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Home My WebLink AboutCC March 20, 2007 o 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763)755-8923 . WWW,CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, March 20, 2007 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (2/27/06 Workshop; 3/6/07 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Change Order #1!05-15/Andover Station North Ball Field Improvements - Engineering 4. Order Plans & Specs/05-61 (Crosstown Blvd. NW & Nightingale St. NW) & 06-50 (Crosstown Blvd. NW Trail) - Engineering 5, Order Plans & Specs/06-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (l60th Lane NW Cul-De-Sac) -Engineering 6. Approve Water Emergency & Conservation Plan/05-54 - Engineering o Discussion Items 7. Receive Anoka County Sheriffs Department Monthly Report - Sheriff 8. Consider Conditional Use Permit/Dry Cleaner/l 3783 Ibis Street NW - Planning 9, Consider 2008-2010 Urban County RequalificationlParticipation in HUD Programs - Administration 10. Consider Appointments/Coon Creek Watershed District Vacancies - Engineering Staff Items 11. Comprehensive Plan Update Progress Report - Planning 12. Subdivision Code Update Progress Report - Planning 13. Schedule Workshops - Administration 14. Administrator's Report - Administration Mayor/Council Input Adjournment o o CITY OF NDOVE (j) 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayor and City Council CC: '"", Jim Dickinson, City Administrato~ Vicki V olk, City Clerk '------J FROM: SUBJECT: Approval of Minutes DATE: March 20, 2007 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: o February 27, 2007 Workshop (Knight absent) March 6, 2007 Regular Meeting DISCUSSION Attached is a copy of the minutes for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, elL' ULb Vicki V olk City Clerk o 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 022 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 044 45 46 47 48 ANDOVER CITY COUNCIL WORKSHOP - FEBRUARY 27, 2007 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache, February 27, 2007, 6:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Ken Orttel, Julie Trude Mike Knight City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others YOUTH FIRST UPDATE Ms. Heidi Geiss of Youth First updated the Council on activities in Andover. Ms. Geiss stated they have offered five fee based sessions during the summer of 2006 and there was good attendance for those sessions. She noted that parents would like to see more activities in July and August rather than earlier in the summer. Ms. Geiss explained that in the fall they did school supply distributions with Laura Landes of the Sheriff's Department and the families were very receptive and grateful for the supplies. They have also been doing a monthly program at the Community Center this year. They applied for a grant through Target and received it. Councilmember Trude wondered when they are at the Community Center. Ms. Geiss indicated they are there one Wednesday a month. Ms. Geiss stated they have started a new relationship with Oakview School to get new kids to come to their programs. They are also developing some of the relationships with farmers in the community because they have migrants living on the farms. Councilmember Jacobson wondered how many people they have living on the farms. Ms. Geiss indicated there are thirty or forty kids living on the farms. Their goal would be to go in and help support the kids. Ms. Geiss stated they would like to partner again with Eric and the YMCA this summer. They would also like to have the middle school boys adopt a park this summer. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Andover City Council Workshop Minutes - February 27, 2007 Page 2 Councilmember Trude asked Kameron Kytonen if some of the middle school boys could help out with seedling give away at recycling day. Kameron Kytonen indicated this is something they could look at doing or they could do a tree planting after the give away is done. Councilmember Jacobson asked ifY outh First has contacted private schools. Ms. Geiss indicated they have not worked at a real relationship with the private schools. She stated it is her goal to enrich the middle and high school kids instead of babysitting them. The bus company has agreed to allow the kids to ride the activity buses home from Oakview School so they have a way home. DISCUSS IMPROVEMENTS AT CROSSTOWN DRIVE & CROSSTOWN BOULEV ARD/06-48 Staff has met with the Anoka County Highway Department to discuss potential safety improvements to the intersection of Crosstown Boulevard and Crosstown Drive. Mr. Berkowitz discussed some of the options with the CounciL Councilmember Orttel wondered what the status of the roads is and who owns them. Mr. Berkowitz showed on the map which roads the County has control of. Mayor Gamache asked if the long-range plan is to tie the Smith's Green Acre development together with the property to the north. Mr. Berkowitz stated when the north area starts to develop, they will need to look at a way to link them but there is a drainage ditch through part of the undeveloped area. Councilmember Orttel wondered how much of their problem would be resolved if they got rid ofleft turns from Crosstown Drive to Crosstown Boulevard. Mr. Berkowitz recommended restricting the left and through movement onto Crosstown Boulevard during peak traffic times. Councilmember Trude knew the people that live along Crosstown Drive are frustrated with all of the traffic. Councilmember Jacobson stated they should have a public neighborhood meeting for the people in the neighborhood to get ideas from them to see what they would like to have. Mayor Gamache wondered if the County would consider a light at that intersection. Mr. Berkowitz stated based on spacing guidelines, he did not think the County would allow it. A long-term solution would be a round-about. Councilmember Orttel stated if they reconstructed the existing road it may help. They could also lower the road to improve the sight lines. The problem with restricting at certain hours is that it would not make residents happy. Councilmember Jacobson wondered ifit would help to have a ninety-degree access off of Crosstown Drive instead of an angled intersection. Councilmember Trude stated she likes the idea of squaring off the road because it would be safer. o I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Andover City Council Workshop Minutes - February 27, 2007 Page 3 Councilmember Jacobson wondered what the cost would be. Mr. Berkowitz stated to reconstruct the intersection as shown in the staff report would cost $20,000. Councilmember Trude wondered if they could do a postcard or mail in suggestion from residents. Councilmember Jacobson thought it would be better to have a public meeting. Mr. Berkowitz stated they will set up a neighborhood meeting to get input from the residents. Councilmember Orttel stated they could put up "Local Traffic only" signs to try to help with the traffic. DISCUSS MONITORING WELL REQUIREMENT As part of the City's Water Emergency and Conservation Plan and for the City's Water Appropriation Permit, the DNR is requiring the City to provide a monitoring well near Bunker Lake to study if there is a direct correlation between pumping ground water from the aquifer to surface water elevations. Mr. Berkowitz discussed the information with the Council. Councilmember Jacobson asked if it is true that if they install the equipment for $10,000 to $12,000 they would not have to go to the DNR for permits for ten years. Mr. Berkowitz indicated that is correct and explained the reason. Motion by Jacobson, Seconded by Orttel, to authorize staff to use $10,000 to $12,000 to utilize the well at Bunker Hills Park. Mr. Berkowitz stated they originally looked at the shelter and now they think it might be a better option to use the gate house well because it is more visible and will fit in better at the park. The motion passed unanimously. DISCUSS EROSION CONTROL ORDINANCE The City of Andover is required to comply with the latest NPDES (National Pollutant Discharge Elimination System) regulations set forth by the Minnesota Pollution Control Agency (MPCA). One requirement as part of this program is to have an ordinance or other regulatory mechanism in place, which has language on erosion and sediment controls and sanctions for compliance. Mr. KameronKytonen, Natural Resources Technician, discussed the information with the Council. Councilmember Jacobson thought this was overly wordy and he indicated he marked it up a lot. He o I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Andover City Council Workshop Minutes - February 27, 2007 Page 4 suggested staff go through the changes and reword this to be brought back to them. He thought this was overly complex, overly long and brings in people they do not want to bring in, requiring the individual homeowner to do many things that they are not able to do. Mr. Berkowitz stated this is mainly used during construction, for developers, builders, and street construction work. Councilmember Orttel thought they could send this to the developers to get their opinions. Mr. Westlund stated he has a problem with this because they do not know who is responsible for this. Councilmember Jacobson thought this needs some rework before approval. Mayor Gamache liked Councilmember Orttel's idea about having some of the developers and excavators look atthis too. Mr. Berkowitz stated that staff would make revision and send a revised copy out to the Council and developers for comment. SINGLE FAMILY RESIDENTIAL RENTAL DISCUSSION Staffhas been following what the City of Blaine and other cities in the Metropolitan area are doing to regulate single-family residential rental units. Mr. Neumeister discussed the information with the Council. Councilmember Jacobson stated in looking at an ordinance, are they looking at code violations or renters who rent the homes or both. Mr. Dickinson thought the Council needs to figure this out. They do not regulate single-family rental residences; they only regulate a home if there are two or more rental units in a building to meet the current ordinance they have. If they do take on the single- family rental units, they need to find ways to seek them out. The question is to find out how they can do this. Councilmember Trude thought the problem is the party houses. Councilmember Orttel thought they need to find a way to get rid of those types of problems. Mr. Dickinson showed on the map where they have had problems in the City. Councilmember Jacobson thought they should look at their nuisance ordinance and see how they can use that better. Mr. Dickinson thought they could look at querying the addresses with the Sheriff to determine where they have had problems. Herb Blommel stated he looks to see how many problems are at a current rental and contacts the owner of the property to let them know the problems. The Council did not want to pursue single family homes being regulated, but wanted staff to look at wording in the nuisance ordinance to make it better. UPDATE ON CELL TOWERS IN PUBLIC PARKS o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 , 41 42 43 44 Andover City Council Workshop Minutes - February 27, 2007 Page 5 The City Attorney has explained his view on telecom antennas in public parkland. Mr. Neumeister reviewed the City Attorney's views and discussed the information with the Council. Mayor Gamache asked for staff to remove ''tower'' from this item and replace it with "antenna". The Council made suggestions to staff as to where they thought antennas could go. Mr. Dickinson questioned why they could not put up a monopole if they are going to take down the water tower in Rose Park. Mr. Dickinson stated the antennas could be a park use because the revenue from the antennas would be put back into the park fund for improvements and maintenance. Councilmember Jacobson thought an antenna could be put on Meadow Creek Church property. He noted he would contact Meadow Creek and propose this to them. DEER POPULATION SURVEY Before the City of Andover could get State assistance with a deer population reduction program, the City would need to verifY that they have an overpopulation of deer in parts of the City. Anoka County did this for Bunker Hills Regional Park. Mr. Neumeister reviewed the costs associated with a deer population survey done by the County. The Council was not interested in doing a deer survey at this time. REPEATED ZONING CODE VIOLATIONS Mr. Neumeister reviewed residential zoning code violations with the Council. The Council felt building or repairs need to be completed within one year of getting a permit and the ordinance should be changed to limit this to one-year completion. Mr. Dickinson stated one problem they have with going to court on these types of things is the judge will be sympathetic toward the homeowners. Councilmember Jacobson stated if the City gets more than three complaints, they should aggressively go after the party. Mr. Dickinson wondered if the Council wants to allow staff to go after a resident without a complaint. Councilmember Jacobson thought whoever saw the complaint should go to staff to see if it is feasible to contact the resident. o 1 2 3 4 5 6 7 8 9 10 11 12 ' 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Andover City Council Workshop Minutes - February 27, 2007 Page 6 Councilmember Orttel wondered ifthere could be an administrative charge other than the court fine. Mr. Neumeister stated the City Attorney indicated they would have to set up a fee for this. Mr. Dickinson stated they can set up an administrative fine. Orttel stated they should do this for offenders. Herb Blommel stated the home that has taken years to complete comes up as home maintenance and is not covered under anything. Councilmember Orttel thought they should make a residential ordinance for home maintenance limiting it at one year. Councilmember Trude wondered if they have anything in their code regarding fixing up a home after storm damage. Herb Blommel stated some of the homes are still working with their insurance comparues. Mr. Neumeister indicated they will also look into abatement of homes if things are not taken care of and modify the guidelines previously used by former staff to make it conform to what the Council currently wants. Councilmember Trude wondered if they could shorten the lawn cutting from twelve inches to a lesser amount. Councilmember Orttel thought they could discuss this at another workshop. COMPREHENSIVE PLAN UPDATE The City Staff have been diligently working on the update and have a brief report on the progress being made on a "draft" copy of the document. Staffwill continue to work on the "draft" and when it is in a form that looks like they would like, it will be presented to the Council at a workshop. Mr. Berkowitz reviewed the sewer plan with the Council. Councilmember Orttel stated they need to dig in their heels and tell the Met Council what they are going to do. Mr. Dickinson indicated they need to find out who is running the Met Council, the Planners or MCES, and why they want such large density. Mr. Berkowitz stated future population numbers are crucial at this point. Mr. Neumeister reviewed the items staff is working on for the Comprehensive Plan Update. Councilmember Trude wondered iftheir open space referendum will help with the Met Council. She thought they should build this up. Mr. Neumeister thought they still have enough medium and high-density areas undeveloped in the o I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Andover City Council Workshop Minutes - February 27, 2007 Page 7 City to pass with the Met Council but they may have problems with population density and roads. OTHER BUSINESS . Joint meeting with the Planning Commission Mr. Dickinson stated the joint meeting in March may need to be changed because some of the Planning Commission members will not be able to make the meeting. Council thought this . meeting could be moved to April. . YMCA Water Safety Program Mr. Dickinson reviewed with the Council a possible program with the YMCA for a water safety program instead of contributing money to Anoka for their aquatics center. He stated the YMCA is willing to set up a program just for non-members. Councilmember Orttel stated the problem with this is that the Anoka Aquatics Center is used by people on the west side of the City. Councilmember Trude stated her problem with this is that priority will go to members first and she wondered if the non-member kids will ever get into the session. She thought it may be worth trying this for a year but they may need to run two separate programs, one for members and one for non- members. Councilmember Trude thought if Ms. Geiss could get some of the kids to take lessons, the YMCA would probably give scholarships. Mr. Dickinson indicated they would. . Bee Raising Request by an Individual in the City. Mr. Dickinson stated he was contacted by an individual about someone raising bees and they wantto create a Bee Ordinance. He reviewed a model ordinance provided by the resident along with what the current City interpretation of the ordinance is now. . Marystone Boulevard/Roanoke Resurface Mr. Berkowitz stated a resident called and was under the assumption that the Council approved an 18- foot road. He stated he looked at past reports and he did not find a formal approval. He asked the Council for direction as to what to tell the resident. Councilmember Trude wondered if they did something, where would they drain the water. Mr. Berkowitz stated they would need to have a hydrology study done. Councilmember Orttel would like to see this paved because it would make the area beautiful but he o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 o Andover City Council Workshop Minutes - February 27, 2007 Page 8 did not know how they could do it. Councilmember Jacobson stated if they do improve the road, the residents will need to lose some trees to make it a safe road. Mr. Berkowitz stated staff would recommend making the road twenty-four feet to make it safe. Councilmember Orttel asked if they could turn the road back to the residents to make it a private road. Mr. Berkowitz stated a petition would be required if the residents would like to have improvements made to the road. Councilmember Trude thought they should try to work with residents on this because she did not think a regulation road would work. Mr. Dickinson stated they will talk to the City Attorney regarding this. Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 8:49 p.m. Respectfully submitted, . Susan Osbeck, Recording Secretary o o o Regular Andover City Council Meeting Minutes - March 6, 2007 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 6,2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 INTRODUCTION OF SHERIFFS DEPUTIES......................................................................... I PRESENTATION - ANOKA COUNTY RAIL AUTHORITY - TINKLENBERG GROUP. 2 RESIDENT FORUM .................................................................................................................3 AGENDA APPROV AL...............................................................................................:............. 4 APPROVAL OF MIN1JTES......................................................................................................4 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 4 Resolution R030-07 waiving Public Hearing/Adopt AssessmentRoll/05-34/Bluebird Street NW & Hanson Boulevard NW /Intersection Improvements .................................4 Resolution R031-04 approving Plans & Specs/Order Advertisement for Bids/06- 37/161 st Avenue NW & Crane Street NW/Intersection Improvements........................................ 4 Resolution R032-04 approving Plans & Specs/Order Advertisement for Bids/07-3/2007 Crack Sealing .. ........................... ................... ............. .................... ................................. 4 Award Quote/07-16/ Andover Station North Ball Field Facility/Bleachers ......................... 4 Award Bid/07-24/Seal Coating (Resolution R033-07)........................................................ 4 APPROVE BY-LAWS CHANGES FOR FIRE RELIEF ASSOCIATION .............................. Motion to Approve................................................................................................................ 5 CONSIDER SKETCH PLAN/14430 CROSSTOWN BOULEVARD NW.............................. 5 CONSIDER CODE AMENDMENT/EXP AND PUBLIC NOTICE FOR RURAL PROPERTIES TO 700 FEET (CONT.) Motion to Approve (ORD. 342)............................................................................................6 WAYSIDE HORN & RAILROAD QUIET ZONE UPDATE/06-10........................................ 7 DISCUSS CONTRIBUTION TO YMCA WATER SAFETY PROGRAM Motion to approve ...................... ..... ... ... ............................. .......... ....... ..... ............................. 7 DISCUSS COUNCIL WORKSHOP ......................................................................................... 8 ADMINISTRATOR REPORT .................................................................................................. 8 MAYOR/COUNCIL INPUT Snowplowing Thanks............................................................................................................ 8 WiFi Emails .......................................................................................................................... 8 ADJOURNMENT......................................................................................................................8 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 0 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 0 44 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 6,2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, March 6, 2007, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, William Hawkins City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE INTRODUCTION OF SHERIFFS DEPUTIES Sheriff Bruce Andersohn introduced the deputies available to Andover for 2007. Councilmember Knight stated a resident he spoke to expressed how pleased she is with the Sheriff's Department. Councilmember Jacobson wondered how many officers are currently assigned to Andover. Sheriff Jenkins indicated it is currently nineteen with two more being hired this summer. Councilmember Trude stated she has noticed some new faces in the Sheriff's Department serving Andover and wondered how they acclimate them to the codes and laws here. Sheriff Andersohn stated they still have senior officers patrolling Andover and they help the new deputies along with continued education. He noted a lot of the officers serving Andover also live in Andover. Councilmember Orttel thanked the Sheriff's Department for a great job. Mayor Gamache thanked them also. Captain Jenkins thanked Fire Chief Winkel for his leadership in the Fire Department and for working constructively and consecutively with the Sheriffs' Department. Fire Chief Winkel thanked the Sheriffs' Department and indicated they see deputies on a daily basis. They have to share their resources and it is appreciated that they are out there. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 o 40 41 42 43 44 Regular Andover City Council Meeting Minutes - March 6, 2007 Page 2 PRESENTATION -ANOKA COUNTY RAIL AUTHORITY - TINKLENBERG GROUP City Administrator Dickinson explained Mr. Elwyn Tinklenberg of the Tinklenberg Group, representing the Anoka County Regional Rail Authority, is at the meeting to discuss future initiatives of the Authority, particularly as they would relate to commuter rail and inter-city rail services and how those initiatives could impact the City of Andover. Also present were Scott LeDoux, Julie RueWe. Commissioner LeDoux stated this project is very important to the County because it will help relieve the traffic congestion on Highway 10. He thought it is important economically to have a commuter rail. Mr. Tinklenberg made a presentation to the Council. Councilmember Jacobson thought there were a number of unanswered questions associated with this. He noted he has seen a lot of development projects over the years and when it comes to reality, the costs are at least double of what people think and plans change. A concern he has is the cost. They have costs that are seven years old. Another concern is the upgrade of the rails from fifty to eighty miles an hour, passenger loading estimates, costs to the cities and the train schedules do not look like they would mesh too good with business operating hours in Minneapolis or St. Paul. One of things discussed was the Twins Stadium and if that is not built where it is on the simulation that would take away a bit of the incentive to putting that in. He thought there are still a lot of questions yet and he thought this is a wonderful concept but he had some concerns. Mr. Tinklenberg stated there are a lot of questions to be answered and the work to be done along the corridor will need to have a feasibility study done that will look at both the technical issues in terms of the rail improvements and crossing safety. lbis will give them a much better cost estimate. The figures from the 2000 feasibility study were only meant to give a relative scale of what they are talking about and those cost estimates need to be much more up to date before they move forward. In terms of passenger loading, that would also be a part of the study and they are anticipating being able to work with Amtrak in terms of developing those numbers. He noted a large part of what they develop the service for is the long term and to be able to provide that option for those that want it. Councilmember Trude thought the information is very preliminary. One of the issues the people in their community have is the train horns because of all the proximity of homes and she would want to see them working on those issues. They also have the frustration of police and fire not being able to service the half of the community that is on the other side of the tracks. She would like to see them as they look at the feasibility to also look at incorporating the costs of an overpass on Bunker Lake Boulevard to keep the community connected if they are putting a lot more trains on the tracks so they address the concerns of their residents as well as providing options for them in community. Mr. Tinklenberg stated the concerns have been noted. o Regular Andover City Council Meeting Minutes - March 6, 2007 Page 3 o o I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Mayor Gamache asked when they expect a bill or any legislation would be going through the Federal Government in Washington D.C. Mr. Tinklenberg stated there are a number of bills that are moving forward. The applications are due this month. That is being submitted to provide for preliminary engineering and environmental assessment work on the line, which would begin in 2008. In the State bonding bill related to transit and transportation, there are requests for funding to look at the line in terms of the feasibility study and to secure a small piece of the rail line that is proposed to be abandoned on the Duluth end of the line. What gives them the leg up in that process is the ability to work through the Federal Rail Administration Budget and with BNSF and Amtrak and their budgets. Councilmember Knight stated one of the tlllngs that concerns him about these projects is the unrealistic projections they get and they cannot get politicians to be realistic on these types of projects so the public does not get a realistic cost estimate. Mr. Tinklenberg stated this is a real important point and is sometlllng they need to be really cognizant of and that is what the feasibility study is for. They have talked with BNSF regarding improving the tracks and they believe the improvements as they have looked at them can be done in a period of one construction season along the entire corridor. Councilmember Trude stated this is a heavy issue for them politically but she would like to be supportive of the feasibility study because that is the information they would need to go any further and she would consider supporting a resolution where they support further evaluation of the feasibility of this line but she could not make a decision in this short amount of time without the information other Councilmembers are asking for. Getting more information would be helpful to them. Councilmember Orttel wondered if they could move this to their next work session to discuss further and get more information. Mayor Gamache thought they could probably support sometlllng close to this resolution but would like more information. Commissioner LeDoux stated he spent a week in Washington D.C. talking to their Congressmen and many have been very supportive of this rail line. They are very fortunate to have their State Senators and Congressmen in this situation. Motion by Orttel, Seconded by Jacobson, to move the discussion to their March Workshop. Motion carried unanimously. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL There were no changes except for an amendment to Item 7. o Regular Andover City Council Meeting Minutes - March 6, 2007 Page 4 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES February 20, 2007, Regular Meeting: Correct as amended. Councilmember Trude indicated she has a couple of changes to the minutes. On page six, in the resolution for the Farm Winery they talked about deleting the limitation of how the items would be shipped. She wanted to delete the words "shipping via parcel post" so that the shipping is not restricted. She stated on the top of page seven, line two, she wanted to add one word "Councilmember Trude indicated she was originally not going to support..." Near the bottom of page nine they were discussing the redevelopment PUD' s and they approved what was proposed to them without changes but the motion says "to approve the proposed changes" but they approved this without changes. Councilmember Jacobson stated on page six, line 39, it says "Councilmember Knight wondered if this is the minimum lot. . ." On page six, line nine, the end of that sentence, he did not remember that verbiage and neither did Councilmember Knight. He stated they wanted to make sure they did not damage the park. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Approval of Claims Waive Public Hearing! Adopt Assessment Ro11l05-341B1uebird Street NW & Hanson Boulevard NW/Intersection Improvements (See Resolution R030-07) Approve Plans & Specs/Order Advertisement for Bids/06-37/161st Avenue NW & Crane Street NW /Intersection Improvements (See Resolution R031-07) Approve Plans & Specs/Order Advertisement for Bids/07 - 3/2007 Crack Sealing (See Resolution R032-07) Award Quote/07-16/Andover Station North Ball Field FacilitylBleachers Award Bid/07-4/2007 Seal Coating (see Resolution R033-07) Item 4 Item 5 Item 6 Item 7 Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - March 6, 2007 Page 5 APPROVE BY-LAWS CHANGES FOR FIRE RELIEF ASSOCIATION Fire Chief Winkel stated the Andover Firefighter Relief Association has discussed with the active members proposed changes to the Firefighter Relief Association By-Laws that were approved in concept by State Legislators during the 2006 Legislative session. The new language is consistent with what the State Pension Board also approved for Firefighter Relief Associations Pensions. Councilmember Jacobson asked on Clause C, second line, it says "except for Item I". There is an exception for Item I and there is no Item I. He wondered what this is. Chief Winkel stated Item I in their By-Laws says you have to be at least fifty years of age and is part of the eligibility requirements to collect a pension. Motion by Knight, Seconded by Trude, to accept the proposed changes to the By Laws of the Andover Firefighter Relief Association and authorize the City Attorney to update Clause E. Councilmember Jacobson wondered if the City Attorney has looked at this. City Attorney Hawkins indicated he has. Chief Winkel stated the City Attorney had some good questions regarding Clause C and Clause E. He asked if a deferred member could invest his or her dollars in an IRA and the answer is no. You cannot collect it until age fifty. Councilmember Trude wondered if you cannot use Clause E for an IRA, would it go back to Clause C, where they still accumulate interest. City Attorney Hawkins stated he is concerned the way it is written whether or not you could transfer your benefit even though you are not eligible to receive it through an IRA. Councilmember Jacobson thought they could approve this subject to review by the City Attorney. Motion carried unanimously. Councilmember Jacobson stated they also need to appoint someone from the City Council to sit on the Board. Mayor Gamache thought they should put this on the workshop as an item. CONSIDER SKETCH PLAN/14430 CROSSTOWN BOULEVARD NW Community Development Director Neumeister stated the property owner would like to construct a new home on the subject property that would contain an additional dwelling unit for rent. This is considered a multi-family structure. By applying for sketch plan review the applicant is attempting to get a reaction to whether the necessary approvals described in the report would be supported. Mr. Jack N oedl, MK Financial stated he is representing the owner of the property, Mr. Steven Butler at 14430 Crosstown Boulevard NW. He gave a brief background of the property. Mayor Gamache wondered if the front of the home will face Crosstown or Osage. Mr. Noedl stated o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - March 6, 2007 Page 6 currently the driveway is on Crosstown and they would move it onto Osage. Councilmember Jacobson wondered how a person would get into the lower unit. Mr. Noedl stated the plan is not exact and is just a sample of what they pl~ to build. He stated the lower entry would be from the side of the house. Councilmember Jacobson wondered why Mr. Butler did not just build a single family home and allow his family to live there with him instead of going through all of this because this would require rezomng. Mr. Steven Butler explained to the City Council the reason he wants to build a home like this. Councilmember Jacobson wondered if this would be for economic reasons only. Mr. Noedl indicated it is because Mr. Butler would not be able to afford a home like this ifit were single family. Councilmember Orttel stated to put a multiple family lot in the middle of a single family area is pretty tough to do. They would have to go to the Met Council and show that it is not a spot zoning and it is a classic spot zoning. Councilmember Jacobson indicated to do it for an economic reason only would be the wrong way to go. He understood what the problem is but someone else could come to them indicating they could not afford their home either and would want to do the same thing. This would only lead to problems. Mr. Noedl stated the neighbor was also considering going into this with him and make it a transition area. Councilmember Knight stated his concern would be if this home were sold what would happen. Councilmember Jacobson stated this is a sketch plan but if this were before them officially, he would have to vote against it. CONSIDER CODEAMENDMENT/EXPAND PUBLIC NOTICE FOR RURAL PROPERTIES TO 700 FEET (CONT.) Community Development Director Neumeister explained this item provides the adjustments requested by the Council at the February 20,2007 meeting. Mr. Neumeister discussed the changes with the CounciL Motion by Trude, Seconded by Ortte!, to approve the attached ordinance amendment and summary. Motion carried unanimously. (ORD. 342) o o o Regular Andover City Council Meeting Minutes - March 6, 2007 Page 7 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WAYSIDE HORN & RAILROAD QUIET ZONE UPDATE/06-10 City Engineer Berkowitz explained two projects that staff is working on to reduce train noise within Andover are the wayside horns at Andover Boulevard and Crosstown Boulevard and the Railroad Quiet Zone at Bunker Lake Boulevard. Mr. Berkowitz reviewed the staff report with the Council. Councilmember Knight stated with all of the projects upcoming in this area, did Mr. Berkowitz think there may be some problems for the residents with travel. Mr. Berkowitz stated the project at Bunker Lake Boulevard and the railroad tracks would remain open for traffic during the construction. They are looking at getting this done even with inconveniences. Councilmember Trude asked ifBNSF is still giving them trouble with the wayside horn even though it is in the Federal Railway Authority indicates it is an acceptable solution. Mr. Berkowitz indicated that. The general agreement has language that is of some concern. There is some concern the way some of it is written. He did not know if they were trying to put a stop to the project but he thought they were being cautious because it is the first of its kind in this area. Staff further discussed what was done at previous meetings with BNSF and the results with the Council. DISCUSS CONTRIBUTION TO YMCA WATER SAFETY PROGRAM City Administrator Dickinson stated as part of the discussion of contributing to the Anoka Aquatic Center at the February 6,2007 Council meeting, the Council asked staff to approach the Andover YMCA to see if a program could be facilitated where Andover residents that are not YMCA members could pay a member or discounted rate for swim lessons if the City made a contribution of $4,000 to the Andover YMCA. Mr. Dickinson reviewed the information with the Council. Councilmember Jacobson wondered if this would be on a first come first serve basis and would YMCA members be included in this. Mr. Dickinson indicated it is on a first come first serve basis and the YMCA members will have their own program at a better rate. Councilmember Knight wondered what happens if there are too many kids for the amount of money they donate. Councilmember Orttel asked if they do not use all of the money, where would the excess money go. Councilmember Trude asked how many kids the money would benefit. Mr. Dickinson indicated it would benefit approximately 130 kids. He did not think there would be any money left at season end and he was not sure if it would accommodate all the kids wanting the lessons. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 o 40 Regular Andover City Council Meeting Minutes - March 6, 2007 Page 8 Motion by Orttel, Seconded by Trude, to approve the contribution of$4,000 to the Andover YMCA, with funding provided by the City General Fund, outlined by staff. Motion carried unanimously. Mayor Gamache noted this is a one year program and will be evaluated after the year is over. DISCUSS COUNCIL WORKSHOP City Administrator Dickinson explained the Joint Meeting with the Planning and Zoning Commission has been moved to the month of April. Motion by Trude, Seconded by Orttel, to schedule a Special Council Workshop for March 27,2007 at 7:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Administration and City department activities, response to previous Mayor/Council Input and resident forum items, meeting reminders and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. .MAYOR/COUNCIL INPUT (Snowplowing Thanks) - Mayor Gamache stated he received an email from Mr. James Erickson thanking the City for all the great snowplowing done by the Public Works Department. (WiFi Emails) c Councilmember Jacobson indicated he received three emails, two for WiFi and one against WiFi. Councilmember Trude stated it has been mixed for her. Mayor Gamache indicated he has received a few of them. Mr. Dickinson stated he has received a lot and they are mostly for WiFi. Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 9:30 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary o o o 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator 1 Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims, DATE: March 20, 2007 lNTRODUCTION Attached are disburs,ement edit lists for claims related to the on going business of the City of Andover. cf0 DISCUSSION Claims totaling $218,240.93 on disbursement edit lists #1 - #4 from 03/09/07 to 03/14/07 have been issued and released. Claims totaling $714,757.06 on disbursement edit list #5 dated 03/20/07'will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUIRED The Andover City Council is requested to approve total claims in the amount of $932,997.99" Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, ~ ?5~;r:d Lee Brezinka Attachments: Edit Lists ~ 0.. 0 0 0 0 0 0 0 0 ;z ;z ;z ;z ;z ;z ;z .;; .;; .;; .;; .;; .;; .;; " " " " " " " '" ~ :E ~ ~ ~ :E :E '" = .. .. .. C C C C C C C '" ~ ~ ~ ~ ~ ~ ~ ... ~ ::I: ::I: ::I: ::I: ::I: ::I: ::I: '" ~ ~ U U U U U =' ..,:: -< -< -< -< o ,- ~. o ...... 00 ..... ~ (1)4-< ....... 0 ..n 0 roP:: ~fS P-.] IJ:lU C 1-< ;::j2 o ;j u a u 0 ~u t- o o '" - '" 000 ,,- "'.... aO ..0-0 t ~ t'/'J 'C ::>0.. 2 -< ..,. o ... '" ,.Q e = z:; .,., d)~ ,,- c'"'" " , CO 0"'0 ,,- ""..,. ..."'1 "0 ".... ..c_ U", ... '" '" -< '" ... .. Q t- o o ~ e: .... o ... = '" e >. .. Q. -::: :; " e -< .,., .,., t-t- -.:i-~ '""''"'" .~ ... 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(763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Change Order #1I05-15/Andover Station North Ball Field Improvements - Engineering DATE: March 20, 2007 INTRODUCTION This item is in regards to approving Change Order # I for Project 05-15, Andover Station North Ball Field Improvements. DISCUSSION Change Order #1 provides for additional site grading that was required to mix unsuitable soils within the ball field playing area of the easterly field and fine grade after the installation of the irrigation system. BUDGET IMP ACT The costs associated with Change Order #1 shall be funded by bonds and paid back through park dedication. ACTION REQUIRED The City Council is requested to approve the resolution approving Change Order #1 for Andover Station North Ball Field Improvements, Project 05-15. Respectfully submitted, ~Q.~ David D. Berkowitz ./ ,/ Attachments: Resolution & Change Order #1 o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 05-15, ANDOVER STATION NORTH BALL FIELD IMPROVEMENTS. WHEREAS, the City of Andover has a contract for Project No. 05-15 , Andover Station North Ball Field Improvements with W.B. Miller. Inc. of Elk River, N1N NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 05-15 . o Adopted by the City Council of the City of Andover this March , 2007. 20th day of CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CHANGE ORDER Andover, MN March 2 , 2007. Change Order No.-L To W.B. Miller, Inc. For Andover Station North Ball Fields (C.P. 05-15) For City of Andover You are hereby directed to make the following change to your contract dated March 16 , 2004 . The change and the work affected thereby is subject to all contract stipulations and covenants. This change order will (increase) (decrease) (no change) the contract sum by One thousand seventy and 00/100 Dollars ($1,070.00). This change order provides for the following extra work: Additional Site Grading $1,070.00 Amount of Original Contract Additions approved to date (Change Order # Deductions approved to date (Nos. ) Contract amount to date Amount of this Change Order (Add) (Deduct) (No ChaRge) Revised Contract Amount Approval City of Andover $ 695,344.45 ) $ 0.00 $ 0.00 $ 695.166.03 $ 1.070.00 . $ 696.236.03 Approval W.E. Miller, Inc. Contractor By David Berkowitz, City Engineer Name / Title By GREG HoLl'''''' Name / Title Signature Date PRES I 1)6..I'..{T-' 3-S-0f Date o o o ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Order Plans & Specs/05-61 (Crosstown Blvd. NW & Nightingale St. NW) & 06-50 (Crosstown Blvd. NW Trail) - Engineering DATE: March 20,2007 INTRODUCTION The City Council is requested to order the improvement and direct preparation of plans and specifications for Project 05-61, Crosstown Bouleyard NW& Nightingale Street NW and Project 06-50, Crosstown Boulevard NW Trail. DISCUSSION Due to concerns regarding traffic safety at the Intersection of Crosstown Boulevard NW and Nightingale Street NW, the City Council has identified this intersection as a safety improvement project for 2007 in the 2007-2011 Capital Improvement Plan (CIP). The improvements would consist of a westbound right turn lane onto Nightingale Street NW and an eastbound by-pass lane. A right turn lane would also be added on Nightingale Street NW. Also identified in the 2007-2011 CIP is a trail improvement on the north side of Crosstown Boulevard NW from Hanson Boulevard NW to Nightingale Street NW. This project would connect an existing trail along Hanson Boulevard NW to an existing trail at Nightingale Street NW. Staff recommends that the projects be bid together as one project. If the project is ordered and approved, construction would begin in early July after the Andover Fun Fest. By starting the project in mid summer the impacts ofthe project would avoid conflicts with school traffic and the Andover Fun Fest. Completion of the project would be set for mid to late August. BUDGET IMPACT The Crosstown Boulevard NW and Nightingale Street NW project would be funded by the City's Road and Bridge Fund utilizing previous allocated State Aid dollars. The trail along Crosstown Boulevard NW would be funded by the City Trail Fund. o o o Mayor and Council Members March 20, 2007 Page 2 of2 ACTION REQUIRED The City Council is requested to approve the resolution ordering the improvement and directing preparation of plans and specifications for Project 05-61, Crosstown Boulevard NW & Nightingale Street NW and Project 06-50, Crosstown Boulevard NWTrail. Respectfully submitted, ~().~ David D. Berkowitz ./' .,/ Attachments: Resolution & Location Map o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NOS. 05-61 (CROSSTOWN BLVD. NW& NIGHTINGALE ST. NW) & 06-50 (CROSSTOWN BLVD. NW TRAIL). WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Project Nos. 05-61 (Crosstown Blvd. NW& NiQhtinQale St. NW) & 06-50 (Crosstown Blvd. NW Trail); and o BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enoineer to prepare the plans and specifications for such improvement projects. MOTION seconded by Councilmember City Council at a reQular meeting this 20th Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. and adopted by the day of March , 2007 , with voting CITY OF ANDOVER ATTEST: Michael R. 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III Z - % I :) en :.: a:: ~ ..., 'OG' I [t.., m; CD ] 8 .... '" ~"o:: II 8 a: 'Ii '" Ob " i'l - ~ "l""(ijO j! .. Q) B Gl - Ul88 Q.Q,.S ~~8 0:: o Ul UlUl _w GUl a::l!l ~~ ~5 ..0 "';:i ~o 52 Ul<( a. OJ ::;: ?l c l!! .S! 61 ti - ... - ~. - 699. f- ..., f--- <691 Z .iS3Sn( 11901 6S9' ..., <'> w, .,.1 Ol!l' l!I! .... E891 ..., 6l 969' ~ 0691 I~ OIIlI ~ DOl. '" ""I un co DZlL 61.A= 1': eLn ~ "-~ ~ tW 1>:,,1- ~V IltU un!;tllo ~r-;;- ~ ~u lS.U ~.. =. [-<I'/-- l$! /~/;lil~1 \ ~I~ I ~ II i :< 1 . ~ ~ 61.61. I ; ~ ~ ~ ~ ~ o o o @ TO: CC: 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Mayor and Council Members ~~ Jim Dickinson, City Administrator '. David D. Berkowitz, City Engineer FROM: SUBJECT: Order Plans & Specs/06-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-De-Sac) - Engineering DATE: March 20, 2007 INTRODUCTION The City Council is requested to order the improvement and direct preparation of plans and specifications for Projects 06-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-De-Sac). DISCUSSION Identified in the City's 2007 to 2011 Capital Improvement Plan (CIP) are improvements for Crooked Lake Park and Terrace Park. The improvements at Crooked Lake Park would include a reconstructed parking lot with concrete curb and gutter, drainage improvements to handle storm water, improving the boat landing and installing a new dock. The improvements to Terrace Park would include constructing a paved parking lot with concrete curb and gutter, new basketball court and a short trail segment to access the playground equipment and other parts of the park. The 160th Lane NW improvement consists of constructing a cul-de-sac for emergency and City vehicle turn around and providing a storm water pond to handle an ongoing drainage problem. Staff recommends that these three improvement projects be bid as one project. BUDGET IMPACT Crooked Lake Park would be funded by a combination of Park Improvement Funds and a DNR Grant. The DNR Grant is a 50/50 cost split. Terrace Park improvements would be funded by Park Improvement Funds. The cul-de-sac at 160th Lane NW would be funded by a combination of Storm Water Utility and Road and Bridge Funds. ACTION REQUIRED The City Council is requested to approve the resolution ordering the improvement and directing preparation of plans and specifications for Projects 06-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-De-Sac). Respectfully submitted, Q~().~ David D. Berkowitz./. ../' Attachments: Resolution & Location Map o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NOS. 06-22 (CROOKED LAKE BOAT LANDING), 07-9 (TERRACE PARK) & 07-18 (1601H LANE NW CUL-DE-SAC),. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Project Nos. 06-22 (Crooked Lake Boat Landino), 07-9 (Terrace Park & 07-18 (160th Lane NW Cul-De-Sac); and o BE IT FURTHER. RESOLVED by the City Council to hereby direct the ~ Enoineer to prepare the plans and specifications for such improvement projects. MOTION seconded by Council member City Council at a reQular meeting this 20th Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. and adopted by the day of March , 2007 , with voting CITY OF ANDOVER ATTEST: Michael R. 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'Ii & ~ .. ~ ....c, Q)m l!;;2 "0_ C..c: <(0) 'Ocg ~'> 00 J CD o ...: ({J uJ 9 ...J ::l o ..w CIlz ~:'5 wI :::;1- ::!io 0<0 O~ ll..e: ...:,.:. :::;0 ti z ~a: ~ WUJ~1j ...J !;( a: a: Q.. ): tf f ~.DD ;; !l! .! 0 '" '" ~......o:: II g ~ fi!::!~ C"'8 ~~ ..!i .. iD ~~~ Q. Q. .l1! :!H~ ~ .... ... .... CO .... :g g - l809~ l() l() o ... .... ..... CD CD l() .... .... ClC) 0> l() .... ~S6S~ 0: o Ul ~m (!)Ul o:~ ~~ OZ ~8 ..0 ~~ ~ 50 1I oZ " Ul<( ii o o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US /' TO: CC: Mayor and Council Members Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Water Emergency & Conservation Plan/05-54 - Engineering DATE: March 20,2007 INTRODUCTION The City Council is requested to approve the Water Emergency & Conservation Plan, Project 05- 54. DISCUSSION Minnesota Statute 1030.291 requires public water suppliers serving more than 1,000 people to have a Water Emergency & Conservation Plan approved by the DNR. The plan identifies procedures to follow in the event a disruption (natural or man-made) occurs on the City's water system and identifies procedures to conserve water use. The City's first plan was approved in January 1996. Every 10 years a new generation plan is required by MN Statute. Short Elliott Hendrickson (SEH) with City staff input completed the plan. The DNR reviewed the plan and required three additional measures to be included. The measures required are a monitoring well near Bunker Lake to monitor the effects pumping has on surface water bodies, prepare a Joint Powers Agreement (JP A) with Coon Rapids on water use for the Cities interconnects and identify possible locations for future wells. These requirements have been identified in the plan. Staff is currently working with the Anoka County Parks staff on a monitoring well site. Staff has begun preliminary discussions with Coon Rapids to formalize a JP A for water use in the case of an emergency. Possible locations for future wells are identified within the rural reserve area. The plan is available in the Engineering office for review. Once the plan is approved by the City Council, the plan will be submitted to the DNR for final approval. COUNCIL ACTION The City Council is requested to approve the Water Emergency & Conservation Plan, Project 05- 54. Respectfully submitted, ~~;;;;;6 David D. Berk:~tz-P cc: Doug Klamerous, SEH o o o (!) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: CC: FROM: Captain Dave Jenkins - Anoka County Sheriff's Office SUBJECT: Receive Anoka County Sheriff's Department Monthly Report - Sheriff DATE: March 20, 2007 INTRODUCTION Captain Dave Jenkins from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the Ci~. - DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Captain Dave Jenkins Anoka County Sheriff's Office o CITY OF NDOVE (1) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director FROM: Chris Vrchota, Associate Planner (Ji; SUBJECT: Consider Conditional Use Permit/Dry Cleaner/13 783 Ibis Street NW - Planning DATE: March 20,2007 INTRODUCTION The applicant wants to operate a dry-cleaning facility in the Northpointe Plaza retail building, located in Andover Station North. o DISCUSSION As per City Code 12-13-3, Dry Cleaning Processing is a conditional use in the GB zoning district. The definition of "Dry Cleaning Processing", found in City Code 12-2, limits the scope of such an operation to the cleaning of clothes accepted at the site and up to four remote drop off sites. It has not been determined which bay or bays the dry-cleaning operation would occupy, though the applicant would prefer an end cap in order to stay away from the dance studio. The applicant has indicated that upon opening, the site would be used to process clothing from this location and two others, with the possibility of other sites being added in the future, up to a maximum of four. The applicant has operated a processing facility in Anoka for approximately 20 years that services four remote sites. The City of Anoka has indicated that there have been no significant issues with the operation during this time. o Applicable Ordinances Chapter 12-5-6 B of the Andover City Code provides the following criteria for the issuance of a Conditional Use Permit: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation ofthe Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent . streets and land. . c. The effect on values of property and scenic views in the surrounding area, and the effect ofthe proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the comprehensive o plan, the City Council may grant such permits. Comparison of Proposal to Applicable Ordinances The proposal conforms to all applicable ordinances. Staff Recommendation Staff recommends approval ofthe proposed Conditional Use Permit subject to the conditions in the attached resolution. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed Conditional Use Permit. Attachments Resolution Location Map Site Plan Building Plan Planning Commission Meeting Minutes ACTION REQUESTED The City Council is asked to approve or deny the proposed Conditional Use Permit. o Respectfully Submitted, ~~ Chiis Vrchota Cc: John Maddio, 4280 Hawksburg Circle, Eagan, MN, 55123-3061 Boulder Point LLC, 2711 Dahlia Street NW, Oak Grove, MN 55011 o -2-- o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF JOHN MADDIO FOR THE .OPERATION OF AN ON-SITE DRY-CLEANING BUSINESS ON PROPERTY LOCATED AT 13783 IBIS STREET NW, (PIN 32-32-24-14-0013) LEGALLY DESCRIBED AS: The North 195 feet of Lot 5, Block 3 Andover Station North, Anoka County, Minnesota. , WHEREAS, John Maddio has requested a Conditional Use Permit for operation of an on-site dry- cleaning business, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approyes the Conditional Use Permit for the operation of an on-site dry-cleaning business on said property with the following conditions: 1. The site shall conform in all ways with the Andover City Code. 2. The operation shall be allowed to process clothes accepted on site and from up to four remote drop-off sites. 3. The Conditional Use Permit shall be subject to a sunset clause as per section 12-14-6-D ofthe Andover City Code. Adopted by the City Council of the City of Andover on this _day of ,2007. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk -.J~ ~._- - 1 ~ 1 ~ ; [' :'l I :;: I ... ; l"1 i .. JI - in f-!1~~ . , :;z )0,1 o j~' ~ ~ i \3! ' ~ \ .- 1\ .~ S'rrs i:i z w <.9 a: :3 w L.1J ~ w -J ~ 0: U a.. os ~ a: <{ ;:>' n: if :::;: !llLll 0 6~S&:~ ; j ____ I L99~ i t----- I . ,-'.......-..-.-. ~ N ~ ffi z > 0 ~ 8 ~ a: ~to~/\\~ ,/ \ \ \ , ( I I I I 1 I I "~~'--'m , - '''"'- n_---......" ~,,- r..-... j::~:1 I-_..=--.J l1':l ~1 ~ : i ... ~ r i ._.___...J ----...'1 - --L/- '" <D 0 g V> C'J ~t3 CJV> ffi~ >>- g~ ~6 .,0 ~;2 :;0 oZ V><( a; J'! '" '" .. 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F-=.JL_- li~ ' lfjlF.-=J'l ~~, l./' t.,,;L;~ ' , i\ .": <",,";~~~~-,J II II iI i , 0, ~0~~ N U1 >-.x C <tO~ mo~ .n' ;r, '" ('Cd ~" ~~ ~m Uil- 5g ~!- < '-'~ q;~ " "'< ~ di5 ~~ ~~ ['- :;: _un'__1 ~~ I ....,.0' 1=1: --_._---~ (@) U1 I-;;;,,~~~;:~~=-..:..-=;-l ~ i L=..:.3dl';:!l ;. t~~- s;: s ___-==='::~-~:::_~~lJ ~? ~. ~~) -:2 " I.;:'[~"=T~-'~'C=---l c PLANNING AND ZONING COMMISSION MEETING - F.. The Regular Bi-Monthly Meeting of the Andover Plannin d Zoning Commission was called to order by Chairperson Daninger on February 2 007,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andove innesota. Commissioners present: Chairperson D ger, Commissioners Tim Kirchoff, Michael Ca , Valerie Holthus, Devon Walton, Douglas Falk and ennis Cleveland. o Commissioners absent: Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Associate Planner, Chris Vrchota Others Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion carried on a 7-ayes, O-nays, O-absent vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (07-04) TO ALLOW DRY CLEANING IN THE NORTHPOINTE PLAZA RETAIL BUILDING AT 13783 IBIS STREET NW. o Mr. Vrchota stated the applicant wants to operate a dry-cleaning facility in the Northpointe Plaza retail building, located in Andover Station North. Mr. Vrchota reviewed the staff report with the Commission. Commissioner Walton wondered if there were vast differences between them and Anoka regarding dry cleaning standards that the applicant mayor may not experience. Mr. Vrchota stated he did not look closely at the City of Anoka's requirements. -7- o Regular Andover Planning and Zoning Commission Meeting Minutes - February 27, 2007 Page 2 Commissioner Kirchoff asked if the corner lot was the proposed site and the dance studio was currently there. Mr. Vrchota stated they were looking at one of the end spots of the building and the dance studio is in the middle of the building. Motion by Walton, seconded by Casey, to open the public hearing at 7:05 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. No one wished to address the Commission. Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:05 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Motion by Walton, seconded by Casey, to recommend to the City Council approval of the proposed Conditional Use Permit subject to the conditions in the attached resolution. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Vrchota stated that this item would be before the Council at the March 6, 2007 City Council meeting. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN TO REVIEW SITE PLAN FOR MULTIPLE DWELLING AT 14430 CROSSTOWN BOULEVARD NW. r. Bednarz explained the property owner would like to construct a new home on the su t property that would contain an additional dwelling unit for rent. This is conside a multi-family structure. By applying for sketch plan review the applicant is attempting et a reaction to whether the necessary approvals described in the report would be suppo d. Chairperson Daninger asked if roposed structure was all one unit but part of it would be rental. Mr. Bednarz indicated tli as what was understood by him. Commissioner Holthus indicated she had a stion regarding the site plan and exception. She wondered if the exception portio fthat property was bought in 2003. Mr. Bednarz stated that part of the parcel was sold 0 0 allow a lot to be created in 2002. Commissioner Holthus asked if the exception property indicated it was not. - 8"~ o Motion by Walton, seconded by Casey, to open the public hearing at carried on a 7-ayes, O-nays, O-absent vote. o o o @) CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Consider 2008-2010 Urban County Requalification for participation in HUD Programs DATE: March 20, 2007 INTRODUCTION Every three years Anoka County must complete an Urban Requalification process in order to continue receiving and administering HUD funds for the CDBG (Community Development Block Grant) and HOME (HOME Investment Partnership) programs. Part of that process includes communicating with participating communities of their option to be excluded from the Anoka County "Urban County" qualification. DISCUSSION Currently the City of Andover participates in the Anoka County "Urban County" program and has been successful over the past years in receiving funding from the CDBG program. Attached to this staff report is a letter from Anoka County explaining the requalifiaction process and what the City of Andover needs to do to remain in the program. Staff is recommending that the City Council continue as a participating community. To opt out and qualify for the programs as an "urban community" the City would need to have a population of over 50,000. ACTION REQUESTED Receive a brief staff presentation and approve the attached resolutions to participate in the Anoka County CDBG and HOME programs. - Attachments COUNTY OF ANOIa. Governmental Services Division / Community Development Deparlment GOVERNMENT CENTER 2100 3rdAvenue. Anoka, Minnesota 55303-2265 Kate Thunstrom (163) 323-5714 Direct (763) 343-5682 Fax March 7, 2007 Jim Dickinson, City Administrator City of Andover 1685 Crosstown Boulevard Andover, MN 55304 RE: 2008-20 10 Urban County Requalification for participation in the following HUD Programs: -CDBG (Community Development Block Grant Program); and -HOME (HOME Investment Partnership Program) Dear Mr. Dickinson: o Every three years Anoka County must complete an Urban Requalification process in order to continue receiving and administering HUD funds for the CDBG and HOME programs. We are currently preparing our requalification for program years 2008 through 2010. As part this requalification process, the county is required to notify participating communities of their option to be excluded from the Anoka County "Urban County" qualification for these funding years. Action is required from vour City as part of this ~ process,_ I IF YOU CHOOSE TO REMAIN A PARTICIPATING COMMUNITY (OPT-IN): The following will apply: . The grant process for your city will remain the same as it is now for CDBG and HOME programs, and; . Your city will continue to be im:ligible to apply individually for grants through the HUD Small Cities or State CDBG and HOME programs . The city needs to update the Revolving Loan Fund Administration (RLF) Agreement. This agreement follows the term of the Urban Requalification process. This document governs the CDBG-funded revolving loan program currently used for housing rehabilitation. IF YOU CHOOSE NOT TO REMAIN A PARTICIPATING COMMUNITY (OPT-OUT): o . Your city will be able to apply for grants individually through the HUD Small Cities or State CDBG and HOME programs, but; . You will not be eligible to receive funds through Anoka County for program years 2008 through 2010. . Your existing RLF program will be terminated and a process must be followed to return all funds to HUD. t$) @ mUAL HOUSIHG o)HO"'VH'" FAX: 763-323-5682 Mfirmative Action ,,~~,aI Opportunity Employer TDD/TIY: 763-323-5289 o o o Jim Dickenson March 7,2007 Page 2 EITHER WAY, HUD requires the city to indicate it's intent by completing the following steps: 1. Notify our local HUD Representative, in writing, of your intent: Maria Paulson, CPD Representative, Housing and Urban Development 920 - 2nd Avenue South, Suite 1300, Minneapolis, Minnesota 55402; AND 2. Notify Anoka County, in writing, of your intent. If you elect to remain as part of the Anoka County "Urban County," the city must also: a) Provide the county with a signed Resolution from the city authorizing the mayor and city administrator to execute the enclosed Cooperative Agreement (3 copies); b) Have the persons authorized in item "a" sign all 3 Agreements and return them to the county for further signatures; c) Have authorized personnel sign the updated RLF Agreement (3 copies) and return to our office. The notification of intent, signed Resolution and executed Cooperative and Revolving Loan Fund Agreements should be mailed to: Anoka County Community Development, Attn: Kate Thunstrom, 2100 3m Avenue, Anoka, Minnesota 55303. THESE ACTIONS MUST BE COMPLETED NO LATER THAN APRIL 10. 2007, Thank you for your prompt attention to this matter! If you have any questions, or would like me to meet with city representatives or need additional information, please feel free to contact me at 763-323-5714. Sincerely, ~UN~ Kate Thunstrom CDBG Coordinator Enclosures fS) (j) ECWAL H(.\U$Itt(i Q""O~T\I"'" FAX: 763-323-5682 Mfumative Action / Equal Opportunity Employer TDD/TIY: 763-323-5289 o o o ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT and HOME INVESTMENT P ARTINERSHIP PROGRAM COOPERATION AGREEMENT THIS AGREEMENT is made and entered into under the requirements of the federal Community Development Block Grant (CDBG) program and HOME Investment Partnership Program by and between the COUNTY OF ANQKA, State of Minnesota, hereinafter referred to as "COUNTY" and the CITY OF ANDOVER hereinafter referred to as "CQOPERATING CQMMUNITY", said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minnesota Statutes, Section 471.59. WITNESSETH: WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, provides for a program of community development block grants, as implemented by Part 570, Title 24, Code of Federal Regulations, governing the applicability and use of funds under Title I; and WHEREAS, Title II of the Cranston-Gonzales National Affordable Housing Act of 1990, and as amended provides for a program known as the HOME Investment Partnership program. Part 92 of Title 24 of the Code of Federal Regulations sets forth regulations governing the applicability and use of funds under Title II; and WHEREAS, Anoka County, Minnesota qualifies under said law as an "urban county" eligible to receive community development block grants funds; and WHERAS, the County's population, among other factors, is determinant of the eligibility of the County and the amount of resources which may be made available to the County to undertake activities under the afore-referenced law; and WHEREAS, Section 24 CFR 570.307, titled "urban counties" provides that computation of the County's population may include persons residing in "unincorporated areas" and in "its included parts of general local government with which it has entered into cooperative agreements to undertake or to assist in the undertaking of essential activities pursuant to community development block grants"; and WHEREAS, it is in the interest ofthe Cooperating Community, to have its population counted together with other municipalities of Anoka County who similarly agree; NOW, THEREFORE, in consideration of mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions. 1 @ o o o SECTION I. DEFINITIONS For the purpose of this Agreement, the terms defined in this section have the meanings given to them: A. "The Act" means the Housing and Community Development Act of 1974, Title I, of Public Law 93-383, as amended (42 USC 5301 et seq.) B. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not limited to 24 CFR Part 570. C. "HUD" means the United States Department of HousiIig and Urban Development D. "Cooperating Community" means any city or township in Anoka County, which has entered into a cooperation agreement which is identical to this Agreement. E. "CDBG Program" means federal program instituted under 42 U.S.C. 5301, et seq. as amended. F. "HQME Investment Partnership Program" means the federal program instituted under Title II of the Cranston-Gonzales National Affordable Housing Act, 42 U.S.C. 12701 et seq. as amended The definitions contained in 42 U.S.C. 5302 of the Act and 24 CFR 570.3 of the Regulations are incorporated herein by reference and made a part hereof. SECTION II. PURPOSE The Cooperating Community and the County have determined that it is desirable and in the interests of its citizens that the County qualifies as an urban county within the provisions of the Act. This Agreement contemplates that identical agreements will be executed between the County and other cities and townships within the County, thus enabling the County to qualify under the Act. The purpose of this Agreement is to authorize the County to participate with the Cooperating Community in undertaking, or to assist in undertaking, essential community development and housing assistance activities pursuant to the CDBG Entitlement Program and the HOME Investment Partnership Program. SECTION III, TERM OF AGREEEMNT This Agreement shall be in effect upon execution and terminate no sooner than the end of the . third program year covered by the application for the basic grant amount and approved after the effective date. This Agreement shall be effective for the federal fiscal years 2008 through 2010. 2 @ o SECTION V. SPECIAL PROVISIONS A. Nothing in this Agreement is intended to prevent or otherwise modify or abrogate the right of the Cooperating Community or the County to submit individual applications for discretionary funds in the event County does not receive designation as an urban county entity under the Act. B. The Cooperating Community and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses, or damages resulting from the acts of omissions of their respective officers, agents, and employees relating to activities conducted by either under this Agreement, the Act or the Regulations. C. In the event that there is a revision ofthe Act and/or Regulation which would make this Agreement out of compliance with the Act or Regulations, both parties will review this Agreement and renegotiate those items necessary to bring the Agreement into compliance. D. All funds received by the County under the Act shall be deposited in the County treasury. o E. The Cooperating Community and the County shall maintain financial and other records and accounts in accordance with requirements ofthe Act and Regulations. Such records and accounts will be in such form as to permit reports required of the County to be prepared therefrom and to permit the tracing of grant funds and program income to final expenditure. F. The Cooperating Community and the County agree to make available all records and accounts with respect to matters covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a period ofless than (5) five years from the date of completion of any activity funded under the Act or less than (5) five years from the last receipt of program income resulting from activity implementation. The County shall perform all audits ofthe basic grant amounts and resulting program income as required under the Act and Regulation. o G. The county, as the CDBG grant recipient, either for the urban county or a joint recipient. (MetropolitanCity/Urban County Joint Recipients) has full responsibility for the execution of the community development program, for following its Consolidated Plan, and for meeting the requirements of other applicable laws (e.g., National Environmental Policy Act, Uniform Relocation Act, Fair Housing Act, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation' Act of 1973, Section 109 of Title I of the Housing and Community Development Act of 1974, the Americans with Disabilities Act of 1990, and for affirmatively furthering fair housing). The Counties responsibilities must include these functions even where, as a matter of administrative convenience or State law, the county permits the participation units of general local government to carry out essential community development and housing assistance aCtivities. The county will be held accountable for the accomplishment of the community development program, for 4 CQ o IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed. o o COUNTY OF ANOKA STATE OF MINNESOTA Dennis D. Berg, Chair, Anoka County Board of Commissioners Terry 1. Johnson, Anoka County Administrator APPROVED AS TO FORM AND EXECUTION Anthony C. Palumbo, Assistant Anoka County Attorney Date CITY OF ANDOVER STATE OF MINNESOTA By: Its: Date: By: Its: Date: I hereby certify that the provisions ofthis agreement are fully authorized under state and local law and that the agreement provides full legal authority ofthe County. Anthony C. Palumbo Assistant Anoka County Attorney. 6 (J) o ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT REVOLVING LOAN FUND ADMINISTRATION AGREEMENT This Revolving Loan Fund Administration Agreement (the "Agreement") is made and entered into by and between the County of Anoka located at 2100 3rd Avenue, Anoka, MN. 55303 (the "Grantor") and the City of Andover located at 1685 Crosstown Blvd. NW, Andover, MN 55304 (the "Grantee") and shall be effective beginning July 01,2008 (the "effective date") and terminate June 30 2010 (the "Termination Date). BACKGROUND INFORMATION WHEREAS, the Grantor through its Community Development Department administers the Federal Community Development Block Grant ("CDBG") Program for the County of Anoka and; WHEREAS, the Grantor has permitted the establishment of Revolving Loan Funds within local political subdivision to meet the primary development goals of 1) supporting economic development in Anoka County to create and/or retain jobs primarily for lower income persons, 2) support decent, safe and sanitary housing through rehabilitation and improvements of existing structures for lower income households and; WHEREAS, the Grantee has been determined to be an eligible recipient of CDBG funds and; o WHEREAS, the Grantee has been awarded CDBG funds from the Grantor for use to finance eligible activities that may generate program income as defined herein and; WHEREAS, all prior agreements, representations, statements, negotiations, and understandings either written or oral with respect to this re-use program are superseded hereby NOW THEREFORE, in consideration of the foregoing and the mutual promises and covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows SECTION I - STATEMENT OF THE AGREEMENT o 1. Title 1. The funds to provide the Revolving Loan Fund were financed by a grant/loan provided to the Grantor by the United States Department of Housing and Urban Development (RUD) under Title 1 of the Federal Housing and Community Development Act of 1974, as amended (42USC5301 et. Seq.), (hereinafter called the Federal Act). As provided in the Federal Act, the County though Community Development has elected to administer the federal program of Community Development Block Grant. 2. Applicable Federal Law. In the event of changes in any applicable federal regulations, policies, and/or law, this Agreement shall be deemed to be amended when required, to comply with any such regulations, policies, and/or law so amended. 3. Revolving Loan Fund Capitalization. Grantee shall deposit any and all Program Income, as defmed herein, derived from Economic Development and Housing Rehabilitation awarded by the Grantor to the Grantee pursuant to the grant awards and/or activities as set forth in this Agreement into a Revolving Loan Fund Account. For the purposes of this Agreement, Program Income is defined as gross income received by the recipient directly generated from Page] of6 ~ o o the use of CDBG funds for Economic Development or Housing Rehabilitation. Furthermore, the Revolving Loan Fund ("RLF") is defined as a separate fund established for the purpose of accounting for Program Income and of carrying out the specific activities, which, in turn, generate payments to the fund ("RLF") for the continued use in carrying out the same activities. 4. Interest Requirements. Requirements of CDBG funded revolving loans require that RLF Funds be held in interest bearing accounts AND interest earned on RLF funds must be remitted to the U.S. Treasury not less than Annually. 5. Interest Payments. Grantee is to remit interest payment to the County of Anoka by July 31 for the previous program year of July 1 through June 30. At that time the County will submit all interest payment to U.S Treasury on behalf of all Anoka County CDBG RLF funds. 6. Loan Approvals. Grantee shall submit to Grantor loan review information for each project being considered for RLF assistance. Grantee must receive Grantors approval prior to the closing of the Grantee's local RLF loan. 7. Reporting Reauirements. Grantee shall submit quarterly RLF reports to the Grantor within.. thirty- (30) days after September 30, December 31, March 31, and June 30. Each RLF report shall include information for both economic development and housing program income. 8. Compliance with General CDBG Reauirements. Grantee shall comply with all applicable provisions of the statues, rules, regulations and guidelines as passed by Congress or promulgated by the Secretary of the Department of Housing and Urban Development (HUD) 9. Compliance with Environmental Reauirements. Grantee shall comply with the provisions of the National Environmental Policy Act of 1969 insofar as the provisions of such Act apply to activities undertaken with CDBG Program Income. Grantee agrees to assume responsibility for notifying Grantor within a period allowable to complete all environmental requirements before closing a loan. 10. Prevailing Wage Rates and Labor Standards. Grantee shall comply with Section 570.603 Labor Standards of the Regulations published by HOD for Community Development Block Grant. Grantees will apply the Federal Davis-Bacon Labor Standards where required. 11. Acquisition. Demolition. Conversion and Relocation. Grantee shall comply with the relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the implementation regulation set forth in 570.488 and 49 CFR Part 24 as they apply to the activities covered by this Agreement. Grantee shall comply within the process established under the Anti-Displacement and Relocation Plan. 12. National Obiective Reauirements. Grantee shall ensure that all projects funded as a result of this Agreement meet the national objective specific to the type of project. If the activity is Economic Development the National Objective requirement of creating or retaining jobs for low-and-moderate income persons will be met. If the activity is Housing Rehabilitation of either single family or multifamily the National Objective requirement will be low-and- moderate income housing. 13. Suspension and Termination. Either party may terminate this Agreement upon thirty- (30) days prior written notice to the other. Grantor reserves the right to suspend the administration of the RLF at any time for failure of the Grantee or its designated administrative agent to administer the local RLF in compliance with the Federal CDBG Program which is incorporated herein by reference. Throughout this Agreement, Grantee and any designated administrative agent must continue to demonstrate administrative capacity in the administration of the RLF. Failure to accurately report on the RLF funds could result in Grantor placing the RLF funds on hold or recapturing the RLF funds. Grantor also reserves the right to request the RLF funds to be returned to the County of Anoka upon failure to comply. o Page 2 of6 @ o o 14. Subrecipient Agreements. Grantee shall not sub-grant the Program Income funds to any other local political jurisdiction or non-profit agency. Grantee may contract with an agency to administer the RLF, but the funds are to remain with the Grantee. If there is a change in the designated administrative agent of the RLF, it is the responsibility of the Grantee to notify the County of Anoka within fifteen days of any changes in status of the designated administrative agent. 15. Term of the Agreement. This Agreement shall begin on the Effective Date and shall terminate on the Termination Date. At least sixty- (60) days prior to the Termination Date, Grantor will determine if the Grantee continues to have the capacity to administer the RLF funds based on the performance of the Grantee aiJ.d its designated administrative agent. Grantor shall promptly notify Grantee in writing of the determination questioning administrative capacity. Grantor reserves the right to determine if the County of Anoka will renew the Revolving Loan Fund Administration Agreement to allow the Grantee to administer the RLF, have the Grantee close out the RLF by executing a CDBG Closeout Agreement or recapture the RLF funds. Agreement dates will be based upon Anoka County's HUD Certification timeline. 16. Closeout Agreement. In the event that the Agreement is no longer existing al1loans within the Grantees portfolio and all cash on hand must be returned to the Grantor 17. Amendments or Modification. Either party may at any time during the term of this Agreement, request amendments or modifications. Requests for amendment or modifications of this Agreement shall be in writing and shall specify the requested changes and the justification of such changes. The parties shall review the request for modification in terms of the regulation and goals related to the Agreement. Should the parties consent to the modification of the Agreement, an amendment shall be drawn, approved and executed in the same manner as the original Agreement. 18. Records. Access and Maintenance. Grantee shall establish and maintain for at lease five years from the expiration of this Agreement, all direct information and such records as are reasonable related to the administration and determination of a RLF as set forth with Federal CDBG regulations. Both parties further agree that records required by the Grantor with respect to any questioned costs, audit disallowances, litigation or dispute between the Grantor and the Grantee shall be maintained for the time needed for the resolution of said question and that in the event of early termination of this Agreement as provided in Section 13 of this Agreement, or if for any other reason the Grantor shall require a review of the records related to the RLF funds, the Grantee shall, at its own cost and expense, segregate all such records related to the RLF funds from its other records of operation. 19. Audits and Inspections. Grantee shall, at any time during normal business hours upon written notice and as often as Grantor may deem necessary, make available to Grantor, for examination, and to appropriate state or federal agencies or officials, all of its records with respect to matters covered by this Agreement including, but not limited to, records of all contracts, loan and disbursements and shall permit Grantor to audit, examine and make excerpts or transcripts from such records. Grantee shall ensure that the RLF funds are audited according to the federal requirements. 20. Equal Emplovment Opportunity. Grantee shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, disability, age or ancestry. Grantee shall incorporate the requirements ofthis paragraph in all its respective contracts for any of the work prescribed herein (other than subcontractors for standard commercial supplies or raw materials), and the Grantee will require all of its subcontractors for any part of such work to incorporate such requirements in all subcontracts for such work. o Page 3 of6 @ o SECTION II - DESCRIPTION OF ACTIVIES The Grantee agrees to perform the following specific activities in relation to its RLF and its re- use. In the event of any failure of this performance the Grantee will follow remedy measures herewithin disclosed. o 1. All activity of the RLF must be done in the form of a loan and/or loan guarantee. The Grantee will have on file all legally binding documents such as Loan Agreements, Promissory Notes, and Security Agreements for all sources of funding in the project to which the loan has been made. 2. RLF plans including completed performance measurement requirements and DUNS number (for Businesses assisted) must be submitted to and approved by the Grantor prior to execution of the RLF Agreement. 3. All economic development loan proceeds must: a. Create and/or retain jobs. In order to be considered as a retained job, the public must be notified in the official newspaper of the jurisdiction (Anoka County Union), by the borrower, of its intent to close or layoff employees in the event that a RLF loan is not received. b. Of the jobs created and/orretained as a result of the loan from the RLF, Low-to moderate-income (LMl) persons must hold 51 percent. The LMI Family Income requirements must be based on the most current Section 8 income limits at the time of the loan. Completed Employment Surveys will be sent to Anoka County for reporting to HUD. c. Job creation and/or retention activities must be completed within twenty-four (24) months of the local loan. At least 1 job must be created or retained for low- to moderate - income persons for each $35,000 ofCDBG funds loaned. 4. All housing rehabilitation loan proceeds must: a. Be used to improve permanent residential structures benefiting low to moderate- income households. The household LMI income requirements must be based on the most current Section 8 income limits at the time of the loan. b, Owner occupied 1 unit structures must individually meet the LMI, be owner occupied and the primary residence c. Structures of two units, at least one must meet LMI, and structures containing three or more units are required to meet a 51 % minimum requirement of LMI households. 5. Loan may only be made to projects meeting "same activity" and within a "reasonable time". a. Same Activity - Grantee has an application that has been previously submitted and approved by the Grantor. Program income generated from the original application sets forth the use of funds for the same b. Reasonable time - The balance of the RLF will be reviewed on the quarterly reports. If any balances exist in the account for more than twelve (12) months with no activity, dollars must be returned to the County of Anoka. 6. No loan shall be provided to replace existing financing. 7. The Grantee will have on file documentation of how fmancial need was determined and documentation that a thorough financial analysis was completed prior to the loan. 8. The quarterly reporting of the RLF activity shall be submitted to the Community Development Department at Anoka County no later than thirty- (30) days after September 30, December 31, March 31, and June 30. Failure to comply may result in the returning of the entire RLF to the Grantor. The Grantor shall have the authority to request additional information when it deems necessary. This report will include totals for; interest earned, expenses paid, loan made, program income received and the ending balance. o Page4of6 @) o SECTION ill - REMEDY The grant, which was provided to the Grantee by the County of Anoka then loaned to a business or owner, is hereinafter the Original Loan. All local loans made from the receipt of program income from the Original Loan are hereinafter Subsequent Loans. A. The Grantee agrees that in the event of the failure of the Original Loan it will follow the remedy measures herein: 1. The Grantee will take all legal remedies available and return funds to the County 2. The Grantee will return to the Grantor all unencumbered RLF monies associated with the failed Original Loan. 3. In the event of fraud by the Grantee, non-federal funds shall replace the amount from the RLF. In the event of fraud by the recipient, all possible legal remedies will be taken by the Grantee within 90-days. o B. It is agreed that in the event of the mismanagement or failure of a Subsequent Loan, the remedy measure herein shall apply: 1. In the event of a Title 1 violation, when applicable, the Grantee will have the following options of: a. Replacing the loan amount in violation from non-federal funds, b. Surrendering the capacity to keep all program income associated with the RLF account 2. In the event of failure of a subsequent loan all legal remedy must be exercised by the grantee within l80~days 3. In the event that National Objective does not meet LMI requirements, by project completion by the subsequent loan recipient, the loan becomes due and payable immediately and the Grantee must take all legal remedies available. C. The Grantor has the authority to make a decision to determine the capacity of a Grantee in the event of mismanagement of an Original or Subsequent Loan. Capacity is defined as the minimum performance required by the County of Anoka in order for a Grantee to administer an Original Loan or Subsequent Loans. Notices. All notices, consents, demands, requests and other communications which mayor are required to be given hereunder shall be in writing and shall be deemed duly given if personally delivered or sent by United States mail, registered or certified, return receipt requested, postage prepaid, to the addresses set forth hereunder or to such other address as the other party hereto may designate in written notice transmitted in accordance with this provision. L In the case of the Grantor to: Anoka County Community Development Department 2100 3rd Avenue Anoka, Minnesota 55303 o Page 5 of6 @ o 2. In the case of the Grantee to: City of Andover Community Development Director 1685 Crosstown Blvd NW Andover, Minnesota 55304 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the last day and year as set forth below. GRANTEE: By: Title: Date: o By: Title: Date: o GRANTOR: By: Steve Novak, Division Manager Governmental Services Date: APPROVED AS TO FORM: By: Assistant County Attorney Date: Page 6 of6 @J o ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: CC: Mal"" '"" Council Memb"" ~ Jim Dickinson, City Administrator . David D. Berkowitz, City Engineer"lSl>. , . Todd Haas, Asst. City Engineer Consider Appointments/Coon Creek Watershed District Vacancies- Engineering FROM: SUBJECT: DATE: March 20, 2007 INTRODUCTION This item is in regard to recommending to the Anoka County Board of Commissioners an individual or individuals to serve as a manager on the Coon Creek Watershed District. o DISCUSSION There are two managers whose terms expire on May 27, 2007 for the Coon Creek Watershed Board. They are Warren Hoffinan who resides in portion 15 of the Watershed District and Bill MacNelly who resides in portion 53 ofthe district. It is unknown at this time if Warren Hoffinan and Bill MacNelly will seek reappointment. An article was placed in the current Andover newsletter for those that were interested in serving on the board and Anoka County had previously placed a public notice in the Anoka County Union and Forest Lake Times. To date, only one individual has shown interest in serving on the board from Andover. The individual is Tim Weiss. Attached is Mr. Weiss's letter indicating his interest. If the City Council is interested in Mr. Weiss, a letter from the City needs to be forwarded to the County Board of Commissioners by March 27,2007. ACTION REQUIRED The City Council is requested to consider submitting a letter to the Anoka County Board of Commissioners recommending Tim Weiss to be appointed to the Coon Creek Watershed District. Respectfully submitted, o T~~ ", ../ Attachments: Coon Creek Watershed District Map & Letter from Tim Weiss r Coon Creek Watershed District .. 2 7 6 3 N W*E s LEGEND CJ HYDROLOGIC AREAS CJ COMMISSIONER DISTRICTS ANDOVER BLAINE COLUMBUS COON RAPIDS HAM LAKE o o o Mar 15 07 09:33a Tim and Deb 763-783-1175 p.1 TIM WEISS 15840 Uplander St. NW Andover. MN 55304 763-783-1175 tj.weiss@comcast.net March 15. 2007 Todd Haas City Of Andover Dear Todd. This letter is to inform you that I am interested in being nominated to the Board of Managers for the Coon Creek Watershed District. As an avid outdoorsman. I am aware of the impact that proper wetland practices have on our environment. Although my background is in the Construction and Aviation fields. I have a strong desire to be actively involved in a public Govemment board that oversees the management of our resources. The future development in the District needs to be properly managed so that the impact is minimal on the Watershed's water and land resources. I can assure you that my goal as a Manager would be to protect the water quality and preserve the wildlife habitat for the citizens of the Watershed District. Sincerely, -z::[}~ TIm Weiss o o o @ To: 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: Will Neumeister, Community Devel t Director wL SUBJECT: Comprehensive Plan Update Progress Report - Planning DATE: March 20,2007 INTRODUCTION As was reported in February, the City Staff have been working on the draft of the Comprehensive Plan update. This brief summary covers the progress we are making on the draft. Staff will continue to work on this and when additional information is completed it will be presented to the Council. In summary, here is what is going on: . Dave Berkowitz, Todd Haas and Jason Law continue to work on the Sewer Plan, Water Plan and Transportation Plan. Staff has submitted population projections to our consultants to complete the modeling of how growth will affect the sewers and roadways in Andover. The actual text of both the sewer and transportation plan are being modified "in house" by staff. Staff is working with SEH on the water plan. Most of these portions of the plan will be available in a draft form sometime near the end of May. . Todd Haas has been reviewing improvement plans with the Park and Recreation Commission for all parks in the City. The goal is to be done reviewing them over the next two months. . Courtney Bednarz, has been working on updating the Land Use section of the plan and has begun to incorporate new graphics into this section, including new goals, objectives and policies that the Council as well as the Planning Commission will need to review (see attached). . As indicated in the last update, staff is using 3.0 units per acre density used in the Rural Reserve and 2.45 units per acre in all other areas of the City. . We are working on an "Overview" section that will provide the "Big Picture" of what gnides development in Andover and will direct the reader to more detail in the Comprehensive Plan (see reverse side). Many times the Comprehensive Plan doesn't really show what is anticipated very succinctly. This section could be very helpful and will be 'something that we can direct people to read quickly and give people a better feel for where the City is now and where it is going. ACTION REOUESTED This is an update of work that has been ongoing. A draft of some sections of the Comprehensive Plan update are attached. No action is requested of the Council. However if they would like, they may provide direction. Respectfully Submitted, Will Neumeister ~ Attachments o o o Comprehensive Plan Overview ("Draft" 3/27/01) D~4J:,. Development in Andover is affected by a variety of elements that factor into where growth will happen. New housing developments in Andover are dependent upon where the sewer pipes are currently located and who owns the land. New residential housing will be built out by the schedule shown in the sewer staging plan. There are sewer lines that were built many years ago that have been recently analyzed and because they are limited in capacity, that dictates the average density future new housing can be developed at. The sanitary sewer analysis that has been prepared shows that the lines already in the ground can handle no more than 2.45 units per acre of residential density for the ultimate service areas shown on the growth phasing maps. These sewer lines were placed there many years ago, and are limited in service capacity. The City has agreed to plan for future urbanization of the area referred to as the "Rural Reserve". That area is likely to develop years into the future, as there is currently Agricultural Preserve designation placed on a significant portion of the area. The Agricultural Preserve designation is to be removed from the lands in this area by late 20 I O. It is expected that removal of that designation will be one of the factors that might trigger development of a portion of the "Rural Reserve" area. Another factor that will likely be a large determinant is whether it is fmancially feasible to perform. soils. correction on the organic. soils that exist in the area. Furthermore, before the area develops, the developers must be willing to be assessed for the trunk sewer to be extended from Bunker Lake Boulevard up to the area north of Coon Creek. This will likely happen once the current housing market switches over to one that is more favorable to new home construction and the factors stated above have been taken into account. Andover has the largest household size of any community in Anoka or Hennepin County. Over ninety percent of households are owner occupied. Statistics indicate that Andover is primarily comprised of young families. Education and income levels are also among the highest in the region, indicating that Andover's residents comprise a highly skilled workforce. Housing options range from rural acreage lots to urban townhomes, with the predominant housing being owner occupied, single-family homes. Residential growth rates in Andover have been fairly consistent over the last ten years. The trend has been primarily towards single family, but a few multi~family residential developments remain to be completed. A few parcels of land remain guided for medium and high-density development as was the case when the Comprehensive Plan was last updated in 2001. As explained above, the addition of any new multi-family units is restricted by the capacity of the sewer pipes in the ground, which are not feasible to replace or upsize. Nearly 85% of Andover is guided for residential development. If all the sites gnided for medium and high density residential are built out, the City will meet the Metropolitan Council's fair share goal for Andover. The City still remains committed to completing a mixed-use development known as "Andover Station" located west of the intersection of Hanson and Bunker Lake Boulevards. TIris redevelopment area is well on its way towards becoming a very diverse mixed-use area, with townhomes, retail and office developments, ballfields and even some light industrial sites. It is likely that the remaining vacant sites in this area will "build out" by 2010. Other notable commercial developments in the City m:e neighborhood retail centers located at major intersections of Round Lake, Bunker, Crosstown and Hanson Boulevards. The preservation of open space will likely be a key development issue over the next planning period as the referendum (to allow the City to purchase open space) passed in the fall of 2006. This will require the City to evaluate where open space will be purchased and how it will be used to tie together the existing system of . parks, trails and public open space that already exists. One of the bigger issues that is new to this comprehensive plan is planning for funding of needed county roadway improvements (i.e. intersection upgrades). This comprehensive plan will bring forth new policies on how the new developments abutting the roadways needing improvements will be required to pay for a proportionate share of the needed improvements. ~ Metropolitan Council Local Planning Handbook I Comprehensive Plan Update Transmittal Form o 2008 Comprehensive Plan Update Transmittal Form This transmittal form serves as a checklist for municipalities to ensure the comprehensive plan update submittal is complete. The Metropolitan Council's Local Planning Handbook provides more detailed information about each of these requirements, and in some cases includes recommended definitions and report formats. All items must be adequately addressed for the Council to find the comprehensive plan update complete for review. Indicate the page number where the each item can be found in the comprehensive plan update. Items that are not applicable to all municipalities are marked "if applicable. II Type "NAil in place of a page number if the item is not applicable. This form and the Local Planning Handbook are available on the Metropolitan Council's website: . Handbook: http://www.metrocouncil.ora/planning/LPH/handbook.htm . Transmittal Form: http://www.metrocouncil.org/olanning/assistance/resources.htm CONTACT INFORMATION Local Governmental Unit Contact Name o Contact Title Address City, State, and Zip Telephone Number Email Address Fax number HANDBOOK SECTION 1: PROCESS httD:/ /www.metrocouncil.ora/Dlannina/LPH/LPHSectl.Ddf Local Approval Requirements Date of Action: commission Other Government Unit Review Requirements Date Sent: o School districts: Other overla 'urisdictions: January 2006 1 ~ Metropolitan Council Local Planning Handbook I Comprehensive Plan Update Transmittal Form o HANDBOOK SECTION 2: FOUNDATION htto: / /www.metrocouncil.ora/olannina/LPH/LPHSect2.od Plan Content Requirements Page(s} where this item can be found: Polices and ob'ectives Re ional Plannin Area desi Po ulation, household and em 10 ment forecast * Based on 2030 Regional Development Framework Growt HANDBOOK SECTION 3: LAND USE htto: / /www.metrocouncil.ora/olannina/LPH/LPHSect3.odf Land Use Requirements Page(s} where this item can be found: Surface water ma and definition of cate ories. Future land usema and definition of cate ories Existin and lanned land use table Residential develo ment conforms to re lans Housin Solar access rotection Historic reservation A re ate resource rotection, if a Iicable Critical Area Plan, if a Iicable HANDBOOK SECTION 4: TRANSPORTATION httD: / /www.metrocouncil.ora/olannina/LPH/LPHSect4.odf Road and Highway Requirements Page(s} where this item can be found: Forecast allocation to Traffic Anal sis Zones Functional roadwa classifications o issues Access mana ement January 2006 2 ~ Metropolitan Council :;iU Local Planning Handbook I Comprehensive Plan Update Transmittal Form o Bicycle and Pedestrian Requirements Page(s} where this item can be found: edestrian olicies and ro rams edestrian facilities ma edestrian connections to transit Special Traffic Situation Requirements Page(s} where this item can be found: reservation, if a Iicable Corridor and sub-area studies if a licable *Required for Downtown Minneapolis, Downtown St. Paul, University of Minnesota and MSP area. Transit Requirements Page(s} where this item can be found: Descri tion and ma of existin lanned transit facilities o Aviation Requirements Page(s} where this item can be found: Airspace protection Iicable Influence areas* maps, policies and plans, if a Iicable Heli orts 5 ecial aviation facilities if a Iicable *Influence areas include noise, height, safety, development, operation, infrastructure and environment. HANDBOOK SECTION 5: WATER RESOURCES htto :llwww.metrocouncil.ora/olannina/LPH/tPHSectS.odf What type of wastewater treatment methods are used within the municipality? (Check all that apply) Re ional Wastewater Treatment o Privatel OwnedjCommunit Treatment 5 stem January 2006 3 ~ Metropolitan Council Local Planning Handbook I Comprehensive Plan Update Transmittal Form o Wastewater Plan Requirements Page{s) where this item can be found: Pro'ected sewer flow volume Infiltration and inflow mana ement Iicable licable Required Water Related Plans Date Approved/By Date Submitted to Agencies Local Surface Water Mana ement Plan Water Su I Plan StormwaterjErosion Control Ordinance HANDBOOK SECTION 6: PARKS htto: / /www.metrocouncil.ora/olannina/LPH/LPHSect6.odf o Parks Plan Requirements Page{s) where this item can be found: and descri tion HANDBOOK SECTION 7: IMPLEMENTATION htto :llwww.metrocouncil.ora/olannina/LPH/LPHSect7.odf Implementation Requirements Page(s) where this item can be found: Describe official controls Current zonin ordinances and ma * Schedule for u Housin 1m lementatlon ro ram * Submit two (2) copies of the municipality's updated official controls including zoning and subdivision ordinances within 9 months. o January 2006 4 0 II III ~ "Cl = III ... l"i = .; '" ~ ::> := ~ C> Q II .g II) '0; .ll: e ~ .... ~ 0 ,Cl j "Cl = c II ~ : Cll ..e- '" = e 'i: [;l = '" III lii ;: '" 1;\, 'i ~ C> .0 ~ ... 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Q) Q)t) u-g ~ '" Q) >- '" 0.-<:1 ::J ",Q)o. ==1iJE c c '" ::Jot) CD (f) ."." ~ OJ..... ~ _!: '* Q)-o(f) g--fi .g ~c- 0..- ..c en OJ :J -> ~ a.. oc~ (l,Q)c c: :g :J 0'" 0 ~8!t) .- '" ~~~ Q) rn c "Cffi<e Eo-o .2..t: $ ~ .2l 8- E I 0 __000. o {I!..... "'''0 Q)"'- ONOO "'NN CDgj~ Q)-ol- -g.ao ug..... c: ._ f/J 0- f/J..o ~ 5'Q. gu~ "Q)~ .~'e~ ~ 0.-0 0.0 '" 0~11l ~o- ONI1l N,O ~f'._ oOc OOQ) NNE ..>- "1.00 0>",- N~ ~ ~I-~ . ~ . "Draft" 3/37/07 ~~A ,~~ o Chapter One: Foundation of The Comprehensive Plan Identity Andover is primarily a residential community with established urban and rural neighborhoods. Greater than ninety percent of the city's housing stock is owner occupied. Families with school age children comprise the largest portions of Andover's population. Residents value the rural character of the community, the local schools, the park system and their safe neighborhoods. These values have influenced the policies of the city. Areas planned for urban development are balanced with rural areas to allow the rural character of the community to be preserved. This growth pattern is reflected in the Metropolitan Council's 2030 Regional Development Framework which provides Andover with both Developing Community and Rural Residential planning area designations. More information on these designations is provided in Chapter Two: Land Use Plan. o As the city's population has grown, so has the demand for commercial development. The result has been consistently strong occupancy of previously existing commercial centers like the Downtown Center, successful redevelopment of former industrial properties into Andover Station and Andover Station North as well. as expansion of the commercial tax base to include neighborhood centers like Andover Clocktower Commons and Hanson Commons. Growth Forecast The 2030 Regional Development Framework prepared by the Metropolitan Council provides a population, household and employment forecast for each community in the seven county metropolitan area. The purpose of this information is to determine how investments in regional systems will need to be made to accommodate the growth forecasted for the region from 2000 to 2030. Similarly, the city must plan and budget to ensure that local services, systems and facilities can be provided to accommodate growth. The table below is the forecast provided by the Metropolitan Council. Andover Growth Forecast Source: Metropolitan Council 1990 2000 2010 2020 2030 Population 15,216 26,588 33,000. 39,000 40,500 Households 4,430 8,107 12,100 14,600 15,500 Employment 1,200 3,062 4,200 4,800 5,200 o o o o ~4~)' Goals, Objectiv sand P Iicies The following pages describe the goals of the community and the strategies that are employed to achieve them. The goals, objectives and policies are structured according to the topic that they address. However, it is important to remember that these statements are interrelated. As a result, the cause and effect for each topic must be considered when decisions concerning the Comprehensive Plan are made. For the purposes of this plan these terms are defined as follows: Goal: A statement that expresses a desired outcome or state of affairs. Objective: A statement that provides direction on how the goal will be achieved. Policy: A specific action that will be taken or a general rule that will be applied to a specific situation. Overarching Goals, Objectives and Policies Goal 1: Maintain and enhance the quality of life in Andover Objective: Efficiently provide services to improve all aspects of the city that contribute to quality of life including land use, public safety, transportation, recreation, health, education, and resource preservation. Policy: Prepare, implement, periodically evaluate and update local controls such as: . Comprehensive Plan . City Code . Capital Improvement Plan . Water Resource Management Plan . Stormwater Pollution Prevention Program . Park Improvement Plan Objective: Preserve the rural character of the community Policy: Preserve the Rural Residential Planning Area Designation Identified by the Metropolitan Council 2030 Regional Development Framework Policy: Control the expansion of municipal sewer and water through implementation of the Land Use Plan. 2 o o o Policy: Goal 2: Objective: Policy: Policy: Policy: Policy: Policy: Policy: Goal 3: Objective: Policy: Policy: ()~4J:')' Preserve natural areas through implementation of the Parks and Open Space Plan. Maintain a high degree of community planning and involvement Ensure an open and accessible local government that is responsive to the needs of residents Provide access to information in a variety of forms including the newsletter, official newspaper, web site and televised meetings. . Maintain healthy relationships with residents, community groups, school districts, and government agencies to ensure all points of view are represented. Promote participation in citizen advisory committees. Consider all available information and the potential impacts on all aspects of the community when making land use decisions. Maintain a mix of land uses, including schools, professional and medical office, retail, community and park facilities to provide a vital node of activity in the vicinity of City Hall. Utilize a variety of public hearing notification methods including direct mailing, publication in the official newspaper and signs placed on subject properties. Maintain the Comprehensive Plan as a relevant official document Consider Comprehensive Plan amendments that better achieve the goals, objectives and policies of the Comprehensive Plan Adhere to the goals, objectives and policies of this Comprehensive Plan to prevent incremental decision making that adversely affects the intent of the plan. Review Comprehensive Plan text amendments with the following criteria: . A public need for the proposed amendment can be identified . The proposed amendment is the best way to satisfy that need . The amendment is consistent with the goals, objectives and policies of the Comprehensive Plan. 3 Policy: DR4J:r . The amendment is in the best interest of the City of Andover as determined by the City Council. Review Comprehensive Plan Amendments concerning a proposed land use change with the following criteria: o o . Conditions have changed since the present land use designation was established such to warrant the proposed amendment or the present land use designation is in error . The proposed land use is compatible with surrounding land uses and with the goals, objectives and policies of the Comprehensive Plan . There is capacity of public systems, facilities and services to serve the proposed land use and capacity of these systems to serve other planned land uses is not adversely affected . Agreement can be reached for the applicant of the proposed land use to pay for any increased capacity of public systems, facilities and services required to serve the proposed land use. . Potential impacts by the proposed land use on natural resources including vegetation, wetlands, floodplain and other natural features can be avoided or sufficiently mitigated as determined by the City Council Land Use Goals, Objectives and Policies Goal 4: Allow residential growth while maintaining the quality of natural resources and amenities Objective: Clearly define areas for urban and rural residential development. Objective: Promote orderly growth to ensure efficient utilization and delivery of community services. Objective: Prevent extension of infrastructure that is inconsistent with the Comprehensive Plan. Objective: Work cooperatively with resource protection agencies and organizations to minimize the impact of development on natural resources and amenities. Objective: Create opportunities for the city to preserve open space and natural amenities through review of development proposals and o implementation of the Parks and Open Space Plan. 4 o Policy: Policy: Policy: Policy: Policy: Policy: Policy: 0 Policy: DR4J:r Maintain a Municipal Urban Service Area (MUSA) Boundary to define the boundary between the Developing Community and Rural Residential planning area designations of the 2030 Regional Development Framework. Stage urban development within the MUSA Boundary to ensure orderly growth and expansion of infrastructure. Review and update the staging plan periodically to address changes in times and conditions. Prohibit platting of property without municipal sewer and water within the MUSA Boundary. Restrict lot splits without municipal sewer and water within the MUSA Boundary. Encourage infill development within the MUSA Boundary with appropriate transitions to existing neighborhoods. Allow rural development outside of the MUSA Boundary consistent with the Rural Residential Land Use Designation. Require existing conditions information to be provided during the development review process to allow evaluation of opportunities to preserve and protect natural features and open space. Policy: Engage local watershed management organizations and other appropriate agencies and organizations in the review of development proposals Goal 5: Encourage appropriate economic growth and redevelopment. Objective: Develop a diversified tax base through balanced development of commercial, light industrial, and residential properties Objective: Create a downtown area by aggregating commercial land uses along Bunker Lake Boulevard between Hanson Boulevard and Crosstown Boulevard Objective: Select strategic locations for neighborhood commercial sites and establish design performance standards for such uses that promote quality site design and compatible land use arrangements. o Objective: Prevent the intensification of neighborhood commercial areas that may negatively affect surrounding residential properties. 5 o o o Policy D~4J:r Maintain the existing commercial nodes along Hanson Boulevard, Bunker Lake Boulevard and Round Lake Boulevard as cohesive, interrelated nodes of commercial activity Policy: Prevent fragmented, uncoordinated and linear commercial development away from these locations Policy: Provide limited opportunities for commercial development in other areas of the city only when demand is demonstrated with a professionally prepared market study. Policy: Ensure new development and redevelopment has a positive impact on the community by providing appropriate transitions and demonstrating compliance with the City Code. Policy: Promote redevelopment of existing industrial zones to accommodate industrial development. Policy: Allow limited industrial development within Andover Station North when the use, site design, and building architecture are compatible with the existing and planned uses within this commercial center. Goal: Protect and develop access to direct sunlight for solar energy systems Objective: Preserve reasonable access to direct sunlight for all parcels so that alternative forms of energy can be used to supplement or replace conventional forms of energy Policy: Encourage and support educational programs and research that focuses on alternative or renewable energy systems such as offered by Metro Cities, University of Minnesota Extension Services, Minnesota Office of Environmental Assistance, Anoka County and other organizations. Policy: Encourage the use of solar energy in future housing developments through such programs as the "Energy House". Policy: Encourage future site and building plans to design for efficient use of solar energy including such elements as the location of windows, shade trees, windows, and driveways. Goal: Reduce maintenance and energy costs for public facilities and infrastructur 6 o o c Objective: Policy: D~4}:' Where feasible, use solar energy design elements for future public r facilities and infrastructure development. Explore alternative energy sources when replacing existing systems in public facilities Housing Goals, Objectives and Policies Goal: Goal: Objective: Objective: Objective: Policy: Policy: Policy: Policy: Policy: Provide a variety of housing types to accommodate the lif cycle needs of all residents Remain responsive to housing market demands through the implementation of the Land Use Plan. Utilize the existing housing stock to provide a portion of the affordable housing demand projected by the Metropolitan Council. Utilize local controls to provide opportunities for a variety of housing types, including affordable housing. Continue to work with agencies that provide affordable housing and housing for residents with special needs. Work with property owners to identify sources of funding for home improvements to prevent deterioration of the city's older homes Continue the housing rehabilitation revolving loan program to provide maintenance assistance for housing occupied by low to moderate income families and individuals. Support Anoka County's efforts to implement the Five Year Consolidated Plan. Utilize the planned unit development review process for medium and high density residential projects to encourage more efficient allocation of density and intensity of land use Support public service agency applications for the Community Development Block Grant Program. 7 o o o Transportation Goals, Objectives and Policies D~4P}' Goal: Provide a safe and efficient transportation system that is cost effective and serves the existing and future access and mobility needs of the City. Ensure adequate internal and external transportation access and links for efficient movement of people and goods. Objective: Objective: Provide a transportation system that enhances quality economic development within the City Objective: Provide a transportation system that meets the varied needs of Andover residents Objective: Consider the mobility needs of all persons in the planning and development of the transportation system. Policy: Provide for early and continuing citizen involvement in transportation planning and implementation of projects. Policy: Provide a roadway system within a functional hierarchy that accommodates existing and future travel demands by providing the necessary design features to satisfy the roadway's intended use. Policy: Provide sufficient roadway capacity through the construction of transportation system improvements that accommodate existing and future demand. Policy: Require construction of transportation system improvements in conjunction with new developments when the need is created by the new development. Policy: Require payment for future transportation improvements as a part of development approval proportionate to the demand created by new developments Policy: (can we be more specific and reference actual design crit ria) Ensure that all components of the transportation system are maintained and developed to the highest standards to insure against detrimental impact upon community growth. 8 o o o Policy: D~A 'Pr Utilize the Capital Improvement Plan to schedule projects that increase public safety by minimizing hazards and correcting poorly designed intersections and access points. Goal: Provide a coordinated transportation system that is compatible with adjacent municipality, Anoka County, Metropolitan Council and State of Minnesota transportation plans. Objective: Coordinate transportation planning and transportation system improvements with other govemment agencies to increase efficiencies Objective: Increase opportunities for funding of local transportation system improvements from federal, state and county funding sources Policy: Coordinate grant applications and other funding requests, when appropriate, with neighboring municipalities, as well as state, regional and county agencies. Policy: Coordinate participation of Anoka County and adjacent cities, where appropriate, in the provision of Transportation Plan elements Goal: Provide multi-modal transportation options whenever and wherever feasible and advantageous, Objective: Periodically evaluate potential ridership and feasibility of joining the Metropolitan Transit Taxing District to provide additional transit options for Andover residents Policy: Identify locations for park and ride facilities and preserve the ability to implement these facilities in the future Policy: Promote ridesharing and increased vehicle occupancies throughout the City. Goal: Minimize impacts of the transportation system on the natural environment Objective: Ensure environmentally sensitive implementation of the transportation system through the planning, design and construction of improvements 9 Objective: D~A -iPr Consider the impacts of improvements to the existing transportation system on land use, environmental, social, historic, and cultural resources. Policy: Adhere to best management practices and all components of the Implementation Plan during the planning, construction and maintenance of the transportation system. Policy: Separate non-motorized traffic from arterial and collector roadways Policy: Encourage joint parking facilities to conserve land Goal: Enhance accessibility by providing an interconnected multi- use trail system. Objective: Provide an accessible trail system that links residential neighborhoods, commercial developments, and park areas. Objective: Utilize multiple funding sources to complete the regional and local trail systems Objective: Coordinate trail construction with street improvement projects, new development, expansion and redevelopment projects Policy: Maintain a map of existing and future local and regional trails and coordinate trail planning, construction and maintenance in the Capital Improvement Plan Policy: Fund regional trail system improvements adjacent to residential properties with trail fees collected from new residential developments Policy: Require regional trail construction adjacent to commercial and industrial properties, where shown on the trails plan, in conjunction with development, expansion and redevelopment projects. Policy: Require local trail construction adjacent to residential, commercial and industrial properties, where shown on the trails plan, in conjunction with development, expansion and redevelopment projects. Policy: Develop trails in accordance with the American Association of State Highway Transportation Officials (AASHTO) standards. o Policy: Coordinate trail and sidewalk improvements, where appropriate, with Anoka County and neighboring cities. 10 o o o Water Resources Goals, Objectives and Policies Parks and Open Space Goals, Objectives and Policies 11 o Chapter Two: Land Use Plan ~4):'}' This chapter defines the different land uses that presently exist in Andover and describes the growth management strategy that will guide future development. Specific goals, policies and objectives are provided in Chapter One: Foundation of the Comprehensive Plan. Land Use Districts Land use districts are established to ensure compatible development and to protect natural resources and amenities. The location of the various land use districts is shown on the Land Use Map (Figure 2.2). The district definitions provided below are intended to state their purpose, provide location criteria and describe the relationship of each district with other land uses. R sidential land Use o Rural Residential (RR) district provides an area for low intensity residential development in areas outside of the Municipal Urban Service Area (MUSA) that will not be served by municipal sewer and water. The minimum lot size is 2.5 acres to provide sufficient space for on site sewer and water facilities and to prevent dense development that would create an adverse impact on municipal and regional infrastructure. However, smaller acreage lots exist in areas subdivided prior to 1978 and in the two previously approved rural planned unit developments: Nightingale Preserve and Timber River Estates. This district must be protected from higher intensity land uses, including the Urban Residential Low Density Land Use District, with appropriate transitions. This district also accommodates agricultural land uses. Minimum Lot Size 2.50 acres City Utilities None Corresponding Zoning Districts R-1 - Single Family Rural Residential R-2 - Single Family Estate R-3 - SinQle Family Suburban Type of Development Single Family Detached Housing, Agriculture o Urban Residential low Density (URl) district is established to create cohesive neighborhoods of single-family detached housing within the MUSA and with access to municipal sewer and water. Residential lots within this district are sized to allow efficient utilization of municipal infrastructure as well as to provide an area large enough to accommodate housing market demands. These neighborhoods must be protected from higher intensity uses with appropriate transitions. These include natural features such as trees, wetlands, streams or major changes in topography. Man-made elements such as streets, parks or earth berms in combination with landscaping are also appropriate. When adjacent to arterial roadways, additional setback distance, 12 o landscaping and berming is required. Facilities that generate noise, traffic, and/or glareJ::,. also require major separation from these neighborhoods. Minimum Lot Size 11,400 square feet Density Up 3.6 units per acre PUD Density Up to 4 units per acre City Utilities Required Corresponding Zoning Districts R-4 Single Family Urban Residential Type of Development Sinqle Family Detached Housing, o Urban Residential-Medium Density (URM) district provides areas suitable for a variety of attached and detached dwelling units. The URM district helps to address the need for life cycle housing with increased density and smaller lot sizes. This district, with appropriate transitions, can serve as a buffer between lower density residential and commercial districts and may also be appropriate along higher volume transportation corridors, such as collector and arterial roadways. These neighborhoods are created as part of a planned unit development that ensures efficient distribution of density and to achieve appropriate transitions between uses of different intensity and transportation corridors. These transitions are achieved with a combination of landscaping, berming and physical separation. Minimum Lot Size Variable Density Up to 5 units per acre PUD Density Up to 6 units per acre City Utilities . Required Corresponding Zoning R-4 Single Family Urban Residential I Districts M-1 Multiple Dwellina Medium Density Type of Development Single Family Detached, Two Family Residences Town homes and Condominiums with private entrances o Urban Residential - High Density (URH) district provides additional affordable housing choices for all stages of the life cycle. Owner occupied as well as rental housing is permitted, Planned unit development review is used to establish standards that are specifically designed for each development. Potential sites for this district must be evaluated to ensure sufficient capacity of municipal infrastructure can be provided. Location near higher volume transportation corridors, such as collector and arterial roadways is necessary to accommodate the increased level of traffic generated by this land use. Location near shopping, service, transit and park facilities is also desirable. Appropriate transitions between this district and other districts or transportation corridors are necessary. These transitions are achieved with a combination of landscaping, berming and physical separation. 13 o c o Minimum Lot Size Densi PUD Density City Utilities Corresponding Zoning Districts Type of Development Variable Up to 12 units per acre Up to 14.4 units per acre Re uired M- 2 Multiple Dwelling High Density Single Family Dwelling Two Family Dwelling Multiple Dwellings Must abut collector or arterial street Best located near shopping, service, transit and parks Location Criteria Commercial Land Uses Limited Commercial (LC) land use district is designated for locations in the community that should be limited to primarily office uses due to their location in proximity to residential neighborhoods. This district can be used to transition from residential neighborhoods to more intense commercial uses or transportation corridors. The site design and building architecture is required to complement adjacent residential neighborhoods when so located. A combination of landscaping, berming and physical separation is necessary to provide an appropriate transition to residential neighborhoods. Area Requirements 1-5 acres City Utilities Only within MUSA Corresponding Zoning Districts LB - Limited Business Type of Development Professional office and similar uses; not including retail Location Criteria Adjacent to collector or arterial street or within a larger commercial development Design to complement surrounding land uses. Development Criteria Special care for transitions to residential. N ighborhood Commercial (NC) land use district is designated for businesses that provide services and retail goods to meet local neighborhood needs. The trade area and size of these businesses is smaller than those found in General Commercial areas. Site design and architecture is carefully reviewed to create a cohesive center that complements adjacent land uses. Linear design with store fronts and blank walls is prohibited. Special care is taken to provide appropriate transitions to residential neighborhoods with landscaping, berming and physical separation. This district requires location along a collector or arterial roadway and convenient pedestrian 14 o access. Neighborhood commercial locations are separated from more intense commercial land uses to avoid pressure to expand intensity beyond neighborhood scale. Area Requirements 1-5 acres City Utilities Required Corresponding ZoninQ Districts NB Neiohborhood Business Type of Development Retail trade and services serving immediate area Location Criteria Must abut intersection of collector or arterial streets Design to complement surrounding land uses. Development Criteria Limit to development nodes. Strip development prohibited. Special care for transitions to residential. Convenient pedestrian access. o G neral Commercial (GC) is intended to be the focal point of commercial activity in the city on a larger scale than the Neighborhood Commercial district and may serve a trade area that extends beyond the City limits. This district provides a complementary mix of uses, including retail, service, office, entertainment and civic facilities. Site design must provide convenient access for pedestrian and vehicular traffic. The architecture of structures must complement an overall architectural theme for that district. General Commercial districts that are located adjacent to residential properties must provide extensive berming, landscaping and physical separation to ensure an appropriate transition is created. Area Requirements More than 5 acres City Utilities Required Corresponding Zoning Districts SC Shopping Center GB General Business Type of Development Variety of commercial uses with laroe market area Location Criteria Must abut intersection of collector or arterial streets Design to complement surrounding land uses. Development Criteria Limit to development nodes. Strip development prohibited. Special care for transitions to residential. Convenient pedestrian access. Transitional Land Uses o Transitional land uses encompass areas where future land use may differ from that of the designated Zoning District. Transitional districts recognize the possibility for land use to change in the future with the arrival of municipal sewer and water, but do not exempt development under current Zoning Guidelines. 15 o o o D~4J:' Transitional C mmercial (TC) district contains properties within the MUSA that are r currently zoned for residential development, but may potentially become commercial because of their proximity to existing commercial development or location at the intersection of major transportation corridors. When municipal sewer and water are available, properties in this district may develop as either residential or commercial under the rules of the Zoning Ordinance and Comprehensive Plan. A Rezoning requires a contract as specified in the City Code. Transitional Residential (TR) district contains properties within the MUSA that are currently zoned for rural residential uses (R-1, R-2, and R-3). These properties are guided for urban development in 5 year stages as shown in Figure . Property designated Transitional Residential may only be platted under urban residential guidelines and served by municipal utilities. Lot splits may only occur without municipal services under the requirements of the City Code. Other land Use Districts Limited Commercial/Medium Density (LC/MD) District contains properties within the MUSA that have site characteristics conducive to either low intensity commercial or medium density residential development. This designation is used to provide a carefully planned transition from a major transportation corridor to established residential neighborhoods. The site design and building architecture is required to complement adjacent residential neighborhoods. A combination of landscaping, berming and physical separation is necessary to provide an appropriate transition. Public (P) designation identifies areas for present and future civic, government, school or other publicly owned and operated facilities. Open Space (OS) designation identifies areas that are protected from development through public ownership or agreement with private property owners. This designation is used for public parks and other areas designated for preservation of natural areas, water and air quality and wildlife habitat. Rural Reserve - (RR) district was designated as an area of approximately one thousand acres in size to accommodate future urban growth beyond the previously planned Municipal Urban Service Area. This area is restricted from development until a master plan has been approved and municipal sewer and water can be constructed to serve the area. The city has reached agreement with the Metropolitan Council that areas designated for residential development in the Rural Reserve will be developed at three units per net acre (subtracting parks, wetlands, floodplain, water bodies arterial roads, and other areas restricted from development). A copy of this agreement is attached as Figure _' 16 o . CURRENT LAND USE PLAN · TABLE OF LAND USES, INCLUDING SEWER · PROPOSED LAND USE PLAN · TABLE OF LAND USES, INCLUDING SEWER M tropolitan Council Planning area designations The Metropolitan Council provides generalized geographic planning designations in the 2030 Regional Development Framework. As shown in Figure 2.1, Andover contains two such designations: Developing Community and Rural Residential. The Metropolitan Council defines these designations as follows: Developing Communities - Developing area is that portion of the region that is in the path of urban growth. It includes communities beyond the fully developed areas up to the metropolitan urban service area boundary, or contains areas designated urban o reserved or diversified rural. The Regional Development Framework sets an overall minimum density standard of 3 to 5 units per acre in developed and developing areas where urban service is located or planned. It is important to note that density is calculated after land that cannot be developed is deducted from the total acreage. These deductions include wetlands, water bodies, public parks, open spaces, arterial road right-of way and other areas that are restricted from development by applicable land use regulations. Rural Residential - The land area identified in 4 communities (Ham Lake, Andover, Inver Grove Heights and Credit River Township) that are currently developed at one unit per 2 to 2Y2 acres or less, with no plans to provide urban infrastructure such as centralized wastewater treatment. MAP OF DESIGNATIONS FROM SYSTEM STATEMENT STAGING PLAN Undeveloped land within the Municipal Urban Service Area is divided into five year growth stages based primarily on the proximity of municipal sewer and water. The growth stages are intended to provide a reasonable estimate of urban growth to the year 2030. Property owners may choose not to develop even if their property is shown within the current growth stage. Property owners seeking to develop sooner than shown on the Staging Plan may petition the city to change the growth stage 17 o o o ~r designation. These changes are at the discretion of the City Council. The Staging Plan is represented on Figure Agricultural Preserve A portion of the agricultural land in the city is enrolled in the Agricultural Preserve Program. Minnesota Statute 473H, known as the Metropolitan Agricultural Preserves Act, establishes a program to encourage preservation of land for the production agricultural products by valuing agricultural property in the metropolitan area in a manner similar to out-state Minnesota. To qualify, the property must be zoned long- term agricultural by the city, with a maximum residential density of one house per forty . acres. The parcel must (normally) be forty acres in size. However, smaller tracts may qualify in certain instances. To enroll in the program, the owner obtains city approval and records a covenant with the County Recorder to leave the property in agricultural use. To remove property from the program the owner(s) file an "Expiration Notice" with the County Recorder. Eight years after the Expiration Notice is filed, the property is out of Agricultural Preserve. A waiver of the eight-year requirement may be granted only by action of the Governor due to some emergency. Figure _ shows the land enrolled in the Agricultural Preserve program. Floodplain and Wetlands Approximately _ percent of the land within the city is encumbered by wetlands and Floodplain as shown on Figure _' These features have affected the city's development pattern and provide a corridor of natural areas throughout most of the city. Wetlands and floodplain areas provide one of the basic building blocks for the city's open space preservation efforts more fully described in Chapter _: Parks and Open Space Plan. TEXT SUBSTANTIATING ABILITY OF CITY TO ACCOMMODATE STAGED GROWTH Housing Plan The Housing goals, objectives and policies described in Chapter One provide an overview of the Housing Plan. This section evaluates the City's housing stock, housing trends and provides a detailed implementation plan. 18 o o o Existing Housing Stock Summary Insert text based on data D~4P,. Age Type Own/rent Value Housing Trends I nsert text based on data Building permit chart Building permits by type (sf, townhouse, condo, septic) Platted lots chart Lot supply Affordable Housing The City of Andover acknowledges that it shares responsibility with the rest of the region to provide affordable housing. The housing goals, objectives and policies in Section One: Foundation and the implementation program defined below summarize the city's commitment to providing affordable housing. Further documentation of the need for affordable housing can be found in the Metropolitan Council publication titled 'Summary Report Determining Affordable Housing Need in the Twin Cities 2011 - 2020'. The definition of affordable housing as ownership that is affordable at percent of median income and rent that is affordable at percent of median income. Staff contacted the Metropolitan Council on December 19, 2006 with to clarify how that agency defined affordable housing as several of their publications contain different information. These questions remain unanswered. Implementation The implementation plan has two components. The first component is comprised of the various activities undertaken by the city. The second component consists of programs conducted by others that are supported by the city. Local Programs and Strategies R ntal Rehabilitation Revolving Loan Program This program provides loan assistance for maintenance and rehabilitation of rental. properties. The loan criteria require the funding be used to improve units occupied by low to moderate income individuals and families. The was initiated in 2003 with 19 C funding from the Community Development Block Grant Program. High Density Zoning The city continually maintains one or more undeveloped sites zoned for high density Residential development to provide opportunities for increased density and affordable housing. As these sites are developed, the city evaluates new sites that are appropriate based on a number of factors, including the efficient extension of municipal utilities and the capacity of the transportation system to support increased densities. Planned Unit Development This process is used for medium and high density residential projects to allow project specific zoning standards to be created. In this manner, virtually any requirement of the city can be modified based on the particular needs of the project. The City Council must authorize the use of planned unit development review for each proposal based on the criteria established in the City Code. Other Programs Metropolitan Council Section 8 Rental Assistance o Minnesota Housing Finance Agency (MHFA) Minnesota Mortgage Program Homeownership Assistance Fund Purchase Plus Program Minnesota Urban and Rural Homesteading Program Partnership for Affordable Housing Rental Assistance for Family Stabilization (RAFS) . Energy Cost Homeownership Program (ECHO) Anoka County Fair Housing Implementation First Time Homebuyer Program HOME Investment Partnerships program Housing Referral Assistance Community Development Block Grant Program Continuum of Care Shelter Plus Care (S+C) o Anoka County Community Action Program ACCAP provides a variety of programs for low to moderate income individuals and families, including pre-purchase education, confidential financial counseling, down payment assistance, post purchase follow up, reverse mortgage counseling, foreclosure prevention, housing maintenance assistance, various service areas. 20 o o o Historic Preservati n The city has one structure listed on the National Register of Historic Places. The 20 room Porter Kelsey home was built in 1887 with brick made from their own brickyard, the Kelsey Brick Company. Many years ago, brick from this brickyard was brought to Minneapolis by train and used for the inside walls of the courthouse. In Anoka, the former courthouse, the former Catholic Church, and many store fronts were of the same yellow brick made on the Kelsey Farm. 21 o o o Chapter Six: Implementation Plan J:,. Implementation programs are necessary to realize the goals, objectives and policies of the Comprehensive Plan. The implementation programs include: . Capital Improvement Program . City Code . Transportation Plan . Water Resources Management Plan . Storm Water Pollution Prevention Program . Park Improvement Plan Capital Improvement Program The City of Andover has a 5 year capital improvement program that is reviewed annually. The purpose of the plan is to identify, prioritize and address community needs through careful long term capital planning and balanced public investment in supporting physical infrastructure. The plan also provides a planning foundation for future needs assessments to ensure the city is appropriately responding to the critical infrastructure needs necessary for sustainable future growth. The plan is updated annually City Code The City Code regulates residential, commercial and industrial development and provides regulations designed to protect the health, safety and general welfare of the community. This document contains zoning and subdivision regulations and is the primary tool for implementing the Land Use Plan. The City completed a comprehensive update of zoning regulations and related sections of the City Code in 2005. In addition, the City Code is reviewed and amended periodically as new approaches to achieving the goals, objectives and policies of the Comprehensive Plan are identified. Transportation Plan The Transportation Plan evaluates the conditions, issues and trends affecting all modes of transportation and provides the information needed to implement successful strategies in both developed and developing areas of the community. Through the use of figures, graphics and schematic drawings the plan informs decisions affecting each of the implementation programs. As a component ofthe Comprehensive Plan, this document is updated and amended through the Comprehensive Plan Amendment process. Water Resources Management Plan The Water Resource Management Plan addresses local watershed requirements of the Metropolitan Surface Water Management Act and Board of Water and Soil Resources Rules 8410 as well as the requirements of local watershed districts, Metropolitan Council and applicable State and Federal laws. The plan provides regulations for water quantity, water quality, fish and wildlife management, public ditch systems, ground 22 o o o Ai "~Pr water, wetlands and erosion. The plan also provides for enhancement of public participation and education. The plan clearly defines management practices, an implementation schedule, a monitoring program to assess and report the effectiveness of the plan, and a program for revising the plan. Storm Water Pollution Prevention Program The Storm Water Pollution Prevention Program establishes policies and practices that reduce the amount of contaminant infiltration. The program involves public education, public participation, discharge detection and elimination, construction and post construction runoff controls, infrastructure maintenance and pollution prevention measures. The program is updated annually through the Minnesota Pollution Control Agency permit process. Park Improvement Plan The Park Improvement Plan provides an inventory of the facilities and equipment that presently exist in each park as well as those that will be added in the future to complete the park system. A schedule for replacement and installation of new facilities and equipment is incorporated into the Capital Improvement Plan. The Park Improvement Plan is updated annually through a public process with the Park and Recreation Commission and City Council. 23 o A.., .(." .<-,,.. ~-;-;i* '.'" ~,,;;.,::.,. <:~;v ,~..;' " : o 0. e .. CI) ... ~. III ~ "C 0 C. '" 0 ::J N 0 "' 0 "' 0 C- "' N N '" 0 ;; ;; 0 0 <> C c e ." <> N N ~ N III .. C- o: ~ ~ 6 "' <> "' " -", <> "' 8 N i5: ii: ~ <> <> ;; ;; <> => N <> 0 N N N 0 Cl E J!J loioeJl CI) c . > '5> . I "Uj .. . - . c rJ) CI) ... .c Gl E 3: Gl C. rJ) E 0 (.) CQ 0 0 N o o 5'\NDbVE~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director wL TO: Mayor and Councilmembers FROM: SUBJECT: Subdivision Code Update Progress Report - Planning DATE: March 20, 2007 INTRODUCTION As approved at the Council workshop on January 23, 2007, the staff have undertaken updating of the Subdivision Code. This report summarizes the biggest issues staff have identified related to the Subdivision Ordinance update. Attached is a copy of the marked up Code. Significant areas of change are rriarked with an arrow. o Much ofthe current text of the Code still dates from the 1972 draft of the City Code. The Subdivision Ordinance was in need of updating to reflect current policies, definitions, and requirements. Staffhas spent two months preparing changes to this section of code. Because there are quite a few new code changes, staff wanted Council to see where the biggest changes are proposed, before we take it to any public meetings (at the Planning Commission) for review. DISCUSSION Potential changes that are noteworthy include the following: 1. Park Dedication: a. Reworked the methodology for figuring the cash payment or land contribution If a cash dedication is required, then the justification for the per-lot fee must be based on a Park Study instead of 10% of the market value of the land. If land is to be dedicated, then credit for land needs to be based on value ofland at the time of final plat (i.e. lot price minus improvement costs). b. Credit for certain park improvements made by developers (previously missing from code). c. Establishing a trail fee and requiring a cash contribution for trails (previously missing from code). d. Collecting a park fee and trail fee on lot splits (previously missing from code). e. City will pay for regional trail and the developer will pay for sidewalk and internal trails (previously missing from code). 2. Required Improvements a. Utilities: The subdivision ordinance should require developers to construct utilities to the edge o of property, or at least into an easement that reaches the end of the property of the project. o o o Current Code does not require this, so some buildable tracts are held hostage (i.e. can not begin to develop) until others finish developing. b. Intersection Improvements: The Code needs justification and a process for collection of funds for on- and off-site intersection and roadway improvements. c. Street Lights: The code will specifically state that the developer must install street lights. d, Sidewalks and Trails: Language establishing a trail fee is needed for both regional and local trails. The Code also needs language linking statutory authority to require sidewalks to the trails map. e. Lot Splits: The Code needs to provide differentiation between the requirements for lot splits and subdivisions. f. Phased Construction: A section has been added to require developers to extend utilities and streets to adjacent properties. g. Trunk Oversizing: A section has been added that indicates oversizing costs will be reviewed by the City and oversizing may be required to be done following the City's Development guidelines for infrastructure costs. h, Overhead Utilities: A section has been added that requires developers to bury all existing overhead lines. i, Dead or Diseased Trees: A section has been added that requires developers to remove all dead or diseased trees. 3. Traffic Impact Study: This is currently absent from the code and will only be used on major developments. 4, Sketch Plan Process and Fee: This is currently absent from code. 5. Preliminary and Final Plat Application / Checklist: Checklists for both preliminary and final plat requirements are adopted by reference and this will be annually adopted. This will be more current as to what the requirements are and it also shortens the code. 6, Time Between Meeting Dates (Title 11-2-2-B-6): This section creates processing and legal issues and needs to be rewritten. Staff currently uses a "Meetings and Applications Deadlines" handout that tells applicants when their items will move forward. 7, Major & Minor Collector Streets: Definitions based on traffic counts were added to differentiate the two. Minor collectors would be permitted to have driveway access. 8. Sodding of County Rights-of-Way: The Subdivision Ordinance regulates the design and installation of boulevard sod. Changes include sodding boulevard areas of both sides of double-frontage lots (including the county ditches). Please note that we have also identified many small changes that should be made. This includes small word changes in the definitions, updating references to State Statute, and replacing other outdated or obsolete language. The attached draft shows all these proposed changes. ACTION REOUIRED No action is requested at this time. Staffwill go over this in further detail at a future Council workshop. However because of how much there is to read and understand, staff wanted to distribute this to the Council at this time. The revisions will not go forward to the Planning Commission for review until staff hears from the Council this is acceptable to move forward on. Respectfully submitted, wL Will Neumeister Attachment o TITLE 11 REVISED SUBDIVISION REGULATIONS Subject Chapter o General Subdivision Provisions ................................. 1 Subdivision Plats And Procedures............................. 2 Design Standards ......................................................3 Required Improvements............................................. 4 o 1 o SECTION: 11-1-1: 11-1-2: 11-1-3: 11-1-4: 11-1-5: 11-1-6: 11-1-7: 11-1-8: 11-1-9: 11-1-10: o CHAPTER 1 GENERAL SUBDIVISION PROVISIONS Short Title Interpretation, Scope And Application Of Provisions Platting Authority Definitions Easements To Be Dedicated Restrictions On Filing And Recording Conveyances Restrictions On Issuance Of Permits Previously Approved Plats Exempt Variances Enforcement And Penalty 11-1-1 : SHORT TITLE: This title shall be known as the SUBDIVISION ORDINANCE OF THE CITY and will be referred to herein as "this title". (Amended Ord. 10,2-15-1972) 11-1-2: INTERPRETATION, SCOPE AND APPLICATION OF PROVISIONS: A. Interpretation And Scope: All land subdivisions within the city shall equal or exceed the standards set forth in this title. The standards established by this title are not intended to repeal, abrogate, annul or impair private agreements or restrictive covenants, including state and county regulations running with the land, which are equal to or more restrictive than the standards hereby established; except, that the most restrictive shall apply. B. o Application Of Provisions: The provisions of this title shall apply to all Registered Land Surveys within the city, and the standards, regulations and procedures hereof shall govern the subdivision of land by Registered Land Survey. Building permits shall be withheld on tracts that have been subdivided by unapproved Registered Land Surveys, and the City shall decline to accept tracts as streets or roads or to improve, repair or maintain such tracts within an unapproved Registered Land Survey. (Amended Ord. 10,2-15-1972) 2 o 11-1-3: PLATTING AUTHORITY: The Council shall serve as the platting 4- authority in accordance with Minnesota Laws of 1965, Chapter 670 2006 Minnesota State Statutes Chapter 462.358, No plat, replat, subdivision of land or Registered Land Survey shall be filed or accepted for filing by the County Recorder unless it is accompanied by a certified copy of a resolution adopted by the affirmative vote of a majority of the members of the Council approving such plat, replat, subdivision of land or Registered Land Survey. (Amended Ord. 10, 2- 15-1972) 11-1-4: DEFINITIONS: For the purpose of this title, certain words and terms are hereby defined as follows: ALLEY: A public right-of-way which affords a secondary means of access to abutting property. No alley shall be allowed. ANDOVER REVIEW COMMITTEE (ARC): Consists of the following departments: o Administration Building Engineering Finance Fire Planning and Zoning Police/Public Works BLOCK: An area of land within a subdivision that is entirely bounded by streets, or by streets and the exterior boundary or boundaries of the subdivision, or a combination thereof with a stream or lake. BOULEVARD: That portion of the street right-of-way between the curb line or edae of street that has no curb and the property line. BUILDABLE LOTS: Lots that conform to the requirements of Section 11-3-6 of this title. o BUTT LOT: A lot at the end of a block located between two (2) corner lots. 3 o CITY COUNCIL: Definition to be d cid d COMPREHENSIVE PLAN: Unless otherwise stated, it is the general plan for land use, transportation, and community facilities prepared and maintained adopted by the community Planning and Zoning Commission City Council. DESIGN STANDARDS: EASEMENT: o ENGINEER: FINAL PLAT: GRADE, SLOPE OR GRADIENT: IMPROVEMENTS: o LOT: The specifications to landowners or subdividers for the preparation of plats, both preliminary and final, indicating among other things, the optimum, minimum or maximum dimensions of such items as rights-of-way, blocks, easements, lots, etc. A grant by a property owner for the use of a portion of land for the express purpose of constructing and maintaining roadways, trails. slopesJ,.. =GP grade transitionsJ,.. =GP utilities, including, but not limited to, electric and telephone lines, sanitary and storm sewer lines, water lines. surface drainageways, cable TV, and gas lines. Denotes the City Engineer unless otherwise stated. A drawing or map of a subdivision that meets all of the requirements of the City and is in such form as meets state and county requirements for purposes of recording. The rate of vertical rise or drop from any fixed horizontal line or point. The construction or installation of public or private utilities including, but not limited to, potable water, sanitary sewer systems, storm sewers, roads and other thoroughfares, sidewalks, trails. curbs and gutters, paving, barricades, trees and other plantings, lighting, fuel or energy and the transmission thereof, transportation systems or facilities connected therewith and communication systems which are necessary, desirable or convenient in the maintenance of the health, safety and the general welfare. A parcel of land delineated upon and thereafter described by reference to a plat, Registered Land Survey or Auditor's 4 o 0, o MAINTENANCE ACCESS: OPEN SPACES: OWNER: Subdivision, or other similar recorded dedicatory document. A arant bv a developer or property owner for the use of a portion of land and/or easement for the express purpose of maintainina municipal watermain, sanitary sewer, and stonn sewer, Areas set aside for the preservation of natural open spaces to counteract the effects of urban congestion and monotony. Any combination involving a person; firm; corporation, including a foreign, domestic or nonprofit corporation; a partnership, including a limited partnership; a trust; a political subdivision of the state; or other legal entity or business organization, having sufficient legal proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this title. PARKS AND PLAYGROUNDS: Public lands and open space in the city dedicated for use for recreation purposes. PEDESTRIANl TRAIL WAY: PLANNING AND ZONING COMMISSION: PRELIMINARY PLAT: PROTECTIVE COVENANTS: A public @r ~Fi':at@ right-of-way within or across a block or blocks to provide access for pedestrians and multi-users which also may be used for public and private utilities. The Planning and Zoning Commission of Andover. The tentative drawing or chart indicating the proposed layout of the subdivision to be submitted hereunder in compliance with the Comprehensive Plan'and those regulations including required supporting data. Contracts made between private parties as to the manner in which land may be used, with the view of protecting and preserving the physical and economic integrity of a given area. 5 REQUIRED PUBLIC IMPROVEMENTS: Those improvements in any proposed subdivision, including streets, roadways, water and sanitary sewer systems, storm water drainage systems, sidewalks, trails, and others which are required in connection with the approval of any plat or other subdivision. RIGHT-OF-WAY: Tf;;)e I'Hitlli&lr @!.'me€! ar:ea tlew;eeFl a€l:ja&eFlt l'lF-i':ate 1'lF-€ll'leF-ty liFles "mhiFl tf;;)e limits sf a street, l'le€!estriaFl way, sr tf;;)er€)l,jgf;;)far:e. A strip of land acauired bv dedication. reservation. prescription or condemnation occupied or intended to be occupied bv a street, sidewalk, trail, snow storaae, traffic control sh::ms and devices, utilities and utilitv structures and drainaae. (Amended Ord. 314, 10-4-2005) SEASONAL HIGH WATER MARK: o SKETCH PLAN: STREET: Arterial Roads: MiRGf Local Rural City Street: Is iFl€!i&ate€! tly mettle€! seils er The elevation of mottled soils or i&=the highest anticipated aroundwater table. An informal drawing or sketch of the proposed development submitted to the GIeFk City for consideration prior to submittal of the preliminary plat. A l'l\;ltlli&ly e\':Re€! rigf;;)t ef way affemiFlg I'lrimary as&ess tly l'le€!estriaFls aFl€! "el:li&les v:f;;)etl:ler €!esigFlatee as a str:eet, Ri~R~!.'ey, tllerewgtlfar€, fJ6l00A'ay, rea;, aVBRw9, er R8.:~'evBr etf;;)eF-\':ise €!esigFlate€!. A public or private roadway intended to be used for th passaae or travel bv vehicles, pedestrians, bicvclists and related maintenance activities, Streets may be local, collector or arterials as defined bv the Comprehensive Plan. (Amended Ord, 314, 10-4-2005) The major traffic carriers feeding to the state highway system. City arterials are comprised mostly of existing county roads in the City as defined in the Comprehensive Plan. Minimum ne\&.' access spacing shall be six hundred sixty feet (660'). A rwral rea€!\'Jay street located in th rural area that ~ 6 o serves abutting properties and the local needs for a neighborhood. MiReF Local Urban City Street: A street located in the urban area used primarily for access to the abutting properties and the local needs for a neighborhood. Maior Collector Street: Collector street with 2,500 or fewer averaae dailv trips (ADT). < Minor Collector Street: Collector street with more than 2.500 averaae dailv trips (ADT). Collector Streets: Feeders to the arterial roads as defined in the Comprehensivo Plan or generally with an /\DT of one thousand (1,000) or groator or a municipal state aid street for the city. Minimum new access spacing shall be three hundred thirty feat (330'). o Cul-De-Sac: A street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. Service Street Or Service Road: A street which is adjacent to a thoroughfare and which provides access to abutting properties and protection from through traffic. Tl;Jere\;/SRfares: ^ F;laiR reae er ~\;/Bli@ RiSRt','ay ieeRtif.iee as a F;l\;/Risi~el state aiGl SEl\;/Rty, stam, Elr EltRer liF;liteGl assess Risf;!'.'lay. STREET WIDTH: TRe SRElr;test G1istaR@e Betl.'o'eeR tRel let Ii Res G1eliReatiRS tRe risl;Jt ef ':o'ey Elf a street. The distance between the back ~~~~~~~~~~~~~~m~~~~ pavement to edae of pavement if curbina does not exist SUBDIVIDER: Any person, firm or corporation having sufficient proprietary interest in land in order to subdivide the same under this title. o SUBDIVISION: The division of a tract of land into two (2) or more lots or 7 o parcels of land for the purpose of transfer of ownership or building development. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. TOPSOIL BORROW: For general use as a turf growing medium shall meet the requirements outlined in the most current MNDOT standard specifications for construction and be in accordance with MNDOT 3877 topsoil borrow or as approved by the City Engineer. (Amended Ord. 10,2-15-1972; amd. 2003 Co(je; Ord. 273, 9-2-2003) TRAFFIC IMPACT STUDY: A study of existinQ traffic conditions, anticipated traffic conditions with and without the development and traffic impacts of the development. The study should include proposed mitiaation of impacts and resultina traffic conditions. o 11-1-5: EASEMENTS TO BE DEDICATED: A. Dedication Of Easements: nlls City SRQII m€fblire as a €l€lR€!iti€lR €If tf;Je a!'l!'lr€l':al €If tf;J€l !'lrBlimiReuy !'llat U:J€l €!B€!ie6lti€lA 9f Final plats shall identify and dedicate all easements for utilities, trails, maintenance access, drainage, street rights-of-way, surface water ponding and such other public uses as shall be found necessary, convenient or desirable by the City to ensure the timely extension of utilities to adjacent properties. Lots served bv municipal services shall have 5-foot drainaae and utility easements alonQ the side lot lines and 10-foot drainaae and utility easements alona the front and rear lot lines. Lots without municipal services shall have 10-foot drainaae and utility easements alona all property lines. iA aee@rGaR€lB '::itR ~Ri9it A €If tRB DS'IBI€I!'lmBRt P€llir;oy Gbli€!eliR€l a€!€I!'lte€! 9Y tR€l Ci1?J CswReil aR€! SR file iR tR€l Sffi€lB sf tRB City CIBrk. ~. SW9missiEm Ts City C€lblReil: PR€lr t€l tRB sW9missi€lR €If a fiAal!'llat, RBgistere€!lQR€! SWP'1:BY €Ir laR€! S1oI9€!~'isi€lR t€l tR€l City C€lWR€lil fer a!'l!'lF@val, tRB GW9di\'idBr GRail flilmish tAB City ':/ith all BasBmBFlts mr IiItilities, €!FaiRag€l, street rights sf '::ay, swrfa€lB V'8ter !'l€lR€!iRg, tMils, maintenance access, aA€! SbleR €ItABr !'l1ol91ie b1ses as sRall 9€l f€lblR€! t€l 9B AeeBssal)', @sRVBRiBRt €Ir €!esiF89IB 9Y UUs City. Said BaSBmBRts sRall 9B iF! !'lre!'ler mrm mr re@sr€!iR~ iF! tRe Sffj@B €If tRB C€lWRty RB@sr€ler. o 8 .( o Dl,ll'llisat8 s8F1:ifisat8s €If title sRall 88 ma€l€l a':aila8I€l fer tR€l filiRS sf eaSem€lRts SR r@sist€lm€llaR€I. ~I€l fiRall'llat sRall 8€l Oil'll'lr€llJ€l€l 8Y tR€l Cit'; Cel,lFlsil l,lFltil tR€lr€ ROiS 8€l€lFl fl,lll s€lmpliaFl€l€l '1.'itR tRis s€leti€lFl. c. Necessity Qf Easement Determined: In the case where the land subdivision is to be approved administratively and the city determines that an easement is necessary as stated in this section, the City Council shall act on the subdivision to determine the need and extent of the easement to be dedicated. The subdivider shall furnish the City with all easements found to be necessary by the City Council. (Amended Ord. 10,2-15-1972) 11-1-6: RESTRICTIONS ON FILING AND RECORDING CONVEYANCES: A. Restrictions On Filing And Recording: 1. No conveyance of land to which these regulations are applicable shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved Registered Land Survey made after April 21, 1961; or to an unapproved plat made after such regulations became effective. This provision does not apply to a conveyance if the land described: o a. Was a separate parcel of record April 1 , 1945, or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, whichever is the later, or of the adoption of subdiv!sion regulations pursuant to a home rule charter; or b. Was the subject of a written agreement to convey entered into prior to such time; (Amended Ord. 10,2-15-1972) c. Was a separate parcel of not less than two and one-half (2 1/2) acres in area and one hundred fifty feet (150') in width on January 1, 1966, or is a single parcel of land not less than five (5) acres in area and having a width of not less than three hundred feet (300'), and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, anyone of which is less than five (5) acres in area or three hundred feet (300') in width, except land that is in the Rural Reserve area and is further restricted by the subsection that follows. o d. Is located in the Rural Reserve area (as designated in the Andover Comprehensive Plan) and is residential or agricultural land of not less than forty (40) acres or less than five hundred feet (500') in width and its conveyance does not result in the division of the parcel into two (2) or more lots or parcels, anyone of which is less than forty (40) acres in area or five hundred feet (500') in width. The 9 o following exception is allowed, excluding minor parcels that will not allow for additional building units that will not impede future development of the Rural Reserve upon approval of the City Council. (Ord. 274, 9-2-2003) e. When a property owner, either residential or commercial, wishes to move interior lot lines and by doing so does not create any additional buildable lots by moving said property lines, and the moving of said property lines does not create any lot which is below the standards for the applicable zoning district in which it lies, such new property descriptions may be approved administrativelv 9y tlile Zer:lir:l~ f\.amir:listAiter if the resulting configuration will have no adverse effects on surrounding property. Should the Z€mir:l~ .^.amir:listr.ater ~determine the moving of interior lot lines may have an adverse effect on either adjoining property or may circumvent other applicable zoning restrictions, the .^.amiRistAiter ~then shall require the request be processed iF! tRe ReFFRal maRRsr as a variance to this title by both the Planning iir:la ZSRiR~ Commission and the City Council. Any lot so re..:aligned shall be accompanied by a certificate of survey. o B. Hardship: In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of this title, the Council may waive such compliance by adoption of a resolution to that effect. The conveyance may then be filed or recorded. C. Penalty: Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this section shall forfeit and pay to the City a penalty of not less than one hundred dollars ($100.00) for each lot or parcel so conveyed. The City may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. (Amended Ord. 10,2-15-1972) 11-1-7: RESTRICTIONS ON ISSUANCE OF PERMITS: A. Improvements: All electric, cable TV, telephone, and gas distribution lines or piping, roadways, walks and other similar improvements shall be constructed only SR a street within public riaht-of-way, or other public way or easement which is designated on an approved plat, or properly indicated on the official map of the City, or which has otherwise been approved by the Council. (Amended Ord. 10,2-15-1972) B. Access: No permit for the erection of any building shall be issued unless such building is to be located upon a parcel of land abutting a public street right-of-way which has been accepted and is currently maintained o 10 o C. by the City, or which has otherwise been approved by the City Council. This limitation on issuing permits shall not apply to Planned Unit Developments approved by the City Council pursuant to Title 13, Chapter 3 of this code. (Amended Ord. 10,2-15-1972; amd. 2003 Code) Limitations: No building permit shall be issued for the erection of any building on any land conveyed in violation of the provisions of this title. No permit shall be issued for the erection of any building on any tract of land described by metes and bounds and consisting of less than five (5) acres and having a width of less than three hundred feet (300'). (Amended Ord. 10,2-15-1972) 11 1 S: PREVIQU5bX .\PPRQ\.(ED PV.T5 EXEMPT: .~lIl'lrelimiFlar:y €Ir fiFlall'llats, Re!Jist@re€i laA€i ~wPi!eys, €Ir €ItAer swl;J€iivisieAs €If laA€i al'll'l~@\'e€i l;Jy tAe City C€lwAeill;Jwt A€lt file€i '.\'itA tAs C€lW~t'/ Ree@reer wA€ier I'lre':i€lws . €Ir€iiRaFlees sAall A€lt l;Je swl;Jjeet t@ ~@(;fwir€lmsFlts €If tAis title, I'lr€l"i€ie€i sai€i swl;J€ii':isi€lFl is file€! witAiFl six (Ii) mr;mtAs €If tAEl effeetive €iats €If tAis titls. (.~FReFl€ie€! Ore. 19,2 15 1972) o A. o 11-1-9: VARIANCES: Ha~€IsAil'l: TAg C€lwFleil may !JraFlt a variaFlse frem tAe ~@(;fwi~@meFlts €If tAis title as t€l sl'lssifis traets €If laFl€i ':/Aer@ it is SA€I'.'I.'F1 tAiilt l;Jy r€laS€lFl €If t€lI'l€l!Jral'lAY €Ir €ItAsr I'lAysisal S€lA€iiti€lFlS stFiet e€lml'lliaFles \"itA tAssS rg(;fwiremsRts e@wl€i eawse aFl S)(s@l'lti@Ral aFl€i wR€iwe AaresAil'l t€l tAe eFlj@ymeRt @f ra swl;JstaFltiall'lr€ll'leI$,,' ri!JAt; I'lm'Ji€ie€i, tAOlt a ':OlriaFlee may l;Je !JFaFlte€i @Flly if tAe variaFle@ €i@es F1@t a€iveFSely affeet tAe aGjaseFlt I'lr@l'leFty e':.'F1ers aA€i Ceml'lreA8Rsivg Qgv@lel'lmeFlt PlaR @r tAg sl'lirit aFl€i iFlteRt@f tAis title. Variances requested as part of a preliminary plat shall be requested and processed as part of the preliminary plat application. B. Pr@e8€iwre: \.~.'ritt@R al'll'llisOlti@R mr a variaRsg sAalll;Js file€i '!:itf;t tAe CleFl~, aR€! sf;tOlIl state ftllly all faets rslie€! WI'l€lFl l;Jy tf;te al'll'llieaRt. TAe al'll'llieati@R sAalll;Je sWl'll'llemeRte€i '....itf;t mal'ls, I'llaRs €Ir €ItAer €iata tf;tat may ai€i iR aF-l aRalysis €If tAe matt@F. TAe al'll'llisatiBR sAalll;Je remrf@€! tB tAg PlaFlRiF-l!J aR€i ZBF-liF-l~ CemmissiBR f€lr its resBmmgF-l€iatieR aF-l€i rel'lBIit tB tAg CBwFleil. Variance requests shall be reviewed per City Code 12-14-7 and applicable Minnesota State Statutes, C. CBwRsil .^.etiBR: NB 'JariaRee sAalll;Js !JraRtg€i l;Jy tAg CBwRsil WRlgss it sArall Aave reeei':e€i tAe affirmative v€lte €If a mOlj@rity €If tAe ftlll C@wRsil. (i~FReFl€ig€i Ore. 19,215 1972) 11-1-10: ENFORCEMENT AND PENALTY: 11 o A. Unless approved as a final plat as provided herein, no sWQ€li'.'isieR plat shall be entitled to record in the County Recorder's office or have any validity, and the City shall not issue building permits for any structure on a lot in any proposed subdivision. The City shall not permit any public improvements to be installed unless the preliminary plat is approved and sRall Ret I'le~it aRY sep\"iees wRtil al'll'lreval 9f tRe fiFlall'llat aFl€l reeer€liR~ ef same the Development Guidelines for publiclv and privatelv installed infrastructure improvement requirements have been met. 8. {I.F1Y fi~, l'leFS€lR, er eerl'l€lrati€lR \':R€I vi€llates aRY ef tRe I'lrevisi€lRs €If tRese f@~wlati€lRs, €Ir ':IRe sells, leases, er €Iff€lrs mr sale er lease aRY let, Qleslt er trast ef laR€I RereiR f@~wlate€l QefGf@ all tA€) re~wir€lmeRts ef tAese l"e~wlati@F1s Rave QeeR e€lml'llie€l 'IAtR, sRall Qe ~wilty @f Ii mis€lemeaRer. aR€I, WI'l€lR e€lR'JietieR tRere€lf, sRall Q€) I'lwRisRe€l as €IooRe€l QY state laV\'. ~asR €lay tRat a vi€llati€lR is I'le~itte€l t€l exist sRall e€lRstitwte a Sel'lOlfate eff€lRse. G.B The platting, replatting, subdividing or conveyance of land not in accordance with the requirements of this title may be enforced by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. (Amended Ord. 10,2-15-1972) o o 12 o CHAPTER 2 SUBDIVISION PLATS AND PROCEDURES SECTION: 11-2-1 : 11-2-2: 11-2-3: Sketch Plan Preliminary Plat Final Plat 11-2-1: SKETCH PLAN: A. Sketch Plan Authorized: Prior to platting any tract of land, the subdivider may prepare a subdivision sketch plan for review by the Andover Review Committee (ARC), Planning and Zoning Commission and the City Council. ~l;ISR sketGR I'll.u~ ','i.'i11 Bel GSRsi€le~€l as RaviRSj BeeR sl;lBFFlitte€l f€lr ~vie\': aRQ QiSSl;ISsi€lR 8et1"eeR tRe sl;IBQi':iQer eRQ tRe AAQ€l"er Review CSFFlFFlitt@e (i\RC), PlaRRiRS aRQ &@F1iRS CSFFlFFlissi@F1 aRQ tRe ./ City C€ll;lRsil. We A Sketch Plan Fee fee shall be required of the 'it subdivider for the submission of a sketch plan. Howover, Anv review time by the ARC shall be billed towards the subdivider. project, provided the project oontinues beyond the skotoh plan phase to the re'lie'N of the preliminary plat. o . B. Compliance With City Provisions; Modifications: On the basis of the subdivision sketch plan, the ARC, Planning and Zoning Commission and the City Council will advise the subdivider of the extent to which the plan conforms to the Comprehensive Plan, design standards of this title and to other ordinances of the city, county, and state. There will be discussion on possible modification necessary to secure approval of the plan. (Amended Ord. 10,2-15-1972; amd. 2003 Code) C. o 13 o o o 2, 3: IJl3eA .^.RC revi@'!! time eemmeAt, tRliil sketsR I3laR sRall ge plasee 6ilR tRe Aext availa91e a~eRea ef tRB PlaRRiR~ aRe Z@AiR~ CemmissieA, 9Ht Ae seeRer tRaR teR (1 Q} eaYl;; after geiRlj ~viewee 9Y tt.!e ,I) RC, The Planning Commission shall hold a Public Hearing in accordance with Chapter 12~ 14-8. D. 2. Ul3eR PlaF:miR~ Cemmisl;;ieR ~"ie':: aRe eemmeRt, tRe skelet.!l3laR sRall 91$ I3lasBa @A tt.!eRext availa91e City CeHReil a~eRea, 9Ht Re seeRer tRaA teA (10) €lays after geiRlj revie'::ea 9Y tRe PlaRRiRlj aR€!ZeRiRlj CemmissieR. Ef\meRaea Ore. 314, 10 4 2(08) Required Information: The subdivider shall follow all reauirements as J ~ listed on the Sketch Plan application. TRB SH9aiviaBr SRalll3~viae tRe ""' mlle',':iRlj miRimHm iRfermatieR: 1. Site leeatieR. 2. A sketsR ef tRe site st.!@wiRlj its ljElReFaI sRal3e aRa leeatieR ef '::etlaRas, mreste€! a~as, 13r€ll3ese€!l3eR€!iRlj leeatieRs, a€ijaeeRt rea€!,,"ays, mHRieil3al state ai€! aesiljRatieRs, ',vater.':ays, BKistiRlj 9HilaiRljlil aR€! aRY ett.!er siljRifieaRt reatHr@s ef tt.!e immeaiate area. 2. TYl3e ef €!evelel3meRt I3rel3eSee. 4. A.l3relimiFlaryrea€!la)'eHt aR€!let aPFaRljemeRt iRaieatiRlj miRimHm 13r€ll3eSea let si:i!:e. 8. .\eF-iall3t.!ete (mest eHrreRt) ,,':itR tt.!e sketeR I3laFl everlay. E. Additional Requirements: The subdivider GaR shall be required to show adjacent property and any other property as determined necessary for proper review as required by the ARC, Planning and Zoning Commission, and City Council. (Amended Ord. 10,2-15-1972) 11-2-2: PRELIMINARY PLAT: A. Minimum Lot Size: There shall be no conveyance of land described by metes and bounds if the conveyance is less than five (5) acres in area and three hundred feet (300') in width. B. Procedure: Prior to platting and subdividing any tract of land into twe (2) er me,@ lets more than two lots, the following procedures shall be followed: 1. ARC Review: 14 o a. Upon completion of the sketch plan review process as provided in Section 11-2-1 of this chapter, the subdivider shall file ten (10) copies of the preliminary plat with the Community Development Director for review by the Andover Review Committee. N9 I'lFelimiRary I'llat sRall 8e filea 8r sW8mittea mr ARC revie':: tRat Res R8t @8ml'lletea tAe sket@f::l I'llaR rGl"ie\': I'lr8@8ss. o b. The Andover Review Committee shall review preliminary plat submissions pursuant to Minnesota State Statutes and the City Code. 'NiII re'Jiev: tRe I'llat "'itf::l tRe ae'Jel8l'l€lr te eRswre it is @8ml'llete iR a@@BmaR@e \'JitA City BmiRaR@€ls. TRe f:' RC '!JiII Fel'lly ':!itRiR tRiRy (30) €fays 9f tRe sWBmittal as te "'RetR9r tRe I'llat is 8r is R8t @@ml'llete. If tR€ll'llat is mWR€f te 89 iRBBml'llete, tR9 I'lr8Be€fwr9 statl,~a iR SW8seBti8R ~1a 8ftf::lis SeBtiBR sf::lall @BFltiRW€l wRtil St.l@R timBas tRe I'llat is f-ewFla te Be B8ml'llet@. If tf::le I'llat is mWFla te Be iR @8ml'lliaFl€le \VitR City 8miRaFlBes 8Y tf::le AFlaever Revie"! CBmmitt€le, tRB Cemmt.lRitl; Qe"elBl'lmeRt Dir@BtBr .....i11 mfl.'!ara a I'lrelimiRap; I'llat al'll'lli@ati8R t@ tRe st.l8aiviaer mr st.l8mittal ts tt.le City Clerl~. ~JB iRBsml'llete I'lrelimiRar;y I'llat al'll'lliBatisR 'vill 8e a€l@@l'ltea 8Y tf::le City Clerl~. TRe st.l8aiviaer eaR al'll'leal items 9f @sRtemtisR t@ tRe City CewFl@il. VarieFl@e re~wests sRall 8e iaeRtifiea aR€f I'lr@@@s~;ea as et.ltliR8€f iR SeBtieFl 11 1 9 9f tRis title. EP mEm€fea Ora. 10,2 Hi 1972) 2. Fee: At the time of the filing of the preliminary plat, the subdivider shall pay to the city a fee as set by Title 1, Chapter 7 of this code~ mr I'llats iFl'!@lviFlQ r@siaeRtial18ts 8Rly, a l@e as set tly Title 1, CRel'lter 7 €If U;tis @@ae mr I'llats iRvel'!iRQ etf::ler tt.laR resiaeFltiallets, I'llws a l@e set 8Y Title 1, CRal'lmr 7 €If tRis @@ae mr ea@R aer@ €If laRa iR all w-elimiRapj I'llats. E.'\.meRaeel Ora. 10,2 Hi 1972; am€l. 2Q03 C8ele) 3. Distri8wtiBR Of CBl'liGils: Tt.le Clerk st.lall Fe@siv@ teR (10) @Bl'li€ls iR a€l€liti8R t@ tR8se Fe~W€lst@€1 wR€ler St.ltlseBti8R Q 1 a €If tf::lis seBti8R aR€I rel@r seveR (7) eel'lies €If U;te !'lmlimiRery plat t@ tRe PlaRRiRQ eRa ~BRiRQ CBmmissiBR aR€I BRe eBI'lY t@ tf::lB ~RQiReer. ~. ~RQiReer's ReI'lBR:: TAB ~RQiReer st.lell sW8mit a '::ritteR ml'lEHt tB tRe Plarll;'JiRQ aR€ll.BRiRQ Cemmissi8R, 'NRi€lA sf::lall €leal '::itf;;! €IraiRa!il€l, strBets, Em€l etABr BR!iliReeFiR!il matteR;; l'lertiReRt te saiell'lrelimiRar;y I'llat. Saiel FeI'lBrt sAall 8B sW8mitte€l t@ tA€l PlaRRiR!il aRell.eRiRQ CBmmissieR I'lriBr tB tRe I'lw81ie ReaFiR!ilI'l~seri8ea iR St.l8SBBtiBR Q5 Bf tRis seBtiBrl. o 5. PlaRFliR!il ARa l.eRiRQ CBmmissieilR WeariR!il Public HearinQ Process: Public HearinQs shall be held pursuant to Minnesota State Statute 394,26 and TRe PlaRRirlQ CBmmissi8R sRall f;;!Bla a I'lwtlli@ ReariRQ 8r1 tRB I'lrelimiRary !'llat '::itf;;!irl sinty (GO) €lays after saia @Bml'll€lte prelimiRary I'llat 15 o aFl€! €l€lm~IBte a~~li€lati€lR are file€! ':JR!:l t!:le CleFk. Tt.le Pwl;)li€l p.jeariR~ s!:lall 1;)8 !:lei€! according to Ct.la~ter City Code Title 12- 14 ~ -8. At said hearing, all persons interested in the plat shall be heard. (Amended Ord. 314,10-4-2005) 6. Council Action: a. The Council shall act to approve or disapprove the preliminary plat at a meetinQ followinQ the PlanninQ Commission recommendation. The date of the meetinQ shall be at the discretion of the City and in adherence to the 120-Dav Rule as defined in Minnesota State Statute 462.358 Subd, 3b. .^.fter tt.le C€lWFl€lil re€lewes tt.l8 re~€IFt €If t!:le PlaFlFliFl~ aR€! Z€lFliFl~ C€lmmissi€lR, t!:le C€lWFl€lil, at its Re)Q: re~wlar s€lt.le€lwle€! meetiFl~, sRan a&t t€l a~~re\'B €Ir €lisa~~r€lvB t!:le ~relimiFlal)' ~Iat. Tt.le re~€lFt €If t!:lB PlaFlRiFl~ aR€! Z€lFliFl~ C€lmmissi€lR s!:lanl;)B ~Ia€l@€! €IFl t!:lB a~Em€la €If tRe City C€lWFl€lil iFl t!:le fGlI€I'::iFl~ maFlRBr: c (1) Re€l€lmmeFl€!ati€lFls frem !Re PlaFlFliR~ aFl€! Z€lFliR~ C€lmmissi€lFl meBtiR~ !:lel€l SFl t!:le Se€l€lFl€l Twes€!ay s!:lalll;)e ~Ia€le€l €IF! t!:l8 a~eFl€!a €If t!:lB City C€lWR€lil at t!:le first TWBs€lay meetiFl~ €If t!:lB f@II€1vJiFl~ m€lFltR. E2) Re€l€lmmEm€lati€lRs lf€lm tRB PlaF!FliFl~ aFl€! Z€lFliFl~ C€lmmissi€lR meetiR~ !:lei€! €IR tR8 fGwFt!:l Twes€!ay s!:lalll;)e ~Ia€le€! SR t!:lB a~BFl€la @f t!:le City CSWFl€lil at t!:le tAirEl Twes€lay meetiFl~ sf tR8 fGlIs'::iFl~ m€lFltR, wFlless tRer€l ar€l fi'Je (5) Twes€lays iFl t!:le ~i'JeFl m€lFlt!:l frem w!:li€lR t!:le re€lsmmeFl€!atiEm €lf tRe PlaFlFliR~ Em€! Z€lFliFl~ C€lmmissi€lFl is ma€le, iFl '::Ri€lR €lase, tt.le r€l€lSmmeFl€latisFl s!:lalll;)e ~Ia€le€! €IFl tt.le a~eR€la sf tt.le City C€lWFl€li1 at t!:le first Twes€!ay meetiFl~ €If t!:le fGlI€l\':iFl~ meRt!:l. b. If the Council should den v s!:lall €!isa~~r€l'Je the plat, the grounds for any such €lisa~~r@val denial shall be set forth in the proceedings of the Council and reported to the subdivider within fourteen (14) days thereafter. c. Appr-o':al of :3 preliminary plat by the Council is tentative only, subject to the compliance .....ith all requirements and recommendations as a basis for prop:3ration of the final plat. o 7. Petiti€lR T€I Re2€1Re RezoninQ Application:: At the time of the filing of the preliminary plat, the subdivider shall submit to the GIefk City the required application a petition for rezoning to the proposed future use of said land if the land is not already so zoned. The owner of said land shall 16 o sian th application join in said pCltition. 8. Approval Of Engineering Factors: Sub~equent approval by thCl Cmmcil shall be required of all engineering oonsiderations prClsented in the proliminary plat v:hioh include, but 'Nhich ~hall not be limited to, easementE:, '.'Vater supply, sewage disposal, storm drainage, surf-aoe water storage, gas :md electric services, road gradients and 'Nidths, and the . surfaoing of streets, prior to the appro'tal of the final plat by tho Council. 9. Time limit O~ AetieRs: After a 15em~IBte€l a~~Ii15atieR Ras BeeR sblBmitl:€l€l, tRe City CeblR15il sRall felle": tRe €lea€lIiRe fer res~eF!se as ebltliRB€I i~ Minnesota State Stiltlolte 15.99. (Am€lR€le€l Qf€I. J14, 1 g ~ 05) C. PrelimiRaPf Plat S15R€l€llolle: PrelimiRal)' ~Iats sRall Be file€l iF! a1515ef€laF!15e \':itR tf;!e sef;!e€llolle a€le~t@€l iR tf;!e De':elepmeRt Peliey GloIi€leliF!Bs. (Am€lR€l€l€l Qr€l. 10, 2 15 1972) D. Required Preliminary Plat Data: Preliminary plats applications shall not be considered complete until the reauirements listed on the Preliminary Plat Checklist have been met. The Preliminary Plat Checklist is on file with the City, It shall be a oondition to the acceptance of a preliminary plat application filed with the Clerk that said pl:lt shall include the d:Jta required herounder. The preliminary plat shall be submitted in aooordanoe 'Nith Subsection B of this section. o 1. Identifloation And Description: a. Proposed name of subdi',<ision, '.vhich name shall not duplicate nor be alike in pronunoiation to the name of any plat heretofore reoorded in the ommty. (.^.mendod Ord. 10,2 15 1972; amd. 2003 Code) b. Full legal dCl~oription of the land invol','ed in the plat. c. Names :lnd addresses of the owner and subdivider of the land, and the designer and surveyor of the plat. If the subdivider is not the fee owner of the land, the subdivider shall submit the written oonsent of the fee ownor to the filing of the preliminary plat. d. Graphic scale of not smaller than one inch to fifty feet (1" - 50'). e. North point, designated as true north. f. Date of preparation. o g. Certification by Registerod Land Surveyor certifying to acour:JCY 17 .( o of survey. 2. Existing Conditions: a. All boundary line sblrveys, including measured distances and angles, .....hich shall be tied into the noarest ql:Jarter section or section line by traverse. b. Total aoreago, oalol:Jlated to the nearest 0.1 aore. c. Existing zoning olassifications f-or tract of land in and '....ithin three hundred feet (~OO') of the preliminary plat. d. Looation and names of existing or platted streets and other pl:Jblio 'Nays, parks and public open spaoes, permanent buildings and structures, easements, and section and municipal bOl:Jndary lines within the plat and to a distance of one hundred feet (100') beyond. (Amended Ord. 10,2 15 1972) o e. If the preliminary plat is a rearrangement or a replat of any recorded plat, the lot and block arrangement of the original plat, its original name, and all revised or vacated roadways shall be shown by dotted line. (Amended Ord. 10,215 1972; amd. 200~ Code) f. Location and width of existing streets (inoluding type of surfaoing), r:lilroads, sanitary sewers, water mains, storm se'Ners, gas, telephone, electrio, oable TV, oulverts, grades, in','ert elevations and looations of catoh basins, manholes and hydrants and any underground facilities 'Nithin the plat and to a distanoe of one hundred feet (1 DO') beyond. g. Boundary lines of land within one hundred feet (100') of the traot of land within the plat, and the name of the owner thereof, but inoluding all contiguous land O\'med or oontrolled by the subdi\'iaer or O'J/ner of the tract proposed to be platted. h. Topographio data, including contours at vertioal intervals of not more than 1:\','0 feet (2'); l3*oopt, that 'Nhere the horizontal oontour interval is one hundr-edf.eet (100') or more, a one foot (1') 'lertio:]1 interval shall be sho'.vn. watercourses, lakes, marshes, ~'....{,oded areas, rook outcrops, drainage tile, and other significant physical f.eatl:Jres s:hall bo sho'....n. U.S. geodetic survey datl:Jm shall be I:Jsed for all topographic mapping where available. o i. II. oopy of the ros:tricti'lG oovenants, if any, ooncerning the property being platted. 18 o j. Soils. k. Such other data as may be roquested by the Enginoor. 3. Design Features: a. Layout of proposed stroots, showing right of 't/{3,y widths and proposed names of str-eets. The name of any street horetoforo used in the city or its em'irons shall not be used, unless the proposed street is an extansion of an already named street, in 'Nhich event, said name shall be used. b. Locations and widths. of pedestrianways and utility 03semcmts. c. Profiles of existing and proposed centerline grades of streets, storm sewers, drainage ditohes and oul':erts; also sanitary se'....ers and water mains where required by the platting authority. o d. An o\'arall gradingklrainagaiorosion control plan showing existing oontours at M'O foot (2') intervals in dashed lines and proposed contours in heavier solid lines. Minimum basomont floor olevations of all proposed buildings shall be shown. Maximum slopa aroas shall ba four to one (4:1) or as approved by the City Engineer. On urban plats, each lot shall show proposed elevations at all lot oorners and intermediate proposed elevations along all lot lines or any additional location as doomod necessary by the Engineer and shall be submitted and accepted by the oity prior to tho issuance of building permits. e. .^. Treo Protection Plan shall be required showing all information as defined by the Tree Preservation Policy as adopted by the City Counoiland on file in tho City Clerk's office\ f. Layouts of lots and blooks with numbers of each, square footage of lots and lot dimensions scaled to the nearost f-oot. g. Areas, other than str-oots, pedestrianw{3,YS and utility easements, intended to be dedicated or reserved for public use, inoluding. tho size of suoh areas. ... .. m.. ... ..om' .... ........ .. ..........__~m h. Minimum front and side yard building setbaok Iinos as required by the zoning ordinance of the oitf~ o 1 See Title 4, chapter 3 of this code. 2 See title 12, chapter 5 of this code. 19 o . . f surface water drainage within i Proposed method of disposing 0 ~nd beyond the limits of the plat. . . . . of land is proposed for subd.I'~I~lng J. 'Ml..enever a portion of a tract . . t E1ed for futur-e subdivIsion, . , , H . €lh or IS In.en-~ and said tract IS large en~~.. of the entire tract shall be a plan for the future SU~df\ISIO~ in Commission. Such future submitted to the ~Ianmn~ and 9~ I~ts road easements for cross subdi"ision shall Include. propose h th' r data as r-oquired for future street~ utility easemen~, ~~d suc ore~ for a building permit on subdivi'sione. When an 1n?1"'I~~~:ed:i;e plan sho\'.'ing the .Iocation of such a lot, he shall submit a lot so that it will be located In the proposed ~ructur-o on the d r-esubdivision streot patterns. The conformance With the pro:o~~ '"'ill not be in conflict ...,.ith the l.. l..all be Dlaced so a .. 1I0me Sll t"' f 'd resubdivision. proposed street pattern 0 eal . . . . ee shall review all revIsions to the k. The Ando':er ReView C.o~m~ i nificant, it will be forwarded to preliminary plat. If the r-eVISlon I~ e ~ and/9r the Cih' Council for the Planning and Zoning Commission. J revie\\,'. o ~. +9 Be Furnished: 1. AdditionallnformaLlon . f lots Le., whether Tesid~ntlal, a. Statement of pro~osed uee ~natio~ thereof. If recidentlal, state commercial, industrial or ~omb it Furnish sufficient details for all type and numb~r of dwelhng"un I ~he effect of the subdivision. h'pes of usage In order to r-e.ea f nd densih' of population. development on tr3ffic, firo protoc Ion a. J b. Source of ',\Iater supply. c. Facilities for sewage disposal. templatod the pr-oposed zoning plan d. If zoning changes are con , for the area. . . te surface drainage or cubjected to e. In areas 3f-fected b~ Inadoqua s desi ned to make the area safe periodic flooding, furnish ~~OP~:ra~dequ:te street and lot drainage. for occupancy and to pro, J e E1aries for Coon Creek, Cedar f. Floodplain manage~ent area boun Creek, and the Rum River. g. Proposals for street lighting, curb, gutter, sidewalks and boulevard improvements. o 20 o h. Such other information :IS shall be requested by the Planning and Zoning Commission or Engineer. i. /\ location map sho'Ning the plat loc:ltion in the city. The location map shall ha'/€! an approximate scale betv:een one inch equ:lls one thousand five hundrod feot (1" - 1,500') and one inch equals two thousand feet (1" - 2,000') and shall be of suffioient size to locate the plat relative to tho nearest county road'Nay-s. The location map shall sho..... the proposod street layout and the layout of all existing streets platted or unplatted, within one half (1!2) mile of the proposed plat. Tho str:eets and roadways shall be laboled '....ith their proposed or existing namos. Adjacent platted areas shall be I3belod with their plat n3me. . j. The pr:eliminary plat sh:lll sho!}: the number of linear road miles within tho plat. . o k. The preliminary plat shall shCY.... the location Of all "aroa identification" signs. Conditional Use Permit for area identification signs sh:lll be applied for in conjunction with the preliminary plat in accordance with tho zoning ordinanco-1-. (Amendod Ord. 10,215 .umt 11-2-3: FINAL PLAT: A. Procedure: Prior to Council approval of a final plat, the following procedures shall be followed: 1. Application: The Final Plat Fee shall be paid with the Preliminary Plat fee. The fee is determined bv the Fee Ordinance adopted bv th City Council. VloFiling of Final Plat: Within one year following approval of the preliminary plat, unless an extension of time is requested in writing by the subdivider and granted by the Council, the subdivider shall file seven (7) copies of the final plat with the Ci~ GIeFk and shall pay a filing fee therefore as set forth by ordinance . The final plat shall incorporate all changes required by the Council, and in all other respects, it shall conform . to the preliminary plat as approved. If the final plat is not filed within one year following approval of the preliminary plat, the approval of the preliminary plat shall be considered void. o 3. Plat Phasina: The final plat may constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at 1 See section 12-15-6 of this code. 2 See subsection 1-7 -3H of this code. 21 o that time; provided, thatsuch portion shall conform to all requirements of this title, and provided further, that the remaining portions of the preliminary plat not proposed to be recorded, developed and submitted as a final plat, or granted an extension, shall be subject to the right of the City to adopt new or revised platting and subdivision regulations. as provided in Minnesota State Statute 462.358 Subdivision 3c. (Amended Ord. 10, 2-15-1972; amd. 2003 Code) !.2.. Filing Of Plat And Abstract: At the time of filing the final plat with the City ~, the subdivider shall also file with the City ~ an abstract of title or registered property abstract, certified to date, evidencing ownership of the premises involved in the plat. J. Referrals: T!;!s Clerk sRall refer Gepies eft!;!e fiFlal plat te tfle Ii!FlgiFleer aFl€l GRail Fef€lr t!;!e a8straet te tRe ;;Ht@Ffley mr t!;!ek e}(amiFlatieR aR€I repeFt. 4. RepeFts: T!;!e ~ eRsiReer aFl€l ~ attemey ~f:tall SWBFflit tReir repeFts te tl:le CewFlGil witl:liR fifteeFl (15) €lays after tl:ls filiFlS ef tRe fiRall'llat. T!;!e eFlsiReer sRall state wRetRer tRe fiFla' I'llat aFl€l tRe impre':emeFlts GeRfeFiJl te tt.le €lFlsiFleeriRS aFl€l €IesiSR staR€lares aR€I sl'leGifiGatieR& ef tRe eily. Tf:te atterRey st.lall statGl !;!is e~iFlieR as te title ef tRe I'lrGlmises iA\.'slvGl€l. o 5. Fees: TRe &wB€li':i€ler &Ralll'lay tRe fees ef tRe ~ GlRsiASer aR€I ~ atten~ey mr tReir sePifiees aA€I I'€l'leFts I'€Fl€leFe€f iR eeRFleetieR '.':itR tRe fiRed ~ ~s. Compliance With Law: The final plat shall be prepared in accordance with all applicable state laws and county ordinances. B. Council Action: The Council shall act on the final plat within sixty (60) days of the date on which it was filed with the City GIeFk. The final plat shall not be approved if it does not conform to the preliminary plat, including all changes required by the Council, or does not meet the engineering and design standards and specifications of the City. C. Recording Final Plat: Following approval of the final platby the Council, the City GIeFk shall promptly notify the subdivider of said approval, and within thirty (30) days thereafter, the final plat shall be recorded with the County Recorder. The subdivider shall forthwith furnish the City ~ with a receipt from the County showina evidence of the recordinaof the final plat. The subdivider shall submit a diaital copv of the final plat to the City Enaineer. a traGiFlS aR€I tRree (J) eSl'lies sf tRe fiRal plat as reeer€le€l, st.leu'iFlS e':i€lGlFlee ef tRe reGSreiFlS eFl sai€l eel'lies. Failure of the subdivider to comply with the requirement of recording shall be cause for rescission of approval. o 22 o o o D. Required Final Plat Data: It shall be a condition to the approval of a final plat that the following data shall be shown on said plat or shall be furnished therewith: 1. Municipal, township, county or section lines accurately tied to the boundaries of the subdivision by distances and angles. 2. Accurate angular and lineal dimensions for all lines, angles and curvatures used to describe boundaries, streets, easements, areas reserved for public use, and other important features shall be shown. Complete curve data shall be shown, including radii, internal angles, points and curvatures, tangent bearings, and lengths of all arcs. Dimensions of lot lines shall be shown in feet and hundredths of feet. No ditto work shall be permitted in indicating dimension. (Amended Ord. 10, 2-15-1972) 3. Official monuments as designated and adopted by the County Surveyor and approved by the district court for use as judicial monuments shall be set at each corner or angle of the outside boundary of the final plat. Location of all monuments shall be shown. (Amended Ord. 10,2-15-1972; amd. 2003 Code) 4. Official survev markers: The location of all survev markers shall be shown on the final plat. Pil'les sr steel re€ls st.lall Be plaee€l at eaet.l eSrReI' sf eaeR let, aRe tAe leGatieFl tl:lere€lf sRall Be SRS'.':Fl. 5. An identification system for all lots and blocks shall be shown. 6. Streets shall be named, and all names shall be shown. A sequence of street naming shall be followed consistent with the pattern that has been established for the City. ij:! tl:le area. 7. In the event the final plat is a replat of an earlier subdivision, the original platting of the subdivision shall be shown and identified by dotted lines. 8. Judicial and county ditches shall be shown by dimensions and angles as determined from county records. 9. Floodplains and wetlands 6.e\': laFl€! aFl€! '.vater areas shall be indicated by an identification symbol. (Amended Ord. 10,2-15-1972) 1 g. Tl:le maximwm RiSR '::ater level as €IefiFle€! iFl tl:le Del'laI1meFlt ef ~Iatwral ResewF€les' ~tate"/i€le ~taFl€!ares aFl€! Criteria mrMaFlasemeFlt ef ~RerelaFl€l Areas sf MiFlFleseta sl:lall Be SReWFl. ~meFl€le€l Or€l. 1 g, 2 1 ~ 15l72; am€l. 2ggJ Ce€le) 23 o 10 U. All utility and drainage easements, and the dimensions thereof, shall be shown. 11 ~ The names and platting of adjoining subdivisions shall be shown and identified by dotted lines to a distance of one hundred feet (100') from the boundaries of the subdivision under consideration. Lot, block and street arrangements of such adjoining subdivisions shall be shown. Where adjacent land is unplatted, it shall be so indicated. 12. The plat shall be on Anoka County coordinates and Anoka County survev datum. 1 J. ~~Fe aFlY resi€leFltiall'llat may Be al'll'lFeve€l aFl€l Bef€lre aRY I'lermit may Be isswe€l mr a Fesi€leFlGe tl:lereiFl, tAe sWB€li':i€ler sl:lall first I'lreSeFlt eempeteFlt I'lFe9f tl:lat tl:le Flatwral gFeWFl€l \"'amr le'tel at all times iF! sai€l sWB€livisieFl is FIst less tAaF! tAre€ feet (J') Bele'.\' tt.le level @f tAe le';:est I'l@Fti@Fl ef tRe I'lrel'lese€l strwetwFe, er tAat a satisfaGtery systElm ef SF8WFl€l '::ater eeFltr@1 \':ill Be lOeFlstrwete€l as aFl iFltesrall'laFt ef tRel'lFep@se€l F€si€leRtial sWB€li'JisieFl. (.^.FfleFl€le€l Qr€l. 1 Q, 2 15 W72) o o 24 o SECTION: 11-3-1 : 11-3-2: 11-3-3: 11-3-4: 11-3-5: 11-3-6: 11-3-7: 11-3-8: 11-3-1 : A. o CHAPTER 3 DESIGN STANDARDS General Requirements Street Plan Streets Easements Blocks Lots Parks, Playgrounds, Open Space And Public Uses Trails GENERAL REQUIREMENTS: The Planning and Zoning Commission, in its review of a preliminary plat, shall determine whether the proposed subdivision is in conformity with the Comprehensive Plan and shall take into consideration the requirements of the City and the best use of the land. Particular attention shall be given to the arrangement, location and widths of streets, drainage and lot sizes and arrangements. B. The preliminary plat shall cover all of the owner's contiguous land or any other property of the owner as deemed necessary by the Planning and Zoning Commission in consideration of rural and urban differences, the zoning ordinance and the Comprehensive Plan. Tl:!efiFlall'llat may B@ver eFlly e peFtieFl ef tl:!e pFelimiFlavy plat, pre'Ji€le€l it is iR eeRwFiJlitr witl:! tl:!e al'll'lF8ve€ll'lrelimiFlavy I'llat. C. Where the parcel of land is subdivided into tracts larger than required for building lots, such tracts shall be divided so as to allow for the opening of streets and ultimate extension of adjacent streets. D. Unplatted portions of land (outlots) or private easements controlling access to public ways shall not be approved within the plat. (Amended Ord. 10,2-15-1972) E. o Minnesota Statutes 462.358, Subdivision 2A, authorizes the City to condition approval of the subdivision of property on the construction and installation of certain utilities. The intent of this section is to specifically set out the required improvements that promote and protect the public health, safety and general welfare. The City reserves the right to require additional improvements if deemed necessary by circumstances and 25 o F. o 11-3-2: A. o conditions unique to these particular lands. No subdivision of land is allowed in the area designated on the Comprehensive Plan as "Rural Reserve" unless storm sewer, sanitary sewer and a municipal water supply are constructed to serve the area being divided. (Ord. 274, 9-2- 2003) Required Buffer Area From Rural Areas or Neiahborhoods: All residential developments constructed with municipal sewer and water may be required to provide buffering from rural neighborhoods outside of the City's Municipal Urban Service Area (MUSA) except wRen for adjacent areas @wtsi€le ef that are currentlv within the existing MUSA are planned for future urban development. 1. Buffer Area Location: Buffer areas shall be located as close to property lines between proposed urban and existing rural properties as practicable. 2. Buffer Area Requirements: Buffer areas shall provide a consistent level of physical separation and/or visual screening to provide a transition between urban and rural developments. The extent of the requirements shall be determined by the City Council at the time that the preliminary plat is reviewed. These requirements shall be based on the existing and proposed topography and vegetation within and surrounding the proposed development and may include one or more of the following: a. Additional lot width or depth to provide physical separation b. Tree save areas to provide visual screening c. Tree planting areas to provide visual screening d. Relocation of drainage areas to preserve existing, trees and/or area for new trees to be planted. e. A combination of the above or others as needed to provide a significant and consistent buffer area. 3. Exemption: In the event that a significant and consistent buffer is provided by existing trees, wetlands, floodplain or other topographic or hydrologic features, the Council may determine that no additional requirements are necessary. (Amended Ord. 331, 6-6-2006) STREET PLAN: Compliance With Comprehensive Plan: The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive Plan, the approved standard street specifications, and all applicable ordinances; and all streets shall be considered in their relation 26 o to existing and planned streets, to reasonable circulation of traffic, to topographical convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. B. Continuation Qf of Existing AOO and Future Streets: The . arrangement of streets in new subdivisions shall make provision for the continuation of existing and future streets in adjoining areas. C. Frontage Restrictions: No preliminary plat shall be approved wherein lots front on the right-of-way of state, county, or city arterial or maior collector roads. Such lots may front on service roads with entrances to the above or at intervals as determined bv the County or City. ef six !:twFldr@€1 silEty met (SSg') wr aFterials aFl€l tRFee I:IWFl€lFe€l tt.!iFty met (JJg') fer e€lllem€lFs. (Amended Ord. 10,2-'15-1972) 11-3-3: STREETS: A. Widths: 1. All right of way and roadway widths shall conform to the following minimum dimensions: o Classification Arterial Collector - maior ImwFlisil'lal stiilte iilid Collector - minor MiFl€lr (WFBiilFl) Local urban city street MiReI' (rwral) Local rural city street Cul-de-sac Service o RiQht of Way Width - 120 feet 80-120 feet. as determined bv the City Enaineer 80-120 feel as determined bv the City Enaineer 60 feet 60 feet 120-foot diameter 60 feet Typical Roadway Width Back of Curb to Back of Curb - CwrB FaGe T€l CwrB ~ Variable Variable ( J2 feet 33 feet 24 fGlet 31 feet 93 foot diameter 33 feet 2. Additional right-of-way and street widths may be reauired ~ depending upon anticipated traffic volume, planned function of street 27 0 and character of abutting land use. B. Horizontal Curve Radius: The minimum horizontal curve radius on minor streets shall be fifty feet (50') or as required by the City Engineer. (Amended Ord. 10,2-15-1972) C. Grades: Streets grades shall not exceed seven percent (7%) for local miR9F and colleCtor streets and four percent (4%) for arterials tRerewSAfares, and in no case shall they be less than one-half percent (0.5%) on streets with concrete curb and gutter~; er eFle pereeFlt (1%) eFl miFler rwral siP! street se~eFls. Grades within thirty feet (30') of street intersections shall not exceed two percent (2%). (Amended Ord. 10, 2- 15-1972; amd. 2003 Code) D. Vertical Curves: Different connecting street gradients shall be connected with vertical curves. Vertical curves shall be designed in accordance with MNDOT guidelines with a minimum design speed of thirty (30) miles per hour or as required by the City Engineer. E. Street Jogs: Street jogs in local miR9F and service streets shall have a centerline offset of not less than one hundred fifty feet (150'). Street jogs 0 shall be avoided in all other streets. F. Local ~ Streets: Local ~ streets shall be so aligned that their use by through traffic will be discouraged. G. Cul-De-Sacs: The maximum length of cul-de-sac streets shall be five hundred feet (500') measured along the centerline from the intersection to the center of the cul-de-sac area. Each cul-de-sac shall have a terminus of nearly circular shape, with a minimum right-of-way diameter of one hundred twenty feet (120.0'), and a minimum roadway diameter of ninety three feet (93.0') in the urban service area and the rural service area. Temporary cul-de-sacs shall be required in all new subdivisions to make provision for the continuation of future streets in adjoining areas when the length of the street exceeds two hundred ten feet (210.0') from the centerline of the intersecting streets. Each temporary cul-de-sac shall be required to have a minimum roadway diameter of eighty feet (80.0') and constructed with concrete curb and autter. BitwmiFlews GwmiRS as €IefiFlelil iFl tRe sit\.,' staR€lar€ls. Adjacent property owners/developers benefiting from the street continuation shall be responsible for the removal of the temporary cul-de-sac and shall be required to replace the street in accordance with current city requirements and standards. The property line at the intersection of the turnaround and the straight portion of the 0 street shall be rounded at a radius of not less than twenty feet (20.0'). H. Service Streets: In those instances where a subdivision abuts or contains 28 o an existing or planned maior collector or arterial roadwav tl:lerewst.lfare or a railroad right-of-way, the City Council PlaFlFliflS aFl€l ZeFliFlS CemmissieFl may require a service street approximately parallel to and on each side of such right-of-way in order to provide protection to residential properties and to provide separation of through and local traffic. SooR se~viee stFeets st.lall Be le@at@€1 at a switaBle €IistaFl@e fr@m tt.le tRer@wSAfaFe @r railr@aa risl:lt @f t':ay iF! @Fder te prGvi€le wr parl~ wse ef tl:le iFlte~'eFliFlS laFl€l iF! Fesi€leFltial €Iistriets, Elr te I'lrevi€le fer eemmereial er iFlawstrial wse @f tRe iRte~.:eF!iRS laRa iR GeFflmereial er iRawstrial aistriGts. The requirements of approach grades and future grade separations shall be considered in establishing the separation distance between said service streets and the roadwav tl:lerGwSRfare or railroad right-of-way. I. Half Streets: Half streets shall be prohibited except where necessary to complete the right-of-way of an existing half street. J. Reserve Strips: Reserve strips controlling access to streets are prohibited. K. Private Streets: Private streets shall not be approved. All proposed streets shown on the plat shall be offered for dedication as public streets. L. Adjoining Property: Street right-of-way shall A€lt be planned so as to provide proper access to eaws@ l:IaF€lst.lil'l te e'..'i!FleFS ef adjoining property. o M. Intersections: The angle formed by the intersection of streets shall not be less than sixty degrees (600), with ninety degree (900) intersections preferred. Intersections of more than four (4) corners are prohibited. N. Anv drivewav access to a street shall be at least Flet less tl:laFl sixty feet (60') from an intersection as measured from the intersectinQ riahts- of-wav. frem aFl iFlmFSeetieFl. o N. Boulevard Sodding 1: In subdivisions where municipal sewer and water are going to be installed, four inches (4") of topsoil and boulevard sodding shall be required. In all others areas not served bv municipal sanitary sewer and water, four inches (4") of topsoil shall be spread, seeded, mulched and the mulch must be disc anchored. e...O. Tangent: A tangent of at least one hundred feet (100') in length shall be introduced between reverse curves on arterial tRerewsl:lfare and collector streets, and a tangent of at least fifty feet (50') in length shall be introduced between reverse curves on all streets except selected minor streets and lanes. o 1 See also sections 9-1-5A, 9-10-3 and 11-4-8 of this code. 29 o A. o P. Corners: Rights-of-way ef street iFlteFSeeti8Fls wher anv two local city str ts int rsect shall be rounded by a radius of not less than twenty feet (20'). Anv rights of wav where a city street and a county road intersect shall be rounded bv a radius of not less than thirty (30) feet. Q. C8l1eet@r Streets:.^ s €IefiFleel for tflis seeti8Fl, eelleeter streets 8Fe feeeleFS te tl:!e aFterial Fea€ls as €Iet:iFle€l iFl tRe Ceml'lret.leFlsive PlaR er S8Rerally '.vitl:! aFl AgT ef eRe tflewsaRel (1,ggQ) er sreater, er a mWFlisil'lal state ai€l street for tt.le eity. ~meFl€leel Or€l. 1 Q, :2 15 1 g72~ 11-3-4: EASEMENTS: Utility Easements: Easements at least twenty feet (20') wide or as determined bv the City EnQineer, centered on rear and side lot lines, shall be provided for utilities where required by the platting authority. Utility easements shall have continuity of alignment from block to block and lot to lot. Lots served bv municipal services shall have 5-foot drainaQe and utility easements alona the side lot lines and 10-foot drainaae and utility easements alona the front and rear lot lines. Lots without municipal services shall have 10-foot drainaQe and utility easements alona all property lines. liasemsFlts may 8e re€lwireel aleFlS let liFles te rigl:!t €If '\'ay se as t@ I'lre';i€le fer street lisRtiFlg. B. Drainage Easements: Where a subdivision is traversed by a wetland. watercourse, drainageway or stream, a drainage easement conforming substantially with the lines of such watercourse shall be provided, with further width as shall be adequate for storm water drainage of the areas. (Amended Ord. 10,2-15-1972) 11-3-5: BLOCKS: A. Lengths: The maximum length of blocks shall be one thousand three hundred twenty feet (1,320'). Pedestrian I trail ways at least teA twenty feet ~ (20') wide may be required at the approximate center of blocks over six hundred sixty feet (660') in length. Provisions for additional accessways to schools, parks, and other public grounds may be required. o B. Off Street Areas: Blocks intended for commercial, industrial, or uses other than single-family dwellings shall be so designed to provide adequate off street areas for parking, loading, and such other facilities as shall be required by the z@RiRS eFdiFliiRee ef tRill eity\ City Code, C. Width: All blocks shall be so designed to provide for two (2) tiers of lots 1 See sections 12-14-10 and 12-14-11 of this code. 30 o unless conditions exist to render this requirement undesirable. (Amended Ord. 10,2-15-1972) 11-3-6: LOTS: A. Minimum Lot Size: The minimum lot area and dimensions shall be as specified in the respective zoning districts of the €lily zeFliFlS en;liFlaFl€le. City Code. B. Buildability Requirements: All residential and commercial lots shall have the lowest floor a minimum of three feet (3') above the seasonal high water mark or eRe wet (1') two feet (2') above the designated or designed 1 DO-year flood elevation, whichever is higher unless evidence is submitted and certified by a geotechnical engineer that shall be reviewed and certified by an independent geotechnical engineer hired by the city at the expense of the developer and approved by the City Council that a three foot (3') separation ef less tl:lGlFl tRFeB met (3') can be achieved and is warranted. o 1. Residential Lots Served By Municipal Sanitary Sewer: Lots served by municipal sanitary sewer shall remove all organic material and replace with granular material with no more than five percent (5%) organic material by volume for the front eFle I:IWR€lF8€1 feet (1 gO') one hundred ten (110') of depth of the lot at a minimum width of the lot as required for that zoning district by the zeFliFlS eFdiFlaReB. City Code. 2. Residential Lots Lacking Municipal Sanitary Sewer: No plats within the Metropolitan Urban Service Area (MUSA) shall be approved unless municipal sanitary sewer, municipal water and storm sewer are constructed to serve the proposed development. All lots lacking municipal sanitary sewer shall adhere to the following: a. A building pad shall be created for each lot with a minimum size of three thousand six hundred (3,600) contiguous square feet. The building official shall determine that the dimensions of the building pad are adequate to locate a house in compliance with all applicable requirements. b. The building pad shall be required to have a finished grade of at least six feet (6') above the seasonal high water mark. o c. All organic material shall be removed from the designated building pad area and replaced with granular material with no more than five percent (5%) organic material by volume. d. There shall be two (2) 5,000-square foot areas designated and 31 o staked for the primary and secondary on site septic drainfield based on design criteria for a four (4) bedroom home. The designated drainfield locations as stated above shall comply with IFl€livi€lwal Se\":ase TreatmeFlt StaFl€laFds Cl:!al'lter 7QaQ City Code Title 10-4 "Individual SewaQe Disposal Svstems" as amended. e. The location of the primary and secondary sites shall be indicated on the preliminary grading plan and the design specifications for the drainfields shall be submitted at the time of the submittal of the preliminary plat for proposed developments and at the time of building permit application for new homes. t. Tt.lese !'If@\'isieF-ls sl:!all FI@t al'll'lly t@ pla~ apl'lre"@€1 BY tRe GiP; I'lrier te OetGBer 17, 19n. C. Location: All lots shall have at least tRe miFlimwm re~wireg frontage on a publicly dedicated street. D. Corner Lots: Corner lots shall be platted at leastten feet (10') wider than interior lots on all lots of less than three hundred feet (300') in width at the building setback line. Corner lots shall be a minimum of one hundred feet (100') wide as measured at the building setback line or ninety feet (90') wide for back to back lots. o E. Cul-De-Sac Lots: The minimum lot width at the front setback line for cul- de-sac lots lacking municipal sanitary sewer is one hundred sixty feet (160'). A maximum of two (2) lots lackina sanitary sewer per cul-de- sac are allowed to wtilize tl:!e re€lwGe€llet '/:i€ltl:! be platted. F. Butt Lots: The use of butt lots shall be avoided wherever possible. G. Watercourses: Lots abutting upon a watercourse, drainageway, or stream shall have such additional depth or width as may be required to protect house sites from flooding and shall be subject to restrictions of the Department of Natural Resources aA€I ~U.S. Armv Corps of Engineers . the Coon Creek Watershed District. the Lower Rum River Watershed Manaaement OrQanization. or anv other reQulatory aQencv. H. Double Frontage Lots: Lots with frontage on two (2) parallel streets shall not be permitted except where lots back on maior collectors. arterial streets or highways. Double frontage lots shall have an additional depth for screen planting along the rear lot line often feet (10') as reaulated bv City Code Title 12-13-5. o I. Access To TRer@wSRfar€ls Art rials or Maior Collectors: In those 32 o o o instances where a plat is adjacent to a limited access Risl:l',ft'ay €II' @tRer majer RiSR'.vay €II' t!;)erews!;)fare arterial or maior coli ctor. no direct vehicular access shall be permitted from individual lots to such t.liSR'::ays roadwavs unless no access can be provided bvother means. J. Natural Features: In the subdividing of land, regard shall be shown for all natural features, including tree growth, watercourses, historic places and similar amenities of the area which, if preserved, will add attractiveness and stability to the area. K. Lot Remnants: Lot remnants which are below the minimum lot area or dimension must be added to adjacent or surrounding lots rather than be allowed to remain as an unusable outlot or parcel. L. Resubdivision: The preliminary plat shall show a feasible plan for future resubdivision by which lots may be resubdivided to meet the size and dimension standards of lots in areas served by municipal sewer where the city deems it necessary in those areas that can be served in the future. M. Wetland I Stormwater Pond Buffer: Pursuant to Title 13, Chapter 6 of this code a one rod (16.5 feet or 5 meters) wide area abuttirig a wetland and/or stormwater pond that shall be left undisturbed or in its natural condition during the development, building and landscaping phases. The buffer strip shall not be included within the preceding eFle RWFllilrea feet (1 gQ') one hundred ten (110') buildability requirement. (Ord. 273, 9-2-2003) 11-3-7: PARKS, PLAYGROUNDS, OPEN SPACE AND PUBLIC USES: A. Lands For Public Use Required: Pursuant to Minnesota Statutes Section 462.358, as amended, the City Council of the City of Andover shall require all owners or developers, as a prerequisite to approval of a plat, . subdivision or development of land, to convey to the City or dedicate to the public use for park or playground purposes, a reasonable portion of the area being platted, subdivided or developed as hereinafter specified. Said portion to be approved and acceptable to the City, or in lieu thereof, the owners or developers shall, at the option of the City, pay to the City for the use in the acquisition of public parks, open space and playgrounds, development of existing public park and playground sites, and debt retirement in connection with land previously required for public parks and playgrounds. Any park cash contributions based on market value for commercial/industrial zoned property is to be determined as identified in Subsection C of this section are to be calculated and established based On the land value at the time of final plat. Any park cash contributions for residential zoned property are to be determined as identified in Subsection 33 o o o C of this section. The form of contribution (cash or land) shall be decided by the City based upon need and conformance with the approved City Park Comprehensive Plans. B. Dedicated Lands: 1. Requirements: Any land to be dedicated as a requirement of this section shall be reasonably adaptable for use for active park and recreation purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, tree cover, access and location. Also land dedication shall be selected based on the parkland need defined by the Andover Park System Plan. Active parkland areas shall be exclusive of wetlands, slopes exceeding twelve percent (12%), ponding areas, or other features unsuitable for active park development. The City may accept natural open space or passive park containing unique natural environmental features as part of the parkland dedication. Selection of park land for dedication shall be at the discretion of the City Council, based on the policies and recommendations of the Comprehensive Plan and the Comprehensive Park System Plan. The Council mav vary from these reauirements if a development demonstrates uniaue attributes sufficient for parks and open space included in the development. 2. Maximum Area of Dedicated Land: Developers of land within the City of Andover shall be reauired to dedicate 10% of land to the city for park. open space and plavaround purposes. 2. StaFl€laFds (;er QeteFiJliRatieA: Tl:!e Park aFl€l ReereatieFl CeFflmissieR sl:!afl FeeeFflFFleA€I te tf;!e City CewFl@i1 a€lel'ltieFl ef tt.le CeFfll'lrel:!eFlsi'Je Par*: QevelepmeFlt PlaFl fer €IeteFiJliRiRS wl:!at l'leFtieA €If eael:! sw@f;! €lel,,'elel'lmeFlt st.lewl€l reaseFlaBly Be reqwire€l t@Be se GeFl':eye€l er €Ie€lieate€l. SWGI:! Cempr€lReFlsive Parl~ De'Jelel'lmeFlt PlaFl may take iRte eeFlsi€leratieFl tRe zeFliFl!1l @lassifieatieA assiSRe€l te tl:!e laFl€l te Be €Ie'Jelepe€l, tt.le l'laFtiewlar prepese€l wse wr swel:! laFl€l, ameFlities te 8e I'lrevi€le€l aFl€l fcaGters sf €IeFlsity aFl€l site €Ievelel'lFfleFlt as prel'lese€l BY tf;!e e'::Flers er €Ie':elel'lers. Tl:!e Parh aFl€l Re@reatieFl CeFflmissieFl st.lall fwFtl:!er r€lGeFflmeFl€l el:!aAses aA€I am€lFl€lm€lRts te tl:!€l Cem~~R€lAsr-'e Par*: D€l':elel'lm€lAt PlaR te ~fleet eAaASBs iR tRe wsaSB ef laR€I 'J.'AiGI:! may eeewr, el:!aRses iFl :!eAiFlS elassifieatieFls aFl€l eeFl@el'lts aFl€l el:!aFlges iFl ~lar;miFlS aFl€l €Ie"ele~meFlt @eFleepts tAat Felate te tl:!8 €Ievelel'lmeFlt aFl€l wsases te 'IIRiGI:! tRe IGlFl€l may. Be I'lwt. J. Park .^.Fl€l ReereatieA CemmissieR ReeemmeA€latieFl: TAB Par*: aFl€l Re@FeatieFl CemmissieFl st.lall, iFl eaGI:! Base, FeeemFfleFl€l te tt.le City 34 o Ce~Fl@il tl:l€l t@tal area aFl€lI@@atieFl ef swel;} laR€I tRat tl:le C@mmissiem me Is sR@wl€I Be s@ @eFl'/9ye€l er €Ie€lieate€l "'itl:liFl tl:lB €Ievelel'lmeFlt wr I'larl<, I'llarsrewFl€l, @l'leFl sl'lae€l aFl€ll'lwBli@ WSB I'lWfl'leses. C. Cash Contribution In Lieu Of Lands: 1. Amount Determined: a. IFl tR@se iFlstaFlGes "'ReFe a @asl:l GeFltriBwtieFl is t@ Be ma€!€l BY tl:l€l e"'RBfS er €IB'JelepeFS iFl liew ef a eeFl':@yaRee er €!B€lieatieFl ef laR€! wr l'liilFl'i:, playt;JrewR€I, epEm spaee er I'lwBlie wse pwrpeses, tt.le Park iilFl€l ReBFeati@Fl C@FflmissieFl sl;}all r@@emmeFl€! te tRe City CewFleil tRe am@wFlt ef easR sai€l CeFflmissieFl reels sl;}ewl€I B€l se e@RtR8wt€l€!. SWeA r@e@mm€lR€latieFl sRall 89 8ase€l @R tl:lB m,uk9t . ':alwe @f tt.le wFl€le'Jelel'le€llaFl€l tRat 'JJ@wl€I etl:leF!..vise Ra':€l BeeR eeFl':@y@€1 er €Ie€lisate€l. Q .!! 9. In lieu of land dedication, the City may require from the developer or owner a cash contribution which is based on a fee per lot/unit basis for the development of residentially zoned property. In the case of the development of commercial/industrial zoned property, the City may require a cash contribution from the developer or owner which is based on a maximum of ten percent (10%) of the market value ofthe land. These fees' are established and adopted by the City Council and are effective for any plat that has not received preliminary plat approval after the date of publication of this title. The fees would also apply to plats that have received preliminary plat approval, but have not received final plat approval by the City Council.:.... "Jitl:liFl t1"elve (12) meRtl:ls €Jftl:le I'lwBlieatieFl €late @f tl;}is title. If an extension is requested of the preliminary plat beyond the twelve (12) months, the fee that is in effect at the time of the extension is the fee that is to be contributed. Park cash contributions are to be paid to the city prior to the recording of the final plat at the county. The City Council may require the payment at a later time under terms agreed upon in the development agreement. Delayed payment may include interest at a rate set by the city. o I;!.e. If the applicant or developer does not believe that the estimates fees contained in the city fee schedule (pursuant to this park dedication analysis) fairly and accurately represent the effect of the subdivision on the park or trail system of the city, the applicant or developer may request that the city prepare an in- depth study of the effect of the subdivision on the park and trail system and an estimate of that effect in money and/or land. All 1 See subsection 1-7-3G of this code. 35 o costs of said study shall be borne by the developer or applicant. If the developer or applicant requests the preparation of such a study, a plat application mav proceed as if the fee had been paid. pendina a decision on the appeal of dispute over the propos d fee in lieu of dedication if: 1, The applicant puts the City on written notice of the proposed fee in lieu of dedication. 2. Prior to the City's final decision on the application. the fee J' in lieu of dedication is deposited in escrow. and ~ 3. The applicant appeals under Minnesota State Statute 462.361 within 60 davs of approval of the application. If such appeal is not filed bv the deadline. or the applicant does not prevail on the appeal. then the funds paid into the escrow must be transferred to the City. Ae apl'lli@atieFl fer €Iev@lel'lmeFlt sWBmitl:@€l sl:lell Be €leeme€l eeml'llete wFltil tl:le stw€ly l:IalO loleeFl @sml'llsts€l aA€l a €IetermiFlatieFl is ma€le as t@ tRe al'lPF@l'lriate aFfl@wRt ef laR€I er meAey Fleeessary te effset tRe efmets ef tl:le sW8€1ivisieFl. o ~Q. If a combination of cash and land dedication is required, the cash contribution to the city would be determined as follows for residential zoned property: Step 1: Total acreage of plat multiplied by ten percent (10%) (minimum required land dedication) yields the required land to be dedicated. Step 2: Actual acres of active park to be dedicated (exclusive of wetlands. slopes exceedina 12%. pondina areas. or other areas unsuitable for active park development) divided by the required land to be dedicated yields the percent of land that must be dedicated. Step 3: "Total park dedication fee" will be determined by establishing the ultimate number of residential lots being dedicated (if no park land was dedicated) multiplied by the park dedication fee per unit {if no park land was dedicated). Step 4: Divide the "total park dedication fee" by the required land to be dedicated. This yields the "fee per acre". o Step 5: Multiply the "fee per acre" by the acres of park to be dedicated. which is to include one half (1/2) of the street riaht- of-wav adiacent to th park. This yields the dollar value of credit 36 o o o for land being dedicated for th park and for th riaht-of-wav adiacent to the park.. Step 6: "Tetal f€e" The "total park dedication fee"minus the dollar value of credit for land and riaht-of-wav being dedicated yields the dollar amount and/or balance due in park dedication fee. Step 7: Credit will be aiven towards the park dedication fee that is reauired for areas within the park that were reauired to be improved bv the City and aQreed to bv the developer or owner. Those improvements mav include. but are not limited to. aradina of the park:. installation of plavaround eauipment. installation of individual sanitary sewer and water service (not the main laterallinesl. and anv other item that would relate to development of the park. 2. Market Value Of Lands: "Market value", for the purposes of calculating the commercial/industrial park dedication fee as required by this title shall be determined as of the time of the final plat approval without improvements in accordance with the following: a. The Park and Recreation Commission and owners or developers may recommend to the City Council the market value. The City Council, after reviewing the Park and Recreation Commission's recommendation, may agree with the owner or the developer as to market value. b. The owner or the developer may select from a list, one of three (3) accredited appraisers that has been approved by the city to establish the market value. The appraisal shall be at the expense of the owner or the developer. Such appraisal shall be accepted by the City Council and the owner or developer as being an accurate appraisal of "market value". g. OeFlsity .^.Fl€l Ql'leFl Sl'lae@ ReElwir€lFflsFlts: laR€I aF@a s@ @@Fl'J@ye€l @r €Ie€liBat@€1 WI' l'larl'L, el'leFl sl'laee aR€ll'llaYSFBwR€ll'lwrpeses may Flet Be wse€l BY aFl @'.'mer er €Ievel@per as aR alle"JaFlGe WI' €Ie':elel'lmsRt as set @wt iFl tRe eity ::1:eFliFlS er€liFlaFlB8. Tt.le laR€I sl:lall Be iR a€leitieR t@, (e)(eept fer SWBseelisFl ~ ef tRis seeti@Fl), aFl€l Flet iFl liew ef, el'leFl sl'laee FeElwiremeFlts WI' PlaFlFle€lYFlit Oevelel'lmeFlts I'lWFSwilFlt te Title 1 J, Cl:lal'lt@r J ef tl:lis ~ E. Credit For Private Open Space: Where private open space for park and recreation purposes is provided in a proposed development and such space is to be privately owned and maintained by the owner of that development, such areas may be used for credit at the discretion of the 37 ( o City Council against the requirement of dedication for park and recreation purposes, provided the City Council finds it is in the public interest to do so and that the following standards are met: 1. That yards, court areas, setbacks and open space required to be maintained by city ordinances shall not be included in the computation of such private open space; 2. An Association will be reauired to ensure that the private ownership and maintenance of the open space is adequately provided forl., Br writteFl asreemeFlt; 3. That the private open space is restricted for park and recreation purposes by recorded covenants which run with the land in favor of the owners of the property within the development and which cannot be eliminated without the consent of the City Council; 4. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space; o 5. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the Comprehensive Plan, and are approved by the City Council; and 6. That where such credit is granted, the amount of credit shall not exceed one hundred percent (100%) for the development of the amount calculated under Subsection F of this section. F. MiRimwm .I\rea Of De€lieate€llaFl€l: De':elepeFS ef (aRe! '::itt.liFl tt.le eity sf .^.FI€lever sRall Be re€lwiFe€l te €Ie€lieate te tt.le Git}' WI' parh:, el'leR sl'laee aFl€lI'l(a~rewFl€l I'lwrp8ses as a miRiFflwm tl:lat l'lereeF!tase ef SFeSS laFl€l aFea as set ewt Be Ie':!: Re~wiFemeFlt Resi€leFltial 1 g l'lerGeFlt C emFflereial1 Fl€lwstrial 1 g pereeFlt o G. Metes And Bounds Lot Splits: Tl:le Park aFl€l ReGFeatieFl CemFflissieFl may reGeFflmeFl€l Gasl:l l'laymeFlt iFl Iiew ef paFl~ laFl€l eR Ffletes aF!€1 88WFl€lS let sl'llits less tt.laFl t\.'J€lFlty (2Q) aGFeS iFl siile. Hie paYFfleFlt amewRt sRall Be €IeteFiJliFle€l tt.lFeW~R tRe same I'lFeeess ewtliFle€l iF! SWBseGtieFl C ef tl:lis seGtieR. The Park and Recreation Commission 38 o mav recomm nd to the City Council a cash pavm nt in Ii u of park land on metes and bounds lot splits less than twenty (20) acres in size. Where a cash contribution is reauired. the owner will be reauested to contribute on a fee per lot or fee per unit as reauired bv City Code 1-7-4 for the lot that is beina split The City will have a riaht to collect a park dedication fee for anv future subdivision of the property. Fl. .~.€ImiFlistrative Preee€lwres: Tl:le Park aFl€l R@€lreatisFI CemmissieFl sRall estaBlisR sweR a€lmiFlistFati\'e I'lrBeeawres as tt.ley may €Ieem FleeessaJ?/ aFl€l r@€IwiF8€1 te iml'llemeFlt tt.ls I'lrB\'isieFls ef tl:lis title. (OFd. 10FlFl, 5 G 2002) 11-3-8: TRAILS: Cash Contribution for Trails: The City shall have the authority to reauire a trail fee that will be charaed at the time of subdivision. The fee shall be established annuallv with the City Fee Ordinance and is . separate and distinct from the park dedication fee, The fee's intent is to fund reaional trails as shown in the Comprehensive Plan. o o 39 , 4== o SECTION: o 11-4-1: 11-4-2: 11-4-3: 11-4-4: 11-4-5: 11-4-6: 11-4-7: 11-4-8: 11-4-9: 11-4-1 0: 11-4-11: 11-4-12: 11-4~13: 11-4-14: 11-4-15 11-4-16: 11-4-1: CHAPTER 4 REQUIRED IMPROVEMENTS General Conditions Development Contract Financial Security Construction Plans Inspections Preexisting Improvements Completed Improvements Documented Street Improvement Standards Drainage Facilities Subsurface Conditions Water And Sewer Systems Sidewalks And Pedestrianways Public Utilities Dead and I or Diseased Trees NonconforminQ Provisions Official survev markers GENERAL CONDITIONS: lJl'leFl r@eeil'lt sf I'lFelimiFlapj I'llat al'll'lFe'JaI BY tRe CSWFl€Oil aFl€ll'lrier te CSWFlGiI aI'lI'lFe':al sf tt.le fiFlall'llat, tl:!e SWBGi'Ji€ler sRall make I'lFe\'isi@Fl, iR tRe maFlFler l:!ereiRafter set feRI:!, wr tRe iFlstallatieFl, at tl:l€l sele e}(peFlSe sf tt.le sWB€li'Ji€ler., sf SWGI:! iml'lre':emeRts as sl:!all Be re€fwimG BY tR€ Gity, wAief;! iml'lrevemeFlts may iFlGlw€le, BWt are Flst Iimite€l ts, stFeets, si€le':Jalks, I'lwBlie '.vat@r systems, saFlital)' se'.ver systems, SWRa€Oe aFl€l steFiJl €IraiFlase systems, aFl€ll'lwBlie wtilil?; sel?'ie@s. TR8 iFlstallatisR sf sai€l impre':emeFlts sRall Be iFl €OeFlwFiJlity witR al'll'lr8ve€f €OeFlstrwetieFl I'llaFls aFl€l sl'le€OifJeatieFls aFl€l all al'll'lli€OaBle staFl€laFds aFl€l @r€liRaRees. €.~eFl€le€l OFd. 1 g, 2 Hi 1972) Upon receipt of preliminary plat approval bv the Council and prior to Council approval of the final pial the subdivider shall make provision. in the manner hereinafter set forth. for the installation of all improvements reauired bv the city. The improvements mav include. but are not limited to. streets. sidewalks I trails. public water systems. sanitary sewer svstems. surface and storm drainaQe svstems. and public utility services. The improvements shall be at th sole expense of the subdivid r. with the o 40 o exc ption of Trunk Sanitary Sewer. Trunk Water Main. and ReQional Trail Improv ments. The installation of said improv m nts shall be in conformity with approved construction plans and specifications and all applicable standards and ordinances. Such improvements can be install d publiclv or privatelv as identified in the City's Development Guidelines for Infrastructure Improvements. 11-4-2: DEVELOPMENT CONTRACT: Prior to the installation of any required improvements and prior to al'll'lre':al release of the final plat for recordina, the subdivider shall enter into a contract with the city to construct said improvements at the sole expense of the subdivider. with exception to Trunk Sanitary Sewer. Trunk Water Main. and Reaional Trail improvements and in accordance with approved construction plans and specifications and all applicable standards and ordinances. Said contract shall provide for the supervision of construction by the Engineer, and said contract shall require that the city be reimbursed for all costs incurred by the city for engineering and legal fees and other expenses in connection with the making of such improvements. The performance of said contract shall be financially secured by a cash escrow deposit or irrevocable letter of credit as hereinafter set forth. (Ord. 10FF, 8-5- . 2002) o 11-4-3: FINANCIAL SECURITY: The development contract shall require the subdivider to make a cash escrow deposit or, in lieu thereof, to furnish a letter of credit in the following amounts and upon the following conditions: A. Escrow Deposit and I or Letter of Credit: The subdivider shall deposit with the Finance DirectorfTreasurer a cash amount as required by the city development contract with the total cost of SUGR improvements as estimated by the Engineer and I or identified in the contract. In lieu of a cash escrow deposit. the subdivider mav furnish an irrevocable letter of credit with a corporate surety. The amount shall include iFlelwBiFlS the estimated expenses of the city for engineering and legal fees and other expenses incurred by the city in connection with the making of such improvements. ~. letl:er Of CF8€1it: IRliew @f a easR eSer9Y: €Iel'lesit, tRe swMi"i€ler may wmist.l aFl iwe'/eeaBle letl:er ef eFe€lit, '::ill:! a eerperate SWFety as re€lwire€l tly tl:!e eity €Ie':elel'lmeFlt @eFltra€Ot u'itl:! tt.le tetal eest ef sw@1:! iml'lrevemsFlts as estimate€l tly tRe eFlsiFleer, iFlelw€liFlS tt.le estimate €I eXl'leFlse ef tRe Gity WI' eRsiReeriRS aRB lesal fees aFlB 9tR8r ex~eFlses iR@WrFeB ey tl;-te Git)' iFl @eFlFle€OtieFl 'f:itl:!tRe mal'.iFlS ef sw@1:! im~re'/emeFlts. o B. G Conditions: The development contract shall provide for a completion date on which all of the required improvements shall be fully installed, completed and accepted by the city. The completion date shall be determined 8Y tt.le CewR@il after eeFlswltatieFl '::itl:l~the engineer and the 41 o subdivider, and shall be reasonable in relation to the construction to be performed, the seasons of the year and proper correlation with construction activities in the subdivision. The development contract shall provide that in the event the required improvements are not completed within the time allotted, the city shall be allowed to exercise its power to reeever SFl tRe redeem the letter of credit or utilize the cash escrow deposit to complete the remaining construction to city standards and specifications. In the event the amount of funds recovered is insufficient to cover the cost of construction, the Council may assess the remaining cost to the lands within the subdivision. (Ord. 10FF, 8-5-2002) 11-4-4: CONSTRUCTION PLANS: Preliminary construction plans and specifications for the required improvements conforming in all respects with the standards and ordinances of the city shall be prepared at the expense of the subdivider by a professional engineer registered by the state. In urban areas. final construction plans and specifications will be prepared bv the City Enaineer at the expense of the subdivider and shall follow the Developm nt Guidelines for Infrastructure Improvements. Such plans and specifications shall become a part of the l'leOOFiJlaFlee development contract. T':.'e (2) I'lriFlts ef sai€ll'll.ms aFl€l sl'leeifiGatieFls st.lall Be file€l ':litR tl:!e Clerlt. (Amended Ord. 10, 2- 15-1972) o 11-4-5: INSPECTIONS: All required improvements shall be inspected during the course of construction by the Engineer or their representative, and acceptance of said improvements by the city shall require the prior written certification by the Engineer that said improvements have been constructed in compliance with the plans and specifications. (Amended Ord. 10,2-15-1972) 11-4-6: PREEXISTING COMPLETED IMPROVEMENTS: Improvements which have been completed prior to application for final plat approval or execution of the performance contract shall be accepted as equivalent improvements, provided the Engineer shall certify in writing that said improvements conform to city standards. (Amended Ord. 10,2-15-1972) 11-4-7: COMPLETED IMPROVEMENTS DOCUMENTED: Upon completion of installation of all required improvements in arural development, the subdivider shall file with the GIeFk City Enaineer one mvlar drawina. one paper drawina. and one diQital copv of plans a rel'lF(;}€Iwei~le traeiFlS aFl€l tiNe (2) eel'lies ef I'llaFls and specifications showing all improvements as finally constructed and installed. If the completed improvements were constructed as an urban development. the City will prepare the final copies of plans and specifications as finallv constructed and installed at the cost of the owner or developer. (Amended Ord. 10,2-15-1972) o 42 o 11-4-8: STREET IMPROVEMENT STANDARDS: A. With Municipal Sanitary Sewer And/Or Water: 1. Grading: The full width of the right of way of each street shall be graded, including the sub-grade of the areas to be paved, in accordance with the standards and specifications which have been a€lepte€l BY reselwtieFl ef tl:!s City CewFleil. approved bv the City Council. 2. Paving: All streets shall be paved with concrete or bituminous surfacing in accordance with the standards and specifications that have been a€lel'lte€l BY reselwtieFl ef tl:!e approved bv the City Council. 3. Se€l€liFls4 Erosion Control: The portion oftRB street riSt.lt ef '/Jay BeyeFl€l tRe pave€l swFtaee the riQht-of-wav between the street and the property line shall receive a minimum of four inches (4") of approved topsoil and shall be sodded or a cash escrow provided prior to issuance of a certificate of occupancy by the city. +== 4. Curb And Gutter: Concrete curb and gutter shall be installed on both sides of the paved surface .of all streets~ exe@l'lt laRes. o 5. Private Driveways: All private driveways providing access to public rights-of-way shall be hard surfaced and, if serving two (2) adjoining lots abutting the public right-of-way, shall be of a width designated by the city. 6. Street Signs: A street signs ef a €IesiSFl plan will be desianed and approved by the city as per the Minnesota Manual on Uniform Traffic Control Devices. sRall Be iRstalle€l at eaeA street iRteFSeetieFl. 7. Screening: Screen planting shall be as required by tRB I'llattiFlS awtReRty City Code Title 12-14-5. 8. Street LiQhts: The subdivider shall be responsible for the J ~ installation of IiQhts as identified in the Development Aareemenl ~ B. Without Municipal Sanitary Sewer And/Or Water: 1. Grading: The full width of the right-of-way of each street shall be graded, including the sub-grade, in accordance with the standards and specifications which have been a€lel'lte€l BY reselwtieFl ef adopted bv the City Council. o 2. Rea€l Swooess: Teml'leriaY'j rea€! swFtaoos aFl€! €Iwst eeat sl:!all Be as SAeWFl iF} €lit>, staFl€laFds. 1 See also sections 9-1-5, 9-10-3 and 11-3-3N of this code. 43 o 2. Pavina: All str ets shall b paved with concrete or bituminous surfacina in accordanc with the standards and specifications that have b n approv d bv th City Council. . 3. S€l€l€liR~ Or ~€le€liRS Erosion Control1: TelilS€lil aFl€l se€l er see€liA~ e€lFlsistiFls ef The portion of the riaht-of-wav between the street and the property line shall receive a minimum of four inches (4") of approved topsoil and shall be sodded or seeded with the appropriate seed mixture and application rate.....aOO mulched. and the mulch =aA€J disc anchored as required in the city standards. 4. Driveways: Driveways shall be hard surfaced from the street to the property line. 5. Street Signs: A street signs plan ef a €I€lsiSFl iil'll'lre\'€l€l BY tt.l€l eity sl:!all Be iFlstalle€l at eaeR street iRterseGti€lR will be desianed and approved bv the City as per the Minnesota Manual on Uniform Traffic Control Devices. 6. Screening: Screen planting shall be as required by tREl platl:iFlS awtR@ril?j City Code Title 12-14-5. o 7, Street Uahts: The subdivider shall be reauired to install street liQhts as identified in the Development Aareemenl C. Reauired Intersection Improvements on City or County Roads: 1. The subdivider shall be reauired to pav a proportionate share of all costs associated with reauired intersection improvements alona County roads and City streets when new developments triQaers th need for uparades (i.e. riaht and left turn lanes. bvpass lanes. and deceleration lanes). The subdivider shall make the reauired improvements as a part of the street improvements for the new development as identified in the preliminary plat approval. The City Council mav elect to construct such improvements as an assessment proiect in which the subdivider shall accept an assessment for a proportionate share of the improvements a identified in the preliminary plat approval. ~ o D. Phased Construction Reauirements: To enable adiacent properties to develop in a timelv manner. the City shall have the riaht to reauire as a part of the final plat of the first phase the dedication of appropriate ~ easements and extension of utilities throuah future phases to such an ~ extent as to assure that the extension of utilities to adiacent properties will be completed with the first phase, 1 See also sections 9-1-5,9-10-3 and 11-3-3N of this code. 44 o 11-4-9: DRAINAGE FACILITIES: Storm sewers, culverts and water drainage facilities shall be required when, in the opinion of the Engineer, such facilities are necessary to ensure adequate drainage for the area. All such drainage facilities shall be constructed in accordance with staR€laFds aRe! sl'l8€;ifieatieFlS estaBlisl:!e€l BY tRe eity the City of Andover's Water Resource Manaaement Plan and I or the Coon Creek Watershed District or Lower Rum River Watershed Manaaement Oraanizations' plans. Drainage facilities shall be provided to convey surface water to publicly owned or controlled drainage facilities. (Amended Ord. 10, 2-15-1972) 11-4-10: SIJElSIJRFft.CE CONDITIONS GEOTECHNICAL REPORT: HIe sWB€livi€ler sRall €;awse tests te Be mae!e €If sWBswliaee €;eFl€litieFls te e!et@rmiFle t!;Je Flatwre aFle! e)<<eFlt ef s\;lBswFfa€;e seil, re€;k aFl€l '.vater. Tt.lele€;atieFl aR€I F€lswlts 9f sai€l tests sl:!afl Be ma€le availaBle te tAe €;ity. (AFReFl€le€l aFd. 1Q, 2 15 H~72) The subdivider shall submit a standard Qeotechnical report with a history and recommendations reaardina the sit In addition. the report shall include SCS soil types. mottled soil elevations or hiahest anticipated water table. existina aroundwater elevation. and soil borinQs to a minimum depth of 20 feel o 11-4-11 : WATER AND SEWER SYSTEMS: Where connection with the city water and sanitary sewer system is deemed feasible by the Council, the subdivider shall be required to install water and sanitary sewer mains and services in the subdivision in addition to permanent streets at the sole expense of the subdivider with exception to trunk Sanitary Sewer and Water Main improvements as identified in the City's Assessment Manual. The Trunk costs will be reviewed per the City's Development Guidelines for Infrastructure Improvements. (Amended Ord. 10,2-15-1972) += 11-4-12: SIDEWALKS AND PEDESTRIANWAYS: Where sidewalks and pedestrianways are required by the City Council and pursuant to Minnesota State Statute, they shall be hard surfaced in accordance with city standards. Grades shall be approved by the Engineer. Sidewalks shall be placed in the public right-of-way eRe feet (1 ') frem tt.le I'lrepeFty liFle aR€I sl:!all Be at least fi'/e feet (5') 1JJi€le in a location determined bv the City Enaineer and shall be a minimum of five feet (5') wide. ReQional Trail improvements are identified in the City's Transportation Plan, If a trail within a plat meets the definition and location of a reaional trail. then the City will fund such improvements. If an internal trail is reauired throuQh the plattina process and does not meet the definition and location of a reaional trail. then the improvements shall be at the sole expense of the subdivider. F o (Amended Ord. 10,2-15-1972) 11-4-13: PUBLIC AND REGULATED PRIVATE UTILITIES: 45 o o A. Underground Utilities: All telephone, cable television. electric and gas service lines shall be placed underground within dedicated public ways or recorded easements in such manner as not to conflict with other underground services and in accordance with city standards. All underground installation of service lines within street rights-of-way shall be completed as determined bv the City Enaineer priQr 18 street swR'a€iiFlS. lJl'lQFl eQml'lletiQFl Qf tRe iFlstallatiQFl ef wFl€lersrewFl€l serviee liFles iFl €Ie€lisate€ll'lwBlie ways, a traeiFlS aFl€l t\.\'Q (2) eQl'lies Qf plaFls aFl€l speeifieatiQRs sf::lewiFlS tt.le sQml'llete€l iFlstallatieFl st.lall Be file€l witl:! tRe Cler~. B. Utility Poles: All utility poles, except those providing street lighting, shall be placed in rear lot line easements. C. Easements: All underground utility service lines, including water, drainage and sanitary sewer systems, which traverse private property shall be installed within recorded easements. (Amended Ord. 10, 2- 15-1972) E. < D, Overhead Utilities: All existina overhead utilities within the plat shall be buried at the expense of the subdivider. Phased Construction Reauirements: To enable adiacent properties to develop in a timelv manner. the City shall have the riaht to reauir as a part of the final plat of the first phase the dedication of appropriate easements and extension of utilities throuah future phases to such an extent as to assure that the extension of utilities to adiacent properties will be completed with the first phase. 11-4-14: DEAD AND / OR DISEASED TREES: Dead and / or diseased trees shall be reauired to be treated and/or removed as per City Code Title 4-3 and as identified in the Development Aareement. 11-444 15: NONCONFORMING PROVISIONS: Nonconformance with the standards and ordinances of the city in the development of property by the subdivider or hislher agents shall be cause for the Engineer or the Administrator to order cessation of all construction within the subdivision. In such event, no further construction shall be allowed until written authorization is obtained from the city. (Amended Ord. 10,2-15-1972). . 11-4-16: OFFICIAL SURVEY MARKERS: Official survev markers or iron monuments shall be placed at the corner of each lot. The locations of each shall be shown on the final plat.Pil'les er steel rQ€ls sl:!all Be plaee€l at ea€il:! €ierFler ef easl:! let, aR€I tl:!e leeatieFl tl:!ereef sl:!all 8e sl:!e':fR. o 46 o Additional Changes To Be Made: o Title 13-1 Splitting Lots, Parcels or Tracts of Land 13-1-8: COMPLIANCE WITH PROVISIONS: A. The effect of this chapter shall not work to preclude compliance with utilities hookup, payment of levied and pending assessments, and performance of any other requirements of the ordinances of the city. B. The owner, or agent of owner, of any parcel shall not divide any lot or parcel for the purpose of sale, transfer, or lease with the intent of evading the provisions of this chapter. C. The owner, or agent of owner, of any parcel shall not sell or otherwise convey said parcel with the intent of evading the provisions of this chapter or circumventing attempts to plat acreage or otherwise subdivide tracts of land within the city. (Amended Ord: 40,8-16-1977) D. No subdivision of land is allowed in the area designated on the Comprehensive Plan as "rural reserve" unless storm sewer, sanitary sewer and a municipal water supply are constructed to serve the area being divided. The following exception is allowed: excluding minor parcels that will not allow for additional building units that will not impede future development of the rural reserve upon approval of the City Council. (Ord. 274,9-2-2003). E. All subdivision of land allowed by this section of City Code shall comply with all the standards and requirements of Title 11 (Subdivision ReQulations) of this Code. F. The application form and application requirements stated on the form for Lot Splits shall constitute the required submittal requirements. o 47 o o o @ CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule Workshops DATE: March 20, 2007 INTRODUCTION The Council is requested to schedule a Special Council Workshop for the month of April primarily for a Joint Meeting with the Planning and Zoning Commission and to receive a presentation of the proposed Anoka County Law Enforcement Center. The Council is also requested to reschedule the Public Works Workshop, previously schedule for March 1 st that was postponed due to weather. DISCUSSION Agenda items for an April workshop with the Planning & Zoning Commission have been identified as follows: 1. Presentation of the Anoka County Law Enforcement Center - Anoka County Sheriff . 2. Comprehensive Plan Update Discussion 3. Council/Commission Feedback Discussion Agenda items for the Public Works Workshop have been identified as follows: 1. Review of Multitask Equipment 2. Review of Public Works Maintenance Policies 3. Street Signing Discussion 4. Public Works Feedback Discussion ACTION REOUlRED Schedule Council Workshop with the Planning & Zoning Commission, a suggested date is Tuesday April 24th at 7:00 pm. Schedule Public Works Workshop, suggested dates starting at 6:00 pm are March 29th (Thursday) , April 12th (Thursday), April 19th (Thursday) or another date acceptable to the Council. o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 . FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: March 20, 2007 @ The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on Public Improvement Projects 4. Meeting Reminders 5. Legislative Activity Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 . FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Items for March 20, 2007 City Council Meeting DATE: March 20,2007 The City Council is requested to receive the following supplemental information. Discussion Items Item #7. Receive Anoka County Sheriffs Department Monthly Report (Supplemental) - Sheriff MAR.19.20072:58PM PATROL NO. 8552 P. 2 B. CITY OF ANDOVER - FEBRUARY 2007 C9 lITEM I FEBRUARY I JANUARY I YTD 2007 _] FEBRUARY I YTD 2006 Radio Calls 769 757 1,526 1.582 Incident Reports 775 844 1,619 1,403 Burglaries 3 9 12 16 Thefts 21 49 70 126 Crim.Sex Condo 0 2 2 4 . Assault 7 13 20 23 Dam to Prop. 22 32 54 75 Harr. Comm. 11 10 21 33 Felony Arrests 8 2 10 16 Gross Mis. 2 4 6 9 Misd. Arrests 20 48 68 88 DUI Arrests 14 13 27 22 Domestic Arr. 7 5 12 11 Warrant Arr. . 11 6 17 35 TrafficArr. 164 197 361 288 DID OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 12:37 03:34 00:22 01:02 23:49 00:50 00:23 20:42 02:10 00:49 21:58 01:53 01:14 02:19 6 MAR. 19. 2007 2: 59PM PATROL NO. 8552 P. 3 C. CITY OF ANDOVER - FEBRUARY 2007 COMMUNITY SERVICE OFFICER REPORT lITEM I FEBRUARY J JANUARY I YTD 2007 [ FEBRUARY I YTD 2006 Radio Calls 127 141 268 321 Incident Reports 82 67 149 200 Accident Assists 11 18 29 27 Vehicle Lock Out 32 36 68 73 Extra Patrol 165 167 332 507 House Checks 0 3 3 . 72 Bus. Checks 13 20 33 116 Animal Compl. 33 33 66 101 Traffic Assist 14 4 18 23 Aids: Agency 106 124 230 395 Aids: Public 88 41 129 267 --c- Paper Service 0 0 0 1 Inspections 0 0 0 0 Ordinance Viol. 0 0 0 1 7