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HomeMy WebLinkAboutCC May 2, 1989 o o ** REVISED ** DATE: May 2, 1989 ITEMS GIVEN TO THE CITY COUNCIL Memo from Jay Blake & Cindy DeRuyter (5/2/89) Letter from Lurline J. Baker-Kent (4/26/89) Memo from Howard Koolick (5/1/89) PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. CITY of ANDOVER MEMORANDUM $200 $5,820 TO: COPIES TO: FROM: DATE: REFERENCE: Honorable Mayor and city council Jay May Recycling Budget update , city Administrator James Sc The Andover City Council is asked to review the following budget summary for the recycling program in Andover. 1988 Budget $6,020 Amount Spent 1988 Carry Over 1989 Budget $4,603 Amount Spent Estimated to June 30, 1989 $1,929 I have discussed the Andover recycling budgets with carolyn smith, Anoka county Administrative Department. She stated that the 1988 carryover must be spent before June 30, 1989 otherwise, the funds will be distributed to other communities in Anoka County. I am currently charging personnel costs for the Recycling Coordinator to the 1988 carryover. still, a significant amount of money should be expended. Approximately, $3,891 remains in the 1988 carryover, after personnel and office costs are subtracted. I have received word that the 1989 budget could be carried over to no later than June 30, 1990. Several recycling projects are planned: o Andover Clean Up Day Curb Side Recycling Drop Off Center permanent Part Time Staff Business Recycling program School programs @ o Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 ~ April 26, 1989 CI - TY OF ANDOVER Mr. James Schrantz, City Administrator Andover City Hall 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mr. Schrantz: Again this year we will be hosting a series of meetings to present the proposed Metropolitan Waste Control Commission budget for 1990. Commissioner Paul McCarron and I are inviting you to attend the infor- mational meeting for Precinct E which will be held at the following time: Date: May 16, 1989 Location: The Seasons Restaurant and Lounge Hwy 242 and Foley Blvd. Coon Rapids Time: 7:30 a.m. The meeting is planned to review and inform local officials, city staff, and Metropolitan Council members who ~epresent the area within MWCC Precinct E. Please respond by May 9 to Eunice Groschen at 229-2110 if you will be attending. Also, please feel free to invite appropriate staff as well. 1~ f'; irl!PJ ~ Jf rr-: rf:,O / I ~ dJ- ?j:P' Sincerely, ~ae~;~ Chair 7, o LBK:ls L4 Equal Opportunity/Affirmative Action Employer ~<D o 10 CC. 5/2/'8<1 " CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: James Schrantz, City Administrator Howard Koolick, Cit Finance Director May 1, 1989 Funding for Signals at 135th anc'l RT.R ;,nr'l 1h1<:t end RLB The attached request for council approval discusses the proposed funding of these two projects. You were concerned about the status of the MSA Fund (Road Fund). A review of past City Council minutes shows no other formal dedication or proposed use of these funds. The December 31, 1988 Cash summary shows a balance of $230,255.67. This amount increased slightly from the 1987 balance. Since the accounting records are only posted through January, 1989, it is not possible to give you an exact financial position of this fund as of the current date, however, I believe that there were very few transactions and no major transactions in this fund during 1989. Based on the above analysis, I believe the two signals could be funded from the Road Fund (Shown on books as State Aid Projects Fund). This would still leave significant funds available for the Crosstown Boulevard project. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 18, 1989 , , DATE BY: James E. Schrantz AGENDA SECTION NO. ORIGINATING DEPARTMENT Engineering The City Council is requested to approve the attached Joint Powers Agreement with Anoka County for the installation of signals at 135th Avenue and Round Lake Boulevard, and at 161st and Round Lake Boulevard. Estimated cost of the signa~ and engineering costs at 135th and Round Lake Boulevard is $86,400. Andover and Anoka each pay for their leg of the intersection, or 25% plus 1/2 of 50% of the County's two legs, or a total of 37.5% or $32,400. We are unable to use MSA funds for the signal at 135th and Round Lake Boulevard. Estimated cost of signal and engineering costs at 161st and Round Lake Boulevard is $86,400. Andover has one leg so, we pay 25% plus 50% of the County's 75%, for a total 62.5% or $54,000. The city's leg is MSA, therefore, eligible for MSA financing of 25% or $21,600. I would recommend we use the city's "Road Fund" (in the past was called our MSA Fund) - this fund may be depleted on Crosstown Boulevard unless we assess some cost for Crosstown storm drain and curb. The other financing option is to use surplus funds from the general fund. o COUNCIL ACTION MOTION BY \::!! TO SECOND BY ..~'r........,.... . COUNTY OF ANOKA , , Department of Highways Paul K. R/md, Highway Engineer 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520 R'~ ECErVEn , I MAR 3119891U CITY OF ANDOVER March 29, 1989 Jim Schrantz City Engineer/Administrator City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Joint Powers Agreements - Traffic Signal Installations CSAH #9 & Roosevelt St. (13Sth Ave.) - C.P. 88-28-09 CSAH #9 & CSAH 1120 (161st Ave.) - C.P. 88-29-09 Dear Jim: Enclosed for your review and signature are three (3) copies each of the above-referenced joint;: power agreements between . Anoka County and the City of Andover. Please have all three (3) copies executed by. the designated officials from the Gity of Andover and return them to my office for additional processing. A fully approved and executed copy will then be sent to you. Thank you for your cooperation. Feel free to contact our office if you have any questions or comments. C::);~~Sj-- Roy Humbert Contracts Administrator . Enc1: " o AHlrmallve Acllon I Equnl Opportunity Employer .' o '-- o '-- , . , . .JOINT IJOWERS AGREEMENT FOR TilE INSTALLATION (W TRAI<ITIC CONTROL SIGNALS AT TilE INTERSECnONS OF: ROUND LAKE BLVD. (C.S.A.H. #9 AND ROOSEVELT ST. (135TH AVE.) This Agreement made and entered into this day of ,1989, by and between the County of Anoka, State of Minnesota, a political subdivision of the State of Minnesota, 325 East Main Strecl, Anoka, Minncsota, 55303, hereinafter referred to as "County," and the City of Andovcr, hereinafter referred to as "Cily". WITNESSETH: WHEREAS, the parties to this Agreement desire to jointly cause the construction of traffic actuated control signals at the intersection of Round Lake Blvd. (C.S.AH. #9) at Roosevelt St. (135th Avc.); and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. ~ 471.59. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: 1. PURPOSE The County and City have joined together for the purpose of installing a traffic control signal system at the intersections of Round Lake Blvd. (C.S.AH. #9) and Roosevelt St. (135th Ave.): as described in the plans and specifications numbered 88-28-09 on file in the office of the Anoka Counly Highway Department and incorporated herein by reference. e ;0 2. METHOD The County shall provide all engineering services and shall cause the construction of Anoka County Project No. C.P. 88-28-09 in conformance with said plans and specifications. TIle letting of bids and the acceptance of al! bid proposals shall be done by the County. 3. COSTS A The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs which will be incurred for this project. The estimated costs are attached as Exhibits A, and incorporated herein by reference. B. The City shall pay for engineering services at a rate of eight percent (8%) of its actual construction costs. C. The total cost to the City is based on the actual cost of construction of the traffic control signals plus engineering costs as provided for in Exhibit B. The estimated cost to the City is: Construction: Engineering (8%) $30,000.00 2.400.00 TOTAL ESTIMATED CITY COST: $32,400.00 D. Upon final completion of the construction the city shall pay to the County, upon written demand by the County, the actual cost of construction and engineering, estimated to be $32,400.00: The City's share of the project shall include only construction and engineering and does not include adminislrative or other expenscs incurred by the County. ,0 c' o 4. TERM TIlis Agreement shall continue until (1) tcrminated as provided hereinafter, or (2) until the construction provided for herein is completed and payment provided for herein is made, whichever of (1) or (2) shall first occur. 5. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. 6. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State Laws. 7. STRICT ACCOUNTABILITY A strict accounling shall be made of all funds and report of all reccipts and disbursemcnls shall be made upon request by either party. 8. SIGNALIZATION POWER TIle City shall install or cause the installation of an adequate electrical power source to the service pad or pole including any necessary extensions of power lines. Upon completion of said traffic control signal installation the ongoing cost of electrical power to the signal shall be at the sole cost and expense of the Cities of Andover and Anoka. The two cities shall reach sepamte agreement on the cost of power and shall furnish the County with a copy of said agreement by June 30, 1989. 9. MAINTENANCE Maintenance of the completed signal and signal equipment will be the sole obligation of the County. All other mainlcnance, including the ongoing cost of electrical power to the signal, will be the responsibility of the City. .0 "- (,0 10. TERMINATION This Agreemcnt may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivercd by mail or in person to the other party. If notice is dclivered by mail, it shall be decmed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. 11. AFFIRMATIVE ACTION In accordance with Anoka County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subjcct of this Agreement on the basis of r.ace, creed, color, sex, marital status, public assistance status, age, disability, or national origin. 12. NOTICE For purposes of dclivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, 325 East Main Street, Anoka, Minnesota, 55303, on behalf of the County, and the City Manager of the City of Andover, 1685 N.W. Crosstown Blvd., Andover, MN 55304, on behalf of the City. 13. INDEMNIFICATION The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agcnts, or employees relating to activities conducted by either party under this Agreement. .: r; '- :0 14. ENTIRE AGREEMENT REOUIREMENT OF A WRITING It is undcrstood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oml agreements and all negotiations between the parties relating to the subject maller thcreo[, as well as any previous agreement presently in effect between the parties relating to the subject maller thereof. Any alterations, variations, or modifications o[ the provisions o[ this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. IN WITNESS WHEREOF, the parties o[ this Agreement have hereunto set their hands on the dates written below: COUN1Y OF ANOKA CI1Y OF ANDOVER By: By: Name: Jerry Windschitl Title: Mayor Dan Erhart, Chairman Anoka County Board o[ Commissioners Daled: Dated: ArrEST: By: By: Name: Jim Schrantz Tille: City Engineer/City Administrator John "Jay" McLinden Anoka County Administrator Recommended [or Approval: By: Paul K. Ruud, County Engineer APPROVED AS TO FORM: By: By: City Allorney, City of Andover Assistant Anoka County Allorncy (DV:Cont\CSAH-9.AND) o L .0 '-, EXHIBIT A , ' Joint Powcrs Agreement For The Installation and Maintenance of Traffic Control Signals at the Intersection of: Round Lake Blvd. (C.S.A.H. #9) and Roosevelt St. (135th Ave.) Estimated Costs for the Projects are as Follows: Project C.P. 88-28-09 Fully Actuated Traffic Control System Control Cabinet Engineering 8% $70,000.00 10,000.00 6.400.00 $86,400.00 $32,400.00 $32,400.00 $21,600.00 Total City Share Anoka Share County Share 25% + 12.5 37.5% 25% ~ ~ (~ EXHIBIT B .' Cost Sharing Agreement for Projects Constructed in Anoka Counly Using County Slate Aid Funds or Local Tax Levy Dollars ITEMS Concrete Curb & Gutler Concrete Sidewalk Concrete Sidewalk Replacement Concrete Curb & Gutler for Median Construction Concrete Median Grading, Base & Bituminous Storm Sewer Tramc Signals (Communities larger than 5,000) Tramc Signal (Communities less than 5,000) Engineering Services for construction Right of Way * COUNlY SHARE CIlY SHARE 50% o 100% 50% 100% o 100% 100% 100% Based on State Aid Lctler o o * Based on State Aid Letter 1/2 of the cost of its legs of the ,t.-fe.Stet;',., the cost of its legs of the intersection plus 112 the cost of the County legs of the intersection 100% o ** 90+% 8% of its actual construction cost 0*** 100% The County pays for 100% of a standard Median Design such as plain concrete. If a community requests decorative median such as red brick, stamped concrete, or exposed aggregate concrete the City will pay the additional cost above the cost of standard median. ** In communities less than 5,000 people the County pays for 100% of the cost of the traffic signal effective in March of 1986. The County collects on behalf of the cities (less than 5,000) "Municipal State Aid Dollars" because those cities do not qualify for state aid funds. These funds are used to pay the City Share. *** In the event that the City requests purchase of right-of-way in excess of those right-of-ways requir~d by counly construction the cities participate to the extent an agreement can be reached in these properties. For instance a city may request a sidewalk be constructed alongside of one of our roadways which would require additional right of way, in this case the City may pay for that porlion of Ihe right of way. Acquisition of right-of-way for new alignments shall be the responsibility of Ihe City requesting the alignment. o c, o JOINT I)OWERS AGREEMENT l'OR TIlE INSTALLATION 01' TRAI'FlC CONTROL SIGNALS AT TIlE lNTEH.SECflONS OF: ROUND LAKE BLVD. (C.S.A.I1. #9) AND C.S.A.II. #20 (161ST AVE.) This Agreement made and entered into this day of .1989, by and between the County or Anoka, State of Minnesota, a political subdivision of the State of Minnesota, 325 East Main Street, Anoka, Minnesota, 55303, hereinafter referred to as "County," and The City of Andover, hereinafter referred to as "City". WlTN ESSETII: WHEREAS, the parties to this Agreement desire to jointly cause the construction of tramc actuated control signals at the intersection of Round Lake Blvd. (C.S.AH. #9) at C.S.AH. #20 (161st Avcnue); and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. ~ 471.59. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: 1. PURPOSE The County and Cily have joined together for the purpose of installing a tramc control signl!~ system at the intersections of Round Lake Blvd. (C.S.AH. #9) and C.S.AH. #20 (161st Avenue) as describcd in the plans and specifications numbered 88-29-09 on file in the omce of the Anoka County Highway Department and incorporated herein by reference. (0 , \...... o , , 2. METHOD The County shall provide all engineering seIVices and shall cause the construction of Anoka County Project No. C.P. 88-29-09 in conformance with said plans and specifications. The IClling of bids and the acceptance of all bid proposals shall be done by the County. 3. COSTS A. The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs which will be incurred for this project. The estimated costs are attached as Exhibits A, and incorporatcd herein by reference. B. The City shall pay for enginccring sCIVices at a rate of eight percent (8%) of its actual construction cosls. C. The total cost to the city is based on the actual cost of construction of the traffic control signals plus engineering costs as provided for in Exhibit B. The estimated cost to the City is: Construction: Engineering (8%) $50,000.00 4.000.00 $54,000.00 TOTAL ESTIMATED CITY COST: D. Upon final completion of the construction the city shall pay to the County, upon written demand by the County, the actual cost of construction and engineering, estimated to be $54,000.00. TIle City's share of the project shall include only construction and engineering and does not include administrative or other expenses incurred by the County. ~ ... ;'..1. ,. e 4. TERM This Agreement shall continue unlil (1) terminated as provided hereinafter, or (2) until the construction provided for herein is completed and payment provided for herein is made, whichever of (1) or (2) shall first occur. 5. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. 6. CONTRACfS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State Laws. 7. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. 8. SIGNALIZATION POWER The City shall, at its sole expense, install or cause the installation of an adequate electrical power source to the service pad or pole, including any necessary extensions of power lines. Upon completion of said traffic control signal installation Ihe ongoing cost of electrical power to the signal shall be at the sole cost and expense of the City. 9. MAINTENANCE Maintenance of the completed signal and signal equipment will be the sole obligation of the County. All other maintenance, including the ongoing cost of electrical power to the signal, will be the re.sponsibility of the City. o c c: Q , . . , , 10. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. 11. AFFIRMATIVE ACfION In accordance with Anoka County's Mfirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, marital status, publie assistance status, age, disability, or national origin. 12. NOTICE For purposes of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, 325 East Main Street, Anoka, Minnesota, 55303, on behalf of the County, and the City Manager of the City of Andover, 1685 N.W. Crosstown Blvd., Andover, MN 55304, on behalf of the City. 13. INDEMNIFICATION The City and the County mutually agree to indemnify and hold harmless each other from any claims, losscs, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. .: 2 o . " 14. ENTIRE AGREEMENT REOUIREMENT OF A WRITING . . It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject maller thereof, as well as any previous agreement presently in effect between the parties relating to the subject maller. thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: COUNlY OF ANOKA CIlY OF ANDOVER By: By: Dan Erhart, Chairman Anoka County Board of Commissioners Name: Jerry Windschitl Title: Mayor Dated: Dated: ATTEST: By: By: John "Jay" McLinden Anoka County Administrator Name: Jim Schrantz Title: City Engineer/City Administrator Recommended for Approval: By: By: Paul K. Ruud, County Engineer City Attorney,' City of Andc,JVer APPROVE-Q AS TO FORM: By: Assistant Anoka County Atlorney (DV:Cont\CSAH9&20.JP A) o c: o "--', EXHIBIT A . . Joint Powers Agreement For The Installation ami Maintcnance of Traffic Control Signals at the Intersection of: Round Lake Blvd. (C.SAH. #9) and C.SAH. #20 (161st Ave.) Estimated Costs for the Projects are as Follows: Project c.P. 88-29-09 Fully Actuated Tramc Control System Control Cabinet Engineering $70,000.00 10,000.00 6.400.00 $86,400.00 $54,000.00 32,400.00 Total City Share County Share 37.5% + 25% 37.5% ,'. 9 Q . .. ... ..--.-- EXHIBIT B Cost Sharing Agreement Cor Projects Constructed in Anoka County Using County State Aid Funds or Local Tax Levy Dollars The County pays for 100% of a standard Median Dcsign such as plain concrete. If a community requests decorative median such as red brick, stamped concrete, or exposed aggregate concrete the City will pay the additional cost above the cost of standard median. In communities less than 5,000 people the County pays Cor 100% of the cost of the traffic signal effective in March of 1986. The County collects on behalf of the cities (less than 5,000) "Municipal State Aid Dollars" because those cities do not qualify for state aid funds. These Cunds are used to pay the City Share. In the eyent that the City requcsts purchase of right-of-way in excess of those right-of-ways required by county construction the cities participate to the extent an agreement can be reached in these properties. For instance a city may request a sidewalk be constructed alongside of one of our roadways which would require additional right of way, in this case the City may pay Cor that portion of the right of way. Acquisition of right-of-way for new alignments shall be the responsibility of the City requesting the alignment. !.j .t",. o o **************************************************************** ~~************************************************************~* ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ::WHAT'$ HAPPENING? :: ~~ ** ~~ ** :: J J :: ~~ ** ~~ ** ~~ May 2, 1989 ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~ ~ ~~ Nancy King has been hired for the position of ** :: recording secretary for the Planning and Zoning :: ~~ Commission and the Park and Recreation ** ~~ ** ~~ Commission. She will start on May 4th. ** ~~ ** ~~ ** ~~ please note the development concern of the ARC ** :: in a memo included in this packet. :: ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~iC ** iCiC ** ~ ~ ~ ~ iCiC ** iCiC ** ~iC ** ~ ~ ~~ ** ~~ ** iC~ ** ~~ ** ~~ ** iC~ ** ~~ ** ~~ ** iCiC ** iC~ ** ~~ ~ ~~ ** ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ** ~~ ** ~~ ** ~~ ** ~iC ** iC~ ** ~ ~ ~~ ** ~~ ** ~ ~ ~ ~ ~ ~ ~ ~ iCiC ** ~iC ** iC~ ** iC~ ** iCiC ** ~~ ** ~:**************************************************************: ................................................................ o CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Ci t Council James E. Schrantz April 28, 1989 Request for Work Se sion on Development/Subdivioion Ordinance Requirements The City Council's philosophy on development concerning the extent of the involvement of the City with improvements on private property has changed from the previous Council. The ARC committee believes that we should go back and look at our subdivision ordinances. One of the concerns staff has had for a number of years is that we need to have a buildable lot and define what that buildable lot is. Originally we had proposed that a buildable lot should be a minimum of 11,400 square feet, at or above the street. Why shouldn't the entire urban lot be buildable? If there is a need for drainage to go across the lots and the easement required is greater than the normal 10 foot drainage and utility easement, it should be in addition to the standard lot. The lot should be larger. The City got away from having the entire lot buildable when we developed Creekridge, Smith's Green Acres and Bent Creek, as examples. During the subdividing of those plats, the ARC committee recommended that at least the front 100' of the lot be buildable and above the curb. This allows a homeowner to put at least a deck on behind his house without having the lot falloff into the low area, man-made - like in Creekridge - or natural. o It seems that after people move into a home they find out they don't have a usable backyard like they used to have when they were a kid at home. They become disturbed and start looking for someone to solve their problem so, they come to the City. We believe .we should anticipate this and create buildable lots. We're getting more and more "just developers" that develop the land and then sell the lots to builders leaving the responsibility with the builders, similar to what we experienced in Creekridge. The developer in Creekridge dug a man-made hole so that he could use the dirt to create additional lots; sold the lots to individual builders; put the responsibility on the builders; the builders failed to accomplish the responsibility o Page Two Request for Work Session April 28, 1989 (probably because they didn't control all the lots); and left the City with dissatisfied citizens. The same thing can happen in Smith's Green Acres and Bent Creek. We're trying to build too much on too little land. The City Council appears to be more sympathetic to this concern. Therefore~ we should have a work session soon to discuss how we can amend our subdivision Ordinance so that we can prevent these problems, building in more control and inspections. People expect to have a buildable lot. We're experiencing more developers that don't care to remove all the trees on the lots so they can't pre-grade the lots to the grading plan. They want to fill the lot at the time that they are building the house. Hills of Bunker Lake is a good example. We've allowed this development to complete some of their grading at the same time as they are building the house. So far, we haven't had a great deal of problems with this development but, there is a potential there may be some lots that won't be graded to the satisfaction of the buyer. The City has lost control because we have got out of the subdivision process at that point. We have our utilities in, streets are improved, the street lights .are in, the boulevards are graded~ we've satisfied our subdivision requirements. An alternative to this is not to release the developer of his development responsibilities until the houses are all constructed. That may be two to five years after the subdivision started. At that time, the developer's bond would be released for his grading improvements. In our developments similar to those that Good Value does the developer stays in control of the development until the last house is built. They don't just sell lots; they continue to build themselves. With Creekridge, Smith's Green Acres and Bent Creek, developers sell the lots to builders and they're gone. We believe that we have to take a look at our subdivision ordinance; put more requirements and controls in the subdivision ordinance; require more inspections; require that the lots are totally graded to the grading plan before the Building Department will issue the Certificate of Occupancy. This, of course, is going to take a great deal more time and effort and it's going to cost the developers considerably more money if we're going to go out and make detailed grading inspections and do some elevations checks to see that everything is graded according to the grading plan. o It is important to improve our subdivision ordinance because Andover is starting to develop more and more marginal land and with this the potential for these type of problems are going to become even greater. o o Page Three Request for Work Session April 28, 1989 In the past we've assumed that a new owner coming to a subdivision has looked at the lot and is buying a lot that is acceptable to him. It seems as though they are unable to visualize what the end results of the lot is going to look like. In the past, during the subdivision process when we've tried to get more buildable area on the lots, it wasn't very well received by the Planning Commission or the City Council. They usually thought we were being too severe. Example: Creekside Estates and Bent Creek - we spent a great deal of time trying to get more buildable lot area and lot depth. In those instances, we were only trying to get the front 100' of each lot buildable. In fact, the Council challenged it and accused us of trying to enforce more than what the ordinance provided for. If you remember, we had a special meeting where we brought in drawings showing what we wanted and how we wanted the front 100' of the lot buildable and above curb, and we also wanted all the organic soils removed from that 100' so that the entire lot could support a building or a driveway. In Bent Creek the developer tried very hard to leave organic soils in the front yard and only fill the building pad. We were successful in getting the Council to approve the 100' in depth of buildable lot. MINNESUfA SAFETY COUNCIL \ The Saiety Resourre '/D ~c, ~z/6'? o April 25, 1989 Ibdd J. Haas, Engineering Assistant City of Andover 168S Crosstown Blvd. NW Andover, MN 55304 Dear Me. Haas: Congratulations! Your cammmity has been selected to receive the Meritorious Achievement Award in Traffic Safety. The awards cOllIni ttee comneoos you on your high level of achievement. Presentation of your award will be inunoo iately proceeding the Covernor' s Safety Awards Banquet at the 1989 MinneSJta safety Conference, beginning at 7: 00 p.m. on June 6 at the RacHsson South Ibtel in Bloanington. The form to advise us of the r::erson who will accept your award an:1 to make banquet reservations is enclosed. Your award recipient need only pay for meal function tickets; the recipient's conference registration will be canplimentary. We've also enclosed a copy of our conference program and send a warm invi- tation to other members of your organization to attend the excellent safe- ty and health programs which will be presented. We encourage you to visit the largest display of safety and health prcducts am services in Hinneso- ta. Your early return of the enclosed reservation form will help us make ef- fective arrangements for an impressive cererrony. We'll look forward to hear ing from you by ~1ay 17. Sincerely, HINNESOl'A SAFETY CCUNCIL, INC. &J~ Carol A. Bufton President CAB/ntl enclosures o 474 Concordia Avenue, St. Paul, Minnesota 55103 (612) 291-9150 Chartered by the National Safety Council- Organized June 1, 1928 o o DATE: May 2, 1989 ITEMS GIVEN TO THE CITY COUNCIL Minutes - Special City Council Meeting (4/18/89) Minutes - Regular City Council Meeting (4/18/89) preliminary plat - Echo Hill Letter from Philip Martin, united Power Assoc. (4/19/89) Letter from John Rodeberg, TKDA (4/21/89) Minutes - Board of Review (4/27/89) Minutes - Housing & Redevelopment (4/18/89) Ordinance No. 8HHH Ordinance Index PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1989 ORIGINATING DEPARTMENT APPROVE AGENry , BY: I AGENDA SECTION NO, ITEM NO, Confidential Administration Public Works Labor Agreement BY: James E. Schrantz The City Council is requested I to consider the attached it~S: Labor Agreement Lead Person Job Description Maintenance Worker Job Description Proposed Organization Structure Existing and Proposed Salary Schedule Anoka's Salary Schedule 49'ers Salary Schedule Please note the proposed salaries total is less than was budgeted. The Lead Persons will be Ray, Kevin and Dale. The Public Works Maintenance Workers will be Wayne, Scott, Rick and the new Public Works employee. COUNCIL ACTION MOTION BY TO SECOND BY o o LABOR RELATIONS ASSOCIATES, INC, {O C. ('. 5/2/'2: 7 7501 Golden Valley Road Golden Valley. Minnesota 55427 612/546-1470 April 25, 1989 Mr. James E. Schrantz City Manager City of Andover 1685 Crosstown Blvd. N.W. Andover, Minnesota 55304 RE Enclosed Labor Agreement Dear Mr. Schrantz: , U-E-CEIV ED:~ n~ CITY OF ANDOVER A copy of the Labor Agreement is enclosed for your review. The Agreement does not include fringe benefits, this can be added when the final contract is put together. Please call me when you receive the Agreement. '" CFS@) Enclosure (h Ls>" ~vv-t;- t7l- De3 c f-/f?~ sue o LABOR AGREEMENT BETWEEN THE CITY OF ANDOVER AND THE MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 JANUARY 1, 1989 - DECEMBER 31, 1989 o I . 0 TABLE OF CONTENTS ARTICLE PAGE I PURPOSE OF AGREEMENT . . . . . . . . . . . . . . . . . 1 II RECOGNITION . . . . . . . . . . . . . . . . . . . . . . 2 III UNION SECURITY . . . . . . . . . . . . . . . . . . . . 2 IV EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . 3 V EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . 3 VI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE . . . . . . . . . . 3 VII DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . 9 VIII SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . 10 IX WORK SCHEDULES . . . . . . . . . . . . . . . . . . . .11 X OVERTIME PAY . . . . . . . . . . . . . . . . . . . . . 12 XI CALL BACK . . . . . . . . . . . . . . . . . . . . . . . 12 XII LEGAL DEFENSE . . . . . . . . . . . . . . . . . . . . . 12 XIII RIGHT OF SUBCONTRACT . . . . . . . . . . . . . . . . . 13 XIV DISCIPLINE . . . . . . . . . . . . . . . . . . . . . . 13 XV SENIORITY . . . . . . . . . . . . . . . . . . . . . . . 13 XVI PROBATIONARY PERIODS . . . . . . . . . . . . . . . . . 14 XVII SAFETY . . . . . . . . . . . . . . . . . . . . . . . . 14 XVIII JOB POSTING . . . . . . . . . . . . . . . . . . . . . . 14 XIX INSURANCE . . . . . . . . . . . . . . . . . . . . . . . 15 XX WAIVER . . . . . . . . . . . . . . . . . . . . . . . . DURATION . . . . . . . . . . . . . . . . . . . . . . . APPENDIX A - WAGES . . . . . . . . . . . . . . . . . . -i- 0 o o LABOR AGREEMENT BETWEEN THE CITY OF ANDOVER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT LOCAL NO. 320 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Andover hereinafter called the EMPLOYER, and Minnesota Teamsters Public and Law Enforcement, Local 320, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedur~s for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. -1- c:> ARTICLE II RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the job classifications listed below who are public employees within the meaning of Minn. Stat. 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: o ARTICLE III UNION SECURITY In recognition of the UNION as the exclusive representative the EMPLOYER shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the UNION. 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. -2- o ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 6.l DEFINITION OF A GRIEVANCE A ~rievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. o -3- o 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: o -4- o Step I. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step I grievance within ten (10) calendar days after receipt. A grievance not resolved in Step I and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's -5- o o final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. -6- o o 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the _terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or vary- ing in any way the application of laws, rules, or regu- lations having the force and effect of law. The arbitrator's decision shall be submitted in writing with- in thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. -7- o o 6.6 6.7 o If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may -8- o be appealed either to Step 5 of ARTICLE VI or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of ARTICLE VI the grievance is not subject to the arbitration procedure as provided in Step 4 of ARTICLE VI. The aggrieved employee shall indicate in writing which procedure is to be utilized--Step 4 of ARTICLE VI or another appeal procedure--and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of ARTICLE VI. ARTICLE VII DEFINITIONS 7.1 UNION: Minnesota Teamsters and Law Enforcement Employees Union, Local No. 320. EMPLOYER: City of Andover. UNION MEMBER: A member of the Minnesota Teamsters and Law Enforcement Employees Union, Local No. 320. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining 7.2 7.3 unit. 7.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. 7.6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE II - RECOGNITION. Employees who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered c:> -9- o by this AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and layoff and total length of service with the EMPLOYER for other benefits under this AGREEMENT. 7.7 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 7.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.9 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. o -lO- o o ARTICLE IX WORK SCHEDULES 9.l The sole authority is work schedules is the EMPLOYER. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 8:00-4:30 day. The EMPLOYER will give seven (7) days advance notice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no . advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours, however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. -11- c:> ARTICLE X OVERTIME PAY lO.l Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the employee's regular base pay rate. 10.2 Overtime will be distributed as equally as practicable. lO.3 Overtime refused by employees will for record purposes under ARTICLE 10.2 be considered as unpaid overtime worked. 10.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE XI CALL BACK An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (l-I/2) times the employee's base pay rate. ARTICLE XII LEGAL DEFENSE l2.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts o -l2- o performed within the scope of the employee's employment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such employee in defending against such charge. ARTICLE XIII RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XIV DISCIPLINE The EMPLOYER will discipline employees only for just cause. o ARTICLE XV SENIORITY 15.1 Job classification seniority will be the determining criterion for lay offs when the job-relevant qualifications between employees are relatively equal. 15.2 Job classification seniority will be the determining criterion for recall when the job-relevant qualification factors are relatively equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. -13- o ARTICLE XVI PROBATIONARY PERIODS 16.1 All newly hired or rehired employees will serve a six (6) months' probationary period. 16.2 All employees will serve a six (6) months' probationary period in any job classification in which the employee has not serve a probationary period. 16.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 16.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE XVII SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII JOB POSTING: TRANSFERS AND PROMOTIONS 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 18.11 have the necessary qualifications to meet the c:> standards of the job vacancy; and -14- o 18.12 have the ability to perform the duties and responsi- bilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XVI (PROBATIONARY PERIOD). 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. o ARTICLE XIX INSURANCE 19.1 The EMPLOYER will contribute up to a maximum of one hundred eighty dollars ($180.00) per month per employee for group health and life insurance including dependent coverage. 19.2 By mutual agreement employees may use fifteen dollars ($15.00) of the per month per employee of health insurance dollars in 19.1 and 19.2 for dental insurance for all unit employees. 19.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. -15- Q ARTICLE 20.1 20.2 Q WAIVER Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. -16- o o ARTICLE DURATION This AGREEMENT shall be effective as of and shall remain in full force and effect until the day of , except that either party may reopen for negotiations for calendar the wage rates in and calendar APPENDIX A and the amount of insurance to be shown in ARTICLE 19.2 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , 198_ CITY OF ANDOVER MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES LOCAL NO. 320 -17- ~ , . o APPENDIX A Lead Person: HOURLY WAGE RATES 1989 $12.50/hr. $14.25/hr. Start Top Employees classified as Lead Persons will be paid between the start and top rate based on such factors as employee performance and longevity. The rate to be determined solely by the Employer. Maintenance Worker: Start Top $ 8.50/hr. $12.50/hr. Employees classified as Maintenance Worker will be paid between the start and top rate based on such factors as employee performance and longevity. The rate to be solely deter- mined by the Employer. o CITY OF ANDOVER POSITION DESCRIPTION o POSITION TITLE: Lead Person DEPARTMENT: Department of Public Works ACCOUNTABLE TO: Public Works Superintendent NATURE OF WORK Under general supervision of the Public works Superintendent, performs general construction and maintenance work; leads other workers; and performs work as required. EXAMPLES OF WORK PERFORMED Leads and participates in the construction, repair and maintenance of City facilities and equipment. Leads and participates with crews involved in a broad range of maintenance activities. Assures that proper safety measures are observed by other workers as required. Operates a variety of tools and equipment such as loaders, graders, tractors, trucks, pickups, mowers, blades, hand tools and other equipment. Performs related work as required. DESIRABLE KNOWLEDGE, SKILLS, ABILITIES AND RESPONSIBILITIES 1. Good knowledge of general parks and grounds construction and maintenance work, tools and equipment. 2. Good knowledge of the safe operation of motorized equipment and promoting safety on the job. 3. Ability to lead others in construction and maintenance activities of average difficulty. 5. Knowledge, equal to a establish and maintain effective working relations with I skill, abilities and responsibility in other divisions Public Works II. 4. Abili ty to others. DESIRABLE MINIMUM TRAINING AND EXPERIENCE o A combination of training and experience substantially equivalent to graduation from high school and four years of general construction and parks or grounds maintenance work. o o page Two position Description: Lead Person Division of Parks and Grounds LICENSES AND CERTIFICATES Must possess a valid Class B vehicle operator's license issued by the State of Minnesota, Department of Motor Vehicles. . Must be able to obtain a Class D Water Supply Operator's Certificate and a S-D Waste Water Treatment Operator's Certificate within one year after appointment. PHYSICAL REQUIREMENTS Must be able to meet the physical demands of the work involved. Department Head Effective Date CITY OF ANDOVER POSITION DESCRIPTION o POSITION TITLE: Maintenance Worker DEPARTMENT: Department of Public Works Public Works Superintendent ACCOUNTABLE TO: NATURE OF WORK Under general supervision, performs routine and semi-skilled maintenance duties in the operation of public works or related equipment and in the maintenance and repair of municipal water distribution and sewer systems; performs a variety of mechanical tasks in the installation; maintenance and repair of water and sewerage mains and facilities. Work involves responsibility for the safe and efficient operation of a variety of public works equipment used in the construction and maintenance of streets, parks, water, sewer and other municipal facilities. Performs related work as assigned. EXAMPLES OF WORK PERFORMED Operations: Operates a variety of tools and equipment such as loaders, graders, tractors, pickups and dump trucks, air compressors, mowers, tillers, seeders, sprayers, spreaders, field tractors, snow blowers, chain saws, hand tools and other equipment; performs general labor and construction work when necessary and when not engaged in operating equipment. May perform street patching, cracksealing, sealcoating, snowplowing, loading and hauling; street sanding and salting; and storm drain and catch basin cleaning. May perform snow removal and may sweep, flood and maintain skating rinks and care for warming houses. May do some landscaping, painting, carpentry and other general maintenance work on public works, park and municipal buildings and facilities. Utiliti~s: Installs service taps and connections, repairs mains, services hydrants, builds valve chambers and meter pits and repairs pumps. o Responds to emergency calls, inspects distribution services for leaks, poor pressure and other difficulties. Cleans, builds and repairs manholes, inspects sewer connections, lays sewer pipe as needed. o Page Two position Description: Maintenance Worker Department of Public Works May test, disassemble, inspect and assemble several sizes and types of water meters, clean mechanisms, repair or replace worn or defective meters, and adjust meters to a close degree of accuracy. May conduct tests on water samples and read meters. Cleans and maintains shop and equipment, maintains and checks inventory parts. Operates and maintains well pumps and sewer lift stations and related machinery and equipment. Maintains motor vehicles, small engines, and other equipment used in sewer and water maintenance and repair. 1. 2. 3. 4 . 5. 0 6. DESIRABLE KNOWLEDGE, SKILLS, ABILITIES AND RESPONSIBILITIES Operations: 1. Good knowledge of the mechanical operation of equipment and equipment accessories. ~. Good knowledge of techniques of operation in maintenance and construction work. 3. Good knowledge of the safe operation of tools and equipment. 4. Ability to follow oral and written instructions. 5. Ability to establish and maintain effective working relations with others. utilities: Good knowledge of methods, materials and techniques used in the repair and maintenance of water or sewerage systems and services. Good knowledge of occupational hazards of the work and necessary safety precautions. Some knowledge of methods, practices and tools used in the utility maintenance field. Ability to maintain and repair small equipment. Ability to locate leaks and other malfunctions in water or sewerage services and to decide on practical methods of repair. Ability to establish and maintain effective working relationships with the public in making service repairs. 7. Skill in the use of specialized utility tools and a variety of small hand tools. o o Page Three Position Description: Maintenance Worker Department of Public Works DESIRABLE MINIMUM TRAINING AND EXPERIENCE A combination of training and experience substantially equivalent to graduation from high school plus three years of street, sewer or water installation, maintenance and repair work experience. LICENSES AND CERTIFICATES Must be able to obtain a Class D Water Supply System Operator Certificate and a Class S-D Wastewater Treatment Operator Certificate, depending upon the primary area of assignment, or the ability to obtain such certificate within one year after appointment. These certificates are issued by the State of Minnesota, Departm~nt of Health. Must be able to obtain a valid Class B vehicle operator's license issued by the State of Minnesota, Department of Motor Vehicles. PHYSICAL REQUIREMENTS Must be able to meet the physical demands of the work involved. Department Head Effective Date o o W Z U 0 Z -- Vl e>:'" '" ZW WVl W'"' 0.'"' 1-'" '" ZO Oe>: ~:>: e>:o. ~ W ..J '" 0 I- u W '" I- '" W Vl Z ~ W '"' W '" 0 Z '" 0 ZW 0, W ~ - 0 Z 0:>: U Vl <!' :>: W VlW Z '"' Z I- ",Vl e>:'" '" W U Z W ZW 0 ~ ~ 0."" W'"' :>: >- ..J '" 1-'" I- ea W 0'" ZO U ~ :::> 0. e>:W ~:>: ~ u 0. :::> WI- e>: ..J Vl ..Je>: ::E: ea :>: :::> 0. W ..~ r-- e>:'" zw ""'"' 1-'" ZO ~:>: e>: ::E: Z 0 Vl ",Vl - WI- o.W W 0'" e>:1- WVl ..J W U Z e>:'" '-- zw W'"' 1-'" ZO ~:>: ~ o o EXISTING Classification PWI $13.52 = $28,121.60 PWII $10.84 $22,547.20 PWII $10.02 = $20,841.60 PWIII $8.18 $17,014.40 PWIII $7.53 = $15,662.40 PWIII $7.53 $15,662.40 $119,849.60 TOTAL PWII New position $10.00 = $20,800 PROPOSED Classification LM LM LM MW MW MW $14.25 = $29,640 $13.00 = $27,040 $12.75 = $26,520 $10.50 = $21,840 $10.00 = $20,800 $10.00 = $20,800 $146,640** **Budgeted amount $149,064 o l:. o-l o l.') (I) l%l l.') -:: :3 (I) ~ ~ <: P-. I >: H .0 ;;!; l%l P-. P-. <: en ~ ex: o :3 U H o-l <Q ::> P-. 0\ oo 0\ - ~ ~ <:t: 'VI ::x:: I-< Z o :<: '" N ~ W I-< I<. <( (I) I-< Z o :<: '" 0:: l%l I-< I<. < (I) :::: I-< Z Q """ N - p:: W E- I<. <: (I) 1:: z Q ~ '" 0:: 1>J '-' i.- <: ~I 0\ '" '" - "'MN -00\ ..:r~~ -...... '" '" "'oo'" m",,,, M..,M --... '" - C\ - ",MN ",V'\", M"'''' ....- .... '" .... -:t C\ M ..... r-4 ~ ,...... 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III Ql Ql "- OJ 0 >. o Q) -- 0. ..-< E.c ILl ;J: ~ 49 E.(C APPENDIX A \j WAGES A-1. The following wage schedule will be in effect from the first payroll period in 1987 through the last payroll period in 1987: MAINTENANCE III . . . . . . . . . . $ MAINTENANCE II ......... MAINTENANCE I . . . . . . . . . 12.60 per hour 12.10 per hour 8.72 per hour A-2. The following wage schedule will be in effect from the first payroll period in 1988 through the last payroll period in 1988: MAINTENANCE I II MAINTENANCE II MAINTENANCE I . . . . $ 12.79 per hour . . .. 12.28 per hour 8.85 - 9.03* per hour *The actual wage rate will be between $8.85 and $9.03 per hour based on individual City comparable worth considera tions. _____--- " "'- -~ MAINTENANCE I II MAINTENANCE II MAINTENANCE I . $ 12.98 12.46 8.98 - per hour per hour 9.16 per -~---~-...-......... "- '. \ \ \ ) hour/ ---- ,.' A-3. The following wage schedule will be in effect from the first payroll period. in 1989 through the last payroll period in 1989: ''\., -- --- ---"~'- -- "'- . ._-_._.._._-~.._-,-_-.:-.-:-.__.__._-_.~ B. All new employees hired after February 7, 1984 may be classified at the sole discretion of the individual cities covered by this AGREEMENT as MAINTENANCE I and receive Working Out of Classification pay as provided by Section C of this APPENDIX. C. WORKING OUT OF CLASSJFICATION PAY C-1 Employees required by the EMPLOYER and who are adjudged by the EMPLOYER to be qualified to operate the following items of equipment will be paid the MAINTENANCE III rate of pay -for those hours assigned to the unit: (Heavy Equipment items are those as listed in the LOCAL ADDENDUM to this MASTER AGREEMENT.) o -19- '. - ~~ United Power Association ELK RIVER, MINNESOTA 55330-0800 612-441-3121 10 cC 5jZ/S-tj .:JEs 1)z.7/ Jy Philip O. Martin General Manager April 19, 1989 Mr. Richard Newland, General Manager Anoka Electric Cooperative 2022 North Ferry street Anoka, Minnesota 55303 Dear Rick: Confirming our earlier telephone conversation, your recent growth zone applications for the Andover Commercial Park, Riverdale Shopping Center complex, Gaughan Land Development, and Coon Rapids Industrial Park have been approved. I have been advised that these proposals were well prepared and thought through and your staff should be complimented. If you have any other questions, please call. Sincerely, ..-:\':;:'" ~. ~<O \\. ,.' ,e' """> "" .. ~ '-,. /.~ r r'\!'"'lo 7c.,."t\. ~ ; .,~t~j); ~i(j;fl/.~/J ~/ UNITED POWER ASSOCIATION . /,// ~?c/ Philip o. Martin General Manager POM/ de o .. 1l{,DA T.oL TZ. KING, DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101,'893 612/292-4400 FAX 612/292-0083 Apr II 21, 1989 HONORJlBLE MAYOR AND CITY roUNCIL Andover, Minnesota Re: Andover, MInnesota CommIssIon No. 9140-989 Dear Mayor and CouncIl: The followIng are engIneerIng matters dIscussed, and CouncIl actIon taken, for the regular scheduled Andover CIty CouncIl MeetIng held on Tuesday, Apr II 18, 1989. 1. Round Lake John Lawrence, from the east sIde of Round Lake on Round Lake Blvd., asked the CouncIl to explaIn If any measures have been undertaken to lower Round Lake. He had heard several rumors detailIng the DNR, Ken Slyzuk or CIty Involvement In lowerIng the lake level. He noted that the lake was very low and smelly. Mayor EllIng stated that he knew of no one Involved In any lake lowering. He stated he was also concerned about the I ake level. Mr. Rodeberg stated that the water In Dehn's Pond Is approximately 1- 1/2' below the outlet pIpe, and to hIs knowledge no water has gone out of the outl et In allOOst 2 years. CouncIl Action Mayor EllIng noted that the Council has asked the DNR and TKDA to review the situatIon to determine what factors are affecting the lake level. 2. Bruce Hay Sewer Req uest Karl a Wahl, representl ng Mr. Hay, rEquested that the CIty service to Bruce Hay through the Coon Rapids Interceptor. that the Appeals Court ruled that Mr. Hay's property must sewer serv Ice. suppl y sewer She noted be prov I ded o She presented Information from ~~rllla & Associates notIng adequate capacity withIn the Coon Rapids Interceptor Sanitary Sewer System. She rEquested prompt response from the CIty. Council Act I on Mayor EllIng noted that City staff and the consultant would review her handout and respond accordIngly. Honorabl e Mayor and City Council Andover, Minnesota Apr II 21, 1989 It Page 2 3. Creekrldge Estates Mr. Haas described continuing problems regarding the grading of the pi at. He noted that the developer's survey crew ver I f led the proposed grades, and problems seem to be related to builders constructing the wrong type of house, even though It was noted In their development contract. Mayor EI ling and Mr. Schrantz described past actions on the sl te. Several resl dents expressed concerns rei ated to the gradl ng. Mayor EIII ng stated that the two options rev lewed were extendl ng the pipe through the pond, or hauling common borrow onto,the site to even out the grade. The probl em noted was how to assess the cost of the Improvement. Council Action TKDA was authorized to survey the pond and cal cui ate the requl red f III. The staff was asked to approach I nvol ved bull ders to set up a session with hane owners, Ken Gust, the developer, and the City Council to review options. The meeting was set for Tuesday, April 25, 1989. 4. Kensington Estates 4th Addition Mr. Wlndsh It I presented a rev Ised pi at detailing outlots A and B. Mayor Elling described discussions with the E.P.A. Mr. Wlndschltl al so recommended that approval of plans and specifications be tabled Pat th 1st I me. Counc II Act I on The Council approved the rev Ised pi at of Kensl ngton Estates 4th Addition Involving two outlots. The large outlot Is proposed to be replatted to residential lots when the situation regarding the W.D.E. Landf III Is decl ded. The Council al so tabl ed the approval of pi ans and specifications. 5. Crosstown Boul evard Storm Sewer The Council conti nued to rev lew the options for assessl ng storm sewer benefit fran Project 87-3B. Mr. Wlndschltl noted that past Council actions set a precedence for no assessments, and asked If assessments coul d be I ev led so far after project final. Mr. Elling noted that the design of Crosstown Blvd. was based on serving Kensington Estates which resulted In higher costs for the project. Mr. Rodeberg noted how the emergency overf I ow desl gned to protect homes If f I oodl ng occurred required a IC7IIer grade on Crosstown Blvd. resulting In the construction of retaining wal Is. He'also noted that unlike previous unassessed storm sewer areas, storm sewer was constructed In Kensl ngton Estates wh Ich outl etted dl recti y I nto the CrosstOl/ n Blvd. storm sewer, resulting In a cost savings to Kensington Estates. If this storm sewer was not built, substantial additional storm sewer woul d have been req ul red with I n the pi at. o Honorabl e Mayor and City Council Andover, Minnesota Apr II 21, 1989 Page 3 o The Council rev lewed all options prev lousl Y dl scussed and rEquested the complete details of each. Council Act I on The Council continued the discussion until the special meeting on Tuesday, April 25, 1989. TKDA will prepare a memo outlining four options: Option Ai Option B: Option C: Option D: Original County Agreement and Assessment Set-up Original County Agreement with 150' Non-Assessable Area Modtf led Benef It Amount with Full Assessments Modi fled Benef It Amount with 150' Non-Assessabl e Area 6. Jay Street Feaslbll Itv Report Council Action The Council authorized TKDA to prepare a feasibility report for Jay Street from Bunker Lake Blvd. to the Coon Rapids border for complete uti Ilty and street Improvements. 7. Project 88-35A. PI I ot Well. Award Bid Counc II Act I on , Act I on was tabl ed until specl al meetl ng schedul ed for Tuesday, Apr II 25, 1 989. Being no further engineering matters to discuss, the Engineer was excused at approximately 12:00 Midnight. JFR/mha o e CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1989 ITEM NO. Creek ridge Storm Drainage BY: James E. Schrantz AGENDA SECTION NO, ORIGINATING DEPARTMENT Engineering The 1989 Budget, under storm Sewer, has a total budget of $28,702. The funds are mainly for salaries for Public Works for cleaning the storm sewer lines and catch basins. Under Maintenance and Repairs, supplies there is about $2,000 that is planned for existing storm sewers. Ditch maintenance and any similar projects are planned to be assessed. Alternate funding - 1. Require the builders/developers to pay the $5100. 2. 1987 Surplus Funds. 3. Eliminate a budgeted program. COUNCIL ACTION MOTION BY TO SECOND BY 0. 1I",>";O"""'i>"\I", rAe" o nJ ~ .!jY ";;~f,~;~,~:t,,'}1r:"f'1!(i! CITY of ANDOVER Regular City Council Meeting - May 2, 1989 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Continued Board of Review Discussion Items 1. B. Hay Sewer Request 2. Ordinance 8 Amendment/Vehicle Wash in NB 3. Landowski Special Use Permit 4. Benolkin Special Use Permit (Amended) 5. Mining Permit/L. Morrell 6. Strauss Special Use Permit 7. Anoka County Parks Special Use Permit 8. Heidelberger Variance 9. Echo Hill Preliminary Plat 10. Ordinance 8 Amendment/Ext. Storage of Tires 11. Rename Verdin Street 12. Approve Purchase Agreement/Commercial park 13. Comprehensive plan Process staff, Committee, Commission 14. Adopt Resolution/Sanitary Sewer Hookups 15. City Clean-up Day 16. Curbside Recycling 17. Steve Kunde/Oak Wilt Non-Discussion items 18. Red Oaks Manor Final Plat Approval 19. Award Bid/89-4/Red Oaks 6th 20. Award Bid/88-1/Crosstown Bridge 21. Receive Petition/Smith's Green Acres Approval of Claims Adjournment o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO, Approval of Minutes DATE ORIGINATING DEPARTMENT Adrn~n. May 2, 1989 APPROVED FOR AGENDA ITEM NO, BY: V. Volk BY: The City Council is requested to approve the following minutes: April 4, 1989 Regular Meeting April 6, 1989 Special Meeting April 18, 1989 Regular Meeting April 18, 1989 Special Closed Meeting April 18, 1989 HRA Meeting April 27, 1989 Board of Review MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1989 DATE ITEM NO, B. Hay Sewer Request BY: James E. Schrantz AGENDA SECTION NO. ORIGINATING DEPARTMENT Discussion Items Engineering The city Council is requested to order the preparation of the amendment to. the Comprehensive Sanitary Sewer and the comprehensive Plans to include the Hay property within the MUSA boundary and to provide sanitary sewer service. TKDA has reviewed the request and has determined at this time there is capacity in the Coon Rapids Interceptor. They also have looked at the cost of constructing the Coon Rapids Interceptor, and looked at the plan for having the sewer go through the C.A.B. interceptor through the City of Anoka. It seems a lot more feasible to have the sewer go through the C.A.B. interceptor. The C.A.B. is planned to be constructed in the year 1990. City staff has worked with the Metropolitan Waste Control Commission and are trying to determine what the staging of this station and what the staging of the interceptor from Andover where it exists to the lift station may be. I recommend that we talk with Mr. Hay and determine what his schedule is for development. If his scheduling is right, it may be practical to serve the Sonsteby property and the Hay property through the C.A.B. interceptor providing that the Metropolitan Council and the Metropolitan Waste Control Commission will approve those modifications to the plan. Jay Blake has already contacted the Metropolitan Council so that we can start preparing the amendment to the Comprehensive Plan. COUNCIL ACTION MOTION BY TO SECOND BY I/rrh#- to If&;:# / 5/z-/?tj r&DA T-OL TZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUilDING SAINT PAUL, MINNESOTA 55101.1893 612/292,4400 FAX 612/292.0083 April 26, 1989 p~ /Iff Honorable Mayor and City Council Andover, Minnesota Re: Turnberry Estates/Hay Lawsuit Andover, Minnesota Commission No. 9140 Dear Mayor and Council: We have rev lelfed the memorandum to Karl a Wahl prepared by John Johnson of Merlla and Associates, dated April 4, 1989, regarding the above referenced subject. In general, his cal cui atlons appear with In reason. The estimated 1990 selfage flow and the average flow per person may be on the low side, and the "Sunmary of Land Use" was not checked, but unl ess the current Coon Rapl dsl nterceptor Serv Ice Area expands beyond Its current study area, there Is sufficient capacity to serve this area. The nunber of units noted Is almost 130 units less than proposed In January of 1988. It Is assuned a 11ft station will stili be r8:lulred to serve this area. As noted I n our reports of Apr II 17, 1981, and March 26, 1987, we do not feel It Is financially feasible to serve this area fran the Coon Rapids Interceptor. As previously noted, construction and maintenance costs for the 11ft station and forcemaln appear to make the extension of utilities prohibitively expensive. It remains most feasible to extend the CAB Interceptor Into the area. We recommend serving this parcel, and areas north and south of this parcel, through the CAB Interceptor due to the physical barrier created by the wetl ands, as noted I n the current ComprehensI ve Seifer PI an. J ffi :J o @ o 3-1,/, jOPD ::Y~ Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 Off /34.::1( o.p IleA? I :s; oz./ ~ 612 222-8423 Mr. James Schrantz City Engineer/Administrator city of Andover 1685 Crosstown Blvd., N.W. Andover, MN 55304 RIE;~~~~O CITY OF ANDOVER April 24, 1989 Dear Mr. Schrantz: This letter is in response to the concerns that you had raised at the Commission's Implementation Plan hearing held at the city of Coon Rapids on April 12, 1989. In discussing your concerns with my staff, I was informed that Mr. Donald Bluhm has been in contact with you regarding the need for the city to provide sanitary sewer service to both the Hay and the Sonsteby Properties located within the CAB service area of the city. It 'is my understanding that the existing Comprehensive Plan for the city neither includes these areas in the 2000 MUSA boundary nor establishes a timetable for providing sanitary sewer service to these areas. The initial step in the process of providing metropolitan sewer service to the CAB service area of the city, is to amend your comprehensive plan (cp) documenting the needs for service. The Metropolitan Council is the responsible agency to conduct the initial review of this request. It is recommended that you contact Anne Hurlburt, Director of comprehensive Planning at the Metropolitan Council to obtain the proper forms for this amendment. Once the Metropolitan Council has completed its review of the comprehensive plan and found it to be acceptable, the city must amend it's comprehensive sewer plan (csp) showing the extent and schedule of sewer service. The CSP must be submitted for review and receive the approval by the Commission. The Commission staff is available to meet with the city representative to coordinate the review of the CSP with the Metropolitan Council's review of the CP to allow for completion of the approval process in a timely manner. o Once the CSP has been approved showing the need for metropolitan sewer service, a facilities plan will be developed to identify alternatives for service and recommend a facility improvement project. Based on the city's need to provide immediate sanitary sewer service to these areas, it may be necessary for the city to provide interim sanitary sewer service through the Coon Rapids EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER o o Mr. James Schrantz Page Two April 24, 1989 interceptor until a metropolitan improvement in the CAB service area can be made. For this reason, the city should examine this alternative as part of your comprehensive plan amendment. Another alternative may involve the use of available capacity in the Anoka sewer system on an interim basis. To allow the Commission to pursue this alternative it will be necessary for the city to provide information concerning the timing and phasing of the proposed developments. If you have any questions in this regard, please call. Sincerely, . & ~ . __ . t..~ '\ ~~ Edward J. DeLaForest Director of Engineering and Construction EJD:DSB:jle co: G. o. Voss C. R. Payne R. E. Isakson o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1989 DATE ITEM NO, ORLGINAT.ING DEPARTMENT Plannlng ~ Jay Blak~City planner BY: OR AGENDA DSECTION . It NO, lSCUSSlon ems Ordinance 8 Amendment REQUEST The Andover City Council is requested to review the proposed amendment to Ordinance 8 that would allow vehicle wash establishments in a Neighborhood Business District by Special Use Permit and as an accessory use to a service station and retail space. BACKGROUND During the first three months of this year, several developers have approached the City requesting car washes in Neighborhood Business Districts. Currently, they are only allowed in Shopping Center (by Special Use Permit), General Business and Industrial Districts. The Planning and Zoning Commission reviewed the proposal at two separate meetings. The Commission discussed which types of vehicle wash establishments would be appropriate in NB districts, including exterior, wand and automatic car washes. It was generally felt that the large operations (ie. Mega-wash or Typhoon Washes) would not be appropriate in NB Districts. I met with several developers and discussed the proposal. They also felt that small scale car washes were appropriate and that large operations were not appropriate in NB districts. A concern was also raised regarding the high number of NB districts that are "popping up" around town. This issue will most certainly be addressed by the revised Comprehensive Plan. COUNCIL ACTION MOTION BY TO SECOND BY o Page 2 Ordinance 8 Amendment May 2, 1989 STAFF COMMENTS Vehicle wash establishments as a special use in a NB District, accessory to a service station and 2,000 square feet of retail space, would not significantly alter the integrity of the Neighborhood Business District. Nor would the proposed use pose a significant problem for nearby residential areas, at the proposed use would be allowed by Special Use Permit and only as a accessory use to a retail/service center. PLANNING AND ZONING COMMISSION REVIEW The Andover Planning and zoning Commission held a public hearing and there was neighborhood concern from a neighborhood near the Downtown Center. The Planning Commission recommended that vehicle wash establishments would not be an appropriate use in Neighborhood Business Districts because of noise and traffic concerns. See the enclosed minutes. o o "-. o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8 is hereby amended as follows: 3.02 Definitions SECTION 7. USES, (10-6-87) 7.03 Special Uses NB Neighborhood Business Vehicle Wash Establishments as an accessory use with a service station and 2,000 square feet of retail space and with no more than one washing stall. Adopted by the City Council of the City of Andover this day of , 1989. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Seven Ms. Pease asked if double fees would be charged because a permit was not obtained. Mr. Blake stated yes, they could charge double fees. She also asked if the building permit could be issued if the variance granted to bring the building up to specifications. Mr. Blake stated that all the plans and specifications would have to be approved by the building inspector. There would have to be variances for setback of building, a variance that it is a non-conforming building that is being completed and life of the building is being prolonged, and a variance to the fact that he did obtain a building permit. This would allow Mr. Heidelberger to get a building permit after the fact. Mr. Vistad referred to Section 5.04, Variances and Appeals, where it is stated that hardships or difficulties must have to do with the characteristics of the land and not the property owner. Mr. Vistad doesn't feel the hardship, as Mr. Bernard previously stated in his motion, is a consideration in this case. Roll call: Sabel-Yes, Bernard-Yes, Spotts-Yes, Ferris-No, Vistad-No, Pease-Yes. Motion carried. This will go to the City Council on May 2nd. Mr. spotts stated that he would like some of the stipulations to come from Mr. Heidelberger, and not the City Council. Mr. Vistad wanted the following statement included for the record and for the City Council to review: He feels if the City Council passes this, because there are so many gross violations, it would be a true indication of setting a precedent in our community that would make our building requirements, permits and ordinances a total sign of worthlessness. RECESS The Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m. ORDINANCE-S AMENDMENT. VEHICLE WASH ESTABLISHMENTS Mr. Blake explained that this item was a continuation of the discussion regarding the amendment to Ordinance 8 that would allow vehicle wash establishments by Special Use Permit in a Neighborhood (NB) District. o o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Eight He also stated that several questions arose as concerns -- which types of establishments would be appropriate within the NB district, what type/style of wash establishments would be appropriate for the NB district. Mr. Blake added a definition of a vehicle wash establishment that also is the definition used by the City of Minneapolis and under Section 7.03 Special Uses 7.03, added that vehicle wash establishments as an accessory use with a service station and 2,000 square feet of retail space and with no more than one washing stall. Ms. Sabel asked why Mr. Blake determined that two vehicles could fit in the stall -- Mr. Blake commented that one stall was for the wash area and one stall would be for the drying area. Mr. Spotts asked what neighborhood districts in the City could be affected by this proposal and where, in the future, would these NB districts be located. Mr. Blake outlined the areas of the current neighborhood districts -- locations uf SuperAmerica, the Speedy Market, the Meadowcreek Office Building, Hidden Creek outlot, and some are along Hanson Boulevard near Hills of Bunker Lake. Mr. Blake also explained that as the city redoes its Comprehensive Plan, this is.an issue the City will have to address; the City will have to be very protective as to how the City chooses to develop along the major county roads. Mr. Spotts also asked if other communities allowed this type of use in their neighborhood districts -- Mr. Blake stated that yes, they do with special use permits (restricting with number of hours, type of hours, what it has to be accessory to, etc.). Chairman reopened the public hearing. Richard Thompson, car washes in Andover. noisy. ' 3422 134th Avenue, spoke in disapproval of He felt the car washes are too loud and Dale Strassburg, 3422 136th Lane, is also concerned in general of. the NB districts in Andover. He felt that Typhoon Car Wash in Anoka is a single bay establishment, and was concerned that this type of car wash could conceivably fit under the proposed ordinance definitions. Also, he asked if the hours of operation would be limited, and how about the number of employees. Also, he doesn't feel car washes belong in a neighborhood districts as the property values are then affect~d. o c:> Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Nine Mr. Strassburg felt the City has a right to protect the rights of citizens as homeowneFs. He asked how many general business areas are available for building car washes in the City of Andover. Mr. Blake stated that there are three areas of general business in the City -- one is full, and one of the areas will not be developed for another five-ten years. Sharon Widmark, 3501 136th Avenue NW, related the 3.02 definition of the proposed ordinance. She feels the detached car washes are very noisy. She had the feeling that the City was talking about only attached car washes. She wants to go on record saying that she doesn't want car washes at all in established neighborhood businesses, and also the City needs to look at the rights of the landowners. MOTION was made by Commissioner Vistad, seconded by Commissioner Ferris to close the pUblic hearing. Ms. Sabel agrees that the detached car wash would not be appropriate in a neighborhood business district. Also, Ms. Sabel doesn't like the concept of two cars being housed at one time. She wanted it noted that this car wash would be as an accessory use with a service station and 2,000 square feet of retail space. Mr. Ferris was concerned about whether a car wash is appropriate for the neighborhood business area -- he fee\s it should be restricted to the general business areas. Mr. Vis tad stated that the car wash in the neighborhood business area would be as a convenience for the customers using the service station that is already there. He feels that the two vehicles in the stalls would be necessary as one is needed for washing, and one would be needed for the drying bay. MOTION was made by Commissioner Spotts, seconded by Commissioner Vis tad that the Andover Planning and Zoning Commission recommends to the City Council approval of Ordinance 8, as hereby amended, 3.02 Definitions as presented, Section 7 Uses, Subsection 7.03 Special Uses as presented. Discussion: Mr. Bernard asked if the maker would consider deleting the word detached building and just keeping in attached. Mr. Spotts stated that he wanted the wording as he presented it. o Mr. vistad stated this is not a stamped approval of the process, but that each case would have to come before the city in the form of aSking for a special use permit. o Andover Planning and zoning commission April 11, 1989 Page Ten Roll call: Bernard-no, spotts-no, Ferris-no, Pease-no, Vistad-yes, Sabel-no. Motion fails. This item will be forwarded to the City Council with a negative recommendation on May 2nd. PUBLIC HEARING. ECHO HILL Mr. Haas stated that the Planning Commission review and the preliminary plat requested by Mr. Robert Heliker. Mr. Haas explained that the proposed preliminary plat is currently zoned R-1, single family rural, minimum area of 2.5 acre lots. Mr. Haas commented that many variances from the ordinance would be required to approve this preliminary plat -- lots 1-5 of Block 1, Phase 1 would require variances as they front on arterial streets, lots 1 and 4 of Block 1 in Phase II do not meet the requirement of 300 feet at the building setback line and would need variances, and in Phase II, an existing pole barn and two existing garages are located in front of the existing home and would require variances. Chairman Pease opened the public hearing. Mr. Jeff Kane, surveyor for Mr. Heliker, stated he's brought in a number of plats that have had less than 300 feet frontage in a cul-de-sac, and almost every time they've been approved. Although Mr. He1iker is willing to extend the road to the property line, that would make the lot undersized, and feels this is a hardship. The City staff disagrees that this is a hardship. Mr. vistad asked why on Lot 4 went into Lot 3 at an angle, rather than running it straight back. Mr. Kane stated that Mr. Heliker it would be a very nice building site to overlook the valley. MOTION was made by Commissioner Sabel, seconded by Commissioner Bernard to close the public hearing. Mr. Ferris expressed his view that he would have trouble approving the plat, knowing that there were so many variances that would be needed. o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1989 DATE AGENDAD~~%Ug~ion Items NO, 3. ITEM ,- ,- ~ ,eLL Use Permit NO, OPl~~~I~~~DEPARTMENT Jay Blake City Planner BY: ~~::~E~OR BY: I '(J0 11 REQUEST The Andover City Council is asked to review the request of Laurel Landowski (dba Merrymaids Inc.) to allow a business operation in an R-4 single family residential district. Ordinance 8, Section 5.03 allows the City to grant Special Use Permits to uses that are similar in nature to uses listed in Section 7. While not specifically listed, home cleaning businesses could be considered similar to other service operations allowed in a residential district. GENERAL REVIEW Merrymaids Inc. is a home cleaning business currently being run form an accessory garage at 13857 NW Underclift Street. The operation has existed on this site for roughly 2 1/2 years and employs 18-20 people. On March 15, 1989, the Andover Deputy cited the business for violating several sections of the Zoning Ordinance, including: Section 3. - Definition of a Home Occupation Section 4.05 - Illegal Use of an Accessory Building Section 4.30 - Home Occupation Criteria Section 6. - Residential District Uses Section 7. - Permitted Uses Section 8.08 - Illegal Parking Section 9. - Illegal Completion of an Accessory Building without a Building Permit Initial complaints about the business were received by City Hall in 1987 and no follow-up was taken at that time. One significant problem area exists: the business does not meet the criteria of a Home Occupation. c MOTION BY TO COUNCIL ACTION SECOND BY o Page 2 Landowski SUP May 2, 1989 The Zoning Ordinance allows individuals to operate a business from their home if the following criteria are met: A) The business must be totally within the principal structure, B) The business is limited to professional offices, minor repair services, photo or art studios, dressmaking, teaching or similar uses and C) There can be no more than three additional parking spaces needed for the operation of the business. First, the business is currently being operated from an accessory structure. The garage was finished off and no building permit was obtained to complete the renovation. Secondly, there are 18-20 employees and parking is a problem in the morning hours. The operation as it currently exists cannot be a home occupation. In order to meet the criteria of a home occupation, the applicant has discussed the possibility of moving the operation into the principal structure and only using the accessory building as a storage building. The parking criteria cannot adequately be met with the number of employees at this site. REVIEW CRITERIA Section 5.03 of Ordinance 8 outlines the criteria to use in order to determine the acceptability of a Special Use Permit, including, "the effect of the proposed use upon the health, safety, morals, and the general welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions on adjacent streets, including parking facilities, and the effect on values of property and scenic views and the effect on the Comprehensive Plan." The review criteria should be examined carefully: 1) The effect of the proposed use on the health, safety, morals and the general welfare of the community. While the mere presence of a home cleaning operation in a residential district may not present a health, safety or moral dilemma for the neighbors, the intense use of the accessory structure sets a dangerous precedent by allowing a business operation to be run from an accessory building. on ad"acent The anticipated traffic from the property presents a problem between the hours of 8:00 a.m. and 10:00 a.m. when all of the employees report for work and receive assignments for the day. Staff has witnessed on several occasions on-street parking etc. Adequate parking facilities are not provided on the property. o Page 3 Landowski SUP c:> May 2, 1989 3) The effect on values of property and scenic views in the surrounding area. The operation of a business from an accessory building and at the intensity of this proposal, would have a detrimental effect on the property values of surrounding properties. As the business is not operated from the home and employs 18-20 individuals, the intensity of the use is greater than a home occupation and should be treated as a commercial use in a residential district. As a commercial use within a residential district, this proposal would undoubtedly have a negative effect on property values in the neighborhood. 4) The effect on the Comprehensive Plan. The Andover Comprehensive Plan and Development Framework outlines major policy objectives for commercial development within the City. One of the major concerns of the Comprehensive Plan is the transition between commercial uses and residential districts. The placement of an intense commercial use in the middle of a residential district would not be in keeping with the Comprehensive Plan. COMMISSION OPTIONS 1. The Andover City Council may approve the Special Use Permit requested by Laurel Landowski for the operation of a business in a residential district. The business shall meet all criteria outlined in Section 5.30 of Ordinance 8 for the operation of a Home Occupation including but not limited to: A) The operation shall be conducted from the principal structure and no business shall be conducted from the accessory structure. o B) There shall be parking provided for no more than three employees at anyone time. A parking plan shall be submitted and approved by the City. C) The applicant shall obtain all necessary building pe~mits to remodel the accessory structure back to its original use-garage and storage. No business can be conducted from the garage. D) The Special Use Permit shall be reviewed in six (6) months to establish if the operation is in compliance with all City Ordinances. An annual review will occur after the initial inspection. o Page 4 Landowski SUP May 2, 1989 2. The Andover City Council may deny the Special Use Permit requested by Laurel Landowski for the operation of a business in a residential district. The Commission finds the following facts in making this determination: A) The current operation is an illegal business within an R-4 Single Family residential district. B) The business is being conducted from an accessory structure. C) The operation does not meet the criteria of a Home Occupation. D) The accessory building was altered without first obtaining the appropriate building permits. E) Adequate parking is not provided on the property. F) The current use is too intense for the property. The Council also finds that the criteria for granting a Special Use Permit is not met by this proposal, including: 1) A negative effect on the welfare of the neighborhood, 2) Parking and congestion problems on the property, 3) A negative impact on property values in the area and 4) Non-compliance with the City's Comprehensive Plan. 3. The Andover City Council may table this item. STAFF RECOMMENDATION Because of significant Ordinance violations, staff recommends Option ~2 (Denial). PLANNING AND ZONING COMMISSION RECOMMENDATION The Andover Planning and Zoning Commission reviewed the proposal and held a public hearing on this item. There was no significant opposition to the proposal. The Planning Commission recommended that the Special Use Permit be issued with the following conditions: 1. The operation be moved from the accessory structure to the principle structure. o 2. A parking plan will be worked out with the City Planner. 3. The Permit will be reviewed in six months and annually after that to ensure compliance with the City Ordinances. '.:1 ',' sup'lt ' CITY of ANDOVER ,,1685 CROSSTOWN BLVD. N.W. ANDOVER, MINNESOTA 55304 " , ';.:'.' .' ~ .' ,..' , +" SPECIAL USE PERMIT 'REQUEST FQRM . .' ,'I" ,~ ":,,.' \' . property Address /3357 tLndLre.li,p~;;' ~';' {'\ ',I. 1::;1.:'::..,.;1,:'" .'.j,' .~ . ' ; , ;!l; ...:;. 51teii:;'NW Legal Description of property: (Fill 'i,n whichever is appropriate) ';:."1) ; .~, " . \f:;:' Lot Block Addition 3~ - 3:2 ~ ~;f -~~ tJtf;L7 plat Parcel PIN (If metes and bounds, attach the complete legal) Rea,son for Request ,~ t/~ ~.....t.(.~ ~ ~ l1Uf ~{,(- &Le'l-4( ./~~1 4tfj ~-'" tI' L4?f /?Lj~ '~. . A-U4C-4~' " < ; .... ~~i . ','1 Section of Ordinance Current zoning' I \... . ********************************************************************** LI7U/ZEL L/lIVD(JLJS/::l- Address "/3157 Lindk-rel,It-~.; , ::::a::::e ~~-,(~~~ne Date Name, of Applicant L/r!?7- CJ53/ 3/;'<7/%C( I ********************************************************************** property Owner (Fee Owner) (If different from above) Address s~ as - /"".." '; ah? b1.J-I? '; i - ~ , Home phone Business phone Signature , Date, - **********************************************~*********************** /Attach a scaled drawing of the property, and structures affected showing: scale and north arrow; dimensions of the property and O structures; front, side and rear yard building setbacks; adjacent I, streets; and location and use of existing structures within 100 feet. \ ' . I . ,. . "-- ' '! ' ' /The names and addresses of all property owners within 350, feet of the / subject property must also be provided~,' Application Fee: $150.00 Filinq Fee: $10.00 Date Paid 3/2.1 Receipt It 66 J 10 111~i!:\S ,.....' . ~);i',: '.,.... ,. :;'.: .'. .,'j.' , " f' " .. :./'>' . ,'." . ":'1 .-.-....,.,.,..... ~'::::::""" . " _ I I I I I I I 1 : ; ; ; " : : : : : i--. ,. . - . I I I I .,... I I . 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[[( 0 . .. - 'I - . - ..- I , I \'- .'-'-- .---......- .. --- ..~ 1::11-'10 gegg ~~t-'I t'll>l ~' ~o '" :J>Ol>l b"'~ en . en": gj~~ :J>t'lVJ ~~ g H . Z 0 CO) 0 O .,",,'""~" Vrn"':~'~ L \)'\) ll.,-;- ,.,fl '~~.~.".:f CITY of ANDOVER , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, April 11, 1989 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to hear the request of Laurel Landowski for a Special Use Permit to allow a business operation in a Residential District. The business would be located at 13857 NW Underclift st. Written and verbal comments will be received at that time and location. ',,- "~'kh vic ~ volk, city Clerk o ~ aniel Melander 3852 Round Lake Blvd. ndover, MN 55304 o .' Llael Koski 3827 underclift st. ndover, MN 55304 andra Sanderson 707 - 139th Avenue ndover, MN 55304 onald Bruss 694 - 139th Avenue ndover, MN 55304 arl & Nancy Haugland 3689 - 138th Lane ndover, MN 55304 Warren Lindberg 3, . '\ - 139th Lane M-.0ver, MN' 55304 Curtis Trebby 3703 - 139th Lane Andover, MN 55304 Leonard Parker 3640 - 139th Lane Andover, MN 55304 Paul Hollingsworth 13967 Tulip street Andover, MN 55304, o \- .' Bruce & Shirley Juhl 13844 Round Lake Blvd. Andover, MN 55304 Terry & Sandy Rush 13835 Underclift st. Andover, MN 55304 Daniel stout 3720 - l39th Avenue Andover, MN 55304 Donald Ekberg 3693 - 139th Avenue Andover, MN 55304 She1ia & Steve Bolduc 3705 - 138th Lane Andover, MN 55304 Carla McCoy 3692 - 139th Lane Andover, MN 55304 Ronald Sewald 3649 - 139th Lane Andover, MN 55304 David Burnett 3654 - 139th Lane Andover, MN 55304 Steven Patchen 13961 Tulip Street Andover, MN 55304 Gerald Priddy 13828 Round Lake Blvd. Andover, MN 55304 Janice Frion 13845 Underclift st. Andover, MN 55304 K. Custer & D. Dahlgren 3708 - 139th Avenue Andover, MN 55304 James McAllister 3719 - 139th Avenue Andover, MN 55304 David Trapp' 3718 - 139th Lane Andover, MN 55304 Scott Thompson 3691 - 139th Lane Andover, MN 55304 Cory Kinneberg 3667 - 139th Lane Andover, MN 55304 Elmer Roos 3666 - 139th Lane Andover, MN 55304 " . lit o L i ~ ~o . . '.1-;.;'.:, ( .:,,' ".;;; 'J) RECEIVED OF $ 1&0 ~ aureL dtnVsk..; FOR 11 !i'\, -:zA11A..A-" ;(\ '~ :~ l\~.. \1~ ";~ '''"' :,1: ,j ,. ,'\ ." 1. " ..),~.. ~b" ;i. .~:~~ '~j "'1' ,~\ .J,l. "\ ,,'V'~ . ,', ..ijf.,'- \,..>:J1 :~t~; ,.';! !' ',Ii f ';-' -i'; CODE AMOUNT GENERAL 19 P"LATrAK'Tt!tMOO"1k _U.'"... P"ONM..IHC... H No. . 30310 ;' o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Seventeen , ' Mr. Vistad wanted the following statement added to his motion: For the operation of a mail order or phone-in four-wheel drive parts business and retail of new tires. The seconder agreed with this addition. Mr. Ferris thought that the wording about retail of new tires should not be included. Mr. Vistad agreed that it would be okay to delete that part of the statement (retail of new tires) in the motion so that it would read: For the operation of a mail order or phone-in four-wheel drive parts business. Mr. spotts asked how the new owners would repair/clean up the outside of the building. Mr. Blake stated that the City is working with the owners with some planning/signage/etc. All voted yes. Motion carried. This item will go to the City Council on May 2nd. PUBLIC HEARING: SPECIAL USE PERMIT: MERRYMAIDS. BUSINESS OPERATION IN RESIDENTIAL DISTRICT Mr. Blake reviewed the request for a Special Use Permit by Laurel Landowski to allow the operation of a home cleaning business in an R-4 single family residential district, section 7.03. Mr. Blake explained that the home cleaning business is currently being run from an accessory garage at 13857 NW Underclift Street, and the operation has existed for approximately 2-1/2 years and employs 18-20 people. The Andover Deputy had cited the business for violating several sections of the Zoning Ordinance. In addition to those violations, Mr. Blake stated that the significant problem was that the business does not meet the criteria of a Home Occupation and the fact that the business is being operated from an accessory structure. Chairman Pease opened the pUblic hearing. o Mr. Vistad stated that if this business was a minor repair service, there may be 18 clients in one day coming to that house. Mr. Blake stated that the similar use was not as much of an issue, but the issue was that the business was run from the accessory building, and it was remodeled without a ~~~cial UGe permit. t>lMld,,, 6 o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Eighteen Mr. Vistad then asked if the employees were to receive their daily assignments from the actual home, would it then still be a problem. Mr. Blake stated that this would alleviate a lot of the problem. Laurel Landowski stated that she is the owner and purchased the franchise six years ago. She also explained that people come to the office at 7:45 a.m. and disperse at 8:10. She also mentioned that her property is uniquely set up to accommodate the employee vehicles that remain there during the day on her large driveway. The employees do return at the end of the day to return the equipment. Mr. Vistad asked storage of equipment. accessory building is telephone there. if the accessory building was used for Ms. Landowski replied that yes, the used for this purpose and also there is the Ms. Landowski stated that there is no customer contact at her site and that all the sales are made over the phone. She also explained that since she had been notified that there was a problem with the on-street parking, that it has been eliminated, with the exception for half an hour in the mornings, there are 2- 3 cars on the street. Ms. Landowski stated she has heard no complaints from the neighbors. Also there were written statements from Bruce and Shirley Juhl (neighbors) which stated that they have no objections whatsoever to the continued operation of the business. Also a written statement was submitted by Carla McCoy indicating that she lives across the street from Ms. Landowski and that there is no extra noise/traffic problems associated with her business. A third written statement was received by Mr. David Burnett who lives at 3654 139th Lane NW asking that there be no on-street parking due to the number of bicyclists and pedestrians in the area and also that he was in favor of Ms. Landowski getting her permit. Mr. Vistad felt that to include this type of business as a home occupation might be a proper solution, thus not requiring a special use permit. o Mr. Blake stated that the ordinance would have to be amended first. Mr. Vistad agreed to this, stating that he didn't think this type of home business would create any traffic problems. o Andover Planning and Zoning commission April 11, 1989 Meeting Minutes Page Nineteen Ms. Sabel asked how are businesses such as daycares and Amway classified. Jay Blake stated that they are considered home occupations if they're operated out of the home and they fit under the "similar uses" category. Mr. Bernard asked if Ms. Landowski ran the business out of her home, would that solve the problem. Mr. Blake stated that would solve the biggest problem with this situation, and he felt that he could work with Ms. Landowski to alleviate the on-street parking situation. Ms. Landowski asked if she moves her telephone from her accessory structure to the kitchen in her home, that would be technically running her business from her home. The Commission agreed that this would, in effect, allow her to run her business from her home. Ms. Pease asked about the equipment being stored in the garage structure. Mr. Blake related that the equipment being stored in the garage would not be a problem. Mr. Ferris asked if Ms. Landowski's business is growing to the point where there might be 30+ employees in the near future. Ms. Landowski reported that her business has leveled off since last year, and she doesn't anticipate any tremendous growth. Mr. Vis tad stated that he didn't feel a special use permit was necessary. Mr. Blake recommended that the Commission should still go through the permit process and have a waiver of the three additional parking spaces. Mr. Ferris asked if the item 1) C in the recommendation for approval would need to be accomplished -- having the applicant obtain building permits to remodel the accessory structure back to its original use as garage and storage. Mr. Blake stated that he could probably work with the applicant on this item and that his concern was that no business is conducted out of this building. Mr. ?potts questioned the applicant what restore the garage to its original structure. the overhead garage door was affixed shut. it would take to She stated that o Mr. spotts asked the applicant how many vehicles in general are left on the premises each day. Ms. Landowski stated that Monday-Wednesday, approximately 3-6 employee cars are parked in her driveway from 8:00 a.m. - 4:00 p.m.; on Thursday and Friday abciut nine cars are parked from 8:00 a.m. - 4:00 p.m. o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Twenty MOTION was made by Commissioner Sabel, seconded by Commissioner Vistad to close the public hearing. All voted yes. Motion carried. MOTION was made by Commissioner Sabel, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested by Laurel Landowski with the stipulations listed in Option 1 provided by staff which include: , A) That the operation shall be conducted from the principal structure and no business shall be conducted from the accessory structure. B) The parking plan to be worked out with the City Planner. C) The Special Use Permit shall be reviewed in six months to establish if the operation is in compliance with all City Ordinances. An annual review will occur after the initial inspection. Discussion: It was recommended to include in the motion that a public hearing was held, and letters of support were entered into the public record. The maker of the motion and the seconder agreed to this addition. All votes yes. Motion carried. PUBLIC HEARING: SPECIAL USE PERMIT. ANOKA COUNTY PARKS DEPARTMENT This permit request, described by Mr. Blake, is to allow the construction of a public utility structure in a Residential District, as required by Ordinance 8, Section 7.03 Chairman Pease opened the public hearing. Mr. Dave Torgelson, Director of the Parks and Recreation for Anoka County, reviewed the proposal to construct a storage building (36' x 104') on the property located at 1350 NW Bunker Lake Boulevard. He stated that the equipment sits outside, and that they needed this storage building to protect the equipment. o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -89 A RESOLUTION APPROVING THE REQUEST OF THE LAUREL LANDOWSKI TO ALLOW THE OPERATION OF A HOME CLEANING BUSINESS IN A R-4 SINGLE FAMILY RESIDENTIAL DISTRICT, ON PROPERTY LOCATED AT 13857 NW UNDERCLIFT STREET. WHEREAS, Laurel Landowski has requested a Special Use Permit to allow the operation of the home cleaning business from her residence at 13857 NW Underclift Street, and WHEREAS, the Andover Planning and Zoning Commission reviewed the proposal at their April 11, 1989 meeting, and WHEREAS, the Andover Planning and Zoning Commission held a public hearing, no opposition was heard and three letters of support were received from neighbors, and WHEREAS, the Andover Planning and Zoning Commission believes that this use, while not specifically noted as an allowed use, is similar in nature to other home occupations allowed in a residential districts, and WHEREAS, the proposed use would have no significant negative impact on the health, safety, morals and general welfare of the community, and WHEREAS, The proposed use would have no significant negative impact on traffic or parking conditions in the area, and WHEREAS, the proposed use would have no significant negative impact on the values of property or scenic views in the area, and WHEREAS, the proposed use would have, no significant negative impact on the Andover Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover approve the request of Laurel Landowski for a Special Use Permit to allow the operation of a home cleaning business in a Residential District, as required by Ordinance 8, Section 7.03, with the following conditions placed on the operation: A. The business operation be moved from the accessory structure to the principle structure, per Ordinance 8, Section 4.30. o B. A parking plan be developed and approved by the City of Andover. o o Page 2 Landowski Special Use Permit May 2, 1989 C. The permit shall be subject to a six (6) month review and an annual review after that time to ensure compliance with City Ordinances. Adopted by the City Council of the City of Andover this 2nd day of May, 1989. CITY OF ANDOVER ATTEST: Michael Knight, Acting Mayor Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1989 Discussion Items Engineering ,,1 'I(c OR AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO, . Benolkin Special Use Permit (amended) BY: Todd J. Haas The City Council is requested to review and approve the amended Special Use Permit as requested by Jim Benolkin for mining at 16040 University Avenue. The reason that this permit is back for the Council to review is that Mr. Benolkin specifically, at the time of the original Special Use Permit, asked for only 6 months to complete the site work. Mr. Benolkin did not complete the work within the six month period and is asking for the amended Special Use Permit for 1 year with an annual review. Attached is the application, public hearing notice, list of property owners within 350 feet, the resolution for the special use permit, and the diagram showing the area to be excavated. It is recommended the same rules apply as indicated on the resolution approved by the City Council on May 3, 1988. Also attached is a resolution amending the special use permit. The Planning and Zoning Commission has reviewed the application and recommends approval. Attached are the minutes of the Public Hearing. MOTION BY TO COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT REQUESTED BY JAMES W. BENOLKIN TO MINE SOIL FROM 16040 UNIVERSITY AVENUE NW. WHEREAS, pursuant to published and mailed notice, the Planning and zoning Commission has conducted a public hearing and reviewed the request of James W. Benolkin to mine soil from the property at 16040 University Avenue NW; and WHEREAS, the amended Special Use permit has been reviewed by the City Engineer; and WHEREAS, as a result of such hearing and review, the Planning and zoning Commission recommended to the city Council approval of a Special Use Permit requested by james W. Benolkin to mine soil at the property located at 16040 University Avenue NW. WHEREAS, the city Council is in agreement with the recommendation of the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit for James W. Benolkin for a period of 1 year with an annual review with the following conditions: 1. Safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders and snowmobilers, etc; 2. Signs be placed on both sides of the access of the property for any county or city street acting as a haul road indicating trucks hauling; 3. The amount of material to be hauled be limited to 2,000 cubic yards; 4. The haul road will be University Avenue to 157th Avenue and the vehicles used in the hauling operation do not exceed single axle 6 yard dump trucks; 5. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 4:00 P.M.; 6. watering the roadway to control dust at dry times. Adopted by the City Council of the City of Andover this day of , 19 CITY OF ANDOVER o ATTEST: Michael Knight Acting Mayor Victoria Volk - City Clerk o Andover Planning and zoning Commission April 11, 1989 Meeting Minutes Page Fourteen Safety precautions are to be taken at the end of each working day to prevent injury to playing children, bike riders, snowmobilers, etc. The applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed and/or vegetation or brush to establish erosion control. The applicant shall provide the City of Andover with a security bond to hold the City harmless against road damage and for restoration of the site as determined by the City Engineer. signs are to be placed on both sides of the driveway (haul road) indicating trucks hauling. Hauling of material is Monday through Friday, 7:00.a.m. to 7:00 p.m. and Saturdays 8:00 a.m. to 4:00 p.m. It is recommended by City Staff that Mr. Morrell be in contact with the various governmental agencies to obtain the necessary permits and issuing a copy of such to the City for their files. The maximum amount of cubic yardage would be 30,000, with an annual review for the special use permit. This approval of the mining permit is in reference to Ordinance 8, section 4.24. All voted yes. Motion carried unanimously. This will go to the City Council on May 2nd. * PUBLIC HEARING: BENOLKIN. AMENDED SPECIAL USE PERMIT Mr. Haas presented this agenda item, explaining that this was a request by Jim Benolkin for mining at 16040 University Avenue. The reason, Todd stated, this permit is back for review is that the original Special Use Permit asked for only six months to complete the work. As Mr. Benolkin did not complete the worle in six months, he is asking for an amended special Use Permit for one year, with an annual review. Chairman Pease opened the public hearing. o o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Fifteen Mr. Bernard asked why this was being brought before the Commission. Mr. Haas explained that Mr. Benolkin thought the job could be completed within six months, and because it was not, a review was required by the Planning Commission for an extension on the Special Use Permit. MOTION was made by Commissioner Vistad, seconded by Commissioner Sabel to close the pUblic hearing. All voted yes. Motion carried. MOTION was made by Commissioner Vistad, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council approval of the extended Special Use Permit for one year with annual review requested by Mr. Benolkin, at 16040 University Avenue. All previous requirements are to continue on this extension of the Special Use Permit No. R-074-88. A public hearing held, and there was no opposition. No discussion. All voted yes. Motion carried. PUBLIC HEARING: STRAUSS, SPECIAL USE PERMIT. RETAIL SALES IN AN INDUSTRIAL DISTRICT Mr. Blake stated that this is a request for a special use permit by Michael Strauss to allow retail trade and sales in an Industrial District (pursuant to Ordinance 8, Section 7.03). Mr. Strauss proposes to lease a portion of the building (currently known as Andover Tire Town) located at 13650 NW Hanson Boulevard to operate a mail order or phone-in four-wheel drive parts business. Mr. Blake reviewed the four items of criteria for the Planning Commission to evaluate this proposal. He found that there will not be any detrimental effect on the health, safety, morals and general welfare of the community; that the proposed use should not have a detrimental effect on the traffic or parking congestion on the property; that the proposal will not have a negative effect on the property values; and that the proposal meets policy objectives in the Comprehensive Plan. o Chairman Pease opened the public hearing. MOTION was made by Commissioner spotts, seconded by Commissioner Vistad to close the public hearing. CITY of ANDOVER ~ . ;1685 CROSSTOWN BLVD. N.W. ANDOVER, MINNESOTA 55304 SUP i o4t A mend e.d SPECIAL USE PERMIT REQUEST FORM Property Address l~o40 ()..rW'~t"5'-fy AI/t!., Legal Description of property: (Fill in whichever 'is appropriate) Lot Block Addition plat parcel PIN ,-;,- '3'2.-'2.14 - &4, - /)OQ> (If metes and bounds, attach the complete legal) Reason for Request Section of Ordinance Current zoning R-' ~,~'e. Fo.Mil'Y e",(Q,( ********************************************************************** Name. of Applicant JJ m .!le;./oLf! /tJ {j /0.), t.l6" f S i fy A t/~ . I I ;)5: Busi ,- **************************** **************************************** signature //-V.i)QI/C"fL fJ1A.i s-.s-31 Address Home phone ne Date 3/~ /f c; I property Owner (Fee Owner) (If different from above) Address Home phone Business phone Signature Date ********************************************************************** Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and Ostructures; front, side and rear yard building setbacks; adjacent streets; and ,location and use of existing structures, within 100 feet~ ~'< :. all property owners within 350 teet of be provided. . ..~. the The names and addresses of subject property must also ~S": 00 Application Fee: $t: "' ", .:.~ '-~ ".' !,..... Date Paid Receipt i Filing Fee: $10.00 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City of Andover Planning and zoning Commission will hold a public hearing at 7:30 P.M., Tuesday, April 11, 1989 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to consider the request of James Benolkin for an Amended Special Use Permit to mine dirt from the property described approximately as the North 1/2 of the North 1/2 of NE 1/4 of the SE 1/4 of Section 13, Township 32, Range 24, Anoka County, Minnesota. All opponents and proponents of said amended special use permit will be heard at the above time and location. ~k Victoria Volk - City Clerk o JbMES DENOLKIN MINING PERMIT PROPER'l'Y OWNERS Will. & Sachiko brzdorf 16035 University Bxt. N.E. 1Iam Lake, MN 55304 Dick Gregor Route 3, BoX 274 North Branch, MN 55056 Frederick & patricia Brett 230 Constance Boulevard N.W. bndover, MN 55304 - C. 11. ~ Rebecca Orttel 15921 university nvenue N.W. bndover, MN 55304 Robert Rundle 198 constance Boulevard bndover, MN 55304 Pat & Kathleen Dobrava l6120 University bvenue N.W. bndover, MN 55304 David & Loretta sunderland 260 constance Boulevard N.W. bndover, MN 55304 Michael & Carol Johnson 16080 University bvenue N.W. bndover, MN 55304 Jack & Lois Fritz 15974 University ~venue N.W. bndover, MN 55304 o , , , -0 .!,,; ,r' ~ I;": ....-:. . . . . ;.i'~"';: ,.;. ,", ,~,:" !" ;.\., ,~~:~:"':T" t 'i::.:,,:',:;-I;:~' "; ,';:" ".. ",:' "......"..', . ~.,,:..d '\1..'" 0," ", .,\',. ," .', . .",.' ",.i...,1 ":';',', ,I ,~ .,,'11:"" .'.I'j,\'.'l"""" ~'" ..... ,.- '~:;7~,i':: .: . ;,;' :.~~!,,:/n~' ' . "':, ....' . ,.,1,... "1\ I, .' :~i,I,:.! 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I' I ~ :....---- ..") ':>L- .. - ~,~'<," ~; Iltll" - - ,,')''W- " .tP.5\l1 DT. r.;......"j LL .a:.~~.. ~~ t;.... l- o'~ ill.. ,'h..")~"! , ... ~ ~, ;- ~(,-' ..... . a., .... i lo 0 \Sa It' ." . <\J 1. :J: U 1- o >- ,- :z ::> o u \.0 _.__..".....".,..........'..-...._..".._...~_.-.. .. . .... o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R074-88 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUESTED BY JAMES W. BENOLKIN TO MINE SOIL FROM 16040 UNIVERSITY AVENUE NW. WHEREAS, pursuant to published and mailed notice, the Planning and Zoning Commission has conducted a public hearing and reviewed the request of James W. Benolkin to mine soil from the property at 16040 University Avenue NW; and WHEREAS, the Special Use Permit has been reviewed by the City Engineer and there was no opposition; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission recommended to the Ci.t.y-council approval of a special Use Permit requested by James W. Benolkin to mine soil at the property located at 16040 University Avenu~NW. WHEREAS, the City Council is in agreement with the recommendation of the Planning and zoning Commission~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit for James W. Benolkin for a period of six months with the following conditions: 1. safety precaution? be taken at the end of each working day to prevent injury to playing children, bike riders and snowmobilers, etc; '2. The applicant will provide the City with a security bond to hold harmless against road damage and for restoration of the site; 3. Signs be placed on both sides of the access of the property for any county or city street acting as a haul road indicating trucks hauling; 4. The amount of material to be hauled be limited to 2,000 cubic yards; 5. Copies of letters from the Coon Creek watershed Board and the Corps of Engineers; 6. The haul road will be University Avenue to 157th Avenue and the vehicles used in the hauling operation do not exceed single axle 6 yard dump trucks; 7. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 ~.M. and Saturdays, 8:00 A.M. until 4:00 P.M.; 8. watering the roadway to control dust at dry times. Adopted by the City Council of the City of Andover this 3rd day of May , 19~. CITY OF ANDOVER .0 /.(-+- /-#/, l~~~-" r.,.~-c.~' Victoria volk - City Clerk '~ ; . ./,.'., - Y (...~~.....-.:~.I j~rry Windschitl - Mayor ATTEST: o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT May 2, 1989 Discussion Items Engineering ,('5~ ITEM NO. . Mining Permit/ L. Morrell BY: Todd J. Haas The city staff has reviewed the application and their comments are as follows: a. safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders and snowmobilers, etc. b. The applicant shall provide the city of Andover with a security bond to hold the city harmless against road damage and for restoration of the site as determined by city Engineer. c. Signs to be placed on both sides of the driveways at 16th Avenue NW and Verdin Street. d. The applicant is requested to make reasonable use of the property without altering the topography greatly. MOTION BY TO COUNCIL ACTION SECOND BY o o Page Two Mining Permit/L. Morrell May 2, 1989 e. watering the roadway to control dust at dry times. f. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. to 4:00 P.M. g. The applicant is required to restore the banks ~f the mined area after the area has been excavated using an approved topsoil, seed, and/or vegetation or brush to establish erosion control. h. Obtaining all necessary permits from the DNR, U.S. Army Corps of Engineers, the Watershed Organization, and any other agency which may be interested in the site. i. The applicant is proposing to mine the area in yellow over the next few years. See attached drawing. The area in blue has been excavated. NOTE: Mr. Morrell will be in contact with the u.s. Army Corps of Engineers and the Department of Natural Resources about obtaining the necessary permits. Staff recommends approval of the Special Use Permit. The Planning and zoning Commission has reviewed the application of Mr. Morrell and recommends approval. All voted yes. . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUESTED BY LARRY MORRELL TO MINE SOIL FROM THE PROPERTY AT 1850 - 167TH AVENUE NW AS REQUIRED PER ORDINANCE 8 SECTION 4.24. WHEREAS, pursuant to published anq mailed notice, the Planning and Zoning Commission has conducted a public hearing and reviewed the request of Larry Morrell to mine soil from the property at 1850 - 167th Avenue NW; and WHEREAS, the Special Use permit has been reviewed by the City Engineer; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit for Larry Morrell with the following conditions: 1. Safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders and snowmobilers, etc; 2. The applicant shall provide the City with a security bond to hold harmless against road damage and for restoration of the site as determined by City Engineer. 3. Signs be placed on both sides of any of the driveways at 167th Avenue NW and Verdin Street; 4. The applicant is requested to make reasonable use of the property without altering the topography greatly. 5. watering the roadway to control dust at dry times. 6. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and saturdays, 8:00 A.M. until 4:00 P.M.; 7. The applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed, and/or vegetation or brush to establish erosion control. 8. Obtaining all necessary permits from the DNR, U.S. Army Corps of Engineers, the Watershed Organization, and any other agency which may be interested in the site. Adopted by the City Council of the City of Andover this day of , 19 CITY OF ANDOVER 0 ATTEST: Michael Knight Acting Mayor Victoria Volk - City Clerk o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Twelve Jay Blake reported that the city of Coon Rapids sent a notice and will hold a hearing.tomorrow night regarding the preliminary plat in the Maxwell Estates. One of the items to be discussed is the alignment of Hummingbird street. Mr. Blake also stated that there may need to be a variance for lot depth of lot 11 located on the west side of the proposed Hummingbird street because a hardship has been created with Hummingbird street located on the Coon Rapids side of 133rd Avenue. Mr. Vistad asked if it would be possible to propose to Coon Rapids to move Hummingbird street over a little bit, so no variance would be required. Mr. Blake stated that it would be dividing two property lines and would make it more difficult to do this. Chairman Pease took an informal poll of the Commission to see if the sketch plan meets with their approval at this point in time. All commissioners agreed this plan is fine. commissioner spotts had a question of what would become of Outlot A -- Mr. Blake stated it would probably be some sort of drainage area. This item will be reviewed by the City council on May 2nd. ~ PUBLIC HEARING: MORRELL. MINING PERMIT Mr. Haas explained that Mr. Larry Morrell requested a special Use Permit to mine dirt as required per Ordinance 8, section 4.24. He also stated that since the spring of 1988 the City of Andover has been strictly enforcing property owners and contractors that are actively mining dirt, to obtain the necessary permits from local, state and federal governments. An observation was made by the city staff during 1988 that Mr. Morrell had been mining and removing dirt since about 1981 without a Special Use Permit. Chairman Pease opened the public hearing. Mr. Haas stated that Mr. Morrell was planning to excavate approximately 30,000 cubic yards over the period of a few years. City Staff recommends the excavation goes at least six feet to alleviate problems with vegetation. o o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Thirteen , ' Mr. Vistad stated that it was his understanding that for previous mining permits, it was a requirement to show the actual before grade and final grade on the sketches, and the grades/slopes going into the pond areas. Why wasn't this information included now? Mr. Haas stated although it was not indicated, it would be their usual procedure to have 5:1 or 4:1 slopes on the banks, and the depth of the pond would be five feet. Mr. Haas stated that Mr. Nordeen brought in a drawing similar to this, and his plan didn't indicate any grades/slopes at that time. Ms. Sabel asked if that was the County ditch that was shown on the diagram. Todd Haas reported that Mr. Morrell is required to get approval from the U.S. Army Corps of Engineers, and that it would be helpful to have this information in the city files. Chairman Pease asked why there hasn't been a special use permit up until now. Mr. Haas stated that there hasn't been any complaints on Mr. Morrell's activities of mining dirt, and that the city has just begun enforcement of this section of the ordinance. Mr. Ferris asked about the approximate amount of acreage Todd Haas estimated between 2-3 acres. Mr. Ferris also asked if there are restrictions set up on the directions the vehicles would travel. Mr. Blake commented that there are no such restrictions on the route of travel. MOTION was made by Commissioner Sabel, seconded by Commissioner Vistad, to close the public hearing. All voted yes. Motion carried. MOTION was made by Commissioner Bernard, seconded by Commissioner Spotts, that the Andover Planning and zoning Commission recommends to the city Council approval of the Special Use Permit requested by Larry Morrell at 1850 167th Avenue NW for the purpose of mining black dirt. The proposed use will not be detrimental to the health, safety and general welfare of the community and will not cause serious traffic congestion or hazards. It will not seriously depreciate surrounding property values ana it is in harmony with the general purpose and intent o~ the zoning ordinance and City's Comprehensive Plan. A public hearing was held, and there was no opposition. o The applicant is requested to make reasonable use of the property without altering the topography greatly. ~ o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Fourteen Safety precautions are to be taken at the end of each working day to prevent injury to playing children, bike riders, snowmobilers, etc. The applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed and/or vegetation or brush to establish erosion control. The applicant shall provide the city of Andover with a security bond to hold the City harmless against road damage and for restoration of the site as determined by the City Engineer. signs are to be placed on both sides of the driveway (haul road) indicating trucks hauling. Hauling of material is Monday through Friday, 7:00 a.m. to 7:00 p.m. and Saturdays 8:00 a.m. to 4:00 p.m. It is recommended by City Staff that Mr. Morrell be in contact with the various governmental agencies to obtain the necessary permits and issuing a copy of such to the City for their files. The maximum amount of cubic yardage would be 30,000, with an annual review for the special use permit. This approval of the mining permit is in reference to Ordinance 8, Section 4.24. All voted yes. Motion carried unanimously. This will go to the City Council on May 2nd. PUBLIC HEARING: BENOLKIN. AMENDED SPECIAL USE PERMIT Mr. Haas presented this agenda item, explaining that this was a request by Jim Benolkin for mining at 16040 University Avenue. The reason, Todd stated, this permit is back for review is that the original Special Use Permit asked for only six months to complete the work. As Mr. Benolkin did not complete the worJ~ in six months, he is aSking for an amended Special Use Permit for one year, with an annual review. Chairman Pease opened the public hearing. o .1' CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. . ANDOVER. MINNESOTA 55304 t:,,~"~~Pe:CIA(" USE -.PERMIT ""REQUEST"~ FOBM-' ., ..J '";' , .. . '. ' ,-,,' , , . . . .. SUP it ..' .... property Address /250 -/~-;? Aop_ ../v.~) .#.$'~V'L'".e,A/d Legal Description of Property: (Fill in whichever is appropriate) r' . X. Lot Block Addition Plat PIN "0 -3;'-z.iI-L/3-~()2-' parcel (If metes and bounds, attach the complete legal) Reason for Request GICo..vo..f"~ o+f- <S1+r:::.. -{-o vor IO(..\.."s poY'+~ <7t1'ld C)r rem aVI~ C-otA-r'l+y . . 3 l(tJO yds. or- more. Section of Ordinance 6 sd..cHon l./.zL/ Cur rent zoning R-j ~/e F'~tev.r().1 ********************************************************************** Address /,.860 ~ llome Phone 76 f3>J /' CJ / Business phone Signature-' (~~ . ~/J..P~ *****~**************************************************************** LA /Z-Ly ,mC' -e .l!..~z.L.. /~?-#o~ A/d Name. of Applicant '~4f"E Date 3 -/7 - ?9' Property Owner (Fee Owner) (If uifferent from above) Address 0... . <., .-- ~-_...~....,........-...--,...-.~...~-,..,_.'....'... .. ~,~..- .... ~...~.. '. .- "..... ..-.,~ Home phone Business' Phone .;~ .,... Signature Date .. ' . ********************************************************************** .:.,..;;-.,.--'.. ,-' . . .." .....,... ,. '.. ." .... ..'." . ,,'.. . ::'.(' r:?"\"~:.,,~~.:h' , "c:'::~~.'{'.~~"'1,,,,,,,'r;' "':".0'ir~~;.t~"r~'."~~, ..~ Attac~ ~ i~aled drawing. of the property and ~structures ;affected showing: scale and north arrow; dimensions !of the property and . -. structures; front," side and rear 'yard building.....~. setback$;"':adjacent~'... " Q~::8'~2jl,,~~.,;!.~.~.~~-,~.~.j!~.~~~~...,a~.~,..~.~~:~?~7c.;-~.~ni:~';~~';'~~~~~'~~~~:~j'"~:~~~~,~~:~~~z~..~~~~~~!~t~L~',!:~f;' :The names and addresses of all' 'propertyowneri:('wlthiil350feet:of,;/the "N':j:<' . .:subject property must also be pro'vided .;,:,'-':;,,;;,.;.:,,:._':::-;...,'.' .:' ".::~':;:"""'~"';'7 -r-"':;::,:,,":, . " ,L,:i;;.'::' ;:;.::.:::t<. .. . . " ....:i:):;:::.;~iL_._~,;.~g:,~.'$?::;:i;t);~i:t;::;';i'!.',":':; ~-'.. ";';ij~r'~:i;..,J?S~;F..g':\ . ,~!{:~;a :::: Fee '$:::: ::~~t;:~~td~1!t;~~5~I~t"t~~'~Kf;~i~it~;!:: . .,C .,= ~ ~,~\! ~' CITY of ANDOVER APPLICATION FOR LAND RECLAMATION, MINING, OR SOIL PROCESSING Permit Fee Receipt It Date paid $ Ih() . ~~71 ~- -'If,-/ Permit No. The undersigned hereby makes application for a permit for the excavation, removal or grading of rock, sand, dirt, gravel, clay and other like material within the City of 'Andover, agreeing to do all work in strict compliance with City Ordinances and hereby declares that all the facts and representations stated in this application are true and correct. Applicant ~AA~~"--!l--VU!/'/ Telephone 7)3. - J7tl / Address /8.~{J - /~ ? r/__(7...- 4.//(/) Owner of Land AilLJt!!y /I'1r?'R/?k'Lt- Telephone 76_~-./'7/?/ Address /(('6-0 ~ /t? '7 ,61.?'~ 4/#) T~e correct legal description of the premises where: PIN It /oon44-</3-occ<- j:he removal or excavation of' rock, sand, dirt, gravel, clay or other like materials shall or does occur, or / PIN It ("'32..:!.4-o.j~-OOOz. the storage or disposition of rock, sand, dirt, gravel, clay or other like materials shall or does occur, or PIN It IO_3?_~'1.'f3-0"o~ grading of rock, sand, dirt, gravel, clay or other like materials shall or does occur. Estimated time schedule of intermediate operations of the removal, storage or excavation Spflrtj. 0+ 1"l131 Estimated date of completion of the above operation 7e.a.( of '"Z.-ool statement of purpose for removal, storage or excavation Complete the City shall be 1{,7-fA list of highways, streets or other public ways within upon and along which the materials excavated or removed transported I..COlt!. NW ,y'<l.r""I<.~~""'''+Cl roo.d. ~".d_.__~+1- S rres.;f, o , . . ; o PerSons responsible for actual operation of the site J.,L) JZ. J,> ,/ ./11 c) e /C ~..c: L- , Type of Equipment ('./?,~./S~/<?/...J~//c;:7r;'?./ Erop" Map or plat showing the following five (5) items (may be on same map) : 1. The existing land elevations and water table elevations based on sea level readings. 2. The proposed pit or excavation to be made showing the confines or limits thereof together with the proposed finished elevations (side slopes not to exceed 4:1) based on sea level readings. 3. Present zoning and land use (parcel and within 350' of affected property). 4. Proposed zoning and land use (if change is desired). 5. Scale to the nearest .10 feet, north arrow, and existing street names. Surety or Security Bond, in such form and sum as set by Council Resolution, running to the City, conditioned to pay the city the cost and expense of: a. Repairing any highways, streets, or other public ways within the City made necessary. by the special burden resulting from hauling and transporting thereon by the applicant, the amount of such cost to be determined by the city Council; and conditioned further to save the City free and harmless from any and all suits or claims for damages resulting from the negligent excavation, removal or storage of rock, sand, dirt, gravel, clay or other like material within the city. b. Renovating the site to an approved land use in the event of revocation of said permit by either party. Applicant is required to furnish certificates of insurance to the City in the amounts of at least $100,000.00 bodily injury liability per person; $300,000.00 per person for injuries or death arising from anyone occurrence; and $50,000.00 property ~amage liability for anyone occurrence. Such insurance shall include a ten (10) day notice of cancellation or non-renewal of insurance and such notice shall be provided to the City upon its issuance. o Describe precautions to be tnl'"" tu evr/li{l ....re;lt-ing nuisances or hazards to public heal th and s;.a.hdy. , -,' .' ~~ o o Applicant shall post at said site a and a copy of the Resolution of the copy of the Permit granted city granting such permit. ~~ ft-t/YJ/lL/&P .A~ an az:~ q,A~LP Lan wner .1. . " a.r... .. o o DEPARTMENTAL COMMENTS PLANNING Present Zoning Proposed Zoning Present Land Use Proposed Land Use Ultimate Land Use Recommendations to Planning Commission .' .' ENGINEERING Drainage Water table Haul Roads Street Load Restrictions Bridge Crossings " Mining Procedures and Equipment Dust Control Restoration Location of Utilities How the Proposed Contours Relate to the Proposed Land Use, S~reets Grades, Utility Grades, etC. Recommendations to City Council 'I'" . ".:-~ ;,.,', '4 ..... ....,.f!".... .,- .......... .1, . .. . r' _.~.- .-.. --.--,... . . ," , , .."'. o o APPROVALS Comments & Restrictions of the Planning Commission: Approval of Planning Commission Chairman Comments & Restrictions of the City Council: Approval of the City Council Mayor .:. : .' .' . . :;~ r:, . ..., . .:.t.. . ~', >::. '..~.' .r.:" 5 .J..)....,~1~r.11 .p~~c( Q..~~ ck~ 0-~o 9~ ~C] A-?/ . -.L-.<- A Lo /' . .~/,edX< ~rP--rd~~ 7; -6.-t:./~0" .~ ~.:5CJ/60C Cr~7"-- 7dr' ~ ~ --eU ~cP.L~f#'~..-v~ /8<.5-0_ /~ 7 0 A - . ve. .-'/0. /...,:/do t/e v. A/t-t/. o-S:5oY !.;l.,v1J p.e '2.CR-/pT/o$ :EY'" ..;sw}f:,/ SE4 -I see 10 r LLJ P. .3 (;l-. ~e.. o CITY of ANDOVER . . 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City of Andover Planning and zoning Commission will hold a public hearing at 7:30 P.M., Tuesday, April 11, 1989 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to consider the request of Larry Morrell for a Special Use Permit to mine dirt from the property at 1850 - 167th Avenue NW described as that part of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 10, Township 32, Range 24, Anoka County, Minnesota. All opponents and proponents of said special use permit will be heard at the above time and location. V~of#city Clerk o ... ,., , '- 0 Donald Osman 1781 - 167th Avenue NW Andover, MN 55304 Norman Stout 1909 - 167t:h Avenue NW Andover, MN 55304 Randy Pleisance 1928 - 167th Avenue NW Andover, MN 55304 o , .:..; );. \...:.1,.,'. ",:, .~. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 · (612) 755-5100 March 10, 1989 Lawrence Morrell 1850 - 167th Avenue NW Andover, MN 55304 Re: Mining Dear Mr. Morrell: An inspection' has been made of your property and it does appear that over 400 cubic yards of material (sand, gravel, peat, etc.) has been removed from your property. Ordinance 8, Section 4.24 Mining, requires a Special Use Permit to Gonduct such 'activity. Removal of any additional material after receipt of this letter .will constitute a violation of this ordinance. If you have any questions, feel free to contact me at 755-5100. Sincerely, CITY OF ANDOVER -1 nLJ j /1.a<J. d Todd J. Haas Assistant City Engineer TJH:kmt Attachments: Ordinance 8 Section 4.24 Certified Mail Receipt ~P 012 259 528 .0 ~ 5 ~ '/1 - ~I . / ) \f" 1 !Ii . }...:, ~-f;'" ~~':;..' .~.. ~.l/ . .;,:~. ( .- -. j ",. .' \ . ". ;~':C'i - 4... ;:~::'. ~,o)!,,:;. . .~~ .:! ...",' .i. l't.'._i r o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1989 AGENDA SECTION NO. Discussion Items DATE ORIGINATING DEPARTMENT Planning ITEM NO. Strauss Special Use Permit APPROVED FOR AG 0 BY: Jay Blake, City Planner BY: REQUEST The Andover city Council is asked to review the request of Michael Strauss to allow retail trade and sales in an Industrial district (Ordinance 8, Section 7.03). GENERAL REVIEW The subject property is located at 13650 NW Hanson Boulevard. The applicant proposes to lease a portion of the main building from the owners, to operate a mail order or phone-in four-wheel drive parts business. The remainder of the building will be used by the owners for the retail sale of new tires and U-haul rental. The building, currently known as Andover Tire Town, has been sold. to Raymond and Steven Sweeney. The tires on the property are being removed as part of the purchase agreement. The proposed Special Use Permit will be only for a portion of the building (see enclosed drawings). The area of the proposed retail area is roughly 500 square feet on the south side of the building. REVIEW CRITERIA Section 5.03 of Ordinance 8 outlines the criteria to use in order to determine the acceptability of the special use permit, including, "the effect of the proposed use upon the health, safety, morals and the general welfare of the occupants of surrounding lands, existing and anticipated traffic conditions on adjacent streets, including parking facilities, the effect on values of property and scenic views and the effect on the Comprehensive Plan." COUNCIL ACTION MOTION BY TO SECOND BY o Page Two strauss Special Use Permit May 2, 1989 The review criteria should be examined carefully: 1) The effect of the proposed use on the health, safety, morals and the general welfare of the community. As the proposed use does not call for exterior storage of materials and the parts will be mail order and not stored outside the building, the use should not have a detrimental effect on the health, safety, morals and general welfare of the community. 2) The existin streets, 1nc ad "acent The proposed use should not have a detrimental effect on the traffic or parking congestion on the property. The property is within the City's Tax Increment Financing district and the City is currently examining the completion of a frontage road along Bunker Lake Boulevard. No significant traffic congestion or parking problems will occur due to this small retail space. 3) The effect on values of property and scenic views in the surrounding area. The proposal will not have a negative effect on the property values in the surrounding area. 4) The effect on the Comprehensive Plan. The proposal meets policy objectives in the Comprehensive Plan (see enclosed Comprehensive Plan, Commercial Section). COUNCIL OPTIONS 1) The Andover City Council may approve the Special Use Permit requested by Michael Strauss for the operation of a retail business in an Industrial district as allowed by Ordinance 8, Section 7.03, with any or all of the following conditions: A. The exterior storage of equipment associated with this business shall not be allowed, unless a special use permit for such storage is approved by the City Council. o B. The applicant must submit signage plans and obtain the appropriate sign permits prior to installation. C. The storage of new or used auto parts outside the structure is not allowed. D. The permit will be subject to an annual review. o o Page Three strauss Special Use Permit May 2, 1989 2) The Andover City Council may deny the Special Use Permit requested by Michael strauss for the operation of a retail business in an Industrial district as allowed by Ordinance 8, Section 7.03. 3) The Andover City Council may table the item. STAFF RECOMMENDATION Staff recommends option #1 (approval). PLANNING AND ZONING RECOMMENDATION The Andover Planning and Zoning Commission held a public hearing and reviewed the proposal. There was no public opposition. The Planning and Zoning Commission recommended approval of the proposal with the conditions outlined in Council Option A. CITY of ANDOVER 1685 CROS~>TOWN BLVD. N.W. ANDOVER. MINNESOTA 55304 sup. It SPECIAL USE PERMIT REQUEST. FORM Property Address 131050 IJ.W. \-\M~o,.J15Ll1t:>. Legal Description of Property: (Fill in whichever is appropriate) t Lot Block / I Addi tion t~l.fJ'I'lh.. PIN 34-32-- 24 - 41- 0004- plat Parcel (If metes and bounds, attach the Reason for Request ...<Jak u:I 11 fur. I r'\ tLvt In du..s hI a.1. n/ 1:5+1'"IC-+ . complete legal) L/.tJ-lJ ~fJ~ . (YJ111M--5r'rk.- (Jf{ road. ~<:;u 1.Iy . Section of Ordinance 7.D3 . Current zoning .1 ********************************************************************** Name of Applicant /Vl""fA1~' 12. s-Jl?AUS$ Address /Lf=?'3> +14W1~OlJ:51 Me }.lo. f;Roo<.er'k.i MRJ< fYvW -:;g.j4J-f Home Phone 5l:>o-bOIt.f .' Business .phone 5foro-lz...'1~ Signature H~~ ~~--~_.._-------' Date .r5/2.7/81. ************************************************************~********* Address 1\\70 KUMQt/.-1fi H~me phone ~;:~6~.~ _ Slgna.ture ,~ Sl /JlAJ ~ S-i:;V&J~uJe( CitN ~ S I \M, J.j ~Sc:-I-':S '3 r;;:"? -- 3500 -S/2-7/q . Date Property Owner (Fee Owner) (If different from above) 'cf(I1-'rtW/JNO o Business phone ************************************************~********************* Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions' of the property and structures; front, side and rear yard building setbacks; adjacent g;treets; and location and use of existing structures.within 100 feet. 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'.&~ _____uu ---'--"~(f ---- --- -----,.... .,.-...-.---,-..'.. SiO~G. BL.tILDI-lJC... ~- '--------__.__.0_.._' -.....----... i~' . A~VG~ I1ge___ .__J3_bSO.1J.W._~ EVJ~ ~_I~_~szt3'~.___________._ 15(-'3'~h_. ,--'." ..-."---.' , ,. . ....._- ----- (0 23. Home occupations shall be controlled so as to prevent adverse effects which may detract from residential amenities. While it is possible to permit certain types of business to be conducted within a home, such businesses shall not be permitted to display advertising signs, conduct retail operations, or otherwise be inconsistent with the residential character of the area in which said home occupation is located. (" Public and Semi-Public 1. Public and semi-public buildings shall be adequately related to adjoining land uses through the provision of plantings, proper setting, screening, etc. 2. Public facilities shall be constructed and main~ined so as to set examples for developers of private foci I ities. 3. Within Andover, recreational facilities shall be provided on a community basis. 4. A wide range of recreational activi ties in the area should be provided. 5. In providing for a wide range of recreational activities, both the active and the passive types of recreation should be provided. Thus, noture walks and picnic areas should be provided, as well as playgrounds, skating rinks, tennis courts, etc. ( Commercial 1. Public policy shall be conducive to improvement of conditions affecting business operation, but not to the point of endangering the public welfare and intent of the Comprehensive Plan. 2. Future commercial areas shall be based upon the concept of the integrated business center developed according to a specific site plan and justified by a feasibility study. 3. Any further spot or commercial development shall be strongly discouraged in favor of a unified development pattern. I . . 4. When opportunities arise, existing spot development shall attempt to - consolidate into more functional patterns. . L ,,0 I '-.J;l 57 o --( 5. Community commercial and neighborhood service centers shall be developed as cohesive, highly inter-related units with adequate off-street parking. 6. Careful attention will be given to the proper definition of land uses by type; the distinction between "commercial" and "industrial" will be clearly drawn in the zoning ordinance. . 7. The location of new business areas should be justified by an adequate market study (market radius, customer potential, suitable location in the mQfket radius, etc.) and consideration for the community development and circulation pattern. 8. As in housing developments, excellence of design and structural quality will be encouraged in commercial developments. 9. Joint utilization of parking, access, and other related supportive services shall be promoted in service and commercial districts and individual deve lopments. 10. Safe and convenient pedestrian movement shall be provided within service and commercial developments. ( 11. When possible or when opportunities arise, major street access for service and commercial development shall be at the periphery of the area. 12. Commercial development at street intersections of one quadrant does not indicate or dictate commercial use of the remaining quadrants. 13. Neighborhood convenience centers shall be located along arterial or collector streets . 14. Neighborhood convenience centers shall be located with convenient accessibility for both motorists and pedestrians, given due consideration to market demand and community development. 15. Orderly transitions between commercial and residential areas shall be established and maintained. o 58 (0 16. All existing service and commercial uses shall be adequately screened or buffered from any adjacent residential development. 17. It shall be the responsibility of existing commercial developments to assume the burden of making necessary improvements to insure compatibility with surrounding residential uses. 18. Existing service and commercial uses shall be adequately and appropriately landscaped according to community requirements as may be amended. 19. A commercial maintenance code shall be formulated and enfarced to help ensure that commercial structures represent community attributes on an ongoing basis. Industrial 1. Industrial development shall be confined to the 811ieting industrial park, and if any additional deve.lopment occurs, it will be in the sewered areas of the City. 2. Industrial development shall provide adequate off-street parking and loading facilities. 3. Industrial uses shall be located within easy access of major streets or arterials and industrial-oriented traffic shall penetrate local streets as little as possible. 4. Penetration of residential neighborhoods by traffic generated by industrial activity shall be prohibited. 5. Give due consideration to all potential physical implications and services and facit ity demands (i.e. traffic generation, sewer and water demands, etc.) of any proposed industrial expansion. 6. It shall be the responsibit ity of existing industrial developments to assume the burden of making necessary improvements to insure compatibility with surrounding residential uses. 7. . Outside storage of equipment and materials shall be screened and landscaped to eliminate any visual impact. o 59 ( .' . .... ~ r- I I I" ( , r I I. 1 I L.. I L ~'1'~:"'"'''':'':''''' Q. r11\ '"r'l,l ~.. ..'.' ~~.o;,~:.'7~:r. CITY of ANDOVER , ' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, April 11, 1989 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to hear the request of Michael strauss to allow retail trade and services in an Industrial District. The proposal would be for property described as follows: Eastern 1/2 of Lot 4, Block 1, pankonin Addition (13650 Hanson Boulevard). Written and verbal comments will be heard at that time and location. 'u ILb vicki Volk, City Clerk o o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Fifteen Mr. Bernard asked why this was being brought before the Commission. Mr. Haas explained that Mr. Benolkin thought the jOb could be completed within six months, and because it was not, a review was required by the Planning Commission for an extension on the Special Use Permit. MOTION was made by Commissioner Vistad, seconded by Commissioner Sabel to close the public hearing. All voted yes. Motion carried. MOTION was made by Commissioner Vistad, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council approval of the extended Special Use Permit for one year with annual review requested by Mr. Benolkin, at 16040' University Avenue. All previous requirements are to continue on this extension of the Special Use Permit No. R-074-88. A public hearing held, and there was no opposition. No discussion. All voted yes. Motion carried. PUBLIC HEARING: STRAUSS, SPECIAL USE PERMIT, RETAIL SALES IN AN INDUSTRIAL DISTRICT Mr. Blake stated that this is a request for a special use permit by Michael Strauss to allow retail trade and sales in an Industrial District (pursuant to Ordinance 8, Section 7.03). Mr. Strauss proposes to lease a portion of the building (currently known as Andover Tire Town) located at 13650 NW Hanson Boulevard to operate a mail order or phone-in four-wheel drive parts business. o Mr. Blake reviewed the four items of criteria for the Planning Commission to evaluate this proposal. He found that there will not be any detrimental effect on the health, safety, morals and general welfare of the community; that the proposed use should not have a detrimental effect on the traffic or parking congestion on the property; that the proposal will not have a negative effect on the property values; and that the proposal meets policy objectives in the Comprehensive Plan. Chairman Pease opened the public hearing. MOTION was made by Commissioner Spotts, seconded by Commissioner Vistad to close the public hearing. o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Sixteen . . Mr. Spotts asked if this means retail sale of new tires. Mr. Blake explained that this proposal is for mail-order only. Mr. Elling asked if Mr. Blake had checked it out with the City Attorney to see if it was okay to issue two special use permits on the same parcel. Mr. Blake stated that he had not, but he would check it out. Mr. Vis tad asked what the other owner would be selling. Mr. Blake stated that the other owner would be looking to operate a tire sales business. Mr. Vistad thought that because someone could be ordering a set of new tires for a four-wheel vehicle (through the mail order), then new tires could be included in this special use permit. MOTION was made by Commissioner Vistad, seconded by Commissioner Ferris that the Andover Planning and Zoning Comm~ssionrecommends to the City Council approval of the Special Use Permit requested by Michael Strauss for the operation of a retail business in an Industrial District located at 13650 NW Hanson Boulevard, as allowed by Ordinance 8, section 7.03 with any or all of the following conditions: A. The storage of equipment associated with this business shall not be allowed outside the building, unless a special use permit for such storage is approved by the City Council. B. The applicant must submit signage plans and obtain the appropriate sign permits prior to installation. C. The storage of new or used auto parts outside of the structure is not allowed. A public hearing was held, and there was no opposition. The use shall not have a detrimental effect on the health, safety, morals and general welfare of the community. The proposed use shall not have a detrimental effect on traffic or traffic congestion on the proposal. The proposal will not have a negative effect on the property values in the surrounding area. The proposal meets policy objectives in the Comprehensive Plan. This proposal is contingent upon the review and approval by the City Attorney. o Discussion: Mr. Ferris asked if this permit was done on an annual-review basis. Mr. Blake stated that these types of permits would just continue, unless complaints are received. o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Seventeen . . Mr. vistad wanted the following statement added to his motion: For the operation of a mail order or phone-in four-wheel drive parts business and retail of new tires. The seconder agreed with this addition. Mr. Ferris thought that the wording about retail of new tires should not be included. Mr. Vistad agreed that it would be okay to delete that part of the statement (retail of new tires) in the motion so that it would read: For the operation of a mail order or phone-in four-wheel drive parts business. Mr. Spotts asked how the new owners would repair/clean up the outside of the building. Mr. Blake stated that the City is working with the owners with some planning/signage/etc. All voted yes. Motion carried. This item will go to the City Council on May 2nd. PUBLIC HEARING: SPECIAL USE PERMIT: MERRYMAIDS. BUSINESS OPERATION IN RESIDENTIAL DISTRICT Mr. Blake reviewed the request for a Special Use Permit by Laurel Landowski to allow the operation of a home cleaning business in an R-4 single family residential district, Section 7.03. Mr. Blake explained that the home cleaning business is currently being run from an accessory garage at 13857 NW Underclift Street, and the operation has existed for approximately 2-1/2 years and employs 18-20 people. The Andover Deputy had cited the business for violating several sections of the Zoning Ordinance. In addition to those violations, Mr. Blake stated that the significant problem was that the business does not meet the criteria of a Home Occupation and the fact that the business is being operated from an accessory structure. Chairman Pease opened the pUblic hearing. o Mr. Vistad stated that if this business was a minor repair service, there may be 18 clients in one day coming to that house. Mr. Blake stated that the similar use was not as much of an issue, but the issue was that the business was run from the accessory building, and it was remodeled without a ~~ccial aDO permit. ~\M.lc!' ~ '6 o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -89 A RESOLUTION APPROVING THE REQUEST OF SPECIAL USE PERMIT TO LOCATE A RETAIL DISTRICT, AS REQUIRED BY ORDINANCE 8, DESCRIBED AS LOT 4, BLOCK 1, PANKONIN MINNESOTA. MICHAEL STRAUSS FOR A BUSINESS IN AN INDUSTRIAL SECTION 7.03 ON PROPERTY ADDITION, ANOKA COUNTY, WHEREAS, Michael Strauss has requested a Special Use Permit to locate a retail business in an Industrial District, as required by Ordinance 8, Section 7.03 on property located at Lot 4, Block 1, pankonin Addition, Anoka County, Minnesota and WHEREAS, the proposed business would be a mail order four- wheel drive parts store, and WHEREAS, the Andover Planning and zoning Commission has reviewed the proposal at their April 11, 1989 meeting and found the proposed use to be consistent with the development in the area and with the Andover Comprehensive Plan, and WHEREAS, the proposed use would have no significant negative impact on the health, safety, morals and general welfare of the community, and WHEREAS, The proposed use would have no significant negative impact on traffic or parking conditions in the area, and WHEREAS, the proposed use would have .no significant negative impact on the values of property or scenic views in the area, and WHEREAS, the proposed use would have no significant negative impact on the Andover Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the request of Michael Strauss for a Special Use Permit to locate a retail business in an Industrial District, as required by Ordinance 8, Section 7.03 be approved, subject to the following conditions: A. The exterior storage of equipment associated with the business shall not be allowed, unless a Special Use Permit for such storage is approved by the Andover City Council. o B. The applicant must submit sign plans and obtain appropriate sign permits prior to installation. C. The storage of new or used auto parts outside the structure shall not be allowed. o o Page 2 strauss Special Use Permit May 2, 1989 D. The permit shall be subject to an annual review by the City. Adopted by the City Council of the City of Andover this 2nd day of May, 1989. CITY OF ANDOVER ATTEST: Michael Knight, Acting Mayor Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION 1989 May 2, Discussion Items DATE ORIGINATING DEPARTMENT Planning ~~ BY: Jay Blak~ city Planner AGENDA SECTION NO. APPROVED FOR AGE ITEM NO, Anoka County Parks Special Use Permit REQUEST The Andover City Council is asked to review the Special Use Permit request of the Anoka County Parks Department to allow the construction of a public utility structure in a Residential District, as required by Ordinance 8, Section 7.03. GENERAL REVIEW The Anoka County Parks Department is proposing to construct a storage building (dimensions of 36' by 104') on their property at 1350 NW Bunker Lake Boulevard. See enclosed diagram depicting the location and size of the structure. The proposed location is twenty (20) feet from the southern property line. Ordinance 8, Section 6.02 requires a fifty (50) foot setback from the rear property line in a R-1 single family . district. The appropriate adjustments in the site plan would have to be made prior to final approval. REVIEW CRITERIA Section 5.03 of Ordinance 8 outlines the criteria to use in order to determine the acceptability of a Special Use Permit, including, "the effect of the proposed use upon the health, safety, morals, and the general welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions on adjacent streets, including parking facilities, and the effect on values of property and scenic views and the effect on the Comprehensive plan." COUNCIL ACTION MOTION BY TO SECOND BY o Page 2 Anoka County Parks Special Use Permit May 2, 1989 The review criteria should be examined carefully: an t e genera , morals on ad'acent There will be no significant impact on the traffic congestion due to the proposed structure. The interior storage of park equipment etc. will improve the appearance of the parking lot on this site. Also, due to the location of the proposed structure, there will be little visual impact from Bunker Lake Boulevard. 3) The effect on values of property and scenic views in the surrounding area. There will be no significant impact on the property values and/or scenic views in the area. The site will actually improve due to the interior storage of equipment, etc. 4) The effect on the Comprehensive Plan. The Andover comprehensive plan and Development Framework outlines major policy objectives for development within this sector of the City. One of the major concerns of the Comprehensive Plan is the compatibility of adjoining land uses. The Bunker Hills Regional Park and County Highway Offices surround the subject property. Since the proposal is for public purposes, the proposal would be consistent with the surrounding uses and the Comprehensive Plan. COUNCIL OPTIONS 1. The Andover City Council may approve the Special Use Permit requested by the Anoka County Parks Department for the construction of a public utility structure in an R-1 single family residential district. The proposed use shall meet all criteria outlined by the City, including but not limited to: A) The building plans shall be approved by the Andover Review Committee prior to construction. B) The applicant shall provide necessary lighting for the building and surrounding area. o 2. The Andover City Council may deny the Special Use Permit requested by the Anoka County Parks Department for the construction of a public utility structure (storage building) on their property at 1350 Bunker Lake Boulevard as allowed by Ordinance 8, Section 7.03. o Page 3 Anoka County Parks Special Use Permit May 2, 1989 3. The Andover City Council may table this item. STAFF RECOMMENDATION Because of compliance with the Comprehensive Plan and Zoning Ordinance, staff recommends Option #1 (Approval). PLANNING AND ZONING COMMISSION RECOMMENDATION The Andover Planning and zoning Commission recommends approval with conditions outlined in Council options. o ~ ~ CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER. MINNESOTA 55304 SUP it SPECIAL USE PERMIT REaU~ST. FORNI.- Property Address 1350 Bunker Lake Blvd. N.W. Legal Description of Property: (Fill in whichever is appropriate) Lot Block Addi tion Bunker Hills Park plat Parcel PIN (If metes and bounds, attach the complete legal): Description of Request West l/? o~ N.E. 1/4 S.W. l/4, Sec. 35 T32 R24. citv of Andover orditance 78 & section of Ordinance 8-4.05 Current zoning R-1 (park)- ***************************************~****************************** Name of Applicant Anoka County Park Deuartment Address 550 Bunker Lake Blvd. N. ~Il., A.ndover, rlN 55304 Home phone Business Phone 757-3920 Signature ~~ ~~~~ Date 2-23-89 Pirector of Anoka County Park peoartment ********************************************************************** Property Owner (Fee Owner) (If different from above) Address SAME Home Phone Business Phone signature Date ********************************************************************** Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of. the property and structures; front, side and rear yard building setbacks; adjacent street names; location and use of existing structures within 350 feet. :~4:)The names and addresses of all property owners within 350 feet of the subject property must also be provided. . 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'..," .:.i. , f;:,:: :h~ .. ~~?~. .f}:, r... . , ~:~\', V' .. .:, .,:'.":'f.{ .'-, ':"\:':~}:'., ;~j::,\!:'" . .\~'. ..i"~ 't::. '.' " '::.''- ; ';,1 ,~,: ;,';';, ,"';.::; .:""" :!::;., ; ~ ;:I; .:~:.;, :,:: ;~;":W ,':'., " . ::! .}. . .. ,,"; ;- .". ;' " ,:.", 0'(") ,JT1 )>::0 ::l=! g.11 o ("). (")~ gJT1 ::l - '<0 -011 o 'cn ="'c 0::0 (1)< "Sm en .. -< o (1) ::J - a ,- (f) ::::r o "0 (f) ::;: (1) ,0 ~. o '-- CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, April 11, 1989 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to hear the request of the Anoka County Parks Department for a Special Use Permit to allow the construction oran accessory structure for public utility uses. The proposed location of the building is on property described as follows: The West 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 35, Township 32, Range 24, Anoka County, Minnesota. (1350 Bunker Lake Boulevard) Written and verbal comments will be received at that time and location. vM; PI!' V1C 1 Vol , C1ty Clerk ., o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Twenty . . MOTION was made by Commissioner Sabel, seconded by Commissioner Vistad to close the pUblic hearing. All voted yes. Motion carried. . MOTION was made by Commissioner Sabel, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested by Laurel Landowski with the stipulations listed in Option 1 provided by staff which include: " A) That the operation shall be conducted from the principal structure and no business shall be conducted from the accessory structure. B) The parking plan to be worked out with the City Planner. C) The Special Use Permit shall be reviewed in six months to establish if the operation is in compliance with all city Ordinances. An annual review will occur after the initial inspection. Discussion: It was recommended to include in the motion that a pUblic hearing was held, and letters of support were entered into the public record. The maker of the motion and the seconder agreed to this addition. All votes yes. Motion carried. PUBLIC HEARING: SPECIAL USE PERMIT. ANOKA COUNTY PARKS DEPARTMENT This permit request, described by Mr. Blake, is to allow the construction of a public utility structure in a Residential District, as required by Ordinance 8, Section 7.03 Chairman Pease opened the public hearing. Mr. Dave Torgelson, Director of the Parks and Recreation for Anoka County, reviewed the proposal to construct a storage building (36' x 104') on the property located at 1350 NW Bunker Lake Boulevard. He stated that the equipment sits outside, and that they needed this storage building to protect the equipment. o o . . Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Twenty-One Mr. Ferris restated Mr. Blake's understanding that the only problem with this proposal was the setback from the rear lot line and that 50 feet setback is required in an R-1 single family district. Mr. Torgelson clarified to the Commission that it is a fence (not the lot line) that is twenty feet from the southern property line, and that the setback is 2-1/4 miles from 242. MOTION was made by Commissioner spotts, seconded by Commissioner Vistad to close the pUblic hearing. All voted yes. Motion carried. MOTION was made by Commissioner Vistad, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the city council approval of the Special Use Permit requested by Anoka County Parks Department for the construction of a public utility structure in an R-1 single- family residential district located at 1350 NW Bunker Lake Boulevard. The proposed use shall meet all the criteria outlined by'the City, but limited to: A) The building plans shall be approved by the Andover Review Committee prior to construction. B) The applicant shall provide necessary lighting for the building and surrounding areas. A pUblic hearing was held, and there was no opposition. structure will not cause serious traffic congestion; it have a significant impact on the property values in the it is in harmony with the City's Zoning Ordinance and Comprehensive Plan. The effect of this proposed use will have little or no impact on the health, safety, morals and general welfare of the community. This proposed use is required by Ordinance 8, section 7.03. This will not area; and All voted yes. Motion carried. This item will go to the City Council on May 2nd. o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -89 A RESOLUTION APPROVING THE REQUEST OF THE ANOKA COUNTY PARKS DEPARTMENT FOR A SPECIAL USE PERMIT TO CONSTRUCT A PUBLIC UTILITY USE STRUCTURE IN A RESIDENTIAL DISTRICT, AS REQUIRED BY ORDINANCE 8, SECTION 7.03 ON PROPERTY DESCRIBED AS THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 35, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. . WHEREAS, The Anoka County Parks Department has requested a Special Use Permit to construct a public utility use structure in a Residential District, as required by Ordinance 8, Section 7.03, and WHEREAS, the proposed structure would be used for the storage of public maintenance vehicles and equipment for Anoka County, and WHEREAS, the Andover Planning and Zoning Commission has reviewed the proposal at their April 11, 1989 meeting and found the proposed use to be consistent with the development in the area and with the Andover Comprehensive plan, and WHEREAS, the proposed use would have no significant negative impact on the health, safety, morals and general welfare of the community, and WHEREAS, The proposed use would have no significant negative impact on traffic or. parking conditions in the area, and WHEREAS, the proposed use would have no significant negative impact on the values of property or scenic views in the area, and WHEREAS, the proposed use would have no significant negative impact on the Andover Comprehensive Plan. o NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover approve the request of the Anoka County Parks Department for a Special Use Permit to construct a public utility use structure in a Residential District, as required by Ordinance 8, Section 7.03, on property described as: West 1/2 of the Northeast 1/4 of the Southwest 1/4, Section 35, Township 32, Range 24, Anoka County, Minnesota. A. The building plans shall be reviewed and approved by the Andover Review Committee to ensure compliance with all City Ordinances. o o Page 2 Anoka County Parks Department Special Use Permit May 2, 1989 B. The applicant shall be provide the necessary lighting for the building and surrounding area. c. The permit shall be subject to an annual review by the City. Adopted by the City Council of the City of Andover this 2nd day of May, 1989. CITY OF ANDOVER ATTEST: Michael Knight, Acting Mayor Vi~toria Volk - City Clerk 'l o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1989 BY: ITEM NO, Heidelberger Variance 8. ORIGINATING DEPARTMENT Planning ~ BY: Jay Blak~~lanner AGENDA SECTION NO, Discussion Items REQUEST The Andover City Council is asked to review the request of Rick and Marion Heidelberger for a variance to allow the completion of a non-conforming garage currently under construction. The proposed variance is for property at 2052 Bunker Lake Boulevard, adjacent to Mom's Auto Salvage. The structure was initially started more than fifteen years ago and the applicant proposes to complete the building. APPLICABLE ORDINANCES The Andover City Zoning Ordinance #8, Section 4.03 (Non-conforming Uses and structures), Subsections A and B, Section 4.05, Subsection F and Section 9 - Building without permits. PLANNING REVIEW The request of Rick and Marion Heidelberger, 2052 Bunker Lake Boulevard, is to allow the completion/expansion of a non- conforming structure in an Industrial District. (See enclosed maps) Two major items must be addressed: Non-conformity The property has two uses located on it. On the northwestern portion of the land is the residential structure and associated garages and accessory buildings. Additionally, Mom's Auto Salvage is also located on the same property. Because it is a residential structure in an Industrial District, the use of the property is considered non-conforming. COUNCIL ACTION MOTION BY TO SECOND BY I o Page 2 Heidelberger Variance May 2, 1989 Section 4.03, Subsection A of the zoning Ordinance states, "Any structure or use lawfully existing upon the effective date of this ordinance may be continued at the size and in the manner of operation existing on such date hereinafter specified." The expansion of the house or accessory structures would be considered an expansion of the non-conforming use. Section 4.03, Subsection B states that no structural alteration shall be made to the non-conforming structure. Mr. Heidelberger proposes to complete the garage, thereby intensifying the non-conforming use of the property. Additionally, the Ordinance strictly prohibits structural alterations. Garage Location The current garage is located 85 feet from the property line, four feet closer to the property line than the principle structure. Section 4.05, Subsection F states, "No detached garages or other accessory buildings shall be located closer to the front lot line than the principle structure, unless it matches the style of the residential structure. Mr. Heidelberger has stated that he will make arrangements with appropriate architects and engineers to build a structure that meets all of the building code requirements. The city has the authority to require that the building be moved or removed. o Also, the property has several other accessory buildings in a state of disrepair. Ordinance #8 allows the city to grant a variance to the requirements of the zoning Ordinance if the strict interpretation of the Ordinance will cause undue hardship to the property owner. Planning and zoning Commission should review the request using the following criteria: 1. Does the strict interpretation of the Ordinance cause practical difficulties and/or unnecessary hardships to the property owners? The proposal does not meet this criteria. The hardship defined by the application is the improper location of the garage built too close to the front property line and that the garage has been there for many years. The mere location of the building does not constitute a hardship. o Page 3 Heidelberger Variance May 2, 1989 AS it currently stands, the garage is an illegal structure, built without a building permit for either the shell of the building or the roof added to the structure. The Building Department has not allowed other structures without building permits to be erected within the City. Therefore, no hardship exists. 2. Is the hardship caused by the unique physical features of the land, including shape or condition of the parcel? This criteria is not met by the proposal. The current location of the garage cannot be considered a "hardship caused by the unique features of the land". Since the property owners choose to not follow the building procedures of the City of Andover, he located it improperly and created his own hardship. 3. Will the variance be detrimental to the public welfare? The mere completion of a garage would not have a detrimental effect on the public welfare, however, allowing a non-conforming use to expand and prolonging the use in the industrial district would not be beneficial to the public welfare. The property is within the Andover Tax Increment Financing District. The City plans to work with land owners, and developers to re-develop the entire district. The expansion of the non- conforming use is not in line with the redevelopment plans of the City. 4. Is the variance necessary to allow the property owner the reasonable use of the property? The existence of a completed garage on the property has not precluded the property owner reasonable use of the property to date. The question then becomes, does the requirement to have the structure moved or removed cause the owner an unnecessary hardship? The costs of removing a building should not be a criteria for granting a variance. As a non-conforming use in an Industrial District, the ordinance allows residential uses in Industrial districts, yet no expansion or increase in intensity should be allowed. o o page 4 Heidelberger Variance May 2, 1989 COUNCIL OPTIONS A. The Andover city Council may deny the variance requested by Rick and Marion Heidelberger to complete construction of a non-conforming accessory structure. The Council finds that the proposal does not meet the requirements set forth in the City's Ordinance #8, Section 5.04. The Commission finds that the applicant fails to show a hardship due to the unique shape or topography of the parcel and that the land owner would not be precluded reasonable use of the property. B. The Andover city Council may approve the variance requested by Rick and Marion Heidelberger to complete construction of a non-conforming accessory structure. C. The Andover City Council may table the action. STAFF RECOMMENDATION Staff recommends option A. PLANNING COMMISSION RECOMMENDATION The Andover Planning and Zoning Commission reviewed the proposal at their March 28, 1989 and April 11, 1989 meetings. (See the enclosed minutes). The Commission recommended approval of the variance (4-yes, 2-no). The majority of the Commission believed: 1. The hardship was created by the previous owner (Cecil Heidelberger) and that the building meets front yard setback requirements (except that it is 4' in front of the main structure). 2. The variance would not have a significant negative impact on the neighborhood. Two Commissioners did not believe that a hardship existed on this property~ o CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER. MINNESOTA 55304 variance It -( '--' VARIANCE REQUEST FORM property Address 2052 Bunker Lake Blvd. Legal Description of property: (Fill in whichever is appropriate) Andover,Mn 55304 Lot Block J\ddi tion plat Parcel PIN (If metes and bounds, attach the complete legal) Description of Request U~ 1/4 of' S:,f 1/4 of' Spf't:ion 7,4, 'I'own",]"ir 3? , n::lngp?4 , specific Hardship flnok<'l r!ol1nty. t'iirl1"1!?Clota t?;/i_.--a :;" .:)'/-/j.rleCf ruOV("': Section of ordinance -/i,a,A c..'oY1 sfrucnOl" ,;,1 t7 ~Q" I ~'l Y I'1A"l . Current zoning Li~ht Industrial In Can-tp(eJc.cI. t '-. ********************************************************************** Name of Applicant Marian and Richard Heidelberger Address 2052 Bunker Lake Blvd. Jindover, rf:n C;5~04 80.. phon. at? ~ ~ phon. Signature ~ 4---(1 - 7ljlj-0247 Date.x, 5,.! , B '7 ********************************************************************** property Owner (Fee Owner) (If different from above) ~~rjau T{eideJbl?rger , Address 'Same as above Home Phone Business phone Signature Date ************~~******************************************************** Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent .Otreets; and location and use of existing structures within 100 feet. \ ~. The names and addresses of all property owners within 350 feet of the subject property must also be provided. Application Fee: Single Family - $40.00; Other Requests - $65.00 Filing Fee: $10.00 Date Paid Receipt It U . . , . . . . . I . . , . . . i--i . . , '.--;-t-, . . i" i I . . . . . . . . . . ;'-~-i-"i". : :"",',', t i ; ; ; . . . . . , , t , . . , .... t ; . 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I , ; CITY of ANDOVER ANDOVER PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES MARCH 28, 1989 The regular meeting of the Andover Planning and zoning Commission was called to order by Chairman Becky Pease at 7:30 p.m., Tuesday, March 28, 1989 at Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners present included Chairman Becky Pease, Bill Bernard, Don spotts, d'Arcy Bosell, Gretchen Sabel, Bev Jovanovich. Also present were Jay Blake and Dave Almgren. APPROVAL OF MINUTES Commissioner Jovanovich had the following corrections for the minutes of the February 28, 1989 meeting. v - Page 2, under Public Hearing, second paragraph, second sentence, the phrase, "no movement in vehicles" should be revised to read "no movement of vehicles." - Page 4, third paragraph, last sentence from the bottom, the word "would" should be removed before recommendation. MOTION was made by Commissioner spotts, seconded by Commissioner Bernard to approve the minutes of February 28, 1989 as amended. All voted yes. Motion carried. Chairman Pease reviewed the procedures for holding a public hearing at the Andover City Hall. HEIDELBERGER: VARIANCE. 2052 BUNKER LAKE BOULEVARD Mr. Blake explained that the Heidelbergers were requesting a variance to allow the completion of a non-conforming garage currently under construction for the property at 2052 Bunker Lake Boulevard. He further stated that the structure was initially started more than 15 years ago and at that time no building permit was issued, thus making it an illegal structure. Mr. Blake also stated that because the structure is a residential structure in an industrial district, the use of the property is considered non-conforming. Q Mr. Blake commented that the City, under Ordinance #8, may grant variances if the strict interpretation of the ordinance will cause undue hardship to the property owner. The City o L L e. Andover Planning and Zoning commission March 28, 1989 Meeting Minutes Page Two Planner, after reviewing the request, felt that a hardship was not created in this situation as the mere location of the . building does not constitute a hardship. Also a hardship is not created by the unique physical features of the land as the owner located it improperly and, therefore, created his own hardship. Also Mr. Blake recommended that the land owner would not be precluded reasonable use of the property. Ms. Bosell expressed her disagreement in that this structure is an illegal structure, not a non-conforming structure. She also stated that the Planning Commission would then be looking at granting a variance from Ordinance 8, Section 9B relating to the construction of a structure without a building permit. Mr. Rick Heidelberger, 2052 Bunker Lake Boulevard, stated that he was the third owner of this property. His dad apparently started the building 15 years ago. Ms. Sabel asked if the building meets code. Mr. Almgren stated there is major work that needs to be completed before it would meet code. Mr. Heidelberger stated he would be willing to work with Mr. Almgren in getting whatever work done that is needed to bring this garage up to building code standards. Mr. Bernard asked why Mr. Heidelberger didn't do things properly and sooner? Mr. Heidelberger responded saying that he just didn't get around to it, he let things go too long, but that he now was willing to do things properly. Mr. Heidelberger expressed his interest in working with the City, instead of against it, as his father has done in the past. Mr. Bernard asked if it was possible to make this structure conforming. Mr. Almgren stated yes, but it would have to practically be rebuilt. Mr. Heidelberger stated he would do whatever was necessary to bring the structure up to code. It was Mr~ Almgren's feeling that the necessary steps should have been taken a lot earlier to work with the City in completing this project properly. Mr. spotts asked Mr. Heidelberger if the structure was completed. Mr. Heidelberger stated that the building was not wired as yet, but other than that it was done. ~ c ,0 ~. Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Three There was some discussion about the trusses used in the building. Mr. Heidelberger stated the trusses were 2 x 6 and 2 x 8 trusses. Mr. Almgren stated that the trusses were not certified for this particular use and did not meet code. Mr. Bernard had a concern on why it took so long for Mr.. Heidelberger to come to the City. Mr. Heidelberger stated he had a concern of approaching the City for a permit because of all the issues his father had been involved with in the City, and he admits that he probably took the wrong attitude at that time. A person from Osseo stated that he felt that because Mr. Heidelberger agreed to do whatever the City stated he needed to do to meet code, that the problem would be solved. Mr. Bernard asked if it might be a good idea to table this item to gather more information and take a look at the site. MOTION was made by Commissioner Bernard, seconded by Commissioner Spotts to table this item until the next Planning and Zoning Commission Meeting to be held on April 11th, 1989. 5 Yes votes, 1 No vote-Commissioner Jovanovich. Motion carried. PUBLIC HEARING: DOUGLAS LAWRENCE. REZONING R-4 to GB Mr. Blake presented the request for rezoning by Douglas Lawrence for the property located at 13311-13 Round Lake Boulevard. The proposed use would be for a convenience store/gas station/car wash. Mr. Blake stated that the property is surrounded by residential uses on all three sides. He also commented that the size and location of the property makes it a difficult parcel to develop. Mr. Blake outlined several items from the City's Comprehensive Plan which would affect this proposal. Ms. Sabel asked what the land use was on the Coon Rapids side. Mr. Blake stated that it is currently vacant and is scheduled-for a multi-family, residential-use district. Ms. Pease asked what would the access areas be if this project were to be done. Mr. Blake stated that the developer had planned to have one access directly onto Round Lake Boulevard located on the south side of the property. The preliminary design shows two accesses (in/out) on 133rd Lane. o L Andover Planning and zoning Commission April 11, 1989 Meeting Minutes Page Four Mr. spotts asked if there was a state law that addressed whether a tire had enough tread on it to deem it still usable. Mr. Ronchak stated that it is very difficult to determine what tires are reusable. He stated that there is a state law on this issue. Mr. spotts felt that too much was being read into this proposal. He stated that the ordinance addressed waste tires. The Planning Commission directed staff to survey some of the tire companies to determine the volume of tires to be used in this ordinance. MOTION was made by Commissioner Spotts, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council approval of the Ordinance 8, Section 3.02 Definition as presented, Section 7.04 Uses Excluded as presented, section 8.01 Exterior Storage as presented, except to strike the word "in" (following shall be allowed) . ~. Discussion: Commissioner Sabel asked about the issue Ron addressed regarding any tires not attached to a vehicle. Mr. Ferris agreed this would not include any tire attached to a vehicle. Mr. Vistad had a question on how this would affect tire swings. It was decided it would not affect them. Roll call: Vistad-no, Sabel-yes, spotts-yes, Ferris-yes, Pease-yes, Bernard-yes. Motion carried. commissioner Sabel still requested that Mr. Blake do the research that was asked earlier about the 250 tires. This item will go to the City Council on May 2nd. HEIDELBERGER. RICK AND MARIAN. VARIANCE Mr. Blake stated that this item is a continuation of the variance request of Rick and Marion Heidelberger at 2052 Bunker Lake Boulevard. The property has two uses on it -- it houses Mom's Auto Salvage and has a residential structure on it, along with the garage in question. The garage is considered non- conforming pursuant to Ordinance #8, Section 4.03, Subsections A and B, and Section 4.05, Subsection F. o c o G L e Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Five Mr. Blake stated that the strict interpretation does not cause practical difficulties and/or necessary hardships to the property owner, and that the mere location of the building does not constitute a hardship. Mr. Blake also explained that the garage is currently an illegal structure, built without a building permit. It was the staff's recommendation that the variance request to complete construction of a non-conforming accessory structure be denied. Mr. Blake also stated that he had spoken with Mr. Heidelberger this week, and he related that he would be very willing to work with the City to do whatever needs to be done to make the structure conform to code. Mr. spotts asked if in the future when Bunker Lake Boulevard is widened at that point, does Mr. Heidelberger have enough footage for both the principal structure and the garage. In Mr. Blake's discussions with Anoka County, the plans are for Bunker Lake Boulevard to be a four-lane road with turning lanes between Round Lake Boulevard and Hanson Boulevard. It is Mr. Blake's understanding, that the County will need 60 feet from the center of the existing road (the road is roughly 32 feet wide now). The plans for development from that area include a frontage road from Thrush Street all the way to Jay Street. Mr. vistad reiterated the fact that the garage was built as a non-conforming structure, with no building permit. Mr. Blake agreed that the structure was started and completed without any building permits, and that the roof of the structure does' not meet the state building code. Although, stated Mr.Blake, Mr. Heidelberger has agreed to redo the roof so it would meet the building code. Mr. Heidelberger stated that until the four-lane road is built, the structure on his property is well off the road, and does not create any hazard for anybody. Mr. ~istad asked if Mr. Heidelberger was aware that this was a non-conforming structure. He was aware that he did not have a permit to complete the structure. He feels that the building inspector doesn't have credentials to tell him how many pounds per square foot his roof can hold. Mr. Heidelberger stated again that he would do what needed to be done to make the building conform to code. e L Q Andover Planning and zoning Commission April 11, 1989 Meeting Minutes Page Six Ms. Sabel asked if a variance was granted for this project, would he plan to finish the other incompleted structures with variances also. Mr. Heidelberger stated he gave Mr. Blake a tour, and he proposed to tear down most of the other structures. Mr. Vistad stated that the party realizes he violated the ordinances and he's trying to bargain his way out -- Mr. Vistad did not think this was a proper way to handle things. MOTION was made by Commissioner Bernard, seconded by Commissioner Sabel that the Andover Planning and Zoning Commission recommends to the City council approval of the variance requested by Mr. Rick Heidelberger, 2052 Bunker Lake Boulevard for the fOllowing reasons: A hardship was created due to the fact that the concrete footings and walls were there before he took possession of the land and that it would not adversely affect the existing or adjacent lands, and the fact that when the road is widened, if it takes the house, it will take the garage structure at the same time. Discussion: Mr. spotts would like included in the motion th~ fact that this structure is illegal pursuant to Ordinance 8, Section 4.05, Subsection F; also there was no building permit obtained according to Ordinance 8, Section 9 (B); section 4.03, Subsection B states that no structural alteration shall be made to a non-conforming structure; also there is a violation of Section 4.03, Subsection A in that a structure that was non- conforming is still in continuation today. Mr. Bernard has an addition to his motion to state that Mr. Rick Heidelberger would make arrangements with the appropriate architect and engineers to build a structure that meets all the building code requirements. The maker of the motion and the seconder agreed to including these additions into the motion. Mr. Ferris made the comment that he did not understand what the hardship was in this case. Mr. Bernard stated that footings and walls was put in 15 years ago, before Mr. Rick Heidelberger owned the" property. He took over ownership of the property after this structure had already been started. Mr. Ferris was also concerned about the number of ordinance violations that have taken place on this property. Mr. Vis tad asked how the City could expect any other citizen to abide by the City's building codes or ordinances, and by approving this item, they are totally meaningless. o c L ~ Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Seven Ms. Pease asked if double fees would be charged because a permit was not obtained. Mr. Blake stated yes, they could charge double fees. She also asked\if the building permit could be issued if the variance granted to bring the building up to specifications. Mr. Blake stated that all the plans and specifications would have to be approved by the building inspector. There would have to be variances for setback of building, a variance that it is a non-conforming building that is being completed and life of the building is being prolonged, and a variance to the fact that he did obtain a building permit. This would allow Mr. Heidelberger to get a building permit after the fact. Mr. Vis tad referred to Section 5.04, Variances and Appeals, where it is stated that hardships or difficulties must have to do with the characteristics of the land and not the property owner. Mr. Vistad doesn't feel the hardship, as Mr. Bernard previously stated in his motion, is a consideration in this case. Roll call: Sabel-Yes, Bernard-Yes, Spotts-Yes, Ferris-No, Vistad-No, Pease-Yes. Motion carried. This will go to the City Council on May 2nd. Mr. Spotts stated that he would like some of the stipulations to come from Mr. Heidelberger, and not the City Council. Mr. Vistad wanted the following statement included for the record and for the City Council to review: He feels if the City Council passes this, because there are so many gross violations, it would be a true indication of setting a precedent in our community that would make our building requirements, permits and ordinances a total sign of worthlessness. RECESS The Planning Commission recessed at 9:00 p.m. and reconvened at 9:10 p.m. ORDINANCE-'8 AMENDMENT. VEHICLE WASH ESTABLISHMENTS Mr. Blake explained that this item was a continuation of the discussion regarding the amendment to Ordinance 8 that would allow vehicle wash establishments by Special Use Permit in a Neighborhood (NB) District. o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -89 A RESOLUTION APPROVING THE VARIANCE REQUEST OF RICHARD AND MARION HEIDELBERGER TO ALLOW THE COMPLETION OF NON-CONFORMING ACCESSORY STRUCTURE IN FRONT OF THE PRINCIPAL STRUCTURE, ON PROPERTY DESCRIBED AS THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA WHEREAS, Richard and Marion Heidelberger are property owners at 2052 NW Bunker Lake Boulevard and are requesting a variance to allow the completion of a non-conforming accessory structure in front of the principal structure, and WHEREAS, the accessory structure was initial started without proper building permits more than fifteen years ago by the previous land owner, and WHEREAS, the accessory structure was placed four feet in front of the existing principal structure approximately 86 feet from the property line, and WHEREAS, a roof was added to the structure within the past two years, again without proper building permits and approved plans, and WHEREAS, the applicants wish to use the structure for the interior storage of their own personal vehicles and not the storage of junk vehicles associated with the auto salvage business also located on the property, and WHEREAS, the Andover Planning and Zoning Commission reviewed the proposal at their March 28, 1989 and April 11, 1989 meetings, and WHEREAS, the Andover Planning and Zoning Commission held a public hearing, no opposition to the proposed variance was heard, and o WHEREAS, the applicants have agreed to have the roof trusses designed to meet all State Building Code requirements, and WHEREAS, the applicants have agreed to continue to clean up the ~ront portions of Mom's Auto Salvage Yard and the residential property, and WHEREAS, the applicants have agreed to obtain all building permits and schedule all appropriate inspections during the reconstruction of the building, and o o Page 2 Heidelberger Variance May 2, 1989 WHEREAS, the unique topography of the property screens the proposed building and the completion of the building will have no detrimental effect on the surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Andover approves the variance requested by Richard and Marion Heidelberger to allow the completion of a non-conforming accessory structure in front of the principal structure. Adopted by the City Council of the City of Andover this 2nd day of May, 1989. CITY OF ANDOVER ATTEST: Michael Knight, Acting Mayor Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO, DATE ORIGINATING DEPARTMENT May 2, 1989 Discussion Items Engineering ~~ ITEM NO, . Echo Hill preliminary Plat BY: Todd J. Haas The City Council is requested to review and approve the preliminary plat, grading and drainage plan per Ordinances 8 and 10 as requested by Mr. Robert Heliker, owner and subdivider of the property. The Andover Review Committee (ARC) has reviewed the preliminary plat, grading and drainage plan. Their comments are as follows: GENERAL COMMENTS *The proposed preliminary plat is currently zoned R-1, single family rural, minimum area of 2.5 acre lots. *The proposed subdivision consists of 12 single family rural residential lots. The following comments are per the preliminary plat checklist (Ordinance 10): 8.01 IDENTIFICATION AND DESCRIPTION a. Proposed name is Echo Hill. d. Scale is 1~ = 100'. g. The preliminary plat was prepared by Caine & Associates. Grading and drainage plan is part of the preliminary plat and was prepared by Larry Winner. 8.02 EXISTING CONDITION a. Total acreage is 42.3. COUNCIL ACTION MOTION BY TO SECOND BY ,l.. Page Two Echo Hill Preliminary Plat 4:) May 2, 1989 c. The existing zoning within 300 feet of the proposed plat has been shown. d. Location and names of existing streets, platted streets, section lines and easements have been shown. The existing building/structures have been shown on the plat. In Phase II, the Planning and Zoning and Building Departments are concerned about the existing pole barn and the 2 existing garages which are located in the front of existing homes in Lots 2 and 3 of Block 1. f. Location of existing telephone, electric culverts, street right-of-way and surface type have been shown on plat. The gas service that is shown in Phase II will need to be relocated when the construction of the 168th Lane begins. Relocation will be determined by City Engineer. j. Soil boring reports have been received. Lowest floor elevations have been adjusted 3 feet above the highest known water table. The surveyor has also noted on the plat that all lots are in compliance with Ordinance 10, 10M, Section 9.06 A(3) as amended. 8.03 DESIGN FEATURES a. The proposed right-of-way as indicated is 60 feet. The proposed naming of 168th Lane NW is per city grade. c. The plan and profile for 168th Lane NW have not been submitted for City review at this time. It will be necessary to submit plan and profile to the City Engineer prior to construction of 168th Lane NW. g. The setbacks for each lot are shown and are indicated properly per Ordinance 8. 8.04 ADDITIONAL INFORMATION a. Proposed density is 0.28 dwellings per acre. f. Floodplain Management is the Lower Rum River. The 100 year flood elevations have been shown as required. j. Total road mileage is 0.17 miles. 9.02 STREET PLAN o a. When the plan and profile have been submitted to the city, the minimum grade is 1%. c. Lots 1-5 of Block 1 of Phase I is fronting Valley Drive (Co. Rd. 58). The City and County have allowed these to front which were reviewed and approved at the sketch plan. Variance from t e Ordinance will be necessary. o o Page Three Echo Hill preliminary Plat May 2, 1989 9.03 STREETS g. The right-of-way has been extended to the west property line. A temporary turn around will be necessary until the property to the west develops. m. Driveway access shall be located 60 feet or more from the intersection. 9.06 LOTS a(3). Lots 1 and 4 of Block 1 in Phase II do not meet the requirement of 300 feet at the building setback line. It is recommended to eliminate one lot so the three remaining lots will meet this requirement. Mr. Heliker is asking for a variance for these two lots. It does not appear to be any hardship to allow for four lots along the north side of 168th Lane. e. The developer is responsible to obtain all necessary permits from the Watershed Organization, DNR, Corps of Engineers and any other agency that may be interested in the site. 9.07 PARKS, PLAYGROUNDS, OPEN SPACE Park dedication as determined by Park Commission. *The Planning and Zoning Commission has reviewed the preliminary plat and has recommended approval. See attached minutes. o o ~ '..... Andover Planning and Zoning Commission April 11, 1989 / Page Ten . . Roll call: Bernard-no, Spotts-no, Ferris-no, Pease-no, Vistad-yes, Sabel-no. Motion fails. This item will be forwarded to the City Council with a negative recommendation on May 2nd. ~ PUBLIC HEARING. ECHO HILL Mr. Haas stated that the Planning Commission review and the preliminary plat requested by Mr. Robert Heliker. Mr. Haas explained that the proposed preliminary plat is currently zoned R-l, single family rural, minimum area of. 2.5 acre lots. Mr. Haas commented that many variances from the ordinance would be required to approve this preliminary plat -- lots 1-5 of Block 1, Phase 1 would require variances as they front on arterial streets, lots 1 and 4 of Block 1 in Phase II do not meet the requirement of 300 feet at the building setback line and would need variances, and in Phase II, an existing pole barn and two existing garages are located in front of the existing home and would require variances. Chairman Pease opened the public hearing. Mr. Jeff Kane, surveyor for Mr. Heliker, stated he's brought in a number of plats that have had less than 300 feet frontage in a cul-de-sac, and almost every time they've been approved. Although Mr. Heliker is willing to extend the road to the property line, that would make the lot undersized, and feels this is a hardship. The City staff disagrees that this is a hardship. Mr. Vis tad asked why on Lot 4 went into Lot 3 at an angle, rather than running it straight back. Mr. Kane stated that Mr. Heliker it would be a very nice building site to overlook the valley. MOTION was made by Commissioner Sabel, seconded by Commissioner Bernard to close the public hearing. Mr. Ferris expressed his view that he would have trouble approving the plat, knowing that there were so many variances that would be needed. o . . .1anning and Zoning Commission ;, 1989 Meeting Minutes ,even :" -,:C' ,I .I /' MOTION was made by Commissioner vistad, seconded by ;mmissioner Bernard that the Andover planning and Zoning Jommission recommends to the city council approval of the preliminary plat for Echo Hills with the following legal description to be attached (that part of West Half of the Southwest Quarter of section 8 Township 32 Range 24 Anoka County, Minnesota lying westerlY of the center line of Valley Drive NW). A public hearing was held, and there was no opposition. The plat has been reviewed by the city Engineer and by the Anoka County Highway Department. This approval is subject to Park Board dedication fees being met. Variances are granted for Lot 1 and Lot 4 of Block 1, Phase II pursuant to Ordinance 8, section 6.02 on lot width on front setback line of 300 feet. Both of these will have less than 300 feet. A variance is gran4ed for 168th Lane right-of-way to be extended to the west property line. A variance is to be granted for the existing pole barn and the two existing garages located in Lots 2 and 3 of Block 1, and those are to be declared into non-conforming structures, where 'they could not be altered or added onto. A variance is granted for the driveways of Lot 1,2,3,4,5 of Block 1, Phase I pursuant to Section 8.03 _ fronting onto a County road. There is a hardship due to the topography of the land of Phase II concerning Lots 1,2,3,4 and because of existing property lines. Discussion: Mr. Vistad wanted to add to his motion a variance to be granted for Lot 4, Block 1, Phase II for the property line between Lots 3 and 4 to extend straight back, instead of angling. The maker of the motion and seconder agreed to this addition to the motion. Roll call: spotts-Yes, Ferris-No, Pease-Yes, vistad-Yes, Sabel-Yes, Bernard-Yes. Motion carries. This item will go to the city council on May 2nd. SKETCH PLAN: KIRBY ESTATES Todd Haas presented the sketch plan for the planning Commission to review by Kay and Wayne Olson, owner of the property. Mr. Haas stated that Kirby Estates is zoned in an R-4, single family urban district, with six lots are being proposed. He also stated that the City staff has been working with the developer and the city of Coon Rapids for the alignment of HUmmingbird street so there is a full intersection and for the development of a storm drainage pond which will be located in Outlot A of Kirby Estates. o o o ECHO HILL CITY OF ANDOVER COUNTY OF ANOKA DRAINAGE CALCULATIONS MARCH 23, 1989 Drainage Area for Swamp = 22.08 Acres 100 Year Rainfall = 6 inches for 24 hour duration . the time of a 100 year storm, the highest the 100 Year Flood Elevation could rise would be an elevation of 876.5 before it would overflow and flow'north in the 'County Road No. 58 west ditch to the creek. ~L.W~ LARRY L. WINNER, P.E. REG. NO. 12473 PHONE 507-433-2893 (ReSidence) 507-373-0689 (Office) ----- .---- r , '\ \ - I ":1 '>4.'Tt ~ , ~ ,/ "..72 ,.- . J/ '1 h 1fc.. I \ \ -' - /,,~'~""\,;;; . . / ~~.~t.. -I;'" /.... i' I, I \ \' ; I \ :.f . '-. ~- .,.....I.~ \ M '" 0- ~..,. " -,I '" r\~ J ( { \ :: /-- " I <:l 9- , "- "- " <.?,"l< '} \- ..., '-J , , . -""- " , -_.'~ -- .,.,.-r--_- ... . '.. --... CITY of ANDOVER PRELIMINARY PLAT APPLICATION \ Street Location of Property: I bf5'c;Jj j(;,.t. L.. r-:. y i'"'/kll/ E. Legal Description of Property: ---r;::{A, PA-/?' or-:- wFsT /-(ALF of 77(/..=- , ~ . So,/,I-IWESr'PUA-r.;' r6:A n F _ ')c:.c..r-IVI'I 8' .10 <<-UN S'lIrP ~.t';?' Pf,,':J./VGE.: , :;2..4 /LvvXA Cf'). /'4N. /...rIN.G WKsr~ L.,/ .of=" :D Oh ~u' I=V' ai/~JE... Property Owner: 7r;;r~'RI L /-IEt.JKE:f\ Address: /1-~f5b ,l ){LLEy" M4..J '/1-= \ Applicant :~p;~.f{r L ;-/FJ-.! Kt=(~ . - \ Address: ;t.,SO t{ '~LLt==: V (7~/I/E I Phone: L( zJ ~ ...3 (j-(j"L...-. Phone: L/.z../ ~ 3.~o-'Z-. Description of Request:' t15 0U/<;0/ t//I7,=- flY~ P16J5't..DENT/A6-.. , 0,.:; 1/ E/.-..O;.J )Y{E..Nr- Rezoning Request Required: Yes~ No~ Explain ~~- Fee: . Date paid'~- ~ - :;~ Receipt No:'~ 308-7Cj A.L' J f ;JiLL (Signatur~f Applicant) f- o ~/:.e..>1 J, .z=> / 1 ;Y? (Date) o CITY of ANDOVER . . 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City of Andover Planning and zoning Commission will hold a public hearing at 7:30 P.M., or as soon thereafter as can be heard, Tuesday, April ~1, 1989 at the.Andover City Hall, 1685 Crosstown Boulevard NW"Andover, MN to consider the preliminary plat of Echo Hill consisting of 12 single family residential lots as being developed by Robert Heliker on the property at 16804. valley Drive NW described as that part of the West 1/2 of the Southwest 1/4 of Section 8, Township 32, Range 24, Anoka County, Minnesota, lying westerly of the center line of valley Drive NW. ~ll opponents and proponents of said proposed preliminary plat will be heard at the above time and location. ,~u V~ctor~a Volk - City Clerk .- o Raymond Klenk Rt 1 Rush City, MN 55069 David Putnam 3864 - 169th Lane NW Andover, MN 55304 Walter Wojciak 3832 - 169th Lane NW Andover, MN 55304 o Randy Eisenbraun 3808 - 169th Lane NW Andover, MN 55304 city of Andover stephen Seymour 16925 valley Drive Andover, MN 55304 Thomas Kreiner 3761 - 169th Lane NW Andover, MN 55304 Kenneth Kobs 12179 Miss Blvd Champlin, MN 55316 R G Slinkman 16765 Valley Drive Andover, MN 55304 David Ostman 16891 Valley Drive Andover, MN 55304 Robert Slinkman 16765 Valley Drive Andover, MN 55304 John Boege 16731 Valley Drive Andover, MN 55304 Kenneth Kobs 12179 Miss Blvd Champlin, MN 55316 Michael Pendzimas 16721 Valley Drive Andover, MN 55304 Kenneth Kobs 12179 Miss Blvd Champlin, MN 55316 .. Kenneth Kobs 12179 Miss .Blvd Champlin, MN 55316 Kenneth Kobs 12179 Miss Blvd Champlin, MN 55316 Kenneth Kobs. 12179 Miss Blvd Champlin, MN 55316 Kenneth Kobs 12179 Miss Blvd Champlin, MN 55316 Kenneth Kobs 12179 Miss Blvd Champlin, MN 55316 Kenneth Kobs 12179 Miss Blvd Champlin, MN 55316 Kenneth Kobs 12179 Miss Blvd Champlin, MN 55316 Kenneth Kobs 12179 Miss Blvd Champlin, MN 55316 Kenneth Kobs 12179 Miss Blvd Champlin, MN 55316 Kenneth Kobs 12179 Miss Blvd Champlin, MN 5531~ Thomas Redmann 16541 Valley Drive Andover, MN 55304 Lester Hughes 16445 Valley Drive Andover, MN 55304 Lawrence Emmerich 16~.66 Valley Drive A~er, MN 55304 Lester Hughes 16445 Valley Drive Andover, MN 55304 Richard Snyder 16445 Valley Drive Andover, MN 55304 '....f......... ester'Hughes 6445 Valley Drive ndover, MN 55304 o almer Nelson 048 - 16Sth Avenue NW ndover, MN 55304 oseph Saba 032 Candlewood Drive rooklyn Park, MN 55443 hilip Bynum 3818 valley View Drive ndover, MN 55304 Paul Zimmer 4045 - 165th Avenue NW ndover, MN 55304 Everett Matthes 4123 - 165th Avenue NW Andover, MN 55304 . o John Heinen 6370 - 143rd Lane Anoka, MN 55303 Anoka Ind Grain & Seed Second Ave N Anoka, MN 55303 David Szyplinski 3945 - 169th Lane NW Andover, MN 55304 Raymond Klenk Rt 1 Rush City, MN 55069 Paul Zimmer 4045 - 165th Avenue NW Andover, MN 55304 Lowell Jensen 4117 - 165th Avenue NW Andover, MN 55304 Wayne Coleman 4008 - 165th Avenue NW Anoka, MN 55303 Anoka Ind Grain & Seed Second Avenue N Anoka, MN 55303 Johnnie Tillery 3830 Valley View Drive Andover, MN 55304 Paul zimmer 4045 - 165th Avenue NW Andover, MN 55304 Lowel;L Jensen 4117 - 165th Avenue NW Andover, MN 55304 --- ~~:~~.: . " ._; o Regula~ City Council Meeting Minutes - July 5, 1988 Page 3 (Public Hea~ing/P~oJect 88-15, Unlve~sity Avenue, Continued) MOTION by Knight, Seconded by Elling, a Resolution o~de~ing the imp~ovement of st~eet const~uction, P~oJect 88-15 In the Unlve~sity Avenue, Constance Bouleva~d to 166th Avenue a~ea, and di~ecting p~epa~ation of final plans and specIfIcations, as p~esented. (See ResolutIon R150-88) DISCUSSION: The~e ~las some conce~n about app~ovlng thIs befo~e the easement th~ough the mItigated p~operty Is ~esolved. M~. Sch~antz stated this simply approves the plans and specifications, and the easements can be discussed again when the Council reviews those plans. MotIon carrIed unanimously. The Public Hearing closed at 7:56 p.m. * HELIKER SKETCH PLAN Afte~ discussing the p["oposed sketch plan, the developer and Council ag["eed the Enginee["s should t~y to elIminate the lot access onto 58 by puttIng In a cui de sac off the side road. It was thought anothe~ lot could be c["eated wIth that configuration as well sInce the pLoposed lots. aLe quIte la["ge. OtheL than that p["oposed change, CouncIl saw no .pLoblem with the sketch plan, ["ecommendlng the developer proceed to the PlannIng CommIssIon. INDIAN MEADOWS 3RD ADDITION PRELIMINARY PLAT MOTION by OLttel, Seconded by Elling, a Resolution approvIng the pLelIminaLY plat of Indian Meadows 3.d Addition as being developed by New Gene.atIon Homes In Section 19 32 24 as p.esented. <See ResolutIon R151-88) MotIon ca..led unanImously. APPROVE THE EAW FOR OLD COLONY ESTATES MOTION by OLttel, Seconded by Apel, that we app~ove the EAW fo. the plat of Old Colony Estates as presented. MotIon caL~Ied unanImously. REQUEST SPEED STUDY ON CROSSTOWN BOULEVARD MOTION by Elling, Seconded by KnIght, that we request the County to do a t~affIc studY on Crosstown Boulevard between 157th/PraILIe Road c:> and Andove~ Boulevard. Motion carried unanimously. .'1, ,.' : " .. ,.' , "- o Planing and Zoning Commission June 28, 1988 Meeting Minutes Page Four This plat is subject to park dedication fees as is determined by the Park Board' as we do not have a recommendation. The 100-year flood elevation of 864 should be stated on the plat. Also approval of this plat is subject to a drainage easement shown along the easterly lot lines of Lots 2 and 3 if the drainage easement is greater than the normal 10 feet in width. All voted yes. Motion carried. This item will go to City Council on either July 5 or 19. '}HELIKER SKETCH PLAN Anoka County received a letter. regarding highway access. The County stated in the June 14, 1988 letter that access for lot 1 is acceptable as shown at the north end of the lot. Access for Lots 2 and 3 are acceptable as shown on the common lot line. The County recommends access for lot 4 to be moved to the north end of .the lot and the access for lot 5 be located along the west side of that lot onto 165th Avenue. Wayne Vistad agreed with the recommendation from the County of Alloka. Ms. Bosell agrees that the Lot 5 should front on 165th and the driveway for that lot should be as far to the west as possible. The County also stated that the right of way is acceptable as shown being 60 feet from the genter line of the county highways. Ms. Bosell prefers the 11-lot drawing as the one that should be filed because it shows the road and could show Phase I and Phase II. The driveway locations would have to be changed because'of the County recommendations. Also lots 8, 7, 6, and 2 fall under the 2-1/2 acre dimensions. The Planning Commission agreed and recommended' to Mr. Heliker to use the l1-lot drawing and to make the corrections as noted showing Phase I and Phase II, and the making the change in driveway.iocations as indicated by the County. ALL-TERRAIN VEHICLE/SNOWMOBILE ORDINANCE PUBLIC HEARING. CONTINUED o Daryl Morey reviewed the changes proposed to theAll-Terrain Vehicle/Snowmobile Ordinance at the June 14, 1988 meeting. -j-CD a . ~~t";./~..r:I.,,;.'..'..:,:,'-' COUNTY OF ANOKA Department of Highways Paul K. Ruud. Highway Engineer 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520 . ~.;;-;;" --fii,~ -:; ';; :7" 'j'';' D ..~ ',\ ~'(l' ~ "J,;,;, " ~~6: [-" ...~ I, 1'\,!"'" ,;'I " ~ . ~~ dJ' ~ '\.::d ~~..:..,.,..~ ~.;. ~ r. ;1 ~ 1-'''-'''''-''''''.0'-- -1' .. ~ t. · ."lJ: II II\j 1 6 10!1a I' . . ~# .,.. . . ,_f".) . , 1 June 14, 1988 city of Andover 1685 crosstown Boulevard NW Andover, MN. 55304 Attention: Jim Schrantz CITY OF MmOVER Regarding: Sketch Plan for Robert Heliker Dear Jim: We have reviewed a sketch plan for Robert Heliker located at the intersection of Valley Drive and l65th Avenue in the City of Andover. Right of way is acceptable as shown being 60 feet from the centerline of the county highways. Access for Lot 1 is acceptable as shown at the north end of the lot. Access for Lots 2 and 3 are acceptable as shown on the Common Lot Line. Access for Lot 4 we would recommend being moved to the north end of the lot and the access for Lot 5 be located along the west side of that lot onto 165th Avenue. This is somewhat different than our normal recommendation as we normally recommend groupings of driveways just as shown on the plat. However, in this case the driveways for Lots 4 and 5 would end up in the right turn lane when county Road 58 gets reconstructed. Experience has shown that driveways in the right turn lanes cause problems and ultimately accidents. In an effort to make the accesses as safe as possible, we recommend this change for Lots 4 and 5 and feel that this is actually a better situation to have the extra access point as opposed to accesses in the turn lane. Thank you for the opportunity to comment and if you should have any questions, please feel free to contact me. Sincerely, 7;J2!?f~ o william A. Sironen, PE Assistant county Engineer - Administration .xc: County Surveyor Affirmative Action I Equal Opportunity Employer o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE PRELIMINARY PLAT OF ECHO HILL AS BEING DEVELOPED BY ROBERT HELIKER IN SECTION 8-32-24. WHEREAS, pursuant to published and mailed notice thereof, the Planning and zoning Commission has conducted a public hearing and reviewed the preliminary plat of Echo Hill; and WHEREAS, there was opposition or negative comments; and WHEREAS, the plat has been reviewed by the Andover Review Committee; and WHEREAS, the plat has been reviewed by the City Engineer and the Anoka County Highway Department; and WHEREAS, as a result of such hearing and review, the Planning and zoning Commission recommends approval of the plat citing the following: 1) Variance from Ordinance 10, Section 9.06 a(3) for lot width for Lots1 and 4 of Block 1 in Phase II as the lots do not meet the 300 foot requirement at the setback line. 2) Variance from Ordinance 8, Section 4.05 to be granted for the existing pole barn and garage on Lot 3 of Block 1 Phase II and for a garage in Lot 2 of Block 1 Phase II as the existing structures are located in front of the principal structure. 3) Variance from Ordinance 10, Section 9.02 C as Lots 1-5 of Block 1 phase 1 are fronting County Road 58 (Valley Drive). 4) Obtaining all necessary permits from the Watershed Organization, DNR, Corps of Engineers and any other agency that may be interested in the site. 5) Subject to park dedication as recommended by the park and Recreation Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Echo Hill. Adopted by the City Council of the City of Andover this day of , 19 o CITY OF ANDOVER ATTEST: Michael Knight Acting Mayor Victoria volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1989 ITEM NO, Ord. 8 Amendment ORIGINATING DEPARTMENT Planning ~ Jay Blake City Planner BY: FOR AGENDA SECTION. NO, D1ScusSlon Items REQUEST The Andover City Council is requested to review the following Amendment to Ordinance 8, Sections 3.02, 7.04 and 8.01 regarding the exterior storage of waste tires within the City of Andover. BACKGROUND The City currently has very limited controls over the accumulation of waste tires in both the junk yard areas and also in residential districts. As-part of the clean up efforts for the City, Mayor Elling has put forth the enclosed amendment to the Zoning Ordinance. The proposed amendment would: Define waste tires. Exclude the exterior storage of waste tires throughout the City. Allow the storage of up to 250 waste tires one any one property in the Industrial district. The Planning department, through its investigative unit, found that tire businesses deal with waste tires in several different ways. Most store them on the site and at a certain number or after a certain time period, the tires are hauled away by a licensed waste tire hauler. The number ranges from as low as 40 to as high as 1,000 tires stored on the site. The Planning Department believes that 250 tires is an appropriate number for waste tire storage in the Industrial District. COUNCIL ACTION MOTION BY TO SECOND BY Page 2 Ordinance 8 Amendment c:. May 2, 1989 PLANNING COMMISSION RECOMMENDATIONS The Andover Planning and zoning Commission reviewed the proposed amendment at their April 11, 1989 meeting. A public hearing was held and opposition was heard from the owner of one junk yard. The Commission heard testimony from the Minnesota pollution Control Agency that supported this effort to restrict the number of waste tires within the City. The Planning Commission recommended approval (5-yes, 1-no). o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 8 is hereby amended as follows: Section 3.02 Definitions Waste Tire: a tire that is no longer suitable for its original intended purpose because of wear, aamage or defect. 7.04 Uses Excluded In All Districts storage of Waste Tires In Industrial Districts: storage of more than 250 waste tires Section 8.01 Exterior Storage (C) Waste Tires No storage of waste tires shall be allowed in within the City of Andove~, exceit in Industrial Districts. In Industrial Districts, there shal be no storage of more than 250 waste tires at anyone time. All storage must be within a permanent structure. Businesses offering new or used tires for sale must store the inventory within a permanent structure. Adopted by the City Council of the City of Andover this day of , 1989. CITY OF ANDOVER ATTEST: Michael Knight - Acting Mayor Victoria Volk - City Clerk o (~"]I ,:':,:,."t'-..._,.,.~'::.: CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 ANDOVER PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES APRIL 11, 1989 The regular meeting of the Andover Planning and Zoning Commission was called to order by Chairman Becky Pease at 7:30 p.m., Tuesday, April 11, 1989 at Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners present included Chairman Becky Pease, Bill Bernard, Don Spotts, Wayne Vistad, Gretchen Sabel, and Ron Ferris. Also present were Jay Blake and Todd Haas. APPROVAL OF MINUTES This item was tabled until the end of the meeting as not everyone has had a chance to review the minutes. Chairman Pease reviewed the procedures to be used during the public hearing section of the meeting. HEIDELBERGER VARIANCE. CONTINUATION This item was tabled until Mr. Heidelberger would be present to discuss. PUBLIC HEARING ORDINANCE 8... AMENDMENT. WASTE TIRE STORAGE Mr. Blake stated that the Planning Commission was requested to review the proposed amendment to Ordinance 8 -- which would limit the exterior storage of waste tires throughout the City. He also explained that Mayor Elling had requested the issue of waste tires be re-examined by the Planning Commission. There apparently was a proposal in 1987 to limit the storage of tires, but the proposal was tabled, and no action was taken. Mr. Blake described the proposed amendment -- it defines waste tires, it excludes the exterior storage of waste tires throughout the City, and it allows for the storage of no more than 25Q,tires on anyone property in the Industrial District. Chairman Pease opened the public hearing. o Mr. Andy Ronchak, with the Minnesota Pollution Control Agency, gave a summary of the state Waste Tire Program. He stated that they do have a program governing the stockpiling of waste tires which starts at 500 tires per permit. Also, he mentioned that they have a permit-by-rule status which is essentially notification between 50 and 500, that doesn't require a permit process. o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Two He also stated that there .are quite a few exemptions from that permit rule. One of these exemptions was that if the tire dump existed prior to the PCA rules, they could be asked to be put on the abatement program or on the list of tire dumps to be cleaned up if they no longer want to be an active site. Mr. Ronchak stated that they work with places so that they have a regular collection system and no need to store any waste tires. Mr. Ronchak felt an ordinance, such as the one Andover is proposing, would greatly encourage these places to not have stockpiles in the future but to tap into a very extensive collection network that's already in existence. Mr. Ronchak reported that thePCA is trying to make an agreement with Cecil Heidelberger to move the trailers (with 17,000 waste tires) over to the existing shredder that's located on the Andover Tire Dump and to process those waste tires. He felt agreement with the other Andover sites would follow. He reiterated that the PCA permit program is designed for on~going tire generation. In summary, Mr. Ronchak did feel these ordinances should be specifically designed to close down the sites that do not need to stockpile the tires, and the ones that do need to stockpile them, to control them in the future very closely. Mr. Spotts asked if other communities are taking similar steps through stricter ordinances to alleviate the waste tire problem. Mr. Ronchak stated that the City of Andover was unique, and it's more on a county-wide basis that there are ordinances like this being presented. Because of the Andover Tire Dump, Mr. Ronchak felt that attention has been focused on the need to do something on not only a county-level, but a local level also. He stated, if there are specific concerns, they encourage local units of government to pass more strict ordinances that would address their particular problems; and they are definitelY in support of ordinances such as the one Andover is proposing. Ms. Sabel asked if the tires at Lou's Tire Town being abated. Mr. Blake stated that the property has been sold to new owners, and the owners are required to remove the tires before the completion of the purchase of the property can be transacted. o o Andover Planning and Zoning Commission April 11, 1989 Meeting Minutes Page Three Mr. Bernard asked who courtts these tires to determine whether a permit is needed or not. Mr. Ronchak stated that they know that 1,000 tires can fit on a semi-load, and 500 is about half that amount. Their estimating procedure is 10 tires per cubic yard. Mr. Bernard also asked why do these tires have to be stockpiled and handled two-three times. Mr. Ronchak stated that most of the facilities in Andover will not have enough tires to justifying'a $300,000 shredder. Mr. Ronchak also described other ways to economically reduce the size of the tire pile such as using a cutter, which could be very portable and run about $6,000 each. . . Mr. Blake stated that the intent of the' amendment was to eliminate exterior storage of waste tires throughout the City. Mr. Rick Heidelberger stated that the trailers were an effective and inexpensive way to store waste tires, and this alleviates the problem of having tires outside at all. He stated that he used to work for a firm as a driver hauling waste tires. When these trailers were full, he would drive them to a shredder, and it was a very effective way to handle the problem. Mayor Elling stated that ordinance before the Planning Commission was an amendment that he was proposing. He further explained that the 250 tires are only for those business that deal in tire sales, as Andover has no interest in storing tires, shredding tires, etc. There have been ramifications from the tire fire -- the FHA is even considering whether to back loans for houses in the Andover area. MOTION was made by Commissioner spotts, seconded by Commissioner Sabel to close the public hearing. All voted yes. Motion carried. Discussion: Mr. Vistad would like to find out from the actual businesses if 250 is a fair number to go by in the ordinance. Mr. Spotts if the information in the packet was ever previously approved. Mr. Blake stated that was only a draft, and never approved, and currently there is no ordinance. o Mr. Ferris stated the proposed amendment, while defining what a waste tire was did not define what is a reusable, resalable tire. He thought this definition should also be included to differentiate between waste tires and reusable tires, and that this would be especially important for enforcement o Andover Planning and Zoning commission April 11, 1989 Meeting Minutes Page Four Mr. spotts asked if there was a state law that addressed whether a tire had enough tread on it to deem it still usable. Mr. Ronchak stated that it is very difficult to determine what tires are reusable. He stated that there is a state law on this issue. Mr. Spotts felt that too much was being read into this proposal. He stated that the ordinance addressed waste tires. The Planning Commission directed staff to survey some of the tire companies to determine the volume of tires to be used in this ordinance. MOTION was made by Commissioner Spotts, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the city Council approval of the Ordinance 8, Section 3.02 Definition as presented, Section 7.04 Uses Excluded as presented, Section 8.01 Exterior Storage as presented, except to strike the word "in" (following shall be allowed). Discussion: Commissioner Sabel asked about the issue Ron addressed regarding any tires not attached to a vehicle. Mr. Ferris agreed this would not include any tire attached to a vehicle. Mr. Vistad had a question on how this would affect tire swings. It was decided it would not affect them. Roll call: Vistad-no, Sabel-yes, Spotts-yes, Ferris-yes, Pease-yes, Bernard-yes. Motion carried. Commissioner Sabel still requested that Mr. Blake do the research that was asked earlier about the 250 tires. This item will go to the City Council on May 2nd. HEIDELBERGER. RICK AND MARIAN. VARIANCE Mr. Blake stated that this item is a continuation of the variance request of Rick and Marion Heidelberger at 2052 Bunker Lake Boulevard. The property has two uses on it -- it houses Mom's Auto Salvage and has a residential structure on it, along with the garage in question. The garage is considered non- conforming pursuant to Ordinance #8, Section 4.03, Subsections A and B, and Section 4.05, Subsection F. o -r O ,.,....,...",,,.. '. '''(}\.... ..'\.... if C ;~'I .~:: \.- , . \f I!>,. y' ~'~ :, , ~~.:.:f..;.:')t CITY of ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The planning and zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, March 28, 1989 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to consider an amendment to Ordinance 18 (The zoning Ordinance). The proposed amendment would prohibit the exterior storage of waste tires and limit the interior storage of tires. Interested parties of said proposal will be heard at the above time and location. (, ,.'u'Vb Vicki Yolk, city Clerk c ~~. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1989 ITEM NO, 11. Rename Verdin Street BY: James E. Schrantz FOR AGENDA SECTION NO, ORIGINATING DEPARTMENT Discussion Items Engineering The City Council is requested to approve the ordinance naming relocated street from 139th Avenue to the south city limits, Crosstown Boulevard. The section between 139th Avenue and Bunker Lake Boulevard won't have any residents on it. Therefore, we may be able to leave the existing Crosstown Boulevard, still called Crosstown Boulevard with the existing addresses. The section from Bunker Lake Boulevard to the south city limits where it runs into Coon Creek Drive in Coon Rapids will be renamed from Verdin street to Crosstown Boulevard. We have some concerns about the confusion of Coon Creek Drive with our South Coon Creek Drive. But, as long as it is Coon Creek Drive in the City of Coon Rapids it shouldn't give us a great deal of problems. This naming will be similar to East River Road, as an example. East River Road ends at Coon Rapids Boulevard and is Coon Rapids Boulevard until it gets to the City of Anoka, and then it becomes East River Road again. It is not necessarily an uncommon situation where each city is somewhat parochial and want their own names. Crosstown Boulevard then will be a continuous road from our south city limits all the way northeast to our city limits continuing through Ham Lake on over to Highway 65 and beyond. We hope to have County Road 18 open this fall. Therefore, I'd like to have the street now named Crosstown Boulevard so we can get it signed and be ready for the grand opening. COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1989 DATE AGENDADSECTION . Items NO. lSCUSSlon OBlGINATING DEPARTMENT Plannli'ig BY: APPROVED FOR AGENDA ITEM NO, . Commercial Lot Sale BY: REQUEST The Andover City Council is requested to review the following purchase agreement for a lot in the Andover Commercial Park: LOT PURCHASER Lot 3, Block 2 Jim Kuhlmey The agreement has been reviewed by Attorney William Hawkins. The signed agreement and $1,000 deposit were sent by Mr. Kuhlmey and should be received by the City Attorney prior to the Council meeting. Copies will be available at that time. Mr. Kuhlmey will be at the meeting to answer any questions you might have. MOTION BY TO COUNCIL ACTION SECOND BY o Legal Description Sale price warranty Taxes and Special Assessments o PURCHASE AGREEMENT Received of James Kuhlmey, Buyer, the sum of One Thousand and no/100 ($1,000.00) Dollars as earnest money and in part payment for the purchase of property situated in the Andover Commercial Park in the city of Andover, County of Anoka, State of Minnesota. Lot 3, Block 2, Andover Commercial Park, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. Thirty Thousand Four Hundred Twenty and no/100 ($30,420.00) Dollars, which Buyer agrees to pay in the following manner: Earnest money paid herein: One Thousand and no/100 ($1,000.00) Dollars, and Twenty-nine Thousand Four Hundred Twenty and no/100 ($29,420.00) Dollars on or before June 1, 1989, the date of closing. Subject to performance by the Buyer, the Seller agrees to execute and deliver a warranty Deed conveying marketable title to said property, subject only to the following exceptions: 1. Building and zoning laws, ordinances, State and Federal regulations; 2. Restrictions relating to use or improvement of the premises without effective forfeiture provision; 3. Reservation of any minerals or mineral rights to the State of Minnesota; 4. utility and drainage easements which do not interfere with present improvements. The parties hereto agree that the real estate taxes due and payable in the year 1989 shall be prorated to the date of closing based upon a calender year. Buyer shall pay all of the taxes due and payable in 1990 and all years thereafter. Seller shall pay all levied and pending special assessments due against the property at the date of closing; except that Buyer shall be responsible for all water and sewer connection charges which the City collects at the time of issuance of a building permit. o Addi tional Terms and Contingencies Possession Ti tle Default Survivability o Closing This agreement is contingent upon the following items: Acceptance by the City Council of Andover. In the event that the City Council has not accepted this agreement and authorized the execution hereof by the mayor and clerk within forty-five (45) days after the execution of this agreement by the Buyer, this agreement shall be null and void. The Seller further agrees to deliv~r possession not later than the date of closing provided that all conditions of this agreement have been complied with. Seller shall, within a resonable time after acceptance of this agreement, furnish an Abstract of Title, or a Registered Property Abstract, certified to date to include proper searches covering bankruptcies, State and Federal judgements and liens. Buyer shall be allowed ten (10) business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. If any objection is so made, Seller shall be allowed one hundred twenty (120) days to make title marketable. pending correction of title, payments hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice to Buyer, the parties shall perform this agreement according to its terms. If title is not corrected within one hundred twenty (120) days from the date of written objection, this agreement shall be null and void, at option of Buyer, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. If title is marketable or is corrected within said time, and Buyer defaults in any of the agreements herein, Seller may terminate this agreement, and on such termination all payments made hereunder shall be retained by Seller, as its interest may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance is commenced within six (6) months after such right of action arises. In the event Buyer defaults in his performance of the terms of this agreement, and Notice of Cancellation is served upon the Buyer pursuant to MSA 559.21, the termination period shall be thirty (30) days as permitted by Subdivision 4 of MSA 559.21. The provisions of this purchase agreement shall, to the extent applicable, survive the closing. The closing shall take place on or before June 1, 1989. Buyer is hereby accorded the privilege of closing at an earlier time upon ten (10) days written notice to Seller. o The delivery of all papers and monies shall be made at the office of: William G. Hawkins Burke and Hawkins 299 Coon Rapids Blvd., *101 Coon Rapids, MN 55433 Seller We, the undersigned, owner of the above land, do hereby approve the agreement and the sale thereby made. Dated: , 19 CITY OF ANDOVER By Mayor By Clerk Buye r . I hereby agree to purchase the above property for the price and upon the terms above mentioned, and subject to all conditions herein expressed. Dated: , 19 James Kuhlmey o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2. 1989 FOR AGENDA SECTION ORIGINATING DEPARTMENT NO, Discussion Items Planning Blake {, ty ITEM 13. NO. Compo Plan Process Jay Planner BY: REQUEST The Andover City Council is requested to review the following proposed process for the revision of the City's Comprehensive Plan. I would like to utilize existing Commissions and Committees as lead planning groups for the Comprehensive Planning process, including, the Planning and Zoning Commission, Park and Recreation Commission, Economic Development Committee, Road Committee and the Hazardous Waste Committee. To select a consultant to assist the City I believe that we should send Request for Proposals to reputable planning firms around the State. A selection committee made up of the Planning Commission and City Council members should then interview prospective consultants and make a recommendation to the City Council on which consultant will best suit the needs of the City. I have included for your ~eview the basic information sheet for the Request for Proposals that will eventually be mailed to planning consultants, a flow chart that outlines the process and working relationships and a time line for the planning process. These are presented for discussion purposes. Please provide any additional information and suggestions either by phone prior to the Council meeting or at the meeting. COUNCIL ACTION MOTION BY TO SECOND BY o Page 2 Compo Plan Process May 2, 1989 The following time line will better illustrate the process: DATE EVENT June 1, 1989 RFP Sent to Consultants July 1, 1989 July 10-15, 1989 July 25, 1989 August 1989 September 1989 - January 1990 Proposals Due Consultant Interviews September 1990 October 1990 - January 1991 February 1991 City Council Chooses Consultant Planning Process Begins Periodic Plan Reviews by the City Council Draft Plan Complete Metropolitan Council Review Plan Adopted o o CITY OF ANDOVER ITEM: Request for proposals for the update of the City's Comprehensive plan and Development Framework. BACKGROUND: The City of Andover is a rapidly growing suburb of 14,000 people 20 miles north of the Twin Cities in Anoka County. The City has a unique mix of rural and urban uses that requires additional sensitivity for planning and guiding growth. EXISTING COMPREHENSIVE PLAN: The Andover Comprehensive Plan and Development Framework was completed in July of 1980 and finally adopted in 1982. Significant changes in the growth patterns for the City have occurred. In addition, environmental issues have become a greater concern for area residents. GROUP PLANNING PROCESS: The City's Planning and zoning Commission will play a significant role in the development of the new Comprehensive Plan. Additional emphasis will be placed on neighborhood planning. Several advisory committees including: the Andover Economic Development Committee, Road Committee and Hazardous Waste Committee will play key roles in the development of the Comprehensive plan. City Staff will provide necessary assistance to the consultant through graphics, research and coordination. TIME FRAME: The City will begin the planning process in July of 1989 and the proposed completion date in July of 1991 (including Metropolitan Council review and approval) INFORMATION REQUIRED: The consultant is required to submit the following information: Company Background - provide relevant planning and consulting experience, staff experience and related personnel information and other related information. proposed Scheduling - Describe the company's plans for meeting schedules, number of meetings ~Qd related deadlin~s. Budget Information - A detailed breakdown of costs including: staff, transportation, duplication costs and payment -scheduling. The proposal should be received by the City on or before June 30, 1989 at the following address: o City of Andover 1685 NW Crosstown Boulevard Andover, MN 55304 Attn. Jay Blake, City planner .-1." o '"},K){?f~d ..flo4'7W/g J1r13(! ?V77 ~/d ?nJtf,.fr{'d.II1oW1() ~MDPtI/J --c J -\- c:' ~ ~ (\...n-- 1'~ i ~ t1 ~~ \- ~~ ~ 1;' ~ ~ -.::: ~ i~ ~ 1!: ~ 1 ~~ o;:~ ::; \\) $~ *~ "I i ~ '{.. ~ <:J r71(l?2' ':>'1I-I-?Jne/ ~/(I;Y W21fl'J ('7I1I?J Vo'''J'I'''''''<o (,"'fW2''''' (v/VrnJld rt'1iJfI/3t/ 7ttJ/-1~W.Q) )'Q'IO"l"+, J'''~'lJ At-r) ......... - . " ~ ""l V ~ -l Vl ~ C' 0.~ ~ .3 J 0 ~ ~~ a 1\I - \.) '= ...... ':2 - ~ - 0 ~ -{.. ~ '" .s: .... (j ~ t <;::: ~ ~ d ~ '\.3 0 ~ ~ -+ j ~ l J VJ -f - u o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Staff, Committee, ITEM NO. Item 14 DATE May 2, 1989 ORIGINATING DEPARTMENT Administration BY:Victoria Volk The City Council is requested to approve the attached resolutions dealing with sanitary sewer hookups. 1. This resolution will give the owners in The Oaks, Woodridge Acres and Shady Knoll until May 2, 1990 to connect to the city sewer. This resolution should have been adopted when the project was done pursuant to Ordinance 32, Section III B. 2. This resolution is for future projects. Those owners will have one year after completion of the project to connect to the sanitary sewer. MOTION BY TO COUNCIL ACTION SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION SETTING THE TIME LIMIT FOR CONNECTION TO THE CITY SANITARY SEWER SYSTEM CONSTRUCTED UNDER PROJECTS 87-4, WOODRIDGE ACRES; 87-7, SHADY KNOLL; AND 87-29, THE OAKS. WHEREAS, Ordinance No. 32 provides for the City Council to set the time limits for properties with conforming private waste disposal facilities to connect to the public sanitary sewer; and WHEREAS, the City Concil feel~ there should be a period of time prior to the date for which assessments are collected for the property owners to connect to the public sanitary sewer; and WHEREAS, sanitary sewer became available for connection by the property owners on WHEREAS, assessments for the improvements were levied on .September 8, 1988. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby establish the deadline for connection to the public sanitary sewer by property owners with conforming private waste disposal facilities, as May 2, 1990. Adopted by the City Council of the City of Andover this day of , 1989. CITY OF ANDOVER Attest: Michael Knight, Acting Mayor victoria volk, City Clerk o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION SETTING A TIME LIMIT FOR CONNECTION TO THE CITY'S SANITARY SEWER SYSTEM. WHEREAS, Ordinance No. 32 provides for the city Council to set the time limits for properties with conforming private waste disposal facilities to connect to the public sanitary sewer; and , WHEREAS, the City Council feels there should be a period of time prior to the date for which assessments are collected for the property owners to connect to the public sanitary sewer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby establish the deadline for connection to the public sanitary sewer by property owners with conforming private waste disposal facilities as one year after the completion of the project. CITY OF ANDOVER Attest: Michael Knight, Acting Mayor Victoria Volk, City Clerk o V. "Storm Drain" (sometimes termed "storm Sewer") shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source. W. "Easement" shall mean an acquired legal right for the specific use of land owned by others. X. .City" shall mean City of-Andover. SECTION II. USE or PUBLIC SEWERS REQUIRED. A. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Andover or in any area under the jurisdiction of said City, any human or animal excremen~, garbage, or objectionable waste. . B. It shall be unlawful to discharge to any natural outlet within the City of Andover, or in any area under the jurisdiction of said City, any wastewater or other polluted waters. C. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City, is hereby required at the owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this ordinance within sixty (60) days after date of due notice to do so. D. Discharge of wastewater into building sewers and sanitary sewer system shall be in conformance with the Metropolitan waste control Commission rules and regulations. SECTION III. EXISTING WASTEWATER DISPOSAL. A. Where a public sanitary sewer is not available under the provisions of Section II C, the building sewer shall be connected to a private wastewater disposal system complying with the Minnesota state Plumbing Code and the provisions of the City Private Wastewater Disposal Ordinance. B. At such time as public sewer becomes available to a property served by a non-conforming private wastewater system, a direct connection shall be made to the public sewer within thirty (30) days. At such time as a public sewer becomes available to a property owner served by a conforming private wastewater disposal system, a direct connection shall be made to the public sewer within a period of-time as determined by Council resolution. Immediately upon hook-up to the public system, any septic system, cesspool or similar private wastewater disposal facility may be required, at the discretion of the Building Inspector, to be clearted of sludge, collapsed and backfilled with a suitable granular material. (6-1-82) o If such connection is not made pursuant to this ordinance, penalties shall be levied in an amount set by Council resolution. (5-29-85) Page 3 ~ o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1989 AGENDA SECTION, NO. D1Scusslon Items ORIGINA:rING DEPART{f}Nji, ~ . Plannlng ~UA.J ~ Cindy DeRuyter BY: Recycling Coodinator FOR ~5.M City Clean-up Day REQUEST The Andover City Council is asked to ~eview the possibility of having a city-wide beautification day: This day could be on Saturday, July 15, 1989. BACKGROUND Andover has not had a city-wide clean up day before. Since the fire at the former Tonson site, the residents of Andover have become very cognizant of how Andover is perceived. Many residents are asking for a cleaner Andover. Consideration of what materials will be taken must be made. Possibilities are: waste tires, hazardous waste materials, recyclables, major appliances, junk wood, etc. Some other communities in Anoka County have had similiar projects, including the City of Ramsey. As their residents are becoming more and more accustomed to their clean-up efforts, they have begun to look forward to their clean-up days. This can happen here in Andover. OPTIONS The date of the clean-up day needs to be considered. Ideally, this would have been in April or May. Jim Gromberg of Ramsey was consulted and he suggested that we needed about three months lead time. July 15 has been suggested as a possible date, because of the July 4th-8th hoiday week preceeding it and the July 22nd City Celebration the following weekend. Some Funds for this kind of project would be available through the recyling budget. MOTION BY TO COUNCIL ACTION SECOND BY ieL o Page 2 Clean-up day memo May 2, 1989 RECOMMENDATIONS For the clean-up day to be a success, the support of the entire city is necessary. The staff recommends that the City Council designate July 15th as Andover's First Annual Beautification Day. City Council is also asked to authorized the use of recycling funds for this project. o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO. 16. Curbside Recycling DATE May 2, 1989 ORIGINATING DEPARTMENT Plan~ ~ Cindy DeRuyter BY~ec clin Coordinator AGENDA SECTION NO. Discussion Items REQUEST The Andover City Council is asked to review the possibility of having Ace Solid Waste Management, Inc. start curbside recycling for their customers. Mr. Dean Warden of Ace is here to tell of how he could implement these plans. BACKGROUND The State of Minnesota and Anoka County wants all the cities to meet a reduction of volume of trash that goes to the new RDF plant in Elk River. Ace is willing and ready to pick-up recyclables from his customers. Ace services 2665 homes in Andover. MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1989 DATE AGENDA SECTION . NO. Starr, Comml ttee, Commission ORIGINATING DEPARTMENT Engineering APPROVED FOR AG ITEM NO. steve Kunde/Oak Wilt BY: James E. Schrantz BY: The City Council is requested to consider a Diseased Tree Program. Ray and I met with Steve Kunde who is a graduate forester. He has helped a number of cities develop long term tree disease programs. He has recommended that the City of Andover set up a Tree Board to look at Andover's diseased tree problems, seeing that Anoka County has experienced such a high degree of Oak Wilt and Dutch Elm diseases. He also recommends that we have a woodland protection ordinance that will discuss tree disease, construction damage, and a fee schedule to help finance a disease prevention program. If the City Council is interested in this type of program, it may serve the City well to take proposals to discuss this with other people that would offer the same service. We possibly could look into working with other communities within Anoka County. Currently, Mr. Kunde is working with the City of Blaine. They will be flying the city to locate the oak wilt and dutch elm and establish control areas. There may be areas in the City that are out of control that we would not be able to prevent further spread of the damage or the disease. There are costs for this program, of course. I believe that the funding for this program would have to be financed from some type of a fee schedule. Maybe a fee schedule that's associated with the improvement projects - if someone is platting land that there be a fee where we would monitor the construction, monitor the tree damage, help them with their construction methods so that they don't do damage to the trees, educate and inform them. Also, the Council may want to set aside in next year's budget some part of a mil in order to have funds to look at the disease problem in the entire city. COUNCIL ACTION MOTION BY TO SECOND BY e Forestry Consultants METRO OFFICE: 2201 NORTH LEXINGTON AVE ROSEVILLE. MINNESOTA 55113 488.7093. 825-3272 NORTH OFFICE: ROUTE 4. BOX 218 NORTH BRANCH. MINNESOTA 55056 April 27, 1989 City of Andover Andover, MN Dear Council Member, The City of Andover is experiencing a rapid increase in tree disease (primarily oak wilt) which is being fueled by the development of oak forested property. This development is and has been the driving force by which oak wilt has spread through the Northern Suburbs. With a conscientious and well planned forestry program the City can reduce the disease impact and begin to develop an Urban Forest with increased health, value, and long term growth. The Kunde Co. would like to assist the City of Andover in developing and establishing a comprehensive City Forestry Program. This type of program can be established over a number of years as the city grows and develops. The City needs a long term plan to be implemented over the next 5 years but also needs a short term plan which directly deals with the complexities and increasing spread of tree diseases. The following represents a brief outline with explanation of a few ideas which were recently discussed in a meeting with the City Manager, and Mr. Ray Sowoda. o MEMBER: Minnesota Forestry Association - Society of American Foresters - Minnesota Society of Arboriculture Internalional Society of Arboncullure . American Forestry Association o LONG TERM PLAN 1. Establishment of Tree Board. The establishment of a tree board is very important in recommending to the Council the goals and direction a program takes by gathering options and strategies through contacts with professionals in various fields. 2. Assess the needs and impacts of the following. Development - Establish woodland protection ordinances, Construction damage program. Disease Control - Establish guidelines, ordinances, and long term budget forecasts. Reforestation - Establish long term goals with respect to specie selection, landscape requirements on commercial property, and development of planting plans on city property and parks. Public Awareness -Establish a public awareness program to promote the Forestry and Parks program. 1989 It is possible for the City of Andover to begin the planning process for a forestry program in 1989. However the opportunity exists for the City to have a major impact on the future costs of the program by implementing several aspects of it at this time. 1. Initiate mapping of existing infection centers and any control work accomplished. The Dept. of Natural Resources has completed an initial mapping of major infection centers of oak wilt within the City. This information should be obtained and added to. Approximately 90% of future disease will occur within old infection centers. This can substantially reduce inspection costs. 2. Initiate tree disease control programs in development areas which are currently going through the planning and development process. The costs of control work is at least 10 times as expensive and much more difficult to control once housing appears. The development of 100 acres is dealt with at a fraction of the cost of that with 100 separate residences. o o o The initiation of this type of program can be contained within the developmen~~osts with no cost to the City. Although this requirement may cause some concern with the developer the overall impact can result in increased speed of sales and reduction in the developers liability. It should also be supplemented with positive public relations from the economic development committee. 3. Initiate construction damage prevention guidelines. Builders building on wooded property would be required to follow basic guidelines with respect to tree damage through building practices. Again these guidelines and requirements would prove beneficial in reducing disease spread and also reduce the liability builders face when trees later die because of construction damage. These few suggestions represent a number of very important areas in which the City could begin to implement a comprehensive forestry program. They are not complete and must be added to as time passes. Every Cities needs are different and the program must reflect that cities character and growth characteristics. Forestry Consultants METRO OFFICE: 2201 NORTH LEXINGTON AVE ROSEVILLE, MINNESOTA 55113 488-7093. 825-3272 NORTH OFFICE: ROUTE 4, BOX 218 NORTH BRANCH, MINNESOTA 55056 KUNDE co. CONSULTING FORESTERS EDUCATION S. KUNDE D. FITZPATRICK S. COOK. Bachlor of Science - College of Forestry - University of Minn. PROFESSIONAL MEMBERSHIPS Society of American Foresters Minnesota Forestry Association American Forestry Association Minnesota State Shade Tree Advisory Committee (Oak Wilt Subcomittee) Minnesota Society of Arboriculture International Society of Arboriculture Municipal Arborists and Urban Foresters Society PRESENT AND PAST CONSULTING CONTRACTS University of Minnesota Minnesota Dept. of Natural Resources Minnesota Dept. of Agriculture Minnesota Dept. of Transportation Metropolitan Wastewater Management Commission CDR Development Project OSM Consulting Engineers Minnesota Interstate Transmission Systems Williams Pipeline Forest Ridge South Development CITY CONTRACTS North Oaks Burnsville Wyoming Tonka Bay Lino Lakes Circle Pines Oakdale North Branch Forest Lake Inver Grove Heights Willernie Mahtomedi o MEMBER: Minnesota Forestry Association - Society ot American Foresters - Minnesota Society of Arboriculture International Society of Arboriculture . American Forestry Association o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1989 DATE Non-Discussion Items Engineering ~ BY: AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. Red Oaks Manor Final Plat Approval 18. BY: Todd J. Haas The City Council is requested to approve the final plat for Red Oaks Manor 6th Addition. The final plat is in compliance with the preliminary plat. The developer has paid in full the park dedication for the entire plat. It is recommended that the plat be approved subject to the following: 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if site grading is completed, a letter from the surveyor or the developer's engineer that lots and streets are graded according to the grading plan submitted to the City. 4. The final plat not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property (streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE FINAL PLAT OF RED OAKS MANOR 6TH ADDITION AS BEING DEVELOPED BY NORM HOLM AND ART RAUDIO IN SECTION 34-32-24. / WHEREAS, the City Council approved the preliminary plat of Red Oaks Manor 6th Addition; and WHEREAS, the developer has presented the final plat of Red Oaks Manor 6th Addition; and WHEREAS, the developer has paid in full the park dedication for the entire plat; and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Red Oaks Manor 6th Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if site grading is completed, a letter from the surveyor or the developer's engineer that lots and streets are graded according to the grading plan submitted to the City. 4. The final plat not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. BE IT FURTHER RESOLVED citing the following: 1. Variance from Ordinance 10, Section 9.03(g) for the length of the cul-de-sac which exceeds the maximum of 500 feet. Length is approximately 530 feet. 2. All lots access through interior City streets. o 3. Developer is responsible to obtain all permits. o o MOTION seconded by Councilman adopted by the City Council at a day of and , 19 Meeting this , with Councilmen favor of the resolution and Councilmen against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: voting in voting Michael Knight Acting Mayor Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1989 DATE AGENDA SECTION NO. Non-Discussion ..;;>. Award Bid/89-4/ Red Oaks 6th Items ORIGINATING DEPARTMENT Engineering APPR WE) FOR AGEN DJ ITEM NO. \ BY: James E. Schrantz BY: \ if The City Council is requested to approve a resolution awarding the bid to the lowest responsible bidder for Improvement Project 89-4, Red Oaks 6th Addition. This is a companion item with the approval of the plat for Red Oaks Manor 6th Addition final plat. The project should be awarded subject to an executed development contract between that developer and the City. Bids will be received Friday, April 28, 1989 at 9:30 A.M., therefore, the bid recommendation will be provided to the Council at the meeting on the 2nd. COUNCIL ACTION c MOTION BY TO SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 89-4 FOR WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER CONSTRUCTION IN THE AREA OF RED OAKS MANOR 6TH ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 059-89, dated April 4, 1989, bids were received, opened and tabulated according to law with results as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with in the amount of for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilman City Council at a and adopted by the Meeting this day of , 19 , with Councilmen voting in favor of voting the resolution, and Councilmen against, whereupon said resolution was declared passed. CITY OF ANDOVER James E. Elling - Mayor c:> ATTEST: Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1989 AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Engineering 1"'\ APPRq "'~ ~OR AGENIA \1 BY: ! J ITEM NO. ~v. Award Bid/88-1/ Crosstown Bridge BY: James E. Schrantz v The City Council is requested to approve the resolution awarding to the lowest responsible bidder for the bridge construction on Crosstown Boulevard. This is part of the overall project that we're doing under the Joint Powers Agreement with Anoka County from the Andover south City limits to 139th Avenue, relocated County Road 18. Bids will be received Friday, April 28, 1989 at 10:00 A.M., therefore, the bid recommendation will be provided to the Council at the meeting on the 2nd. o MOTION BY TO COUNCIL ACTION SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 88-1 FOR BRIDGE CONSTRUCTION IN THE AREA OF RELOCATED CROSSTOWN BOULEVARD. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 058-89, dated April 4, 1989, bids were received, opened and tabulated according to law with results as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with in the amount of for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilman City Council at a and adopted by the Meeting this day of , 19 , with Councilmen voting in favor of voting the resolution, and Councilmen against, whereupon said resolution was declared passed. CITY OF ANDOVER James E. Elling - Mayor ATTEST: Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1989 ITEM NO. Receive Petition/ Smith's Green Acres BY: Todd J. Haas AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Engineering The City Council is requested to receive the petition and order the preparation of a feasibility report for the improvement of storm sewer. The petition was sent to 4 of 6 lots on the north side of 141st Lane NW. All 6 lots are built on. staff talked with Bernice LeCuyer, the individual who circulated the petition. She is concerned about the ditch in the rear yards because she is saying she has no backyard. Other problems that have ocurred are: people dumping garbage into the ditch, debris filtering from the storm sewer pipe into the ditch, and children playing in and around the storm sewer outlet. See attached map of existing storm sewer. Mrs. LeCuyer indicated to staff that she and her neighbo:s on 141st Lane are willing to pay for the extension of the plpe to the end of Lot 6 if no other alternative can be reached to have lots outside this development help pay for the pipe. Also, Mrs. LeCuyer has indicated to staff that she would like to do the extension of the pipe herself. Staff has told her "no" because the City is concerned as to the bad soils in the ditch, the type of pipe that would be used, the connections of the pipe, the grade and size of the pipe, etc. The pipe is currently owned and maintained by the City. MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STORM SEWER, PROJECT NO. 89-14 IN THE SMITH'S GREEN ACRES AREA. WHEREAS, the City Council has received a petition, dated April 14, 1989, requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of ,19_ voting in with Councilmen favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael Knight - Acting Mayor Victoria Volk - City Clerk o ......."''''~... _~.l~!.."...... ........1 .. :Y CITY of ANDOVER Date: ~.14; ICj'){1 No. Gentlemen: . We, the undersigned, owners of real property in the following described area: I S m rH 5 (:; J2.EeN AC.R..E~ do hereby petition that said portion of said area be improved by Construction of City :5+ofLM $EWEI!!-. and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO x o This petition was cir~#d bY~/,,<':1 ~~ Address:C?J9/;J7- /ij/, ~tL- t:~t/~ cj " ~ t:= ~ " )c \at j ~~ ,-"- 'jf:-' . , ,. "ltl.",,", ".At""::l-Jl-/-/;F" //;'v -,_. I ~~~~ -~ ~Q ~~ 'T I , O' ~:D I 010 -;::; is g -= ~ -..ooz- I ::.ilil.?' .. ..:ooz- ..:,.-;. T- .-.... .. r -.iO . I ~o iO on ~?2 ~I ~ ~ ~O 0 0 ~(j) 2 " 0 ~g "l:.~ =~ ~~ .; <D 111 Ct) ~ . L.. ~ -. .. -I laJ .- -'fo 0 h ~~ ---g- '0 Q: .. 0:11- ~~ 2 i'~ g ~'" g g ~~ :~~~ ..- ~ ~ ."i \)~ -"- ;~ .. ~ ~~ 0 ~ ~. If) , .., '0 ~ ,." 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