designee to be in oonformanoe with the public health, safety, and 'I.'elfuro. .^.I1 requm:ts for approval by the city administrator or designee responsive to this subseotion H6 shall be made with the initial application for a temporary outdoor promotional event and a fee in support of the applioation as set forth by ordinanoe\ (Amended Ord. 8, 10-21-1970; amd. 2003 Code) C. Temporarv Real Estate Si!:lns- The City Administrator or desiQnee may approve temporary. off-site real estate si!:ms. I. Obsolete Signs: ^" signe now or hereafter existing whioh no longer advertise or identify a bona fide businese oonducted, a service rendered, or 3 product cold Sh311 be t3ken down 3nd removed by the owner, 3gent, or other person h3ving the benoficbl use of the building or etructure upon whioh the eign m3Y be found '....ithin ten (10) days after written notice from the oity. 12-16-11: Inspections: Upon proper presentation of credentials, the Building Official or his duly authorized representatives may enter at reasonable times any building, land or structure in the city to inspect or re-inspect any signs. (Amended Ord. 8, 10-21-1970) Adopted by the City Council ofthe City of Andover this _ day of ,2006. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk 1 See subsection 1-7-3A of this code. -14- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 12 DEALING WITH SIGNS STATURORY AUTHORIZATION AND POLICY Statutory Authorization This Ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of this Ordinance is to update and modernize the regulations and performance standards for signs, remove conflicting and confusing language, and make the sign code easier to understand. - GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this Ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this Ordinance. Interpretation Interpretation of the provisions of this Ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this Ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover this _ day of ,2006. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk -15"- ZONING COMMISSION MEETING - FEBRUARY 28,2006 The Regular Bi-Monthly eeting of the Andover Planning and Zoning Commission was called to order by Chairpers Daninger on February 28, 2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Bo vard NW, Andover, Minnesota. Commissioners present: Chairp on Daninger, Commissioners Tim Kirchoff, Rex Greenwal Michael Casey, Valerie Holthus, Devon Walton (arri at 7:06 p.m.) and Michael King. Commissioners absent: There were none. Also present: City Planner, Courtney narz Associate Planner, Andy Cr s Associate Planner, Chris Vrcho Others APPROVAL OF MINUTES. February 14, 2006 Commissioner Kirchoff indicated on page 5, the name of the bus company should be "Grande American Bus Company" instead of "Qreat-American Bus Company". Motion by Casey, seconded by Holthus, to approve the minutes as presented. Motion carried on a 5-ayes, O-nays, 1 present (Greenwald), I-absent (Walton) vote. ~ WORK SESSION: A. Sign Code Mr. Vrchota stated as part of the ongoing project to update the Zoning Code, staff has begun the process of updating the sign code. The goal of these changes is to modernize the code, which has remained largely unchanged since the 1970's, to clarify unclear or contradictory sections, and to establish a more defined set of performance standards. -If>- Regular Andover Planning and Zoning Commission Meeting Minutes - February 28, 2006 Page 2 Commissioner Walton arrived at 7:06 p.m. Commissioner Kirchoff stated he wanted to clarify what it states on page 10; there is a table at the top referring to parcels and square feet per dwelling. He stated there is an asterisk and he was not sure what it applies to but it mentions "signs greater than four square feet on parcels of land five acres or more in size shall only identify agricultural related uses." He wondered if this meant that any parcel over five acres in size has to identify agricultural uses only. Mr. Vrchota stated they do in a residential district. Commissioner King stated one area talks about the temporary signs in the old standard it limited it to thirty days out of a twelve month period, now they are taking any limitation out completely. Now it is saying a temporary sign may be placed in such a manner as not to be solidly affixed to any building structure or land. There is no time period for a temporary sign, so why is it considered temporary. Mr. Vrchota stated they put the time limit in the section dealing with temporary signs. Commissioner King stated on page seven under prohibited in all districts, audible signs, does that also make reference to real estate signs that have phone numbers on them for people to call. Chairperson Daninger thought this was considered inward audible and the code is indicating outward audible. Commissioner Holthus wondered if it was possible to have a chart or graph indicating what was allowed in each of the districts. Mr. Vrchota stated they did look at that and the problem they found is that there are so many different caveats per zoning district that it ended up having a whole bunch of sub sections and was not as functional as a table should be. Commissioner Greenwald wondered if roof signs were something that came from the Council. Mr. Vrchota stated in working on updating this, they looked at other cities to see what they had done on their recent sign updates and there was a trend towards limiting roof signs. Commissioner Greenwald did not think they could completely disallow roof signs because sometimes there might be somewhere they would want to use them. He thought there should be something listed under Promotional Signs, Item A. Commissioner Greenwald wondered what the limit of time was that someone could put a real estate sign for open houses, etc on comers. Mr. Vrchota stated real estate signs are covered under l2-16-4a, on page 6. Number 5 indicates signs have to be removed within seven days after the completion ofthe advertised sale or lease. Commissioner Walton did not think that section dealt with temporary real estate signage. He thought it dealt with lot signs or a regular post hanging for sale sign in a yard. The Commission discussed temporary real estate signage. Commissioner Walton stated the temporary real estate signage seemed troublesome to him. He thought the different types of real estate signs needed to be individually defined. -/'1- Regular Andover Planning and Zoning Commission Meeting Minutes - February 28, 2006 Page 3 He thought real estate signage should be covered as an entirely different entity. Commissioner Greenwald agreed. Commissioner Walton stated he noticed on page one, bench sign, it comments briefly about a sign attached to a bench not to include memorial dedications in park areas yet as a signage type, they do not cover memorial dedications that he saw and he wondered if they could or should establish memorial dedications, albeit plaques or other types of signage as a separate signing definition. Chairperson Daninger wondered if Andover had any billboards in the City. Mr. Vrchota stated they did not. Chairperson Daninger wondered about the calendar year for sign permits. He wondered what happens to the people who apply for a sign at the end of the year. Mr. Vrchota stated they would have a permit for the time they apply for it until the end of the year and then they would have to apply again at the beginning of the year. Chairperson Daninger stated they have not addressed any signs within the roadway. Mr. Vrchota stated private signs are not allowed on public right-of-way, they need to be on private property. Commissioner King wondered why they are excluding trailer signs as real estate signs. Mr. Vrchota stated most businesses use trailer signs for their advertising but are not appropriate for a residential area. Commissioner Walton stated if they are gong to allow it for a block based business, which real estate businesses do operate out of, in terms of taking away a promotional opportunity from a real estate business, he thought this was too restrictive. Mr. Vrchota indicated they were not saying that a real estate agent with an office in a commercial area could not use it; they are saying those are not appropriate in a residential area. Commissioner Walton thought that may be the one restrictive comment to add to the verbiage. He thought the wording should include "populated residential area" in the reViSion. Commissioner Walton thought they should allow the trailer signs in new developments where there are few if no houses built yet. Chairperson Daninger asked the Commission if in a development area, they would like to see a trailer sign in there. Commissioner King stated he believed it should be allowed. Commissioner Greenwald stated it would be too difficult to monitor and he did not think a trailer sign would work. Commissioner Holthus thought it would be too hard to keep track of in a residential area. Commissioner Casey thought once the development starts, if there are not houses there, he could see that use but once the residences are constructed, he thought it would take away from the neighborhood. Chairperson Daninger indicated he would not like it either. -/8- Regular Andover Planning and Zoning Commission Meeting Minutes - February 28, 2006 Page 4 Commissioner Walton wondered if it should state "trailer signs shall be restricted to commercial property only." Commissioner Greenwald stated he was concerned by the roofline aspect of the building in regards to where signage could be installed. Mr. Vrchota stated the intention is that it does not extend above the roofline. There is also the twenty-five foot height limit for SIgns. B. Automobile Sales Performance Standards Mr. Bednarz stated at the previous meeting the Planning Commission expressed specific items they wanted the performance standards to address. hairperson asked the Commission if they were comfortable with 10,000 lbs for weight. Commission concurred. CommI ioner King asked on the first page, they make reference to State Statute 168.27, dealing w bonding. One of the things they talked about was they did not want to get into a situati of dismantling vehicles and putting them back together, Statute 168.27 states both oftn e items. Mr. Bednarz stated the proposed local standards do not allow dismantling onsite. Commissioner Kirchoff ted they discussed there would be no automobile repairs on a used car lot unless they pos ss a new dealer license and he wondered if there was new criteria for a new dealer versu used dealer. Mr. Bednarz stated there is not. Commissioner Greenwood wondere 'fthis is practical because he thought used dealers might buy vehicles from auction and m need to fix them up to sell them. Mr. Bednarz stated this is an issue of contention with t operation that wants to do business in Andover and they feel that this is an unfair re riction because it would discriminate against used car dealers. Staff does not want ve . c1es brought in and major repairs completed before it can be sold on the same site. Commissioner Greenwald thought this put a big restricti on the used car business. Commissioner Kirchoff thought it did not because they cou repair the vehicles at another place. Commissioner Greenwald thought that was too strictive and he had an issue with that. He thought minor repairs would be ok and they c Id include wording in the code indicating what type of repairs could be done on site. Chai erson Daninger thought the Commission discussed this in detail at the last meeting and ere in concurrence with what was written. Commissioner Greenwald indicated was vehemently against this because they are forcing the business to have a locatI outside of Andover to do their business. -,~- Mr. Bednarz stated the intent was not to stop people from detailing vehicles; the inten was to stop them from dropping in new engines in the vehicles to resell them. Regular Andover Planning and Zoning Commission Meeting Minutes - March J 4, 2006 e8 Commis' er King noted the facility on the property already performed a repair business, he uld be allowed to continue. Chairperson Daninger noted they were not just considering t . particular property and they were looking at this as a whole. He noted this particular 'ness might be able to get a Conditional Use Permit if needed. Commissioner Walton asked at has happened in the past when ordinance changes came close to going to Council. sked if it has been tabled for further information. Chairperson Daninger stated it was rar . after a public hearing an issue is tabled. He stated while they were not at 100 percent, had come to a compromise and if the spirit or intent of this was not what they were thinkin it could be changed prior to the Council meeting. Commissioner Greenwald stated they could pass this on, ex should be researched by staff. Motion by Greenwald, seconded by Casey, to recommend to the City Co cil approval of the Ordinance Amendment to consider licensing requirements and perfo ce standards for vehicle sales with 3-8-7(C) to allow 12,500 GVW weight and on 3- 8(1) staff to research if the part stricken out should be stricken as well as this being too restrictive. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Cross stated that this item would be before the Council at the April 4, 2006 City Council meeting. ~ PUBLIC HEARING: SIGN ORDINANCE AMENDMENT TO CONSIDER REVISIONS TO CITY CODE 12-13-8. Mr. Vrchota explained this item continues the discussion from the February 28th meeting. Mr. Vrchota discussed the staff report with the Commission. Commissioner Greenwald stated he had a concern about CA (page 13) height of the sign not being taller than the highest outside wall or parapet. Mr. Vrchota noted the sign could be put in front of the parapet, but not above the roofline ifthere was no parapet. Motion by Greenwald, seconded by Walton, to open the public hearing at 8:40 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. There was no public input. Motion by Greenwald, seconded by Casey, to close the public hearing at 8:41 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. -Zo- Regular Andover Planning and Zoning Commission Meeting Minutes - March 14, 2006 Page 9 Commissioner Walton stated he believed memorials and dedications should be covered in this also. He believed this might have been missed by staff. Mr. Vrchota noted memorial signs were only mentioned as a sign affixed to a bench. Commissioner King inquired on Page 7, Section 8, election signs, he asked ifthere should be some consideration given for school board district elections, which might be different than the general election. Commissioner Greenwald suggested the signs could be displayed 90 days prior to an election until ten days after the election. Mr. Vrchota stated they would look at adding supplemental language for special election events, rather than revising the wording. Commissioner King noted on Page 17, section l2-16-7-A, the section number had a typographical error and should be changed. Motion by Greenwald, seconded by Casey, to recommend to the City Council approval of the Sign Ordinance Amendment to consider revisions to City Code 12-13-8 with staff adding a reference to memorial signs. Staff revise Section 12-l6-4A to add wording for either fixing the election wording or adding wording for special elections. Section 12-16- 5 numbers A and F are to be combined. On Page 17, reference to Section 12-16-7-A-6 to be changed to 12-16-8-A. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Vrchota stated that this item would be before the Council at the April 4, 2006 City Council meeting. OTHER BUSINESS. Motion by Gr wald, seconded by Kirchoff, to adjoum the meeting at 8:54 p.m. Motion carried on -ayes, O-nays, O-absent vote. Respectfully Submitted, -2..1- Kathy Altman, Recording Secretary TimeSaver Off Site Secretarial, Inc. @ TO: CC: 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Mayor and Council Members ~ Jim Dickinson, City Administrato~ David D. Berkowitz, City Enginee~D Todd Haas, Asst. City Engineer FROM: SUBJECT: DATE: Consider Coon Creek Watershed District Appointment - Engineering April 4, 2006 INTRODUCTION This item is in regard to recommending to the Anoka County Board of Commissioners an individual or individuals to serve as a manager on the Coon Creek Watershed District. DISCUSSION The individual that currently serves as a manager on the Coon Creek Watershed District is Jeff Knoll who resides in Andover. Mr. Knoll's term expires May 27,2006. Mr. Knoll has informed Tim Kelly, Coon Creek Watershed District Administrator, that he will not seek reappointment. Anoka County has placed a public notice in the various local newspapers as required by law. Attached is the letter regarding the procedure. The City of Andover does not need to submit three names, as one name is sufficient. A letter of recommendation from the City was to have been submitted to the County Board of Commissioners by March 29, 2006. Jay McLinden, County Administrator, is aware the City Council will make a recommendation at the April 4th meeting with the name being forwarded to the County shortly thereafter. Deric Deuschle, Andover resident and currently lives in the CCWD boundary, is the only individual that has indicated interest (attached is his e-mail). ACTION REOUIRED The City Council is requested to re-submit a letter to the Anoka County Board of Commissioners recommending Deric Deuschle to be appointed to the Coon Creek Watershed District. Note: Mr. Deuschle is a biologist with SEH and is very familiar with the Wetland Conservation Act and procedures for permit requests and approvals. Mr. Deuschle has most recently served on the Elm Creek WMO when he lived in the City of Champlin. Respectfully submitted, ~~ Attachments: Letter from Jay Mclinden & E-Mail from Deric Deuschle cc: Deric Deuschle, 16030 Quince Street NW, Andover MAR. 28, 2006 4: 34PM ANOKA COUNTY ADMIN ANNOu, 80~ k 2 COUNTY OF ~ . ~ II ) OFFICE OF COUNTY ADMlNISTRA TION GOVERNMENT CENTER 2100 3RD AVENUE' ANORA, MINNEsOTA 55303-2265 (763) 323-5700 January 11, 2006 JOHN "JAY" McLINDEN CollI1l)' Admlnistrll!or This letter sent to elected officials of Andover Blaine Coon Rapids Ham Lake Columbus Township The Honorable Mike Gamache Mayor, City of Andover 2815 134th Avenue NW Andover.:MN 55304 RE: Coon Creek Watershed District Appointment Dear Mayor Gamache: In accordance with the provisions of Minn. Stat. ~ 103B.227, Anoka County in January 2006 will publish notice that the tenns will expire for managers on the Coon Creek Watershed District Board of Managers. The notice publication requirement applies because Coon Creek Watershed District is considered to be a watershed management organization. The published notice must state that persons interested in being appointed may submit their nameS to the appointing authority, which is the county board, for a watershed district appointment For your information, a copy of the notice which will be published is attached. In appointing a manager to the Coon Creek Watershed District, Minn. Stat. ~ 103D.311 is also applicable. This staIute requires a county board to appoint a manager for a watershed district from a list of persons nominated jointly or severally by the towns and municipalities within the district if a list(s) is submitted 60 days before the manager's term of office expires or to appoint a manager who resides in a city ortown that fails to submit a list. If there is a desire to jointly submit a list for the manager appointment, you may wish to confer with affected cities and towns and jointly submit the list. The cities and to'WIlS with territory located in the Coon Creek Watershed District are Andover, Blaine, Coon Rapids, Ham Lake, and Columbus. In order for names submitted to the county to be considered a list under the statutory definition, the list must contain the names of at least three nominees eligible to be appointed. To be eligible for an appointment, a nominee must reside within the watershed district boundaries, be a voting resident of the district, and not be a public officer of the county, state, or federal government (except that a soil and water conservation supervisor can be appointed). The county board may choose to appoint someone who is not on a list if the person resides in a city or town which did not submit a list In making watershed appointments, there is an additional factor which is to be considered by a county board. Minn. Stat. S 103D.311 requires watershed district managers to be appointed to fairly represent the various hydro logic areas within the watershed district by residence of the manager FAX~ 763.323.5682 Affirmative Action I Equal Opportunity Employer TDIlfITY; 763-32:'>-5289 .~, MAR. 28, 2006 4: 34PM January 11,2006 Page 2 ANOKA COUNTY ADMIN NO, 8092 p, 3 appointed.. The appointee whose term will expire on May 27, 2006, is Jeff Knoll, who resides in portion 6 of the Coon Creek Watershed District. The other managers live in portions 7, 15, and 53. A map with the location of current board members noted is being forwarded to the manager/clerk of the City of Andover. If you have any questions regarding this appointment process, you may contact Pam McCabe, Assistant County Attorney, at 323-5667. Sincerely, fr J1t ~.,,_. John "Jay" McLinden County Administrator JM:pa Enclosure cc: Municipality Manager/Clerk Pam McCabe, Assistant County Attorney Patsy Anundsen, Administration Office Manager MAR. 28, 2006 4: 35PM ANOKA COUNTY ADMIN NO, 8092 P. 4 NonCE IS HEREBY GIVEN pursuantto Minn. Stat s1 03B.227 and s1 03D.311 that a vacancy will occur on the Coon Creek Watershed District Board of Managers due to the expiration on May 27, 2006, of the term of Jeff Knoll. Term of appointment is for three years. Managers are eligible to be reappointed. Persons interested in being appointed to serve on the Coon Creek Watershed District Board of Managers may submit their names for consideration to the Anoka County Board of Commissioners, the appointing authority. Minn. Stat. 31030.311 permits the cities and towns in the district to submit a Iist(s) of nominations to the county board. If a valid list( s) containing at least three eligible nominees for a manager's position is submitted at least 60 days prior to the expiration of the terms, the Anoka County Board of Commissioners is required to make appointments either from the list(s) or to appoint a manager who resides in a town or city that fails to submit a list Since a list may be submitted, persons interested in being considered for appointment may wish to contact their city or town to request to be inoluded on a list of nominations. In the absence of a valid list, the Anoka County Board of Commissioners may appoint any voting resident of the Coon Creek Watershed District who is not a public officer of the county, state or federal govemment. ~~Hf~-,,- J n' Jay" c nden County Administrator PUBLISH IN: Anoka County Union, Friday, January 20, 2006 Forest Lake Times, January 19, 2006 cc: Bobbie Koehler Pam McCabe Jay Mclinden. Patsy Anundsen MAR, 28. 2006_ 4: 35PM_ANOKA COUNTY ADMIN NO,8092-P. 5 Coon Creek Watershed District 2 . ANOOVEll 6 3 6 N ~E s LEGEND D HYDROLOGIC AREAS D COMMISSIONER DISTRICTS , .. ,. ANDOVER BLAINE _ COLUMBUS TOWNSHIP ,--:-::';-] COON RAPIDS ~'-'-"'., HAM LAKE .of MAR, 28. 2006 4: 36PM NO. 8092 P. 6 ANOKA COUNTY ADMIN ., COUNTY OF ANOKA OFFICE OF COUN1Y ADMINISTRATION GOVERNMENT CEN1ER 2100 3RD AVENUE. ANoKA, MmNEsOTA 5530.3-2265 (763) 323-5700 March 17, 2006 PATSY ANUNDSEN Office Administrator Direct #763.323.5687 MEMO TO: Anoka County Commissioners Patsy Anundsen, Office Adminisfrator ~ -'\.... FROM: SUBJECT: Term Expiration of Jeff Knoll - Coon Cr~k Watershed District You may have received the attached e-mail relating to Jeff Knoll and his decisions not to seek reappointment. For your further information, notice of this term expiration was published in January. Cities have until March 29th to contact the county as to their recommendations. After that time, an appo!ntment can be made -.from either a qualified list or SOmeone not on a list residing in a city that did not submit a list There are further requirements for appointees such as being a voter within the watershed, having the various areas fairly represented, and not being a public officer. At the earliest, an appointment can be made by the county board on April lIth Or later. A map showing the location of current Coon Creek Watershed appointees is attached. Please do not hesitate to contact either myself, Jay McLinden, or Pam McCabe if you have any questions regarding this process. Ipa Enclosure cc: ~ Mclinden Pam McCabe FAX: 763.323.5682 Afiirmlltive Aetlon I Eq\lal Opportunity Employer IDDITIY: 763-323-5289 1I~~1 MAR. 28, 2006 4: 36PM ANOKA COUNTY ADMIN NO. 8092 t'a~p, 7lT 1 . . RS-CoAdmin - CCWD Manager Jeff Knoll /. C1 ' , c..... !2:),ffl("){5!~ Date: Subject: CC: "Tim Kelly" <tkelly@cooncreekwd.org> "Dave Berkowitz" <DBerkowitz@cLandover.mn.us>, "Todd I;aas" <thus@ci.andover.mn,us> 03/1712006 9:43 AM CCWD Manager Jeff Knoll ."Michelle Ulrich" <MU224@~OL.COM>, "Jay McLinden" <coadmin@co.anoka.mn.us> From: To: Dave &. Tod Jeff Knoll's appointment to the Board of Managers expires 5/28/06. Jeff informed me Monday night (3/13106) that he will not seek reappointment Under M.S. 1038 and M.S, 103D you will need to contact/coordinate with Anoka County on the process for appointment of a new manager Jeff's sea! has been filled by a. citizen of Andover for at least the \as! 20 yean;. Tim Kelly, District Administrator Coon Creek Watershed District 12301 Central Avenue NE, Suite 100 Blaine, MN 5S434 (763) 755-0975 1';1.... {{('-\ T,.mnIGW WOOD 1.HTM 03/1712006 Dave Berkowitz From: Sent: To: Subject: Deric Deuschle [ddeuschle@sehinc.com] Wednesday, March 29, 2006 11 :11 AM Dave Berkowitz Coon Creek position Dave, Thank you for contacting me concerning the recent vacancy on the Coon Creek Watershed District Board. I am very interested in representing the City of Andover in this position, and would like to submit my name as a candidate for the position. I have served a similar role for the City of Champlin for the last three years, and would be able to make the commitment needed for this position. Please feel free to contact me if you need more information. Thanks for considering me for this position. Deric Deuschle Biologist, Natural Resources Group SEH - St. Paul 651. 490.2114 1 @) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule EDA meeting DATE: April 4, 2006 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the April 18, 2006 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: I. Update on Economic Development Activities 2. Letter of Intent - Presentation/Review 3. Purchase Agreement Review/Approval 4. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items ACTION REOUIRED Schedule an EDA meeting at 6:00 pm before the April 18, 2006 City Council meeting. \,'~~_'Ubm;ttoo, ~ ~i=n @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755.5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: April 4, 2006 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Update on Improvement Projects 2. Administration & City Department Activities 3. 2005 Audit Progress Report 4. Legislative Topics 5. Meeting Reminders 6. Miscellaneous Projects Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. DATE April 4. 2006 ITEMS GIVEN TO THE CITY COUNCIL ~ Final Plat/Cardinal Ridge ~ Final Plat/Stack's Woods af[81~ PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:\STAFF\RHONDAAIAGENDA\CC L1ST.doc LJ I~I j?~13O . I , I / ) I F'RE:SEF~'v'E I _1- W@@~ _9'9'. :lh ;"eE'!.' 1"~~~ ;0__- ~2.2.2. 9' .iCl ~ I~( I I~ I " -I'''. or tho Soothwo" Quart.. or tho ~ 30 I ~ L '~'Tn ,~~~o.~ Qu:":~:;: T. :~ ~:/2',,\ ~?: _ _ I "41"rl. L.I "'\Jr""'\L.L '"' I I \L-L- I 1'4'.". l- ----+--r=----~~I"\I,' ;~;:...~; c"-;.,, 'T-~;---;;-'-^~- ---;;--;::;:--~-_;;_--------------------- I n'\IVI\('"'\ \.JVU.'t' I 1\1"fll -/ VI -"n I I L.n I ''''V. '- I Fl NOO'49'3'"E !'l ~ A'........' "'-, ,P AR~;;"-L. <,~ P ARCEL ~g ~ nRvi:.L. " 964.34 -- - / tll -'" t.. 11/''\' .L,t.. 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WWW,CI.ANDOVER.MN,US FROM: Lee Brezinka, Assistant Finance Director TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director SUBJECT: Payment of Claims DATE: April 4, 2006 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $97,353.36 on disbursement edit lists #1-2 from 03/29/06 - 03/31/06 have been issued and released. Claims totaling $158,782.49 on disbursement edit list #3 dated 04/04/06 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUIRED The Andover City Council is requested to approve total claims in the amount of $259,135.85. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, ~?3~ Lee Brezinka Attachments: Edit Lists ..... "'-' :J 0..... _ 0 ~~ ~~ ~] ~u 15 .... =~ o = U 0.. 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""',.,,., "........ >00 ~ CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755.5100 FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Items for April 4, 2006 City Council Meeting DATE: April 4, 2006 The City Council is requested to receive the following supplemental information. Discussion Items Additional Information - Item 13. Hold Public Hearing/Order Plans & Specs/Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Andover Station North Ball Field Improvements (05-15) (Supplemental) - Engineering . Additional Information - Item 14. Hold Public Hearing/Order Plans & Specs/05-II/fulip Street NW (Supplemental) - Engineering '- G:ISTAFFIRHONDAA\AGENDAISUPPLEMENTALlsupplementaI4-4-06.doc @ C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Hold Public Hearing/Order Plans & SpecificationslWoodland Crossings (05- 32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Andover Station North Ball Field Improvements (05-15) (Supplemental) - Engineering DATE: April 4, 2006 INTRODUCTION A letter was received from Woodland Development Corp. on Friday, March 31, 2006 regarding the feasibility report for the above subject project. The letter is attached for your review. City staff have reviewed all items mentioned in Mr. Westlund's letter and determined they are reasonable requests and can be addressed during the design phase of the project. Respectfully submitted, (J~Q.U~ David D. Berkowitz ~ Attachments: Letter from Woodland Development Corp. cc: Byron Westlund, Woodland Development Corp., 13632 VanBuren Street NE, Ham Lake, MN 55304 March 30, 2006 RE: FEASIBILITY REPORT FOR WOODLAND CROSSINGS ,'- RECEIVED [ MAR" I ~OO6 -'~'-~--.- e' I T" r,,..- ~ I -;::;-;-;-.:: .~~-~-~_::._:~__~,; D.:2.:L R J Mr. David Berkowitz City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Dave: Upon reviewing the feasibility report for Woodland Crossings we feel that a great deal of effort was put into this and we understand the details as well as the financial aspect of this report. With that said, we would ask for the following items to be removed from our portion: We would like to remove the street signs from the bid. We may decide to have the City of Andover bid on this, but we have found other subcontractors that charge less than the City. In the park area, we would like to install the cement slab and the basketball court. We would ask that I those be removed from the feasibility report or the bidding contracts. So that you know, we would be very interested in handling this development as we did in Woodland Estates 4th Addition. As the contractor requests payment, we would like to pay our portion of the payment as a way of helping to reduce interest, some administration costs, assessing and bonding. Our main question is whether this project could be moved up to mid September for substantial completion. This would allow for the builders to get homes started for the 2007 Spring Parade of Homes. It would provide t"lem opportunity to pour concrete, install driveways, etc., as there is always a question of weather at this time of the year. Thank you for the opportunity to comment on this. We look forward to working with the City of Andover in the very near future. sll 13632 Van Buren St, NE Ham Lake, Minnesota 55304 (763) 427-7500 wvvw. woodlanddevelopmentcorp.com FAX: (763) 427-0192 @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Hold Public Hearing/Order Plans & Specs/05-11rrulip Street NW (Supplemental) - Engineering DATE: April 4, 2006 INTRODUCTION Attached are items that were left out of the Council packet (sample letter to property owners & preliminary assessment roll). Respectfully submitted, David D. Berkowitz Q~o. Attachments: Example Letter to Property Owners Regarding Estimated Assessments & Preliminary Assessment Roll ~~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755.5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US March 13. 2006 Roger & Terry Renner 16950 Tulip Sl NW Andover, MN 55304 Re: Tulip Street NW between 16151 Avenue NW & Valley Drive NW/City Project 05-11 Dear Mr. & Mrs. Renner: A feasibility report has been prepared to determine the estimated costs associated with proposed improvements for Tulip Street NW from 500 feet south of 16151 Avenue NW to Valley Drive NW. Intersection improvements at Tulip Street NW and 16111 Avenue NW are also included in the feasibility report. Discussion: The proposed project would. consist of improving Tulip Street NW from 500 feet south of 16151 Avenue NW to Valley Drive NW. Improvements would consist of concrete curb and gutter, bituminous paved surface, storm sewer and safety improvements to improve the flow of traffic. The intersection at Tulip Street NW and 16151 Avenue NW is proposed to have a designated left turn lane on all legs of the intersection which shall improve traffic flow once the Meadow Creek School is built and for future traffic volumes. The majority of the project would be funded by Municipal State Aid funds with a portion of the improvement being assessed to the benefiting properties. The properties that will be assessed for the improvements are depicted on Exhibit A. Properties affected by the proposed improvements were notified In early February and an informational meeting was held on February 21, 2006 to discuss the project and receive feedback and comments. Properties that are not identified . on Exhibit A are not proposed to be assessed under this project. Estimated Cost: The estimated assessment to each property are proposed to be $3,000 per parcel for properties that are substandard to the R-1 zoning district (smaller than the 2.5 acre minimum) and $4,800 per parcel for properties that meet the 2.5 acre minimum required lot size for the R-1 zoning district or $4,800 per potential buildable parcel if subdivided. This cost would be assessed over a 5 year period at 6% Interest, or the assessment may be paid in full with no Interest within 30 days of the assessment hearing. Meadow Creek Christian School is proposed to be assessed $9,600 for two potential rural lots alona Tulip Street NW and $107,970 for intersection improvements at Tulip Street NW and 161 Avenue NW. H:\Englneering\C1ty ProjectslOpen CIty Pltljects\05-11 Tunp Street W/lWord Oocuments\Ccrresponclance\ResldenlsIPubnc Hearing 05-11.DOC Assessment Period/Cost: The annual assessment payment over 5 years at 6% for $3.000 is approximately $712.19 per year. The annual assessment payment over 5 years at 6% for $4.800 is approximately $1.139.50 per year. If you have any questions. feel free to contact me at (763) 767-5133 or Jason Law at (763) 767-5130. . Sincerely, Ci)~0.~.~-..jf David D. BerkOWi~ City Engineer Encl. cc: Mayor & City Council Jason Law, Civil Engineer III H:\Englneering\C1ty ProJects\Open City Projects\o5-11 Tulip Street NW\Word OocumenlslCorrespondanceIResidems\?ubllc Hearing 05-11.o0C PREUMINARY ASSESSMENT ROLL Tulip Street NW Street Improvements City Project 05-11 Andover, Minnesota Estimated Assessments: $189.570 Name ADDRESS Parcel No. Unit Unit Assessment @ $3000.00 (2) Charles W. & Alice M. Simi . 16120 Tulip ST NW ,Andover, MN 55304 173224240007 1 $3.000.00 James H. Jones 16134 Tulip ST NW ,Andover, MN 55304 173224240008 1 $3,000.00 Meadow Creek Christian School 16127 Tulip ST NW ,Andover, MN 55304 173224130003 2 $9,600.00 (4) Meadow Creek Christian School 16127 Tulip ST NW ,Andover. MN 55304 173224130003 $107,970.00 John H. & C.O. Oavldson 16144 Tulip ST NW . Andover, MN 55304 173224240009 1 $3.000.00 Richard & Sally Smebak 16152 Tulip ST NW ,Andover, MN 55304 173224240010 1 $3,000.00 Robert & Marlys Oie 16212 Tulip ST NW ,Andover. MN 55304 173224240025 1 $3.000.00 Jeffrey L Hanson 16220 Tulip ST NW ,Andover. MN 55304 173224240002 1 53,000.00 (3) City of Andover Unassigned ~dress , Andover. MN 173224240001 laITY W. & Susan M. SmaD 16228 Tulip ST NW , Andover. MN 55304 173224240023 1 $3,000.00 Patrick G. & Barbara A. Hanle 16236 Tulip ST NW ,Andover, MN 55304 173224240024 1 $3,000.00 Rob! J. Jr. & Bonnie lee Oehn Unassigned Address, Andover. MN 173224210001 (1) Meadow Creek Christian School Unassigned Address, Andover, MN 173224120007 (1) Robt J. Jr. & Bonnie lee Oehn Unassigned Address, Andover, MN 173224120006 (1) Rob! J. Jr. & Bonnie lee Oehn Unassigned Address, Andover. MN 173224120004 Rob! J. Jr. & Bonnie lee Dehn Unassigned Address. Andover, MN 173224120003 1 $4,800.00 Rob! J. Jr. & Bonnie lee Oehn 16485 Tulip ST NW ,Andover, MN 55304 173224120002 1 $4,800.00 Rob! J. Jr. & Bonnie lee Oehn Unassigned Address , Andover, MN 083224340001 4 $19.200.00 Guy R. & Eta! Wll1ters 16735 TuUp ST NW . Andover. MN 55304 083224420002 1 $4.800.00 Steven O. & Sharon Muener 16738 Tulip ST NW . Andover, MN 55304 083224310004 1 $4,800.00 Mar1I & Marilyn G. Foresth 16m Tulip ST NW , Andover, MN 55304 083224310005 1 $4,800.00 Richard P. & Susan A. Guzik 16781 Tulip ST NW . Andover. MN 55304 083224420016 1 $4,800.00 TOTAl S 1 89.570.00 (1) Not assessed due to FIoocl Plain. (2) $48OOIBuildable Rural lot (300' frontage & 2.5 acre minimum) (3) Not assessed - CIty Park Property (4) Intersection Costs for Tulip Street NW & 161st Avenue NW Improvements (33.5% of total intersection Improvement cost) EXHIBIT A