HomeMy WebLinkAboutCC March 18, 2008
0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Regular City Council Meeting - Tuesday, March 18, 2008
Call to Order-7:00 p.m.
Pledge of Allegiance
Special Presentation - QCTV
Resident Forum
Agenda Approval
1. Approval of Minutes (2/26/08 Workshop; 3/4/08 Regular Meeting)
Consent Items
2. Approve Payment of Claims - Finance
3. Order Project/07-40/Wayside Horns/Crosstown Boulevard NW - Engineering
4. Order Plans & Specs/07 -4 7/Railroad Quiet Zones/l 61 51 Avenue NW - Engineering
5. Approve Joint Powers Agreement with City of Coon Rapids/Water System futerconnects - Engineering
6. Approve Application for Exempt PermitlPulmonary Hypertension Association - Clerk
7. Approve Comprehensive Plan Amendment/MUSA Expansion/Metro Mosquito Control/1260 Bunker Lake
0 Boulevard NW - Planning
Discussion Items
8. Receive Anoka County Sheriff's Department Monthly Report - Sheriff
9. Public Hearing/Zoning Code Amendment/Daycare Centers as a Conditional Use or Permitted Use in the
fudustrial Zoning District - Planning
10. Public Hearing/2008 Natural and Scenic Area Grant Application - Planning
11. Consider Conditional Use Permit/On Sale Wine & Beer/Beef '0 'Brady's Family Sports Pub/15190
Bluebird Street NW - Planning
12. Consider On-Sale Wine & Beer License/Beef 'O'Brady's Family Sports Pub/15l90 Bluebird Street NW -
Clerk
13. Consider Conditional Use PermitlLinder's Flower Mart/22 1 8 Bunker Lake Boulevard NW - Planning
Staff Items
14. Consider Appointments/Coon Creek Watershed District Vacancies - Engineering
15. Schedule EDA Meeting - Administration
16. Schedule April Workshop - Administration
17. Administrator's Report - Administration
Mayor/Council Input
Closed Session:
a. Putnam Litigation
Adjournment
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Special Presentation - QCTV
DATE: March 18, 2008
Terry O'Connell from QCTV would like to address the council relative to QCTV's involvement
with the "web casting" of City Council meetings. Terry will provide a short demonstration of
how to access the meetings on the Internet and then answer any questions the Council staff may
have.
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0
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0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER.MN.US
TO: Mayor and City Council
CC:
FROM: Vicki V olk, City Clerk
SUBJECT: Approval of Minutes
DATE: March 18, 2008
INTRODUCTION
The following minutes were provided by TimeSaver for City Council approval:
February 26, 2008 Workshop (Jacobson absent)
0 March 4, 2008 Regular Meeting (Trude absent)
DISCUSSION
The minutes are attached for your review.
ACTION REOUIRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
!L/~. LI~
Vicki V olk
City Clerk
Attach: Minutes
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7 ANDOVER CITY COUNCIL WORKSHOP - FEBRUARY 26,2008
8 MINUTES
9
10
11 The Council Workshop of the Andover City Council was called to order by Mayor Mike Gamache,
12 February 26, 2008, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover,
13 Minnesota.
14
15 Councilmembers present: Mayor Mike Gamache, Mike Knight, Ken Orttel, Julie Trude
16 Councilmembers absent: Don Jacobson
17 Open Space Commissioners
18 present: Chairman Deric Deuschle, Gretchen Sabel, Jody Keppers,
19 Winslow Holasek, Bruce Perry and Kim Kovich
20 Also present: City Administrator Jim Dickinson
21 City Planner Courtney Bednarz
22 Director of Public Works/City Engineer Dave Berkowitz
O;~ Assistant City Engineer Jason Law
Building Official Don Olson
25 Assistant Building Official Herb Blommel
26 Mike Smith, landowner
27 Mark Smith, landowner
28
29 APPROVE AGENDA
30
31 The agenda was approved as presented. Motion carried unanimously.
32
33
34 JOINT OPEN SPACE COMMISSION MEETING 6:00 P.M. TO 7:00 P.M.
35
36 Mr. Bednarz provided Council with an overview of activities undertaken by the Open Space
37 Commission. He stated the big focus in the short term is working on the DNR grant application for
38 the March 31, 2008 deadline.
39
40 Councilmember Trude stated once they are to the point of negotiating with property owners, it would
41 be the appropriate time to see if the property owners would be willing to allow site visits. It would be
42 helpful if the Open Space Commission members could do some of those visits.
43
44 Councilmember Orttel noted with the studies that have been done there is good data available to
05 review the sites without going onto the property.
46
47 Mayor Gamache noted there is information available through aerials and maps.
48
0 Special Andover City Council Workshop Meeting
Minutes - February 26, 2008
Page 2
1 Mr. Bednarz provided an overview of properties included on the list of potential properties to be
2 purchased for open space preservation. He reported on the interest level of each of the property
3 owners that have been contacted, and the schedule for contacting the remaining property owners.
4
5 Commissioner Kovich pointed out that the DNR grant is a natural and scenic area grant. It appears
6 that the grant has been applied to properties with open water views. He has not seen any instances
7 where the grant was applied just for a parcel in the woods. Also, there will need to be public access
8 to the site. These grants are for parcels along corridors. He suggested identification of corridors in
9 the City, which had previously been a discussion and has been dropped for a while.
10
11 Mayor Gamache asked what is required to officially designate the City corridors.
12
13 Mr. Bednarz replied the mapping would work its way from the Open Space Commission to the
14 Council for approval.
15
16 Chairman Deuschle noted the Anoka Conservation District has identified some of the larger
17 corridors.
18
019 There was discussion regarding the properties identified for potential purchase for open space
20 preservation, including the possibility of purchasing conservation easements on the properties. It was
21 noted that it will likely be difficult to meet the March 31 st deadline for the DNR grant application.
22
23 Mayor Gamache pointed out that a conservation easement would seem to fit in with the long-range
24 goal of Mr. Windschitl.
25
26 Commissioner Kovich stated in regards to natural open space, the piece south of Leeman Lake is
27 probably the most diverse. It has great access and the highland is all oaks.
28
29 Chairman Deuschle pointed out that this property has the most visual access with the location on
30 Crosstown, and it provides a buffer for the lake. Some of the long-term plans include a road access
31 going through this area; if this could be incorporated in terms of the alignment the access required
32 with a grant could be provided. He noted a conservation easement on the property could provide the
33 landowner with a buffer from the road.
34
35 Councilmember Trude asked if this property could be considered a wildlife corridor.
36
37 Chairman Deuschle and Commissioner Kovich replied in the affirmative.
38
39 Commissioner Kovich left the meeting at 6:47 p.m.
o:~ Councilmember Trude expressed interest in preserving property along the creek, possibly through
42 first right of refusals or purchasing easements. She stated the Rice Creek Watershed District has done
43 a gorgeous project with the corridor that had been protected. She inquired about the property on the
44 north edge of Crooked Lake.
0 Special Andover City Council Workshop Meeting
Minutes - February 26, 2008
Page 3
1
2 Commissioner Keppers stated the consensus of the Commission is that this parcel would make a fair
3 amount of sense for the City to acquire. However, it is not open space type of land; it is more
4 something for the Park Commission to acquire.
5
6 Mayor Gamache suggested with the area off of Hanson Boulevard there could be consideration of
7 utilizing a similar process to what.was done with the Kelsey Round Lake property.
8
9 Consensus of the City Council was to direct staff to continue discussions with the property owners of
10 the three highest ranked properties on the list of potential properties to be purchased for open space
11 preservation, and to include an item on the Open Space Commission agenda to discuss corridors, in
12 addition to the grant application.
13
14 Mr. Bednarz indicated staff will provide an update at the next City Council meeting and will email
15 the Open Space Commissioners regarding the status of discussions with the landowners.
16
17 Commissioner Knight suggested including information in the City Newsletter that the Open Space
18 Commission is looking for parcels to purchase.
019 Chairman DeuscWe indicated the Commission has discussed including information in the Newsletter
20
21 acknowledging that the Commission is pursuing grants.
22
23 Mr. Bednarz stated the Commission has discussed allowing an open application from residents
24 interested in having their land considered for purchase for open space preservation.
25
26 Mayor Gamache noted there is an opportunity at the Home Improvement Show for the Open Space
27 Commission to provide maps and information. He thanked the Open Space Commission for their
28 work.
29
30
31 JOINT POWERS AGREEMENT DISCUSSION/ASSESSMENT SERVICES CONTRACT
32
33 Mr. Dickinson stated the City of Andover's current contract with Anoka County for assessment
34 services was last reviewed in December of200 1. At that time, a six -year contract was signed with the
35 City having the right to terminate the agreement by providing, at a minimum, two years written
36 notice by certified mail. The earliest the Council could terminate at this point would be for
37 assessment year 2011. When the assessment services contract was discussed with Council in
38 December, the request was to review some of the neighboring cities to see if Andover is receiving a
39 good value. AdministrationlFinance has reviewed the budgets of Coon Rapids, Fridley and Anoka.
040 These cities currently have in-house assessing services. Staff has determined that even with the
'fl significant cost per parcel increase, the Anoka County Assessor is still a cost effective solution. Mr.
42 Dickinson recommended that the City of Andover continue using the Anoka County Assessor as the
43 City Assessor and approve the proposed Joint Powers Agreement (JP A) between the City of Andover
44 and the County of Anoka for Assessment of Property.
0 Special Andover City Council Workshop Meeting
Minutes - February 26, 2008
Page 4
1
2 Mr. Mike Sutherland, Anoka County Assessor, provided Council with an overview of the process
3 used to determine the JP A rate structure. Since he has been Assessor for Anoka County the contract
4 allows the County to modifY the rate if necessary in order to keep the costs in line. There has been
5 enough growth in parcels that he did not feel it was necessary to go higher on the rate. He does not
6 know if this will be true for the next five years, but he will do his best to keep the nwnber as close to
7 what is included in this agreement as he can. He pointed out that the agreement includes a separate
8 charge for mobile home assessment service, but it has been determined that this will not be billed out
9 to the jurisdictions. He distributed a breakdown of costs versus the billed estimate based on parcel
10 counts. He noted that cities like Andover and Blaine do not cost the County as much as what is being
11 billed out, while a city like Lexington is actually costing the County $10,000 more than they are
12 being billed based on the parcel count. However, all of the jurisdictions serviced by the County are
13 required to be billed the same.
14
15 Councilmember Orttel questioned why, according to the breakdown of costs, it appears that Andover
16 is paying for the difference in Burns assessment charges compared to actual costs. He pointed out
17 that Burns shows costs of $48,000, and is only being billed at $25,000. Mr. Sutherland explained
18 parcels in Andover are more concentrated; the assessment charges are based on the individual parcel
019 count of each jurisdiction.
20
21 Councilmember Trude stated with changing fuel costs and parcel differentiation it is much harder to
22 value the homes that are remote and do not turn over often.
23
24 Mr. Dickinson explained the County tries to use one size fits all billing. Andover may subsidize a
25 rural area. However, when looking at taxability, Burns Township, Lexington, and more rural areas
26 pay taxes at the same level as a home in the City of Andover, and do not use the jail and prosecution
27 services that Andover does.
28
29 Mr. Sutherland stated there has been more than one time when he has needed to bring in temporary
30 help for the cities of Andover, Blaine and Ramsey. These are services the County does not bill the
31 jurisdictions for. The nwnbers reflected in the assessment service charge are direct costs in doing the
32 appraisal; there are no indirect costs included.
33
34 Mr. Dickinson reviewed the assessment services budgets of the cities of Anoka and Coon Rapids,
35 which provide their own in-house assessment services. He reviewed the assessment services budget
36 of the city of East Bethel, which contracts with a private assessment service. He indicated if there
37 seems to be consensus from the Council, the JP A with the County will be included on the Consent
38 Agenda of the next City Council meeting.
39
040 Councilmember Trude commented on how the public might feel when receiving their statements in
41 about two weeks. Every community has concerns about property values, vacant homes, mortgages,
42 and properties not selling. There are also concerns about group homes.
43
44 Councilmember Orttel questioned how increases will be justified with the housing values dropping.
0 Special Andover City Council Workshop Meeting
Minutes - February 26, 2008
Page 5
1 Mr. Sutherland replied townhomes and condos are suffering the most. Single-family homes are a
2 mixed bag; it appears that overall in the County it is flat. There are arguments being made at the
3 Department of Revenue on how things like foreclosures will be handled. The challenge is to explain
4 to people that while they have a right to be worried about their values, the assessment values are
5 taken from a set of data in a specific point of time. As far as the solidity of market values, he
6 compares real estate closings against the County's assessment values regularly; they are running at
7 approximately 90% but still trailing at upper ends. As the values get under $200,000 that value is
8 closer.
9
10 Councilmember Trude suggested there should be consideration of the expense involved with
11 appraising more rural and unusual parcels when preparing assessment contracts in the future.
12
13 Mr. Sutherland explained with this contract he went back to 2002 and looked at total revenue in
14 comparison to the total budget, which was at 56%. He then determined what needed to be done to
15 bring it back to that level. He asked if Council would prefer in the future that the contract be adjusted
16 prior to the end of the contract.
17
18 Councilmember Trude stated she would prefer the increases to be spread out, rather than jumps like
019 there are with this contract. She commended the appraisal staff that services the City of Andover and
20 the consistency they have provided.
21
22 Mr. Dickinson indicated from here on out the contract rates will be very predictable.
23
24 Consensus of the City Council was to direct staff to include the Joint Powers Agreement between the
25 City of Andover and the County of Anoka for Assessment of Property on the agenda of the next City
26 Council meeting for consideration.
27
28
29 REVIEW OF SEWER SYSTEM AND STAGING PLAN
30
31 Mr. Dickinson stated during the review of the Comprehensive Plan Update at the City Council
32 meeting of February 6, 2008 there was discussion about having further review of the sewer staging
33 plan at the next Council workshop. The staff report includes a history of how they have arrived at the
34 current system that is in place today. It should be noted if a major change is recommended to the
35 sewer staging plan that is currently in place it will affect transportation counts, etc. that are included
36 in the Comprehensive Plan Update.
37
38 Mr. Berkowitz discussed the history involved in the conclusions made regarding the sewer plan in
39 2004 and the study completed by TKDA. He stated since that time, and as part of the Comprehensive
o:~ Plan Update, staffhas completed an analysis of the entire City in moving forward with the sewer
plan. It should be noted that each alternative provides sufficient capacity.
42
0 Special Andover City Council Workshop Meeting
Minutes - February 26, 2008
Page 6
1 Mr. Berkowitz provided an overview and cost estimates on the following sewer and sewer stating
2 plan options:
3 . Option 1: Yellow Pine Lift Station Alternative (Current proposed system)
4 . Option 2: Prairie Road Alternative
5 . Option 3: Modified Prairie Road Alternative with Yellow Pine Lift Station
6
7 Staff answered questions from the Council on the above sewer staging plan alternatives. There was
8 discussion of the following in relation to the sewer staging plan:
9 . All scenarios assume the building of the sewer system is done under the road
10 . The proposed sewer staging plan for the 2008 Comprehensive Plan Update pushes dates
11 previously set at 2015 to 2020 to a 2020 to 2025 timeframe.
12 . Properties in the City currently ready for development; approximately 500 lots with access to
13 sewer and water currently.
14 . Possibility of moving up the Smith and Day parcels in the current proposed sewer staging
15 plan versus the possibility of a comprehensive plan amendment request for development of
16 the Smith and Day parcels sooner than the 2020 to 2025 timeframe.
17 . Capacity
18 . Soil analysis
019 . Changes to the current sewer staging plan will effect the transportation numbers and
20 population estimates included in the Comprehensive Plan Update
21
22 Mr. Winslow Holasek addressed the Council and stated his concerns regarding the current sewer
23 staging plan. He recited statements made by the City Attorney at the February 6, 2008 City Council
24 meeting in relation to obligations of the City to provide service within the timeframe included in the
25 Comprehensive Plan. He stressed that the Comprehensive Plan is in place to plan these things in an
26 orderly fashion. He stated his opposition to the Yellow Pine Lift Station alternative and stated his
27 position that this option does not provide options.
28
29 Mr. Mike Smith and Mr. Mark Smith addressed the Council and expressed their position in support
30 of including the Smith parcel in the 2015 to 2020 timeframe. They pointed out that a comprehensive
31 plan amendment to move the timeframe up from the 2020 to 2025 timeframe would require a 4/5
32 vote of the Council.
33
34 Councilmember Trude noted that a comprehensive plan amendment would involve the full public
35 input process, which would allow comments from the neighborhood.
36
37 Mr. Bednarz explained the Smith parcel was staged in the 2020 to 2025 timeframe because it is
38 located at the end of the line.
39
o:~ Mayor Gamache stated he is not guaranteeing support, but is in favor of a discussion at a City
Council meeting of moving the Smith parcels back to the 2015 to 2020 timeframe.
42
43 Consensus of the City Council was to direct staff to schedule an agenda item for Council
44 consideration of the sewer staging of the Smith and Day parcels in the Comprehensive Plan Update.
0 Special Andover City Council Workshop Meeting
Minutes - February 26, 2008
Page 7
1
2 Mr. Berkowitz stated a review report was received from the County requesting a train station located
3 on Bunker Lake Boulevard. Staff would like to make that change in the transportation section of the
4 Comprehensive Plan.
5
6 The meeting was recessed at 9:24 p.m. and reconvened at 9:35 p.m.
7
8
9 SINGLE FAMILY RESIDENTIAL RENTAL LICENSING
10
11 Mr. Dickinson stated the last time Council discussed the topic of single family residential licensing
12 was in February of 2007. A lot has happened in the community since that time, and there have been
13 significant impacts by foreclosures and the slowed housing market. It has been requested that this
14 topic be discussed in workshop. Staffhas conducted an analysis of what other cities do with single
15 family rentals. What becomes the larger issue in deciding whether or not to proceed with single
16 family residential rental licensing is how to locate all the rentals and maintain a valid list of where
17 they are located. To develop the list the cities engaged in this process have taken steps such as: 1)
18 Public information campaigns; 2) Logging word-of-mouth complaints from residents; 3) Cross-
019 checking public records on ownership and determining where utility bills are being sent, if not to the
20 subject property. Mr. Dickinson stated stafffeels if single family residential rental licensing were to
21 be taken on, there would be the need to dedicate staff to the efforts.
22
23 Councilmember Knight stated the number of single family homes being rented is increasing rapidly;
24 an enforcement official would be needed full time for single family residential rental licensing.
25
26 Councilmember Trude stated the costs could be covered by fees.
27
28 Councilmember Orttel asked if there have been complaints. .
29
30 Mayor Gamache indicated there has been a lot of pressure in the area south of Bunker Lake
31 Boulevard; the townhomes behind Target have had rental issues.
32
33 Mr. Blommel stated staff's efforts on rental properties are currently being focused in the area of 13 8th
34 and 140th Lane, as well as on Poppy Street and 134th, and in the Arrowhead area.
35
36 Mr. Dickinson indicated staff is also working with properties off of Bunker Lake Boulevard and
37 along 140th Lane close to the landfill where there are a lot of twin home units, as well as some
38 parcels out in the rural area. Staff does not get involved in the basic residential neighborhoods, which
39 is most of Andover, due to the current reading of the ordinance.
O~ Councilmember Orttel stated he would venture to say that people renting single family homes are not
42 doing it willingly; often they have a home they cannot sell.
43
44 Mayor Gamache questioned if this would give the City more leverage where they are having problem
0 Special Andover City Council Workshop Meeting
Minutes - February 26, 2008
Page 8
1 houses.
2
3 Councilmember Trude suggested this could force property owners to take care of homes that are in
4 disrepair.
5
6 Councilmember Ortte1 stated there should be an ordinance in place to enforce housing standards,
7 because owner occupied homes have the same problems. He pointed out that the last three meth
8 houses in the City were owner occupied, not rentals. He expressed concern in going after people that
9 are losing their houses, and the staff that would be required to keep up with efforts.
10
11 . Mr. Dickinson stated with the beginning of the program they would look at existing staff. They are
12 currently in a housing downturn; however, the building department is working on properties with
13 storm damage, as well as commercial projects. It is likely that there would be a need to look at
14 outside staffing and fees that are not cheap for this to take place.
15
16 Mayor Gamache noted the fees in Fridley do not appear to be too large, but the issue is whether it
17 will solve the problem.
18
019 Mr. Olson stated Mr. Blommel spends a lot of time dealing with rental properties. He explained the
20 housing maintenance code only deals with rental properties. With the current codes they are not able
21 to enforce anything with the rental of single family homes.
22
23 Mr. Blommel explained a house that is in disrepair is dealt with as a zoning issue.
24
25 Mr. Olson stated if a staff member sees a vehicle that is unlicensed or siding/windows in disrepair, a
26 note is given to staff to follow up on the property. Stafffollows up on any complaints.
27
28 Councilmember Trude expressed concern regarding party houses where problems have been
29 occurnng.
30
31 Councilmember Ortte1 stated the other communities doing this are all inner ring suburbs with the
32 exception of Anoka. Andover has people losing their homes, and they are trying to rent them out to
33 keep them. Any enforcement action for rental properties should also be followed with owner
34 occupied homes where most of the problems are.
35
36 Mr. Blommel stated when people renting out single family homes have a problem staffinforms them
37 that the rental of the homes are not regulated by the City and gives them a book of information from
38 the Attorney General's office. When he receives a call it is usually that they are not paying their rent
39 and the owner wants them out or the renter wants something fIxed.
040
41 Mr. Dickinson presented information regarding properties in the Bunker Lake Boulevard area that
42 have gone through foreclosure and have commonalities in the financing group. He indicated it may
43 be found at some point in time that the properties will be for sale by the financing group. Staff is
44 monitoring the situation. If the properties go up for sale the City may want to review the tax
0 Special Andover City Council Workshop Meeting
Minutes - February 26, 2008
Page 9
1 increment fInancing plan and consider purchasing the properties.
2
3 Mayor Gamache indicated he will forward to staff the email that he received expressing concerns
4 about single family home rental.
5
6
7 2007 - 2008 COUNCIL GOALS - PROGRESS REPORT
8
9 Mr. Dickinson stated Council has been provided with the 2007-2008 Council Goals Progress Report.
10 The listing is scored, ranging from' No action necessary' to 'Aggressively pursue, work on to assure
11 completion as soon as possible'. He requested Council to provide input if they would like any
12 changes made to the goals and scores as they have been presented.
13
14 Regarding the Council goal to evaluate the entire sound and visual system in council chambers and
15 request our city's allocation of funds from QCTV for equipment, Councilrnember Trude inquired
16 about the amount available for the City ~o draw from the QCTV fund. She stated a better viewing
17 system is needed in the council chambers.
18
019 Councilrnember Orttel stated the need for improvements to the acoustics.
20
21 Mr. Dickinson stated staff has requested that the focus be improved, which may help with the
22 viewing quality. Acoustical treatments in the roof may improve the acoustics, and could be done with
23 dollars reserved at QCTV. Some of the funds available to the City will be used for cooling and
24 humidifying needs in the control room.
25
26 He requested Council to submit any proposed changes to the goals to him so the appropriate action is
27 taken.
28
29
30 OTHER BUSINESS ITEMS
31
32 A. Joint Meetings
33
34 Mr. Dickinson stated the previously scheduled joint meeting with the member cities of the Lower
35 Rum River Watershed Management Organization (LRRWMO) for March 13th has been cancelled.
36 The Park Commission would like a joint meeting with the City Council, and has requested to fIll the
37 March 13th opening. The Commission would like to discuss current projects, including the skate
38 park.
39
O~ Consensus of the City Council was to direct staff to schedule a joint meeting with the Park
Commission during the fIrst hour of the next City Council workshop.
42
43 Mr. Dickinson stated the LRRWMO would like to reschedule the joint meeting to April 2nd, April 9th
44 or April 1 Oth at Greenhaven in Anoka. The topic will be included on the agenda of the first meeting
0 Special Andover City Council Workshop Meeting
Minutes - February 26, 2008
Page 10
1 in March for discussion by the Council.
2
3 B. Fun FestHelicopter Rides
4
5 Mr. Dickinson stated the Fun Fest Committee would like to have helicopter rides by Sunshine Park.
6 He requested input from Council as to whether there would be opposition to staff working with the
7 Committee to ensure that the rides do not affect the ball tournament. The process would involve an
8 administrative permit.
9
10 Councilmember Trude noted there would be a need for a good perimeter, as there are a lot of
11 children at Fun Fest.
12
13 Councilmember Orttel suggested consideration oflocating the helicopter rides in the field behind the
14 water treatment plant.
15
16 C. ConnexusSubstation
17
18 Mr. Dickinson stated Connexus is searching for a substation location to serve the rural reserve area.
019 Connexus has contacted staff regarding the Slyzuk property that is under option by the City.
20
21 Councilmember Trude expressed concern that a substation in this location would ruin the parkway
22 entrance to the City Hall complex.
23
24 Mr. Dickinson stated Connexus is willing to set the substation into the ground and do heavy
25 screening and buffering. The screening would be similar to a substation in Maple Grove. The
26 substation will be imposed onto the community center/city hall complex master plan, including the
27 roadway, and presented to Council for further discussion at a future workshop.
28
29 Motion by Trude, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting
30 adjourned at 10:29 p.m.
31
32 Respectfully submitted,
33
34 Carol Hamer, Recording Secretary
0
0 Regular Andover City Council Meeting
Minutes - March 4, 2008
Page 8
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 4,2008
TABLE OF CONTENTS
PLEDGE OF ALLEGIANCE ........................................................................................................1
RESIDENT FORUM .....................................................................................................................1
AGENDA APPROV AL.................................................................................................................3
APPROVAL OF MIN1JTES ..........................................................................................................3
CONSENT ITEMS ........................................................................................................................3
Item 2 Approval of Claims....................................................................................................3
Item 3 Award Bidl07-48/Tower #2/Painting & Rehabilitation (R016-08) ...........................3
Item 4 Award Bidl08-4/2008 Seal Coating (R017-08) .........................................................3
Item 5 Award Bidl08-3/2008 Crack Sealing (R018-08) .......................................................3
Item 6 Approve Plans & Specifications/Order Advertisement for Bids/2008 Overlays (08-
2A, Northglen Area & 08-2B, Grove Oak View Estates) (R019-08) ........................3
. DISCUSS COMPREHENSIVE PLAN UPDATE/SEWER STAGING .......................................4
SCHEDULE EDA MEETING.......................................................................................................6
0 ADMINISTRATOR REPORT ......................................................................................................6
MAYOR/COUNCIL INPUT ......................................................................................................... 7
Clocktower to Crosstown proposed road ................................................................................... 7
2008 Budget. ..... ..... .... ................. .............................................................. ................................. 7
Andover Community Center Home Show. ................................................................................ 7
ADJOURNMENT.......................................................................................................................... 7
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5
6 REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 4,2008
7 MINUTES
8
9
10 The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
11 Gamache, March 4,2008,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
12 Andover, Minnesota.
13
14 Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel
15 Councilmember absent: Julie Trude
16 Also present: City Attorney, Scott Baumgartner
17 Director of Public Works/City Engineer, Dave Berkowitz
18 City Administrator, Jim Dickinson
19 Community Development Director, Will Neumeister
20 Others
21
22
O;~ PLEDGE OF ALLEGIANCE
25
26 RESIDENT FORUM
27
28 Mr. Winslow Holasek -Requested a discussion ofItem 9 with the Council. Mayor Gamache agreed
29 to the discussion.
30
31 Mr. James Larson - Larson Plumbing, 3095 1 620d Lane NW, stated he was at the meeting to address
32 Hughs Industrial Park. He requested the Council's help with regard to the Little Red Wagon in Oak
33 Grove because they have recently been involved in their strip mall fire and need to find a place to
34 quickly move their business. He indicated he has a commercial location to put the business into,
35 however, City staff told him that it cannot go into the Hughs development area because it is not
36 commercially zoned. He would like to make sure his building is safe and would like to move them
37 in as soon as possible. He would like the Council's assistance in changing the code.
38
39 Councilmember Orttel wondered what the problem is with allowing this business to occupy the
40 space. Mr. Neumeister indicated they do not allow daycares in this district. It is only allowed in the
41 Shopping Center District and they would need to change the code to allow The Little Red Wagon
42 Daycare to go in there. They could rezone the property, but would need to go through a public
43 hearing at the Planning Commission and the City Council for approval. This is approximately a thirty
O~ to forty-five day process.
46 Mr. Larson asked for the Council's help in getting the code change expedited to help the Little Red
47 Wagon Daycare move into his building so they do not lose more families and their business.
48
0 Regular Andover City Council Meeting
Minutes - March 4, 2008
Page 2
1 Councilmember Knight asked if they could get the code change expedited or if they could give them
2 a Temporary Use Permit to move into the district. City Attorney Baumgartner stated he did not
3 know if there was a way to expedite the change and did not know how they could grant Mr. Larson's
4 request without going through the proper procedure and public hearing.
5
6 Councilmember Jacobson stated even if they allow this, he thought the County would have a lot of
7 regulations that would have to be met. He thought Mr. Larson would be looking at some major
8 restructuring with the building and it would probably take more than thirty days to complete. Mr.
9 Larson stated the structure is very similar to the building the Little Red Wagon Daycare was in and
10 he assumed there would not need to be any restructuring done inside. Councilmember Jacobson did
11 not think they could assume anything when it involves children.
12
13 Councilmember Orttel stated if they were to amend their Ordinance, they would just need to make
14 notification in the newspaper and that would allow them to include the use in that zone. He asked if
15 that would be quicker than the other two options. Mr. Neumeister thought they would have to
16 advertise it for the March 25th Planning Commission meeting and it would come to the City Council
17 at the first meeting in April. He thought whichever way they would do it would require about the
018 same amount of time. Councilmember Orttel thought it would be quicker to do an ordinance change
19 than to do anything else.
20
21 Mayor Gamache agreed and thought the owner of The Little Red Wagon would have a place before a
22 decision could be made. He thought the owners were trying to move quickly to get this done.
23
24 Mayor Gamache asked if Mr. Larson thought that The Little Red Wagon would stay there long. Mr.
25 Larson noted The Little Red Wagon has offered to purchase the building and he has a purchase
26 agreement on the building with them if this is approved.
27
28 Motion by Orttel, seconded by Knight to refer the question of uses allowed, specifically daycare, in
29 the Industrial Zone to the Planning Commission for a public hearing at the next meeting.
30
31 Councilmember Jacobson stated he hated to react very quickly to something brought up on the spur
32 of the moment if they do not know what the implications are. He understood the problem but since
33 they are suggesting a major change, this bothers him a little bit. He indicated he will be voting "no"
34 on this because they need a little more deliberation than the twelve minutes at this meeting.
35
36 Mayor Gamache indicated he did not have a problem with a daycare going into this location. He
37 stated they may have some discussion about any outdoor area and this is something the Planning
38 Commission can look at and discuss. He stated even if this was looked at and something came up at
039 the Planning Commission, staff could research it before it went to the Council again.
140
41 Motion carried 3 ayes, 1 nay (Jacobson).
42
43
0 Regular Andover City Council Meeting
Minutes - March 4, 2008
Page 3
1 AGENDA APPROVAL
2
3 There were no changes.
4
5 Motion by Knight, Seconded by Orttel, to approve the Agenda as amended above. Motion carried
6 unanimously.
7
8
9 APPROVAL OF MINUTES
10
11 February 19, 2008, Regular Meeting: Correct as amended.
12
13 Councilmember Orttel indicated Councilmember Trude requested a change to page 7, line 13 should
14 read: "Councilmember Trude thought they should delete monopole in the section listing "antenna or
15 monopole" because a monopole is one type of antenna". On page 7, line 22 the motion should read:
16 "Motion by Jacobson, seconded by Knight to approve the proposed Code Amendment with the
17 changes discussed".
018 Another change Councilmember Trude requested was on page 9, line 7 should read: "Motion by
19
20 Orttel, seconded by Trude to amend the city code to state: No glass beverage containers will be
21 allowed in any designated city park or park or recreation facility". Motion carried 4 ayes, 1 nay
22 (Jacobson) (Ord. 365). She also asked that the motion that starts on line lObe removed.
23
24 Motion by Jacobson, Seconded by Knight, approval of Minutes as indicated above. Motion carried
25 unanimously.
26
27
28 CONSENT ITEMS
29
30 Item 2 Approval of Claims
31 Item 3 Award Bid/07-48/Tower #2/Painting & Rehabilitation (RES. ROI6-08)
32 Item 4 Award Bid/08-4/2008 Seal Coating (RES. ROI7-08)
33 Item 5 Award Bid/08-3/2008 Crack Sealing (RES. ROI8-08)
34 Item 6 Approve Plans & Specifications/Order Advertisement for Bids/2008 Overlays
35 (08-2A, Northglen Area & 08-2B, Grove Oak: View Estates) (RES. ROI9-08)
36 Item 7 Approve Joint Powers Agreement/Anoka County Assessors Service Contract
37 Item 8 Approve Wayside Horn Agreement for Crosstown Blvd/BNSF/07-40
38
039 Councilmember Jacobson asked regarding the award for the tower painting, does this fall
40 underneath the prevailing wage that they discussed before. Mr. Berkowitz stated as they awarded
41 this, he did not believe the prevailing wage was included in this type of water improvement
42 project. He stated prevailing wage does not include a maintenance rehab project and this is a
43 rehab project.
0 Regular Andover City Council Meeting
Minutes - March 4, 2008
Page 4
1
2 Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried
3 unanimously.
4
5
6 DISCUSS COMPREHENSIVE PLAN UPDATE/SEWER STAGING
7
8 City Administrator Dickinson stated the issue of sewer staging was discussed in depth at the Council
9 workshop on February 26,2008. The Council directed the final discussion on the sewer staging
10 plans be brought to the next regular Council meeting for official action.
11
12 Mr. Dickinson reviewed the information with the Council.
13
14 Councilmember Jacobson asked if the only request was to change the time frame for the properties
15 being discussed to what they were before the Comprehensive Plan change. Mr. Dickinson indicated
16 that was correct along with another request to add another parcel from Mr. Holasek to the same time
17 frame.
018 Mayor Gamache stated because they talked about the lower piece being served by lines coming up,
19
20 could they go further north to serve the northern property. Mr. Berkowitz stated they did an analysis
21 to serve the Mike Smith and Bob Day properties and they do get to the point of minimal gravity at
22 that point. They did not do an analysis of the northern property at that time because there was not a
23 formal request.
24
25 Councilmember Knight stated there was a discussion at the workshop regarding the property to the
26 east of these properties being served by the lines coming up from Shadowbrook: Mr. Berkowitz
27 stated in the current sewer system the Meister property, located at the northwest quadrant of Prairie
28 Road and Andover, can be served through a lateral line coming across from the Shadowbrook line.
29 Once the area is developed, the Smith and Day property could then come back for a Comprehensive
30 Plan Amendment and possibly be served at that time. The way the system is set up now is that the
31 Smith and Day property will be served by another trunk line further to the north.
-32
33 Mayor Gamache read into the record a letter from Winslow and Corrine Holasek.
34
35 "At the public hearing held by the Andover Planning and Zoning Commission on January 22,2008,
36 both Mr. Day, Mr. Smith and ourselves submitted letters requesting the sewer staging for our
37 property in the 2008 comprehensive plan MUSA area west of Prairie Road be changed to the 2005-
38 2010 time frame. Because this was a public hearing. there was no requirement to submit our request
039 as a separate item as Mr. Dav and Mr. Smith did.
40
41 At this January 22, 2008 Planning and Zoning Commission meeting, the commissioners passed a
42 motion to recommend to the City Council to consider changing the shading of both parts of Prairie
43 Road to be similar in timeline of20 10-20 15 and to keep the method of service open. Thus the P & Z
0 Regular Andover City Council Meeting
Minutes - March 4, 2008
Page 5
1 Commission recommended the same timeline for our property as for Mr. Day's and Mr. Smith's
2 property. lbis makes sense because their property and our property adjoin one another.
3
4 Therefore, we respectfully request that if the City Council changes the Day and Smith properties to
5 the 2005-2010 or the 2010-1015 time frame, that they also change our property to the same time
6 frame. To not do this would be arbitrary and create a piece-meal development. As several City
7 Council members have said, the City needs to look at the "big picture" for development in this part
8 of eastern Andover to avoid piece meal development.
9
10 We ask that this letter of ours be read into and made part of the minutes for tonight's City Council
11 meeting. Thank you. Sincerely, Winslow & Corinne Holasek"
12
13 Mayor Gamache thought the dates were off in Mr. Holasek's letter and stated the Council was
14 looking at keeping the properties where they originally were in the original and last Comprehensive
15 Plans. Mr. Holasek agreed.
16
17 Mayor Gamache explained where the trunk line will be coming from in the new Comprehensive Plan
018 and the reason these parcels were moved back in the timeframe. He explained in the current
19 Comprehensive Plan the parcels will be changed back to 2015-2020 instead of moving them to 2020-
20 2025 or beyond.
21
22 Mr. Day indicated they want to keep their parcels in the timeframe of2015-2020.
23
24 Councilmember Orttel asked if they were certain that the pipe coming out of the Hickory Meadows
25 subdivision could not go north into Mr. Holasek's property. Mr. Berkowitz indicated it could go into
26 the property, but they are talking possibly about an additional lift station.
27
28 Councilmember Orttel asked if this was done, would there be money left to pay for the 151 st trunk
29 line. Mr. Berkowitz stated it would be treated as a lateral and would extend through the
30 development. The developer would have to pay for it as it is extended and the lift station would also
31 be lateral.
32
33 The Council discussed how the sewer could be brought to the Holasek property because it had not
34 yet been analyzed.
35
36 Councilmember Jacobson asked by not changing the date, do they still have all of their options open.
37 Mr. Berkowitz stated the only thing that it does is that the map colors will be different.
38
039 Mayor Gamache stated the reason he supported keeping these parcels in the 2015-2020 timeframe
40 was for residents looking at the Comprehensive Plan. They are talking about this enough that even if
41 they were pushed to the 2020-2025, there is a good opportunity for the owners to come and ask for a
42 Comprehensive Plan Amendment around 2015 in order to develop.
43
.
0 Regular Andover City Council Meeting
Minutes - March 4, 2008
Page 6
1 Motion by Jacobson, Seconded by Knight, to keep the Day, Smith and Holasek properties
2 immediately north of the Smith property under discussion and to be included within the 2015-2020
3 Sewer Staging Plan as they currently are designated under the current plan.
4
5 Mr. Winslow Holasek asked for a clarification. He keeps hearing that they need to make a formal
6 request on the sewer staging for the Comprehensive Plan and he was not aware that there was any
7 such requirement. He wondered if there was a formal request needed. Councihnember Orttel stated
8 there is not a formal requirement but after the Comprehensive Plan is submitted, there needs to be a
9 formal request made to have the Comprehensive Plan amended.
10
11 Mr. Berkowitz stated there was a lot of confusion at the public hearing as well as a lot of discussion
12 in regard to a trunk line on Prairie Road. When they looked at the information they analyzed a trunk
13 line up Prairie Road and never looked at a lateral.
14
15 Mr. Holasek stated he would like to see the distance the sewer would have to travel from the Day or
16 Smith property. He believed if they really looked at this it could be better served without any lift
17 stations directly from the south to serve the Meister property and all the property west of Prairie
018 Road.
19
20 Motion carried unanimously.
21
22
23 SCHEDULE EDA MEETING
24
25 Motion by Jacobson, Seconded by Knight, to schedule an EDA meeting at 6:00 p.m. before the
26 March 18, 2008 City Council meeting. Motion carried unanimously.
27
28
29 ADMINISTRATOR REPORT
30
31 City Administrator Dickinson updated the Council on the administration and City department
32 activities, meeting reminders, legislative topics, Open Space Referendum activities and
33 miscellaneous activities in the City.
34
35 Mayor Gamache indicated the March 13, 2008 Lower Rum River Joint Meeting has been
36 cancelled due to conflicts.
37
38 Motion by Orttel, Seconded by Knight, to schedule a joint meeting with the Lower Rum River
39 Water Management Organization on April 1 0, 2008 at 7:00 p.m. at Greenhaven. Motion carried
~~ unanimously.
42 City Engineer Berkowitz updated the Council on road improvements projects in the City.
43
0 Regular Andover City Council Meeting
Minutes - March 4, 2008
Page 7
1 Community Development Director Neumeister updated the Council on development activity in
2 the City.
3
4
5 MAYOR/COUNCIL INPUT
6
7 (Clocktower to Crosstown proposed road) - Councilmember Jacobson stated there was
8 discussion at staff level about a new street going out to Crosstown from the Clocktower
9 Development. He stated that street was looked at when Clocktower originally went in and he
10 wondered if there was some reason they are now considering putting that road in because it is
11 quite expensive to do that. Mr. Dickinson stated the property owner has changed and they are
12 looking at opening it up a little bit. They are going through the review process at this time.
13
14 Councilmember Jacobson stated the reason he brought this up was that Mr. Holasek had a parcel
15 across the street zoned business. Ifhe was going to have any entrances onto there, they should
16 probably match up. He wondered if this was being discussed at the same time. Mr. Berkowitz
17 stated that has been included in their traffic study. There are concerns about that intersection.
018 One other item and the reason this was brought forward to staff was that the road has changed
19 jurisdiction. He stated they are looking at the entire picture.
20
21 (2008 Budget) - Mayor Gamache stated as they look at the budgeting cycle he knew they were
22 looking at limited growth, but with the passing of the transportation bill the City should be
23 getting more gas tax money. He suggested they look to see if they will be getting more income
24 from that because last year they had to look for more income for their roads.
25
26 (Andover Community Center Home Show) - Mayor Gamache stated the home show at the
27 Andover Community Center is March 29, 2008 and he invited people to come.
28
29 Motion by Orttel, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting
30 adjourned at 8:30 p.m.
31
32 Respectfully submitted,
33
34 Susan Osbeck, Recording Secretary
0
@
0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayo<m>dCom,iIm=b= ~~
CC: T= Drokimon, C"" Admini<1noto.- / '_00 """"'" . '--
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Payment of Claims
DATE: March 18, 2008
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $207,135.81 on disbursement edit lists #1 - 3 from 03/05/08 to 03/12/08 have been issued and
released.
0 Claims totaling $140,901.22 on disbursement edit list #4 dated 03/18/08 will be issued and released upon
approval.
BUDGET IMPACT
The edit lists consist of routine payments with expenses being charged to various department budgets and
projects.
ACTION REOUIRED
The Andover City Council is requested to approve total claims in the amount of $348,037.03. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
.,j'tJ~
Lee Brezinka
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0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrat r
FROM: David D. Berkowitz, Director of Public Works/City Engineer
SUBJECT: Order ProjectJ07-40/Wayside Horns/Crosstown Boulevard NW - Engineering
DATE: March 18, 2008
INTRODUCTION
The City Council is requested to order the project for City Project 07-40, Wayside Horns at
Crosstown Boulevard NW.
0 DISCUSSION
The Wayside Horn project has been identified in the City's 2008-2012 Capital Improvement Plan
for construction in 2008. Once the project is ordered staff will work with Railroad Controls to
install the horns. BNSF is currently working on the interconnects at Crosstown Boulevard so
that as soon as the horns are installed and after the 21 day notice has expired the horns can be
activated.
BUDGET IMPACT
The Wayside Horn project is estimated at $170,000 and shall be funded by the Road & Bridge
Fund.
ACTION REOUIRED
The City Council is requested to approve the resolution ordering the project for City Project 07-
40, Wayside Horns at Crosstown Boulevard NW.
Respectfully submitted,
Q;.aD~
David D. Berkowitz
/
Attachments: Resolution
0 cc: Lynn Leibfried, BNSF
0
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ORDERING THE PROJECT FOR THE IMPROVEMENT OF
PROJECT NO. 07-40 FOR WAYSIDE HORNS AT CROSSTOWN BOULEVARD NW.
WHEREAS, the City Council is cognizant of the need for the wayside horns; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the project
for the improvement of Wayside Horns, Project 07-40; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the City
Engineer to move forward with such improvements.
0 MOTION seconded by Councilmember and adopted by the
City Council at a reaular meeting this 18th day of March , 2008 , with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
A TIEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
0
(9)
0
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 of Public
SUBJECT: Order Plans & Specs/07-47/Railroad Quiet Zones/161st Avenue NW-
Engineering
DATE: March 18, 2008
INTRODUCTION
The City Council is requested to order plans and specifications for City Project 07-47, Railroad
Quiet Zones at 1618t Avenue NW.
0 DISCUSSION
The Railroad Quiet Zone project has been identified in the City's 2008-2012 Capital
hnprovement Plan for construction in 2008. The project will be constructed similar to the
Railroad Quiet Zone at Bunker Lake Boulevard NW. The project will begin in early June.
BUDGET IMP ACT
The Railroad Quiet Zone project cost is estimated at $160,000 and shall be funded by utilizing
previously allocated State Aid dollars.
ACTION REQUIRED
The City Council is requested to approve the resolution ordering the preparation of plans and
specifications for Project 07-47, Railroad Quiet Zones at 1618t Avenue NW.
Respectfully submitted,
~1
David D. Berkowitz
Attachments: Resolution./
0 cc: Lynn Leibfried, BNSF
0
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 07-47 FOR RAILROAD QUIET
ZONES AT 161sT AVENUE NW.
WHEREAS, the City Council is cognizant of the need for the railroad quiet
zones; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and
specifications for the improvement of Railroad Quiet Zones, Project 07-47; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the City
0 Enoineer to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember and adopted by the
City Council at a reoular meeting this 18th day of March , 2008 , 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
0
G)
0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, Director of Public Works/City Engineer
SUBJECT: Approve Joint Powers Agreement with City of Coon Rapids/W ater System
Interconnects - Engineering
DATE: March 18, 2008
INTRODUCTION
The City Council is requested to approve the Joint Powers Agreement (JP A) with the City of
Coon Rapids for water system interconnects.
0 DISCUSSION
As a requirement of the City's Water Emergency and Conservation Plan, the Department of
Natural Resources requires the City of Andover and the City of Coon Rapids to enter into a JP A
regarding the water system interconnects between the cities. There are currently 7 water
interconnects between Andover and Coon Rapids. The locations are stated on the agreement.
The JP A identifies a process to follow in emergency situations that may arise. Attached for your
review is the JP A.
ACTION REOUIRED
The City Council is requested to approve the Joint Powers Agreement (JP A) with the City of
Coon Rapids for water system interconnects.
Respectfully submitted,
CJ~<J~
David D. Berk~witz
./
Attachments: Joint Powers Agreement
0
0
A JOINT POWERS AGREEMENT BY AND BETWEEN THE CITIES OF ANDOVER AND
COON RAPIDS FOR THE MUNICIPAL WATER SYSTEM INTERCONNECTS FOR
PUBLIC WATER UTILITY WITHIN THE CITY OF ANDOVER AND COON RAPIDS
This agreement made and entered this day of , 2008, by and
between the City of Andover, a municipal corporation hereinafter to be referred to as "Andover",
and the City of Coon Rapids, a municipal corporation, hereinafter referred to as "Coon Rapids".
WITNESSETH:
WHEREAS, Andover and Coon Rapids share a common border and wish to share City
water utility service in times of an emergency to enhance the public safety and health of both
communities, and
WHEREAS, water main connections between the two cities' water systems exist along
133rd Avenue NW at Narcissus Street NW, Crooked Lake Boulevard NW, between Crosstown
Boulevard NW and Crooked Lake Boulevard NW, between lbrush Street NW and Swallow
Street NW, between Nightingale Street NW and Partridge Street NW, at Jay Street NW and at
Hummingbird Street NW, and
0 WHEREAS, the connections are made with gate valves that are properly marked and
should remain closed unless otherwise agreed by both cities in times of an emergency, and
WHEREAS, the gate valves were installed and are owned and maintained by Andover
and Coon Rapids.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. That the existing water main service interconnections shall be permitted for the
above listed locations.
2. That the City water main interconnections are available for sharing City water
when an emergency situation arises in either City and that the proper City
officials shall communicate prior to the interconnection systems being
activated.
3. That in the event of an emergency where prior communication is not possible
or would otherwise cause a delay and jeopardize one of the Cities' ability to
respond to the emergency, the interconnection system may be activated
without prior communication, but communication will thereafter be made
immediately after the emergency has been resolved.
0 4. That water provided to a City pursuant to a request to activate the gate valve
shall be considered that City's own water for legal liability purposes and the
City declaring the emergency shall hold harmless, indemnify and defend the
providing City for any cause of action, claims or damages related to the
provision of water pursuant to this agreement.
0 5. That in the event a City requests activation of the gate valve due to an
emergency, the City Officials involved will implement a system to measure
the amount of water consumed by the requesting City and the requesting City
will be billed for the water consumed at the providing City's standard price per
gallon.
IN WITNESS WHEREOF, the parties hereto have executed this agreement by their duly
authorized officers and have caused their respective seals to be hereto affixed.
CITY OF ANDOVER CITY OF COON RAPIDS
By: By:
Mike Gamache, Mayor Tim Howe, Mayor
By: By:
Jim Dickinson, City Administrator Matt Fulton, City Manager
0
0
0
A JOINT POWERS AGREEMENT BY AND BETWEEN THE CITIES OF ANDOVER AND
COON RAPIDS FOR THE MUNICIPAL WATER SYSTEM INTERCONNECTS FOR
PUBLIC WATER UTILITY WITHIN THE CITY OF ANDOVER AND COON RAPIDS
This agreement made and entered this day of , 2008, by and
between the City of Andover, a municipal corporation hereinafter to be referred to as "Andover",
and the City of Coon Rapids, a municipal corporation, hereinafter referred to as "Coon Rapids".
WIlNESSETH:
WHEREAS, Andover and Coon Rapids share a common border and wish to share City
water utility service in times of an emergency to enhance the public safety and health of both
communities, and
WHEREAS, water main connections between the two cities' water systems exist along
133rd Avenue NW at Narcissus Street NW, Crooked Lake Boulevard NW, between Crosstown
Boulevard NW and Crooked Lake Boulevard NW, between Thrush Street NW and Swallow
Street NW, between Nightingale Street NW and Partridge Street NW, at Jay Street NW and at
HUII1Illingbird Street NW, and
WHEREAS, the connections are made with gate valves that are properly marked and 0
should remain closed unless otherwise agreed by both cities in times of an emergency, and
WHEREAS, the gate valves were installed and are owned and maintained by Andover
and Coon Rapids.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. That the existing water main service interconnections shall be permitted for the
above listed locations.
2. That the City water main interconnections are available for sharing City water
when an emergency situation arises in either City and that the proper City
officials shall communicate prior to the interconnection systems being
activated.
3. That in the event of an emergency where prior communication is not possible
or would otherwise cause a delay and jeopardize one of the Cities' ability to
respond to the emergency, the interconnection system may be activated
without prior communication, but communication will thereafter be made
immediately after the emergency has been resolved.
4. That water provided to a City pursuant to a request to activate the gate valve 0
shall be considered that City's own water for legal liability purposes and the
City declaring the emergency shall hold harmless, indemnify and defend the
providing City for any cause of action, claims or damages related to the
provision of water pursuant to this agreement.
G)
0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER.MN.US
TO: Mayor and City Council
CC:
FROM: Vicki V olk, City Clerk
SUBJECT: Approve Application for Exempt Permit/Pulmonary Hypertension Assoc.
DATE: March 18, 2008
INTRODUCTION
The Pulmonary Hypertension Association, headquartered in Silver Springs, MD, has
applied for a permit to conduct a raffle during their event on August 16, 2008 at the
Bunker Hills Regional Park Activities Center, 550 Bunker Lake Boulevard NW.
0 DISCUSSION
Council can 1) approve the application with no waiting period; 2) approve the application
with a 30-day waiting period; or 3) deny the application.
ACTION REOUIRED
Council is requested to approve the application with no waiting period.
Respectfully submitted,
UJ' U,/b
Vicki V olk
City Clerk
Attach: Application
IRS Document showing 501 (c)(3) Status
0
Minnesota Lawful Gambling Page 1 of2 6107
LG220 Application for Exempt P rmit For Board Use Only
0 An exempt permit may be issued to a nonprofit organization that: Fee is $50 for Check#
. conducts lawful gambling on five or fewer days, and
. awards less than $50,000 in prizes during a calendar year. each event $
ORGANIZATION INFORMATION
Previous gambling permit number
County
* Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
_ NonprofitArticles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Building, Sl Paul, MN 55155 Phone: 651-296-2803
ilnternal Revenue Service -IRS income tax exemption [501(c)] letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, send your federal 10 number and
the date your organization initially applied for tax exempt status to:
IRS, P.O. Box 2508, Room 4010, Cincinnati, OH 45201
0 ...:.-Internal Revenue Service - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
a. IRS letter showing your parent organization is a registered nonprofit 501(c) organization with a group ruling
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
_Internal Revenue Service - proof previousty submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the Intemal Revenue Service, no attachment is required.
GAMBLING PREMISES INFORMATION
Check the box or boxes that indicate the type of gambling activity your organization will conduct:
o 'Bingo ~ Raffles 0 'Paddlewheels o 'Pull-Tabs o *Tipboards
* Gambling equipment for pull-tabs, tipboards, paddlewheels, and bingo (bingo paper,
hard cards, and bingo number selection device) must be obtained from a distributor
licensed by the Gambling Control Board. To find a rlcel1Sed distributor, go to
www.gcb.state.mn.us and dick on Ust of Ucensed Disbibutors, or call 651-639-4076.
0
Page 2 of2
LG220 Application for Ex mpt P rmit 6107
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT
0 If the gambling premises is within city limits, If the gambling premises is located in a township. both
the city must sign this application. the county and township must sign this application.
Check (..J) the action that the city is taking on Check (..J) the action that the county is taking on
this application. this application.
_The application is acknowledged with no waiting period. _The application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a pennit after 30
period. and allows the Board to issue a pennit after 30 days.
days (60 days for a 1st class city). _The application is denied.
_The application is denied.
Print city name ~(\d()\ )f,R. Print county name
On behalf of the county, I acknowledge this application.
On behalf of the city, I acknowledge this application. Signature of county personnel receiving application
Signature of city personnel receiving application
Title Date I I
Title Date--1--1_ TOWNSHIP: On behalfofthe township, I acknowledge that the
organization is applying for exempted gambling activitywithin the
township limits. [A township has no statutory authority to approve
or deny an application [Minnesota Statute 349.213, sub<!. 2)]
Print township name
Signature of township official acknowledging application
Title Date I I
0 CHIEF EXECUTIVE OFFICER'S SIGNATURE
The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that
the financial report will be completed and retumed to the Board within 30 days of the date of our gambling activity.
()\\-D"r\e eiJe~~f' i>-3;zb.t-y{,:.\J5 '^
Chiefexecutiveofficer'ssignature 'LMAJ.A \ A. ~ n1\ I . 0'.1 Date C>~ I 04 I J1,ro
Complete an application for each gambing activfty:' Financial report and recordkeeping
. one day of gambling activity required
. two or more consecutive days of gambling activity A financial report fonn and instructions will be
. each day a raffle drawing is held sent with your penni!. Within 30 days of the
Send application with: activity date, complete and return the financial
. a copy of your proof of nonprofit status, and report fonn to the Gambling Control Board.
. $50 application fee for each event. Questions?
Make check payable to "Slate of Minnesota." Call the Ucensing Section of the Gambling
To: Gambling Control Board Control Board at 651-639-4076.
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Dala privacy. This form wiD be made available the Boan:I will be able \0 process yolI' BoaJd slaIf whose WOJk requires aa:ess \0
iI aItemative filrmat O.e. large prinl, Braie) upon application. Y(U name and and yolI' the inbmalion; Minnesola's Oepattmert of
request The inbmalion requested on this <Hg8lization's name and addR!ss will be pubic NlIic Safety; AIIomey General; Commissioo oElIS
form (and any aUachmenIs) will be used by the inbmalion when reoeMld by tie Board. /lI; of Admi1islralion, FII18f1Ce, and Revenue;
Gambli'lg ConlroI Boan:I (BoaRl) to deIem1iIe the olher i oo.....atioo you provicIe wi be priva1e LegislaliveAulilor, naIionaI and inIemaIionaI
yolI' quai1icalions \0 be involved i11awfu1 data mlIthe BoaJd issues yolI' peIIOC \MIen gambling regUatory agencies; anyone pursuant
g~ activities iI Mi1nesola. You haw tie tie BoaJd issues yorr pemi!. aI of !he \0 aut llIIIer; olher individuals and agencies
I1lht \0 refuse \0 supply tie information inbmalion prowided \0 the BoaJd wiI beaJme that are specilicaIy auIhcrized by sIaIe or
requested; however, if you refuse \0 supply pIbIic. If the Boan:I does not issue a pemiI. aI fedetallaw to haw access \0 the inbmalion;
this information, the Boan:I may not be able \0 inronllatioo prowided remai1s privaIe, wiIh !he individuals and agencies for wtich law or legal
delennine yr>>: quaIiIicalions and. as a exceplion ofyoll' name and yolI' ..Y"'.....,'s order alAhorizes a new use or sharing of
ronsequence. may refuse \0 issue you a name and address wtich will remai'l pubic. inbmalion after this Notice was gillen; and
permit. If you supply the inbmalion requested, Priw1e data are avaiabIe \0: BoaJd mentlers, anyone wiIh your c:onsenl
0
-
'0 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
P. O. BOX 250B
CINCINNATI, OR 45201.
MAy 06 2003 Employer Identification Number,
Date, .Ji5-08BOO2l
DLN: .
170S307479~OB3
PULMONAaY HYPERT~SION ASSOCIATION Contact Person.,
INC JAMES H BLAIR
ID# 3l.324
SSO SLIGP AVB #000 Contact Telephone Number:
SILVER S.1i'RtNG, MD 20910 (877) B2~-5S00
Our Letter Dated,
March l~99
Addendum Applies:
no
Dear App1ieant:
,;
This modifie~,our letter of the above date in which we stated that you
would be treated.~s,an or~anization that is not a private foundation until the
expiration of your advance ruling period.
Your ~empt'statu~ under section SOl{a) of the Inter~l Revenue Code as an
organizatiOn 'desc~lbed in section 501(C) (3) is still in effect. Based on the
information yeu submitted, we have dete~ined that you are not a private
foundation within the meaning of section 509(a) of the Code because you are an
organization of the type described in section 509(a) (1.) and 1.70 (hI (1) (A) (vi) ,
o Grantors aud cont.ributors may rely on this determination llnles.. the
Internal Revenue Servicepubl1shes notice to the contrary. However, if you
lose your section 509(a) (1) status, a grantor or contributor may not rely on
t.his Qete~ination if he or she was in part responsible for, or was aware of,
the act or f~ilure to act, or the substantial or material. change on the part or
the organization that resulted in your los$ of such status, or if he or she
acquired knowledge that the Internal Revenue Service had given notice that you
would no lon~er be classified as a section 509(a) (~) organization.
You are required to make your annual information return, Form 990 or
Form 990-EZ, available for public inspection for three years after the later
of the due date of the return or the date the return is fi.1ed. You are also
required to make available for public inspection your exemption application,
any supporting documents, and your exemption letter. Copies of these
documents are also required to Qe provided to any individual upon written or in
person request without charge other than rea~onable fees fo'1: copying and
postage. You may fulfill this requirement by placing these documents on the
Internet. Penaltiea maybe imposed for failure to comply with these
requirements. Additional information is available in Publication 557,
Tax-Exempt Status for Your Organi~ation, or you may call our toll free
number shown above,
If we nave inQicated in the heading of this letter ~hat an addendum
appl ies, the addendum enclosed is an integral part of this letter,
L~t:te(' lOSO ( DO/c,:>)
0
60 39t'd t'Hd PbbSS9S10S
as:pl L00G!SlIS0
~NQQYi~ (!)
0 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 Administrato
Will Neumeister, Community Developm
FROM: Andy Cross, Associate PlannerAP(
SUBJECT: Comprehensive Plan Amendment / MUSA Expansion / Metro Mosquito Control / 1260
Bunker Lake Boulevard - Planning
DATE: February 19,2008
INTRODUCTION
The applicant is requesting a Comprehensive Plan Amendment to extend the Municipal Urban
Service Boundary (MUSA) to include the Metropolitan Mosquito Control District's property.
DISCUSSION
The area to be added in the MUSA is shown on the attached maps. It's roughly 5.5 acres in size and
the zoning is R-l (Single Family Rural). The area is currently used by a number of Anoka County
0 organizations, including the Highway Department, Anoka County Parks, and the County Sheriff.
The size and shape ofthe area to be added to the MUSA traces the property the Metropolitan
Mosquito Control District is leasing from Anoka County. The County is supportive of this
Comprehensive Plan Amendment request, but have taken no steps toward adding more land into the
Urban Service Area outside of this proposal. The City Engineer has confirmed there is sewer
capacity to serve this facility.
Metropolitan Council Review
If this proposal is approved by the City Council, it will be sent to the Metropolitan Council for final
approval.
Planning Commission Recommendation
The Planning Commission unanimously recommended approval ofthis proposal.
ACTION REOUESTED
The City Council is asked to approve this Comprehensive Plan Amendment to expand the urban
service area to include the MMCD facility.
Attachments
Resolution
Respectfully submitted, Map
~@r Property Survey
Letter from Applicant
0 Andy Cross Letter from Anoka County
Associate Planner
Cc: Metropolitan Mosquito Control District, 1260 Bunker Lake Blvd NW, Andover, MN 55304
0 CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R -08
A RESOLUTION AMENDING THE 2020 METROPOLITAN URBAN SERVICE AREA
(MUSA) OF THE CITY OF ANDOVER TO INCLUDE PROPERTY LEGALLY DESCRIBED
AS:
That part of the northeast quarter of the Southwest Quarter of Section 35, Township 32, Range
24, Anoka County, Minnesota, described as follows:
Commencing at the most easterly comer of Parcel 45, ANOKA COUNTY HIGHWAY RIGHT-
OF-WAY PLAT NO, 68, Anoka County, Minnesota; thence South 82 degrees 51 minutes 48
seconds West, bearing assumed, along the southeasterly line of said Parcel 45, a distance of
112.34 feet to the point of beginning of the land to be described; thence continue South 82
degrees 51 minutes 48 seconds West, along said southeasterly line, 66.12 feet; thence South 10
degrees 34 minutes 54 seconds East 75.99 feet; thence North 88 degrees 54 minutes 41 seconds
West 92.03 feet; thence South 01 degrees 05 minutes 19 seconds West 626.00 feet; thence South
88 degrees 54 minutes 41 seconds East 380.00 feet; thence North 01 degrees 05 minutes 19
seconds East 626,00 feet; thence North 88 degrees 54 minutes 41 seconds West 220.58 feet to the
0 intersection with a line bearing South 10 degrees 34 minutes 54 seconds East from the point of
beginning; thence North 10 degrees 34 minutes 54 seconds East 85.65 feet to the point of
beginning.
Part of P.I..N. 35-32-24-31-0001
WHEREAS, the Metropolitan Mosquito Control District has requested the City of Andover to
include the subject property legally described above within the Metropolitan Urban Service Area
(MUSA), and;
WHEREAS, analysis of the City's sanitary sewer trunk system has determined that sufficient
capacity exists to serve the subject property, and;
WHEREAS, a public hearing was held pursuant to state statutes, and;
WHEREAS, the Planning and Zoning Commission recommends approval to the City Council
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 adopts the
following amendment to the Comprehensive Plan, subject to review by the Metropolitan
0 Council:
1. Extend the Metropolitan Urban Service Boundary (MUSA) to include the property legally
described in this resolution,
-~~
0 Adopted by the City Council of the City of Andover on this 18th day of March, 2008
CITY OF ANDOVER
ATTEST: Michael R, Gamache, Mayor
Victoria V olk, City Clerk
0
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GAUGER ENGINEERING. JNcj-.c
0 engineers
35 W. Water Street, St. Paul, MN 55107 651/227-1748
February 4, 2008
Dave Berkowitz, City Engineer
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
Re: Proposed Sanitary Sewer
Metropolitan Mosquito Control District
1260 Bunker Lake Blvd. NW
Andover, Mi nnesota '
Dear Mr. Berkowitz:
. As the Owner's Representative for the Metropolitan Mosquito Control District,
I have been authorized to request the City of Andover to extend the sanitary
0 sewer along Bunker Lake Boulevard to connect to MMCD site.
We request that a feasibility report be prepared at this time. We have attached
a survey of the subject site for your reference. We have also enclosed oUr
check for $ 7,500:00 for the feasibility report expenses.
We will determine later if the MMCDwishes to be assessed over a period of
time or will pay the assessment up front.
Sincerely,
!2ik<< ~ . /i:- -
R. Richard Gauger, PE
Licensed in the State of Minnesota
cc: William J. Caesar, MMCD
Courtney Bednarz, City of Andover
0
-:6-
0 Anoka County Parks and Recreation
",,',.\~Z;.~;~:!1 ~~;.~:;;:;'b";~-:.
550 Bunker Lake Boulevard NW, Andover, MN 55304
March 3, 2008
Andy Cross
City Planner
City of Andover
1685 Crosstown Blvd NW
Andover, MN 55304
Dear Mr. Cross:
Thank you for the opportunity to comment on the city's proposed Comprehensive Plan amendment
to extend the MUSA boundary to encompass the Metropolitan Mosquito Control District facility.
The county has been aware of this plan for several months and is in full support. As you are aware,
0 the MMCD facility sits outside of the federal land and water conservation boundary of the park and
is therefore not subject to federal conversion requirements. The county may wish to connect the
Parks Maintenance Shop to the new sewer line at some point in the future and we would ask for
yo upport when that opportunity presents itself.
a e feel free to call me with any questions at 763-767-2860.
0
-7-----
OPEN SPACES IN NEARBY PLACES
';
-::7-~,"::".=..ii;i _..<I'"..<'"..':,C',"
-.
Phone: 763.757.3920 www.anokacountyparks.com Fax: 763.755.0230
0 (j)
1685 CROSSTOWN BOULEVARD N.W. 0 ANDOVER, MINNESOTA 553040(763) 755-5100
FAX (763) 755-8923 0 WWW.CI.ANDOVER.MN.US
TO: . ~
MaY'" wID Councrlmemben< ~
CC: Jim Dickinson, City Administrato .
FROM: Captain Tom Wells - Anoka County Sheriff's Office
SUBJECT: Receive Anoka County Sheriff's Department Monthly Report - Sheriff
DATE: May 15, 2007
0 INTRODUCTION
Captain Tom Wells from the Anoka County Sheriff's Office will be present to provide the
Council and the citizens of Andover with an update on law enforcement activities within the
City.
DISCUSSION
To be verbally presented.
ACTION REOUIRED
For Council information.
Respectfully submitted,
Captain Tom Wells
Anoka County Sheriff's Office
0
MAR. 13. 2008 9:01AM PATROL
NO. 6777 P. 2
0 B. CITY OF ANDOVER - FEBRUARY 2008
lITEM r FEBRUARY I
JANUARY I YTD 2008 I~~:YI
Radio Calls 690 733
1,423 1,526
Incident Reports 731 768
1,499 1,619
Burglaries 0
5 5 12
Thefts 35
38 38 70
Crim.Sex Condo 0
1 1 2
Assault 1
5 6 20
Dam to Prop. 28
21 49 54
Harr. Corom. 10
14 24 21
Felony Arrests 6
27 33 10
Gross Mis. 1
13 14 6
0 Misd. Arrests 72
91 163 68
DUl Arrests 5
10 15 27
Domestic Arr. 3
5 8 12
Warrant Arr. 10
22 32 17
Traffic Arr. 215
312 480 361
DUI OFFENSES:
DAY
OF Sunday Monday Tuesday Wednes
ay Thursday Friday Saturday
1=1 .
0007 I I l
' [ 0117 I 2011 I I
0220
2021
0
MA R. 13. 2008 9:02AM PATROL
NO. 6777 P. 3
0 C. CITY OF ANDOVER - FEBRUARY 2008
COMMUNITY SERVICE OFFICER REPORT
lITEM I FEBRUARY I . JANUARY I
YTD 2008 1~~YI
Radio Calls 93 121
214 268
Incident Reports 69 113
182 149
Accident Assists 15 6
21 29
Vehicle Lock Out 23 31
54 68
Extra Patrol 135 151
286 332
House Checks 15 12
27 3
Bus. Checks 33 74
107 33
Animal Compl. 25 51
76 66
Traffic Assist 12 17
29 18
0 Aids: Agency 160 155
305 230
Aids: Public 64 92
156 129
Paper Service 0 0
0 0
Inspections 0 0
0 0
Ordinance Viol. 0 0
0 0
0
0 cj)
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 '. L
Will Neumeister, Community Development Director {,(k
FROM: Chris Vrchota, Associate PlanneraW
SUBJECT: Public Hearing/Zoning Code Amendment/Daycare Centers as a Conditional Use
or Permitted Use in the lndustrial Zoning District - Planning
DATE: March 18, 2008
INTRODUCTION
The City Council was approached at their March 4, 2008 meeting by a property owner to change
the uses in the (I) Industrial Zoning District to enable a daycare center to be allowed in an
existing office type building located in Hughs Industrial Park. The property owner described this
0 space as the best possible site to accommodate an existing daycare center that has experienced an
emergency need to relocate. Apparently there was a fire in the shopping center where they were
previously located at County Road 22 and Round Lake Blvd. The site they would like to occupy
is located at the northeast corner of 162nd and Round Lake Boulevard. They selected this
location because they want to be as close as possible to where their daycare was previously
located. The building at this location is in an industrial zone. They would be required to make
appropriate changes to the building in order to meet the City, County and State daycare
requirements before they could occupy the space.
DISCUSSION
All daycare centers must be inspected and follow rules and guidelines issued by Anoka County,
the State and also meet all Uniform Building and Fire Codes. This location will need to have a
sprinkler system installed (for fire suppression) and may need a septic system upgrade before a
daycare can operate there. The owner of the building is pursuing getting the appropriate
individuals from those governmental departm~nts to inspect the space and determine if they can
occupy it.
Staff recommends daycares be made a conditional use because there may be some situations
where a daycare center may not be appropriate in industrial zoned property. There are some
areas in our industrial parks that may have "attractive nuisances II that need to be secured or
screened from children in the vicinity. That is the primary reason that staff recommends the
conditional use designation. Some could argue that in today's world there is a need for on-site
0 daycare in industrial developments, and that may be a reason to allow them in industrial zoned
property. The question is, do you want them to only have to obtain a building permit and get the
State and County approvals before they open for business, or do you want more oversight and
the ability to place conditions on them?
0 Making it a conditional use may take longer for this particular daycare to get the proper
approvals, but it may be prudent to be cautious in how this is handled and take the time to make
a proper ruling than a quick judgment.
Also note that daycare centers are a permitted use in all the City's Commercial zones. Recall
that all retail uses are a conditional use in the industrial zone. The karate studio located in the
building where Hanson Builders is located had to obtain a CUP before they could open.
Planning Commission Recommendation
The Planning Commission unanimously recommended that daycare centers be made a
conditional use in the Industrial zoning district.
Attachments:
Ordinance
Planning Commission Meeting Minutes (When Available)
ACTION REOUESTED
The City Council is asked to review the proposal and decide whether the City Code should be
changed to accommodate daycare centers in the industrial zone. If the decision is made to
change the Code, the Council must determine whether they should be a Permitted or Conditional
Use.
o ~ZI~
Chris V rchota
0
0 CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. -
AN ORDINANCE AMENDING CITY CODE SECTION 12-13-3 OF THE CITY OF
ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
City Code Section 12-13-3 of the City of Andover is hereby amended as follows:
(Bold and underlininl!: represents words to be added)
Daycare Centers (Commercial)
Adopted by the City Council of the City of Andover on this ISth day of March,
0 200S.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Victoria V olk, City Clerk
.
0
CI0
0 168.5 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8.923 . W I.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator nt DirectorwL
Will Neumeister, Community Develop
FROM: Courtney Bednarz, City Plannet;
SUBJECT: Public Hearing/200S Natural and Scenic Area Grant Application- Planning
DATE: March IS, 200S
INTRODUCTION
The Council directed staff to proceed with this grant application. A public hearing and an
approved resolution are two elements of the application for this grant. Please note that the
minutes of this meeting are also required to be submitted with the grant application.
DISCUSSION
At the last Council Work Session, staff indicated that meetings with three property owners and
information would be sent to a fourth property owner (along the Rum River). The results since
that meeting are as follows:
0
Section 11 - Kuiken Property
The Kuiken Family has indicated interest in selling the majority of property that they own. This
is the only potential participant in the grant program at this time. Their offer includes two or
three parcels as summarized on the following page.
Section 11 - Ganter Property
The Ganter property shown on the attached map is 40 acres of upland oak forest and understory
groundcover. The Gl;lilter Family requested a range between $5-7,000 per acre more than was
discussed by the city.
Leeman Lake - Haluptzok Property
Mr. Haluptzok indicated a desire to have his property served by municipal sewer and water.
Staff explained that this will not happen due to the location and capacity ofthe municipal
system.
Rum River North - Schmelzer Property
Information concerning conservation easements has been sent to the property owner. The owner
continues to consider his options.
0
0 The following information is required to be available at the public hearing:
1. Project scope and the type of activities involyed
The project is acquisition of rural property. Three approximately 40 acre parcels are
offered for sale by the Kuiken Family (see attached map). A general description of the
properties follows:
Parcel One: Contains oak forest, farmed floodplain and understory groundcover. It is
crossed by a farm road and has ditches along the west property line and through the
northeast quadrant of the parcel. Approximately IS acres are upland and 20 acres are
floodplain. At the rates established for discussion purposes this parcel would cost
$463,207.50.
Parcel Two: Contains oak forest and farmed floodplain. It is crossed by a farm road and
has a ditch through the center of the property. Hanson Boulevard borders the property to
the west. Only 7 acres are upland and 30 acres are floodplain. At the rates established
for discussion purposes this parcel would cost $329,355.00
It is important to note that the farm road is used to access parcel three. If parcel three
is
not included in the purchase, the Kuiken Family has requested that they be allowed to
continue to use the farm road to access parcel three. The access to Ward Lake Drive will
0 not support the weight of trucks carrying sod.
Parcel Three: Inclusion of this property would allow the farm road to be closed and the
Kuiken sod operation to end. The southerly 40 acres is offered for sale. The Kuiken
Family wished to retain the northerly triangular piece for future development as discussed
with the Woodland Hills Plat. The entire 40 acres is floodplain. Staff indicated that the
amount the city could offer for this piece would be minimal.
2. Implementation schedule
The acquisition would occur once a 50% match is obtained through the Natural and
Scenic Area Grant Program, presumably in the Fall of this year. A forest management
plan would be implemented following acquisition
3. Oyerall cost and the proposed financing for the project
The cost of acquisition is itemized above.
4. Costs to be assessed to community residents
Project costs will not be assessed to residents. City funds for this project originated from
the Open Space Bond Referendum approved by residents in 2006.
5. Other associated project costs such as maintenance expenses, etc.
Implementation of a sustainable forest management plan and restoration plan for
0 floodplain areas is estimated to cost $25,000.
Open Space Advisory Commission Recommendation
0 The Commission discussed this information at their meeting last Wednesday. The Commission
recommended against a grant application at this time based on the fact that additional time may
yield more and better offers. While the Commission reiterated the value of the Section 11 Study
Area, the properties described above were deemed to be on the fringe of it. Their value as open
space would be greatly reduced if the adjoining upland and forested properties could not be
acquired.
ACTION REOUESTED
The Council is asked to hold a public hearing and to modify and approve or deny the attached
resolution authorizing the grant application. Please note that this resolution is in a form that was
provided with the grant application packet.
Attachment
Resolution
0
0
CITY OF ANDOVER
0 COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R
A RESOLUTION APPROVING APPLICATION TO THE MINNESOTA DEPARTMENT OF
NATURAL RESOURCES FOR THE 200S NATURAL AND SCENIC AREA GRANT
PROGRAM
BE IT RESOLVED that The City of Andover act as legal sponsor for the
project contained in the Natural and Scenic Area Grant Program Application to be submitted
on March 31, 2008 and that Courtney Bednarz, City Planner is hereby authorized to apply to the
Department of Natural Resources for funding of this project on behalf of The City of Andover.
BE IT FURTHER RESOLVED that The City of Andover has the legal authority to apply for
[mancial assistance, and financial capability to meet the match requirement and ensure adequate
management and protection.
BE IT FURTHER RESOLVED that The City of Andover has not incurred any development
costs described on Item 5 (matching funds) of the Natural and Scenic Area Grant Application
and has not entered into a written purchase agreement to acquire the property described on Item
0 4 (parcel identification numbers and cost estimate) of the Natural and Scenic Area Grant
Application.
BE IT FURTHER RESOLVED that upon approval of its application by the state,
The City of Andover may enter into an agreement with the State of Minnesota for the above-
referenced project, and that The City of Andover certifies that it will comply with all applicable
laws and regulations as stated in the grant agreement including dedicating the park property for
natural and/or scenic uses into perpetuity.
NOW, THEREFORE BE IT RESOLVED that the City Planner is hereby authorized to execute
such agreements as' are necessary to implement the project on behalf of the applicant.
I CERTIFY THAT the above resolution was adopted by the City Council of The City of
Andover on March IS, 200S.
SIGNED: WITNESSED:
(Signature) (Signature)
0 (Title) (Date) (Title) (Date)
1,
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0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.U
TO: Mayo< and Councilmomb=
~
CC: Jim Dickinson, City Administrator
Will Neumeister, Community
Development Directort4/L
FROM: Chris Vrchota, Associate Planner OAV
SUBJECT: CQusider Conditional Use Permit/On Sale Wine & Beer/Beef'O'Brady's Family
Sports Pub/15190 Bluebird
Street NW - Planning
DATE: March 18, 2008
INTRODUCTION
The applicants are requesting a Conditional Use Permit (CUP) for on-site liquor sales at a new
restaurant in the Andover Clocktower Commons shopping center.
0 DISCUSSION
The applicants are pursuing a beer and wine license for the restaurant. The attached letter from
the applicants outlines their plans for theme and food for the restaurant. The restaurant will be at
the west end of the existing retail strip center and will seat between 105-120. The proposal
meets all City Code requirements for a liquor license, including occupancy, food sales, and
distance from schools and churches.
While they plan on applying for a beer and wine license at the present time, they might consider
pursuing a full liquor license in the future if the business does well. While this would require a
new liquor license, it would not need a new or amended conditional use permit.
In April 2005, an application for on- and off-sale liquor licensing for Clocktower Commons
came before the Council. At that time the Council voted not to grant a blanket liquor
Conditional Use Permit for Clocktower Commons. Instead each tenant would be required
to
apply separately for a Conditional Use Permit to sell alcohol.
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
0 occupants of surrounding lands.
b. Existing and anticipated traffic conditions, including parking facilities on adjacent
streets and land.
0 c. The effect on values of property and scenic views in the surrounding area, and the
effect ofthe proposed use on the Comprehensive Plan.
2. If it shall determine by resolution that the proposed use will not be detrimental to the
health, safety, morals, or general welfare of the community, nor will cause serious traffic
congestion or hazards, nor will seriously depreciate surrounding property values, and that
said use is in harmony with the general purpose and intent of this title and the comprehensive
plan, the City Council may grant such permits.
Planning Commission Recommendation
The Planning Commission unanimously recommended approval ofthe Conditional Use Permit.
Attachments
Resolution
Location Map
Letter from the Applicant
Site Plan
Planning Commission Meeting Minutes (When Available)
ACTION REOUESTED
The City Council is asked to approve the proposed Conditional Use Permit.
0 Respectfully Submitted,
~#~
Chris Vrchota
Cc: Tony and Matt Zeece, 15798 Crane Street NW, Andover, MN 55304
0
-2-
0 CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. -
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST TONY AND
MATT ZEECE FOR ON-SALE LIQUOR AT 15190 BLUBIRDSTREET #114 (pm 23-32-24-"
32-0026), LEGALLY DESCRIBED AS:
Lot 5, Block 1, Andover Clocktower Commons, Anoka County, Minnesota
WHEREAS, Tony and Matt Zeece have requested a Conditional Use Permit for on-sale liquor,
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 fmds 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
0 the Conditional Use Permit request;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Conditional Use Permit for on-sale liquor on said property with the following conditions:
1. The applicants shall obtain a liquor license from the City Council.
2. The Conditional Use Permit shall be valid for obtaining one liquor license, for the
specified tenant space.
3. The Conditional Use Permit shall be subject to a sunset clause as per section 12-14-6-D
of the Andover City Code.
Adopted by the City Council of the City of Andover on this _ day of ,2008.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Victoria V olk, City Clerk
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0 City of Andover,
Please review this application request by Z-Bros., Inc., for a Beef 'O'Brady's Family
Sports Pub Franchise located at Clock Tower Commons, 15190 Bluebird, #114. Below is
an Executive Summary of the business we are proposing:
Beef '0' Brady's will be a new family sports pub serving the Andover, MN community
under the ownership ofZ-Bros., Inc., Tony Zeece, President and Matt Zeece, Vice
President. Beef 'O'Brady's is a family oriented sit-down restaurant and sports pub
designed to offer a gathering spot for families in the surrounding Andover community.
We emphasize the local sports teams and associations with sponsorships of baseball,
softball, football, soccer and hockey associations. The restaurant will be decorated with
local sports memorabilia, has numerous TV's, a game room and banquet room. Beef
'O'Brady's offers a different type of atmosphere than is currently available in this
community. With buffalo style hot wings, hamburger baskets, salads and wraps, it is
geared towards the younger families that are so prevalent in this area. Parents and their
children of all ages can come to Beefs after the ball game and enjoy food, drink and chat
about the game. They can also feel comfortable letting the kids play video games in the
game room while watching sports on one of the many TV's located throughout the
restaurant. There currently exists only 2 adult bars and a bowling alley in the surrounding
area and BeefO'Brady's will meet the unmet demand for a relaxed, family sports style
pub that offers casual dining, beer and wine
0 Sincerely,
~6~
Matthew Zeece
-----;z~ ~
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Retail Strip Center
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@
0 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: Consider On-Sale Wine and Beer License/Beef '0' Brady's
DATE: March 18, 200S
INTRODUCTION
Z-Bros., Inc. has applied for an on-sale wine and beer license for a family sports pub
(Beef '0' Brady's) to be located at 15190 Bluebird Street NW.
0 DISCUSSION
The Planning Commission at their March 11 th meeting recommended approval of a
Conditional Use Permit to allow alcohol at 15190 Bluebird Street NW, Suite 114.
The pub will seat between 105-120 persons and will employ 20-25 people. City Code
requires seating for at least 100 persons.
ACTION REOUIRED
The City Council is requested to consider approval of the on-sale wine and beer license
for Z-Bros., dba Beef '0' Brady's, contingent upon a favorable report from the Sheriff
and receipt of a certificate of insurance.
Respectfully submitted,
4' f}/b
Vicki V olk
City Clerk
0 Attach: Application for On-Sale Wine License
@ Minnesota Department of Public Safety ~.f.i!~~
ALCOHOL AND GAMBLING ENFORCEMENT DMSION i~ ~~..:\~
.~
0 444 Cedar St, Suite 133, St Paul, MN 55101-5133 \~J?
(651) 201-7507 FAX (651) 297-5259 TrY (651) 282-6555 :"~;~?<:.;f
WWW.DPS.STATE.MN.US
APPLICATION FOR COUNTY/CITY ON-SALE WINE LICENSE
(Not to exceed 14% of alcohol by volume)
EVERY QUESTION MUST BE ANSWERED. If a corporation, an officer shall execute this application. If a partnership, LLC, a partner
shall execute this application.
Workers compensation insurance company. Name Policy #
LICENSEE'S MN SALES & USE TAX ID # To apply for MN Sales Tax # call (651) 296-6181
LICENSEE'S FEDERAL TAX ID #
Applicants Name (Business, Partnership, Corporation) Trade Name or DBA c/c
"Z-Br65, TJ1L. gee! I 0 f Bra '1 'j
Business Address 8!tle.b/rtl5f. if// Business Phone Applicant's Home Phone
Is- O ( ) (763) '13'1- 87'-1.
City Co~()kq State Zip Code
/h1 cIo y.e r J#A./ SJ~3cJ'I
If a transfer, give name of former owner License period
From To
Pre>,
V/ce.f1f5.
Partner/Officer Name and Title Address
CORPORATIONS
Stalem~on Is corporatioo authorized to do business in Minnesota?
Yes DNo
If a subsidiary of another corporation. give name and address of parent corporation
tt-C
Has the building owner any coonectiOD, direct or indirect.
with the applicant? 0 Y es ~o
Hour's food will be available No. of people restaurant employs No. of months per y= restaurant Will food service be the principle business?
.).0 -.J- S- will be open Id- es oNo
Sb'rJrl..s fJl1h
,
If the restaurant is in conjunction with another business (resort etc.). dcsaloC business
I'? (',
NO LICENSE WILL BE APPROVED OR RELEASED UNTIL THE $20 RETAILER ID CARD FEE IS RECEIVED BY AGED
'I
OTHER INFORMATION
C DYes rf'o 1. Has the applicant or associates been granted an on-sale non-intoxicating malt beverage (3.2) and/or a "set-up"
license in conjunction with this wine license? .
eYes ~o 2. Is the applicant or any of the associates in this application a member of the county board or the city council,
which will issue this license? If yes, in what capacity? . (If the applicant is
the spouse of a member of the governing body, or another family relationship exists, the member shall not vote
on this application.)
eYes 'f,No 3. During the past license year, has a summons been issued under the liquor civil liability (Dram Shop) (M.S.
340A.802). If yes, attach a copy of the summons.
eYes ):No 4. Has applicant, partners, officers or employees ever had any liquor law violations in Minnesota or elsewhere.
If so, give names, dates, violations and fina1 outcome.
eYes 1p'o 5. Does any person other than the applicants, have any right, title or interest in the furniture, fixtures or equipment
in the licensed premises? If yes, give names and details.
eYes )(No 6. Have the applicants any interests, directly or indirectly, in any other liquor establishments in Minnesota? If yes,
give name and address of the establishment
I CERTIFY THAT I HAVE READ THE ABOVE QUESTIONS AND THAT THE ANSWERS ARE TRUE AND CORRECT TO THE
BESTOFMYOWNKNOWLEDGE. ' . /~~ ~/-7",_
SlImatore of Annhcant . ~
The licensee must have one of the following: (Check ODe) -'
1A. Liquor Liabilitylnsurance (Dram Shop) $50,000 per person; $100,000 more than one person; $10,000 property destruction;
$50,000 and $ I 00,000 for loss of means of support ATTACH "CERTIFICATE OF INSURANCE" TO THIS FORM.
eB. A Surety bond from a surety company with minimum coverage as specified above in A.
Ce. A certificate from the State Treasurer that the Licensee has deposited with the State, Trust ,Funds havillg a market value of
0 $100,000 or $100,000 in cash or securities.
IF LICENSE IS ISSUED BY THE COUNTY BOARD, REPORT OF COUNTY ATTORNEY
eYes ONo I certiJy that to the best of my knowledge the applicants named above are eligible to be licensed.
If no, state reason.
Signature County Attorney County Date
.
. REPORT BY POLICE OR SHERIFF'S DEPARTMENT
This is to certiJy that the applicant and the associates, named herein have notbeen convicted within the past five years for any violation of
Laws of the State of MinnesOta, Municipal or County Ordinances relating to Intoxicating Liquor, except as follows:
Signature Department and Title Date
IMPORTANT NOTICE
ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. FOR
INFORMATION REGARDING OBTAINlNG THIS STAMP, CONTACT THE BUREAU OF ALCOHOL TOBACCO AND FIREARMS
AT (65]) 726-0220 (PS9114-2006)
NOTICE
A 530.00 service ebarge will be added to all disbonored cbecks. Yon may also be sabjoded \0 a civil penalty orSl00.00 or 100% oftbe value ortbe cbeck,
wbicbever is greater, plus iDterest aad attorney rees.
0
,
0 @
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304
MAIN (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator. nt Director wi-
Will Neumeister, Community Develo
FROM: Andy Cross, Associate Planner #/""C.
SUBJECT: Consider Conditional Use Permit / Linder's Flower Mart / 2218 Bunker Lake Blvd) -
Planning
DATE: March 18, 2008
INTRODUCTION
Linder's Greenhouse & Garden Center has come forward with a request to locate a "Flower Mart"
temporary greenhouse in the parking lot of Festival Foods in Andover Station. The operation would
0 run from April through July and require a Conditional Use Permit.
DISCUSSION
An attached letter from the applicant provides information about the "Flower Mart". The operation is
in it's 18th year and has 48 locations around the Twin Cities. Drawings and photographs are included
to provide additional information, The applicant will also be present to provide background
information and to answer questions.
Location
The proposed location for the "Flower Mart" is in the middle of Andover Station's shared parking
area. This location will allow for good traffic circulation around the operation and will not obstruct
drive lanes. The central location does not dominate the parking area for any particular existing tenant
and preserves the vast majority of parking stalls for shoppers. Festival Foods, United Properties, and
Linder's Greenhouse are all amenable to this location.
Conditional Use
"Outdoor display, storage, and sales" is a Conditional Use in Andover Station's GB - General
Business zoning district. The Conditional Use Permit allows the City an opportunity to apply
appropriate conditions to the greenhouse proposal. Such conditions may include a one year trial
period, limiting the operation to the hours indicated by the applicant, and requiring the applicants to
operate only within the dates indicated in their letter.
0
Economic Development Authority (EDA)
This item appeared before the Economic Development Authority on March 4th. The EDA
0 unanimously agreed the proposed greenhouse operation is permissible in Andover Station.
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of this proposal.
ACTION REQUESTED
The City Council is asked to approve the Conditional Use Permit application and apply appropriate
conditions.
Respectfully submitted,
~~
Andy Cross
Associate Planner
Cc: Linder's Flower Mart Division, 275 W Wheelock Pkwy, 81. Paul, MN 55117
0 Attachments
Resolution
Letter from applicant
"Flower Mart" location diagram
Linder's Greenhouse information
0
CITY OF ANDOVER
COUNTY OF ANOKA
0 STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR OUTDOOR
DISPLAY, STORAGE, AND SALES IN THE GB - GENERAL BUSINESS ZONING DISTRICT
IN ANDOVER STATION, LEGALLY DESCRIBED AS:
Lot 1, Block 1, Andover Marketplace, Anoka County, Minnesota
WHEREAS, Caio Cella has requested approval on behalf of Linder's Greenhouses, Garden Center &
Flower Marts of a conditional use permit for a "Flower Mart" greenhouse operation in the parking lot
of Andover Station, and;
WHEREAS, the Planning Commission has reviewed the request and has determined that said request
meets the criteria of City Code 12-14-6 Conditional Uses, and;
WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the
health, safety, and general welfare of the City of Andover, and;
WHEREAS. The Planning Commission recommends to the City Council approval of the Conditional
Use Permit request;
0 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning Commission and approves the Conditional Use
Permit for outdoor display, storage, and sales, subject to the following conditions:
1) The gre~nhouse operation shall conform in size and scale with the materials submitted
with the Conditional Use Permit Application dated February 15th, 2008.
2) The Flower Market operation shall operate only between April 15t and July 31 5t of each
year.
3) Hours of operation shall be from 8:00 AM to 8:00 PM.
4) All signage relating to the proposal shall require a sign permit from the City.
5) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-
14-6.
Adopted by the City Council of the City of Andover on this 18th day of March, 2008.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
0 Vi~toria V olk, City Clerk
-J"
Flower Mart Division
275 W Wheelock Pkwy
St. Paul, MN 55117
612.685,7993
Fax: 651.255.0445
E-mail: caiocella@linders.com
GREENHOUSES, GARDEN CENTER & FLOWER MARTS - ;u:I
February 15,2008
Courtney Bednarz - City Planer
, City of Andover
1685 Crosstown Blvd, N,W.
Andover, MN 55304
Dear Mr, Bednarz;
Please consider this letter with the attached application form, documents, and information, to be our
0 ' application for a Special Use Permit. The request is being made to be able to operate a Linder's
"Flower Mart" at the Festival Foods Store at2218 Bunker Lake Blvd NW.I have attempted to
provide enough information for you to complete the process. 1 hope this is what you need to
process arid issue the appropriate permit.
ABOUT LINDER'S:
Linder's is a family business and has been growing and selling high quality flower and vegetable
plants for over 90 years. We grow most everything we sell other than nursery stock, some ','
perennials, and specialty items, and have two large' growing locations: St. Paul and Lake Elmo.
During the last eighteen years we have developed our "Flower Marts" and have placed them
throrigh~ut the Twin Cities. In 2007 we operated at forty eight different locations. During our
season we sell all types of annuals, perennials, hanging baskets' and other products for use in the
home garden. Because we are well kriown as a quality grower, many gardeners seek us out to
supply their planting needs. Locating in areas around the cities enables us to serve our customers
better. It is also an opportunity fot neighboririg business owners to provide their customers with
quality flower arid vegetable plants conveniently nearby. Our customers have given us a
, tremendous welcome and look forward to our returning each spring.
, '
We grow quality bedding plants as well' as other seasonal products for sale both wholesale and '
retail. Linder's guarantees all our products and because we are a year-round business, our customers
can come to us even after our remote "Flower Marts" have closed for the season. We take great'
0 pride in our "Flower Marts" and are proud to display our name, on, them and carefully signthem to
identify ourselves. The photos show our "Flower Marts" at various locations for you to see how we
look. We are very proud of oUr reputation and do everything possible to be the best in this market:
-'-/-
p~ 7ReS~ 7we~*~L#
0
, THE MARKET:' "
We feel that the Festival Foods location may be an excellent place to locate a Linder's "Flower
Mart", This couldbe an opportunity to serve our customers inyour community with a nearby'
convenient shopping location where they carl buy quality plant materials from a local Twin Cities
grower. We are experienced in this kind of operation and feel that we'are doing an excellent service
fot our customers and our surrounding conimunities. - '
LOCATION:
The area needed is typically 90 feet by60feet (about 5,400 sq. ft). This size includes the garden
center itself and the patio areas connected to the Flower Mart. We will locate in a place that is some
distance from the front of the other businesses and out of the main stream of traffic, both pedestrian, ,
and vehiculat. We want to give the Flower Mart visibility to the public without obstructing the- , , '
visipility of the other neighboring businesses, and ,at the same time have good visibility in order to,
attract customers into the loi, , ' '
TRAFFIC: "
, With regard for vehicletfaffic, the "f110wet Marti' is placedin the selected location in ordetto keep
any traffic disruption to a niinimum:. Thepatio areas at the front, side and back serve to protect the
"Flower Mart", from vehicles and let the drivers see around the garden center. The patio fence is
0" ,,', about 4 ft high and surrounds the "Flower Mart"on three sides. This design has been used at our
, "Flower Marts" for sevetal years arid we have yet to have had a ptot>lem with vehicle movement.
, We feel thatthis is a safe waytodea,Iwith vehicles: Placed in this manner, vehicles cannot park
adjacent to the "Flower Mart". The circulation of vehicles in the parking lot will not be adversely
.' affected by the "Flower Mart" due to its location in the lot. '
PARKING:
, , We have designed the "Flower Mart" as we did because we feel that this is the most professional,'
- design arid uses the available space toits maximUm potential. Linder's has operated "Flower Marts"
" 'successfuIly for ei~hteen: years in: conununities surrounding the Twin Cities. It has been our
.' expepence that the traffic and parking in the lots shared by the "Flower Mart", is not affected ,
considerably dueto the sharing of customers with our property owner. We bring in many customers
but they are easily handled by the size of the lots we occupy. We do not want to create a congestive
, atmosphere for our customers or neighboring businesses.
the uFlower Mart" generates business activity which varies during the business day with the most
activity occurring in late afternoon and evening. There is also business activity occurring on the '
weekends with the most on Saturdays, Having done this type of operation for eighteen years, it
would, be safe to say that the' average amount iJi the "Flower Mart" at anyone time is about five to
six customers. The maxim'um' amount of customers may be up to ten. There are certainly times
when special sales occur that higher levels of activity may occur, but we have never seen so much
0 that a problem has occurred in relation to theamotint of cars or pedestrian traffic.
-s---
0
THEnFLOWER MART":
The typical "Flower Mart" itself is 72 feet long and 21 feet wide and 12 feet high. There are
patio/display areas in the front, side and rear of the "Flower Mart". The entire size is 90 feet by 60
feet with total of 5,400 sq feet. See the attached drawing. The size and configuration can be
adjusted somewhat in'order to,nieet the available space.
The "Flower Mart" itself is a high quality greenhouse structure which sits, on the pavement 'and is
held dowIi.with an internal system which uses water for ballast. It is a commercially made unit,
which is manufactured by a Minnesota company (Poly- Tex, located in Castle Rock, MN).)t is a '
very good looking structure which we have used for many years.
ADVERTISING:
, Linder's has established an extensive advertising program, which includes a large presence on '
, television, withcoriunercials and other appearances by our staff, The Linder's name is synonymous
with quality, selection, a'nd service. Our two year warranty on most products has established us as a
" leadet in this industry, We also use radio, both major newspapers, local papers, brochures, arid '
, 'other mailings to convey our message. We make extensive efforts to bring in customers so- we can
be successful as well as all other merchants. " ' "
0 SIGNAGE:
The signage fora typical "FlowerMart" is shown on the drawing, This is what we belie~e to be an
, excellent signage 'plan. We have ~ed tQ desigti the appearance arid' signing of our stOres .to be riot .
, onlyeye catching but professionallookingaswell~ We are very conscious of how we look and do,
'business. We would comply withthe current sign requirements of the City of Andover. "
, UTILITIES: , ' ,
, Our only utility requirements are reaSonable access to water for the plants and 110 volt electricity
(on 24 hours) which runs the cash register andother small items in the ,"Flower Mart".
, '
This power typically comes from a light pole in the lot nearest the ;'Flower Mart. We have no ,
lighting permanently installed in the "Flower Mart". Linder's takes away all discarded material and
, unnecessary items. We strive to maintain a clean and professional appearance, '
: '.
Water is the other utility we need. This is needed to care for the plant material at the "Flower Mart". -
.. ..
The source Qf the water is not speCifically identified at this point. Hopefully a source can be located
nearby or nom the underground watering system, We only need the equivalent of a standard'
gardening hose to water the plant material.
THE SPRING SELLING SEASON:
" '
The selling season to be from April 15 thru July 20 (weather dependent). We typically begin ,
0 preparations to setup all of the Linder's "Flower Marts" in the middle of March. We request the,
, necessaIy time to build the "Flower Mart" before the season begins. We first deliver the necessary
eqUipment to the location and then begin setting-up the "Flower Mart" when the weather is
.,z-
0 permissible. The "Flower Mart" is taken down and totally removed on the closing day ofthe
season. We totally clean and sweep the location in the parking lot so that once we are gone there is
no evidence of our having been there.
OUR HOURS:
Our hours are 8:00 AM until 8:00 PM weekdays and 8:00 AM until 8:00 PM on most weekends.
We typically have two to three employees during weekdays and three to four during weekends, We
are open seven days a week during the season. The "Flower Mart" is closely supervised by myself
and several District Managers who keep it stocked and operating cleanly and efficiently. We make
every attempt to employ persons from the community.
I have tried to provide all of the information about Linder's to answer your questions.
If you have any other questions or concerns you can reach me at any time on my cellular telephone
612-685~ 7993: ~ ' "
Sincerely,
~e</- ~
", ~ Caio Cella '
Division Manager - Flower Mart
0
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0
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 orks/City Enginee'fDD'D
FROM: Todd J. Haas, Asst. Public Works Director
SUBJECT: Consider Appointments/Coon Creek Watershed District Vacancies-
Engineering
DATE: March 18, 2008
INTRODUCTION
This item is in regard to recommending to the Anoka County Board of Commissioners an
individual or individuals to serve as a manager on the Coon Creek Watershed District.
DISCUSSION
0 There are two managers whose terms expire on May 27, 2008 for the Coon Creek Watershed
Board. They are Joseph Marvin who resides in portion 4 of the Watershed District and Ted
Capra who resides in portion 7 of the district. It is unknown at this time if Joseph Marvin and
Ted Capra will seek reappointment.
An article was placed in the current Andover newsletter for those that were interested in serving
on the board and Anoka County had previously placed a public notice in the Anoka County
Union and Forest Lake Times. The City did not receive any interest from any Andover residents
to serve on the board.
ACTION REQUIRED
The City Council is requested to consider submitting a letter to the Anoka County Board of
Commissioners stating the City did not receive any interest from Andover residents to serve on
the board.
Respectfully submitted,
~~
~~
Attachments: Coon Creek Watershed District Letter & Map /
0
.
COUNTY OF ANOKA
OFFICE OF COUNTY ADMINISTRA nON
GOVERNMENT CENTER
2100 3RD AVENUE. ANOKA, MINNESOTA 55303-2265
(763) 323-5700
January 10,2008 .....
TERRY L. JOHNSON This letter was sent to the
County Administrator elected officials of Andover
The Honorable Mike Gamache
Mayor
City of Andover
2815 134th Avenue NW
Andover, MN 55304
RE: Coon Creek Watershed District Appointment
Dear Mayor Gamache:
0 In accordance with the provisions of Minn. Stat. S 103B.227, Anoka County in January 2008 will
publish notice that the terms will expire for managers on the Coon Creek Watershed District Board
of Managers. The notice publication requirement applies because Coon Creek Watershed District is
considered to be a watershed management organization. The published notice must state that
persons interested in being appointed may submit their names to the appointing authority, which is
the county board, for a watershed district appointment. For your information, a copy of the notice
which will be published is attached.
In appointing a manager to the Coon Creek Watershed District, Minn. Stat. S 103D.311 is also
applicable. This statute requires a county board to appoint a manager for a watershed district from a
list of persons nominated jointly or severally by the municipalities within the district if a list(s) is
submitted 60 days before the manager's term of office expires or to appoint a manager who resides
in a city that fails to submit a list. If there is a desire to jointly submit a list for the manager
appointment, you may wish to confer with affected cities and jointly submit the list. The cities with
tenitory located in the Coon Creek Watershed District are Andover, Blaine, Coon Rapids, Ham
Lake, and Columbus.
In order for names submitted to the county to be considered a list under the statutory definition, the
list must contain the names of at least three nominees eligible to be appointed. To be eligible for an
appointment, a nominee must reside within the watershed district boundaries, be a voting resident of
the district, and not be a public officer of the county, state, or federal government (except that a soil
and water conservation supervisor can be appointed). The county board may choose to appoint
0 someone who is not on a list if the person resides in a city which did not submit a list.
FAX: 763-323-5682 Affirmative Action / Equal Opportunity Employer TDDITTY: 763-323-5289
~ .
January 10,2008
Page 2
In making watershed appointments, there is an additional factor which is to be considered by a 0
county board. Minn. Stat. ~ 103D.311 requires watershed district managers to be appointed to fairly
represent the various hydro logic areas' within the watershed district by residence of the manager
appointed. The appointees whose terms will expire on May 27, 2008, are Joseph Marvin, who
resides in portion 4 of the Coon Creek Watershed District, and Ted Capra, who lives in portion 7 of
the Coon Creek Watershed District. The other managers live in portions 7 and 15. A map with the
location of current board members noted is being forwarded to the manager/clerk of Andover.
If you have any questions regarding this appointment process, you may contact Pam McCabe,
Assistant County Attorney, at 323-5667.
SZIY,
, rr;it~
Terry John n
Count Admi istrator
TJ:ts
Enclosures
cc: Municipality Manager/Clerk 0
Pam McCabe, Assistant County Attorney
Patsy Anundsen, Administration Office Manager
0
Coon Creek
Watershed District
4
2
ANDOVER
6
3
N
6 W+E
S
3&\
LEGEND
t:J COMMISSIONER DISTRICTS
- HYDROLOGIC AREAS
ANDOVER
BLAINE
COLUMBUS
COON RAPIDS
HAM LAKE
. .
0 NOT! CE IS HEREBY GIVEN pursuant to Minn. Stat. ~ 103B.227 and ~ 103D.311 that a vacancy
will occur on the Coon Creek Watershed District Board of Managers due to the expiration on May
27,2008, of the terms of Joseph Marvin and Ted Capra. Term of the appointment is forthree years.
Managers are eligible to be reappointed. Persons interested in being appointed to serve on the Coon
Creek Watershed District Board of Managers may submit their names for consideration to the Anoka
County Board of Commissioners, the appointing authority. Minn. Stat. ~ 103D.311 permits the
cities in the district to submit a list(s) of nominations to the county board. If a valid list(s) containing
at least three eligible nominees for a manager's position is submitted at least 60 days prior to the
expiration of the terms, the Anoka County Board of Commissioners is required to make
appointments either from the list(s) or to appoint a manager who resides in a city that fails to submit
a list. Since a list may be submitted, persons interested in being considered for appointment may
wish to contact their city to request to be included on a list of nominations. In the absence of a valid
list, the Anoka County Board of Commissioners may appoint any voting resident of the Coon Creek
Watershed District who is not a public officer of the county, state or federal government.
0
~~~
PUBUSHIN: Anoka County Union, January 18,2008
Forest Lake Times, January 17, 2008
cc: Bobbie Koehler
Pam McCabe
Terry Johnson
Patsy Anundsen
0
C I T Y o F CID
0 NDOVE
1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and COWlcil Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule EDA meeting
DATE: March 18, 2008
INTRODUCTION
The COWlcil is requested to schedule an Economic Development Authority (EDA) meeting at
6:00 pm before the April 1, 2008 City COWlcil meeting.
DISCUSSION
0 Tentative agenda items for an EDA meeting have been identified as follows:
1. Architectural Reviews
2. Update on Area Identification Signs
3. Bunker Lake Boulevard Median Update
4. TIF District Cash Flow Update
5. Letter of Intent Review and Purchase Agreement Updates
6. Other Business
Other items may be added upon request, or the meeting will be cancelled if no new
information comes forward on the identified agenda items
ACTION REOUIRED
Schedule an EDA meeting at 6:00 pm before the April 1, 2008 City Council meeting.
0
@
0
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule April Council Workshop
DATE: March 18, 2008
INTRODUCTION
The Council is requested to schedule a Special Council Workshop for the month of April for a
number of miscellaneous business items.
DISCUSSION
0 Potential agenda items for an April workshop have been identified as follows:
1. Fire Department Update
2. 2008 CIP Progress Report
3. 2009 Budget Development Discussion
4. Building Maintenance Code Discussion
5. Assessment Policy Discussion
Other items may be added upon request.
ACTION REOUlRED
Schedule a Council Workshop, a suggested date is Tuesday April 22nd at 6:00 p.m. or another
date or time acceptable to the Council.
0
C I T Y 0 F @
0 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
FROM: Jim Dickinson, City Administrator
SUBJECT: Administrator's Report
DATE: March 18, 2008
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
0 4. Meeting reminders
5. Legislative Topics
6. 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.
'--
0
DATE March 18, 2008
I7('EMS'cSIVE-N, 7('0 7('HE~J!1Jf\/'~Ci)Wr~U~11E0
~ February 2008 Monthly Building Report
0
."..pI.lE"SE1j98jESSh;fMESEil(fE,I'J[$.ATTHIS:ME.Etilj(&~IRieul1fililiMll~~
, " ","', '.",..,' ,., "'..XifME..NSlt"tAGENDA.:..."'.... .,....,,',.'c...'.,
0 .1f'tfANKYOU.
G:ISTAFFIRHONDAAIAGENDAICC L1ST,doc
?1<<?J
3-- t}<()o
CITY OF ANDOVER
2008 Montbl v BnUdin!! Reoort ,
I I
I I
0 TO: Mayor and City Council
FROM: Don Olson
FEBRUARY
BUILDING PERMITS PermitJPlan
Tax Total Valuation
5 Residential $
15,368,69 $ , 638.00 $ 16,006,69 $ 1,276,000,00
Single Family 5 15,368.69
638,00 16,006,69 1,276,000,00
Septic ,
-
Townhome
- - - -
Additions
-
Garages
-
8 Basement Finishes
800,00 4,00 804.00 -
1 Commcrcial Building
530,06 ,10,00 540.06 20,000,00
- Pole B1dgsIBams
- - - - '
- Sheds
- - -
-
- Swimming Pools
- - - -
- Chimney/StovelFireplace
- - - -
5 Structural Changes
1,370,97 54,03 1,425,00 107,568,00
Porches
-
- Decks
- - -
-
- Gazebos
- - -
-
- Repair Fire Damage
- - -
-
100 Re-Roof
7,500,00 50,00 7,550,00
-
109 Siding
8,175,00 54,50 8,229.50
-
1 Other ,
388.45 12.40 400,85 24,800,00
4 Commercial Plumbing
534,52 10,25 544.77 19,850,00
0 Commercial Heating
- ' - -
2 Commercial Fire Sprinkler
1,946,78 ,47,19 1,993,97 94,390,00
- Commercial Utilities
- - - , -
- Commercial Grading
- - -
-
-
235 Total Building Pennits $ , 36,614.47
$ 880.37 $ 37,494,84 $ 1,542,608,00
,
PERMITS
PermitJPlan Tax Total Fees Collected
235 Building Penuits $
36,614.47 $ 880.37 $ 37,494.84
- Ag Building
- ' - -
- Curb Cut
- - -
Demolition I
- -
- Fire Pennits
- - -
- Footing
- . - -
- Renewal
- - -
- Moving
- - -
15 Heating
1,250,00 7,50 1,257,50
8 Gas Fireplaces
600,00 4,00 604.00
24 Plumbing
995,00 12,00 1,007.00
34 Pumping
510,00 - 510,00
- Septic New
- - -
- Septic Repair
- - -
5 Sewer Hook-Up
125,00 - 125,00
5 Water Meter
250.00 - 250.00
- Sewer Change OverlRepair
- - -
- Water Change Over
- - -
5 Sac Retalnage Fee
91.25 - 91.25
, 5 Sewer Admin, Fee
75,00 - 75,00
6 Certificate of Occupancy
60,00 - 60.00
5 License Verification Fee
25.00 - 25,00
- Reinspection Fee
- - -
9 Contractor License
450,00 ,- 450,00
1 Rental License I
112,50 - 112.50
- Health Authority
- - '-
- ,
-
357 TOTALS
$ 41,158,22 $ 903,87 $ 42,062,09 $ 1,542,608,00
Total Number of Homes YTD
2008 6
Total Number of Humes YTD
2007 25
Total Valuation YTDI I
2008 $ 2,063,593,39
, Total Valuation YTDI I
2007 $ , 4,883,521.00
Total Buildiog Department Revenue YTD
2008 $ 57,212,27
Total Building Department Revenue YTD'
2007 $ 95,396,19
0
.-2- jt;O<J CLC-
~~p~
March 18,2008
Mike Gamache, Mayor
Don Jacobson, Council Member
Mike Knight "
Ken Orttel "
Julie Trude "
City of Andover
1685 Crosstown Blvd NW
Andover, MN 55404
Re: Change in wording - Page 5, line 15, of March 4, 2008 Andover City
Council minutes.
When the city council reviews the minutes of the March 4, 2008 city council
meeting for approval tonight, I would ask that the council consider making a
change on page 5, line 15. The change requested is to change the wording
from: "Mr. Holasek a~reeded" to: "Mr. Holasek was in agreement with
keeping their property i.!!Jhe- same time frame as in the last comprehensive
plan."
The reason for this request is to clarify that I was in agreement to keeping
our property in the same time frame, but not that the dates in our letter were
off. They weren't. The 2005 - 2010 time frame listed in our letter was from
the Smith, Day and our request at the P & Z January 22, 2008 public
hearing, The 2010 -2015 time frame was from the P & Z commission's
recomandation at this public hearing.
The essence of our March 4, 2008 letter was that we wanted our property
kept in the same time frame as whatever time frame the city council
determined for the Smith & Day properties. This is because the Smith, Day
and our property are all contiguous to one another and currently in the same
time frame. Thank you for your consideration.
Sincerely,
uJ~' t/oP~
Winslow Holasek
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: Supplemental Agenda Item for March 18, 2008 City Council Meeting
DATE: March 18, 2008
The City Council is requested to receive the following supplemental information:
"Unapproved" Planning Commission Minutes of March II, 2008 (related to Items #7,
9, II, 12, 13 on the Agenda).
-
C I T Y o F
NDOVE
PLANNING AND ZONING COMMISSION MEETING - MARCH 11,2008
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on March 11, 2008, 7:00 p.m., at the Andover
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
CommissionerS present: Chairperson Daninger, Commissioners Michael Casey,
Valerie Holthus, Devon Walton, Douglas Falk and Dennis
Cleveland.
Commissioners absent: Tim Kirchoff.
Also present: Associate Planner, Andy Cross
Associate Planner, Chris Vrchota
Others
APPROVAL OF MINUTES.
February 12,2008
Motion by Casey, seconded by Falk. to aPprove the minutes as presented.. Motion carried
on a 6-ayes, O-nays, O-present, I-absent (Kirchofi) vote.
PUBLIC HEARING: CONDITIONAL USE PERMIT (08-03) TO ALLOW ON SALE
LIQUOR AT BEEF '0' BRADY'S FAMILY SPORTS PUB LOCATED AT 15190
BLUEBIRD ST. NW, #114, CLOCKTOWER COMMONS.
Mr. Vrchota stated the applicants are requesting a Conditional Use Permit (CUP) for on-
site liquor sales at a new restaurant in the Andover Clocktower Commons shopping
center.
Mr. Vrchota discussed the information with the Commission.
Motion by Casey, seconded by Walton. to open the public hearing at 7:03 p.m. Motion
carried on a 6-ayes, O-nays, O-present, I-absent (Kirchofi) vote.
Mr. Matt Zeece, 23644 Heather Street, 81. Francis, stated he was at the meeting for
questions.
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 11, 2008
Page 2
Commissioner Holthus asked where there are other franchise restaurants. Mr. Zeece
stated they are all over the United States but mostly in Florida. He explained there is also
one in Northfield and Waconia, Minnesota.
Chairperson Daninger stated the CUP is for the sale of beer and wine and maybe in the
future different alcohol and he wondered if they planned on having an outside dining area
with beer and wine. Mr. Zeece stated they were. Chairperson Daninger thought that
would be ok but would need to be contained so people would not come and go.
Mr. Tom Roberts, 6484 Pinnacle Drive, Eden Prairie, one of the property owners, stated
the patio is very important for the business's success. He wondered if the patio area will
need to come back for an approval after the plans are drawn up.
Mr. Roberts stated he wanted to know if there would be an issue with a patio, they would
like to get them resolved as soon as possible. Chairperson Daninger stated. . . if it was
there he would not have a problem with a CUP. He wanted to make sure they had the
information before a decision was made.
Commissioner Walton thought as it is conceptualized the location and proximity to the
building along with presentation from the street may be items that are taken into
consideration.
Motion by Walton; seconded by FaIk, to close the public hearing at 7:09 p.rn. Motion
carried on a 6-ayes, O-nays, O-present"I-absent (Kirchoff:) vote.
Motion by Walton, seconded by FaIk, to recommend to the City Council approval of
Resolution No. ---' for a Conditional, Use Permit subject to the conditions in the
attached resolution. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff:) vote.
Mr. Vrchota stated that this item would be before the Council at the March 18, 2008 City
Council meeting.
PUBliC HEARING: COMPREHENSIVE PLAN AMENDMENT (08-01) MUSA
EXPANSION AT METRO MOSQUITO CONTROL AT 1260 BUNKER LAKE BLJID.
NW.
Mr. Cross explained the applicant is requesting a Comprehensive Plan Amendment to
extend the Municipal Urban Service Boundary (MUSA) to include the Metropolitan
Mosquito Control District's property.
Mr. Cross discussed the staffreport with the Commission.
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 11, 2008
Page 3
Commissioner,FaIk asked if the City could make it a bigger area instead of a jog. Mr.
Cross stated if the City owned the property they could but it is owned by the County and
the City will accept the proposal as submitted.
Commissioner FaIk asked if this could expand in the future. Mr. Cross stated in the letter
it indicated there is a possibility.
Commissioner Casey asked if the forty acres around the Mosquito Control District would
develop further for some other facility for the County would there be enough sewer
capacity for expansion? Mr. Cross stated the City Engineer reviewed the plans just for
this parcel. He stated when they look at capacity they would look at residential density
and they probably would not see the problem with density as they do when they look at
residential expansion.
Commissioner Cleveland wondered what the facility will be used for. He wondered what
will be discharged into the sewer system. Mr. Cross noted this is currently on septic
system.
Motion by Casey, seconded by Cleveland, to open the public hearing at 7:18 p.m.
Motion carried on a 6-ayes, O-nays, O-present, I-absent (Kirchoff) vote.
Mr. Richard Gage, Gage Engineering, Inc., stated they are in the process of putting and
addition to the building and they are looking at ways to hook up to the sewer system and
abandon their septic system. He stated they store their vehicles in the building along with
any supplies needed. The existing septic system is inadequate for the addition they are
putting on and when they looked at expanding the septic system the City asked if it would
be possible for them to connect to the City sewer system so they have added that to their
plans. He stated they do not have any materials that go into the ground.
Motion by Falk, seconded by Casey, to close the public hearing at 7:21 p.m. Motion
carried on a 6-ayes, O-nays, O-present, I-absent (Kirchoff) vote.
Motion by Walton, seConded by Falk, to recommend approval of the Comprehensive
Plan Amendment to expand the urban service area to include the MMCD facility.
Motion carried on a 6-ayes, O-nays, O-present, I-absent (Kirchoff) vote.
Mr. Cross stated that this item would be before the Council at the March 18, 2008 City
Council meeting.
PUBLIC HEARING: CONDITIONAL USE PERMIT (08-02) TO ALLOW LINDER'S
FLOWER MART TO BE LOCATED AT FESTIVAL FOODS AT 2218 BUNKER
LAKE BLVD. NW.
Chairman Daninger stepped down from discussion because of conflict.
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 11, 2008
Page 4
Mr. Cross stated Linder's Greenhouse & Garden Center has come forward with a request
to locate a "Flower Mart" temporary greenhouse in the parking lot of Festival Foods in
Andover Station. The operation would run from April through July and require a
Conditional Use Permit
Mr. Cross discussed the staff report with the Commission.
Commissioner Walton wondered where they will be getting water from. Mr. Cross stated
they will be responsible for finding the water source. Commissioner Walton asked if the
water will be properly drained from the parking area Mr. Cross indicated that was
correct.
Commissioner Cleveland wondered where the electricity would come from. Mr. Cross
stated they will need to tap into the light pole for electricity. Commissioner Holthus
wondered who will pay for the electricity. Mr. Cross stated this will need to be worked
out with Linder's and Festival Foods.
Motion by Falk, seconded by Walton. to open the public hearing at 7:26 p.m. Motion
carried on as-ayes, O-nays, O-present, I-abstain (Daninger), I-absent (Kirchoff) vote.
Mr. Scott Usella, 1949 CatRliml Drive, Woodbmy, applicant was at the meeting to answer
questions
Commissioner Holthus asked why they chose to have a north/south orientation versus an
eastJwest orientation. Mr. Usella stated there is a center island in the parking lot that goes
from North to South which divides the Festival parking lot from the rest of the parking
area so they are going to position their building along that curb.
Commissioner Holthus wondered if the Linder's Flower Mart in Coon Rapids will close
or will it remain open. Mr. Usella stated it will stay open.
Commissioner Holthus asked if Linder's is working with Festival on a lease agreement
for electricity and water. Mr. Usella stated they have and there is already an electric
outlet in the parking lot where they will tap from and they will pay Festival for the
electricity and water.
Motion by Cleveland, seconded by Walton. to close the public hearing at 7:29 p.m.
Motion carried on as-ayes, O-nays, O-present, I-abstain (Daninger), I-absent (Kirchoff)
vote.
Motion by Walton. seconded by Falk, to recommend approval of the Conditional Use
Permit Motion carried on as-ayes, O-nays, O-present, I-abstain (Daninger), I-absent
(Kirchoff) vote.
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 11, 2008
Page 5
Mr. Cross stated that this item would be before the Council at the March 18, 2008 City
Council meeting.
WORKSHOP ITEMS:
Adding Daycare Centers as Conditional Use or Permitted Use in the Industrial Zoning
District
Mr. Vrchota explained the City Council was approached at their March 4, 2008 meeting
by a property owner to change the uses in the (I) Industrial Zoning District to' enable a
daycare center to be allowed in an existing office type building located in Hughes
Industrial Park. The property owner described this space as the best possible site to
accommodate an existing daycare center that has experienced an emergency need to
relocate. Apparently there was a fire in the shopping center where they were previously
located at County Road 22 and Round Lake Blvd The site they would like to occupy is
located at the northeast comer of 1 62Dd and Round Lake Blvd They selected this
location because they want to be as close as possible to where their daycare was
previously located. The building at this location is in an industrial zone. They would be
required to make appropriate changes to the building in order to meet the City, County
and State daycare requirements before they could occupy the space.
Commissioner Cleveland asked if this can be done in a reasonable amount of time to
include fire suppression as well as updating the septic. Mr. Vrchota indicated he did not
know how quickly someone could get a fire suppression system or septic system
designed and built.
Commissioner Walton thought it seemed like a difficult place to allow a daycare center in
a named industrial zoning district and knowing that a lot of these areas have heavy
vehicle traffi.c. He thought with having to meet other guidelines for a daycare it would
make for a safe installation regardless of approval.
Commissioner Holthus stated she met a planner from 8t. Louis Park recently and this
issue was brought up. It was told to her that 8t. Louis Park: was apprehensive about
allowing daycare centers in industrial zones but that situation had some unusual
circumstances like this one does and 8t. Louis Park decided to require a conditional use
in their industrial zone.
Mr. Vrchota stated he did have information from some other cities, which he reviewed
with the Commission, and he stated that 8t. Louis Park: calls theirs permitted with
conditions. He explained what that meant.
Ms. Amy BoIIl3.Il, 13098 Marmin Street, Coon Rapids, Owner, was at the meeting to
answer questions.
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 11, 2008
Page 6
Commissioner Holthus wondered if they were planning on moving back into the space
where they were previously located after it is fixed up. She asked if the industrial zone
would be a temporary site until the old site was fixed. Ms. Soman stated they are renting
space at the strip mall and her goal is to own and this location would be perfect to move
to.
Commissioner Holthus asked how many children do they have at the daycare. Ms.
Boman stated they are licensed for 62 and that is determined by the amount of square
footage, which is thirty-five square feet for every child so at this location they would be
permitted for the exact same number.
Commissioner Holthus asked how many employees they have. Ms. Boman stated it
depends on the number of children. Currently they have about eight but can go up to as
much as ten or twelve.
Ms. Boman noted there is ample parking at this site and there is a privacy fence to keep
the industrial park away from that building.
Commissioner Holthus asked who was occupying the building right now. Ms. Boman
stated it is currently divided into three suites and the :first two suites are vacant and then
there is an irrigation company there which is willing to vacate if they move in.
Ms. Boman indicated they have already had the State Building Inspector out there for
licensing, building inspection and :lire inspection. '
Commissioner Cleveland wondered if there is a requirement for an outside seasonal play
area. Ms. Boman stated there is a requirement for a playground but her State licenser will
give them a variance meaning they are not required to have one until further time for
whatever the variance is allotted because the ground is frozen. They have to have it
fenced for the State requirements.
Chairperson Daninger stated he was leaning toward a Conditional Use Permit but wanted
to find out more information.
Chairperson Daninger asked what the facility in Blaine was like. Ms. Boman indicated it
was located in an industrial park, which has five businesses in there.
Chairperson Daninger asked from a marketing tool if this would be an ideal spot for a
daycare center and would parents be attracted to this. Ms. Boman stated in looking at a
daycare center in general and what parents look at when choosing a center is they look
around their home area, the price and how convenient it is to drop their child off and pick
them up. She stated most families would be choosing them. for the location from their
home to the easy access to their commute and that is with all of her daycares and other
daycares that she knows.
, Regular Andover Planning and Zoning Commission Meeting
Minutes -March 11, 2008 ,
Page 7
Commissioner Cleveland asked if they are doing a CUP, will they want them to comply
with City Codes as far as landscaping and lighting. Mr. Vrchota stated they will want
that. It is part of the Hughes Industrial area and could qualify for the interim
performance standards. 1bis is also a significantly newer building than the other
buildings in the industrial park so it more than likely has fewer deficiencies than the other
buildings.
Commissioner Cleveland thought a CUP made more sense to him than anything else. He
stated he would rather not have it be a permitted use. Commissioner Walton thought it
made more sense and gives the City more control so that not every Industrial Park is open
to a permitted use, it is more conditional. He thought it made sense.
The Commission concurred that a Conditional Use Permit made sense to have in this
industrial park.
Chairperson Daninger stated he did not want to make this a precedent because normally
they have a public hearing for something like this and he wanted to continue that.
Commissioner Falk wondered if they had a business that came in with chemicals, would
that affect the daycare.' Mr. Vrchota stated he was not certain if chemicals were allowed
in their Industrial Zone but if it was a permitted use no restrictions would be placed on it
if a daycare center were there.
Mr. Vrchota stated that this item would be before the Council at the March 18, 2008 City
Council meeting for a public hearing.
OTHER BUSINESS.
Mr. Vrchota updated the Planning Commission on related items.
ADJOURNMENT.
Motion by Cleveland., seconded by Falk, to adjourn the meeting at 7:55 p.m. Motion
carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote.
Respectfully Submitted.,
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.