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Home My WebLink AboutCC October 2, 2007 o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, October 2, 2007 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Badge Presentations - Fire Department Agenda Approval 1. Approval of Minutes (9/18/07 Regular Meeting) Consent Items 2. Approve Payment of Claims - Finance 3. Declare Cost/Order Assessment Roll/07-2/2007 Overlays - Engineering 4. Receive Assessment RolllWaive Public Hearing/Adopt Assessment Roll/07-27/14124 Crosstown Boulevard NW /SS & WM - Engineering 5. Receive Assessment Roll/Order Public Hearing/05-11ITulip Street NW - Engineering 6. Receive Assessment Roll/Order Public Hearing/06-20AlMeadow Creek Christian School Turn Lane Improvements - Engineering 7. Approve Resolution Amending Joint Powers Agreement/Creation of Lower Rum River WMO & Ratifying the Act Thereof - Engineering 8. Approve Amendment/Joint & Cooperative Agreement for the Establishment of the Lower Rum River WMO to Plan Control & Provide for the Development of the Lower Rum River WMO - Engineering 9. Extension of Liquor License to Include PatiolTanners Station, Cont. - Clerk 10. Approve Sketch Plan Application - Planning 11. Approve Amendment to City Code 9-l/Adopt Chapter 1306 (Option 2) - Building 12. Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2007 Delinquent Utility Service Charges, Mowing Fees and False Alarm Fines - Finance Discussion Items 13. Hold Public Hearing/Adopt Assessment Roll/06-37//161 51 Avenue NW & Crane Street NW/Intersection Improvements - Engineering 14. Consider Preliminary PlatIWoodland Hills/Ward Lake Drive NW (continued) - Planning 15. Consider Lot Split/321 0 Bunker Lake Blvd. NW /Riverdale Assembly of God - Planning 16. Consider Conditional Use Permit/Outdoor Storage/3l18 - 162nd Lane NW - Planning 17. Consider Agreement with Anoka Conservation District for Natural Resource Inventory - Planning 18. Consider No Parking/148th Lane NW/Prairie Knoll Park/03-l - Engineering Staff Items 19. Update of Park Comprehensive Plan - Planning 20. Schedule EDA Meeting - Administration 21. Administrator's Report - Administration o Mayor/Council Input Adjournment o o o 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Dan Wmkel, Fire Chief J). J . SUBJECT: Badge Presentations for New Firefighters DATE: October 2, 2007 INTRODUCTION The fire department has four new firefighters who have successfully completed all of the requirements for their probationary period. The new members and families will be present at the October 2, 2007 City Council meeting to receive their badges. DISCUSSION The fire department would like to introduce the newest members to the Mayor and City Council as well as the residents of Andover. All four of the new firefighters have performed above expectations during their probationary period. The new firefighters have all completed the requirements as outlined in the fire department probationary guidelines and continue to seek additional fire service training. The newest members include: Mike Fischer - assigned to Station #3, works in heating and air conditioning. Mike and his wife Jennifer live in the station #3 service area. Kevin McNallan - also assigned to respond to station #3, works for Anoka County in the I.T. department. Kevin's wife Franny is the Administrative Assistant for the City of Ramsey Fire Department. They also live near fire station #3. Ken Range - is a Corporate Pilot for a little known company called General Mills. Ken has recently completed his training with the company jet and will be flying staff soon. Ken, his wife Renee and family also live in the station #3 response area. Curt Weber - Curt is assigned to respond to station #1. Curt is a Paramedic for Allina and lives near station #1. Curt recently completed his first sky dive and plans to pursue sky diving as a hobby. Recommendation The fire department staff is recommending that the Mayor and City Council acknowledge the newest members of the fire department who have successfully completed the training required during their probationary periods. The Mayor is also asked to assist with the presentation of badges to the firefighters. o o o b:Y~)j Dan Winkel, Fire Chief CITY OF NDOVE (j) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator ./ FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: October 2, 2007 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: () September 18, 2007 Regular Meeting DISCUSSION Attached are copies of the minutes for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, {l:L'{)~ Vicki V olk City Clerk o o o o Regular Andover City Council Meeting Minutes - September 18, 2007 Page 15 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES ~ SEPTEMBER 18, 2007 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH.............................. 1 RESIDENT FORUM ................................................................................................................. 1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MINUTES......................................................................................................2 CONSENT ITEMS Approve Payment of Claims ................................................................................................. 2 Resolution R127-07, declaring Costs/Order Assessment Roll/07-27/14124 Crosstown Boulevard NW/SS & WM .............................................................................................. 2 Resolution R128-07, declaring Cost!Order Assessment Ro1l/05-11/Tulip Street NW........ 2 Resolution R129-07, declaring Cost!Order Assessment Roll/06-20A/Meadow Creek Christian School Turn Lane Improvements .....................................,.............................. 2 Resolution R130-07, receiving Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/07-35/13817 Jay Street NW (Thurston DeShaw Funeral Home)/WM................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Received................................................................................................................................ 2 CONSIDER REVISED LANDSCAPING PLAN/MOSQUITO CONTROL EXP ANSION/ 1280 BUNKER LAKE BLVD NW Motion to approve................................................................................................................. 3 CONSIDER CITY CODE AMENDMENT/ESTABLlSHING INTERIM PERFORMANCE STANDARDS/HUGHS- WESTVIEW INDUSTRIAL PARK AREA (CONT.) Motion to Approve (ORD. 353)............................................................................................3 CONSIDER CONDITIONAL USE PERMIT/RETAIL SALES IN INDUSTRIAL DISTRICT/3131-161sT AVENUENW Motion to approve (R131-07) ............................................................................................... 4 CONSIDER PRELIMINARY PLAT/WOODLAND HILLS/W ARD LAKE DRIVE Motion to table ..................... ............................................................................................ ..... 5 CONSIDER CITY CODE AMENDMENT/5-1 ANIMAL CONTROL Motion to approve (ORD. 354).............................................................................................9 CONSIDER CITY CODE AMENDMENT/TITLE 11 SUBDIVISION REGULATIONS Motion to approve (ORD. 355)............................................................................................. 11 APPROVE EXTENSION OF LIQUOR LICENSE TO INCLUDE PATIO/TANNERS STATION Motion to table ................. ........ .............. .... ........................................................................... 13 SCHEDULE OCTOBER EDA MEETING ............................................................................... 13 SCHEDULE OCTOBER WORKSHOP MEETING................................................................. 13 ADMINISTRATOR REPORT .................................................................................................. 14 MAYOR/COUNCIL INPUT November Elections ....................................................................................................... ....... 14 Outdoor Patios ................ .................... ............................................. .......................... ........... 14 ADJOURNMENT...................................................................................................................... 14 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 022 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 044 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 18, 2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Acting Mayor Ken Orttel, September 18,2007,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Gamache, Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, Scott Baumgartner Director of Public Works/City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others Councilmember absent: Also present: PLEDGE OF ALLEGIANCE PROCLAMATION -DOMESTIC VIOLENCE AWARENESS MONTH Acting Mayor Orttel proclaimed October to be Domestic Violence Awareness Month. He read the proclamation. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mayor Gamache arrived at 7 :08 p.m. Remove from Consent Items for discussion Items 7, (Approve Extension of Liquor License to Include Patio/Tanners Station). Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 2 APPROVAL OF MINUTES August 28, 2007, Workshop Meeting: Correct as written. Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried 4 ayes, 1 present (Jacobson). September 4, 2007, Regular Meeting: Correct as written. Councilmember Jacobson indicated there was a typo on page 3, line 24, the word should be was and not waas. Councilmember Jacobson thought the sentence on line 25 should be corrected to read "Mr. Berkowitz stated ifhe Vlel'e te sell the first lot off to at the point of subdivision, when he then ei'eates twe new lots, through that pm cess he Mr. Allen will need to come forward with a variance request through the platting eft;he tv.'e Hew pareels process." Councilmember Trude stated on page 6 there is an extra word on line 13, "is" should be struck and on line 10, the CPI refers to the Consumer Price Index and that is the level the budget is set to mcrease. Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Approval of Claims Declare Costs/Order Assessment Roll/07 - 27 /14124 Crosstown Boulevard NW /SS & WM (See Resolution R127- 07) Declare Cost!Order Assessment Ro1l/05-11/Tulip Street NW (See Resolution R128- 07) Declare Cost!Order Assessment Roll/06-20A/Meadow Creek Christian School Turn Lane hnprovements (See Resolution R129-07) Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/07- 35/13817 Jay Street NW (Thurston-DeShaw Funeral Home)/WM (See Resolution R130-07) Item 4 Item 5 Item 6 Motion by Trude, Seconded by Knight, approval of the Consent Agenda as read. Motion carried 4 ayes, 1 present (Jacobson). RECEWE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Sergeant Cryer, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 O 39 40 41 42 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 3 Councilmember Jacobson stated there was a large increase in traffic arrests this month from last month and he wondered if there is a reason for that. Sergeant Cryer stated he did not know and would have to do some research but it may be because of the DWI Task Force when they are out doing enforcement they are making a lot of traffic stops and issuing citations based on the traffic stops. Councilmember Orttel stated a few years ago they had problems with home burglaries. Several were mentioned and he wondered if there is a problem again. Sergeant Cryer stated in looking through the reports, it does not look like they are connected in any way but he would have to do more research on this. He noted the burglaries were done by juvenile males. CONSIDER REVISED LANDSCAPING PLANIMOSQUITO CONTROL EXPANSION/1280 BUNKER LAKE BLVD. NW Community Development Director Neumeister explained the Council approved the conditional use permit amendment with the condition that a revised landscaping plan be brought back for approval. Councilmember Trude stated when they drive by there the area that is really mowed down is the area where a trail is going in for the maintenance facility for the County, not this facility. She stated this facility has a substantial amount of landscaping already but she thought having some of the evergreens by the parking lot will help with screening. She does not have any problems with this site. Councilmember Jacobson stated the additional trees outside of the parking lot area are not part of the property that the Mosquito Control District is leasing and it looks like the trees are going on the property owned by Anoka County. He wondered if Anoka County has agreed to the placing of the trees according to this plan. Mr. Richard Gager, Consulting Engineer and Owner representative for the Mosquito Control District, stated they have spent extensive time with the Parks Department as far as this landscaping plan is concerned and they are in agreement with the plan. Councilmember Jacobson wondered if it is up to the Mosquito Control District to keep them watered so they will survive or will the Park Board do that. Mr. Gager thought that they will cooperate with the County in maintaining a proper watering of the trees and shrubs. Motion by Orttel, Seconded by Knight, to approve the revised landscaping plan. Motion carried unanimously. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 4 CONSIDER CITY CODE AMENDMENT/ESTABLISHING INTERIM PERFORMANCE STANDARDS/HUGHS-WESTVIEW INDUSTRIAL PARK AREA (CONT.) Community Development Director Neumeister stated the City Council continued this item at their September 4th meeting, directing staff to make some changes to sections C and D. Councilmember Trude indicated she sawall of the changes she requested in this report and it is very clear about what standards can be adjusted, the reasons they can use to adjust them. Councilmember Knight asked if there were any requirements for existing businesses to upgrade. Mr. Neumeister stated they would be grandfathered in so that if they were to come in and ask for a change, then they would be subject to the standards at that time. Councilmember Jacobson stated he has a minor wording change. On page 3, Subdivision 2A, it reads "existing and future appearance of the building and site", so they can consider what it looks like now and then what the plan is to change the site. Councilmember Orttel did not know if that made sense because he thought they were looking at the existing so they know how to change it. Councilmember Jacobson stated if they are planning to come in to change the outside of the structure, staff wants to consider what they are doing. Councilmember Trude thought it made more sense to put it under item D. City Attorney Baumgartner thought Item 4 was a catch all provision and if they insert appearance and start making limitations, they might exclude something else by becoming too definitive. He thought with Item 4 as written is a catch all and would afford the opportunity for what the new appearance would look like in consideration by the Council. He thought it was better to broad. Motion by Trude, Seconded by Knight, to approve the proposed code amendment and summary ordinance. Motion carried unanimously. (ORD. No. 353) CONSIDER CONDITIONAL USE PERMITIRETAIL SALES IN INDUSTRIAL DISTRICT/3131-161sT A VENUE NW Community Development Director Neumeister stated the applicant wishes to operate a retail feed store in an existing building located in an industrial zoning district. Councilmember Trude wondered if there is any space behind the building. Mr. Neumeister stated there is a paved surface behind the building. Councilmember Trude indicated she would like to see the trash enclosure behind the building. Mr. Neumeister reviewed the improvements the applicant planned to make to the property. Mr. Kevin Peterson, applicant, stated they have a lot of big dumpsters at the turkey farm they own o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes-September 18,2007 Page 5 and he indicated they will probably leave the garbage in the back of the store inside and bring over a dumpster when needed. They will not have a dumpster at the site. Councilmember Jacobson stated what they are granting is the ability to have outside sales on an extremely large lot which includes not only the store being discussed but also the liquor store and the rest of the lot. If something were built with a CUP, it would include the entire property. Mr. Peterson stated the only retail he will have will be underneath the overhang. Councilmember Jacobson understood that but the CUP will cover everything on the parcel and not just the feed store. He thought they should just restrict this to the feed store and not the liquor store or rest of the property. Councilmember Orttel thought if they granted outdoor sales and storage to this business, it would not include the other properties in the park. Councilmember Jacobson stated this is one property listed with one ownership and it covers the entire parcel including the liquor store. Councilmember Orttel thought if they limited the sales to what this business is selling, it would solve the problem. Councilmember Jacobson thought they could limit the use to this part of the property only, which would solve the problem. Mr. Dickinson stated they can attach the document on page 7 to the CUP and reference that parcel B would be the only one they are considering it for. Councilmember Jacobson thought that would allow too much area. Councilmember Orttel thought page 6 would cover it 3?d they could show the easterly portion of the building referencing Item 6. Councilmember Trude did not want to defeat the purpose of what Mr. Peterson is trying to do because what he wants to do is the same thing that the gas stations in their city are doing. Motion by Orttel, Seconded by Jacobson, to approve the proposed Conditional Use Permit subjectto the conditions of the attached resolution and referencing item six in the agenda and note that this only applies to the western portion of the 2,000 s.f. building. Motion carried unanimously. (RES. RB1-07) CONSIDER PRELIMINARY PLAT/WOODLAND HILLS/WARD LAKE DRIVE Community Development Director Neumeister stated the Council is asked to review a plat containing five rural lots. The Council previously reviewed a sketch plan for this project on June 20, 2006. Mr. Neumeister stated there is a variance for cul-de-sac length and there are a couple of costs incurred for the stub street. They will be covered in a development agreement and also the cost of the future culvert. He thought it was pretty clear what the City is asking for and it is in the resolution of approval stating those things must be done. Mr. Neumeister stated another point they will need to debate is the property to the south has a limited amount of access currently. The site is surrounded by flood plain however there is a limited amount of upland area adjacent to the south edge of the plat and can be split to allow two o o c Regular Andover City Council Meeting Minutes - September 18, 2007 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 rural lots. This affects the existing plat because there will be a need for some additional variances to the lot size requirements for the two lots at the end of the cul-de-sac. Another change would be that the proposed cul-de-sac would not be built but a temporary cul-de-sac would be at the south edge of the property so it could be extended to the adjoining property. The Council and staff reviewed the cul-de-sac issues along with possible problems with the adjoining property being able to develop. Mr. Neumeister stated that a lot of what is being talked about is subject to someone demonstrating that this land is buildable and they do not know at this time if it is two buildable lots. If it is not buildable, they would not need to extend the cul-de-sac and if it is one parcel, there is already an access and he did not know if they would need to develop an access to that beyond what is already there. He stated this is very unusual. Mr. Neumeister stated another point is future street improvements for Ward Lake Drive. He reviewed this with the Council and stated instead of having the developer pay for a portion of Ward Lake Drive to be built to an urban street section at a later time, staff is recommending they build the entire street section as a part of this plat and the City Attorney has concurred that this could be a requirement that either a dollar cost be established for half of those improvements to be paid into a fund to be held in escrow until the road is improved, or they must build the road improvements the full width of Ward Lake Drive across the frontage of their property which would be on the order of$30,000. Councilmember Jacobson stated going back to the extension of Zilla Street to the north, the drawing indicates that does not go to the edge of the property because of the culvert and everything that would have to be in place but since it does not go all the way to the end, if the property to the north develops in the future, who would be responsible for making that connection. Mr. Berkowitz stated the road would be held short of the ditch line and they will collect an escrow for the extension of the roadway and half the culvert costs. Mr. Neumeister stated this was shown on page six, condition four. Councilmember Trude wondered if this is part of their transportation plan or is this ghost platting and they are assuming the other area is developable. Mr. Berkowitz stated in this case, they know the northern area is developable. Councilmember Orttel wondered what the distance is from the westerly cul-de-sac to the property line. Mr. Neumeister thought it is about 160 feet. Mr. Berkowitz stated they have to take into consideration the cul-de-sac begins at the T location and is measured from there so it exceeds the distance by quite a bit. Councilmember Jacobson stated on lot two it looks like the primary and secondary septic system encroaches up into the right-of-way for the cul-de-sac. Mr. Neumeister stated it is in the setback area and out of the right-of-way. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 7 Mayor Gamache wondered if it would be possible to do something similar with the road heading south. Mr. Berkowitz stated they could. It is a little longer than normal but is a possibility. Mr. Joel Larson, developer, stated by extending the cul-de-sac out to the property line will make the lot smaller and decrease the value. They are not cul-de-sac lots anymore, which will decrease the value, and they are also trying to make him pay for the extension out to the street. This is a five lot project and pretty soon it will not be worth doing and they are getting pretty close to that point right now. They went through a lot of hoops to get this past FEMA and that took six to eight months. He wondered if they will have to wait for the other two lots. Councilmember Knight wondered what the difference in value is for a non-cul~de-sac lot versus one on a cul-de-sac. Mr. Larson thought it is around $20,000 a lot plus the size difference. Councilmember Jacobson wondered how serious the property owner is to the south to put this in now with this development. Mr. Larson stated Mr. Kuiken was at the meeting and was talked to and Mr. Kuiken does have people going out to do soil tests this week and surveying and delineations and he wants to meet that ten day period. Mayor Gamache stated they are looking to make the road look like what is already there. Mr. Larson thought when the road is slated to be improved they should assess the lots that are there for the amount of the improvements like they do with other neighborhoods instead of making him escrow an amount until the road is improved. Councilmember Jacobson wondered what the escrow amount is for the extension from Zilla Street to the north. Mr. Berkowitz stated that has not been determined. Councilmember Trude wondered if it would make more sense to put this cost on the property owner next door because they will need the culvert and Mr. Larson will not. Mr. Berkowitz stated regarding the culvert and sharing of the costs, this will be their future secondary access location to the development and also their plat boundary does go through the center of the ditch. Councilmember Trude thought it is really hard to look at the rural areas to do the ghost platting when there are homes there and people are living in them because they have to presume a lot of things. Mr. Dave Nash, McCombs, Frank Roos and Associates, stated on the ghost plat they put together, they had the road curving to try to avoid the existing home, not knowing whenever they developed if they are going to leave the house or get rid of it so that is why the curve was put in there. Mayor Gamache understood from his letter that he is looking to see ifhe has some buildable areas on the property and he wondered if they have someone coming out to check on this. Mr.. o 1 2 3 4 5 6 7 8 9 10 rI 12 13 14 15 16 17 o ~~ 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 8 Jim Kuiken stated that is correct. He was made aware of this development about two weeks ago by a City staff member. He attended the Planning and Zoning Commission meeting and since that meeting has taken immediate action to do what he needs to do to provide the information the Planning Commission is looking for. He stated they are not developers; they are sod farmers and are being asked to spend a significant amount of money up front, which means within the next ten days. They are looking at spending ten to fifteen thousand dollars to prove they can build on this land. He is meeting with engineers, surveyors and wet land delineation is being done on Wednesday. He is very proactive and wants to remain that way. He does not want to stall Mr. Larson's project by any means and he wants to be very cooperative but if they have buildable land and this is their only access to that property he would have to say at this point they would have to hold up Mr. Larson's development until he can get that information to the City. Mayor Gamache wondered if Mr. Kuiken knows for sure ifhe has two buildable lots. Mr. Kuiken indicated they had a surveyor out on Monday. The Council discussed further with Mr. Kuiken the issues regarding his property and the proposed development before them. Councilmember Trude stated she would like to see them act on extending the cul-de-sac stub but she wants to make sure Mr. Kuiken has time to figure out how many lots and she did not think ten days was that much time. She wondered if thirty days might be more appropriate and they just build it into a condition of approval. Mr. Kuiken stated he is meeting with everyone tomorrow and if the Council wants to grant a longer period of time that would be fine but he did not want to hold up Mr. Larson an):' longer than necessary. Councilmember Jacobson stated he still has concerns about the road going to the south but he would like to approve the proposed plat and to modify the attached resolution as necessary to reflect the consensus of the council on the various issues described in the report. Under item four they should change the wording so that it reads "The developer shall be responsible for the escrowed costs of eXtending Zilla Street NW to the north edge of the plat to provide a second access to the proposed development to the north. This responsibility shall be included in the development contract and in addition item nine, the Council will determine at the meeting on October 2, 2007 whether or not an extension to the south property line will need to be made or not" . Councilmember Trude stated under item seven regarding proportional payment for road improvements, she would like them to be accurate on that and see them connect from the finished pavement to that entrance or across the property line and divide amongst all the lots that can happen on this road. Councilmember Jacobson stated the $10,224 amoUnt would be divided further if more lots could be put in. Mr. Dickinson stated Mr. Larson indicated he would extend until October 3,2007. They could act on this October 2nd rather than approving a resolution with a condition, information could be gathered and the resolution could have the information in place for the October 2nd meeting. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes-September 18,2007 Page 9 Council consensus was to table this item to the next meeting. Councilmember Trude thought between the five lots and the other two or three they should be able to pave the entire road of Ward Lake Drive. Mayor Gamache stated the ordinance says they only have to pay for half because the $10,224 only pays for half. City Attorney Baumgartner stated he would concur with Mr. Dickinson and gather information in order to make a decision on October 2, 2007. Councilmember Trude asked staff to provide them with option A or B on the road and get better information on what their legal requirements can be. She stated her personal preference would be the extension from existing pavement to the edge of property if that is legally allowable. She thought it would help all of the people market their lots if the road was paved and if it is divided amongst eight lots it will be more affordable than it would be with five lots. Councilmember Jacobson indicated he would prefer the escrow money. Motion by Councilmember Knight, Seconded by Trude, to table this item until the October 2, 2007 City Council meeting. Motion carried unanimously. CONSIDER CITY CODE AMENDMENT/5-1 ANIMAL CONTROL Community Development Director Neumeister stated based on input from a resident and a number of City Council and Planning Commission meetings and workshop sessions, staff has drafted changes to the City's animal control code. Councilmember Orttel wondered if they are concluding that an electronic fence is considered an enclosure. Mr. Neumeister stated that was discussed at the Planning Commission and they concurred with the conclusion that the definition as written would allow people to call electronic fencing proper restraint. Mayor Gamache did not think their discussion was whether or not an electronic fence was an enclosure. Councilmember Trude stated they talked about the definition of restraint and they do not have a requirement that dogs need to be restrained; they just have a requirement that dogs do not run at large. Mr. Neumeister stated the Planning Commission decided if an electronic fence is working it is a proper restraint. He thought the Planning Commission felt they did not want to add additional language to require that to be called out in the ordinance so it is silent on the issue. Councilmember Knight stated he wants to discuss enclosures. He stated an enclosure does two things - it keeps things out and in. An electric fence does one but not the other. An electric fence is not regulated on where the Wire can be installed and he thought that was a substantial issue.dHe stated it would seem to him that if they were to sayan electronic fence is appropriate they would have to have some discussion as to where it would be. Councilmember Trude agreed. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 10 Mayor Gamache reviewed what a restraint is and indicated they need to decide if they want to make any changes to the verbiage. Councilmember Jacobson stated they could add wording indicating "Electronic fencing shall not be considered a proper enclosure or restraint." Councilmember Orttel did not agree with that. Mayor Gamache stated if they reword this, they will need to change things in the current ordinance. Mayor Gamache did not think they could specifically state that electronic fences do not work because of the fact that they do not have any other restraint in their ordinance so unless they want to change to something like Bloomington has it would not work unless they add restraint to their ordinance. Councilmember Knight thought they may need to indicate in the ordinance that either a dog has to be in an enclosure or under the immediate supervision of the owner outside with it. Councilmember Trude thought the issue she has is that ninety percent of the people buy a dog that is good with children and then there is a small percentage of people who buy dogs to protect their property so she did not know if they should go so far as to say that all of the passive dogs should not be allowed to use electronic fences when they are not a threat to everyone in the neighborhood. Councilmember Knight stated he would hesitate getting into the breed discussion because in his opinion, dogs reflect their owners and a responsible owner does not have problems. He stated he would hate to see a child get hurt by allowing dogs to run free in their yard. Councilmember Trude state another approach is some dogs should not be in an electronic fence and homeowners do not know this. She asked the individual if they want to take it to the State Legislature to see if their community can regulate some of the dogs that have a propensity to bite and not let go and that is an approach she is willing to take. The State indicates the City cannot distinguish dog breeds. Councilmember Orttel thought it is the way a dog is trained and not the breed. Councilmember Knight suggested the dog be in an enclosure unless the dog is Wlder the immediate control of the owner, which means the owner is present. Councilmember Jacobson stated in the rural areas where they have 2.5 and 5 acres that is not the case. This may be the case in the R-4 areas but would not pertain to the entire City. Councilmember Orttel wondered if the dog in question comes under the potentially dangerous dog category. Councilmember Trude thought it would. Mayor Gamache stated he has a problem with this because he lives by the property in question and he has not heard the dog barking and he has walked by the house and has never seen the dog. He did not know if this is an issue ofa resident who is afraid of this type of dog or if it is an issue of the dog actually being violent. Councilmember Orttel thought they could regulate electronic fencing by dictating the distance it o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 0.18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 11 . needs to be from the front and side. rights-of-way. Mayor Gamache thought that was a good idea. Councilmember Trude thought they could have a veterinarian write some articles regarding electronic fencing for the newsletter and educate and inform the residents regarding this. Motion by Jacobson, Seconded by Ortte1, to approve the proposed code amendments as presented and authorize the summary ordinance. Councilmember Trude wondered if they should add something regarding electronic fencing. She wondered if they could add something to Section B on page six to address the situation the resident is having. Councilmember Jacobson called the vote to question. Mayor Gamache suggested they put some kind of a column in the newsletter indicating they have some issues regarding the restraint, print exactly what the restraint requires and then ask if there is any interest in changing this. Councilmember Trude thought was a good idea and they could still pass the code amendment. Mr. Neumeister stated unless they deal with electronic fencing, the resident will not be happy and by asking for comments in the newsletter they will expand the confusion. He thought the Planning Commission did a good job in defIning three or four additional words that need to be defined and if they are not going to deal with electronic fencing they are just going to confuse the issue further. He thought Councilmember Orttel said it very clearly that their restraint covers it all and the enclosure section deals with property enclosures and what they are. If they want to expand restraint to include what Mr. Dickinson stated, they could add enclosure to the list of proper restraints. To throw it out to the public is asking for it to be a long time before completion. He did not think they need to go any further with this. Mayor Gamache thought they should vote on the motion because they have not changed anything. He thought it sounds like they are getting to a point where they need to deal with this in a different manner and maybe the residents need to know at least what they are talking about. Motion carried 4 ayes, 1 nay (Knight). (ORD. 354) CONSIDER CITY CODE AMENDMENT/TITLE 11 SUBDIVISION REGULATIONS Community Development Director Neumeister stated City staffhas been revising the Subdivision Ordinance, the section of City Code that determines the requirements and review criteria for new subdivisions. Much of the language dates back to the original 1974 ordinance, so staff has attempted to simplify the Subdivision Ordinance, remove outdated material, and update it to conform to policies and regulations that are currently being used. Mr. Neumeister reviewed the amendment with the Council. Councilmember Jacobson stated on page 23, line 16, it states "Comprehensive Plan where o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 12 subdivision controls may apply to a plat". He stated he would delete the word "may" and add "will". Mr. Neumeister thought the reason they worded it "may" is because there are times when a plat has been approved yet they still want to have the same park dedication and trail fees. Councilmember Trude thought it is permissive because new rules may apply. Mr. Neumeister stated that is correct. Mr. Berkowitz stated it is for flexibility for resubmission. Councilmember Trude agreed with staff on this. Councilmember Knight stated on page 14, under D5, aerial photos, it seems to him that given the technology they have today, they can use that to their advantage and it is so easily available now. Councilmember Trude stated in the defInition area on page 4, line 21, they are talking about areas where they take easements and they said "Cable TV" and in other areas they went to the term communication lines. She thought they should reword it to read "Cable TV, communication lines" because she want to be sure they cover fiber optic cable and any new technology that comes in. She stated on line 35 of the same page they are talking about installation of public or private utilities including but not limited to potable water and it should be "potable water systems". She stated on page 5, under trail, line 27, she wondered if it would be easier to take out the comment ''within or across a block Of blocks". She thought a statement reading "a public right-of-way or easement to provide access for pedestrians" is probably a better definition. She stated on page 6, at the top they list required public improvements and they do not list the emergency access drives they are doing more often now that the County does not allow them to build access to County roads. She thought that should be added in after "streets, emergency access drives". Councilmember Orttel stated on page 6, line 21, this has come up before regarding mottled soils and they had engineering statements that indicated the mottling occurred through some geologic formation where it did not affect the level of the house being placed in it and this does not allow for it and he wondered if this should be in here. Mr. Berkowitz stated they do allow that flexibility if a geotechnical analysis is done and they would word the defInition properly. Mayor Gamache stated that sentence should read "The elevation of mottled soils or the highest anticipated ground water table or the elevation shown by a geotechnical study accepted by City staff. " Councilmember Knight stated on page 28, cul-de-sac, the word "shall" should be "will". Councilmember Orttel thought they should leave the wording and let them ask for a variance. Motion by Jacobson, Seconded by Knight, to approve the revised Subdivision Ordinance and the attached Summary Ordinance as presented and amended in addition the Preliminary, Final Plat and Sketch Plan Checklists adding numbers. Motion carried unanimoUsly. (ORD. 355) o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - September 18, 2007 Page 13 APPROVE EXTENSION OF LIQUOR LICENSE TO INCLUDEPATIOffANNERS STATION Tanners Station has applied for an extension of their liquor license to include their proposed outdoor patio. Councilmember Trude indicated she asked that this be discussed in light of a publication they get from their insurance carrier in August. There is a section in there that says ''to exercise their authority Cities must pass a local ordinance to regulate outdoor smoking including smoking patios." The Freedom to Breathe Act grants them the authority to pass those ordinances that are more restrictive than a State Law so they can make a decision but her issue is there are a number of things in the center of the page in the article that they may want to look at as they are asked to do this by all of their businesses that sell alcohol. The League suggests they look at conditions relating to fencing, screening, hours, days, noise, entertainment, patio size, placement, etc. and she hated to give carte blanch to the first people who come forward without discussing this because it could really impact the area. She thought if they have time at the next work session to discuss this she would like to do that. Mr. Dickinson indicated he could add this to their work session on September 25,2007. Motion by Trude, Seconded by Orttel, to table this to discuss further at the September 25, 2007 worksession meeting. Motion. carried unanimously. SCHEDULE OCTOBER EDA MEETING Motion by Jacobson, Seconded by Knight, to schedule the EDA meeting for October 2,2007 at 6:00 p.m. Motion carried unanimously. SCHEDULE OCTOBER WORKSHOP MEETING Motion by Trude, Seconded by Ortte1, to schedule a Council Workshop for October 23, 2007 at 6:00 p.m. Motion carried unanimously. The City Council recessed at 9:45 p.m. The City Council reconvened at 9:50 p.m. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the Administration and City department activities, meeting reminders and miscellaneous projects. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 o Regular Andover City Council Meeting Minutes - September 18, 2007 Page 14 City Engineer Berkowitz updated the Council on road improvements projects in the City. Community Development Director Neumeister updated the Council on development activities in the City. MAYOR/COUNCIL INPUT (November Elections) - Mayor Gamache stated the school districts will be conducting elections in November and one question will be regarding the bond issue and he suggested looking online for where you can vote. He stated District 11 is discussing drastic reductions in case the bond does not pass. Councilmember Trude stated there was discussion regarding what the impacts will be and if this does not pass they are talking about closing some elementary schools along with one high school and because Andover High School is the smallest, that may be the one they close. Mayor Gamache stated if anyone has questions, they can go to the Anoka Hennepin website to fmd answers. (Outdoor patios) - Mayor Gamache stated there are a number of things they can do as 'a City regarding the outdoor patios for restaurants and he thought they need to have some way to look at that when they discuss this at the worksession. Motion by Orttel, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 10:09 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: October 2, 2007 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $112,363.84 on disbursement edit lists #1 - #2 from 09/21/07 to 09/27/07 have been issued and released. Claims totaling $479,603.40 on disbursement edit list #3 dated 10/02/07 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. 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QQ~ '" =-. 000 --- -::: 0 "'0'" 0-0 :; '" -0000 ... ~ -.:tviv-i ....; 0 on 00...,.- 0 e ..., on...,,,, -0 -< tl'f"'d"r. '" ...... .- ... = .S .... co. 'C ... '" .. Q = o .~ ""' g~ d:: -E- o>::: ~ E_ "" - 1ii ~ = ,;, .2 ~ oJ: ~8.. ~ ~ g ~~ 8~l>.a:E- d "a .; 1) ~ - g.rrfa] ~a:a:~u .- o o ~ ~ o ~ - OJ ::3 "" o 8 ~ ~ " ..c U .... S 0.. E o U ~ o ... oc a; '" <> Q.,g ~~ '" 0 ~ ~ ..c,Q U e cSz ]] o 0 E-E- o Z .. ... ':; :- = - c o U ] o E- ;.; o "'Coo 0\ 0 5?;; ~ ~ >......... ~ -< o @ TO: CC: 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US Mayor and Council Members ~~. Jim Dickinson, City Administrator David Berkowitz, Public Works Director. Engineer\):).:E) Jason Law, Assistant City Engineer FROM: SUBJECT: Declare Costs/Order Assessment Roll/07-2/2007 Overlays - Engineering DATE: October 2, 2007 INTRODUCTION The City Council is requested to declare the costs and order preparation of the assessment roll for Project 07-2, 2007 Overlays. o DISCUSSION Three development areas were reconstructed this summer as part of the 2007 Overlay program. The areas are Woodland Ridge, Kelsey Estates, and Indian Meadows 3rd Addition (see attached maps). In accordance with the Roadway Reconstruction Assessment Policy, twenty-five percent (25%) of the total projects costs associated with each of these developments are being assessed to the benefiting properties. The total project cost is $947,783.98, of which $220,890.25 will be assessed to the benefiting properties. The remaining project costs for the 2007 Overlay project were funded from the Road & Bridge Fund ($726,893.73) (see the attached assessment worksheet for details). The estimated feasibility assessment rates and final assessment rates are as follows: Feasibility Actual . Woodland Ridge (25 units) $4,913.26 $3,811.91 . IndianMeadows 3rd Addition (13 units) $5,213.70 $4,852.36 . Kelsey Estates (15 units*) $5,366.98 $4,465.13 *one unit is Kelsey Round Lake Park, funded by the Road and Bridge Fund After declaring the costs, the assessment roll will be prepared and presented to the City Council for approval and a public hearing date will be set. BUDGET IMPACT The City's portion of the project (75%) is funded from the Road & Bridge Fund, with the remainder (25%) being assessed to the benefiting properties. o ACTION REQUIRED The City Council is requested to approve the resolution declaring costs and directing the preparation of the assessment roll for Project 07-2, 2007 Overlays. ectfully submitted, rfLs- sonJ.La ,PE ........ V'" ,_''' Attachments: Resolution, Location Maps, Assessment Worksheet o o Q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT 07-2.2007 OVERLAYS IN THE AREA OF WOODLAND RIDGE. INDIAN MEADOWS 3KD ADDITION & KELSEY ESTATES . .THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS. the final contract cost for the improvement amounts to $799.198.15. the expenses incurred or to be incurred in the making of such improvement amount to $148.585.83 so that the total project cost of the improvement will be $947.783.98. 1. NOW. THEREFORE BE IT RESOLVED by the City Council of the City of Andover. MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $726.893.73. and the amount to be assessed against benefited property owners is declared to be $220.890.25 2. Assessments shall be payable in equal annual installments extending over a period of ~ years. The first of the installments to be payable on or before the 1 st Monday in January 2008, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member City Council at a reqular meeting this 2nd Councilmembers and adopted by the day of October, 2007, with voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk 1- city of Andover - Kelsey Estates "" co ~ 4225 ~ i ~ 4289 .... .... 1 .... "" co .... S 4206 ~ .... .... 14988 14964 ... ... ;: .... ..... ;: .... ... co .... "" "" co .... .... ... ... "" EAOowJ02NO.AOO Il) i N ' "" I 4277 .... I ! 4217 i , MAP LEGEND: 1'1 WATER [] PARK [] PARCELS Map Scale: 1 inch = feet Map Dale: 11/1412006 Data Dale: OCTOBER 2006 9 Sources: ANDOVER GIS ANOKA COUNTY ASSESSOR Copyright C 2006 - River's Edge GIS, LLC. Disclaimer: 1- city of Andover - Woodland Ridge o '" ... '" 17581 17553 2690 17495 17357 17330 o .., ~ ~ 2819 17230 I ; I 17280 I ~I 0 I .., , '" ; ... , ~ 17280 Reference Map 2820 17174. 2755 2685 17138 MAP LEGEND: III WATER o PARK o PARCELS Map Scale: 1 inch = 500 feel Map Date: 11/14/2005 Data Dale: OCTOBER 2006 Sources: ANDOVER GIS ANOKA COUNTY ASSESSOR e Disclaimer: COpyrightC2 . l"sEdge GlS, l.l.c. City of And . over - Indian Mead ows 3rd Add't' . . lion '" '" "" 4221 '" .... 4310 I , ... \ - ;. \ '" '" ... 11' / 4274 "" \ .... ClCI \ ~ ... / 15364 '" "" ...S4S~ '" ;:l; '" .... 15308 15202 M4P LEGEND' III WATER . D PARK D PARCELS Map Scale: 1 inch - Map Oat - feet e: 11/14/2006 Data Dale: OCTOBER 2006 Sources' AN ANOKA 'cOU~R GIS . ASSESSOR Disclalfl"llll": 6) 0 FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: 2007 OVERLAYS Project No. : 07-02 Feasibility Report Date: 12/19/06 Amount: $ 938,614,88 Contract Award Date: April 3, 2007 Amount: $ 826,365,27 Actual Construction Cost Amount: $ 799,198.15 Actual Expenses Engineering (Includes Surveying, Inspection & Staking) : $ 90,507.45 Consulting Costs $ Aerial Mapping (1 % of street) $ Drainage Plan (0.3% of street/storm) $ 2,397.59 Administration (3%) $ 23,975.94 Assessing (1%) $ 7,991.98 Bonding (0,5%) $ Recording Fees / Legal & Easement $ Advertising $ 1,164.18 Permit and Review Fees $ 400.00 Street Signs (Materials and Labor) $ 5,219.57 Material Testing $ 5,091.00 Construction Interest $ 5,742.92 City Costs $ 6,095.20 Total Actual Expenses $ 148,585.83 0 Expenses Multiplier 18.59186% Total Actual Project Cost Amount: $ 947,783.98 o Woodland Ridlle Assessable Construction Costs $80,357.72 Indirect Expenses $ 14.939.99 Total Assessable Costs (25%) $95,297.71 Feasibility Assessment Rate Per Unit $ 4,913.26 Actual Assessment Rate Per Unit $ 95,297,71 /25 Units= $ 3,811.91 Indian Meadows 3rd Addition Assessable Construction Costs $53,191.38 Indirect Expenses $ 9,889.27 Total Assessable Costs (25%) $63,080.65 Feasibility Assessment Rate Per Unit $ 5,213.70 Actual Assessment Rate Per Unit $ 63,080.65 /13 Units= $ 4,852.36 Kelsev Estates Assessable Construction Costs $56,476.91 Indirect Expenses $ 10.500.11 Total Assessable Costs (25%) $66,977.02 Feasibility Assessment Rate Per Unit $ 5,366.98 Actual Assessment Rate Per Unit $ 66.977.02 /15 Units= $ 4,465.13 '(One unit assessed to the City for Kelsey Round Lake Park) Total Actual City Costs $726,893.73 Final Assessment Worksheet o c 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 TO: Mayor and Council Members CC: Jim Dickinson, City Administrato David D. Berkowitz, Director ofpu . or s/City Engineer~ FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Receive Assessment Roll/Waive Public Hearing/Adopt Assessment RoW07- 27/14124 Crosstown Bo.ulevard NW/SS & WM - Engineering DATE: October 2,2007 INTRODUCTION This item is in regard to waiving the public hearing and adopting the assessment roll for 14124 Crosstown Boulevard NW for sanitary sewer & water main, Project 07-13. DISCUSSION The City Council at the September 18, 2007 meeting approved a resolution declaring the cost and ordering assessment roll. This item is the last step as required by law to be able to levy the assessment to the property. BUDGET IMPACT This will be assessed over a five year period. ACTION REQUIRED The City Council is requested to approve the resolution waiving the public hearing and adopting the assessment roll for the improvement of sanitary sewer & water main for Project 07-27, 14124 Crosstown Boulevard NW. Respectfully submitted, ~/~ Todd J. Haas Attachments: Resolutio~ssessment Rol( Location Map & Waiver cc: Kenny Slyzuk, 15211 Nightingale Street NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROll FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN IN THE FOllOWING AREA OF 14124 CROSSTOWN BOULEVARD NW, PROJECT 07-27. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF ANDOVER, MINNESOTA: o 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of L years, the first of .the installments to be payable on or before the 1 st Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember City Council at a reoular meeting this 2nd Councilmembers and adopted by the day of October ,2007, with voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting CITY OF ANDOVER o ATTEST: Michael R. 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I .ll il ---~- ." " t: - o ... - J', .~ .. ....'X...,...w...... ~_a....:", s- a == ~ !Sl .. - . ---- o Date q'I-j/V? Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: We do hereby petition for improvements watermain sewer and streets (circle one or more) with t -e"costs of assessed against my benefiting property. 01-8/ a~tysewer, storm e Improvement to be Said petition is unanimous and the public hearings for the feasibility report and assessments may be waived. We would like to be assessed over a 5 year period. o Sincerely, Property Owner / {J1 f1 V S ~. ;,........ Address 1\ e.. . ' 'Y' z- u....-- L City, State, Zip /Sc2 j /' JY i ~ h } )'~ 0..-1 Q.- ~ r Phone ~~~)) !l J1 J 0 !/ e. ~ -J"V\. 1 ~ Y'- '. SS.,J 0 j/ 71P$- 7-57-,56d-~ 7?~- 7ss-bfj V )( o G:\DATA\STAFF\RHONDAA\FORMS\PETITION.DOC JL/lz-l{ &5~ -0 (vel . o o o @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 FROM: David D. Berkowitz, Director ofpublic Works/City Engineer SUBJECT: Receive Assessment RoWOrder Public Hearing/05-11/Tulip Street NW - Engineering DATE: October 2, 2007 INTRODUCTION The City Council is requested to approve the resolution for the hearing on the proposed assessment for Project 05-11, Tulip Street NW between l6lst Avenue NW and Valley Drive NW. DISCUSSION The construction of Tulip Street NW from l6lst Avenue NW to Valley View Drive was completed in. June of this year. Benefiting properties are to be assessed as identified in the feasibility report that was approved by the City Council on March 8, 2006. The assessments were set at a lump sum for existing parcels and were based on a potential buildable lot for larger parcels that are not currently developed. The residential assessments are $3,000 per lot for parcels less than 2.5 acres and $4,800 for parcels that are greater than 2.5 acres. Larger parcels that have a potential to split into 2.5 acre minimum lots will also be assessed for the potential developable lot at a rate of $4,800 per lot. Attached is the final assessment worksheet for each residential/potential residential parcel. Meadow Creek Christian School shall be assessed for two potential residential lots along Tulip Street and also assessed for intersection improvements to l6lst Avenue NW and Tulip Street related to the plan construction of the school at the northeast comer of this intersection. It was determined by a traffic impact study conducted by a consulting engineering firm who was hired by Meadow Creek that the school would generate 33.5% of the traffic at this intersection. The intersection costs were separated out and 33.5% of the cost will be assessed to the Meadow Creek Christian School property. The intersection assessment was estimated at $107,969.49 and the actual assessment is $101,136.81. o Mayor and Council Members October 2, 2007 Page 2 of2 BUDGET IMP ACT The project is funded by Municipal State Aid funds and property assessments. ACTION REQUIRED The City Council is requested to receive the assessment roll and approve the resolution for the hearing on the proposed assessment for Project 05-11, Tulip Street NW between 161 st Avenue NW and Valley Drive NW. Respectfully submitted, G)~. David D. Berkowitz o Attachments: Resolutio~ Assessment Roll/ o o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR PROJECT 05-11 ,TULIP STREET NW BETWEEN 161sT AVENUE NW AND VALLEY DRIVE NW. WHEREAS, by a resolution passed by the City Council on September 18, 2007, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 05-11, Tulip Street NW between 161st Avenue NW & Vallev Drive NW. WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 6th day of November , 2007 ,in the City Hall at _ 8:01 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessmerit to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember City Council at a reoular meeting this 2nd and adopted by the day of October , 2007 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk ON N 01'- I'- 0 ~ e<ri <ri OCO CO 01'- I'- 0 ri ri I- E>'7 E>'7 NI'- 0> 0><0 LO II) <ri...r M ... '<tN I'- 0 '<t '<t N E>'7 E>'7 00> 0> LOO LO '<t Lri<ri ,,; ~ N'<t I'- 0 '<t '<t N <h <h ... 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ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US CC: Mayor and Council Members ~ / Jim Dickinson, City Administrato~ David D. Berkowitz, Director of Public Works/City Engineer TO: FROM: SUBJECT: Receive Assessment RoWOrder Public Hearing/06-20A/Meadow Creek Christian School Turn Lane Improvements - Engineering DATE: October 2,2007 o INTRODUCTlQN The City Council is requested to approve the resolution for the hearing on the proposed assessment for Project 06-20A, Meadow Creek Christian School Turn Lane Improvements. DISCUSSION In May of 2006, Meadow Creek Christian School initiated an improvement project to construct turn lanes on 161 st Avenue NW to access their property on the northeast comer of 161 st Avenue NW and Tulip Street NW. The project has been completed and the assessment to the property has been determined to be $107,266.23, which includes construction and indirect costs. The feasibility report prepared in June 2006 estimated the assessment to Meadow Creek Christian School to be $134,908.65. BUDGET IMP ACT The project is funded by Municipal State Aid funds and an assessment to Meadow Creek Christian School. ACTION REQUIRED The City Council is requested to receive the assessment roll and approve the resolution for the hearing on the proposed assessment for Project 06-20A, Meadow Creek Christian School Turn Lane Improvements. Respectfully submitted, o ~CU, David D. Berkowitz ./ ../ Attachments: Resolution & Assessment Roll o c o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR PROJECT 06-20A, MEADOW CREEK CHRISTIAN SCHOOL TURN LANE IMPROVEMENTS. WHEREAS, by a resolution passed by the City Council on September 18, 2007, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 06-20A, Meadow Creek Christian School Turn Lane Improvements. WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 6th day of November ,2007, in the City Hall at _ 8:01 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. MOTION seconded by Councilmember City Council at a reoular meeting this 2nd and adopted by the day of October , 2007 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk <')~ v "!"! co 0 ...I tO~ ".: < <00 <0 l- NN v 0 r--:-a:i ..; l- ON <') ~ ~ ~ ~ <ON CO <0 CO V II) ON ...; ~ lOCO <') Cl o_co "'. N (0 (0 ~ ~ ~ ~ <') 10 co '" 10 V .., ...;ci ...; .... ~~ <') Cl N_I'-_ '" N Il)~ a:i ~ ~ ~ ~ coo co r-:r-: V .., ON ...; .... 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OJ I- z~~ ill .iiili ~ -... ~ 'u 01 UI C U -00 Ul .e. l!! 'i: comO,...C'\IMVLt) ~ OlCa> W W Q....JO a::a>E I.l Gl I- Q. oe,...,...,...'I"'",...,.... ~ ...J '0 'lilE>. C'" 00000000 ~ III '0 ,- C NNNNNNNN <( ...- 0 a> >. 01 Q. ...Ola.. a.. a>a.._ t:'O! -...c a>C .c< E :l Z o o 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 , TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public rCity Engineer'J)Db FROM: Todd J. Haas, Asst. Public Works Director t!J SUBJECT: Approve Resolution Amending Joint Powers Agreement/Creation of Lower Rum River WMO& Ratifying the Act Thereof - Engineering DATE: October 2,2007 INTRODUCTION This item is in regard to approving a resolution amending the Joint Powers Agreement for the creation ofthe Lower Rum River WMO and ratifying the acts thereof. DISCUSSION As most of you know, I am the Andover representative on the WMO for about the last 10 years or so. As indicated in the resolution, the Joint Powers Agreement expired on January 1, 2005. The proposed resolution is proposed to ratify the acts of the commission from January 1, 2005 until approval or effective date of this amendment. The next item on the agenda ratifies the acts of the WMO from now until January 1, 2015. ACTION REQUIRED The City Council is requested to approve the attached resolution. Respectfully submitted, ~/L--- Todd J. Haas Attachment: Resolution o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RESOLUTION AMENDING THE JOINT POWERS AGREEMENT FOR THE CREATION OF THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION AND RATIFYING THE ACTS THEREOF WHEREAS, the City of Andover (the "City") is party to a joint powers agreement, effective September 5, 1995, entitled JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELOPMENT OF THE LOWER RUM RIVER WATERSHED (the "Joint Powers Agreement"); and WHEREAS, the Joint Powers Agreement provided for the establishment of the Lower Rum River Watershed Management Commission (the "Commission"), a watershed management organization pursuant to and in accordance with the Metropolitan Surface Water Management Act, Minn. Stat. 9 103B.201 et seq., and Minn. Stat. 9471.59; and WHEREAS, the Joint Powers Agreement expired by its terms on January 1, 2005; and WHEREAS, the Commission has continued to act and exercise its powers and duties, notwithstanding the expiration of the Joint Powers Agreement; and o WHEREAS, it has been and is the intent of the City that the Commission continue to act as a watershed management organization for the Lower Rum River watershed and will continue to do so in the future; and WHEREAS, the City has been presented with a proposed amendment to the Joint Powers Agreement, extending the term thereof to January 1, 2015 (the "Amendmenf'); and WHEREAS, the City Council has determined that extending the term of the Joint Powers Agreement and the ratification of all acts of the Commission from January 1, 2005 to the effective date of the Amendment is reasonable, prudent, and in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. The Amendment to the Joint Powers Agreement is approved and the Mayor and Clerk are authorized and directed to execute and deliver a copy of the Amendment to the Secretary of the Commission. The Clerk is directed to forward a certified copy of this resolution to the Secretary of the Commission. 2. All acts of the Commission from January 1, 2005 to the effective date of the Amendment to the Joint Powers Agreement are approved, confirmed and ratified in all respects. Adopted by the City Council of the City of Andover this 2nd day of October , 2007. o CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o o o tv 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, Director of Public s/City Enginee~O FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Approve Amendment/Joint & Cooperative Agreement for the Establishment of the Lower Rum River WMO to Plan Control & Provide for the Development of the Lower Rum River WMO - Engineering DATE: Qctober 2, 2007 INTRODUCTION This item is in regard to approving an amendment to the joint and cooperative agreement for the establishment of the Lower Rum River WMO to plan, control and provide for the development of the Lower Rum River WMO. DISCUSSION This item will allow the Lower Rum River WMO to continue to plan, control and provide for the development within the WMO from the effective date of approval until January 2015. ACTION REQUIRED The City Council is requested to approve the resolution approving the acts of the commission between January 1, 2005 until the effective date of this amendment. Respectfully submitted, ~~ Attachment: Resolution o AMENDMENT TO JOINT AND CQOPERATIVE AGREEMENT FOR THE ESTABLISHMENT QF THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION TO PLAN, CONTROL AND PROVIDE FOR THE DEVELQPMENT QF THE LOWER RUM RIVER WATERSHED THIS AMENDMENT is made and entered into as of the date of execution by all of the cities of Andover, Anoka, Coon Rapids and Ramsey, Minnesota (hereinafter collectively referred to as the "Parties"). WITNESSETH: WHEREAS, the Parties have entered into a Joint Powers Agreement, effective September 5, 1995, entitled the JOINT AND CQOPERATIVE AGREEMENT FQR THE ESTABLISHMENT QF THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION TO PLAN, CQNTROL AND PROVIDE FOR THE DEVELQPMENT QF THE LQWER RUM RIVER WATERSHED (the "Joint Powers Agreement"); and o WHEREAS, the Joint Powers Agreement established the Lower Rum River Watershed Management Commission (the "Commission"), a watershed management organization pursuant to and in accordance with the Metropolitan Surface Water Management Act, Minn. Stat. ~ 103B.20l, et.seq., and Minn. Stat. ~ 471.59; and WHEREAS, the Joint Powers Agreement expired by its terms on January 1,2005; and WHEREAS, the Commission has continued to act and exercise its powers and duties as a watershed management organization, notwithstanding the expiration of the Joint Powers Agreement; and WHEREAS, the Parties have indicated an intent that the Commission continue to act as a watershed management organization for the Lower Rum River Watershed and to continue to do so in the future; and . WHEREAS, the Parties have ratified the acts of the Commission from January 1, 2005 to the effective date of this Amendment. NOW, THEREFORE, on the basis of the premises and mutual covenants and agreements hereinafter set forth, the Parties agree as follows: 1. The Commission shall continue in existence effective January 1, 2005 until the termination of the Commission in accordance with the terms of the Joint Powers Agreement. 2. All acts of the Commission from January 1, 2005 to the effective date of the Amendment to the Joint Powers Agreement are approved, confirmed and ratified in all respects o by the Parties, acting through their City Councils. 1 o o o 3. Article X, Subdivision 1 is amended to read as follows: Subdivision 1. Each member agrees to be bound by the terms of this agreement until January 1, 2015, and it may be continued thereafter at the option of the Parties. 4. follows: Article X, Subdivision 2 of the Joint Powers Agreement is amended to read as Subdivision 2. This agreement may be terminated prior to January 1,2015, by the unanimous consent of the members or if for any reason the Commission is reduced to less than three members. If the agreement is to be terminated, a notice of the intent to dissolve the Commission shall be sent to the Board of Water and Soil Resources and to Anoka County at least 90 days prior to the date of dissolution. 5. and effect. Except as modified herein, the Joint Powers Agreement shall remain in full force 6. This Agreement shall be effective upon ratification by the City Councils of all of the Parties and the execution of this Agreement by all Parties. Upon receipt of certified copies of resolutions approving the Amendment to this Agreement and executed copies of the Amendment by all of the Parties, the Secretary of the Commission shall supply to the City Clerk of each of the Parties a copy of the resolutions and of the signed agreement. 7. This Amendment may be executed in several counterparts, each of which, when assembled to include an original signature for each of the Parties, will constitute a complete and fully executed original. IN WITNESS WHEREQF, the undersigned, as duly authorized by action of their City Council, have caused this Agreement to be executed in accordance with the Authority of Minn. Stats. ~~ 103B.211 and 471.59. CITY OF ANDOVER Dated: By: Mike Gamache, Mayor And by: Vicki V olk, City Clerk 2 e o o Dated: Dated: Dated: CITY QF ANQKA By: Bjorn Skogquist, Mayor And by: Tim Cruikshank, City Manager CITY OF COON RAPIDS By: Tim Howe, Mayor And by: Matthew Fulton, City Manager CITY QF RAMSEY By: Tom Gamec, Mayor And by: Jo Thieling, City Clerk 3 o o o (j) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administratot-., FRQM: Vicki V olk, City Clerk SUBJECT: ./ Approve Extension of Liquo{License to Include Patio/Tanners Station, Cont. DATE: October 2, 2007 INTRQDUCTION Council requested that this item be discussed at the September 25th workshop and be brought to the October 2nd Council meeting. . DISCUSSION Enclosed in your packets is the blueprint that was submitted for a permit to add the door leading to the patio. The patio is highlighted in yellow. The patio area will be completely fenced. Council can require any other type of screening they feel is appropriate. ACTION REQUIRED Council is requested to approve an extension to Tanners Station's liquor license to include a fenced outdoor patio as indicated on the drawings provided. Respectfully submitted, iLL' (),,/b Vicki V olk City Clerk o o o (jj) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: City Council CC: Jim Dickinson, City Administra Will Neumeister, Community Developmen Director Wet.-. FROM: Andy Cross, Associate Planner ~ SUBJECT: Approve Sketch Plan Application- Planning DATE: October 2,2007 INTRODUCTION The Council has requested the opportunity to review and approve the Sketch Plan Application. DlSCUSSIQN The Sketch Plan offers a chance for applicants to submit a rough concept plan of a proposal to the City. As long as the submittal contains the essential information listed on the Application, the applicant can receive valuable feedback on their plan. The list of required information is not as exhaustive as the Plat applications because Sketch Plans are very preliminary in nature and do not require extensive engineering or drafting. The recent changes to the Subdivision Ordinance did not affect the Sketch Plan Application. The section of the Ordinance dealing with Sketch Plans was simplified, but no changes to the application were proposed. ACTION REQUESTED Council is asked to review and approve the Sketch Plan Application. Respectfully submitted, ~ Associate Planner City of Andover Attachments Sketch Plan Application o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US SKETCH PLAN APPLICATION Street Location of Property: Legal Description of Property: Note: If the legal is not provided, the application will not be considered to be complete. Property Owner: Phone: Address: Applicant: Phone: Address: Description of Request: Rezoning Request Required: YES ( ) NO ( ) Explain: Sketch Plan fee: $1,000.00 escrow for services and agree to reimburse city for all services provided. NOTE: Submittal of this application and fees does not preclude the applicant and/or property owner from meeting all of the requirements as set out in the Andover City Code and any other governmental unit having jurisdiction thereon. o o I hereby acknowledge that I have read the foregoing statement and agree and submit that this application is complete and accurate. Fee: (Signature of Applicant) Date Paid: Receipt No.: (Signature of Property Owner) REOUffiEMENTS FOR SKETCH PLAN SUBMITTAL PROCEDURES Note: The following is information that all applicants should read and understand. o Pre-Application Requirements: Prior to the preparation of a SKETCH PLAN, the subdividers and/or owners shall meet with the City Planner and City Engineer to review all applicable ordinances, regulations, and plans in regard to the area proposed to be subdivided. At this time, or at subsequent informal meetings, the subdivider shall submit a Subdivision Sketch Plan for formal discussion between the subdivider and the Planning and Zoning Commission. The Sketch Plan shall be presented in a simple form, and must include: 1. The site location. 2. A sketch of the site showing its general shape and adjacent roadways, waterways, forest areas, and any other significant features of the area. 3. The relationship of the proposed subdivision to: a. Existing community facilities that would serve it, and b. Neighboring subdivisions and developments 4. Topography of the site. 5. The type of development proposed and any zoning changes that would be required. . 6. A preliminary road layout and lot arrangement indicating minimum proposed lot size. 7. Aerial photo (most current) with the sketch plan overlay. o 2 o c o ([!) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: Donald Olson, Building Official SUBJECT: Approve Amendment to City Code 9-1/ Adopt Chapter 1306 (Option-Subpart 2)-Building DATE: October 2, 2007 INTRODUCTION On August 8, 2007 the City Council adopted the changes that the staff wanted to make to the City Code. However, the State of Minnesota has reviewed what was approved, and would like the City to change a few of the chosen words to make it read the way they prefer it be adopted. See attached Ordinance for the proposed changes that are needed to make it read properly. DISCUSSION The City needs to make the additional changes and that will bring the City Code up to date. Section 1306 contains new code language that needs to be adopted by reference. The staff recommends the Council approve this proposed code amendment. See attached code section 1306 for further details. ACTION REQUESTED Approve the attached Ordinance Amendment to City Code Section 9-1-1 "Building Code", adopting Section 1306 of Minnesota State Building Code (Option - Subpart 2). Also approve the revised Summary Ordinance that needs to be published to make this official. Respectfully submitted, Donald Olson Building Official Attachments Ordinance Amendment/Summary Ordinance Sections 1306 of State Building Code o CITY OF ANDOVER COUNTY OF ANOKA STATE QF MINNESQTA QRDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 9-1-1 OF THE CITY OF ANDOVER THE CITY COUNCIL QF THE CITY QF ANDQVER HEREBY QRDAINS: City Code Title 9-1-1 of the City of Andover is hereby amended as follows: (bold, underlining represents words to be added; strikeouts are words to be deleted) 9-1-1: STATE BUILDING CODE ADOPTED: The most current edition of the Minnesota State Building Code established pursuant to Minnesota Statutes Sections l6B.59 to l6B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry, through the Building Codes and Standards Unit is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted by this ordinance as the building code for this municipality. The code is hereby incorporated in this chapter as if fully set out herein. o A. The Minnesota State Building code, adopted by this municipality, includes the following chapters of Minnesota rules: Chapter 1300 - Administration of the Minnesota State Building Code Chapter 1301 - Building Official Certification Chapter 1302 - State Building Code Construction Approvals Chapter 1303 - Minnesota Provisions Chapter 1305 - Adoption of the International Building Code Chapter 1306 - Special Fire Protection Systems (0060n - Suboart 2) Chapter 1307 - Elevators and Related Devices Chapter 1309 - Adoption of the International Residential Code Chapter 1311 - Adoption of the Guidelines for the Rehabilitation of Existing Buildings Chapter 1315 - Adoption of the National Electrical Code Chapter 1325 - Solar Energy Systems Chapter 1330 - Fallout Shelters Chapter 1335 - Flood-proofing Regulations (parts 1335.0600 to 1335.1200). Chapter 1341 - Minnesota Accessibility Code Chapter 1346 - Adoption of the Minnesota State Mechanical Code Chapter 1350- Manufactured Homes Chapter 1360 - Prefabricated Structures Chapter 1361 - Industrialized/Modular Buildings Chapter 1370 - Storm Shelters (Manufactured Home Parks) Chapter 4715 - Minnesota Plumbing Code Chapters 7670, 7672, 7674, 7676, and 7678 - Minnesota Energy Code 1 See also section l2-l4- 25, "Residential Building Standards", of this code. o o B. Section 110, Certification Of Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Qfficial has issued a Certificate of Occupancy as provided in TaMil P.J99.l Chanter 3 (titled "OIlIlH.ll8.l.lIl) Classitillati{lll!l" "Use and Occunancv Classification") of the 2006IntemationalJ~.llsiall.lltial Buildin!! Code. Adopted by the City Council of the City of Andover on this 2nd day of October, 2007. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk o o o o o CITY QF ANDOVER COUNTYQFANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 9-1-1 OF THE CITY OF ANDOVER STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of adopting the amendment is to correct some of the language used to adopt the newest version of the Minnesota State Building Code. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The Building Official or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 2nd day of October, 2007. ATTEST: CITY OF ANDQVER Victoria V olk, City Clerk Michael R. Gamache, Mayor o o o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2007 Delinquent Utility Service Charges, Mowing Fees and False Alarm Fines DATE: October 2,2007 INTRODUCTION City Code Chapter 3, 1O-3-3D; City Code Chapter 1, 10-1-9F; and City Code Chapter 5, 8-5-3D provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service charges, mowing fees and false alarm fines. The assessment procedures directed by state statute 429 are being followed in preparing notice of and preparation for a public hearing to act upon the proposed assessment. DISCUSSIQN The total delinquent utility service charges were $51,127.89 as of September 25, 2007 when written .notification to the property owners and preparation of the preliminary assessment worksheets began. Payments received prior to the proposed hearing date of November 6, 2007, will be applied to the customers' accounts to reduce or remove the proposed assessments from the preliminary roll. Delinquent balances as of November 6,2007 are charged an administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for collection with the 2008 taxes. The list of delinquent accounts is available for viewing in the Finance Department and Finance will be sending letters to all applicable property owners explaining the assessment process and how and where to make payment to avoid being assessed. The proposed hearing date of November 6, 2007 is a regularly scheduled council meeting. BUDGET IMP ACT This request will assist in reducing outstanding receivables for the City. o o o Mayor and Council Members October 2, 2007 Page 2 of2 ACTION REQUIRED The Andover City Council is requested to approve the attached resolution declaring costs and ordering the assessment roll for the purpose of certifying the delinquent sewer, water, storm sewer, street lighting service charges, mowing fees and false alarm fmes. The Andover City Council is also requested to approve the attached resolution scheduling a public hearing for the purpose of certifying the delinquent sewer, water, storm sewer, street lighting service charges, mowing fees and false alarm fmes. Respectfully submitted, zi?J? Lee Brezinka Attachments: Resolution Declaring Cost and Directing Preparation of Assessment Roll Resolution for Hearing on Proposed Assessment of Delinquent Utility Charges, Mowing Fees and False Alarm Fines CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SCHEDULING PUBLIC HEARING FOR THE CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES, MQWING FEES AND FALSE ALARM FINES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESQL VES: WHEREAS, delinquent utility service charges, mowing fees and false alann fines in the amount of$5l,127.89 exist as of September 25,2007; and WHEREAS, City Code Chapter 3, 1O-3-3D; City Code Chapter 1, 1O-1-9F; and City Code Chapter 5, 8-5-3D provide for the collection by assessment of unpaid water, sewer, storm sewer, street light service charges, mowing fees and false alann fines respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: o 1. The amount of the cost to be assessed against benefited property owners is declared to be $51,127.89 plus an administrative fee of 15%. 2. Assessment shall be payable in equal annual installments extending over a period of 1 year. The first of the installments to be payable on or before the first Monday in January 2008, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be assessed against every. assessable lot, piece or parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 1. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. . BE IT FURTHER RESQL VED BY THE CITY COUNCIL; 1. A hearing shall be held the 6th day of November, 2007 at the Andover City Hall at 8:01 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. o 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole assessment with no interest. o o Q MOTION seconded by Councilmember regular meeting this 2nd day and adopted by the City Council at a of October, 2007, with Councilmembers voting in favor of the voting against, whereupon said resolution was resolution, and Councilmembers declared passed. ATTEST: Victoria V olk - City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota on November 6, 2007 at 8:01 PM to pass upon the proposed assessment for the improvement of delinquent sewer, water, storm water utility, street light charges, mowing fees and false alarm fmes in the City of Andover. The proposed assessment roll is on file for public inspection at the City Clerk's office. The total amount of the proposed assessment roll is $51,127.89. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owner, as it deems advisable. o An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes Section 429.081 by servmg notice of the appeal upon the Mayor or Clerk of the city . within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL CITY OF ANDOVER Victoria V olk, City Clerk o c 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 CC: Jim Dickinson, City Administrator TO: Mayor and Council Members FROM: David D. Berkowitz, Director of Public Wor s/City Engineer SUBJECT: Hold Public Hearing/Adopt Assessment RoW06-37 /161 st Avenue NW & Crane Street NW/Intersection Improvements - Engineering DATE: October 2, 2007 o INTRODUCTION The City Council is requested to hold a public hearing and approve the resolutions adopting the assessment roll for intersection improvements for 161 st Avenue NW & Crane Street NW, Project 06-37. DISCUSSION The final improvement costs for 161 st Avenue NW & Crane Street NW have been prepared. The assessment roll was received by the City Council on September 4th. The total project cost for the intersection improvements at l6lS( Avenue NW and Crane Street NW is $156,577.87. The final assessments are as follows: Larry Emmerich, 15 units (White Pine Wilderness Plat) Larry Emmerich, 45 units (Proposed White Pine Wilderness 2nd Addn. Plat) Steve & Cheryl Olmscheid, 10 units (1487 - 161 st Avenue NW) Keith & Rhonda Rischer, 5 units (16157 Hanson Boulevard NW) $ 31,315.50 $ 93,946.73 $ 20,877.05 $ 10,438.53 The assessments are based on a per unit cost ($2,087.70) for existing or potential lots for future developments. o At the feasibility public hearing a deferred assessment for the Rischer and Olmscheid properties was discussed. Attached is a resolution for. the White Pine Wilderness development and a deferred assessment resolution for the Rischer and Olmscheid properties. o o o Mayor and Council Members October 2, 2007 Page 2 of BUDGET IMP ACT The entire project. cost will be assessed to the White Pine Wilderness development and the proposed White Pine Wilderness 2nd Addition development (Qutlot A, White Pine Wilderness) and the properties to the west (1487 - 161 st Avenue NW & 16157 Hanson Boulevard NW) of the White Pine Wilderness development. If deferred assessments are approved, the City will carry those costs through the Permanent Improvement Revolving Fund. ACTION REQUIRED The City Council is requested to hold the public hearing and approve the resolutions adopting the assessment roll for intersection improvements at l6lst Avenue NW & Crane Street NW, Project 06-37. Respectfully submitted, Q~,(Qf':J. David D. Berkowitz /. Attachments: Resolutions ~pting assessment roll, ~ce sent to property owners:,,"Notice sent to newspaper & Assessment worksheet cc: Larry Emmerich, 1341 - 16lst Ave. NW, Andover Steve & Cheryl Olmscheid, 1487 - 161 st Avenue NW, Andover Keith & Rhonda Rischer, 16157 Hanson Boulevard NW, Andover o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR INTERSECTION IMPROVEMENTS FOR 161ST AVENUE NW & CRANE STREET NW (WHITE PINE WILDERNESS), PROJECT NO. 06-37. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: . o 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before the first Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the a.ssessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember City Council at a reoular meeting this 2nd and adopted by the day of October , 2007 ,with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DEFERRING ASSESSMENTS FOR INTERSECTION IMPROVEMENTS FOR 161ST AVENUE NW & CRANE STREET NW (WHITE PINE WILDERNESS), PROJECT NO. 06-37. The assessments for the properties described as PI N 14-32-24-23-0004 (Olmscheid property) and PIN 14-32-24-23-0006 (Rischer property) are to be deferred until one of the following occurs: o 1. The assessment value be increased 5.5% annually. 2. The assessment is to be paid when one or more of the following occurs: a. Division of the parcel by metes and bounds description or platting; b. Sale of the property; or c. Death of the last person who had an ownership interest in the property at the time of the resolution approving the deferral. d. October 2, 2017 All assessments that lose their deferral under #2 above shall be payable in equal installments of principal and interest over an 8 year period. Adopted by the City Council of the City of Andover this 2nd day of October , 2007. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria Volk - City Clerk o o o 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 September 14, 2007 Larry Emmerich 1341 - 161st Avenue NW Andover, MN 55304 Re: Project 06-37, 161st Avenue NW & Crane Street/Intersection Improvements Dear Mr. Emmerich, Enclosed please find the public hearing notice for the proposed assessment for 161 st Avenue NW & Crane Street NW/lntersection Improvements, Project 06-37. The public hearing is scheduled for Tuesday, October 2, 2007 at 7:00 p.m. As you will note, the estimated assessment was $46,748.65 (White Pine Wilderness Plat) & $140,246.54 (Proposed White Pine Wildemess 2nd Addition Plat/Outlot A, White Pine Wilderness) and the actual assessment amount will be $31,315.50 (White Pine Wildemess Plat) & $93,946.73 (Proposed White Pine Wildemess 2nd Addition Plat/Outlot A, White Pine Wildemess). If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, ~o.~~ David D. Berkowitz, P.E. Director of Public Works/City Engineer DDB:rja Encl. H:\Engineering\City Projects\Open City Projects\06-37 161st Ave. & Crane St\Word Documents\Correspondance\assess hearing & . letters 06-37.DOC o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 06-37 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, October 2, 2007 at 7:00 PM to pass upon the proposed assessment for intersection improvements in the following described areas: 161st Avenue NW & Crane Street NW The amount to be specially assessed against your particular lot, or parcel of land is $31.315.50 (White Pine Wilderness Plat) & $93.946.73 (Proposed White Pine . Wilderness 2na Addition Plat/Outlot A. White Pine Wilderness). You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. The first of the installments to be payable on or before the 1 st Monday in January 2008 . If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of 8 years and shall' bear interest at the rate of 5.5 percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $31.315.50 (White Pine Wilderness Plat) & $93.946.73 (Proposed White Pine Wilderness 2M Addition Plat/Outlot A. White Pine Wilderness). Written and oral objections will be considered at the rneeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the arnount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429;081 by serving notice of the appeal upon the Mayor or Clerk of th . City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL ~()# Victoria Volk - City Clerk H:IEngineeringlCity Projects\Open City Projects\06-37 161st Ave. & Crane St\Word Documents\Correspondance\assess hearing & 1"11<,,,: nfl..::!7nnr. o o o CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US September 14, 2007 Steve & Cheryl Olmscheid 1487 _161st Avenue NW Andover, MN 55304 Re: Project 06-37, 161st Avenue NW & Crane Street/Intersection Improvements Dear Mr. & Mrs. Olmscheid, Enclosed please find the public hearing notice for the proposed assessment for 161st Avenue NW & Crane Street NW/lntersection Improvements, Project 06-37. The public hearing is scheduled for Tuesday, October 2, 2007 at 7:00 p.m. As you will note, the estimated assessment was $31,165.90 and the actual assessment amount will be $20,877.05. If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, O~CJ.~ David D. Berkowitz, P.E. Director of Public Works/City Engineer DDB:rja Enc!. H:\EngineeringICity ProjeclslOpen City Projectsl06-37 161st Ave. & Crane StlWord DocumenlslCorrespondancelassess hearing & letters 06-37.DOC o C.l T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.U5 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 06-37 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on" Tuesday, October 2, 2007 at 7:00 PM to pass upon the proposed assessment for intersection improvements in the following described areas: 161st Avenue NW & Crane Street NW o The amount to be specially assessed against your particular lot, or parcel of land is $20.877.05. You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. . The first of the installments to be payable on or before the 1 st Monday in January 2008 . If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of .JL years and shall bear interest at the rate of 5.5 percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $20.877.05. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. o An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. . BY ORDER OF THE CITY COUNCIL -~~--~----------------------------- Victoria Volk - City Clerk H:\Engineering\City Projects\Open City Projects\06-37 161 st Ave. & Crane St\Word Documents\Correspondancelassess hearing & letters 06-37.DOC o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US September 14, 2007 Keith & Rhonda Rischer 16157 Hanson Boulevard NW . Andover, MN 55304 Re: Project 06~31, 161st Avenue NW & Crane Street/Intersection Improvements Dear Mr. & Mrs. Rischer, Enclosed please find the public hearing notice for the proposed assessment for 161 st Avenue NW & Crane Street NW/lntersection Improvements, Project 06-37. The public o hearing is scheduled for Tuesday, October 2, 2007 at 7:00 p.m. As you will note, the estimated assessment was $15,582.95 and the actual assessment amount will be $10,438.53. If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, David D. Berkowitz, P.E. Director of Public Works/City Engineer (J~Q. DDB:rja Encl. o H:\Engineering\City Projects\Open City Projects\06-37 161st Ave. & Crane St\Word Documents\Correspondance\assess hearing & letters 06-37.DOC o o o <A.NDbVE-~ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 06-37 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Tuesday, October 2, 2007 at 7:00 PM to pass upon the proposed assessment for intersection imorovements in the following described areas: 161st Avenue NW & Crane Street NW The amount to be specially assessed against your particular lot, or parcel of land is $10.438.53. You may at any time prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment to the County Treasurer. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. The first of the installments to be payable on or before the 1 st Monday in January 2008 . If you decide not to prepay the assessment before the date given above the assessment shall be payable in equal annual installments extending over a period of ..L years and shall bear interest at the rate of 5.5 percent per year. The right to partially prepay the assessment is not available. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $10.438.53. Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL I L~"..J I)Lt Victoria Volk - City Clerk H:\Engineering\City Projects\Open City Projects\06-37 161st Ave. & Crane St\Word Documents\Correspondance\assess hearing & letters 06-37.DOC G CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PUBLIC HEARING FOR PROJECT NO.. 06-37 o NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover. on Tuesday, October 2, 2007 at 7:00 PM to pass upon the proposed assessment for intersection improvements in the following described areas: 161st Avenue NW & Crane Street NW The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $31,315.50 (White Pine Wilderness Plat), $93.946.73 (Proposed White Pine Wildemess 2nd Addition Plat/Outlot A, White Pine Wilderness). $20.877.05 (Steve & Cheryl Olmscheid, 1487 - 161st Avenue NW) & $10.438.53 (Keith & Rhonda Rischer. 16157 Hanson Boulevard NW). Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL ~ ora Victoria Volk - City Clerk o Publication Dates: September 14 & 21,2007 (Anoka Union) H:IEngineeringlCity Projec!sIOpen City ProjectsI06-37161stAve. & Crane StlWord DocumentslCorrespondancelassess hearing & letters 06-37.DOC o FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: 161st Avenue & Crane Street Project No, : December 19, 2006 Amount: $ April 17 , 2007 Amount: $ Streets and Restoration $ Water Main $ Sanitary Sewer $ Trails $ Strorm Sewer $ Amount: $ 06-37 Feasibility Report 156,577.87 Contract Award 143,549.48 Actual Construction 118,088,99 118,088.99 Actual Expenses Engineering (Includes Inspection & Staking) Consulting Costs Aerial Mapping (1% of street) Drainage Plan (0.3% of street/storm) Administration (3%) Assessing (1%) Bonding (0.5%) Recording Fees 1 Legal & Easement Advertising O Permit and Review Fees Street Signs (Labor) Material Testing Construction Interest City Costs Total Actual Expenses $ 25,402.67 $ $ 1,180.89 $ 354.27 $ 3,542.67 $ 1,180.89 $ $ $ 814,53 $ 1,660.00 $ 71.13 $ 812.00 $ 1,648.92 $ 1,820.91 $ 38,488.88 Expenses Multiplier 32.5931% Actual Project Cost Amount: $ 156,577.87 Total Amount to be Assessed Total City Cost $ $ 156,577.87 Actual Assessment 1 Unit = $ 156,577.87 1 75 Units = $2,087.70 Feasibilitv Actual 15 Units $46,748.85 $ 31,315.50 45 Units $140,246.54 $ 93,946.~.1!' 5 Units $15,582.95 $ 10,438.~ S.J 10 Units $31,165.90 $ 20,877.~ of' . Total Assessment for White Pine Wilderness Total Assessment for White Pine Wilderness 2nd Addition Total Assessment for 16157 Hanson Boulevard Total Assessment for 1487 161st Avenue o FINAL ASSESSMENT WORKSHEET EXHIBIT 6 c CITY OF NDOVE g 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 Administrator Will Neumeister, Community Developme Courtney Bednarz, City Planner irecto~ FROM: SUBJECT: Consider Preliminary Plat/Woodland Hills/Ward Lake Drive (continued) - Planning DATE: October 2, 2007 INTRODUCTION This item continues the discussion from the September 18th Council Meeting. DISCUSSION Conformance with Local and Regional Plans and Ordinances The proposed project would conform to both the Rural Residential Land Use Designation and R-l, Rural Residential Zoning District. No amendment or rezoning will be necessary. o Access As previously discussed a variance is necessary to allow the proposed street to extend approximately 1,150 feet before terminating in a cul-de-sac. The variance is included in the attached resolution. Street Extension to the North The stub street is held short of a ditch at the north end of the property to prevent impacts to this drainage way. The applicant remains responsible for extending the street to the property line at an estimated cost of$15,985. The applicant is also responsible for half of the cost ofa future culvert needed to cross the ditch and allow a second access to the proposed development. Half of the total culvert cost is estimated at $7,750. Payment of these amounts are included as a condition of approval in the attached resolution. Adjacent Property to the South Since the last meeting of the Council, the property owner to the south has provided detailed information to indicate three buildable lots can be achieved on their property. City engineering staff have informally reviewed the information and has determined that two are achievable. Note that City Code section 11-3-6 E. indicates that in rural plats only two lots will be allowed on a cul-de- sac. The concept plans they have prepared actually show three lots, but without a variance to City Code section 11- 3-6E, that will not be allowed. Therefore the determination of proportionate share is based on two potential adjacent lots on the Kuiken property. c As proposed by the developer, the new street would end in a cul-de-sac with lots between it and the upland property to the south. City Code ll-3-2B allows the city to require roadways to be extended to the property line to allow them to be extended in the future. The applicant is opposed to extending the street to the property line as indicated in the attached letter. Conversely, the property owner to the south has provided a letter requesting the street extension. In either event the street will not allow a second access into the development due to the size and location of the surrounding floodplain. o Extending the street to the south property line will bisect proposed Lot 2, Block 1 and cause this lot to fall below the 2.5 acre minllnum lot size. The reduction in lot size could be split with Lot 1, Block 1 if desired. A variance to one or two lots in the proposed development will be needed to provide a street connection to the south to enable the Kueiken property to be subdivided into two rural lots. If the Council determines that a street connection to the south is not appropriate, this issue is resolved. If the Council determines that a street connection to the south is necessary, please indicate whether two lots should share the reduced lot size. o Future Street Improvements The section of Ward Lake Drive adjacent to the subject property is a gravel road. The Andover Review Committee recommended the applicant pay for one-half of the street adjoining the subject property estimated to be $ $10,224. The City would do a public improvement project triggered by further development or reconstruction of the road. The Council discussed requiring the developer to improve the road from the transition to gravel to the entrance of the development. The City Engineer's estimated cost of that is $32,200. The development should pay a proportionate cost of that work. If the adjacent property can be developed into two lots, then the subject property should pay 5/7ths of the $32,200 and the balance (2/7ths) should be collected when the Kuiken property is subdivided. A condition of approval in the attached resolution will need to be edited based on the Council's final decision. As previously discussed, the selected amount will be applied proportionately to the total number oflots that will use this access, including future lots on the property to the south. ACTION REQUESTED The Council is asked to approve or deny the proposed plat and to modify the attached resolution as necessary. If the Council does not approve or deny the proposed plat, the developer will need to agree to extend the review period further as we are at the end of the reviewed period allowed by State Statute. Attachments Resolution Location Map Preliminary Plat Plan Set Letters From Applicant . Letter From Property Owner to the South Previously Reviewed Sketch Plan Respectfully submitted, . Courtney Bednarz ~ Cc: David Nash MFRA 14800 28th Avenue (Suite 140), Plymouth, MN 55447 Dwight Harvey Select Companies, Inc. 12415 - 55th Street No., Lake Elmo, MN 55042 o 2 o o o CITY OF ANDQVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND HILLS" FOR SELECT COMPANIES, INC. LOCATED AT 17404 WARD LAKE DRIVE AND LEGALLY DESCRIBED QN EXHIBIT A WHEREAS, the Andover Review Connnittee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Connnission has conducted a public hearing on said plat; and WHEREAS, the applicant has petitioned to vary from City Code ll-3-3G. to allow 1 74th Lane NW to terminate in a cul-de-sac that exceeds 500 feet length; and WHEREAS, the Planning Connnission finds that the temporary cul-de-sac for Zilla Street NW provides potential for a second access in the future and no other options for a second access exist due to the location of floodplain and wetlands surrounding the proposed plat; and WHEREAS, the city has directed that applicant to extend 1 74th Lane NW to the south property line to allow a street connection to the property to the south pursuant to City Code ll-3-2B provided the property owner to the south can demonstrate that more than one buildable site exists within 10 business days of the approval of this resolution; and WHEREAS, as a result of the street extension variances are needed to the minimum lot size requirements of City Code 12-3-5 to allow Lot(s) 1 & 2. Block 1 to be less than 2.5 acres in size; and WHEREAS the Planning Connnission finds that the requested street connection causes the need for the variances; and WHEREAS, as a result of such public hearing, the Planning and Zoning Connnission recommends to the City Council the approval of the plat; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Connnission and approves the preliminary plat with variances subject to the following conditions: 1. The Preliminary Plat shall conform to the plans stamped received by the City of Andover September 6, 2007, except as follows: a. The developer shall extend 1 74th Lane NW to the south end of the property and provide a temporary cul-de-sac to accommodate the potential two lots on the adjacent property at the south edge of the plat. 3 o o o b. A temporary cul-de-sac easement shall be provided on a separate document for this cul- de-sac. c. The developer shall revise the plan set to address the comments of the Engineering Department and TKDA. 2. Variances to the 2.5 acre minimum lot size requirement are granted for Lot(s) 1 & 2. Block 1 to allow 1 74th Lane NW to be extended to the south property line. 3. A variance to the maximum cul-de-sac length of City Code 11-3-3G. is granted for 174th Lane NW. 4. The developer shall pay $15,985, which is the estimated cost of extending Zilla Street NW to the north edge of the plat to allow a second access to be provided to the proposed development in the future. 5. The developer shall pay $7,750, which is one-half of the estimated cost of the culvert needed to allow Zilla Street NW to cross the ditch at the north property line to allow a second access to be provided to the proposed development in the future. 6. The developer shall obtain all necessary permits from the MPCA and any other agency that may be interested in the site. 7. Park dedication and trail fees shall be paid on a per unit basis as established by the City Code for each of the lots in the proposed development. Rate increases shall be subject to state statute. 8.' The applicant shall pay a proportional share of the total the cost of road improvements to Ward Lake Drive (City Engineer's estimate is $32,200). A per lot proportion shall be determined by dividing $32,200 by the total number of lots that will be provided access from proposed 1 74th Lane NW, including lots demonstrated to be buildable on the adjoining property to the south. The developer shall be responsible for the per lot proportion for each lot within the proposed development. The property owner to the south shall be responsible for the per lot proportion for each lot on the adjoining property to the south at the time that property is subdivided. When the full amount is collected or when the City Council initiates improvements, the City will construct the street to City Standards. 9. Contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure required subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 2nd day of October, 2007. CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk Michael R. Gamache, Mayor 4 OJ 01 0) LEGAL DESCRIPTION: EXHlBIT A WOODLAND HILLS Preliminary Plat Resolution That part of the SW 1/4 of the SW 1/4 of Section 2, Township 32, Range 24, described as follows: Commencing at the Southwest comer of said Southeast Quarter of the Southwest Quarter of said Section 2; thence North along the Quarter line 890 feet more or less to the centerline of a ditch, which ditch is more particularly as follows: Commencing at a point 459.35 feet North of Southwest comer of the of the Southwest Quarter of Section 2; thence deflect right 92051'16., a distance of 278.13 feet; thence deflect left 20022'30. a distance of 189.93 feet; thence deflect left 30017', a distance of 199.32 feet; thence deflect left 22044'40. a distance of 627.73 feet; thence deflect right 35050' a distance of 362.40 feet; thence deflect left 16044' a distance of 137.45 feet, more or less, to Town Road; thence along the aforedescribed ditch to its intersection with the centerline of Ward Lake Road as now laid out and established; thence Southeasterly along said centeriine of said road to a point, which point is 66 feet from the intersection of said road and the East line of said Southeast Quarter of Southwest Quarter, said distance being measured along the centerline of said road; thence in a straight line Southwesteriy to the point of beginning. Reserving, however, to the parties of the first pan an easement for road purposes over that part of the above described property lying south of a line drawn parallel with and 20 feet North of the South line of said Southeast Quarter of Southwest Quarter of Section 2, Township 32, Range 24, Anoka County, Minnesota -s- ~NDbVi~ Incorporated 1974 Woodland Hills Rural Residential Plat 17844 1010 17846 17'" 17879 17817 11818 17816 17811 17800 17602 f-c 17745 17744 17745 17744 17745 ! 1nS8 ~ 17114 17115 '7725 1519 1 14 17715 ~ 1640 Cl ::; co N Z ~ 0 :: r/) z <l: I ~\I !: Cl ::; co z o r/) z <l: I ~ o . 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Lake Elmo MN 55042 Ph:' (651) 439-2414 Fax: (651) 439-3254 RECEIVED May 8, 2007 JUN 1 2007 Mr. Courtney Bednarz, City Planner CITY OF ANDOVER 1685 Crosstown Boulevard NW Andover MN 55304 CITY OF ANDOVER RE: Woodland Hills SE.14 of SW 14 Section 2 Township 32N Range 24W Dear Mr. Bednarz: As a result of the City staff's review of the preliminary plat and plans for our Woodland Hills project located off of Ward Lake Road, staff recommended the developer extend the cul-de-sac to the south property line to allow a connection for the owner of that property should he decide to develop his site in the future. As the developer, Woodland Hills Development, Inc. strenuously objects to any such requirement for the development of our site for several reasons, including: 0) 1. An almost identical plan was submitted last fall for Concept Review. During that review, which was approved by all who reviewed it, no mention was made nor requirement imposed for an extension of the cul-de-sac to the south property line. Relying on that Concept approval. we asked our engineers, McCom,bs Frank Roos & Associates to draft plans and plat consistent with that approval. To suggest this change at this late hour is unfair and unwarranted. 2. The property to the south already has access to Ward Lake Road through a long-standing field approach similar to the existing driveway on our property. Like us, the owner of the south property could simply improve his existing access. 3. The City has estimated that only two lots can be developed on the south property based on the City's current guide plan for that property. The cost to extend the cul-de-sac cannot be economically justified if only two additional lots are generated. . 4. Any extenSion to the south property would provide NO benefit whatsoever for buyers of lots in our development; the only benefit would be to the south property owner. As such, any requirement to extend the cul-de-sac should be paid for by the south property owner. 5. We have already agreed to extend a road off of our cul-de-sac to the north property line. Again, this extension provides NO benefit whatsoever to buyers of our lots. Although it appears the north property would have the opportunity to develop more than two lots, the cost is being assessed to us, not the benefited landowner. To compound the problem by requiring a south extension is unnecessarily punitive and unfair. We would be pleased to expound on our objections in person if you desire. Please contact me at (651) 439-2414 if you have questions or comments. 01. smc,# / ~ Joel T. Larson, Vice President -/3- 0: WOODLAND HILLS DEVELOPMENT, INC. 12415 - 55TH Street N. Lake Elmo MN 55042 Ph: (651) 439-2414 Fax: (651) 439-3254 May 9, 2007 RErLI" fCD , vC V 1... Mr. David D. Berkowitz Mr. Courtney Bednarz CITY OF ANDOVER 1685 Crosstown Boulevard NW Andover MN 55304 JUN 1 2007 C!TY OF ANDOVER RE: Woodland Hills SE 14 of SW 14 Section 2 Township 32N Range 24W Dear Messrs. Berkowitz and Bednarz: 0) At an earIler meeting with City staff to review comments and address concerns raised during staff review of the preliminary plat and plans for our Woodland Hills project, an issue was raised regarding a desire by the City to pave Ward Lake Road and to collect from us, as developer, a "deposit" for our "fair share" of that f\.1ture cost. At the time, our representative ubjected to any such requirement for a number of reasons and requested an estimate on what the City would be seeking. Since the meeting, our engineers, McCombs Frank Roos & Associates ("J\1FRA") have provided us the estimate received from City staff. By this letter, we wish to restate our objections to the collection of "estimates" for the improvement of Ward Lake Road for the following reasons: 0) 1. To our knowledge, the improvement of Ward Lake Road is not a project that the City has firmly placed on any City-approved engineering project list. As such, a . clear timetable for the improvements does not exist. To collect funds now for what might eventually evolve into a City improvement project is unreasonable and capricious. 2. Any City improvement project is required to survive a comprehensive design and feasibility analysis, including a determination of all the parties benefiting from the improvement and how those parties should be assessed fairly and equitably for the benefit received. The method of assessment is required to be publicly discussed, with all parties being assessed given an equal opportunity to publicly comment on the method and manner in which the assessment will be levied. No such design or feasibility analysis has been completed, nor have we as an effected owner been advised of the method and manner of assessment and glven an opportunity to publicly comment thereon. 3. The estimate of cost we received was for a "typical urban roadway". We don't even know if the City plans on Ward Lake Road being classified as an "urban roadway" or as "rural" for the reasons stated in 1 and 2 above. How can the City - /f- 0) justify the collection of any estimate until that determination has been made and detail plans, specs and bids have been received? 4-. We are the developers of this site. As such, we intend to develop the site and sell lots to builders who will construct homes on these sites. The homeowners will be the beneficiaries of the Ward Lake improvement, not us. Until the improvement is completed, not even the homeowners will benefit. At this point, no one has benefited from the improvement. To collect for it as though it has been completed flies in the face of fairness and equity. For all of the above reasons, we believe the City is placing an unreasonable burden on this project and we, as developer, if it attempts to collect for an undesigned, unscheduled, . futue improvement project at this time. We would welcome the opportunity to comment in Jlerson should you wish. Please contact me at (651) 439-2414 if you have any questions or commentS. sm1/ 1-1- Joel T. Larson, Vice President 01 01 -/5"'- OJ OJ OJ April 16, 2007 Courtney Bednarz City of Andover 1685 Crosstown Blvd Andover, MN 55304 RE: Kuiken Property Courtney, This is notice that, as the land owners adjacent to the proposed development by Select Development on Ward Lake Road in Andover, we are requesting a stub-in at the cul-de-sac area for possible future development of the buildable areas on our property. . Thank you, Jim Kuiken 612-242-5629 "':' /t. - ':Pf2.EVl/"'U<'Lf r2iEVI Ew E"D Sl(ts:r~H R~ o -17- o o o @ CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Develop FROM: Andy Cross, Associate Planner "i'j){ SUBJECT: Consider Lot Split / 3210 Bunker Lake Blvd / Riverdale Assembly of God - Planning DATE: October 2,2007 INTRODUCTION The pastor of the Riverdale Assembly of God church has applied to split the church's lot into two parcels. The new lot will be used by Bunker Hills Academy, which currently operates inside the church. DISCUSSION Both lots conform the City Code's requirements for the R-4 zoning district. The attached survey illustrates the proposed lot split. Lot details are shown in the table below: R-4 Parcel A Parcel B Requirements Lot Width (at setback) 80 feet 105 feet 390 feet Lot Depth 130 feet 618.73 feet 618.89 feet Lot Area .26 acres (11,400 sq. ft.) 5.5 acres 8.57 acres Lot Design The church is splitting off the rear 8.5 acres of its lot, which is currently an open field. The driveway along the west property line will be a part of this new lot, providing the required access to a public street. The driveway helps Parcel B meet the required lot width of 80 feet at the front yard setback. Access The existing church will remain on Parcel A, but the driveway that services the church will be on Parcel B. The applicants will be required to provide a cross-access agreement so the church has permission to use the driveway in perpetuity. o Q o Easements The applicants have indicated they will create a driveway easement on the property to allow the church permanent access. This can be accomplished with a cross-access agreement, which the City is requiring as a condition on this lot split. Utilities The property is currently served by municipal sewer and water. Capacity exists to serve the proposed school on the new Parcel B. Trail Fee A Trail fee in the amount of $612 will be required for the new property. Park Dedication The City has the option of collecting a park fee as indicated in the attached section of the City Code titled 'Optional Park Fee'. The applicant has provided the attached letter requesting this fee be waived. The amount ofthe park fee is determined by the zoning district. In this case, the property is zoned R-4, Single Family Urban Residential. As a result the applicable park fee would be one lot unit for each of the proposed lots ($2,515 per lot for a total of$5030). Planning Commissio.n Recommendation The Plami.ing Commission was unanimously supportive of the lot split, but the Park Fee was a topic of discussion. Six commissioners voted to waive the fee and one did not. ACTION REQUIRED The Council is asked to consider the applicant's request regarding Park fees, and approve or deny the lot split. Respectfully submitted, ~~ Andy Cross Associate Planner Cc: Larry E. Hale, Riverdale Assembly of God Church, 3210 Bunker Lake Blvd NW, Andover, MN 55304 Attachments Resolution Location Map Letter from Applicant Certificate of Survey Qptional Park Fee Park Dedication Amount Determined Planning Commission Minutes (Sept. 25, 2007) -2--- o o o CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. A RESOLUTlQN APPROVING THE LOT SPLIT REQUEST FOR RIVERDALE ASSEMBLY OF GOD CHURCH TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 3210 BUNKER LAKE BQULEV ARD NW (32-32-24-41-0002) LEGALLY AND DESCRIBED AS: The East 495.00 feet as measured along the north and south lines of the Northeast Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota. To be divided into properties to be described as; PARCEL A: That part of the East 495 feet as measured along the north and south lines of the Northeast Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the northeast comer of said Northeast Quarter of the Southeast Quarter; thence North 89 degrees 33 minutes 06 seconds West, assumed bearing, along the north line of said Northeast Quarter of the Southeast Quarter a distance of390.00 feet; thence South 00 degrees 27 minutes 00 seconds West a distance of 120.00 feet; thence southwesterly a distance of90.96 feet along a tangential curve, concave to the west, having a radius of 180.00 feet and a central angle of 28 degrees 57 minutes 18 seconds; thence South 29 degrees 24 minutes 18 seconds West tangent to last described curve a distance of 46.48 feet; thence South 89 degrees 33 minutes 00 seconds East a distance of 152.00 feet; thence South 00 degrees 27 minutes 00 seconds West a distance of 65.00 feet; thence South 89 degrees 33 minutes 00 seconds East a distance of200.00 feet; thence South 00 degrees 27 minutes 00 seconds West a distance of 40.00 feet; thence South 89 degrees 33 minutes 00 seconds East a distance of 83.00 feet to the east line of said Northeast Quarter of the Southeast Quarter; thence North 00 degrees 27 minutes 00 seconds East along said east line a distance of 698.89 feet to the point of beginning, Anoka County, Minnesota. PARCEL B: That part of the East 495 feet as measured along the north and south lines of the Northeast Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota described as follows Commencing at the northeast comer of said Northeast Quarter of the Southeast Quarter; thence North 89 degrees 33 minutes 06 seconds West assumed bearing, along the north line of said Northeast Quarter of the Southeast Quarter a distance of390.00 feet to the point of beginning; thence South 00 degrees 27 minutes 00 seconds West a distance of 120.00 feet; thence southwesterly a distance of90.96 feet along a tangential curve, concave to the west, having a radius of 180.00 feet and a central angle of28 degrees 57 minutes 18 seconds; thence South 29 degrees 24 minutes 18 seconds West tangent to last described curve a distance of 46.48 feet; thence South 00 degrees 27 minutes 00 seconds West a distance of 346.07 feet; thence South 89 degrees 33 minutes 00 seconds East a distance of 152.00 feet; thence South 00 degrees 27 minutes 00 seconds West a distance for 65.00 feet; thence South 89 degrees 33 minutes 00 -3~ o seconds East a distance or 200.00 feet; thence South 00 degrees 27 minutes 00 seconds West a distance of 40.00 feet; thence South 89 degrees 33 minutes 00 seconds East a distance or 83.00 feet to the east line of said Northeast Quarter of the Southeast Quarter; thence South 00 degrees 27 minutes 00 seconds West along said east line a distance of 618.73 feet to the southeast comer of said East 495 feet of the Northeast Quarter of the Southeast Quarter; thence North 89 degrees 40 minutes 47 seconds West along the south line of said Northeast Quarter of the Southeast Quarter a distance of 450.00 feet to the southwest comer of said east 495 feet of the Northeast Quarter of the Southeast Quarter; thence North 00 degrees 27 minutes 00 seconds East along the west line of said East 459.00 f~et a distance of 1318.73 feet to the northwest comer of said East 495.00 feet; thence south 89 degrees 33 minutes 06 seconds East along the north line off said Northeast Quarter of the Southeast Quarter a distance of 105.00 feet to the point of beginning., Anoka County, Minnesota. WHEREAS, the applicant has requested approval of a lot split to subdivide property pursuant to City Code Title 13 Chapter 1, located at 3210 Bunker Lake Blvd NW, 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; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; o WHEREAS, a public hearing was held pursuant to state statutes; and; WHERAS, the applicant has requested that the park fee be waived, and: WHEREAS, the City Council has reviewed the request to waive the park fee and determined ,and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, 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 lot split on said property with the following conditions: 1. A cross-access agreement shall be recorded with Anoka County to give the Riverdale Assembly of God Church permission to use the driveway on Parcel B in perpetuity. The applicant shall provide the city with a copy of this agreement. 2. The applicant shall be required to pay a Trail fee in the amount of$6l2. 3. o 4. The applicant shall record the lot split with Anoka County. -~ o o o 5. The new deeds for the property shall contain the legal descriptions included in this resolution. 6. That the lot split be subject to a sunset clause as defined in City Code Title 13 Chapter 1. Adopted by the City Council of the City of Andover on this _ day of _ 2007. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk --s~ 0 <S .... 0.. Q) > ro 02 '0_ C,C <t:,Q'l '" ....en o () Q) 0 .... en ~:~ .l!! 0 en en 0 OU '" '" _U.J on N Clen on .... ",en " 0 '" u.J<C i::i .c 0 ;; >~ " ~ " z .S '" C> Oz " "'" UJ ~ '" <C ~o I Cl a: w iti ~ ~ ..() UJ w "" U OJ -' f- a: a: " '" '" ~;2 ~ ~ ~ ~ en '" '" :0 <l. c. c. '" 50 " 'Q <( IIIBB '" '" 16 oZ 1ii ;>; ::;: ::;; ::;; '" en<c i5 6"'" "I>< D ::i w UJ :.: ::.5 0:: UJ :.: z iil 061>< i I:J! -"-.-l~i -6- 6~ Riverdale . . . a bridge to Christ 3210 8unker Lake Blvd. NW Andover, MN 55304 763.421.8080 www,riverdalechurchandover.org August 27, 2007 Mayor Mike Gamache and City Council City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mayor Gamache and City Council: Riverdale Assembly of God has applied for a lot split to sell property to Bunker Hills Academy at 3210 Bunker Lake Blvd. NW [The East 495.00 feet as measured along the north and south lines of the Northeast Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota]: See accompanying Sketch . Plan for Bunker Hills Academy Exhibit B. It is our understanding the City of Andover can assess a park fee regarding sale of property. Because of the nature of the project-a school to be built with playground and ball fields-we are requesting that any park . fees that may be assessed by the City of Andover be waived. Thank you for your consideration of this waiver. If you have question regarding the lot split, please call me at 763.421.8080. You may also wish to speak with the Bunker Hills Academy Administrator Gary Peterson at 763.421.3530. Courtney Bednarz has a sketch of the property and what is proposed in the lot split Thank you so much for your time and consideration. Yours truly, ~~ Pastor/CEQ c: Courtney Bednarz & Gary Peterson presenting LMNG PROOF of a LOVING GOD to a WATCHING WORW --7- _VN "__tar(1/' III 1/.". II' >>-1::11~"'~_", H6S0JS'06-W o - If BUNKERI' · I .; · I !i I c ';, i:: -~-- m ~ ::: ::: ~ ::, :!: lIOn. ...~ ,.. ::: ':': '.. :!: ~s._ 0 ~i:~ 1".Ii 'i~. ,iI I I I I , Har40'47"W / I " / c I / I I _II<,rol"VIHl! . ~'::~:,.':'! #-If( "'f1'"~ ,/- ,.-- ueR-TJ1-1t.P ( x::.R-Ql-/U' 49'.00 -~ BL F D. {, '; LA KE --- _T -~ I J . '<( , i;J H . ! '-' !1 I II: i! 0': . 1 ~ j i ! , i. > '" I ~n ll: ;1 0': . I \ \ '., \ \ .1._-: -' rS. J ~., I Itl I .iv 4'$,00 / / / c -?~ ~ OIl I"" LL.8 , ..,. > .., ~!I I 2~!i w inU () 0- Lu!l hi W w ~Il 'Q ~m a: I' t () 0 Ii ll!r.il!li.l: II lllllll'II,III, , Ai': 1111' I if ltili'li.l,.;ll!l ',.1 'I ' '1 \j ~I fI".Jln li lJ!l:ill'i~~i '. ~1!.I.ldl'l If 'I, · II, I. 'I"' '{ 'I l,l'I~I,I'.I: I, Illlhll!11h '1 " II' 'II" ! '. 'I I" II ~I '1!I'!.II"!' 1'1 1,1,lh,dUd " " 'II I flil c\"f Uj~ nl i,l. &hf I fji ~. - . ,I "~ I" J II If ;I o ; II: j ';i ~ JJ ~ !~! c 11\ t 111:~i ; ]:2 l. ~ o o o o ()P77or.JIIJrL p~ ht; subject property. o E. Current zoning and legal description. F. Sufficient proof that the lot has not been split within the last three (3) years. G. A list of the property owners within three hundred fifty feet (350') of the lot split. H. Such other information as may be required to fully represent the intent of the lot split. (Amended Ore!. 40, 8-16-1977) 1 3-1-!;i: FEES: A. There shall be a single charge as set forth by ordinance plus consultant's fees, if any, for a lot split application 1. '> B. Where parkland was dedicated or a park fee paid at the time the original parcel was created, there shall be no park fee assessed or land dedicated at the time of the lot split application. If no park fees have been assessed nor land dedicated as above, the fee, as set forth by ordinance for each lot created under this chapter, may be assessed for park fees2. (Amended Ord. 40,8-16-1977; amd. 2003 Code) o 13-1-6: REVIEW AND RECOMMENDATIONS: A. Planning And Zoning Commission Review: The proposed lot split shall first be presented to the Planning and Zoning Commission for its review and recommendation. Such recommendations shall consider land uses, traffic control, zoning regulation, future developments, and conformance with the comprehensive development plan, and any other criteria deemed pertinent by the Planning and Zoning Commission. (Amended Ord. 40,8-16-1977) B. Notice To Adjacent Property Owners: Upon receipt of an application for a lot split, the Community Development Director shall notify by mail all property owners within three hundred fifty feet (350') of the property of the date of the review of such lot split. (Amended Ord. 40, 8-16-1977; amd. 2003 Code) C. Planning And Zoning Commission Recommendation To City Council: The division of a lot may be recommended for approval; provided that such split is in conformance with the City Comprehensive Plan, does not interfere with orderly planning, is not contrary to the public interest and does not nullify the intent of this chapter. o -'1- 1 See subsection 1-7 -3H of this code. 2 ,....__ _..L.___L:__" ~""',-.. _.r..&.L..~_ __.....1_ o ~i. J)eOIc:.A:nON AMoc-rT' U;e.utll;'; The Park and Recreation Commission shall further recommend changes and amendments to the Comprehensive Park Development Plan to reflect changes in the usage of land which may occur, changes in zoning classifications and concepts and changes in planning and development concepts that relate to the development and usages to which the land may be put. o 3. Park And Recreation Commission Recommendation: The Park and Recreation Commission shall, in each case, recommend to the City Council the total area and location of such land that the Commission feels should be so conveyed or dedicated within the development for .park, playground, open space and public use purposes. C. Cash Contribution In Lieu Of Lands: o o. 1. Amount Determined: a. In those instances where a cash contribution is to be made by the owners or developers in lieu of a conveyance or dedication of land for park, playground, open space or public use purposes, the Park and Recreation Commission shall recommend to the City Council the amount of cash said Commission feels should be so contributed. Such recommendation shall be based on the market value of the undeveloped land that would otherwise have been conveyed or dedicated. > b. In lieu of land dedication, the City may require from the developer or owner a cash contribution which is based on a fee per lot/unit basis for the development of residentially zoned property. In the case of the development of commerciallindustrial zoned property, the City may require a cash contribution from the developer or owner which is based on ten percent (10%) of the market value of the land. These fees 1 are established and adopted by the City Council and are effective for any plat that has not received preliminary plat approval after the date of publication of this title. The fees would also apply to plats that have received preliminary plat approval, but have not received final plat approval by the City Council within twelve (12) months of the publication date of this title. If an extension is requested of the preliminary plat beyond the twelve (12) months, the fee that is in effect at the time. of the extension is the fee that is to be contributed. Park cash contributions are to be paid to tile city prior to the recording of the final plat at the county. The City Council may require the payment at a later time under terms agreed upon in the development agreement. Delayed payment may include interest at a rate set by o 1 See subsection 1-7-3G of this code. -/0- o o o (b) CITY OF NDOVE .0 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-892 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers Jim Dickinson, City Adrninistrat Will Neumeister, Community Develo ent Directorw...4.- FROM: Chris Vrchota,Associate Planner~ CC: SUBJECT: Consider Conditional Use Permit/Outdoor Storage/3ll8 - l62nd Lane NW- Planning DATE: October 2, 2007 INTRODUCTION The applicant is seeking a conditional use permit to allow for outdoor storage on their property. This would allow a roll-off dumpster business that has been run on the site since 2005 to remain in operation. DISCUSSION Outdoor storage is a conditional use in the Industrial zoning district. This allows the City to review the site and set conditions to ensure that the storage will not have a negative impact on neighboring properties. o The attached letters from the property owner and manager of the roll-off business layout their proposal for the storage of the dumpster boxes on the site. They state that there will be a maximum of 13 boxes on the site, with at least 10 of them being empty, that all boxes that have material in them will be covered while on the site, and that full boxes will remain on the property for no more than 3 days. These stipulations have been included as conditions in the attached resolution. A condition requiring that boxes not be stacked higher than the fence that provides the required screening has also been included. Site improvements for this property will be reviewed under the newly adopted interim performance standards for the Hughs/Westview Industrial Park area. Upon reviewing the site, staff recommends the following improvements. · Paint the Exterior of the Building- The sheet metal exterior of the building' is starting to rust. A coat of paint would enhance the overall look of the property. · Pave the Driveway and Front Parking Lot- the driveway onto 162nd Lane and part ofthe parking lot are gravel. This results in gravel and dirt being tracked onto the street, as shown in the attached photographs. o o . Stripe the Front Parking Lot- The front parking lot area is not striped. Striping would allow for more orderly parking and help ensure that the required number of parking stalls are being provided. . Landscape the Front of the Building- Landscaping should be provided in front of the building to provide some screening and a more attractive view from the street. A detailed landscape plan will need to be provided. . Dust Control in Rear Lot- Dust control measures should be used in all unpaved areas in the rear storage area. . Additional Fencing- The applicant has proposed placing a new wood or concrete fence at the entrance to the rear storage yard. This would provide additional screening from the street. Planning Commission Recommendation The Planning Commission agreed with staff's recommendations, and added a requirement that the radio tower attached to the front of the building be removed. This tower was used by. the former occupant of the building and is no longer used. This condition has been included in the attached resolution. The Planning Commission unanimously recommended approval of the proposed CUP. The City Council will need to determine what site improvements will be required, using the interim performance standards as a guide. Applicable Ordinances Chapter 12-5-6 B of the Andover City Code provides the following criteria for the issuance of a Conditional Use Permit: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. o 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the comprehensive plan, the City Council may grant such permits. Staff Recommendation Staff recommends approval of the proposed Conditional Use Permit subject to the conditions in the attached resolution. o o -z...~ o o o Attachments Resolution Location Map Site Plan Letters From the Applicants Site Photographs City Code l2-13-23: Interim Performance Standards Planning Commission Minutes- 09.25.07 (When Available) o ACTION REQUESTED The City Council is asked to approve or deny the proposed Conditional Use Permit subject to the conditions of the attached resolution. ~It,r Chris Vrchota Cc: Rick Lindquist, 3118 1 62nd Lane NW, Andover, MN 55304 Dave King, 613 lllth Avenue NW, Blaine, MN 55434 o -5- o o o CITY OF ANDOVER CQUNTYOF ANOKA STATE OF MINNESOTA o RES. NO. A RESOLUTION APPRQVING THE CQNDITIQNAL USE PERMIT REQUEST QP RICK LINDQUIST FOR OUTDOOR STORAGE IN THE INDUSTRIAL ZQNING DISTRICT ON PROPERTY LOCATED AT 3118 1620d LANE NW, (PIN 16-32-24-23-0023) LEGALLY DESCRIBED AS: The east 250 feet of the west 650 feet of the south 433 feet of the north 2184.99 feet of the west 1/2 of the northwest 1/4 of Section 16, Township, 32 Range 24, except road, subject to easements of record. WHEREAS, Rick Lindquist has requested a Conditional Use Permit for retail trade and services in the industrial zoning district, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; o NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for retail trade and service in the industrial zoning district on said property with the following conditions: 1. Based on City Code 12-13-23: Interim Performance Standards, the following site improvements, as determined by the City Council, shall be made: a. Painting of the exterior of the building. b. Paving of the driveway and front parking lot. c. Striping ofthe front parking lot. d. Landscaping in the front of the building, in conformance with an approved landscaping plan. e. Dust control measures used in the rear storage yard. f. Construction of a new fence to screen the rear storage yard from l620d Lane. g. Removal of the radio tower on the front of the building. 2. All dumpsters stored on the site shall be screened from view from adjacent properties. 3. No dumpster or material shall be stacked above the fence line. 4. A maximum of 13 dumpster shall be allowed on the site. 5. Dumpsters with material in them shall not be stored on the site longer than 3 days. o ~'I- o o o 6. Dumpsters with material in them shall be covered at all times. 7. The Conditional Use Permit shall be subject to a sunset clause as per section l2-14-6-D of the Andover City Code. Adopted by the City Council of the City of Andover on this _day of ,2007. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk --S"-- o o Q ~a. <llro 1:;:2 "0_ c.<:: <(OJ ~U5 DC) >>';;; 00 J.I.; ." :~ b z w ~ (!) '" Co> W w ~ U -J J- a: II 0... 3 if if ~ IlIlJD / , / ; I 69E9~ I I ' / .....rl ~Oii{vi ! I "~" ~ ! '\..... ' ~LE9~ ~ I "~" T, , E O~OE E '" '" o .., W orOE ~ I ^ I- 090E (_.~, . ;1;i . . ~ 1---------:--1 zl '90~E ~ ,....Ji t~Dm~.N~L: ~i '" .., <D E rUE '" o '" <D .., '" M 9~E9~ i '" '" .., 09~E iZ i-.J \ '\ '" '" .., <D 10 In::: ~ 9~E~ ~ !~.._.._". o o M , L.._..__.._~ <D ~ .., ~ l2 9L8~ 9L6~ 9L6~ ~~O~ ~~O~ HOE 990E 990E '" '" 0 .., 9LOE 90~E 9H~ 9~~E 6E~~ 6r~E I 8E~E L-...........T-..'....-- ! ! 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'" "! co o -0 ... o 'tl o '" CD 0- n o '" - !!!, '" CD ... v .'- ~ . ;a- "".- ....,,0 .8tZ ~ o -7- o o o NORTHERN CYLINDER HEADS 3118 - 162ND Lane NW Andover, MN 55304 RECEIVED June 4, 2007 JUN 5 2007 o Mayor and Councilmembers City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 CITY OF ANDOVER Re: Conditional Use Permit for 3118 I 62nd Lane Please consider this letter as my request for your consideration of a Conditional Use Permit for the purpose of outdoor storage of roll-off dumpsters on the above referenced property in an Industrial Zoning District. I was not aware of the City Code requirement for such a permit as the property was being used for this purpose at the time of my purchase in 2005. An inspection by Mr. Cross advised me of the requirements to be in compliance with City Code. Following is general information relating to my permit application: · No garbage will be in containers on-site. · Containers will hold construction waste only. · Containers, if full, will always be covered. · Plan is to relocate containers pursuant to site plan. · Total maximum containers on-site will be 13 of which 10 will be empty · Full containers will remain on site no longer than 3 days. · LePage & Sons have designated trucks and trailers to pick up full containers for disposal, however, due to holidays, weekends, Saturday pick-up and equipment breakdowns the maximum 3 days storage are required, Proposed property improvements: . Paint Building · Landscape Front Yard · Wood or Concrete Front Fence It is my understanding that I am to be in attendance at the City Council Meeting as well as the Planning and Zoning Commission. I will be available for anyone to contact me at 612-810-6098 to answer any questions or provide additional information. Thank you for your consideration. Sincerely, ~ - Rick D. Lindquist Northern Cylinder Heads CC: Planning & Zoning Commission Jim Dickinson, City Administrator Will Neumeister, Community Development Director Courtney Bednarz, City Planner Andy Cross, Associate Planner o --3- o 613 -111th Ave. NE Blaine, MN 55434 763.757.7100 763.772.0633 fA www.LePageandSans.com ""'" June 4. 2007 Mayor and Council Members City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 RE: Request for Conditional Use Permit LePage and Sons Inc. would like to respectfully request the consideration of the Mayor and City Council of Andover in the issuance of a conditional Use Permit (CUP) for the property located 3118 162nd Lane NW. Mr. Lindquist's letter will outline the conditional use permit request as it pertains to Title 12, Chapter 12 "Outdoor display. Storage. and Sales" of the city code. o We have operated from this location since the fall of 2005 and not until recently did we discover that we were in violation of City code. Knowledge of similar operations from this industrial zoned location prior to our arrival lead us to believe our business would be compliant with code. We are a family owned locally operated business with a successful past and bright future in the community. We take a great deal of pride in our work and our contributions to the communities in which we work and live. We would like it to be known that we would never knowingly violate city code. The primary focus of our business is to supply waste solutions to local contractors, business and residents. We are strictly a Rolloff business with primary focus centered on the construction industry, with many of our customers and clients living and working within the city of Andover. We are committed to working diligently with Mr. Lindquist to make the necessary improvements outlined in his request in a manner that is both fiscally and timely prudent. We would look forward to the opportunity to review the requirements necessary to bring the property with in compliance to continue our operations from this location and remain a part of Andover's' strong business community. Sincerely, ~g~ Dave King General Manager Lepage & Sons Inc. Ph: 763-757-7100 o CC: Planning & Zoning Commission Jim Dickinson, City Administrator Will Neumeister, Community Development Director Courtney Bednarz, City Planner Andy Cross, Associate Planner o -r-- Locally Owned and Family Operated o o o ~,----, :-~..-''T~__-:2'.-,,_ '... o o o o o 12-13-23: INTERIM PERFORMANCE STANDARDS: A. Purpose: Interim performance standards are intended to establish an alternative level of site improvements for properties located in the rural industrial' area generally referred to as the HughsIWestview industrial park area. The City acknowledges that the lack of municipal utilities limits the development potential of these properties. These performance standards are. intended to allow continued use, expansion and redevelopment with a level of site improvements that is commensurate with the development potential of the properties. B. Applicability and Scope: This section shall apply to any expansion of use requiring a conditional use permit or commercial site plan on all properties generally described as the Hughs/Westview industrial park area and legally described as the southwest quarter of the northwest quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota and the west half of the west half of the southeast quarter of the northwest quarter of section 16, Township 32, Range 24, Anoka County, Minnesota. C. Procedure: Applications shall be processed under the Conditional Use Permit procedures described in City Code 12-14-6 except as follows: 1. Application: The property owner or designee shall submit a complete application to the Community Development Department. A complete application consists of the following: a. A completed Conditional Use Permit form and fee as described in City Code 1-7-3. b. A site plan that describes all of the existing and proposed site improvements, including the dimensions of the property, buildings, parking, landscaping and storage areas and distances from property lines. c. A letter describing the existing use ofthe property, the proposed use of the property and all of the proposed site improvements. d. Other information deemed necessary by staff to review the request. 2. Council Determination: The City Council shall approve or deny the application based on the factors established in this section. The City Council may attach such conditions as they determine necessary to provide the appropriate level of site and building improvements to accomplish the purpose of this section. The level of required improvements shall be determined on a case-by-case basis. Applications shall be reviewed based on the following factors: a. Existing appearance of the building and site; -/3~ o b. Compatibility of the proposed site development plan with the other industrial properties in the area; c. Effect of the proposed use and the proposed site development plan on the adjacent residential neighborhood, including traffic, noise, glare, buffers, and environmental impacts; D: Deviations to the performance standards will be considered in the following areas: 1. Parking and Impervious Surface Areas: a. Screening, landscaping, visual appeal, and lighting of parking lot areas. b. Paving of parking areas for customers. c. Dust control measures for unpaved parking and storage areas. 2. The amount, type, location, and screening of exterior storage requested as a part of any Conditional Use Permit. 3. Screening of mechanical equipment and trash bins/dumpsters. o 4. Other factors related to the new development proposal, as the City Council may deem relevant. E. Term of Approval: Interim performance standards approved under this section shall endure until City sewer and water are extended into the area affected by this section. At that time, any future expansion or redevelopment of the affected properties shall be required to fully conform to the regular performance standards of City Code 12-13. F. Other Requirements: Proposed improvements or changes in use will be reviewed by the Building Official and Fire Chief. They will make a determination of whether or not the building(s) on the site need to be brought into compliance with applicable building and fire codes. Site improvements must also be made to meet the requirements of the National Pollutant Discharge Elimination System (NPDES). No portion of this section shall be used to vary from these requirements. o -/1--- o ([j) 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . W,CI.ANDOVER,MN,US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrat~~ Will Neumeister, Community DevelOpm nt Director~ Courtney Bednarz, City Planne4. FROM: SUBJECT: Consider Agreement with Anoka Conservation District for Natural Resource Inventory - Planning DATE: October 2,2007 INTRODUCTION The Open Space Advisory Commission recommends that the Council approve the attached agreement with the Anoka Conservation District (ACD). The purpose of the agreement would be to define the scope of work and compensation for work to complete a natural resource inventory for the city. DISCUSSION The Open Space Advisory Commission has been working with ACD to evaluate available base information including the different types of tree and plant communities, floodplains, wetlands, wildlife corridors, and other information. The proposed agreement will allow the city to utilize the expertise of ACD to focus the data in ways that will help the city prioritize potential preservation areas. ACD has committed to donating 15 hours of work to help the city. If the work takes the amount of hours described in the agreement the total cost to the city will be $2,480. The city will be provided the information digitally and has the capability of printing maps to prevent these types of costs from being charged to the city. The Commission and staff will be working closely with ACD throughout this process to ensure the final product meets the city's needs. The City Attorney reviewed the attached agreement and had no legal objection. ACTION REQUESTED The Council is asked to approve the attached agreement. Attachment Memorandum of Understanding o 1iYS b o o o MEMORANDUM OF UNDERSTANDING Between the CITY OF ANDOVER And the ANOKA CONSERVATION DISTRICT For Assistance With AN OPEN SPACE PROTECTION OPPORTUNITIES MAPPING AND EVALUATION PROJECT This AGREEMENT is made and entered into by and between the CITY OF ANDOVER, hereinafter referred to as the "City", and the ANOKA CONSERVATION DISTRICT, a subdivision of state government organized under MN Statute 103C with a regular place of business at 16015 Central Ave NE, Suite 103, Ham Lake, MN 55304, hereinafter referred to as "ACD." WITNESSETH WHEREAS, ACD and the City have the common objective of properly managing and protecting natural resources and open spaces; and WHEREAS, the City is a legally authorized unit of government currently seeking support in its planning; and WHEREAS, ACD has the technical expertise to provide for the City assistance with such a planning effort; and WHEREAS, the City and ACD are mutually interested in cooperating with each other in order to facilitate implementation of the attached work plan for the Project; and WHEREAS, the parties agree that it is in their best interest to define their respective responsibilities and obligations; and WHEREAS, the parties are authorized to enter into agreements for activities herein described; NOW, THEREFORE, it is mutually agreed that; Article 1 Purpose The parties agree that they have joined together for the purpose of implementing a Open Space Protection Opportunities Mapping and Evaluation Project, which is attached hereto as Exhibit A and incorporated herein by reference. All tasks related to implementation of the Open Space Protection Opportunities Mapping and Evaluation Project shall be referred to as the PROJECT. Article 2 ACD R sponsibility The ACD will facilitate implementation of the PROJECT. This will be accomplished by; Page 1 of 3 o . Carrying out the tasks of the PROJECT as described in Exhibit A, as feasible considering staffing and time constraints. . Provide 15 hours of ACD staff time at no charge . Provide tracking of services provided, hours worked, and materials used for invoicing purposes. Article 2 City Responsibility City is responsible to: . Provide reimbursement to ACD for all eligible costs for materials as identified in Exhibit A. . Provide compensation to ACD for services rendered as defined in, and at the rate specified in, Exhibit A. o Article 4 Disbursement of Funds City agrees to furnish payment to the ACD upon invoice no later than June 30, 2008. Article 5 Contracts and Purchases All contracts let and purchases made pursuant to this agreement shall be made by the ACD in conformance with requirements applicable to the ACD as identified under Minnesota Statutes. Equipment purchased will become property of the ACD. Software purchased or used in conjunction with this Project will be available to the City on an ongoing basis without charge. ACD shall not contract the Project to a third party or purchase equipment or software to complete the Project without prior written authorization from the City. Article 6 Disposition of Plans, Reports and Other Data ACD and the City shall work collaboratively and freely exchange information at the request of either party through the course of the Project. At the time of completion or termination of the work, the ACD shall make available to the City all maps, tracings, reports, resource materials and other documents pertaining to the work or to the PROJECT. Reliance on this information by any party other than the City or ACD shall be at the third parties risk without consequence to the City or ACD. All data and information obtained by the ACD in the performance of the work herein may be kept and used by the ACD at its discretion, ensuring no violation of state or federal data privacy laws and regulations, to the benefit of the public. Article 7 Term and Termination This agreement shall commence when executed by both parties and shall continue until terminated. This agreement shall terminate immediately upon completion of the PROJECT or upon 30 days written notice to the other party. Notice of Termination shall be made to: o City of Andover Attn: City Administrator 1685 Crosstown Blvd. NW Anoka Conservation District 16015 Central Ave. NE Suite 103 Page 2 of 3 c o o Andover, Minnesota 55304 Ham Lake, MN 55304 Article 8 Mutual Indemnification The City and ACD mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. Article 9 Affirmative Action and Equal Employment Opportunities In accordance with the ACD's policy of affirmative action and policy against discrimination, no person shall illegally, on the grounds of race, color, religion, sex, veteran's status, marital status, public assistance status, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied benefits of or be otherwise subjected to discrimination under any program, service or activity hereunder in accordance with the provisions or any and all applicable federal and state laws against discrimination. Article 10 Entire Agreement The entire agreement of the parties is contained herein including attachments "Exhibit An Open Space Protection Opportunities Mapping and Evaluation Project: Plan of Work. Any alterations, variations, modifications or waivers of the provisions of this agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. FOR THE CITY: FOR THE ACD: BY: BY: ITS: ITS: DATE: DATE: BY: BY: ITS: ITS: DATE: DATE: Page 3 of 3 Memorandum of Understandinq Attachment A Open Space Protection Opportunities Mapping and Evaluation Project: Plan of Work A. Description of Work The City of Andover, hereinafter referred to as City, and the Anoka Conservation District, hereinafter referred to as ACD, have entered into an agreement to actively participate in an open space and natural resources planning effort. Under this agreement City and ACD have responsibilities as described in the Memorandum of Understanding. This attachment outlines the timeline for the Open Space Protection Opportunities Mapping and Evaluation Project and associated work, establishes the process by which specific tasks will be incorporated into this work plan, specifies the cost per unit of any services to be rendered, and specifies the resource and personnel commitments, duties, and responsibilities of City and ACD. B. Timeline The timeline shall be as needed to complete the work tasks. o C. Resource and Personnel Commitments City shall appoint an official contact for purposes of communication between ACD and the City. ACD shall commit the services of a Natural Resources Planner equivalent as needed to accomplish agreed upon tasks. . D. Work Tasks Work tasks shall be as follows: A) City-wide mapping of natural resource patches/high-quality natural resource areas (completed) - B) Conservation zone assignment and zonal analysis including division othabitat clusters into smaller subsets based on connectivity and barriers such as major roads. Includes zone maps and narrative zone and patch descriptions (24 hours) o Upon Completion of the work tasks described above, the Project shall be presented to the City Open Space Advisory Commission for further direction on the completion of the following work tasks: ' o o o - C) City-wide and zonal statistical breakdown, including full statistical breakdowns of patch size, type, rarity, etc. The statistical breakdown shall be supplemented with site/patch ecotype descriptions (16 hours) - 0) Site ranking and description, including assistance in development of natural resource patch/candidate site ranking criteria, shall be provided using ecological principles and patch/cluster characteristics to create tiered ran kings of individual patches and/or clusters (25 hours) - E) Use land cover characteristics and patch/cluster information to identify potential corridors for creating/maintaining ecological connections across landscape (6 hours) S T bl ummar ,/ a e Est. Total ACD TASK DESCRIPTION Hours Cont. Billable Task A City-wide mao of natural resources 6 6 0 Task B Conservation zone aeneration, mappina, descriptions 24 9 13 Statistical breakdown and analysis + ecotype Task C descriptions 18 0 18 Task 0 Site/cluster tiers and rankinas 25 0 25 Task E Cor.ridor/Hub maopina 6 0 6 79 15 62 Additional work tasks to be completed shall be mutually agreed upon by ACO and City. ACO shall invoice for, and City shall be responsible to provide compensation for, only those services rendered for which City provided prior written authorization. Prior written authorization shall include description of task(s) and an authorized number of staff- hours or range of staff-hours. E. Duties and Responsibilities: City shall reimburse ACO for costs of paper, ink, and other supplies used in the production of maps, charts, graphs, and other documents for use or publication by City. ACO agrees not to print maps, charts and graphs for use by City without prior authorization from City. City shall compensate ACO for staff services rendered at the rate of $40.00 per staff- hour. ACO estimates that the number of billable hours required to complete the Project is 62 hours. In the event that the estimated number of hours is reached prior to completion of the Project, ACO shall not proceed further without an amendment to this agreement agreed upon by the ACO and the City that includes an updated description of tasks and an authorized number of staff hours. ACO shall provide detailed accounting for all invoiced expenses and/or charges. o o 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 TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members ~ Jim Dickinson, City Administrator ~ David D. Berkowitz, Director of Public Works/City Engineer Todd J. Haas, Asst. Public Works Director Consider No Parkingl14Sth Lane NW /Prairie Knoll Park/03-1 - Engineering October 2, 2007 INTRODUCTION This item is in regard to approving a resolution designating no parking on both sides of the street along a section of 148th Lane NW west of Prairie Road NW, Project 03-1. DISCUSSION Attached is a petition and letters from some of the residents in the area requesting that no parking signs be installed along 148th Lane NW west of Prairie Road NW. Also attached is a letter from a resident that is not in favor of the no parking restrictions. City staff and the Sheriff's Department are aware that there have been issues at Prairie Knoll Park. Staff has discussed this with Terry Boe, President of Andover Football Association on a few occasions to see if the City can get some help on the parking issues. Mr. Boe has continued to remind coaches within their association to stress to parents that they need to park in one of the three designated parking lots. . From staffs perspective, there is more than enough signing at the south parking lot to let drivers know there is overflow parking at the north end and east side of the park. The football association is also doing everything they can to spread the games apart. They do not want to spread the games too far apart because referees are doing two games back to back. This could lead to difficulties retaining or recruiting referees. Typically, referees are paid per game and not by the hour. In discussing the issues raised by the property owners with Mr. Boe, there have been two days during this football season that have been an issue with parking. The first parking issue was when the football association had their kickoff football jamboree in late August. The jamboree is a chance for the associations to showcase to other communities the nice facilities Prairie Knoll Park and the City have to offer. Also having these jamborees in Andover has benefited the local businesses. The second parking issue, which occurred a couple weeks ago, was when the association had team pictures going on and one of the fields was being used for games. o Mayor and Council Members October 2, 2007 Page 2 of2 Just so the Council is aware, the Anoka County Sheriff's Department has been to the park on numerous occasions and has been ticketing vehicles in the no parking zones. It is staff's understanding that in a few cases vehicles have been parking on Prairie Road NW when they could have easily parked in the north parking lot. Prairie Road NW as you may know is posted as 50 MPH. The letter from the Vidervols brings up a very good point that if the City approves no parking along 148th Lane NW people will be forced to park on Prairie Road NW, which may not be safe. ACTION REQUIRED The City Council is requested to approve the attached resolution designating no parking on both sides along 148th Lane NW between Palm Street NW and Prairie Road NW. o Respectfully submitted, T~~~ ./ .././ /' Attachments: Resolution, Letters, LocatlOn Map & Photo cc: Marty & Cindy Heilman, 720 - 148th Lane NW, Andover Jim & Paula Linehan, 665 -148th Lane NW, Andover John & Denise Vidervol, 725 _148th Lane NW, Andover Carol & Severin Brenny, 645 - 148th Lane NW, Andover Tom & Lois Petrich, 14815 Palm Street NW, Andover Terry Boe, President of AF A Dan Mas10ski, Chair of Park & Rec Commission o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF 148TH LANE NW BETWEEN PALM STREET NW & PRAIRIE ROAD NW, PROJECT 03- 1. WHEREAS, the City Council is cognizant of the public nuisance, traffic hazard and congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to a problem. o NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone. Adopted by the City Council of the City of Andover this 2nd day of October , 2007. ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o O~-I o Marty Heilman 720 148th Lane NW Andover, Minnesota 55304 (763)434-7301 Andover City Hall Attn: Jim Dickinson 1685 Crosstown Blvd. NW Andover, Minnesota 55304 September 11, 2007 Dear Sir, I appreciate your assistance in helping with the issue on the parking problem along the boulevard on 148th Lane next to Prairie Knoll Park. o Per our telephone conversation on September 11,2007, I'm submitting along with this letter a signed petition from the citizens involved with this issue to have "No Parking" signs installed along the boulevard on 148th Lane, west of Prairie Road, to Palm Street. Hopefully this will solve the issues involving people driving and parking on the boulevards damaging the grass and sprinkler systems. Thank you for your attention in this matter. If there is anything else I can do to help resolve this issue please contact me. o o Petition Regarding "No Parking" signs. September 11, 2007 The following is a signed petition from concerned citizens of the City Andover regarding installation of "No Parking" signs to be place along 148th Lane between Prairie Road NW, west to Palm Street NW. The following signatures listed below are those residents in favor of the proposed petition, whose property is affected by this change, and are requesting the signs be installed by the city of Andover. Addresses affected Printed Name Signature C ../ , 1. 645 148iliLoneNW[4,pJ -Se-,IUin grf}J)f:!-- . .... ~. T~ ___ 2. 665148iliLoneNW ~ · Iou ~ . - ~ r' ~A..... 3. no 148th Lane NW_\UA,~(\)~y ~\M\~ G- 4. n5148thLane~-- 'N o-c \N '\=AvoQ . 5. 765 148th Lane NW - N a ~ \ \'J t:: A \j oC2.. 6. 14815 Palm ST. NWfOik Fe:-fr I r;( Q .(..oi~ ft:tr';ch ~p~ ~O~J rniJd/ . 03-' o Jun Dickinson, Andover City Administrator I'm following up on our phone conversation Monday morning regarding Prairie Knoll Park's congested parking lots, Thank you for listening to our concerns. As you know, this is not a new situation and involves other sports that use the park as well, although football seems to have a larger membership, In the past we contacted someone at the City offices, but the various park issues seemed to stop there. As our city grows, so does its athletic associations, and several issues will probably increase as well with the parks increased usage. We're glad residents are using the park; however, I'm sure you're also aware of the increased neighborhood vandalism, loose garbage, use of the neighbors trees as a quick bathroom stop, and frequent doughnuts made by vehicles on the gravel lots. We must often leave our house windows closed during windy or heavy lot usage, as the dirt usually drifts our way, We would certainly favor paving the existing lots at Prairie Knoll, similar to other large city parks, which could also aid with the parking problem as they would have lines designated and boundaries for parking, o Attached are some photos showing the parking situation on Sunday, Sept. 9 in the north lot. As you can see, the lot was overflowing with 4 rows in the lot, and even extended onto the pavilion area grass. Several drivers drove through the ditch and also parked in the ditch, disregarding the posted park rules and the access driveway. Would they drive and park that way in their neighborhood? A little later, they were parked on both sides of the street and at least 5' onto our grass, and limited the traffic flow to one car width, Thankfully, there were no accidents or emergencies, as emergency vehicles couldn't have gotten through to the fields! When the sheriff arrived, she started to ticket some cars; however, without "no parking zones" posted, it was useless! I had heard that the reason for the increased traffic on Sunday was due to individual/team photos of approx 1,200 kids from 3 pm to 7 pm, a short 4 hour time period! As I suggested to you over the phone, either they could have increased the time period, thus spreading out the flow; or utilize another public space for the event that could handle the congestion and have ample parking for them, such as public school grounds like Andover High, Oak View, etc; especially when they are holding the large event on a weekend. On previous weekends, the football association had their jamboree, etc., and the parking situation was almost as congested with parking on 148th Lane and Prairie Road, Perhaps either their scheduling shouldn't be so tight, or the city needs to address increased parking space, perhaps at the overflow lot on Prairie Rd. Thank you for your consideration of this matter, Awaiting your reply, o Jim & Paula Linehan If 'd~ &~~ "'-.J \c...../ Prairie Knoll Park at 14Sth Lane NW North Parking Lot Sept 9, 2007 4 pm \cJ 03-1 o September 23, 2007 Jim Dickinson 1685 Crosstown Blvd. Andover, Minnesota 55304 Dear Mr. Dickinson: Enclosed is the letter we distributed to our neighbors this last weekend. We have been told by 3 other neighbors that they also are NOT in favor of a "no parking" restriction. We did not go door-to-door with these letters. We placed them in their paper delivery boxes. We didn't want to create a political battle in the neighborhood. We just wanted to inform the neighbors that there are 2 sides to this petition. We hope and pray this does not get any bigger and just goes away. We're hoping this was just a knee jerk reaction by a neighbor and it'll blow over. Any questions or suggestions, please don't hesitate to call us. Thanks, o John and Denise Vidervol 725-148th Lane NW Andover, MN 55304 #763-862-8754 o Hello Neighbors: o Our names are John and Denise Vidervol and we have 3 sons. We live on the north side of Prairie Knoll Park. We moved our family here a little over 2 years ago. Our desire to move here was for many reasons, but one in particular was the piece of good fortune to live next to a park. We feel that we are so lucky to have a park next to us and with all things...come good and bad. The positive so out weighs the negative. Yes, we have to put up with lack of parking issues, increased traffic, unsupervised teenagers, noise, lights etc. But what we have is a wonderful place to bring our kids and grandkids! We have all enjoyed sliding, skating, picnicking, the playground, the fields, sporting events and the walking paths. In regards to the "No Parking Petition", we absolutely disagree with it on so many levels. To begin, we don't feel we should inconvenience or punish parents of any child-based organization. These parents are being active in their kids' lives and we should be working with them and the city; not having a "defending our fortress" mentality. We do not own the park or any part of the easement along the road. o As a suggestion, maybe those who are bothered by parking in front of their homes could put out signs themselves. Why make an ordinance and affect those who aren't bothered or actually need parking in front of their homes. We were told that we could call the city prior to a gathering and tell them not to ticket our friends and family if we had no parking signs on the street. Despite the inconvenience in having to do that... what message are we sending to our children and others who drive by? "You can't park here... but we can." Also, there are times we can't call, such as last minute decisions to gather or weekend gatherings. We're not concerned about the safety of our children when cars are parked in the street, we just tell them not to go in the road. We're deeply concerned about forcing people to park on Prairie Road, a 50 mph road. And then, forcing them to walk to the fields where . there are no sidewalks or walking paths. If you haven't ever done it, it's scary, especially with children, elderly or disabled We do not have an extremely large driveway or a parking lot of our own. During parties we block off our driveway so children can run and play on it and not in the road. One of our parents is disabled. Where is he supposed to park? Most importantly, our family is blessed with many friends and family who frequently gather at our home. We have Christmas parties, Thanksgiving gatherings, Easter gatherings, Halloween parties, birthday parties, and "just because it's a beautiful night" parties. We can't have parking restrictions on our street. o The above opinions are the views from "the other side". Please consider both sides before signing the <'No Parking Petition". Please take into account how valuable these parks are to our community and the organizations that benefit from them and how these organizations significantly benefit our city. Also, we ask you to please consider how signing this petition will greatly and negatively affect our family and possibly yours. Best Wishes, John and Denise Vidervol (763) 862-8754 . J Page 54 _______ ___ _ ______________ .r- ---l-. 765 725 14861 No 0 '""" 14815 co '<T '""" 0 C'\l f'-- 329 '\4-755 0 '1,1\1 as 650 580 0 LO co ("') '<T co 710 0 0::: UJ ~ 14590 0::: 840 <( 0::: 0.. LO f'-- 541 '<T P- 715 0 I 14545 '<T I LO '<T ~ o ("') '<T LO C'\l '<T "___L._____________________________________________ o ("') co ,~ ~ ~ l - T 'W NORTH 1/2 TOWNSHIP: 32 SECTION: 25 RANGF: 24 ':1 >1 '1 o :,:._- :1 C) =~~ )~ I~ C)WolorFeollXM LEGEND __ Seo:<....u...... Map Date: Oct 17, 2005 o o o o o (fj) 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: FROM: Jim Dickinson, City Administrator ~ :::~:::~~ 6 Will Neumeister, Community Development Director tfI~ Todd Haas, Assistant Public Works Director ~ Update of Park Comprehensive Plan CC: SUBJECT: DATE: October 2, 2007 INTRODUCTION At the joint Park Commission/City Council meeting on September 20, 2007 there was some discussion that occurred related to a certain section of the Park Dedication Fee Study that will need to be further discussed and/or clarified with the Council. That section is shown below which was on page 3 of the park dedication study update. The planned park system (based upon the 2030 Comprehensive Plan), is about 72% developed at this time and has been paid for by existing development (through taxes, Community Development Block Grants, DNR and other grants and park dedication fees, donations, etc). As the City is currently about 73% developed, (9,928 households based upon our current estimate and an ultimate number of 13,941 projected 2030 build out households), existing development has already paidfor over 72% of the total planned system. Future development should be primarily responsible to pay for the remaining 28% to provide for their proportionate share of the total system costs. DISCUSSION To clarify this section of the plan, the current level of park improvements that already exists in the community balances with the current existing households. The proposed plan indicates as new development occurs, then the system improvements would be built out as the park dedication funding becomes available. In essence, to pay for these improvements the remaining 28% of households should be responsible to their proportionate share of the total system costs. If the Council is on board with this, the park dedication fee should be raised to $2,794 for 2008 to help start capturing funds that are necessary to build out the system. If the Council decides not to raise the current fee (which is $2,515), then it will be necessary to explore raising taxes or consider having a park referendum to see if the voters would be willing to pay for some of the improvements. o o o ACTION REOUESTED Council is asked to review and discuss this further. They are requested to determine whether changes should be made in the Park Comprehensive Plan related to how the planned system improvements are going to be paid for (by new development, or by raising taxes, or consider having a bond referendum). Respectfully submitted, ~/k-- Todd H~ h!#~~ Will Neumeister Cc: Park and Recreation Commission Members o o ev 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: ScheduleEDA meeting' DATE: October 2,2007 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the October 16, 2007 City Council meeting. DISCUSSION 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 chedule an EDA meeting at 6:00 pm before the October 16, 2007 City Council meeting. o c 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 arid Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: October 2, 2007 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on Public Improvement Projects 4. Meeting Reminders 5. Miscellaneous Activities Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Items for October 2,2007 City Council Meeting DATE: October 2,2007 The City Council is requested to receive the following supplemental information. Discussion Items Item #13. Hold Public Hearing/Adopt Assessment Roll/06-37/161st Avenue NW & Crane Street NW/Intersection Improvements (Supplemental) - Engineering 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 CC: Mayo' ""d Council Membern , \~ Jim Dickinson, City Administrator ~ David D. Berkowitz, Director of Public Works/City Engineer TO: FROM: SUBJECT: Hold Public Hearing/Adopt Assessment RoW06-37/161st Avenue NW & Crane Street NW /Intersection Improvements (Supplemental) - Engineering DATE: October 2, 2007 INTRODUCTION The City Council is requested to receive supplemental information for the above referenced project. Respectfully submitted, David D. Berkowitz ~Q. 0(0-- 3'1 October 1, 2007 TO: City of Andover FROM: Steve and Cheryl Olmscheid 1487 -16101 Avenue NW PIN 14-32-24-23-0004 SUBJECT: Deferred Assessments for Intersection Improvements for 161 01 Avenue NW & Crane Street NW We hereby acknowledge receipt of final assessment costs to our property pertaining to the street improvements and request the deferment as proposed. , 51f!~O (1 ;;tJ!1w?(' h e .(' CherylOlmscheid cI /0-/.. 07 It) -/-07