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Home My WebLink AboutCC July 6, 1993 oJ CA.. " CITY of ANDOVER Regular City Council Meeting - July 6, 1993 Call to Order,- 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Barb Sykora (Congressman Grams' office) 2. Lot Split/14817 Round Lake Boulevard 3. Lot Split/135xx Poppy Street N.W. 4. Relocating structure/135xx Poppy Street N.W. 5. variances/Round Lake Boulevard 6. Variance/1487-161st Avenue N.W./T. Emmerich 7. Variance/16289 Hanson Blvd./T. Emmerich 8. Emerald Glen Preliminary plat 9. Receive Feasibility Report/93-11/Emerald Glen 10. Quinn Street/Red Oaks Traffic Discussion 11. MUSA Discussion, Cont. 12. Animal Complaint/Dog Bite o Staff, Committees, Commissions 13. Approve Agreement w/Anoka County/CDBG 14. Approve Lot purchase/Commercial Park 15. Reappoint Tree Commissioner/David Parent 16. Oak wilt Control Plan & Budget 17. Set Date/Special Assessment policy Review 18. Appoint park Commissioner Non-Discussion Items 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. ..-J Approve Cigarette License/Total Mart Dog Kennel License Renewals Receive Petition/Order Feasibility Study/93-13/Lots 2 & 3, Block 6, Andover Boundary Commission plat *1 Receive Petition/Order Feasibility Study/93-12/Hills of Bunker Lake 5th & 6th Approve Right of Entry/Bunker Lake Boulevard/91-28 Receive Petition/Order Feasibility Study/93-14/Woodland pond Approve Grading/Reduce Escrow/pinewood Estates ' Approve Grading/Reduce Escrow/Weybridge 2nd Release Escrow/Kensington Estates 5th/90-3 Approve Final plat/Winslow Hills 3rd Addition i Approve Temporary Extension of Vacation Limit/D. Almgren Approve Lawful Gambling License/Andover Recreatidnal Dev. Association J~_ Approve Res. Approving Joint Powers Agreement/LR~WMO Mayor-Council Input Approval of Claims Adjournment I 'I 1'1 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Tnl y Ii 1 QQ, AGENDA t\O. SECTION Approval of Minutes ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t\O. Admin. BY: Approval of Minutes V. volk 6.J. The City Council is requested to approve the following minutes: June 15, 1993 Regular Meeting ~) MOTION BY: ~) TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6. 1993 AGENDA SECTION t\O. Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t\O. Admin. BY: Barb Sykora/Congressman Grams' Office v. Volk ~.~. I. Barb Sykora of Congressman Rod Grams' office is scheduled to appear before the Council tonight. () MOTION BY: ~) TO: .' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 Discussion Items Planning ~ APPROVED FOR AGENDA AGENDA t\O. SECTION ORIGINATING DEPARTMENT ITEM t\O. Lot Split 14817 Round Lake Blvd. NW James Knoll David L. carlberg, city Planner BY: c::<. The Planning and Zoning Commission at its regular meeting on June 8, 1993, reviewed the request for a lot split by James Knoll located at 14817 Round Lake Boulevard NW. The applicant is requesting to split a two and one-half (2.5 a.) acre parcel from a large tract of land. Both parcels will meet or exceed the minimum requirements of the R-1, Single Family Rural zoning district. please consult the attached staff report dated June 8, 1993 and the minutes from the Planning and zoning Commission meeting for further information. ~) RECOMMENDATION The Planning and Zoning Commission recommends approval of the lot split request with conditions as indicated on the attached Resolution. MOTION BY: \... / TO: '0 CJ ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF JIM KNOLL TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Jim Knoll has requested a lot split to create a lot for the construction of a single family home on the property located at 14817 Round Lake Boulevard NW, legally described as follows: The West 592.28 feet of the Northwest Quarter of the Northwest Quarter of section 28, Township 32, Range 24, Anoka County, Minnesota, except the North 66 feet thereof; Also except the South 130 feet of the North 196 feet of the West 253 feet of said Quarter, Quarter, Except Roads; Subject to Easements of Record; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40; and WHEREAS, the Planning and zoning Commission finds the request is consistent with the Comprehensive Plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to allow the lot split on said property with the following conditions: 1. That the applicant pay park dedication fees pursuant to Ordinance No. 10, Section 9.07.10. 2. That the lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this 6th day of July, 1993. CITY OF ANDOVER ATTEST J. E. McKelvey, Mayor victoria Volk, City Clerk ,. "::...,,,..;"'-'.c,:.., <J ;:,'~.."..~~""\l , .L j ~ ..~ CITY of ANDOVER ,""f PLANNING AND ZONING COMMISSION MEETING - JUNE 8, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on June 8, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners absent: Also present: Maynard Apel, Bev Jovanovich, Marc McMullen (arrived at 8:25 p.m.), Becky Pease, Randy Peek, Jay Squires None Building Official, David Almgren City Planner, David Carlberg Others Commissioners present: APPROVAL OF MINUTES May 25, 1993 - Page 4, fifth paragraph, add after the first sentence, "Commissioner Jovanovich felt there were enough parks in Andover. with all the upkeep required and with the Parks Department not being able to keep up as it is, she questioned why another park is needed." o MOTION by Pease, Seconded by Peek, to approve the Minutes as amended. Motion carried on a 6-Yes, l-Absent (McMullen) vote. PUBLIC HEARING: LOT SPLIT - 14817 ROUND LAKE BOULEVARD NW, JAMES KNOLL 7:32 P.M. Mr. Carlberg reviewed the request of Jim Knoll to subdivide a 2 l/2-acre parcel from a large track of land at 14817 Round Lake 30ulevard. The proposed lot meets the ordinance requirements. He has ~alked to the applicant regarding the 34-foot strip of land that will ~emain between the proposed lot and the property line of the larger ~rack to the east and suggested the lot be moved to eliminate that strip. Mr. Knoll preferred to keep the strip as a driveway to get back to the fields. Park dedication will be $400 for one dwelling unit. The Commission discussed the strip of land that will remain to the east. Ar. C3rlberg stated there is nothing in the ordinance which requires the Lot t~ be moved to the edge of the existing parcel. The proposed lot does meet all ordinance requirements. A building permit would not be ~llowcd in the back because the resulting parcel would not have 300 feet 0f frontage unless a road is constructed to City standards. The front of the proposed lot is on a publicly maintained right of way, though it is not an improved road. ~.) The hearing was opened for public testimony. ;im _Knoll 3339 157th Avenue - was presented to ask questions. The COIl'.rnission had no questions. Andover Planning and Zoning Commission Minutes - June 8, 1993 Page 2 ~~ (Public Hearing: Lot Split, 14817 Round Lake Boulevard, Continued) MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, l-Absent (McMullen) vote. MOTION by Apel, Seconded by Pease, that the P & Z forward the lot split request of Jim Knoll to the Council recommending approval of his lot split request per the resolution prepared by Staff. Motion carried on a 6-Yes, l-Absent (McMullen) vote. The item will be placed on the July 6, 1993, City Council agenda. 7:42 p.m. PUBLIC HEARING: LOT SPLIT, 135XX POppy STREET NW, ANOKA COUNTY COMMUNITY ACTION PROGRAM i.~~ 7:42 p.m. Mr. Carlberg reviewed the request of the Anoka County Community Action Program to subdivide a parcel on Poppy Street into two parcels. It is in an R-4 district. Water has not been available to this area, so each lot will have a separate well; however, two sewer stubs have been provided. Both parcels will exceed the minimum lot requirements. A $400 park dedication fee will be required for each parcel. ACCAP plans to relocate two buildings from the Round Lake Boulevard project onto these lots. Staff recommends approval with the conditions of the payment of park dedication fees and subj ect to a sunset clause. Mr. Carlberg also noted the Commission may wish to recommend the park dedication fees be waived as a courtesy to another governmental agency, though there is no provision in the ordinance to do so. Other fees have been waived. The Park and Recreation Commission has not looked at this item since they do not get involved in lot split requests. The hear~ng was opened for public testimony. Steve Kline, ACCAP plannino Director - expressed gratitude for the cooperation received from the City. They are willing to negotiate something for the park dedication fee and would like to show good faith in terms of paying something. The houses are sold at cost to first-time home buyers, and they try to enhance the home to a higher level with the potential profits. commissioner Jovanovich asked about the potential of City water. Mr. Carlberg explained it will not be available unless a majority of the ~esidents petition for it or unless there is a health hazard. They are deep wells which meet state codes. He didn't believe the drilling of additional wells in that area is a factor. There are twin homes on both parcels abutting the proposed lots, which were allowed as part of the platting process. Staff received no comments from anyone on the proposed lot split. Commissioner Jovanovich felt the proposal would be :' a good use of the land and would enhance that area. '<) commissioner Squires did not feel it would be equitable to waive the park dedication fees but would be comfortable if a standard policy would be established to waive fees for other governmental entities. In this ~~) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE Jnnf! 8. 1 qcn 3. Public Hearing: Lot Split - 14817 Round Lake Blvd. NW - Jim Knoll ORIGINATING DEPARTMENT Planning ~ David L. Carlberg Citu pl-"nn..r APPROVED FOR AGENDA AGENDA ITEM BY: BY: Request The Andover Planning and zoning Commission is asked to review the lot split request of Jim Knoll to subdivide a two and one-half (2.5 a.) acre parcel from a large tract of land. The property is located at 14817 Round Lake Boulevard NW. The property is legally described on the attached resolution. The property is zoned R-1, Single Family Rural. Applicable Ordinances Ordinance No. 40 regulates the division of lots. A lot split is defined as any division of a lot, parcel or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning \_) district. Ordinance No.8, Section 6.02 establishes the provisions for minimum lot width, lot depth and lot area in an R-1 zoned district. The minimum requirements in an R-1 district are as follows: Lot width at Front Setback Lot Depth Lot Area Per Dwelling 300 feet 150 feet 2.5 acres Ordinance No. 10, Section 9.07.10 establishes the minimum area of land dedicated to park and open space. For all subdivisions by metes and bounds description the subdivider or developer may elect to pay, in lieu of the park dedication requirements, the sum of four hundred dollars ($400.00) for each dwelling unit that could be constructed upon the proposed subdivided property. In the event the developer elects to pay said four hundred dollar ($400.00) charge, the City may collect additional park fees if the developer re-subdivides the property in the future. Review The purpose of the lot split is to create a lot for the construction of a single family home. \ '-) Page Two Lot Split - Jim Knoll . , 14817 Round Lake Boulevard NW \J June 8, 1993 Commission Options 1. The Planning and zoning Commission may recommend approval of the lot split requested by Jim Knoll located at 14817 Round Lake Boulevard NW, legally described on the attached resolution. The Commission finds the request meets the requirements of Ordinance No. 40. 2. The Planning and zoning Commission may recommend denial of the lot split requested by Jim Knoll located at 14817 Round Lake Boulevard NW, legally described on the attached resolution. The Commission finds the request does not meet the requirements of Ordinance No. 40. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item pending further information from Staff. o staff Recommendation staff recommends approval of the lot split requested by Jim Knoll located at 14817 Round Lake Boulevard NW, legally described on the attached resolution with the following conditions: 1. The applicant pay park dedication fees pursuant to Ordinance No. 10, Section 9.07.10. 2. The lot split shall be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). "- .) '. I I ,~_,_--! ~11 I; '~-"""~I'_' II - ,- -,,~ '/y",- Co ~ ,fT+-'- 1 Ii ~- = - , 4i/~LS"~1 d I _ ' , I , i -I~.'. I :,',' ~Y'" -/,If' , \'" ~..,." ' '. , \ . · " , "'-C > ""'Jj, ".,,~,..,. ,y" ,., ....... ;.' . · ~ Fd....;. i'cW "i'+~ r- 'f' r / iSI:;t1 :;t11~{:,;:.).~j +,;~c:'~::: 1:~! "" ~":'" Uc., "V-r -=r 1 X tf;r'1f~;;$; ,.,.......'Li lh- I II"; .~.: '. '7 V I ~;=t-r 1 'dll ,. 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I o u " '\ 'J " . .._..-":.~ (C}\ ;:..... --'~.'.:"-.,' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 .' Property Address LOT SPLIT REQUEST FORM /.J/tf/1 #aC1NI'J ..(fiZkE /?Lv D Legal Description of property: (Fill in whichever is appropriate): Lot Block Addition PIN .J.'? 3;2. dLf ~~ o~ metes and bounds, attach the complete legal description.) Is the property: Abstract or Torrens ? (This information must be provided and can be obtained from the county.) --------------------------------------------------------------------- Reason for Request .:}.5 /l ~oT off M~eEL- current zoning 1(-/ --------------------------------------------------------------------- Name of Applicant Address 2239 ,T;(7/1/c...::2 IS/} ~ /11/$ -337~ lfLl/oLL.- , JI/W ./ 'id/- r~6? Date ~--.~~ -fd Home phone Business Phone signature ------------------------------------------------------- property Owner (Fee Owner) (If different from abo've) Address Home Phone Business Phone Signature Date --------------------------------------------------------------------- \J u ~ " LOT SPLIT PAGE 2 Attach a scaled drawing of the proposed split of the property showing: scale and North arrow; dimensions of the propert~ and structures; front, side and rear yard building setbacks; adjacent street names; location and use of existing structures within 100 feet. The date the property became a lot of record, the names and addresses of all property owners within 350 feet of the property proposed to be split, and the complete legal description of the subject property must also be provided. I hereby certify that this property has not been subdivided within the last three years. Lot Split Fee: --tf' Recording Fee: J1 4Lrl& ~ 4- .. ~ +/'13 Receipt Date Paid Park Dedication: Date Paid Receipt # Rev. 5-06-93:d'A Res. 179-91 (11-05-91) \.) () o .,_0.'.""'.':-.._" (~) ~~;~':::""'7r";'j;."';J/'"/~ CITY of ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, June 8, 1993 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Lot Split request of Jim Knoll to split a 2.5 acre parcel from a large parcel on the property located at 14817 Round Lake Boulevard NW (PIN 28-32-24- 22-0002), legally described as follows: The West 592.28 feet of the Northwest Quarter of the Northwest Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota, except the North 66 feet thereof, Also except the South 130 feet of the North 196 feet of the West 253 feet of said Quarter, Quarter, Except Roads; Subject to Easements of Record. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. ~J~ Vlctorla Volk, City Clerk Publication dates: May 28, 1993 June 4, 1993 Q 28 32 24 22 0004 Kenneth L & M A Slyzuk 15211 Nightingale St NW Andover, MN 55304 29.32 24 11 0007 "- C lty of Anoka 3'c..! E. Main St Anoka, MN 55303 21 32 24 33 0009 Leonard L Evenmo 3076 - 149th Ln NW Andover, MN 55304 ~) ~J 28 32 24 22 0002 Jdmes S & ~ane L Knoll 14817 Round Lk Blvd NW Andover, MN 55304 21 32 24 33 0010 Randall L & Patty A Boushek 3118 - l49th Ln NW Andover, MN 55304 28 32 24 22 0003 vincente & L. Quintana 14851 Round Lake Blvd NW Andover, MN 55304 29 3~ 24 14 0003 Kenneth L & Mary Ann Slyzuk 14124 Nightingale st NW Andover, MN 55304 21 32 24 33 0011 William D & Judith Stringer 3166 - l49th Ln NW Andover, MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items Planning ~ ITEM t\O. Lot Spli t 135xx Poppy street NW Anoka Co. Community Action program David L. Carlberg, City Planner BY: 0. ~U:'\lU"''' ~ The Planning and zoning Commission at its regular meeting on June 8, 1993, reviewed the request for a lot split by the Anoka County Community Action Program located at 135xx Poppy street NW. The applicant is requesting to split a parcel into two parcels pursuant to Ordinance No. 40. Both parcels will meet or exceed the minimum requirements of the R-4, Single Family Urban zoning district. ~) please consult the attached staff report dated June 8, 1993 and the minutes from the Planning and zoning Commission meeting for further information. RECOMMENDATION The Planning and Zoning Commission recommends approval of the lot split request with conditions as indicated on the attached Resolution. MOTION BY: '-) TO: <) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF THE ANOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, the Anoka County Community Action Program (ACCAP) has requested a lot split to create two parcels for the placement of two relocated single family homes on the property located at 135xx Poppy Street NW, legally described as follows: That part of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota, lying East of Poppy Street NW and lying South of the Northerly right- of-way line and its easterly extension of l36th Avenue NW; Except the South 400.85 feet thereof; Also Except Roads; Subject to Easements of Record; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40; and . '\ \.J WHEREAS, the Planning and zoning Commission finds the request is consistent with the Comprehensive Plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to allow the lot split on said property with the following conditions: 1. That the applicant pay park dedication fees pursuant to Ordinance No. 10, Section 9.07.10. 2. That the lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this 6th day of July, 1993. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST '- ) Victoria Volk, City Clerk Andover Minutes Page 2 Planning and zoning Commission - June 8, 1993 '~ (Public Hearing: Lot Split, 14817 Round Lake Boulevard, Continued) MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, l-Absent (McMullen) vote. MOTION by Apel, Seconded by Pease, that the P & Z forward the lot split request of Jim Knoll to the Council recommending approval of his lot split request per the resolution prepared by Staff. Motion carried on a 6-Yes, i-Absent (McMullen) vote. The item will be placed on the July 6, 1993, City Council agenda. 7:42 p.m. @ PUBLIC HEARING: LOT SPLIT, COMMUNITY ACTION PROGRAM 135XX POppy STREET NW, ANOKA COUNTY \ .' '\ '0 7: 42 p. m. Mr. Carlberg reviewed the request of the Anoka County Community Action Program to subdivide a parcel on Poppy Street into two parcels. It is in an R-4 district. Water has not been available to this area, so each lot will have a separate well; however, two sewer stubs have been provided. Both parcels will exceed the minimum lot .:-equirements. A $400 park dedication fee will be required for each parcel. ACCAP plans to relocate two buildings from the Round Lake Boulevard project onto these lots. Staff recommends approval with the conditions of the payment of park dedication fees and subj ect to a sunset clause. Mr. Carlberg also noted the Commission may wish to recommend the park dedication fees be waived as a courtesy to another govern~ental agency, though there is no provision in the ordinance to do so. Other fees have been waived. The Park and Recreation Commission has not looked at this item since they do not get involved in lot split cequests. The hear~ng was opened for public testimony. Steve Kline, ACCAP Plannino Director - expressed gratitude for the cooperation received from the City. They are willing to negotiate something for the park dedication fee and would like to show good faith in terms of paying something. The houses are sold at cost to first-time home buyers, and they try to enhance the home to a higher level with the potential profits. Commissioner Jovanovich asked about the potential of City water. Mr. Carlberg explained it will not be available unless a majority of the ~esideIlts petition for it or unless there is a health hazard. They are deep wells which meet state codes. He didn't believe the drilling of additional wells in that area is a factor. There are twin homes on bot~ parcels abutting the proposed lots, which were allowed as part of ,:he platting process. Staff received no comments from anyone on the proposed lot split. Commissioner Jovanovich felt the proposal would be ~ a good use of the land and would enhance that area. " ) commissioner Squires did not feel it would be equitable to waive the park dedication fees but would be comfortable if a standard policy would ~A e5ta~lished to waive fees for other governmental entities. In this (-:'\ "0 Andover Planning and Zoning Commission Minutes - June 8, 1993 Page 3 (Public Hearing: Lot Split, 135xx Poppy Street, ACCAP, Continued) case the City would be waiving the fee for the county, a larger governmental body; but since the ultimate use is for residential, he felt the $400 per lot would not be that much and should be applied. He again suggested a policy be established for the future. After further discussion, the Commission agreed to recommend the park fees be required but recognized that the City Council has the authority to waive them. MOTION by Peek, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, l-Absent (McMullen) vote. MOTION by Peek, Seconded by Squires, that the Andover Planning and Zoning Commission forward to the City Council with the recommendation for approval the Resolution contained as exhibited in the packet for lot split request by the Anoka County Community Action Program to create two lots for placement of two relocated single family homes, parcels located at l35xx Poppy Street NW. Motion carried on a 6-Yes, l-Absent (McMullen) vote. This item will be placed on the July 6, 1993, City Council agenda. 8:00 p.m. ./ '\ o DISCUSSION - RELOCATING STRUCTURES, 135XX POppy STREET NW, ANOKA COUNTY COMMUNITY ACTION PROGRAM Mr. Carlberg had photographs of the homes to be relocated from Round Lake 30ulevard to the parcels to be created on Poppy Street (See previous item). The blue home is to be located on the southern parcel, and the yellow house will be relocated on the northern one-half of the lot split. Both will have detached garages, and they seem to be compatible with the neighboring area. The Building Department will inspect the structures to be sure they meet code. Steve Kline, ACCAP - stated any upgrading on the outside of the homes will be a function of the budget. They will have basements as approved by the Building Department. Mr. Almgren stated the homes are compatible, built withln the same year as the surrounding homes. According to State law, they 10 not have to do anything to the homes outside of making them struc~urally sound. Commissioner Jovanovich stated she lives in that neighborhood and felt the homes would be an asset to that area. MOTION by Apel, Seconded by Jovanovich, that the P & Z recommend to the City Council that these structures certainly appear to be compatible with the area and we would recommend that they be allowed to move into ~hat area. Motion carried on a 6-Yes, l-Absent (McMullen) vote. VARIANCES: LOT WIDTH, AREA REQUIREMENT AND SIDEYARD SETBACK FROM A MAJOR ARTERIAL - ROUND LAKE BOULEVARD NW, ANOKA COUNTY COMMUNITY ACTION PROGRAM ,,' '" ,-) Mr. Carlberg reviewed the variances requested for properties located along Round Lake Boulevard NW which are a result of the proposed r.onstruction of the road. The Anoka County Community Action Program is ,:] CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE June 8, 1993 AGENDA ITEM 4. Public Hearing: Lot split - 135xx Poppy st. NW - ACCAP ORIGINATING DEPARTMENT Planning ~ David L. carlbe~ BY: Ci ty Planner APPROVED FOR AGENDA BY: Request The Andover Planning and Zoning Commission is asked to review the lot split request of the Anoka County Community Action Program (ACCAP) to subdivide a parcel into two parcels pursuant to Ordinance No. 40. The property is located at l35xx Poppy street NW. The property is legally described on the attached resolution. The property is zoned R-4, Single Family Urban. Applicable Ordinances Ordinance No. 40 regulates the division of lots. A lot split is defined as any division of a lot, parcel or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district. !' '- Ordinance No.8, Section 6.02 establishes the provisions for minimum lot width, lot depth and lot area in an R-4 zoned district. The minimum requirements in an R-4 district are as follows: Lot width at Front Setback Lot Depth Lot Area Per Dwelling 80 feet 130 feet 11,400 square feet Ordinance No. 10, Section 9.07.10 establishes the minimum area of land dedicated to park and open space. For all subdivisions by metes and bounds description the subdivider or developer may elect to pay, in lieu of the park dedication requirements, the sum of four hundred dollars ($400.00) for each dwelling unit that could be constructed upon the proposed subdivided property. In the event the developer elects to pay said four hundred dollar ($400.00) charge, the City may collect additional park fees if the developer re-subdivides the property in the future. Review The purpose of the lot split is to create two lots for the relocation of single family homes onto the parcels. ~_ The proposed lots exceed the minimum district requirements of the R-4, Single Family Urban District. u page Two Lot Split - ACCAP 135xx Poppy street June 8, 1993 NW Commission Options 1. The Planning and zoning Commission may recommend approval of the lot split requested by ACCAP located at 135xx Poppy street NW, legally described on the attached resolution. The Commission finds the request is consistent with the intent of the Comprehensive Plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover. 2. The Planning and Zoning Commission may recommend denial of the lot split requested by ACCAP located at 135xx Poppy street NW, legally described on the attached resolution. The Commission finds the request does not meet the requirements of Ordinance No. 40~ In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. ~ Staff Recommendation Staff recommends approval of the lot split requested by ACCAP located at l35xx Poppy street NW, legally described on the attached resolution with the following conditions: 1. The applicant pay park dedication fees pursuant to Ordinance No. 10, Section 9.07.10. 2. The lot split shall be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Note: The Commission may wish to consider recommending the waiving of the park dedication fees. o ; :J~ :,r- '~' 1.4 . K -t; v/f.:.-1 . -rUi -Gl-;-E~ ; . 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(612) 755-5100 property Address LOT SPLIT REQUEST FORM / :=3 X,y X HfP~ Si,.lj2;!- )/LcJ Legal Description of property: (Fill in whichever is appropriate): Lot Block Addition PIN '32- ~2 -24-1'2.-o6{. 4- (If metes and bounds, attach the complete legal description.) Is the property: Abstract or Torrens ? (This information must be provided and can be obtained from the County.) --------------------------------------------------------------------- () Current zoning /Z-4- --------------------------------------------------------------------- Name of Applicant fl C C-1f ~, Address /;],:,( S:-7^ ~ .Nt: <<-vI-< 51<"- /)/.-I.-.e/ /'I-e.- Home Phone '7 fG ~ 1'77 -; Business phone ~ '? s- </7;/(.) ~~ / Or 'N? '"\ d "",....~ signature Ii L'7~ f"Vl~)7'--" i { ......1............. c;f Date ':-y 7 -( / '7 ) ___________2_________:____________~~~:__:_~_____------------------- Property Owner (Fee Owner) (If different from above) AN" ~1-- , /- ~.., ~ Address (~ Home phone Business Phone Signature Date --------------------------------------------------------------------- " CJ LOT SPLIT PAGE 2 Attach a scaled drawing of the proposed split of the property showing: scale and North arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent street names; location and use of existing structures within 100 feet. " The date the property became a lot of record, the names and addresses of all property owners within 350 feet of the property proposed to be split, and the complete legal description of the subject property must also be provided, I hereby certify that this property has not been subdivided within the last three years. Lot split Fee: $100.00 Recording Fee: $ 20.00 ~r r ~eceiPt , Date o Park Dedication: Date Paid Receipt j1: Rev. 5-06-93:d'A Res. 179-91 (11-05-91) ~~ ':J :J '\ ',j (... C/J \1'\ \: ~~';~" CITY of ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, June 8, 1993 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Lot Split request of the Anoka County Community Action Program (ACCAP) to split a parcel into two parcels pursuant to Ordinance No. 40 on the property located at l3xxx Poppy Street NW (PIN 32-32-24-42-0064), legally described as follows: That part of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota lying East of Poppy Street and lying South of the Northerly right-of-way line and its easterly extension of 136th Avenue NW; Except the South 400.85 feet thereof; Also Except Roads; Subject to Easements of record. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. LLU Victoria Volk, City Clerk Publication dates: May 28, 1993 June 4, 1993 Q 32 32 24 42 0004 Mike Courts 4820 Sugarbush Trail N Nisswa, MN 56468 r,,32 24 42 0037 L..... /& Strassburg 3422 - 136th Lane NW Andover, MN. 55304 32 32 24 42 0040 EJ & Patty Graham 13606 Poppy st NW Andover, MN. 55304 32 32 24 42 0047 Gary Hebzynski 3420 - 136th Ave NW Andover, MN 55304 32 32 24 42 0050 Jason Schutz 13566 Poppy st NW Andover, MN 55304 32 32 24 42 0058 {' "aId Domino :,-.12 - 135th Lane NW Andover, MN 55304 32 32 24 43 0015 City of Andover 32 32 24 41 0006 JB Hanson 13622 Orchid st NW Andover, MN 55304 32 32 24 41 0009 Randy Bell 13574 Orchid Ct NW Andover, MN 55304 32 32 24 41 0013 Mike Foschi J~558 Orchid Circle NW ~ )over, MN 55304 32 32 24 41 0027 Don Quiram 13679 Orchid st NW Andover. MN 55304 32 32 24 42 0005 Robert Robertson 3001 Metro Drive Suite 400 Bloomington, MN 55425 32 32 24 42 0038 Lauren Fechner 3412 - l36th Lane NW Andover, MN 55304 32 32 24 42 0041 Dave Johnson 3413 - l36th Ave NW Andover, MN 55304 32 32 24 42 0048 Jeff Babb 3412 - l36th Ave NW Andover, MN 55304 32 32 24 42 0051 Larry Wines 3409 - l35th Lane NW Andover, MN 55304 32 32 24 42 0059 Ken Evans 13542 Poppy St NW Andover, MN 55304 32 32 24 41 0003 Larry Carlson 830 W Main st Anoka, MN 55303 32 32 24 41 0007 Eric Stevens 13614 Orchid St NW Andover, MN 55304 32 32 24 41 0010 Scott Schreiner 13570 Orchid Circle NW Andover, MN 55304 32 32 24 41 0025 Ross Redmann 13553 Orchid St NW Andover, mN 55304 32 32 24 41 0028 Richard Theisen 13589 Orchid st NW Andover, MN 55304 32 32 24 42 0006 Bob & Ruth Anderson 15004 NE 186th St Holt, MO 64048 32 32 24 42 0039 Gary Stoll 13614 Poppy St NW Andover, MN. 55304 32 32 24 42 0042 Greg Hinton 3423 - l36th Ave NW Andover, MN 55304 32 32 24 42 0049 Sigurd Haugan 13586 Poppy st NW Andover, MN 55304 32 32 24 42 0052 Doug Richards 3423 - 135th Lane NW Andover, MN 55304 32 32 24 42 0063 Triple S Investments 2300 Pilot Knob Rd Mendota Heights, MN 55l2( 32 32 24 41 0005 Richard Keller 13630 Orchid st NW Andover, MN 55304 32 32 24 41 0008 Dick Honerbrink 13606 Orchid St NW Andover, MN 55304 32 32 24 41 0011 Sheila Decker 13566 Orchid Circle NW Andover, MN 55304 32 32 24 41 0026 John Dow 13567 Orchid st NW Andover, MN 55304 32 32 24 41 0029 Dan Biro 13601 Orchid St NW Andover, MN 55304 32 32 24 41 0030 Matt Wiczek 13613 Orchid St NW Andover, MN 55304 r....32 24 41 0055 J"-,,,r Parks 13538 Orchid ct NW Andover, MN 55304 (J File Name: LotSplit ACCAP " '\ ,--) 32 32 24 41 0053 Phillip Prince 13548 Orchid Cir NW Andover, MN 55304 32 32 24 41 0056 Dave Behrens 13532 Orchid Circle NW Andover, MN 55304 32 32 24 41 0054 Guy Dufault 13542 Orchid Ct NW Andover, MN 55304 32 32 24 41 0003 Richard Mulek 13562 Orchid Circle NW Andover, MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA Discussion Items ~ BY: ITEM t\O. Relocating Structures 135xx Poppy street NW Anoka Co. Community Action Program David L. Carlberg, City Planner ~ REQUEST ~) The Planning and zoning Commission at its regular meeting on June 8, 1993, reviewed the request of the Anoka County Community Action Program to relocate two single family homes from Round Lake Boulevard to the property located at 135xx Poppy street NW. Ordinance No.8, Section 4.11, requires the Planning and zoning Commission to report to the City Council whether the structures are compatible with other developments in the area and conform to all City Ordinances prior to being moved onto the lot(s). Please consult the attached staff report dated June 8, 1993 and the minutes from the Planning and zoning Commission meeting for further information. RECOMMENDATION The Planning and zoning Commission recommends approval of the relocation request. MOTION BY: / ) \'.. TO: Andover Planning and Zoning Commission Minutes - June 8, 1993 o Page 3 (Public Hearing: Lot Split, 135xx Poppy Street, ACCAP, Continued) case the City would be waiving the fee for the county, a larger governmental body; but since the ultimate use is for residential, he felt the $400 per lot would not be that much and should be applied. He again suggested a policy be established for the future. After further discussion, the Commission agreed to recommend the park fees be required but recognized that the City Council has the authority to waive them. MOTION by Peek, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, I-Absent (McMullen) vote. MOTION by Peek, Seconded by Squires, that the Andover Planning and Zoning Commission forward to the City Council with the recommendation for approval the Resolution contained as exhibited in the packet for lot split request by the Anoka County Community Action Program to create two lots for placement of two relocated single family homes, parcels located at I35xx Poppy Street NW. Motion carried on a 6-Yes, I-Absent (McMullen) vote. This item will be placed on the July 6, 1993, City Council agenda. 8:00 p.m. DISCUSSION _ RELOCATING STRUCTURES, 135XX POppy STREET NW, ANOKA COUNTY COMMUNITY ACTION PROGRAM o Mr. carlberg had photographs of the homes to be relocated from Round Lake 30ulevard to the parcels to be created on Poppy Street (See previous item). The blue home is to be located on the southern parcel, and the yellow house will be relocated on the northern one-half of the lot split. Both will have detached garages, and they seem to be compatible with the neighboring area. The Building Department will inspect the structures to be sure they meet code. Steve Kline, ACCAP - stated any upgrading on the outside of the homes ~ill be a function of the budget. They will have basements as approved by the Building Department. Mr. Almgren stated the homes are compatible, built within the same year as the surrounding homes. According to State law, they 10 not have to do anything to the homes outside of making them struc~urally sound. Commissioner Jovanovich stated she lives in that neighborhood and felt the homes would be an asset to that area. MOTION by Apel, Seconded by Jovanovich, that the P & Z recommend to the City Council that these structures certainly appear to be compatible with the area and we would recommend that they be allowed to move into ~hat area. Motion carried on a 6-Yes, I-Absent (MCMUllen) vote. VARIANCES: LOT WIDTH, AREA REQUIREMENT AND SIDEYARD SETBACK FROM A MAJOR ARTERIAL - ROUND LAKE BOULEVARD NW, ANOKA COUNTY COMMUNITY ACTION PROGRAM ,'\ 'v Mr. Carlberg reviewed the variances requested for properties located along Round Lake Boulevard NW which are a result of the proposed construction of the road. The Anoka County Community Action p~ogram is o CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION DATE June 8, 1993 AGENDA ITEM ORIGINATING DEPARTMENT 5. Discussion - Relocating Structures 135xx Poppy Street NW ACCAP Planning APPROVED FOR AGENDA 1;: BY: C-.....- David L. Carlberg BY: City Planner REQUEST The Andover Planning and Zoning Commission is asked to review and discuss the request of the Anoka County Community Action Program (ACCAP) to relocate two single family homes from along Round Lake Boulevard to 135xx Poppy Street NW. The relocation is contingent upon the City approving the splitting of the property. The properties being discussed are zoned R-4, Single Family Urban. APPLICABLE ORDINANCES Ordinance No.8, Section 4.11, Relocating Structures, requires all relocated buildings to comply with all Ordinances regulating the moving of buildings over streets and alleys in to City. ( ~ Section 4.11 also requires the Planning Commission to report to the City Council whether the structure(s) will be compatible with other developments in the area and conform to all Andover City codes and Ordinances prior to being moved onto the vacant lot. If the Council concurs with the decision of the Planning and zoning Commission that a structure would depreciate the area into which it is moved, the Council may withhold the issuance of a permit for such relocation. Ordinance No.4, regulates the moving of buildings over streets and alleys, and establishes permit procedures and regulations. Ordinance No.8, Section requirements for an R-4, The minimum requirements 6.02, establishes the minimum lot Single Family Urban zoned lot. are as follows: Lot Area Lot Width Lot Depth 11,400 square feet 80 feet (interior lots) 130 feet General Review The Anoka County Community Action Program will be presenting pictures at the meeting of the buildings that are to be moved onto the vacant parcels, the vacant parcels themselves and the adjacent parcels and structures. / ~ The Commission must make a recommendation to the Council on whether the structures should be relocated. i0. TOWNSHIP OF GROW COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 4 " REGULATING THE MOVING OF BUILDINGS OVER STREETS AND ALLEYS IN THE TOWNSHIP AND PROVIDING FOR PROTECTION TO THE TOWNSHIP FROM DAMAGES ARISING OUT OF SUCH OPERATIONS. SECTION I. Definitions. 1.01 For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. A. "Building" is a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property and used for residential, business, mercantile, storage, commercial, industrial or recreational purposes. A structure of less than one hundred (100 s.f.) square feet floor area shall not fall within this definition. B. "Building Inspector" is the Building Inspector of the Township of Grow. C. "Township" is the Township of Grow. 10 D. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. SECTION II. Permit Required. 2.01 No person shall move any building over, along or across any highway, street or alley in the Township without first obtaining a permit from the Building Inspector. SECTION III. Application. 3.01 A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector. A. Form. The application shall be made in writing, upon forms provided by the Building Inspector, and shall be filed in the office of the Building Inspector and shall contain such information as the Building Inspector shall find necessary to a determination of whether a permit should be issued. B. Accompanying Papers. (lJ_ Tax Certificate. The owner of the building to be moved shall file with the application sufficient evidence that all real estate taxes and special assessments against the building and lot from which it is to be moved are paid in full. () Page 2 " (2) Certificate of Ownership or Entitlement. The applicant, if other than the owner, shall file with the application sufficient written evidence that he is entitled to move the building. (3) Consent of Public utility Company. The applicant shall file with the application prior to issuance of permit, written evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the company. C. Fee. The application shall be accompanied by a permit-rei determined according to the following schedule: 8 ;.) Square Footage of Building Up to 350 square feet 351 square feet to 600 square feet 601 square feet to 824 square feet 825 square feet and over SECTION IV. Security Requirements. 4.01 Cash De~osit. Application hereunder shall be accompanied by a cash deposlt in the sum of five hundred ($500.00) dollars as an indemnity for any damage which the Township may sustain be reason of damage or injury to any highway, street, or alley, sidewalk, fire hydrant or other property of the Township, which may be caused by or be incidental to the removal of any building over, along or across any street in the Township, and for any expense incurred by the Township under subdivision 7.02 of Section 7. Amount $ 15.00 25.00 50.00 75.00 4.02 Bond. Any person filling an application hereunder shall file w~ the Township Clerk a bond, approved as to form by the Township Attorney, executed by a corporate surety company authorized to do business in the State of Minnesota in the amount of five thousand ($5,000.00) dollars conditioned uoon the compliance by the applicant with this and other applicable ordinances and laws, and payments to the Township of all fees, fines and penalties required by said ordinances. ," U 4.03 Insurance. Any person filing an application shall also file with the Township Clerk a liability insurance policy or certificate of such insurance, issued by an insurance company authorized to do business in the State of Minnesota, and approved as to form by the Township Attorney. The policy shall insure the applicant, and the Township as an insured, in the sum of at least $100,000 for injury to one (1) person, and $300,000 for one (1) accident, and at least $25,000 property damage, and the policy shall be kept in effect until after the building has been moved. SECTION V. Duties of the Building Inspector. 5.01 Inspection. The Building Inspector shall inspect the building and the applicant's equipment to determine whether the following standards for issuance of a permit are met. Page 3 o 5.02 Standards for Issuance. The Building Inspector shall refuse to ~ssue a perm~t ~f he finds: A. That any application requirement or any fee or deposit ban or insurance requirement has not been complied with; B. That the building is too large to move without endangering person or property in the Township; C. That the building is in such a deterioration or disrepair or is otherwise so unsafe that it could not be moved without persons and property in the Township; D. That the building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the Township; state of structurally endangering E. That the applicant's equipment is unsafe and that persons and property would be endangered by its use; F. That zoning, building code or other ordinances would be violated by the building in its new location; G. That for any other reason Township would be endangered building. persons or property in the by the moving of the o 5.03 Fees and Deposits. A. Return Upon Non-Issuance. Upon his refusal to issue a perm~t, the Bu~ld~ng Inspector shall direct the Township Clerk to return to the applicant all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned. C) B. After the building as een remove, t e Bu~ ~ng Inspector shall furnish the Township Clerk with a written statement of all expenses incurred and of all damage caused or inflicted upon property belonging to the Township by reason for the removal. The Township Clerk shall return to the applicant all deposits after deducting a sum sufficient to pay for all the costs and expenses and for all damage done to property of the Township. Permit fees deposited with the application shall not be returned. 5.04 Designate Streets for Removal. The Building Inspector shall procure from the Townsh~p Councilor its designated representatives a list of designated streets over which the building shall be moved, The Building Inspector shall reproduce the list upon the permit in writing. Determination as to designated streets shall be made to assure maximum safety to persons and property in the Township and to minimize congestion and hazards on public streets. Page 4 o 5.05 Tests by Township Engineer. In those cases in which the Building Inspector lS doubtful about soil conditions or water tables, he is hereby authorized and instructed to arrange for tests by the Township Engineer and any cost thereof shall be born by the property owner. " SECTION VI. DUTIES OF PERKITTEE. 6.01 Every permittee under this Ordinance shall: A. Use Designated Streets. Move a building only over streets designated for such use in the written permit. B. Notifv Inspector In and hours as of Revised Moving Time. Notify writing of a deslred change in proposed in the application. the Building moving date " \ '-) C. Notify of Damage. Notify the Building Inspector in writing of any and all damages done to property belonging to the Township or any public utility within twenty-four (24) hours after damage or injury has occurred. D. Display Lights. Cause red lights to be displayed during the nlght tlme on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building. warning lights with open flame shall not be used. E. street Occupancy Period. the Townshlp streets after two unless an extension is granted Remove the building from (2) days of such occupancy, by the Township Clerk. ~.) F. Comply with Governing Law. Comply with the Building Code, and zonlng Ordinance and other applicable ordinances and laws upon relocating the building in the Township. G. Pay Expenses of Officer. Pay the expense of a traffic officer ordered by the Township Clerk to accompany the movement of the building to protect the public from injury. H. Clear Old premises. Remove all rubbish and materials and flll all excavations to existing grade at the original building site if within the Township so that the premises are left in a safe and sanitary condition. I. Remove Service Connection. The Permittee shall notify gas and electrlc serVlce companies to remove their services from the premises and shall remove and disconnect all other utility connections. In the event that the property is served by sanitary sewer, the Permittee shall plug the sewer line with a concrete stopper. J. Completion of Remodelin~. Complete promptly, and within nInety (90) days atter removal, all remodeling, , ) ~ / , \J ~ , ~) Page 5 additions or repairs as shown on the plans accompanying the application. SECTION VII. Liability of Permittee to Township. De osit. The permittee or costs in excess of 7.02 original premises Left Unsafe. If the original building site is wlthln the Township, the Township shall proceed to do the work necessary to leaving the original premises in a safe and sanitary condition, where Permittee does not comply with the requirements of this ordinance, and the cost thereof shall be charged against the cash deposit. SECTION VIII. Penalty. 8.01 Any person, firm or corporation violating this ordinance shall be guilty of a misdemeanor and shall be punishable by a $100.00 fine or ninety (90) days imprisonment. This Ordinance shall be in full force and effect after its passage and publication. Adopted by the Township Council this 3rd day of December, 1968. /s/ Louis Accleby LOU1S Appleby, Chairman " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ,July 6. lqq1 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED" FOR AGENDA Discussion Items ~ BY: ITEM t\O. Variance Setbacks, Lot Width And Area Requirements Round Lake Boulevard NW ACCAP Planning .5: David L. Carlberg City Planner REQUEST The City Council is requested to review numerous variance requests by the Anoka County County Community Action Program in the area adjacent to and east of Round Lake Boulevard NW. Variances include: lot width, lot area and setback from a major arterial. The applicant is requesting the variances to allow for the construction of single family homes on all but one property requested. The other property has an existing home on the premises. () BACKGROUND For background information on the request, please consult the attached staff report presented to the Planning and Zoning Commission and the minutes from their June 8, 1993 meeting. PLANNING AND ZONING RECOMMENDATION The Planning and Zoning Commission, at their June 8, 1993 meeting made the motion to approve the variances. Attached are resolutions prepared for each parcel or lot needing a variance. ( \ I I I MOTION BY: , / ) TO: I' \.. j! 1:i :J () I I di 1i " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE VARIANCE REQUEST OF THE ~NOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO ORDINANCE NO. 8~ SECTION 6.02 WHICH REQUIRES A LOT AREA OF 11,400 SQUARE FEET AND TO ORDINANCE NO. 10, SECTION 9.06Al WHICH REQUIRES CORNER LOTS TO BE A MINIMUM OF NINETY (90') FEET WIDE TO ALLOW FOR THE CONSTRUCTION OF A HOME ON THE PROPERTY LOCATED AT 13611 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 10, BLOCK 1, CHAPMAN'S 2ND ADDITION. WHEREAS, the Anoka County Community Action Program (ACCAP) has requested variances to Ordinance No.8, Section 6.02 which requires a lot area of 11,400 square feet, and to Ordinance No. 10, Section 9.06A1 which requires corner lots to be a minimum of ninety (90') feet wide to allow for the construction of a home on the property located at 13611 Round Lake Boulevard NW, Legally described as Lot 10, Block 1, CHAPMAN'S 2ND ADDITION; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of a 150 square foot variance to the area requirement and a 15 foot variance from the width requirement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves the variances requested by the Anoka County Community Action Program with the following conditions: 1. That the property owner and builder work closely with City Staff to provide berming along Round Lake Boulevard NW. Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk " o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE VARIANCE REQUEST OF THE ANOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A LOT AREA OF 11,400 SQUARE FEET AND TO ORDINANCE NO. 10, SECTION 9.06Al WHICH REQUIRES CORNER LOTS TO BE A MINIMUM OF NINETY (90') FEET WIDE TO ALLOW FOR THE CONSTRUCTION OF A HOME ON THE PROPERTY LOCATED AT 13547 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, CHAPMAN'S ADDITION. WHEREAS, the Anoka County Community Action Program (ACCAP) has requested variances to Ordinance No.8, Section 6.02 which requires a lot area of 11,400 square feet, and to Ordinance No. 10, Section 9.06A1 which requires corner lots to be a minimum of ninety (90') feet wide to allow for the construction of a home on the property located at 13547 Round Lake Boulevard NW, Legally described as Lot 1, Block 1, CHAPMAN'S ADDITION; and o WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of a 225 square foot variance to the area requirement and a 15 foot variance from the width requirement. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Andover hereby approves the variances requested by the Anoka County Community Action Program with the following condi tions: 1. That the property owner and builder work closely with City Staff to provide berming along Round Lake Boulevard NW. Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk () " o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE VARIANCE REQUEST OF THE ANOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A FORTY (40') FOOT SETBACK FROM A MAJOR ARTERIAL AND A LOT AREA OF 11,400 SQUARE FEET, AND TO ORDINANCE NO. 10, SECTION 9.06Al WHICH REQUIRES CORNER LOTS TO BE A MINIMUM OF NINETY (90') FEET WIDE TO ALLOW FOR THE CONSTRUCTION OF A HOME ON THE PROPERTY LOCATED AT 3541 135TH LANE NW, LEGALLY DESCRIBED AS LOT 10, BLOCK 1, CHAPMAN'S ADDITION. WHEREAS, the Anoka County Community Action Program (ACCAP) has requested variances to Ordinance No.8, Section 6.02 which requires a forty foot (40') setback from a major arterial and a lot area of 11,400 square feet, and to Ordinance No. 10, Section 9.06Al which requires corner lots to be a minimum of ninety (90') feet wide to allow for the construction of a home on the property located at 3541 135th Lane NW, Legally described as Lot 10, Block 1, CHAPMAN'S ADDITION.; and o WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of a 19' variance to the lot width requirement, a 525 s.f. variance to the area requirement and a 3' variance to the setback from a major arterial requirement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves the variances requested by the Anoka County Community Action Program with the following conditions: 1. That the property owner and builder work closely with City Staff to provide berming along Round Lake Boulevard NW. Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor I I (f~ ., , Victoria volk, City Clerk () 1i " u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTIO~ APPROVING THE VARIANCE REQUEST OF THE ANOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A FORTY (40') FOOT SETBACK FROM A MAJOR ARTERIAL AND A LOT AREA OF 11,400 SQUARE FEET, AND TO ORDINANCE NO. 10, SECTION 9.06A1 WHICH REQUIRES CORNER LOTS TO BE A MINIMUM OF ONE HUNDRED (100') FEET WIDE WHEN NOT A BACK TO BACK LOT TO ALLOW FOR THE CONSTRUCTION OF A HOME ON THE PROPERTY LOCATED AT 13433 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 2, CHAPMAN'S ADDITION. WHEREAS, the Anoka County Community Action Program (ACCAP) has requested variances to Ordinance No.8, Section 6.02 which requires a forty foot (40') setback from a major arterial and a lot width of 11,400 square feet, and to Ordinance No. 10, Section 9.06A1 which requires corner lots to be a minimum of one hundred (100') feet wide when not a back to back lot to allow for the construction of a home on the property located at 13433 Round Lake Boulevard NW, Legally described as Lot 1, Block 2, CHAPMAN'S ADDITION; and CJ WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of a 30' variance to the lot width requirement, a 1,212 s.f. variance to the area requirement and a 4' variance to the setback from a major arterial requirement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves the variances requested by the Anoka County Community Action Program with the following conditions: 1. That the property owner and builder work closely with City Staff to provide berming along Round Lake Boulevard NW. Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVf=R ATTEST: J. E. MCKelVer ., Mayor u Victoria Volk, city Clerk li " u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R " A RESOLUTION APPROVING THE VARIANCE REQUEST OF THE ANOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A FORTY (40') FOOT SETBACK FROM A MAJOR ARTERIAL AND TO ORDINANCE NO. 10, SECTION 9.06A1 WHICH REQUIRES CORNER LOTS TO BE A MINIMUM OF ONE HUNDRED (100') FEET WIDE IF NOT A BACK TO BACK LOT ON THE PROPERTY LOCATED AT 3559 134TH AVENUE NW, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, WEISE'S ADDITION. WHEREAS, the Anoka County Community Action Program (ACCAP) has requested variances to Ordinance No.8, Section 6.02 which requires a forty foot (40') setback from a major arterial and to Ordinance No. 10, Section 9.06A1 which requires corner lots to be a minimum of one hundred (100') feet wide when not a back to back lot on the property located at 3559 134th Avenue NW, Legally described as Lot 2, Block 1, Weise's Addition; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and ~~ WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of a 47' variance to the lot width requirement and a 23.83' variance to the setback from a major arterial requirement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves the variances requested by the Anoka County Community Action Program with the following conditions: 1. That the property owner and builder work closely with City Staff to provide berming along Round Lake Boulevard NW. Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor I Victoria Volk, City Clerk I j (I~ I ! '\ V 1i " Andover Planning and Zoning Commission Minutes - June 8, 1993 Page 3 I~~ (Public Hearing: Lot Split, 135xx Poppy Street, ACCAP, Continued) case the City would be waiving the fee for the county, a larger governmental body; but since the ultimate use is for residential, he felt the $400 per lot would not be that much and should be applied. He again suggested a policy be established for the future. After further discussion, the Commission agreed to recommend the park fees be required but recognized that the City Council has the authority to waive them. MOTION by Peek, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, l-Absent (McMullen) vote. MOTION by Peek, Seconded by Squires, that the Andover Planning and Zoning Commission forward to the City Council with the recommendation for approval the Resolution contained as exhibited in the packet for lot split request by the Anoka County Community Action Program to create two lots for placement of two relocated single family homes, parcels located at 135xx Poppy Street NW. Motion carried on a 6-Yes, I-Absent (McMullen) vote. This item will be placed on the July 6, 1993, City Council agenda. 8:00 p.m. DISCUSSION - RELOCATING STRUCTURES, 135XX POPPY STREET NW, ANOKA COUNTY COMMUNITY ACTION PROGRAM ,~\ \. J -/ Mr. Carlberg had photographs of the homes to be relocated from Round Lake 30ulevard to the parcels to be created on Poppy Street (See previous item). The blue home is to be located on the southern parcel, and the yellow house will be relocated on the northern one-half of the lot aplit. Both will have detached garages, and they seem to be compatible with the neighboring area. The Building Department will inspect the structures to be sure they meet code. Steve Kline, ACCAP - stated any upgrading on the outside of the homes will be a function of the budget. They will have basements as approved by the Building Department. Mr. Almgren stated the homes are compatible, built within the same year as the surrounding homes. According to State law, they 10 not have to do anything to the homes outside of making them struc~urally sound. Commissioner Jovanovich stated she lives in that neighborhood and felt the homes would be an asset to that area. MOTION by Apel, Seconded by Jo~anovich, that the P & Z recommend to the City Council that these structures certainly appear to be compatible with the area and we would recommend that they be allowed to move into I that area. Motion carried on a 6-Yes, l-Absent (McMullen) vote. I (1),' VARIANCES: LOT WIDTH, AREA rQUIREMENT AND SIDEYARD SETBACK FROM A MAJOR ARTERIAL - ROUND LAKE BO tEVARD NW, ANOKA COUNTY COMMUNITY ACTION ! -'. PROGRAM /' '~_)I Mr. Carlberg reviewed the va,r..'..ances requested for properties located along Round Lake Boulevard which are a result of the proposed construction of the road. The'Anoka County Community Action Program is tl u '0 r -" ~~) " Andover Planning and Zoning Commission Minutes - June 8, 1993 Page 4 (Variances: Round Lake Boulevard, ACCAP, Continued) interested in purchasing a number of these properties and applying for necessary variances where the houses are to remain and also where the houses will be removed. ACCAP will be constructing new homes on those lots where the existing home has been or will be removed. " Steve Kline, ACCAP - explained the houses to be constructed on vacant lots will be end-loading ramblers with driveways from the side streets. The first house will access from l36th Avenue into the 24-foot attached garage. Commissioner Apel pointed out if the variances are granted, a new home can be constructed on the sites. If they are denied, they parcels will remain as unbuildable lots. He saw no reason for denying the variances. Mr. Carlberg stated for those houses remaining, if the variances are denied, they become nonconforming lots and the homes cannot be replaced if destroyed over 51 percent. Commissioner Squires stateG they are being asked to allow variances to the City ordinances to resolve the problem the county may have created rendering the lot nonconforming. It appears to meet the definition of a hardship as it is a result of something that is not under the control of the property owner. The road will benefit the City and the residents, and the City is now in a position to grant the variances due to the hardship on those affected lots. In discussing the situations further, it was also noted that two of the parcels will require a variance from the 40-foot setback requirement from a major arterial road. Several Commissioners also urged ACCAP to provide some berming along Round Lake Boulevard similar to that on the west side of the street. Mr. Kline - stated he too would like to see some berming along there but felt that is a function of the final layout. They do not intend to place decks on these structures. If decks are put on in the future and variances are needed, it will be the responsibility of the homeowner. Mr. Carlberg stated the Building Department will review the building plans with regard to potential decks per the ordinances. (Commissioner McMullen arrived at this time, 8:25 p.m.) After fur~jer discussion, it was agreed the first four lots on which new homes will be constructed should be granted variances i however, an additional variance for the setback from a major arterial is needed for lots ~541 135th Lane NW and 13433 Round Lake Boulevard NW. Staff felt those variances can be recommended this evening even though it was not listed in the agenda material, as no ordinance is being violated by adding these addi~ional variances. The Commission preferred a violation into the 40-footretback from the major arterial road than from the six- root interior l~t line setback. The Commission again expressed a ?reference for a 'erm along Round Lake Boulevard for both aesthetics and safety, though t'ey recognized that cannot be made a condition of the variances. The~ were also concerned about the similarity of the i~xteriors . " 1.i " Andoller Planning and Zoning Commission Minutes - June 8, 1993 ,',\ Page 5 o (Variances: Round Lake Boulevard, ACCAP, Continued) Mr. Kline - stated they will-be similar in design, but they wi'll vary the exterior with vinyl siding, the color of roof, etc. Mr. Almgren said they comply with the distances for similar style housing. They will have to comply with the surrounding area to make them look compatible. Mr. Kline - stated it is their desire to put in a berm. In some cities they work with the city engineers, providing plans that are reasonable. It is not something they can logistically do themselv~s. Their desire is to enhance the neighborhood, stating the City will be pleased with the end product. They will meet the concerns of the City to the best of their ability. Mr. Carlberg explained the intent is to combine the parcel at 3559 134th Avenue with the lot to the north. If that is done, only variances for setback from a major arterial and lot width will be needed. The homeowner would like to see the variance grantedi as without it, it will be considered a nonconforming structure. () Mr. Kline - stated they will hire a general contractor to improve the build~ng which is to remain. He will be involved with the buyer and financing so the buyer is ready to go. They retain ownership until the house is sold. He thought this would be a two-bedroom home with a potential design for a third bedroom. MOTION by Apel, Seconded by McMullen, proposing that the Planning and Zoning Commission recommend to the City Council the approval of the '/ariances requested by ACCAP on the property located at 13611 Round Lake Boulevard NW, the variances being the lot width of 15 feet variance to the lot width of 75 feet; the lot area of 11,400 varied by 150 square feet to 11,250 square feet. That on this particular property that the builder and owner work closely with the City Staff to provide some sort of berming along the Round Lake Boulevard side of the lot. Motion carried unanimously. ~-) MOTION by McMullen, Seconded by Jovanovich, that the Planning and Zoning Cownission recommends that we approve the variances requested on the lot width at the building setback line and the lot area requirement for 13547 Round Lake Boulevard NW. Lot width being a variance of 15 feet to 75 Feet; the lot area being the variance of 225 square feet to 11,175 squar~ feet. That on this particular property that the builder and own~r work closely with the City Staff to provide some sort of berming alo~g the Round Lake Boulevard side of the lot. Motion carried unanimously. MO~T,ON by Squires, Seconded by Apel, approval of variances proposed for 354 135th Lane NW, variance of 19 feet on the lot width to 71 feet and va ance of 525 square feet to 10,875 square feet on lot area. Also a var~ance on the side yard setback from a major arterial street of 3 feet to f7 feet. That on this particular property that the builder and owner wor closely with the City Staff to provide some sort of berming along ~h~:Round Lake Boulevard side of the lot. Motion carried unanimously. 1.1 " Andove~ Planning and Zoning Commission Minutes - June 8, 1993 Page 6 ',:J (Variances: Round Lake Boulevard, ACCAP, Continued) L\fOTION by Peek, Seconded by Jovanovich, reco~~nd approval of the variances as requested for 13433 Round Lake Boulevard NW, primarily a lot width variance to 70 feet, a variance of 30 feet; lot area from the required 11,400 square feet to 10,188 square feet, a variance of 1212 square feet; and a variance of 4 feet into the 40-foot sideyard setback from a major arterial for a total of 36 feet. That on this particular proper~y that the builder and owner work closely with the City Staff to provide some sort of berming along the Round Lake Boulevard side of the lot. Motion carried unanimously. MOTION by Pease, Seconded by Peek, the Planning and Zoning Commission recommend to the City Council approval of the variances for 3559 l34th Avenue NW; vary the setback for the major arterial of 23.83 feet; a variance of lot width to 53 feet instead of the required 100 feet, which is a variance of 47 feet; and to have consideration for a berm or some kind of sideyard berming protection. Variances on condition that the lot from the north be combined to the one on the south and that building removed. Motion carried unanimously. This item will be placed on the July 6, 1993, City Council agenda. o PUBLIC HEARING: AMEND ORDINANCE REQUIREMENTS - CURB CUT STANDARDS NO. 8, SECTION 8.08, PARKING ~;r. Carlberg provided photos of homes with curb cuts of various widths. The Ci::.y Council has directed the Planning Commission to consider an amendment changing the curb cut width from 24 feet maximum unless approved by the City Engineer to 12 feet per garage to a maximum of 36 feet \.:nless a variance is granted. There have been a number of driveways constructed without City Engineer approval that are larger than 24 feet. At the time the ordinance was approved, it was commonp:ace to have two-car garages. Now three-car garages are common. The concern he has with the wider driveways is the aesthetics with the larger amount of frontage that is utilized for driveway on the smaller lots. Staff is also concerned about having no place to put the snow with so much area taken up as driveways, especially in cul-de-sacs. Mr. Carlbe::-g also questioned how much more water is added to the storm drainage with the additional hard-surfaced driveways. There was a lengthy Commission discussion on possible alternatives. Mr. ~lmgren explained the minimum of 12 feet wide was reached with one-car garages and lot widths of 300 feet. The 24-foot width was required ~ecause the street width was 26 feet and they did not want driveways \lider than the streets. In the last three to four years they have been building three- and four-car garages. He felt the lot size restricts ::.he width of the driveways on cul-de-sacs, so that may not be much of a problem. He also felt that those building the $250,000+ homes should be able to put in the width of driveway they want. o o " CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION AGENDA ITEM DATE ORIGINAlING DEPARTMENT June 8, 1993 6. Variances Yard Setbacks & Lot Area Requirement ACCAP Planning David L. Carlberg BY: Ci ty planner APPROVED FOR AGENDA ~ BY: ~ REQUEST The Andover Planning and zoning Commission is asked to review and discuss a number of variances requested for properties located along Round Lake Boulevard NW. The variances are the result of the proposed reconstruction of Round Lake Boulevard located south of Bunker Lake Boulevard NW. The Anoka County Community Action program is interested in purchasing a number of these properties and applying for the necessary variances where the houses are to remain and also where the houses will be removed. ACCAP will be constructing new homes on those lots where the existing home has been or will be removed. All the properties being discussed are zoned R-4, Single Family Urban. ,~ ~ APPLICABLE ORDINANCES Ordinance No.8, Section 6.02, establishes the m1n1mum lot requirements for an R-4, Single Family Urban zoned lot. Section 6.02 has been included with your packet materials. Please consult the attached chart noting the R-4 District. Ordinance No.8, Section 5.04, establishes the variance procedure and process. Variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of the zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. Ordinance No. 10, Section 9.06A1, requires corner lots to be 100 feet wide at the building setback line unless the lot is a back to back lot. Back to back corner lots are required to be a minimum of 90 feet wide at the building setback line. , BACKGROUND & REVIEW To review the numerous variance requests, each property will be examined individually. 1/ I ,,- "- o ..- "\ U () " Page Two Variances - Round Lake Boulevard ACCAP June 8, 1993 13611 Round Lake Boulevard NW Building(s) to be removed and a new home constructed. Variances Requested: Lot width at the building setback line and lot area requirement. Lot width - 75 feet (90 feet required) Variance of 15' requested. Lot Area - 11,250 s.f. (11,400 s.f required) Variance of 150 s.f. 13547 Round Lake Boulevard NW Building(s) to be removed and a new home constructed. Variances Requested: Lot width at the building setback line and lot area requirement. Lot width - 75 feet (90 feet required) Variance of 15' requested. Lot Area - 11,175 s.f. (11,400 s.f required) variance of 225 s.f. 3541 135th Lane NW Building(s) to be removed and a new home constructed. Variances Requested: Lot width at the building setback line and lot area requirement. Lot Width - 71 feet (90 feet required) Variance of 19' requested. Lot Area - 10,875 s.f. (11,400 s.f required) Variance of 525 s.f. 13433 Round Lake Boulevard NW Building(s) to be removed and a new home constructed. Variances Requested: Lot width at the building setback line and lot area requirement. Lot width - 70 feet (100 feet required) Variance of 30' requested. . Lot Area - 10,188 s.f. (11,400 s.f required) s. f. Variance of 1212 I I / II~ I !; 1i o o o " Page Three Variances - Round Lake Boulevard NW ACCAP June 8, 1993 3559 134th Avenue NW " Building to remain. Variances Requested: Setback from major arterial and lot width at building setback line. Setback Major Arterial - 16.17 feet (40 feet required) Variance of 23.83 feet. Lot width - 53 feet (100 feet required) Variance of 47' requested. Note: A variance to the lot area requirement is not needed if the lot to the north of this parcel is combined. The lot area requirement is 8,550 s.f. COMMISSION OPTIONS The Commission can recommend to the City Council approval or denial of some or all of the variances requested. The Commission may also table the item pending further information from Staff or the applicant. If the Commission chooses to approve the variances, the Commission should include in the motion that the requests meet the criteria in Ordinance No.8, Section 5.04. 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(__ I :::J:!- ~ 1- - - t- I' . - - I t '- 7 <;Q"I " - () " o 8 ,," " C}\ CITY of ANDOVER Property Address VARIANCE I s IS) I REQUEST FORM r< ~/ ('1-4 f))~~' Legal Description of Property: (fill in whichever is appropriate): Lot / Addition Block .:2.. c.. l\.-.+ ,'V I / )'f '-' .s' , eM /!-/)/), Plat Parcel PIN (If metes and bounds, attach the complete legal) --------------------------------------------------------------------- Description of Request W \ ~\+t\-. 4/So v~~ to+- ~~ ~ ~.jh Zf-r -it, /!r ('/'yIA -A \ C-\- , /J!1Jt!7Y- ,(Iv/c.uJ- Specific Hardship J( -t),-0 &/~~ /kAd~ a/t1 ~ ,0 d~ Section of Ordinance -5:/J If 4.07 Current zoning)? - 4- / --------------------------------------------------------------------- Name of Applicant ~~~~ Address /201 (39/i.- J1vL lYE:. / l?Jd;'A_L MlV 5-.r1-34 Home Phone Business Phone -"/Q ,5''- zJ-747 ~~~::~:::---~---~~~-J:~~----_______::~:__:=~!:~~_~_~_::___ Property Owner (fee Owner) (If different from above) . Address h ,I h Home Pone Buslness Pone / ~~~::~:::_-------------------------~~--------_::~:------------------- .: ., 1.i II~_) ---, -: I 0 i ill i ~ I i \ i \ I ; j- - -\-, " I JotJ -;l ~ , 1'-'-1 II I II I II ) 1)/ ~~I I I I I I t5 I z t: I ~ ! I o A I 3:/1 I I I d I 'I :1 I, W II (.' I -: I G:j II w.... 01 ~ II 9 !1 61i 5! .~ /1 -------e---.;-i .' " , , ,-J '...---..'.-,..-..---...... -.....-- "70' 93.97' \1- ~,~. 14t1 \0, ~ ;~ I I~~ -1. 1 I 1\2;;; L- 31,59' I _. w \ 8 l' 1 . - " f".. " f< ( \ ( I I I I I I , ~ I .1 -'-"'- - I 0 ,0 13\62 >1 I I I (i 1 i I l \ \ \ \ ( : ';;,1 I I I . ~ I v L I ~! 13421 66.26' + I I "- jl I I 5' ' I II II, I ~ I ~ ~ l' ~21 :, L:fll~ I r', 16'.17 I I i I 1 38.21'1 i I i _ __ ' -- " '-- I~ 8004 7' I I I I _ -,- L___ ( . 'I " H I C_(_~"' L '!v\ . r\J -.:l \ V " '_ - --I 4-S' 1- - - o l.D ~ N ..,.: i I I II I! 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A?ltf/Jr.L fi11t1 s:~4 .'54-- ./ ' Address /20/ Home Phone Signature Date -s-- -::2-7-( 99 f Pro~erty Owner (Fee Owner) (If,different from above) Address I Home PhoAe Business Phone , I ~~~::~~:t-------------------------------------~:~:------------------- , ! 1.i 118-~ I I ~ ! i I , I I " '-- \ ) ,jr\ \J '_J _'0 ~ 6 I ~ V : I I I 1 I I I I , "'- ~ \ I :./1 I I I I , w' c' L W w.. l'-r- d II w.' If! I u I I Zl W I ,I u..' _ 01 L r W II 8/1 _____ 511 - II ~--";i ~ .' ..,;:.. I ! I( '.~ 1:i --- -----..----- -- ,," f" r/ ( \ " ( I I , I I , ~ , I / .1 80,47' I L . ^ . t, J '-' I \ I \ j!\ 'V " , !f - -- i- -- I 93.97' J I I /31.59' o (!) ~ <'l .- ~ I 0 13162' g, , :;> I I I I I , __-1 Hi ~ZL I I , I v.~ I 66.26' J , i , ~ I I 1 ~1 ") .)....... 1 I , \ \. , I 1'1 I ~ J I I ~. 0 \1.,1) i~. ~' ... 1r,~'T 0l ;<0 I I L{) ,>.- l.O 16:.17' ~ I ~rTr~2 I 1 ,VI i 38.21" , .- ' I .- _.51 t " fl' . '-~- " "'- I . -::) f, \ .. --1/\1/ Hi t ~ r- . - - II II I I ~I Ii J i I! II I! -I- I , CITY OF ANDOVER or REQUEST FOR COUNCIL ACTION DATE .T11 1 y':; 1 Q Q ':l AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM t\O. Variance Ordinance 10, Section 9.06 1487 - l61st Avenue NW Tony Emmerich Planning ~ BY: b. David L. Carlberg City planner REQUEST The City Council is asked to review and discuss the variance request of Tony Emmerich on the property located at 1487 16lst Avenue NW. Mr. Emmerich would like a variance from the 39,000 s.f. contiguous buildable area requirement as specified in Ordinance No. 10, Section 9.06(A)(3). Mr. Emmerich is requesting the variance to preserve a large stand of trees. / ) \. The Council should note that during the Planning and zoning Commission review it was determined that the lot could meet the 39,000 s.f. contiguous buildable area requirement without removing a considerable amount of trees. However, the area connecting the contiguous area is very narrow. BACKGROUND For background information on the request, please consult the attached staff report presented to the Planning and Zoning Commission and the minutes from their June 8, 1993 meeting. PLANNING AND ZONING RECOMMENDATION The Planning and zoning Commission, at their June 8, 1993 meeting made the motion to approve the variance request. Attached is a resolution for Council review and approval. MOTION BY: ~) TO: u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE VARIANCE REQUEST OF TONY EMMERICH CONSTRUCTION, INC. TO ORDINANCE NO. 10, SECTION9.06A(3) WHICH REQUIRES 39,000 SQUARE FEET OF CONTIGUOUS LAND AREA TO BE BUILDABLE ON THE PROPERTY LOCATED AT 1487 l61ST AVENUE NW, LEGALLY DESCRIBED BELOW. WHEREAS, Tony Emmerich Construction, Inc. has requested a variance to Ordinance No. 10, Section 9.06a(3) which requires 39,000 square feet of contiguous land area to be buildable on the property located at 1487 16lst Avenue NW, legally described as follows: The East 372.00 feet of the West 815.00 feet of the South 689.92 feet of the South Half of the Northwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota; Except that part platted as ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 20; and Q WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the requirements set forth in Ordinance No. 10, Section 9.06a(3); and WHEREAS, The Commission finds that the strict adherence to Ordinance 10 would be in direct conflict with the Tree Preservation Policy of the City of Andover; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No. 10, Section 17.01. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission and hereby approves the variance requested by Tony Emmerich Construction, Inc. to Ordinance No. 10, Section 9.06a(3) which requires 39,000 square feet of contiguous land area to be buildable on the property located at 1487 161st Avenue NW, legally described above. Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor o victoria Yolk, City Clerk \.J cD o ..:J Andover Planning and Zoning Commission Minutes - June 8, 1993 Page 7 (Public Hearing: Ordinance 8, Section 8.08, Parking, Continued) The Commission suggested the possibilities of requiring a minimum green space, that larger driveways be allowed on the larger lots. They suggested Staff determine a minimum and a maximum width based on the percentages of the frontage, similar to what is done in Blaine. They agreed to table the item, asking Staff andlor the ARC Committee to determine a more definitive and more restrictive requirement. MOTION by Apel, Seconded by McMullen, to table this item until the next meeting and let Staff look at it for additional information. Motion carried unanimously. VARIANCE: ORDINANCE NO. 10, SECTION 9. 06 ( A) ( 3) , 39,000 SQUARE-FOOT REQUIREMENT - 1487 161ST AVENUE NW, TONY EMMERICH Commissioner Apel questioned the request to vary from the 39,000 square- foot requirement, as that has not been varied from in the past. Mr. Almgren didn't have a problem with this variance. Commissioner Apel felt in this case there is a conflict between adhering to the Tree Ordi~ance and to the Septic System Ordinance. Mr. Almgren felt that because the Septic System Ordinance was in place first, that would take orecedence. ~onv EmDeric~ - stated the parcel does have 39,000 square feet, but it ~s not contiguous. This is a very unique situation which he felt meets ,-he i~tent but not the specifics of the ordinance. If the specifics of the ordinance are to be met, they would have to destroy a significant numbe~ of trees, which the owner does not want to do. 11r. Carlberg noted a sketch that indicates the lot as is has room for ,-he house, an accessory building and two septic systems. In order to get aro~~d removing the trees and grading, Mr. Emmerich has requested a variaGce. The Tree Commission has not reviewed this, but the City is interested in preserving large stands of significant trees. This was never an issue before; however, now they are running into the wetland and protection of trees; and meeting the requirement is becoming more and more difficult. Mr. Carlberg felt that a specific number of square feet DUSt be stated for the variance. ~r. ~mmerich - stated he did not have a specific number from which they '.'lOuld vary. He felt they would be varying from the word .. contiguous" . ':'here is no problem with room for a primary and a secondary septic syste7. He felt the intent of the ordinance is to provide for a primary and seco~dary septic systems to support a home at a certain elevation plus support an accessory building. That intent is accomplished on this lot, t~ough the specific number in the ordinance is not met. Commissioner Apel stated property on which taxes were paid for 15 or more years is now being found unbuildable because of the inflexibility of ord '-nances and changes regarding trees and wetlands. He felt the septic ~ystem ordinance is very anti-ecological with no logical basis Andover Planning and zoning Commission Minutes - June 8, 1993 -0 Page 8 (Variance: 39,000 S.F. Requirement, 1487 161st Avenue, Continued) for maintaining the position of strict enforcement. He was hesitant to bulldoze the trees out and change an aesthetically pleasing environment just to come up with the number in the ordinance, stating that common sense dictates the variance be granted. MOTION by Apel, Seconded by McMullen, the Resolution approving the variance request of Tony Emmerich; WHEREAS the P & Z reviewed the request and has determined that said request meets the requirements set forth in Ordinance No. 10, Section 9.06a(3); and WHEREAS the Planning and Zoning Commission recommends to the city Council approval of the 'lariance request as it does meet the criteria of Ordinance No. 10, Section 17.01; add another WHEREAS strict adherence to Ordinance 10, Section 9.06a(e) would be in direct conflict with the Tree Preservation Policy in the City of Andover, we feel that this variance request should be approved. In the last paragraph, add hereby approve the variance requested by Tony Emmerich Construction to Ordinance No. 10, Section 9.06a(3). Motion carried unanimously. The item will be placed on the July 6, 1993, City Council agenda. VARIANCE: ORDINANCE NO. 10, SECTION 9.06(A)(3), 150' X 150' BUILDABLE AREA - 16XXX HANSON BOULEVARD NW, TONY EMMERICH ~~ i1r. Carlberg reviewed the request of Tony Emmerich Construction, Inc., ~o vary from the buildable area requirement to construct a home at 16xxx Har.son Boulevard NW. The variance is needed because of the large power line easement on the property which creates a hardship in achieving the building pad area. To fill an area to achieve the 150' x 150' buildable area pad would mean a large number of trees would have to be destroyed. ~!r. Almgren pointed out the 39,000 square-foot requirement is met within ~he power line easement; however, the home cannot be constructed within ~hat easement. He proposed the building pad be established immediately east of the easement line following the 900-foot elevation to about 15 feet from the structure dropping at a 2 percent slope. The garage floor would be at 908.6 feet. This situation provides a 150' x 100' building yad without going into the easement, does not destroy any trees, and fits in with the surrounding area. The driveway will come out to Hanson Bou:evard. He has never had a situation like this before. Tonv Emmerich - stated he was concerned about not wanting to take out ~rees to create that building pad. Commissioner Apel noted that all other easements are included in the 39,000 square-foot requirement; ~~e,efc=e, the power line easement should also be considered in that ;alc'.'.l.ation. In the past, the buildable lot had to contain 39, 000 square feet. This lot meets that requirement. In this particular case, ~e didn't think a variance is needed, that there is nothing to vary =rom. ~) Mr. A:.mgren felt a variance is needed for the building pad. By taking 50 :set ::rom the building setback line within the easement, the building ~ad would meet the 150' x 150 requirement. He too felt the ordinance o CITY OF ANDOVER REQUEST F,OR PLANNING COMMISSION ACTION DATE June 8. 1993 AGENDA ITEM 8. Variance - 39,000 S.F. Requirement, Ord. 10 1487 l61st Avenue NW ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA BY'~ BY: David L. Carlberg City Planner REQUEST The Andover Planning and Zoning Commission is asked to review the request of Tony Emmerich Construction, Inc. to vary from the 39,000 square foot requirement as specified in Ordinance No. 10, Section 9.06a(3). The applicant is constructing a home on the parcel of land located at 1487 l6lst Avenue NW, legally described on the attached resolution and is requesting the variance to preserve a large number of trees. The parcels is five acres in size and is zoned R-l, Single Family Rural. APPLICABLE ORDINANCES Ordinance No. 10, Section 9.06a(3), requires residential lots in \~ areas lacking municipal sanitary sewer outside the Metropolitan Urban Service Area (MUSA) to have a minimum of 108,900 square feet (2.5 acres), of which 39,000 square feet of contiguous land area is buildable with a minimum width and depth of at least 150 feet. Ordinance no. 10, Section 17, Variances, defines what a hardship is and establishes the procedure for applying for a variance. Section 17.01 gives the City Council the authority to grant a variance from the requirements of Ordinance no. 10 where it is shown by reason of topography or other physical conditions strict compliance with these requirements could cause an exceptional or undue hardship to the enjoyment of a substantial property right; provided, that a variance may be granted only if the variance does not adversely affect the adjacent property owners and the Comprehensive Plan or the spirit and intent of this Ordinance. Section 17.03 states that, "No variance shall be granted by the Council unless it shall have received the affirmative vote of a majority of the full Council. \....) Q o () Page Two Variance - Ordinance 10, Section 9.06a(3) 39,000 Square Foot Requirement 1487 l61st Avenue NW Tony Emmerich Const., Inc~ June 8, 1993 BACKGROUND & REVIEW The applicant is requesting the variance to preseve a large area of trees. The applicant feels it is unreasonable to destroy a large number of trees to achieve the 39,000 s.f. Attached is a portion of the Tree Preservation Policy for Commission review for discussion. The applicant will be attending the meeting to present his case. COMMISSION OPTIONS A. The Andover Planning and Zoning Commission may recommend approval of the variance requested by Tony Emmerich Construction, Inc. to allow for the construction of a single family home on a lot that does not meet the 39,000 square foot requirement as specified in Ordinance No. 10, Section 9.06a(3) on the property located at 1487 l6lst Avenue NW, legally described on the attached resolution. The Planning Commission finds that the proposal meets the conditions established in Ordinance No. 10, Section 17.01. B. The Andover Planning and Zoning Commission may recommend denial of the variance requested by Tony Emmerich Construction, Inc. to allow for the construction of a single family home on a lot that does not meet the 39,000 square foot requirement as specified in Ordinance No. 10, Section 9.06a(3) on the property located at 1487 l6lst Avenue NW, legally described on the attached resolution. The Commission finds that the proposal does not meet the requirements set forth in Ordinance No. 10, Section 17.01. The Commission finds that no hardship exists due to the topography or other physical conditions of the parcel and that compliance with the requirements of Section 9.06a(3) would not cause an exceptional or undue hardship to the enjoyment of a substantial property right. The Commission also finds that the requested variance would adversely affect adjacent property owners and the comprehensive Plan or the spirit and intent of this Ordinance. C. The Andover Planning and Zoning Commission may table the item. lV~As5~- -- '. ":.<"~."'.'-4......E".,/c~:H'''.'.::?i -.>: I '(/' \ I 't,1 '4nA~I'".G,..l,~t.41-"'~:J:l7 i I. ~ ,I .' ~~ ~i~.':,..:t:. \%~"',,:, ~ ~ I.! I I ",~ \ ..:., i~~~;/'~~ilY .4.: ~ ---, , ,;'t:..., ,(,/.:\t'~<"/. I I I '(' / '""'1':1 \ J,., ;,/ rf; , . I ,61',.5 ;"<'::'.' <.':.,,~ ,. ,';.:;;,)r ~'Irl..':: I i I I ! r -< ' 1-; J .J.: I ,: ! 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":,':':>' -........ -------i! ~"--" I I II ~/ --j I I 1.1 -:\1 - --: ~_",--", c----L___l_ -1,~! ~':~ ~~ "-,"~H~~~J: ~=="7.I~W' I~..., [R-I . :II!; :;";.", II J-~ Li'l'~>> ~:~c; i. " €ST"~, I ii, ~ I I _ ~~". i / .;1:1-' 'om, . \lC=-(~I~. ~.J . -- c:..:.. \.._ . I ' "" . -<r l -,---, I I l I , .. I f," . l ,- ~ o ~ I ----.l ~ " " " " ,I I: " ii I' " I; rJ:: 1...IIL.,lLf..iH. ,,:~,'" _,.~" SURVEYFOR: G Etv1LE RHaMEs , 'J ,THe NaR.TH [INe a~ THe' 6iJIJ'T)./ OF SEC. /4, T.3Z,R,24- S8So4o'5S'E I!;B9. 9Z F~.T aF THE S Y2 aF WE NI/o/'/4- "37Z, 04- 'j.'!C(. ,/ ) "- \.. ~ '.: Q ') ' \ '" " f- en I '1: "'i!" ~{ "l<J Q( ~~ -... ,,~ f.. 'c) '" ~~ ~ '" ~~ '?oz:!. 58S.+05S",E cXC€P-rION 312 D 4- I~ ANO;'<A I~ eOUAlTY fllCIIWAv R/iN 10/ Sf AVe. N. iN. P!.Af NO. 20 ~ ~- C T}I. S'()Urrl LiNE C'F THE .sYz <"F THE NVv'!',f. OF SEe. 1+, T 32. RZ4- , '( Q"... .- . DenoH o Denot( Scale' Bool(_ Involc' foJOTe:: CO>ol' .,~~ 0(5; CITY of ANDOVER Property Address Vl\.RIJ\NCE REQUF.ST FORM /~~7 /0/.$r ~SdA.l q<- ere? ,Rei 2....0 Legal Description of Property: (Fill in whichever is appropriate): Lot Block Plat Parcel FIN (If metes and bounds, attach the complete legal) $~.,~~ Addi Hon ------------------------------------------------_____~N___________~__ Description of Request t/ Atef /C..,1/ ~ to :39, v 0"(1 y l/4~ l~~r? ho",ne. 6~~-e.R' t-4.1~ ec S "4""",, -r PC' .L.S ~ V / L)/".,.. ", Lt// - 4-e.c..,4--v < c!.. /tI~T ,eVMFf z: ~~-1 ~ 37; t!7&'o ~D ~-kb7 ,4 47' /-'77r/cL ~"'J!'r? SL~.;: 7'-0 Ar_ ;?t> ~(hCM ' ) / \'ectioll of Ordinance /6 -' ,,1:13 Cunent Zoning ;?-v~1 ~t/Li 70 h """12- Specific Hardship /!,-Ue... .::,~~ /Y~7' C/ & 7' ;7;l!..ce s ~dA/ ~ do /7 --------------------------------------------------------------------- Name of Applicant E;u Irt..C..,e....{ c...1t C7~,ks 1. ::7A/C, -L5/t.-d ~// ~~/L?<; Business Fhone 7S-S--- (,~-;t: Date ~/2J /9 S ~ , Address Home Phone Signature --~-------------------------------------------------- Property Owner (Fee O......ner) 5N-v.L ~ V~-o/ / O/,,-u.s;/lU!c/ Cdt't'/ (If different from above) -.6e.. cOvO,#eLS Address Home Phone Business phone 'Signature Date -------------------------~-----------------------~-----------~------- () VARIANCE PAGE 2 C) The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures wi thin 100 feet. 2. Application Fee: Single Family $ 75.00 Other Requests - $100.00 Date Paid &/; /1 ~ , Receipt * 1~ 777 Rev. 1-07-92:d'A Res. 179-91 (11-05-91) CRITERIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission, and: o 1. If the request is in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. ,:j I-U/-~~ 4 ~ " o 6. A fee as established by'Council resolution shall be charged for plan review for building permits. Any costs incurred by the City in reviewing plans for plats and commercial site plans shall be charged to the developer. City Staff may submit the plan to a consulting forester for a recomme~dation. Any costs shall be paid for by the developer or builder. (Res. 105-93, 5-18-93) r , 7. All tree protection measures to beginning building construction City forester/Tree Inspector. shall be installed prior and inspected by the 8. The City Forester/Tree Inspector will conduct follow- up site inspections for enforcement of the Tree preservation Policy in conjunction with the City Tree Ordinance No. 29C. 9. If any significant tree in development or building site is cut, damaged or the area within the tree's dripline has been encroached upon by grading equipment without City authorization, the City shall require planting of two (2) new trees. In addition, if the City determines that a damaged tree will probably not survive, it shall be removed by the developer. o a. Any trees required to be planted shall be varied in species, shall maximize the use of species native to the area, shall not include any species under disease epidemic and shall be hardy under local conditions. Trees shall be at least two and one-half (2 1/2") inches in diameter for deciduous trees and eight (8') feet tall for coniferous trees per nursery standard measurements. b. Any trees required to be planted shall be if they die or appear to be dying within one of planting by the person responsible planting. replaced (1) year for the c. Before any building construction takes place, fencing as required in Section IV(B) of this Policy shall be placed around the borders of woodlots of the driplines of significant trees to be preserved. Signs shall be placed along this fence line prohibiting grading beyond the fence line. d. The developer/contractor shall escrow project cost of tree replacement when tree do not allow the trees to be planted at the development or construction. 150% of the conditions the time of @ C. Special Development 'Considerations. Any proposed density increase must save significant or specimen trees. The City Council may require a Special Use Permit. o 1. The City forester will conduct a preliminary review of all Special Use Permit applications. I-VT-j~ 5 " " 2. A field review of select cases will occur under the following conditions: o a. For ~laned unit develo~ments and major develo~ment cases. " b. Other cases as determined necesfary by the ~reliminary review. 3. Conditions to S~ecial Use Permits will be ap~lied where determined necessary by the ~reliminary reVlew. These conditions may either be general, or specific in nature, and will reflect the standards or ~rovisions,of the Tree Preservation Policy in conjunction with the City Tree Ordinance No. 29C. 4. The City may reduce the maximum allowed density under Density Zoning or the Planned Unit Development on developments that have significant trees, where such reduction would save all or part of such significant trees. Any Required Significant Trees: The City Council may require the clustering of dwellings in the form of townhouses, quads, a~artments or similar uses, where it is necessary to preserve significant trees. 5. Compliance to Staff review of construction. these conditions will be verified by the appropriate plans ~rior to building u v. Tree & Site Related Disturbances_ A. Tree protection zones, specimen trees or stands of trees designated to be saved must be protected from the following damages which may occur during all phases of land disturbance and construction ~rocesses_ Methods of tree protection and disturbance prevention are provided in Section IV. 1. Direct physical root damage 2. Indirect root damage 3. Trunk and crown disturbance B. Direct physical root damage most frequently occurs during site clearing and grading operations, where transport or feeder roots are cut, torn, or removed. 1. Transport and feeder roots tend to tangle and fuse among the roots of adjacent trees. The removal of trees with heavy machinery along the outer ~eri~hery of a tree save area causes root damage. ~) 2. The most substantial form of root damage for all root types occurs in the form of cut roots. Roots are cut in grade reduction, or from trenching for underground utilities, sanitary sewer, or storm sewer lines. tf4) c~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ,l111y Ii lQQ,:! Discussion Items ~ APPROVED FOR AGENDA AGENDA t\O. SECTION ORIGINATING DEPARTMENT ITEM t\O. Variance Ordinance 10, Section 16289 Hanson Blvd. NW Tony Emmerich BY: 9.06 Planning 1. David L. Carlberg City Planner REQUEST The City Council is asked to review and discuss the variance request of Tony Emmerich on the property located at 16289 Hanson Boulevard NW. Mr. Emmerich would like a variance from the 150' x 150' buildable area as required in Ordinance No. 10, Section 9.06(A)(3). Mr. Emmerich is requesting the variance to / , preserve a large stand of trees. '-.) The Council should note that Mr. Emmerich does technically meet the 150' x 150' buildable area. However, the majority of the building pad area is located within a power line easement and structures cannot be constructed within this area (except septic systems). BACKGROUND For background information on the request, please consult the attached staff report presented to the Planning and zoning Commission and the minutes from their June 8, 1993 meeting. PLANNING AND ZONING RECOMMENDATION The Planning and Zoning Commission, at their June 8, 1993 meeting made the motion to approve the variance request. Attached is a resolution for Council review and approval. MOTION BY: /- '\ '-.) TO: '\ \.../ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE VARIANCE REQUEST OF TONY EMMERICH CONSTRUCTION, INC. TO ORDINANCE NO. 10, SECTION 9.06A(3) WHICH REQUIRES 39,000 SQUARE FEET OF CONTIGUOUS LAND AREA TO BE BUILDABLE WITH A MINIMUM WIDTH OF 150 FEET AND A MINIMUM DEPTH OF 150 FEET ON THE PROPERTY LOCATED AT 16289 HANSON BOULEVARD NW, LEGALLY DESCRIBED BELOW. WHEREAS, Tony Emmerich Construction, Inc. has requested a variance to Ordinance No. 10, Section 9.06a(3) which requires 39,000 square feet of contiguous land area to be buildable with a minimum width of 150 feet and a minimum depth of 150 feet on the property located at 16289 Hanson Boulevard NW, legally described as follows: The West 717.89 feet of the South Half of the Northwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. Except the South 1005.10 feet of said South Half of the Northwest Quarter. ~ Except that part platted as ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 27. Subject to an easement to United Power Association; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the requirements set forth in Ordinance No. 10, Section 9.06a(3) due to the fact that the area to the east of the power line easement comprises an area of 100' x 150', which is 15,000 s.f. and the area to the west of the power line easement comprises at least an area of 50' x 150', which is 7,500 s.f., those two together comprise the building pad of 150' x 150', totaling 22,500 s.f.; and WHEREAS, it should be noted that there is at least 42,000 s.f. of high buildable land on this particular lot; and WHEREAS, the Planning & zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No. 10, Section 17.01; and :--) NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & zoning Commission and hereby approves the variance requested by Tony Emmerich Construction, Inc. to Ordinance No. 10, Section 9.06a(3) which requires 39,000 square feet of contiguous land area to be buildable with a minimum width of 150 feet and a minimum depth of 150 feet on the property located at 16289 Hanson Boulevard NW, legally described above. <J Page Two Resolution 16289 Hanson Blvd. NW - Variance Emmerich July 6, 1993 Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk o :J I Andover Planning and zoning Commission ! ,Minutes - June 8, 1993 r'~ Page 8 (Variance: 39,000 S.F. Requirement, 1487 161st Avenue, Continued) for ~aintaining the position of strict enforcement. He was hesitant to bulldoze the trees out and change an aesthetically pleasing environment just to come up with the number in the ordinance, stating that common sense dictates the variance be granted. MOTION by Apel, Seconded by McMullen, the Resolution approving the variance request of Tony Emmerich; WHEREAS the P & Z reviewed the request and has determined that said request meets the requirements set forth in Ordinance No. 10, section 9.06a(3); and WHEREAS the Planning and zoning commission recommends to the City Council approval of the variance request as it does meet the criteria of Ordinance No. 10, Section 17.01; add another WHEREAS strict adherence to Ordinance 10, Section 9.06a(e) would be in direct conflict with the Tree Preservation Policy in the City of Andover, we feel that this variance request should be approved. In the last paragraph, add hereby approve the variance requested by Tony Emmerich Construction to Ordinance No. 10, Section 9.06a(3). Motion carried unanimously. The item will be placed on the July 6, 1993, City Council agenda. VARIANCE: ORDINANCE NO. 10, SECTION 9.06(A)(3), 150' X 150' BUILDABLE AREA - 16XXX HANSON BOULEVARD NW, TONY EMMERICH () i1r. Carlberg reviewed the request of Tony Emmerich Construction, Inc., ~o vary from the buildable area requirement to construct a home at l6xxx Hanson Boulevard NW. The variance is needed because of the large power line easement on the property which creates a hardship in achieving the building pad area. To fill an area to achieve the 150' x 150' buildable area pad would mean a large number of trees would have to be destroyed. Mr. Almgren pointed out the 39,000 square-foot requirement is met within ~he power line easement; however, the home cannot be constructed within that easement. He proposed the building pad be established immediately east of the easement line following the 900-foot elevation to about 15 ~eet from the structure dropping at a 2 percent slope. The garage floor would be at 908.6 feet. This situation provides a 150' x 100' building pad without going into the easement, does not destroy any trees, and =its in with the surrounding area. The driveway will come out to Hanson Boulevard. He has never had a situation like this before. Tonv Emmerich - stated he was concerned about not wanting to take out ~rees to create that building pad. Commissioner Apel noted that all other easements are included in the 39,000 square-foot requirement; ~~e~efcre, the power line easement should also be considered in that ;alc.llation. In the past, the buildable lot had to contain 39,9000 3quare feet. This lot meets that requirement. In this particular case, ~:e didn't think a variance is needed, that there is nothing to vary :ro:n. :J Hr. A::ngren felt a variance is needed for the building pad. By taking 50 :aet ~rom the building setback line within the easement, the building ~ad would meet the 150' x 150 requirement. He too felt the ordinance F~dover Planning and Zoning Commission Minutes - June 8, 1993 (--'0 Page 9 (Variance: 150' x 150' Buildable Area, 16xxx Hanson Blvd, Continued) may ~ave to be changed because of the many different lots corning in. Mr. Carlberg felt the problem is there is "buildable" for septic systems, and there is "buildable" for principal structures; but the ordinance doesn't distinguish between the two. Commissioner Peek noted the land under the easement is unbuildable for the structure and felt the variance would then be for over 31,000 square feet. Mr. Almgren argued the 39,000 square feet is exceeded; the issue is a building pad for the structure outside of the power line easement. o MOTION by Apel, Seconded by McMullen, that we recommend approval of the variance request of Tony Emmerich Construction, Inc., for the Hanson Boulevard property; WHEREAS the Planning and zoning Commission has determined that said request meets the requirements set forth in Ordinance No. 10, Section 9.06a(3) because the area to the east of the power line easement comprises an area of 100' x 150', which is 15,000 square feet, and the area to the west of the power line easement comprises at least an area 50 x 150 square feet, which is 7,500 square feet, those two together comprises the building pad of 150' x 150', equalling 22,500 square feet; it might be noted also there is at least 42,000 square feet of high buildable land on this particular lot. WHEREAS the Planning and Zoning Commission recommends to the City COlil:cil approval of the variance request requested by Tony Emmerich Construction, Inc. Motion carried on a 6-Yes, l-No (Peek) vote. COITJ~~ssioner Pease recommended the Commission revisit this portion of t~e ocdinance again to provide a better definition of what is contiguous and ~hat is buildable. Right now it is very restrictive, and she felt somethi.ng broader is needed. The Commission agreed. There being no further business, Chairperson Dehn declared the meeting adjou=ned at 10:32 p.m. Respectfully submitted, ~~a~~L Recording Secretary ~ () CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION AcnON DATE June 8, 1993 AGENDA ITEM 9. Variance - 150' X 150' Requirement, Ord. 10 16XXX Hanson Blvd. NW ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning ~ BY: Lc:.- BY: David L. carlberg City Planner REQUEST The Andover Planning and Zoning Commission is asked to review the request of Tony Emmerich Construction, Inc. to vary from the 150' x 150' buildable area requirement as specified in Ordinance No. 10, Section 9.06a(3). The applicant would like to construct a home on the parcel of land located at 16xxx Hanson Boulevard NW, legally described on the attached resolution. The parcels is five acres in size and is zoned R-l, Single Family Rural. APPLICABLE ORDINANCES ,~ Ordinance No. 10, Section 9.06a(3), requires residential lots in '- areas lacking municipal sanitary sewer outside the Metropolitan Urban Service Area (MUSA) to have a minimum of 108,900 square feet (2.5 acres), of which 39,000 square feet of contiguous land area is buildable with a minimum width and depth of at least 150 feet. Ordinance no. 10, Section 17, Variances, defines what a hardship is and establishes the procedure for applying for a variance. Section 17.01 gives the City Council the authority to grant a variance from the requirements of Ordinance no. 10 where it is shown by reason of topography or other physical conditions strict compliance with these requirements could cause an exceptional or undue hardship to the enjoyment of a substantial property right; provided, that a variance may be granted only if the variance does not adversely affect the adjacent property owners and the Comprehensive Plan or the spirit and intent of this Ordinance. Section 17.03 states that, "No variance shall be granted by the Council unless it shall have received the affirmative vote of a majority of the full Council, " ) '- u page Two Variance - Ordinance 10, Section 9.06a(3) 150' x 150' Requirement 16xxx Hanson Boulevard NW Tony Emmerich Const., Inc. June 8, 1993 BACKGROUND & REVIEW The applicant is requesting the variance to construct a single family home on the parcel. The applicant is requesting the variance because the large power line easement on the property creates a hardship in achieving the 150' x 150' building pad area. The applicant can achieve the 39,000 s.f. requirement as indicated on the attached application. The applicant feels it is unreasonable to destroy a large number of trees to fill the area to achieve the 150' x 150' buildable area pad. The applicant will be attending the meeting to present his case. COMMISSION OPTIONS A. The Andover Planning and zoning Commission may recommend approval of the variance requested by Tony Emmerich Construction, Inc. to allow for the construction of a single family home on a lot that does not meet the 150' x 150' buildable area as specified in Ordinance No. 10, Section 9.06a(3) on the property located at l6xxx Hanson Boulevard NW, legally described on the attached resolution. The Planning Commission finds that the proposal meets the conditions established in Ordinance No. 10, Section 17.01. u B. The Andover Planning and zoning Commission may recommend denial of the variance requested by Tony Emmerich Construction, Inc. to allow for the construction of a single family home on a lot that does not meet the 150' x 150' buildable area requirement as specified in Ordinance No. 10, Section 9.06a(3) on the property located at 16xxx Hanson Boulevard NW, legally described on the attached resolution. The Commission finds that the proposal does not meet the requirements set forth in Ordinance No. 10, Section 17.01. The Commission finds that no hardship exists due to the topography or other physical conditions of the parcel and that compliance with the requirements of Section 9,06a(3) would not cause an exceptional or undue hardship to the enjoyment of a substantial property right. 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NO'2c;.',?>(""C: 3/;<.78 ~ -rHE EA5T L/;../E OF -rilE WE:6T' 717 89 rE.ET ~r TilE FI7 r-r NL</V4 tlF !iEe 14 rr-~ "-l~0'.;~ 1'\ if ''-.-/ ' ~ . ", '. ,(.f."" CITY of ANDOVER VARIANCE RF.:QIlEST FORH Property Address ;hw~" A'I ,/c! ,t,b,erlt ~ C2.77r' Rd.2..o ;1/0 Hd'cC.-,-.J2.SS Legal Description of Property: (Fill in whichever is appropriate); Lot Block Addition Pl~l: Parcel FIN (If:metesand bounds, attach the complete legal) ---------~-----------------~---------------------____~~____N_________ Description of Request !/~~ "h 77,e... /fJA-d 4L~ /.el?-:j":''"::/'_ /~"- 4......- 417,:: "". VrlH. /'r &./d"4. .ef:" ..,. tfj..,r r 15 /A../ LJ.dJ U/~ h.-!/.R... .t2-A:<".p~7 , ?I./~7/d C.AV A~ //5A-d h~_~T;.~ ~ ~&'7 AJdT l<'54/ch""'--9 Specific Hardship .t1I~aI "tlC/r<2.Le...-_ .P~5' /'V&j"T ~~ 7::'. ~S Rp~lJltpo/ .&z'"f ~<L ' Te.,e.~ C; Jih,vc! ~o ~ ~:eeA-1~ ,Lf:; . t /') ~ t ,. c 14-1 .YeA<. ~A./ ..r-o ~ /' 7- '-.../ Section of Ordinance /0 - ~3 Current Zoning ev/.?--p-- / -------__N___________________________________________________________ Name of Applicant 70 ,vcr &.0..(' ./ ;:-- f H-t;n e:?..,,? €c-H ~ ~.$" r IA/c. ~ ,e~"/.:7c., e!(/d/ t"~# ~~~ Business Phone 7SS-- ~ SS-tj' Date 5"""/ -2.-7/93 . J\ddress Home Phone Signature -~-------------------------------------------------- Property Owner (Fee Owner) re-v/M ~/Ls (If different from above) ~RVAV~ Address ttJ4/ k bre'_'-''-o Horne phone Business phone 'Signature Date -------------------------------------------------------------~~------ , "- '--) VARIANCE PAGE 2 , <J The following information shall be submitted prior to review by the city of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. Application Fee: Single Family $ 75.00 other Requests - $100.00 Date Paid &/ /Cf3 Receipt * 1L, 791- Rev. 1-07-92:d'A Res. 179-91 (11-05-91 ) CRITERIA FOR GRANTING A VARIANCE In gr.anting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission, and: / " o 1. If the request is in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. ~J ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE VARIANCE REQUEST OF TONY EMMERICH CONSTRUCTION, INC. TO ORDINANCE NO. 10, SECTION 9.06A(3) WHICH REQUIRES 39,000 SQUARE FEET OF CONTIGUOUS LAND AREA TO BE BUILDABLE WITH A MINIMUM WIDTH OF 150 FEET AND A MINIMUM DEPTH OF 150 FEET ON THE PROPERTY LOCATED AT 16289 HANSON BOULEVARD NW, LEGALLY DESCRIBED BELOW. WHEREAS, Tony Emmerich Construction, Inc. has requested a variance to Ordinance No. 10, Section 9.06a(3) which requires 39,000 square feet of contiguous land area to be buildable with a minimum width of 150 feet and a minimum depth of 150 feet on the property located at 16289 Hanson Boulevard NW, legally described as follows: The West 717.89 feet of the South Half of the Northwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. Except the South 1005.10 feet of said South Half of the Northwest Quarter. o Except that part platted as ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 27. Subject to an easement to united Power Association; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the requirements set forth in Ordinance No. 10, Section 9.06a(3) due to the fact that the area to the east of the power line easement comprises an area of 100' x 150', which is 15,000 s.f. and the area to the west of the power line easement comprises at least an area of 50' x 150', which is 7,500 s.f., those two together comprise the building pad of 150' x 150', equalling 22,500 s.f.; and WHEREAS, it should be noted that there is at least 42,000 s.f. of high buildable land on this particular lot; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No. 10, Section 17.01; and ~ NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission and hereby approves the variance requested by Tony Emmerich Construction, Inc. to Ordinance No. 10, Section 9.06a(3) which requires 39,000 square feet of contiguous land area to be buildable with a minimum width of 150 feet and a minimum depth of 150 feet on the property located at 16289 Hanson Boulevard NW, legally described above. Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk 8 o .~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA t\O. SECTION Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t\O. Emerald Glen Preliminary Plat Andover Review Committe ~ BY: 8. The City Council is requested to approve the resolution approving the preliminary plat of Emerald Glen per Ordinance 8 and 10 and all other applicable ordinances as requested by Ashford Development Corporation and Shamrock Development corporation. Attached is the resolution. The Andover Review Committee (ARC) has reviewed the preliminary plat. Their comments are as follows: '- ) General Comments * The proposed preliminary plat is currently zoned R-4, Single Family Urban. In addition, the proposed plat is within the Metropolitan urban Service Area (MUSA). * The proposed subdivision consists of 47 single family urban residential lots. * The developer and/or owner is responsible to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Coon Creek watershed District, LGU, MPCA and any other agency which may be interested in the site). Other Comments or Concerns: There are two (2) concerns the Andover Review Committee has regarding the preliminary plat. All other concerns have been resolved. CONTINUED MOTION BY: ,--) TO: u 1. The bubble that was submitted and reviewed by the Planning and Zoning Commission has been modified to have more of a square corner but does not meet the 60 foot right-of-way requirement. The recommendation by the Andover Review Committee is to be consistent with a 60 foot requirement, no more or no less. We have received a revised plan faxed late Friday morning to the City on how the right-of-way should be designed. The plat will need to show this revision. 2. It is recommended the exception area that is indicated be included as part of the preliminary plat. Lot lines of Lots 1-3, & 14-16, Block 2 are recommended to have a common property line. A drainage and utility easement is recommended to be provided as required by the Water Resource Management Plan which was approved earlier this year and by Ordinance 10, Section 13 (Easements) and Section 9.04(b). The Public Works Department is recommending that the lots have a common boundary to allow the property owners to maintain the area. Property owners in other similar developments have been utilizing these areas by constructing gardens, storing their personal goods and maintaining them. Note: The ARC feels that this recommendation is in the best interest of the City. Park and Recreation Commission Recommendation t', U The Commission is recommending cash in lieu of land as determined in Ordinance 10, Section 9.07 from their review of the preliminary plat. The park dedication is to be determined on the entire 19.434 acres. 8.01 IDENTIFICATION AND DESCRIPTION a. Proposed name is Emerald Glen. d. Scale is 1" = 100' g. The preliminary plat, grading, drainage and erosion control plan was prepared by Hakanson-Anderson Assoc., Inc. 8.02 EXISTING CONDITIONS b. Total acreage is 19.434. c. The existing zoning within 300 feet of the proposed plat has been shown. f. Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on preliminary plat per ordinance requirements. g. 8 h. j. The boundary lines within 100 feet of the plat have been shown along the names of the property owners. A Tree Protection plan has been reviewed and approved by the Tree Inspector. A soil boring report has been received by the City. ~~ g. 0 j . 9.02 a. 9.03 a. m. n. 9.04 b. 9.06 e. 0 8.03 DESIGN FEATURES a. The proposed right-of-way as indicated is 60 feet. c. The sanitary sewer, watermain, storm drains and streets will be designed by the city's consultant. g. The setbacks for each lot are shown. h. The proposed method of disposing of surface water has been shown on the grading and drainage plan. 8.04 ADDITIONAL INFORMATION b. Source of water supply is municipal water. c. Sewage disposal facilities will be municipal sewer. d. Rezonings of properties will not be required. f. Flood Plain Management is the Coon Creek Watershed District (see Section 9.04(b) for additional information regarding the 100 year flood elevation). Street lighting is required and the installation costs will be paid for by the developer. The total linear road mileage for the proposed plat is 0.36 miles. STREET PLAN The typical section, right-of-way and grade are indicated on the preliminary plat. STREETS The proposed right-of-way is shown as 60 feet which conforms to standards by classification. Driveway access shall be 60 feet or more from any intersection. Boulevard is required to be topsoil and sodded. EASEMENTS A drainage easement is to follow the 100 year flood elevation. LOTS The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 9.07 PARKS, PLAYGROUNDS, OPEN SPACE Park dedication as recommended by the Park and Recreation Commission. " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA u RES. NO. f A RESOLUTION APPROVING THE PRELIMINARY PLAT OF EMERALD GLEN AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION AND SHAMROCK DEVELOPMENT CORPORATION LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Andover City Council has conducted a public hearing and reviewed the preliminary plat of Emerald Glen; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such hearing, the planning and Zoning Commission recommends approval of the plat citing the following: 1. Removal of the bubble located at the intersection of Martin Street NW and 134th Avenue NW and change the plat to conform to a new road alignment in the area, changing the bubble to square corner turn with a minimum radius of 20 feet. 2. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, ~ MPCA and any other agency that may be interested in the site. 3. The Park and Recreation Commission is recommending cash in lieu of land for the entire 19.434 acres which is to be determined by Ordinance 10, Section 9.07. 4. A great deal of discussion took place regarding the exception. The Planning and Zoning Commission was uncomfortable with the discrepancy as to who should own the fee of this particular property. It is, therefore, recommended that the City Council act with the advise of their Attorney and take into consideration Staff recommendation to determine who should best end up owning the fee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Emerald Glen. Adopted by the City Council of the City of Andover this 6th day of July 19 93. CITY OF ANDOVER o ATTEST: ~ J. E. McKelvey - Mayor Victoria volk - City Clerk i , j 11 " " ...., ~J E~;'5~"";Z",-;",,;~~~ ,'" ",!, , " ~ '" t~. ~ ~~\ 1 #. ~~~':.'~:r~.' ,;",:~;;<~.,r CITY of ANDOVER '.' PRELIMINARY PLAT APPLICATION Street Location of property: :rAt~"~ Legal Description of property: .LoTS /31 ~ ANb~ A.J 7 G 8' WA-"FlT C;Avd.J AbJ<.J , Address: A sl. ;=... cI D .. ....141--- c.- P :z=-c.. .1c.'to JS;2.-d J..,+-<,. AI"I~,.. ""........ JM....1 ~-f $;....- >-'Go/" J)..",...t.,('~ ;;,.-c "J.J. uO --A-~_ 1'r a $I R-(.'J, ... Phone: '-{:1.)-'1217 -1..11- :]So 0 Property Owner: Applicant: ::::; ,1-s- "'- "-- phone: Address: . , Description of Request: Tn ~I....-r \:o..b....J (,-LJ.cL._"?",...\ " 1-,. ~ <J Rezoning Request Required: YES [ NO [Xl Explain: ..J# Fee: 'Z75Z.? 2- Date Paid: :>--Z/-Cf;. '~w__~, ~;;?antJ ~/ ,,e/A ( i n 'of Property Owner) Receipt No.: L{(,(;f3 s;-~l (Date) .-' C) I I /1' I ; 1i (-) '---/ " r--, .J ,...-, '--) " " "- ." (Q}.. \?\., ~ ' ;'~"':':--l<~~"''" .-~.;...." CITY of ANDOVER ',' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City of Andover Planning and zoning Commission will hold a public hearing at 7:30 P.M., or as soon thereafter as can be heard, Tuesday, June 22, 1993 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to consider the preliminary plat of Emerald Glen consisting of 47 single family residential lots as being developed by Ashford Development Corporation and Shamrock Development corporation on the property described as: Lot 7 & 8, Watt's Garden Acres located in the SW 1/4 of the SE 1/4 of Section 34, Township 32, Range 24, Anoka County, Minnesota All opponents and proponents of said proposed preliminary plat will be heard at the above time and location. ~/~ Victoria Volk - Clty Clerk publication Dates: 6-11-93 6-18-93 I I I,: " Q 34 32 24 44 0006 & 0008 Tony Emmerich Const. Inc. 2615 Coon Rapids Blvd. Coon Rapids, MN 55434 -,32 24 44 0010 \~ques Johnson Jr. 13330 Hummingbird st NW Andover, MN 55304 34 32 24 44 0013 Scott & pierre Wakefield 13331 Hummingbird st NW Andover, MN 55304 34 32 24 34 Good Value 14670 93rd Blaine, MN 0044 Homes Lane NE 55434 34 32 24 34 0047 Mark & Susan Kowalczyk 13426 Nightingale St NW Andover, MN 55304 34 32 24 34 0056 & 0057 Good Value Homes / 260 93rd Lane NE b~aine, MN 55434 34 32 24 41 0007 Kottkes Bus Service 13625 Jay st NW Andover, MN 55304 34 32 24 43 0005 - 0016 Hokanson Dev Inc 9174 Isanti st NE Blaine, MN 55434 34 32 24 34 0050 C Karnowski & Todd Cain 13339 Nightingale St NW Andover, MN 55304 34 32 24 34 0054 David Frank & Elizabeth Miller / '\~09 Nightngale st NW \ ,<lover, MN 55304 -- labelsthemeraldglen 34 32 24 44 0007 ~ames & Margaret Runke 7320 - 152nd Lane NW Andover, MN 55304 34 32 24 44 0011 Julie prazak 13342 Hummingbird st NW Andover, MN 55304 " 34 32 24 44 0014 Forest & Debra Cater 13343 Hummingbird st NW Andover, MN 55304 34 32 24 34 0045 Kevin & Linda Mckown 13390 Nightingale st Andover, MN 55304 NW 34 32 24 34 0048 & 0049 Good Value Homes 14760 93rd Lane NE Blaine, MN 55434 34 32 24 34 0058 & 0073 Good Value Homes 14760 93rd Lane ~E Blaine, MN 55434 34 32 24 42 0010 BBP Investment Inc. 460 Hyland Big Lake, MN 55309 34 32 24 43 0017 Kirberger Companies Inc 1061 109th Ave NW Blaine, MN 55434 34 32 24 34 0051 Todd & Kelly Meyer 13349 Hummingbird st NW Andover, MN 55304 35 32 24 33 0001 Anoka County Courthouse 325 East Main St Anoka, MN 55303 Attn: Administration Ashford Construction 3640 - 152nd Ln NW Andover, MN 55304 34 32 24 44 0009 Richard & Michelle Bratrude 13318 Hummingbird st. N~ Andover, MN 55304 34 32 24 44 0012 T Cleveland & S posterick 13319 Hummingbird st NW Andover, MN 55304 34 32 24 34 0042 Robert & Kyung Frank 13330 Nightingale st NW Andover, MN 55304 34 32 24 34 0046 Joseph & pamela Fisher 13410 Nightingale st NW Andover, MN 55304 34 32 24 34 0053 & 0055 Good Value Homes 14760 93rd Lane NE Blaine, MN 55434 34 32 24 41 0006 Roger & Darlene Streich 13024 Crooked Lk Blvd Coon Rapids, MN 55433 34 32 24 43 0001 Kurt & Susan Hurst 13440 Jay st NW Andover, MN 55304 34 32 24 43 0018 - 0032 Hokanson Dev Inc 9174 Isanti st NE Blaine, MN 55434 34 32 24 34 0052 Michael & Kateri Osbeck 13369 Nightingale st NW Andover, MN 55304 City of Coon Rapids 1313 Coon Rapids Blvd. Coon Rapids, MN 55433 ~ealJ 6fen It 06Vl"LOpmcNT>-INCT'-"G.a,,""H_-, \ : \ I, I 11'/- --_--:"'u T- , IJ "....,. " \1' I \11 . 1 I " ( I , --~ --- --~ I' I ,1/- II ~ I ! / / / I ,.- \., .- '80 .-' , .' / II, 4r;6'" .\ ~/ ./ 10 L L 1 l'1 ~, ......' , ..J ~..: --1/ O)ft.. to '(o~. '1." -ser' -,,) --"" / ./."l. ~: ./ /' ~~~ '.- <2 ,;- d~ , .. " <;l t<\ "~,,,. ,,-' " / ,/ 1 I I )\ IrI ~ \() , I -..... I '- ~ --- ./ / - - 50 ./' 11,40;1'" 5 / '-- .-- I 5..- ~ 6.."." J' ...-" " f.. f\ \ \l \ \ (: I " 2 .... i\ oJ\ 11' : , I l \/:2,04'1 \" "L" \ J \ ~ -.~l50_- , 1(:1 I Cl:l \ ...... \ "\ \I ~ " \ \ ' ,\ \ '" \ ...... " 1'1 . "I \, , CITY OF ANDOVER ,- REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~ APPROVED FOR AGENDA Discussion Item ITEM t\O. BY: Receive Feasibility Report/ 93-11/Emerald Glen 9. The city Council is requested to approve the resolution accepting feasibility study, waiving public hearing, ordering improvement and directing preparation of plans and specifications for the improvement of project 93-11 for sanitary sewer, watermain, street and storm drain in the Emerald Glen area. ~) MOTION BY: ~) TO: o o u " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: " A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 93-11 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA EMERALD GLEN WHEREAS, the City Council did on the 15th day of June 19 93 , order the preparation of a feasibility study for the improvements; and WHEREAS, such feasibility study was prepared by presented to the Council on the 6th day of July TKDA and 19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 383,326.83 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 383,326.83 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. BE IT STILL FURTHER RESOLVED by the City Council to hereby require the developer to escrow the sum of $ 20,000.00 with such payments to be made prior to commencement of work on the plans and specifications. MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 6th day of July 19~, with Councilmember voting in favor of the resolution and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk ~J :~ ~J " ~5bfotb 13-1/ ]JBebelopment ~orporation, Jfnc. 3640 - 152nd Lane N.W. . Andover, MN 55304 . 427-9217 May 21, 1993 Mr. Todd Haas Assistant city Engineer City of Andover 1685 Crosstown Boulevard NW Andover, Mn 55304 RE: PROPOSED Emerald Glen subdivision Dear Mr. Haas RECEIVED JUN - 1 1993 CITY OF ANDOVER Ashford Development Corp. Inc. and shamrock Development Inc. do hereby petition for improvements by the construction of water main, sanitary sewer, storm sewer and streets with concrete curb and gutter with the costs of the improvement to be assessed against the benefiting property which is described as: EMERALD GLEN Said petition is unanimous and the public hearing may be waived. We request possible. feasibili ty that a feasibility report We have enclosed a check report expenses. be prepared as for $1,000.00 soon as for the (THE $1,000.00 WILL BE CREDITED TOWARD 15% IMPROVEMENT ESCROW). Sincerely, ~w~ Ashford Development ., Inc. I , WA-vY--- eve11pment Inc. I I' I j 111 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 ITEM t\O. ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~ APPROVED FOR AGENDA AGENDA SECTION NO. Discussion Item BY: Quinn street/Red Oaks Traffic Discussion 10. The City Council is requested to discuss the traffic complaints received by residents in the area of Quinn street NW north of Bunker Lake Boulevard located in the Red Oaks Manor area. At the last meeting Council had agreed that temporary barricades be set up to close Quinn Street NW at about 138th Avenue NW. I discussed this with Frank stone before he left for vacation and Mr. Stone did not install the barricades. He is very concerned that if an emergency had taken place and the road were barricaded that the City may become liable. '- ) Note: Attached is a resolution approving a temporary street closure for your approval if so desired. In addition, traffic counts have been taken the week of June 21, 1993. The Average Daily Traffic (ADT) counts found are as follows: - Quinn street NW north of 137th Lane NW - 1086 - 139th Avenue NW east of Crosstown Boulevard - 767 - 140th Avenue NW east of Crosstown Boulevard - 247 - 14lst Avenue NW at Quinn Street NW - 167 By definition Quinn street NW would be considered a collector street due to traffic volumes that are higher than 1000 ADT. There is a possible solution to help alleviate the traffic issues on Quinn street NW and that is to consider 139th Avenue NW east of Nightingale Street NW to be constructed to Hanson Boulevard (see attached map). MOTION BY: , '- ) TO: " CITY OF ANDOVER COUNT~ OF ANOKA STATE OF MINNESOTA RES. NO. o TEMPORARY STREET CLOSURE QUINN STREET NW BETWEEN 137TH LANE NW AND 138TH AVENUE NW .' J WHEREAS, the Andover City Council acknowledges traffic issues occurring on Quinn Street NW north of Bunker Lake Boulevard; and WHEREAS, a public hearing meeting will be conducted on July 20, 1993 to discuss the traffic issue to achieve the greatest reduction in traffic problems; and WHEREAS, Quinn Street NW is a local street serving as a collector, but is not designated on the municipal state aid system; and WHEREAS, it is recognized that the temporary closure at the approximate location of 13788 Quinn Street NW creates a dead end; and WHEREAS, the Council acknowledges that access for residents and public safety vehicles has been given consideration in this action; and WHEREAS, it is proposed to initially close Quinn Street NW temporarily so as to monitor the impacts of the closure on both 139th Avenue NW and l40th Avenue NW within the neighborhood; and WHEREAS, said closure will be deemed permanent unless rescinded by ~ Council action not later than October 6, 1993. NOW, THEREFORE, BE IT RESOLVED by the Andover City Council as follows: 1. The Public Works Department is directed to erect appropriate signs and traffic control devices as required by the 1991 Minnesota Manual on Uniform Traffic Control Device and to include barricades to close Quinn Street NW at approximately 13788 Quinn Street NW. 2. The Engineering Department shall periodically monitor traffic on Quinn Street NW and other neighborhood streets and report the results to the Council not later than September 21, 1993. Adopted by the City Council of the City of Andover this of July , 19 93. 6th day CITY OF ANDOVER ~) ATTEST: ~ , J. E. McKelvey - Mayor Victoria Volk - City Clerk I j 11 - -'-'re;i.-' -r-~-~ I i I>HE1"';'. lENT ';:f ~t;1,l~. ..': ~~~.'''' I.. .~ ! i li/<i"L~F=-___7.\'CA..;.{ ',.___1___ 1 010"'0- .0''''' .. ,. , II ~,~". I I . V : J r;v h\".. ' :~ : ': : /, i: ~~. ,',; ':: .~'" I 1 , '"'. .' ....,-. "" " , ':'~.i' I I I --':11 i it:, ~\ .~: I 'l ,'.' 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'T " i -,..7l- . . ~h;J;';~ ,"" ,,' .,,~~, o..;",eo~ L : WA TS' I . I!;".J-_IJ.:: .'~'5.J 5 ":..~ ..~..... I T i. ~.. l:~j,1...1:\,,':: '~.~o. . . ~-fiTI'1' 'YI''i:~c,o}~;<f.Yo~~~ ,PARK L_ _ _ I . .:;;":~;;; , .~ :~" 1!:,d~~'b-~.g;;:<,;r.;'J.I,r;J.~'.'%f , 'GARDEN. ; ....0 I '; 5 U a -'"YI<:" '...J.:r:r::c:. I . " ." . , .' I .. 4 s""liii , = ,..~ ~~ ^v'U;I:r~'~:' ~1~.'ri'1 'to PHCAs~r!/J'It-i "'.".,.,. AT "", ~ -6-~~"" '.._.;;v,.,,~ i,IQ-i-H-", 'j "1l Q. ':: fD c' RCcp"F, ~ (I' , Lcd/ .',: ',' ""'CADOW"~'." I :. ~,..,. "~..:', . ..".... , ~ ~ ~.Bf.4d~IfI: ~ . ACES' i, ! ' -~ G: :;.; [Ji \os .. ";:c; ~ ; .~:. fJ.m'~ ,i--"',/' if !it ',t:; IONoOVER 8"'-"'OARY I MG,' . . ,'~' .,. . . :' . Uo . .., "~A~"-" _' '.... U,i\ ...... : . . :':'r. '0..... ...,M' ~ "-..:.. ~--;:'-?:::::::"'-'-~~~T t:. L CITY Of" COOt~ f-?..tPHY:l, X.KK':\ c;o,~ I I' - - I Y 1 I '\ - - J , , I , , I , , , <,:>' ~ ~n i I C) i \ j ( , .. t' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Julv 6, 1993 AGENDA 1\0. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM 1\0. Comprehensive plan MUSA Expansion Requests Planning ~ David L. Carlberg City Planner BY: II. The City Council tabled this item at the June 15, 1993 meeting. The Council is asked to review the letters from property owners and the phasing map to establish the order the Metropolitan Urban Service Area (MUSA) expansion should be allotted if the City receives additional MUSA. Please bring the item on the MUSA discussion that was discussed June 15, 1993. ,- \ '-.) The Council should compare the map(s) that visually indicates the areas requested and the sewer service area (MUSA) revision map which indicates the phasing of the urban expansion. The Council, based on the information provided, should make a decision on the direction the City will expand the MUSA and determine the order the properties requesting MUSA will receive it. The Council may also choose to direct Planning Department Staff to prepare an amendment to the Comprehensive Plan for a 200 acre MUSA expansion which will include those properties selected by the Council as discussed above. MOTION BY: ,- ) TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE .Tlll Y 6. 1 q q 1 AGENDA SECTION NO. Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Admin. BY: Animal Complaint/Dog Bite v. Yolk ~ t. I.:l. The City Council is requested to consider whether to classify a dog owned by Lyle Dunn, 2261 - 139th Avenue N.W., as a biting dog. ~) Ordinance 53 defines a biting dog as one which has bitten, scratched, or caused other injury or threatens such injury to a person or another domestic animal. In this case, the dogaused injury to another dog and also chased a child. Attached is a copy of the police report regarding the inci~)nt. Mr. Dunn has been notified that Council will consider this action. A resolution is also attached declaring the dog a biting aog in the event Council declares such. MOTION BY: '\ \...) TO: Age n c,y: 0 0 1 .:J ***** Anoka County ***** 93098218 CASE DETAIL REPORT Inc No: 93098218 JUVENILE INVOLVED ------------------------------- primary incident PRIMARY ACTIVITY: Animal bites - all others CALL LOCATION: andover,mn nw 55304 -INTERSECTION 139 ave quinn st DATE-TIME DATE-TIME TIt1E TIME TIME TIME OCCURRED: REPORTED: RECEIVED: DISPATCH: ARRIVED: CLEARED: 06/15/93 PATROL AREA: UNIT ASSIGN: OFFICER #1: OFFICER #2: HOW RECEIVED: 11:34:00 11:34:00 11:34:00 11:43:00 12:05:00 1z25 08244 ------------------------------- incident summary ACTIV ISN ITY ACTIVITY DESCRIPTION 1 Animal bites - all others ----------------------------------- offenses ----------------------------------- Assit./Advi 06/15/93 50002 JURIS: 01 WEATHER: -No entry GRID: a50000 rnsc: n - Dep. L. Doheny - No entry - No Entry DATE DISPOSITION REPORTED F TSN PSN \ ,-"ME TYPE DOB ------------------------------------ names ------------------------------------- PHONE NUMBERS RACE SEX R-RES & B-BUS FILE NAME & ADDRESS 1 1 juv Person With Knowl MISC: patnode, 2116 138 krystle lynn 07/09/83 ave nw andover,mn 55304 PARENT: w f R:612-755-6726 1 1 adult Person Reporting MISC: ann 04/02/41 andover,mn 55304 EMPLOYER: magee, katheryn 2116 138 ave nw w f R:612-755-6726 1 2 adult Person With Knowl MISC: kujawa, richard jerome OS/28/47 2251 139 ave nw andover,mn 55304 EMPLOYER: w R:612-757-9201 m 1 3 Owner MISC: adult dunn, lyle 2261 139 ave nw andover,mn 55304 EMPLOYER: u R: u ----------------------------------- vehicle ------------------------------------ property evidence o run: 16-jun-93 21:43 93098218 case summary 1 csw-print20r02t2143 Agency: 001 (J ***** Anoka County ***** Inc No: 93098218 93098218 CASE DETAIL REPORT JUVENILE INVOLVED ---------------------------------- narrative ----------------------------------- Transcriber: bett -01 Action Date-Time: 06/16/93 21:16:40 On June 15, 1993 at 1134 hours I responded to 139th Ave NW and Quinn St. NW in Andover. Upon arrival I spoke to complainant Katheryn Magee who stated that a large black lab type dog had attacked her Pomeranian and had damaged the back of the animal. Mrs. Magee stated that her granddaughter, Krystle Patnode was walking her dog when the larger animal approached her and another little girl. I spoke to Krystle and she stated that the black lab type dog approached them and began to chase them. She said she picked up her Pomeranian and was trying to run from the dog when the black lab ran up to them and grabbed the Pomeranian from her grip with his jaws and ran down the street with the smaller dog in it's mouth. Mrs. Magee said that she thought the dog lived somewhere on 139th Ave but was not sure of the owner's address. I drove down 139th Ave looking for the dog when I spotted a large black lab type animal in a driveway at 2251 139th Ave. As I pulled into the driveway the animal did not appear that it was going to attack and I noticed that a man was standing at the screen door at the front of the house. I rolled down my window and spoke to the man at the screen door and asked him if it was his dog. He " \ V Transcriber: bett -02 Action Oate-Time: 06/16/93 21:32:06 identified himself as Richard Kujawa and said that it was his neighbor's dog at 2261 139th Ave. I asked him if he knew if the neighbor was at home and he stated that the neighbor was at work. I then asked Mr. Kujawa if he could try to contain the dog inside his garage until I could notify the Humane Society to come pick it up. Mr. Kujawa then went inside and opened up his garage door and was able to call the dog in. He then closed the door, containing the dog inside. When I spoke to Mrs. Magee earlier, she had stated the dog had been foaming at the mouth and I could not see any evidence of this at this time. However, Mr. Kujawa did state that the dog did just chase his young daughter inside the house and that he did not trust it. I contacted the Humane Society to come pick up the dog for impound and I went next door to the Lyle Dunn residence where Mr. Kujawa said the dog owner lived. I could not get an answer at the door, so I placed a note on the front door advising Mr. Dunn of the circumstances and that he needed to contact the Sheriff's Office immediately. On June 16, 1993 at 700 hours I attempted to contact Mr. Lyle Ounn by telephone at 754-0300 which listed to his home address, and I . ') '-../ run: 16-jun-93 21:43 93098218 case narrative 2 csw-print20r02t2143 ~ ' Agency: 001 \. ) ***** Anoka County ***** Inc No: 93098218 93098218 CASE DETAIL REPORT JUVENILE INVOLVED ---------------------------------- narrative ----------------------------------- Transcriber: bett -03 Action Date-Time: 06/16/93 21:34:47 received an answering machine. I advised Mr. Dunn through the answering machine of what had occurred the previous day and that he needed to contact this office immediately. It should be noted that Mr. Dunn is in violation of Andover leash law and that there is a biting dog ordinance which Mr. Dunn could also be in violation of. A copy of this report should be forwarded to the Andover City Clerk for review to decide whether Mr. Dunn's dog should be classified as a biting dog. No further action taken by this officer at this time. I was unable to contact Mr. Dunn at the time of this report. End of supplemental. Deputy Doheny 6/16/93, bf cc: Andover City Clerk ~ ", \,-j run: 16-jun-93 21:43 93098218 case narrative 3 csw-print20r02t2143 \) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R A RESOLUTION DECLARING A BLACK DOG OWNED BY LYLE DUNN, 2261 - 139TH AVENUE N.W., AS A "BITING DOG". WHEREAS, a black dog owned by Lyle Dunn has attacked another dog and chased a child; and WHEREAS, there were injuries to the dog that was attacked; and WHEREAS, City Ordinance 53 defines a biting dog as one which has bitten, scratched, or caused other injury or threatens such injury to a person or another domestic animal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that a black dog owned by Lyle Dunn, 2261 - 139th Avenue N.W. is hereby declared a "biting dog". ~J Adopted by the City Council of the City of Andover this 6th day of July , 1993. CITY OF ANDOVER Attest: J. E. McKelvey - Mayor Victoria Volk - City Clerk "- \-J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA 1\0. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA staff, Committee, ~. ' !':!':in" Planning ~ BY: ITEM 1\0. Approve 1993 CDBG Subgrantee Agreement David L. carlberg City planner /.3 REQUEST The Andover City Council is requested to approve the Anoka county Community Development Block Grant Agreement between Anoka County, a political subdivision of the state of Minnesota, and the City of Andover. Attached for Council review is the agreement. '- ) MOTION BY: '- ) TO: ~' ) '- " o , ..... ""') ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT between ANOKA COUNTY, A POUTlCAL SUBDIVISION OF THE STATE OF MINNESOTA AND CITY OF ANDOVER This agreement. entered into this 1st day of July, 1993. between Anoka County, a political subdivision of the State of Minnesota (hereinafter referred to as the .County.), and the City of Andover. 1685 Crosstown Boulevard N.W.. Andover, MN 55304 (hereinafter referred to as the. Agency.): RECITALS A. The County is an urban county applicant for block grant funds under the Housing and Community Development Act of 1 974 (the Act). Pub. L. 93-383 liS. amended. and will receive block grant funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR p. 570; B. An Urban County Consortium has been established by a Joint Cooperation Agreement between the County and municipal corporations within the County. the terms of which specify allocation of block grant funds to those participating jurisdictions for use in accordance with the County Housing Assistance and Community Development Plans accepted by participating jurisdictions and reviewed by HUD; C. The County desires to have certain services performed by the Agency as described within this agreement, and as authorized by Anoka County resolutions for the purpose of implementing eligible activities under the Act and HUD regulations; D. It is appropriate and mutually desirable that the Agency be designated by the County to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD Regulations, state law and local law are adhered to, as provided for herein; E. The purpose of this Agreement is to provide for cooperation between the County and the Agency, as the parties in this agreement, in implementing such eligible activities in the manner described above; F. The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota. G. The attached exhibits as listed below are hereby incorporated in this agreement and made a part hereof: /) '---' / -, ',---J , , , ) '--_/ PART I. GENERAL CONDITIONS PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS PART III. EVALUATION AND RECORD KEEPING Exhibit A. Project Description Summary and Budget Exhibit B. 1993 Program as approved by County Board Exhibit C. Anoka County Board Resolution No. 85-42 Exhibit D. Anoka County Board Resolution No. 85-23 Exhibit E. Anoka County Board Resolution No. 86-70 Exhibit F. Certification H. In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this agreement. COUNTY AGENCY Tom Durand Division Manager. Governmental Services (Signature) Date: Name (Typed) Approved as to form: Title Date: Assistant Anoka County Attorney - 2 - PART I. GENERAL CONDITIONS o 1. SCOPE OF AGREEMENT The Agreement between the parties shall consist of the signature page, the general conditions: the federal, state and local program requirements: the evaluation and record keeping requirements, each and every project exhibit incorporated into the Agreement: all matters and laws incorporated by reference herein: and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects attached as exhibits to this Agreement. 2. SCOPE OF SERVICES The Agency shall perform and carry out in a satisfactory and proper manner the services set forth in the Exhibit(s) attached hereto. In the case of multiple projects, each project shall correspond to a separate exhibit. This Agreement may be amended from time to time, in accordance with the general conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose. 3. COMMENCEMENT AND TERMINATION OF PROJECTS o Upon release of project-related funds by HUD pursuant to federal regulations, the County shall furnish the Agency with written notice to proceed. No work on the oroiect shall occur orior to the notice to oroceed without written aooroval from the County. Termination dates for individual projects shall be specified in the appropriate exhibits and be in compliance with County Board Resolution #85-23, attached as Exhibit D. Costs incurred after the termination date will not be reimbursed. The termination date may be changed through amendment of this Agreement. 4. ADMINISTRATION A. The Aaencv shall aoooint a liaison oerson who shall be resoonsible for overall administration of block arant funded oroiect(s) and coordination with the County Housina and Community Develooment Proaram. The Aaencv shall also desianate one or more reoresentatives who shall be authorized to sian the monthlv Voucher and Reoortina Form. The names of the liaison oersons and reoresentatives shall be soecified in the Exhibits. B. For all agencies which are presently parties to Joint Cooperation Agreements with the County covering planning, distribution of funds. and program execution under the Act, the Agency remains subject to the provisions of such agreement. 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for the services specified in the Exhibits in an amount specified on Exhibit A. Reimbursement shall be based on a Community Development Voucher and Reporting Form submitted with supporting documents and signed by the Agency's authorized representative. o - 3 - o () <J B. The Agency shall submit a properly executed Voucher and Reporting Form no later than fifteen (~5) working days after the close of each billing period. The County will make payment to the Agency not more than twenty-one (21) working days after said invoice is received and approved by Anoka County. The County will issue a statement of correction voucher in the event that the voucher request is erroneous. Payment does not constitute absolute approval. 6. OPERATING BUDGET The Agency shall apply the funds received from the County under this Agreement in accordance with the requirements of the Exhibitls) attached hereto. 7. FUNDING ALTERNATIVES AND FUTURE SUPPORT A. The Agency shall report all project income generated under this Agreement for the purposes specified herein or generated through the projectls) funded under this Agreement. All project income shall be forwarded to Anoka County except as provided in Exhibit E. The County will maintain a record of program income received by individual projects for future use by the subgrantee for eligible CDBG activities. B. The County makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. C. Should anticipated sources of revenue not become available to the County for use in the Community Development Block Program. the County shall immediately notify the Agency in writing and the County will be released from all contracted liability for that portion of the Agreement covered by funds not received by the County. 8. AMENDMENTS Either party may request modifications in the scope of services. terms, or conditions of this Agreement. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this Agreement. A written amendment may affect a project or projects authorized by this Agreement or may be of general application. 9. ASSIGNMENT AND SUBCONTRACTING A. The Agency shall not assign any portion of this Agreement without the written consent of the County, and it is further agreed that said consent must be sought by the Agency not less than fifteen (15) davs Drior to the date of any proposed assignment. B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures contained - 4- o o u 10. therein. The Agency agrees that it is as fully responsible to the County for the acts and omissions of its subcontractors and of their employees and agents, as it is for the acts and omissions of its own employees and agents. HOLD HARMLESS AND INDEMNIRCATION A. The Agency further agrees that it is financially responsible (liable) for any audit exception which occurs due to its negligence of failure to comply with the terms of the Agreement. B. The Agency agrees to protect and save the County. its elected and appointed officials, agents, and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the Agency's employees or third parties on account of personal injuries, death or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the Agency and/or its agents, employees, subcontractors or representatives under this Agreement. 11. INSURANCE For all agencies which are n21 municipal corporations organized under the laws of the State of Minnesota, the following insurance requirements shall apply: A. Public Liability Insurance The Agency shall obtain and maintain continuously public liability insurance necessary to protect the publiC on the subject premises naming the County as insured to the extent of Six Hundred Thousand and no/100 ($600,000.00) Dollars General Liability Insurance including bodily injury and property damage with umbrella excess liability of One Million and no/100 ($1,000,000.00) Dollars and provide proof of Worker's Compensation Insurance pursuant to the Statutes of the State of Minnesota. B. Buildina Risk Insurance The Agency shall cause to be maintained, during the period that contract work is in progress, All Risk Builder's Insurance, (including fire. vandalism, malicious mischief and extended coverages) in an amount not less than the value of destructible contract work in place. C. Proof of Insurance The Agency shall provide certificates of insurance required under this section, or, upon request of the County, duplicates of the policies as evidence of the insurance protection afforded. Such insurance policies shall not be reduced or canceled without thirty (30) days prior written notice to the County. - 5 - -4 CJ o o 12. CONFLICT OF INTEREST A. Interest of Officers. Emolovees. or Aaents - No employee, agent, consultant, officer, or elected or appointed official of the Agency who exercises any functions or responsibilities with respect to Block Grant Program activities assisted under this Program or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto. or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. B. Interest of Subcontractor and Their Emolovees - The Agency agrees that it will incorporate into every subcontract required to be in writing and made pursuant to this Agreement the following provisions: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Block Grant Program, has any personal financial interest, direct or indirect, in this Contract. The Contractor further covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any conflicting interest shall be employed. Any interest on the part of the Contractor or his employees must be disclosed to the Agency and the County. 13. DATA PRIVACY All data collected, created. received, maintained, or disseminated, or used for any purposes in the course of the Provider's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01 et seq. or any other applicable State statutes and any State rules adopted to implement the Act, as well as State statutes and Federal regulations on data privacy. The Provider agrees to abide by these statutes, rules, and regulations and as they may be amended. 14. TERMINATION A. This Agreement is subject to termination upon thirty (30) days written notice by the County should: (1) The Agency mismanage or make improper or unlawful use of Agreement funds; - 6 - CJ o '" '-../ 15. (2) The Agency fail to comply with the terms and conditions expressed herein or the applicable regulations and directives of the Federal Government. State. or County; (3) The Agency fail to provide work or services expressed by this Agreement; or (4) The Agency fail to submit reports or submit incomplete or inaccurate reports in any material respect. B. This Agreement may be terminated by the County immediately upon the receipt by the County of notice of the loss of federal funding for the Community Oevelopment Block Grant Program or any project of the Agency. C. This Agreement is subject to termination upon thirty (30) days written notice by the Agency should: (1) The County fail in its commitment under this Agreement to provide funding for services rendered. as herein provided; or (2) Block Grant funds become no longer available from the Federal Government or through the County. O. Otherwise this Agreement shall terminate on the latest termination date specified on the Exhibit(s) attached hereto and shall be subject to extension only by mutual agreement and amendment in accordance with the General Conditions of this Agreement except the County may terminate the agreement if funds are not expended as required by Exhibit O. E. Upon termination of this Agreement any unexpended balance of Agreement funds shall remain in the County Block Grant fund. F. In the event that termination occurs under paragraph A(1) of this section, the Agency shall return to the County all funds which were expended in violation of the terms of this Agreement. REVERSION OF ASSETS Upon the expiration or termination of this agreement, the Agency shall transfer to the County any COBG funds on hand or in the accounts receivable attributable to the use of COBG funds. In addition, at the expiration or termination of this agreement, any real property under the Agency's control that was acquired or improved in whole or in part with COBG funds in excess of $25,000.00 shall be disposed of in a manner which results in the agency being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to the expenditures of non-COBG funds for acquisition of, or improvement to, the real property. Such reimbursement shall not be required if the conditions of 24 CFR ~ 570.503(b)(8)(i) are met and satisfied. -7 - (] o o 16. DISPOSITION OF PROGRAM INCOME Upon the expiration or termination of this agreement. program income shall be returned by the Agency to the County. - 8 - o PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS 1. GENERAL REQUIREMENTS The Agency shall comply with the Housing and Community Development Act of 1974. Public Law 93-383 M amended. and Implementing Regulations at 24 CFR p. 570. 2. PROCUREMENT STANDARDS In awarding contracts pursuant to this Agreement. the Agency shall comply with all applicable requirements of local and state law for awarding contracts. including but not limited to procedures for competitive bidding. contractor's bonds, and retained percentages. In addition. the Agency shall comply with the requirements of the U.S. Office of Management and Budget Circular A-l02 or A-ll0 as appropriate, relating to bonding, insurance and procurement standards; and with Executive Order 11246 regarding nondiscrimination bid conditions for projects over Ten Thousand and no/l00 ($10,000.00) Dollars. Where federal standards differ from local or state standards. the stricter standards shall apply. The federal standard of Ten Thousand and no/l00 ($10,000.00) Dollars for competitive bidding shall apply only if the applicable state or local standard for competitive bidding is less strict than Ten Thousand and no/l00 ($10,000.00) Dollars. 3. ENVIRONMENTAL REVIEW (] A. National Environmental Policv Act - The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (29 CFR pt. 58). The County may require the Agency to furnish data. information and assistance for the County's review and assessment in determining whether an Environmental Impact Statement must be prepared. B. State Environmental Policv Act - Agencies which are branches of government under Minnesota Law retain responsibility for fulfilling the requirements of the State Law regarding environmental policy and conservation. and regulations and ordinances adopted thereunder. If the agency is not a branch of government under Minnesota Law, the County may require the agency to furnish data, information and assistance as necessary to enable the County to comply with the State Environmental Policy Act. C. Satisfaction of Environmental Reouirements - Project execution under this Agreement by either the County or the Agency shall not proceed until satisfaction of all applicable requirements of the National and State Environmental Policy Acts. A written notice to proceed will not be issued by the County until all such requirements are complied with. '0 - 9- ~~ () " "- ,__.J 4. NONDISCRIMINATION A. General The Agency shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex. marital status, race, creed, color, national origin or the presence of any sensory, mental or physical handicap or any other basis now or hereafter prohibited by Law. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974: Civil Rights Act of 1964, Title VI: Civil Rights Act of 1968, Title VIII: Executive Order 11063: Executive Order 11246: and Section 3 of the Housing and Urban Development Act of 1968. Specifically, the Agency is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR 570.602(b) (1-3) and shall take such affirmative and corrective actions as are required by the Regulations at CFR 570.602(b)(4). These requirements are summarized in the following paragraphs: B. Proaram Benefit The Agency shall not discriminate against any resident of the project service area by denying benefit from or participation in any block grant funded activity on the basis of race, color, sex, or national origin. (Civil Rights Act of 1964, Title VI: Civil Rights Act of 1968. Title VII: Section 109. Housing and Community Development Act of 1974). C. Fair Housina The Agency shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the federal government. (Civil Rights Act of 1968, Title VII: Executive Order 11063) D. Emolovment 1 . In all solicitations under this Agreement, the Agency shall state that all qualified applicants will be considered for employment. The words wequal opportunity employerW in advertisements shall constitute compliance with this section. 2. The Agency shall not discriminate against an employee or applicant for employment in connection with this Agreement because of age, marital status, race, creed. color. national origin, or the presence of any sensory, mental or physical handicap, except when there is a bona fide occupational limitation. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination. rates of payor other forms of compensation, and selection for training. (Executive Order 11246 as amended) - 10 - C,) ,~ '\ V - ---., \,~) 3. To the greatest extent feasible, the Agency shall provide training and employment opportunities for lower income residents within the area served by block grant assisted projects (Section 3, Housing and Community Development Act of 1968. as amended). E. Contractors and Suooliers 1 . No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, marital status. race. creed. color, national origin. or the presence of any sensory, mental. or physical handicap. Such practices include upgrading. demotion, recruiting, transfer, layoff, termination, pay rate. and advertisement for employment. (Executive Order 11246 as amended) 2. All firms and organizations described above shall be required to submit to the Agency certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions; orovided. that certificates of compliance shall not be required from firms and organizations on contracts and/or yearly sales of less than $10.000. 3. To the greatest extent feasible, the Agency shall purchase supplies and' services for activities under this agreement from vendors and contractors whose businesses are located in the area served by block grant funded activities or owned in substantial part by project area residents. (Section 3, Housing and Community Development Act of 1968, as amended.) F. Notice 1. The Aaencv shall include the orovisions of the aoorooriate subsections &. B, C. D. and E of this section in everv contract or ourchase order for aoods and services under this Aareement and shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or worker's representative of the commitments made in these subsections. 2. In advertising for employees. goods or services for activities under this Agreement, the agency shall utilize minority publications in addition to publications of general circulation. 5. LABOR STANDARDS The Agency shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 USC sections 327-333); orovided that this section shall not apply to rehabilitation of residential property designed for residential use by fewer than eight families. - 11 - ') \..-/ / " '--) , " ,---) A copy of the current Davis-Bacon wage rate must be included in all construction bid specs and contracts over Two Thousand and no/100 ($2,000.00) Dollars. 6. PROPERTY MANAGEMENT A. The Agency agrees that any nonexpendable personal property, purchased wholly or in part with agreement funds at a cost of Five Hundred and no/100 ($500.00) Dollars or more per item, is upon its purchase or receipt the property of the County andlor federal government. Final ownership and disposition of such property shall be determined under the provisions of Appendix N to the U.S. Office of Management and Budget Circular No. A-102 or A-110 as appropriate. B. The Agency shall be responsible for all such property, including its care and maintenance. C. The Agency shall admit the County's property management officer to the Agency's premises for the purpose of marking such property. as appropriate, with county property tags. D. The Agency shall meet the following procedural requirements for all such property: 1. Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; and location. use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two (2) years to verify the existence, current utilization. and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent loss. damage, or theft to the property, Any loss, damage. or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 7. ACQUISITION AND RELOCATION A. Any acquisition of real property for any activity assisted under this Agreement shall comply with Title III of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (hereinafter referred to as the Uniform Act) (40 USC section 4601) and the Regulations at 24 CFR pt. 42. B. Any displacement of persons. business, nonprofit organizations or farms as the result of acquisition of real property assisted under this Agreement shall comply .,,,. ~) ~) ~J with Title II of the Uniform Act as amended by the Uniform Relocation Act Amendments of 1987 Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Pub. L 100-17. 101 Stat. 246-256) and the Regulations at 49 CFR pt. 24. The Agency shall comply with the Regulations pertaining to costs of relocation and written policies. as specified by 24 CFR section 570.606 (a) & (b). C. In any activity assisted under this agreement which results in demolition or conversion to another use of low/moderate income housing, the agency will follow the requirements set forth in the revised section 104(d) of the Housing and Community Development Act of 1974. as amended. and implementing regulations. 8. HISTORIC PRESERVATION The Agency shall meet the historic preservation requirements of Public Law 89-665 and the Archeological and Historic Preservation Act of 1974 (Pub. L. 93-291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the Regulations at 36 CFR pt. 800. Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR pt. 58. 9. ARCHITECTURAL BARRIERS Any facility constructed pursuant to this Agreement shall comply with design requirements of the Architectural Barriers Act of 1968 (42 USC section 4151). 10. NONPARTICIPATlON IN POLITICAL ACTIVITIES The Agency shall comply with the provisions of the Hatch Act (5 USC Chapter 15). 11. NATIONAL FLOOD INSURANCE The Agency may not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Rood Insurance Program, as provided by Section 3(a) of the Rood Disaster Protection Act of 1 973 (Pub. L. 93- 234) and the Regulations thereunder (24 CFR Ch. X, subchap. B). The Agency shall comply with the Regulations at 24 CFR section 570.605. 12. AIR AND WATER POLLUTION The Agency shall comply with the provisions of the Clean Air Act, as amended (42 USC section 1857 ~ ~ and the Federal Water Pollution Control Act. as amended (33 USC sections 1251 ftt~) and the regulations issued thereunder (40 CFR pt. 15). - 13 - ,:J 13. LEAD-BASED PAINT POISONING The Agency shall comply with the HUD Lead-Based Paint Regulations (24 CFR pt. 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 USC sections 4831 .!l1 ~ requiring prohibition of the use of lead-based paint (whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation. or modernization of residential structures); elimination of immediate lead-based paint hazards in residential structures; and notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1950. 14. NON-DISCRIMINATION BASED ON DISABILITY When and where applicable, the agency shall comply with Section 504 of the Rehabilitation Act of 1973. as amended (29 U.S.C. 794) and Title II of the Americans with Disabilities Act, Public Law 101-336 (1 990), to ensure that no otherwise qualified individual with a disability in the United States shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving financial assistance under this agreement. 15. NONSUBSTlTUTION FOR LOCAL FUNDING /-" The Block Grant Funding made available under this Agreement shall not be utilized by V the Agency to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. 1 6. PUBLIC OWNERSHIP For Agencies which are not municipal corporations organized under the laws of the State of Minnesota, it may become necessary to grant the County a property interest where the subject project calls for the acquisition, construction, reconstruction. rehabilitation, or installation of publicly-owned facilities and improvements. The Agency shall comply with current County policy regarding transfer of a property interest sufficient to meet the public ownership requirement. 17. PUBLIC INFORMATION A. In all news releases and other public notices related to projects funded under this Agreement, the Agency shall include information identifying the source of funds as the Anoka County Community Development Block Grant Program. B. For all construction projects the Agency shall erect a sign to County specifications at the construction site, identifying the source of funds. except that this requirement may be waived for construction projects of Ten Thousand and no/100 ($10,000.00) Dollars or less. o -14.- o 18. APPLICABLE UNIFORM ADMINISTRATIVE REQUIREMENTS A. An Agency which is the governmental entity (including public agencies) shall comply with the requirements and standards of OMB Circular No. A-87. "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments," OMB Circular A-128, "Audits of State and Local Governments" (implemented at 24 CFR Part 44) and with the following sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" : (1 ) (2) (3) (4) (5) (6) (7) (8) (9) () (10) (11 ) (12) (13) (14) (15) (16) (17) (18) (19) (20) Section 85.3. "Definitions"; Section 85.6, "Exceptions"; Section 85.12, "Special grant or subcontract conditions for 'high-risk' grantees" ; Section 85.20, "Standards for financial management systems," except paragraph (a); Section 85.21, "Payment," except as modified by ~ 570.513; Section 85.22, "Allowable costs"; Section 85.26, "Non-federal audits"; Section 85.32. "Equipment," except in all cases in which the equipment is sold, the proceeds shall be program income; Section 85.33, "Supplies"; Section 85.34. "Copyrights"; Section 85.35, "Subawards to debarred and suspended parties"; Section 85.36, "Procurement." except paragraph (a); Section 85.37. "Subgrants"; Section 85.40. "Monitoring and reporting program performance," except paragraphs (b) through (d) and paragraph (f); Section 85.41, "Financial reporting," except paragraphs {aI, (b), and (e); Section 85.42, "Retention and access requirements for records"; Section 85.43, "Enforcement"; Section 85.44. "Termination for convenience"; Section 85.51. "Later disallowances and adjustments" and Section 85.52, "Collection of amounts due." B. An Agency if it is not a governmental entity, shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non Profit Organizations" or OMB Circular No. A-21. "Cost Principles for Educational Institutions, " as applicable, and with the following Attachments to OMB Circular No. A-110; (1 ) (2) (3) () Attachment A. "Cash Depositories," except for paragraph 4 concerning deposit insurance; Attachment B, "Bonding and Insurance"; Attachment C, "Retention and Custodial Requirements for Records: except that in lieu of the provisions in paragraph 4, the retention period for records pertaining to individual CDBG activities starts from the date of submission of the annual performance and evaluation report, as - 15 - (4) (5) prescribed in ~ 570.507. in which the specific activity is reported on for the final time; Attachment F, .Standards for Financial Management Systems.; Attachment H, .Monitoring and Reporting Program Performance,. Paragraph 2; Attachment N, . Property Management Standards,. except for paragraph 3 concerning the standards for real property, and except that paragraphs 6 and 7 are modified so that - o (6) (i) In all cases in which personal property is sold, the proceeds shall be program income. and (ii) Personal property not needed by the subrecipient for COSG activities shall be transferred to the recipient for the COSG program or shall be retained after compensating the recipient; and (7) Attachment 0, .Procurement Standards. . (J u - 16 - () o ;:J PART III. EVALUATION AND RECORD KEEPING 1. EVALUATION The Agency agrees to participate with the County in any evaluation project or performance report. as designed by the County or the appropriate Federal agency. and to make available all information required by any such evaluation process. 2. AUDITS AND INSPECTIONS The Agency shall obtain an independent audit for any calendar year during which the agency received at least $25.000 of Federal funds. Such audit shall be made by qualified individuals who are sufficiently independent of those who authorize the expenditure of Federal funds. The audit report shall state that the audit was performed in accordance with the generally accepted governmental audit standards for financial and compliance audits of the U. S. General Accounting Office Standards for Audit of Governmental Oraanizations. Proarams. Activities. and Functions. and the provisions of OMB A-110. When applicable. the Agency shall also comply with the audit requirements of OMB Circular A-133. The records and documents with respect to all matters covered by this contract shall be subject at all times to inspection. review or audit by the County. Federal or State officials so authorized by law during the performance of this contract and during the period of retention specified in this Part III. 3. RECORDS As required by HUD Regulations. 24 CFR pt. 570. the Agency shall compile and maintain the following records: A. Financial Management - Such records shall identify adequately the source and application of funds for activities within this Agreement. in accordance with the provisions of Appendix G to the U.S. Office of Management and Budget Circular A-102 or A-110 as appropriate. These records shall contain information pertaining to grant awards and authorizations. obligations. unobligated balances. assets. liabilities. outlays. and income. B. Citizen Participation - Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available. the ranges of project activities undertaken. and opportunities to participate in funded block grant projects. C. Relocation - Indication of the overall status of the relocation workload and a separate relocation record for each person. business. organization. and farm operation displaced or in the relocation workload. D. Property Acquisition - Agency files must contain (a) invitation to owner to accompany appraiser during inspection. (b) at least one property appraisal. (c) - 17 - o () c.J statement of basis for determination of just compensation. (d) written offer of just compensation, (e) all documents involving conveyance. (f) settlement cost reporting statement, and (g) notice to surrender possession of premises. E. Equal Opportunity - The Agency shall maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefitted from, the activities carried out under this Agreement. The Agency shall also maintain data which records its affirmative action in equal opportunity employment, and its good-faith efforts to identify, train, and/or hire lower- income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. F. Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR 570.603. G. Determinations of Condition of Slum and Bliaht The agency will submit: 1. an attorney's opinion that an area designated as slum or blighted for the purpose of qualifying a CDBG activity meets the State or local definition of same; 2. the boundary of the area so designated; 3. a list of the conditions the CDBG-funded activity is intended to address. In the event that a single property is designated as blighted, the community must submit a certified building inspector's report on the conditions leading to that determination. H. Economic Develooment The agency will maintain copies of financial statements that indicate the historical and projected income of a company approved for CDBG assistance. Those records will include three years of profit and loss statements. balance statements and projected income statements. The agency will also keep records indicating the amount and terms of assistance provided together with an explanation of how the assistance provided meets the Rnecessary and appropriateR requirements communicated in the June 2. 1987 Stokvis memorandum. I. Such other records as may be required by the County and/or HUD. 4. RETENTION OF RECORDS Required records shall be retained for a period of three (3) years atter termination of this Agreement, except as follows: (1) Records that are the subject of audit findings - 18 - ,"-) '-J o C) shall be retained for three (3) years after such findings have been resolved. (2) Records for nonexpendable property shall be retained for three (3) years after its final disposition. Nonexpendable property is defined in Appendix N to U.S. Office of Management and Budget Circular No. A-'02 or A-" 0 as appropriate. 5. REPORTS The Agency shall submit such reports as required by the County on a monthly and annual basis and also prior to project execution. DV /SW /4/30/93 - 1 ~ _ PROJECT *2 ':.J PRELIMINARY PROJECT REQUEST Anoka County Co~~unity Development Block Grant - 1993 I. PROJECT NAME Andover Public Service Assistance Program II. PROJECT ACTIVITY The proposed project will continue as it did in 1992 to assist several local public service programs that serve low and moderate income families or individuals. The City will designate a portion of the CDBG funds for programs that meet CDBG criteria. An application procedure, approved by Anoka County, will be used to determine which programs receive funding. The application will be similar to the one used in 1992. All public service programs must serve low and moderate income individuals. Administrative costs will be included in this project. /' " ~-.J III. & IV. PROJECT DURATION This will be an on-going project. The Andover City Council believes that programs that serve low to moderate income families/individuals should receive some level of funding from the CDBG funds annually. V. This project would address the problems of services for senior citizens, handicapped individuals and services for the homeless. VI. The Andover City Council proposes to use at least $15,000 in 1993 for public service programming. Total dollars spent will depend upon the number and amount of the requests received by the City. -" ',- ) Page 2 Andover CDBG Proposal February 16, 1993 VII. Advertising for Proposals $ 50 Amount of Public Service Funds Requested $15,000 VIII. Because this project will be a City-wide effort, it is difficult to determine at this time the exact number of households that will be incorporated into this project. The actual figures will be determined once awards have been made and reports from subrecipients have been received. It is expected, as in past years, that a number of Andover and area households being aifected. IX. Andover believes that its financial involvement in public service program funding is vital to the growth of services required for a growing community. Andover recognizes the need for programs that serve both local and regional clientele and this effort is part of the overall effort to fund public service programs throughout the Twin Cities metropolitan area. X. David L. Carlberg, City Planner is the project contact person. XII. David L. Carlberg, City Planner, Daryl Sulander, Finance Director and William G. Hawkins, City Attorney are the individuals authorized to request reimbursements for project expenses. XIII. PROJECT SCHEDULE April 1, 1993 - May 7, 1993 Receive Applications, City Council Review June 15, 1993 Funds Awarded to Public Service Programs PROJECT #1 " ''\ \.....J PRELIMlNAI.~ PROJECT REQUEST Anoka County Community Development Block Grant - 1993 I. PROJECT NAME Andover Comprehensive Planning II. PROJECT ACTIVITY The proposed project is the continuation of the 1989 CDBG Program and will update and improve long range planning efforts within the City. The current Andover Comprehensive Plan was completed in 1980 and approved in 1982. It addresses few if any housing, (low and moderate income) issues. Because of the rapid growth experienced by Andover, the Comprehensive Plan should address public services and facilities. Administrative costs will be included in this project. , " <.J All residents of the City of Andover will benefit from the update and improvement of the City's Comprehensive Plan. As the City continues to grow, residents will be better served if the City has long range goals and plans with which to guide development. III. & IV. PROJECT DURATION The Comprehensive Plan was projected to take three years to update, including plan preparation, public input, City approval, Metropolitan Council approval and publication. However, with recent difficulties encountered receiving Met Council approval the project will need to be continued. The City Comprehensive Plan will guide development and City improvement for the next five to seven years and if implemented properly, into the next century. V. This project would address the problems of housing, sewer and water capacity planning, parks and recreation, public facility development, commercial development and other development and growth issues. ", , ) '- VI. The Andover City Council proposes to use $20,000 in 1993 for the continuation of the task of updating the Comprehensive Plan. Total dollars spent will depend upon the resources needed to resolve the issues imposed upon the City by Met Council. Page 2 Andover CDBG proposal February 16, 1993 VII. 1992 p1anni~g Costs $ 20,000 VIII. Because this project will be a City-wide effort, it is impossible to determine at this time the number of households that will be served by this project. However, it is expected that the project will impact the community as a whole. IX. Andover believes that planning long range growth is vital to the proper use of resources within the City, including finances and land. As the City continues to improve long range planning efforts within the City, all residents will benefit from a better living environment. X. David L. Carlberg, City planner is the project contact person. XII. David L. carlberg, City planner, Daryl Sulander, Finance Director and William G. Hawkins, City Attorney are the individuals authorized to request reimbursements for project expenses. XIII. PROJECT SCHEDULE January 1993 Metropolitan Council Review & Recommendation February - March 1993 March 1993 to July 1994 City Council Review Transportation Study? / '\ . I '",J PROJECT #3 PRELIMINARY PROJECT REQUEST " Anoka County Community Development Block Grant - 1993 I. PROJECT NAME Andover Neighborhood Revitalization II. PROJECT ACTIVITY The proposed project is an on-going continuation of the City's effort to clean up blighted properties. rhe project will include the identification of bligh:ed properties, the acquisition of the properties, p~ssibly the demolition/removal of blighted and/or substa~dard structures and the resale of the property for ne~, more energy efficient single family homes or commerci~l properties. Administrative costs will be includ~d in this project. o The total number of persons receiving benefit fr~m this project is unknown at this time. These fig~res will be determined by the number of blighted pro?erties identified and cleaned. Neighbors living in clo5e proximity to the ,proposed acquisition sites will benefit from the removal of substandard and bligited structures and from the clean up of the surrounding neighborhood. III. & IV. PROJECT DURATION This is an on-going project in the City of Andov~r. The identification, acquisition and demolition/r~moval will continue through the duration of the projec~. The City will evaluate the project in the near futur~ to determine the program's effectiveness and if the program will continue. V. This project would address the problems of neigh~orhood blight, substandard housing and energy efficient housing. VI. The funding for the Andover revitalization proje:t will come from the project income from the sale Jf lots acquired in the past. The City is also requestilg $5,000 be allocated toward the project for the 1193 fiscal year. /-', '",) Page 2 Andover CDBG Proposal February 16, 1993 VII. The cost of acquisition of the property and/or demolition of the blighted structures wi1~ be determined with the appraised value of the prope:ties and agreed purchase prices. VIII. Because this project will be a City-wide effort, it is impossible to determine at this time the number Jf households that will be served by this project. IX. The acquisition of property and or demolition of blighted structures is anticipated to be a long term project for the City of Andover. The City recognizes the need to remove substandard and blighted structures from the City's housing pool and in addition, to improve the quality of housing within the City. X. David L. Carlberg, City Planner is the project c~ntact person. XII. David L. Carlberg, City Planner, Daryl Sulander, Finance Director and William G. Hawkins, City Attorney are the individuals authorized to request reimbursements for project expenses. XIII. PROJECT SCHEDULE, May 1, 1993 - July 1, 1993 Identification anj inventory of b1ig~ted properties or substandard structures. July 1, 1993 - June 30, 1994 Property acquisition, structure demolition and removal, property resale. o PROJECT #4 PRELIMINARY PROJECT REQUEST Anoka County Community Development Block Grant - 1993 I. PROJECT NAME Alexandra House - New Emergency Shelter Facility II. PROJECT ACTIVITY Alexandra House has requested the City of Andover allocate $15,000 of 1993 CDBG funds to construct a new emergency shelter facility to meet the critical need for emergency housing and for community advocacy for battered women and their families in Anoka County. The City is unable to allocate the full amount requested, but has approved through the Andover Housing and Redevelopment Authority $5,000 for 1993. This project will serve the residents of Andover. In 1992, 107 women and children of Andover were served by Alexandra House. o The total number of persons receiving benefit from this project in 1993 is unknown at this time. These figures will be determined by Alexandra House and reported back to the City. . III. & IV. PROJECT DURATION The City at this time, is only committing 1993 CDBG funds to the project. Additional funds may be allocated in the spring of this year. The City will evaluate the project in the future to determine the program's effectiveness and if the City will contribute future CDBG funding. V. This project would provide an emergency shelter facility for battered women and their families. Andover residents will be able to benefit as well. VI. Because this project will be a county-wide effort, it is impossible to determine at this time the number of Andover residents that will be served by this project. Statistics provided by Alexandra House for 1992 indicate that 107 women and their children were served. VII. Pat Prinzevalle, Executive Director, Alexandra House is the project contact person. o VIII. David L. Carlberg, City planner and Daryl Sulander, Finance Director are the individuals authorized to request reimbursements for project expenses. IX. PROJECT SCHEDULE July 1, 1993 Distribute funds to Alexandra House o o o EXHIBIT A PROJECT DESCRIPTION AND BUDGET Amount of CDBG funds provided by Anoka County for the program year beginning in 1993 to Citv of Andover for: oroiects listed below $42,094.00 Brief list or description of goods and/or services to be provided by the above-named organization with the assistance of the CDBG funds (include description of target population to be served): Budget Detail Comprehensive Plan #320 Public Service Pool #321 Neighborhood Revitalization #322 Unallocated #399 $20,000.00 * 12,476.00 5,000.00 4,618.00 $42,094.00 See attached Preliminary Project Request(s) for programmatic details. *Does not include Alexandra House, ARC, or RISE, Inc. which are covered by separate contracts. Uaison per Section 4A: Authorized to sign vouchers & reports per Section 4A: Project to be completed by (date): I June 30, 1995 CDBG-69 ~ Proj. ~~ !L Proiect Budaet Obiective Andover 320 Comprehensive Plan $20,000 7 City will continue city-wide comprehensive planning activity. 321 Public Service Pool $15,000' 6 Eligible agencies which provide human services, recipient agencies to be chosen later; city-wide. 322 Neighborhood Revitalization $5,000 2 Identification of blighted properties city-wide followed by acquisition, clearance and disposition of cleared sites. 399 Unallocated $4,618 Anoka 323 Sidewalk Accessibility $26,000 5 o Curb cuts and ramping to make city sidewalks accessible. Branch Avenue (Park Street to U.S. Highway 10), Fremont Street (State Avenue to Franklin Lane), Fifth Avenue (Maple Lane to Tyler Street), Sixth Avenue (Polk Street to Tyler Street and Monroe Street to Madison Street), Madison Street and Second Avenue Intersection, Third Avenue (Madison Street to Adams Street), Northwest Intersection of South Street and Ninth Avenue. 324 Public Services $24,500 6 Funding of local public service agencies that serve the entire city including but not limited to: Senior Van (Anoka Hennepin Community Ed!. Northwest Suburban Kinship, ACCAP Senior Outreach, Family Ufe Mental Health Center, North Suburban Family Counseling Center. 363 Economic Development Planning $11,616 7 Update and maintain data base on city business. Blaine 325 Economic Development $71,500 4 Loans to businesses that will create jobs for members of low income households. Specific recipients to be determined. Location is any properly zoned area in the City of Blaine. !\. o - 1 - o 326 Public Services $26,500 6 Funding of local public service agencies that serve the entire city of Blaine including but not limited to Family Ufe Counseling Center, Central Center for Family Resources, ACCAP Senior Outreach, North Suburban Counseling Center, Community Emergency Assistance Program, Meals on Wheels, North Metro Adult Education, North Suburban Kinship. 334 Business Retention $30,000 7 Planning project to survey and develop data base on existing business to consider means of business retention. Circle Pines 342 Public Building Accessibility $16,342 5 Automatic doors, hearing impaired sound systems, access ramps, restroom modifications, and related signage to remove architectural barriers in the following buildings: City Hall, 200 Civic Heights, Inner Drive Park Building, Baldwin Park Building, Carl Eck Park Building. 343 Senior Outreach $3,500 6 U Contribution to Anoka County Community Action Program to provide outreach services to seniors anywhere within the City. 343 TDD Purchase $500 5 Purchase of a TDD for City Hall. Columbia Heights 328 Public Services $24,244 6 Funding to several non-profit agencies that will provide services to primarily low income residents of the City including but not limited to: ACCAP Senior Outreach, Central Center for Family Counseling, District 13 Community Education, Meals on Wheels. Southern Anoka County Assistance. 330 Neighborhood Revitalization $34,300 2 The city will identify individual blighted structures. acquire and clear them and sell the vacant lots for housing construction. The structure(s) may be anywhere within the city. o - 2 - (j '--j 331 Columbus Township 314 314 Coon Rapids 332 '--J -- 333 335 East Bethel 336 337 () -- Architectural Barrier Removal in Public Facilities $125,905 5 John P. Murzyn Hall, City Hall, Fire Department, Police Department, Municipal Service Center, Public Library, McKenna Park, Gauvitte Park, Huset Park, Southwest Park, Prestemon Park, Ostrander Park, Silver Lake Beach, Keyes Park, Mathaire Park. Senior Coordinator $10,000 6 Senior recreation coordinator, office at Senior Center, 1 6318 Kettle River Boulevard. Senior Outreach $1,387 6 Contribution to Anoka County Community Action Program to provide outreach services to seniors anywhere within the City. Headstart Expansion $47,889 Installation of telephone system in expansion of facility at 9574 FOley Boulevard, Coon Rapids. Economic Development $54,641 4 Loans to private for-profit businesses that will create new employment primarily for members of low income households. Recipients to be chosen by evaluation of applications received. City-wide in properly zoned areas. Public Services $32,350 6 Funding for non-profits that provide services to citizens throughout Coon Rapids including but not limited to Senior Companion, Northwest Suburban Kinship, Meals on Wheels, Opportunity Services, ACCAP Senior Outreach. Community Emergency Assistance. Coon Lake and Central Avenue Redevelopment $38,524 2 Acquisition, clearance, and disposition of blighted properties within the following areas: Coon Lake Beach Neighborhood, east side of Coon Lake, bounded by Lakeshore and Poplar Drives and Maple Road: Central Avenue between 205th Avenue and County Road 74. ACCAP Senior Outreach $2,264 6 Outreach services to senior citizens throughout East Bethel. - 3 - Fridley U 339 Public Services $30,600 6 Funding to non-profits to provide human services throughout the City of Fridley, Recipient agencies to be chosen at later date. Ham Lake 340 Senior Center Renovation $26,500 3 Expansion of the Senior Center at 15544 Central Avenue N.E. to accommodate growing senior population. 341 Public Services $4,335 6 Funding to non-profits to provide human services to any qualifying city resident. Agencies to be funded include but are not limited to: ACCAP Senior Outreach, Meals on Wheels. 341 TDD Purchase $468 6 To be placed in City Hall Hilltop 345 Public Facilities/Clearance $37,922 3+2 .,' " .J The City will complete as much of the following, in order by prioritization, as available funding will allow: City water system - improvements needed to increase water pressure in the northeast section of Hilltop and to eliminate "dead-ended" lines, city-wide; Sanitary Lift Station - serving approximately 90% of the City's residents, purchase and installation of pump and lift station and piping/hardware; Clearance of structure at 4518 Central Avenue. ' Lino Lakes 316 Senior Services $14,125 6 ACCAP Senior Outreach and staffing of the Senior Center at 1189 Main Street, serving senior citizens of Lino Lakes as well as some surrounding areas. 346 Planning for Accessible Recreation $6,434 5 Prepare a plan to make the City's recreational facilities and programs accessible to those with disabilities. 399 Contingency $3,275 Ramsey 361 New Housing Development $17,922 '-) Write down the cost of land to support construction of a new single family house to be sold to a lower income first time buyer. Site to be chosen at a later date, - 4 - ,--'\ , , ---' ) Spring lake Park Multicity , , \",j ,-- -'. ',_.J 362 347 399 348 349 350 365 398 398 Land Use Plan $11,485 7 General ,land use plan for the City which will determine housing needs and , priorities. Public Services $9.075 6 Funding to non-profits to provide human services to any qualifying city resident. Agencies to be funded include but are not limited to: Central Center for Family Resources, Senior Outreach. Contingency $2,879 Uncommitted. Alexandra House Operating $27,100 6 Funding of emergency shelter and outreach/education for battered persons and their children. location not published. Service delivered County-wide, ARC $10,500 6 Funding for toy library and teen/adult recreation for persons with disabilities at 11 00-90th Avenue N.E., Blaine. RISE $24,500 6 Purchase of a van to transport clients in sheltered workshop at 8406 Sunset Road, Spring lake Park. Alexandra House Development $186,927 2 Construction of a new facility which will include emergency residential. office, and meeting space to provide shelter and programming for battered persons and their children. Economic Development Program Income $275,000 4 Estimate of loan repayments to be received on business loans. Will be deposited to revolving funds to continue the same activities in the cities of Blaine, Ham Lake and Coon Rapids. Exact sites are unknown at this time. Housing Rehabilitation Program Income $43,000 Estimate of repayment to be received on deferred forgivable loans that are repaid because of change in ownership or use. Will be deposited to a revolving fund to continue the same activity County-wide. - 5 - ~J 398 Miscellaneous Program Income $25,000 \ , Estimate of revenue to be received from miscellaneous activities including but not limited to land sales and business loan repayments that are not dedicated to revolving funds, but may be reallocated through the HUD. required processes. 399 Unallocated - Areas III and IV $77 .420 County 351 General Administration $121,500 352 Economic Development Planning $71,200 Special and feasibility plans to guide economic development activities which will increase jobs for lower income persons in Anoka County. May e completed by County staff or by other agencies. 353 Housing Rehabilitation $368,253 1 Rehabilitation of housing units county-wide occupied by lower income persons. All units will meet Section 8 liveability standards unless work is completed to correct emergency conditions where it is not possible to improve the housing unit further within the program guidelines. () 354 Anoka West Rehabilitation $100,000 1 Rehabilitation of 64 rental units in four buildings at 2808/2818 Verndale and 2807/2817 Euclid, City of Anoka. ACCAP will purchase the buildings from private owners and will rehabilitate them to Section 8 and City code standards using a combination of State and Federal programs. /" '\ U - 6 - o () ,:.) r BOARu ->F COUNTY COMMISSIONERS Anoka County, Minnesota uhibit C DATE April 23, 1995 RESOLUTION NO. ~5-42 OFFERED BY COMMISSIONER LanQfeld , CO\.J'/TY BOARD POLICY - COMMUNITY tk-vELOPMENT BLOCK GRANT PROGRAM INCOME AMENDING RESOLUTIONS 81-107 AND 82-53 WHEREAS, Tille I of the Housing and CommlK'lity Development Act of 1974 as amended provides for 0 program of CommlK'lity Development Block Grants; and, WHEREAS, the Anoko County Boord of Commissioners hos been designated os on "Urban COlK'lty" by the Federol Housing and Urban Development Department and consequently is eligible to paticipate in the Notional Community Development Block Grant Program; and, i " T WHEREAS, the Anoka County Board of Commissioners hos directed the preparation of 0 plan under the Community Development Block Gront Program in concert with the municipalities of Anoka County; and, WHEREAS, as 0 portion of said plan, mlK'licipolities as the sub-<}rontee of Community Development Block Grant .funds may utilize said funds in various prooram forms to benefit low and moderate income persons, to aid in the prevention or elimination of slums or blight or to meet other community development needs hOlling 0 particular urgency because of threat to health and safety; end, WHEREAS, "program income" meons gross income earned by the sub-grantee from the grant supported activity such as: proceeds from the sole of real or personal property, interest earned on escrow accounts, revolving rehabilitation accounts or lump sum rehabilitation accounts, income from service fees, sole of commodities, usage or rental fees, loon proceeds from rehabilitotion or economic development loans, and interest earned on revolving loons and proceeds from special ossessments levied to recover the cost of constructing 0 public works or facility to the extent that such cost was initially poid with the Community Development Block Grant funds; and, WHEREAS, in acc:ordanc:e with Federal regu,ations. Anoi<a County os the Community Development Block Gron't recipient musr receive all progrcm inco~e. The County then may use said funas for ony elioible Community Develoomen-: Sloc~ Grant activity and tne County mus~ expend reve~ves generated by program income before further drawciown requests will be authorizec; anci, WHE?E:A5, poymen!s of interesT one princioal ciue an ec:onomic: developmenT loans to private inovst:"y. y,,'nic:, O~e mooe 10 C r~olvino loon occoun':' which was coproved as c C.D.CoS. granT TO c StaTe-ce'tified local a~elopment corporation ore not consioered by HUD to be "program income": NOW, THE:?EFORE. 3E: IT RE:SOLVE:D thert the Anoka County Board of Commiss!one~ aoes nereoy estoblisn os c mcrter of policy thO':': J) At! i:-:,=ome fra-n C::>9G-fundec octivities w~ien meets the above oefinition of p,ogram income, s:'\oll oe promptly fo,wc,dea to Anoka County, 2) Each LD~ which has c C::>SG revolving loon account for economic develoomen~ will retain icon repayments within tne Decoun': for continueci use for econo~ic aevelopment and rnaT The County or the city will execute on aareement with tne L::lC whiCh will inclucie: - 0) Prohibition of conflict of interesT as p,ovided in HUD Regulation 24CFR ParT 570.61 J. b) Comp,iance with Title VI of the Civil Rig:'\TS Act of 1964. c) Reeuire:TIent for The LDC to submit euorTerly reoo"s to the Anoi<c County Community Deveiooment Director r~crding 1he use and results of expendiTure of funas from the revolvin~ loan aecount for so long as Anoka County remains a:'\ entitlemenT county, c!) Any otne, provisions required by Stete or Feaerollaw 0' regulation. (J o :.J I I RESOLUTION 185-42 (Continued) Poge 2 3) Anoko County will establish os of May I, 1985, 0 revolving loon occount for deposit of 011 economic development loon payments received by Anoko County. BE IT FURTHER RESOLVED thot, 011 program income received by Anoko County from activities funded in total or port from a municipolity's CDBG project will increase thot community's budget for eligible CDBG activities and sholl therefore be available to ,the community for future expenditure pursuant to the Joint Cooperation Agreement in effect at the time of expenditure. YES NO District Iii - Hoes X Hoes District fi2 - Surmc!'l X Surman DiSTrict 1!3 - LO!'lgfe,c X Longfeld District 11:';' - ~ordio..: >: KordioK District 1/5 - CenoiKo >: Cenoii<o District fig - McCarron X McCarron District fn - Erhart X Erhart Stote of MinP'jesota ) SS County of Anoko ) It John "JOY'" McLinden, County Aominis't:-oto:, Anoka CounTy, Ndnnesotc, hereby certify lnot I hove com;>ored me foregoing CODy of tne resolution of tne County Boord of said County with the orioinol record thereof on file in the Administration Office, Anoko County, Minnesota, as-stated in the minutes of the proceedinas of said Soard at c meeting duly held on A:>~iJ 23, 1ge5, one tno~ th~ some is c true one corree, copy of soic original record and o~ the whole tnereo!, and thot soid resolution was duly passed by said 500rd at said meet inc. Witness my hand ane seal this 23rd doy of April, 1985. o C) .~ r aOARI:. JF COUNTY COMMISSIONERS Anoka County, Minnesota Exhibit D 85-71 DATE February 21, 1985 RESOLUTION NO. OFFERED BY COMMISSIONER Langfeld TIME!.. Y EXPENDITURE OF C.D.B.G. Fl..NOS WHEREAS, Anolca County is an Entitlement County and therefore receives annual Community Development Block Grant (CDBG) allocations frem the U.S. Deportment of Housing and Urt>on Development; and, Wl-€REAS, the Anolca County Boad of Commissioners makes these CDBG funds available to municipalities in AnoIca County for eligible projects; and, Wl-€REAS, Anoka County, os the grantee, is responsible for the timely expenditure of coaG fundS; and, Wl-€REAS, Anoka County's perforrnan:e is measured in port by such timely performance; and, WHEREAS, Anolca County may be subject to HUD fiscol san:tions for failure to expend CDBG funds within a reasonable period of time: NOW, THEREFORE, BE IT RESOLVED that the Anoka County Boord of Commissioners odopts the following Policy Regarding Schedule for Expenditure of Community Development Block Grant Funds by Anoka County Sub grantees: POLICY REGARDING SCl-EDULE FOR EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BY ANOKA COUNTY SUBGRANTEES Community Development Block Grant Funds will be reserved for eligible budgeted subgrantee activities for up to 18 months after notice of availability of such funds for expenditure. If a community foils to expend CDBG project funds within that time limit, the Anoko County Boord of Commissioners will withdraw the allocation for that project. In order that communities may have adeouate notice of the impendino withdrawal, County CD3G stoff will notify those communities wnich hove not com;'illed COSG project funds within 12 monthS after the slorl of tne opplicable CDSC progrom yeO!' of that conditio,.~ Such notice will enoble those communities to re-evaluate projects and to progrom The funds if necessary. Those communities which ore in violation of the I e month rule at t"e time of adoption of this policy will De given six montr.s from tne acte of tne County Soard Resolution referen:ins tr.is policy, TO expend their CDBG project funas. AT tne end of tr.e six month peria<:, me funds will be subject to withdrawal. Ii Ii The Anoi<o County Score may on on individual case basis, elect to waive 1ne 18 month rule i~ me Soore shoulc: oetermine tho! the pro;~t ot!loy is CQVSt!C b~ forces outsioe th~ control of the co~munity ond thO! project compleTion is it!osible witnin c reasonCl:lle amounT of time. Funds wnicr. reve~l to Anoico County s.'loil be reallocated at tne discretion of the County Soard TO either other projecTs suominec by c,;ommunities or to County-wiae Qctivities. Any communiTy Dosed gruv_,-,:) ot "tr.er ~...-=;:"c~'!'~e! "f C~fT'ImlJnities must be notified of this policy when they cre considered for CD3G funding. '--J o II \ t II i , , , , I I I ; / I ) I ! I ! RESOLUTION 185-23 (Continued) YES NO District II - Hoas X District /12 - Burman X District /13 - Langfeld X District 14 - KordiDk X District tiS - Cenaika X District tI' - McCarren X District tl7 - Emert X Hoas Burman Langfeld Kordiclc Cenaika McCarren Erhert State of Minnesota ) SS County of Anoka ,) I, John "Jay" McLinden, County Administrator, Anoka County, Minnesota, hereby certify that I have compered the foregoing copy of the resolution of 1I\e County Boord of said County with the original record thereof on file in the Administration Office, Anoka County, Minnesota, os stated in 1I\e minutes of 1I\e proceedings of said Board at a meeting duly held on February 21, 1985, and that the same is a true and correct copy of said original record and of 1I\e whole 1I\ereof, and 1I\at said resolution was duly passed by said Board at said meet ing. Witness my hand and $ealthis 21st day of February, 1985. II , ') '--../ '\ \.J " -) DATE BOARO \F COUNTY COMMISSIONERS Anoka County, Minnesota August 12, 1986 86-70 [x,dbit E RESOLUTION NO. Haas Steffen OFFERED BY 'COMMISSIONER " COUNTY BOARD POLICY - COMMUNITY DEVEl.OPMENT BLOCK CRANT PROGRAM INCOME AMENDING RESOLUTION 85-42 WHEREAS, Title I of the Housing ond Community Development Act of 1974 as amended provides for a program of Community Development Block Grants; and, WHEREAS, the Anoko County Board of Commissioners has been designated as on "Urban County" by the Federal Housing and Urban Development Department and consequently is eligible to participate in the National Community Development Block Grant Program; and, I' I I I I i I WHEREAS, the Anoka County Board of Commissioners has directed the preparation of a plan under the Community Development Block Grant Program in concert with the municipalities of Anoka County; and, WHEREAS, as 0 portion of said plan, municipalities as the suO-grantee of Community Development Block Grant funds may u1ilize said funds in various program forms to benelit low and moderate income persons, to aid in the prevention or elimination of slums or blight or to meet other community development needs having a porticulor urgency because of threat to health and safety; and, WHEREAS, "program income" means income earned by the suO-grantee from the grant supported activity such as: proceeds Irom the sale of real or personal property, interest earned on escrow accounts, revolving rehabilitation accounts or lump sum rehabilitation accounts, income from service fees, sale of commodities, usage or rental fees, loon proceeds from rehabilitation or economic development loans, and interest earned on revolving loans and proceeds from special assessments levied to recover the cost of constnJcting a public works or facility to the extent that such cost was initially paid with the Community Development Block Grant funds; and, WH::REAS, in accordance with Federal regulations, Anoke County as the Community ::levelopment Block Grant recipient must receive all program income, to b~ ust!C for any elioible Communi tv Development 9loc~ Gron~ activity Q~C the County must expend reven~es generated by program income bel ore further dr~wdown request"s will be authorizec: NOW, TH::R::FORE, B:: IT R::SOLV::D that th~ AnoKa County Boord of Comm!ssioners does hereby establish os c mO~T~r of policy that: :) ~II C:J3G ;>roorom income meetinc the ooove defini1io:'l, excepr payments to c County-~prov~d ~:>C revolving loon account, s:1011 be promptl,.. forwaroed 10 AnoKe County. 2) :::och L::>C which has c :::>9(; revolvin; 100", ac=oU!1~ fo:" eco~~mi= c:ieveJo=,me~t will retain loc:"", !'e:lo:,me~ts witnir. t':"le account TO:" con!inued use fo:" economic c:ievelop:"T\ent sut>ject 10 oil C:>3C regulo1ions, one tno~ tne Covr,1Y or the city will execute 0:1 agreement with the L:)C which will incluo'!:: 0) Prohibition of conflict of interest os provided in H~::) Reoulotion 24CFR Part 570.61 :. - b) Compliance with 7itl~ VI of the Civil Rights Act of 1%4. c) R~quirem~nt fa, the :...DC to suomit quarter,y reports to th~ Anoi<c County Community ~~velo?ment nirector regcrding the use ond :"esults of expenci1ure of funds frem the revolving loon occount for so long os Anoko County remoins on entitlement county. .:) A"y other provisio'ls require': ~y Stete 0' Federal 10"" 0' regulalior. 3) Anokc Count,.. has esta~lished os of f.flo,:, I, 19=5, C revolving loc~ accoun! for de;::>osit of all eco~o;":"lic oevelojJmen-r 100:1 pcyments received by Anokc Coun1)'. 8:: IT FURTH::?' RESO:"V::D lhat, all progrom incom~ receive': by hnoko County from activities h::1ced in 10101 0" pa~t fro"":"l c municipality'! CD3G project will increase th:J1 community's ~uaget for eligi~le CD3Gactiviti~s and shell therefore b~ ovoilcble to the commvnitr for future expendiiure pursuant to the Joint Coo;>erotion hgreerT,ent i:"1 effect ot the time of expendiTure. i~J , ) \...' , \ o II RESO\.UTION '86-70 Page 2 Y""t:.S NO District'l - Haas Steffen District 1/2 - Burman District 1/3 - Longfeld District 114 - Kordiok Dis Irict 1/5 - Cenoiko District fI(, - McCarron District fl7 - Erhart x X Abs....t X X X X Haas Steffen Burman Longfeld Kordiok Cenoiko McCarron Erhart State of Minnesota ) ss County of Anolco ) , 1 I, John "Joy" McLinden, County Administrator, Anolco County, Minnesota, hereby certify that I hove compared the for~oing copy of the resolution of the County Boord of said County with the original record thereof on file in the Administration Office, Anoka County, Minnesota, as stated in the minutes of the proceedings of said Boord at a meeting duly held on August 12, I ~8(', and that the same is a true and correct copy of .soid original record and of the whole thereof, o:'Id that said resolution was duly passed by said Board at said meeting. Witness my hand and seal this 12th day of August, 1~86. ..' <J F '\ "-.) t:J EXHIBIT F CERTlRCA TlON The Undersigned, on behalf of the Agency, certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying,' in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1332, title 31, U,S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. AGENCY By: By: Its: Its: Date: Date: CITY OF ANDOVER " REQUEST FOR COUNCIL ACTION DATE Julv 6, 1993 AGENDA SECTION NO. Staff, Committee, Commission ITEM Commercial Park Lot NO. Purchase - Lot 3, Block 1 "For Kids only" ORIGINATING DEPARTMENT APPROVED FOR AGENDA -=L Planning BY: David L. Carlberg City planner If. REQUEST The City Council is requested to discuss and approve the sale of Lot 3, Block 1, Andover Commercial Park to "For Kids Only" a day care facility currently operating at Crosstown Square. ECONOMIC DEVELOPMENT COMMITTEE RECOMMENDATION '-..) The Andover Economic'Development Committee (AEDC) at their June 9, 1993 meeting made the motion to recommend to the City Council approval of the sale of Lot 3, Block 1 to "For Kids Only" for $26,840. This is based on a cost of $0.55 a square foot. The Committee also agreed that connection and related fees shall not exceed $7,298. Attached are the minutes from the AEDC meeting of June 9, 1993. MOTION BY: '-.) TO: (0 !~OVE~::O::C~~~= COMMIT'EE MINUTES - JUNE 9, 1993 The Monthly Meeting of the Andover Economic Development committee was called to order by Mayor Jack McKelvey on June 9, 1993, 7:40 p.m., at the Andover city Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Also present: Mike Auger, Larry Dalien, Robert Nowak, Rebecca Pease Howard Neisen, Bill Coleman, Mike Knight, Gregg Kroll City Planner, Dave Carlberg Members present: Members absent: APPROVAL OF MINUTES May 12, 1993: Correct as written. MOTION by Dalien, Seconded by Auger, approval of the Minutes. Motion carried on a 5-Yes (McKelvey, Auger, Dalien, Nowak, Pease), 4-Absent (Neisen, Coleman, Knight, Kroll) vote. o COMf.'.ERCIAL PARK LOT PURCHASE DISCUSSION 1-1r. Carlberg reported the representatives of "For Kids Only" decl:"i':ed the Committee's recommendation to purchase Lot 3, Block 3 ~heir day care facilities. They are proposing instead to purchase 3, Block 1, which is almost 1.2 acres in size. have for Lot ,jud,y Gieske and Lauri Pfeiffer - represented "For Kids Only". Ms. Gieske stated they polled the parents of the children they care for, and t~e majority preferred Lot 3, Block 1 because of its easy access from the main roads. That lot also lends itself better to their layout with a playground all around the building. Plus the southern lot proposed by the committee would be off the path enough where they would be difficult to see because of the big buildings around it. They have 113 children cnrc~led, and they are full. Hopefully they will be able to increase 'chat ;,lith a bigger building and more playground. They are not concerned about the traffic because the once the children are there, they will be either inside the building or in the playground immediately adjacent to it. There is no need to go outside of the fenced area. Plus the ch:..ld~en love to watch the trucks coming and going and there is the pond on the north side. o l1s. Pfeiffer stated at first they thought they would need both Lots 3 and 4 of Block Ii but after going into greater detail on their plan, they find they don't need both. They prefer Lot 3 because of the excessive traffic on the corner of Lot 4. Andover Economic Development Committee Hinutes - June 9, 1993 Page 2 u (Commercial Park Lot Purchase Discussion, Continued) Ms, Gieske explained there would be no parking on the street. They would have enough parking for their employees plus for parents dropping off or picking up their children. Parents are usually there for not more than four or five minutes. They have between 11 and 12 Staff at anyone time. They would like to have a u-shaped driveway to avoid congestion and as a safety factor. Mr. Carlberg stated the ordinance does not directly address day care centers; so in the review process, the Andover Review Committee will have to determine the number of parking spaces required to accommodate employees and clientele. Also, only one access per road frontage is allowed, so they may have to vary from that for a U-shaped driveway. Mayor McKelvey thought that most day care centers have two driveways for traffic. He has also observed that there is rarely more than five or six parents dropping off or picking up children at a time. (0 Ms. Gieske stated their present lease is up in June, 1995. They propose purchasing this lot, but not to start building until October, 1994. The size of the building is required to be 35 square feet per licensed child. She estimated about half of their employees are Andover residents. The Commission determined the size of the building desired will adequately fit on Lot 3, Block 1. They would be allowed to fence right to the property line. The Commission generally agreed to the proposal to sell Lot 3, Block 1. MOTION by Nowak/ Seconded by Pease, recommend that Lot 3, Block 1 of the Commercial Park be sold to "For Kids Only", Inc. Motion carried on a 5-Yes (McKelvey, Auger, Dalien, Nowak, Pease), 4-Absent (Neisen, Coleman, Knight, Kroll) vote. Discussion then centered on determining a cost for the lot. Mr. Carlberg stated the first lots were sold at $0.65 square foot and negotiated costs for the connection charges for sewer and water. The last few lots have been sold at $0.55 square foot with no negotiations on connection charges. For Lot 3, Block 1, the cost would be $31,720 for 50.65 s.f. and $26,840 for $0.55 s.f., for a difference of $4,880. He reviewed the breakdown of the various fees, with the end result based on v./hat was done on the past being a total cost of $7,298 for the various fees. The Committee debated a reduction in the cost per square foot of the lot versus a negotiation for connection charges and what was done in the past. ~) Ms. Gieske preferred a negotiation in the connection charges. She asked if the City offers terms for the payment. Or they would be willing to pay $iO,OOO down if it would help their negotiations for the lot. That additional money can then be invested by the City, Mr. Carlberg stated the City is not in the financing business, that the firms are expected ~o secure their own financing. The receipt of a larger down payment has not been done in the past. The $1,000 down required is the earnest money on the lot to hold it until the final papers are signed. ,:' ''', "J Andover Economic Development Committee Minutes - June 9, 1993 Page 3 (Commercial Park Lot Purchase Discussion, Continued) One option suggested by the Committee would be to eliminate the sewer and ~!Gter connection charges but to still require the building permit and other fees. Ms. Gieske was concerned about not having any control over the fees and, consequently, over the amount of their loan. They would prefer a fixed negotiated amount so they know exactly what they are liable for. The Committee stated there probably would not be a large increase in the amount of the fees, but there may be some increase. Ms. Gieske asked if they could pay the balance in October, 1994, when they start construction. The Committee noted the past sales have been completed within 60 days of signing the purchase agreement, though they understood the position of the day care center. The Committee thought an exception could be made but felt a specific date should be agreed upon for closing the agreement so the City doesn't potentially have the purchase agreement for years. Mayor McKelvey suggested the package include the specific fees and connection charges that would not change, so they have an exact package of costs at the time of the down payment. :J , \. In cOiltinuing the discussion on negotiating the costs, Mr. Auger preferred that a specific policy be established so that all potential buyers are treated the same. MOTION by Auger, Seconded by Dalien, to offer the sale of Lot 3, Block 1 for $0.55 square foot plus connection charges, and there would be no increase in the connection charges at the time of the final payment. DISC~SSION: Mr. Carlberg estimated the cost would be $26,840 for the land and $7,298 for the connection charges, for a total of $34,138 as the price of the lot paid at the time of construction. Ms. Gieske asked if there is some type of easement for a sign on Bunker Lake Soulevard. Mr. Carlberg stated the City can look at that. Some parks have signs on the major roads indicating the businesses in the COIT.:1e::-cial Park. Mayor McKelvey felt there may be a possibility of putting a temporary one on the corner. The Committee also agreed the Attcrney should establish a closing date in the agreement, but left it to ~r.~ Staff and the Attorney to set a date that is reasonable. Motio~ carried on a 5-Yes (McKelvey, Auger, Dalien, Nowak, Pease), 4- Abse~t (Neisen, Coleman, Knight, Kroll) vote. PURCHASING OF AUTO RECYCLING/JUNKYARDS () Mayor McKelvey stated he approached the parties at Mom's Auto Body and Andever Auto indicating the Council has requested letters from them as to what they would be willing to sell their businesses for. He has not yet receL'ed those letters, There is a possibility another business may be going tax forfeit along Bunker Lake Boulevard, which would mean the City Tay be able to clean up a large portion of that area. No action was t~ken by the Committee. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA ~. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Staff, Committee, Cnmmic:c:inn Planning ~ ~ BY: David L. Carlberg, city Planner ITEM ~. Tree Commission Appointment IS-. REQUEST The Andover City Council is asked to re-appoint Dave Parent to the Andover Tree Commission. His term will expire on December 31, 1994. \ , '--.1 MOTION BY: , ) TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 Planning APPROVED FOR AGENDA AGENDA ~. SECTION staff, Committee C'nmmi!':sion ORIGINATING DEPARTMENT ITEM ~, Oak Wilt Control plan Budget DNR Grant Application ~ BY: David L. Carlberg, City Planner 16. REQUEST The City Council is asked to approve the attached Oak Wilt Control plan, 1993 Oak wilt Budget and the DNR Grant Application. All are related to the City's effort in combating the oak wilt problem in the City. "- ,) MOTION BY: ) TO: :~ , , v \~ CITY OF ANDOVER OAK WILT CONTROL PLAN I. Control Plan Objectives The purpose of the Oak Wilt Control Plan is to: A. Set procedures and guidelines for the systematic reduction in diseased areas (infection centers). B. To terminate or greatly reduce the infestation of infection of new areas. The plan aims at defining the city's goals based upon realistically achievable activity. The plan will be assessed yearly with modification possible throughout the season. The plan will identify areas of concentration for educational programs which will be implemented to help reduce the overland spread of the disease. C. To actively promote education of the oak wilt disease. The education program will include, but is not limited to, the use of the media such as the City's newsletter and cable access channel, informational brochures handed out at key City functions such as "Recycling Day" and daily at the Andover City Hall. II Area Involved The Control Plan will cover the entire City of Andover. Andover, previously Grow Township, covers over 34 square miles with an estimated population of 19,000 as of January 1, 1993. III Oak Wilt Inventory A. The oak wilt data base will utilize the current base map available through the Department of Natural Resources. Additions to the map proceed from calls received in 1992 and past records. <J \ V , '\ 'J Page Three city of Andover Oak Wilt Control Plan July 1, 1993 v. Supression Program A. Delineate Supression Zones The Andover Tree Commission has identified three (3) control zones as indicated on the attached map. These areas will be targeted for control work over the next three (3) years. Also during this time, all call-ins will be handled regardless of the control zone from which they are received. All development areas will be required to be controlled as a part of the development process. The overall objective is to have the entire City covered within the next three (3) to five (5) year period. The actual delineation or boundaries of the control zones will change as the updated inventory is available. B. Prioritize Treatment Zones prioritization of the three control zones will be based upon current call-ins available from 1992 and a review of the updated inventory map which will be accomplished in July of 1993. C. supression Activity Supression activities can be identified using the attached informational sheet which includes timing of the events as they would take place. As the areas are covered through the use of aerial photography, call-ins will be marked, control lines established, information shall be provided to the property owner and the plowing process will be conducted and completed using the Anoka County vibratory plow or plows available through private consultants. Upon completion of the plow lines, all control lines u Page Two City of Andover Oak wilt Control Plan July 1, 1993 B. The Inventory will be updated using color photography flown by our forestry consultant. Department of Natural Resources photography will also be utilized if available. This photography will be used to identify new infections and to develop protection in areas of low incidence of disease. IV. Community Oak Wilt Prevention Program A. The City will periodically run articles in the newsletter as an oak wilt update. The City will also educate through the use of the cable access channel by informing residents of current supression practices and proper maintenance of their oak trees. B. The City has contacted developers, general contractors, o etc. and conducted an informational meeting on the requirements of the City's Tree Preservation Policy. Persons attending the meeting were informed of the requirement of submitting a tree protection plan with building permits and preliminary plats. Developers were also informed of the requirement of eliminating oak wilt prior to the development of an area. City Staff will be scheduling another informational meeting for the Winter of 1994 and will continue these informational meetings to educate those working in land development and construction businesses. C. New Developments o All new development proposals will be reviewed by City Staff or the forestry consultant and be compared with our base map inventory. As these developments move through the planning process they will be reviewed for possible oak wilt infection centers and be required to be treated at that time. This information is available through the city's Tree Preservation Policy which has been recently enacted. ~J ~ , '\ V Page Four city of Andover Oak Wilt Control Plan July 1, 1993 will be marked, tagged and mapped for further reference. An effort will be made by the City to contact adjacent property owners to encourage them to participate in the control program, thus reducing the overall cost and logistics of the program. Upon completion of the season's plowing and initial spore check of the trees marked in 1993 a determination of hazardous trees will be made at this time. Homeowners will be required to dispose of or treat these trees in a manner which is consistent with the elimination of spore production. D. Monitor Treatment Sites All sites will be monitored yearly through the use of aerial photography and ground checking for the determination of any cross-overs of the disease. At that time they will be re-plowed to control any cross-overs. VI. Budget - 1993 Local Unit City In-Kind City Cash Homeowner Cash $5,000 $10,000 $10,000 Total Community Input $25,000 Cooperative Supression Program Cost Share $20,0000 Total Community Effort $45,000 project Expenditures City Employees Certified Tree Inspector Administrative Staff $2,500 $2,500 $5,000 <J o ,:J Page Five City of Andover Oak Wilt Control Plan July 1, 1993 Contract Services $40,000 Includes the following: 1. Plow Line Layout 2. Vibratory plow Line work a. Follow-up b. Tag Map 3. Spore Check Total Budget $45,000 VII. Staff Ray Sowada - City Tree Inspector City Administrative Staff VIII. Kunde Company - Forestry Consultant Reporting A. Annual Reporting An annual report will be provided each year upon completion of the plowing activity to the Department of Natural Resources as required. B. update Inventory & Maps An update of the Department of Natural Resources map will be accomplished at this time. The map will also include supression activities and possible further delineation of infection centers. C. Report to Plow Provider A report of activities will also be provided to Anoka County if the Anoka County plow is used by the City. <J OAK WILT CONTROl. ACTIVITIES ACTIVITIES MAY JUNE PLAN DEV. XXX INSPECT J_ULX..__.A!J.G. ._~~,T.__ .9C.T._,.NQV . P~9 ,_ ..JAN_.2:.t:H MAR o .1'.f:J.QTQ,grJ-lY CQN1'RQ,J,._,_.JCX SPORE CK_..._, xxxxxxxxxxxxxxxxxxx~~xxxx XXXX XXXXXXXXXXX4XX~XXXXX_____ _--1:~XXXXXXX XXXXXX P.NR RF.PRT xxxx :=) ** TOTAL PAGE.02 ** .~ o ,'\ \_J Minnesota Oak Wilt 1993 Cooperative Supp.Lession Program (CSP) Application For Cost-Share Assistance ..d,...c......,. '- City of Andover Anoka c-. ""oo r~/f_'" Ray Sawada 612-755-8118 .wu.. c_.......... ....., e,," StIlI. lZl,c.M 1685 Crosstown Blvd NW Andover, MN 55304 1. General Description: (purpoM, objectives. pia) The purpose for requesting Cost Share Assistance is to implement the Oak Wilt Control Plan. Please see control plan objectives in the Andover Oak Wilt Control Plan submitted with the application. 2. Project Budget: (Total Cost) (Local Unit Share: Cash) (Local Unit Share: In Kind) S 45,000 5 20,000.. 5 5,000 Year 1993 5 20, ooa (Assistance Requested) (not to exceed 50% or Total Cost) * Includes $10,000 Homeowner Cash 3. Personnel involved: Name I Position , Phone Address I Ray SOIolada Manager 755-8118 1685 Crosstown Blvd NW I Andover, MN 55304 I Steve Kunde Shade Tree 484-0114 231 I Woodbridge St. Proressional Rosev i lle, ~,1N 55113 Ray Sawada Certified 755-9118 1685 Crosstown Blvd NW Chris Olson Tree Andover, MN 55304 Inspector Mike Click 755-0386 1853 Crosstown Blvd ~'1ol Andover, MN 55304 15300 Prairie ~oad W~ Andover, MN 55304 Harold Sullivan 434-3003 4. Additional Information ,-) a. b. c. d. Does the community meet TREE CITY USA standards? x Yes _No Does the community have a Community Forestry Plan? ~Yes _No Does the community have an Oak. Wilt Plan? x Yes _No Does the community have: Community Forester Yes x No Certified Tree Inspector l Yes No Private Sector Forester ~ Yes No I certify that this information is valid and that program funds allotted to my community will be used to control oak. wilt in a manner consistent with state guidelines. R~ ~)~ (Signa re of commuruty offiaal) ,,) Date: ~ - .3 () - 9 .3 Tree Inspector (Title) ~. ~ IE/lIIlm II lIlilll mmen " ...j Return application to: Oak Wilt Cooperative Suppression Program Division of Forestry Minnesota Department of Natural Resources 1200 Warner Road St. Paul, Minnesota 55106 Minnesota Department of Natural Resources Division of Forestry June 1992 c\aakwilt\csp.3pp CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 6, 1993 DATE AGENDA SECTION NO. Staff, Committees, Commissions ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM NO. Set Meeting Date / Special Assessment Policy Review BY:~ Daryl E. Sulander Finance Direct~~ /1. REQUEST The Andover City Council is requested to set a meeting date to review the Special Assessment policies and Procedures Guide. \ '-..) Possible dates include: Thursday July 8th at 7:00 or 7:30 P.M., Tuesday July 13th, Thursday July 15th, Tuesday July 27th, or Thursday July 29th. A copy of the Special Assessment policies and procedures Guide is enclosed with your agenda. MOTION BY: '- ) TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA t'oO. SECTION ORIGINATING DEPARTMENT Todd ~. Ha~s, ~ Englneerlng APPROVED FOR AGENDA staff, Committees, Comm. ITEM t'oO. BY: Appoint Park Commissioner /'6. The City Council is requested to appoint a commissioner to serve on the Park and Recreation Commission. The commissioner would complete David Woods term who recently resigned. The term would expire on December 31, 1993. The applications received are as follows: '-) - Tom Johnson - Rick Oelschlager - David O'Toole - Hare D. stuart MOTION BY: \ ) TO: ,~ o ~ '0 , ..:~.:.::':::?~_-. ./G"'~"\' /' \ ~ 1 ~~ ,i " J \.~ ,~l ~~;~'" CITY of ANDOVER " ADVISORY COMMISSION APPLICATION --- -,-... / Name: /aifJ ,/olJ/J'5:7/l Address: 15~5'~ ;<05e S/, Horne phone: tf2 )-;2.01/ Wo rk Phone: ~5" - <<,/Ig" , Commission preference: Planning & zoning Park & Recreation x , Economic Development Charter Commission Public Safety Committee Cable Comm. Equestrian Council____ Tree Commission Please state your reasons for requesting to be on the advisory commission checked above: L U/CI,/Id lIke..-. -/-" IfY)Of'Ol/e- ou(' rw/'€'d ;Q:;!/,k') . I I -1-0 befkr ~r(/p +Af2- I:/./.' ~/J" (5+ A/Jdol/-P/" Describe your education/experience which qualifies you to serve on this commission: -c Jp~ Wpg/7 /~ -I-h:> L r/5t,~r St:" ;ziu- hf)<jfry:;~ j:,/" .f-k fC1~f (~,!f'r/VS ClI7r1 hC7tve A, dPc)!!pe f.>1 ~~ r;..ln/J?~'I?/~/;f':""" +(C'rr'l, +.!-e U,1;vel';l./.. o.f,t1J!(lf\P"~~ ~nd A()dot..l~/s C/-J;~rJ5, 0<('1;., cd/' (O~~. Descrlbe your professlonal, C1V1C or COmmunlty actlvltles WhlCh may be relevant to this commission: t:>al"S I A AI1 JOd/~~ f;- POi'~S t?/1 v-.. N'r:) u!""'r bas), ') r I 'hc1lo-e rnO'lIJ~1 ) J/lCt (' cNI hOti./ -io 1fYlj?/'~~ve -Ikm Da ted:' 6' /:A3k3 , I /?/7t~z/ ~~~ Signature , ;~;."~' "~"'''.,,.,~. ....1"-\ "f .-' { 1 o ~\.1. j ".;::, ,,/ ....t'.":~~, CITY of ANDOVER ADVISORY COMMISSION APPLICATION Name, /(,,~ t Od5 e f!tt 711/1 Address: ~ (p ;/1'1 ) I/O j If )11/- Home phone: i}{j''''3"tttf}t{ work phone: ~ff/-3,~ ;;;.() Commission preference: Planning & Zoning Park & Recreation y Economic Development Charter Commission Public Safety Committee Cable Comm. Equestrian Council____ Tree Commission please state your reasons for requesting to be on the advisory '\ ~ commission checked above: Describe your education/experience which qualifies you to serve on this commission: Describe your professional, ClVlC or community activities which may be relevant to this commission: W'If'AJ NA #A/tJ~ff (!C-/ )/Wy / Dated: h -/& -93 k eeld IAij #- Signature ,~ I -I! I, ,I 1 (J :.) :.) " ""jQ"~"E"-':-;',\,,\ :j' ~ ~ \.,LI ,-j -''';~'4~-?Y CITY of ANDOVER )' ADVISORY COMMISSION APPLICATION Name: f) .(}V ItO 0 "!:::, diG Address: i3i1,;l..7 ~/'-' -S-l" I 5-;- A/ 1.<./ Home phone: t-j ;;2.7- 5"1' J t Work Phone: A/ /)- Commission Preference: Planning & zoning .x Park & Recreation Economic Development Charter Commission Public Safety Committee Cable Comm. Equestrian Council____ Tree Commission please state your reasons for requesting to be on the advisory commission checked above: ~ 4 ~!J J() ') -; ---- 7 if /11 t' >' ~ /'Ac p.t?-4....t.. e om 111 /5 5 / ~'.~ 5-...v....".J,u w,-T;' r1 ~. A. .o/) .a Ie. v - 5)/"\ /c-.---. Describe your education/experience which qualifies you to serve on this commission: O,vt- V Go tJ-/.!- u "S:- /1/ Describe your professional, C1V1C or community activities which may be relevant to this commission: Vvv/?/ , r ~/I-I/'- ;:;>n,~ t-.....-,,<i/co..~r cL-"A'~'7 --r--f':J ~.~ ~ ~./i:__) /. ~ 'tJ G~ S gnature Ii" Yl,v-A'5 tVC:A.I::"~i-- 1..",74 ,/ 3..5-/13~11 >>'~e? 13/),.>~~/6~// - . [.'" trll ? /h< Ie e.> 111 I)-I /:>5 I.,. .'_ Dated: i - 1";-"13 5 ~C/;<{,75 - 5...,."., "L I' ;11 I , 1i " o .~~.,,,,,,,,,'C,...., 1.," \b,,'"'l A 6 . \~~ "j ~,..,~~;~~? CITY of ANDO VER )' ADVISORY COMMISSION APPLICATION S.l\-lA.~ \" Fux S, \-; NW Work Phone: I S 4 -72 8--g) Name: f-\~RE ~ Address: I ~q 2.( Horne Phone: Commission Preference: Planning & Zoning Park & Recreation ~ Economic Development Charter Commission Public Safety Committee Cable Comm. Equestrian Council____ Tree Commission Please state your reasons for requesting to be on the advisory ~ commission checked above: 10 c.f\1\J SA'^- \-\'i:J P , rr\J ~ t'\IJ\/ , t\c-r (2_~ ~ . MOI\J" '1 IO"-lJ Describe your education/experience on this commission: ~ r..-.. ?CANN,'.v5 ' which qualifies you to serve O~ '" c) 0- 4-AQ.e-:Fl' E;l t:) TAR..&Vl ~, S TuAP-4?.s. WV~::K~SALLc1.~at / U~D", CLIt<l')u.J[~/ N\l\\.G-R.OwrR( ?lr>tNts'c:..'I) ~RtM':j1 i:c.-\- f~-4- Describe your professional, civic or community activities which may be relevant to this commission: U 'S. 0 ~ INt Colu~ -rr K~_30Ud/'\~ 'D'l..\ p" '-;-0 {VI oA NY'" u L" 'S. -1- , Da ted: 0 - G - Cf ,'3 ~ Slgnature ~.IS~ I (I~ ,', I. '0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Admin. BY: Approve Cigarette License/ Total Mart V. VOlk~~' /9, The City Council is requested to approve a cigarette license for Total Mart, 13725 Crosstown Drive N.W. The expiration date of the license will be December 31, 1993. The Speedy Market at 13725 Crosstown Drive has been purchased by Q-Midwest and as of July 1, 1993 will be Total Mart. , '-) The Speedy Market has a cigarette license (which cannot be transferred to a new owner) and a license to sell non- intoxicating malt liquor. Total Mart will only require a cigarette license. Attached is a copy of the license application for Total Mart. V:Attach. MOTION BY: \ ) TO: C) , " v ,', ,~) j1JN-28-1993 11:30 FROM CITY OF ANDOVER TO 4725991 P.01 CITY of ANDOVER . APPLICATION FOR CIGAREt~E LICENSE To: City Council, City of AnQover, County of Anoka, Minnesota I, ~ --J V'~ 5' J,. , doing business in the City of Andover, Minnesota, do hereby make appl~cation for a licen$~ to sell cigarettes, cigarette papers and cigarette wrappers pursuant to ordinance adopted by the City Council, of the City of AnQover; and hereby aqree to abiQe by al~ provisions set forth in such ordinance(s) which I have read and become familiar with their contents. --.. For the past -7 rjM years, Illy residence has 1:IlH!n as follows: 3~P ~J V~Iv;4' fro ~~n.....lrJ;iA} '?;J,v' >~>b'l - rr:he location of my business, of which I a~ ~ part) (~ manager), and at which cigarettes, cigarette paperg and/Qr cigarette wrappers shall be sold under this ordina~ce is as follows: ' Jd6/ ?/!,t;rf ~t/r[~ .,(.1 /J7;;rS C;>-t?S'S ~'vA.. ~.-.~ ~./.~. A/'~~-'G " ~N :>~3tJ'I , I agree to waive my constitutional rights a9ainst search and seizure and will freely permit peace officers eo inspect my premises and agree ~Q forfeiture of my license if found to have violated the provisions of the ordina~ce(s) providing for the grantins of ehis license. I hereby sole~nly swear that the foregoing statements are true and correct to the best of my know~edge. ,tJI1~~ ~- lee: $25.00 Date Faid: Receipt NUJnber: Pc$t-lt'" brand fax transmittal memo 7S7'l11'<lf~" . ~ { G A-r", I"""" fL- 1- ; co., co. Dept. Ptlone I' FQ" --I7;J~SIf'r;/ Fall:, 7S'5'- ff',;z ~ TllTAL P,01 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE T1I1 Y h 1 gg1 AGENDA SECTION t-O. Non-Discussion Items ITEM t-O. Approve Kennel License Renewals dO ORIGINATING DEPARTMENT APPROVED FOR AGENDA Admin. BY: V. Volk The city Council is requested to approve the following dog kennel license renewals for a period of one year: Rescue Sanit Bernards, 4180 - 165th Avenue N.W. '- ) Dover Kennels, 16422 Hanson Boulevard N.W. The appropriate fees have been paid and the license applications completed. We have received no complaints regarding either of these two operations. MOTION BY: J TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 ITEM f\O. Todd J. Haas, Engineering~ APPROVED FOR AGENDA AGENDA SECTION f\O. Non-Discussion Item ORIGINATING DEPARTMENT BY: Receive Petition/Order Feasibility study/93-13/ Lots 1 & 2, Block 6, Andover ~~ Boundary Commission Plat #1 The City Council is requested to approve the following resolutions: '~ 1. A resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of watermain, Project 93-13 in the area of Lots 2 and 3, Block 6, Andover Boundary Commission Plat #1. 2. A resolution accepting feasibility study, waiving the public hearing and ordering the improvement. History The watermain is existing along Woodbine Street NW to serve three (3) vacant lots that Rosella Sonsteby developed. The watermain was constructed in conjunction with The Meadows of Round Lake. Rosella had petitioned for watermain last year but because the adjacent property owners were not interested in the assessment, the City had decided that this made sense to construct along Woodbine street and Rosella could connect to the system when homes were constructed on the lots. MOTION BY: '. TO: () o :J ,. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: " A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 93-13 , IN THE BOUNDARY COMMISSION PLAT *1 LOTS 2 & 3, BLOCK 6, ANDOVER AREA. WHEREAS, the City June 7, 1993 improvements; and Council has received a petition, dated , requesting the construction of WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is - 0 - .' 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 6th day of 19 93 , with Councilmember July voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk /1' I 1: u o t u I j Ii ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: .' A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND ORDERING IMPROVEMENT FOR THE IMPROVEMENT OF PROJECT 93-13 FOR WATERMAIN IN THE FOLLOWING AREA LOTS 2 & 3, BLOCK 6, ANDOVER BOUNDARY COMMISSION PLAT #1 . WHEREAS, the City Council did on the 6th day of July 19 93 , order the preparation of a feasibility study for the improvements; and WHEREAS, such feasibility study 'was prepared by the City Engineer and presented to the Council on the 6th day of July 19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 3,563.29 per lot. NOW, THEREFORE, BE IT RESOLVED by the Andover to hereby receive the feasibility total cost of improvements of $ 3,563.20 Hearing and order improvements. City Council of the City of report with an estimated per lot, waive the Public MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 6th day of July 19-21, with Councilmember voting in favor of the resolution and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk , 13-l3 o Twin Rivers Construction Inc. 1635 Coon Rapids Blvd. Coon Rapids, MN 55433 l' June 7, 1993 James E. Schrantz City Engineer City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 RE: Petition for Improvement Dear Mr. Schrantz: Twin River Construction, Inc. does hereby petition for improve- ment by allowing for hook-up to existing water main with the costs of the improvement to be assessed against the benefitting property described as; ~ Lots 2 and 3, Block 6, Andover Boundary, Commission Plat No.1. Said petition is unanimous and the public hearing may be waived. win River Cons James L. Perra, Property Owner 757-c9-'lOO (J , ,:j (9\ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 " June 30, 1993 Honorable Mayor and city Council City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Feasibility study for Project 93-13 for the property known as Lots 2 & 3, Block 6, Andover Boundary Commission Plat *1 Dear Mayor and City Council: project 93-13 for 14278 & 14288 Woodbine Street NW is feasible and will benefit the properties served. ,~ Sincerely, CITY OF ANDOVER :JI~~~ James E. Schrantz City Engineer JES:rja o II' " , ti CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA SECTION NO. Non-Discussion ORIGINATING DEPARTMENT Todd J. Haas, Engineering APPROVED FOR AGENDA ITEM NO. ~ BY: Receive Petition/Order Feasibility study/93-12/ Hills of Bunker Lake 5th 012. & 6th Additions The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer, watermain, street and storm drain, Project 93-12 in the Hills of Bunker Lake 5th and 6th Addition area. ) '-_ I MOTION BY: '-) TO: u , , o , , ~ , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: " A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN PROJECT NO. 93-12 , IN THE HILLS OF BUNKER LAKE 5TH AND 6TH ADDITIONS AREA. WHEREAS, the City Council June 7, 1993 improvements; and has received a petition, dated , requesting the construction of WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000.00 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 6th day of 19 93 , with Councilmember July voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk t i , j 1: o .--, o -8 ~ "I)~ ~." ll1' 4W'~ ..., June 3, 1993 91-12- ,.. TONY EMMERICH HOMES RECEIVED JUN - 7 1993 CITY OFANDOVER City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Dear Todd: RE: PROPOSED HILLS OF BUNKER LAKE 5th and 6th ADDITION Tony Emmerich construction, Inc. does hereby petition for improvements by the construction of water main, sanitary sewer, storm sewer and streets with concrete curb and gutter with the cost of improvement_ to be assessed against the benefiting property which is described as; HILLS OF BUNKER LAKE 5th and 6th ADDITION Said petition is unanimous and the public hearing may be waived, (OPTIONAL). We request that a feasibility report be prepared as soon as possible. We have enclosed a check for $1,000.00 for the feasibility report expenses. ( THE $1,000.00 WILL BE CREDITED TOWARD 15% IMPROVEMENT ESCROW). Emmerich I I Ii !; 261910n Rapid, Blvd.. Suite 101, Coon Rapid,. MN 55433 CITY OF ANDOVER " REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA t'-O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Item ITEM t'-O. Approve Right of Entry/Bunker Lake Boulevard/91-28 Todd J. Haas, Engineering # BY: d.3. The City Council is requested to approve the Right of Entry Agreement for the construction of Bunker Lake Boulevard. Two (2) agreements are attached for your review. \ ',- ) MOTION BY: '-.) TO: CJ o :J " RIGHT OF ENTRY AGREEMENT THIS AGREEMENT, is made this _ day of , 1993 by and between the " City of Andover, a municipal corporation hereinafter referred to as the "City", and the County of Anoka, a political subdivision of the State of Minnesota, hereinafter referred to as the "County". I. RECITALS: 1. The City has an interest in the real estate legally described as: All that part of the southwesterly 100.00 feet of Outlot B, Northglen 2nd Addition, Anoka County, Minnesota, lying northeasterly of and adjoining the following described line: Commencing at the most easterly comer of said Outlot B, said corner being on the northerly right-of-way line of County Road No. 116; thence South 89 degrees 44 minutes 34 seconds West, assumed bearing, along said northerly right-of-way line 185,36 feet; thence northwesterly along said right-of-way line 132.16 feet along a tangential curve concave to the northeast having a radius of 758.51 feet and a central angle of 9 degrees 58 minutes 59 seconds to the point of beginning of the line to be described; thence continuing northwesterly 295.00 feet along the continuation of the last described curve having a radius of 758.51 feet and a central angle of 22 degrees 17 minutes 01 seconds; thence North 57 degrees 59 minutes 26 seconds West, tangent to said curve, along said right-of-way line 255.00 feet, and said line there terminating. The real estate described is hereinafter referred to as the "Parcel". I The Junty has prepared plans and specifications for improvements to County State- " 2. Aid Highway No. 9 (~ound Lake Blvd.), Project SAP 02-609-10 on and/or adjacent to the Parcel. 1'1 (] o <J , 3. The County has requested that the City grant a right-of-entry to the Parcel so as to permit the County to make improvements to County State-Aid Highway No.9 (Round Lake Blvd.). The City and County desire to permit the County and its agents, employees, contractors and,invitees to enter on the Parcel immediately so as to assure that the County can begin construction of SAP 02-609-10 in 1993. II. AGREEMENT NOW, THEREFORE, in consideration of the premises and their mutual promises contained herein the parties hereto agree as follows: 1. The City hereby grants to the County, its agents, employees, contractors, and invitees, permission to enter upon the Parcel for the purpose of improving County State-Aid Highway No.9 (Round Lake Blvd.). 2. This Agreement shall be interpreted in accordance with and governed by the laws of the State of Minnesota. 3. This Agreement may be amended by the parties hereto only by written instrument executed in accordance with the same procedures and formally followed with execution of this Afeement. Ii , Ii o ~ '0 , IN WITNESS WHEREOF the parties have caused this Agreement to be duly executed in their name as of the date first above written. ',' COUNTY OF ANOKA CIlY OF ANDOVER By: By: Its: Dan Erhart, Chairman Anoka County Board of Commissioners ATIEST: By: By: Its: John "Jay" McLinden Anoka County Administrator STATE OF MINNESOTA ) ) 55. COUNlY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1993, by , the and , the , of the City of Andover, a municpal corporation organized and existing under the laws of the State of Minnesota, on behalf of the municpal corporation. Notary Public (J ':J () ",. STATE OF MINNESOTA ) ) ss. ) COUNlY OF ANOKA The foregoing instrument was a<;knowledged before me this day of , 1993, by Dan Erhart and John "Jay" McLinden, the Chairman of the Board of Commissioners and the Administrator of Anoka County, a political subdivision of the State of Minnesota, on behalf of the County of Anoka. Notary Public This instrument was drafted by: Anoka County Attorney's Office 325 East Main Street Anoka, Minnesota 55303 ROWIFORMS\ROE-AGRC,PD Ii , I j 1'1 " (J RIGHT OF ENTRY AGREEMENT THIS AGREEMENT, is made this _ day of " , 1993 by and between the City of Andover, a municipal corporation hereinafter referred to as the "City", and the County of Anoka, a political subdivision of the State of Minnesota, hereinafter referred to as the "County". I. RECITALS: 1. The City has an interest in the real estate legally described as: The most southerly 20.00 feet of Park 2, Northglen 2nd Additon, Anoka County, Minnesota. Said southerly 20.00 feet adjoins the northerly right-of- way line of County Road No. 116. ,~ The real estate described is hereinafter referred to as the "Parcel". 2. The County has prepared plans and specifications for improvements to County State- Aid Highway No.9 (Round Lake Blvd.), Project SAP 02-609-10 on and/or adjacent to the Parcel. 3. The County has requested that the City grant a right-of-entry to the Parcel so as to permit the County to make improvements to County State-Aid Highway No.9 (Round Lake Blvd.). The City and County desire to permit the County and its agents, employees, contractors and invitees to enter on the Parcel immediately so as to assure that the County can begin construction of SAP 02-609-10 in 1993. I " '" ) /{ " I 'I 1': (j ::J ,- '\ '\..-....I I i ! " II. AGREEMENT " NOW, THEREFORE, in consideration of the premises and their mutual promises contained herein the parties hereto agree as follows: 1. The City hereby grants to the County, its agents, employees, contractors, and invitees, permission to enter upon the Parcel for the purpose of improving County State-Aid Highway No.9 (Round Lake Blvd.). 2. This Agreement shall be interpreted in accordance with and governed by the laws of the State of Minnesota. 3. This Agreement may be amended by the parties hereto only by written instrument executed in accordance with the same procedures and formally followed with execution of this Agreement () ,--) / 1 '-'.' -' , IN WITNESS WHEREOF the parties have caused this Agreement to be duly executed in their name as of the date first above written. " COUNTY OF ANOKA CIlY OF ANDOVER By: By: Its: Dan Erhart, Chairman Anoka County Board of Commissioners ATIEST: By: By: Its: John "Jay" McLinden Anoka County Administrator STATE OF MINNESOTA ) ) 55. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of . 1993, by , the , and . the . of the City of Andover, a municpal corporation organized and existing under the laws of the State of Minnesota, on behalf of the municpal corporation. Notary Public C) ,..-, u (J ... STATE OF MINNESOTA ) ) 5S. ) COUN1Y OF ANOKA The foregoing instt;\lment was acknowledged before me this day of , 1993, by Dan Erhart and John "Jay" McLinden, the Chairman of the Board of Commissioners and the Administrator of Anoka County, a political subdivision of the State of Minnesota, on behalf of the County of Anoka. Notary Public This instrument was drafted by: Anoka County Attorney's Office 325 East Main Street Anoka, Minnesota 55303 ROW\FORMS\ROE-AGRCPD II! " I j tl CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 ITEM f\O, ORIGINATING DEPARTMENT Todd J. Haas, Engineering~ APPROVED FOR AGENDA AGENDA SECTION f\O. Non-Discussion BY: Receive Petition/Order Feasibility study/93-14/ Woodland Pond do/, The city Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer, watermain, street and storm drain, project 93-14 in the Woodland Pond area. '-.) MOTION BY: '-.) TO: o o C) , "I3,:.Jl/ June 16,' 1993 RECEIVED j.. l' James E. Schrantz City Engineer City of Andover 1685 Crosstown Blvd NW Andover; ~m. 55304 \ :JUN 1 7 1993 . I CITY OF ANDOVER Re: Proposed Woodland Pond Subdivision Dear Mr~ Schranz: uptow n Construction and Finest Homes does hereby petition for improvements by the construction of water main~ sanitary sewer and streets with concrete curb and gutter with the costs of the improvements to be assessed against the benefiting property which is described as: Woodland Pond Said petition is unanimous and the public hearing may be waived'~ We request that a feasibility report be prepared as soon as pos- sible. Wehave enclosed a check for $1000~ for the feasibility report expenses. (The $1000. will be credited toward 15% improvement escrow) E71~ . 6ptown Construction -v pres~ Katherine Neiber I I tl~ ,I' L " 1'1 o o u , CITY OF ANDOVER COUNTY OF'ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: " A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN PROJECT NO. 93-14 , IN THE WOODLAND POND AREA. WHEREAS, the City Council June 17, 1993 improvements; and has received a petition, dated , requesting the construction of WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000.00 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 6th day of 19 93 , with Councilmember July voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Vlctoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA SECTION NO. Non-Discussion Item ORIGINATING DEPARTMENT Todd J. Haas, Engineering APPROVED FOR AGENDA ITEM NO. ~ BY: Reduce Escrow/pinewood Estates phase I .,,?s The City Council is requested to approve reducing the escrow for Pinewood Estates Phase I that was required as part of the Development Contract in Section 2 (Developer's Improvements) to the developer, Continental Development. Attached are the following: '-.) 1. Letter from Chuck Cook requesting escrow to be reduced. 2. Letter from Ken Gust certifying the grading of the plat is complete. 3. Letter from Jeff Caine & Assoc. certifying lot corners and curve points have been set. Staff recommends reducing the escrow by $29,850.00. MOTION BY: '- TO: -.-.-.. - .--.-.. --......-..... _. '--.. "'-- CoNTINENTAL DEvELoPMENT CoRPORATION 12301 Cenltal Avene NE, Suile 230 . Blaine, MN 55434 l'hon~~ 757.7568 . Fax: 757.2532 () July 1, 1993 City of Andover Attn: Todd Haus 1685 Croestown Blvd. Andover, MN 55304 RE: Pinewood Estates 1st Addition Dear Todd Haus: We have completod our eite grading and ~laced Our lot cornero in the Pinewood Estates 1st Addition. We request a reduction in our Letter' of Cr'edit secur.ing the developer improvements, 1:\8 defined in our development contraot. Pleaas forward this request to the City Council for action. ,~ Respectfully, ~r~ Charlea S. Cook, President Cont.inental Development Corporation '~:J ~J ~ ,,, ) ". _/ " ,.. KEN GUST ENTERPRISES 1400 NW 137th Lane Andover, MN 55304 RECEIVED JUN 2 2 1993 CITY OF ANUOVER Date: To: From: Subject: June 21, 1993 City of Andover Ken Gust - Project Engineer Pinewood Estates - site grading P/"O:E r This memo is to certify that grading for the subject project is in substantial conformance with the approved grading plan or revisions thereto. Grade stakes were placed by Caine and Associates Land Surveyors for the road centerline, based upon city construction plans. Lot staking was done by contractor, Lee's Construction, and checked by surveyor as grading progressed. Moderate field adjustments were made in wooded areas and along adjoining properties to more accurately conform with actual terrain. Ke~X?= cc: Continental Development Corporation Lee's Construction Caine and Associates Land Surveyors I , /r' " I Ii 1'1 CAINE Z ASSOCIATES, INC. 612 434 7646 P.01 /,-, ( ) ~-.~rFREY N. CAlN~ U.S, eailft ~ v4SS(}(illtC9 J:.altd SllfveUOfS, J It(, 17720 HIGHWAY 65 HAM LAKE, MINNESOTA 5530.4 .013.01.76.016 July 1, 1993 City of Andover, Minnesota 1685 Crosstown Blvd. NW. Andover, Minnesota 55304 Attn: Todd Haas RE: PINEWOOD ESTATES I hereby certify that the monumentation as shown on the recorded plat of PINEWOOD ESTATES, Anoka County, Minnesota, was in place as of December 9, 1992. Sincerely, ~ R~t:::n~Associates, Land Surveyors, Inc. ~ ) Post.lt" brand fax transmittal memo 7671 . of pag.. . To , From l Co, n ' r ~......C Phone. FIX' '7:> $- ~ 81 e 3 ~ Y-7G9"~ Fax' . " " ) ,. K. Cost of Developer's Improvements, description and completion dates are as follows: ,"""--, Description of Imorovements Estimated Cost Date to be Comoleted , .J ',-"" (!o""ple+~ 1. Site Grading/ " Engineering 2. Erosion and Siltation Control 3. Iron Monuments $13, ass May 31, 1993 " $500 <!__ P Ic:t~ $3,4~O May 31, 1993 4. Street Maintenance $500 5. 6. 7. 8. Total Estimated Construction Cost For Developer's Improvements: $ I c:>e:lC>. 00 lil.3eS.OO Estimated Legal, Engineering and Administrative Fee ( 15 %) $ ISO. 00 2.745.00 :' ') \..., Total Estimated Cost of Developer Improvements $ $ II ~o.O<:> ->11.050 00 /7:'r. GO Jl, S7S. gO-. Security Requirement (150%) L. Construction of Developer's Improvements: 1. Construction. The construction, installa- tion, materials and equipment shall be in accordance with the plans and specifications approved by the City. 2. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. 3. Easements. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, -all permanent or temporary easements necessary for the construction and installation of the Developer's Improvements as determined by the ) -5- ,/- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE JulV 6, 1993 AGENDA SECTION NO. Non-Discussion Item ORIGINATING DEPARTMENT ITEM NO. Todd J. Haas, Engineerin~ APPROVED FOR AGENDA BY: Approve Grading/Reduce Escrow;Weybridge 2nd Addn. ~t:.. The City Council is requested to approve releasing the escrow for Weybridge 2nd Addition that was required as part of the Development Contract in Section 2 (Developer's Improvements) to the developer, Ashford Development Corporation. Attached are the following: ,-) 1. Letter from Ashford Development Corporation requesting escrow to be returned. 2. Letter from Peter Raatikka of Hakanson-Anderson Assoc., Inc. 3. Letter from Jim Winter of Hakanson-Anderson Assoc., Inc. certifying lot corners and curve points have been set. Staff recommends releasing the escrow of $1,207.00. Note: The developer will remain responsible to the site for erosion control. MOTION BY: '-) TO: o , ' :; ,J ~J " ~5bforb Alebdopment QCorporation, lfnc. 3640 - 152nd Lane N.W. . Andover, MN 55304 . 427-9217 " Mr. Toc1~. Haas City of Jl,ndover 1685 Crosstown Blvd,NW Andover, MN 55304 RE: Weyhridge 2nd Addition Dear Mr. Hae.s, July 1, 1993 RECEIVED JUL 0 1 1993 CITY OF ANDOVER Ashford Development Corp. respectively requests the return of the escrow amount for Irons in the Development Contract of Weybridge, 2nd Additions. Sincerely, ~ tv. 4~.6 e"~' Jerry Windschitl Ashford Development Corp. o o ,.:J " 1111 Hakanson Anderson 1 Assoc.,lnc. 222 Monroe Street Anoka, Minnesota 55303 612/427-5860 Fax 612/427.3401 " May 29, 1992 Mr. James E. Schrantz, City Engineer City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 "'^ E C E ~ V E - H JUN 2 1992 U - CITY OF ANDOVER Re: Grading of Weybridge Second Addition Dear Mr. Schrantz: In accordance with your letter of May 14, 1992 to Jerry and Carol Windschitl and Section 11. Old of the Andover Subdivision Ordinance, we have reviewed the grading in the Weybridge Second Addition. Based on our review and survey, I certify that the lots in the Weybridge Second Addition have been graded in accordance with the approved grading plan. The lots are graded to provide for the building of driveways and sewer services. In addition, we will set all the lot corners following the installation of the sewer, water and streets. If you have any questions or need additional information, please let me know. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. ~~~~~ Peter R. Raatikka, P.E. jmlc cc: Jerry Windschitl File: 2054.04 I I 1/ , Engineers Landscape Architects tl Surveyors o o C) " 1111 Hakanson Anderson 1 Assoc.,lnc. 222 Monroe Street Anoka. Minnesota 55303 612/427-5860 Fax 6121427-3401 .' RECEIVED June 23, 1993 JUN 2 4 1993 CITY OF ANDOVER Todd Haas City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Weybridge Second Addition Dear Mr. Haas: This is to certify that iron monuments have been set at all points shown as denoting an iron monument in the plat of WEYBRIDGE SECOND ADDITION. Surveyor File: 2054.07 I 1 I( ,. trngineerS Landscape Architects Surveyors j" ,I' , General Requirements: () 1. Residential street lighting shall be owned, installed, operated and maintained by the electric utility company. City and electric utility company shall enter into a" contrac- tual agreement on the rate and maintenance of the street lighting system. 2. It shall be the responsibility of the Developer to: a. Advise all lot purchasers of their responsibility for street lighting operating charges. b. Pay for street light charges for all lots owned by the Developer. H. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the develop- ment. r. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. o J. The Developer shall make prov~s~on that all gas, telephone and electric utilities shall be installed to serve the development. K. Cost of Developer's Improvements, description and completion dates are as follows: , CD,.."le~e t....plc+e 1. Jrof\lS Estimated Cost 0# co. 00 ~OO.O" <::0.00 5"'"'" 0 ..f) Date to be Completed S <=-/ T 30. I <j 'i L Description of Improvements 2. ST~'c..1 }v1jGo,-\ 3. I 1 II~ " 4. :J -4- 1i () r " ~ 5. 6. 7 . 'S. " Total Estimated Construction Cost For Developer's Improvements: $ o 70rJ .00 Estimated Legal, Engineering and Administrative Fee ( /~ %) $ o I 0 ~-. 0 (J- Total Estimated Cost of Developer Improvements $ $ o 'if.o-? .~ o I , .10 I uO Security Requirement (150%) L. Construction of Developer's Improvements: o C) 1. Construction. The construction, installa- tion, materials and equipment shall be in accordance with the plans and specifications approved by the City. 2. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. 3. Easements. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Developer's Improvements as determined by the City. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 4. Faithful Performance of Construction Contracts and Bond. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's' Improve- ments and hereby guarantees the wqrkmanship and materials for a period of one year following the City's final acceptanbe of the Developer's Improvements. concurr;tlY with the' execution hereof by the Devel per, the , " -5- I J 1'1 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July DATE 6, 1993 AGENDA r-o. SECTION ORIGINATING DEPARTMENT Non-Discussion Finance APPROVED FOR AGENDA ITEM r-o. Release Letter of Credit Kensington 5th, proj 90-3 Da ry1 E. Sulande r BY f .,-, / Finance Di rector~~ : W 077. REQUEST The City Council is requested to authorize the release of the Letter of Credit established for Gerald Windschitl for the Kensington 5th Addition Special Assessments. BACKGROUND , '-.) Letter of Credit #114 was established by The Bank of Elk River for Gerald Windschitl per terms of the Development Agreement for city project #90-3. The special assessments for this project have been paid in full, thereby ending the requirement of the Letter of Credit. MOTION BY: ,J TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA SECTION r-o. Non-Discussion Item ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM r-o. BY: Approve Final Plat/ Winslow Hills 3rd Addn. 0)& The City Council is requested to approve the final plat for Winslow Hills 3rd Addition. ,___J The final plat is in compliance with the preliminary plat. It is the recommended that the plat be approved subject to the following: 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the city Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Park dedication is to be cash in lieu of land. CONTINUED MOTION BY: , ) TO: ,~ , '---~ . , ---J 7. Receipt of all necessary drainage and utility easements outside the plat. Note: The City Staff will be working with the developer to ensure all the necessary drainage and utility easements have been shown on the final plat along with an additional drainage and utility easements outside the plat. " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. o A RESOLUTION APPROVING THE FINAL PLAT OF WINSLOW HILLS 3RD ADDITION AS BEING DEVELOPED BY WINSLOW HILLS PROPERTIES IN SECTION 23-32-24, ANOKA COUNTY, MN. WHEREAS, the City Council approved the preliminary plat of Winslow Hills 3rd Addition ; and .' WHEREAS, the developer has presented the final plat of Winslow Hills 3rd Addition . WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Winslow Hills 3rd Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable title opinion. r-~ ---J 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat is not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total cost for the improvements for the property {streets, utilities, etc.}) and a contract for improvements awarded. 5. street lights costs to be paid to Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat. BE IT FURTHER RESOLVED citing the following: 1. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA or any other agency that is interested in the site. 2. Park dedication to be cash in lieu of land. Adopted by the City Council of the City of Andover this 6th day of July 19 93. ~ ATTEST: i CITY OF ANDOVER t J. E. MCKelvey - Mayor Victoria Volk - City Clerk i . j 1: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 6, 1993 DATE AGENDA SECTION r-o. Non-Discussion ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM r-o. Approve Temporary Extension of Vacation Accrual Limit for David Almgren BY:W Daryl E. Sulander Finance Director~~ 079. REQUEST The Andover City Council is requested to approve a temporary extension of the 200 hour vacation accrual limit as defined by Personnel Policy No.1, section II, paragraphs 1 through 4 for David Almgren. BACKGROUND \...) David will exceed the 200 hour vacation accrual limit at his anniversary date, August 1st, at which time he would forfeit any hours accrued over the 200 hour limit. The heavy demand for service placed on the Building Department by another extraordinary building season has limited the availability of vacation days. RECOMMENDATION I recommend the vacation accrual forfeiture date be extended for David for four months until December 1, 1993 at which time David will have used his vacation hours to reduce his accrued vacation to less than the 200 hour limit, or any hours over the limit will be forfeited on December 1, 1993. MOTION BY: ,---) TO: .' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM r-o. Admin. BY: J(), Exemption from Lawful Gambling License v. Volk ~.~. The Andover Recreational Development Association is applying to the State Gambling Control Board for a an exemption from lawful gambling license for the purpose of holding raffles. The proceeds from the raffles will be used for the Andover Field of Dreams complex. If Council has any objections, they must be filed in resolution form to the Gambling Control Board. ~) MOTION BY: ~) TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 6, 1993 AGENDA SECTION NO. Non-Discussion Item ORIGINATING DEPARTMENT Todd J. Haas, ~ Engineering APPROVED FOR AGENDA ITEM r-o. BY: Approve Res. Approving Joint Powers Agreement/ LRRWMO ..3/. The city Council is requested to approve the resolution approving an amended Joint Powers Agreement for the Lower Rum River Watershed Management Organization. I have also included a cover letter sent to Jim Schrantz from Curtis A. Pearson, Attorney for the Lower Rum River WMO, explaining the amendment. ,---) The amended Joint Powers Agreement is thirty-three (33) pages in length. It is available in the engineering office for your review. MOTION BY: / \ '- I TO: " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ~ A RESOLUTION APPROVING AN AMENDED JOINT POWERS AGREEMENT FOR THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION. WHEREAS, Minnesota Laws of 1982, Chapter 50~, requires all metropolitan watersheds to organize, either as a'joint powers group or as a watershed district; and WHEREAS, the four cities with lands in the Lower Rum River watershed adopted a Joint Powers Agreement in 1985 creating the Lower Rum River Watershed Management Organization, and the four Cities have worked cooperatively since said time to manage surface and groundwater concerns in the watershed; and WHEREAS, the Minnesota legislature has over the years adopted many new laws mandating the Organization to perform additional duties and to be responsible for public concerns relating to surface and groundwater, and in 1990 adopted major changes in legislation known as the "Metropolitan Surface Water Management Act", renumbered state statutes, and directed the Board of Water and Soil Resources to promulgate new rules regarding water management organizations; and o WHEREAS, the new state rules became effective August 1, 1992, and directed all joint powers water management organizations to amend their joint powers agreements to be consistent with the new state laws and Board of Water and Soil Resources rules; and WHEREAS, the Lower Rum River Watershed Management Organization has prepared a revised joint powers agreement to comply with state mandates and state law, and the Organization has reviewed and recommended that each member City approve their new Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED by the city Council of Andover, as follows: The Mayor and City Clerk are hereby authorized and directed to execute the attached Amended Joint Powers Agreement which will continue the Lower Rum River Watershed Management Organization with powers and duties as expressed therein and consistent with state statutes and rules of the Board of Water and Soil Resources. Adopted by the City Council of the City of Andover this 6th day of July , 19~. CITY OF ANDOVER 'j fa ATTEST: J. E. MCKelvey - Mayor j r Victoria Volk - City Clerk " LAW OF'F'ICES () WURST, PEARSON, LARSON, UNDERWOOD & A ""...FtTNER$M'" INCL.UOING PAO"'lr.SSlO""At.. ASSOCIATIONS June 11, 1993 MERTZ nECEIVED , ~ ~JUN 1 h 1M') i ~E~ONE CITY OF A~QQyiJr ONE F'INANCIAL PLAZA, SUITE 1100 120 SOUTH SIXTH STREE.T \' A. THOMAS WURST, P.A. CURTIS A. PEARSON. P.A. ..JAMES D. LARSON, P.A. THOMAS F'. UNDERWOOD, P.A. CRAIG M. MERTZ ROGER oJ. F"EL.LOWS MINNEAPOLIS, MINNESOTA 55402-1603 (6121338.2625 Mr. James E. Schrantz Chairman, Lower Rum River Watershed Management Commission 1685 Crosstown Boulevard N.W. Andover MN 55304 Re: Joint Powers Agreement Dear Chairman Schrantz: . You have directed that I prepare an amended Joint Powers Agreement to incorporate the new requirements of the "Metropolitan Surface Water Mananagment Act" and of the new rules adopted by the Board of Water and Soil Resources (BWSR) for "Metropolitan Area Local Water Management." You have written and conveyed that direction. I recently placed a call to you for some direction and found out that you have been ill. I 'm certainly hoping that you are recovering and can continue to be a part of the organization. ~ When I was first retained by the Commission in 1985 or 1986, the existing Joint Powers Agreement had been adopted. I reviewed that document and found a number of mistakes and areas of concern. The Commission said they would wait a while and then the Commission could have it redrafted and would have some experience to aid in drafting a new agreement. State law changes now mandate that a revised agreement be adopted. Water quality concerns and general water concerns are now incorporated in state law and state regulations and are of great concern to your constituents. The enclosed agreement is prepared to take into account growing responsibilities for your organization. The importance of our water resources will require more review and more planning for our future. The Lower Rum is not expected to require many shared capital improvements. The Agreement provides the process for such projects if they do become necessary. , I will review by section the proposed Agreement. I assume each Commissioner will want to review the Agreement, and you may want to meet for a question and answer session. We also want to correct or modify any parts of the Agreement which are not consistent with the goals of the member Cities. ' ,~) The Agreement is drafted and is organized as follows: I , to cfver your statutory responsibilities II' " 1'i " WURST, PEARSON, LARSON, UNDERWOOD & MERTZ o Preface. A general history of how and why the organization came into existence. Spells out that your Cities either proceed under a Joint Powers Agreement or the County will be required to establish a watershed district. That creates an independent layer of government that your predecessors were attempting to avoid. Article I. Name of District. Article II. General purposes of the WMO under statute statute. Preface outlines the purposes directly from the statute with two additional items to indicate the need for cooperation. Article III. Definition section. Self-explanatory. Article IV. Membership. Provides for four current members and allows you to invite other units of government to be members. /- " '0 Article V. Board of Commissioners. Basically follows your existing organizational structure. One Commissioner, one Alternate Commissioner per member is allowed. The City determines qualifications of its representatives. Includes provision re vacancies or removal and incorporates state statutes and state rules. You now have to advertise vacancies and notify BWSR. No compensation is provided by the Commission, but the individual City can compensate. The Commission can pay authorized expenses of Commissioner. Establishes meeting requirements and provides for officers. I believe this section is consistent with your current practices. C) Article VI. Powers and Duties of the Board. This is a general outline of what is required by Minnesota Statutes Chapter 103B and the Metro rules. Generally provides author ity to employ persons to assist the Commission. Authorizes you to rent space, acquire personal property, and develop an over-all plan. There is a substantial amount of material relating to how the plan is developed and amended. This will be on-going as it will be necessary in the future to update the plan, and I'm sure the Commission wirl want to keep it current. Subdivisions 6 through 28 clarify and authorize the Commission to carry out the'duties of being a Water Management Organization. Note Subdivisijon 20 sets out your annual audit responsibility and requires a certified public accountant to prepare the audit. i , Article VII.~ Method of Proceeding. We have incorporated the procedures used by Minnesota cities to make public improvements, ,: and as set out in Minnesota Statutes Chapter 429. " WURST, PEARSON, LARSON, UNDERWOOD & MERTZ f- , \ 'J Modifications in the procedures are to allow time for individual cities to plan and carry out how you respond to projects and funding alternatives. It also provides that member cities will award contracts for work, not the Commission. A dispute resolution including arbitration provisions is included. The land acquisition for any project is to be carried out by the cities as directed by the Commission. The Commission will not condemn nor hold real property interests. Pollution and water quality issues are discussed and the Board is given power to investigate pollution and water quality problems. Subdivision 12 relates to local water management plans which must be prepared by the cities and reviewed and approved by the Commission. Article VIII. Finances. This article generally follows the law for Minnesota cities. Subd. 2 includes the 50% split in sharing between net tax capacity and area. The old agreement neglected to include how the sharing was to take place, but it was understood by the parties it was to be 50/50. f " o Subdivision 3 relates to improvement project finances. Subdi vision 4 requires the Commission to submi t your annual budget and proposed assessments to your member cities by July 1. Subdivision 5 relates primarily to cost allocation options for capital improvement projects. Article IX. Miscellaneous Provisions. Subdivision l. Subdivision 2. domain. Subdivision 3. Commission does not have power to levy special assessments against private or public land. Subdivision 4. Agreement not to divert water without a permit and meeting certain conditions. Subdivision 5. Vote of member is suspended if in default on payments. Subdi vision 6. Agreement to be bound by terms of the Agreement and to work with the Commission. Commission does not have power to bond. Commission does not have power of eminent .'" ; ) ~ ," Afticle X. Duration. Set until Januaray 1, 2015, and can be continued. Follows state law and regulations about notice if the parties decide to terminate the Agreement. Atticle XI. Dissolution. Provides for method of dis- t~ibution if dissolved. I J 1'1 ,/-, \J cJ C)/i I r t'l " WURST, PEARSON, LARSON, UNDERWOOD & MERTZ " Article XII. Effective Date. New Agreement is effective when approved by the four Cities. Certified copies of resolutions of approval and signed Agreement to be sent to the Anoka City Manager. Suggest each City execute at least seven copies of the signature page. State law requires that the new Agreement be in place by August 1, 1993. I'm sure that with your illness, this could be extended, but if the Agreement is in order and approved, it would be nice to meet the time schedule. Rea:~ Curtis A. Pearson Attorney, Lower Rum River watershed Management Commission CAP: 1 h Enclosure cc: Ms. Mava Mikkonen Commissioner Steve Jankowski Commissioner John Weaver Commissioner Ben Ferguson Mr. Dean Skallman DATE: July 6, 1993 ITEMS GIVEN TO THE CITY COUNCIL Planning and zoning Commission Minutes - June 8, 1993 Economic Development Committee Minutes - June 9, 1993 Disaster Committee Minutes - June 9, 1993 City Council Minutes - June 15, 1993 Tree Commission Minutes - June 21, 1993 Planning and zoning Minutes - June 22, 1993 Letter from Pat Schwappach,Anoka Cty. Historical Society-6/l5/93 Letter from Diane Jensen, AIA - June 15, 1993 Letter from John Davidson, TKDA - June 23, 1993 July & August Calendars Assessment Manual Winslow Hills 3rd Addition Final plat Emerald Glen Feasibility Report Downtown Days Schedule of Events May 1993 Anoka County Sheriff Report Fire Department Information Public Hearing Notice/Oak Grove Emerald Glen Preliminary Plat Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YDU_ ANOKA COUNTY HISTORICAL SOCIETY 1900 THIRD AVENUE SOUTH ANOKA, MINNESOTA 55303 612-421-0600 ~v l'-~~ /)/ Colonial Hall. 1904 15, June, 1993 city of Andover 1685 NW Crosstown Blvd. Andover, MN 55304 Dear Council Members, My. name is Pat Schwappach; I am Director of the Anoka County Historical Society. Our Museum is a 1904 house located in the city of Anoka. Our organization was established in 1934; however, we had no museum until 1971. Our mission is to gather, preserve and disseminate history, particu- larly that of Anoka County. It is a big task, but also a very exciting one. We are partially funded by Anoka County; however, we also rely heavily on our membership, fund raisers and donations to help us with our commitment of preserving history. It is the latter about which I write you. You are a part of Anoka County and its history! I am personally inviting you to help us in our endeavor. Financial support from within the community provides us with funds to develop our Educational Programs, to expand our resource library, to publish books of historical and scholarly nature, to properly conserve and maintain our archives and artifacts, and make them available to the public. We need an IBM Compatible Computer, audio-visual equ~pment, preservation supplies; our list is lengthy. I close with a quote from Franklin Delano Roosevelt...."To bring together the records of the past and to house them in buildings where they will be preserved for the use of men living in the future, a nation must believe in three things: it must believe in the past, it must believe in the future, it must above all believe in the capacity of its people so to learn from the past that they can gain judgments for the creation of the future." We appreciate any consideration you may give us and invite you to visit our facility. )~:lJcLJA~~~ ~'schwappach .....(]'"T-- Museum Director PS:ch Associated Insurance ~ents, Inc. Specializing in Business & Persona/Insurance ~t \)S 2800 Freeway Boulevard Brooklyn Center, MN 55430 612-566-8710. 612-566-0422 FAX <1=v .J~ JunB 15, 1993 Ci ty Of {~ndo\/cr 1685 Crosstown Blvd Nw Andover MN 55304 Dear Insured: As per you. ~8quest~ attached arB insurance policy with our ag2ncy. loss runs -;:'......... . v. 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INCORPORATED ENGINEERS ARCHITECTS PLANNERS 1500 MERlTOR TOWER .... CEDAR STREET SAINT PAUL. MINNESOTA55101.21.0 PHONE:6121.2Q2~OO FAX:61212Q2.oo83 June 23, 1993 Honorable Mayor and City Council ~dover,Mlirnesota Re: ~dover, Mlirnesota Commission No. 9140-003 Dear Mayor and Council: The following is confirmation of engineering matters discussed at the regular Council Meeting of June 15, 1993: 1. Trunk Storm Sewer - Xeon Street, City Project 93-9, Public Hearing, Commission No. 10403 Mr. Davidson did present the Feasibility Report dated May 18, 1993 with page 3 revised, A meeting had been held with homeowners in the Oak Bluff 1st Addition on June 14, 1993. Detailed surveys and watershed maps were provided. A review of landlocked ponds indicated they do not meet present Coon Creek Watershed requirements to hold two each 100-year (1.0% probability) stonns back to back. The Council was provided City of Andover Resolution Rl19-86 (attached) and Council minutes of August 5, 1986 (attached). ~ Area Wide Assessment of $0.04 per square foot ($1,742.00 per Acre) was levied in 1987 and 1988 based upon public hearings held for City Project 87-11B. TIus public hearing was called to update changes taking place in the watershed. ~ overall hydraulic analysis has been prepared to establish pond level controls and pipe sizes. A trunk storm sewer to control Oak Bluff and Weybridge Addition ponds through the Coon Creek Regional Pond on ~dover Boulevard is proposed. The estimated cost of the Xeon Street Trunk Storm Sewer is $216,900. Land in the area will be assessed as platting occurs and urban services are provided. Present plats being developed will be assessed as follows: Winslow Hills 2nd Addition Winslow Hills 3rd Addition Weybridge 3rd Addition $54,014.40 54,014.40 34,673.76 TIle balance of costs will be assessed with future platting within the watershed. Honorable Mayor and City Council J\ndover,Mlitnesota June 23, 1993 Page Two Council Action The Council acknowledged Resolution R119-86 by a previous Council and waived assessments to Oak Bluff 1st Addition. The Council, by resolution, ordered the improvements by construction of the Xeon Street Trunk Storm Sewer and authorized TKDA to proceed with preparation of plans and specifications for said improvements. 2. Woodbine Street Watermain, City Project 92-6; Meadows of Round Lake, City Project 91-27, Commission No. 10066 Mrs. Sonsteby appeared to object to individual assessments to four lots south of 143rd Avenue NW on the west side of Woodbine Street. During construction of Project 91-27, the trunk watennain to Meadows of Round Lake was rerouted to Woodbine from Vintage through Mrs. Sonsteby's property to accommodate these lots. No assessment was made for this watermain at that time. Each lot will be assessed lateral, area and connection charges as they connect. 3. Consent Agenda The Council approved agenda items without discussion as follows: A. 1993 Improvement Bonds The Council authorized sale of 1993 Series A and B Bonds to finance improvemenl projects. B. Pinewood Estates 2nd Addition, City Project 93-2, Commission No. 10364 The Council received the report of bid opening dated June 11, 1993 and awarded the contract to Mille Lacs Contracting in the amount of their low bid of $382,040.60. C. Emerald Glen Addition, City Project 93-11, Commission No. 10454 The Council accepted the petition for improvements and ordered the preparation of a feasibility report. D. Weybridge 3rd Addition, City Project 92-18, Commission No. 10258 The Council approved the Supplemental Feasibility Report for the project. E. Pinewood Estates 2nd Addition, City Project 93-2, Commission No. 10364 The Council approved the revised grading plan for the subdivision. Honorable Mayor and City Council Pundover,Millnesota June 23, 1993 Page TI1fee F. Pheasant Glen, City Project 92-16, Commission No. 10198 The Council accepted easements over the Hurst property for extension of sanitary sewer, watermains and storm sewer. 4. Weybridge 3rd Addition, City Project 92-19, Commission No. 10258 TIle developer has requested award of bids for the project be withheld until issues of concern were addressed as follows: A. 21" diameter storm sewer from Weybridge Pond to Xeon Street storm sewer be raised and reduced in size. Request denied based upon hydraulics of the system tributary to the Coon Creek Watershed District regional pond on Pundover Boulevard. Hydraulic calculations were furnished developer's engineers. B. Design sanitary sewer under adjusted 21" storm sewer. Request denied based upon previous conditions cited. Insufficient separation to prevent possibility of sanitary sewer line freeze. C. Water main assessment along Andover Boulevard Request accepted based upon City Council discussion on February 4, 1992. Butt lots will be assessed one side only. Side lots will be assessed 1/2 cost of 8" size watennain equivalent. Council Action The Council received the report of bid opening of June 10, 1993 and by resolution awarded contracts to Old is Gold ConstlUction for their low bid of $199,927.32, subject to concurrence of conditions cited herein. The Engineer was excused at approximately 12:00 Midnight. Sincerely yours, JLD:j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl19-86 MOTION BY Councilman Lachinski to adopt the following: A RESOLUTION APPROVING THE PRELIMINARY PLAT OF OAK BLUFF AS BEING DEVELOPED BY CONTINENTAL DEVELOPMENT CORPORATION IN SECTION 26-32-24. WHEREAS, pursuant to published notice thereof, the Planning and zoning Commission has conducted a public hearing on the preliminary plat of Oak Bluff; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of such plat, citing as reasons for such recommendation as being 1) the plat is in conformance with the Comprehensive Plan, and 2) the plat meets the city ordinances; and WHEREAS, the City Council acknowledges that a recommendation has been received from the Park Board for land and cash; and WHEREAS, the City Council further acknowledges that the plat has been reviewed by the City Engineer and the Anoka County Highway Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Oak Bluff, noting the following: 1. For purposes of frontage, Lot 4 of Block 1 and Lot 1 of Block 2 will front on 148th Lane. 2. Lots 9 and 10, Block 4 shall have a minimum house pad elevation increased to 894. BE IT FURTHER RESOLVED that approval of the Plat is contingent upon the signing of .the legal document regarding the open space. Such document shall include the following: 1. Be a deed to the City with a reversionary interest to the developer at such time as sewer and water becomes available to the property. 2. The City shall provide notice to the developer when sewer and water is, in fact, available to the property. 3. The developer agrees he has one year from the time that city sewer and water become available to the property to develop the open space area into a plat to its final form. In the ~~tapproval is not obtained within one year from sewer and water availability, the ownership of the open space property will revert to the City to in turn be sold to some other developer R119-86 Continued 4. The developer further agrees to assume the trunk assessment for storm sewer for the entire 80 acres at the time of development of the open space area, with the ponding area within that open space being used for this plat to be removed when said open space is developed. 5. The open space area being deeded to the City can be used for public purposes such as park, playground or public utility until such time as said open space reverts back to the developer. BE IT STILL FURTHER RESOLVED that said legal document regarding the open space is to be presented to the Council for approval prior to the signing by the Mayor and Clerk. MOTION seconded by Councilman Elling and adopted by the City Council at a Regular Meeting this 5th day of August, 1986, with Councilmen Elling, Lachinski, Orttel, Windschitl (Knight - Absent) voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Jerry Windschitl - Mayor ATTEST: J " 1--' Regular City Council Meeting August 5, 1986 '- i.jlnutes Page 4 (Dehn'S Pond/Round Lake Drainage/36-10, Continued) (?) _ stated those rear yards do drain towa~d the Dehn's pond. Ms. Sonsteby _ asked if there will be a half-cent per square foot assessment lmmedlately on all the land. Mayor Windschitl explained there has been discussion of assessing the developed properties immediately, but deferring the access charge to Anoka for vacant property until such time as that vacant prcperty isdeve loped. The Council hasn't decided whether the cost of the pipe would be levied immediately or not, though norma lly those types of charges aren't deferred. There is no proposal to assess protected wetlands or unbuildable property. Clay (?) _ asked the last reading on the water level in Dehn's Pond, stating as of tonlght it is higher. Mr. Davidson stated on April 25 it was 867.07 feet. MOTION by Elling, Seconded by Lachinski, that we continue the public hearing for Dennis Pond to the next regularly scheduled meeting. Motion carried unanimously. NIGHTINGALE ESTATES 3RD ADDITION PRELIMINARY PLAT Counci 1 i nd i ca ted a temp orary turnaround eas ement is needed on the new Up 1 ander. MOTION by Orttel, Seconded by Lachinski, that ~2 approve the Preliminary Plat of Nlghtlngale Estates 3rd Addition with the follO>'ling conditions: that a variance be granted for lot frontage on Lots 3 and 4 of Block 1, and that the Lot 4, Block 2 front of that lot be designated as facing 153rd Lane NW; note that a variance be allowed for Lots 1 and 2, Block 1, Lot 5, Block 2, and Lots 1, 2, and 3, Block 3 for area due to the inclusion of a stub street, Uplander, going to the sou:hern property line. (See Resolution Rl1l-3o) i'10tion carried unanimously. OAK BLUFF PRELIMINARY PLAT Chairman Jacobson reviewed the Planning Commission's recommendation to approve the preliminary,plat of Oak Bluff. But they questioned just how the open space will be handled and whether or not that area ,tli 11 be deeded to the City. If the City took legal ownership of that prcperty, the Canmission felt it could not be used for ponding purposes unless the city specifically allO>'ls it. If the open space remains in the ownership of the land owner, then they had no problem with it. Because the property is being developed into smaller lots (one-acre versus Z,>-acre lots), ~layor Windschitl thought the developer should.also be incurring the storm drainage piping and out letting costs as the plat is being done. Otherwise, future residents will ultimately be assessed for what should have been built when the plat was first put in. He felt clearly the pond in the open space is not the long-term solution for the prcperty, stating there should be an outlet to one of the ditch systems or to the creek itself. Attorney Hawkins stated he has not drafted any agreement regarding the open space, waiting for the Council to make a final decision. If the Council wants the open space dedicated as park on the plat, normally drainage is not allowed in the park. If it is ever redeveloped and all the drainage goes onto this open space, a new drainage plan .tli 11 need to be done for the houses already in there. Normally each subdivision is re'.;uired to stand on its own. If the City takes possession of the open space and a llws the ponding in that area, the City is responsib Ie for maintenance as with any other storm water draina~ pond. He also felt the assess- ments for Hanson Boulevard would only be applicable to the property being developed. There is nO advantage to the open space because there wou:ld be no benefi t of the road. 0- . , " ~ ~ Regular City Council Meeting August 5, 1986 - Minutes Page 5 (Oak Bluff Preliminary Plat, Continued) I,' Councilman Lachinski felt the property is being opened up for development and it should all be now assessed. Mayor Windschitl also felt that that was the intent, and it is being developed to the same density as if the entire parcel were platted to 2~-acre lots. Dick Schneider _ thought the assessment was just the depth of a 40 and amounted to a llttle over $5,000. Discussion returned to the storm drainage for the plat. Mayor Windschitl argued the storm drainage in this plat must be addressed in its final form just.as is done for any other plat. He felt it is not in the City's interest to develop a large pond for storm water on developable property. There is now access to drain to Coon Creek; it's now a matter of paying for it. Chuck Cook, deve l01er - stated they are using the back of the deep lots for ponding OT what is current y draining back there. They don't want to create additional drainage from other portions of that plat to that area because of the water table problen. It was his recollection that the Council passed the Special Use Permit under the provision that the City would lease the open space at no cost until such time as sewer and water is avai lable to the site. j'1ayor \~indschitl stated that can be researched in the Minutes. Mr. Cook _ stated he employed Ken Gust to do the drainage calculations on this plan under two different configurations. First, by developing Oak Bluff with 25 lots and leaving the open space undeveloped, they determined they can pond on site without any difficulty without spending 550,000 for an off-site drainage system that is not necessary today. Assuming development of Phase I and Phase II with sewered and watered lots, theoretically they can again contain drainage on site with 100 percent retention, though they may not choose to do so at that time. His purpose was to show that he didn't need to spend 550,000 for a storm sewer system today because it is not needed. If Phase II comes to be, he felt that would be the appropriate time to deal with the off-site drainage. 11ayor Windschitl stated except at that time the City Council would have to assess a 11 those in Phase I who have already bui It their houses for sanething that should have been done when the plat was developed. ~"r. Cook _ .suggested theJ.Q\.lncilca_1'! require that whoever develops Phase II also Rays for thp drainaqe for Phase I at that time. At this point, the 550,000 the Mayor is suggesting for a system that would not be installed at this time is just too costly to spread among the number of lots in the development. Councilman Lachinski didn't think what Mr. cook was suggesting is that unusual. He felt normally when a developer wants to plat a parcel of ;Jroperty, he has to provide the drainage and pays for that drainage without assessing neighboring parcels. Counci lman Orttel was also concerned that the discussion for any increased costs for storm drainage generally refers to buying: into a system. 3ut in this instance there is no system in place. And that has never been done with any other developer in the City. Mr. Cook _ suggested developing Phase I and dedicating ease~ent for ponding to take care of that area. When p:rrase II is developed, they can leave the existing drainage easement that will still handle Phase I. Phase II ~ay need off site drainage, but that issue would be dealt with at that time. In looking at the area consumed by the pond, economics suggests there will be no pend \'Ihen Phase II is done. The value of the lots will make it feasible to construct an off-site storm dra i nage sQtem. " o Regular City Council Meeting August 5, 1985 - Minutes Page 6 (Oak Bluff Preliminary Plat, Continued) Attorney Hawkins stated it is possible to provide in a lease agre6T1ent or deed with a reversionary clause that ttie easements would be vacated and the developer of Phase II would have to provide the drainage to take care of both phases. Mayor Windschitl felt that just gives more incentives for the developer to walk away from a piece of property. Discussion continued on the possible ways of dealing with the open space area and consideration for storm drainage of Phase I and Phase II. Mayor Windschitl continued arguing to develop Phase I with a temporary pond, the City ought to collect the amount of money necessary to construct the outlet pipes in the future from the lots being platted today. Otherwise he felt the green space area would becone too unecononical to develop if all costs are charged against just the green sp ace are a. Ken Gust _ stated part of the total grading plan incorporates law points in the road all related to storm drainage. There is also the costs of digging the ponds. The trunk storm sewer is normally an area assessment, and that could still go on the property. Mr. Cook _ stated he is not getting the benefit of high-density development, and he doesn't want to have to incur the expenses of the high density without having that density to spread out those costs. Mayor Windschitl argued there is significant savings by developing in this manner with road costs almost half what 2lz-acre lot development would be. Councilman Orttel stated no plat that has future subdivision has ever been assessed for storm drainag= in this City; it's only those that are done in their absolute final form. He felt if the area is redeveloped in the future, there would be more runoff, plus the future area that wi 11 all have to contr ibute to the drainage system if there is one. He didn't feel this is the final form since the idea is to allow for future subdivision of these lots when sewer and water is available. Councilman Elling asked if the pond shOtln in the open space can be moved out of the middle of the area and moved either closer to the lots or toward Outlot A. Mr. Cook - was wi! ling to look at it. After further discussion on the storm drainage within the plat and on the conditions of the special use permit previously granted, it was agreed to postpone discussion on this item until after the recess to allow the staff to research the conditions of the specia 1 use permit. GARY GILPIN VARIANCE MOTION by Orttel, Seconded by Elling, introducing a Resolution approving a variance requested by Gary and Janet Gilpin to build a 996 square-foot house in an area zoned for 1200 square feet in Section 05-32-24 as prepared with the statement the reason being the other hones in the area are under 1200 square feet. (See Resolution Rl18-86) Motion carried unanimously. Counci~, recessed at-9:,25-; reconllene.d a-t-9:32- p..m.-- -,-,- OAK BLUFF PRELIMINARY PLAT CONTINUED Counci 1 reviewed the Minutes of the June 3 meeting when the Special Use Permit for this parcel was approved, noting the matter regarding open space was referred to the City Attorney to develop an acceptable method whereby the City wi 11 acquire the open space until municipal utilities become available to the property. Attorney Q " (7 Regular City Council Meeting August 5, '~86 - Minutes Page 7 ___(Oak Bluff Preliminary Plat, Continued) Hawkins stated there are several different methods of dealing with that open space, noting it would be acceptable to take a lease or a deed for that outlot. The simplest and least expensive would be for the developer to give the City a deedt. for Outlot B with a reversionary clause that the land would revert back to the deve loper when sewer and water is avai lab le to the prqJerty. He fe It either way waul d take the property off the tax rolls because it would be under the Ci ty' s control. Council thought there was also discussion that the developer would be required to pay the taxes that would have been received from that prqJerty. After further discussion, it was generally felt that because the property would be used for public use and would be deeded to the City, it would not be apprqJriate to require payment of taxes by the developer. When discussing the plat itself, Mr. Cook stated the bui lders will be working with the buyers in letting them know about the potential of municipal utiliites, future subdivision, and location of the house pad. He has no intention of filing a restrictive convenance on the plat, but he does have conditions on the sale of his lots where he approves home plans, etc. He also felt that this development will generate more taxes than a 2~-acre development would because they are utilizing the higher wooded property. Mr. Schneider - hoped that Outlot B would not be dedicated as a park. Regarding a deed, the property is not paid for yet so how can he give the City a deed. Mr. Cook - stated he will take care of that. ~ayor Windschitl stated if it becomes public property, the Council can put it to public use, including a park. Also, the deed would have to be free of any ljens before the City could accept it. Attorney Hawkins stated it is not being dedicated as park. The City has the right to use the property for those uses set forth in the zoning ordinance. He thought those uses that would be set forth in the deed would include park, play- ground, walkway, etc. r~r. Schneider - asked if this is deeded to the City, who wi 11 maintain the land. Attorney HawKins stated it '",ould be like any other public property, that the City would be responsible for maintaining it. MOTION by Ortte1, Seconded by Lachinski, introducing a Resolution approving the prel1minary plat of Oak Bluff as being developed by Continental Development Corporation, in Section 26-32-24 as proposed with the follONing changes: On the second condltlCUhder the NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of the City of Andover to hereby approve the Preliminary Plat of Oak Bluff, noting the follONing: There is a No.1 listed. No.2 would be that Lots 9 and 10, Block 4 minimum house pad elevation be increased to 894. Under the final BE IT FURTHER RESOLVED that approval of the plat is contingent upon the signing of the legal document regarding the open space. The legal document '",auld be a deed with a reversionary interest to the develcepr designating that the property be used for park or playground or public utility space until such time as it is reverted back, and the reversi on to take p lace at such time as sewer and water become avai lab le to the property. VOTE ON r.10TION: YES-Lachinski, Ortte1; NO-Elling, Windschit1 Motion failed. ~1ayor Windschit 1 thought if the property is going to be deve1qJed into small lots, the price of the stann sewer must be paid for as is done in other deve1qJments. Counci lmen Lachinski and Orttel didn't feel there was a mechanism in place to do so, that this is not final development as it is in R-4 platting, and that this is not being r~ired of any other developer in the R-l area. " ,"'1 J Regular City Council Meeting August 5, 1986 - Minutes Page 8 __ (Oak Bluff Preliminary Plat, Continued) Counci 1 debateq. the stonn sewer issue at sane length and also discussed a1ternative drainage plans with the develcper and engineers. Mr. Cook stated he has already agreed to accept the costs of drainage for the entlre area which is now being contained in the dedicated easement. If he wanted to uti lize that easement, he'd have to buy the drainage system to take that water out of there. He believes the value of four lots justifies a storm sewer system. Mr. Gust _ stated there are only eight lots draining into the pond on Outlot B. Discussion was also on the possibility of moving the pond out of Outlot B. Mr. Schrantz didn't feel it could be !TOved to Outlot A because of the elevation. Mr. Gust stated they can run the water fran the proposed lots to Outlot A, but they- cannot move the water fran the pond in Outlot B up to Outlot A. Mr. Cook _ stated he is giving the City an option. If the City wants the pond on Outlot B, he is dedicating the easement. If the City doesn't want the pond, the four lots wi 11 more than cover the cost of outletting it; and he'd be happy to pick up the cost of outletting the pond. Councilman Orttel was concerned that the Council is taking the position of not wanting ponds on any more plats, which he felt is contrary to what has always been done in the City. After further discussion, the following motions were introduced: MOTION by Elling, Seconded by Windschitl, to reconsider the previous motion. t~otion carrled unanimously. MOTION by Lachinski, Seconded by Elling, to reinstate Councilman Orttel's motion wlth the following additions which have been proposed by the developer: that the developer is willing to assume the trunk assessment for storm sewer for the entire 80 acres at the time of development of the open space area; and that at the same time that the area that is designated for ponding in the open space area would be removed; and that the developer also agrees that he would have one year to develcp the open space area into a plat to its final form, one year fran the time that city sewer and water becomes avai lable; and that the attorney is directed to prepare the agreement to be brought back for Council approval prior to the signing by the r~ayor and Clerk. Also, in the agreement, the City shall provide notice to the developer when sewer and water does, in fact, become available. Also, should the developer not obtain final plat approval within one year of the time that sewer and water becomes available, that the ownership of the property will revert to the City so that it can be sold to sane other developer. (See Resolution R119-86) Motion carried'unanimously. Councilman Elling stated he only voted for it to let Mr. Cook begin. But he does not agree wi th the pl at or the process and does not want to go through thi s process again. Council discussed the many problems that have evolved from this plat, suggesting the Planning Canmission look at a better process for development in the area which is planned to ultimately have municipal sewer and water. This was discussed agaln following the next Agenda item. PARK BOARD INTERVIEW/JOAN HARMS Council interviewed Joan Hanns, applicant for the Park and Recreation Commission asking reasons why she applied for the position, interests in recreation, opinion on the City's park system, etc. o \:,'V .";. " Regular City Council Meeting August 5, 1986 - Minutes Page g ---. C; (Park Board Interview/J Harms, Continued) MOTION by Lachinski, Seconded by Orttel, that we appoint and Recreation Commission for a term to expire 12/31/88. unanimous ly. Joan Hanns to the Park Motion carried ---- OAK BLUFF PRELIMINARY PLAT/PLATTING PROCESS, CONTINUED Counci 1 continued discussing possible platting processes to effect an orderly transition from rural to urban lot development in that area which is to be designated within the City's ultimate MUSA boundary. There was general agreement that the method used in the Oak Bluff plat of condensed zoning into one-acre lots is not desirable. Alternatives mentioned were to require large lot development (5, 10, or 20 acres) in the area not yet served by utilities, establish a.development line where development would not be allowed until the uti lities are available, urban platting with development only on every third lot, etc. It was also suggested a moratorium be placed on platting within that MUSA area not yet serviceable by utilities until an orderly platting process can be established by the City. It was also noted TKDA is doing the engineering calculations to determine the end of the sewer line and to establish the ultimate urban service area. MOTION by Lachinski, Seconded by Orttel, to request the Planning and Zoning Commlssion to consider a moratorium in platting nor the urban service expansion search area unti 1 such time as we'can get a recommendation on what method to proceed with development in the expanded urban service area. Motion carried unanimously. ELEMENTARY SCHOOL/ANDOVER SEARCH SITE Counci 1 discussed the potential of the Scho~l District No. 11 locating the new elementary school within Andover. The two sites that have been mentioned are the corner of Hanson Boulevard and Bunker Lake Boulevard and in the vicinity of Crosstown and Prairie Road. A suggestion was the City offer to pay for the S2'tler and water assessments to have the school located within Andover if it is located on Hanson and Bunker Lake Boulevards. No decision was made at this time, though it was asked that a dollar amount of those assessments be determined. ORDINANCE 8 AMENDMENT (HOUSE SIZES) Counci 1 agreed to table action on this amendment until the recommendations are received from the Planning Commission on lot sizes. MOTION by Lachinski, Seconded by Elling, that we table the matter of Ordinance 8 amendment, House Sizes, until the next regularly scheduled meeting. Motion carried unan imous ly. ORDINANCE 8 AMENDMENT (CRAFT AND ANTIQUE BUSINESS/R-4) MOTION by Lachinski, Seconded by Elling, introducing an Ordinance amendment Ordlnance No.8 and Ordinance No. 8EE, Known as the Zoning Ordinance of the City as proposed by the Planning and Zoning Commission. 1'10tion carried unanimously. ORD INANCE 10- AI-1EN-iJMEN1" -( RESTR I(TrONS ON FILING AND RECORD I NG CONVEYANCES) MOTION by Orttel, Seconded by Elling, introducing Ordinance 10J, an Ordinance amendlng Ordinance No. 10, knOtln as the Subdivision Ordinance of the City of ,';ndover as presented with the following changes: at the end of Line 2, add the word "buildable" at the end of the entire underlined portion, add "Any lot so realigned shall be accompan i ed @ a C ert; fi ca te of Survey." i'1ot ion carr i ed unan imous ly. " July J 1993 City of Andover Meet,jn~ Calendar Sunday Monday Tuesday ~ednesday Thursday Friday Saturday 1 2 3 7:00 Park CO.llission 4 5 6 7 8 9 10 9:00-12:00 - Fire Drill Independence Day Celebrat.ed 7:00 Cit.y 7:00-10:00 Council 11\.~. Fire Drill 11 12 13 1\:00-12:00 15 16 17 Fire Drill 7:00 P & Z 7:00-10:00 7:30 Park lieet.in~ Fire Drill COllllission 18 19 20 2~:00-f2:00 22 23 24 Fire Drill 7:00 Public 7:00 Tree 7:30 Cit.y 7:00-10:00 Works Open Co..ission Council lit.~. Fire Drill House 25 26 27 28 29 30 31 7:30 P & Z 7:00 F'Oept.. lieet.in~ Bus. 11t.~. As .eet.in~s are added t.o the calendar. please call Vicki Volk at. 755-05100 so that. .e .i~ht. updat.e t.he calendar .it.h each Council Packet. Revised 6-16-90 r _ ..};;:r#il';f:::~;ft:~:.. ,~,,:,~.J I' 'I~'~~..:' ."'1:_. ;. ~~:::c:::;~.. ""'j!l:"J!!.: ,. .. ,::"\"~,,,,,,- ~1'~;:~~:'4 . ..~.. t..~. '::j:l~~~~:,~, . CC.';';~;: '.'J!.;II~..:iL"~":::.';' ' '~':~::.~II'.'lrll...."~ .;.: '~~'~;~:':~~;!'T:~~;;;~'" August ~ 1993 City of Andover Meeting Calendar "'~~()~"'I";ri~?,!~. :"~':~.. fl.~t~~:> ':"l"'~, ,. !~:'\'~'!~::'''' ........... , -."..-... ~_.. ..\:i ...~.~.'".. .(.......,..,., . :'.';';~~ ...rltl.;il....lll!..~.:.j: ' : Z~~.'I'.I~~I'~.."-"": .~!~;;.~-;::J.~~I;::J:~:;~;.;~.!. .. h..........,...... .. (. ... ':;..~~~: ; .) ..' '.' Sunda~ Monda~ Tuesda~ ~ednesda~ Thursda~ frida~ Sat.urda~ 1 2 3 4 9:00 Fire 5 6 7 Drill 7::30 .Junk Yard T"Force 7::30 Cit~ 7:00 Fire 7::30 Park Council I1tEl. Drill COllllission 8 9 10 11 9:00 Fire 12 13 14 Drill Coodwill Donat.ion Trailer at DOllnt.olln Ct.r 7::30 P & Z 7:00 Fire 7:00 BudElet /'leet.inEl Drill St.ud~ I1t.El. 15 16 17 189:00 Fire 19 20 21 Drill U:45 Nort.h /'letro /'la~ors 7:00 Tree 7::30 Cit~ 7:00 Fire 7::30 Park COllllission Council 11t.~. Drill COllllission 22 23 24 25 26 27 28 7:30 P & Z 7:00 F"Dept. /'leet.inl1 Bus. 11t.11. 29 30 31 i As lIleet.in~s are added t.o t.he calendar, please call Vicki Volk at. 755-5100 so t.hat. we lIli~ht. updat.e t.he calendar wit.h each Council Packet.. Fall Recycling Day - September 11th III " 1': J '1 LJ '1 w FEASIBILITY REPORT ~ w ~ J EMERALD GLEN UTILITY AND STREET IMPROVEMENTS CITY PROJECT 93-11 J ..., , u r"'1 :.J CITY OF ANDOVER, MINNESOTA r"'1 J ..., u 'l u rl , u 1 u 1 u JULY 6, 1993 'l J COMM. NO.1 0454 ] TKDA TOLTZ. KING, DUVALL, ANDERSON AND ASSOCIATES. INCORPORATED '1 LJ ENGINEERS ARCHITECTS PLANNERS 1500 MERITOR TOWER 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHONE:6121292-4400 FAX:6121292-0083 '1 LJ 'l J .., I U '1 u TOLTZ, KiNG, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS-ARCHiTECTS-PLANNERS SAINT PAUL, MINNESOTA JULY 6,1993 .., u "l LJ ....., L.J FEASIBILITY REPORT FOR "l LJ EMERALD GLEN UTILITY AND STREET IMPROVEMENTS l LJ CITY PROJECT 93-11 'l u CITY OF ANDOVER, MINNESOTA ,..., LJ COMMISSION NO.1 0454 ,..., J r'\ U ~ u .., , , LJ I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. .., u ~a~ Thomas A. Syfko, P.E. Registration No. 15266 i u .., , L.J ..., , LJ .., i u .., 10454 L.J 1 L1 M I L1 Project Overview ...., , L1 F'l Overview Description Page LJ M Location Emerald Glen 1 SE 1/4 of Section 34 LJ Introduction M :..J Improvement 47 Single Family Lots 1 fJ Sanitary Sewer, Watermain, Storm Sewer Street Construction & Restoration LJ Initiation Petition! Andover City Council Action 3 n LJ Feasibility The project is feasible. 3 ,..., Right-of-way/Easements To be platted. Additional utility and drainage 3 L1 easements may be required. n Permits MPCA, MWCC, Department of Health, 3 LJ DNR, Corps of Engineers, Coon Creek Watershed District, City of Coon Rapids n LJ Completion 1994 Construction Season 4 ~ Estimated Project Cost $324,900.00 4 I ($249,916.00 Construction Cost) u M Assessments Unit Basis: 5 w $5,930.49 Lateral Assessment Rate $8,155.89 Lateral and Trunk Rate M ; Assessment Rate Lateral and Trunk Costs 5 LJ Calculations including Typical Lot Assessments n Estimated Construction Sanitary Sewer, Watermain, Storm Sewer 8 u Costs Street Construction and Restoration ,.., Location Maps Overall Sanitary Sewer, Sanitary Sewer, LJ Watermain, Storm Sewer and Street "l LJ n LJ ~i 10454 , j , 1 u ,.., i u EMERALD GLEN UTILITY AND STREET IMPROVEMENTS CITY PROJECT 93-11 CITY OF ANDOVER, MINNESOTA ,-, I J ~ LJ ""1 LJ Location r"l i u The proposed improvement covers the subdivision known as Emerald Glen, located in the SE 1/4 of Section 34, in the City of Andover, Minnesota. The plat proposes 47 single family lots. 'l u Introduction u In July, 1992, a Feasibility Report was prepared for the City of Andover outlining proposed utility and street improvements on Jay Street NW (Project 92-18) from 133rd Avenue NW to the proposed Commercial Boulevard alignment. In this feasibility report, the costs for utility and street improvements to the Emerald Glen plat have been combined to the previous assessable costs from the Jay Street NW report (92-18) to arrive at the total project cost. Also, the City of Coon Rapids has previously assessed trunk and lateral storm sewer improvements on the Emerald Glen plat. The developer and the City of Andover shall receive a credit from the City of Coon Rapids for lateral storm sewer constructed as pan of the proposed improvements. .., L-J 'I , .., u ~ u M Proposed Improvements L.J .., 1. Sanitary Sewer Sanitary sewer from the City of Coon Rapids will serve the Emerald Glen plat. u 1 u 8" sanitary sewer will be extended north on Martin Street NW and east on 134th Avenue NW from an existing stub on 133rd Avenue NW. 8" sanitary sewer will also be extended north on Killdeer Street NW from an existing stub on 133rd Avenue NW (See Drawing No.1). All residential lots will be served by 4" PVC services with a 4" PVC vertical cleanout located at the property line. ,.., LJ ..., u " LJ '1 , LJ ,-, -1- 10454 , cJ ,..., , LJ n , LJ ,..., , J !"'"{ LJ " LJ ,.., u 'l , LJ -, LJ -, L..l M, , u " LJ n u ., i U " , LJ .., I LJ ,..., LJ " u ,..., u n , , U 2. Watermaln 8" watermain will be extended south on Killdeer Street NW from the existing watermain constructed as part of the Pheasant Meadows improvements and east along the north side of 133rd Avenue NW to connect with an existing 8" watermain constructed as part of the Jay Street NW improvements. 8" watermains will be constructed on 134th Avenue NW and Martin Street NW. The Martin Street NW watermain will be looped to the west along the north side of 133rd Avenue NW, with a connection to the existing watermain on Nightingale Street NW constructed with the Hidden Creek East 4th Addition (See Drawing No.1). All residential lots will be served by 1" copper services, with curb stops located at the property line. Rre hydrants will also be placed at appropriate locations. 3. Storm Sewer Surface water within this plat will be controlled with storm sewers and on-site ponding. All storm sewer sizing and catch basin spacing is based on a 1 a-year design storm frequency. Ponding is based on a 100-year design storm frequency. Emergency overflow outlets must be provided at all low areas to provide overflow protection of homes for storms more intense than that used for design of the storm sewer collection system. The developer has proposed backyard ponds on the north side of the plat (Block 1) and the east side of the plat (Block 3). The pond in Block 1 will have a piped outfall to the south through the low point on 134th Avenue NW into a sedimentation pond prior to discharging into the existing wetlands along the north side of 133rd Avenue NW (See Drawing No.3). The pond in Block 3, which is a designated wetland, will also have a piped outfall to the west through the low point in Killdeer Street NW to the same sedimentation pond mentioned above. In conjunction with the previous City of Coon Rapids storm sewer project, funds were set aside for the purchase of ponding areas. The existing wetlands in Block 2 of the Emerald Glen plat was part of the previous overall trunk storm sewer design. It is anticipated that the City of Coon Rapids will reimburse the developer for the area below the 100-year pond elevation (1.90 acres @ $5,000.00/Acre = $9,500.00). All construction adjacent to wetlands must be approved or reviewed by the Corps of Engineers, the Department of Natural Resources and/or the Coon Creek Watershed District. All permits related to total site grading are the responsibility of the developer. -2- 10454 n LJ "\ L1 4. Streets '" Streets are proposed to be constructed to Andover City Standards of 32-foot width (face to face of curb) and concrete curb and gutter. Two inches of bituminous wearing course will be placed over 4 inches of Class 5 gravel base. It is assumed that all street areas will be graded to within 0.2 feet of the designed subgrade elevation prior to utility and street construction by the Developer. The road shall have a 6-inch crown with 0.5% minimum grade and 7% maximum grade. Grades within 30 feet of street intersections shall not exceed 3%. Boulevards are proposed to have a positive 2% grade from the back of curb to the property line. Beyond the property line, the maximum boulevard slope shall be 4:1. n i L1 , LJ ..., L1 ~~ :...J "\ L1 Initiation " ! LJ The project was initiated by petition of Ashford Development Corporation, Inc., the owner and developer of the project, and Andover City Council action. r-, L..l Feasibility ,.., The project is feasible. L1 'I LJ Rlght-of-way/Easements All right-of-way and easements are proposed to be dedicated as part of the platting process. Additional utility and drainage easements may be required based upon final design. '1 ~ ..., I LJ Permits .., , Permits will be required from the Minnesota Pollution Control Agency (MPCA) and the Metropolitan Waste Control Commission (MWCC) for sanitary sewer extensions, from the Minnesota Department of Health for watermain extensions, and from the Coon Creek Watershed District, from the Department of Natural Resources and/or Corps of Engineers for drainage improvements and work within watershed control of wetland protection areas. Also, approval from the City of Coon Rapids will be required due to connection to their sanitary sewer and drainage from the plat will discharge into the Coon Rapids storm sewer system. ! L1 u ~. Li r-, u ...., u ..., -3- 10454 , , 1 LJ n, u Completion Utilities - 1993 Construction Season Streets and Restoration - 1994 .., LJ " u Estimated Project Cost Included in this report is a detailed estimate of construction costs for the street and utility improvements. The costs quoted herein are estimates only and not guaranteed prices. Rnal contracts will be awarded on a unit price basis. The Contractor will be paid only for work completed. 1 L.J '""l u The estimated costs for the Emerald Glen improvements, Project 93-11, are as follows: '1 ; u Emerald Glen (1) $62,256 67,436 23,806 59.995 $9,975.00 9,720.00 6,780.00 9.948.00 Jay Street NW Total Project 92-18 (2) (93-11) .., . Sanitary Sewer Watermain Storm Sewer Streets and Restoration LJ r-, , LJ 'I U Total Estimated Construction Cost '1 LJ Contingencies Engineering Legal Fiscal Administration 'I , ;j Total Estimated Project Cost " LJ (1 ) (2) (3) (4) Emerald Glen Plat Lot 1 - 17, Block 1; Lots 1-16, Block 2; and Lots 1 - 7, Block 3. Emerald Glen Lots - Lots 8-14, Block 3, included in previous Feasibility Report for Jay Street NW (92-18) Includes $4,920 x 1.3 = $6,396.00 to be assessed to Hidden Creek East 4th Addition. The City of Andover and the developer shall receive credit for lateral storm sewers constructed from the City of Coon Rapid's previous assessment. .., , , u ., , u " , Proposed Lateral Storm Sewer = $30,586.00 x 1.3 previous Lateral Assessment = u '1 ~ ,.., , I Ll .., -4- I j $72,231.00 77,156.00 (3) 30,586.00 (4) 69.943.00 $249,916.00 17,484.00 45,000.00 2,500.00 2,500.00 7.500.00 $324,900.00 $30,761.80 $40,387.03 10454 1 LJ r-, u Estimated Assessable Cost ., The assessments are proposed to be based on a per unit cost for all lateral and trunk benefit. The assessable project cost includes the estimated project cost for sanitary sewer, watermain, storm sewer and street construction. u .., LJ Trunk sanitary sewer and watermain connection and area charges are proposed to be assessed under this project based on the 1993 rates established by the City of Andover: .., u " LJ Trunk Sanitary Sewer Connection Charge Trunk Watermain Connection Charge Trunk Sanitary Sewer Area Charge Trunk Watermain Area Charge $269.50/Unit $1,125.00/Unit $975.00/Acre $1,038.00/Acre ..., u Rate Calculation - Emerald Glen ~ LJ 1. Sanitary Sewer Rate Lateral Benefit ($72,231.00 x 1.3) = Lateral Sanitary Sewer Rate = $93,900.30/47 Lots = Watermaln Rate $93,900.30 $1,997.88/Unit '1 Li ,.., 2. LJ Lateral Benefit ($77,156.00 - $4,920.00) x 1.3 Lateral Watermain Rate = $93,906.80/47 Lots $93,906.80 $1,998.02lUnit '1 u 3. Storm Sewer Rate '1 u Previously Assessed $0.00 ,.., I LJ 4. Street and Restoration Rate ..., , u Lateral Benefit ($69,943.00 x 1.3) = Lateral Street & Restoration Rate ($90,925.90/47 Lots) $90,925.90 $1,934.59/Unit 5. ., Trunk Sanitary Sewer Area Rate ($975.00/Acre x 19.4 Acres)/47 Lots 6. Trunk Watermaln Area Rate $402.45/Unit LJ ., u ($1 ,038.00/Acre x 19.4 Acres)/47 Lots $428.45/Unit ,.., LJ r-, , LJ ., -5- 10454 L1 1 LJ 'I U Emerald Glen - Estimated Cost per Lot ..., Sanitary Sewer Lateral Watermain Lateral Storm Sewer Lateral Street and Restoration $1,997.88 $1,998.02 $0.00 (Previously Assessed) $1.934.59 LJ 'I LJ ,., Total Lateral Benefit per Lot. Sanitary Trunk Connection Charge $269.50 Watermain Trunk Connection Charge $1.125.00 Subtotal - Connection Charges per Lot $1,394.50 $5,930.49 LJ ,...,. L-J '1 LJ Trunk Sanitary Sewer Area Rate $402.45 Trunk Watermain Area Rate $428.45 Subtotal - Area Charges per Lot $830.90 Estimated Total of Trunk and Lateral Assessments $8,155.89 'l , u 1 u ,..., LJ '1 u '1 LJ ..., I LJ ., i LJ ..., LJ ..., LJ ,.., ..J ,., ~ 1 , j -6- 10454 ..., LJ 'I LJ PROPOSED PROJECT TIME SCHEDULE ~ , Emerald Glen Utility and Street Improvements City Project 93-11 City of Andover, Minnesota Commission No.1 0454 'I u LJ ..., I LJ ."\ u 1. City Council Receives Feasibility Report July 6, 1993 2. City Council Waives Public Hearing July 6, 1993 3. City Council Orders Project and Authorizes Engineer to Prepare Plans and Specifications July 6, 1993 4. Engineer Submits Plans for Council Approval and Receives Authorization to Advertise for Bids August 17, 1993 5. Advertise in Official Newspaper August 20 & 27, 1993 6. Advertise in Construction Bulletin August 20 & 27, 1993 7. Open Bids September 10, 1993 8. City Council Receives Bids and Awards Contract September 21, 1993 9. Contractor Begins Construction October 4, 1993 10. Contractor Completes Construction January 1, 1994 "\ :..J ...., , tJ n I LJ .-, LJ 'I LJ ..., L1 n I I ~ "l I U ., u ...,. , w ,.., ..J n , LJ ~ -7- 10454 w " L.J '\ L1 PRELIMINARY COST ESTIMATE ., L1 Emerald Glen Utility and Street Improvements City Project No. 93-11 City of Andover, Minnesota Commission No. 10454 " L1 " o c c SANITARY SEWER Item Unit No. Description Quantity Price Amount 1 Mobilization 1.0 LS $4,000.00 $4,000.00 2 Connect to Existing Sanitary Sewer 2.0 EA 300.00 600.00 3 8" PVC SDR 35 SS 0-10' 100.0 LF 14.00 1,400.00 4 8" PVC SDR 35 SS 10-12' 707.0 LF 15.00 10,605.00 5 8" PVC SDR 35 SS 12-14' 770.0 LF 17.00 13,090.00 6 8" PVC SDR 35 SS 14-16' 210.0 LF 20.00 4,200.00 7 Standard 4' Diameter Manhole 0-10' 8.0 EA 1,100.00 8,800.00 8 Extra Depth Manhole 19.3 LF 70.00 1,351.00 9 Outside Drop Connection 2.0 EA 1,250.00 2,500.00 10 8" x 4" SDR 35 Wye 40.0 EA 40.00 1,600.00 11 4" Vertical Cleanout 40.0 EA 50.00 2,000.00 12 4" PVC SDR 35 Service Pipe 1,330.0 LF 7.00 9,310.00 13 Rock Trench Stabilization 300.0 LF 6.00 1,800.00 14 Televise Sanitary Sewer Lines 1.0 LS 1.000.00 1.000.00 Estimated Construction Cost - Sanitary Sewer $62,256.00 L1 "\ , L1 '"1 u ,...., I U n u 1 u .., L1 .., LJ ." L.i ", ..J ,.., .J ,.., , -8- 10454 w ,.., I U 'I LJ 'l u ,.., u ,., LJ 1 LJ 'l LJ 1 2 3 4 5 6 7 a 9 10 11 ,.., , , , u o c C n u ." .J ..., LJ .., , ki 1 w ,., LJ 'I I U ..., L1 PRELIMINARY COST ESTIMATE Emerald Glen Utility and Street Improvements City Project No. 93-11 City of Andover, Minnesota Commission No. 10454 WATERMAIN Item No. Description Quantity Connect to Existing Watermain 6" DIP Class 50 Watennain a" DIP Class 50 Watennain 6" MJ Resilient Seat Gate Valve a" MJ Resilient Seat Gate Valve 6" MJ Hub Hydrant a'-6" Relocate Hydrant MJ CIP Fittings 1" Type K Copper Tap Service 1" Corporation Stop 1" Curb Stop with Box 4.0 EA 120.0 LF 2,600.0 LF 4.0 EA 5.0 EA 4.0 EA 1.0 EA 2,310.0 LB 1,360.0 LF 40.0 EA 40.0 EA Estimated Construction Cost - Watermain Unit Price $ 300.00 12.00 14.00 400.00 500.00 1,100.00 1,000.00 1.60 7.50 50.00 75.00 Watermaln to be Assessed to Hidden Creek East Addition Connect to Existing Watennain a" DIP Class 50 Watermain 1.0 EA 330.0 LF -9- 300.00 14.00 Amount $1,200.00 1,440.00 36,400.00 1,600.00 2,500.00 4,400.00 1,000.00 3,696.00 10,200.00 2,000.00 3.000.00 $67,436.00 $ 300.00 4.620.00 $4,920.00 10454 ,.., I LJ '1 LJ PRELIMINARY COST ESTIMATE 'I LJ Emerald Glen Utility and Street Improvements City Project No. 93-11 City of Andover, Minnesota Commission No.1 0454 'l u ,..., I LJ STORM SEWER ,''''''1 LJ Item No. Description o D C C 1 2 3 4 5 6 7 8 9 10 12" RCP Class 5 Storm Sewer 15" RCP Class 5 Storm Sewer 18" RCP Class 3 Storm Sewer 12" RC Flared End Section 15" RC Flared End Section 18" RC Flared End Section 4' Diameter Catch Basin 0-10' 4' Diameter Manhole 0-10' Cable Concrete Baffled Weir Estimated Construction Cost - Storm Sewer n I' U "l u "l I W .., , LJ .., I u ..., ...j ,.." ....J ,.., LJ .., -10- L,j Quantity 130.0 LF 390.0 LF 140.0 LF 1.0 EA 4.0EA 1.0 EA 4.0 EA 1.0 EA 256.0 SF 1.0 EA Unit Price $ 18.00 20.00 22.00 450.00 500.00 600.00 1,000.00 1,000.00 6.00 1.000.00 Amount $ 2,340.00 7,800.00 3,080.00 450.00 2,000.00 600.00 4,000.00 1,000.00 1,536.00 1.000.00 $23,806.00 10454 'l LJ n , L...J PRELIMINARY COST ESTIMATE 'I LJ Emerald Glen Utility and Street Improvements City Project No. 93-11 City of Andover, Minnesota Commission No.1 0454 'I u .., L...J STREETS AND RESTORATION n Item No. Description u " 1 Common Borrow 2 Common Excavation 3 Subgrade Preparation 4 Surmountable Curb and Gutter 5 B618 Curb and Gutter 6 Class 5 Gravel 7 Bituminous Mix 2331 Type 41 8 Seeding (Mix No. 900) L...J ,.., u n I . U Quantity 450.0 CY 450.0 CY 18.7 RS 3,660.0 LF 150.0 LF 1,700.0 TN 820.0 TN 1.6 AC Unit Price $ 4.00 3.00 100.00 5.00 6.50 8.00 25.00 1.000.00 Estimated Construction Cost - Streets and Restoration c c C D 'rl I u "\ , ~ ...-, u ,., I u ,.., , u I LJ -11- Amount $ 1,800.00 1,350.00 1,870.00 18,300.00 975.00 13,600.00 20,500.00 1.600.00 $59,995.00 10454 ~ - i=! - z W (f) I 0 0:: ~ W l'0 (f) W 10 W 0::: ~ (J) W ~ ~ ...J ~ Z (!) (f) W ..... Z W 0 ~ u z (f) a a W W ~ 0 ...J Z > J >- <( <( 0 .. 0::: Z 0 0:: ~ 0::: 0::: 0::: . >- W ~ W ~ a.. a.. > ~ ...J ~ >- 0 z ~ W ~ a <( 0 ..... z (f) u :) u <( z n: UJ ~ UJ n: . (f) UJ 0 2 ~ Z <t UJ CI) (f) (!) CD 2 0::: 0 ~ a UJ (!) (f) 2 0 .... Q. 0 (f) n: x Q. UJ (' ( I I I I I 11. I I I I (~ J I LI :.is ),:v r / L '.;>--~-- I I I CD en 0 N lQ V I I l'0 I W f'- (1) lO V lQ I I 'M'N lS ~33all)i N I I I I -<?--~-- I I I W ~- I 1 lO I Z I (l. . ~ 0 W ( ~- V I !.... Z I to.. m I ~.' :~.:~ ",e lQ . I "0 ..,' ::~ W-(\J W L.. 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(f) W J- Z J- 0 ~ u ~ W 0 W W . ...J Z > J W 0 <( <{ 0 0 .. 0:: Z 0:: 0:: 0:: 0:: J- . >- W (f) ~ W J- a.. a.. > ~ -.J ~ >- 0 ~ W J- 0 0 J- Z U :J U <{ z J IU :is xtJr m m 0 - N ~ V r<> ,... to It) V ~ N ,... It) to to - It) - ~ 0 V Z (;~ m .' ~ . .... ::.... W-C\J t., . .... ~ m ~ CJ ~- .- t.:( Z.. :.\. .c ,... ::{~ - - - ~ z :3 0 r<> to ~ (\J .c m V - j\\'N IS NLHH1~ ~ r<> - V ~ (\J r--- ~ . o z . C> 0:: o / L c-J LJ c:::.::J c:::.::J CJ CJ c.J E3 ~ LJ c=J LJ [--.J LJ LJ LJ c:::::J CJ r 1 . " DOWNTOWN DAYS' .' i .. Saturday, Julv 24 · Humane Society ... . 10:00-5:00 p.m. . . Pet Adoption ". ' ,. ., . · Baby Crawling. . : ..10:30 -12:00 p.m. . Contest ' ',WESTERN DAYS.' n · Western Family ..; .11:00. -12:00p.m. , Parade.. '" · OutdoorCraft..:... . 11:00-4:00 p.m. Show .; Pig Roast. . . . . . .. . .11:00-6:00 p.m. (sponsored by Festival Foods) · Magic by . . . . . . . . .12:00-12:30 p.m. " Karl Achilles & 1:00 -1:30 p.m. · Hayrides. . . . .. . . . . .1:00 -3:00 p:m. , , . & Pony Rides .. . .; Country Line.. .. . . . .2:00 - 4:00 p.m. Dancing · Teddy Bear Band . . . . . 1:30 - 2:15 p.m. · Performance by. . . . . .3:00- 3:45 p.m: Dance Fever . JulV 15 through Julv 18 · Sidewalk Sale Saturday, Julv 17 PET FAIR · Registration. . . . . . . 10:00 - 11 :00 a.m. . & Set-Up · Small Animal. . . . . .11:00 -12:00 p.m. Races ' . , . Sunday, August 1 · Fall Fashion Show ........2:00 p.m. - · PetTricks.:.....: ....12:00-1:00p.m. · Pet Show. . . . .....: .1:00-2:00 p.m., . · StreetDance . ~ . . . . .7:00 -11:00 p.m. ., . featuring the. " ,. . " Monarch Band . . (sponsored by Merwins) OL t-{:"'Q3 Office of ANOKA COUNTY SHERIFF , I' KENNETH G. WILKINSON I' I. i t ~ ~ ~_c______ 325 Jackson Street - Anoka, Minnesota 55303-2210_ 612-323-5000 Fax 612-422-7503/ l . ; ': -Jf' .f;:,'~' "'0 ---.-----.-- ~-_.._"._- q } \1 ') ';- ... ...... ;" (- p ~;'5 3 i' J CITY OF ANDOVER MONTHLY CONTRACT PRODUCTIVITY REPORT MONTH: May , 1993 This report reflects the productivity of the Andover contract cars, 3125, 3135, 3145 and 3155. It does not. include activity by Sheriff's Department cars wi thin the city during non-contract hou=s, Lor, activity by other Sheriff's Department cars within the City during contract hours. Arrests: Traffic 85 Arrests: Warrant 9 Radio Calls 516 Complaints 414 Medicals 11 P.I. Accidents 7 P.D. Accidents 11 Domestics 12 House Checks 13 mol! 2 Arrests: Felony 1 G.M. 3 Misdemeanor 16 Papers Served: o Warnings: 60 Business Checks 615 Aids: ?ublic 58 Other Agencies 63 TOTAL MILES PATROLlED: 10,473 CAPTAIN LEN CHRIST ANOKA COUNTY SHERIFF'S DEPARTMENT PATROL DIVISION -6- Affirmative Action I Equal Opportunity Employer " bALl::. C):-- A~ 1/~ 06/16/93 ANDOVER VOLUNTEER FIRE DEPARTMENT TOTAL FIRE AND EMS CALLS FOR THE MONTH OF MAY 1993 DAY/ MTH OTR YTD CALL RESP SCENE FIRE/ NIGHT/ # PRIMARY I I I DATE TIME TIME TIME EMS WEEKEND ADDRESS REASON RESP STATION --. --- --- ----- ----- ----- ----. ----- --------- ------------------------ ---------------------------- ------ ------- 1 39 132 OS/OI 20:48 20:50 20:57 EMS NIGHT (WI 16171 VINTAGE ST POSSIBLE HEART 21 2 2 40 133 05/03 00:32 00:36 00:43 EMS NIGHT (W 15571 POTOWATOMI ST POSSIBLE HEART 11 2 3 41 134 05/03 15:07 15:09 15:10 FIRE DAY CROSSTOWN & BUNKER AUTO P.I, 11 1 4 4213505/04 16:45 16:46 16:49 FIRE DAY CD RD 9 & SD CDDN CREEK AUTD P.I. 17 1 5 43 136 OS/05 16:32 16:33 16:38 FIRE DAY 3720 152ND AVE GRASS FIRE 20 2 6 44 137 05/06 00:34 00:40 00:42 EMS NIGHT 15745 CROSSTOWN BLVD DIFFICULTY BREATHING 7 3 7 45 138 05/06 10:56 10:57 CANC FIRE DAY BUNKER & RR TRACKS AUTO P,I, 14 3 8 46 13905/08 15:58 15:58 16:00 FIRE DAY (W) BUNKER & JONOUIL ST AUTO P.I, B 1 9 47 140 05/09 00:49 00:51 00:54 EMS NIGHT (W) 2537 138TH AVE 11 DIABETIC REACTION 8 1 10 48 141 05/12 14:54 14:57 15:07 FIRE DAY 17371 HEATHER ST GRASS FIRE 15 2 11 49 142 05/12 20:05 20:06 20:07 EMS NIGHT 2310 139TH AVE DIFF BREATHING/ALLERGIC REACT 9 1 12 50 143 05/12 20:17 20:17 20:19 FIRE NIGHT HANSON & 145TH CAR FIRE 8 3 13 51 144 05/13 15:31 15:32 15:36 FIRE DAY 3360 15lRD AVE FIRE ALARM (RESIDENTIAL) 15 2 14 52 145 05/13 22:12 22:13 22:17 FIRE NIGHT BUNKER & RR TRACKS GRASS FIRE 18 3 15 53 146 05/14 11:09 11:12 11:13 EMS DAY 14148 UPLANDER ST INJURIES-FALL FROM A LADDER 11 1 16 54 14705/15 07:29 07:31 07:35 EMS DAY (W; 2143 140TH LANE DIFFICULTY BREATHING 13 I 17 55 14805/16 13:04 13:12 13:19 EMS DAY (W 14655 PALM ST CHILD IN SEIZURES 2 3 18 56 14905/1701:3701:4301:44 EMS NIGHT W) 2082 141ST LANE INSULIN REACTION 7 I 19 57 150 05/19 22:47 22:49 22:51 EMS NIGHT 2917 142ND AVE 2 WEEK OLD-NOT BREATHING 13 I 20 58 151 05/20 12:03 12:04 12:04 FIRE DAY BUNKER & MARIGOLD ST AUTO P.I. 15 I 21 59 152 05120 15:09 15:11 15:14 EMS DAY 13625 ROUND LAKE BLVD SEVERE NECK SPASMS 14 1 22 60 153 OS/22 05:34 05:38 05:42 FIRE NIGHT lW) 3968 NORTH ENCHANTED DR WOODPILE BURNING NEAR HOUSE 18 2 23 61 154 OS/22 10:38 10:43 10:48 FIRE DAY (W 2517 138TH AVE CAR FIRE 7 1 24 62 155 OS/22 15:25 15:26 15:30 EMS DAY (W 15514 LARCH ST ALLERGIC REACTION-BEE STING 6 3 25 63 156 OS/24 16:37 16:37 16:40 FIRE DAY BUNKER & CO RD 9 AUTO P.I. 16 1 26 64 157 OS/25 03:43 03:50 03:56 EMS NIGHT 2350 177TH AVE DIABETIC REACTION 6 3 27 65 158 OS/29 08:06 08:07 08:11 FIRE DAY (W 2356 136TH AVE SMOKE FROM A HOUSE 16 I 28 66 159 05129 00:08 00:09 00:15 EMS NIGHT W) 14072 AITEC 5T POSSIBLE ETOH 6 I 29 67 160 OS/29 16:38 16:39 16:47 FIRE DAY (W 5115 159TH AVE SMOKE IN THE AREA 10 2 30 68 161 OS/29 17:06 17:06 17:14 FIRE DAY (W 1814 11lTH LANE MUTUAL AID - COON RAPIDS 17 1 31 69 162 05130 03:02 03:05 03:09 FIRE NIGHT WI HANSON & 148TH AUTO P,I, 18 3 32 70 16305/30 05:47 05:49 05:56 FIRE NIGHT W HANSON & 145TH AUTO P,I, 19 3 33 71 164 05/30 15:17 15:17 15:20 EMS DAY (W 13774 CROSSIOWN BLVO POSSIBLE STABBING 8 1 34 72 165 05/30 19:20 19:21 19:27 FIRE NIGHT W) 15825 7TH AVE AUTO P.1. 15 2 35 73 166 05/31 19:55 19:56 19:59 FIRE NIGHT 13646 CROOKED LAKE BLVD FIRE IN GAS OVEN 24 1 36 74 16705/31 21:3921:4421:47 EMS NIGHT 16107 7TH AVE DIABETIC/DIFFICULTY BREATHING 10 2 453 TOTALS MTH OTR YTD I I I DRILLS & MEETINGS 05/05/93 DRILL 05/12/93 DRILL 05/19/93 DRILL OS/26/93 BUSINESS MEETING 32 35 36 28 131 2 4 17 EMS S 7 22 EMS 4 9 16 EMS 5 11 23 EMS 16 31 78 EMS DAY NIGHT WEEKEND (DAY) WEEKEND (NIGHT) TOTAL B 16 36 FIRE DAY 3 8 22 FIRE NIGHT 5 9 15 FIRE WEEKEND (DAY) 4 10 16 FIRE WEEKEND (NIGHT) 20 43 89 FIRE TOTAL 10 20 53 TOTAL DAY 8 15 44 TOTAL NIGHT 9 18 31 TOTAL WEEKEND I DAY) 9 21 39 TOTAL WEEKEND NIGHT) 19 38 84 TOIAL OAY 17 36 83 TOTAL NIGHT 36 74 167 GRAND TOTAL STATION 'CALLS CURRENT MONTH YTD -------------------------------------------- STATION I STATION II STATION III 18 9 9 80 50 37 36 167 --------------- --------------- $< (j~,~.q) I-58 Oak Grove BEFORE THE MUNICIPAL BOARD OF THE STATE OF MINNESOTA Kenneth F~ Sette Robert J. Ferderer John W. Carey County Commissioner County Commissioner Chair Vice Chclir Commissioner Ex-Officio Member Ex-Officio Member ------------- IN THE MATTER OF THE PETITION FOR THE INCORPORATION OF THE TOWN OF OAK GROVE PURSUANT TO MINNESOTA STATUTES 414 ------------------ Notice is hereby given that a public hearing will be held Oak Grove Town Hall, Cedar, Minnesota commencing at 9:30 a.m. All persons shall be given an opportunity to be heard orally and to submit written data, statements or arguments concerning the above- entitled matter. The right to testify and the admission of testimony and other evidence shall be governed by the Rules of the Minnesota Municipal Board. [The Rules of the Minnesota Municipal Board may be purchased from the Documents Section, 117 University Avenue, st. Paul, Minnesota 55155, (612) 297-3000.J The property proposed for incorporation is described as follows: sections 1 through 4, and; the south 1/2 of Section 5, and; the east 1/2 of the NE 1/4 of Section 5 and; the south 1/2 of Section 6 and; the NW 1/4 of Section 6 and; that part of the NE 1/4 of Section 6 lying north of the -2- center line of County Road 24 and the west 1237.5' of the NW 1/4 of the NE 1/4 of section 6 and; sections 7 through 36, all within Township 33, Range 24, Anoka County, state of Minnesota. Approximately 22,600 acres. After all testimony is complete and the record is closed, the Board will meet from time to time to deliberate, approve and issue its findings and order. Persons desiring to be present at such meetings or conference call meetings should contact the Board Office. For special accommodations, please contact the Minnesota Municipal Board, 475 McColl Building, 366 Jackson street, st. Paul, Minnesota 55101-1925, (612) 296-2428; Twin cities TDD (612) 297- 5353; or Greater Minnesota TOO 1-800-627-3529. Dated this 16th day of June, 1993. MINNESOTA MUNICIPAL BOARD 475 McColl Building :fo~:;;:sot:l'O' Patricia D. Lun~ Assistant Director " " DEBRA ANN MENTH July 6th 1993 city of Andover 1685 NW Crosstown Blvd Andover, Mn 55304 ATTENTION: Andover City Council SUBJECT: ALLOCATION OF PROPERTY INTO MUSA Mayor of Andover I, Debra Ann Menth would like to request that the Andover City Council consider including the following parcels of land into the MUSA allocation. 1.R26 32 24 33 0002 2.R26 32 24 33 0007 This land is a total of appoximatly 6 acres and is located off of Hanson Blvd And Andover Blvd. This would allow for development to the south part of Andover as the city council has indicated. Sincerely,. \ ) /fa:)/I h;(c;;f; Debra Ann Menth 1416 Andover Blvd N.W. Andover, Mn 55304 (6l2) 434-8898 l. " Ernest W. & Marilyn D. Trettel .' July 6, 1993 City of Andover 1685 NW Crosstown Blvd. Andover, MN 55304 ATTENTION: Andover City Council SUBJECT: ALLOCATION OF PROPERTY INTO MUSA Mayor of Andover I, Ernest W. Trettel would like to request that the Andover City Council consider including the following parcels of land into the MUSA allocation. 1. PIN R26 32 24 24 0001 2. PIN R26 32 24 24 0004 3. PIN R26 32 24 24 0005 4. PIN R26 32 24 32 0001 10 .4 9 acres 9.85 acres 10.44 acres 10.00 acres This land is located off Andover Blvd. and East of Hanson Blvd. This would allow development to the South part of Andover as the City Council has indicated Sincerely, ~::;C;ttt/ 3"- Ernest W. Trettel 1412 Andover Blvd NW" Andover,:MN 55304 I,~ ~~~~~;,o~ ....~. I '" . I: .'0 I.. '" . "... m" ..'.-.n-m.i:r. '- - ~, \,~ yW '~~ ~ - - -il- - ~. I ~ \-/~~\~~ ' r 10 . : I ."'( ~ /J ~. , 9 . :.1 1'12]'1"1' f1" q , I' 7~..!2. I I I' , f 6 iii " J.f" I S .Jh~iT. : I ~ ~MJ:~ .s2.1;, TI t "S ~ I I I -Ii ~ 22 .II N ~~ ;,,#-Q : I ..!... 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' OAKS 2. ; ...- I \, i '-, , ....... , ......l:1 ANJOVER ELEMENTIRY SCHOOL I I .~~ I i" , .- -_-'-_'-_L_ , T/~ " 1" ~ .. .. I , ,/1' · :,,1 ' :::::-- - ~ f- !: ~ '- I, ~ C;pjib~~~~;.~: ,'-'- - - I I I I , II l! Ii " . . D " ... a ~ I ,. r WA _. -TiS" I 2k . .3 Z - 24--'32.. ... 000 "2- U. -on -Z4--rrail~==-f'1 ..- MLS .. Custom Built Homes Residential Real Estate Jtlly 6, 1993 Mr. Dave Carlberg, City Planner Andover City Hall 1685 NW Crosstown Boulevard Andover, MN 55304 Dear Mr. Carlberg: I am requesting that you will grant that the following 2 parcels also be included in the M.U.S.A. line. The 2 parcels described below should be included as they both have sewer and water running through them and are both located south of Andover Blvd. and east of Hanson Blvd. One parcel, f~, is the Heil property and the other, parcel #2 is the Thomas and Marlene Adler property. I am asking that you will grant my request at this time. Thank you very much. Sincerely, ,~ .;r?7<:' ~~ ZnCft E. Smi th Raintree Realty, Inc. RES/lp Raintree Realty, Inc. 11925 Highway 65 N.E. Blaine. MN 55434 (612)755-7750 /)~'~'~~f\~\' li.~ ." ~ ....{' I I ,I I11III,11 /'50' I'~ ,...vo:-._............_........._.._........~....~.r. - - l1li ~ :1 I . \' h(-v.. V-, :I ~ T )...ir\ N'~ : I _.:1. ~ j : 1 .I/lzl' 4 S J 11 "Z 7' ---- , I I : I 11.1Jji f. .Joft J$ I , , u J.- NCXNER 1t#:..J~ J I ELDENTMY I 4 411' "U J/" \..!.. SCHOOl.. 1 $ 2J JO n r; ,:- h trI: t-;- .,,, "H ~I'-" 51 I I . u..... : ' .,. ..,""' , 1.2 ;m@; ,J.!" 2(3:' 'j. ///. , ;-; · 3" IIS4~:~' 2 / , .' 2 ~ '-f' .I',~..,,".., /~6 s/ I ? ...,.,.... Y AVf n....l ' - ~ ~'\l.:.Il' ",'^;,~ 'F~/6, 2 ; 'ft"lJ~~ .~ :~ ~~. , ....!.~mil'l~ ~\~:s: II) I ~ J--""" ~ " IS , . It!2 ]14'5"1711,'511' \: 116 .. . I : ;'\.i-j. '1'1' ,1+ ,1, ~';Li!::::-~-'\-_.. 1~~~Af> R-4!!~~~~~ '. ,. , - I ~ , :'i . -. ,.;.!.. t:::;: ..~~ ~ ~ ~. '. " ' , I ~ : Tl;:- 4: ! 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