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HomeMy WebLinkAboutCC May 6, 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, May 6, 2008 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Anoka County Historical Society Presentation Agenda Approval 1. Approval of Minutes (4/22/08 Workshop; 4/15/08 Regular Meeting; 4/8/08 Board of Review; 4/15/08 Board of Review Continuation) Consent Items 2. Approve Payment of Claims - Finance 3, Award Bidl07 -4 7 !Railroad Quiet Zones/l 61 st Avenue NW - Engineering 4. Approve Resolution Accepting DonationINorth Metro Soccer Association - Engineering 5. Approve Rental Priority Policy - Community Center 6. Approve Requests for Quotes for Moving House/14905 Crosstown Blvd. NW - Planning 7. Approve Hold Harmless and Easement Encroachment Agreements Within the Bunker Lake Village 0 Development - Engineering Discussion Items 8. Consider Approval of Extension of Liquor LicenseIPov's Sports Bar - Clerk 9. Consider Conditional Use Permit for Verizon Wireless/13595 Hanson Boulevard NW - Planning 10. Consider Variance/Side Yard Setbackl2363 Veterans Memorial Boulevard - Planning 11. Consider VariancelMaximum Detached Accessory Structure Size/ 13500 Hidden Creek Drive - Planning 12. Consider Residential Sketch Plan for Planned Unit Development/ Southeast of the Intersection ofCSAH 9 and South Coon Creek Drive - Planning Staff Items 13. Administrator's Report - Administration Mayor/Council Input Adjournment 0 C I T Y o F @ NDOVE 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: Approval of Minutes DATE: May 6, 2008 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: April 22, 2008 Council Workshop 0 April 15,2008 Regular Meeting April 8, 2008 Board of Review The following minutes were provided by staff for Council approval: April 15,2008 Board of Review, Cont. DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, tl.L. U/L; 0 Vicki V olk City Clerk Attach: Minutes O~ 3 4 5 6 ANDOVER CITY COUNCIL WORKSHOP-APRIL 22,2008 7 MINUTES 8 9 10 A Workshop of the Andover City Council was called to order by Mayor Mike Gamache, April 22, 11 2008,6:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,Andover, Minnesota. 12 13 Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude 14 Councilmember absent: None 15 Also present: City Administrator Jim Dickinson 16 Community Development Director Will Neumeister 17 Director of Public Works/City Engineer, Dave Berkowitz 18 Fire Chief Dan Winkel 19 Others 20 21 22 FIRE DEPARTMENT UPDATE O;~ Fire CmefDan Winkel updated the Council on the Fire Department 2007 Annual Report. 25 26 Councilmember Orttel wondered how many members they are allowed. Chief Winkel stated 27 they are allowed fifty. 28 29 Councilmember Trude indicated it looks like in the last couple of years there has been a lot of of 30 turnover. Chief Winkel indicated they have approximately four or five a year. 31 32 Councilmember Orttel wondered what the difference is between an all call and primary call. 33 Chief Winkel stated primary call is one station closest to the residence or area in need and all call 34 is multiple stations. This happens during the daytime when they do not know how many 35 firefighters are in the City. 36 37 Councilmember Jacobson asked if Coon Rapids was involved in the Auto Aid. Chief Winkel 38 noted Coon Rapids did not want to participate in Auto Aid but is involved in Mutual Aid. It 39 would cost Coon Rapids too much money to respond to Auto Aid incidents but they will be on 40 call if needed. 41 42 Councilmember Trude wondered if Chief Winkel has analyzed their mutual aid responses 43 because she thought a lot of fire trucks have gone to other cities like Ham Lake to help out aJot. 044 Chief Winkel indicated he could look at the numbers and let the Council know. 45 46 Chief Winkel stated they started insurance invoicing in February 2008 and he wanted to get the 47 Council's input regarding this. Councilmember Orttel stated several states out east have 48 outlawed these for individuals and the same will probably come to Minnesota in the next year or 0 Regular Andover City Council Meeting Minutes - April 22, 2008 Page 2 1 so and he thought it might be a good idea to hold off on this until it is resolved here. 2 3 Councilmember Knight asked what the insurance companies' response is to this. Chief Winkel 4 stated they have not had an issue and have paid the invoices without question. 5 6 Councilmember Jacobson asked how much money they would get a year invoicing accidents and 7 is it worth it. Chief Winkel stated Spring Lake Park, Blaine, Mounds View Fire Department has 8 been doing this for a while and gets around $17,000 a year. 9 10 Chief Winkel asked what the Council would like the Fire Department to do regarding this. 11 Councilmember Jacobson thought they should not have them invoice anymore. Councilmember 12 Orttel thought they should put this on the next Consent agenda for actual action. 13 14 The Council consensus was to hold off on invoicing for accidents until the State has made a 15 decision. 16 17 Councilmember Jacobson asked if they have changed their criteria when hiring to hire more EMS 18 experience. Chief Winkel indicated they have. He reviewed the numbers with the Council. Q19 Chief Winkel reviewed the recap of calls for 2007 with the Council. 20 21 22 Councilmember Jacobson asked when Chief Winkel thought they would bring some full time 23 staffing to the City. Chief Winkel stated he would like to request it for the 2009 budget but did 24 not feel that would happen. He would like to start with some full time staffmg and to begin with 25 he would propose two people but in good faith he could not do that at this time. He noted the 26 Council should begin to think about this in the near future because eventually they will need to 27 hire some full time employees. 28 29 Chief Winkel noted they now have five part-time inspectors because of the grant they received. 30 31 Councilmember Jacobson asked how often they inspect public structures. Chief Winkel stated 32 they will inspect schools annually but most of the public buildings are close to three years if not a 33 little longer because they do not have the staff to do this. 34 35 Chief Winkel reviewed the Hughs Industrial Area Fire Inspection violations with the Council. 36 37 The 2008 Goals and Objectives for Fire Protection were reviewed. 38 39 The Council thought Chief Winkel should research the costs for a day duty crew so it is available 040 when the time is right. Councilmember Trude suggested a survey of the group be done to see ~1 what the interests are. 42 43 Chief Winkel reviewed the training with the Council. 44 0 Regular Andover City Council Meeting Minutes - April 22, 2008 Page 3 1 The Council discussed the replacement dates for vehicles and Chief Winkel suggested if the City 2 can pay cash for the next fire engine they should, at least for the chassis because they will save 3 five to ten percent of the cost. 4 5 The Council thought the report was a nice comprehensive one and thanked the Department for all 6 they have done for the City. 7 8 9 The Council took a five minute recess at 7:40 p.m. 10 11 The Council reconvened at 7:45 p.m. 12 13 14 BUILDING MAINTENANCE CODE DISCUSSION 15 16 Community Development Director Neumeister stated the City Council recently discussed 17 establishing a housing maintenance code for single-family residential units and wanted to further 18 discuss options that may be available. Q19 Mr. Neumeister reviewed the staff report with the Council. 20 21 22 Mr. Dickinson asked in 4-1-4 inspections and investigations, item b, did the Council still feel 23 comfortable the way it is written. Councilmember Trude thought everything the Council listed is 24 exterior. 25 . 26 Mr. Neumeister stated they wanted to propose this be stricken. Councilmember Trude thought 27 their tree inspector has that right now. Councilmember Orttel thought they should just list 28 exterior. Councilmember Trude thought they should talk to the City Attorney regarding this. 29 30 CouncilmemberJacobson stated on the bottom of page two it lists exterior building materials and 31 he thought this should state remodeling projects. He did not support entering a home. 32 Councilmember Trude agreed. 33 34 Councilmember Orttel thought this was what they wanted in the code. 35 36 37 ASSESSMENT POLICY DISCUSSION 38 39 Director of Public Works/City Engineer Berkowitz stated the City Council is requested to discuss o:~ the merits of updating the City's current assessment manual. 42 Mr. Berkowitz reviewed the information with the Council. 43 44 Councilmember Jacobson asked if they had a major problem with their assessment policy. Mr. 0 Regular Andover City Council Meeting Minutes - April 22, 2008 Page4 1 Berkowitz stated they do not but they are looking to bring it up to current standards. 2 3 Mr. Dickinson stated they should be looking at the entire policy instead of only one section. Mr. 4 Berkowitz felt it would take six months to go through and make changes to the policy. 5 6 Councilmember Trude stated they need to make sure they have a policy that can hold up in court 7 if needed. 8 9 The Council felt this should be started based on available staff time. 10 11 12 OPEN SPACE CORRIDOR SELECTION 13 14 Community Development Director Neumeister stated the Council and the Open Space 15 Commission discussed establishing corridors to help guide open space preservation efforts at the 16 joint work session in February. 17 18 Councilmember Jacobson asked for clarification on the verbiage in the bond. Councilmember ~~ Trude thought the reason they are establishing corridors is so they can meet the requirements of some grants. 21 22 Councilmember Orttel wondered why they need to determine corridors. Mr. Dickinson stated it 23 determines an area of focus to purchase properties in. Otherwise he did not know if had any real 24 true meaning in the community. 25 26 Staff reviewed the proposed corridors with the Council. 27 28 Councilmember Trude thought it would be better to keep the corridors informal because things 29 will probably change over time. She thought they were good maps to use for grants but if these 30 were formally used, developers might get nervous thinking they could not develop in these areas. 31 32 The Council so acknowledged, received and reviewed the corridor maps and authorized the use 33 of them for grant applications. 34 35 36 OTHER BUSINESS 37 38 . Comprehensive Plan Update 39 o:~ Community Development Director Neumeister stated they have received a couple of comments from neighboring cities. The Met Council was taking issue with how their plan was prepared using 42 population and density. 43 44 Mr. Neumeister reviewed the discussion with the Met Council regarding the Comprehensive Plan 0 Regular Andover City Council Meeting Minutes - April 22, 2008 Page 5 1 update with the Council. 2 3 Mr. Dickinson stated they will likely have to modify the tables in order to please the Met Council. 4 He thought they should footnote this so it is noted that they have the information if needed. 5 6 Mr. Neumeister stated the second issue is the growth staging. The Met Council stated that if they set 7 two properties back beyond 2020 the City will need to make the rest of the City three units per acre. 8 Some of the Council felt if this were to happen then to put the two areas back into green. 9 Councilmember Jacobson indicated he would like to keep this the way it is and challenge the Met 10 Council. 11 12 Councilmember Orttel stated they are using common sense so it is available in the future. He stated 13 they are taking into consideration the slow down in development. 14 15 . Haluptzok Issue 16 17 Community Development Director Neumeister stated Mr. Haluptzok wants City sewer on his 18 property and is asking indirectly if the City would be supportive of this. Mr. Dickinson stated this is 019 in the context of the development of the East Bethel Sewer Treatment Plant. He stated this would be 20 put in 2030 or beyond even if it is on the East Bethel area 21 22 Mayor Gamache asked how this affects the City. Mr. Neumeister stated the Met Council will 23 probably see if the City will look at urbanizing this area 24 25 Mayor Gamache stated they cannot do anything with the sewer coming from the south but he 26 wondered if enough property owners in that area are interested, they may want to look at this. 27 28 Councilmember Trude stated they need to look beyond the sewer and see how it will affect the entire 29 infrastructure. Mr. Neumeister stated they may want to wait until East Bethel submits their 30 Comprehensive Plan to the City for review to see how this is planned. 31 32 . Vandalism at Round Lake Boat Launch 33 34 Councilmember Knight stated he received a call from a resident regarding vandalism at the Round 35 Lake Boat Launch and he wondered if the City knew anything about that. He also stated that loons 36 are nesting on this lake and wondered if they could prohibit boating on the lake for an amount of 37 time. Mr. Dickinson stated they can have parking restrictions and limit the wake areas along with 38 noise but they cannot stop people from boating on the lake. 39 o:~ Mr. Berkowitz stated the sign prohibiting people from going to the island was removed but he did not know about any other vandalism. Mr. Dickinson stated he could see if there was anything legally 42 they can do. Mr. Berkowitz stated they can check with the DNR and let them know to see if they 43 want to do something. 44 0 Regular Andover City Council Meeting Minutes - April 22, 2008 Page 6 1 . Fox Meadows Park Update 2 3 City Administrator Dickinson stated they have received a number of phone calls regarding the Disc 4 Golf Course that was pulled. He explained to the Council what was discussed. He stated the County 5 is looking at a Disc Golf Course at Bunker Hills and there was only one resident that was upset and 6 would probably go to the City Council Resident Forum. 7 8 . Community Center in Coon Rapids and Field Usage for Community Education 9 10 Councilmember Orttel brought up that Coon Rapids is looking at building' a Community Center. 11 Staff discussed with the Council field usage at the High School and Community Education. 12 13 14 Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting 15 adjourned at 8:53 p.m. 16 17 Respectfully submitted, 18 019 Susan Osbeck, Recording Secretary 20 0 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 14 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 15, 2008 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ....................................................................................................... 1 RESIDENT FORUM .................................................................................................................... 1 ARBOR DA Y PROCLAMATION. .......... ..................................... ............ ..... ............ ......... ......... 1 AGENDA APPROV AL..........................................................:..................................................... 1 APPROV AL OF MINUTES... ............ ......... ................................. ........ ....... ......... ...... .................. 1 CONSENT ITEMS ......................;................................................................................................ 2 Approval of Claims................................................................................................................... 2 Award Quote/08-12/Sunshine Park/Irrigation Well ................................................................. 2 Resolution R029-08 awarding Bid/2008 Overlays (08-2A), Northglen Area & 08-2B, Grow Oak View Estates), 07-44 (7th Avenue Frontage Road Turn Around) & 08-11 (2008 Curb, Sidewalk & Pedestrian Ramp Repairs) ................................................................................ 2 Amend 2008 Fee Ordinance .............. ..................................................... ..... ......... ... ................. 2 Resolution R030-08 approving Resolution/Designating MSA Street ...................................... 2 Award Quote/04-55IPublic Works Expansion Phase II/Water Main to Sand Dump Station... 2 0 Resolution R031-08 adopting Resolution Changing Polling PlacelPrecinct #7....................... 2 Amend City Code 3-1B-9(A) Liquor Licensing ....................................................................... 2 Resolution R032-08 approving Preliminary Plat/Andover Station North 2nd Addition/13753 Ibis Street NW...................................................................................................................... 2 Resolution R033-08 approving Final Plat/Andover Station North 2nd Addition/13753 Ibis Street NW............................................................................................................................. 2 Resolution R034-08 approving Preliminary Plat/Andover Station North 3rd Addition/1730 139th Lane NW ......... ............ ................... ............................................. ................. ............... 2 Resolution R035-08 approving Final Plat/Andover Station North 3rd Addition/1730 139th Lane NW ................................................................................................................................. 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT................... 3 PUBLIC HEARINGNACATION OF EASEMENT/17277 TONTO STREETNW .................. 3 CONSIDER CITY CODE AMENDMENT/RESTAURANT PARKING REQUIREMENTS OF CITY CODE 12-13-8 ..... ............................................................................ ........ ...................... 3 CONSIDER CONDITIONAL USE PERMIT (08-04)/ON-SALE LIQUOR/13797 JAY STREET NW (R03 7-08) .........;................................................ ............................................................... 7 CONSIDER ON-SALE INTOXICATING LIQUOR LICENSE/13797 JAY STREET NW....... 8 CONSIDER REZONING (08-01)/INDUSTRIAL (I) TO GENERAL BUSINESS (GB) FOR PROPERTIES LOCATED AT 16125, 16157 & 16191 ROUND LAKE BOULEVARD, 3138, 3149, 3160 162N LANE NW & 3121 161 ST AVENUE NW ................................................ 10 ORDER ABATEMENT PROCESS/F AILED SEPTIC SYSTEM/ORDER QUOTES/2279 154TII 0 LANE NW (Res. R03 8-08) .................................................. ........ ......... ..... ................ ............ 11 APPOINT CABLE COMMISSION REPRESENTATIVE........................................................ 11 APPOINT FIRE RELIEF ASSOCIATION REPRESENTATNE............................................. 12 SCHEDULE MAY WORKSHOP ................ ................................................. ..... ..... ....... ............ 12 ADMINISTRATOR REPORT .................................;................................................................. 12 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 15 MA YOR/COUN CIL INPUT ...... ................................... .......... ............... .............. ............. ......... 12 Elected Officials Meeting. ........... .................................. .... ..... ......... .............................. ......... 12 0 0 O~ 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 15, 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, April 15, 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, Julie Trude 15 Councilmember absent: None 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 No one wished to address the Council. 29 30 31 ARBOR DAY PROCLAMATION 32 33 Mayor Gamache read the Arbor Day proclamation and proclaimed Friday, April 25, 2008 as Arbor 34 Day in Minnesota. 35 36 37 AGENDA APPROVAL 38 39 Add Arbor Day Proclamation. Add item 19A (Order Abatement ProcessIFailed Septic System/Order 40 Quotes/2279 154th Lane NW) to Discussion. 41 42 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion 43 carried unanimously. 044 45 46 APPROVAL OF MINUTES 47 48 March 25, 2008, Workshop Meeting: Correct as written. 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 2 I 2 Councilmember Trude stated on page 5, line 12 and 13, they were discussing the City Code. After 3 the word "structure", she wanted the rest of the sentence struck and "in cases where it presents a 4 public safety issue" inserted. 5 6 Motion by Trude, Seconded by Knight, approval of Minutes as indicated above. Motion carried 7 unanimously. 8 9 April 1, 2008, Regular Meeting: Correct as written. 10 11 Councilmember Trude stated on page 4, line 30, the sentence should read".. . Board of Appeal they 12 can have him talk about general in areas of the community." 13 14 Motion by Trude, Seconded by Orttel, approval of Minutes as indicated above. Motion carried 15 unanimously. 16 17 18 CONSENT ITEMS 019 Item 2 Approval of Claims 20 21 Item 3 Award Quote/08-12/Sunshine Park/Irrigation Well 22 Item 4 Award Bid/2008 Overlays (08-2A), Northglen Area & 08-2B, Grow Oak View 23 Estates), 07-44 (7th A venue Frontage Road TurnAround) & 08-11 (2008 Curb, 24 Sidewalk & Pedestrian Ramp Repairs) (See Resolution R027 -08) 25 Item 5 Amend 2008 Fee Ordinance (Ord. No. 367) 26 Item 6 Approve Resolution/Designating MSA Street (See Resolution R028-08) 27 Item 7 Award Quote/04-55/Public Works Expansion Phase II/Water Main to Sand Dump 28 Station 29 Item 8 Adopt Resolution Changing.Polling Place/Precinct #7 (See Resolution R029-08) 30 Item 9 Amend City Code 3-1B-9(A) Liquor Licensing (Ord. No. 368) 31 Item 10 Approve Preliminary Plat/Andover Station North 2nd Addition/13753 Ibis Street NW 32 (See Resolution R030-08) 33 Item 11 Approve Final Plat/Andover Station North 2nd Addition/13753 Ibis Street NW (See 34 Resolution R032-08) 35 Item 12 Approve Preliminary Plat/Andover Station North 3rd Addition/1730 139th Lane NW 36 (See Resolution R033-08) 37 Item 13 Approve Final Plat/Andover Station North 3rd Addition/l 730 139th Lane NW (See 38 Resolution R034-08) 39 040 Motion by Jacobson, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried 41 unanimously. 42 43 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 3 1 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT 2 3 Captain Tom Wells, Anoka County Sheriff's Department, provided an update on law enforcement 4 activities occurring within Andover. 5 6 Councilmember Jacobson asked if the law enforcement center was included in the Governor's 7 Bonding Bill that was passed. Captain Wells indicated it was. Mr. Dickinson stated the amount that 8 was approved was $3 million dollars with the rest being bonded by the County. 9 10 11 PUBLIC ,HEARINGIVACA TION OF EASEMENT/17277 TONTO STREET NW 12 13 Community Development Director Neumeister stated the applicant is seeking to vacate a portion of 14 an existing drainage and utility easement to allow an addition to the front of the existing house as 15 shown on the attached drawing. 16 17 Mr. Neumeister reviewed the staff report with the City Council. 18 019 Motion by Jacobson, Seconded by Knight, to open the public hearing at 7: 15 p.m. Motion carried 20 unanimously. 21 22 Daniel Gubbin and Mary Jo Gubbin, 17260 Roanoke Street, stated they are the executors of 17260 23 Roanoke Street. Mr. Gubbin understood the vacation of easement is a make or break point as to 24 whether a house could go back there. Mr. Berkowitz explained what the owner of the property is 25 requesting and indicated there would not be a house built on the property. 26 27 Motion by Orttel, Seconded by Knight, to close the public hearing at 7:18 p.m. Motion carried 28 unanimously. 29 30 Motion by Jacobson, Seconded by Orttel, to approve the proposed vacation of drainage and utility 31 easement. Motion carried unanimously. (Res. R035-08) 32 33 34 CONSIDER CITY CODE AMENDMENT/RESTAURANT PARKING REQUIREMENTS OF 35 CITY CODE 12-13-8 36 37 Community Development Director Neumeister stated the owners of the proposed "Moose & 38 Company Grill House" restaurant have submitted preliminary site plans. The plans show 60 39 fewer parking stalls on the site than is required by City Code. Under the current code, the o:~ developer will be asking for a variance to the parking requirements or will not be able to open the patio seating area. The sigDificant difference between the proposed number of parking stalls and 42 the number required by City Code led the City Council to direct staff to research the parking 43 requirements of other metro area cities. 44 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 4 1 Mr. Neumeister reviewed the information with the Council. 2 3 Councilmember Trude stated it shows forty square feet of dining and the eighty feet of kitchen ,4 area on the chart, but there is nothing indicated for the outside patio. She wondered if that would 5 be a dining area. Mr. Neumeister indicated that was correct. 6 7 Councilmember Trude asked what would be required in the current code for parking for the 8 restaurant. Mr. Neumeister stated it would need around one hundred parking stalls and the 9 outdoor patio area would need about sixty-two stalls. If they do not achieve the changes being 10 requested tonight, the applicants would not be allowed to have an outdoor patio seating area. An 11 option would be to either have a shared parking agreement with one of the surrounding property 12 owners. which is allowed in their current ordinance, or the Code would need to be changed. 13 14 Councilmember Knight stated some cities figure the parking stalls by the square footage and 15 some by the number of seats. Staff was proposing they figure the parking stalls by the number of 16 seats. He wondered how the number of seats are determined. Mr. Neumeister indicated the 17 applicant would normally have a design drawing which would be brought into the City and staff 18 would look at that to determine their seating requirements. 019 Councilmember Orttel thought they were going from the toughest standard to the easiest and he 20 21 did not want to be too easy. He asked what the total amount of stalls would be if they counted 22 seats. Councilmember Jacobson stated there would be ninety parking stalls. There was also 23 another concern because it states one for every employee on the largest shift and they do not 24 know what the largest shift will be. 25 26 Mr. Dickinson noted if the business is pushing maximum for the number of parking stalls on 27 their property, staffwould encourage the business to look for shared parking. Councilmember 28 Ortte1 wondered if the Code is used City wide, what happens to a business that does not have the 29 ability to have shared parking. Mr. Dickinson stated the Council would have to take a hard line 30 on that. 31 32 Councilmember Trude wondered if they should have a cross parking agreement before they jump 33 to this standard. As she looked at the plan, if they have a lot of people coming to the restaurant 34 sitting in booths, the plan will work. However, if they have a lot of areas where people are just 35 going to sit at a bar or stand, that is usually one person per car. She thought they needed 36 something more fluid to address a plan where there are mixed styles of seating or standing. 37 38 Councilmember Orttel wondered if parking is allowed on the street in that area. Mr. Neumeister 39 indicated it is not because the street is not wide enough. 040 41 Councilmember Jacobson stated under the present rules, the applicant would be required to have 42 162 parking stalls. Under the present rules, staff is stating the applicant is sixty stalls short. If 43 they apply the applicants' numbers where they indicate one spot per every three people, the 44 numbers change to ninety spaces. They will have to have plus one for every employee in the 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 5 1 biggest shift which only gives them twelve employees for the largest shift before they go over the 2 amount. He thought they would have more than twelve employees on their biggest shift. 3 4 Councilmember Knight stated there is a similar situation at Riverdale in Coon Rapids and the 5 restaurant is using the bank next door for parking along with other spaces within the 6 development. He did not want to see them get into that type of a situation. 7 8 Councilmember Trude thought they should wait on this code until they see if there are shared 9 parking easements available. 10 11 Mayor Gamache asked the applicants if they spoke with business owners in the area. Mr. Andy 12 Stoner indicated they did not. Mayor Gamache thought that once the pool store opens, the 13 majority of the time the restaurant is open would be when the pool store is closed. He thought 14 there could be shared parking there. 15 16 Councilmember Jacobson asked if the Council were to enact the proposal tonight and it is only 17 for new construction, what would happen if Someone moves into a restaurant or building that is 18 vacant. For example, he mentioned the buildings across from Festival and asked if the new 019 parking would apply to that. Mr. Neumeister indicated that area has a shared parking agreement 20 for the entire site and there is adequate parking. 21 22 Councilmember Jacobson asked if a restaurant is sold to someone else, would this apply to them. 23 Mr. Neumeister stated they would look at the overall shared parking agreement in the area and 24 calculate each of them to determine if the business is short on parking. 25 26 Councilmember Trude stated when this was previously discussed, they determined that they 27 should not have to over-build parking if there is parking in the vicinity and there is not an 28 argument about it. At this point, they do not know if overflow parking will be allowed. There 29 will not be signs up so she thought that was the change they need to send back for review. In 30 situations where overflow parking can be arranged with neighboring businesses, it will reduce 31 their code. She did not want to see more parking then they need and she would like to see more 32 green space; however, they do not want to impose someone,s business excess on others. 33 34 Mayor Gamache thought 162 parking stalls was too high for the business. Councilmember Orttel 35 agreed. Mayor Gamache stated the issue becomes reality when the business loses business when 36 people cannot fmd parking spaces. 37 38 Councilmember Orttel wondered when the busiest hours will be. Mr. Stoner stated their 39 projected busy times will be the dinner hours on Friday and Saturday. He stated they are looking 040 at twenty-four to twenty-six employees needed for their they will have in their largest shift. 41 42 The Council further discussed possible parking issues and solutions. 43 44 Mr. Stoner suggested making some of the parking stalls smaller along with removing some of the 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 6 1 green space to add parking stalls since they have more than enough green space. 2 3 Mayor Gamache thought they need to move forward on this item. He made some suggestions on 4 what could be done with the parking. 5 6 Mr. Neumeister stated his recommendation would be to work on a shared parking agreement 7 with the bank or possibly Blue Fin. If they cannot achieve this, he thought they should restrict the 8 patio seating until they have shown a demonstrated need for additional parking. 9 10 Councilmember Ortte1 stated they could do an action ordinance that states one stall per two and a 11 half seats plus staff, unless they have shared parking that allows them to reduce it accordingly. 12 13 Councilmember Jacobson stated if they enact what is being proposed, they drop about fifty-five 14 parking spots. He did not think that was adequate. IS 16 Councilmember Trude stated if they allowed one per three, they may get a few more parking 17 spaces. 18 019 The Council discussed with Mr. Neumeister and the applicant alternatives for parking and the 20 possible number of parking stalls that could be achieved. 21 22 Councilmember Jacobson thought they could approve the following verbiage. "One stall per 23 every three seats. If insufficient space is available provide for additional off site parking to meet 24 the requirement (shared parking)." He explained what he would like to have for the requirement 25 to the Council and staff. Councilmember Trude wondered if this would be enough parking 26 because it was less than what staff recommended. 27 28 Councilmember Orttel wondered if there could be on-street parking. Mr. Berkowitz stated the 29 street would be too narrow for on-street parking. 30 31 Motion by Jacobson to approve the ordinance as presented by staff changing the wording under 32 the parking spaces requiring the verbiage underlined in bold to be removed and in its place 33 inserted, "One stall for every three seats. If insufficient space is available, it needs to be provided 34 off site to meet the parking requirements (shared parking)". 35 36 Councilmember Trude wondered if the wording could be "This requirement can be met with 37 shared parking". Mr. Neumeister stated the current code allows that right now without adding 38 anything at all. He noted adding "one for three" would be something new. 39 040 Staff discussed with the Council issues with the proposed changes. 41 42 Motion failed for lack of a second. 43 44 Motion by Orttel, Seconded by Knight, to approve the proposed code amendment adding the 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 7 1 wording "one parking stall for every 2.5 seats in the restaurant". Motion carried 4 ayes, 1 nay 2 (Jacobson). (Ord. No. 369) 3 4 5 CONSIDER CONDITIONAL USE PERMIT (08-04)/ON-SALE LIQUOR/13797 JAY STREET 6 NW 7 8 Community Development Director Neumeister explained the applicants are requesting a 9 Conditional Use Permit (CUP) for on-site liquor sales at a new restaurant in Andover Station 10 North. 11 12 Mr. Neumeister reviewed the information with the Council. 13 14 Councilmember Trude wondered if the applicant would be willing to address a potential 15 condition of seventy percent of sales for food or something more than the fifty. Councilmember 16 Jacobson stated they already have fifty percent in the ordinance. Councilmember Trude noted 17 they can change it in a CUP. She stated there were concerns by people in the community with 18 regard to the number of businesses in the City with liquor licenses. 019 Councilmember Trude stated she wants to have something in the CUP indicating this will be 20 21 more of a family restaurant than a bar. She asked the City Attorney if they can change the 22 percentage to a higher amount in a CUP. City Attorney Baumgartner noted it states in Chapter 23 One of Liquor Contro1/Intoxicating Liquor, Section 3-1B-4E, it states, "no on-sale intoxicating 24 liquor or on-sale wine license shall be issued unless the applicant makes a bonafide estimation 25 that at least fifty percent of the gross receipts of an establishment during the first year of business 26 will be attributable to the sale of food. He stated MN Statutes 340A further set forth that cities 27 may require more stringent and strict regulations with respect to liquor enforcement than is set 28 forth in the Statute itself. This gives the City authority to go beyond what it states in 340A and 29 also by the language in the Code when it states, "at least fifty percent". This is the minimum, 30 which means the Council can go further and ask for more. 31 32 Councilmember Orttel asked if that would be on a selected basis or overall. City Attorney 33 Baumgartner stated it says "at least". The problem they run into on a selected basis is a 34 discriminatory enforcement issue. He thought it would depend upon a number of things. If it 35 was an establishment on the outskirts of town, they would not be as concerned about the food to 36 alcohol sales as they would close to the inner city. There might be justification for an inner city 37 establishment to have higher food sales to liquor sales ratio. 38 39 Mr. Andy Stoner discussed his business plan with the Council. He stated as far as the liquor d~ license wording, he would have two concerns. First, if they have businesses in the same area, similar businesses that do not have the same type of limits set for them in terms of competitive 42 nature, he could see how that would affect them. He stated their Performa projects and is based 43 upon industry averages. He stated they have put a considerable amount of thought into this and 44 their concept is based upon the whole restaurant concept that does need to sell on-sale liquor. He 0 Regular Andover City Council Meeting . Minutes - April 15, 2008 Page 8 1 stated his concern was with their possible sale of bottle of wine that would go with a dinner. 2 3 Councilmember Trude stated her concerns were connected with the initial naming of the 4 restaurant and the layout of the restaurant where the beer cooler is bigger than the food cooler 5 and the liquor storage turned into an office along with a bar in the middle of the restaurant with a 6 lot of seating around it. Also, the kitchen size compared to the alcohol preparation area causes 7 her to ask these questions. If their plan is more of a sports bar theme where people will be 8 drinking more alcohol, than these concerns can be addressed by saying they want to see more 9 than fifty percent in food receipts. They want another restaurant in the City; however, the only 10 way she can rely on the marketing plan is to put in a condition. They are opening an unknown 11 restaurant and the business plan can change based upon the clientele. 12 13 Mr. Stoner stated the size of the walk-in cooler is determined by geographics because they will 14 get beer deliveries once a week and need to stock up on it. They will be able to get food 15 deliveries daily so they will not need as much cooler or freezer space. He stated in the center of 16 the bar will be two cylinder type fIreplaces. 17 18 Mr. Stoner reviewed the floor plan of the restaurant with the Council. 019 Councilmember Jacobson asked ifPov's and Tanner's were currently operating under the fifty- 20 21 fifty ratio. Mr. Dickinson indicated they were. 22 23 Motion by Orttel, Seconded by Knight, to approve the Conditional Use Permit request for the 24 proposed restaurant. Motion carried unanimously. (Res. 036-08) 25 26 27 CONSIDER ON-SALE INTOXICATING LIQUOR LICENSE/13797 JAY STREET NW 28 29 City Administrator Dickinson stated MBG Holdings LLC has applied for an on-sale intoxicating 30 and Sunday liquor license for a grillhouse to be located at 13797 Jay Street NW. 31 32 Councilmember Trude asked if they could increase the liquor to food ratio in the liquor license. 33 34 Motion by Trude, Seconded by Jacobson, to approve the on-sale intoxicating liquor license for 35 MBG Holdings, LLC contingent upon receipt of a certificate of insurance and with a requirement 36 of food sales of sixty percent of gross. 37 38 Councilmember Jacobson stated he would be willing to make this requirement for one year and 39 then they could review it again. 040 III Councilmember Orttel stated he would not be in favor of this because it is discriminatory against 42 this business when there are other businesses in the area that have different standards. Mayor 43 Gamache indicated he would vote against this also. 44 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 9 1 Councilmember Trude stated because of the recent history of dealing with this business and the 2 name problems she would feel more comfortable adding this. 3 4 Councilmember Knight asked for the attorney's opinion on what is being said. 5 6 City Attorney Baumgartner stated you can do it but you run the risk of the appearance of some 7 impropriety based upon the rationale and treating establishments differently. 8 9 Councilmember Trude stated that because of the concern of the dance studio's owner and the 10 children coming and going from there, she wants to make sure this remains a family-oriented 11 business area. There is a desire in the community to get a family-oriented business and that is her 12 expectation. The applicants told her their pro forma is going to be 17% liquor sales, which is 13 more than double the liquor sales from their pro forma sales. She did not think it was a hardship 14 to them based upon what was represented to her. 15 16 Councilmember Orttel stated they re-approved Tanner's located next to a bowling alley and 17 theater where children are present and they did not bring it up. Councilmember Trude stated 18 their bar area is well defmed. 019 Councilmember Knight wondered how this restaurant will differs from Tanner's. City Attorney 20 21 Baumgartner thought it would be the floor plan and location. Other than that it probably would 22 not be different. Councilmember Trude stated the bar area in Tanner's is considerably smaller in 23 size compared to the dining area. 24 25 Councilmember Orttel stated another thing they need to understand is that the people that go into 26 the industrial areas do not have the authority to control other businesses that are coming into the 27 area. He thought they have to be very alert to that. He stated this is not the only business this 28 company wants to control. Mayor Gamache stated there was no doubt with the purchase of both 29 properties that this area was being saved for a restaurant and they never intended it to be an 30 Embers or Perkins type of restaurant. Councilmember Trude stated she had no objections to that 31 and hoped this business will be very successful; however, this was the only way she could put a 32 condition on there that they can look at in a year for review. She stated the percentage can 33 always be lowered to fifty percent, but will be hard to raise if issues arise. 34 35 Mayor Gamache thought the concerns were over exaggerated and they need to adhere to what 36 they are doing with other restaurants in the same area Councilmember Orttel agreed. 37 38 City Attorney Baumgartner explained to the Council that it is easier to lower the percentage after 39 a year than to raise it after a year. 040 <tl Mayor Gamache thought if they want to discuss changing the Code to a higher percentage they 42 can do that but it would be another matter. He did not feel that singling this business out is fair. 43 44 Motion failed 2 ayes and 3 nays (Gamache, Knight, Orttel). 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 10 1 2 Motion by Orttel, Seconded by Gamache, to approve the on-sale intoxicating liquor license for 3 MBG Holding, LLC contingent upon receipt ofa certificate of insurance. Motion carried 3 ayes, 4 2 nays (Jacobson, Trude). 5 6 Councilmember Knight wanted to explain his position on this because he agreed with the 60/40; 7 however, his concern was the same as the City Attorney's and hoped everyone uses their head. 8 9 10 CONSIDER REZONING (08-01)/INDUSTRIAL (I) TO GENERAL BUSINESS (GB) FOR 11 PROPERTIESLOCATEDAT 16125,16157 & 16191 ROUND LAKE BOULEVARD, 3138,3149, 12 3160 162N LANE NW & 3121161sT AVENUE NW 13 14 Community Development Director Neumeister explained Council has directed staff to rezone six 15 properties in the Hughs and Westview Industrial Parks from the Industrial (I) zoning district to 16 the General Business (GB) zoning district. 17 18 Motion by Jacobson, Seconded by Orttel, to approve the rezoning from Industrial (I) to General Q19 Business (GB) for all seven properties based on the fact that times and conditions have changed. 20 21 Mayor Gamache asked if the owner at 3138 was not in favor of this. Mr. Neumeister stated at 22 first he called and was a little in doubt of it but at the Planning Commission meeting he was in 23 favor. 24 25 Staff reviewed with the Council the different businesses and their opinions regarding the change. 26 27 Councilmember Trude stated the City Clerk indicated Hughs does not have an "e" in it. On the 28 back of the form there is the explanation for the rezoning but will not be in the ordinance so they 29 need to delete the paragraph above "adopted by the City Council". 30 31 Councilmember Trude stated the record establishes that the Council thinks the area has changed 32 a lot and the traffic justifies retail. It also fits the times and conditions since there is support by 33 the business community. She also thought this was a general overall upgrade to this area of the 34 City. 35 36 Motion carried unanimously. (Ord. No. 370) 37 38 Councilmember Jacobson stated as he was going through the list, there was one item that caught 39 his eye. It is a minor word change, "garages and storage structures for trash or garbage", which is O~ a permitted accessory use and is not what they mean. Garages are a permitted accessory use, but storage structures for trash or garbage really address where garbage cans are placed. When it is 42 listed in this manner a person could use a garage for storing trash. He wondered if they should 43 direct staff to make the appropriate word change to make it very clear. 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 11 1 2 3 ORDERABATEMENT PROCESS/F AILED SEPTIC SYSTEM/ORDER QUOTES/2279154TH 4 LANE NW 5 6 Mr. Neumeister stated the City Council is requested to receive the attached information related to 7 what has transpired over the past seven months and determine whether staff should move ahead 8 to abate the nuisance. The owner had a quote to do the work, but did not follow up with the 9 contractor who was willing to install the system last fall. The finances to pay the contractor fell 10 through so no work has been done. 11 12 Mr. Neumeister reviewed the information with the Council. 13 14 Mr. Dickinson stated one of the reasons for the delay was there was a contractor lined up and it 15 was going to get taken care of but at the last minute fell though. 16 17 Councilmember Trude asked if the property owner is not talking to the City, how will they know 18 how much will be assessed. Mr. Dickinson stated they will notify him and staff will come back 019 to the Council to do the [mal assessment. He stated this is considered an imminent threat and 20 that is why they are bringing it forward. 21 22 Councilmember Jacobson asked if this is the proper way to do this. City Attorney Baumgartner 23 stated it is and that the ordinance was followed. 24 25 Motion by Jacobson, Seconded by Orttel, to acknowledge the receipt of the attached information, 26 adopt the attached resolution confrrming that the Building Official will obtain three quotes for 27 the work that is needed to abate the nuisance, and assess the property for the cost to perform the 28 corrective work. Motion carried unanimously. (Res. R038-08) 29 30 31 APPOINT CABLE COMMISSION REPRESENTATIVE 32 33 City Administrator Dickinson explained with the impending retirement of City Clerk, Victoria 34 V olk, at the end of June, certain board appointments held by Victoria will need to be appointed. 35 To promote a smooth transition, he recommended that new individuals be appointed at this time. 36 37 Motion by Trude, Seconded by Knight, to appoint Councilmember Jacobson as the City of 38 Andover Representative to the Quad Cities Cable Commission effective June 1, 2008. 39 o:~ Councilmember Ortte1 wondered if there was any reason for having a staff member and Councilmember on the board rather than two Councilmembers. Mr. Dickinson indicated there 42 was not. 43 44 Motion carried unanimously. 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 12 1 2 3 APPOINT FIRE RELIEF ASSOCIATION REPRESENTATIVE 4 5 City Administrator Dickinson explained with the impending retirement of City Clerk, Victoria 6 V olk, at the end of June, certain board appointments held by Victoria will need to be appointed. 7 To promote a smooth transition, he recommended that new individuals be appointed at this time. 8 9 Motion by Orttel, Seconded by Knight, to appoint Lee Brezinka as the city staff representative to 10 the Andover Fire Relief Association Board effective June 1,2008. Motion carried unanimously. 11 12 13 SCHEDULE.MAY WORKSHOP 14 15 The Council is requested to schedule a Special Council Workshop meeting on Tuesday, May 27, 16 2008 at 6:00 p.m. 17 18 Councilmember Trude wondered if they could change this to a different date because it is the day Q19 right after Memorial Day. Mr. Dickinson indicated they could postpone this meeting until June 20 because there was no pressing business on the agenda 21 22 The Council decided to postpone the May meeting until June. 23 24 25 ADMINISTRATOR REPORT 26 27 City Administrator Dickinson updated the Council on the administration and City department 28 activities, meeting reminders, legislative topics, and miscellaneous projects. 29 30 Motion by Trude, Seconded by Gamache, to appoint Jim Dickinson to the Youth First Advisory 31 Board for the City of Andover. Motion carried unanimously. 32 33 City Engineer Berkowitz updated the Council on road improvements projects in the City. 34 35 Community Development Director Neumeister updated the Council on development activity in 36 the City. 37 38 39 .MAYOR/COUNCIL INPUT o:~ (Elected Officials Meeting) - Councilmember Jacobson stated he received a notice that there is 42 an Elected Officials Meeting on April 30th. Mr. Dickinson indicated he will post this as a 43 meeting. 44 0 Regular Andover City Council Meeting Minutes - April 15, 2008 Page 13 1 2 Motion by Knight, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting 3 adjourned at 9:30 p.m. 4 5 Respectfully submitted, 6 7 Susan Osbeck, Recording Secretary 0 0 O~ 3 4 BOARD OF REVIEW 5 APRIL 8,2008 - MINUTES 6 7 8 The Annual Board of Review was called to order by Mayor Mike Gamache at 7:00 p.m., 9 Wednesday, April 8, 2008 at the Andover City Hall, 1685 Crosstown Boulevard NW, 10 Andover, Minnesota. 11 12 Council Members Present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude (arrived at 13 7:05 p.m.) 14 Council Members Absent: None 15 Also Present: Jason Dagastino, Anoka County Residential Assessor 16 John Leone, Anoka County Commercial Assessor 17 Sue Droubie, Anoka County Residential Appraiser 18 19 20 Mr. Dagastino noted that he received 168 calls this year. The majority of the questions were 21 about valuations. In 2006 there were 268 sales in the City with an average sale price of $268,000 22 and in 2007 the average sales price was $291,100. The assessed valuations were down 3.61 %. a~ The Assessor's Office is only allowed to use sales from October 1,2006 through September 30, 2007. 25 26 Mayor Gamache stated the purpose of the meeting is to make appeals of property values for the 27 year 2009. 28 29 Mr. Dagastino reviewed the process for appeals with the residents. 30 31 Councilmember Trude stated in a state of declining sales, a person can bring forward comparable 32 sales for discussion of values. 33 34 16025 Eagle Street NW - (14-32-24-32-0063) 35 36 Mr. Richard Ness thought his home was over valued. He stated his biggest jump went from 37 2006 to 2007. He did not think at any time his house was valued at $294,000. He indicated 38 there were no special upgrades to the home. He stated the 2009 value was $285,300. Mr. 39 Dagastino explained the indicated value was $300,000 based upon similar sales. 40 41 Mr. Ness showed the Council a comparable for sales brochure for 15923 Crane Street. He stated 42 this is not a high end cul-de-sac. 43 44 Councilmember Trude discussed with the assessors the training she went through with the State d~ regarding recent home sales. Councilmember Ortte1 asked what happens when the true value of homes has gone down. If it is recent, are they allowed to take that into account? 0; Mr. Ness stated the values have dropped since a May 2007 comparable sale. It appears he got hit 3 for the lower level of his home, both in 2006 and 2007. 4 5 Councilmember Orttel stated the assessor arrives at the sales price and then the price per square 6 foot. Mr. Dagastino stated he has pulled the most common comparabl~s to Mr. Ness's home to 7 come up with the value. 8 9 Mr. Dagastino stated Mr. Ness purchased the property in 2004 for $250,000 and his value went 10 from $279,000 in 2004-2005 to $286,000 in 2005-2006 (when the basement was fmished). It 11 then went to $294,000 in 2006-2007 (based on the market) and back down to $285,000 this year. 12 13 Councilmember Trude thought comparable #3 was the closest to this home. Mr. Dagastino 14 stated comparable #3 had the 3 season porch, which is included in the GLA. 15 16 Mayor Gamache thought the main concern was when his value went up to $294,000. 17 Councilmember Trude stated in 2009 his value will be down. 18 19 Mr. Ness thought this year his value should be $277,000 and not $285,000. ,Mayor Gamache 20 thought ifhis property value did not go up to $294,000 this year, he would probably be at 21 $285,000 this year. 22 G~ Mr. Ness wondered if there were any homes comparable to his in the neighborhood. Mr. Dagastino explained that it is hard to find a one bedroom home comparable in any neighborhood. 25 26 Motion by Jacobson, Seconded by Orttel, to concur with the valuation of $285,300 based on the 27 assessment made by the Anoka County Assessor Office. Motion carried unanimously. 28 29 15035 Uplander Street NW - (22-32-24-33-0052) 30 31 Mr. Tom Rooney indicated he was at the meeting because he did not feel his home was valued 32 correctly. He stated he placed his home for sale at $400,000 and took it off the market a month 33 later. He reviewed some appraisals given to him by a realtor with the Council and stated they 34 have used the Department of Revenue methodology. The appraisal numbers have been between 35 October 1,2006 and September 30,2007 and the search criteria used was based on that criteria. 36 They used five different home values with adjustments, which averaged $374,900. He noted that 37 market comparables were active homes, which should not be considered in this analysis. 38 39 The Council discussed with Mr. Rooney and Mr. Dagastino the comparables that were used for 40 the appraisal for value. 41 42 Motion by Trude, Seconded by Orttel, to hold Mr. Rooney's parcel over until the reconvened 43 meeting on April 15, 2008. Motion carried unanimously. 44 O~ Mayor Gamache left the meeting at 8:00 p.m. O~ 1902 135th Avenue NW - (34-32-24-43-0119) 3 Marlin & Patricia Schmidt, 1902 135th Avenue NW. 4 5 Mr. Dagastino stated they are going to look at the properties in that area because they have only 6 had one sale. The others were bank owned. 7 8 Motion by Jacobson, Seconded by Trude, to hold Mr. Schmidt's parcel over until the reconvened 9 meeting on April 15, 2008. Motion carried unanimously. 10 11 Holasek Properties - (R23-32-24-31-0025. 0026. 32-0006. 33-0002. 34-0052. 41-0001. 42-0002. 12 42-0003.43-0001.43-0002.44-0001.31-0001.32-0001.33-0001.34-0001.43-0001.12-0001. 13 13-0001. 21-0002. 24-0002) 14 15 Mr. Winslow Holasek read a letter to the Council indicating his concern over the values of his 16 properties. 17 18 Mr. Dagastino indicated they will review these parcels. 19 20 Motion by Jacobson, Seconded by Knight, to hold Mr. Holasek's parcel over to the reconvened 21 meeting on April 15, 2008. Motion carried unanimously. 22 ~~ Louise B. Annanson - (17-32-24-24-0004) 25 Mr. Jim Neilson stated this is an unbuildable vacant triangle parcel. He has talked to Mr. 26 Dagastino and this parcel will be reviewed again. 27 28 Motion by Jacobson, Seconded by Knight, to hold this parcel over to the reconvened meeting on 29 April 15, 2008. Motion carried unanimously. 30 31 Mr. Neilson - (13-32-25-44-0028) 32 33 Mr. Neilson stated he is not asking for anything specific regarding the valuation from the City, 34 but to come to them with his thoughts on the process. He has been involved in litigation matters 35 on tax appeals and land values. It is his understanding that the law is the value of this property as 36 of January 2, 2008 and anything up until 112/2008 can be used for this value. He never heard of 37 the State telling anyone you cannot use anything after January 2, 2008. 38 39 Mr. Neilson stated in 2001 this property's value went up $23,300, which was an increase of 40 6.1413%. The next year it went up $44,900, which was an increase of 11.15%. In 2003 the 41 value went down $5,200, which was a decrease of 1.11618%. In 2004 the value went up 42 $26,200 for an increase of 5.9223%. In 2005 it went up $29,200, which was an increase of 43 6.2314%, and in 2006 it went up $34,400, which was an increase of 6.9104%. In 2007 it went 44 up only $1,400, which was a slight increase of 0.2631 %. This year the value went down $4,300, o:~ which is a decrease of 0.8059%. The problem is that when the property goes up in value, the assessed values go up; however, when they come down the assessed value does not come down. O~ Councilmember Trude wondered if the reason was the lack of sales data. Mr. Neilson agreed 3 and indicated there were arguments that can be made. 4 5 Mr. Neilson stated the values decreased this year, but the local assessment was a lot less than it 6 probably should have been. He thought the Council should think about what is happening in the 7 market even though they cannot do anything about it. 8 9 Motion by Jacobson, Seconded by Knight, that the classification for this particular parcel will 10 remain as proposed. Motion carried unanimously. 11 12 Motion by Jacobson, Seconded by Knight to schedule the reconvened meeting to April 15, 2008 13 at 6:45 p.m. with the Council meeting following thereafter. Motion carried unanimously. 14 15 The Council thanked Mr. Dagastino for doing a good job for the residents. 16 17 Mr. Holasek stated the County switched to a new computer program in 2004 and he wondered 18 why the County switched. Mr. John Leone stated the company that made the program was not 19 going to support the old system anymore so they had to switch. Mr. Holasek asked what other 20 Counties have done. Mr. Dagastino stated they may have different systems. Anoka County 21 upgraded their system because the program they had was old and no longer supported. 22 a~ Motion by Jacobson, seconded by Knight to continue the Board of Review meeting to April 15, 2008. Motion carried unanimously. 25 26 The meeting adjourned at 8:40 p.m. 27 28 Respectfully submitted, 29 30 31 Susan Osbeck 32 TimeSaver Off Site Secretarial, Inc. 33 34 . 0 0 BOARD OF REVIEW CONTINUATION April 15, 2008 - Minutes The Board of Review continuation was called to order by Mayor Mike Gamache at 6:45 P.M., Tuesday, April 15, 2008 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmembers absent: None Also Present: Jim Dickinson, City Administrator Jason Dagastino, County Assessor Others 16025 Eagle Street NW. PIN 14-32-24-32-0063 0 Mr. Dagastino rioted that their value was affirmed. 15035 Uplander Street NW. PIN 22-32-24-33-0052 Motion by Jacobson, seconded by Trude to accept the assessor's valuation. Motion carried. 1902 -135th Avenue NW. PIN 34-32-24-43-0119 Mr. Dagastino noted that he lowered the value of the property from $282,500 to $254.900. Motion by Jacobson, seconded by Orttel that we accept the assessor's valuation. Motion carried Winslow Holasek Properties Mr. Holasek requested additional time so he could pursue this at the county level. Motion by Orttel, seconded by Knight to allow Mr. Holasek time to appear before the County Board of Appeals. Motion carried. 0 0 Board of Review Continuation April 15, 2008 - Minutes Page 2 Parcel 17-32-24-24-0004 Mr. Dagastino noted this is an unbuildable piece of property and he lowered the value to $2,000.00 from $4,300. He also abated the 2008, 2007 and 2006 taxes Motion by Knight, seconded by Jacobson to accept the Assessor's recommendation. Motion carried. Motion by Knight, seconded by Jacobson to adjourn. Motion carried. Meeting adjourned at 6:56 p.m. Respectfully submitted, Vicki V olk 0 City Clerk 0 @ 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: May 6, 2008 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $125,648.33 on disbursement edit lists #1 - 5 from 04/17/08 to 05/01/08 have been issued and released. 0 Claims totaling $195,567.05 on disbursement edit list #6 dated 05/06/08 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 proj ects. ACTION REQUIRED The Andover City Council is requested to approve total claims in the amount of$321,215.38. 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II) .... 000 .g"<t"<t"<t 0 0000 0 U U 0 ~ .5 Q "O<"l 1::000 'g "0000000 "00 I ;;. 5- 1::000 5"<t <U = 11)000000 II) 11)000 ~ ~~ >~ >000 > >~ .... "<t"<t"<t ><"l<"l<"l @ 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, City Engineer SUBJECT: Award Bid/07-47/Railroad Quiet Zones/161st AvenueNW - Engineering DATE: May 5, 2008 INTRODUCTION The City Council is requested to receive bids and award the contract for Project 07-47, Railroad Quiet Zones at 161 st Avenue NW. DISCUSSION This project is identified in the City's 2008-2012 CIP. The project is scheduled to begin in mid to late May. 0 The bids received are as follows: Contractor Bid Amount Rum River Contracting Co. $67,485.90 North Valley, Inc. *$74,119.06 W.B. Miller, Inc. $81,139.00 Hardrlves, Inc. $81,699.50 Forest Lake Contracting, Inc. $85,362.00 Knife River Corp. $88,925.68 Engineer's Estimate $82,447.50 * Denotes Error in Bid (Correct values shown) BUDGET IMP ACT The total Railroad Quiet Zone project cost is estimated at $160,000 in the 2008-2012 CIP and shall be funded by utilizing previously allocated State Aid dollars. ACTION REQUIRED The City Council is requested to approve the resolution accepting bid and awarding the contract to Rum River Contracting Co. in the amount of $67,485.90 for Project 07-47, Railroad Quiet Zones at 161st Avenue NW. 0 Respectfully submitted, Q~O. David D. Berkowitz Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA 0 STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 07-47 FOR RAILROAD QUIET ZONES AT 161sT AVENUE NW. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 027-08 ,dated April 1, 2008, bids were received, opened and tabulated according to law with results as follows: Rum River Contracting Co. $67,485.90 North Valley, Inc. *$74,119.06 W.B. Miller, Inc. $81,139.00 * Denotes Error in Bid (Correct values shown) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River Contractino Co. as being the 0 apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River Contractina Co. in the amount of $67.485.90 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a reoular meeting this 6th day of Mav , 2008 , with Council members voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 Michael R. Gamache - Mayor Victoria Volk - City Clerk @ 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 or s/City Engineer ':!>D~ David D. Berkowitz, Director of Public FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Approve Resolution Accepting DonationINorth Metro Soccer Association - Engineering DATE: May 6, 2008 INTRODUCTION 0 This item is in regard to approving a resolution for a donation of $2,500 from the North Metro Soccer Association (NMSA) made to the City of Andover for improvements and restoration to fields that NMSA has used consistently for their program. DISCUSSION Attached is correspondence from Mark Miller, Field Director for NMSA, regarding the donation and the intended use. ACTION REQUESTED The City Council is requested to approve the resolution accepting the donation of $2,500 from the North Metro Soccer Association. Respectfully submitted, T~~ Attachments: Resolution(Copy of Chec(& E-Mail from Mark Miller ../ 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adqpt the following: A RESOLUTION ACCEPTING A DONATION MADE TO THE CITY OF ANDOVER TOWARD THE IMPROVEMENT AND RESTORATION TO FIELDS THAT HAVE BEEN CONSISTENTL Y USED BY THE NORTH METRO SOCCER ASSOCIATION THROUGHOUT THE CITY. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the $2,500 cash donation from the North Metro Soccer Association is for the improvement and restoration to fields throughout the City (Northwoods, Hawkridge, Oak Bluff, Fox Meadows, Forest Meadows, Pleasant Oaks and Rose Parks). 0 NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation, which is to be used towards the improvement and restoration of the above mentioned parks. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6th day of Mav , 2008 , with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor 0 . Victoria Volk - City Clerk o t. . ., ~....<fi.....-."~."''':~...... NOR... T.H........M...... ETRO.SOCCER ASSOCIATION 7':,741... .... ...9. .......5...........7~ },,;; 6~~~r ~~;:::ci'3-3494 ~~ / C).3/02f >, · ~ , ~ . ~................e:c:::> ~ - 5 . ~ ~ ~ ~ ~ _-j_<: _" - ..".. Sel;urityFeatures >. ~". II ~ '00.- ;:. _ .'.-. -,,- - W Details on Back. ~ ~}\\age Ba~ ~ .. ...~ TWO SIGNATURES REQUIRED " 3350 Bridge St, NW., Box 257 . .St Francis, Minnesota 55070 www.villagebankonfine.com ~ 8~~ M' [I: 0 l1 . l1 OS? ~ 51: . 0 0 . b. . II- l1 5 ? b ~~~; ANTIQUE - - " oA & o Page 1 of 1 0 Todd Haas From: Mark Miller [Marka.Miller@Comcast.net] Sent: Thursday, April 17, 2008 7:35 AM To: Dave Berkowitz; Todd Haas; Kevin Starr; Jeremy Johnson Cc: 'J ANDERSON'; 'Dan Masloski (E-mail)' Subject: City of Andover, Public Works Donation Hi, I will be presenting Andover Public Works with a Donation Check for $2,500 to be used for improvement and restoration to fields North Metro Soccer has consistently used for our Recreation Program. The fields which I would like improvement done above and beyond the normal budgeted maintenance are; . North Woods . Hawk Ridge . Oak Bluff . Fox Meadows . Forest Meadows . Pleasant Oaks 0 . Rose Park North Metro Soccer is always interested in supporting field longevity and restoration. These fields have been and will continue to be a key to North Metro Soccer Association being able to provide quality community soccer programs with the City of Andover. This donation and restoration opportunity has been made possible because of North Metro Soccer Association's partnership with the Andover High School Soccer Organizations. This spring/summer the Andover High School Soccer Organizations have made available enough green space from their program resources to support all practices and games for our South Youth Leagues, made up of more than 50 teams. 2007, many parents of youth in our recreation program expressed their extreme disappointment in the conditions of the fields we are able to use and asked for more action. This is one action which we are able to collaborate with the public works team to make a reality. These fields are key and will be required for the Fall Season which begins in August of 2008. Hopefully, the weather will cooperate with the good work which Kevin Starr and Jeremy Johnson provide. Regards, Mark Miller Field Director, North Metro Soccer Association 0 5/1/2008 C I T Y o 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 Councilmember's CC: Jim Dickinson, City Administrator FROM: Erick Sutherland - Recreational Facility SUBJECT; Approve Rental Priority Policy DATE: April 28, 2008 INTRODUCTION The Recreational Facility Manager and the Andover Community Center Advisory Commission have reviewed and made changes to the Rental Priority Policy. DISCUSSION 0 The Recreational Facility Manager and ACC Advisory Commission are recommending that the Council approve the new Rental Priority Policy. After having been open for a few year the Commission has been reviewing some policies that were written when the facility first opened to see if things needed to be changed based on what we now know. The changes to the policy will allow the Facility Manager more flexibility in scheduling the facility and also give credit to our current users positive past history in determining the priority in which they are scheduled. BUDGET IMPACT By maximizing the available hours for sale we will increase our rental income. ACTION REQUIRED The Andover City Council is requested to approve the Rental Priority Policy. Respectfully submitted, 0 Erick Sutherland DRAFT <ANDOVER~ Waiting for Council Approval Communi!f Cdnwr Andover Community Center Prioritization of Use for Facilities Due to the large number of organizations that request to use the Community Center facilities, it is necessary to establish a set of factors to be used in determining the allocation of facilities in order to best meet community needs. Process for Reauestin~ Facility Reservations The Andover Community Center Facility Manager will establish a priority use deadline each season for requesting facility use based on the priority questions listed below. Applications for facility reservations received after that date will be processed on a first come, first serve basis. The following questions will be considered when allocating multi-purpose rooms, the field house, and the ice arena for applications received by the priority use deadline. This list is not exhaustive and other factors may be considered as deemed necessary by the facility manager and advisory commission. . Is the event sponsored by the City? . Is the requesting group a non-profit 501@(3) organization? . Is the event a community-wide public service or activity? . Is the event sponsored by a school located in Andover or whose boundaries include Andover residents? . Is the event sponsored by other governmental units serving Andover residents? . Does the requesting group have a positive history in renting Andover Community Center facilities (particularly regarding timely payment of fees and lack of damage to facilities and equipment)? . Does the requesting group serve Andover residents and how many of its members are Andover 0 residents? . Is membership in the requesting group open to all Andover residents? . Does the requesting group have by-laws that ensure democratic procedures to gather input from resident members and that provide grievance procedure for members? . How many hours are being purchased for the year? . Is this a long-term agreement? Reauirement - Requesting group must produce a certificate of insurance naming the City of Andover as an additional insured. Appeals Process If any user group is unsatisfied with their scheduled hours they may elect to appeal their schedule at the next scheduled ACC Advisory Commission Meeting. Once both sides are heard, any changes to the schedule will be made promptly. Ice Arena/Field House Priority of Use - Types of Use An efficient balance of prime-time hours shall be allocated between skating lessons, figure skating, public skating and hockey in the ice arena, and between basketball, volleyball, soccer, and open gym times in the field house. Prime time hours are determined by the facilities manager and are available by contacting the Community Center. The following projected percentages are established as a non-binding guide for balancing prime time use of the ice arena and field house in any calendar year: Ice Arena Field House Activity % Time Activity % Time Youth Hockey 50% Youth Soorts 50% Hiah School Sports 25% HiQh School Soorts 25% 0 Public Skate 10% Open Gym 10% Skatina Lessons 10% Community Ed 10% Other Use 5% Other Use 5% 15200 Hanson Blvd. NW · Andover, MN 55304 Ph: 763-767-5100 · Fx: 763-755-2129 Website: www.cLandoveLmn.us. E-mail: accinfo@cLandoveLmn.us 5'\NDbVE~ C0 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-89 . WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director 411- FROM: Andy Cross, Associate Planner~ SUBJECT: Approve Request for Quotes for Moving House /14905 Crosstown Blvd NW - Planning DATE: May 6, 2008 INTRODUCTION Staff would like to solicit quotes from house moving companies to purchase and relocate the vacant house located at 14905 Crosstown Boulevard. 0 DISCUSSION In December of last year, the City purchased the house at 14905 Crosstown Boulevard. Instead of demolishing the house, staffhas opted to sell the house to a buyer who will move it off the property. The house is in good condition and interest has been shown by house moving companies in purchasing it. The single-car garage will likely be demolished as part of the project. When the house is gone, the property will be cleaned and the house foundation backfilled. ACTION REQUESTED The City Council is asked to approve the attached Request for Quotes. Respectfully submitted, ~Git Associate Planner Attachments Location Map 0 Request for Quotes 0 Quote Form For: Vacant House Purchase, Relocation, & Site Remediation 0 14905 Crosstown Boulevard NW Andover, Minnesota 0 City of Andover May 2008 QUOTE FORM 0 Due Wednesday, May 7,2008 at Noon April 21, 2008 Honorable Mayor and Members of the City Council City of Andover 1685 Crosstown Boulevard NW Andover, Minnesota 55304 SUBJECT: 14905 Crosstown Boulevard NW City of Andover, Minnesota Gentlemen, We are accepting quotes for the purchase and removal of the vacant house at 14905 Crosstown Boulevard NW, and also for the remediation of the site following removal. The City will cap the private well and remove the septic system, but costs for backfilling the basement and foundation should represent a portion of your quote for this project. 0 HOUSE REMOVAL & SITE REMEDIATION AT 14905 CROSSTOWN BLVD ITEM No. DESCRIPTION 1 Purchase and Relocate Existing House 2 Remove and dispose of existinQ foundation Backfill Existing Foundation to a Safe Condition 1. 4: 1 Side Slopes 3 2. Utilize backfill material on site Demolish Existing Detached Garage 4 1. Remove and properly dispose of debris and junk inside garage 4 Remove Existina Deck from Property . LUMP SUM TOTAL: I $ Proiect Descriotion The property at 14905 Crosstown Boulevard is to be vacated and annexed to the adjacent City Park. The existing house, garage, and deck must be removed. The foundation needs to be excavated and backfilled. All materials must be removed from the property and disposed of properly. No additional restoration work is required (trees, landscaping, etc). The City will cap the private well and remove the septic system at our own expense. Bidder must acquire all state, county, and city permits for moving the 0 structure. A Hazardous Materials survey has been completed on the property and will be made available. The project shall be completed by June 30, 2008. The contractor shall be licensed by the City, and it is 0 understood that it is the contractor's responsibility to fully examine the site prior to submitting a quote. The undersigned quoter also agrees to enter into a contract with the City within ten (10) days after the City's acceptance of this Proposal or any section or sections thereof, and further agrees to complete the entire work covered in the contract award within the time period designated by the City. In submitting this quote, it is understood that the City reserves all rights to reject any and all quotes, and it is understood that this quote may not be withdrawn within a period of sixty (60) days after the scheduled time for the receipt of quotes. (Individual; Partnership; Corporation) By: Address: Phone: (Quotes due by Noon. Friday, May 16, 2008 - Submit to Andy Cross at Andover City Hall, 1685 Crosstown Blvd, Andover, MN 55304) 0 0 CD '-a. ID ell i!):2: "0_ ~~ ~ -00 ~ @ o.~ .l!! (X) (/)m ~ .~ ~ g C3 (/) aa r--(X)N ~(/)<( II a..q-- UJ 13 ~:: >r: .. C<J)';:: OZ Cl '-NO-O::> Z -:-: ~ <( Zo W <n Ql " iJj <(U (!) cc..J m$- u; .. ) W "" ~ ~ u ~ ~ l'l;:2 ~ . -I ~ :<:C ~ ~ a. co ~O ~ :0 a.. u.. 3 (L co m 10 02 .~ ;12 ~fiiili].D :2:20(/)<(0 "j , ~ C".; .._.~ I i EJ" ffir: iI 1 i\.~ 1 114 ~ f=9 1 u" , ..........._..... ';;J ~'n. i . I ; I D' i tI,s i i ,i 'm;;~~ T.;~.: / 'lI . ill) iJ .~ . ',' 4-:~, .... ~ - : I "'! I j ~ f - if .......................!.. I n ". f'" . i m_.mm___....LL e. I.,m ,m,_"" , J J . ~ I 5 > )- 'u~ elf ..s~ ~i~ ~~~ -'L. . I 0 6) 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 Administrato David D. Berkowitz, Director ofPu rks/City Engineer ID"3> FROM: Kameron Kytonen, Natural Resources Technician SUBJECT: Approve Hold Harmless and Easement Encroachment Agreements Within the Bunker Lake Village Development - Engineering DATE: May 6, 2008 INTRODUCTION The City Council is requested to authorize the approval of hold harmless and easement encroachment agreements with several property owners amongst the Bunker Lake Village 0 development. DISCUSSION Several property owners within Bunker Lake Village have several improvements, including but not limited to fences, retaining walls and trees, which encroach into drainage and utility easements where burled storm sewer pipes are located. Typically the City does not allow these types of improvements in such easements due to.access requirements and maintenance needs. Staff has reviewed the situation closely, and has determined .that access will still be possible with these improvements in place. However, by entering into these hold harmless and easement encroachment agreements the property owners agree to cover all expenses due to damage and/or removal of improvements that are within the easements. The Developer of Bunker Lake Village (Hanson Builders), took the initiative to coordinate the signing of all the agreements, and acknowledged that a $100 fee shall be paid for each one before the County officially records them. ACTION REOUIRED The City Council is requested to approve the hold harmless and easement encroachment agreements with all the applicable property owners of Bunker Lake Village. 1Z:ubmi ~ 0 teron Kytone " Natural Resources Technician / Attachments: Hold Harmless and Easement Encroachment Agreement . ". 0 HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this 14th day of December, 2007, by and between Albert and Joan Platt, owners of said property noted below, and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, Albert and Joan Platt are the fee owners of 13998 Eagle Street NW (Lot 4, Block 2, CIC No. 173 Bunker Lake Village, PIN 35 3224220100), Andover, Anoka County, Minnesota; and WHEREAS, drainage and utility easements exist throughout the plat; and WHEREAS, Albert and Joan Platt understands that concrete patios, privacy fences, driveways, retaining walls, trees, shrubs and perennials and/or other improvements not mentioned (hereinafter "improvements") encroach into said drainage and utility easements; WHEREAS, the City is willing to acknowledge and agree to an encroachment 0 of the drainage and utility easement for said improvement assuming certain conditions are met; and WHEREAS, Albert and Joan Platt are aware the area is for drainage and utility purposes and may have a buried utility within the easements and acknowledges that access, maintenance, repair and/or replacement of the utility may be required in said easements resulting in removal of the improvement. NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement, Albert and Joan Platt hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Albert and Joan Platt or their successors in interest constructing and maintaining said improvements upon the utility easements of the City. Furthermore, the City not be held responsible for any damage to said improvements constructed on the City's easements if they are damaged or destroyed as a result of the City exercising its 0 rights to access, excavate, repair, construct or maintain any public improvements within said easements. City may require evidence of insurance from Albert and Joan Platt to cover the indemnification required herein. G:\STAFF\VICKI\HOLD HARMLESS AGREEMENT.doc IN WITNESS WHEREOF, the parties have hereunto set their hands this o \4\1j, day of DR U .A\1\ky~ ,2007. CITY OF ANDOVER, a Municipal Corporation By: Its: City Clerk By: Its: Mayor /1/ _.4-- /'/r:/ - ~~jY_~~~" I /~"'i, /C-." // -c L4 1 i I " \ f II' i tr, (/~ occupanr 'i I ~,/\ ('i' :, I,) ._-" l' 'l' t. I \ ' -,-. . ;,<., II ,.U!S' , '";,,. Occupant! ~ ; ! i STATE OF MINNESOTA ) / - ) ss. - COUNTY OF /) .- On this day of ' ._.n _ . 2007, before me, a notary public within and for said county, personally appeared for Victoria Volk and Michael R. O Gamache to me known to be respectively the Clerk and Mayor of the City of Andover, . and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public ,2007, before me, a notary public \ Notary Public This instrument was drafted by: City of Andover .' . '. 1685 Crosstown Blvd. NW MICHELLE D. McELDliiU~y Andover, MN 55304 NOTARYPUBUC-MINNESOTA My CommissioD Expires 1/31/2010 o G:\DA T A\ST AFF\RHONDAA\FORMS\HOLD HARMLESS AGREEMENT. doc , 0 HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this 10th day of December, 2007, by and between Tod and Julie Norgren, owners of said property noted below, and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, Tod and Julie Norgren are the fee owners of 13942 Eagle Street NW(Lot 7, Block 3, CIC No. 173 Bunker Lake Village, PIN 353224220078), Andover, Anoka County, Minnesota; and WHEREAS, drainage and utility easements exist throughout the plat; and WH~REAS, Tod and Julie Norgren understand that concrete patios, privacy fences, driveways, retaining walls, trees, shrubs and perennials and/or other improvements not mentioned (hereinafter "improvements") encroach into said drainage and utility easements; WHEREAS, the City is willing to acknowledge and agree to an encroachment 0 of the drainage and utility easement for said improvement assuming certain conditions are met; and WHEREAS, Tod and Julie Norgren are aware the area is for drainage and utility purposes and may have a buried utility within the easements and acknowledges that access, maintenance, repair and/or replacement of the utility may be required in said easements resulting in removal of the improvement. NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement,.Tod and Julie Norgren hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Tod and Julie Norgren or their successors in interest constructing and maintaining said improvements upon the utility easements of the City. Furthermore, the City not be held responsible for any damage to said improvements constructed on the City's easements if they are damaged or destroyed as a result of the City exercising its 0 rights to access, excavate, repair, construct or maintain any public improvements within said easements. City may require evidence of insurance from Tod and Julie Norgren to cover the indemnification required herein. G:\STAFF\VICKI\HOLD HARMLESS AGREEMENT.doc IN WITNESS WHEREOF, the parties have hereunto set their hands this 0 \ntt- day of ilU{;~.i f , 2007. CITY OF ANDOVER, a Municipal Corporation By: Its: City Clerk By: Its: Mayor /dA1i occupan~, . . l~ trle6-~ Occupant STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2007, before me, a notary public within and for said. county, personally appeared for Victoria Volk and Michael R. 0 Gamache to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ;t .. ) ss. COUNTY OF ~ On this I ~ ~ day of QUk",Ju/, 2007, before me, a notary public ~na~ or s~id unty, personally appeared for (occupant). This instrument was drafted by: City of Andover "'.-. 1685 Crosstown Blvd. NW ~'"f"" ,(iO'; fa M1CHElLED. McElDERRY Andover, MN 55304 . ...:~'.:~ NOTARY~-MINNESOTA , . ~ My CommissioD ExpIres lI3t1lO10 0 G:\DATA\STAFF\RHONDAA\FORMS\HOLD HARMLESS AGREEMENT. doc 0 HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this 14th day of March, 2008, by and between Barbara L. Follmer, owner of said property noted below, and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, Barbara L. Follmer are the fee owners of 14016 Eagle Street NW (Lot 10, Block 4, CIC No. 173 Bunker Lake Village, PIN 35 32 24 22 0070), Andover, Anoka County, Minnesota; and WHEREAS, drainage and utility easements exist throughout the plat; and WHEREAS, Barbara L. Follmer understand that concrete patios, privacy fences, driveways, retaining walls, trees, shrubs and perennials and/or other improvements not mentioned (hereinafter "improvements") encroach into said drainage and utility easements; WHEREAS, the City is willing to acknowledge and agree to an encroachment 0, " of the drainage and utility easement for said improvement assuming certain conditions are met; and WHEREAS, Barbara L. Follmer are aware the area is for drainage and utility purposes and may have a buried utility within the easements and acknowledges that access, maintenance, repair and/or replacement of the utility may be required in said easements resulting in removal of the improvement. NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement, Barbara L. Follmer hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Barbara L. Follmer or their successors in interest constructing and maintaining said improvements upon the utility easements of the City. Furthermore, the City not be held responsible for any damage to said improvements constructed on the City's easements if they are damaged or destroyed as a result of the City exercising its 0 rights to access, excavate, repair, construct or maintain any public improvements within said asements. City may require evidence of insurance from Barbara L. Follmer to cover the indemnification required herein. G:\STAFF\VICKI\HOLD HARMLESS AGREEMENT,doc IN WITNESS WHEREOF, the parties have hereunto set their hands this 0 day of ,2007. CITY OF ANDOVER, a Municipal Corporation By: Its: City Clerk By: Its: Mayor -I/h,~~ <fl~bA- ,~, o cupant (/ Occupant STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2007, before me, a notary public within and for said county, personally appeared for Victoria Volk and Michael R. 0 Gamache to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) , 200t before me, a notary public This instrument was drafted by: City of Andover ..'..'.... );.~,.~., 1685 Crosstown Blvd. NW e MICHElLE D. McEl.DEki<\' Andover, MN 55304 ;'.:. '<,;~ NOTARY PUBLIC-MINNESOTA . ; ;. My CommiWoD Expires 1/3112010 0 G:\DA T A\ST AFF\RHONDAA\FORMS\HOLD HARMLESS AGREEMENT. doc 0 HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this 28th day of December, 2007, by and between Mark & Lonna Espedal, owners of said property noted below, and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, Mark & Lonna Espedal are the fee owners of 13960 Eagle Street NW (Lot 4, Block 3, CIC No. 173 Bunker Lake Village, PIN 35 32 24 22 0075), Andover, Anoka County, Minnesota; and WHEREAS, drainage and utility easements exist throughout the plat; and WHEREAS, Mark & Lonna Espedal understand that concrete patios, privacy fences, driveways, retaining walls, trees, shrubs and perennials and/or other improvements not mentioned (hereinafter "improvements") encroach into said drainage and utility easements; WHEREAS, the City is willing to acknowledge and agree to an encroachment 0 of the drainage and utility easement for said improvement assuming certain conditions are met; and , WHEREAS, Mark & Lonna Espedal are aware the area is for drainage and utility purposes and may have a buried utility within the easements and acknowledges that access, maintenance, repair and/or replacement of the utility may be required in said easements resulting in removal of the improvement. NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement, Mark & Lonna Espedal hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Mark & Lonna Espedal or their successors in interest constructing and maintaining said improvements upon the utility easements of the City. Furthermore, the City not be held responsible for any damage to said improvements constructed on the City's easements if they are damaged or destroyed as a result of the City exercising its 0 rights to access, excavate, repair, construct or maintain any public improvements within said easements. City may require evidence of insurance from Mark & Lonna Espedal to cover the indemnification required herein. G:\STAFF\VICKI\HOLD HARMLESS AGREEMENT.doc IN WITNESS WHEREOF, the parties have hereunto set their hands this 0 aR day of\).efuvWY.l?( ,2007. CITY OF ANDOVER, a Municipal Corporation By: Its: City Clerk By: Its: Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of , 2007, before me, a notary public within and for said county, personally appeared for Victoria Volk and Michael R. 0 Gamache to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) rk- ) ss. COUNTY OF IlALtf'^) On this J..~.yk. day of b..tu~, 2007, before me, a notary public within and for said county, personally appeared for YhULL 4". LuttAJ.t t 5/J1.tUA (occupant). , This instrument was drafted by: City of Andover -" 1685 Crosstown Blvd. NW ~~ MICHELLE D. McELDEltity. Andover, Jv1N 55304 ~~~;;~'i;"- NOTARY PUBLIC-MINNEsOTA :;;.: '" '~-' lJo1 :id~' My Commission Expires 113112010 ,~,.."" 0 G:\DA T A\ST AFF\RHONDAA\FORMS\HOLD HARMLESS AGREEMENT. doc 0 HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this 1th day of December, 2007, by and between Shaun Zaudtke, owner of said property noted below, and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, Shaun Zaudtke is the fee owner of 14002 Eagle Street NW (Lot 5, Block 2, CIC No. 173 Bunker Lake Village, PIN 35 32 24 22 0101), Andover, Anoka County, Minnesota; and WHEREAS, drainage and utility easements exist throughout the plat; and WHEREAS, Shaun Zaudtke understand that concrete patios, privacy fences, driveways, retaining walls, trees, shrubs and perennials and/or other improvements not mentioned (hereinafter "improvements") encroach into said drainage and utility easements; WHEREAS, the City is willing to acknowledge and agree to an encroachment 0 of the drainage and utility easement for said improvement assuming certain conditions are met; and WHEREAS, Shaun Zaudtke is aware the area is for drainage and utility purposes and may have ~ buried utility within the easements and acknowledges that access, maintenance, repair and/or replacement of the utility may be required in said easements resulting in removal of the improvement. NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement, Shaun Zaudtke hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Shaun Zaudtke or their successors in interest constructing and maintaining said improvements upon the utility easements of the City. Furthermore, the City not be held responsible for any damage to said improvements constructed on the City's easements if they are damaged or destroyed as a result of the City exercising its rights to access, 0 excavate, repair, construct or maintain any public improvements within said easements. City may require evidence of insurance from Shaun Zaudtke to cover the indemnification required herein. G:\STAFF\VICKI\HOLD HARMLESS AGREEMENT.doc IN WITNESS WHEREOF, the parties have hereunto set their hands this 0 n day of fJ1.JJjMJru.{ ,2007. CITY OF ANDOVER, a Municipal Corporation By: Its: City Clerk By: Its: Mayor -- -"~':P'--.._-::;::::;?.~ .- ~ ~...__.. Occupant STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of ,2007, before me, a notary public within and for said county, personally appeared and to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they 0 executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ~ )ss. COUNTY OF Ml,t,p,' r7 ) On this. 11#- day of ~~ ,2006, before me, a notary public within and for said county, personally appeared for _ Shaun Zaudtke _(occupant). ~~A^/ This instrument was drafted by: City of Andover Notary Public . 0 This instrument is exempt from registration tax and recording fees under Section 386.77 of the Minnesota statutes. ~'~".....~ G:\DATA\STAFF\RHONDAA\FORMS\HOLD HARMLESS AGREEMENT.doc ~1"""-t:~ MICHELLE D. McELDEAA Y NOTARY PUBUC-MINNESOTA My Commission Expires 113112010 0 0 HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this 30th day of January, 2007, by and between Jeff and Shelley McCall, owners of said property noted below, and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, Jeff and Shelley McCall are the fee owners of 13952 Eagle Street NW (Lot 6, Block 3, CIC No. 173 Bunker Lake Village, PIN 35 3224220077), Andover, Anoka County, Minnesota; and WHEREAS, drainage and utility easements exist throughout the plat; and WHEREAS, Jeff and Shelley McCall understand that concrete patios, privacy \ fences, driveways, retaining walls, trees, shrubs and perennials and/or other improvements not mentioned (hereinafter "improvements") encroach into said drainage and utility easements; WHEREAS, the City is willing to acknowledge and agree to an encroachment 0 of the drainage and utility easement for said improvement assuming certain conditions are met; and WHEREAS, Jeff and Shelley McCall are aware the area is for drainage and utility purposes and may have a buried utility within the easements and acknowledges that access, maintenance, repair and/or replacement of the utility may be required in said easements resulting in removal of the improvement. NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment ontp the drainage and utility easement, Jeff and Shelley McCall hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Jeff and Shelley McCall or their successors in interest constructing and maintaining said improvements upon the utility easements of the City. Furthermore, the City not be held responsible for any damage to said improvements constructed on the City's easements if they are damaged or destroyed as a result of the City exercising its 0 rights to access, excavate, repair, construct or maintain any public improvements within said easements. City may require evidence of insurance from Jeff and Shelley McCall to cover the indemnification required herein. G:\STAFF\VICKI\HOLD HARMLESS AGREEMENT.doc IN WITNESS WHEREOF, the parties have hereunto set their hands this 0 day of ,2007. CITY OF ANDOVER, a Municipal Corporation By: Its: City Clerk By: Its: Mayor b ",fA e j j ~L/rI~ JJa 1.1 Occupant q#, 1"t-~ STATE OF MINNESOTA \ I ) ss. COUNTY OF \ I On this day of , 2007, before me, a notary public within and for said county, personally appeared and - to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they 0 executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this .:2l2 day of -:J(I/J~ ,.irfs~~efore me, a notary public within and for Aaid county ~rSOnallY appe ed for ( occu nt). -y-U ~L5 e/kf _ .' ROBIN R GUY Notary Public Minnesota This instrumcJ jQn J a r This instrument is exempt {l'om registration tax and recording fees under Section 386.77 of the Minnesota statutes. G:\DATA\STAFF\RHONDAA\FORMS\HOLD HARMU::SS AGREEMENT doc 0 0 HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this 13th day of December, 2007, by and between Mary Schmidt, owner of said property noted below, and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, Mary Schmidt is the fee owner of 13956 Eagle Street NW (Lot 5, Block 3, CIC No. 173 Bunker Lake Village, PIN 35 3224220076), Andover, Anoka County, Minnesota; and WHEREAS, drainage and utility easements exist throughout the plat; and WHEREAS, Mary Schmidt understand that concrete patios, privacy fences, driveways, retaining walls, trees, shrubs and perennials and/or other improvements not mentioned (hereinafter "improvements") encroach into said drainage and utility easements; WHEREAS, the City is willing to. acknowledge and agree to an encroachment 0 of the drainage and utility easement for said improvement assuming certain conditions are met; and WHEREAS, Mary Schmidt is aware the area is for drainage and utility purposes and may have a buried utility within the easements and acknowledges that access, maintenance, repair and/or replacement of the utility may be required in said easements resulting in removal of the improvement. NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement, Mary Schmidt hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Mary Schmidt or their successors in interest constructing and maintaining said improvements upon the utility easements of the City. Furthermore, the City not be held responsible for any damage to said improvements constructed on the City's easements if they are damaged or destroyed as a result of the City exercising its rights to access, 0 excavate, repair, construct or maintain any public improvements within said easements. City may require evidence of insurance from Mary Schmidt to cover the indemnification required herein. G:\STAFF\VICKI\HOLD HARMLESS AGREEMENT.doc 0 13 IN WITNESS WHEREOF, the parties have hereunto set their hands this day of ~~ 2007. CITY OF ANDOVER, a Municipal Corporation By: Its: City Clerk By: ~~r~ Occup STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this day of ,2007, before me, a notary public within and for said county, personally appeared and - to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they 0 executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) # )ss. COUNTY OF ~rz) On this I ~ ~ day of ~C&-~ , 2006, before me, a notary public within and for said county, personally appeared for _Mary Schmidt_(occupant). rb~)tu~/ Notary Public . () . This instrument was drafted by: City of Andover This instrument is exempt from registration tax and recording fees under Section 386.77 ofthe Minnesota statutes. G:\DATA\STAFF\RHONDAA\FORMSIHOLD HARMLESS AGREEMENT-doc ...,.- '.~l..""'-r.-_" e MIOlELLIlD. McELDEKRY eo eo' NOTARYPUBLIC-MINNESOTA . ,u;... My Commission Expires 1131/2010 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 City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Consider Approval/Extension of Liquor LicenseIPov's Sports Bar DATE: May 6, 2008 INTRODUCTION Brad Povlitzki, Pov's Sports Bar, has submitted a request for an extension of his liquor license. DISCUSSION 0 Pov's is planning to hold their outdoor music celebration July 18th and 19th, 2008 and would like Council to approve an extension of their liquor license to include their fully enclosed ball fields. They plan to provide security outside during the event. They would like the bands to play until midnight, which is not consistent with our ordinance. The noise ordinance prohibits noise after 10:00 p.m. Attached is a staff report from July 17, 2007 regarding Pov's. Staffhas received the police reports from the July 14,2007 concert regarding noise complaints. Four of the reports were complaints of the noise after 10:00 p.m. and one was asking ifPov's had an outdoor party permit. ACTION REOUlRED Council is requested to consider the request submitted by Pov's Sports Bar. Respectfully submitted, {LL,' ()~ Vicki V olk City Clerk 0 Attach: Letter from Pov's Cc: Kevin McGinn, 13865 Bluebird Street NW, Andover, MN 55304 Dear City Councll, Regarding Povs Annual outdoor concert. We are once again seeking your approval to hold our outdoor music celebration the weekend of July 18th & 19th, 2008. Weare asking for approval to extend our liquor license to include our folly enclosed softball fields, where there will be a stage pronding entertainment. As in the past we will pronde security and management outside during the event ending at midnight according to city ordinance. We thank you for your consideration. Sincerely, ~ ( BradPomtzki I 0 Owner 0 fC 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA.55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US REGULAR ANDOVER CITY COUNCIL MEETING - JULY 17~ 2007 MINUTES . The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, July 17,2001, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmember absent None Also present City Attorney, William Hawkins City Administrator, JlDl Dickinson City Engineer, Dave Berkowitz . Others fb PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. KevinMcGinn-13865 Bluebird StreetN.W., expressed a concem he has had over the past year regarding POVs Bar and the noise it emmlAtes into his neighborhood. He explained to the Council the actions he bas taken to try to get the noise to be lowered. ColDlcilmember Jacohs9n stated he was ((11 b going to bring this issue up at the meeting tonight. captain Jenkins stated there were 6 compla;n~ ~ II reJX!rted on Saturchty niehJ:.. He noted they did not have any other problems there. CoUDcilm~ber Jacobson stated the permit was only to allow liquor onto the ball fields. When they took that action, they talked extensively about the noise that happened in previous years and what . they needed to do this year. Mr. Oicldnsonstated in response to the Council discussion with Mr. Povlitzki regarding the measuring of sound, they did have one of their staff members at the intersection of 139th and Jay S1reet on Friday evening measuring the sound level. They recorded noise measurements a.fl'er 10:00 p.m. between 57 and 61 decibels~ What is allowed during that time is 50. to 55 decibels. Based on the different readings they rated as low as 42 decibels within one reading and as high as 70 dedbels within one reading within the halfhour time frame. The majority fell between 55 decibels and lower. He noted they took the average of all the readings, which made the average higher. fO Colincilmember Trude wondered how many feet this was from the property line. Mr. Dickinson stated it was the intersection that enters the Bruggeman property. Councilmember Jacobson asked if the six complaints were from the same or different phone numbers. Captain Jenkins indicated he could not get them the information at this time because he e Regular Andover City Council Meeting Minutes - July 17, 2007 Page 2 did not have the report with him. It was indicated by Mr. McGinn that he called two times. Captain Jenkins stated he was told the remainine calls were independent complaints. Councilmember Jacobson asked Captain Jenkins to get the complaint information to the City for their records iftbis comes up for review next year. Mayor Gamache explained the reason the decibels were measured from the location staff was at. . The City Council discussed the possible reasons the sound traveled further than normal and possible reasons for the complaints. Motion by Jacobson, seconded by Knight, to have Captain Jenkins bring forward complaint information to the City for their records and to have the Council discuss this further at a future workshop. Mayor Gamache sIaI<:d be would like to look at infurmaIion from other cities that have oulxloor J t;>'l'.'~(~ events and how they handle this problem. Councilmember Trude d':'lted they need to make sure Mr. , o\vJ" fO McGinn's address is on the list to receive notice when these types oftbinw; are on the agenda \lol (f'~~"l ~ ~ t' Motion carried lmanimously. \f.1 ~ -\ -( is L ( 0 'f". \-\ e 6~~ ~ fQO(~ ~ AGENDA APPROVAL Remove from Consent Items for discussion Items 5, (Approve Diseased Tree Policy). Motion by Knight, Seconded by Trude, to approve the Agenda as amended above. Motion carried lmanimously. . APPROVAL OF MINUTES June 14, 2007, Joint Meeting with Park Commission: Correct as written. 'Motion by Orttel, Seconded by Knight, approval of Minutes as indicated above. Motion carried 4 ayes, 1 present (Trude). July 3, 2007, Regular Meeting: Correct as written. to Motion by Jacobson, Seconded by Trude, approval of Minutes as indicated above. Motion carried 4 ayes, 1 present (Gamache). CONSENT ITEMS 'V rovld fj -\0 0 COJV\(~ 1 @ ,-fJ-07 VV'~ \ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN.US TO: City Council CC: Jim Dickinson, City Administrator Will Neumeister, Community Development DirectorC(/.J_ FROM: Andy Cross, Associate Planner SUBJECT: POV's Noise Violation - Planning DATE: July 17,2007 DISCUSSION POV's Sports Bar hosted a weekend outdoor concert event on Friday, July 13th. At the Council's 0 request, a City staff member performed a noise level inspection at the event to determine ifPOV's violated the City Code in regard to noise level. The City Code limits noise volume at 50 - 55 decibels after 10:00 pm in residential areas (see attachment). The inspection, located at 139th and Jay Street, recorded a noise measurement of 57 - 61 decibels. This means that POV's Sports Bar was in violation of the City's noise regulations. As a reference, attached is a document showing "Decibel Levels of Common Noise Sources." This may help to get an idea of the noise levels produced at POV's that night. ACTION REQUESTED Council is asked to provide direction on how to proceed. Respectfully submitted, /~~ Andy Cross Associate Planner o Attachments City Code 5-6-4 Noise Standards "Decibel Levels of Common Noise Sources" 0 b. Church bells, chimes or carillons, school bells, or emergency civil defense warning signals. c. Antitheft devices. d. Machines or devices for the production of sound on or in authorized emergency vehicles. 2. Noise created exclusively in the performance of emergency work to preserve the pub lic health, safety, or welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard shall be exempt from the provisions of this chapter for a period not to exceed twenty four (24) hours after the work is commenced. Persons responsible for such work shall inform the Zoning Administrator or other city employee of the need to initiate such work or, if the work is commenced during non-business hours of the city, at the beginning of business hours of the first business day thereafter. Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise. (Amended Ord. 230, 6-17-1997) 0 5-6-4: RECEIVING LAND USE STANDARDS: ~ A No person shall operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table 1 for the receiving land use category specified when measured at a point of normal human activity of the receiving land use. TABLE 1. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS Day Night (7:00 AM. -10:00 P.M.) (10:00 P.M. - 7:00 AM.) Land Use Districts L10 L50 L10 L50 @ Residential 65 60 55 50 Commercial 70 65 70 65 Industrial 80 75 80 75 B. These levels prescribed do not apply to noise originating on public streets and alleys, but such noise shall be subject to other applicable sections of this chapter. (Amended Ord. 230, 6-17-1997) 0 0 Most sounds are not pure tones but a mixture of tones of varying amplitude, frequency, and duration. The intensity of sound waves produce a sound pressure level, which is commonly measured in a unit called the Decibel. The decibel is a logarithmic measurement used to accommodate a numbering scheme that encompasses a large range of values. The logarithm is used because the human ear can detect sounds more than a million times quieter than a jet aircraft during take off. Sound Pressure Level = 20 Log] 0 (Measured Sound Pressure / Reference Pressure) Reference Pressure (prej) = 0.00002 Newton s / (metery Decibel = The ratio between two quantities that are proportional to power. The commonly used unit for measuring sound pressure levels. Decibel Levels of Common Noise Sources Many different properties affect the noise level of a specific source type. For example, three lawn mowers may have three different noise levels because of differences in each specific piece 0 of equipment Noise level also depends on the distance from the noise source and the attenuation of the surrounding environment Figure 1.3 provides a rough estimate of decibel levels of some common noise sources. Decibel Levels of Common Noise Sources ~ Sound Pressure Level ( dBA) Noise Source 140 ---------------------- Jet Engine (at 25 meters) 130 ------------------ Jet Aircraft (at 100 meters) 120 -------------------- Rock and Roll Concert 110 ---------------------- Pneumatic Chipper 100 ---------------- Jointer/Planer 90 -------------- Chainsaw 80 ------------------ Heavy Truck Traffic 70 ---------------- Business Office 60 ---------------------------------- Conversational Speech 50 ----------------------- Library 40 ---------------------------------- Bedroom 30 ---------------------------------- Secluded Woods 20 ---------------------------------- Whisper 0 Figure 1.3 o Manual Monitoring Data Sheet " I 90 I I A'i . /.;:t ..~: ~ ... At 7~ 7C ~ dBA I) 6S~ ~ o 6C . c,~ I Y .IV: ;;;:; - x IvlX -'"' . s-, . " '. 'd)',JIC .: ' '3'" ~" ,.' .)C ~ 1)< 5s~ " ~ , " lAX 'j ;~ L ~ " >;.:1 ~ )4. S; 'fIX X x'/y' J:\l IX /( V '< X X IY X ~ xXX ". yO' 1.(1 '1~.X X AI: IV ~ '-fj Li 1 I Y. '-4! .df1 Date ~J 13)~) Location ~ c; ~ A- \re. ~" j ttvl 5jyuJ- ~ /'i')",:f'-" -1"'. I I 1"-0.( '::> " ~'1 . .011" ( , - v':;)'-J o t~:;~;~ S~~~~~ 15 @ 0 .~NDbVE* 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers ~~ CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Directorttl~r- FROM: Andy Cross, Associate Planner ;lit SUBJECT: Consider Conditional User Permit for Verizon Wireless/13595 Hanson Blvd NW - Planning DATE: May 6, 2008 INTRODUCTION Verizon Wireless has applied for a Conditional Use Permit to locate a cellular phone antenna in Andover. 0 DISCUSSION Verizon Wireless would like to locate an antenna on the 300-foot communication tower on Anoka County's radio repair facility property near the intersection of Hanson and Bunker Lake Boulevard. The antenna array will be attached to the tower at 130 feet. Verizon is also proposing a350-square foot enclosed equipment shelter at the site (see attached drawings). Anoka County The tower is managed by the Central Communications Department at the Anoka County Government Center. They have signed the application and support the proposal. Verizon is currently working out a lease agreement with the County Commissioners. Applicable Ordinances Telecommunication antennas are a Conditional Use in Andover. Chapter 12-5-613 ofthe City Code provides the following criteria for the issuance of a Conditional Use Permit: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan.. 0 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 0 or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the comprehensive plan, the City Council may grant such permits. Staff has reviewed the proposed site plans and, while two items regarding paving and drainage needed to be addressed, it has the support of staff. Planning Commission Recommendation The Planning Commission voted unanimously to approve this CUP request. Their questions related to the capacity of the shelter and whether it can accommodate future users inside, and how much on-site traffic this antenna would generate. The applicant indicated the equipment building did not have space for additional users, though room existed on the property for additional equipment shelters. He added that Verizon would send maintenance crews to the site up to three times per month, generating a negligible amount of additional traffic on the site. ACTION REQUESTED The City Council is asked to approve this Conditional Use Permit request. Respectfully submitted, 0 ~~ Andy Cross Associate Planner Attachments Resolution Location Map Site Drawings Planning Commission Minutes (April 22, 2008) Cc: Jim Nelson, Buell Consulting, Inc., 122 East Golden Lake Lane, Circle Pines, MN 55014 0 -2-- 0 CITY OF ANDOVER COUNTYOFANOKA STATEOFNITNNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A CELLULAR TELEPHONE ANTENNA LOCATED 13595 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS: The Northwest Quarter of the Southwest Quarter of Section 35, Township 32, Range 24 Anoka County, Minnesota WHEREAS, Verizon Wireless has applied to install a telecommunication antenna on the existing radio tower on the subject property, 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 recorrimends to the City Council approval of the 0 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 Commission and approves the Conditional Use Permit for a telecommunication antenna, subject to the following conditions: 1) This Conditional Use Permit shall be null and void if a lease is not signed between the applicants and Anoka County. 2) The Conditional Use Permit shall require an approved site plan. 3) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14-6. 4) This Conditional Use Permit may be subject to an annual review. Adopted by the City Council of the City of Andover on this 6th day of May, 2008. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor 0 Victoria V olk, City Clerk -3- CD .. :v a. ,,"><U 0:2 -0..... 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NI .. -l 'l' iO: BI.OOUINGTON,MN6li43I ____ _ AI ~ ~ ill ~ ~ ANDOVER, MN 55304 (852)848-4700 _ 'ANDOV'E* @ 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 " Will Neumeister, Community Development Director wJ-. FROM: Courtney Bednarz, City Planne~ SUBJECT: Consider Variance to Side Yard Setback/2363 Veterans Memorial Boulevard - Planning DATE: May 6, 2008 INTRODUCTION The applicant is seeking to construct a new house on a comer lot closer to the side street than allowed by the City Code. DISCUSSION 0 City Code 12-3-5 provides the setback requirements for comer lots in the R-4, Single Family Urban Residential Zoning District. The setback is 35 feet from the property line unless the adjoining lot creates a backyard to backyard situation. In that case the setback is 25 feet. The reason for these setbacks is to allow structures on adjoining lots to have the same distance from the street. The setback is intended to protect views from being blocked and to establish a visual consistency through the neighborhood. Adjoining Lot In this case the house on the adjacent lot to the north fronts on the side street and does not create a backyard to backyard situation. As a result the required setback is 35 feet. Interestingly, the adjacent lot is a 2.5 acre lot as shown on the attached drawing. The lot is Zoned R-1 Single Family Rural Residential and has a 40 foot minimum setback. The house is actually located significantly further into the lot, with the attached garage the closest point to the property line at approximately 100 feet. It should also be noted that the lot is located outside of the Municipal Urban Service Area and is not planned to be served with sewer and water in the future. Property Owners Proposal The property owner would like to construct a new house on the lot with a 25 foot side yard setback. As shown on the attached drawing, the size of the proposed house is larger than can fit on the property in compliance with the 35 foot setback. The applicant provide the attached letter . to demonstrate hardship and discussed the following as potential findings with staff: 0 1. The required 35 foot setback will not achieve its intended purpose. The houses on the two adjoining lots will not be the same distance from the street. 0 2. The adjoining lot is 2.5 acres in size, the house is located more than 200 feet north of the shared property line and the intervening area is heavily wooded. Again, the intent of the 35 foot setback will not be achieved. 3. The side yard setback requirements of 25 and 35 feet are intended to coordinate structures on urban lots. This setback does not apply well to a situation where a urban comer lot is adjacent to a rural lot. As with all variances, hardship must be demonstrated to vary from the City Code. The standards used to evaluate hardship are as follows: 1. There are circumstances unique to the property that were not created by the landowner. Unique conditions may include the physical characteristics, including topography or water conditions that may exist on the property. 2. The property, if the variance is granted, will not be out of character with other properties in the same neighborhood. 3. The applicant has exhausted all reasonable possibilities for using his/her property 4. Economic considerations may not constitute an undue hardship if reasonable use of the property exists with application of the minimum standards of this chapter. 0 Planning Commission Recommendation The Commission unanimously recommended approval of the proposed variance based upon the findings provided by the applicant. ACTION REQUESTED The Council is asked to approve or deny the proposed variance. The attached resolution has been prepared to follow the Planning Commission's recommendation of approval. If the Council chooses to deny the variance the attached resolution will need to be modified. Cc: Brian parenfarent Builders, Inc. 9040 159th Lane NW Ramsey, MN 55303 Attachments Resolution Location Map Letter from Applicant 0 Site Drawing Immediate Area Graphic Planning Commission Minutes (supplemental) -Z-", 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A VARIANCE TO THE SIDE YARD BUILDING SETBACK REQUIREMENT OF CITY CODE 12-3-5 FOR PROPERTY LOCATED AT 2363 VETERANS MEMORIAL BOULEVARD LEGALLY DESCRIBED AS: Lot 1 Block 5, Woodland Estates 4th Addition, Anoka County, Minnesota. WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-5 to reduce the side yard building setback from 35 feet to 25 feet, and; WHEREAS, the Planning Commission recommended approval of the proposed variance, and; WHEREAS, the City Council received the recommendation of the Planning Commission, and; WHEREAS, the City Council finds the variance will not be detrimental to the health, safety or welfare of the surrounding properties, and; WHEREAS, the City Council finds that the following conditions constitute an undue hardship 0 for the subject property: 1. A 35 foot setback will not achieve its intended purpose. The houses on the two adjoining lots will not be the same distance from the street. 2. The adjoining lot is 2.5 acres in size, the house is located more than 200 feet north of the shared property line and the intervening area is heavily wooded. Again, the intent of the 35 foot setback will not be achieved. 3. The side yard setback requirements of25 and 35 feet are intended to coordinate structures on urban lots. This setback does not apply well to a situation where a urban comer lot is adjacent to a rural lot, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to reduce the side yard setback for the subject property from 35 feet to 25 feet. Adopted by the City Council of the City of Andover on this _ th day of ,2008. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor 0 Victoria V olk, City Clerk -.1-- G '-a. Q)ro 6~ "'0_ t::.c <(0) c::: .....w o u a; 0 U) :>. ,- $! U)U) :!: .~ _W ()() ~ ~ C)C/) 'l"""" co 0 a::: CI) II 0 CO< w<( 0 "f3 ~ ~- >~ Z .5 ~.~ gz w (f) -:-: ~ <( Z6 ~' <9 a: ui ~ Qi.i!! ~t.l w ~ 1.J.J U ~ ~ ~ ~;2 ...J a: ~ 0: J a.. ~ > ~ c.c.CG ::;0 :~ ~lli]]].D co co co oZ :!;:!;O U)<( ! i ~~ ~ / < i \ "". // / "~ ,J ~I . ^... /" / 'l>l 13 I'~#) ~~? ~ ~ / "....., ~ ~ tLZZ , " /" > . I . ~ <e~~? e<~\ ~~~~_ -- I~,-,----J~:;=e~ ~y \~ ~I t6Z ~ I I I HtZ F ILl ...,~1'1 \ ~ --lOt ! i ,--.J h - ----.1 /~ \ ) . , : ./ ' M I I f7ZtZ SZtZ i<( I r- ~ 'r-~ ~ ~Zt I ~fi ~ / " I to- ! \, , . 6ttZ 10 ~ -'-'~"- 1.__S0ZSI. ~ Stt 12- ~ --[j' - j! i \ .... WI ,. , It) \ <n C'? . Cl \ ~ CC) -, ,,:2:. ~ \ - ;:; 61> ,'. ", r -, - 0::', _ \-- -"_ om~ ott~~ ~:,~ 'rs ~ ~~~W_ r' :It), co ~ I: i~ / \ ~ _ ! !O:::I III i / '" 1(') I 1.6tZ i wi i / OOZSI. l-..-.- '":_ - I '" '" :--~1-~-1 !I-IC-L ---=--l (I) It) ~ C'? N I ~ i ~ Ii W I -I \ C'? C'? C'? C'? C'? [ C'? i i' It) It) It) It) It) It) It) i ;! ! ~ ~ ~i~ ~,~,~ I J>tQ ~L..... I 1 .........-........ ! . i ..... '\J ................. ! ~.... -~.., .--"..~ :/ .1 VERDIN ST ~' I 0 ...../ ; ......._.. c.i . : . ..........-....-.---....l'''- / ~ =!. INN ! N N CC)!) // 0 d'; ~ 1(1) It) i~ C'? ~ (,0 Cl 1 / ~.g> C'? C'? i C'? C'? C'? ~ C'? , / It) ';: It) It) i It) It) It) C'? It) / /:1 ~ )1 ~ ~i~ ~ ~ It) ~ / / if /\-mm ....).m...-1:.. _ ~r--'-,=__ / /".mmm ~ \~ \....:~ -1// :E ,\f') \~'~ MI / .g C'? I C'?, ~ \~ ,It)!lt) fri/ GlI / <5 _l-!___, a ~-'I, -- L~\.J"ders, InCb {{iJ;L//e p" ~Whw 9040 159th Lane NW Ramsey, MN 55303 763-274-1222 April 14th, 2008 Re: Variance request for 2363 Veterans Memorial Boulevard. To whom it may concern: Because of the downturn in the housing market, homes have become much tougher to sell. After purchasing the lot referenced above in the Woodland Estates 4th addition, the city chose to put a yellow stripe down the middle of Veterans Memorial Boulevard making the lot less desirable to a potential buyer. The farm access road behind the lot has been an on-going issue of discontent in the neighborhood which has not improved the appeal of my property. a We feel that the situation with this lot is unique because of the fact that it is adjacent to a rural lot and not back-to-back with another city lot. Approving our variance request on the home we are proposing will not cause an inconsistent look to the development because the driveway of the rural lot is approximately 250 feet north of where our driveway will be located. This rural lot is also heavily wooded and the view of my property is obscured by trees. We have included an aerial photo showing our proposed changes. Sincerely, Brian Parent Parent Builders, Inc. a -s-- F: \e.itecomp\e.take\woodland eetatee fourth addition - anok..a\I-&.dwg o LOT I,BLOCK &, WOODLAND ESTATES FOURTl-I ADDITION 588040'43" E 99.99 <;J ....... r-----------______ I ---------------, I I I Drainase 4 J I Uti/it!::} Easement I I I I I 8 I I /0 I I i----------~-------------------------~ ~ I I ~ ~ I I --t .:os: I I _ ~ I I - ~ 8 .....J....... J ~ . 10.'. 30'0" .......................... ....................1 -4...J ill I '. : 1&.00 I ~ Q) Cf\ J 9 . J a Q) - 0 _ I - I ~ WI I a .b I ""4" I. U) ~ I ~ 28'0" I '"'- a I N I v 0, (n J J d) ~ a ;a I ;. . I · r' I ~ ~ I ~ - ..,. I ..,. N I \J a I NIt:: Z I I C\1 I 2'0. I --..;; : ~q ~ I . "4" : :::j o . . I I ~ ~ 9 : I I 14'11" ;,., ~ i I 1'1.62 , . : I .....r.....:..,.,.....T...=-.-t. 21 0 .:......!?..~.....l I I J I I I I I I I I I : I I{) I .n J Ifi '" I '" / I / / L____________ _____________________-/ <;J ^' ....... ~-() . "v u- (/) ,,'? Q' ,0 ~ N 88.40'43" W 19.93 'v~~c5'~l/)' ,.OJ. \.." V(j"<:- /52nd Lane N ~ o -t/- . . . . ~ ''f ~ It f~L. , r .. . , ,; , c~ t ~ , , 1; ". ~, ,~ "'c >Aa.. C" ',. "C', , '. , .. ~1(;~~J~;~1~_~"it/,;'11.'.'~,:'~.-j~C_;':t."~_",, '.', " ,', J, ',"'"' ~ .... "',.. '0 ',_' :.. _ . liil. , · I ~'J~. . ;;,; .~ . \" ,I rtJ ~, "., >.", oil. ~JiI i': FC;\.~' i U t i <1 t<. _ ,. -,... ...... .:......_~ .., . ".".c'i,""'..~ ">' . , .' .., ---';'~""'~''':'io-~_ ~~':"" "',.,"',.." .."....,..,_'-,~"."'<C,<<.,_..._.,;<-....:"""'_,_.._.,.,..""'.,.'. ~~~~.'.;,~.,...~.....c..,. C"~h "'O',~_ ~,. ~II'..'..I.~"'-.' ...'.C....fl.~M.C. . 'lC,~fi,..[..I....-...[;J.:.l..'~"j..[.: ~. ~:~ ~~"~<~~ ~ ";'7,~~,":0C'",,\"_;;;;:=-:'" ,. ~ .-,-:" ..,",',-- ',.' ,', .. .. .",. , Ii ,..'..2';, ~i_,; " . "I "'{"'t "P'~ ' ", ir ,:Y/' .,.... .., 'J" ., ~: 'i,r, . .{1;, l'\ .c.,'t'" ',~t;!~ ....t'J . i1:_...::;:':;~~_ _~;....:~-- r"- '~il} ~' ~,~ .,iI S1\NDbVE~ Cli) 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 Will Neumeister, Community Development Director wd-- FROM: Courtney Bednarz, City Planne~ SUBJECT: Consider Variance to Maximum Detached Accessory Structure Size/ 13500 Hidden Creek Drive - Planning DATE: May 6, 2008 INTRODUCTION The applicant proposes to build a larger detached accessory building than the City Code allows. DISCUSSION City Code 12-6 provides the following size limitations for these structures: _ LOT DESCRIPTION MAXIMUM SIZE OF GARAGE/ACCESSORY STRUCTURE I '-Is than one-acre and all R-4 1,200 sq ft total including attached and detached garages. However, detached garage zoned lots. cannot exceed 50% of home foundation excluding attached garage. One to five-acre rural lots 100% of home foundation excluding attached garage. Over five-acre rural lots 20% of lot size. The subject property is zoned R-4 which means the top line ofthe above table applies to it. The existing attached garage is 792 square feet. This leaves 408 square feet remaining of the 1,200 square foot total allowed. A 20 foot by 20 foot structure is basically the largest structure that could be constructed within the requirements. Property Owners Proposal The property owner would like to construct a 24 foot by 30 foot (720 square foot) detached accessory structure in the rear yard. A site drawing is attached to show the proposed location. The applicant provided the attached letter to demonstrate hardship and discussed the following as potential findings with staff: 1. The Ericksons are a family of seven and as a result have many vehicles and things that need storage. 2. The ordinance has changed since the Ericksons purchased the property. Prior to the change they would have been allowed to construct a garage at 75% ofthe foundation size of their house. With the house foundation at 1320 square feet, the previous 0 ordinance would have allowed a building size of 990 square feet. 3. The structure will be located far behind the existing house and will not be visible to most of the neighborhood. As with all variances, hardship must be demonstrated to vary from the City Code. The standards 0 used to evaluate hardship are as follows: 1. There are circumstances unique to the property that were not created by the landowner. Unique conditions may include the physical characteristics, including topography or water conditions that may exist on the property. 2. The property, if the variance is granted, will not be out of character with other properties in the same neighborhood. 3. The applicant has exhausted all reasonable possibilities for using his/her property 4. Economic considerations may not constitute an undue hardship if reasonable use of the property exists with application ofthe minimum standards of this chapter. Background of Ordinance Change The Council may recall that the ordinance was changed in 2005. The reason identified for the change was a belief that the size of accessory structures allowed was out of proportion with the smaller size of urban lots. It was felt that in some cases large attached garages and large accessory structures overshadowed the homes and detracted from the type of neighborhood that the city was trying to achieve. It was also discussed that large accessory structures tended to have a higher potential to be used for home occupations. Home occupations were already prohibited from operating in accessory structures on lots less than three acres in size. 0 Additional Information A letter, photographs and record of a business operated by the property owner were submitted in opposition to the request. They are attached. Planning Commission Recommendation The Commission unanimously recommended denial of the proposed variance based upon their determination that the findings proposed by the applicant did not satisfy the requirements established in the City Code for granting variances. Cc: Chad Erickson 13500 Hidden Creek Dr Attachments Resolution Location Map 0 Letter from Applicant Site Drawing Information from Neighborhood Planning Commission Minutes (supplemental) CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVINGIDENYING A VARIANCE TO THE MAXIMUM ACCESSORY STRUCTURE SIZE OF CITY CODE 12-6 FOR PROPERTY LOCATED AT 13500 HIDDEN CREEK DRIVE LEGALLY DESCRIBED AS: Described as Lot 25, Block 3, Hidden Creek 3rd Addition, Anoka County, Minnesota. WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-6 to allow a larger detached accessory structure on the subject property, and; WHEREAS, the applicant has provided the following findings for the Planning Commission to consider: 1. The Ericksons are a family of seven and as a result have many vehicles and things that need storage. 2. The ordinance has changed since the Ericksons purchased the property. Prior to the change they would have been allowed to construct a garage at 75% ofthe foundation size of their house. With the house foundation at 1320 square feet, the previous ordinance would have allowed a building size of 990 square feet. 3. The structure will be located far behind the existing house and will not be visible to most 0 of the neighborhood. WHEREAS, the Planning Commission recommended denial of the variance based on the fact that the findings provided by the applicant do not satisfy the criteria established in the City Code for granting variances, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, WHEREAS, the City Council finds that the findings provided by the applicant do/do not constitute an undue hardship for the subject property, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves/denies the variance request to the maximum accessory structure size allowed by City Code 12-6 to allow a 720 square foot detached garage to be constructed on the subject property. Adopted by the City Council of the City of Andover on this _ th day of ,2008. CITY OF ANDOVER ATTEST: Michael R. 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I ~ ... ltLl ..... lltll _ I ttll I- otll ~ .~ rh - - \ W l;l - I--!-- liSll f.--.--- ! - E9 ;:!; - 9Sll i :S:t!ill_. m 7.l1,- _ _ ;:!; ,.,~ ::" ::l E~ttl -..- IUZ :::; C Elm 4: ,36111 0::: I 99lZ t9ll ~ -(0 '- ~ ~ 0 CROOKED LAKE BL YD ~ ----- 11 ;:c ~-'r I l If ~ .~ L-~ 1 f: I fil il I ~ I ;; 1Qf a \ UBl I co I ; ~ ;!! ~ ~ ! -i- 0 Andover city hall Chad Erickson Attention: city council 13500 Hidden Creek Drive Re: Property variance application Andover, MN 55304 612-388-7795 I am a property owner in Andover for the past 5 years now. Including my self we are a family of 7. Currently our garage is full, and 1 car needs to be parked on the driveway and soon have 2 up and coming drivers. Behind the garage is a clutter of stuff such as a riding lawn mower, 2 utility trailers, lumber and some kids toys. I would like to be have the respect of my niebors, as they have been to me, by doing my part of keeping our nieborhood clean. I have a 1.17 acre lot (the biggest of all around me) it is oddly shaped, but to .be brief it is approx. 95' wide at the curb and goes 1000' deep. The lot backs up to Coon creek, and is heavily wooded. From the proposed area of construction, you can not even get a glimps of the houses behind me which also have Coon creek bordering us. In very close proximity there are 2 other homes that have out buildings of this size and nature, both which are mostly hidden from street view as so would mine. I understand that the R-4 zone is primarily small % acre lots and understand the reason for this ordinance. However my lot size, placement and property boundaries are unique to most of the lots in the R-4 zone. 0 As previously stated I've lived. in Andover for 5 years,. and this expansion has been a consideration since day 1. At the time the ordinance allowed me an out building of 1360sfnow since that change I'm only allowed. 488sf. What im looking for is slightly over half ofwbat I was previously allowed, that is 72Osf. a~~ Chad Erickson 612-388-7795 0 -s-- < ~ .. I.C. HIIUI AID ASSOCII TES, IMC. ' LAND SURVEYORS Telephone e O. BOX $a~8- COON RAPIDS, MINN. 554aa 4n-7822 ARROW WOOD BOMES, INC. ~~ CaRTIFICATE OF SURVEY: HIDDEN CREEK DRIVE. p.....2S7.0 NoR"&.l 45 0 ~ ... ~ '_--1 -- , ~\A;iO'OI' sS.I~ I .of SCALE: I": 40' - G 1$6- .Z48A/40 .1 -,; DENoTES I ROI-l ~I -'1' OEt40Te.c:. Wooo Hu~ PROPOSED " I 1 . I I I , I LEGAL DESCRIPTION: ,. I Lot 25, Block 31 r. HIDDEN CREEK T~IRD .ADDITI to ~ Anoka County, Minnesota , ; k II' \1.J ~ . I C\l Q CIl U) .1' I . .. 11 I- VI 0 &II . ~~ '/ 1 ~ q. , t' Y t' \ ,- / ~ .,~/ ~ 11 I ~%\",~ <<II . H~ o,y , /b!9 / ~ ..,,~ ..... / ' ~. I HEREBY CERTifY THAT THi~ IS .. TR E AND COR)fECT ....EPRESENTATION 0' .. SURVEY OF THE B:GIUNDlgIII 1Ik:IM:I::lMaft~~ 1:l&JDC ~ lIDIJUII("'lIIIl.",,",,"~UX . ca io of the proposed building only. 0 " 'MRYIU. ., M' '".......!.~.?.......~.. J ...!'2!.~~.._......_...... "..!.?...._. ~ .~_:~2.12!~_..._..__.~_._.__ . MI...... R.,'atr..I_ .... .f...........u_....... -- \ . ~I .~ 0 Ray P. Lopez Broker,Realtor,GRI,Hall of Fame Award Winning Customer Service! RE/MAX A-1 Excellence 215 E HWY 55 Buffalo MN 55313 763-682-3003 Ofc 612-805-7455 Mobile 763-682-0606 Fax ravplopez@vahoo.com www.ravlopeztearn.com RE: 13500 Hidden Creek Dr Andover, MN 55304 Hi Chad, Regarding you property at 13500 Hidden creek Dr, Andover, MN 55304 In my professional opinion as a MN Real Estate Broker I do not believe that adding the proposed garage to your property will affect YOllr neighbors property value. 0 Please call with any questions at 612-805-7455 Thank you, Ray Lopez 0 RE/MAX Showcase West 215 E Hwy 55 · Ste 201 · Rutfnlo, Minnesota 553 n ~ Office: (763) 682.,003. Fax: (76j) 682-0606. Webslte: www,shnwcasc\vest.(;orn ~ Each Office Ind'-r"'l1d,..:i)Z:cJ HIltI Opemf,'d "_./ 13 516 Hidden Creek Dr Andover, MN 55304 May 1, 2008 0 Andover City Council 1685 Crosstown Boulevard NW Andover, MN 55304 RE: Proposed request for Variance to City Building Code for 13500 Hidden Creek Drive TO: Mayor and members of the council We are neighbors directly north of and adjacent to the property of owner/resident Mr. Chad Erickson who is requesting variance to the maximum size of a detached accessory structure, to build a shed in his back yard. We wish to add this letter and its enclosures to the public record. It is our desire that you not grant approval for the following reasons: 1. It will potentially devalue our property. His proposed plan is to build the shed as close to our property line as possible. One of the main reasons we bought this property twenty-one (21) years ago and built our home on it, was because of the beautiful view of the wooded back yard. Consulting with Edina Realty, it was their opinion that constructing this large a shed may devalue our property. 2. The shed would be easily visible by neighbors from the city street. Although the aerial picture 0 off Google Earth shows a heavily wooded back yard area, this is not presently the case. Numerous storms within the past 10 years have taken out dozens of trees in both his and the neighbors' back yards, 'opening up' the area. Therefore the shed will not be hidden from view. (see enclosed pictures) 3. The larger shed will add to an already noisy environment. Mr. Erickson owns a roofing and siding business. While he has not indicated that he would do so, we have concerns that he will run his business from this new proposed structure (see enclosed documents). There is very little room between our homes, and supply vehicles driving between our homes will further aggravate the problem of noise, plus aggravate the tearing up of his lawn. He presently has 4 ATV's which he stores in his 3-car garage, and he has stated that he needs to build the shed to store them. He told us that he wants to occasionally take his ATV's and run them through his back property for recreational purposes. That, plus running them to the front yard to load them onto his ATV trailer will make for more not less noise. 4. We wonder if Oak trees will need to be cut down on his property. Our concern is if he does, there could be potential Oak wilt. We feel that the present ordinance is an acceptable standard within our housing zone, and there 0 shollid oot be an exce~ion ~ Smcerely, ~' ' / .~ Enclosures Kermit & Karla Grenz - - ;: \ -~:'~,-... . ' . 1.!!~'~~1lli(,\r~~' .J~~,:':.~: ." ~~~"':"M"C~_:""''- )~::. \.~:~:",;.':.~,~~' " ''.~,L ,. ,; .~;;' ", ..y,: . :,;.' \::,,:::".~.= "',,~' ';:.~;.'~, ~.";L . " S. L"~~,';_'.: ',,' j.~' ;@ hllp:llduoutate.mn.wminnesotalCOJPJnquiry-enti\,l'./lSP7:nlinlU'lUmber=2685987.3&entilluypejd-DCtLNse*SionJd,.&:Ndocument_number..otJien_S2137530S.lxl~ent=6&:N f~~~:;F~~~;':~;:;"~"~:]I!'~:~-~~~~~l~\g~~~lt;t:?;g~~::!'-)~~ ....,,-;:0;;.:;:-...-. . \ "i'.I~..~.=?~H:'1"J'l{.~ "~~" '.'; iH" ~~{Jlife, ~:Minne,sQL1.." ",. .,.,. '. '. . :>~~).,::!~:~..~~L~~.~L;..f:1~': ..:~..i..:'. ':'.~')tJ ?r.:~ ()nliJ~i.' ,\('i'L''''S ..-." . DAHl>I.ne, UC\~, BU5ill~",-; ~,;;.;"k"l; ,A.:ciillllt::'f;S~i;Jl1~iif;j'~ilSeH~h'f~?~ "AI.{;;J~,l,(t.~ill ....... .' ....'. .. ." ........ ..,. ,'.. . BU~INE.SSOl;lliAtfl4Al1q~.S'INOUIRY -V'~YVEMlili' ....:.. Filing t~lImbel: 26B59B7-3 Entity Type: Domestic Corporation OriglMI Date of Filing: 112312006 Elltity Status: Active Chapter: 302A Gilod St.lndillg: ldilte of last 41nntl<ll filing} Duratiou: H.lme: atal Home Exteriors, Inc. Registered Office 13500 Hidden Crk Drv Addrns: Andover, MN, 55304 Agent ffame: No Agent Filed T otai Hon-~:& Exle~tors "",' .-_....... ......... . . . . . . . .. ....... ~ . - . . .. \~':"~. servlcemaglc A Ser.ice/.'1agic Screened. Rated & ApprO'",ted Companf .. ~ ~,honm lmpr~cmcnt. n.u$le.f~. .... horf1e. Total Home Exteriors f866} 347-4935'" s~t.....k;~ offered ,. 0 ~~;i:'.-,;:!?" i.:J:;:, ..,- . '''-'.'. ~.. . >"" .~..a&..~~"';:,;.~~"i ~~ ;;qs:tom~~r :ratt'ng;;. . -- ., (S66} 3474935' J T~n t.is Abc'.Jt "{('r-Ji' P:'C!,~~.:t :;:,(:::,j(:;,~t ij:'<:,::r.f:;:,'~' T alai Home Exteriors TOTAL I PloIeet Category:" Chad EricksOn I i SeIed One E:J 13500 Iidden Creek Drive I ~!~t:P-f\$e & i~'1:?~r:_;}n'~.z' AndOVer, MN 55304 HO~IE Ilallle:~ , I I (866) 347-4935 EXTERIORS I o~t ~Gi..rfi:fl1}lnity Phone: " i { ti"::l.\ar.J:; '&_-a.fr{'.ar;;~(lZ; lh:.:~;.'~'~'.; %'U';~l F;~ G.~,-;:~;r';: I ? ~';)Dnil':: ~ :.::"lj~P~; \ CALL US TOOAY :,1 I i.,(:i:l~:"',1 (366~ 347-4935' '. ~ . . Clid~ Hel e f{l[ a (;omvlete U".1 0;>1 Home ImNQlo'enlent P"i Qleet~ I I \ i The ServiceMagic File: Total Home Exteriors 5:CREEf';!if .JG CL5~Cl~-1E.P, Ft~"-:~T~:JG C -:::~''''EF/~:SE .J~,E:f\' ::.Ci~-.r~:;.~-! Member Since: 2006 OveraU Rating: AJ"eas Sented: lIilme: Ch8dErickson in-sur "nee: Ratli'lg Score: 4.89 015 . hI!. .eepois Pbooei(866} l41-49w . General Uabilily, T alai Ratings: 5 . 5eirt Paul . Email this Page $1,000,000; 09-30-2008 HIghest Reding: 5.0 . BrooIdyn PIll'k .. Ser.d Li~~ting to Pr-n~ne , LoWest Rlillirig: 4,.57 . Brocklyn CeJiter 0 .. ~+:;r,~':!' \1'./90 ~S;::[..e..::;; }-+:;(i":-: ':'~'!:~f Would Use Pro Again: 100%. . Haesan Us ServiceMagic to Find . P.t.;(:iJ~ S;ervic.e+A~:~;h:. h';;;ting:s ., ';;~~ .:::..~ .6,re-2.:::. Ser"":'1?,.j Pros for ADVOUJ' Projects . C.et'Makher.lto ProS: ' - - ..... .- -.-.... . --, ., ,- ..-." _. -.~. :~., , . -.", ".-".: .. -.' ,.'~ . ' , , ...',..:; ",~:", .'. ,~.~..~.--' "...,....,.*, "" ~.. '., k.,:.... ~,~, .. - - .,-~. . -. .. ..... .' .~. ~ /o.r ~NDbVE~ @ 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 Administrator Will Neumeister, Community Development Director wJ..- FROM: Courtney Bednarz, City Plann~ SUBJECT: Consider Residential Sketch Plan for Planned Unit Development! Southeast of the Intersection of CSAH 9 and South Coon Creek Drive - Planning DATE: May 6, 2008 INTRODUCTION The attached sketch plan now contains a development proposal to convert six residential lots on 16.54 acres into a planned unit development containing 36 lots and one outlot. DISCUSSION 0 The applicant is requesting a planned unit development to allow development standards to be created for this project. For this to occur, the Commission and Council will need to authorize the use of planned unit development. It is the applicant's responsibility to demonstrate that the proposed development standards will result in a better project than can be achieved through strict application of the R-4 standards. The applicant has provided the attached letter for this purpose. Please note the sketch plan has been revised since the Planning Commission meeting to remove one of the lots inside the street loop. This allowed additional lot width within the loop and an additional ten feet to be added to the perimeter lots adjacent to single family homes to the north and south. The adjustments increased the lot area of each of the affected lots. Access Access would be provided from the signalized intersection at 143rd Avenue NW and Round Lake Boulevard. Each lot would have access to the intemalloop street. This would be a public street that meets the city's design requirements. The applicant has also shown a secondary emergency access through the narrow strip of property that extends to South Coon Creek Drive as requested by the Fire Chief. The secondary access could also serve as a trail connection to Round Lake Boulevard by utilizing the loop street and a trail segment at the entrance to the development. Staff provided a copy of the plan to the Anoka County Highway Department. Their preliminary comments are attached. Staff also asked if the county would consider a secondary access to 0 Round Lake Boulevard instead of as proposed. This was requested by some of the neighboring property owners. Neither the county or Andover Fire Chief were in favor of a secondary access to Round Lake Boulevard. Proposed Home Design 0 The attached drawings and letter illustrate the proposed housing concept. The design is similar to a rambler style home. The concept includes a variety of options that would be available depending upon the preferences of the eventual homeowners. Walkouts, lookouts, full basement and slab on grade style homes will be determined by the grading plan for the site. It is anticipated that walkout style homes can be achieved along the east edge of the proposed development. The interior lots will most likely be one of the other home styles. The attached letter indicates the house sizes would range from 1,600 square feet to 3,500 square feet depending upon the style of the house and the preferences of the future homeowner. Proposed Development Standards The proposed development standards are compared with the R -4 Zoning District standards in the table below. It is important to note that there is variety in the size and shape of the lots shown on the sketch plan. The proposed development standards in the table below are the minimum shown on the sketch plan in each category. The table also reflects the number oflots that meet the R-4 standards in each category. Additionally, a comparison ofthe proposed development to previously approved projects of a similar nature is attached. I I R-4 Standard Proposed Sketch Lots that meet Plan R-4 requirement Lot Dimensions 0 Lot area 11 ,400 sf 7,700 sf 16 lots Lot width 80 feet 70 feet 10 lots Lot depth 130 feet 1 09 feet 21 lots Density (units/acre) up to 4 with 2.18 PUD (36 units/16.54 acres) Setbacks Front 35 feet 20 feet o lots Side interior 6 feet garage 6 feet garage Depends upon 10 feet living 8 or 10 feet living unit style 35/25 feet for Side corner lot back to back 20 feet o lots lots 30 feet 40 feet 30 feet 40 feet to Rear to county road county road row All lots row Note: Six of the lots appear to meet all of the R-4 Zoning District standards 0 -z- Existing Houses 0 There are four existing homes along Round Lake Boulevard. Three of the homes would be removed. The existing house on Lot 2, Block 1 would be turned to face into the development and the exterior would be updated to match the proposed architectural style. The existing house at the southwest comer of the site was originally designed to remain on a separate lot with continued use of an existing driveway onto Round Lake Boulevard. The applicant has revised the sketch plan to show that the house and driveway will be removed and replaced by anew lot with access to the internal street. Wetlands and Floodplain A large wetland and floodplain area occupies most of the proposed outlot at the east edge of the site. Three small areas of wetland are proposed to be filled. These areas are represented with shading on the sketch plan. The applicant will need to obtain approval from the Coon Creek Watershed Management Organization for this to occur. Several of the lots along the east side of the sketch plan are in the 500 year floodplain. This area is indicated by the meandering line labeled 'FEMA'. FEMA and the city allow this area to be filled for construction of streets, homes and other improvements. However, future homeowners may be required to obtain flood insurance if a process is not completed with FEMA to remove these areas from the 500 year floodplain. The applicant has indicated that they intend to do this i~ the project moves forward. The city would also require this to be done as a condition of approval of a plat. 0 Maintenance The applicant has indicated that yards would be maintained by a homeowners association. The building exterior would be the responsibility of the individual homeowners. Tree Preservation The attached letter states that every effort will be made to preserve as many trees as possible on the site. A tree preservation plan will be required to be submitted if the project moves forward. However, the Council should be aware that a majority of the trees will need to be removed to make way for streets and building pads. Buffering Along Round Lake Boulevard A buffer along Round Lake Boulevard is conceptually addressed in the attached letter from the applicant. The details of the buffer would be provided with the preliminary plat. Landscaping As mentioned above the applicant is committed to providing a buffer along Round Lake Boulevard. If the project moves forward, staff will be working with the applicant to provide some buffering from residential neighborhoods to the north and south as well. Utilities Sewer and water are available to serve the site. These utilities presently exist at the intersection of Round Lake Boulevard and 143rd Avenue NW. The grading plan will influence the design of 0 utilities within the project area. -3-- Storm Water 0 Developers are required to accommodate all storm water created by the improvements to the site. Storm water from the project would be directed to a storm water pond shown in the southeast area of the site. Existing drainage patterns may continue as they presently exist provided they are not adversely affected by an increase in storm water from the proposed improvements. Planning Commission Recommendation The Commission was generally in favor of the proposed sketch plan. The Commission also discussed several potential modifications to the sketch plan as detailed in the attached minutes. Briefly, these modifications included: 1. Elimination of the secondary access. 2. Special attention to buffering from Round Lake Boulevard and adjacent residential properties 3. The Commission was divided on a suggestion to reduce the number of lots inside the loop street to allow the depth of lots outside the loop street to be increased. ACTION REQUESTED The Council is asked to discuss the proposed sketch plan and determine if the proposal will create a better project than could be achieved through strict application of the R-4 Zoning District standards. If the Council is interested in seeing this project move forward, they may also choose to suggest changes to improve the plan. 0 Co Attachments Location Map Sketch Plan (11x17 in packet) Previous Sketch Plan (11x17 in packet) Applicant's Letter Housing Styles Comparison of Similar Projects ACHD Preliminary Comments Letters from the Neighborhood Planning Commission Minutes (supplemental) Cc: Ron Nordin13994 Heather Street NW Lyle Reynolds,RLK Inc. 1321 Andover Boulevard #114 Ham Lake, MN 55304 0 ~1~ CD '-c. Q)ro i)2 "0_ C..c <(0) -00 ~ o u _ 0 b~ J ~ .-'- <Xl (f)w () () ~ g a~ M co N a:: V~ II 0 -.i' W<l; Ci -5 ~:: >~ z .!: ~.~ g z W 01 ~~<( z=> Cl a:: w:J Qj .. .. <1;0 I Ww~u -IDS ..U -l a:: ~ a:: rl (;j CO 18~ ~ a. ct: 3' ct: (f) 0 0 ~~ ,0 a. a. CtJ :J 0 :P < F'F"l . 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"^O~ JO lJOd .:...::..::: "M'N u~:~ UO~ :NllV t lOl lU9WUJ ....,............_......--.::::~=-:f~y.;. 011 c3AOO XO.:l ~ '::::::"::::::::::::::':'''':':':'':'::::::--::..,~ SNOlSlfI.3H i ~ ~ I~ i-i i ~ I ~ hh ~ h~.a. w~~ ~NaU ~ ~ niU;;!h nhl U~" h"" ~~ ~~lJI";"'.i""; 11111111111 0 lnii1i1iJ "<:,i':.:'.... \ ,., ........"j \, -----o-.J I...~ --__ - >f6Z / ..h-'-<---, -r-\ )'>'o.{ .=-: -/! I _864'---- ~:. ~-'------ . t - i~! ,.. /.. , " --11'.- - (y 0 ~~,~ ,.. -~---- :': '::':,. ,-- " ""'"?;:-. - - J - ,.. - ,.: :~; ;') .. " , r - - 1- ----11-;:;-- _~':. 0 ... : '" I - ....<"".,",.".._~ "'.:~'::;:".~~' I - - :;: , ~ -7- 0 '" .ilrllI.l1e Illif F ~I'1€lQJ.tek illll'Si QQ0~i?f BUilding a better tomorrow 7 , 0 April 15, 2008 To: City Staff and Planning Commission City of Andover Re: Round Lake Crossings (Preliminary Name) Round Lake Boulevard Project South of Coon Creek Scope of Builder and Developer The development company Fox Cove LLC- is locally owned by Ron Nordin. Mr. Nordin has resided in Andover for the past ten years on the Woodland Creek Golf Course. The Builder of Round Lake Crossings will be Hedberg Homes Inc. (Jon Blattman) a local Reggie Award winning builder based in Anoka on Bunker Lake Blvd. Hedberg Homes has been in the building industry for over thirty years and been recognized with a number of awards from the Builders' Association of the Twin Cities (BATC). Hedberg Homes has built numerous homes in Andover and other developments, including Bunker Hills, Winslow Hills and several others. The combination of the Developer and Builder working together will create a development that will embrace the quality which makes Andover the City it is. Overview of development 0 The primary objective is to build a subdivision of high quality and affordability, a new residential subdivision that includes a variety of home designs and lot sizes to appeal to the community for the coming generations. The Easy Living Concept is one style of home that can be used in the project and is flexible to fit on lots between 8,000 and 11,400 square feet. The Easy Living Concept promotes accessible design capabilities with step-free Easy Access, Easy Passage (wider doorways), and Easy Use (bedrooms, kitchens). Our design team has looked closely at what type of homes and developments are going to be needed for the future generational housing. This subdivision with a majority of Easy Living concepts will be the first in the area to offer housing options and a personal touch on the design of each unit. There will be no age requirements for residents of Round Lake Crossings. We believe this will be attractive to our adjacent neighbors and the entire community; it will hold and maintain property values, and will be a sought-after product in the City of Andover. As the baby boomer generation looks to retirement, we believe the Easy Living concept of Round Lake Crossings will retain current residents and attract new residents to the City of Andover. We are proposing a PUD overlay to allow a reduction in some of the lot square footage to enable the homes to be owner occupied and affordable and be part of a full-service City, one which provides numerous housing options, a variety of yard sizes and setbacks will add intrigue and interest to the prospective home owners, most importantly there will be no reduction of setbacks adjacent to the existing subdivisions or along Round Lake Boulevard. The subdivision will not allow backyard sheds so that all yards are landscaped and not cluttered with storage structures. 0 -~- City of Andover Page 2 of 3 Round lake Crossings April 15, 2008 0 Existing Conditions The existing parcel has single-family homes which are pre-existing on Round Lake Boulevard with blind drives accessing a county road. The parcel is essentially triangular in shape with the only viable access from Round Lake Boulevard. The parcel tapers to a narrow section of property to the east and it includes a delineated wetland. Two existing residential subdivisions abut the property, one to the north and one to the south. Both subdivisions abut with rear yards. The available tract exists in a cluttered state and the opportunities to remove the driveways onto Round Lake Boulevard maintain full width buffers on the perimeter and clean up the site will occur with the proposal. The site has four driveways which access the County road, here is an opportunity to eliminate the driveways, improve safety and have all of the access to this residential subdivision come off an existing signalized intersection. PUD Overlay Request Andover's R-4 Residential District defines the width and depth of each lot of which the code identifies a single lot as having 11 ,400 square feet. The proposed Round Lake Crossings meets the intent of the code by having an average lot size of 11,700 square feet and if out lot A is included the average lot size is 16,070 square feet. The developer requests that the strict dimensions of the R-4 District as part of a PUD be 0 waived to allow for the creation of a subdivision which has a safe vehicular circulation to Round Lake Boulevard, standard perimeter setbacks, pedestrian connections, regional trails, and lots which when averaged will be 11,700 square feet in size. The PUD will allow for higher quality homes on lots which will provide for a wider range of individuals to live in the City of Andover. Lots in the 8,000 square feet range are within the interior of the subdivision and will appeal to numerous families who desire to be in a community with accessible and green design standards. The opportunity to provide a housing option with a high quality yet affordable mix of homes is the vision of Round Lake Crossings. The depth of setbacks will not be compromised on the perimeter so that all existing neighbors will be treated to the standards of the R-4 District. The opportunity to create a new residential community with direct access to the trail and open space networks of Andover, especially at a signalized crossing on Round Lake Road is an asset to the entire City. The proposed storm water pond will fully address the rate control and water quality requirements of the City and watershed. The smaller lots, reduced front yard setback of the internal lots and the curvilinear arrangement the public right of way will create the feel of an established neighborhood one where the residents will have the opportunity to have more interaction, have front yard patios and porches and be creative in the house placement and encourage joint landscape areas along the property lines. The site design promotes traffic calming and a traffic pattern where the street will be recaptured by the neighborhood and the vehicles are moving at a reduced speed. 0 -1- City of Andover Page 3 of 3 Round Lake Crossings April 15,2008 0 Price, sizes and style of units The style of homes will be single family detached villas with some units having walk-out and look-out capabilities that have the option of being finished. The walk-out and look-out home sizes will range from 1600sq.' on the main to a total square footage of 3500. Footage for slab on grade units can range from 1700 to 1900 square feet. Round Lake Crossings will be a quality subdivision offering a variety of housing, floor plan layouts and accessible design options to the homeowner. We will offer triple car garages or oversized doubles, porches, deck with an outside fireplace. Even different style windows and color selection on the exteriors will be available. All options will be established by Hedberg Homes Inc. to maintain value and appearance over the project's lifetime. Our goal is not to have , the homes looking the same and with all the same features on each home or elevation. But create a neighborhood where there is variety in the homes and lots and where our primary residents are already living in the Andover area. We believe we can create more of a life changing experience by offering these options in an affordable new housing subdivision. Prices of units should range from the upper $200's to approximately $340 thousand, depending upon the client's design options and choice of home selected. We will be offering four to six different plans for clients to choose from. Our goal is to incorporate Green building practices which include the use of Anderson 0 Windows, designer series shingles, tanklesswater heaters and many other energy saving options. The size of and option for a Green building design is a direct result of the ability to implement the PUD overlay. We believe this is the appropriate design and residential housing solution for this parcel, and the City of Andover. Thank you for your consideration of a PUD overlay to allow an average lot size of 11 ,400 square feet. Sincerely, Ron Nordin Jon Slattman Fox Cove LLC Hedberg Homes Inc. 0 -/tJ- o o o ",}J-- o o o ~)Z-- . Ira /i. '. . '~ . c C .0 -e ~ L..Q) 0..... o 3::s 3:::J ::J Q)O> .:;:;0 c en (j) ro 1\5 e U e U ID U ~ ~.5 -g ~ ~ ~ ro ~ ~ Q) U5 Q) 0 .8 ID .8 .8 ~ .E @ .0 ~ ,g Q) .~ 0 J:: -g := ()3;!L..(f) :::;..... ~ ....."'" t-- (f)"C-"Cc L..(f)ro .c:!::roU (f)Q)ro Q)Q) Q)~ <X) Q)c -L..:;:; 0~>(f)03:0J!! -t:: > J:: ~ ~ 10 ~ ..... 00 c.. ro ~ ~.!Q >- ~ a. . ~ E Q) .0 U roo~ 010 1010 N :;:;~OL..x=~Q)ro~EuQ)~ ~-g N~ N~ ~o.~roQ)E~~~.....o[~.y ~ <( ('I) ('I) ~~o ~.8J!! c~ ro O() (f) ~o. W ~ (f) 0 "C. 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L.. .0 0 .~ C ..... 0..... ro ro....:!:: o C U 0 Q) .= -' rn It '0) Q) - c::: ~ ~ ::J "C 3;! 0 a U5 (j) -JS- Page 1 of 1 0 Courtney Bednarz om",m m~^ '_m""",,,,,,,,,m~m'mm,,=,,~,..............,,.,.,,..,.mm,,,mNN,,,,"Nm,,-,,,,-,,~,,,,,,,,~'m"mmmm"mN""-"m'mmm"'.,"......m=mm""mmmN""'~^'N"mm~'mm"....0.... .."'""""_~'~=..m"m~_ From: Jane Rose [Jane.Rose@co.anoka.rnn.us] Sent: Thursday, April 1 0, 2008 1 :09 PM To: Courtney Bednarz Subject: Re: Fox Cove Courtney The traffic signal will need to be revised. .It looks like 1-2 signal poles may need to be relocated. The City Street alignment/skew may require some island nose modifications on CSAH 9 (north side of 143rd) to accommodate SB to EB turning radii. We need the full 30 days to get our written comments to you. Is there any way that the parcel can gain local street access to South Coon Creek Drive, eliminating the need for the traffic signal re-do at 143rd? Or else could South Coon Creek Drive be realigned to intersect CSAH 9 at 143rd, eliminating the need for the CSAH 9/South Coon Creek Drive/CSAH 9 intersection? It just seems like the land development proposals should be working toward eliminating issues in lieu of adding to them. Jane >>> "Courtney Bednarz" <CourtneyB@ci.andover.mn.us> 04/10/2008 11:28 AM >>> Hi Jane, I sent over a sketch plan for a project SE of CSAH 9 and S. Coon Creek Drive in Andover a little while back. It has been revised a bit (partially to eliminate driveways from CSAH 9). A question for you is whether there are improvements needed to turn on the new east leg of the signalized intersection at 143rd Avenue NW? And any 0 other comments you might have? Thanks, > Courtney Bednarz > City Planner > Andover, Minnesota > 1685 Crosstown Boulevard NW > Andover, Minnesota 55304 > (763) 767-5147 direct > (763) 755-5100 main > (763) 755-8923 fax > NOTICE: Unless restricted by law, email correspondence to and from Anoka County government offices may be public data subject to the Minnesota Data Practices Act and/or may be disclosed to third parties. 0 4/16/2008 -~-' Courtney Bednarz Qom: Ronald Hoch [ronaldhoch@yahoo.com] nt: Tuesday, April 15, 20084:51. PM To: Courtney Bednarz Subject: Comments on the Fox Cove Development TO: Mr. Courtney Bednarz, Andover City Planner From: Ronald and Marlene Hoch, owners and residents of 3426 South Coon Creek Drive, the house next to the proposed trail and emergency access. Dated: April 15, 2008 Thank you for the copies of the sketch plan for the Fox Cove development. We have. the following comments on aspects of the development that will affect us. Please enter these comments into the public record and into your report to the Planning and Zoning Commission of the City of Andover. 1. The proposed trail and emergency access next to our home will shut off access to our back yard where we store our tent trailer. We have mowed and maintained that strip of land for over 30 years with the verbal approval of the past owner to allow access to our back yard. Our neighbor on the other side of the proposed emergency access will also lose access to his back yard. 2. Opening access along the length of our house will greatly reduce our privacy and may expose our property and gardens to vandalism. 3. The width of the asphalt and mowed surfaces will require the removal of most of the treeline between our property and that of the neighbor on the other side of the proposed emergency access. ~ Many of the proposed building lots do not meet the zoning requirements for lot area, idth and depth. There will be no room for trees in the current development plan because of the reduced lot sizes. This will adversely affect the visual character of the surrounding neighborhood which is currently full of beautiful large trees. The developed part of the plan will result in a large surface area of roads and closely clustered buildings which will will not blend into the neighborhood. 5. A portion of the plan will be designated a "green space" which in many developments can be a positive addition to a neighborhood. The area designated open area in this plan is in reality low swampy land, even in late summer. This area is not suitable for children to play ball in or use park equipment. This design may meet the "letter" of the green space concept but it does not meet the "spirit" of the concept. Therefore, we do not believe it should be used as a factor to increase housing density. 6. We understand that a person has the right to develop their property within the zoning allowed. We also believe that the current design adversely affects us as property owners and reduces the resale value of our home. 7. We request that the following items be considered: a. The emergency access to the property be moved to the vicinity of Fox Cove lots 4, 5 or 6. The curve on Round Lake Boulevard should not be a safety issue for emergency vehicles using lights and sirens. b. That no zoning variance be allowed to accept any less than the required lot size, width and depth, which we were told is 1/4 acre per lot. ~ Complete an on-the-ground, visual assessment of the proposed open area to determine if, fact, this swampy area does improve the livability of the citizens of Andover. If it does not, perhaps it should not be a factor in increasing housing density, Thank you for the opportunity to express our concerns. 1 -11- 0 TO: Planning and Zoning Commission of the City of Andover From: Ronald and Marlene Hoch, owners and residents of 3426 South Coon Creek Drive, bordering the proposed emergency access into the Fox Cove development. Dated: April 21, 2008 We have the following comments on aspects of the Fox Cove development that will affect us. Please enter these comments into the public record of the Planning and Zoning Commission of the City of Andover. 1. The proposed trail and emergency access next to our home will shut off access to our back yard where we currently store our tent trailer. We have mowed and maintained that strip of land for over 30 years with the verbal approval of the past owner to allow access to our back yard. Our neighbor on the other side of the proposed emergency access will also lose access to his back yard. 2. Opening access along the length of our house will greatly reduce our privacy and may expose our property and gardens to vandalism. This trail will be the logical shortcut for the neighborhood youngsters between the shopping distric~ and their homes to the north and east. 0 :5. The most logical emergency requiring the proposed emergency access into the Fox Cove development would be major destructive winds from the west. These storms have occurred several times in the past and the storm tends to blow down trees. There are large trees on either side of the proposed entrance gate at South Coon Creek Drive. Other large trees grow directly behind our house. In addition, many trees border both sides of the southern 100 feet of the strip and also along the rear 100 feet width of our property. Emergency crews may face up to 500 feet of obstructed road along this route. 4. Many of the proposed building lots do not meet zoning requirements for lot area, width and depth. There will be no room for trees in the current development plan because of the reduced lot sizes. This will adversely affect the visual character of the surrounding neighborhood which is currently full of beautiful large trees. 5. The proposed open "green space" in this development is low swampy land that is muddy even in late summer. This area is not suitable for children to play baIlor use park equipment. This design may meet the "letter" of the green space conGept but we do not believe that it meets the "spirit" of the concept. Therefore, we believe it should not be used as a factor to increase housing density. 6. We understand that the developer has the right to develop his property within 0 the zoning allowed. We also believe that the current development design adversely affects us as property owners and reduces the resale value of our home. -$-- 0 7. We request that the following items be considered: a. That an emergency access road not be required for this project. The main access into the development at the Round Lake Boulevard traffic lights is only 100 feet long. At that point emergency crews can turn either right or left to access homes. The north bound lane of Round Lake Boulevard may be the only open route to these homes in case of a major storm. A major storm will probably close several sections of the proposed emergency access road. b. That if an emergency access is required, then it should be moved to the vicinity of Fox Cove lots 4, 5 or 6. This will allow a shorter and more direct emergency access route into the development. The curve on Round Lake Blvd. should not be a safety issue for vehicles displaying lights and sirens. c. That no zoning variance be allowed to accept any less than the required lot size, width and depth, which we were told is 1/4 acre per lot. d. That the appropriate authority complete an on-the-ground, visual assessment of the proposed open area to determine, if in fact, this swampy area does improve the livability of the citizens of Andover and should be factored into increasing the housing density. 0 Thank you for the opportunity to express our concerns. ~~~) 11 QAf~ ~~ Ronald and Marlene Hoch 3426 South Coon Creek Drive, Andover, MN 55304 (763) 427-7853. 0 -JIf- Page 1 ot 1 Courtney B dnarz 0 Fr m: Sheryl Lund [thewoods@usfarnily.net] S nt: Tuesday, April 22, 2008 3:28 PM To: Courtney Bednarz Subject: Regarding tonight's public hearing Dear Courtney, I'm afraid I am not going to be able to attend tonight's public hearing; however, I would like to express my negative opinion regarding the single family development that is planned for the intersection of Round Lake Blvd and South Coon Creek Dr. My understanding is that the lots are designed to be less than the city approved size. I feel that the smaller size homes would reduce the value of my property. I regret any negative impact that the denial of this plan could have on the sellers of the property; however I still hold that I don't think it would be beneficial to my neighborhood's property values. Thank you kindly, tDDY ~Sheryl Lund 3551142nd Lane NW Andover, MN --- Get FREE High Speed Internet from USFamily.Net! --- 0 0 4/22/2008 --'UV'" Page 1 of 1 0 Courtney Bednarz ~,~""",=~~="~P" ,=,~ """"'''''' ~mm~___~" "m",.."~"mm'^^",'''=''''m',,''''''''m''mmmN m",,,n,,, From: Kristen J. Kennedy [kristenk@dbs-Iifemark.com] Sent: Wednesday, April 16, 2008 11:09 AM To: Courtney Bednarz Subject: Round Lake Blvd and South Coon Creek Comments To whom it may concern My name is Kristen Kennedy I lived at 14385 Round Lake Blvd Andover from February 2002 to January 2008. I am currently living at 14820 Blackfoot Street Andover. I just wanted to take a moment to give my opinion on the driveway entrance and exit from the 14385 property. While living at this property I considered this drive way to be very unsafe, because of the curve it was very difficult to clearly see the oncoming traffic and more then once I made the right turn and found myself having to speed up very quickly because after leaving my driveway I found there were oncoming cars that I was not aware of coming up on me. When I invited friends over I would tell them to put on the right blinker a long distance back and start slowing early because doing this too late could easily cause an accident. I had more then one friend come over and outside I could hear horns honking, Every time I heard this I knew they did not give the cars that extra alert that they were turning and almost got rear ended. My son turned 16 o while we were living there and I cannot tell you how many times I warned him to be extremely careful over and over again. One of the things I found to be very important when we were looking for our new house was the road in front of the house because having lived on Round Lake for so long I was ready to make this change and now I am so much happier when I am able to drive out of my driveway without worries. I just want to stress, for me it was not necessarily the road but it was the curve that made getting in and out of the driveway so very difficult and I feel that Mr. Nordin is improving the safety of all by closing off all four driveways on this stretch of Round Lake Blvd. I appreciate your time, please feel free to contact me with any questions you may have on this or any other issues. Sincerely! Kristen Kennedy Work - 952/697-5000 X240 Home - 763/422-0480 This email has been scanned by the MessageLabs Email Security System. o For more information please visit http://www.messagelabs.com/email 4/16/2008 ..,2 l-- ,-,\".,Iu..L 1-.1.11;;:;:1, lam attaching a letter voicing som f Round Lake Crossing. Could you Plea:eole~Y co~cern~hfor the proposed development called me now e outcome of the hearing? Thank you, c::rian Williams 67 l42nd Lane NW Andover, MN 55304 I cannot attend the public hearing scheduled for April 22' 2008 in regards to the development of the area, and I would like to voice a few concerns. The lot sizes in the sketch drawing are smaller than ~ acre that are the current minimum lot sizes in Andover. All current lots in the neighborhood are at least a ~ acre and heavily wooded. Allowing lot sizes this small and then building homes close together in the area would decrease property values of the current homes as well as greatly reduce the overall look of the neighborhood. In order to put this many lots in an area that small all the trees would have to be removed. The storm water from the area bordered by Coon Creek Drive on the north, Woodland Creek Golf Course on the east and 142nd Avenue on the south is currently diverted to this land. By removing the trees and adding all this hard surface area you will create considerable more runoff with nowhere to go but the ponds that are created. A number of the eastern most lots in the sketch drawing are in low areas that some years have had water as deep as 18". I would like to think. there could be a way to develop this area with larger lot sizes, preserve a number of the trees and possibly leave the low areas as a 0 nature area. Current law requires any new development to have two entrances/exits for emergency vehicles. There is only one entrance/exit on the west side for more then 30 homes grouped very close together. The proposed path on the northeast side of the development for emergency vehicles is inadequate to support emergency vehicles. Emergency vehicles such as fire trucks weigh 50,000 lbs or more and are 8' wide. For this path to work for an emergency vehicle it will have to be close to 10' wide and built with enough base and asphalt to support this kind of weight. The path should be built up to road standards, not to the standards of a path if it is being built for emergence vehicles. This path will have to be maintained in the winter, to ensure that emergency vehicles have access. If the path is built wide enough and strong enough to support a fire truck, then it would not be a path but a road. 0 -22- Page 1 of2 0 Courtney Bednarz "M'===~~' ,w"^"''''''''''''''''''""",',,,,''''''',,W',,'<''~'''''<''==0"~''' m"""""",,,.,,,,,,,,,,==~,,,,,,,',,',,==,",,,,"''',,,,,,,,,,,,~ From: Chris Stroner (cstroner@hotmail.com] Sent: Friday, April 18, 2008 7:27 AM To: Courtney Bednarz Subject: Fox Cove developement Mr. Bednarz My name is Chris Stroner and I am the owner of the residence at 3400 S Coon Creek Dr NW in Andover. I am sending you this email in response to a request for comments on the proposed Fox Cove project at the intersection of Round Lake Blvd and South Coon Creek Drive. Please include my comments in your report to the Planning and Zoning Commission and the public record. I purchased my house about 12 years ago and over the past 4 years (when not away on military deployments) I have spent considerable time and money completely remodeling the house. Although my wife also owns a house in Blaine, we decided to make the Andover house our home. We made this decision for many reasons, the most relevant are that the neighborhood is quiet and safe, the lots are large and uncluttered, and my neighbors are great. I have several concerns about the proposed Fox Cove project but in the interest of brevity I will address two of them. Firstly, it is my understanding that many of the proposed lots in the development are below the minimum zoning size requirements. While I understand the right of a landowner to develop their land, viewing the sketch plan leads me to believe that proposal is to maximize the number of town homes on the site. People do not move to 0 Andover to live in a crowded neighborhood, they move here to enjoy quiet roomy neighborhoods. I have been involved local city governments for over 15 years, and whether we want to admit it or not in 5 or 10 or 15 years, most of those town homes will turn to sub-rented property and what we will be left with is a high density rental area. I would not be in favor of a variance in the minimum lot size. Secondly, and most importantly to me, is the proposal to put an "access" road between my property and the property to the west (Ron Hoch 3426 South Coon Creek Drive). It is my understanding that the road is intended to be for emergency fire department access to the development and that it will be secured with a locked swinging gate. Obviously nobody would approve of a road being placed in their backyard, and the addition of a gate would prevent both my neighbor and I from accessing our back yards. When I purchased the property I was told I would always have access to the easement and in fact that if the property was ever sold the easement would be sold to Ron and/or I. As I stated previously, I understand a landowner has the right to develop their property but this is not a situation where Ron and I have enjoyed a vacant lot between our properties and not someone is going to build on it. It is a situation where a small strip of land runs between our houses and a road placed there would completely destroy the flow of both of our yards. The chances of the 60 foot entrance to the development being completely blocked at the same time as another emergency inside the development are remote at best. If the City Council still feels an additional emergency road is needed, I would propose that a much more appropriate place would be between lots 22 and 23 (as shown on the sketch plan). It would prove to be less intrusive on already established landowners as well as considerably cheaper to build. Additionally the area marked outlot A on the sketch plan is lowland and covered with water about 75% of the year, what effect that would have on the road is unknown to me, however it is unsuitable for building or even use as a park (not that there is any parking available for a park). I would invite any member of the commission or City Council to come to the proposed road site and look at the effect it will have on our already established homesites. Thank You for your consideration 0 ChrisStroner 651-783-2838 cstroner@hotmail.com 4/18/2008 -' &5'-- 000 ,~r;:',.~~'~:'n-' ,""~,"'.."oo",'-'n-",-",.. 6 --=-=.- -- - -- - I -- -- -- I _ I ~ - - ----:::.. r~ I . - ill '.,.""., ~r- ---I ___ .-. n' ; ~ ---- () o % n' ._. ;'> . ~~: "i:t;O:.:" ~,; j__ -,. "('f> ___ __ :~; -'" . .:.'.-,.... j "'-'.:..... -- ::::.~~.:,~:.- :';: ", .~. --:: r:r- /~'::' - - '::!.. :;: -- -- -- __ rT, "S-. -.{ ~':::~ n, N fT1 ~~ ~:l~~l~llR-~gg ~ ~ i'0! ~c"Soo~n'8lq ~ >' 0 ~ ~a..[~~ g..tg ;;;"":1:10 81 ~ ~8 ;'~~Q.~~.l:a!g~~.~ :::: u n=> g~ ~:g:~?;g' ;1:0. ~ ~~ I ...Q.~""l~"':}~g;i~~ . ~ Qf : ~~i[=::~i!:i . - .. g.g.J~'o~._n ~ ~g " 0:2'.h~~~~. ~: ~i~!~:~fi;~ir ~ ;:!~lij IS ~ o~~~~ ~~,. ;~~ n' . ~ ~o~ ~ ~ ~~.~:g~~':~i~ . ~ ~ ~~~ ~ g.':~~"~[~~:[ --j I ~ .. ~~. ~ i.~~:~h~~g.~ "':':-"":>:1 ...>->.... - ...{l..!!..:: ~~.. 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""i.,',.,'....,.!...."" ,.,;.. , <I":,'.," "'. . _"=>_ ' i "''' II !; Ii' I d ! i ~ i !', 'Ii !'''!!'i!i~I~!;;!JI!11 !: ':'!' .. '.- .. .. _ ":1 '" 'Ro&Ii "!!l!, ',-, , 1:. ,'::"" "".. -- . '___-=~=. RLK --::lI1l 'I , · , I " '. "=" :'"":":o'.\:::,.,. ~_ . _~ .. 0 _ _,_._~. , , I __ I" _ 0 _. ___ .H._.... l""""",,.,.~,,,,,, .~, ~m~ "on _~_._ FOX COVE, LLC,~/.jl:'lf!l""",~""",,: '/7<>'-'" "',.. R " """''" ':.:' "":': ... t of Government A L~t ~N 1399~~~th~~ St~~;~~.W.:::::uuun.n ,,'n.n.n Par T 32. R. 24. ANOI<.. Andover'443_0123 SEC- 29. , . n For: 763- SketLchk:18roSSingS Round a @ 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 FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: May 6, 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 - Administration/Community Development 3. Update on CIP Projects - Engineering/Administration 0 4. Meeting reminders - Administration 5. Legislative Topics - Administration 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 C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Items for May 6, 2008 City Council Meeting DATE: May 6, 2008 The City Council is requested to receive the following supplemental information. Discussion Items Item #9. Apri122, 2008, Planning Commission Minutes (Supplemental) - Planning lly submitted, '\ \ ~NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers - CC: Jim Dickinson, City Administrator Will Neumeister, Community Develop FROM: Courtney Bednarz, City Planne4 SUBJECT: Supplemental - April 22, 2008 Planning Commission Minutes DATE: May 6, 2008 INTRODUCTION The minutes.from the last Planning Commission meeting are attached. DISCUSSION These minutes contain public hearing information for several of the items on tonight's agenda. ACTION REQUESTED Please add the minutes to the materials for tonight's meeting. Attachment Planning Commission Minutes PLANNING AND ZONING COMMISSION MEETING - APRIL 22, 2008 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on April 22, 2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Michael Casey, Valerie Holthus, Douglas Falk and Dennis Cleveland. Commissioners absent: Commissioner Devon Walton. Also present: City Planner, Courtney Bednarz Associate Planner, Andy Cross Others APPROVAL OF MINUTES. April 8,2008 Motion by Casey, seconded by Kirchoff, to approve the minutes as presented. Motion carried on a 5-ayes, O-nays, I-present (Holthus), I-absent (Walton) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (08-05) TO ADD ADDITIONAL ANTENNAS FOR VERIZON WIRELESS TO EXISTING TOWER AT 13595 HANSON BOULEVARD NW. Chairperson Daninger stepped down from discussion and voting. Mr. Cross reviewed the staff report with the Commission. Commissioner Cleveland stated there were some changes, one was the lease with a sunset clause with a possible annual review and the other was the driveway. Mr. Cross stated this is standard with every Conditional Use Permit. The City was also looking at drainage issues because no drainage information was provided. Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 2 Commissioner Kirchoff asked if the utility building on site will have capacity for other cell phone companies to be co-located on the tower or in the building. Mr. Cross stated he would need to defer this to the applicant. Motion by Holthus, seconded by Casey, to open the public hearing. Motion carried on a 5-ayes,0-nays, I-present (Daninger), I-absent (Walton) vote. Motion by Cleveland, seconded by Casey, to close the public hearing. Motion carried on a 5-ayes, O-nays, I-present (Daninger), I-absent (Walton) vote. Mr. Jim Nelson, 122 East Golden Lake Lane, Circle Pines indicated he was at the meeting to represent Verizon Wireless and answer questions. Commissioner Holthus asked how often vehicles will go off and on the site. Mr. Nelson indicated that once the structure is built maintenance will be one to three times a month. Commissioner Kirchoff asked if other cell phone companies will be allowed to co-locate. Mr. Nelson stated the tower belongs to Anoka County and allowing other companies to occupy the tower would be up to them and any concerns regarding structural issues. He stated the use of the equipment shelter will only be for Verizon Wireless but there is space on the property for other companies can place another shelter. He stated some wireless companies use weather proof shelters that do not take up too much space but he did not know if technology is changing where they will see less of the shelters. Commissioner Kirchoff asked why they only want to go up 130 feet versus 300 feet. Mr. Nelson stated there are other antennae on there that the County is using. He stated 130 feet is not unusual and anything higher is not needed. Mr. John Todd, Communications Director for Anoka County was also at the meeting and in response to one ofthe previous questions, the tower was very heavily loaded before they built their 800 mhz radio system and would not support any additional carriers. Since their transition there would be additional capacity on the tower for additional carrIers. Commissioner Falk asked if in the future this site can handle more buildings. Mr. Cross stated it is a large site and can accommodate more buildings. Motion by Casey, seconded by Holthus, to recommend to the City Council approval of the Conditional Use Permit request. Motion carried on a 5-ayes, O-nays, I-abstain (Daninger), I-absent (Walton) vote. Mr. Cross stated that this item would be before the Council at the May 6, 2008 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 3 PUBLIC HEARING: VARIANCE (08-01) TO VARY FROM THE MAXIMUM DETACHED ACCESSORY STRUCTURE SIZE FOR PROPERTY LOCATED AT 13500 HIDDEN CREEK DRIVE. Mr. Bednarz discussed the staff report with the Commission. Commissioner Cleveland asked what the elevation drop was from the house to the street. Mr. Bednarz stated it did not show very well on the survey. He thought the applicant could answer that. Motion by Kirchoff, seconded by Falk, to open the public hearing. Motion carried on a 6-ayes, O-nays, O-present, I-absent (Walton) vote. Mr. Chad Erickson, 13500 Hidden Creek Drive made a presentation to the Commission regarding his application for a variance to vary from the maximum detached accessory structure size. Mr. Erickson felt he was unique to the ordinance because ofthe size of his lot is more than one acre compared to typical one quarter acre lots in the R -4 District. He stated he talked to his neighbors and he had eight signatures indicating their approval of this. One neighbor, next door to his did not like the plans. Mr. Grenz's concern was this would potentially lower the property value of his home because of this addition, based on a realtor's opinion but two other realtors disagreed. Mr. Erickson stated the structure would be located far into the backyard and would hardly be visible from the street. Mr. Erickson stated another concern of Mr. Grenz was the addition would be not being able to see the nature around him in his backyard but Mr. Grenz built his own structure directly behind his house so the view was already blocked. Commissioner Kirchoff asked why Mr. Erickson chose this particular spot in the yard. Mr. Erickson stated he wanted to go as far back as he can in his yard so his kids can play in the backyard and they can have a large green yard. He stated there is also a border for the wetland area which he cannot build into. Commissioner Kirchoff wondered if this could be moved closer to the house to the east. Mr. Erickson stated to do that he would be taking down a massive tree and there is also a big mound and would required a great deal of foundation work done. It would also be placed in the center of his yard ifmoved closer. Mr. Erickson stated ifhe were denied this he would build a 20x20 addition which would not serve his need. Commissioner Holthus wondered how they could get a vehicle to the back structure. Mr. Erickson stated the building would store his A TV's and not cars. Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 4 Commissioner Holthus wondered if Mr. Erickson would have any part of his business in the back structure. Mr. Erickson stated he does have a home based business with no employees. He stated he does not house any material on the property and does not have any seminars or teachings, customers do not come to his house, and it is all outside sales. Ocassionally an installer will come by and receive a check. Chairperson Daninger asked if there will be any tree removal in the area requested. Mr. Erickson stated there would be one small tree that would need to be removed. Chairperson Daninger asked how far down the property slopes down towards the creek. Mr. Erickson stated he can go down a maximum of fifteen feet from the benchmark and the structure would be well above that point. He anticipated the gable will be seen from the road but nothing else. Chairperson Daninger asked in the three car garage, what is being stored in the first stall. Mr. Erickson stated a vehicle could not be parked in the first stall because it is too short and partially occupied by part of the home. Motion by Kirchoff, seconded by Casey, to close the public hearing. Motion carried on a 5-ayes, O-nays, O-present, I-absent (Walton) vote. Commissioner Cleveland asked for information on the standard practice they use for granting a variance. Mr. Bednarz reviewed the Code with the Commission. Commissioner Kirchoff stated they have an ordinance called the "Mother-in-law structure" and he wondered if this would apply here. Mr. Bednarz stated the City does allow guest houses and there are additional requirements that apply to those. Commissioner Kirchoff asked if there is a size limit to those. Mr. Bednarz stated the size regulations are the same as for an accessory structure. Commissioner Holthus asked if the building two houses down was a two car garage. Mr. Erickson stated itwas a 28x26 structure. Commissioner Holthus wondered if there were other structures like this in the area. Mr. Bednarz stated he was unsure ofthe number of detached garages in the neighborhood. Commissioner Holthus thought they should stick to the code. Commissioner Casey did not see a need for a variance. Commissioner Cleveland agreed. Commission Falk thought they should abide by the code because he did not see a hardship. Commissioner Kirchoff stated he was a fan of the larger garages but could not see a hardship. Chairperson Daninger agreed with the rest of the Commissioners. He stated there were reasons why they changed this Code in 2005. Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 5 Motion by Falk, seconded by Kirchoff, to recommend denial of the variance to vary from the maximum detached accessory structure size for property located at 13500 Hidden Creek Drive. Motion carried on a 6-ayes, O-nays, O-present, I-absent (Walton) vote. Mr. Bednarz stated that this item would be before the Council at the May 6,2008 City Council meeting. PUBLIC HEARING: RESIDENTIAL SKETCH PLAN FOR A SINGLE FAMILY DEVELOPMENT LOCATED SOUTHEAST OF THE INTERSECTION OF ROUND LAKE BOULEVARD NW AND SOUTH COON CREEK DRIVE. Mr. Bednarz discussed the staff report with the Commission. Commissioner Holthus asked on the sketch plan where the emergency access plan is she noticed the word park and wondered why it would say that. Mr. Bednarz stated this area would not be counted toward park dedication. Commissioner Kirchoff wondered if there would be a breakaway design on the emergency access. Mr. Bednarz did not think there would be a breakaway but it would be constructed to limit vehicle access to emergency vehicles. Commissioner Kirchoff wondered what the restrictions were in a five hundred year flood plain. Mr. Bednarz explained that the city and FEMA allow construction within the 500 year floodplain. Motion by Kirchoff, seconded by Casey, to open the public hearing. Motion carried on a 6-ayes, O-nays, O-present, I-absent (Walton) vote. Mr. Ronald Hoch, 3426 South Coon Creek Drive, stated one of the concerns he had was security and privacy of his home. Another concern he had was this area was surrounded by many trees and in the past storms have blown down trees that may block this access. He thought many trees would be lost if an access were put in. He wondered if it made sense to have a one hundred foot long emergency access. Another issue he has is his home along with other homes in the area has a lot of property and the proposed development will have smaller lots which will be a negative for him and his neighbors. He explained how low the surrounding ground is and unusable and did not think that it should be used to determine total acreage .in order to put more buildings on the higher ground. He submitted a letter to the Commission. Ms. Vicki Swanson, 3455 142nd Lane West, stated her property backs up to the wetland area. She had concerns with the property value and thought the smaller lots will bring the value down. She was also concerned about the size of the units being built and how they may remain vacant. She saw traffic as an issue. Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 6 Mr. Dan Hanson, 3511 142nd Lane, stated one concern was the lot size and setback ofthe homes. He asked if they strictly stuck to the R-4 Zoning how many homes would be allowed. Mr. Bednarz stated he believed 18 to 20 R-4lots could be achieved. Mr. Virgil Rasmussen, 14241 Quay Street, stated his concern was the wetland area and the wetland is a low spot in the area without any outlet that he knows of. All the drainage in the area comes down into his yard and travels to the wetland. He stated he has noticed over the years that his yard is taking longer to dry out and the wetland is filling up with sediment from the street. He believed the wetland was where the water table was located at. He believed the City will have to do something with that area to maintain drainage for the surrounding area. Mr. Don Bengry, 14249 Quay Street N.W., stated he was concerned about the size ofthe lots that will be put in the development. He thought this will reduce the values of the surrounding homes. He was against an exception being made for a reduction of the size of lots. He also noted that there were many different types of animals there which would be destroyed and he thought the City needed to consider keeping some green areas in the City. Ms. Kimberly Carr, 3511 142nd Lane, stated they purchased their home because of the area behind them and the trees. She stated the lots behind her home are all smaller than what her lot is and did not know why this would be allowed in this area. Mr. Bill Swanson, 3455 142nd Lane, stated the wetland is an important place for water runoff and he also wondered where the kids were going to play in the area because this has always been an area where kids can go and play. Mr. Paul Ekstrom, 13796 Holly Street, stated he was a realtor and the property the applicant will be talking about is raising and developing the property. He stated they also needed to consider the existing homes in the area because a lot of the homes are in need of extensive remodeling. In looking at the R-4 variance, the applicant will talk about the types of homes going in there. He stated being a realtor there are very few detached townhomes in Andover and there is a need for these types of homes in the area. The tax base will create income to the City with allowing this development. He thought this is something very refreshing at this time and would help the home market. Ms. Kimberly Carr stated she was confused because in the City of Andover there were forty-seven townhomes listed on the Edina Realty website. She did not know if they were detached or not. Mr. Joe Demaio, 3447 South Coon Creek Drive, understood there were several sites in Andover that people do not want to have developed but he thought they should stay with their standard set of subdivisions and keep it at the R -4 level and they should not vary off of that. He stated they have many homes in foreclosure and he did not see how adding more detached townhomes or homes in this area help them. He stated he was vehemently Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 7 opposed to the emergency access on South Coon Creek Drive and would rather have it on Round Lake Boulevard or other controlled intersection. Mr. Ron Nordeen, 13994 Heather Street N.W., stated he represented himself as the owner of the majority ofthe property. He stated his family is currently moving into the existing home on Round Lake Boulevard. He stated part of the trade off with building this development is to close off all of the dangerous entrances on Round Lake Boulevard. Mr. Nordeen made a presentation to the Commission regarding the development. Chairperson Daninger asked Mr. Nordeen how many lots it would be if it were a standard R-4 Zoning. Mr. Blatman, Hedburg Homes along with Mr. Lyle Reynolds, RLK Engineering was at the meeting to answer questions. Mr. Reynolds stated they looked at a number of plans for this development that would fit into R-4 Zoning and tried to fit in streets to serve standard lots. One obstacle they come up against is they have a single access and in order to cover the R -4 Zoning they would end up with two cul-de-sacs and at least one of them would exceed the maximum allowed by the City. They also tried another plan which included double frontage lots resulting in the reduction of the number of lots but they found them unacceptable. They felt the current configuration was more appropriate, giving them looped streets with more frontage and allowing them to back some properties up to the wetland but not infringe on the wetland. He stated they were looking at between 18 and 24 lots in the configurations but did not explore them in detail. Chairperson Daninger stated safety was something the developer was trying to plan into this project and he wondered what else the developer was going to plan for in the PUD. Mr. Nordeen stated there will be adequate screening and buffering from this development to the surrounding properties which will include the area along Round Lake Boulevard. He stated their arborist told them that most of the trees within that development are low quality or blown over in previous storms. There are some quality oaks that could be saved and a plan will be submitted for that. The developer discussed with the Planning Commission the potential PUD plan. Mr. John Blatman stated they did look at cul-de-sac in the beginning but they ended up with lots that would have the front side of the housing facing the back of another house and they did not think they were marketable and that the City would allow that either. He stated the largest unit will be 52x52 and will go down to 46 feet wide, they would propose six different types of homes in the development with variations in the design of the units. Motion by Falk, seconded by Casey, to close the public hearing. Motion carried on a 6- ayes, O-nays, O-present, I-absent (Walton) vote. Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 8 Commissioner Falk asked on Round Lake Boulevard will turn lanes be put in at the entrance. Mr. Bednarz stated the Highway Department comments would include that. Commissioner Cleveland stated he had a concern with the setbacks because they are a lot smaller than other neighborhoods. He noticed they have done this a lot of times with the townhomes in Andover when doing PUD's. He stated this would not be an unusual situation and singling them out. He thought the lots were larger than what was approved by the City in past PUDs. Commissioner Kirchoff stated his concern was making sure the outer perimeter had adequate buffering for other neighbors in the area. He stated he liked the concept of a PUD and that this would be a new neighborhood unto itself. He thought there was a significant difference between townhomes and detached townhomes and supported this concept. Chairperson Daninger stated there was a lot of citizen concern about the emergency access. Commissioner Kirchoff understood it was necessary for fire access but he did have concerns for the existing property owners. He thought it was necessary and was needed and would not be used by residents. Commissioner Holthus stated they need that access because the County will not allow another access on Round Lake Boulevard. Commissioner Cleveland wondered if the developer has talked to the neighbors about sharing the area where the emergency access is shown. Mr. Nordeen stated he has talked to the two property owners and hoped things could be worked out. He stated they agree with the two property owners that the emergency access not be there because the emergency vehicles would be able to drive over the land from Round lake Boulevard to get to the development if needed without making a trail. He stated the trail will be maintained by the association. Chairperson Daninger stated there was some very good input from a neighbor and he would be open to look at other options because the length of the emergency access may open up some different avenues. He thought they have allowed long cul-de-sacs in the City without a second access. Commissioner Kirchoff agreed and stated he did not have a problem with not having this access. Chairperson Daninger stated another thing is that the main access is so short and the emergency access is long and the area they would need to go through to access the development. He did not like to go against the recommendations of the Fire Department but thought the emergency access may not be needed. Chairperson Daninger asked if any Commissioners had a problem with the number of 10ts. Commissioner Kirchoff stated he did not have a problem with the number of lots. Commissioner Casey concurred and stated it stands alone as a PUD. He stated this meets or exceeds most of the PUD qualities they have. Commissioner Falk agreed. Regular Andover Planning and Zoning Commission Meeting . Minutes - April 22, 2008 Page 9 Commissioner Holthus thought the setbacks were too short and she would like to see more land between the homes and the street and in order to accomplish that they would need to take away some of the lots. Commissioner Cleveland agreed and said there are not a lot of options besides shortening backyards. He stated he did not like the emergency access at all but if the County will not allow another access he would like to see staff explore longer cul-de-sac's and see how this would work without the emergency access. He stated he would rather have the emergency access stay and have the area developed than leave the area the way it currently is. Chairperson Daninger recapped the Commission's thoughts for the developer and audience. Mr. Bednarz stated that this item would be before the Council at the May 6,2008 City Council meeting. PUBLIC HEARING: VARIANCE (08-02) TO VARY FROM THE SIDE YARD SETBACK REQUIREMENTS FOR PROPERTY LOCATED AT 2363 VETERANS MEMORIAL BOULEVARD NW. Mr. Bednarz discussed the staff report with the Commission. Commissioner Kirchoff asked if the property to the north was outside of the MUSA and not set at anytime soon to be included in it. Mr. Bednarz stated that was correct. Motion by Kirchoff, seconded by Casey, to open the public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Walton) vote. Mr. Brian Parent, 9040 159th Lane, Ramsey, applicant, thought everything was explained well except for the hardship. He stated the farm road impacts the lot and makes it a hardship and hard to be marketable. He stated if they were given the variance they would be able to build a larger house which would impact the area positively. Motion by Cleveland, seconded by Casey, to close the public hearing. Motion carried on a6-ayes, O-nays, I-absent (Walton) vote. Commissioner Kirchoff liked this and supported it. Commissioner Cleveland agreed and thought it would be nice to see this in the neighborhood. Chairperson Daninger asked when the farm road will be gone. Mr. Bednarz stated there will not be a farm road when the farm is no longer there. Chairperson Daninger asked what the cause and effect is on this variance. Will they see another one like this. Mr. Bednarz did not recall seeing another urban comer lotwith a setback dictated by an adjacent rural lot. Regular Andover Planning and Zoning Commission Meeting Minutes - April 22, 2008 Page 10 Motion by Casey, seconded by Holthus, to recommend to the City Council approval of the variance to vary from the side yard setback requirements for property located at 2363 Veterans Memorial Boulevard NW. Motion carried on a 6-ayes, O-nays, a-present, 1- absent (Walton) vote. Mr. Bednarz stated that this item would be before the Council at the May 6, 2008 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Falk, seconded by Casey, to adjourn the meeting at 9:36 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Walton) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: President & EDA Board Members FROM: Jim Dickinson, Executive Director SUBJECT: Supplemental Agenda Item for May 6, 2008 EDA Meeting DATE: May 6, 2008 The EDA is requested to receive the following supplemental information. Item #4. Discuss Frontage Road Reconstruction (Supplemental) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: EDA President and Board CC: Jim Dickinson, Executive Director FROM: Will Neumeister, Director of Community Development wi- SUBJECT: Discuss Frontage Road Reconstruction (Supplemental' DATE: May 6, 2008 INTRODUCTION The attached letter was received after the staff report was sent out. ACTION REQUESTED The EDA is asked to review the letter received from Charles Peterson, Kottkes Bus Company, and have it entered into the record. Attachment Letter from Charles Peterson (Kottkes Bus Co.) KOTTKES' BUS SERVICE, INC. 13625 JAY ST NW ANDOVER MN 55304 763-755-3100 Mr. Will Neumeister Community Development Director 1685 Crosstown Blvd NW Andover, MN 55304 May 5, 2008 Dear Mr. Neumeister: Kottkes' Bus Service, Inc. is open to discussion about the proposed "improvement" to the service road located between Jay St NW and Grouse St NW just South of Bunker Lake Blvd NW and to the possibilities of an assessment charge to us. We would have to be assured that the cost of the assessment would be fair and proportionate to Kottkes'. We would also have to be assured that the cost of the assessment would be a monetary benefit to the land value of the undeveloped land we own adjacent to the new proposed service road. We also would have to have the maximum time frame to pay the assessments if approved. This letter does not make any commitment to the proposed "improvement" of the service road; it only states that we are open to discussions about the proposed change. Sincerely, M~ harles M. Peterson President/Owner Kottkes' Bus Service, Inc.