HomeMy WebLinkAboutCC October 3, 2006
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1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER,MN,US
Regular City Council Meeting - Tuesday, October 3, 2006
Call to Order - 7:00 p,m.
Pledge of Allegiance
Proclamation - Columbia Park Medical Group Dav
Badl!:e Presentations Fire Department
Resident Forum
Agenda Approval
1. Approval of Minutes (9/19/06 Regular)
Consent Items
2. Approve Payment of Claims - Finance
3. Accept Contribution/John & Rita Bergeson/Fox Meadows Fencing - Finance
4. Appoint General Election Judges - Clerk
5. Declare Costs, Order Assessment Roll & Schedule Public Hearing for 2006 Delinquent Utility Service
Charges, False Alarms & Mowing Fees - Finance
Discussion Items
6. Consider Sketch Planffownhomes/Located Between Crooked Lake Blvd. NW & Gladiola St. NW -
Planning
7. Approve Final PlatlWhite Pine Wildemess/16l st Avenue & Crane Street - Planning
8. Update Community Center Refinancing - Administration
9. Review Charitable Gambling Ordinance - Administration
Staff Items
10. Schedule Date for City Administrator's Review - Administration
11. Schedule October Council Workshop - Administration
12. Schedule EDA Meeting - Administration
13. Administrator's Report - Administration
Mayor/Council Input
Adjournment
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CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
CC: Jim Dickinson, City Administrator
TO: Mayor and City Council
FROM: Vicki V olk, City Clerk
SUBJECT: Proclamation-Columbia Park Medical Group Day
DATE: October 3,2006
INTRODUCTION
The Columbia Park Medical Group will celebrate its 50-year anniversary on Saturday,
October 14, 2006.
) DISCUSSION
Dr. Brenda Brown, Facility Medical Director at the Andover Park Clinic will be
accepting the proclamation. Amy Mensch, Andover Park Clinic Manager and Jimmy
Burnett, the group's COO will also be in attendance at the meeting.
ACTION REQUIRED
The Mayor is requested to read the proclamation declaring October 14, 2006 as
"Columbia Park Medical Group Day" in Andover.
Respectfully submitted,
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Vicki V olk
City Clerk
Attach: Proclamation
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PROCLAMATION
DECLARING OCTOBER 14TH, 2006 AS
COLUMBIA PARK MEDICAL GROUP
DAY IN THE CITY OF ANDOVER
Whereas: in 1956 Columbia Park Medical Group started with two physicians, Drs.
Lewis Roberts, and Earl Eli, as one of the north metro areas' first primary care health
care clinic
Whereas: by the time Columbia Park Medical Group hit its 25th anniversary, it had three
clinic locations (Columbia Heights, Fridley and Brooklyn Park) and over 30 physicians in
various specialties
Whereas: Columbia Park Medical Group has now grown to five clinic locations, a state-
of-the-art imaging center, with over 90 physicians and well over 100,000 patients in the
north metro area, with clinics in Andover, Blaine, Brooklyn Park, Columbia Heights and
Fridley
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J Whereas: Columbia Park Medical Group's vision is to respond to be a seamless network
of multi-specialty care that responds to the unique health care needs of the communities
they serve
Whereas: Columbia Park Medical Group celebrates their 50 year anniversary on
Saturday, Qctober 14th 2006.
Now therefore be it declared that I, Mayor Michael R. Gamache, do hereby
proclaim October 14th, 2006 as
"Columbia Park Medical Group Day"
in the City of Andover, Minnesota.
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CITY OF ANDOVER
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100
FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
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FROM: Dan Winkel, Fire Chief
SUBJECT: Badge Presentations for New Firefighters
DATE: October 3, 2006
INTRODUCTION
The fire department has three new firefighters who have successfully completed all of the
requirements for their probationary period. The new members will be present at the October 3,
2006 City Council meeting to receive their badges.
DISCUSSION
The Fire Department staff would like to introduce the newest members to the Mayor and City
Council as well as the residents of Andover. The new firefighters have all done a great job
completing the required training during their probationary period. Two of the new firefighters had
previous medical training and just needed to take the firefighter training. The third, Dan Wurst,
worked very hard to finish the 120 hour Firefighter One class and also the 40 hour First
Responder class. The newest members include:
Grant Breems - assigned to Station #, is a Hennepin County Sheriff's Deputy. Grant, wife Pam
and family live close to station # I.
Venessa Soldo - Station #2, is a Paramedic and Supervisor for AlIina Medical. Venessa, Fiance
Spencer and family live off of Tulip Street near Station #2,
Dan Wurst - Station #3, is a stay at home dad and has helped tremendously with our day time
responses. Dan, wife Bonnie and family live north of the new fire station #3.
BUDGET IMPACT
None
RECOMMENDATION
The Fire Department staff is requesting that the Mayor and City Council members acknowledge
the newest members of the fire department who have successfully completed their probationary
periods, The Mayor is asked to assist with the presentation of badges to firefighters.
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Dan Winkel, Fire Chief
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator "'
FROM: Vicki V olk, City Clerk
SUBJECT: Approval of Minutes
DATE: October 3,2006
INTRODUCTION
The following minutes were provided by TimeSaver Secretarial Service for approval by
the City Council:
September 19,2006
Regular Meeting (Knight absent)
DISCUSSION
Copies of the minutes are attached for your review.
ACTION REOUIRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
Vicki V olk
City Clerk
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 14
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 19, 2006
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... I
RESIDENT FORUM ................................................................................................................. I
AGENDA APPROV AL............................................................................................................. 3
APPROVAL OF MINUTES........................................,.............................................................3
CONSENT ITEMS
Approve Payment of Claims ................................................................................................3
Resolution R112-06 approving Plans & Specs/Order Quotes/06-40/Round Lake
Boulevard NW & Bunker Lake Boulevard NW/Traffic Signal Improvements.............. 3
Resolution RI13-06 waiving Public Hearing/Adopt Assessment Roll/05-39/Andover
Station North Block 3 Improvements ............................................................................. 3
Resolution R114-06 waiving Public Hearing/Adopt Assessment Roll/05-58/3532-135th
Avenue NW /WM ............................................................................................................ 4
Accept DNR MNReLeafGrant/06-43/0ak Wilt Suppression Program.............................. 4
Approve Receptionist Appointment ....................................................................................4
''\ Consider Zoning Ordinance AmendmentlEstablishing Closed Landfill Restricted Zone
/ (ORD.323) ....................................................................................................................... 4
Resolution R115-06 considering Comprehensive Plan Amendment/Change Landfill's
Designation to Open Space ............................................................................................. 4
Consider Rezoning/Change Landfill Site Zoning to Closed Landfill Restricted (ORD. 324)
.........................................................................................................................................4
Consider Ordinance Amendment/City Code Section 9-1-6 Construction near WDE (ORD.
325). ....................... ... .............................. .................. ............. ...... ..................... ...... ......... 4
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Received.... .............. ............................................................ .................................................. 4
HOLD PUBLIC HEARlNG/ROADW A Y RECONSTRUCTION ASSESSMENT POLICY
Motion to open public .hearing .............................................................................................. 4
Motion to close public hearing ............................................................................................. 5
Motion to approve ........ .... ............................ ................. .......,...... ..... .......................... ........... 5
CONSIDER PRELIMINARY PLAT/HICKORY MEADOWS/LOCATED EAST OF
PRAIRIE ROAD ON ANDOVER BOULEVARD
Motion to table ................. ............................ ................. .................... .................................... 5
CONSIDER REZONING/R-I TO R-4/PROPERTY LOCATED EAST OF PRAIRIE
ROAD ON ANDOVER BOULEVARD
Motion to table ............................................................. ......................................................... 12
RESCHEDULE NOVEMBER 7TH CITY COUNCIL MEETING ............................................ 12
SCHEDULE EDA MEETING ................................................................................................... 12
- '\ ADMINISTRATOR REPORT .................................................................................................. 13
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County Meeting regarding Hanson Boulevard...................................................................... 13
ADJOURNMENT...................................................................................................................... 13
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REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 19, 2006
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, September 19, 2006, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard
NW, Andover, Minnesota.
Councilmembers present:
Councilmember absent:
Also present:
Don Jacobson, Ken Orttel, Julie Trude
Mike Knight
City Attorney, William Hawkins
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
City Engineer, Dave Berkowit;z
Others
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RESIDENT FORUM
Mr. Larrv Emmerich - Owner of White Pine Wilderness. Mr. Emmerich indicated he wants to
review whether they could look at Block 3, Lot 17 of Phase I. They have a lot that was deemed
unbuildable on the preliminary plat. He stated they will be going to fmal plat in October and prior to
that they have had a change of heart given a number of factors. He wants to review whether they
could make it a buildable lot.
Councilmember Trude asked if this is the lot on the west side of the development. Mr. Emmerich
stated as it sits right now it would have electric and utilities, limited road access but other than that
everything else is up to code, except the access issue. It would have eighteen feet at the beginning of
the access and narrows down to about twelve but is within the safety limits of the emergency
vehicles and is within thirty-five to forty feet of the cul-de-sac.
Councilmember Trude thought this had been approved. Councilmember Orttel thought so too. Mr.
Berkowitz stated the direction they took from this was that it was an improved lot but no building
permit would be allowed until there was proper front footage or roadway built. It is a platted lot and
what the builder is requesting is that he be allowed a building permit on that lot.
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phased development so it would not be an issue but now he would like to include that lot as part of
Phase One. Mr. Emmerich stated that this is correct. He stated the two driving forces are that there
have been a nurnber of increased costs with County and City services and he also has a buyer for the
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 2
lot.
Councilmember Trude asked if they authorized construction on that lot with the driveway access,
how would they make sure the City gets the road built. Mr. Emmerich stated this does not change
anything with the future extension of the road. When the road does extend, the temporary cul-de-sac
would be removed and they would take away the bulb and would not change anything.
Councilmember Trude stated she would look at that as an acceptable situation on the final plat.
Councilmember Jacobson indicated it would be a variance and a variance would need to be based
upon a hardship and the hardship could not be monetary. He did not see that there is any
demonstrated hardship. He indicated this was previously discussed and that they already agreed on
what to do. He did not know why they would change it just because they have a buyer for the lot.
Councilmember Trude stated ifhe did have a full street there, he would have dead ended a cul-de-sac
but they are making him wait for the next property owner to the west of him to develop in order to
run a street for that developer's convenience, not to serve his convenience. Councilmember
Jacobson understood the property to the west is not under Mr. Emmerich's ownership; it is under
"\ someone else's and that someone would have to pay to extend the road in front of the lots they are
_./ discussing and the owner to the west is not going to do that.
Mr. Berkowitz indicated there is an impact. Obviously, ifhe develops that lot, when the roadway is
reconstructed and the driveway relocation done there would have to be some additional grading done
in that front yard. The concern staffhas is that there is not the proper front footage on a roadway to
meet the ordinance. If it is something the Council is thinking about considering, he would request
Mr. Emmerich put together formal information and they have this as a discussion item possibly at the
next Council meeting.
Mayor Gamache asked if the issue is because the road will curve because if they have a cul-de-sac
going in there and the cul-de-sac is going to be built all the way out to the next development. Mr.
Berkowitz stated they will actually keep the cul-de-sac short so it will not impact the adjacent
property because there is no right of entry or agreement to do that. They have to keep the temporary
cul-de-sac and the utilities short of the property line to make that work.
Mr. Berkowitz noted staff asked Mr. Emmerich to work with the adjacent property owner to see if
they could extend the bubble into that property but he was unsuccessful.
Councilmember Jacobson stated the variance and hardship cannot be something the developer has
created. Councilmember Trude stated this is created by their conditions that the developer provides
the adjacent property owner with access. If they just said the developer had to build to access their
') lots on the land he is developing, that lot would be in a finished street.
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Councilmember Orttel stated he would like to see this as a discussion item at another meeting.
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 3
AGENDA APPROVAL
Remove from Discussion Items for Consent Items 10, (Consider Zoning Ordinance
AmendmentJEstablishing Closed Landfill Restricted Zone); Item II (Consider Comprehensive Plan
Amendment/Change Landfill's Designation to Open Space), Item 12 (Consider Rezoning/Change
Landfill Site Zoning to Closed Landfill Restricted) and Item 13, (Consider Ordinance
Amendment/City Code Section 9-1-6 Construction Near WDE).
Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried
unanimously.
APPROVAL OF MINUTES
August 29, 2006, Workshop Meeting: Correct as amended.
September 5, 2006, Regular Meeting: Correct as amended.
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Councilmember Trude stated on the workshop minutes she wanted to change one word. They were
discussing the Community Ed program and the minutes read "moving $43,000 te from the
Community Ed Program".
Councilmember Trude stated in the regular minutes there is a problem with the motion on the used
car lot and she indicated she checked this with staff. The actual motion on page 14 Councilmember
Orttel made and she seconded, it was typed the motion was as presented but in reality they amended
the motion because they deleted all of the whereas items.
Councilmember Jacobson stated on page 18 of the Regular Minutes under the motion at the top of
the second line, the line begins with "or' and should be "of' instead.
Councilmember Trude stated on page 17, they talked about Wendy Albie in paragraph two and she
commented "she had worked with Community Center staff".
Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried
unanimously.
CONSENT ITEMS
Item 4
Approval of Claims
Approve Plans & Specs/Order Quotes/06-40/Round Lake Boulevard NW & Bunker
Lake Boulevard NWrrraffic Signal Improvements (See Resolution RI12-06)
Waive Public Hearing/Adopt Assessment RollJ05-39/ Andover Station North Block 3
Improvements (RES. RI13-06)
Waive Public Hearing/Adopt AssessmentRollJ05-58/3532-135th Avenue NWIWM
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Item 2
Item 3
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Item 5
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 4
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Item 6
Item 7
Item 10
Item II
Item 12
Item 13
(RES. RI14-06)
Accept DNR MNReLeafGrant/06-43/0ak Wilt Suppression Program
Approve Receptionist Appointment
Consider Zoning Ordinance AmendmentlEstablishing Closed Landfill Restricted
Zone (ORD. No. 323)
Consider Comprehensive Plan Amendment/Change Landfill's Designation to Open
Space (RES. RI15-06)
Consider Rezoning/Change Landfill Site Zoning to Closed Landfill Restricted
(ORD. 324)
Consider Ordinance Amendment/City Code Section 9-1-6 Construction near WDE
(ORD. 325)
Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried
unanimously.
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RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Sergeant Kryer, Anoka County Sheriff's Department, provided an update on law enforcement
activities occurring within Andover.
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Councilmember Jacobson stated he is not aware the Sheriff's Office does vehicle lock outs anymore
and asked if there is a charge for it. Sergeant Kryer stated this is a free of charge service that a
Community Service Officer will perform.
HOLD PUBLIC HEARINGIROADWAY RECONSTRUCTION ASSESSMENT POLICY
City Engineer Berkowitz explained the City Council is requested to hold a public hearing at 7:00
p.m. for the proposed Roadway Reconstruction Assessment Policy.
Mr. Berkowitz discussed the staff report with the City Council.
Motion by Jacobson, Seconded by Trude, to open the public hearing at 7:30 p.m. Motion carried
unanimously.
Mr. Robert Whitney, 2520 I 66th Avenue NW, stated the change from five years to eight years will be
greatly appreciated. He understood the City does annual surveys of residents' opinions on a regular
basis and he wondered ifit would be possible to include in a future survey a question on should the
. ') funding for this be through assessment or funded through an increase in a tax rate. That way people
'J do not have large bills come due somewhat unexpectedly.
Mr. Curt Fenske, 2777 I 67th Lane, asked for more of an explanation on the curb and gutter policy.
Mr. Berkowitz reviewed the curb and gutter policy for the residents.
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 5
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Mr. Fenske asked if it would be aesthetically better to have the same neighborhood to have all curb
and gutter. Mr. Berkowitz stated if they were to put concrete curb and gutter in to canalize the water
in all the older developments that have ditches, they would have to provide storm water ponding
which takes up area to make that feasible. It would be hard to go into an area and take someone's
house or someone's large property and try to develop a pond to handle the storm water so the way
things were designed with ditches, there is the storm water treatment for that storm water.
Mr. Fenske stated the twenty-five percent is a good thing because initially they were told they had to
pay for everything. He would not mind having a nice new paved road and cement curbs but where
his lot stops and the rest takes over is a dirt road. This new road does not do him any good because
when the cars go by the dust still flies up to them. He would entertain some thoughts on the dirt road
because that cost money to maintain as well. He wondered if there are plans to do anything. Mayor
Gamache stated they have looked at a couple of them over the years and usually it takes a
neighborhood wanting the road to be paved in order for the City to do it.
Motion by Jacobson, Seconded by Trude, to close the public hearing at 7:40 p.m. Motion carried
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Councilmember Jacobson asked City Attorney Hawkins in the draft policy on the bottom of page
two, under the assessment period, if the word "shall" should be replaced with "may". City Attorney
Hawkins stated if the policy is to be assessed for eight years, they should take out the words "up to".
He agreed that "may" should replace "shall".
Councilmember Jacobson stated at the top under "general" at the beginning of the second draft, if
fronting along the new roadway is proper. City Attorney Hawkins did not know because it is
difficult to assess benefit to the properties that are abutting the road.
Councilmember Trude wanted to compliment staff on their very thorough review of this policy and
working with the Council and the residents.
Motion by Orttel, Seconded by Jacobson, to approve the policy as written. Motion carried
unanimously.
CONSIDER PRELIMINARY PLATIHICKORY MEADOWS/LOCATED EAST OF PRAIRIE
ROAD ON ANDOVER BOULEVARD
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City Engineer Berkowitz explained the Council is asked to review a Preliminary Plat for Hickory
Meadows. The Council previously reviewed a sketch plan for the entire area south of Andover
Boulevard and east of Prairie Road. The proposed plat contains 45 lots at the center of that
sketch plan.
Mr. Berkowitz reviewed the information with the Council.
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 6
Councilmember Jacobson stated he looked at this item and found nine issues they will want to
discuss. Trail location, sewer, route of sewer, the backwards house, parkland location, the possibility
of gaining open space along the creek, retaining wall issue, Butternut road closure, Cottonwood road
issue and the tree issue.
Mr. Brad Wilkening, Hakanson Anderson and Mr. Bruce Carlson were at the meeting to discuss
the preliminary plat with the Council.
Mr. Wilkening stated they realize there is questionable construction as to the sewer on Andover
Boulevard and they have come up with an alternative. Rather than run gravity sewer down
Andover Boulevard, it may be a better procedure to install a temporary lift station as if the
gravity sewer were going through the location they want it to eventually go through. He
reviewed the procedure and path of the sewer. He stated this will minimize the impact to
Andover Boulevard and in the future when the gravity sewer is installed, the lift station could be
removed.
Councilmember Trude asked if there was a certain lifetime for a temporary lift station. Mr.
Wilkening stated in talking to Mr. Berkowitz that it would be constructed as ifit were a normal
lift station. Councilmember Trude stated at this point they have to plan that this parcel will never
develop. Mr. Berkowitz stated staff would want this treated as if it were a permanent lift station.
Councilmember Jacobson thought this idea was a better solution to the problem. He asked Mr.
Berkowitz if Butternut and 144th needed to be deep because all of the flow would be coming
from the north to the south. Mr. Berkowitz did not think it would need to be that deep.
Councilmember Trude asked at what point do they maximize the capacity for the sewer line that
is going to come up from Shadowbrook under the creek. Mr. Berkowitz stated the way it was
designed in the last sewer study is that it goes north to Andover Boulevard, west crossing Prairie
Road and then goes north and picks up one parcel north of Andover Boulevard, west of Prairie.
Councilmember Jacobson asked if the developer is proposing to install the sewer system at their
expense or are they asking the City to do a 429 and do it at City expense. Mr. Carlson indicated
they will be doing it at their own expense.
Councilmember Trude stated there is a newer resolution and there is a condition related to the
sewer and sewer study. She asked if the conditions cover the sewer issue adequately. Mr.
Berkowitz stated they do. '
Councilmember Jacobson stated the trail is proposed to go along 144th on the north side of the
street and there was talk at the Planning Commission meeting about the trail going along Coon
Creek. He felt along the creek would be the best. He thought because this is a flood zone,
maybe they could look at some open space along there. Mr. Carlson thought because there is
some land that is high along the creek; they might want to consider using that space for parkland.
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 7
He thought this was also a better area to have a trail and park which would be more conducive to
what Andover is trying to do. He suggested giving the City the three acres along the creek and
put the park there also. Councilmember Trude thought the park could be a more passive park.
Mr. Berkowitz noted any land that is under a hundred year flood elevation, the developer does
not receive any credit for and they would have to evaluate as they go through.
The Council discussed with the developer the different options for a trail and park.
Councilmember Trude thought there were trees on the hill by the creek and would keep the view.
She thought the trees could be saved and she wondered if the developer is going to excavate that
area. Mr. Carlson stated they were not and they were going to try to save as many trees as
possible.
Councilmember Jacobson stated he would be in favor of the south park and the trail. Mr.
Berkowitz asked if the Council would authorize staff to do further investigation on whether this
is a feasible option. The Council thought that was a good idea.
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'0 Councilmember Trude wondered if a sidewalk made sense on the main east/west street in and out
of the development because the area is getting busy and people need a way to get in and out of
the development. She thought a sidewalk would be more attractive than a bituminous path.
Mayor Gamache thought a sidewalk on the north side of I 44th would be a good idea.
Mr. Dickinson stated one of the questions the developer had was if the Council was looking at
having the developer construct the sidewalk at his expense and if so, would they be open to
concessions on the trails ifhe builds sidewalks. Councilmember Orttel stated the way the policy
works is the trail along the creek is a regional trail and is always paid for by the City. The other
is internal to the plat and would be paid for by the developer. Mr. Carlson indicated he would be
willing to work with the City on the park because they will be down there working.
The Council discussed the trail and sidewalk construction with the developer. The Council
thought the priority was to get the trail along the creek and work with the developer on the park
while he was down there.
Mr. Carlson thought they would be able to transplant some of the trees from the area where
homes will be to the area by the creek where the park will be located. Councilmember Trude
thought they would need to move trees anyway and grade.
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Councilmember Trude stated in the packet there is a tree map and she knew the neighbors on the
south side of the creek were concerned with tree preservation. She asked the tree preservation
plan be reviewed.
Councilmember Jacobson stated in looking at their grading plans that most of the trees south of
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 8
Andover Boulevard are going to go. Councilmember Trude stated the trees by the creek do not
show up on the tree preservation plans. Mr. Carlson stated most ofthe grading will be done in
one area. He stated they are trying to leave as many trees as possible because it will make the
land more valuable.
Mr. Carlson showed on the map in what area of the development he is going to try to save trees.
Mr. Carlson stated the trees in the flood plain by the creek will not be touching. Mr. Wilkening
indicated they will not be grading by the creek but that there are some areas where they will not
be able to save trees.
Mayor Gamache indicated they need to discuss the existing home. Mr. Carlson reviewed the
existing house with the Council and stated the house is too large to move. He showed on the
map how they are planning to change the landscaping to make the front look like the backyard.
He stated they have already put $50 to $60 thousand in the house to remodel it.
Mayor Gamache asked if the requirements where they need to change the ordinance is the fact
that it is a little larger and has a backyard encroachment. Councilmember Trude thought it was
'\ the way their code describes the backyard because she came in and discussed this with staff and
o there will be lots of yard in front and in back of the houses that face Andover Boulevard.
Mr. Carlson stated this is the fIrst time he has had to change the front of the house in all of the
developments he has done. He stated he is trying to work with the City, but it is a house that
cannot be moved.
Mr. Berkowitz stated on page seven of the staff report, the intent of the lot is shown in the fourth
Whereas. He stated there needs to be a variance of21.9 feet if the house were to remain the way
it is. The east side is considered the rear yard setback.
Councilmember Trude wondered if there will be room for a deck and swing set in the backyard
of this house. Mr. Dickinson showed on the map how the house is situated on the property.
Councilmember Trude wondered if the owner could do a lot split and keep the existing house
isolated from this development. City Attorney Hawkins asked if in the preliminary plat, they
platted all contiguous property they own. They would have to grant a variance otherwise.
Councilmember Trude stated she would like to consider this because the house is an estate house
and belongs on a large lot. She did not think it would ever look right in this development. She
asked Mr. Carlson if this would be something he would like to do. Mr. Dickinson stated they
would have to pose the question to the County.
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Mayor Gamache wanted to make sure they were straight on the back rear setback and if it is
necessary to call it a rear yard setback. Also, he wanted to know if a variance was in there if it
was the side yard. Councilmember Trude asked which way the Council sees this house facing.
Mayor Gamache stated because the driveway faces Dogwood Street making the west side of the
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 9
house the front, then the rear yard setback is the area they are discuss. He wanted to know if they
need to have the variance in there even though it does not seem like it is the back. It is for lot 8
and will be for lot 7 and for the other block. Lots 1-4 all border up against it so he would
consider leaving the variance in there as it reads.
Councilmember Trude stated the only thing she would change if they were to keep this as part of
the development, is to square offlot 9 such that you could draw a parallel line continuous with
the left side of the drawing of the house and bring it out to Andover Boulevard. She stated she
would be willing to do a variance there to maintain the integrity of that structure.
Councilmember Trude wondered if the existing home will be connected to utilities. Mr.
Berkowitz stated that was added when they changed some of the conditions.
Mr. Dickinson reviewed the retaining wall with the Council. Councilmember Trude stated she
has seen other communities use this and it seems to maintain a separation between the existing
and new development.
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Mr. Wilkening stated the reason they are using the retaining wall is there is approximately ten
feet of drop from one cul-de-sac to the other. He stated to make the houses fit with the streets
they cannot at the same time fit the grade that is already there on the east side.
Councilmember Orttel asked how high the retaining wall is. Mr. Wilkening indicated it is seven
feet at the highest and varied throughout. Mr. Berkowitz indicated there would be a fence on top
for protection.
Councilmember Jacobson stated he heard the retaining wall is to be built on the property and he
also heard it would be built about ten feet off of the property line. Mr. Wilkening stated they
have it drawn ten feet from the property line.
Councilmember Jacobson stated if they have the lot line that goes to the property line, a ten foot
side yard easement, where will the house pad go. Mr. Wilkening stated it depends because
sometimes the foundation of the home can be the retaining wall. The home could go up to that
line but it depends on how they want to build the home itself. Councilmember Jacobson thought
it may pose a problem because that is an easement for utilities and other things.
The Council discussed with the applicant how the homes will fit on the pads with the retaining
wall.
Councilmember Trude assumed staff would look at the retaining wall for drainage issues and
:~ stability and their side yard rules with setback.
Councilmember Jacobson asked if and when the property to the east becomes available, would it
be the intention to take the wall down and regrade everything on the east. Mr. Wilkening stated
this is something they need to discuss too because the intention is that when the streets are
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 10
continued, that a similar grade for the backyards would be continued as well.
Councilmember Orttel thought Engineering needs to look at this issue before they install the
wall.
Councilmember Trude assumed this retaining wall will go through review at the Preliminary
Plat. Mr. Berkowitz indicated that was correct.
Councilmember Jacobson stated the Anoka County Highway Department has said when
Cottonwood Street goes in eventually Butternut Street would close. Everyone east of this plat
once it is developed, will have all of the traffic come to the west existing onto Cottonwood, then
onto Andover Boulevard. This is going to be interesting because with all of the traffic coming
from the east along with this plat and some from the plat just to the west coming in later, is that
entrance to Andover Boulevard and Cottonwood Street big enough to support that much traffic
when everything else is closed off? He wondered if this will be a problem and if they will have
stacking.
, \ Mr. Berkowitz stated they would take additional right-of-way through the plat of sixty-six feet
'. ~ for Cottonwood Street. What that would create is a designated right turn lane and a designated
left turn lane. There will be one thru lane going southbound.
Councilmember Trude thought they could discuss the park plan in the development with the Park
Commission at their meeting on Thursday.
Mr. Dickinson stated the developer has indicated to him that they do have some purchase
agreement issues and they would like to see if the Council would entertain an approval of the
preliminary plat with identification of certain items to be resolved by fmal plat.
Mr. John MoWencamp stated he was speaking on behalf of Carmen MoWencamp who sent the
Council a letter. He stated her one concern as far as the cul-de-sac is drainage. She is worried
that the snow plowing would be plowed onto her property and she did not feel ten feet was
enough area to provide for that. He stated she does have slight problems with drainage on her
property now.
Mr. MoWencamp showed photos of Ms. MoWencamps' property and possible drainage issues.
He stated she is also concerned about the loss of trees on her property.
Mr. MoWencamp stated Ms. MoWencamp is worried about utilities going along the highway
because there are gas lines there. Councilmember Jacobson stated the developer needs to work
,_) this out with Gopher One.
Mr. Terry Hilley, stated he sent the Council a letter with his concerns. In with the approval of
this plat, he did not think there was a designated plat as to what is being done. It seems there are
a lot of variances that need to be taken care of and a lot of issues that are still unresolved and
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page II
purchase agreement issues that still need to be addressed. He stated they need to take a look at
the park because originally it was set in the middle of the development to be used by the residents
of the new development and now the park is being moved south along the creek to where no one
can use it. There is no access to the residents of the new development to this area and no access
to anyone. If they are going to bring access up Butternut, it will be closed and he wondered how
people will get there to use it and what will be in the park.
Mr. Hilley stated there are no trees next to the creek and there are trees further up the tree line.
He stated the hundred year and five hundred year flood plain need to be addressed through
FEMA fIrst to get a variance from that before anything else can be started. Once they alter the
ground work, it affects everything to the east along Coon Creek. MR. Berkowitz stated in the
revised condition in the resolution, the five hundred year flood is called the flood fringe. They
can go ahead and fIll in the flood fringe without any formal approvals up front but before that is a
buildable lot, they need to have a letter of map revision which is being addressed. He stated the
one hundred year flood way needs a full hydrologic evaluation.
Mr. Hilley stated he was concerned with the tree removal on the property and he thought all of
r " the large trees will be destroyed.
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Mr. Hilley stated with the proposal, there were too many variables and things that needed to be
changed. He thought there needs to be a set thing that needs to be done.
Mr. Hilley stated they have not heard from the builder to the west to see what he plans on doing.
When the builder indicated he would give the City two to three parcels of property for the park, it
looked like he took land from each of the adjacent properties to incorporate into the park. He
thought there were too many issues and they should go back to square one and try to correct the
problems.
Ms. Connie Holloway, 209 1420d Avenue NW, stated her property line is approximately 500 feet
from Coon Creek. Her major concern is for children. At times the creek does rise depending
upon snowfall. She asked the Councilmembers to consider children when placing the park and
trail in the development.
Councilmember Jacobson asked when they looked at this, was the park dedication short of what
is required. Mr. Dickinson stated the amount ofland the City would give credit for a park is
determined by a computation outlined in the ordinance. Mr. Berkowitz stated there is no credit
for a trail easement. Mr. Dickinson stated they are looking at 2.5 acres they could take in land.
Councilmember Trude reviewed the discussion they covered at the meeting.
Councilmember Orttel asked City Attorney Hawkins if it was ok to approve a preliminary plat
with seven or eight "subject to" conditions. Mr. Hawkins stated they do it but it depends on how
comfortable the Council feels and what they are. Approving a preliminary plat is a big legal step
in terms of giving property rights to a developer. Councilmember Trude did not think they were
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 12
ready or comfortable to approve the preliminary plat at this time.
Mr. Carlson stated they have been working on this for two years and if this is not approved by
October I S\ it will cost him a lot of money. He stated he has given up and done a lot and for the
past year he has tried to do what was right for everybody on this and he has spent a lot of his own
money in the process. He indicated he is just trying to get this done and he did not see that many
issues. He stated he needs to get the preliminary plat approved by October I st.
Councilmember Orttel stated he did not know what the conditions are and he would like to see
them in writing in order that they can review this again at the September 26th workshop. He
stated he has never seen a list this long with issues on a preliminary plat.
Motion by Orttel, Seconded by Jacobson, to table the Hickory Meadows Development Plan to
September 26, 2006 at 7:30 p.m. or as soon after as possible. Motion carried unanimously.
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CONSIDER REZONING/R-I TO R-4/PROPERTY LOCATED EAST OF PRAIRIE ROAD ON
ANDOVER BOULEVARD
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The Council is asked to review the proposed rezoning to allow the Hickory Meadows plat to move
forward.
Motion by Orttel, Seconded by Jacobson, to table the Hickory Meadows Rezoning to September
26,2006 at 7:30 p.m. or as soon after as possible. Motion carried unanimously.
RESCHEDULE NOVEMBER 7TH CITY COUNCIL MEETING
City Administrator Dickinson explained the General Election will be held on Tuesday,
November 7,2006, which is a regular Council meeting night. Council is requested to reschedule
the November 7, 2006 Council meeting.
Motion by Jacobson, Seconded by Trude, to reschedule the November 7,2006 City Council
meeting to Wednesday, November 8, 2006 at 7:00 p.m. Motion carried unanimously.
SCHEDULE EDA MEETING
Motion by Trude, Seconded by Jacobson, to schedule and EDA meeting at 6:00 p.m. on October
'\ 3,2006. Motion carried unanimously.
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Regular Andover City Council Meeting
Minutes - September 19, 2006
Page 13
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on administrative and city department
activities, meeting reminders and miscellaneous projects.
City Engineer Berkowitz updated the Council on road improvements projects in the City.
MAYOR/COUNCIL INPUT
(County Meeting regarding Hanson Boulevard) - Mayor Gamache stated there is a public
hearing/open house on Thursday, September 21, 2006; the County will be talking about Hanson
Boulevard.
Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting
adjourned at 9:41 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Council Members
FROM:
Jim Dickinson, City Administrator
SUBJECT:
Accept Contribution/John & Rita Burgeson/Fox Meadows Fencing
DATE:
October 3,2006
INTRODUCTION
This item is in regard to approving a resolution accepting a contribution made by John and Rita Burgeson
to be used towards the installation of a fence at Fox Meadows Park to help identify the field of play for
the Frisbee course.
, '\ DISCUSSION
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John and Rita Burgeson have made a one-time contribution of$17,563,OO.
ACTION REOUIRED
The City Council is requested to approve the resolution accepting the contribution.
Attachments: Resolution
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member
to adopt the following:
A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER
TO BE USED TOWARDS THE INSTALLATION OF A FENCE AT FOX MEADOWS
PARK TO BETTER IDENTIFY THE FIELD OF PLAY FOR THE FRISBEE COURSE.
WHEREAS, any contributions that are to be made to the City of Andover must be
accepted by the City Council; and
WHEREAS, the contribution from John and Rita Burgeson of $17,563.00 is to be
used towards the installation of a fence at Fox Meadows Park to better identify the field
of play for the Frisbee course.
NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the
contribution, which is to be used towards the installation of a fenCe a Fox Meadows Park
to better identify the field of play for the Frisbee course.
MOTION seconded by Council member
and adopted by the City
Council at a regular meeting this 3rd day of October 2006, with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator
FROM: Vicki Volk, City Clerk
SUBJECT: Adopt Resolution Appointing Election Judges for General Election
DATE: October 3, 2006
INTRODUCTION
The City Council is required to appoint judges to serve at the General Election on
Tuesday, November 7, 2006.
ACTION REOUIRED
Council is requested to adopt the attached resolution appointing judges for the General
Election.
Respectfully submitted,
:l:L . ()rt!b
Vicki V olk
City Clerk
Attach: Resolution
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION R
A RESOLUTION APPOINTING JUDGES TO SERVE AT THE GENERAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006 IN THE CITY OF
ANDOVER.
The City Council of the City of Andover hereby resolves:
The persons as shown below are hereby appointed judges for the General Election to be
held on Tuesday, November 7, 2006 in the City of Andover:
Precinct #1 - Hope Lutheran Church
Gloria Young, Chief
LeeAnna Horton
Carol Moeller
John Moore
Deborah Olson
Shirley Olson .
Richard Snyder
Sylvia V olk
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Precinct #2 - Grace Lutheran Church
Kelly Danzl, Chief
Nancy Ahlberg
Christine Deggendorf
Frances Gargano
Micki Harris
John Johanson
Joann Koecher
Bonnie Lapham
Fred Lown
Rebecca Pease
Marie Romo
Pamela Schilling
Precinct #3 - Riverdale Assembly of God Church
Phyllis Kieffer, Chief
Virginia Anderson
Elaine Boos
Herb Conrow
Kay Funk
Irene Kroll
Sue McBride
Barbara Peters
Janice Quick
Christine Schonning
Connie Schultz
Michael St. John
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l~.J Precinct #4 - Crooked Lake Elementarv School
Gretchen Sabel, Chief Mildred Johnson
Ted Butler Peggy Johnson
Leatrice Cooper Barb Rule
Stan Graf Lorraine Tressel
Precinct #5 - Meadow Creek Church
Terry VanNote, Chief Jerome Lapham
Susan Ctvrtnik Luther Romo
Ginger Nelson Lisa Nicoski
Don Ahlberg Mary Munson
Precinct #6 - Bunker Hills Activities Center
Marlene Westphal, Chief Judy Lestina
Dan Frost Carol Mueller
Albert LaCombe Sandy Roslin
Dan Lehrer Susan Beal
/ , Precinct #7 - Constance Free Church
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Lois Spadgenske, Chief John Wolf
Shirley Beam Peter Dobratz
Naomi Buie Tammy Grissman
Eva Karp Heidi Traeger
Mary Sullivan
Precinct #8 - Andover Christian Church
Tom Johnson, Chief Virginia Hayes
Maria Bourque Madeline Hoopman
Terry Louie Jean Olson
Charles Buckman-Ellis
Corinne Buffham
Precinct #9 - Prairie Oak Community Church
Cindy Brostrom, Chief William Obedoza
Bruce Crane Marlene Palm
Susan Fanucci Nancy Posl
Gary Horning Carmen Rossi
~J Dolores Jeska Lucy Schalwig
Norma Johnson Mary White
Peggy Kuntz
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Precinct #10 - Andover Elementarv School
Melissa Rustrnan, Chief
James Anderson
Stan Deden
Julie Holtey
Linda Louie
Robert Stromgren
Todd Spanier
Adopted by the City Council ofthe City of Andover this 3rd day of October.
2006.
CITY OF ANDOVER
Attest:
Michael R. Gamache - Mayor
Victoria V olk - City Clerk
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
CC: Jim Dickinson, City Administrator / Finance Director
TO: Mayor and Councilmembers
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2006
Delinquent Utility Service Charges, Mowing Fees and False Alarm Fines
DATE: October 3,2006
INTRODUCTION
City Code Chapter 3, 1O-3-3D; City Code Chapter I, 1O-1-9F; and City Code Chapter 5, 8-5-3D
\ provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service
-- J charges, mowing fees and false alarm fmes. The assessment procedures directed by state statute 429
are being followed in preparing notice of and preparation for a public hearing to act upon the proposed
assessment.
DISCUSSION
The total delinquent utility service charges were $25,282.25 as of September 28, 2006 when written
notification to the property owners and preparation of the preliminary assessment worksheets began.
Payments received prior to the proposed hearing date of November 8, 2006, will be applied to the
customer's accounts to reduce or remove the proposed assessments from the preliminary roll.
Delinquent balances as of November 8, 2006 are charged an administrative fee of 15% and will carry
an 8% interest rate when certified to Anoka County for collection with the 2007 taxes. The list of
delinquent accounts is available for viewing in the Finance Department and Finance will be sending
letters to all applicable property owners explaining the assessment process and how and where to make
payment to avoid being assessed.
The proposed hearing date of November 8, 2006 is a regularly scheduled council meeting.
BUDGET IMPACT
This request will assist in reducing outstanding receivables for the City.
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Mayor and Council Members
October 3, 2006
Page 2 of2
ACTION REQUIRED
The Andover City Council is requested to approve the attached resolution declaring costs and ordering
the assessment roll for the purpose of certifying the delinquent sewer, water, storm sewer, street
lighting service charges and mowing fees. The Andover City Council is also requested to approve the
attached resolution scheduling a public hearing for the purpose of certifying the delinquent sewer,
water, storm sewer, street lighting service charges, mowing fees and false alarm fmes.
Respectfully submitted,
~?3~
Lee Brezinka
Attachments: Resolution Declaring Cost and Directing Preparation of Assessment Roll
Resolution for Hearing on Proposed Assessment of Delinquent Utility Charges, Mowing
Fees and False Alarm Fines
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
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MOTION by Council member
to adopt the following:
A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF
ASSESSMENT ROLL AND SCHEDULING PUBLIC HEARING FOR THE
CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES, MOWING FEES
AND FALSE ALARM FINES
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
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WHEREAS, delinquent utility service charges, mowing fees and false alarm fines
in the amount of $25,282.25 exist as of September 28, 2006; and
WHEREAS, City Code Chapter 3, 10-3-3D; City Code Chapter 1, 10-1-9F; and
City Code Chapter 5, 8-5-3D provide for the collection by assessment of unpaid water,
sewer, storm sewer, street light service charges, mowing fees and false alarm fines
respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. The amount of the cost to be assessed against benefited property owners is
declared to be $25,282.25 plus an administrative fee of 15%.
2. Assessment shall be payable in equal annual installments extending over a
period of 1 year. The first of the installments to be payable on. or before the first
Monday in January 2007, and shall bear interest at the rate of 8 percent per annum
from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the Finance Director shall forthwith
calculate the proper amount to be assessed against every assessable lot, piece or
parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall
file a copy of such proposed assessment in the Clerk's office for public inspection.
1. The Clerk shall, upon the completion of such proposed assessment, notify
the Council thereof.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL;
1. A hearing shall be held the 8th day of November, 2006 at the Andover City
Hall at 7:00 P.M. to pass upon such proposed assessment and at such time
and place all persons affected by such proposed assessment will be given an
opportunity to be heard with reference to such assessment.
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2. The City Clerk is hereby directed to cause a notice of hearing on the
proposed assessment to be published once in the official newspaper at least
two weeks prior to the hearing.
3. The owner of any property so assessed may at any time prior to certification
of the assessment to the County Auditor, pay the whole assessment with no
interest.
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~.' MOTION seconded by Councilmember and adopted by the City
Council at a regular meeting this 3rd day of October, 2006, with Councilmembers
voting in favor of the
resolution, and Councilmembers voting against, whereupon said
resolution was declared passed.
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CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka
County, Minnesota will meet at Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota on November 8, 2006 at 7:00 PM to pass upon the proposed
assessment for the improvement of delinquent sewer, water, storm water utility, street
light charges, mowing fees and false alarm fines in the .City of Andover.
The proposed assessment roll is on file for public inspection at the City Clerk's office.
The total amount of the proposed assessment roll is $25,282.25. Written or oral
objections will be considered at the meeting. No appeal may be taken as to the amount
unless a signed, written objection is filed with the Clerk prior to the hearing or presented
to the presiding officer at the hearing. The Council may upon such notice consider any
objection to the amount of a proposed individual assessment at an adjourned meeting
upon such further notice to the affected property owner, as it deems advisable.
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An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes
Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the city
within 30 days after adoption of the assessment and filing such notice with the District
Court within ten days after service upon the Mayor or Clerk.
BY ORDER OF THE CITY COUNCIL
CITY OF ANDOVER
Victoria V olk, City Clerk
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . W .CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrat
Will Neumeister, Community Developm
FROM: Courtney Bednarz, City Planne4>
SUBJECT: Consider Sketch PlanlTownhomeslLocated Between Crooked Lake Blvd. NW &
Gladiola St. NW - Planning
DATE: October3,2006
INTRODUCTION
The sketch has been revised. The new proposal will require PUD review and contains 19
detached townhomes, two standard R-410ts and four existing homes. The attached table
compares the proposal to the R-4 Zoning District Standards and previously approved detached
townhouse projects.
DISCUSSION
Access
The plan shows a single access to Crooked Lake Boulevard, as previously suggested. An
independent intersection study indicated the new intersection would provide adequate sight
distance. The study assumes a southbound right turn lane would be constructed along the west
side of Crooked Lake Boulevard. It should be noted that a variance would be needed to allow an
intersection at less than 330 feet from Bunker Lake Boulevard (approximately 305 feet from
centerline to centerline as proposed). The streets are proposed to be 28 feet in width. The city
typically permits parking on only one side of 28 foot wide streets. The plan shows a connection
to the existing sidewalk along Bunker Lake Boulevard between lots 7 and 8.
Eidelweiss Street Drainage Issue
A turnaround is proposed at the north end of Eidelweiss Street. With appropriate grading, the
existing drainage issue can be resolved.
Unit Style
The applicant has indicated the unit style will be similar to that of Bunker Lake Village.
Photographs were shown at the September 5th Council Meeting. The homes would have a two or
three car garage depending on the size of the lot.
Homeowners Association
The applicant has indicated that it is their intent to create a homeowners association to maintain
the lawn areas and landscaping outside of the building envelope. Repair and replacement of the
building exteriors and driveways would be the responsibility of each owner.
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Neighborhood Involvement
A neighborhood meeting was held on Thursday, June 8th, The Planning Commission held a
public hearing on June 13th and the Council reviewed this item on June 20th, July 18th and
September 5th. A petition opposing the project was previously'provided to the Council. The
neighborhood previously suggested the following modifications:
I. Reduce the number of units and reduce the number of variances requested
2. Reduce traffic impacts on existing streets
3. Save as many trees as possible, especially along Bunker Lake Boulevard.
4. Provide a buffer of space and trees adjacent to existing homes.
5. Make trail connections to provide safe pedestrian routes from the neighborhood to
schools, parks and the lake
6. Ensure safe environmental design as regards storm water drainage, grading, utility
construction and protection of the existing water table/wells
Planning Commission Recommendation
The Commission indicated that while planned unit development review would allow more
amenities than could be achieved through the standard R-4 Zoning District requirements, the
proposal fell short in the following areas:
1. There were too many units
2. The issues raised during the discussion (described above) needed to be addressed
3. All components of the proposal need to be shown on the plans
Staff Recommendation
The applicant has revised the plan to address many of these concerns. The number of units has
been reduced from 25 units to 19 units and two R-4 lots. Both the original and current plan
contain four existing homes. The impact to local streets would be eliminated with the proposed
access to Crooked Lake Boulevard. A detailed tree preservation plan and landscaping plan will
need to be prepared and can be further reviewed as a part of the preliminary plat. Trail
connections still need to be provided and a second access is recommended, as described above.
ACTION REQUESTED
The Council is asked to discuss the proposal and to require any modifications that would satisfy
the PUD criteria or to indicate that the proposal should not move forward as a PUD.
Attachments
Location Map
Current Sketch Plan (Full Size in packet)
Table of Detached Townhouse Projects
Previous Sketch Plan
Original Sketch Plan
City Code 13-3 Planned Unit Development
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Merit Sketch Plan and
Planned Unit Development
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DESCRlPnoN
City Code 13-3 Planned Unit Development
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Planned Unit Development Review
City Code 13-3 provides the requirements for review of planned unit developments. The purpose of PUD
is to encourage more efficient allocation of density and intensity of land use where such arrangement is
desirable and feasible by providing the means for greater creativity and flexibility in environmental
design than provided under the strict application of the City Code. It must be demonstrated to the
satisfaction of the City Council that a higher quality development will result than could be otherwise
achieved through strict application of the City Code.
13-3-9 Findings Required. The developer making requesf for a PUD shall provide findings for
review by the City CounciL The findings necessary for approval of a PUD shall be as follows:
A. The proposed development is not in conflict with the goals of the Comprehensive Plan of
the City.
B. The proposed development is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The proposed development demonstrates how each modified or waived requirement contributes
to achieving the purpose of PUD.
D. The PUD is of composition, and arrangement that its construction, marketing, and operation are
feasible as a complete unit without dependence upon any subsequent unit.
,
,
13-3-11 Desirable PUD Design Qualities. The following design qualities will be sought in any PUD
revIew:
A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the
elements of design qualities described in this Chapter.
J
B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are
anticipated to be a part of the proposed development.
C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of
back-to-back lots.
D. Preserves existing stands of trees and/or significant trees.
E. Provides considerable landscaping treatments that compliment the overall design and contribute
toward an overall landscaping theme.
F. Preserves significant usable space on individual lots or through the provision of open space
within the development.
G. Provides an attractive streetscape through the use of undulating topography, landscaping,
decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area
identification signs, etc.
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H. The proposed structures within the development demonstrate quality architectural design and the
use of high quality building materials for unique design and detailing.
L The lasting quality of the development will be ensured by design, maintenance and use
guidelines established through an owners association.
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NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
Dave Berkowitz, City Engineer
FROM: Todd Haas, Assistant City Engineer
SUBJECT: Approve Final PlatlWhite Pine Wilderness/161st Ave and Crane St. -Engineering
DATE: October 3,2006
INTRODUCTION
This item is an addendum to the agenda item that has been prepared in regards to the final plat by
Andy Cross in our Planning Department. A request has been made by Larry Emmerich ofL & K
Emmerich Development, Inc. (developer of White Pine Wilderness) to allow Lot 7, Block 3, as
indicated on the final plat, to become a buildable lot.
DISCUSSION
Attached is a letter dated September 27, 2006 with the request. The City staff will meet on Monday
morning (October 2, 2006) to review possible options the City Council could consider. Once those
options are prepared by City staff, they will be forwarded to the City Council for review, sometime
late Monday afternoon or Tuesday morning.
ACTION REQUIRED
The City Council will need to review the options and determine if the City Council is willing to
allow the developer to build on the lot.
Respectfully submitted,
~~
Todd J. Haas
Attachment: Letter of Request, L& K Emmerich Development, Inc.
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I{E1\11\ rl<:r~I ('I I
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1341.161ST AVE NW
ANDOVER MN 55304
763.434-7826
EMMERICHLARRY@AOL.COM
September 27, 2006
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I SEP 131M:. :
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L_\....II' ~ .... < .,,' ~ ,. . '-:. \
To City of Andover
1685 Crosstown Boulevard N. W.
Andover Mn. 55304
o
Oear Mr. Mayor & City Council,
Regarding: Lot 7 Block 3 as referred to on the final plot plan of White Pine Wilderness Phase 1.
I am ~equestingto add a sewer and water service to this lot now rather than later and prior to the cul-de-sac having
curbed and asphalt put in place.
The future extension of the road from a temporary cul-de-sac will require a new service laterals to be relocated
directly in front of the lot 7 Block 3 upon extension of the road in the future.
This will be paid by the owner of the property and will be recorded in an agreement with the City as such along with
the cost of moving the driveway, yard repair.
This will not impact Lot 4,5,6 Block 3 and Lot3 Block 3 or change the responsibility of the cost of the associated
expenses with removing of the old cul-de-sac and repairing of yard, curd, street and extension of services costto
be paid by the future developer ofthe property to the east and or north
All other utilities will be atthe all lot permanently upon completion of Phase lWhite Pine Wilderness approximately
November 15, 2006
ThankYou for your consideration of this proposal
Sincerely,
Larry EmmeriCh',resident
Signature .- '
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers ~
Jim Dickinson, City Administrato~
Will Neumeister, Community Development Director ucL-
Andy Cross, Associate Planner l IX...
CC:
FROM:
SUBJECT:
Approve Final PlatIWhite Pine Wildemess/161 sl Avenue and Crane St- Planning
DATE:
October 3, 2006
INTRODUCTION
The City Council is asked to approve the final plat ofthe project to be known as "White
Pine Wilderness".
DISCUSSION
The final plat is found to be in compliance with the preliminary plat and applicable
ordinances. 15 lots are being platted now as Phase One. The remainder will be final
platted in the future.
In the Preliminary Plat approval, Lot 17 Block 3 was granted a variance to the City's
buildability requirements. The lots have been renumbered on the Final Plat, so Lot 17 is
now Lot 7. The variance request appears in the Final Plat resolution for Lot 7, Block 3.
The lot remains unbuildable and the approved Preliminary Plat requires a deed restriction
be put on the lot prohibiting any construction until 162nd Avenue is extended to provide
access.
ACTION REQUESTED
The Council is asked to adopt the attached resolution approving the final plat with
conditions.
Respectfully submitted,
~~
Andy Cross
Attachments
Resolution
Location Map
Final Plat (full size plan in packet)
Cc: Larry Emmerich, 1341 161st Avenue NW, Andover, MN 55304
, "'
;
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO
A RESOLUTION APPROVING THE FINAL PLAT OF "WHITE PINE
WILDERNESS" FOR L & K DEVELOPMENT, LLC ON PROPERTY LOCATED IN
SECTION 14, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS:
All that part of the South 16.50 feet ofthe Northeast Quarter of the Northwest Quarter of
Section 14, Township 32 North, Range 24 West, and all that part of the South Half of
said Northwest Quarter which lies East of the East line of the West 717.89 feet of said
South Half of the Northwest Quarter, Northerly and Easterly of the South 689.92 feet of
the West 815.00 feet of said South Half of the Northwest Quarter and Westerly of the
following described Line A:
Said Line A is described as follows:
:.J
Commencing at the Southeast comer of said South Half of the Northwest Quarter of
Section 14; thence North - degrees 18 minutes 42 seconds East along the East line of said
South Half of the Northwest Quarter, a distance of 495.51 feet to the Point of Beginning
of said Line A; thence north 46 degrees 55 minutes 20 seconds West, a distance of262.00
feet; thence North 17 degrees 47 minutes 32 seconds West, a distance of238.70 feet;
thence north 38 degrees 23 minutes 22 seconds East, a distance of 304.00 feet; thence
North 82 degrees 36 minutes 28 seconds East, a distance of 79.75 feet to said East line of
the South Half of the Northwest Quarter and said Line A there terminating.
Except that part platted as Anoka County Highway Right Of Way Plat No. 20, according
to the recorded plat thereof. Section 14, Township 32, Range 24, Anoka County,
Minnesota.
WHEREAS, the City Council has approved the preliminary plat of the project to
be known as "White Pine Wilderness"; and
WHEREAS, L & K Development, LLC has presented the final plat of White Pine
Wilderness; and
WHEREAS; the Andover Review Committee has reviewed such final plat for
conformance with the preliminary plat.
.~
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby approve the final plat of White Pine Wilderness contingent upon receipt of the
following:
I. The final plat shall conform to the plan stamped received by the City of
Andover on September 25, 2006.
2. The developer shall be responsible for the cost of construction of all
improvements proposed as a part of the preliminary plat.
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3.
Park dedication and trail fees shall be paid as determined as part of
preliminary plat approvaL
Such plat approval is contingent upon a development agreement acceptable to
the City Attorney. A financial guarantee will be required as a part of this
agreement to assure all of the subdivision improvements will be completed.
Subject to final review by City Staff for compliance with City ordinances,
policies, guidelines and conditions of preliminary, landscape plan, and final
plat approvaL
Developer is responsible for obtaining all permits from U.S. Army Corps of
Engineers, DNR, LGU, watershed district, MPCA and any other agency that
may be interested in the site.
All urban areas north of 161 st Avenue NW and Crane Street NW shall be
responsible for improvements to the intersection of 161 st Avenue NW and the
proposed Crane Street NW as required by the Anoka County Highway
Department and the Andover Engineering Department.
A variance has been granted to allow the platting of Lot 7, Block 3 with the
condition that no building permit will be issued for this lot until I 62nd Avenue
is extended to provide required frontage for the lot.
The developer shall enter into a Development Contract with the City and shall
pay all relative fees (Le. sanitary sewer, water area and connection fees, etc...) as
required.
Sanitary sewer and water main shall be extended to the site at the developer's
expense.
Subject to all conditions of the preliminary plat resolution (R088-06) dated
July 18th, 2006.
4.
5.
6.
7.
8.
9.
10.
11.
Adopted by the City Council of the City of Andover this 3rd day of October, 2006.
ATTEST:
CITY OF ANDOVER
Michael R. Gamache, Mayor
Victoria V olk, City Clerk
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CITY OF
NDOVE
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX.(763) 755-8923 . WWW.CI.ANDOVER.MN.US
Mayor and Councilmembers
TO:
FROM:
Jim Dickinson, City Administrator
SUBJECT: Update on Community Center Refinancing
DATE:
October 3, 2006
INTRODUCTION
Activity in the current bond market is indicating that there may be an opportunity for the Andover
Economic Development Authority (EDA) to potentially save some significant long term debt service
expense by refinancing the EDA's $19,640,000 Public Facility Lease Revenue Bonds, Series 2004.
DISCUSSION
City Staff has been working with an underwriter (Northland Securities), our fiscal advisor (Ehlers &
Associates), and the City's bond counsel (Briggs & Morgan) to explore whether or not the time is right
to refinance the Community Center Bonds.
') The EDA, at their October 3, 2006 meeting will be discussing some preliminary debt service
, ./ comparisons prepared by Northland Securities, based on market projections on September 21,2006.
The projections are showing long term savings ranging from $933,482.77 to $1,660,708.28 and
present value savings ranging from $508,077.20 to $528,711.73. As you are all aware the bond market
is somewhat volatile and that on any given date the market can change. The EDA will be considering
a new streamlined approach to refinancing the EDA's bonds.
The new approach is initiated by what is called a "parameters resolution" where the EDA Board of
Commissioners authorizes, the City Administrator, City of Andover, Minnesota, to execute a Bond
Purchase Agreement which will approve the sale of the Bonds to Northland, provided that the total net
savings accomplished by the refunding is at an amount set by the EDA and the net present value
savings as a percentage of the present value of the refunded debt service of the 2004 Bonds is at a
percentage acceptable to the EDA.
Ifrefinancing bonds are pursued, the City Council will be asked to authorize updated lease agreements
at a future meeting.
ACTION REOUESTED
No action is needed; this staff report is intended to provide an update to the Council of contemplated
actions of the Andover EDA.
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator.
SUBJECT: Review Charitable Gambling Ordinance
DATE: October 3,2006
INTRODUCTION
The City of Andover has a Gambling Ordinance that guides charitable gambling within the City
of Andover. At a recent meeting the Council was asked to review the ordinance by a local sports
association.
DISCUSSION
To assist the Council in the discussion, the following attachments are provided:
I. Letter from Andover Baseball Association
2. City of Andover Gambling Ordinance
3. "Lawful Gambling Information and Requirements for Local Units of Government in
Minnesota" from the Gambling Control Board.
4. Minnesota Statute 349.213 Local Authority
5. LG510 City or County Annual Report, 10%. Contribution Fund
6. Minnesota House Research "Charitable Gambling: An Overview"
If modifications to the ordinance are desired by the Council, staff would prepare the necessary
ordinance amendments and bring those to a future Council meeting or workshop for review.
After that review, the Council would then be requested to schedule a public hearing on the
ordinance. The earliest a public hearing could be scheduled would be November 21 st.
ACTION REOUESTED
The Andover City Council is requested to review the attached request, the current City Gambling
Ordinance and provide direction to staff if any modifications are needed.
--
Attachments
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Hi-
I would like to clarify a few things after hearing some remarks at the Sept. 5th Andover
City Council meeting.
Andover Baseball Association does not pay elected board members, 'keeping money
from the kids'; they are volunteers. They did, however, hire a gambling manager to run
their gambling operation. The gambling manager has to be on the ABA board because of
MN Gambling Control Board (GCB) rules.
Most gambling managers are paid positions to ensure proper business practices and bring
integrity to the operation. It is run like a business; dealing with state laws, city laws,
monthly tax forms, the IRS, payroll, distributors, employees, decisions on game play,
yearly audits, schedules, monthly reports to the ABA board, check writing and banking,
donation decisions, etc. The organizations are subject to possible large fines and
suspension or loss of their gambling license. Many organizations also pay an assistant
gambling manager, secretary and accountant. We do not.
The ABA wouldn't have been able to provide the $130,000 + that we have donated
without gambling. There are, understandably, expenses that go along with gambling
operations. Approximately 82% of the total gross is paid back in prizes. The other 18%
is spent on charitable donations, expenses, and taxes, licenses and fees. As you know, the
City of Andover receives 10% of the profits. The gambling manager's salary and seller's
wages are included in the expenses of the gambling operation. Our expenses last year
were at 42.3% with the state average at 50% (the MN GCB allowed 55%). Our
charitable donations were at 43.6% with the state average at 28%. All of our profits have
gone back to the Andover community. We do not pay our coaches like some
organizations. The ABA works very hard at running an honest, low-cost gambling
operation.
Please feel free to call or e-mail me with any questions you may have.
Sincerely,
Laurie Poquette
Gambling Manager
Andover Baseball Association
U 763-754-2173
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CHAPTER 3
GAMBLING
SECTION:
5-3-1: Purpose
5-3-2: Definitions
5-3-3: Licensing Requirements
5-3-4: Premises Permit
5-3-5: Approved Organizations
5-3-6: Management
5-3-7: Expenditures, Profits And Taxes
5-3-8: Background Information
5-3-9: Violation; Penalties
'"
5-3-1: PURPOSE: The purpose of this chapter is to closely regulate and
control the conduct of gambling and to ensure that profits derived from gambling
activities in the city provide, to the extent authorized by law, direct benefits for the
citizens of Andover. (Amended Ord. 258, 5-4-1999)
j
5-3-2: DEFINITIONS: For the purposes of this chapter, the following
words and terms will have the meanings given them:
BOARD:
The State Gambling Control Board.
LAWFUL
GAMBLING:
The operation of gambling activities by an organization
eligible for a license from the Board to conduct such
activities.
NET PROFITS,
LAWFUL PURPOSE,
AND ALLOWABLE
EXPENSE: Will have the meanings provided in Minnesota Statutes
Section 349.12, as may be amended from time to time.
PREMISES
PERMIT:
A resolution adopted by the City Council
authorizing the named organization to operate
lawful gambling activities at a specified location in
the city.
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TRADE AREA:
The cities of Andover, Anoka, Coon Rapids, Ramsey,
Oak Grove, and Ham Lake. (Amended Ord. 258, 5-4-
1999)
5-3-3: LICENSING REQUIREMENTS:
A. State License Required: Except as specifically exempted by this
chapter, no organization may operate lawful gambling activities in the
city without a license issued by the Board.
B. Disapproval Of License: Nothing contained in this chapter shall be
deemed to limit the City Council's authority to disapprove a license for
lawful gambling.
C. Limitation Of Gambling Licenses: No organization shall be permitted to
conduct gambling in more than three (3) establishments within the city.
Only one organization shall be permitted to operate or sell lawful gambling
devices at an owned or leased establishment. (Amended Ord. 258, 5-4-
1999)
5-3-4: PREMISES PERMIT:
A.
Qualification For Permit; Compliance With Provisions: No organization
may obtain a new or renewal premises permit, or maintain a premises
permit, unless the organization and location of the lawful gambling
activities remain in full compliance with the provisions of this chapter and
all state laws related to lawful gambling as those laws may be amended
from time to time.
B. Application For Permit: Application for a new or renewal premises
permit must be made to the City Clerk on forms provided by the city.
C. Number Of Permits Per Location: Only one premises permit may be
issued to any particular location in the city.
D.
Revocation Of Permit: The City Council may by resolution revoke the
premises permit of any organization that does not comply with the
requirements of this chapter or state gambling laws as those laws may be
amended and revised from time to time. Prior to adopting a revocation
resolution, the organization will be given at least ten (10) days' notice of
the time, date, and place of the revocation hearing. At the hearing, the
organization may appear with or without counsel and submit evidence on
its behalf. A resolution revoking a premises permit must include the basis
for that action. A certified copy of the resolution will be forwarded to the
Board. (Amended Ord. 258, 5-4-1999)
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5-3-5:
APPROVED ORGANIZATIONS:
A In order to be eligible for a premises permit, an organization must meet
each of the following requirements:
1. The organization has at least fifteen (15) members that are residents of
the city. Such organization must conduct regular meetings at least
monthly, and each person must attend not less than fifty percent (50%) of
all regularly scheduled meetings and pay dues annually in order to be
considered a member of such organization for qualification under this
chapter.
2. The physical site for the organization headquarters or the registered
business office of the organization is located within the city and has been
. located within the city for at least two (2) years immediately preceding the
application for a license.
3. The physical site where the organization regularly holds its meetings
and conducts its activities, other than lawful gambling and fund raising, is
in the city and has been located within the city for at least two (2) years
immediately preceding application for a license.
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4. Meet all the qualifications for a lawful gambling license issued by the
Board.
5. The paddle wheel game is prohibited except for meat raffles, and no
premises permit shall be issued to any organization to conduct the paddle
wheel game except for meat raffles. (Amend. 10/18/05, Ord. 315)
6. The maximum rent allowed in leases to charitable organizations must
be in compliance with what is set forth in State Statute. No other services
or expenses provided or contracted by the lessor may be paid by the
organization, including but not limited to trash removal, janitorial and
cleaning services, snow removal, lawn services, electricity, heat, security,
security monitoring, storage, other utilities or services, and in the case of
bar operations, cash shortages. Any other expenditures made by an
organization that are related toa leased premises must be approved by the
Director of the Gambling Control Board. Rent payments may not be made
to an individual. (Ord. 313, 9/06/05)
B. Any organization, which meets the conditions set forth above shall certify
in writing on its application which conditions are being met. (Amended
Ord. 258, 5-4-1999)
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5-3-6:
MANAGEMENT: All gambling operations must be managed by a
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J bona fide member of the licensed organization. (Amended Ord. 258, 5-4-1999)
5-3-7: EXPENDITURES, PROFITS AND TAXES:
A. Expenditures For Lawful Purposes:
1. During any year that an eligible organization is licensed to conduct
gambling events, not less than ninety percent (90%) of its lawful purpose
expenditures will be for lawful purposes conducted or located within the
city trade area. A semi-annual report of the expenditures for lawful
purposes within the trade area shall be provided to the City Clerk on or
before July 2 and February 2 of each year after the date of the adoption of
this chapter.
2. Not less than ten percent (10%) per year of the amounts specified
herein must be expended for lawful purposes within the city.
B.
Contribution Of Net Profits: During any year that an eligible organization
is licensed to conduct gambling events, such organization shall
contribute ten percent (10%) of the net profits derived from lawful
gambling to a fund administered and regulated by the city, without cost
to such fund, for disbursements by the city of the receipts for lawful
purposes.
,
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C. Gambling Tax: Pursuant to Minnesota Statutes Section 349.213, a
gambling tax is hereby imposed of one-tenth percent (0.1 %) of the gross
receipts of each licensed organization from all lawful gambling less
prizes actually paid out by the organization. Such tax shall be imposed
and commenced to accrue as of September 1, 1991, and shall be
payable at the office of the City Clerk on October 2, 1991 and on or
before July 2 and February 2 of each year thereafter.
D. Records And Reports: All qualified organizations operating gambling
devices in the city shall keep monthly financial records of same and
provide such records to the City Clerk commencing September 2,
991, and on or before July 2 and February 2 of each year thereafter.
(Amended Ord. 258,5-4-1999; amd. 2003 Code)
5-3-8: BACKGROUND INFORMATION: A copy of all applications and
reports required by and submitted to the Minnesota Charitable Gambling Control
Board shall also be submitted to the City Clerk within seven (7) days after they
o are submitted to said Board. (Amended Ord. 258, 5-4-1999)
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5-3-9: VIOLATION; PENALTIES: Any person violating any of the
provisions of this chapter shall be guilty of a misdemeanor and subject to all
penalties provided under state law. (Amended Ord. 258, 5-4-1999)
'1
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Minnesota Local Units of Government
.J
Lawful Gambling
Information and Requirements
for
Local Units of Government
in
Minnesota
large print or 8raille, contact the Minnesota Gambling Control Board at 651-639-4000.
AUTHORITY OF CITY OR COUNTY.
The extent that a city or county has authority over lawful gambling in its jurisdiction is addressed in
Minnesota Statute 349.213. .
A city or county has the authority to adopt more stringent regulations pertaining to lawful gambling within
its jurisdiction. However, there are limitations on that authority.
1. The city or county may not require an organization to make a contribution to the city or county as a
condition to operate within that city or county, except for an investigation fee or tax and/or contribution to a
ten percent fund. Information regarding ten percent funds is contained further on in this page.
,J
2. The city or county may not require a license or fee for a license or permit to conduct gambling for
licensed organizations, gambling managers, gambling employees, distributors, or linked bingo game
providers. The state of Minnesota (Gambling Control Board) is the licensing authority.
INVESTIGATION FEE.
A city or county may assess an investigation fee on organizations applying for or renewing a premises
permit issued by the Gambling Control Board. The investigation fee may not exceed the following limits:
1. $500 for cities ofthe first class,
2. $250 for cities of the second class,
3. $100 for all other cities, and
4. $375 for counties.
The investigation fee must be used for regulation of lawful gambling in that jurisdiction.
LOCAL GAMBLING TAX - REPORT REQUIRED.
A city or county may impose a local gambling tax, only if they do not charge an investigation fee or other
local taxes on lawful gambling. The tax, up to three percent per year, may be imposed only if the amount is
necessary to cover the costs to regulate gambling in their jurisdiction.
A report must be submitted to the Gambling Control Board by March 15 of each year, using form L_G_5_00-"
City or County Annual ReRort. Up to 3% Regulatory Tax.
,J
Effective August 1, 2005, cities or counties that impose a local gambling tax on licensed organizations
within its jurisdiction must share with the Minnesota Gambling Control Board all documents pertaining to
site inspections, fines, penalties, or other corrective action involving local lawful gambling regulation. The
documents must be provided to the Board within 30 days of filing at the city or county of jurisdiction.
AL GAMBLING TAX - REPORT REQUIRED.
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Page I of2
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Minnesota Local Units of Government
Page 2 of2
I. The funds may only be spent by the city or county for lawful purposes, including police, fire, and
other emergency or public safety-related services, equipment, and training. However, the fund may
not be used for the payment of pension obligations or general city functions.
2. A licensed organization that contributes to the ten percent fund may not be the beneficiary of that
fund.
x
') per year of net profits to a fun
"_/
The ten percent requirement may only be applied to net profits derived from lawful gambling conducted at
premises within the city or county's jurisdiction.
~
A report must be submitted to the Gambling Control Board by March 15 of each year, using form
or County.Annual Report, 111% Contribution Fund.
TRADE AREA.
By ordinance, a city or county may require that a licensed organization conducting lawful gambling within
its jurisdiction spend all or a portion of its lawful purpose expenditures on lawful purposes conducted or
located within the city's or county's trade area. Townships contiguous to a defining city were added to th
definition of trade area under Minnesota Statutes 349.213, subdivision 1 (b) by the 2000 Legislature.
The ordinance is limited to the following:
1. lawful purpose expenditures are limited to gross profits derived from lawful gambling conducted at
premises within the city's or county's jurisdiction
2. the ordinance must define the city's or county's trade area
'1 3. the ordinance must specify the percentage of lawful purpose expenditures which must be expended
" J within the trade area
The city or county does not have authority on what specific lawful purpose expenditures must be made.
That authority rests with the organization and its membership.
For additional information regarding local authority
contained in Minnesota Statutes 349.213, click here.
To return to the Minnesota Gambling Control Board home page, click here.
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Minnesota Statutes 2005, 349.213
Page I of2
Minnesota Statutes 2005. Table of Chapters
~
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-. able of contents for Chapter 349
349.213 Local authority.
Subdivision 1. Local regulation. (a) A statutorv or
home rule city or county has the authority to adopt more
stringent regulation of lawful gambling within its jurisdiction,
including the prohibition of lawful gambling, and may require a
permit for the conduct of gambling exempt from licensing under
section 349.166. The fee for a permit issued under this
subdivision may not exceed $100. The authority granted by this
subdivision does not include the authority to require a license
or permit to conduct gambling by organizations or sales by
distributors or linked bingo game providers licensed by the
board. The authority granted by this subdivision does not
include the authority to require an organization to make
specific expenditures of more than ten percent per year from its
net profits derived from lawful gambling. For the purposes of
this subdivision, net profits are gross profits less amounts
expended for allowable expenses and paid in taxes assessed on
lawful gambling. A statutory or home rule charter city or a
county may not require an organization conducting lawful
gambling within its jurisdiction to make an expenditure to the
city or county as a condition to operate within that city or
county, except as authorized under section 349.16, subdivision
\ or 297E.02; provided, however, that an ordinance requirement
-chat such organizations must contribute ten percent per year of
their net profits derived from lawful gambling conducted at
premises within the city's or county's jurisdiction to a fund
administered and regulated by the responsible local unit of
government without cost to such fund, for disbursement by the
responsible local unit of government of the receipts for (i)
lawful purposes, or (ii) police, fire, and other emergency or
public safety-related services, equipment, and training,
excluding pension obligations, is not considered an expenditure
to the city or county nor a tax under section 297E.02, and is
valid and lawful. A city or county making expenditures
authorized under this paragraph must by March 15 of each year
file a report with the board, on a form the board prescribes,
that lists all such revenues collected and expenditures for the
previous calendar year.
(b) A statutory or home rule city or county may by
ordinance require that a licensed organization conducting lawful
gambling within its jurisdiction expend all or a portion of its
expenditures for lawful purposes on lawful purposes conducted or
located within the city's or county's trade area. Such an
ordinance must be limited to lawful purpose expenditures of
gross profits derived from lawful gambling conducted at premises
within the city's or county's jurisdiction, must define the
city's or county's trade area, and must specify the percentage
of lawful purpose expenditures which must be expended within the
jade area. A trade area defined by a city under this
-subdivision must include each city and township contiguous to
the defining city.
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Minnesota Statutes 2005, 349.213
Page 2 of2
(c) A more stringent regulation or prohibition of lawful
~ambling adopted by a political subdivision under this
~bdivision must apply equally to all forms of lawful gambling
within the jurisdiction of the political subdivision, except a
political subdivision may prohibit the use of paddlewheels.
Subd. 2. Local approval. Before issuing or renewing
a premises permit, the board must notify the city council of the
statutory or home rule city in which the organization's premises
is located or, if the premises is located outside a city, the
county board of the county and the town board of the town where
the premises is located. The board may require organizations to
notify the appropriate local government at the time of
application. This required notification is sufficient to
constitute the notice required by this subdivision. The board
may not issue or renew a premises permit unless the organization
submits a resolution from the city councilor county board
approving the premises permit. The resolution must have been
adopted within 90 days of the date of application for the new or
renewed permit or license.
Subd. 3. Local gambling tax. A statutory or home
rule charter city that has one or more licensed organizations
operating lawful gambling, and a county that has one or more
licensed organizations outside incorporated areas operating
lawful gambling, may impose a local gambling tax on each
licensed organization within the city's or county's
jurisdiction. The tax may be imposed only if the amount to be
\eceived by the city or county is necessary to cover the costs
~curred by the city or county to regulate lawful gambling. The
-tax imposed by this subdivision may not exceed three percent per
year of the gross receipts of a licensed organization from all
lawful gambling less prizes actually paid out by the
organization. A city or county may not use money collected
under this subdivision for any purpose other than to regulate
lawful gambling. All documents pertaining to site inspections,
fines, penalties, or other corrective action involving local
lawful gambling regulation must be shared with the board within
30 days of filing at the city or county of jurisdiction. A tax
imposed under this subdivision is in lieu of all other local
taxes and local investigation fees on lawful gambling. A city
or county that imposes a tax under this subdivision shall
annually, by March 15, file a report with the board in a form
prescribed by the board showing (1) the amount of revenue
produced by the tax during the preceding calendar year, and (2)
the use of the proceeds of the tax.
HIST: 1984 c 502 art 12 s 18; 1986 c 467 s 25; 1987 c 327 s
21; 1988 c 705 s 1; 1989 c 209 art 1 s 35; 1989 c 334 art 2 s
44,45; 1989 c 335 art 1 s 220; 1990 c 590 art 1 s 37; 1991 c 199
art 2 s 1; 1991 c 336 art 2 s 34; 1994 c 633 art 2 s 19; art 5 s
96; 1994 c 633 art 2 s 2; 1995 c 264 art 17 s 11; 1998 c 322 s
6; 2000 c 300 s 8; 2001 c 96 s 13; 2005 c 166 art 1 s 36
Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.
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9/28/2006
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8/05
Minnesota Lawful Gambling
LG510 City or County Annual Report, 10% Contribution Fund
Local Unit of Government Information
Name of city or county
Division
Street
City
State
MN
Zip code
Financial Information, 10% Contribution Fund
Calendar year Contribution rate % (Indicate the percentage rate being imposed. The rate
cannot exceed ten percent per year of net profits. Net profits are gross profits less amounts
expended for allowable expenses and paid in taxes assessed on lawful gambling.)
a. Fund balance, if any, from previous year $ If you have a positive end-of-year fund bal-
(If none, enter "0") ance, give a brief explanation of why the bal-
b. Add amount collected (revenues) during the + ance will be maintained:
year from all organizations
c. Subtotal (add lines a and b) =
d. Minus total expenditures for calendar year -
made from the fund
e. Fund balance - end of year (subtract
line d from line c)
Expenditures Lawful Puroose Exoenditure
Code (see attached) Amount
~
$
$
$
$
$
f. Subtotal from other page(s) $
g. Total amount of expenditures (enter on line d): $
Certification
. I am the city or county official responsible for the financial reporting of the restricted fund.
0 I have reviewed the information contained in this report and certify that the above reported revenues, expenditures, and
fund balance reflect the activity of the fund during this calendar year.
. I am aware of restrictions under Minnesota state law on expenditures from this fund and certify that the direct expenditures meet the definition of
lawful purpose expenditures or are for police, fire, and other emergency or public safety-related services, equipment. and training, excluding
pension obligations. and are accounted for in a manner consistent with generally accepted accounting principles.
. I declare that all information on this form is true, correct, and complete.
J I
Signature of responsible city or county official Title Date --
_/~-
Signature of preparer Title Date
~_I-
Contact person Title Date
Phone number, including area code
This form must be completed and mailed by Questions on this form should be directed to the Gambling Control Board at 651-
March 15 to: 639-4000. Hearing impaired individuals using a TTY may call the Minnesota Relay
Gambling Control Board Service at 1-800-627-3529. This publication will be made available in altemative
format f1.e.large print, Braille) upon request. The information requested on this form
Suite 300 South will become public information when received by the Board. and will be used to
1711 West County Road B determine your compliance with Minnesota statutes and rules goveming lawful
Roseville, MN 55113 gambling activities.
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U LG510 City or County Annual Report, 10% Contribution Fund
Name of city or county Page of
~ Lawful Puroose Exoendilure Amount
Code (see attached)
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Subtotal (enteron linefon page 1) $
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LG510 City or County Annual Report, 10% Contribution Fund -Instructions
8105
Report Required
As authorized by Minnesota Statutes 349.213,
subdivision 1 (a), a statutory or home rule city or
county has the authority to adopt an ordinance
requiring that organizations contribute ten percent
per year of their net profits derived from lawful
gambling conducted at premises within the city's or
county's jurisdiction to a fund administered and
regulated by the responsible local unit of
govemment without cost to such fund, for
disbursement by the responsible local unit of
govemment of the receipts for (i) lawful purposes,
or (ii) police, fire, and other emergency or public
safety-related services, equipment, and training,
excluding pension obligations.
A city or county must by March 15 of each year file
a report with the Board, on a form the Board
prescribes, that lists all such revenues collected
and expenditures for the previous calendar year.
o
Expenditures
All gambling expenditures from the fund must be
for:
. lawful purposes authorized by statute, or
. amounts allocated to a city or county for police,
fire, and other emergency or public safety-
related services, equipment, and training,
excluding pension obligations.
The chart at right briefly outlines the codes and
lawful purpose expenditures (contributions) that
are allowed. If you need additional information,
refer to Minnesota Statutes 349.12, subdivision 25.
A contribution may not be made to an
organization licensed to conduct lawful
gambling that contributed to the fund.
Certification
. Have the person who is responsible for the fund
and the preparer of the report sign and date
the report on page 1.
. Include the name and phone number of a
contact person.
:J
Code Allowed contributions
A-1 - To sOl( c)(3) organizations.
- To sOl(c)(4) festival organizations.
A-2 Relieving the effects of poverty,
homelessness, or disability.
A-3 Program for education, prevention, or treat-
ment of problem gambling
A-4 Public or private nonprofit school
A-S Scholarship fund.
A-6 Recognition of military service (open to
public) or active military personnel in need.
A-7 Activities and facilities benefiting youth under
age 21.
A-10 Expenditures for police, fire, and other
emergency or public safety-related
services, equipment, and training (Expendi-
tures for pension or retirement funds not
allowed).
A-l1 Church
A-13 With DNR approval, wildlife management
projects or activities that benefits the public-
at-large; grooming and maintaining snow-
mobile or all-terrain vehicle trains, or other
trails open to public use; and supplies and
materials for DNR safety training and educa-
tion programs coordinated by the DNR
A-14 Nutritional programs, food shelves, and
congregate dining programs primarily for
persons who are age 62 or older or disabled.
A-1S Community arts organizations, or
sponsorship of community arts programs.
Codes A-8, A-9, A-12, A-16, A-17, and A-18
not applicable.
A-19 Humanitarian service - recognizing
volunteerism or philanthrophy
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I Short Subjects
Updated: July 2006
,~) HOUSE RESEARCH
Elisabeth Long
Charitable Gambling: An Overview
Nonprofit organizations can conduct gambling to raise money for "lawful purposes" with a license fro'm the
Lawful Gambling Control Board.
Who may conduct
gambling?
What kinds of
games are allowed?
Who regulates
charitable
gambling?
:~
What can gambling
proceeds be spent
for?
~
A charitable, religious, veterans, or other nonprofit organization may be licensed to
conduct charitable gambling if it has at least 15 active members and has been in
existence for at least three years. About 1,400 Minnesota organizations are
licensed to conduct gambling at about 3,300 different locations.
Licensed organizations may conduct bingo, rames, and tipboards, sell pull-tabs,
and operate paddlewheels.
Charitable gambling is regulated by the seven-member Lawful Gambling Control
Board. It licenses organizations and gambling managers and makes rules for the
conduct of gambling. It also regulates bingo halls and the distributors and
manufacturers of gambling equipment.
Gross gambling profits (gross receipts less prizes) can only be spent for gambling
expenses and lawful purposes.
~
Gambling expenses are all expenses directly related to the conduct of gambling.
Examples are gambling supplies, rent, license fees, and wages of gambling
workers. Expenses are limited to 70 percent of gross profits for bingo and
beginning July I, 2006, 60 percent for other gambling.
Gross profit not spent for expenses (net profit) can only be spent for lawful
purposes, which include the following:
~ Expenditure by or contribution to a ~ Contributions to government
501(c)(3) organization or a 501(c)(4)
festival organization
~ Contributions to relieve poverty, ~ Contributions to or expenditures by a
disability, or homelessness religious institution
~ Compulsive gambling treatment ~ Snowmobiles and A TV trails and
wildlife management projects
~ Scholarships and contributions to ~ Food shelves and dining programs
educational institutions primarily for older persons
~ Recognition of humanitarian or military ~ Community arts organizations and
service programs
~ Recreational and athletic facilities ~ Utilities for veterans' organization
primarily for young people buildings
~ Property taxes on gambling premises . Recognition dinners for veterans, up to
$5,000 per organization annually
Net profits can also be spent to pay state, federal, and local taxes on gambling.
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Charitable Gambling Statistics
Charitable Gambling Gross Receipts
2000-2005
Spending of Gross Profit 2005
($251 million)
$1,550
i $1,500
.;
I $1,450
i $1,400
.
! $1,350
;;
What are the rules
for charitable
gambling?
'\
\._j
Are there prize
limits for charitable
gambling?
What taxes apply to
charitable
gambling?
What gambling is
exempt from
licensing?
$1.300
$1,250
Expenses
5001.
State Taxes
22%
2000 2001 2002 2003 2004 2005
The major rules that apply to all gambling are as follows:
Gambling must be supervised by a gambling manager appointed by the
organization
Players must be at least 18 years old
Players can't use checks or play on credit (except checks for rame tickets)
Odds and house rules must be posted on the premises
Compensated gambling workers must be registered with the board and may
not gamble at sites where they are working, with some limited exceptions
Prize limits are as follows:
Bingo, $200 per game and $2,800 for most bingo occasions
Single pull-tab, $599
Single paddlewheel prize, $70
Largest tipboard prize, $599
The state imposes taxes on charitable gambling in lieu of sales taxes:
Bingo, paddlewheels, and rames, 8.5 percent of gross profit
Pull-tabs and tipboards, 1.7 percent of "ideal gross" (potential gross receipts
from all tickets in a package, with a refund for unsold tickets)
Pull-tabs and tipboards, additional "combined receipts tax" of 1.7 percent to
5.1 percent of gross receipts, depending on the organization's annual
receipts
Organizations do not have to obtain a license for the following:
Gambling conducted for five or fewer days a year with total prizes not
exceeding $50,000
Bingo conducted at fairs for up to 12 days a year and bingo conducted
elsewhere for up to four days a year
Rames with a prize of not more than $1,500
Exempt organizations must register with the board, except for excluded rames, and
follow state law on spending net profits.
For more information: Contact legislative analyst Elisabeth Long at 651-296-5052. Also see the House
Research publication Charitable Gambling, July 2006.
The Research Department of the Minnesota House of Representatives is a nonpartisan office providing legislative,
legal, and information services to the entire House. .
House Research Department I 600 State Office Building I SI. Paul, MN 55155 I 651-296-6753 I www.house.mn/hrdJhrd.htm
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
CC:
FROM:
. SUBJECT: Schedule Date for City Administrator's Review
DATE: October 3, 2006
DISCUSSION
At the February 7, 2006 City Council meeting, the City Council requested that the review for
City Administrator, James Dickinson, be done at a time similar to that of other City employees.
All City employee reviews are due to be completed around December I, 2006.
One option is to schedule the review prior to or after a regular City Council meeting or
Workshop. Another option would be a separate meeting for the sole purpose of conducting Mr.
Dickinson's jerformance review. Some possible dates would be October I ih or 24th, or
November 9 ,14th, 16th, 21 s" 28th or 30th. '
Based on the February 2006 discussion on the Performance Appraisal for Mr. Dickinson, Human
Resources is planning on using the same format as in past years.
ACTION REOUESTED
Council is requested to choose a date for Mr. Dickinson's performance review.
Respectfully submitted,
.IYm~~
Dana Peitso ---- ~
(ij)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule October Council Workshop
DATE: October 3,2006
INTRODUCTION
The Council is requested to schedule a Special Council Workshop for the month of October for a
number of miscellaneous business items.
DISCUSSION
Potential agenda items for an October workshop have been identified as follows:
1. Natural Resource Topics - Oak Wilt, Tree Preservation, etc.
2. Open Space Referendum Update
3. Railroad Quiet Zones Update
4. Coon Creek Watershed Update/Presentation
5. Park DedicationlRegional Trail Study Update
6. 2007 Budget Update - Enterprise Funds and Community Center
7. 2007-2011 CIP Updates - Trail System Discussion
8. Other Business
Other items may be added upon request.
ACTION REOUIRED
Schedule a Council Workshop, a suggested date is Tuesday October 24th or another date
acceptable to the Council.
. "
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CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule EDA meeting
DATE: October 3,2006
INTRODUCTION
@
The Council is requested to schedule an Economic Development Authority (EDA) meeting at
6:00 pm before the October 17,2006 City Council meeting.
DISCUSSION
Tentative agenda items for an EDA meeting have been identified as follows:
I. Update on Economic Development Activities
2. Community Center Refinancing Update
3. Due Diligence Progress Review
4. Letter of Intent Review and Purchase Agreement Updates
5. Other Business
Other items may be added upon request, or the meeting will be cancelled if no new
information comes forward on the identified agenda items
ACTION REQUIRED
Schedule an EDA meeting at 6:00 pm before the October 17, 2006 City Council meeting.
lly submitted,
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CITY OF
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Administrator's Report
DATE: October 3,2006
The City Administrator will give a brief verbal update on various items of interest to the City
Council and to the residents at the meeting. Listed below are a few areas of interest:
I. Administration & City Department Activities
2. 'Update on Development Activity
3. Update on Public Improvement Projects
4. Meeting Reminders
5. Miscellaneous Projects
Upon receipt of the meeting packet, if a member of the Council would like an update on a
particular item, please notify me so an adequate update can be made.
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DATE
October 3, 2006
ITEMS GIVEN TO THE CITY COUNCIL
>> Merit Development Sketch Plan
>> White Pine Wilderness Final Plat
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PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
o
THANK YOU.
G:ISTAFF\RHONDAAIAGENDAICC LIST. doc
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor & Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Supplemental Agenda Items for October 3, 2006 City Council Meeting
DATE: October 3,2006
The City Council is requested to receive the following supplemental information.
Discussion Items
Item #6. Consider Sketch Plan/Townhomes/Located Between Crooked Lake Blvd. NW & Gladiola
St. NW (Supplemental) - Planning
Item #7. Approve Final PlatlWhite Pine Wildemess/161 st Avenue & Crane Street (Supplemental)-
Planning
~
CITY OF
NDOVE
@
TO:
CC:
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US
Mayor and Councilmembers ~
Jim Dickinson, City Administrato~- , / 1
Will Neumeister, Community Development Director f;.J:;Lv
FROM: Courtney Bednarz, City Plann~
SUBJECT: Supplemental - Consider Sketch PlanlTownhomes/Located Between Crooked Lake
Blvd. NW & Gladiola St. NW - Planning
DATE: October 3, 2006
INTRODUCTION
Correspondence from both the developer and neighborhood are attached.
DISCUSSION
It is anticipated that both the developer and residents will be in attendance at the meeting to
discuss the sketch plan.
ACTION REQUESTED
Please add the attachments to the materials for this item.
Attachments
Letter and photographs from developer
e-mail
Council Minutes
Merit Development Co., Inc.
21471 Ulysses Street NE, #2
East Bethel, MN 55011
(763) 434-1500
(763) 434-6416 fax
RECEIVED
SEP 2 9 2006
CITY OF ANDOVER
September 29, 2006
City of Andover
Atin: Courtney
1685 Crosstown Blvd. NW
Andover, MN 55304
RE: Andover Villas P.U.D.
Courtney:
In accordance with the requirements for P.U.D. to be accepted by the city we are giving
a project narrative of the benefits for this project.
Under the P.U.D. guidelines, up to 4 units per acre are allowed. We are proposing 22
new single family units and 4 existing homes on our sketch, which equates to 3.35 units
per acre, based upon the gross acreage of7.76 acres. If at a future date the 4 existing
homes decided to split their lots which would add an additional 4 lots to this area, the
density would then become 3.87 units per acre, still under the 4 units per acre.
We have done an aerial photo survey of the existing trees and a tree loss calculation
comparing our proposed P.U.D. sketch to a standard R-4 single family lot sketch. There
are no variances in our R-4 sketch. The tree loss comparison shows that ifthe P.U.D.
sketch is accepted only 51 % of the existing trees would be lost. Another very important
point shown in the P.U.D. sketch is the large wooded buffers that separate the villa lots
from the large existing lots. We are proposing to plant a staggered row of 6' tall pine
trees along Bunker Lake Blvd. to buffer between the storm pond and the street.
We are proposing to install a sidewalk on the East side of Gladiola within the boundaries
of our plat and a hard surface path from the cul-de-sac connecting North to the existing
sidewalk paralleling Bunker Lake Blvd. on the South right-of-way.
City of Andover
September 29, 2006
Page 2
A bituminous hammer head turnaround is being installed on the North end of Eidelweiss
where it currently dead ends. Along with the bituminous turnaround, a small storm drain
is being installed to fix an on going storm water problem on the North end of Eidelweiss.
Sanitary water is also being installed to the North end of Eidelweiss where it dead ends
for future hook ups of the existing homes.
A right turn lane on Crooked Lake Blvd. is proposed to enter into the P.U.D. project,
which will help with traffic flow and safety at this intersection.
Along with all of these benefits to the neighborhood, the homes that are planned will be
constructed of high quality materials, with stone, brick, shake and siding fronts. The
majority of the Villa lots will have side load garages to enhance the curb appeal from the
street view. These construction standards will be in the recorded covenants of this
project to protect the values of the new P.U.D. and surrounding neighborhood.
Please find enclosed photos similar of the type, style and quality ofthe homes that we are
proposmg .
Sincerely,
/1J# IJ
Todd D. Ganz
President
lq
enclosure
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Courtney Bednarz
From:
Sent:
To:
Subject:
carolyn iverson [cjiverson11@hotmail.com]
Thursday, September 28,20068:21 AM
Courtney Bednarz
staff report
Hi Courtney,
Claudia asked
report.
that I forward the neighborhood comments to you for the staff
The plan is not much different than the previous plans. There are still 21
units being proposed so the density is still an issue. We believe that
there are other ways to reconfigure the single family plan with fewer units
and using the outlet off of Crooked Lake Blvd.
We asked for a 50 foot buffer between the development and the neighborhood
and that is still missing.
There are still two houses on the Gladiola lot.
The neighbors abutting the property off of Eidelweiss would like to have a
privacy fance erected if feasible.
Thanks.
Carolyn Iverson
1
GJ
TO:
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Mayor and Councilmembers ~
Jim Dickinson, City Administrator ~
Will Neumeister, Community DevelopQ Director a./cI--
FROM:
SUBJECT: (Supplemental) Approve Final Plat/White Pine Wildemess/161 st Avenue and Crane St-
Planning
DATE:
October 3, 2006
INTRODUCTION
The applicant is requesting a variance to buildability requirements on Lot 7, Block 3 as described in the
item that Todd Haas addressed as an addendum to the Final Plat for "White Pine Wildemess".
DISCUSSION
City Code 11-3-6-C requires that lots front on a publicly dedicated street. As proposed, the plat for
White Pine Wilderness does not have a street in front of Lot 7, Block 3. The applicant is seeking a
variance so that a house may be built on the lot before the street is extended in front of it.
Staff is recommending denial of the request based on the following rationale.
I. The lot does not front on a conforming public street. If approved, without a clear hardship, a
precedent may be set by allowing construction on an unbuildable lot. Future situations could be
presented by property owners where lots may not have essential services or lot dimensions, but
reference to this approval may put a future Council in a difficult position.
2. The applicant has not provided the City with clear evidence of a hardship as defined by Minnesota
State Statute. A variance to the Code requires a hardship. The hardship must not be financial in
nature.
However, if the Council desires to grant approval and makes findings for granting the variance, specific
items related to this lot must be included in the resolution, such as:
I. The City would require a cash payment to cover all the costs associated with bringing the utilities
up to standard and repairing the damage when the street is eventually brought through to Lot 7,
Block 3. This includes, among other costs, reconstructing the water and sewer lines to connect
with the main line in a normal fashion, relocating the driveway so it faces onto the new street
properly, repairing the boulevard and lawn from all the construction damage.
ACTION REQUESTED
The Council is asked to decide whether or not to grant the variance to City Code 11-3-6-C. requested by
Larry Emmerich.
Attachments
Final Plat Resolution
Cc: Larry Emmerich, 1341 161st Avenue NW, Andover, MN 55304
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO
A RESOLUTION APPROVING THE FINAL PLAT OF "WHITE PINE WILDERNESS" FOR L &
K DEVELOPMENT, LLC ON PROPERTY LOCATED IN SECTION 14, TOWNSHIP 32,
RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS:
All that part of the South 16.50 feet of the Northeast Quarter of the Northwest Quarter of
Section 14, Township 32 North, Range 24 West, and all that part of the South Half of said
Northwest Quarter which lies East of the East line of the West 717.89 feet of said South Half
of the Northwest Quarter, Northerly and Easterly of the South 689.92 feet of the West 815.00
feet of said South Half of the Northwest Quarter and Westerly of the following described Line
A:
Said Line A is described as follows:
Commencing at the Southeast corner of said South Half of the Northwest Quarter of Section
14; thence North - degrees 18 minutes 42 seconds East along the East line of said South Half
of the Northwest Quarter, a distance of 495.51 feet to the Point of Beginning of said Line A;
thence north 46 degrees 55 minutes 20 seconds West, a distance of 262.00 feet; thence North
17 degrees 47 minutes 32 seconds West, a distance of238.70 feet; thence north 38 degrees 23
minutes 22 seconds East, a distance of 304.00 feet; thence North 82 degrees 36 minutes 28
seconds East, a distance of 79.75 feet to said East line of the South Half of the Northwest
Quarter and said Line A there terminating.
Except that part platted as Anoka County Highway Right Of Way Plat No. 20, according to the
recorded plat thereof, located in Section 14, Township 32, Range 24, Anoka County,
Minnesota.
WHEREAS, the City Council has approved the preliminary plat of the project to be known as
"White Pine Wilderness"; and
WHEREAS, L & K Development, LLC has presented the fmal plat of "White Pine
Wilderness"; and
WHEREAS; the Andover Review Committee has reviewed such fmal plat for conformance
with the preliminary plat.
NOW, THEREFORE, BE IT RESOLVED by the City Coun~il of the City of Andover to hereby
approve the fmal plat of "White Pine Wilderness" contingent upon receipt of the following:
I. The fmal plat shall conform to the plan stamped received by the City of Andover on
September 25, 2006.
2. The developer shall be responsible for the cost of construction of all improvements
proposed as a part of the preliminary plat.
3. Park dedication and trail fees shall be paid as determined as part of preliminary plat
approval.
4. Such plat approval is contingent upon a development agreement acceptable to the
City Attorney. A fmancial guarantee will be required as a part of this agreement to
assure all of the subdivision improvements will be completed.
5. Subject to fmal review by City Staff for compliance with City ordinances, policies,
guidelines and conditions of preliminary, landscape plan, and fmal plat approval.
6. Developer is responsible for obtaining all permits from U.S. Army Corps of
Engineers, DNR, LGU, watershed district, MPCA and any other agency that may
be interested in the site.
7. All potential urban areas (within the MUSA boundary) located north of 161 st
Avenue NW and Crane Street NW (located east of Hanson Boulevard and west of
Yellowpine Street) shall be responsible for improvements to the intersection of
161 st Avenue NW and the proposed Crane Street NW as required by the Anoka
County Highway Department and the Andover Engineering Department.
8. The developer shall enter into a Development Contract with the City and shall pay all
relative fees (i.e. sanitary sewer, water area and connection fees, etc...) as required.
9. Sanitary sewer and water main shall be extended to the site at the developer's
expense.
Subject to all previous conditions of the preliminary plat resolution (R088-06) dated July 18th,
2006.
Adopted by the City Council of the City of Andover this 3rd day of October, 2006.
CITY OF ANDOVER
ATTEST:
Victoria V olk, City Clerk
Michael R. Gamache, Mayor