HomeMy WebLinkAboutCC April 17, 2007
HrJWtJ
DATE April 17, 2007
ITEMS GIVEN TO THECITYCOliJNC.IL
~ March 2007 Monthly Building Report
~ Parkside at Andover Station 3rd Addition
~ Parkside at Andover Station 4th Addition
~ Smith Addition
~ Sketch Plan/Office DevelopmentlSW Comer Round Lk Blvd & 15th Ave NW
PLEASE ADDRESSTHESEIT~MScAT THIS:M,E~$INGORPUTTHEM:ON"
THE NEXT AGENDA.
THANK YOU.
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CITY OF ANDOVER
2007 Monthlv Buildinl! Report .
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TO: Mayor and City Council
FROM: Don Olson
MARCH
BUILDING PERMITS Permit/Plan Tax Total Valnation
17 Residential $ 38,694.17 $ 1,624.86 $ 40,319.03 $ 3,249,724.00
Single Family 8 24,538.16 1,017.86 25,556.02 2,035,724.00
Septic 1 3,210.49 135.00 3,345.49 270,000.00 I '
Townhome 8 10,945.52 472.00 11,417.52 944,000.00
- Additions - - - -
- Garages - - - -
8 Basement Finishes 800.00 4.00 804.00 . -
- Commercial Building - - - -
- Pole BldgsIBams - - - -
- Sheds - - - -
- Swimming Pools - - - -
- Chimney/Stove/Fireplace - - - -
3 Structural Changes 169.00 2.75 171.75 5,000.00
1 Porches 393.77 7.05 400.82 14,100.00
4 Decks 396.20 5.40 401.60 10,800.00
- Gazebos - , - - -
- Repair Fire Damage - - - -
16 Re-Roof 1,001.25 14.97 1,016.22 14,950.00
14 Siding 700.00 7.00 707.00 -
2 Other 3,979.31 140.81 4,120.12 281,630.00
2 Commercial Plumbing 782.92 14.00 796.92 28,000.00
5 Commercial Heating 2,280.38 44.16 2,324.54 88,325.00
2 Commercial Fire Sprinkler 52.50 1.60 54.10 3,050.00
- Commercial Utilities - - - ' -
- Commercial Grading - - - -
I -
74 Total Building Pennits $ 49,249.50 $ 1,866.60 $ 51,116.10 $ 3,695,579.00
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PERMITS .. Permit/Plan Tax Total Fees CoUected..
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ROUND LAKE BLVD,
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor & Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Supplemental Agenda Items for April17, 2007 City Council Meeting
DATE: April17,2007
The City Council is requested to receive the following supplemental information.
Discussion Items
Item #14. Receive Anoka County Sheriffs Department Monthly Report (Supplemental) - Sheriff
APR. 16.2007 3: 30PM
PATROL
NO. 9220 P. 2
@
B. CITY OF ANDOVER - MARCH 2007
ImM I MARCH I I ! MARCH I
FEBRUARY YTD 2007
YTD 2006
Radio Calls 869 769 2,395 2,370
Incident Reports 994 775 , 2,316 2,154
Burglaries 5 3 17 21
Thefts 39 21 109 187
Crim.Sex Condo . 2 0 4 6
Assault 2 7 22 35
Dam to Prop. 20 22 74 113
Harr. Co:rnm.. 15 11 36 48
Felony Arrests 6 8 16 24
Gross Mis. 11 2 17 14
Misd. Arrests 46 20 114 132
DUI Arrests 14 14 41 29
Domestic An. 11 7 23 18
Warrant AIr. 10 11 27 45
Traffic Arr. 166 164 527 401
DlJI OFFENSES:
DAY
OF Sunday Monday Tnesday Wednesday Thnrsday Friday Saturday
WEEK:
TIME: 0200 0118 0229 1102 0051 1606
2158 0159 2012
2303 0301 0120
0155
, 0158
APR, 16, 2007 3:31PM
PAT RO L
NO, 9220 P. 3
C. CITY OF ANDOVER - MARCH 2007
COMMUNITY SERVICE OFFICER REPORT
[ITEM I MARCH I FEBRUARY j YTD 2007 I MARCH I
YI'D 2006
Radio Calls 156 127 424 470
Incident Reports 94 82 243 306
Accident Assists 11 11 40 39
Vehicle Lock Out 23 32 91 112
Extra Patrol 162 165 494 824
House Checks 0 0 3 101
Bus. Checks 10 13 43 154
Animal Compl. 48 33 114 151
Traffic Assist 8 14 26 39
Aids: Agency 159 106 389 622
Aids: Public 89 88 218 374
Paper Service 0 0 0 1
Inspections 0 0 0 0
Ordinance Viol. 1 0 1 1
o
o
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANOOVER.MN,US
Regular eity eounci1 Meeting - Tuesday, April17, 2007
eall to Order - 7 :00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (3/27/07 Workshop; 4/3/07 Regular Meeting; 4/11/07 Board of Review)
o
Consent Items
2. Approve Payment of elaims - Finance
3. Approve Plans & Specs/Order Advertisement for Bids/05-61 (erosstown Blvd. NW & Nightingale St. NW)
& 06-50 (erosstown Blvd. NW Trail) - Engineering
4. Approve Access AgreementIForest Meadows Park/Rocket Turf - Engineering
5. Award Bidl06-37/161 st Avenue NW & erane Street NW/Intersection Improvements - Engineering
6. Award Bidl07-3/2007 erack Sealing - Engineering
7. Approve Home Occupation eode Enforcement Policy - Community Development
8. Approve Final P1atlParkside at Andover Station 3rd Addition - Planning
9. Approve Final PlatlParkside at Andover Station 4th Addition - Planning
10. Approve Final Plat/Smith Addition - Planning
11.
12. Approve 2007 Tobacco License/Andover Quick Stop - Clerk
13. Approve On-Sale 3.2% Malt Liquor License/Wood1and ereek Golfeourse - Clerk
Discussion Items
14. Receive Anoka eounty Sheriff's Department Monthly Report - Sheriff
15. Public Hearing/eode Amendment Regulating Bee-Keeping - Planning
16. eonsider Lot Split & Redevelopment PUD/13423 erooked Lake Boulevard - Planning
17. eonsider Sketch Plan/Office Development/SW eorner Round Lake Blvd. & 15ih Avenue NW - Planning
Staff Items
18. Schedule EDA Meeting - Administration
19. Schedule May Workshop - Administration
20. Administrator's Report - Administration
Mayor/Council Input
Adjournment
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(j)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CLANDOVER.MN,US
CC:
TO: Mayor and City Council
FROM: Vicki Volk, City Clerk
SUBJECT: Approval of Minutes
DATE: April 17, 2007
INTRODUCTION
The following minutes were provided by TimeSaver Secretarial Service for approval by
the City Council:
March 27,2007
Workshop (Knight absent)
Apri13,2007
Regular Meeting
Apri111, 2007
Board of Review
DISCUSSION
Attached are copies of the minutes for your review.
ACTION REOUIRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
Vicki V olk
City Clerk
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ANDOVER CITY COUNCIL WORKSHOP -MARCH 27, 2007
MINUTES
The Workshop of the Andover City Council was called to order by Mayor Mike Gamache, March 27,
2006, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Councilmembers present:
Councilmember absent:
Also present:
Don Jacobson, Ken Ortte1, and Julie Trude
Mike Knight.
City Administrator Jim Dickinson; City Engineer Dave Berkowitz;
Fire Chief Dan Winkel; Director of Community Development Will
Neumeister; Others
RAILROAD QUIET ZONElWAYSIDE HORNS UPDATE /06-10
City Engineer Berkowitz updated the Council on the Railroad Quiet Zone/Wayside Horns. He noted
the BNSF has evaluated the crossings at Andover Boulevard and Crosstown Boulevard found the
circuitry needs to be redone in order to make the wayside horns run appropriately. Originally BNS
had identified $5,000-$15,000, but with the new BNSF estimate the total cost estimate has doubled
for each crossing.
Mayor Gamache asked if the siding track at Crosstown did not cross the road, why did they need the
cross arms there. City Engineer Berkowitz noted the siding track has a motion sensor and the
railroad wants an adjustment in both the arm and the horn.
Councilmember Julie Trude arrived at 7:06 p.m.
Councilmember Jacobson asked what was the total estimated cost is now. Mr. Berkowitz responded
for all three projects it is $585,000.00.
Councilmember Jacobson noted they would not have enough to do everything this year. Mr.
Dickinson stated all of the circuitry may need to be done at one time. They could look in other
locations for money, but at this point they have not done that. He asked how quickly the Council
wants to proceed.
Councilmember Jacobson stated due to the cost, maybe they should just put one horn in at this time
and see what everyone thought of it before putting in the remaining horns. Mr. Berkowitz noted the
challenge is if they did it at Andover and Crosstown, it is in the middle.
Councilmember Trude believes doing Bunker would be a good start because they are the ones who
cornp1ained the most.
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Councilmember Jacobson asked if they could do Bunker Lake Boulevard and Andover Boulevard
this year. Mayor Gamache believes Bunker and Andover make the most sense.
Mr. Berkowitz stated to do Bunker and Andover would cost approximately $420,000 - $430,000, but
he had to check on the motion sensor on that intersection also, which might need to be changed.
Councilmember Jacobson stated this is a financial decision and if they do not have the money, they
do not have the money.
Mr. Berkowitz stated if they got a bid on two horns, he believes they would get a cost savings.
Councilmember Jacobson indicated if they could get Bunker and Andover done within budget then
that would be fme. Mayor Gamache noted with the $330,000.00, they would only be able to do two.
Mr. Dickinson would prefer to do one agreement with BNSF and be at the table with them once
because it is not easy working with them.
Mayor Gamache asked if they would have to have agreements with them on all three. Mr. Berkowitz
stated they would.
Councilmember Trude asked if it made financial sense to do this project all at once.
Councilmember Jacobson stated he wants to go with the first two and have thern come backto do the
circuitry. Mr. Berkowitz stated they would talk to BNSF about this and see what makes the most
sense.
Mayor Gamache asked them to look at doing the horns this year and the circuitry next year.
eouncilmember Ortte1 stated he wants to see something working this year.
DISCUSS PASSENGER RAIL - RESOLUTION OF SUPPORT
Mr. Dickinson stated representing the Anoka County Regional Rail Authority, the Tinklenberg
Group, has been charged with developing a grassroots effort to plan for and implement commuter
and inter-city rail services between the Twin Cities and Duluth. 1bis work involves engaging
communities, counties and the general public along the Cambridge Corridor to generate support for
the initiative as well as to recognize and capitalize on the opportunities rail service can provide for
economic development and enhanced quality oflife. He noted the Tinklenberg Group is present to
answer questions and to determine if there is support for a resolution of support.
Mr. Elwyn Tinklenberg stated he wished he could have more detailed answers to the Council's
questions, but at this time he could not. They have not initiated the feasibility study yet and
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discussions are still in the preliminary stages. He indicated once the feasibility study is prepared that
would address a lot of the issues.
Councilmember Trude stated they worried about putting a half a million dollars into no whistle zones
and have the railroad say they would need to move, rip up, or replace the track. Mr. Tinklenberg
noted nobody is talking about doing this, but they might make an upgrade to the railroad bed and
improvements to the existing track. The train speeds would be dependent upon the corridor on ,
which they are traveling. There would need to be rail-crossing improvements studied all the way
along the corridor.
Councilmember Jacobson asked how they would determine where the stations would be. He noted
they have a spot in the City for a station. Mr. Tinklenberg responded he would not be picking the
station locations and this would be developed by the political jurisdictions along the corridor along
with the ridership analysis. What is proposed in this corridor is that it begins with passenger rail
service between the Twin Ports (Duluth) and Minneapolis with very few stops in between Duluth
and Minneapolis. Tills would also continue to operate as a freight line. He indicated what was also
being considered is that later on (years down the road) that it would be a fairly simple process of
expanding or adding to that passenger service a commuter service over some portion of the line. He
did not know if it would be Hinckley, Cambridge, etc. and it might change over the years also. He
believes it would take longer to develop a commuter service than four or five years.
Councilmember Trude stated she has not spoken with anybody who thinks commuter rail is a good
expenditure for public funds. She stated nobody understood why there should be a commuter rail to
Duluth when Duluth is only 90 minutes away.
Mr. Tinklenberg noted this is a fairly inexpensive service to initiate and he believes it would be cost
effective. He indicated when the commuter rail was stopped in 1985 before all of the amenities
existed in the north Minnesota area, it still carried over 100,000 riders in the last year of operation.
He stated this is the plan for the future of Amtrak services.
Councilmember Jacobson asked what type of financial contribution they would be asking of the City.
Mr. Tinklenberg stated they would be asking cities that are potential station stops for the passenger
rail (such as Hinckley and Cambridge) to contribute. The original commuter rail system plan
identified stations along this corridor, which did show an Andover station in that plan.
Mr. Dickinson indicated generally the [mancial arm is focused on the County Regional Rail
Authority.
Councilmember Trude stated she would rather tie the wording into a possible future Andover station.
Mayor Gamache stated it did not cost anything to support this because it would still go through and
changing it will be remembered and the City might not get the potential rail station.
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Councilmember Jacobson stated he could support looking at this, but when the study is done, they
need to look at this again. He has no problem supporting the initial activity, but he did not want to
support the entire thing at this time.
Councilmember Trude stated from everything she has heard, this is not supported in the community,
but it might be more supported if there was a potential for an Andover station in the future.
Councilmember Jacobson asked if Mr. Tinklenberg is in agreement that the City would support
contingent research and look at this again once the study is cornp1eted. Mr. Tinklenberg responded
the effort would benefit from anything the City would like to contribute to the discussion and what is
going to happen is that they are moving forward with a feasibility study to look at these issues and
they would be coming back in front of the Council as things move along. He indicated they would
do a train ride this summer and they want the City represented in that also.
Councilmember Trude noted the more information the City has the better it is for them to get support
from the residents.
Mr. Dickinson suggested Resolution wording: Now, Therefore, Be it Resolved that the City of
Andover hereby supports the continued research of passenger rail service between Duluth and the
Twin Cities and in anticipation that the developrnent rnay lead to future commuter rail service which
could benefit Andover.
REVIEW SUNSHINE PARK CONCESSION PROPOSALS
City Administrator Dickinson stated the Sunshine Park concession contract with C & H Enterprises
expired October 31, 2006. City staff conducted a final inspection in late November and the deposit
was returned to C & H Enterprises. On January 2,2007 the City Council authorized staff to do a
request for proposals (RFP) for the concessions at Sunshine Park.
The expired contract with C & H Enterprises was for three years (2004, 2005, and 2006). Staff
recommended the City do a Request for Proposals (RFP) for the concessions at Sunshine Park and
evaluate proposals before entering into another longer term contract.
He requested the Council review the proposals and provide direction to staff on how to proceed. He
had no staff recommendation on any of the proposals.
Councilmember Trude asked when it comes to food costs, wouldn't it make sense to have someone
go year round.
Mr. Dickinson noted the equipment needed for Sunshine Park would be moved in the off-season to
the community center. He stated any of organizations would likely have to purchase equipment and
to have anything less than a 3-year commitment would probably not interest these bidders.
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Mayor Gamache stated the only issue he had with the athletic associations is that they are based on
volunteers. C&S Concessions have done a good job previously. With respect to the Community
Center, they did a good job.
eouncilmember Jacobson stated they need to look at where the City gets the best return on its
investment and if the Community Center is the best return, they need to look at this.
Councilmember Trude stated reliability is important, but she stated they also need to have good
sanitation and this concerns her with youth working at the concessions.
Mr. Dickinson stated they already have a contract drafted and once the decision is made, it would not
take long to get it in place.
Councilmember Jacobson stated the Community Center bid looks like it would put more money back
into the park and if they give it to either one of the associations they would more than likely use all
of the money for their particular association. With the Community Center proposal the
improvements would be for everyone.
Mr. Dickinson stated if the consensus were to do this in-house, they would start notifying the other
, organizations.
eouncilmember Jacobson stated he would prefer going with the eommunity Center. Mr. Dickinson
stated the one positive with going with the Community Center is the money they spend is for
equipment they eventually want for the Community Center anyway.
It was Council's consensus to go with the Andover Community Center.
DISCUSS OPEN SPACE REFERENDUM & COMMISSION CREATION
Mr. Dickinson stated on November 7, 2006 the Andover voters approved the "Preservation of Water,
Wildlife, and Natural Habitat Areas" ballot question. With this approval the City Council has the
ability to levy taxes to meet what was identified in the approved ballot question.
To assist in making the next steps, he anticipated that the City will want to utilize a number of
resources along the way such as the Trust for Public Land, DNR and the Anoka County Soil and
Water Conservation District to prepare for the purchase of preservation process. It is also anticipated
the Council will want to start the process of advertising for and ultimately interviewing individuals to
serve on a City of Andover established commission to assist the Council. With Council concurrence,
an advertisement seeking "Open Space Commission" applicants will be placed in the next
newsletter. Interviews would be scheduled in early June and the Commission would be in full
operation by July. Council concurrence on how many members the Council wants to make up the
Commission is also sought.
Councilmember Trude stated she would prefer having volunteer outside consultants.
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The Council consensus was to advertise for 7 people for the Commission.
DISCUSS FIRE RELIEF ASSOCIATION BOARD MEMBER APPOINTMENT
Mr. Dickinson stated at the March 6 City Council meeting the Council approved by-law changes for
the Andover Fire Relief Association. One of those changes was the addition of the appointment of a
City Councilmember to the relief association board.
The Council directed staff at the March 6 meeting to place the appointment of a City Councilmember
to the Andover Fire Relief Association on a future workshop as an agenda item.
He requested Council discuss which member of the Council will serve on the Andover Fire Relief
Association Board.
Councilmember Jacobson stated he would volunteer for one year.
Motion by Ortte1, seconded by Gamache to appoint Councilmember Jacobson to the Fire Relief
Association Board for a period of one year. Motion carried unanimously.
WI-FI PROGRESS UPDATE
Mr. Dickinson stated a previous 2005-2006 Council Goal was to explore wireless internet services
for City of Andover residents. Survey questions were crafted for insertion into the Decision
Resources community survey conducted last spring and just recently the Council has asked staff to
review the feasibility of Wi-Fi implementation in the City of Andover. He updated Council on
staff's conclusions. He asked if Council is willing to seek outside assistance for the project. If so,
staff would present proposals to the Council at a future meeting along with a recommendation on
where the budget dollars would come from.
Councilmember Jacobson stated what concerns him is that most of the City has access to high speed
internet and if they invest a lot of money into this and they only have 2,000 subscribers, it would not
pay for itself.
Mayor Gamache asked if Qwest/Comcast would give the City the number of their City subscribers.
Mr. Dickinson stated he believes they would need 3,000 subscribers in order for this to pay for itself
at approximately $28.00 per month.
Councilmember Jacobson noted Wi-Fi is the "hot" thing now, but there is more technology coming,
which would make Wi-Fi obsolete.
Councilmember Trude stated she did not believe this is a municipal utility at this time.
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Mayor Gamache stated the cost seems pretty high and for the most part people like what they have.
2008-2012 CAPITAL IMPROVEMENT PLAN GUIDELINES
Mr. Dickinson stated in early April, AdministrationlFinance will conduct a 2008-2012 CIP kick-
off meeting with Department Heads where discussion will center on the 2008-2012 CIP
development calendars and the need of other committees and commissions to star1 their work.
He requested Council provide direction to staff on Council priorities for the 2008-2012 CIP.
Mr. Dickinson stated one item not on the list is exploring a new phone system. He indicated this
would be an expensive proposition.
Councilmember Trude stated she wants them to look at additional trails by using the levy. She
did not want to stop the trails.
Mr. Dickinson stated the City sign outside of City Hall needs to be replaced. He asked if they
want to replace this. It would cost approximately $20,000.00. Council's consensus was to leave
the sign as it is for now.
2008 OPERATING BUDGET GUIDELINES DISCUSSION
Mr. Dickinson stated City Departments will soon star1 preparing the 2008 Annual Operating
Budget Development process and is looking to the City Council to establish the Council's
guidelines for the preparation of the 2008 Annual Operating Budget.
Council is requested to review the proposed Budget Development guidelines, discuss whether or
not they are appropriate for developing the 2008 Annual Operating Budget, and provide
additional comments or direction to staff.
Councilmember Jacobson stated he likes the idea that they are one of the lowest taxing
authorities in the area and they are trying to keep it to the rate of inflation.
Mayor Gamache recessed the meeting at 8:48 p.m. and reconvened the meeting at 8:58 p.m.
CODE ENFORCEMENT POLICIES
Mr. Neumeister stated at the Council workshop on February 27, 2007 there was discussion about
repeat code violations and what could be done to prevent these in the future. There were a few
other items that were brought up by the Council that night that staff needed to do further research
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on. Since that meeting, a few other issues have surfaced that need further discussion, which he
reviewed at the work session.
He requested Council provide staff direction on the policies they would like to move forward
with.
Mr. Neumeister stated staffhas been working on the completion of one-year exterior home
improvements, but the issue is that the homes have been turned over to the banks and are now in
foreclosure. How they deal with the foreclosure cases was an entirely different issue.
Mr. Dickinson stated at the end of the year when they have mowing assessments those
assessments are basically for the foreclosed properties.
Councilmember Jacobson asked if somebody has a financial responsibility for the home. Mr.
Dickinson responded after the redemption period, the bank has the obligation to take the home,
but asked how they would force the bank to do this.
Mr. Dickinson stated they could start an abatement process on the foreclosure properties to get
the mortgage company to come to the table.
Councilmember Jacobson asked how expensive it is to go through the abatement process. Mr.
Neumeister responded it could run between $4,000-$8,000.
Councilmember Ortte1 recommended they bring these properties to the bank's attention in an
attempt to avoid the abatement process.
Mr. Neumeister stated staff would write letter to the bank/mortgage company attaching pictures
so they knew what the condition of the property was. He stated rather than going to abatement
right away, staff might need to go through a little bit more effort to get in touch with the
bank/mortgage company.
Mr. Neumeister noted as long as someone shows progress it could take someone as long as they
want for the interior work, but the exterior has to be completed within one year.
Councilmember Jacobson asked staff to look at uncompleted homes at 133rd and Hanson.
Mr. Neumeister summarized the establishing of escalating fines for repeat code violators.
Councilmember Jacobson recommended they shorten up the time in order for the violators to
respond.
Councilmember Trude stated she receives a lot of calls on code violations and she does not
believe she should be receiving these calls. They need better customer service.
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Councilmember Jacobson stated 90 percent of the people comply and he wants them to follow
through with the other 10 percent who did not comply. They should come up with a method for
going after the constant violators.
Councilmember Ortte1 recommended they have the CSO' s deliver the letters.
Mr. Neumeister stated they could also have a 30 and 60-day follow-up inspection, so it would be
an ongoing case instead of a new case each time. Council agreed this is a good idea.
Mr. Neumeister stated they had done a survey of other cities' lower standards for grass height.
Councilmember Trude stated she wants the grass height at six inches.
Councilmember Orttel noted he has a lot of area he could not cut because there are protected
plants and his grass gets pretty high in places.
Mr. Neumeister noted there were more grass length complaints than any other complaints
received. Fire Chief Winkel noted if they lowered it too low, they would have boulevard issues.
Councilmember Trude stated it is the finished lawn they are concerned about. Mr. Neumeister
agreed it is the urban lots they should be addressing.
Mr. Dickinson recommended 8-inch lawn height, or if it had gone to seed on urban lots only.
Councilmember Jacobson stated if staff is out doing sornething else and sees an obvious code
violation, staff needs to be rnore proactive in enforcing the code.
Mr. Neumeister summarized the home-based businesses in the City.
Councilmember Jacobson recommended staff send new home businesses a copy of the
Ordinance and have the home business send back a form stating they did or did not comply with
the home-based business code.
Fire Chief Winkel stated part of the issue is that if they were in commercial zones, they would be
inspected on a regular basis.
Councilmember Trude stated she has received cornp1aints regarding home businesses that have
excessive traffic or equipment.
Councilmember Jacobson stated they have criteria as to what uses are acceptable and not
acceptable in a residential area. They have to preserve the neighborhoods.
Mr. Neumeister asked how proactive the staff should be. Councilmember Jacobson stated if the
business receives a personal letter from the City, that should solve some of the issues.
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Councilmember Trude stated they should also put this in the newsletter to inform everyone about
the home-based business ordinance.
Mayor Gamache asked what happens if a business certified they were allowed.
Mr. Dickinson stated he did not know if they want to use code enforcement staff time on some of
the enforcement and they might need to use the Sheriff's Department for some of these issues.
Councilmember Ortte1 recommended they advertise this in the spring clean up information.
Mr. Dickinson stated the issue he is more concerned about is the unknown they are going to run
into when they start flushing these things out and he was not quite sure what would happen.
Councilmember Orttel stated they need to look closely at other cities.
OTHER BUSINESS ITEMS
A. Outdoor Swimming Pool Fencing.
Councilmember Trude presented a picture of an outdoor swimming pool that is not fenced. She
believes the pool is a hazard. She noted there is usually a ladder on the pool at all times. Mr.
Dickinson noted the pool meets the code.
B. Wetland Intrusion.
Councilmember Trude stated at a future workshop she wants to discuss wetland intrusion.
Motion by Ortte1, Seconded by Jacobson to adjourn to the City Council Workshop. Motion carried
unanimously. The meeting adjourned at 9:51 p.m.
Respectfully submitted,
Kathy Altman, Recording Secretary
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REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -APRIL 3,2007
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. 1
AGENDA APPROV AL............................................................................................................. 2
APPROVAL OF MIN1JTES...................................................................................................... 2
CONSENT ITEMS
Approve Payment of Claims ................................................................................................2
Resolution R039-07 awarding Bid/07-2/2007 Overlays...................................................... 2
Resolution R040-07 approving Change Order #2/02-33/ Andover Station North ............... 2
Resolution R041-07 approving Reso1ution/MSA Revocating & Designating MSA Streets 2
Resolution R042-07 considering No Parking Resolution/Andover Station North Ball
Field Faci1ity/139th Lane NW/05-15 ............................................................................... 2
Approve Concessions Proposal/Sunshine Park ................................................................... 2
Resolution R043-07 approving Resolution of Support/Passenger Rail Service.................. 2
Approve 2008 Budget Guidelines........................................................................................ 2
Approve Fire Relief Association Board Member Appointment ..........................................2
APPROVE EXTENSION OF LIQUOR LICENSEIPOV'S SPORTS BAR ANNUAL
CONCERT
Motion to approve.. ........ ............ .................. ................................ ........... .............................. 2
AWARD BID/07-8/ANDOVER STATION NORTH BALL FIELD LIGHTING
Motion to Approve (R044-07)..............................................................................................6
CONSIDER CONDITIONAL USE PERMIT/FARM WINERY/3482 165TH LANE NW
Motion to approve (R045-07) ......................... ........................... .............................. ............. 6
eONSIDER PRELIMINARY PLAT/SMITH ADDITION/17919 TULIP STREET NW
Motion to approve (R046-07) ............................................................................................... 8
CONSIDER CITY CODE AMENDMENT/DELETING CODE SECTION 12-+ 14-6A.5
CONTINUED
Motion to table ................. ....... ....................... .................................. ..................................... 10
DISCUSS/APPROVE NAMING TRAIL SEGMENT
Motion to approve ............... ............... ...................................... .............. ... ....... ..................... 10
APPROVE ZONING CODE ENFORCEMENT POLICIES
Motion to adopt.......................... ......................................................... ....................,............. 10
RAILROAD QUIET ZONEIWAYSIDE HORNS DISCUSSION/06-1O..................................12
SCHEDULE EDA MEETING.. ..................... ................................... ............ ......... .................... 12
ADMINISTRATOR REPORT .................................................................................................. 12
MAYOR/COUNCIL INPUT ..................................................................................................... 13
ADJOURNMENT...................................................................................................................... 13
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REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 3, 2007
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, April 3, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilrnernbers present:
Councilrnember absent:
Also present:
Don Jacobson, Mike Knight, Ken Ortte1, Julie Trude
None
City Attorney, Scott Baumgartner
City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
Mr. Victor Razinski - 13864 Bluebird Street, discussed the 2007 Overlay Projects. He stated the
appparent low bidder of the project was Knife River or formerly known as Bauerly Brothers, Inc. As
a resident and representative of over seventy members of the community, they do not want their tax
dollars to be spent on a contractor from out of the area who does not pay area standards and wages
and benefits and in his opinion, they do substandard work at best. He understands the City has to
take the lowest, responsible bidder but he did not believe Knife River Corporation is one of those.
He believes this problem would not come up in the City in the future if the City would adopt
prevailing wage language on all City projects that are let out for bid.
Mr. Dickinson stated internally they have discussed this and on some of their projects they have bid
with prevailing wage, such as the Community Center and Jay Street project. It is a topic they can
bring up over the summer as they work on next year's projects but he recommended the Council to
move forward with this to stay on schedule and get their projects done. Mayor Gamache noted the
Council will have some discussions this summer regarding this as they prepare for the next bidding
season.
Councilrnember Trude stated in this case, if they did not accept the bid they would have to go back
and rebid the project and it would delay the project and possibly have higher costs. Councilrnernber
Jacobson stated there would be a disadvantage because everyone knows what everyone has bid and
that would put everyone at an economic disadvantage. Councilrnember Trude thought this would
actually cost the taxpayers more money because on this project they are assessing out twenty-five
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percent with the rest being borne by the general fund and this was an issue they did not look at
before.
AGENDA APPROVAL
Remove from Consent Items for discussion Items 7, (Approve Extension of Liquor LicenseIPov's
Sports Bar Annual Concert); and Item 9, (Approve Zoning Code Enforcement Policies).
Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion
carried Ullallimous1y.
APPROVAL OF MINUTES
March 20, 2007, Regular Meeting: Correct as written.
Motion by Knight, Seconded by Trude, approval of Minutes as indicated above. Motion carried 4
ayes, 1 present (Jacobson).
CONSENT ITEMS
Item 2
Item 3
Item 4
Itern 5
Approval of Claims
Award Bid/07-2/2007 Overlays (See Resolution R039-07)
Approve Change Order #2/02-33/Andover Station North (See Resolution R040-07)
Approve Reso1ution/MSA Revocating & Designating MSA Streets (See Resolution
R041-07)
Consider No Parking Resolution/Andover Station North Ball Field Faci1ity/139th
Lane NW /05-15 (See Resolution R042-07)
Approve Concessions Proposal/Sunshine Park
Approve Resolution ofSupport/Passenger Rail Service (See Resolution R04307)
Approve 2008 Budget Guidelines
Approve Fire Relief Association Board Member Appointment
Item 6
Item 8
Item 10
Item 11
Item 12
Motion by Ortte1, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
Ullallimously.
APPROVE EXTENSION OF LIQUOR LICENSE/POV'S SPORTS BAR ANNUAL CONCERT
Brad Povlitzki, owner of Po v's Sports Bar, has requested an extension of his liquor license for an
outdoor concert to be held on Friday, July 13 and Saturday, July 14,2007. He has requested an
extension of his liquor license to include their enclosed softball fields.
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Councilmember Jacobson stated he asked for this to be pulled because last year there were several
complaints about the noise from the band and they did caution last year about this. He stated there is
a 10:00 p.m. noise ordinance in the City and he understands that last year the band went on until
around midnight. He wanted to point out that they should be consistent. If they have an ordinance
that indicates 10:00 p.m., everybody should shut down at 10:00p.m.
Mayor Gamache stated if they are going to do that the City will have to abide by that for Fun Fest.
Councilmember Jacobson stated that is correct. Councilmember Trude thought there was a
difference when there are complaints for one venue and not another and since she has been on the
Council, they have not had any complaints about noise from the Fun Fest. Councilmember Jacobson
stated that is not his point. If they have an ordinance that says 10:00 p.m., that applies to the City as
well as anyone else in the City and he did not think they could or should violate their own noise
ordinance and they should not allow anyone else to do it. If the time is not correct in their ordinance,
they should work on changing it to put in a reasonable time.
Councilmember Trude thought there was some conflict with block parties. In the past people
have pulled permits for block parties and they get the barricades and for some reason the
Sheriff's Department does not enforce the Code until a later time and she never really understood
why they disregard it but it seems like someone found a little escape clause. City Attorney
Baurngartrier indicated he has not found it. Councilmember Trude wondered if there is
something in the code on outdoor parties.
Councilmember Jacobson stated in ehapter six of their Noise Control Ordinance under 5.6.2,
item f, if talks about the hours after 10:00 p.m. and before 7:00 a.m. if the noise can be heard at
the property line. He stated he was pointing out that they have a 10:00 p.m. limit and he did not
think they could disregard what the ordinance, says and if it is not right, they need to change it.
Councilmember Ortte1 stated the prob1ern is the Noise Ordinance talks about so many decibels at
the property line and he did not think they were ever close to exceeding that. Councilmember
Jacobson indicated the Noise Ordinance; item f did not mention anything about decibels.
Councilmember Knight stated if the Council pre-authorizes an exception, which is not ignoring
the Ordinance, it is adjusting it at the moment. Councilmember Jacobson indicated there is not
any variance in the request. Councilmember Ortte1 noted every City does this and Andover has
done it years for the Fun Fest.
Councilmember Ortte1 stated ifhe did not have any support to enforce the ordinance, then they
can go ahead and grant him the permission.
Mr. Povlitzki stated for the last ten years, the cut off time has always been midnight. He stated
around five years ago, the City had the Sheriff's Department go out to his fields to see if he was
breaking the noise ordinance, which he was not but at that time he was told the cut off was 10:00
p.m. on weeknights and midnight on weekends but he has always done it until midnight and so
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has every other city. He stated he did not maliciously ignore the City rules by going until
midnight. He understood midnight was the cut off. Mayor Gamache thought that was always the
agreement. Councilmember Trude thought the complaints came to them after 11 :00 p.m.
Councilmember Jacobson stated what they have before them is the liquor permit for the field.
No matter what they do, vote it up or down, the 10:00 p.m. time limit is still a separate issue.
Councilmember Trude stated there was some understanding last year by the Sheriff's Department
that because they allowed the outdoor liquor sales that they had to assume the noise was going to
happen too.
Mayor Gamache asked if the Sheriff's Department stopped by that night. Mr. Povlitzki stated
every year they do. They stopped by one time because someone complained about the noise. He
stated every year he has something that Ms. V olk types up indicating the City Council approved
the outdoor concert and he brings it to the Sheriff's Department so they can let the officer on duty
that night know that it is taking place. He stated he does everything in accordance with State
Law.
Mayor Gamache asked which field Mr. Pov1itzki sets the band up in. Mr. Povlitzki stated he sets
them up in the west field and the speakers face towards Bunker Lake Boulevard and his building
but he thought the sound will bounce off the building. Mayor Gamache thought the way it was
set up was the best they could have.
Councilmember Trude stated they also have a new neighborhood adjacent to this and she thought
they would have a more complaints if they have an outdoor concert until midnight that is as loud
as the one last year. She thinks the problem was the equipment that was being used. Mayor
Gamache thought the complaints were coming from people further away than from adjacent
properties.
Councilmember Jacobson stated in the Noise Ordinance 5.6.3b, it says other permitted activities,
"Equipment use in connection with special events or activities which are authorized or permitted
or approved by the City." Councilmember Trude stated that is the loophole that was used.
Councilmember Jacobson stated on the next page it says "Nighttime limits in a residential area,
fifty-five to fifty decibels". They can still play but have to be careful with the sound level.
Mr. Povlitzki stated he did not know what fifty decibels was. Councilmernber Jacobson stated
that is why they have meters and that is at the property line. Mr. Pov1itzki stated what he was
using out there was no different than the speakers, monitors and amplifiers they are using at the
City concert and using in any other city. Councilmember Trude noted this was not a city concert,
it is a private event, and he is charging people and selling alcohol. This is a private business
venture and the City has nothing to do with it. He cannot really say it is like the Fun Fest. Mr.
Povlitzki indicated the Fun Fest is an outdoor concert, his is an outdoor concert and whether it is
private or not, he is a business in this community that pays taxes. He stated to keep this at fifty
decibels, he did not know what that would be but he will be more than happy to keep it at a lower
volume.
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Councilmember Knight asked what would happen if the Sheriff came out and the meter is over
fifty decibels. Councilmember Trude stated they could probably issue a citation. City Attorney
Baumgartner stated it would be a misdemeanor under the ordinance and they could also be shut
down.
Councilmember Jacobson stated the neighborhood is growing and people are moving in and if
the concert is run loud until midnight they will have a problem and it may not be allowed next
year.
Mayor Gamache stated Mr. Pov1itzki is in a commercial district so there is no change between
the daytime and nighttime application. Councilmember Jacobson stated if the sound is being
observed in the residential district, it is the sound level that has to be in the residential district.
Councilmember Trude asked if they use the sentence "as permitted or approved", what if they
authorize the outdoor liquor sales and the quiet time extended unti111 :00 p.m. City Attorney
Baumgartner stated they would have to be cautioned that they would have to keep that open to
anyone else who would come in and apply for a similar type of permit or license. He thinks it is
important to keep it consistent. Councilmember Ortte1 did not think they had anymore than three
or four cornplaints total over the years and he did not see that is an issue.
Mayor Gamache stated the difference between this and block parties is that block parties are
already in residential districts where Pov's is in a commercial district.
Councilmember Trude indicated she is not going to support this. She wondered if they were
supporting outdoor concerts or not. Councilmember Orttel stated they are endorsing liquor sales
after 10:00 p.m. Councilmember Trude thought they needed some education of their Sheriff's
Officers on this point. Councilmember Jacobson stated Mr. Dickinson can give thern a letter and
a copy of this discussion so they are aware of it that night.
Councilmember Trude stated she would support this if they were not lifting the Noise Ordinance.
Councilmember Knight stated Mr. Pov1itzki is not asking for a change to the Noise Ordinance,
he is only asking for a liquor permit.
Mayor Gamache would like the Sheriff's Department to do a test that night to see once it reaches
the residential district, what the decibe11evel is. That way they could see if they have an issue.
Motion by Ortte1, Seconded by Knight, to have the City authorize an extension to the liquor
license for Pov's Sports Bar for July 13 and July 14, 2007 to allow the sale of liquor outdoors
until12:00 p.m. Motion carried unanimously.
Councilmember Trude indicated this has no relationship with the Noise Ordinance.
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AWARD BID/07-8/ANDOVER STATION NORTH BALL FIELD LIGHTING
Motion by Jacobson, Seconded by Knight, to approve the resolution accepting bids and awarding the
contract to Starry Electric, Inc. in the amount of$256,817.00 (Base and alternate bid) for Project 07-
8, Andover Station North Ball Field Lighting. (Res. R044-07)
Mr. Berkowitz indicated they have reviewed this with the Baseball Association and they understand
the need for the lighting of the fields and are in support oflighting both fields with the understanding
that they are still looking for some additional assistance in completing the concession stand at that
complex.
Motion by Trude to put the additional funds in excess between the engineer's estimate or the amount
they allocate of this project to be put towards the cost of the building project.
Councilmember Jacobson stated he would personally like to see this come separately so they know
what is in the building and what it would take to finish it and how much they really have left and act
on it as a separate matter. Councilmember Trude stated if they do nothing, her understanding is they
have budgeted that amount allocated to that project. Councilmember Ortte1 understood they will be
short so he did not have a problem with this. Mr. Dickinson stated they can come back with a plan
as to how to cover the excess costs that they may have some problems with and they could put
together a program to do so.
eouncilmember Knight thought it would be cleaner the way Mr. Dickinson is suggesting doing it.
Councilmember Trude knew the Park Commission was looking at the playground equipment for this
and she wondered if there will be playground equipment there. Mr. Berkowitz stated they will be
installing playground equipment but the location is still up in the air.
Motion carried unanimously.
CONSIDER CONDITIONAL USE PERMIT/FARM WINERY/3482165TH LANE NW
Community Development Director Neumeister explained Mark Hedin has applied for a Conditional
Use Permit (CUP) to run a farm winery on his property.
Councilmember Trude stated she talked to staff earlier about the wording of the resolution and she
thought it was important to make sure that all of the conditional use language is incorporated and
they can take care of it with a simple amendment. Condition two says "All regulations listed in Code
12-9-12" and she thought when they move the resolution, they cross out "12" so it would be all
regulations listed in City Code 12-9, which means the annual review applies. Ifissues come up in the
neighborhood, there is a procedure for revocation, there is all of the stuff that everybody in any horne
occupation is subject to and because they crafted this CUP as a stand alone provision they do not
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want to have anything not apply. She also suggested they have the annual review with a submittal of
a report indicating how many gallons are used.
Mayor Gamache understood Mr. Hedin needs to submit Federal and State reports and they could
request copies of those.
Councilmember Knight asked if the CUP includes additional buildings or structures or equipment.
Councilmember Ortte1 indicated it cannot. Councilmernber Trude thought it included the building
and accessory structure. City Attorney Baumgartner stated anything that is requested in addition to
the original request would have to come before the Council for approval.
Mr. Mark Hedin was at the meeting to answer questions.
Motion by Orttel, Seconded by Jacobson, to approve the Conditional Use Permit for the Farm
Winery changing item 2 to include City Code 12-9 in its entirety and also amending item 1 to have
the applicant submit copies of the Federal and State Reports to the City Clerk and to add item 4
"subject to annual review".
Councilmember Trude stated she would also like to add to item one that the annual production report
be submitted to the City Clerk. Councilmember Ortte1 indicated he would revise his motion to
include this. Councilmember Jacobson accepted the revision also.
Councilmernber Trude stated one other issue that may be covered is recently they have been looking
at other cities and how they regulate home occupations and she noticed in Coon Rapids they limit the
parking to on-site so that it does not impact the neighborhood and she wondered if the Council
would be interested in limiting the parking to what is available on-site and two vehicles on the street
because it is a big lot. She thought the issues would come up if the neighborhood is filled with cars
someday. Councilmember Ortte1 thought that was why they have an annual review. Councilmember
Knight stated they could make the revisions at that time.
Councilmember Trude asked City Attorney Baumgartner if the annual review would let them
regulate parking if there was an issue or should they add that the permit is subject to annual review
should issues arise. City Attorney Baumgartner stated they could always cover thernselves by adding
that in and saying that the Conditional Use Permit will be granted subject to the annual review. Mr.
Dickinson stated the annual review is already covered in Code 12-9.
Councilmember Trude wondered where it is stated that the annual review would allow them to
change the conditions. Councilmember Jacobson stated it is under the Conditional Use Permit Code
12-9.
City Attorney Baumgartner stated looking at 12-14-6, under Conditional Uses, A5 talks about
conditions may be applied to a permit and a periodic review of the permit may be required. He
thought that was pretty much a catch-all that would cover and encompass what they are talking
about.
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Councilmember Trude asked if they could add a number 4 "the permit is subject to an annual
review". Mr. Dickinson stated 12-9-7 does allow for inspections and the way he interprets it is if the
business is not in compliance, they would bring it back to the Council at that point in time.
Councilmember Orttel thought to avoid the consideration of whether it should or not, they should
just put it in.
Motion carried unanimously. (Res. 045-07)
CONSIDER PRELIMINARY PLAT/SMITH ADDITION/17919 TULIP STREET NW
Community Development Director Neumeister explained the Council is asked to review a
preliminary plat that will create one additional lot and adjust the property line of adjacent property at
17987 Tulip Street NW. The lot line adjustment enlarges the lot addressed as 17987 Tulip Street.
This plat includes all the land of both 17919 Tulip Street and the lot it surrounds (17987 Tulip St.).
The third lot in the plat will have its access to a public road via Quay Street.
Mr. Neumeister and Mr. Berkowitz discussed the staff report with the Council.
Councilmember Trude asked if any of the trees are in the easement. Mr. Berkowitz indicated they
are located on the edge according to the aerial.
Councilmember Trude wondered how many houses will go into the development. Mr. Berkowitz
stated right now they are looking at developing three lots.
Councilmember Jacobson stated when they look at the very large parcel and ghosting the internal
road system, if that were to be redeveloped, where the road would go once it exists to the east. Mr.
Berkowitz showed an aerial photo and explained where a road could go.
Councilmember Jacobson asked on Quay Street, that portion which is not constructed, there is an
easement over it. In the past they were told by Mr. Hawkins that they could not require a developer
to do anything outside of the property that they are developing. He wondered how they would be
able to issue a building permit back there unless the builder would construct that section of street.
He wondered what the legal implications would be of doing this without knowing what would
happen there. City Attorney Baumgartner stated looking at this parcel as it stands now, it is a
landlocked piece and there would not be any ingress or egress to that parcel so he thought the builder
would be stuck in that point in and of itself. He did speak with Mr. Hawkins regarding this as they
are both in agreement that if that parcel is further subdivided and platted they could require that it be
connected onto Quay Street and that could be a condition as far as issuing a permit.
Councilmember Jacobson stated they will be creating three lots and he wondered what would happeniif someone buys the large lot and wants to build a single house on it and not subdivide it at this time,
could they gain access onto 178th on this easement or would they have to do something on Quay
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Street. City Attorney Baumgartner stated if someone was going to build there, they could probably
condition the permit for the building that that would be improved and they could find that under MN
Statute 462.358 where they City could require as a condition of issuing that permit that that portion
be improved because the City does have the right as far as regulating traffic and so forth. It also
brings up a point regarding emergency vehicles that would further involve the City where they would
have to have ingress and egress for emergency vehicles and if there is an inadequate ingress and
egress, he thought that would give the City the right to deny the permit unless that is so improved.
Councilmember Jacobson asked at 181 st, the separated parcel, if the setback is going to be a problem
because of the difference in easement sizes. Mr. Berkowitz stated typically the County rights-of-
ways jog and this would not create a problem. It is a benefit to future road expansion to take the
right-of-way when they have the opportunity. This would provide for reconstruction of the road in
the future.
Councilmember Trude asked on the resolution, page six, and number 5, does require that Quay Street
is laid out the way Councilmember Jacobson described. That it start out as a driveway and goes into
a street. She wondered if this is the best way to move ahead on this, to just let it dangle or would it
be better now that they are getting this plat affecting this parcel to require the street be built.
. Councilmember Jacobson stated they are not actually platting this out, they are getting three lots.
Motion by Knight, Seconded by Orttel, to approve the resolution adding the following language
"further subdivided, and/or developed".
City Attorney Baumgartner suggested the Council make one change to the resolution. He stated in
number 5 of the resolution, it only addresses the requirement to construct that portion if lot three is
further subdivided. They may want to include additional language, which if it is further subdivided
and or developed or built upon to encompass a concern as Council has indicated to what if they do
not plat it. They rnay want to include some additional language to cover both scenarios.
Councilmernber Trude stated they could addition language after "further subdivided" to include
"and/or developed".
Mr. Berkowitz stated the intent of the applicant is potential for one house to be built on there and
then the intent was to just construct a driveway. If they came back to subdivide and make additional ,
lots, the road would have to be constructed. The Council agreed.
Motion carried unanimously. (Res. R046-07)
CONSIDER CITY CODE AMENDMENT/DELETING CODE SECTION 12-14-6A.5
(CONTINUED)
Community Developrnent Director Neumeister stated this Code revision summarizes the discussion
that took place at the February 27,2007 Planning Commission Workshop.
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Councilmember Jacobson stated on the other side of the chart, under item 2, the very end states ''this
shall not apply to lots of record at the time this title is adopted". He wondered if they were talking
about any action they take tonight or does it go back to when the title was adopted. Mr. Neumeister
stated Footnote 2 refers to the R-3 Zoning District on the previous page and there was a 40,000
square foot lot requirement that was allowed at that time dealing with private water and sewer
systems so that only relates to that specific case.
Councilmernber Trude stated the only change they are doing is adding "see footnotes". She did not
know if they want to adopt this. She thought Councilmember Jacobson was correct because they
have to worry about dates everywhere they are at.
City Attorney Baumgartner stated he would feel better if they held this over to give them time to look
at the language.
Motion by Knight, Seconded by Ortte!, to table this item to allow City Attorney review. Motion
carried unanimously.
DISCUSS/APPROVE NAMING TRAIL SEGMENT
City Administrator Dickinson stated a request has been made to name a section of the Andover Trail
System in honor of a past now deceased Park and Recreation Commissioner, Tom Anderson. The
request is being made by Mayor Gamache.
Mayor Gamache reviewed the information with the Council.
Motion by Knight, Seconded by Jacobson, to approve the naming of the City of Andover Trail
segment in honor of Tom Anderson. Motion carried unanimously.
APPROVE ZONING CODE ENFORCEMENT POLICIES
Mr. Neumeister stated based on new direction from the City Council at the workshop of March 27,
2007 the zoning code enforcement guidelines have been updated as seen in the details of the staff
report. Staff has updated these guidelines in order to address the myriad of questions and issues
arising from a code enforcement violation. This work involves a great deal of judgment and
interpretation.
Councilmember Jacobson stated since this Code Enforcement Policy is something they asked for,
when he read this he noticed a couple of things they should be more specific and technical on. Item
2, talks about one year to finish the work on the exterior of the structure but it does not say one year
from when and he would suggest they insert "from the date of permit issuance". Item 4 should be
written to read "Complainants sho1:1l.d shall have their anonymity protected by staff".
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Councilmember Trude stated it also indicates the person needs to give their name, address and
telephone number and she knew people have called the Council to have them provide the complaint
because they have been concerned about their confidentiality. She stated this is another route for
people to use.
Councilmember Jacobson stated item 6, last line, states "violation of the specific number of working
days" and he thought this should be changed to "within seven or ten working days" so this is not so
vague. In Item 8, he thought if the CSO or Sheriff delivers the letter for the second or third time,
they might take notice. Councilmember Trude stated she would rather have staff use their own
discretion.
Councilmember Trude wondered if this is the same timeframe they are using now because she did
not think the problem was the timeframe with ninety-nine percent of the people that cooperate. She
thought the problem was with the people that end up getting the letter from the attorney. She
wondered if they are shortening the time for compliance or are they keeping the same time. Mr.
Dickinson stated the first letter is the same timeframe but the second letter is a shortened timeframe.
Councilmember Trude stated she did not mind giving them that much time. By shortening the time
frame, they would get fewer people able to make that deadline. She wondered if they will have more
of these going to the City Attorney if they shorten it up.
City Attorney Baumgartner explained the procedure they go through once a non-compliance comes
to them.
Councilmember Knight wondered if it was necessary in item 13 to update the complaining party
from time to time. Councilmember Jacobson indicated what he has heard is that people are not
updated on the actions taken after they make the complaint and they do not see any changes. He
thought this was good relations with the citizens. Councilmember Trude stated some of it is
informing the complainer about the City Code and what is or is not in compliance with the Code.
Motion by Jacobson, Seconded by Orttel, to adopt these guidelines as acknowledgement of the
methods and procedures that staff will follow in enforcing the City Code modifYing sections, 2, 4, 6,
8 as discussed.
Councilmember Trude asked if the situation with the homes in disrepair because of the straight line
winds a year and a half ago have been taken care of elsewhere. Mr. Neumeister stated they are still
working on these.
Motion carried unanimously.
RAILROAD QUIET ZONEIWAYSIDE HORNS DISCUSSION/06-10
Mr. Berkowitz reviewed the workshop discussion with the Council. He indicated he was hoping to
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Regular Andover City Council Meeting
Minutes - April 3, 2007
Page 12
have additional information for this meeting but has not received any. The costs doubled for the
wayside horn at Andover Boulevard and Crosstown. In the last week he has been in contact with the
BNSF regarding specific requirements and how the interconnects will work. On Bunker Lake
Boulevard they are looking at getting some funding from the State and BNSF to correct the circuitry
at Bunker Lake Boulevard because it has been motion sensor and should have been constant warning
time.
Councilmember Trude wondered if it would be helpful if the Council submitted a letter with the
Mayor's signature requesting this. Mr. Berkowitz thought they should wait and see what they
receive for information before they do this.
Councilmember Jacobson stated they have been talking about the rail service up to Duluth and all of
the upgrades they will have to put in. He did not know what they were talking about with any
intersection improvements but if they are going to have to include some money to upgrade some of
those crossings, maybe they could talk to the County or the Tinklenberg Group and see if they might
start paying for some of that in the northern part of the City to help with the upgrades.
Councilmember Trude thought this would ease some of the problems and frustrations the City has
had with the crossing at Bunker Lake Boulevard. Councilmember Orttel thought they should move
forward on the Bunker one.
SCHEDULE EDA MEETING
Motion by Jacobson, Seconded by Knight, schedule an EDA meeting on April 17 ,2007 at 6:00 p.m.
Motion carried unanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on the administration and city department
activities, meeting reminders, and legislative activity.
City Engineer Berkowitz updated the Council on road improvements projects in the City.
Community Development Director Neumeister updated the Council on development activity in
the City.
1I1AYOR/cOUNcIL INPUT
There was none.
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Regular Andover City Council Meeting
Minutes - April 3, 2007
Page 13
1
2
3
4
5
6
Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting
adjourned at 8:46 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
o
C I T Y 0 F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
BOARD OF REVIEW
APRIL ll, 2007 - MINUTES
The Annual Board of Review was called to order by Mayor Mike Gamache at 7:00 p.m.
Tuesday, April 11, 2007 at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Council Members Present:
Council Members Absent:
Also Present:
Don Jacobson, Mike Knight, Ken Orttel, Julie Trude
None
Jason Dagastino, Anoka County Residential Assessor
John Leone, Anoka County Commercial Assessor
No one appeared before the Council.
o
Mr. Dagastino noted that he received 68 calls this year. Last year he received 59. The
majority of the questions were about valuations. In 2005 there were 526 sales in the city
with an average sale price of $296,000.00 and in 2006 there were 324 with an average
sales price of$3l0,300. The assessed valuations were up 6.2%. The Assessor's Office is
only allowed to use sales from October 1,2805 through September l, 2006.
Council Member Trude felt that we will see lower values throughout the city.
Mr. Dagastino stated that since January l, 2007 there have been 47 sales with an average
price of $293,000. The higher end homes are selling but the lower end ones are not.
Council Member Orttel questioned the number of parcels listed in the information
provided by the County. Mr. Dagastino explained that the number includes parks and
roads.
Mr. Leone stated that he received a call regarding the valuation of the new strip mall
located by the bank and he lowered the valuation. The parcel for the new liquor store
sold for $ll.42 per square foot, Clocktower Commons properties sold between $8 and $9
per square foot and Fairbanks paid $8.00.
Council Member Trude thanked Mr. Dagastino for doing a good job for the residents.
Motion by Jacobson, seconded by Knight to adjourn. Motion carried unanimously.
o
The meeting adjourned at 7:l2 p.m.
Respectfully submitted,
fLL,' fJ,a
Vicki V olk
City Clerk
o
o
o
2J
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 / Finance Director
FROM:
Lee Brezinka, Assistant Finance Director
SUBJECT:
Payment of Claims
DATE:
Aprill7,2007
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $266,921.51 on disbursement edit lists #1 - #2 from 04/03/07 to 04/11/07 have been issued
and released.
Claims totaling $359,683.37 on disbursement edit list #3 dated 04/17/07 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 $626,604.88. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
~?J~
Lee Brezinka
Attachments:
Edit Lists
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CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D, Berkowitz, City Engineer
SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/05-61 (Crosstown
Blvd. NW & Nightingale St. NW) & 06-50 (Crosstown Blvd. NW Trail) -
Engineering
DATE: April 17, 2007
INTRODUCTION
The City Council is requested to approve final plans and specifications and order the
advertisement of bids for Project 05-6l, Crosstown Boulevard NW & Nightingale Street NW and
Project 06-50, Crosstown Boulevard NW Trail,
DISCUSSION
The above subject projects are identified in the City's 2007-2011 Capital Improvement Plan
(CIP) for improvements this year, The improvements to the intersection of Crosstown Boulevard
and Nightingale Street consist of a westbound right turn lane onto Nightingale Street NW and an
eastbound by-pass lane, A right turn lane also will be constructed on Nightingale Street NW,
The Crosstown trail improvements shall consist of a new trail along the north side of Crosstown
Boulevard NW from Hanson Boulevard NW to Nightingale Street NW, This project will
connect the existing trail along Hanson Boulevard NW to an existing trail at Nightingale Street
NW,
The plan is available in the City Engineer's office for review,
BUDGET IMPACT
The Crosstown Boulevard NW and Nightingale Street NW project shall be funded by the City's
Road and Bridge Fund utilizing previous allocated State Aid dollars, The trail along Crosstown
Boulevard NW shall be funded by the City Trail Fund,
ACTION REQUIRED
The City Council is requested to approve final plans and specifications and order the
advertisement of bids Project 05-61, Crosstown Boulevard NW & Nightingale Street NW and
Project 06-50, Crosstown Boulevard NW Trail.
Respectfully submitted,
~0.~- (1_~
DavidD, Berkowi~
Attachments: Resolution /"
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO,
MOTION by Council member
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS, 05-61
(CROSSTOWN BLVD, NW & NIGHTINGALE ST. NW) & 06-50 (CROSSTOWN
BLVD, NW TRAIl) ,
WHEREAS, pursuant to Resolution No, 035-07 , adopted by the City
Council on the 20th day of March , 2007, the City Enaineer
has prepared final plans and specifications for Project Nos, 05-61 (Crosstown Blvd,
NW& Niqhtinaale St. NW) & 06-50 (Crosstown Blvd, NW Trail); 06-37,
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 17'h day of April , 2007 ,
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications,
BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby direct the City Clerk to seek public bids as required by law, with such bids to
be opel1ed at 10:00 AM , Mav 11 ,2007 at the Andover City Hall.
MOTION seconded by Council member
City Council at a reaular meeting this 17'h
Council members
favor of the resolution, and Council members
said resolution was declared passed,
and adopted by the
day of April , 2007 , with
voting in
voting against, whereupon
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
o
Victoria Volk - City Clerk
o
o
o
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C I T Y 0 F
NDOVE
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755"8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
David D, Berkowitz, City Engin
./"
FROM: Todd J, Haas, Asst. City Engineer
SUBJECT: Approve Access Agreement/Forest Meadows ParkIRocket Turf - Engineering
DATE: April 17,2007
INTRODUCTION
This item is in regard to a approving a two year access agreement with Rocket Turf to cross a
portion of Forest Meadows Park.
DISCUSSION
As you may recall, this agreement was directed by the City Council at the February 20, 2007
meeting, The agreement is for two years from the date of approval by the City Council, which
would be through April 17, 2009,
ACTION REOUIRED
The City Council is requested to consider approving the Hold Harmless Agreement and Easement
Encroachment Agreement to allow Rocket Turf access across Forest Meadows Park to maintain
and harvest their sod fields which are adjacentto the park on the west side,
Respectfully submitted,
~L'~
Attachments: Agreement &Location Map
cc: Douglas Lawrence, Rocket Turf, 2477 NW Main, Coon Rapids, MN 55448
o
HOLD HARMLESS AGREEMENT
AND EASEMENT ENCROACHMENT AGREEMENT
THIS AGREEMENT, made this 17th day of April, 2007, by and between
Rocket Turf, a Minnesota Corporation and the City of Andover, a Minnesota
Municipal Corporation (hereinafter "City"),
WHEREAS, Rocket Turf is the fee owner of Parcel 02-32-24-13-0007 located
in Anoka County, Minnesota; and
WHEREAS, Rocket Turf would like to have access across a portion of Forest
Meadows Park (Parcel 02-32-24-13-0006); and
WHEREAS, the City by giving access across Forest Meadows Park to Rocket
Turf will allow Rocket Turf to maintain and harvest sod on Parcel 02-32-24-13-0007,
WHEREAS, Rocket Turf understands that the agreement is for two years; and
In addition, Rocket Turf or their successors hereby agree to hold the City
harmless and indemnify the City from any and all liabilities and defend against
lawsuits, expenses, damages, acts or failures to act, attorney fees and court costs,
o which directly result from any damage Rocket Turf, or their successors in interest
that may occur in the temporary access easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands this
day of ,2007,
CITY OF ANDOVER, a Municipal
Corporation
By:
Its: City Clerk
By:
Its: Mayor
Douglas Lawrence,
Rocket Turf
o
STATE OF MINNESOTA )
) ss,
COUNTY OF )
On this day of ,2007, before me, a notary
public within and for said county, personally appeared
G:IST AFFIRHONDAAIAGENDA\lTEMS\2007\041707\HOLD HARMLESS AGREEMENT,doc
o
and to me known to be respectively the Clerk and
Mayor of the City of Andover, and who executed the foregoing instrument and
acknowledge that they executed the same on behalf of said City,
Notary Public
STATE OF MINNESOTA )
) ss,
COUNTY OF )
On this day of ,2007, before me, a notary
public within and for said county, personally appeared Douglas Lawrence of Rocket
Turf,
o
Notary Public
DRAFTED BY:
City of Andover
1685 Crosstown Blvd, NW
Andover, MN 55304
o
G:\ST AFF\RHONDAAIAGENDA\ITEMS\2007\041707\HOLD HARMLESS AGREEMENT,doc
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1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,C1.ANDOVER,MN,US
TO: Mayor and Council Members /
CC: Jim Dickinson, City Administrator
FROM: David D, Berkowitz, City Engineer
SUBJECT: Award Bid/06-37/161s1 Avenue NW & Crane Street NW/Intersection
Improvements - Engineering
DATE: April 17, 2007
INTRODUCTION
The City Council is requested to receive bids and award the contract for intersection
improvements for Project 06-37, l6l sl Avenue NW & Crane Street NW,
DISCUSSION
The bids received are as follows:
Contractor
Rum River Contracting
W,B. Miller, Inc,
North Valley, Inc,
Knife River
Forest Lake Contracting, Inc.
Hardrives, Inc.
Astech
(* notes a correction was made to the bid)
Engineer's Estimate
Bid Amount
$143,549.48
$145,775.50
$157,237.20
$158,150,14
$158,383,00
$159,877,50
*$182,480.20
$179,054,00
BUDGET IMPACT
The entire project cost will be assessed to the White Pine Wilderness developments and the
properties to the west (1487 - 161s1 Avenue NW & 16157 Hanson Boulevard NW) ofthe White
Pine Wilderness development.
ACTION REOUIRED
The City Council is requested to approve the resolution accepting bids and awarding the contract
to Rum River Contracting in the amount of $143,549.48 for intersection improvements for
Project 06-37, 161 sl Avenue NW & Crane Street NW,
Respectfully submitted,
G).,-;/2 (() ,\3<- ~-~
David D. Berkowitz ~ ~
Attachments: Resolution;( Tabulation ofBid("'
cc: Larry Emmerich, 1341 - l6lst Ave, NW, Andover
Steve & Cheryl Olmscheid, 1487 -161s1 Avenue NW, Andover
Keith & Rhonda Rischer, 16157 Hanson Boulevard NW, Andovei:
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO,
MOTION by Council member
to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 05-61
(CROSSTOWN BLVD. NW & NIGHTINGALE ST. NW) & 06-50 (CROSSTOWN
BLVD, NW TRAIL),
WHEREAS, pursuant to Resolution No, 035-07 , adopted by the City
Council on the 20th day of March , 2007, the Citv Enaineer
has prepared final plans and specifications for Project Nos, 05-61 (Crosstown Blvd,
NW& NiQhtinQale St. NW) & 06-50 (Crosstown Blvd, NW Trail); 06-37,
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 1 ih day of April , 2007 ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
o Andover to hereby approve the Final Plans and Specifications.
BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby direct the City Clerk to seek public bids as required by law, with such bids to
be opened at 10:00 AM , Mav 11 ,2007 at the Andover City Hall.
and adopted by the
day of April , 2007 , with
voting in
voting against, whereupon
MOTION seconded by Council member
City Council at a reaular meeting this 17th
Council members
favor of the resolution, and Council members
said resolution was declared passed,
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
o
Victoria Volk - City Clerk
o
o
o
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755,8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM:. Jim Dickinson, City Administrat
Will Neumeister, Director of Comm
Development wL
SUBJECT: Home Occupation Code Enforcement Policy - Community Development
Aprill7,2007
INTRODUCTION
DATE:
At the Council workshop of March 27,2007 the staffwas directed to be proactive in the enforcement of the
City Code related to home occupations, This report is to establish the policies that the Council wants staff to
follow in this code enforcement endeavor.
DISCUSSION
Because this will become a proactive enforcement program, direction from Council is needed on what the
policy and process will be, These will become the approved policies that staff will implement in this new
work program:
1, Create a data-base of all known home occupations that exist in the city,
2. Send letters to all known home occupations asking that they confirm that they are in compliance
with the City Code,
3, Follow through with a field inspection of each home occupation (i,e, compliance check),
4, If the home occupation is not in compliance, convey that they will need to be brought into
conformance with City Code within 60 days,
5, If the home occupation does not come into compliance within 60 days, begin working with the City
Attorney to build a case for prosecution,
ACTION REQUESTED
The Council is asked to accept this as the policy/process used by staff to bring Andover home occupations
into conformance with the existing City Code, Amend as needed to conform to the consensus of the
Council.
~~
Will Neumeister
Community Development Director
Attachment
Minutes of March 27,2007 Workshop
o Special Andover City Council Workshop Meeting
Minutes - March 27, 2007
Page 6
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The Council consensus was to advertise for 7 people for the Commission,
DISCUSS FIRE RELIEF ASSOCIATION BOARD MEMBER APPOINTMENT
Mr, Dickinson stated at the March 6 City Council meeting the Council approved by-law changes for
the Andover Fire Relief Association, One of those changes was the addition of the appointment of a
City Councilmember to the relief association board,
The Council directed staff at the March 6 meeting to place the appointment of a City Councilmember
to the Andover Fire Relief Association on a future workshop as an agenda item,
He requested Council discuss which member of the Council will serve on the Andover Fire Relief
Association Board,
Councilmember Jacobson stated he would volunteer for one year,
Motion by Orttel, seconded by Gamache to appoint Councilmember Jacobson to the Fire Relief
Association Board for a period of one year, Motion carried unanimously,
WI-FI PROGRESS UPDATE
Mr, Dickinson stated a previous 2005-2006 Council Goal was to explore wireless internet services
for City of Andover residents, Survey questions were crafted for insertion into the Decision
Resources community survey conducted last spring and just recently the Council has asked staff to
review the feasibility of Wi-Fi implementation in the City of Andover, He updated Council on
staff's conclusions, He asked if Council is willing to seek outside assistance for the project. If so,
staff would present proposals to the Council at a future meeting along with a recommendation on
where the budget dollars would come from,
Councilmember Jacobson stated what concerns him is that most of the City has access to high speed
internet and if they invest a lot of money into this and they only have 2,000 subscribers, it would not
pay for itself.
Mayor Gamache asked if QwestlComcast would give the City the number of their City subscribers,
Mr, Dickinson stated he believes they would need 3,000 subscribers in order for this to pay for itself
at approximately $28,00 per month,
Councilmember Jacobson noted Wi-Fi is the "hot" thing now, but there is more technology coming,
which would make Wi-Fi obsolete,
Councilmember Trude stated she did not believe this is a municipal utility at this time,
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Minutes - March 27, 2007
Page 7
Mayor Gamache stated the cost seems pretty high and for the most part people like what they have,
2008-2012 CAPITAL IMPROVEMENT PLAN GUIDELINES
Mr, Dickinson stated in early April, AdministrationlFinance will conduct a 2008-20l2CIP kick-
off meeting with Department Heads where discussion will center on the 2008-2012 CIP
development calendars and the need of other committees and commissions to start their work.
He requested Council provide direction to staff on Council priorities for the 2008-20l2 CIP,
Mr, Dickinson stated one item not on the list is exploring a new phone system, He indicated this
would be an expensive proposition,
Councilmember Trude stated she wants them to look at additional trails by using the levy, She
did not want to stop the trails,
Mr, Dickinson stated the City sign outside of City Hall needs to be replaced, He asked if they
want to replace this, It would cost approximately $20,000,00, Council's consensus was to leave
the sign as it is for now,
2008 OPERATING BUDGET GUIDELINES DISCUSSION
Mr, Dickinson stated City Departments will soon start preparing the 2008 Annual Operating
Budget Development process and is looking to the City Council to establish the Council's
guidelines for the preparation of the 2008 Annual Operating Budget.
Council is requested to review the proposed Budget Development guidelines, discuss whether or
not they are appropriate for developing the 2008 Annual Operating Budget, and provide
additional comments or direction to staff,
Councilmember Jacobson stated he likes the idea that they are one of the lowest taxing
authorities in the area and they are trying to keep it to the rate of inflation,
Mayor Gamache recessed the meeting at 8:48 p,m, and reconvened the meeting at 8:58 p,m,
CODE ENFORCEMENT POLICIES
Mr, Neumeister stated at the Council workshop on February 27, 2007 there was discussion about
repeat code violations and what could be done to prevent these in the future, There were a few
other items that were brought up by the Council that night that staff needed to do further research
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Minutes - March 27, 2007
Page 8
on, Since that meeting, a few other issues have surfaced that need further discussion, which he
reviewed at the work session,
He requested Council provide staff direction on the policies they would like to move forward
with,
Mr, Neumeister stated staffhas been working on the completion of one-year exterior home
improvements, but the issue is that the homes have been turned over to the banks and are now in
foreclosure, How they deal with the foreclosure cases was an entirely different issue,
Mr, Dickinson stated at the end of the year when they have mowing assessments those
assessments are basically for the foreclosed properties,
Councilmember Jacobson asked if somebody has a financial responsibility for the home, Mr,
Dickinson responded after the redemption period, the bank has the obligation to take the home,
but asked how they would force the bank to do this,
Mr, Dickinson stated they could start an abatement process on the foreclosure properties to get
the mortgage company to come to the table,
Councilmember Jacobson asked how expensive it is to go through the abatement process, Mr,
Neumeister responded it could run between $4,000-$8,000,
. Councilmember Orttel recommended they bring these properties to the bank's attention in an
attempt to avoid the abatement process,
Mr, Neumeister stated staff would write letter to the bank/mortgage company attaching pictures
so they knew what the condition of the property was, He stated rather than going to abatement
right away, staff might need to go through a little bit more effort to get in touch with the
bank/mortgage company,
Mr, Neumeister noted as long as someone shows progress it could take someone as long as they
want for the interior work, but the exterior has to be completed within one year,
Councilmember Jacobson asked staff to look at uncompleted homes at 133rd and Hanson,
Mr, Neumeister summarized the establishing of escalating fines for repeat code violators,
Councilmember Jacobson recommended they shorten up the time in order for the violators to
respond,
Councilmember Trude stated she receives a lot of calls on code violations and she does not
believe she should be receiving these calls, They need better customer service,
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Page 9
Councilmember Jacobson stated 90 percent of the people comply and he wants them to follow
through with the other 10 percent who did not comply, They should come up with a method for
going after the constant violators,
Councilmember Orttel recommended they have the CSO's deliver the letters,
Mr, Neumeister stated they could also have a 30 and 60-day follow-up inspection, so it would be
an ongoing case instead of a new case each time, Council agreed this is a good idea,
Mr, Neumeister stated they had done a survey of other cities' lower standards for grass height,
Councilmember Trude stated she wants the grass height at six inches,
Councilmember Orttel noted he has a lot of area he could not cut because there are protected
plants and his grass gets pretty high in places,
Mr, Neumeister noted there were more grass length complaints than any other complaints
received, Fire Chief Winkel noted if they lowered it too low, they would have boulevard issues,
Councilmember Trude stated it is the finished lawn they are concerned about. Mr, Neumeister
agreed it is the urban lots they should be addressing,
Mr, Dickinson recommended 8-inch lawn height, or if it had gone to seed on urban lots only,
Councilmember Jacobson stated if staff is out doing something else and sees an obvious code
violation, staff needs to be more proactive in enforcing the code,
Mr, Neumeister summarized the home-based businesses in the City,
Councilmember Jacobson recommended staff send new home businesses a copy of the
Ordinance and have the home business send back a form stating they did or did not comply with
the home-based business code,
Fire Chief Winkel stated part of the issue is that if they were in commercial zones, they would be
inspected on a regular basis,
Councilmember Trude stated she has received complaints regarding home businesses that have
excessive traffic or equipment.
Councilmember Jacobson stated they have criteria as to what uses are acceptable and not
acceptable in a residential area, They have to preservy the neighborhoods,
Mr, Neumeister asked how proactive the staff should be, Councilmember Jacobson stated if the
business receives a personal letter from the City, that should solve some of the issues,
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Page 10
Councilmember Trude stated they should also put this in the newsletter to inform everyone about
the home-based business ordinance,
Mayor Gamache asked what happens if a business certified they were allowed,
Mr, Dickinson stated he did not know if they want to use code enforcement staff time on some of
the enforcement and they might need to use the Sheriff's Department for some of these issues,
Councilmember Orttel recommended they advertise this in the spring clean up information,
Mr, Dickinson stated the issue he is more concerned about is the unknown they are going to run
into when they start flushing these things out and he was not quite sure what would happen,
Councilmember Orttel stated they need to look closely at other cities,
OTHER BUSINESS ITEMS
A, Outdoor Swimming Pool Fencing,
Councilmember Trude presented a picture of an outdoor swimming pool that is not fenced, She
believes the pool is a hazard, She noted there is usually a ladder on the pool at all times, Mr,
Dickinson noted the pool meets the code,
B. Wetland Intrusion,
Councilmember Trude stated at a future workshop she wants to discuss wetland intrusion,
Motion by Orttel, Seconded by Jacobson to adjourn to the City Council Workshop, Motion carried
unanimously, The meeting adjourned at 9:51 p,m,
Respectfully submitted,
Kathy Altman, Recording Secretary
o
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(j)
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
David D, Berkowitz, City Engineer
FROM: Jason J, Law, Civil Engineer III
SUBJECT: Award Bid/07-3/2007 Crack Sealing - Engineering
DATE: April 17, 2007
INTRODUCTION
The City Council is requested to receive bids and award the contract for Project 07-3, 2007 Crack
Sealing,
DISCUSSION
The street crack seal program is an effective street maintenance technique utilized to protect and
prolong the life of the City's street infrastructure, The crack sealing program divides the City into nine
separate maintenance zones, Each year the streets in one of the nine zones, as well as new
developments, are targeted for sealing the cracks, The cracks are then seal coated the following year.
The bids received are as follows:
Contractor
Northwest Asphalt Maintenance, Inc,
Precision Sealcoating, Inc,
Bergman Companies, Inc,
American Pavement Solutions, Inc,
Astech
Fahrner Asphalt Sealers, Inc,
Bid Amount
$l30,680,OO
$138,402,00
$l6l,865,OO
$l6l,865,OO
$l64,835,OO
$l7l,072,OO
$155,925,00
Engineer's Estimate
BUDGET IMP ACT
The 2007 Crack Sealing project has been identified in the City's Capital Improvement Plan, The
funding for this work will be from the Road & Bridge Fund and the Construction Seal Coat Fund,
ACTION REQUIRED
The City Council is requested to approve the resolution accepting bids and awarding the contract to
Northwest Asphalt Maintenance, Inc, in the amount of $130,680,00 for City Project 07-3,2007 Crack
Sealing,
Lr.:lll~~itted,
Cl:-:tw
Attachments: Resolution, Location Maps, & Bid Tab
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO.
MOTION by Council member
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO, 07-3 FOR 2007 CRACK SEALING,
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No,
032-07 , dated March 6, 2007, bids were received, opened and tabulated according to
law with results as follows:
Northwest Asphalt Maintenance, Inc,
Precision Sealcoating, Inc,
Bergman Companies, Inc,
American Pavement Solutions, Inc,
$130,680.00
$138,402.00
$161,865,00
$161,865,00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Northwest Asphalt Maintenance. Inc, as
o being the apparent low bidder,
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City
Clerk to enter into a contract with Northwest Asphalt Maintenance. Inc. in the
amount of $ 130.680,00 for construction of the improvements; and direct the City
Clerk to return to all bidders the deposits made with their bids, except that the deposit of
the successful bidder and the next lowest bidder shall be retained until the contract has
been executed and bond requirements met.
MOTION seconded by Council member
City Council at a reQular meeting this
Council members
of the resolution, and Council members
against, whereupon said resolution was declared passed,
17th
and adopted by the
day of April , 2007 , with
voting in favor
voting
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
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Victoria Volk - City Clerk
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2007 Cracksealing (C.P. 07-03)
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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~
Will Neumeister, Community Development Directo~
FROM: Courtney Bednarz, City PlanneiJ;.
SUBJECT: Approve Final Plat/Parkside at Andover Station 3rd Addition - Planning
DATE: Aprill7,2007
INTRODUCTION
The City Council is asked to approve the final plat for Parkside at Andover Station 3rd Addition,
DISCUSSION
The proposed fmal plat would create ten additional detached townhouse lots at the west end of
the development in conformance with the approved preliminary plat. An outlot is proposed to
allow the six remaining detached townhouse lots to be platted at a future date, The streets and
utilities have been constructed for the entire development.
o
Trail and Easement
A trail segment was approved with the preliminary plat to allow pedestrian access between
Kensington Estates and this plat, ultimately to provide access to the park within Andover Station
North, A separate document to establish a trail easement at the northwest corner of the
development will need to be submitted and the cost of the trail segment within the plat is the
developer's responsibility, It is anticipated that the trail will be constructed at the time that the
city constructs a trail through the park property between this plat and Kensington Estates,
Park Dedication and Trail Fees
Pursuant to the purchase agreement for the property, the developer will be required to pay park
dedication and trail fees for the ten units that are a part of this final plat.
ACTION REQUESTED
The Council is asked to adopt the attached resolution approving the final plat with conditions,
o Cc: Steve Gaffney, Bruggeman Homes 3564 Rollingview Drive White Bear Lake, MN 55110
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO R
A RESOLUTION APPROVING THE FINAL PLAT OF "P ARKSIDE AT ANDOVER
STATION THIRD ADDITION" ON PROPERTY LOCATED IN SECTION 34, TOWNSHIP
32, RANGE 24, LEGALLY DESCRIBED AS:
Outlot A, P ARKS IDE AT ANDOVER STATION 2nd Addition, according to the recorded plat
thereof, Anoka County, Minnesota
WHEREAS, the City Council has approved the preliminary plat of the project to be known as
"Parkside at Andover Station"; and
WHEREAS, the Developer has presented a [mal plat of Parks ide at Andover Station 3rd
Addition; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci1y of Andover to
hereby approve the final plat of Parks ide at Andover Station 3rd Addition contingent upon the
following:
1, The plat shall conform to the [mal plat stamped received by the City of Andover March
29,2007 and shall be subject to all of the conditions of Preliminary Plat Resolution
R068-06,
2, Park dedication and trail fees shall be paid on a per unit basis at the rate in effect at the
time of preliminary plat approval and subject to increase as provided by ~;tate statute,
This payment shall be based on the number of units on the [mal plat and shall be made
prior to the City's release of the [mal plat.
3, The developer shall submit a trail easement document in a form acceptable to the city to
cover the private driveway and area to the north edge of the plat within this [mal plat.
4, The developer shall be responsible for the cost of construction of a trail at the northwest
corner of the plat as approved with the Preliminary Plat.
5, The developer shall be required to record an addendum to include the lots created with
this final plat in the established property owners association,
6, Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines,
7, Such plat approval is contingent upon a development agreement acceptable to the City
Attorney, A financial guarantee is required as a part of this agreement to assure all of the
subdivision improvements will be completed,
Adopted by the City Council of the City of Andover this _ th day of
,2007,
CITY OF ANDOVER
ATTEST:
Victoria V olk, City Clerk
Michael R, Gamache, Mayor
-2-
S1\NDbVE~
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(j)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) '755-5100
FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US
TO:
CC:
Mayor and Councilmembers
Jim Dickinson, City Administrato
Will Neumeister, Community Deve m t Director ~
FROM: Courtney Bednarz, City Planne~
SUBJECT: Approve Final Plat/Parkside at Andover Station 4th Addition - Plaming
DATE: Aprill7,2007
INTRODUCTION
The City Council is asked to approve the final plat for Parkside at Andover Station 4th
Addition,
o
DISCUSSION
The proposed final plat would create lots to serve two additional eight unit buildings at
the northeast corner of l3 9th Avenue and Linnet Street NW in conformance with the
approved preliminary plat, The streets and utilities have been constructed for the entire
development.
Park Dedication and Trail Fees
Pursuant to the purchase agreement for the subject property, the developer will be
required to pay park dedication and trail fees for the sixteen units that are a part of this
final plat.
ACTION REOUESTED
The Council is asked to adopt the attached resolution approving the [mal plat with
conditions,
Cc: Steve Gaffney, Bruggeman Homes 3564 Rollingview Drive White Bear Lake, MN
55110
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO R
A RESOLUTION APPROVING THE FINAL PLAT OF "PARKS IDE AT ANDOVER
STATION FOURTH ADDITION" ON PROPERTY LOCATED IN SECTION 34,
TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS:
Outlot D, P ARKSIDE AT ANDOVER STATION 2nd Addition, according to the
recorded plat thereof, Anoka County, Minnesota
WHEREAS, the City Council has approved the preliminary plat of the project to be
known as "Parkside at Andover Station"; and
WHEREAS, the Developer has presented a [mal plat of Parks ide at Andover Station 4th
Addition; and
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the [mal plat of Parks ide at Andover Station 4th Addition
contingent upon the following:
1, The plat shall conform to the final plat stamped received by the City of Andover
March 29, 2007 and shall be subject to all of the conditions of Preliminary Plat
Resolution R068-06,
2, Park dedication and trail fees shall be paid on a per unit basis at the rate in effect
at the time of preliminary plat approval and subject to increase as provided by
state statute, This payment shall be based on the number of units on the final plat
and shall be made prior to the City's release of the final plat.
3, The developer shall be required to record an addendum to include the lots created
with this final plat inthe established property owners association,
4, Contingent upon staff review and approval for compliance with City ordinances,
policies and guidelines,
5, Such plat approval is contingent upon a development agreement acceptable to the
City Attorney, A financial guarantee is required as a part of this agrel~ment to
assure all of the subdivision improvements will be completed,
Adopted by the City Council of the City of Andover this _ th day of
,2007,
CITY OF ANDOVER
ATTEST:
Victoria V olk, City Clerk
Michael R. Gamache, Mayor
o
-2-
Sl\NDbVE~
Incorporated
1974
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers
./
CC: Jim Dickinson, City Administrator
Will Neumeister, Community Develop
FROM: Courtney Bednarz, City Planner
SUBJECT: Approve Final Plat/Smith Addition - Planning
Di\TE: i\pril17,2007
INTRODUCTION
The Council is asked to approve the fmal plat to create one additional lot and adjust the property
line of adjacent property at l7987 Tulip Street NW, The lot line adjustment enlarges the lot
addressed as l7987 Tulip Street, This plat includes all the land of both l79l9 Tulip Street and
the lot it surrounds (17987 Tulip St.), The third lot in the plat (the new lot) will have its access
to a public road via Quay Street,
DISCUSSION
The Council approved the preliminary plat at the April 3, 2007 Council meeting, The final plat
is found to be in conformance with the approved preliminary plat,
ACTION REQUESTED
The Council is asked to adopt the attached resolution approving the final plat with conditions,
Attachments
Resolution
Location map
Final Plat (full size plan in packet)
Respectfully submitted,
~?t-c
Cc: David and Helen Smith, l79l9 Tulip Street NW
o
o
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO R
A RESOLUTION APPROVING THE FINAL PLAT OF "SMITH ADDITION" FOR
PROPERTY LOCATED AT 17919 AND l7987 TULIP STREET NW AND LEGALLY
DESCRIBED AS:
The Northwest Quarter of the Northeast Quarter (NW1/4 ofNEl/4) except the following
portions of the said Northwest Quarter of the Northeast Quarter (NW1/4 ofNE1/4) to-wit:
Commencing at the Northwest corner of the said Northwest Quarter of the Northeast Quarter
(NW1/4 ofNE1/4) thence South along the west line thereof 14 rods, thence east 12 rods, thence
north 14 rods, thence west 12 rods to the place of beginning; all in Section Five (5), Township
Thirty-two (32), Range Twenty-four (24) according to the United States Government Survey
thereof;
AND EXCEPT
That part of the Northwest Quarter of the Northeast Quarter (NW1/4 ofNE1/4) of Section Five
(5), Township Thirty-two (32), Range Twenty-four (24), Anoka County, Minnesota described
as follows:
Commencing at a point on the North line of said Northwest l/4 of the Northeast 1/4 distant
198 feet East from the Northwest corner of said Northwest l/4 of the Northeast 1/4; thence
East along said North line to a point 852 feet East of the Northwest corner of said NW1/4 of
the NEl/4; thence South and parallel to the West line of said NW 1/4 of the NE1/4 a distance of
300 feet; thence West and parallel with the North line of said NWl/4 of the NE1/4 to a point
198 feet East of the West line of said NW1/4 ofNE1/4, thence North and parallel to the West
line of said NW1/4 of the NE1/4 a distance of300 feet to the point of cOllllIlencement,
AND EXCEPT
That part ofthe Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4) now known as
Tracts A, B, C,D, and E, Revised Registered Land Survey No, 7, files of the Registrar of
Titles, County of Anoka,
AND EXCEPT
The South 69 feet of the North 300 feet of the West 198 feet of the Northwest Quarter of
the Northeast Quarter (NW1/4 ofNE1/4) of Section Five (5), Township Thirty-two (32), Range
Twenty-four (24), Anoka County, Minnesota, as measured along the West and North lines of
said quarter-quarter,
Tract A, Revised Registered Land Survey No, 7, files of the Registrar of Titles, County of
Anoka,
-2.-
o Tract A, Registered Land Survey No, 47, files of the Registrar of Titles, County of
Anoka, State of Minnesota,
WHEREAS, the City Council has approved the preliminary plat of the project to be
known as "Smith Addition"; and
WHEREAS, the property owners have presented a final plat of the Smith Addition; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby approve the final plat of Smith Addition contingent upon the following:
1, The plat shall conform to the [mal plat stamped received by the City of Andover April 4,
2007 and shall be subject to all of the conditions of Preliminary Plat Resolution R045-07,
2, Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines,
3, Such plat approval is contingent upon a development agreement acceptable to the City
Attorney, A financial guarantee is required as a part of this agreement to assure all of the
subdivision improvements will be completed,
Adopted by the City Council of the City of Andover this _th day of
,2007,
CITY OF ANDOVER
o
ATTEST:
Victoria V olk, City Clerk
Michael R. Gamache, Mayor
o
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator
FROM: Vicki V olk, City Clerk
SUBJECT: Approve 2007 Tobacco License/Andover Quick Stop
DATE: April 17, 2007
INTRODUCTION
The tobacco license for the Andover Quick Stop expired on December 31, 2006 and was
not renewed,
o
DISCUSSION
Staff visited the store and found they were selling tobacco products without a license,
The owner was notified that he would have to quit selling tobacco products until Council
approved a 2007 license, Staff requested that the Sheriff's Office check to see if they are
selling tobacco, An investigator attempted to buy cigarettes on Wednesday and was told
they could not sell tobacco until their license was approved,
The owner has applied for a license and paid the appropriate fee,
ACTION REOUIRED
Council is requested to approve the above licenses for the period Aprill8, 2007 through
December 3l, 2007,
Respectfully submitted,
o
Vicki V olk
City Clerk
Attach: Application for renewal
o
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755,5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
License To Sell Tobacco at Retail
Application Form
Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at
retail are required to provide the following information,
Applicant's Name 50 tmOJi R-61J :'iQrO
Applicant's Address a ~ b 9 q(j -\- h \a..nf'
Business Name R n dO\.l e ( C111 ic k ~-\-6P
Business Address \ ~bd. 'S 'l-t h A\J'i
o
Type of Business Conducted at Location Gn '.S
Phone CoiA - q 'llo-";)6()~
b\o l"e ,;)~Y'i L
Phone 1lo~- ~d~-61~6
N'IN n (\o.6"l ~r rYl f\.) 'S "5 'bO '--j
~-I-a...+ l6 n
I agree to waive my constitutional rights against search and seizure and will
freely permit peace officers to inspect my premises and agree to forfeiture of my
license if found to have violated the provisions of Ordinance 227 providing for the
granting of this license,
I hereby solemnly swear that the foregoing statements are true and correct to the
best of my knowledge,
\YDMQn flliu'f;n7V
Signature of Applicant
y - ~ -()'1
Date
o
o
CITY OF
NDOVE
GiJ
1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and City Council ~,
Jim Dickinson, City Administrator~ ~
Vicki V olk, City Clerk ~
CC:
FROM:
SUBJECT:
Approve 2007 On-Sale 3.2% Malt Liquor LicenseIWoodland
Creek Golf Course
DATE:
Aprill7,2007
INTRODUCTION
o
The on-sale 3,2% malt liquor license for the Woodland Creek Golf Course expired on
December 31, 2006,
DISCUSSION
Olvan, LLC, dba Woodland Creek Golf Couse, has applied forrenewal of their license
and paid the appropriate fees,
ACTION REQUIRED
Council is requested to approve the above license for the period April 18, 2007 through
December 3l, 2007,
Respectfully submitted,
!l:L: U~
Vicki V olk
City Clerk
Attach: Renewal Form
o
o
o
o
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US
TOBACCO AND 3.2% MALT LIQUOR
LICENSE RENEWAL APPLICATION
Business Name
O/VC{r) L.L.L 1)0A. Woa:l land Cree-It <CJ5/.j:' (Ou.vse.
Business Address ,3200 S. COon Creel{ Or, vc::.
Business Telephone Number 763 - 323 - vS"/ 7
Business Owner micfue../ o/soV] / Ro() I/C<.nr;e.../ J;
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Owner's Address
ZZFGO ItJVl{Jul'c,{ Ave,..AI, j;;rc''5T kia, 1'0/# 55;0~
Owner's Telephone Number GS-i - Z"I8 - 63<-13
Manager's Name 117 fc 0Ctc) () 1'5 OVJ
Type of License:
(Check each license being applied for)
Retail Sale of Tobacco
Off-Sale 3.2% Malt Liquor it
On-Sale 3,2% Liquor X
/11;(' tete / o150FJ
. Applicant's Name (Print)
~
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~ApPhcant's Signature
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1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755,5100
FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
FROM: Captain Dave Jenkins - Anoka County Sheriffs Office
SUBJECT: Receive Anoka County Sheriffs Department Monthly Report - Sheriff
Di\TE: April l7,2007
o INTRODUCTION
Captain Dave Jenkins from the Anoka County Sheriffs Office will be present to provide the
Council and the citizens of Andover with an update on law enforcement activities within the
City,
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DISCUSSION
To be verbally presented,
ACTION REOUIRED
For Council information,
Respectfully submitted,
Captain Dave Jenkins
Anoka County Sheriffs Office
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1685 CROSSTOWN BOULEVARD N,W.' ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755,8923 . WWW.CI.ANDOVER.MN,US
TO:
Mayor and Councilmembers
CC:
Jim Dickinson, City Administrat .
Will Neumeister, Community Development DirectoruJ-.-
Chris Vrchota, Associate Planner (Jf
Public Hearing/Code Amendment Regulating Bee-Keeping - Planning
FROM:
SUBJECT:
DATE:
April 1 7, 2007
INTRODUCTION
An Andover resident has requested that the City adopt an ordinance outlining regulations
for bee keeping activities in the City, The City Council directed staff to draft an
ordinance at their March 20, 2007 meeting to allow honey bee-keeping on parcels larger
than 2 acres in size in the rural area,
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DISCUSSION
Up to this point, staff had made an interpretation of the City Code to treat bees as an
agricultural animal, meaning 5 acres were needed to keep bees, A resident who wishes to
keep bees on approximately 2 acres has approached the City Council with a model bee-
keeping ordinance, The City Council expressed interest in allowing honey bee keeping
on properties of 2 acres and larger in the rural area,
Staff has reviewed the model ordinance provided by the resident and feels that it is longer
and more specific that what is really needed, in light of the fact that the use of this code
section will be fairly limited, Staff has drafted a code amendment that allows for honey
bee keeping on lots 2 acres and larger in the rural area and puts some requirements in
place to reduce potential nuisance characteristics without being overly long or complex,
Both the model ordinance presented by the resident and the draft ordinance put together
by staffhave been attached so that the City Council can compare the two,
The resident who originally approached the Council about this code change has raised
some concerns about the fencing requirements, He feels that there may be some
circumstances in which the fencing requirement might be too onerous, or a fence may be
unnecessary due to the distance between the hives and neighboring properties or public
areas, This feedback was given after the proposal went before the Planning Commission,
and as such, no changes have been made to the proposal based on the resident's input. A
letter from the resident is attached, and he will likely be at the meeting to further explain
his concerns,
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Planning Commission Feedback
The Planning Commission was unanimously supportive of the proposed code amendment
as it was presented to them,
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Attachments
Proposed Code Amendment
Model Ordinance
Letter From Interested Resident
Planning Commission Meeting Minutes (Will be forwarded when available,)
ACTION REQUESTED
The Council is asked to hold a public hearing and approve or deny the proposed code
change,
Re~.2~ubmitted,
C~;~ota
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Note: Staff believes that the most logical place to include bee-keeping regulations is in
City Code 5-1: Animal Control, since this is the section where controls for other animals
(dogs, cats, equines) are located. The Council may suggest a different location if they
feel it would be more appropriately located elsewhere,
Chapter 1
ANIMAL CONTROL
ARTICLE D. HONEY BEES tApis MelliferaJ
SECTION
5-10-1 :
5-10-2:
5-10-3:
Minimum ReQuirements for Keepina of Honev Bees
ReQuired Improvements and Maintenance
Violation: Penaltv
5-10-1 :
MINIMUM REQUIREMENTS FOR KEEPING OF BEES:
A. ,Location: Honev bee keepina shall onlv be permitted on properties
that are zoned R-1: Sinale-Familv Rural Residential. R-2: Sinale-
Familv Estate Residential. or R-3: Sinale-Familv Suburban
Residential and are located outside the Municipal Urban Service Area
tMUSA) boundary.
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B.
Lot Size: Honev bee keepina shall not be permitted onanv property
of less than two acres. On lots of 2-5 acres, a maximum of 8 hives
shall be permitted. On lots laraer than 5 acres. there shall be no
restriction on the number of hives. thouah all other reQuirements of
the City Code shall be met.
C. Hive Location ReQuirements: Every effort should be made to locate
hives in the center of the property. as far from the property lines as
possible. All hives must be set back a minimum of 25 feet from the
property line.
5-10-2:
REQUIRED IMPROVEMENTS AND MAINTENANCE:
A.
All hives shall be surrounded bv a hedae or other similar barrier to
ensure that the bees assume a vertical f1iaht pattern upon enterina or
exitina the hive.
B.
All hives shall be surrounded bv a fence meetina the followina
criteria:
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1. The fence shall prevent people and animals from aettina closer
than 10 feet to any hive.
2. The fence should not provide hand or foot holds that would make
it easilv climbable.
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3. Gates in the fence shall be equipped with self-closinQ and self-
latchinQ mechanisms and shall be kept locked when not in use.
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4. All fences shall conform with City Code 12-7: Fences and Walls.
B.
A convenient source of water shall be provided at all times to avoid
the conQreQation of bees at swimminQ pools, bird baths, or other
water sources where thev miQht come into contact with people or
pets.
o.
No wax comb or other such materials are to be left on the Qrounds of
the property. Upon removal from the hive. all such material shall be
promptlv disposed of in a sealed, bee-proof container or placed
within a buildinQ or other bee-proof enclosure.
5-10-3: VIOLATION: PENALTY: Anv person who shall violate
, any provision of this article shall be Quilty of a misdemeanor and. upon
conviction thereof, shall be punished as defined bv state law.
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"'lv1optii;:-C2ii'i,jo '~<:~IC
I <""'<<OJ H, IU~ I ueleted: fvIODEL.BEEKEEPING
ORDlNANCE'1 '
prepared by the
MonEL BEEKEEPING ORDINANCE
prepared by the
Minnesota Hobby Beekeepers Association
This model ordinance is not intended to be adooted without legal review lw counsel renresenting the
iurisdiction considering it. Like any oroooscd ordinance. it Illllst be reconciled ,\lith cxistine. ordinances
and may be revised to fit community standards and needs. OUf oumosc in advancing the model ordinance
is to offer a document with the aoicultural framework we believe will enable hobbyist and sideliner
bcckecncrs to surd" and successfullv pursue this nlcasurablc and economicallv. culturallv and
He.riculturallv critical activity in urban and suburban areas.
WHEREAS, honey bees (apis mellifera) are of benefit to mankind, and to Minnesota in
particular, by providing agriculture, fruit and garden pollination services and by
furnishing honey, and other useful products; and
WHEREAS, Minnesota is among the leading states in honey production and agricultural
by products associated with beekeeping throughout the United States; and
WHEREAS, domestic strains of honey bees have been selectively bred for desirable
traits, including gentleness, honey production, tendency not to swann and non,aggressive
behavior, characteristics which are desirable to foster and maintain; and
WHEREAS, gentle strains of honey bees can be maintained within populated areas in
reasonable densities without causing a nuisance if the bees are properly located and
carefully managed;
NOW THEREFORE, be it ordained and enacted by
Deleted: MINNESOTA IIOBB Y
BEEKEEPERS
Deleted: ~
This model ordinance is not intended to
be adopted without legal review by leg"l
counsel representing thcjurisdiclion
considering it. Like <lny proposed
ordinance, it mllst he reconciled with
l.:xisting ordin<llll.;CS and llJ:l)' be rc\'iscd 10
lit COlIIlllllTlily slandmds ,md ncc<ls. Our
ptllllosc in advancing lhe Illodel
ordinance is to offer a doclIlllent with the
apiculturalli"alllcwork we believe will
enable hobbyist and sideliner beekeepers
10 ~tltWynnd.sllccl:ssfll]ly pursue Illis
Jlhtl.~YJealll~..jll.e.llsur~lbl(l and
economically. culturally and
agriculturally critical activity in urban
and suburban areas.
Section I. Preamble Adopted, That the findings contained in the preamble of this
ordinance are hereby adopted as a part of this ordinance.
Section 2, Definitions, As used in this article, the following words and terms shall
have the meanings ascribed in this section unless the context of their usage indicates
another usage.
~"Apiary" means the assembly of one or more colonies of bees at a single
location,
~"Beekeeper" means a person who owns or has charge of one or more
colonies of bees,
~"Beekeeping equipment" means anything used in the operation of an
apiary, such as hive bodies, supers, frames, top and bottom boards and
extractors,
~"Colony" means an aggregate of bees consisting principally of workers,
but having, when perfect, one queen and at times drones, brood, combs,
and honey,
I Page I oj's..
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Model Bcckccning Ordinance
_~Febfl1ary 22, 2007
, '':...-"Z',,---,-,,----~..-'--..,-:''.,--:--:--
'~::.:I1t~~I~~~--=,
~Each beekeeper shall maintain his beekeeping equipment in good
condition, including keeping the hives painted if they have been painted
"l2ill,.are peeling or flaking, and securin!!,unused equipment li'om,weather,
,potential theft or vandalism and occupancv bv swarms, It shall not be a
defense to this ordinance that a beekeeper's unused equipment attracted a
swarm and that the beekeeper is not intentionally keeping bees.
Section 5 Colony Density,
5.1 Except as otherwise provided in this ordinance, i,n..each instance where a
colony is kept)essthan25feet[rom the propertylille ofthelotupon
which the apiary is located, as measured from the nearest point on the hive
to the property line, the beekeeper shall establish and maintain a flyway
barrier,at least.,6 feetin height. The flyway barrier may consist of.a,wall,
fence, dense vegetation or a combination there of. such that bees will fly
over rather than through the material to reach the colony, If a flyway
barrier of dense vegetation is used, the initial planting may be 4, feet in
height, so long as the vegetation normally reaches 6 feet in height or
)ligheL Theflyway barrier must continue parallel to the apiary lot line for
10,feetineitherdirection from the hive, or contain the hive or hives ill an
enclosure at least 6 feet in height, A flyway barrier is not required if the
property adjoining the apiary lot line (I) is undeveloped, or (2) is zoned
agricultural, industrial or is outside of the City limits, or (3) is a wildlife
management area or naturalistic park land with no horse or foot trai Is
located within 25 feet of the apiary lot line"
___.u______. _un.. ..
i.2, No personis permitted to keep more than the following numbers of
colonies on any lot within the City, based upon the size or configuration of
the apiary lot:
a, One half acre or smaller lo~ ~2 colonies
b, Larger than,,!L2.acre butsmaller thanJ&acre lot _4 colonies
c, Larger thanJ&acre lot but smaller than 1 acre lot_"",_ jS colonies
d. One acre but smaller than 5 acres .8_ colo_l~ies
e, Larger than 5 acres ,no restriction
.iJ....Jegardlc:ss of lotsize, so long as all lots within a radius of at least 200 feet
/Tom any hive, measured /Tom any point on the /Tont of the hive, remain
undeveloped, there shall be no limit to the number of colonies. No
grandfathering rights shall accrue under this subsection.
M If the beekeeper serves the community by removing a swarm or swarms of
honey bees from locations where they are not desired, the beekeeper shall
not be considered in violation lhe portion of this ordinance limiting the
number of colonies ifhe temporarily houses the swarm on the apiary lot in
compliance with the standards of practice set out in this ordinance.tQI...!lli
more than ;30 days from the date acquired.
Page 3..Q[5
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['Deleted: (I) ----"'-'---l
(I Deleted: :lS hiuh as the IlUlxilT111111 I
ti.lncc limit annlicablc to the <lni:uv lot
I <S))>"\Vllllt (frill' l~ir~"~ maximum jf.'lH~(,
i limit is HI fed'! (11' (2) il'therc is 110
L..~.~~~~! maxim~I:~:"~:~:~.~_._.__..._.m..m.m m ... _. .
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[ Deleted: 6 J
[Deleted:,,_--=====,=,==]
r -------......",............"..,.......,....'''..'..l
Deleted: I bcJic\"c Ihis paragr;lph
contradicts thc I sl paragraph. which
states YOll don't lIccd a Ilyway harrier if
i your colony is more 111<1n 25' ofa publi!;
l or private propC11y line. J
[~eleted: .
[~~.~~~~~.~ less
, Deleted:
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I M.QSl~1 Bcck~pi!ll!. Ordinance
":tl!~'iu~jNJitiiZ.~~~~---~~==
~"Hive" means the receptacle inhabited by a colony that is manufactured
for that purpose.
~"Honey bee" means all life stages of the common domestic honey bee,
apis melli/era species,
D-"Lot" means a contiguous parcel of land under common ownership.
2,8 "Nucleus colonv" means a small quantitv of bees with a queen housed in a'
smaller than usual hive box designed for a particular pU!'flose,
;;2,9 "Undeveloped property" meansanv idle land that is not improved or
actually in the process of being improved with residentiaL commerciaL
industriaL church, park, school or governmental facilities or other
structures or improvements intended for human occupancv and the
grounds maintained in associations therewith, The term shall be deemed
to include propeltv developed exclusivelv as a street or highwav or
propertv used for commercial agricultural purposes,
Section 3,
Purpose of Ordinance,
LFormatted: Bullets and Num~:ring_J
Deleted: "Undeveloped property"
ITlC,lIlS <lily idle Innd that is nol improved
or aClufllly in lhe process of being
improved with residelltiaL cOllllllerciill.
industrial, church, park. school 01
govcm1l1clltall:lcililics or other structures
or improvements intended for human
occupancy and the grounds Ilwiruaincd ill
associations therewith. The term shall be
deemed to include property developed
exclusively as :1 stree! or highw;!y or
propClty used tor commercial agriclIlluml
purposes. '1
l..!?!_~~.~~.: "N.~.~c~_~~..~.~.~~.~~~~'~.:.:..~___..._..._....J
L.~eleted: kecp _k{~Jlt __.__.___._...._.______..J
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rDel~ed: , for ];l;~;~~;~C];~CI;-~.~~.;:.~~~.;;~:;l;-S
I Deleted: Each such nuclcus colony
shall bc disposcd of or combincd with an
authorized colony within 30 days ancr
l..~.~_~~{!~~~.:_.~.~_~.~.~~:=~~-'._~v.:~.~.~ I.l.c~_!,cnn i It i 11 g. '1
~ The purpose of this ordinance is to establish certain requirements for
beekeeping within the City, to avoid issues which might otherwise be
associated with beekeeping in populated areas,
3.2 Compliance with this ordinance shall not be a defense to a proceeding
alleging that a given colony constitutes a nuisance, but such compliance
may be offered as evidence of the beekeeper's efforts to abate any proven
nuisance,
~Compliance with this ordinance shall not be a defense to a proceeding
alleging that a given colony violates applicable ordinances regarding
public health, but sueh compliance may be offered as evidence of the
beekeeper's compliance with acceptable standards of practice among
hobby beekeepers in the State of Minnesota,
Section 4.
Standards of Practiee,
~Honey bee colonies shall be kept in hives with removable frames, which
shall be,keptinsolll1d.andusablecondition, ,
~Each beekeeper shall ensure that a convenient source of water is available
to the colony so long as colonies remain active outside of the hive.
~Each beekeeper shall ensure that no wax comb or other material that might
encourage robbing by other bees are left upon the grounds of the apiary
lot. Such materials onee removed from the site shall be handled and
stored in sealed containers, or placed within a building or other insect-
proof container.
~For each,.polony permitted to be maintained under this ordinance, there
may also be maintained upon the same apiary lot, one nucleus colony in a
hive structure not to exceed one standard 9-5/8 inch depth IO,frame hive
body with no supers,..
Page 2.2[5
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.Model BcckcCDing Ordinance
February 22, 2007
---=--4A4AAn:-::=-;;?lnWl''A:r~'' -----:-
...____~"_._.__._L,YU$I.;?~;.{/~.L'- .T7P'~':- -----
Section 6,
Inspection,
Deleted: or removed Ii'om the City 01'
lllOVN! out (If tilt dty limits wlll'rc llH~'y
, an~ I:url'cnfly 1()\~J;It(~d if[thc designated
Il.C'iIY onicial] finds IhallhCY. 1,.,;1\,'1.: been
kept in violmion of this ordinance
(=~o_~~.~=~~~='~'~.~'=~~-=l
l Formatted
1
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]
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CD;;~';;'" cd
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l.,~ele~<<:d: t.~~~~l_~m_
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A designated City official shall have the right to inspect any apiary for the purpose of
ensuring compliance with this ordinance between 8 a,m, and 5 p,m, once annually upon
prior notice to the owner of the apiary property, and more often upon complaint without
prior notice.
Section 7,
Presumed Colony/Hive Value,
For the purpose of enforcing City ordinances against destruction of property, each
colony/hive shall be presumed to have a value of $275.
Section 8,
Compliance.
~Upon receipt of credible information that any colony located within the
City is not being kept in compliance with this ordinance, [the designated
City official] shall cause an investigation to be conducted, If the
investigation shows that a violation may exist and will continue, [the
designated City official] shall cause a written notice of hearing to be
issued to the beekeeper, which notice shall set forth:
a, The date, the time and the place that the hearing will be held, which
date shall be not less than 30 days' from the date of the notice;
b. The violation alleged;
c, That the beekeeper may appear in person or through counsel, present
evidence, cross examine witnesses and request a court reporter, and
d, That if rthe designated Citv officiaIl finds that thev have been kept in
violation of this ordinance, and if the violation is not remediated
within the time allowed. the bees may be ordered removed and/or
destroyed,
,Notices shall be given by certified US Mail return receipt requested or
personal delivery, However, if the beekeeper cannot be located, then
notice may be given by publication in a legal newspaper for the county in
which the apiary property is located, at least seven days before the
hearing,
~ The hearing shall be conducted by [the designated City official]. The
burden shall be on the City to demonstrate by a preponderance of evidence
that the colony or colonies have been kept in violation of this ordinance,
If [the designated City official] finds a violation, then he/she may order
that the bees be removed from the City or such other action as may
address the violation, and that the apiary lot be disqualified for permitting
under this ordinance for a period of2 years from the date of the order,.Ul.'-
apiarv lot.ownershipchanges, in which case the prohibition shall
terminate, If the order has not been complied with within 20 days of the
order, the City may remove or pestroY.Jhe bees and charge the beekeeper
with the cost thereof, Upon destruction of bees by the City, all equipment
Page 4.Q[5
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~~=~<'~~l2=li&?~.vGE'!I:~:::'=..
I .t':'JQ..Q91 Bcckccnin2: Ordinance
February 22, 2007
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shall be returned by the City to the beekeeper. with expenses of
transportation to be paid by the beekeeper. The Citv's destruction of the
bees shall be bv a method that will not damage or contaminate the
equipment. include wax foundation.
~ The decision of the hearing officer may be appealed by the beekeeper as
provided in the City's rules and procedures. Ifno provision for appeal
exists, then the beekeeper may file a notice of appeal with the City
secretary within 15 days of the date the order is placed in US Mail to the
beekeeper, or 10 days ifthe decision is announced at the hearing by [the
designated City official]. An appeal shall not stay [the designated City
official]'s decision, and the beekeeper shall be required to comply with
such order pending the outcome of the appeal.
~No hearing and no order shall be required for the destruction of honey
bees not residing in a hive structure that is intend!<g.for beekeeping,
[""Deleted: 1l1)O'~";~:~I~-;---'-""-"."'-------')
( Deleted: ing
'-l
'------l
Section ,2,
Savings Clause.
( Deleted: 8
In the event any part of this ordinance or its application to any person or property is held
to be unenforceable for any reason, the unenforceability thereof will not affect the
enforceability and application of the remainder of this ordinance, which will remain in
full force and effect.
Section ,lQ,
Effective Date,
r Deleted: 9
'------"-'--j
This ordinance shall become effective on
,20_,
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~"-''''-....-....-_..,..,--_..._..--_....-.~_._......~...., _.'........n. .. II
~~-.:.EJit!Arn=~/J?eOT
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This is a request for some changes to the beekeeping ordinance for Andover, ..
I would like to request the language be changed for section 5-1 D-2 The hedge requirement that
was pulled for an ordinance in Saint Paul is because of the very small lot sizes there, If a setback
for the bee yard was 50+ feet this would be of equal value, Language requiring a protective
fence or barrier would provide the same amount of safety on 2+ acre lots as opposed to the 10
foot requirement for the hives from a fence or barrier,
I am asking for these minor changes because of the larger lots in Andover vs, Saint Paul.
Thank You
Chuck Sager
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Regular Andover Planning and Zoning Commission Meeting
Minutes - April] 0, 2007
Page 3
forward under this redevelopment PUD language and say they do not have to fulfill the
design qualities because they are a redevelopment PUD, He also stated the proposed
architectural plans are in keeping with the neighborhood as far as house size,
Chairperson Daninger asked if the homes would be sold or would they be rentals, Mr,
Noddle indicated the homes would be sold,
Chairperson Daninger asked for a clarification on the lot split/redevelopment PUD, He
wondered if they are going to approve both or should they have a separate motion for
each item, Mr, Cross stated typically with PUD's, they will see the PUD language
incorporated into a single resolution, In this situation they have a lot split and a PUD and
the PUD is handled as a Conditional Use Permit. That is why the CUP resolution is
separate but it is going along with the lot split resolution. The Planning Commission
could form a single recommendation,
Commissioner Walton asked with the lot width for Parcel A being fifteen feet narrower
than a normal corner lot requirement, can the driveway still conform to a distance from
the corner requirements for driveway or do they have to approve a variance for the
driveway, Mr, Cross stated no variance has been requested at this time, The driveway
will have to conform,
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Motion by Walton, seconded by Casey, to recommend to the City Council approval of
the lot split and Redevelopment PUD request adding Condition II "Any deferred or
pending assessments for this property shall be paid as part of this lot split", to the
Resolution, Motion carried on a 7-ayes, O-nays, O-absent vote,
Mr, Cross stated that this item would be before the Council at the April 17, 2007 City
Council meeting,
WORK SESSION
a. Consider Code Amendment Regulating Bee Keeping
Mr, Vrchota stated an Andover resident has requested that the City adopt an ordinance
outlining regulations for bee keeping activities in the City, The City Council directed
staff to draft an ordinance at their March 20, 2007 meeting to allow honey bee-keeping
on parcels larger than 2 acres in size in the rural area,
Mr, Vrchota discussed the staff report with the Commission,
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Commissioner Kirchoff appreciated staff taking the time in condensing this ordinance for
them, He thought they did a great job,
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Regular Andover Planning and Zoning Commission Meeting
Minutes - April] 0, 2007
Page 4
Commissioner Holthus stated she contacted some other cities regarding this and Maple
Grove indicated bee keeping is prohibited in Rl to R5 Districts and is allowed in
residential agricultural zoning areas, Residential agricultural is twenty acres or more in
Maple Grove, Blaine indicates that bees are regarded as farm animals which are under
their farm animal code and it must be in an agricultural zone district with a minimum of
one acre but there are no areas in existence like that. Ham Lake indicated that bees are
regarded as an agricultural use and there are no minimum acres, Ramsey and Apple
Valley do not address bee keeping at all. She did not think any of the cities had bees
listed as nuisance animals,
Commissioner Cleveland asked if what was written fairly consistent for other animals
under the animal control ordinances. Mr, Vrchota stated this is actually pretty specific to
Honey Bees,
Commissioner Cleveland asked if they put this as an Ag, Animal, would the minimum be
five acres, Mr, Vrchota indicated that was correct.
o
Commissioner Falk asked what happens if the MUSA decides to go into that residential
area, Mr, Vrchota stated for the MUSA boundary to be expanded, he believed the
property owner would have to agree to that. They do not expand the MUSA area without
property owner involvement. If the MUSA did expand, the property would no longer
meet the requirements of the code so they would have to remove the hives,
Commissioner Kirchoff stated he has a personal experience with family raising honey
bees and a honey bee sting is very fare unless provoked, He thought their reputation was
an over-reaction and they are actually good,
Mr. Vrchota indicated the ordinance is crafted strictly toward European Honey Bees,
Chairperson Daninger sensed everyone liked this, He asked for clarification regarding a
colony and a hive and if they are one and the same, Mr, Vrchota thought that was correct
and would double check it. He stated he would make sure the ordinance had the
appropriate language in it.
Chairperson Daninger stated in the model ordinance it says "one acre but smaller than
five is eight colonies" under 5.2,d, When they came up with eight on 2 acres that was
just staff recommendation, Mr, Vrchota indicated that was correct.
The Commission concurred that the ordinance looked good and should go forward to the
City Council.
OTHER BUSINESS.
o
Mr, Cross updated the Planning Commission on related items,
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 Councilmembers
CC:
Jim Dickinson, City Administrator
I
Will Neumeister, Community Development Director w:L-
Andy Cross, Associate Planner Aj)t
FROM:
SUBJECT:
Consider Lot Split & Redevelopment PUD/13423 Crooked Lake Blvd - Planning
DATE:
Aprill7,2007
INTRODUCTION
Dennis Steinlicht has applied to split his property along Crooked Lake Boulevard into two urban
residential lots, The existing house, built in 1946, would be removed and two new houses built
on the lots, The application is being reviewed using the newly-adopted "Redevelopment PUD"
code section 13-3-13 (see attached),
DISCUSSION
City Code 13-3-9 regulates the findings that are required for a PUD to be approved:
1. The proposed development is not in conflict with the goals of the Comprehensive Plan of
the City,
2, The proposed development is designed in such a manner as to form a desirable and
unified environment within its own boundaries,
3, The proposed development demonstrates how each modified or waived requirement
contributes to achieving the purpose ofPUD,
4, The PUD is of composition and arrangement that its construction, marketing, and
operation are feasible as a complete unit without dependence on any subsequent unit,
City Code Chapter l3-3-l3 defines criteria that a property must meet to be considered fora
"Redevelopment PUD":
1) Is the existing home on the property at least 30 years old, or
2) Does the current structure fail to meet building codes?
3) Does the current structure have a blighting effect on the surrounding neighborhood?
4) Do the submitted architectural plans conform to the existing neighborhood, and are they
acceptable to the council?
The existing house was built in 1946, making it 60 years old, The house fails to meet current
building codes with a 6,5-foot ceiling in the basement. Seven-foot ceilings are required for a
o space to be considered livable,
o
o
o
The architectural plans submitted by the applicant show two floor plans, One is a 1,070 square-
foot house, the other l,220 square feet (see attached), These sizes are in keeping with the houses
in the neighborhood, which range from 884 to 2,822 square feet (see attached map),
The proposal seeks two lot size requirements to be approved as part of the Redevelopment PUD,
The attached survey illustrates the proposed lot split. Lot details are shown in the table below:
Lot Width
Lot Depth
Lot Area
R-4
Requirements
80 feet / 100 feet
(corner lot)
130 feet
11,400 sq, ft,
80 feet
134,87 feet
10,789 sq, ft,
Parcel B
Lot Dimensions
Parcel A does not meet the standard Code's requirements on two of its dimensions, It is located
on the corner of 1341h Avenue and Crooked Lake Boulevard, so it requires a width of 100 feet.
The applicant is proposing a width of 84,92 feet, l5,08 feet short of the requirement.
Additionally, Parcel A is ll,392 square feet, eight square feet short of the minimum lot size
requirement of ll,400 square feet. These design standards are outlined in the attached
resolution, A letter from the applicant is attached supplying his narrative for the Redevelopment
PUD request. Staff recommends approval of the requested deviations for the lot size
requirements for Parcel A,
Parcel B complies with the City Code, Chapter l2-3-5-A states if two lot minimums are met,
then the third must have at least 90% ofthe requirement to comply, Parcel B's width and depth
meet Code and its lot area exceeds 90% of II ,400 square feet.
Easements
Ten-foot drainage and utility easements already exist around the perimeter of the existing
property, Separate easement documents will be necessary to establish the standard five-foot
drainage and utility easements along both sides of the new property line,
Utilities
The existing house is connected to the City sewer and water system, The existing sewer
connection can serve Parcel B, but a new sewer connection will be required to serve Parcel A,
All costs associated with the new sewer connection will be charged to the property owner.
Both properties will be required to connect to City water at the applicant's expense, A water
stub was built in 1995 on Crooked Lake Boulevard to serve this property, This existing
connection can serve Parcel A, but Parcel B will require a new water connection,
Trail Fee
A Trail fee in the amount of $612 will be required for the new property,
--2--
o
o
o
Park Dedication
A Park Dedication fee will be required for the new property in the amount of$2,5l5,
Access
The access for both proposed lots would be off l34th Avenue NW, The existing driveway to
Crooked Lake Boulevard will be required to be eliminated,
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the Redevelopment PUD
with Condition #ll added to the resolution covering pending assessments,
ACTION REQUIRED .
The City Council is asked to approve this Redevelopment Pu0-ot Split request.
Respectfully submitted,
4a
Andy Cross
Associate Planner
Cc: Dennis Steinlicht, 2766 l33rd Lane NW, Andover, MN 55304
Attachments
Resolutions
Location Map
Certificate of Survey
Letter from Applicant
City Code 13-3 "Planned Unit Developments"
Map of Surrounding House Sizes
Architectural Drawings of the Proposed Houses
Planning Commission Minutes - AprillO, 2007 (Supplemental)
-3-
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES, NO,
A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR DENNIS STEINLICHT TO
SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 13423 CROOKED LAKE
BOULEVARD NW (33-32-24-43-0047) LEGALLY DESCRIBED AS:
That part of Lot l, Block 2, EAST BROOK TERRACE, according to the recorded plat thereof,
Anoka County, Minnesota, lying west of the east 95 feet thereof.
To be divided into properties to be described as;
PARCEL A: That part of Lot l, Block 2, EAST BROOK TERRACE, according to the recorded
plat thereof, Anoka County, Minnesota, lying west of the east 175,00 feet thereof.
PARCEL B: The west 80,00 feet of the east l75,OO feet of Lot l, Block 2, EAST BROOK
TERRACE, according to the recorded plat thereof, Anoka County, Minnesota,
WHEREAS, Dennis Steinlicht has requested approval of a lot split to subdivide property
o pursuant to City Code Title 13 Chapter l, located at 13423 Crooked Lake Blvd NW, and;
WHEREAS, the lot split will follow the following Development Standards, as defined in CUP
07-07:
1) The lot size for Parcel A will be 11,392 square feet.
2) The lot width for parcel A will be 84,92 feet.
WHEREAS, the City Council is reviewing these standards under City Code 13-3-13
Redevelopment PUD, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of City Code Title 13 Chapter 1, "Planned Unit
Developments", and;
WHEREAS, the Planning and Zoning Commission fmds the request would not have a
detrimental effect upon the health, safety, morals and general welfare of the City of Andover,
and;
WHEREAS, a public hearing was held pursuant to state statutes, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the lot split as requested, and;
o
-y~
o
o
o
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 approves the lot
split on said property with the following conditions:
1. Subject to the approval of Redevelopment PUD request CUP 07-07,
2, Both lots shall be connected to municipal sewer and water, Assessments shall be
paid as calculated by the City Clerk,
3, The applicant shall be required to pay a Trail fee in the amount of$6l2,
4, The applicant shall be required to pay a Park Dedication fee in the amount of
$2,515,
5, The applicant shall record the lot split with Anoka County,
6, Separate documents shall be submitted establishing 5-foot drainage and utility
easements on both sides ofthe new property line between the two lots,
7, The existing driveway on Crooked Lake Boulevard shall be removed and both new
lots shall have driveways on 134th Avenue NW, '
8, The new deeds for the property shall contain the legal descriptions included in this
resolution,
9, That the lot split be subject to a sunset clause as defined in City Code Title 13
Chapter l,
10, The existing house and garage shall be razed prior to the issuance of a building
permit for construction on Parcel A or Parcel B.
ll, Any deferred or pending assessments for this property shall be paid as a part of this
lot split.
Adopted by the City Council of the City of Andover on this lih day of April 2007,
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Victoria V olk, City Clerk
-..>-
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES, NO,
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE
REDEVELOPMENT PLANNED UNIT DEVELOPMENT LOCATED AT 13423
CROOKED LAKE BOULEVARD NW (33-32-24-43-0047) LEGALLY DESCRIBED
AS:
That part of Lot 1, Block 2 EAST BROOK TERRACE, according to the recorded plat
thereof, Anoka County, Minnesota, lying west of the east 95 feet thereof,
WHEREAS, Dennis Steinlicht has requested approval of a Redevelopment PUD in
conjunction with a lot split pursuant to City Code Title 13 Chapter 3, located at 13423
Crooked Lake Blvd NW, and;
o
WHEREAS, the property has met the following criteria:
l) The existing structure on the property at least 30 years old, or
2) The existing structure fails to meet current building codes,
3) The current structure has a blighting effect on the surrounding neighborhood,
4) The submitted architectural plans for new houses to be built on the newly-created
lots conform to the existing neighborhood, and;
WHEREAS, the existing structure will be removed as part of the redevelopment of the
property, and;
WHEREAS, the development standards for this Redevelopment Planned Unit
Development shall be as follows:
Parcel A Parcel B
Lot Width 84,92 feet 80 feet
Lot Depth 134,90 feet 134,87 feet
Lot Area ll,392 sq, ft, 10,800 sq, ft,
WHEREAS, the houses built on the new lots shall conform in all ways to the architectural
plans submitted with the Lot Split Application dated March 30,2007, and;
WHEREAS, all development standards for this project other than those defined in this
Resolution must conform to the City Code, and;
o
WHEREAS, the Planning Commission has reviewed the request and has determined that
this PUD request meets the criteria of City Code 13-3-13 Redevelopment PUD's, and;
-6~
o
WHEREAS, the Planning Commission finds the request would not have a detrimental
effect on the health, safety, and general welfare of the City of Andover, and;
WHEREAS, The Planning Commission recommends to the City Council approval ofthe
Conditional Use Permit for a Redevelopment PUD, and;
WHEREAS, the Council finds the proposed use will not be detrimental to the health,
safety, morals and general welfare of the occupants of the surrounding lands, and;
WHEREAS, the Council finds the architectural plans acceptable and in keeping with the
surrounding neighborhood, and;
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
approves the Conditional Use Permit for the Redevelopment Planned Unit Development.
Adopted by the City Council of the City of Andover on this 1 ih day of April 2007,
CITY OF ANDOVER
o
Michael R, Gamache, Mayor
ATTEST:
Victoria V olk, City Clerk
o
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2766 133rd Lane NW
Andover, MN 55304
September 7,2006
To Whom It May Concern:
Attached please find an application for a lot split of my property at 13423 Crooked Lake Blvd.,
Andover, MN, As a current resident/property owner in Andover, born and raised in the area, I
have strong ties to the community, I have submitted this proposal only after much research and a
desire to combine my personal goals with the betterment of the community as well.
Proposal Overview
I would like to tear down an existing older home that currently rests on an oversized lot on the
corner of 134th Lane NW and Crooked Lake Blvd., with driveway access on Crooked Lake
Blvd" and replace it with two single family homes which would have lots sized more similar to
the neighborhood and driveway access on 134th Lane NW,
Following, I shall highlight a few ofthe areas that I hope you will consider as you review my
request.
1, . Building Safety
My proposal would result in the removal of an older stmcture built with dated materials
and less stringent code requirements than its replacement, which would provide a higher
level of safety and better protection from fire and the elements for its occupants and
neighbors as well.
2, Traffic Safety
The current property houses a single family rental property with ingress and egress
directly to Crooked Lake Blvd" a busy arterial road, This would be replaced by driveway
access to the quieter, residential 134th Lane NW, thereby improving the environment for
vehicular and pedestrian traffic.
3, Aesthetics
The immediate area consists of mixed housing stock with some spotty retail/business
locations grandfathered in, It is in transition to a full residential area, The current
building's site lines, layout and design reflect the older zoning and architectural era and
would be replaced by structures more reflective of the areas current direction and the
city's long term goals,
4, Property Values
Since the proposal would result in the removal of an older rental-type housing structure
suffering some structural obsolescence, and replacement by modern single family,
aesthetically appealing structures that would likely be owner occupied, this should help to
increase neighborhood property values,
-/1-
o
o
o
5, Tax Base
The proposal would replace one older, smaller home with two larger homes consistent
with the city's long term comprehensive plan as well as the issues mentioned in
Paragraph 4 above, This proposal would well over double the city's current tax base for
the subject property,
I would like to thank all of those involved for their time and efforts and invite you to call me at
6l2-850-4642 with any questions or suggestions,
Sincerely,
Dennis Steinlicht
RECEIVED
MAR 3 0 2007
CITY OF ANDOVER
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 341
AN ORDINANCE CREATING STANDARDS FOR REDEVELOPMENT PLANNED
UNIT DEVELOPMENTS IN THE CITY OF ANDOVER.
WHEREAS, standards for redevelopment Planned Unit Developments have been created,
and;
WHEREAS, The proposed changes have been reviewed and recommended for denial by
the Planning Commission.
. NOW THEREFOR BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
ANDOVER HEREBY ORDAINS (Underlining being newly added language and strike-
outs indicatillg language to be removed):
PLANNED UNIT DEVELOPMENT (PUD)
o
SECTION:
13-3-1: Purpose
13-3-2: Utilization ofPUD
13-3-3: PUD Concept Review
13-3-4: Uses
13-3-5: Density
13-3-6: Zoning And Subdivision Standards And Requirements
13-3-7: Approval Process
13-3-8: Fees And Costs
13-3-9: Findings Required
13-3-10: Revisions And Amendments
13-3-11: Desirable PUD Design Qualities
13-3-12: Approval Of Planned Unit Development
13-3-1: PURPOSE: The purpose of a PUD is to encourage more efficient
allocation of density and intensity ofland use where such arrangement is desirable and
feasible by providing the means for greater creativity and flexibility in environmental
design than provided under the strict application of this code. It must be demonstrated to
the satisfaction of the City Council that a higher quality development will result than
could be otherwise achieved through strict application of this code. COrd. 298, 8-4-2004)
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13-3-2: UTILIZATION OF PUD: Planned Unit Development (PUD) regulations
may be allowed by the City Council to be applied and/or utilized for all developments
including the following: townhomes, sing1e- and two-family homes (both urban and
rural), apartment projects, multiuse structures, commercial developments, industrial
developments, mixed residential and commercial developments and similar projects.
COrd. 298, 8-4-2004)
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13-3-3: PUD CONCEPT REVIEW: Any person or persons who may apply for a
PUD may request a concept review with respect to land which may be subject to a PUD.
The purpose of a PUD concept review is to afford such persons an opportunity, without
incurring substantial expense, to have the general feasibility of a PUD proposal
considered. PUD concept reviews shall follow the sketch plan procedures provided in
Section 11-2-1 of this code. (Ord. 298, 8-4-2004)
13-3-4: USES: Planned Unit Developments shall be required to conform to the
permitted and conditional uses set forth in Title 12 of this code pertaining to the
applicable zoning district. (Ord. 298, 8-4-2004)
13-3-5: DENSITY: The density of residential developments shall be required to
conform to the applicable land use district. (Ord. 298, 8-4-2004)
13-3-6: ZONING AND SUBDIVISION STANDARDS AND
REQUIREMENTS: All standards and provisions relating to an original zoning district
shall apply, unless otherwise approved as a part of the PUD. All standards may be
modified or waived provided the applicant demonstrates harmony with the purpose of the
PUD and the findings described in Section 13-3- 9 of this chapter. (Ord. 298, 8-4-2004)
13-3-7: APPROVAL PROCESS: An applicant for a PUD shall submit in the
application all of the material required by this chapter. Each PUD requested must adhere
to the following process:
o
A.
Permitted and conditional uses shall follow the Conditional Use Permit
procedures provided in Section 12.lj14-6 of this code to establish the
development standards for the PUD. These uses shall also complete the
commercial site plan process once the Planned Unit Development has been
approved.
B. Applications involving the subdivision of land shall complete a preliminary and
final plat under the procedures provided in Title 11, "Subdivision Regulations", of
this code. (Ord. 298, 8-4-2004)
13-3-8: FEES AND COSTS: Applications for a PUD shall be filed at the office
of the City Planner along with a nomefundable application fee for the approval process
specified in Sections 13-3-3 and 13-3-7 of this chapter in the amount established by the
City Council to defray administrative costs. (Ord. 298,8-4-2004)
13-3-9: FINDINGS REQUIRED: In order for a PUD to be approved, the City
shall frod that the following are present:
A. The proposed development is not in conflict with the goals of the Comprehensive
Plan of the city.
B.
The proposed development is designed in such a manner as to form a desirable
and unified environment within its own boundaries.
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C. The proposed development demonstrates how each modified or waived
requirement contributes to achieving the purpose of a PUD.
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D.
The PUD is of composition, and arrangement that its construction, marketing, and
operation are feasible as a complete unit without dependence upon any
subsequent unit. (Ord. 298, 8-4-2004)
13-3-10: REVISIONS AND AMENDMENTS: Administrative approval of
incidental changes in the PUD may be authorized by the City Planner upon review and
approval by ARC. Such administrative approvals shall not substantially alter the
character of the approved PUD and shall be limited to landscaping (not including
quantity reduction), color schemes (not including materials), association documents,
fencing, entrance monuments and decks. Changes in uses or development/design
standards must be submitted for a full public hearing review process. (Amended Ord.
314,10-4-2005)
13-3-11: DESIRABLE PUD DESIGN QUALITIES: The following design
qualities will be sought in any PUD:
A. Achieves efficiency in the provision of streets and utilities and preserves area to
achieve the elements of design qualities described in this chapter.
B. Provides convenient and safe access for vehicles and pedestrians and all types of
activity that are anticipated to be a part of the proposed development.
o
C.
Provides a buffer between different uses, adjacent properties, roadways, between
backyards of back- to-back lots.
D. Preserves existing stands oftrees and/or significant trees.
E. Provides considerable landscaping treatments that complement the overall design
and contribute toward an overall landscaping theme.
F. Preserves significant usable space on individual lots or through the provision of
open space within the development.
G. Provides an attractive streetscape through the use of undulating topography,
landscaping, decorative street lighting, decorative mailbox groupings, retaining
walls, boulders, fencing, area identification signs, etc.
H. The proposed structures within the development demonstrate quality architectural
design and the use of high quality building materials for unique design and
detailing.
1.
The lasting quality of the development will be ensured by design, maintenance
and use guidelines established through an owners' association. (Ord. 298, 8-4-
2004)
o
-20 -
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13-3-12: APPROVAL OF PLANNED UNIT DEVELOPMENT: The developer
must demonstrate that the amenities and qualities of the Planned Unit Development are
beneficial and in the public interest to allow the development to be approved. A
substantial amount ofthe design qualities identified in Section 13-3-11 of this chapter
shall be found to be present in order to approve a PUD. The amount of amenities and
type of qualities that constitute an acceptable PUD are at the sole discretion of the City
Council to determine. (Ord. 298, 8-4-2004)
3-3-13: Redevelo ment PUDs: A ro e owner ma a I for a
redevelopment PUD for their propertv. if the property meets the criteria outlined in
this section. Such redevelopment PUDs shall onlv be used for lot splits. PUDs on all
other subdivisions shall follow the normal PUD requirements laid out in this
chapter. All provisions of Citv Code chapter 13-3 shall applv to redevelopment
PUDs except for section 13-3-11. A redevelopment PUD mav be permitted if the
subiect property meets the followinl! standards:
A. The existinl! principle structure on thepropertv is at least 30 vears old. or does
not meet current buildinl! codes. or has a blil!htinl! effect on the surroundinl!
neil!hborhood. and will be removed as part of the redevelopment of the property.
H. The houses built on the new lots would be similar in size and architectural
desil!D to those in the surroundinl! neil!hborhood. Architectural plans must be
included in the application for a redevelopment PUD and approved bv the
Council.
o Adopted by the City Council of the City of Andover this 20th day of February 2007.
Attest:
CITY OF ANDOVER .
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P?;/ '/; /:2/ /. I' 4'
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Michael R. Gamache - Mayor
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Victoria V olk - City Clerk
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-21-
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CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Mayor and Councilmembers ~
Jim Dickinson, City Administrator ~
Will Neumeister, Community Development Directorud-.
FROM: Courtney Bednarz, City Plann~
TO:
CC:
SUBJECT: Consider Sketch Plan/Office Development/SW Comer Round Lake Blvd. & 157th
Avenue NW - Planning
DATE: April 17, 2007
INTRODUCTION
The applicant has requested an opportunity to revisit this sketch plan with the Council.
The Council previously reviewed this item at the December 5, 2006 meeting. The applicant has
provided updated materials and a letter to address the Council's comments from that meeting.
These materials and the minutes from that meeting are attached. Comments from the Anoka
Highway Department are also attached. The applicant will be present at the meeting to provide
additional information.
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DISCUSSION
Current Plan
The current plan is substantially the same as the previous plan. An aerial photograph was
included with this submittal to show how the building locations relate to the existing trees on the
site. An adjustment was made to address Council's request that a sketch plan of adjacent
property be provided to show how access could be shared in the future. The current plan
includes a sketch of adjacent property to the west and south to show how this area could be
incorporated to expand the office park in the future. The access scheme would need to be
revised based on the comments from the Anoka County Highway Department.
Access
The attached comments from the Anoka County Highway Department indicate that a single
access to 157th Avenue (CSAH 20) at the west end of the site is all that will be permitted. A
right turn lane will be required for this access. The county will not require, but would support a
bypass lane to protect left turns into the new access. No access to Round Lake Boulevard
(CSAH 9) will be allowed. Additional details are included in the attached comments
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Required Approvals
As previously discussed, the project would require an amendment to the Comprehensive Plan
and a rezoning to change these designations from residential to commercial. The Limited
Commercial Land Use Designation and Limited Business Zoning District would be
recommended to limit the potential future uses of the property to the least intrusive commercial
uses. Please note that a rezoning from residential to commercial will require a super majority
vote from the Council (4 of5 votes).
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Sewer and Water
Municipal sewer and water are not available. The site would need to be serviced by a well and
septic system. There is potential for the site to be served by sewer and water in the future as the
Rural Reserve develops, if the Council elects to design utilities to serve this area. The applicant
has indicated they intend to locate on site utilities to accommodate future municipal service.
Long Range Planning
The property is across Round Lake Boulevard from the Rural Reserve. When this area develops,
Veterans Memorial Boulevard is planned to connect with the intersection at 15ih Avenue and
Round Lake Boulevard. Although land uses have not been assigned within the Rural Reserve,
the east side ofthis intersection was one of the locations discussed as having potential for
commercial or school uses in the future.
Planning Commission Recommendation
The Planning Commission discussed the pros and cons of the proposal in detail at their
November 28th meeting. Some members of the Commission expressed that the proposal may be
premature and some expressed support. The minutes from the meeting are attached.
ACTION REQUESTED
The Council is asked to provide feedback to the applicant and specifically to communicate if
they should pursue the Comprehensive Plan amendment and rezoning necessary to allow the
project to move forward.
Cc: Steve Hage Hage-Wangensteen Corporation 821 Marquette Avenue Mpls, MN55402
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. SUBJECT PROPERTIES
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Hage';Wangensteen
Corporation
1321
Avenue
Minneapolis. Minnesota 55402
612-332-GB713
April 10,2007
Mr. Courtney Bednarz
Oty Planner
Oty of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: La Bella Vita
SWC Round Lake Boulevard and 157'" Avenue NW
Dear Courtney,
We have had an opportunity to follow up on the questions and concerns that the Oty Council had in connection with our proposed
development of the southwest corner of Round Lake Boulevard and 157'" Avenue NW. We offer the following responses and
comments.
In addressing Council member Jacobson's and Councilmember Trude's concern regarding preserving trees, Hage-Wangensteen has
provided an aerial photo overlaying the 3.1 acres at the SW comer of 157'" and County Road #9. As you can see, we have strategically
located the buildings and parking lots to avoid as many trees as possible. The two Western buildings and all the parking lots have been
strategically placed to take advantage of the existing open area. The two remaining smaller buildings to the East were placed adjacent
to the parking field located in the current home location where they would have good visibility from the intersection yet minimize, if not
eliminate, tree loss.
Several Councilmembers expressed concern over access to the site. Along with the city we have received a letter and sketch from the
Anoka County Highway Department that supports access from 157"' Avenue NW with turn lanes and a bypass lane.
Councilmember Jacobson and Councilmember Trude were concerned about the density and impact on neighboring parcels. We have
met with the neighbors and discussed our plans and what their thoughts were concerning future develop of this comer and the impact
it would have on the adjoining parcels. A ghost plan was developed that shows how the comer could be developed in the future if the
commercial zone was expanded beyond the current request. From a density standpoint the neighbors have been vary supportive of our
concept and we find that our building sizes are in some instances smaller than adjacent residences. It is our opinion that we have
provided a plan that is in scale with the neighborhood and based on comments from the neighbors we have the support to advance the
village of building theme.
Councilmember Knight was concerned about the expense surrounding the public and private improvements associated with developing
this site. We have updated our project economics based on the latest set of requirements from the city and county and remain
confident that we can successfully complete this project.
To address Councilmember Orttel's concern regarding the multiple access points along 157'" Avenue NW we would propose that when
the property to the west is developed we could close the current proposed access point and rely on an internal access point with the
parcel to the west as shown on the ghost plan.
We look forward to working with the City Council and neighbors on this project.
Respectfully Submitted,
Steven A. Hage
Chief Executive Officer
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Re lar Andover City Council Meeting
Min es - December 5, 2006 .
Page
Councilmember rude thought the best use for the property would be to combine it.
PUBLIC HEARING -ADO ASSESSMENT ROLL ABATEMENT COSTS/17700 TULIP
STREET NW & 1049 ANDOVE OULEVARD NW
Community Development Director Ne ister stated at the November 8,2006 meeting, the Council
approved the attached resolution calling fo public hearing on assessing abatement costs on the
above properties.
Councilmember Jacobson asked if they have done ev . g they have to do regarding this and they
are clear to assess. City Attorney Hawkins stated they and the Court has approved the costs they
have incurred in this process and they have a judgment fro the court authorizing them to go ahead
with this process.
0, Motion by Orttel, Seconded by Jacobson, to open the public heari
unanimously.
Motion by Orttel, Seconded by Jacobson, to approve the attached resolution pUrsuant to State atute
on the assessment of abatement costs to properties located at 17700 Tulip Street Nw and 1
Andover Boulevard NW. Motion carried unanimously. (RES. R143-06)
No one wished to address the Council.
Motion by Jacobson, Seconded by Trude, to close the public hearing at 8:03 p.m.
unanimously.
.. CONSIDER SKETCH PLAN/OFFICE DEVELOPMENT/SW CORNER ROUND LAKE
BOULEVARD & 157TH AVENUENW .
Community Development Director Neumeister explained the applicant is seeking direction from the
Council on their idea to construct a rural office development.
Councilmember Orttel asked if this is where the loading dock is located. Mr. Neumeister thought
that was correct.
o
Councilmember Trude wondered about the parcels around it and what was surrounding this. She
wondered if one of the parcels is landlocked, especially if this is built upon. The property owner
reviewed what was located around this property.
-!-
o
Regular Andover City Council Meeting
Minutes - December 5, 2006
Page 8
Mayor Gamache stated it seemed to him that having a rural area with office space they would have to
have some type of sewage design made up for these buildings. Councihnember Knight did not think
it would be any different than the school in the area because they have septic also.
The Council discussed access in the area and surrounding properties.
Councihnember Trude stated the only thing she could see fitting into a rural site would be a
corporate campus or headquarters where it is seventy-five percent wooded with grass and
overlooking a pond and the site would be an amenity to whoever is building instead of the trees
being in the way. The only thing she could see as far as commercial would be something that would
work with nature instead of getting rid of it.
Councihnember Jacobson stated in watching the Planning Commission meeting, the applicant did
indicate they wanted to save as many trees as they could. The back part of the lot does not have a lot
of trees but the plot plan shows everything up in front where all the trees are and they will eliminate
basically every tree there to do what they need to do. He has a concern with this. He thought the lot
was larger than it is; he thought it was six acres and not three acres. The County will require some
o turn lanes on lsih to get into the development and that is not cheap.
Ms. Sue Wagenstein, 5045 229lh Avenue NW, St. Francis, stated she and her partner, Steve Haag,
own a real estate development company in the Minneapolis area
Ms. Wagenstein made a presentation to the Council.
Councihnember Knight asked what type of clients they are looking for. Ms. Wagenstein indicated
they would look for professional services and it would be broken down into two or three offices per
building depending on the size.
Councilmember Jacobson stated he was looking at the dimensions on 157th which indicates about
440 feet on the length and he thought the County had a five hundred foot rule. Mr. Berkowitz stated
once 157lh is reconstructed, there would be a median throughout that location which would limit that
access to a right-in, right-out. They may want to up front limit that to right-in, right-out.
Councihnember Jacobson did not think the parcel was large enough to do what they want to do on it.
He would also want to have a neighborhood meeting to see what the residents thought about having
a commercial business come into the area
Councilmember Knight thought they are looking at a horrendous expense for water and other
improvements.
o
Mr. Steve Haag, 4765 Chandler Road, Shoreview, 1viN, reviewed fire suppression systems they have
already discussed and reviewed. He stated they could provide a reservoir under the building or a
centralized tank with a pressured system throughout the area. What they try to do in laying out the
site is place the parking lot where the trees are not and then because this is a sketch plan, they have
-1-
o
Regular Andover City Council Meeting
Minutes - December 5, 2006
Page 9
the opportunity to move the buildings around and relocate them because the reason they selected this
corner is because it is beautifuL They want this to be a collaborate effort; working together to do
something significant at this corner that without a doubt is very difficult to develop. They have
talked to the County and are aware of their requirements. They have talked to the neighbors and he
thought working together as a group and as a community and as they become part of the committee
he thought they could do something that is well thought out and planned and can serve all of them
for quite a long time.
Councilmember Knight asked ifthe Rural Reserve develops and sewer comes in would they want to
stay with the system they have or would they move to the sewer. Mr. Haag stated they located the
sanitary treatment center to the front anticipating that if they did extend those services across County
Road 9 to the west, they would be able to tap into them and if they made the services available, they
would want to take advantage of them.
Staff discussed future sewer expansion to the area with the Council.
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Councilmember Trude stated as she looked at this area, what concerns her most is that they cannot
just take this one parcel and ignore the parcels surrounding it. It would be really important to her
that if they look at any type of rezoning she would want to look at the general region and see how it
fits and how they can buffer the neighborhood and save trees. She thought this is very dense for this
region. She would not consider four buildings at this time. Maybe they would allow one building
until sewer came to the area then they may consider more buildings.
Mayor Gamache thought one of the things they have to look at is that this corner is going to be a very
likely commercial comer. Depending on when the rural reserve moves through, it will probably
change that comer into a commercial property. He did not know if they were at the right point of
time for this development. The buildings look very attractive and there are a number of trees in the
area that will block the buildings to the residential properties to the south. They will have major
issues with the County on lsih and they better be prepared to have enough money to go with a
median and left turn lane. Otherwise they will only be able to do right-in, right-out.
Councilmember Orttel thought the driveway should be on the property line so the property to the
west will have access because the County will not allow each property to have separate accesses.
One thing he likes about this is contrary to most of their busy intersections in their City, this would
stop this comer from having a fast food or convenience store on the corner and this would be a
forever rural type or quiet use area.
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Councilmember Jacobson stated he is not against what they were trying to do. The details are what
will make or break this and he is concerned about the size of the lot and trying to get four buildings
on it, the loss of the trees, the driveway spacing, turn lanes and the extra right-of-way the County is
going to require along 157th. He thought they really needed to look carefully at that.
AUTHORIZE EXECUTION & DELIVERY OF LEASE AGREEMENT (ANDOVER
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. Regular Andover Planning and Zoning Commission Meeting
Minutes - November 28, 2006
Page 2
.. PUBLIC HEARING: SKETCH PLAN TO CONSIDER OFFICE DEVELOPMENT
AT THE SOUTHWEST CORNER OF ROUND LAKE BOULEVARD AND 157TH
A VENUE NW.
Mr. Bednarz stated the applicant is seeking direction from the Planning Commission and
Council on their idea to construct a rural office development.
Motion by Walton, seconded by Casey, to open the public hearing at 7:05 p.m. Motion
carried on a 5-ayes, O-nays, 2-absent (Greenwald, King) vote.
Motion by Walton, seconded by Casey, to close the public hearing at 7:06 p.m. Motion
carried on a 5-ayes, O-nays, 2-absent (Greenwald, King) vote.
Ms. Sue Wagenstein and Steve Haag, Minneapolis Real Estate Developers, stated they
were at the meeting seeking to develop an office complex. She stated they would like to
offer office space at a more affordable rate than what is currently found in the area. She
stated they would like to start off with one office building and have a maximum of four
and to maintain the rural setting of the area.
Ms. Wagenstein made a presentation to the Planning Commission.
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Commissioner Kirchoff noted Ms. Wagenstein indicated she talked to the County and
they thought a right-in/right-out on County Road 9 would be feasible. Ms. Wagenstein
stated that was correct.
Commissioner Kirchoff asked if the County said anything about County 20 and an access
there. Ms. Wagenstein felt the County would want a main access onto County 20 and
would be the best access. She stated they could also consider keeping the access on
County 9 as a fire access.
Commissioner Kirchoff stated in looking at the development, did they feel they were
limited by not having sewer and water there and maybe this site in the future would have
a greater value at a higher intensity. Ms. Wagenstein thought it was partly due to the
septic and well that they would need to install but they have never been developers to
abuse the property. They would like it to be nice and quaint and they could be more
dense if they wanted to but this is what would work for them economically and create a
different setting.
Mr. Steve Haag, 4765 Chandler Road, Shoreview, stated this was option D. They
actually had more square footage on this site on some oftheir earlier options. He stated
they could get more square footage on this property and still provide for sanitation
treatment, storm water ponding and a private well. He indicated they have an opportunity
here to do something that is in keeping in character of the neighborhood and they want to
o take advantage of that so that is why they are presenting this option.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - November 28, 2006
Page 3
Commissioner Kirchoff asked what kind of materials they had in mind for the buildings.
Ms. Wagenstein indicated they would be trying to achieve the Tuscan look indicated in
the latest photographs and that all of the buildings would be one level. Mr. Haag noted
they are trying to be sensitive to the trees that are on the site.
Chairperson Daninger asked if the reason for this site was because of the cost versus
other commercial sites in Andover. Ms. Wagenstein indicated the primary drive and
focus was they were looking for a great site where they could create this type of
environment.
Chairperson Daninger asked if the Rural Reserve did not move forward, would this affect
their intent to move forward. Ms. Wagenstein indicated it would not. They would still
do the septic and well until a future date when there would be utilities. They planned this
into the site so it would be easier to connect in the future.
Chairperson Daninger asked when the sketch plan before them be complete if they were
allowed to build all four buildings. Ms. Wagenstein indicated they would have a lot of it
complete by next fall, at least one or two buildings. Mr. Haag indicated it would depend
on the acceptance by the market, it could be one to four years.
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Chairperson Daninger asked if the parking would be complete as seen or would it grow
with the buildings. Mr. Haag indicated it would grow with the buildings.
Chairperson Daninger stated there was talk about school and commercial property here
when they were discussing the Rural Reserve, would this be the spot they discussed. Mr.
Bednarz stated it could actually be on the east side of Round Lake Boulevard in the Rural
Reserve itself.
Commissioner Kirchoff asked if the parking would serve retail as well as office. Ms.
Wagenstein indicated they would not provide retail in this development. They were
looking for professional services such as accounting, dental, etc.
Commissioner Holthus asked how tall the office buildings would be. Mr. Haag stated
they would all be one story buildings.
Chairperson Daninger wondered if the Commission thought the office buildings fit in this
area of the City.
Commissioner Kirchoff stated at face value, looking at the photos, County Road 20 and
County Road 9 will be busy in the future. He thought this was a little premature but not
out of character.
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Commissioner Holthus thought the development looked very attractive but there is the
question of when the Rural Reserve will be developed and when utilities will be
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Regular Andover Planning and Zoning Commission Meeting
Minutes - November 28, 2006
Page 4
available. She thought this may be out of character for some time until the Rural Reserve
is developed. She did not know if this was the right place for it.
Commissioner Casey thought it has a lot of good potential especially with the Rural
Reserve across the street and eventually coming. He thought this might be a good pace
setter for the whole Rural Reserve area once it does come in. He stated right now the
area is very underdeveloped and across from the Andover Industrial area which is in bad
need of some sort of development.
Commissioner Walton stated he struggled with the location being that close to residential
but they are acreage properties there and it is a busy intersection and will be difficult to
put a residential property there. He felt the corner is not residential and should be
commercial of some type. He was not certain if office was the best fit for the space but
the appearance may blend in better with the residential than any other square pointed
building might.
Chairperson Daninger stated if this was allowed, he wondered if anyone would have an
issue with the sketch plan, Alternative D.
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Commissioner Holthus asked what the tree preservation plan would be. She thought
according to the sketch plan a lot of trees would have to go. Chairperson Daninger
thought a lot would have to go because of the pavement and the buildings and storm
pond.
Commissioner Kirchoff stated he was concerned that if a really intense development were
proposed, it would not have good access because of its proximity to the intersection,
which he expected to carry even more traffic in the future. He liked the lower intensity of
the proposed development because the access is limited. He supported this on the site
itself because he considered this to be relatively low intensity.
Chairperson Daninger thought the underlying guidance is that it may be premature. If it
was closer to some other things, the sketch plan might be doable other than the fact they
would want a little more detail. His guidance is this is not a no, but their concern is it
may be too early. There are a lot of restrictions. He thought if they were going to vote it
would be a no but maybe as they move forward of the Rural Reserve development gets
closer, it may be a yes. That could be six months or five years. They may struggle if
they see this and probably if they had to make a recommendation, he was sensing it
would be a vote for no.
Mr. Bednarz stated that this item would be before the Council at the December 5, 2006
City Council meeting.
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COUNTY
OF ANOKA
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304-4005
(763) 862-4200 FAX (763) 862-4201
RECEIVED
March 19,2007
MAR 2 2 2007
Courtney Bednarz
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
CITY OF ANDOVER
Re: Site Plans
Hage-Wangensteen Office Site Plan and
La Bella Vita Office Development Ghost Plan
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Dear Courtney:
We have reviewed the Hage-Wangensteen Office Site Plan and the La Bella Vita Office Development Ghost Plan,
to be located in the southwest quadrant of CSAH 9 (Round Lake Boulevard) and CSAH 20 (157th Avenue NW)
within the City of Andover, and I offer the following comments:
The existing right of way should be adequate adjacent to CSAH 9 for future reconstruction purposes (required =
60 feet of right of way west of centerline CSAH 9), and an additional 27ft of right of way will be required
adjacent to CSAH 20 for future reconstruction purposes (required = 60 feet of right of way south of CSAH 20
centerline). It is possible that additional easements in the form of permanent traiVutility easements may be
required at some point in the future beyond the existing 60ft of right of way adjacent to CSAH 9 and CSAH 20,
dependent on future needs. The right of access along CSAH 9 and CSAH 20 should be dedicated to Anoka
County with exception for any approved access points.
We have evaluated the Intersection Sight Distance requirements for the proposed access locations on CSAH 9
within the boundaries of this plat, and it appears that/here are deficiencies for the Case I requirements at all
existing and proposed access locations, some of which are severe. The Case I Sight Distance obstructions are
primarily trees. If the City approves the development, the City/Developer shall ensure that clearing and/or
grading is completed to satisfy the Case I requirements to the fullest extend possible at all approved access
locations. Please note no signs or plantings will be permitted within the county right of way, and care must be
exercised when locating signs, plantings, buildings, berms, etc. outside of the county right of way so as not to
create any new sight obstructions.
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As proposed these developments would add (4) additional access points onto the county highway system, which
is not desirable or acceptable from a county highway standpoint. CSAH 9 is a high speed arterial roadway
carrying in excess of 11,600 vehicles per day. While it is a 2-lane undivided roadway presently, CSAH 9 is a
probable candidate to become a future 4-lane divided roadway. The proposed access points onto CSAH 9 do not
meet the access spacing guidelines. Additionally, the access locations would not allow for a standard right turn
lane construction, and do not meet Intersection Sight Distance Requirements. The intersection of CSAH 9 and
CSAH 20 was recently reconstructed to include standard turn lanes, painted median channelization and a traffic
signal. The purpose of the recent reconstruction was to address the incidence of accidents that was occurring at
Affirmative Action / Equal Opportunity Employer
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Courtney Bednarz
March 19, 2007
Page 2
the intersection. The addition of full access points onto the routes will have a negative effect on the safety,
integrity and operation of the intersection. Safety issues and the incidence of crashes are a direct result from
turning maneuvers on roadways. With increasing traffic volumes and congestion, the importance for limited
access to county highways cannot be overstated. The proliferation and inappropriate spacing of access points
reduces a roadway's capacity and safety. Limiting access is critical in minimizing highway congestion, and is
the single most important factor in reducing crashes on highways. Consequently, this site plan is to be
reconfigured to remove the direct access onto CSAH 9, having one access point on CSAH 20. Although not
currently programmed, CSAH 20 will likely also have raised median channelization in the future at the
intersection of CSAH 9, and access for this development would someday become right in/right out (RI/RO).
The City should consider the creation of or planning for frontage or backage road connectivity to the local street
system to provide alternative access for this development to the county highway system.
The construction of an EB CSAH 20 right turn lane will be required to be completed in conjunction with this
development. If the City of Andover has concerns regarding WBCSAH 20 left turn maneuvers for this
development in the interim until a raised median is constructed on CSAH 20 at some point in the future, we
would be supportive of the construction of a WB CSAH 20 bypass lane. For your information and use, we have
prepared a concept plan depicting the right turn lane and bypass lane construction. Costs for design and
construction ofthis turn lane shall be the responsibility of the City and/or the Developer. Access permits and/or
permits for work within the county right-of-way will not be issued without a minimum of standard right turn
lane construction on CSAH 20 in conjunction with this development.
Detailed drainage calculations must be submitted along with a grading and erosion control plan that delineates
the drainage areas for this site. The post-developed rate/volume of runoff shall not exceed the pre-developed
rate/volume of runoff for the 10- Year critical design storm. An engineering plan review fee will apply to this
project (EB CSAH 20 RTL = $350.00; WB CSAH 20 bypass lane = $500.00). Please contact Andrew Witter,
Construction Engineer, for questions regarding the engineering plan review process.
It should be noted that new developments adjacent to highways usually results in complaints regarding traffic
noise. Traffic noise at this location could exceed Noise Standards established by the U.S. Department of
Housing and Urban Development, and the Minnesota Pollution Control Agency. Anoka County Policy
regarding new developments adjacent to existing County highways prohibits the expenditure of highway funds
for noise mitigation measures. The City and/or Developer should assess the noise situation and take any action
deemed necessary to minimize associated impacts at this site from any traffic noised.
A permit for work within the county right of way is required and must be obtained prior to the commencement
of construction. License Permit Bonding, methods of construction, design details, work zone traffic control,
restoration requirements and follow-up inspections are typical elements of the permitting process. The access
construction and site work for this development may likely cause the relocation or adjustment of existing ACHD
traffic signal conduit and hand holes located along CSAH 20. Grading and construction operations on this site are to be
coordinated and completed according to our standards in conjunction with permit process, and the developer shall be
responsible for all ACHD traffic signal related costs incurred. Contact Terri Klein, Permit Technician, for further
information regarding the permit process. Installation of any necessary permanent traffic control devices within
the County Right-of-Way for this proposed development will be coordinated, installed, and maintained by the
Anoka County Highway Department as part of the permit process.
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o Thank you for the opportunity to comment. Feel free to contact me if you have any questions.
Sincerely,
~~
Jane Rose
Traffic Engineering Manager
xc: CSAH 9 + CSAH 20/Plats/ 2007
Randy Bettinger, Traffic Engineering Coordinator
Josie Scott, Traffic Engineering Technician
Terri Klein, Permit Technician
Mike Kelly, Chief Right-of-Way Agent
Larry Hoium, County Surveyor
Tom Hornsby, Traffic Services Supervisor - Signs
Andrew Witter, Construction Services Engineer
Al Bradford, Traffic Services Supervisor'- Signals
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CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule EDA meeting
DATE: April 17, 2007
INTRODUCTION
The Council is requested to schedule an Economic Development Authority (EDA) meeting at
6:00 pm before the May 1, 2007 City Council meeting.
DISCUSSION
Tentative agenda items for an EDA meeting have been identified as follows:
1. Update on Economic Development Activities
2. Purchase Agreement Progress Reports
3. Review Jay Street/Andover Station North Assessments
4. Other Business
Other items may be added upon request, or the meeting will be cancelled if no new
information comes forward on the identified agenda items
ACTION REQUIRED
Schedule an EDA meeting at 6:00 pm before the May 1, 2007 City Council meeting.
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{ij)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
/151
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule May Council Workshop
DATE: April 17, 2007
INTRODUCTION
The Council is requested to schedule a Special Council Workshop for the month of May for a
number of miscellaneous business items.
DISCUSSION
Potential agenda items for a May workshop have been identified as follows:
1. Comprehensive Plan Update Discussion
2. Subdivision Code Update Discussion
3. 2008-2012 CIP & 2008 Budget Progress Report
4. Railroad Quiet Zones/Way Side Horns Update
5. 2007-2008 Council Goals Discussion
Other items may be added upon request.
ACTION REQUIRED
Schedule a Council Workshop, a suggested date is Tuesday May 22nd or another date acceptable
to the Council.
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@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Administrator's Report
DATE: April 3, 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:
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1. Administration & City Department Activities
2. Update on Development Activity
3. Update on Public Improvement Projects
4. Meeting Reminder - Public Works Workshop
5. Meeting Reminder - Joint meeting with Planning & Zoning
6. 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.
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