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Home My WebLink AboutCC April 21, 2009 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, April 21, 2009 Call to Order -7:00 p.m. Pledge of Allegiance Proclamation - Arbor Day Resident Forum Agenda Approval 1. Approval of Minutes (4/7/09 Regular; 4/14/09 Workshop) Consent Items 2. Approve Payment of Claims - Finance 3. Award Bidl09-11/Water Treatment Plant Expansion Phase One (Procurement of Plate Settler Equipment)- Engineering 4. Declare Cost/Order Assessment Roll/05-43/Hanson Boulevard NW Frontage Road - Engineering 5. Approve Therapeutic Massage Therapist License - Administration 0 6. Accept Petition/Order Feasibility Report/09-22/Bunker Lake Blvd. NW Frontage Road/Jay Street Realignment - Engineering Discussion Items 7. Anoka County Sheriffs Department Monthly Report - Sheriff 8. Consider Awarding Bidl08-37/15ih Avenue NW Reconstruction (MSAS 102) - Engineering 9. Discuss Hawkridge Park Improvements/09-18 - Engineering 10. Consider VarianceIMaximum Accessory Structure Square Footage/3443 135th Ave. NW - Planning 11. Public Hearing/Vacation of Easement /Lots 5 - 9, Block 1, Woodland Crossings - Planning 12. Consider Preliminary Plat and Planned Unit Development /Woodland Crossing 2nd Addition - Planning 13. Consider Conditional Use PermitlPublic Utility Improvements/15920 7th Ave. NW & 14361 7th Ave. NW.- Planning 14. Consider City Code Amendment/Changes to City Code 12-2-2 Definitions, 12-8-6 Conditional Use Permit for Exterior Storage, 12-12 Table of Permitted, Conditional & Prohibited Uses, 12-13-3 Exterior Storage, and 12-13-5 Screening - Planning Staff Items 15. Schedule May Workshop - Administration 16. Administrator's Report - Administration Mayor/Council Input Adjournment 0 CITY OF ANDOVER PROCLAMA TION Arbor Day WHEREAS, the City of Andover realizes the many benefits trees have to offer; and WHEREAS, trees beautify our environment, provide shade, provide oxygen to the air, filter storm water, prevent erosion, provide habitat for wildlife and help conserve energy; and WHEREAS, the City of Andover understands the importance of planting trees; and encourages those that reside in the City to plant them. NOW THEREFORE, BE IT PROCLAIMED that Friday, April 24, 2009 is Arbor Day in Minnesota. ?I1icliaeC ~ qamaclie, ?I1ayor City of jlnaover CD 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: Michelle Hartner, Deputy City Cler SUBJECT: Approval of Minutes DATE: April 21, 2009 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: 0 April 7, 2009 Regular Meeting April 14, 2009 Workshop DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, "-fl~~ell cU~ Michelle Hartner Deputy City Clerk 0 Attach: Minutes o~ 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING -APRIL 7,2009 7 MINUTES 8 9 10 The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Acting Mayor 11 Julie Trude, April 7, 2009, 7:10 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight 15 Absent: Mayor Mike Gamache 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 d~ PLEDGE OF ALLEGIANCE 24 25 26 RESIDENT FORUM 27 28 State Representative Peggy Scott updated the Council on items going on at the State Capital. One 29 item she discussed was the Rural Residential District Speed Limit Bill. 30 31 32 AGENDA APPROVAL 33 34 Add Item 12A, (Consider Approval/Extending Liquor License to include the patio at Beef 35 O'Brady's) and move Approval of Minutes to item 12c under discussion items. 36 37 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion 38 carried unanimously. 39 40 41 APPROVAL OF MINUTES - MOVED TO END OF MINUTES 42 43 This was moved to the discussion items because of a large audience. 044 45 46 CONSENT ITEMS 47 48 Item 2 Approval of Claims 0 Regular Andover City Council Meeting Minutes - April 7, 2009 Page 2 1 Item 3 Approve Joint Powers Agreement with City of Ham Lake for Maintenance of 2 University Avenue, North of 177th Avenue NW 3 Item 4 Approve Plans & Spaces/Order Advertisement for Quotes/09-32/2009 Crack 4 Sealing (See Resolution R027-09) 5 Item 5 Accept Contribution! Andover Huskies Youth Hockey Association! Andover YMCA 6 Community Center (See Resolution R028-09) 7 Item 6 Appoint Community Center Advisory Commission Commissioner 8 Item 7 Approve Temporary Work Space Permit for Northern Natural Gas 9 Item 8 Adopt Resolution Setting Annual Income Level for Senior Citizen and Disabled 10 Individuals for Deferral of Assessment & Reduced Sanitary Sewer Rates (See 11 Resolution R029-09) 12 13 Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried 14 unanimously. 15 16 17 CONSIDER A WARDING BID/09-2, 2009 STREET RECONSTRUCTION & 09-8,2009 CURB, 018 SIDEWALK & PEDESTRIAN RAMP REPAIRS 19 20 The City Council is requested to receive bids and award the contract (base bid and alternate bid) for 21 Project 09-02,2009 Street Reconstruction and Project 09-08, 2009 Curb, Sidewalk & Pedestrian 22 Ramp Repairs. 23 24 Mr. Berkowitz reviewed the information with the Council and residents. 25 26 Acting Mayor Trude stated the Worthington Family, 2022 175th Lane, sent a letter and a number of 27 their questions were answered in the staff report. She stated a lot of people have wondered why the 28 City is using concrete curb and she wanted to note that concrete curb is the new standard for 29 Andover and most communities in the Twin Cities metro area. 30 31 Councilmember Jacobson stated in the memo there are at least three references to storm sewer and he 32 thought that may give the wrong impression to people because he thought staff was referencing only 33 storm water. Mr. Berkowitz stated the misunderstanding is the word sewer and people relate that to 34 sanitary sewer but in this case storm sewer refers to storm water drainage. 35 36 Councilmember Jacobson asked where the sidewalk will be located. Mr. Berkowitz stated there is 37 not a sidewalk as part of this project. This project involves two different project numbers and two 38 different styles of projects. The street reconstruct does not include any sidewalks, the sidewalk 39 portion is miscellaneous portions of sidewalk that are damaged and need to be repaired throughout 040 the City. 41 42 Councilmember Knight asked what the results were of the public hearing. Mr. Berkowitz stated the 43 public hearing was held at a regular Council meeting and people did get up and speak, some were in 44 favor and some were not. 0 Regular Andover City Council Meeting Minutes - April 7, 2009 Page 3 1 2 Councilmember Bukkila asked what the primary problem is with the street. She stated she drove the 3 neighborhood and the intersection seemed to be the most problematic areas. The side streets did not 4 look like they were in as desperate need, but potholes were the most obvious, visible sign for repair. 5 She wondered why this was happening in certain areas and not others. Mr. Berkowitz stated what 6 cannot be seen when driving the road is the alligator cracking which indicates a subsurface problem. 7 Once this occurs the bituminous has failed and is time to replace that surface. 8 9 Councilmember Bukkila stated she received an email today about some concern over the use of 10 concrete curbing versus the existing bituminous and she thought there was a misconception as to 11 what kind of concrete curbing it is being proposed. She asked what the difference was. Mr. 12 Berkowitz reviewed the different types of concrete curbs and the benefits of each. 13 14 Mr. Mark Pitman, 2023 175th Lane, stated the Council will be voting on this contract tonight and 15 what he has observed in the intersection Councilmember Bukkila talked about is the crown for that 16 intersection that would move the water off the road has not been present for as long as he has lived in 17 the neighborhood. What has happened is the water collects in the middle of that intersection and 018 exasperates the problem. He thought the process for this project at times has been conducted in haste 19 to try to get it done and he thought the Council has missed some opportunities to ask some quality 20 questions regarding this project. He stated he was curious that the plan was approved on February 21 17,2009 as a consent item since the public schedule for the plan for approval was March 3, 2009. 22 He stated the Council and City Engineer emphasized during the public hearing that that was the date 23 it would be presented complete to the Council. 24 25 Mr. Pitman wondered why they are making such a significant and substantial change to the 26 infrastructure of their neighborhood. Their neighborhood is considered a low impact development 27 (LID) by the Minnesota Pollution Control Agency. He stated their roads are 23 years old without a 28 storm sewer with only two culverts. There is only one catch basin in the entire neighborhood. He 29 believed if they provided quality, well thought out plans they could add two plus more years life 30 expectancy to their roads. He stated the City is talking about making this major infrastructure change 31 to their neighborhood and he wondered what is going to change in the runoff and is the quality ofthe 32 water going to change. Acting Mayor Trude stated that is an engineering standard response that they 33 cannot increase the runoff amount in a development but they can control it and she understood that 34 when he came to the podium two months ago there was concern about certain low areas and areas 35 that do not drain well. She stated she did not understand why they have so many catch basins but the 36 neighborhood is having problems with drainage which has lead to the destruction of their road before 37 time and they have not had a problem with the quality of the engineering standards that have been 38 following in the community so she did not think it was necessary to look at each ofthe catch basins 39 and evaluate them at this evenings meeting. 040 41 Mr. Pitman stated he was concerned about the water quality after the road is reconstructed and he 42 wondered if they could get a hydrological modeling report done and some pollutant reports done. 43 Acting Mayor Trude did not think the neighborhood would want to pay for those. 44 0 Regular Andover City Council Meeting Minutes - April?, 2009 Page 4 1 Mr. Pitman wondered if the City would be willing to talk to the people of the neighborhood to see 2 what they would want. He asked the Council to put a hold on this and get the neighborhood together 3 to see what they would want. 4 5 Mr. Berkowitz reviewed with the Council and residents the Storm Water Pollution Prevention 6 Program and the process to get the project to this point. 7 8 Acting Mayor Trude stated the biggest problem she sees is they have a road that was built with the 9 standards twenty-five years ago and they have to rebuild that road to fill the same space and put the 10 curbs back on it. She thought the type of planning that would be required to be most 11 environmentally friendly would be to rip curbs out and have the front yard serve as the drainage area 12 and then they would have to reengineer the whole project and it would be harder to do it on a retro- 13 fit. She stated they were not going to debate the standards they currently have in place but they are 14 continually looking at their policies and how they should do things in the future for the most cost 15 effective way. If they are interested in hiring a hydrologist they can request this and this could come 16 back next year. 17 018 Mr. Tom Nielson, 2211175th Lane, stated the road in front of his house is falling apart and needs to 19 be repaired. He could not imagine how repairing a road could change the amount of water they will 20 be getting in the storm sewer. 21 22 Acting Mayor Trude asked ifhe would be in favor of holding off the project and hiring a hydrologist. 23 Mr. Nielson stated he would not and thought this was a good bid, quite a bit below the estimated 24 cost and he would like the City to do this before the bid cost increases. 25 26 Mr. Nielsen stated Mr. Pitman is worried about his daughter and he thought Mr. Pitman could be 27 reassured that changing the road and putting concrete gutters in should not put anymore nutrients in 28 the water than they already get. He wanted the City to repair the road and take care of it. He thought 29 it will be a better looking road and could not imagine there will be more nutrients put in the soil than 30 what it already has. 31 32 Mr. Craig Secard, 17604 Partridge, stated he works for a company that has had to do MPEDS 33 reporting for years and if the project happens they will have better run offthan what they have now. 34 Right now they do not have a clue as to what is going into the ground water. He stated he was in 35 favor of getting this project done and he understood this is a low bid with low interest. He stated he 36 was not in favor of going back to ditches because he has four hundred feet of trees that will get 37 destroyed. He is not in favor of doing engineering studies because that will take time, money and 38 will probably delay the project until next year. He would like to see this project go forward. 39 040 Mrs. Penny Worthington, 2022 17ih Lane NW, stated that she was concerned about the concrete 41 curb and in these economic times people are already strapped and the cost of this project will be 42 making it worse for families. She asked how the assessment will improve the value of her home. 43 City Attorney Baumgartner stated anytime they-do a public improvement surrounding a property it 44 will improve the value of the home. 0 Regular Andover City Council Meeting Minutes - April 7, 2009 Page 5 1 2 Ms. Worthington asked about the interest rate and how they came up with the amount. Mr. 3 Dickinson reviewed how an interest rate is calculated on an assessment. 4 5 Ms. Worthington thought the concrete curb would take away the appeal of the neighborhood and 6 take away the rural feel that they love. Councilmember Knight stated one of the big issues was with 7 snow plowing. 8 9 Ms. Worthington stated she still did not understand the assessment and how with property values 10 going down it will improve the value. She wondered if it would hurt to wait another year to see what 11 the economy does. Councilmember Jacobson stated there are pluses and minuses to delaying a 12 project for a year, but the cost could very well go up. 13 14 Motion by Jacobson, Seconded by Bukkila, to approve the resolution accepting bids and awarding 15 the contract for the base and alternate bids to Rum River Contracting Co., in the amount of 16 $693,118.25 for Project 09-02, 2009 Street Reconstruction and Project 09-08, 2009 Curb, Sidewalk 17 & Pedestrian Repairs because they have a very good bid environment and a very low interest rate, 018 some donated materials that have lowered the cost, apparently because of some of the people that 19 have come to the meetings residents are generally in favor of this as presented, it follows the policies 20 developed by the City over several years, and the project will meet the Federal guidelines for water 21 quality. 22 23 Mr. Pitman submitted an email from another resident in the neighborhood that was sent to City Staff 24 which he has not heard a response from. Mr. Dickinson stated his email address is correct on the 25 document submitted but he did not recall receiving this, but would respond to the resident. 26 27 Acting Mayor Trude stated they have another email that was submitted as a comment to this project 28 with a concern about the costs so they do have information that there are people who have submitted 29 objections to the cost and a couple who have spoken about it. 30 31 Motion carried unanimously. (Resolution R030-09) 32 33 34 CONSIDER DECLARING DANGEROUS DOG 35 36 The City Council is requested to consider adopting the attached resolution declaring the Pit 37 Bull/Boxer Mix a dangerous dog and order the owner to comply with the requirements of the staff 38 report. 39 040 Mr. Dickinson reviewed the information with the Council. 41 42 Councilmember Jacobson stated he has read all of the reports and under the State definition of a 43 dangerous dog under Item C: "A dog is found to be potentially dangerous", which this dog has 44 already, "and after the owner has been notified that the dog is potential dangerous", which they have, 0 Regular Andover City Council Meeting Minutes - April 7, 2009 Page 6 1 "the dog aggressively bites, attacks", which the dog has not done, "or endangers the safety of humans 2 or domestic animals". That is the definition of a dangerous dog and if he takes out the biting and 3 attacking the only item left is endangering the safety of humans and in reading the reports he 4 wondered if the last line ofthe State definition what they have to prove. City Attorney Baumgartner 5 stated he has seen the police reports and spoken to Mr. Dickinson and raised the same questions and 6 concerns based upon the police report and having seen hundreds of police reports he knows they are 7 not always filled with as much detail as they need. Based upon what is in the report he would like 8 some supplement himself and he thought Mr. Dickinson indicated there are neighbors at the meeting 9 to provide additional testimony to explain or at least fill in what mayor may not be missing from the 10 police report. To determine whether or not they endanger the safety of humans is subjective, yet he 11 thought the Council could look at the history of the dog and what type of propensity that animal has. 12 If it was a onetime occurrence it may not be enough but if they have a repetitive pattern with the 13 same dog and that pattern in the past has shown some question about safety he thought the Council 14 could take that in combination with the current offense. 15 16 Councilmember Jacobson thought they needed to hear from the public. Councilmember Knight 17 thought there were other things this type of dog can do without biting. They can make a person feel 018 very uncomfortable standing near it so he thought that should be part of what a dangerous dog is. 19 City Attorney Baumgartner agreed with that to a certain extent but he thought people have different 20 opinions and are afraid of different things so he suggested they take into consideration what the 21 community" is afraid of in combination with the past propensities of this certain animal. 22 23 Mr. Ken Halverson, 14463 Hummingbird Court, stated the dog was photographed by him outside the 24 front door of his home. He showed the photo ofthe dog at his front door. He stated the dog chased 25 him into his home and he ended up in the emergency room with an angina attack as he does have 26 heart problems. He stated the dog attacked both himself and his wife. He stated a neighbor of his has 27 had to defend himself from the dog with a shovel twice. He stated this is a dangerous dog. 28 29 Acting Mayor Trude asked if Mr. Halverson called the Police Department. Mr. Halverson indicated 30 he did two times. 31 32 Mr. Michael Keeton, 5250 Annapolis, Minneapolis, brother to the dog owner, stated he has known 33 the dog for approximately a year and these kinds of dogs are not born to attack. He stated there is no 34 concrete proof of any type of attack that anyone has encountered with this specific dog's history. He 35 would like to look towards the lines of getting the dog licensed to ensure it is under control or to give 36 the owner enough time to move to a different location outside of Andover. Acting Mayor Trude 37 thought the last option was the only one left since the other options have been tried. He stated the 38 dog would not have any intention of biting anyone. He has seen the dog with small children but did 39 indicate the dog is very energetic. 040 41 Councilmember Jacobson asked why the homeowner was not at the meeting. Mr. Keeton stated the 42 owner was out ofthe State at a meeting for her job. 43 44 Councilmember Jacobson asked if the dog has been licensed. Mr. Dickinson stated as of this 0 Regular Andover City Council Meeting Minutes - April 7, 2009 Page 7 1 afternoon there has not been any license taken out. 2 3 Councilmember Bukkila asked what the problem was with maintaining control of the dog. Mr. 4 Keeton stated the dog is very rambunctious and when a door is open the dog will run and play. 5 6 Councilmember Bukkila stated with the Code 5-1A-ll it refers to a dangerous dog, it does not 7 mention anything about a potentially dangerous dog, so does a potentially dangerous dog have to 8 meet all the requirements that are listed in here from the get go or are they a step below this yet. City 9 Attorney Baumgartner stated as a potentially dangerous dog they are a step below that. Once they 10 reach the status ofthe dangerous dog and by Statute certain mandates come in and when they redid 11 the code they followed those mandates. 12 13 Acting Mayor Trude reviewed the next step the Council needs to take. Councilmember Bukkila 14 stated she was not sure if she was ready to go the dangerous dog route. She thought it was definitely 15 a nuisance and the owner has trouble maintaining and handling the dog. She felt for Mr. Halverson's 16 situation. 17 18 Mr. Paul Demoral, 14469 Hummingbird Court, stated he lives next door and shares a common wall 019 with the owner. He stated he has had no direct experience with the animal "attacking him" but his 20 wife is afraid to go outside at night and he has been personally afraid ofthis dog until he has seen it 21 has been on a collar. He stated he is a dog person, but this dog scares him when he sees it and he 22 thought that waiting to classify this dog as a dangerous dog until it attacks someone is the wrong 23 move because an animal is very dependent on its owners. Looking at the history, the owner moved 24 in last June or July and his family has had continual problems with them and their failure to police 25 this animal from a care and barking standpoint, things of this nature and that is where all the noise 26 complaints have come from. It is not pleasant living there and being woken up in the night, which 27 tells him there is a history of neglect on the owner's part, which is not going to bode well for an 28 animal of this breed or nature. He thought the next steps need to be taken. 29 30 Councilmember Knight did not think they needed to wait until the dog attacks someone and the dog 31 owner has not even come in for a license. Councilmember Bukkila did not deny Mr. Demoral's 32 concerns and he was correct about owner responsibility and the fact that the owner is not at the 33 meeting shows the lack of concern. On the other hand she did not think they should label the dog a 34 dangerous dog because it has been neglected. She wondered if it would be threatening if it was 35 another breed of dog. Mr. Demoral stated there are three pit bulls within less than a block so the 36 issue is not the breed; the issue is this particular animal. 37 38 Councilmember Bukkila asked if there is something else they could do to get the dog licensed 39 besides issuing citations. Mr. Dickinson indicated that is about all he could do at this point. City 040 Attorney Baumgartner stated there is an abatement of nuisance conditions under 5-1a-17 that talks 41 about if there are three or more violations of this article for a nuisance. He thought they were at that 42 point but he did not think the notice that went out about this hearing today talked about abatement 43 for a nuisance, it talked about a classification of this dog as a dangerous dog. They do have that as 44 an additional arsenal to abate the problem if there is an additional nuisance. The abatement could be 0 Regular Andover City Council Meeting Minutes - April 7, 2009 Page 8 1 anything from destroying the animal to having it removed from the City or any other conditions the 2 City may suggest. He thought in reading this and listening to the testimony, the concern would be 3 from a legal liability standpoint. If the Council feels it is not a dangerous dog and just a nuisance and 4 the dog would bite someone, he would have some serious concerns that may potentially open up the 5 City to a potential lawsuit. 6 7 Motion by Jacobson, Seconded by Knight, to adopt the attached resolution declaring the Pit 8 Bull/Boxer Mix a dangerous dog with one change under the Fourth Whereas, at the end of the 9 sentence add: "and Council has received testimony this evening from residents saying they were 10 fearful of the animal on several occasions and the owner has not responded to repeated notifications 11 of the City." 12 13 Acting Mayor Trude thought the whole incident of the hospitalization was just egregious to her and 14 thought the wording should be a little stronger. Councilmember Jacobson thought ifthe resolution 15 passed the owner will have to do several things that they will not like. 16 17 Ms. Schawna Layland, 14473 Hummingbird Court, stated she lived at the residence and understands 018 all the comments that have been made, however she has lived with the dog since they have been at 19 the townhome. The owner is in Iowa for business until Thursday and that is why she could not 20 make it to the meeting. To respond to the statement about the dog barking and living next door. The 21 reason why the dog barks is because they can hear the neighbors talking in the next townhouse so 22 when the owner is gone she will have the dog sleep in her room so the dog does not bark and disturb 23 the neighbors. She stated it is a dog and will bark when they hear things. 24 25 Councilmember Trude asked why the dog does not have tags and does it have its shots. Ms. Leland 26 stated the dog does have all his shots and she did not know why the owner did not respond to the 27 City in regard to licensing but she did not believe the dog is really a dangerous dog. 28 29 Motion carried 3 ayes, 1 nay (Bukkila). (Resolution R031-09) 30 31 32 CONSIDERAPPROVALlEXTENSION OF LIQUORLICENSEIPOV'S SPORTS BAR & GRILL 33 34 Brad Povlitzki, Pov's Sports Bar & Grill, has submitted a request for an extension of his liquor 35 license. 36 37 Mr. Dickinson reviewed the information with the Council. 38 39 Councilmember Jacobson stated the last time they addressed this issue he thought they had an 040 informal understanding that each liquor establishment in the City that qualified could have one event 41 per year, two days back to back. He wondered if they received anything from any of the other 42 establishments requesting these two dates. Mr. Dickinson indicated they have not. 43 44 Councilmember Jacobson asked on the drawing if it is the owner's intention to take and drape the 0 Regular Andover City Council Meeting Minutes - April 7, 2009 Page 9 1 two sides of the tent, the east side and west side, so the sound would go straight ahead from the 2 stage. Mr. Povlitzki stated he draped both sides last year and brought in two RV's to try to control 3 the sound even more. 4 5 Mr. Povlitzki explained which way the stage will face and how they will layout the entertainment in 6 order to keep the sound down. 7 8 Councilmember Jacobson asked how the midnight stop time will affect the 10:00 p.m. noise 9 ordinance. Mr. Povlitzki thought the noise ordinance was 10:00 p.m. on weeknights and midnight 10 on weekends. Mr. Dickinson did not think it was differentiated in the code but after 10:00 p.m. Mr. 11 Povlitzki would have to comply with a lower decibel volume. 12 13 Motion by Bukkila, Seconded by Jacobson, to extend the liquor license for Pov's Sports Bar for July 14 17 & 18, 2009 and to follow the sketch that was provided to the Council and City Staff. Motion 15 carried unanimously. 16 17 018 DISCUSS FUNDINGIEDW ARD BYRNE MEMORIAL JUSTICEASSISTANCE GRANT (JAG) 19 PROGRAM 20 21 The City of Andover is eligible for funding ($23,133) under the Edward Byrne Memorial Justice 22 Assistance Grant (JAG) Formula Program. The primary intent ofthis grant program is to help law 23 enforcement in their efforts to prevent and reduce crime and violence. 24 25 Mr. Dickinson explained to the Council what the grant will do for them ifthey receive the funds. 26 He suggested applying the funds to the technology equipment to help with community policing 27 and the single family market value presentation program. 28 29 Councilmember Bukkila reviewed the history of the grant and how this might help facilitate their 30 relationship with the Sheriff s Office. 31 32 Councilmember Jacobson suggested they purchase speed counter tubes if there is any money left 33 over after the purchasing of software. Mr. Dickinson stated it is a onetime funding source so 34 they are being cautious about putting it towards a program that will not have future costs. 35 36 Acting Mayor Trude asked if they had any security issues they should address in the building that 37 may qualify. Mr. Dickinson stated it would not qualify. 38 39 Council consensus was to move forward with the grant application as outlined by Mr. Dickinson. 040 41 0 Regular Andover City Council Meeting Minutes - April 7, 2009 Page 10 1 CONSIDER APPROVALIEXTENDING LIQUOR LICENSE TO INCLUDE THE PATIO AT 2 BEEF O'BRADY'S 3 4 Mr. Dickinson explained Beef O'Brady' s has made an application to the City to extend their liquor 5 license to include the patio area. 6 7 Motion by Knight, Seconded by Jacobson, to approve the application to extend the liquor license 8 ofBeefO'Brady's to the patio area of the establishment. 9 10 Councilmember Jacobson assumed this is only for the summer and wondered if there is a time 11 frame for this. Mr. Dickinson stated generally the patio is open as long as the customer will 12 tolerate the weather, but no there is no specific time frame. 13 14 Motion carried unanimously. 15 16 17 APPROVAL OF MINUTES 018 19 March 17, 2009, Regular Meeting: Correct as written. 20 21 Motion by Jacobson, Seconded by Knight, approval of Minutes as indicated above. Motion carried 22 unanimously. 23 24 March 24, 2009, Workshop Meeting: Correct as amended. 25 26 Councilmember Jacobson stated on page 1, line 30, it appears the word "professional" should be 27 "profession". Page 3, line 19, after the word "people" insert "apparently without compensation." 28 29 Acting Mayor Trude stated on page 3, line 18-19, the Council was not in favor of "most of'. 30 Councilmember Knight did not think they designated any. Councilmember Jacobson thought they 31 were concerned about them all. 32 33 Councilmember Jacobson stated on page 3, Line 29, at the end of that sentence add "Crooked Lake 34 and Round Lake Associations." 35 36 Councilmember Jacobson stated on page 4, line 28, it does not mention where the landscaping is and 37 words should be added to the sentence: "along Hanson Boulevard". Page 5, line 14, 38 "Councilmember Jacobson asked what this the City should do". Page 5, line 32, after the first word 39 "would" insert "then". 040 41 Acting Mayor Trude stated on page 5, line 31 the sentence should read: "...if the City wants to 42 enforce these on indoor items", because she was talking about smoke alarms. 43 44 Councilmember Jacobson stated on page 8, line 38, "...they are asking the Legislature". 0 Regular Andover City Council Meeting Minutes - April 7, 2009 Page 11 1 2 Motion by Knight, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried 3 unanimously. 4 5 6 ADMINISTRATOR REPORT 7 8 City Administrator Dickinson updated the Council on the administration and city department 9 activities, meeting reminders, and miscellaneous projects. 10 11 City Engineer Berkowitz updated the Council on road improvements projects in the City. 12 13 14 15 .MAYOR/COUNCIL INPUT 16 17 There was none. 18 019 Motion by Jacobson, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting 20 21 adjourned at 9:51 p.m. 22 23 Respectfully submitted, 24 25 Susan Osbeck, Recording Secretary 0 0 Regular Andover City Council Meeting Minutes - April 7, 2009 Page 12 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 7,2009 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ......................................... .................. .............................................. 1 RESIDENT FORUM .... .................... ......................... ......... .................... ..... .......... ....... .......... ........ 1 AGENDA APPROV AL........................ ................................ ........................................ .... .............. 1 APPROVAL OF MINUTES - MOVED TO END OF MINUTES................................................ 1 CONSENT ITEMS......................................................................................................................... 1 Item 2 Approval of Claims .................................................. .................... .... ............................ 1 Item 3 Approve Joint Powers Agreement with City of Ham Lake for Maintenance of University Avenue, North of 177th Avenue NW........................................................... 2 Item 4 Approve Plans & Spaces/Order Advertisement for Quotes/09-32/2009 Crack Sealing (See Resolution R027 -09)............................................................................................. 2 Item 5 Accept Contribution! Andover Huskies Youth Hockey Association! Andover YMCA Community Center (See Resolution R028-09) ............................................................. 2 Item 6 Appoint Community Center Advisory Commission Member ...................................... 2 0 Item 7 Approve Temporary Work Space Permit for Northern Natural Gas ............................ 2 Item 8 Adopt Resolution Setting Annual Income Level for Senior Citizen and Disabled Individuals for Deferral of Assessment & Reduced Sanitary Sewer Rates (See Resolution R029-09) ..................................................................................................... 2 CONSIDER AWARDING BID/09-2, 2009 STREET RECONSTRUCTION & 09-8, 2009 CURB, SIDEWALK & PEDESTRIAN RAMP REPAIRS (See Resolution R030-09) .................2 CONSIDER DECLARING DANGEROUS DOG (See Resolution R031-09)............................... 5 CONSIDER APPROV AL/EXTENSION OF LIQUOR LICENSE/POV'S SPORTS BAR & GRILL ............................................................................................................................................. 8 DISCUSS FUNDING/EDW ARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM.......................................................................................................................... 9 CONSIDER APPROV AL/EXTENDING LIQUOR LICENSE TO INCLUDE THE PATIO AT BEEF 0 'BRAD Y' S ...................................................................................................................... 10 APPROV AL OF MINUTES ................................................... ................................................ ...... 10 AD MINISTRA TOR REPORT ........................................ ............................................................. 11 MAYOR/COUNCIL INPUT ........................................................................................................ 11 ADJOURNMENT......................................................................................................................... 11 0 o~ 3 4 5 6 ANDOVER CITY COUNCIL WORKSHOP-APRIL 14, 2009 7 MINUTES 8 9 10 The Andover City Council Workshop was called to order by Mayor Mike Gamache, April 14, 2009, 11 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 12 13 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 14 Councilmember absent: None 15 Also present: Director of Public Works/City Engineer, Dave Berkowitz 16 City Administrator, Jim Dickinson 17 Others 18 19 20 DISCUSS 157TH A VENUE RECONSTRUCTION (MSAS 102)/08-37 21 22 The City Council requested that the proposed assessment for the 157th Avenue project be 03 discussed prior to the consideration to award the bid scheduled for the April 21, 2009 regular 24 scheduled City Council meeting. 25 26 Mr. Berkowitz reviewed the information with the Council. 27 28 Councilmember Trude asked what concrete adds to a rural area. Mr. Berkowitz stated it would 29 be around $1,000 to $1,200. On the 157th Avenue project some concrete curb will be replaced 30 and does factor into the costs. He stated there is some deterioration and those areas will be 31 replaced. 32 33 Councilmember Jacobson thought that was covered under the cities portion of costs for curb 34 replacement, he thought this was a maintenance issue. Mr. Berkowitz stated typically there is a 35 ten percent concrete curb replacement with street reconstructs and that related cost is assessed. 36 37 Mr. Berkowitz stated when they go into a neighborhood it is usually replacing a larger, more 38 linear feet, of concrete that is replaced compared to going around the city and replacing curb 39 where needed. He stated the way the policy is written, twenty-five percent of construction costs 40 is assessed back to the residents. Construction cost does include the concrete curb replacement. 41 42 Councilmember Trude stated when she drove around the neighborhood she thought there was a 43 couple of unusual things since some of the lots are large and on corners. The homeowners on 044 those properties will not be paying for the reconstruct since their driveway is not on the road. 45 Councilmember Jacobson stated that is typical throughout the City, the resident only pays for the 46 frontage they face. 47 48 Councilmember Knight thought the reason this neighborhood was atypical was because of the 0 Andover City Council Workshop Meeting Minutes - April 14, 2009 Page 2 1 two other neighborhoods coming onto 15ih and can only use that road for access to and from 2 their homes. These are landlocked homes and can only use 157th to get out of their 3 neighborhood. 4 5 Councilmember Bukkila asked why this is not a County road. Mr. Berkowitz stated the County 6 wants higher volume roads and are trying to turn back more roads to cities so they have less to 7 deal with. 8 9 Councilmember Jacobson asked what the 8, 10 and 12 year pay would be if they went to the 10 twenty percent. Mr. Berkowitz handed out a sheet listing the assessment costs. 11 12 Mr. Berkowitz reviewed the alternative assessment amounts with the Council. 13 14 Councilmember Jacobson asked if a traffic count was done on this street. Mr. Berkowitz stated 15 they would consider this road a major collector street but did not have the counts offhand. 16 17 Councilmember Knight asked if there would be more truck traffic on this road than other roads. 018 Mr. Berkowitz stated it would but truck traffic could go anywhere in the City. Mr. Dickinson 19 stated it depends on where the job is for the trucks, which can move at any time. 20 21 Councilmember Bukkila asked what the difference was with the different classification of streets. 22 Mr. Berkowitz reviewed the different streets with the Council along with standard traffic counts 23 on the different streets. He stated collector roads typically connect two or more roads. 24 25 Mayor Gamache asked if at the next meeting staff could list the total assessment at 20% and 15% 26 assessed with an interest rate of 4.5% for the listed number of years. 27 28 Councilmember Knight asked if Ham Lake specs will be different than Andover's specs. Mr. 29 Berkowitz stated they submitted their own specs but it will be under one project. 30 31 Councilmember Jacobson asked some of the residents how they felt about the new numbers. The 32 residents indicated the numbers were looking better and heading in the right direction. 33 34 Mayor Gamache asked if with the assessment could the residents pick how many years they want 35 to pay the assessment. Mr. Dickinson stated his preference would be to have them all on the 36 same number of years but that would be up to the Council. 37 38 Mr. Dickinson reviewed the deferred assessment options with the Council. 39 040 Mayor Gamache thought the residents should be sent a letter notifying them of the potential 41 approval at the next Council meeting along with the new assessment information. 42 43 Diane Scholzen asked if 15ih was a State Aid Road. It was indicated it was. Ms. Scholzen 44 asked ifthe twenty-five percent in a written policy. Mr. Berkowitz showed her where in the 0 Andover City Council Workshop Meeting Minutes - April 14, 2009 Page 3 1 policy it was shown. Ms. Scholzen asked if they are looking at more assessments down the road 2 for a future bike path. Mr. Berkowitz stated at this point they do not have a path that would 3 connect at this time and when they do build a trail there it will not be assessed since the City will 4 pick up the costs for this. 5 6 Brian Sandberg was at the meeting. 7 8 Mr. Franklin Peach stated he spent a lot of time speaking with most of the neighbors and what he 9 has experienced is resentment and anger towards this. He proposed twelve percent to the 10 neighborhood and most would not agree and wanted the City to pay for all of this. He thought it 11 should be reduced from twenty-five percent because this is an MSA road and he did not think it 12 was fair that the City would receive funds for the road and then treat it as a road that does not 13 receive those funds. He stated those who live on this road do not receive the same benefit and 14 feels it is not fair they be assessed at the same rate as others in the City. Last meeting there was a 15 lot of talk about Tulip Street and Tulip Street has a third of the traffic 157th has on a daily basis 16 and it is also 15 mph lower speed limit. If they want to continue to assess these roads the same 17 as a local road, the speed limit needs to be lowered and stop signs need to be installed and they O~ need to have the same benefits as other roads in the City. 20 Mr. Ralph Olaf asked what Ham Lake residents have to pay to have the road reconstructed. 21 Mayor Gamache stated they do not pay any assessments and have a different policy than Andover 22 has. 23 24 Councilmember Knight stated most of the cities combine local assessments with State Aid. Mr. 25 Dickinson explained the reason for this. 26 27 Another resident asked if the other two neighborhoods in the area were not being discussed for 28 assessment at this time. Mayor Gamache stated they were not being discussed because it is not 29 part oftheir general policy regarding this. Mr. Berkowitz explained that properties are assessed 30 based on what road they are addressed on. 31 32 Mr. Sandberg asked if there are going to be road restrictions on the road with the new road. 33 Mayor Gamache stated they do put up road restriction signs up every winter. 34 35 36 REVIEW & DISCUSS MUNICIPAL WATER SYSTEM 37 38 A 2009 goal for the City Council is to review the Andover Municipal Water System in detail to get a 39 better understanding of the system and the need for system improvements. Q40 ~1 Mr. Brian Kraabel, Public Works Utility Manager; Scott Protivinsky, Utilities Lead Man; and Jim 42 Smith are at the meeting to discuss the Municipal Water System and storm water projects they have 43 done with the Council. 44 0 Andover City Council Workshop Meeting Minutes - April 14, 2009 Page 4 1 Councilmember Jacobson wondered if it would be wise to put in another well before the contract 2 comes off. Mr. Berkowitz stated they are scheduled to put water settling plates in this year at the 3 Water Treatment Plant and they want to see how that affects the water system before they add 4 addition improvements. 5 6 Councilmember Jacobson asked if in the next year or two will there be any restrictions where they 7 cannot put in any new wells at all. Mr. Kraabel stated they have hit the conservation very hard and 8 the DNR knows that. He stated hopefully with the irrigation well at Sunshine Park will ease up the 9 water use there to distribute elsewhere in the City. 10 11 Mr. Berkowitz stated the clear well and loop water line down South Coon Creek will help with water 12 distribution in the City. Mr. Kraabel stated with the loop system they can eliminate well #2. 13 14 Councilmember Trude asked if they could push the rain sensors for conservation on irrigation 15 systems. Mr. Berkowitz explained all new systems are required to have them installed but older 16 systems do not have to have them but are recommended to. 17 018 Water rates were discussed. Water rates are to be charged to encourage water conservation. 19 Additional information will be discussed with the Council at a future date. 20 21 22 REVIEW & DISCUSS ANDOVER SANITARY SEWER & STORM SEWER SYSTEM 23 24 The Andover Sanitary Sewer and Storm Sewer systems will be reviewed and discussed with the 25 City Council. 26 27 Mr. Dickinson stated when the fee was developed the intent was the storm water utility was not 28 going to pay one hundred percent for what was needed to be done, it was to be supplemented by 29 other sources. 30 31 32 OTHER BUSINESS 33 34 There was none. 35 36 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 37 adjourned at 9: 17 p.m. 38 39 Respectfully submitted, 040 41 Susan Osbeck, Recording Secretary C I T Y @ 0 F 0 NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN. S TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: April 21, 2009 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $81,485.39 on disbursement edit lists #1- #2 from 04/07/09 to 04/17/09 have been issued and released. 0 BUDGET Jl\1P ACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUIRED The Andover City Council is requested to approve total claims in the amount of $81,485.39. 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Berkowitz, Director of Public Works/City Engineer SUBJECT: Award Bid/09-11/Water Treatment Plant Expansion Phase One (procurement of Plate Settler Equipment) - Engineering DATE: April 21, 2009 INTRODUCTION The City Council is requested to receive bids and award the contract for Project 09-11, Water Treatment Plant Expansion Phase One (Procurement of Plate Settler Equipment). DISCUSSION Bids were received on April 13, 2009 for the first phase ofthe Water Treatment Plant Expansion (Procurement of Plate Settler Equipment). The first phase consists of securing the equipment. The 0 second phase will know move into design of the structure that encloses the equipment The bid results are as follows: Contractor Bid Amount Treatment Resources Inc. $177,545.00 Vessco Inc. $327,698.00 Engineer's Estimate $210,000.00 SEH has provided a recommendation letter that is attached. BUDGET IMPACT The preliminary engineer's estimate for this portion of the project was $236,500. The total project cost for the improvement as identified in the CIP is $930,000. Initially the project will be funded by Water Revenue Bonds and long term by the Water Enterprise Fund. Water rates have been modified the last several years in anticipation of such improvement needs to the system. ACTION REQUIRED The City Council is requested to approve the resolution accepting bids and awarding the contractJo Treatment Resources Inc. in the amount of$I77,545.00 for Project 09-11, Water Treatment Plant Expansion Phase One (Procurement of Plate Settler Equipment). Respectfully submitted, 0 Q~O. David D. Berkowitz Attachments: Resolution~id Tabulatio~Recommendation Letter ../ 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 09-11 FOR WATER TREATMENT PLANT EXPANSION PHASE ONE (SETTLING PLATES). - WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 019-09, dated March 17, 2009, bids were received, opened and tabulated according to law with results as follows: Treatment Resources Inc. $177,545.00 Vessco Inc. $327,698.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Treatment Resources Inc. as being the apparent low bidder. 0 BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Treatment Resources Inc. in the amount of $ 177,545.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders 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 reQular meeting this 21st day of April , 2009 , with Council members voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor 0 Michelle Hartner - Deputy City Clerk 0 ~ SEH TABULATION OF BIDS Procurement of Plate Settler Equipment SEH No. ANDOV 107339 Andover, Minnesota Project Manager: Doug Klamerus, PE Bid Date: 2:00 p.m., Monday, April 13, 2000 Page 1 Treatment Resources Inc. Vessco, Inc. 794 Springhill Court 8217 Upland Circle Woodbury, MN 55125 Chanhassen, MN 55317 $177,545.00 $327,698.00 Engineer's Estimate $210,000.00 s:laela\andov\107339Ibidding doc,lbid tab.doc 0 0 Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, SI. Paul. MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax 0 ~ SEH April 16, 2009 RE: City of Andover, Minnesota Plate Settler Procurement City Project No. 09-11 SEHNo. ANDOV 107339 Mr. Dave Berkowitz, PE City Engineer City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304-2612 Dear Mr. Berkowitz: On April 13th, 2009, two bids were received for procurement of the plate settler for the Water Treatment Plant Addition Project. The bids ranged from $177,545.00 to $327,698.00. The low bid was submitted by Treatment Resources Inc. of Woodbury, Minnesota. The Engineer's opinion of probable cost was $210,000.00. The bid tabulation is attached for your review. We have worked with Treatment Resources Inc. as a manufacturers' representative on many previous projects throughout the Midwest. It is our opinion that they are a responsible bidder. We recommend 0 proceeding with a contract award to Treatment Resources Inc. If you have any further questions, please contact me at 651.765.2973. Douglas amerus, PE Project Manager dek Attachments c: Greg J olmson - SEH Chad Setterholm - SEH s:laelalandovll 07339\1-genl\14-corrlaward recommendation Jlrocurement.doc 0 Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive. St. Paul. MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax 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 Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Declare Cost/Order Assessment Roll/05-43/Hanson Boulevard NW Frontage Road - Engineering DATE: April 21, 2009 INTRODUCTION The City Council is requested to declare the cost and order preparation of the assessment roll for Project 05-43, Hanson Boulevard NW Frontage Road. DISCUSSION The Hanson Boulevard frontage road was completed last fall as part of the Hanson Boulevard 0 reconstruction project. As identified in the feasibility report the cost for the project will be assessed to the City, Croix Oil and ABC Mini Storage. Attached is the Final Andover Assessment Worksheet which identifies the assessments. All parties have reviewed the final cost and accept the assessment as identified. Also attached are letters from Croix Oil and ABC Mini Storage agreeing with the assessment and waving the assessment hearing. BUDGET IMPACT The project will be assessed to the City, Croix Oil Co. and ABC Mini Storage as identified on the assessment worksheet. The City's portion of the project will be funded from the City's Road & Bridge Fund. ACTION REQUIRED The City Council is requested to approve the resolution declaring cost and directing preparation of the assessment roll for Project 05-43, Hanson Boulevard NW Frontage Road. Respectfully submitted, 6J~0.' David D. Berkowitz Attachments: Resolution':'Assessment Worksheet~ Waiver letters ../ 0 cc: Paul Muilenberg, Croix Oil Company, 1749 South Greeley Street, PO Box 15, Stillwater, MN 55082 Kraig Domogalla, ABC Mini Storage, 13624 Hanson Blvd, NW, Andover, MN 55304 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 05-43 , HANSON BOULEVARD NW FRONTAGE ROAD. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $ $26.792.41 , the expenses incurred or to be incurred in the making of such improvement amount to $ $10.560.10 so that the total project cost of the improvement will be $ $37.352.51 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ $14.753.39 the amount to be assessed against benefited property owners is declared to be $ $22.599.10 2. Assessments shall be payable in equal annual installments extending over a period of 8 years. The first of the installments to be payable on or 0 before the 1 st Monday in January 2010 ,and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The Deputy City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Deputy Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 21st day of April ,2009, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0 Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk . Final-Andover Special Assessments 0 FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: Hanson Blvd Frontage Road Project No. : '05.-43 Feasibility Report December 5, 2006 Amount: $35,931.30 Actual Construction Costs Driveway (Assessable) $20,238.02 Driveway (City Cost) $2,477.39 Storm Sewer $4,077.00 Amount: $26,792.41 Actual Expenses Engineering (City of Andover): $ 3,298.25 Consulting Costs (Includes Inspection) $ 4,822.63 Aerial Mapping (1 % of street) $ 227.15 Drainage Plan (0.3% of streeUstorm/path) $ 80.38 Administration (3%) $ 803.77 Assessing (1 %) $ 267.92 Bonding (0.5%) $ - Recording Fees 1 Legal & Easement $ - Advertising $ - Permit and Review Fees $ - Street Signs (Materials and Labor) $ - Qial Testing $ - truction Interest $ - City Costs $ 1,060.00 Total Actual Expenses $ 10,560.10 Expenses Multiplier 39.4145% Actual Project Cost Amount: $ 37,352.51 Total Amount to be Assessed $ 33,898.66 Non-Assessable Costs (City Costs) $ 3,453.84 Feasibility Estimate Actual Assessment Croix Oil Company $ 15,116.92 $ 11,299.55 ABC Mini-Storage $ 15,116.92 $ 11,299.55 City of Andover $ 16,546.00 $ 14,753.39 0 Preliminary Assessment Worksheet Exhibit 5 05-43> 0 t I \ b-. '- ;....-;. \l! --.......,.,; April 8, 2009 Mr. David Berkowitz, P. E. CITY OF ANDOVER Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Street Improvements Dear Mr. Berkowitz: Croix Oil Company has reviewed the Final Andover Assessment Worksheet relating to the construction of a frontage road along Hanson Boulevard which serves our gasoline station/convenience store located at 13650 Hanson Blvd. N.W. The assessment attributable to our property, in the anlount of $11,299.00 is acceptable. Given the foregoing, Croix Oil Company is willing to waive the public hearing on this matter. If you have any questions or 0 comments, please feel free to contact me. Sincerely, CROIX OIL COMPANY /&/~ Paul W. Muilenberg, Esq. Manager of Corporate Affairs 0 1749 South Greeley Street · PO. Box 15 · Stillwater, Minnesota 55082 · Telephone: (651) 439-5755 ro 5" - LJ..3 0 Mr. David Berchowitz Andover City Engineer 1685 Crosstown Blvd NW Anodver, MN 55304 Re: Hanson Blvd Improvement - Final Special Assessment ABC Mini Storage accepts the final special assessment that was sent to me on 3/20/09. ABC's portion of the assessment came in at $11,299.55. Since we agree with the final assessment cost we agree to waive the special assessment hearing. Thank you for a great job the final product and the final price worked out great. KD Properties and lnves ents d/b/a ABC Mini Stb~': / /" ./" . 0 0 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 City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Consider Approval of Therapeutic Massage Therapist License DATE: April 21, 2009 INTRODUCTION Mary Trueman has applied for a Therapeutic Massage Therapist License. 0 DISCUSSION Ms. Trueman intends to work as a therapeutic massage therapist at Inner Sanctum Salon & Spa, 15190 Bluebird Street NW. The application has been completed, the fee paid and Ms. Trueman has supplied her certificate stating that she has successfully completed 500 hours of instruction. The Sheriffs office has completed a background investigation on Ms. Trueman that came back satisfactory. ACTION REQUIRED Council is requested to consider approval of a Therapeutic Massage Therapist license for Mary Trueman for the period of April 22, 2009 through December 31, 2009. Respectfully submitted, (1) 1', cJ) 17 . ~LuJW"{1\ WJ Michelle Hartner Deputy City Clerk 0 Attach: License Application 0 ~DbVE~ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Therapeutic Massage Therapist License Application Pursuant to City Code 3-6 the following information must be provided prior to approval: d1~~ k::'ille .--:-- 1. Name of Applicant , 14 '-(,Mp_ h First I Last r 2. Applicant's Date of Birth (must be 18 years old) I \ r 3. Telephone Number of Applicant_ I -"'- ~ 0 4. Home Address of Applicant~ . ~ "'7 /' L-l , -rO'" .~~r . - "- 5. I will be working as a massage therapist at: _ a Residential Home. Provide address & legal description of home L a Business.' Provide address of business ~'\:er ,~aA'\~iw'YY\ ~lJY\ t:J-~ ~I~O ~IHn.hrd, strt'.€J- JJJ Av.LI~/ I)1,J 5B3oI . 6. Number of years experience as a massage therapist 3 7. Previous employment as a massage therapist (list name, address and position held: +m~CcJ\u/}y, fu('~e.~~ 1f\ II CuJYlL~ Ae NE- CcJlM~ I~LJ.ti5 IMJ -- ff7ao:5t{Qe 7F'fftlJ.lA..Y- 55<1;; / 0 I 1 :y;:' {:y /'If- Sf.M~\0 fhW ----rr;, j!i.1M ,S' l-- 55110 / . 0 8. Description of any crime or other offense, including the time, place, date, and disposi'i\n for which the applicant has been arrested and convicted: AI / . Provide a statement as to whether the applicant has had any license denied, revoked or suspended in the City of Andover or the State of Minnesota, the reason therefore, and the business activity or occupation of the applicant subsequent to such suspension, revocation or denial. (Attach separate sheet) Furnish proof of graduating from a school of therapeutic massage with a core curriculum of at least 500 hours of in-class, teacher supervised instruction of which no more than 200 hours shall be clinical training. Prior to consideration of the application an investigation shall be made by the county sheriff' department of all persons listed on the license applications. 0 'I-/3-tlJ Date ---------------------------------------------------------------------- '/.. Massage. Therapist Application Fee: $175.00A..pllually (includesirl'vestigation fee) Receipt # } Iin-5JA Date Paid 4--/ 3~OCj Anoka County Sheriff: V Approve _Deny &4-\'t.-oq City Clerk: Approve I)eny City Council: Approve Deny 0 C9 0 C I T y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrat FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Accept Petition/Order Feasibility Report/09-22/Bunker Lake Boulevard NW Frontage Road/Jay Street Realignment - Engineering DATE: April 21, 2009 INTRODUCTION The City is requested to receive the petition and order feasibility report for Project 09-22, Bunker Lake Boulevard NW Frontage Road/Jay Street Realignment. 0 DISCUSSION The petitions will be provided at the meeting as supplemental information. ACTION REQUIRED The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for Project 09-22, Bunker Lake Boulevard NW Frontage Road/Jay Street Realignment. Respectfully submitted, Q~CJ- David D. Berkowitz Attachments: Resolution 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR,PROJECT NO. 09-22 , BUNKER LAKE BOULEV ARDNW FRONTAGE ROAD/JAY STREET REALIGNMENT. WHEREAS, the City Council has received a petition, dated 2009 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, 0 thereby making the petition unanimous. 2. Escrow amount for feasibility report is $ 5.000.00 3. The proposed improvement is hereby referred to the City Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this 21 ST day of April , 2009, 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 Michelle Hartner - Deputy City Clerk (j) 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councihnembers y CC: Jim Dickinson, City Administrator FROM: Captain Tom Wells - Anoka County Sheriff's Office SUBJECT: Anoka County Sheriff s Department Monthly Report - Sheriff DATE: April 21, 2009 0 INTRODUCTION Captain Tom Wells from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. Attached is a copy of the March 2009 monthly report. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Captain Tom Wells Anoka County Sheriff s Office Attachment: March 2009 Monthly Report 0 APR. 14. 2009 4:23PM PATROL NO. 5488~P. 2/3- - 0 CITY OF ANDOVER - MARCH 2009 MARCH FEBRUARY MARCH ITEM YTD 2009 VTn 2008 Radio Calls 741 620 2,040 2,147 Incident Reports 860 739 2,399 2,292 Burglaries 6 3 13 13 Thefts 35 18 86 83 Crim.Sex Condo 2 3 7 3 Assault 10 6 20 10 Dam to Prop. 16 17 41 68 Harr. Comm. 15 10 36 33 Felony Arrests 7 1 9 50 Gross Mis. 0 I 1 24 0 Misd. Arrests 44 22 84 255 DUI Arrests 9 .16 32 33 Domestic Arr. S 7 19 15 Warrant Arr. 7 13 31 45 T raffle Art. 252 213 739 664 DUI OFFENSES: DAY .. OF Sunday Monday Tuesday Wednesday Tbursday Friday Saturday WEEK: TIME: 18:27 01:34 00:08 20:40 01 :17 21:17 00:28 01:20 23:28 0 APR, 14.2009 4:23PM PATROL NO. 5488 P. 3/3 0 CITY OF ANDOVER - MARCH 2009 COMMUNITY SERVICE OFFICER REPORT MARCH FEBRUARY MARCH ITEM VTD 2009 YTD 2008 Radio Calls 118 86 310 214 Incident Reports 83 50 177 182 Accident Assists 10 6 28 21 Vehicle Lock Out 23 26 79 54 Extra Patrol 154 194 583 286 . House Checks 1 1 2 27 Bus. Checks 18 38 77 107 Animal Compl. 44 25 89 76 Traffic Assist 12 9 31 29 Aids: Agency 190 193 572 305 0 Aids: Public 34 35 139 156 Paper Service 1 0 1 0 Inspections 0 0 0 0 Ordinance Viol. 0 0 0 0 0 @ 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Consider Awarding Bid/08-37/157th Avenue NW Reconstruction (MSAS 102)- Engineering DATE: April 21, 2009 INTRODUCTION The City Council is requested to receive bids and award the contract for Project 08-37, 157th Avenue NW Reconstruction (MSAS 102). DISCUSSION 0 The bid opening was held on April 14, 2009 and bids received are as follows: Contractor Bid Amount Rum River Contracting Inc. $382,500.50 W.B. Miller. $412,446.20 GMH Asphalt Corp. $424,316.85 Astech $429,084.00 North Valley, Inc. $433,341.75 Hardrives, Inc. $440,969.35 Engineer's Estimate $467,722.50 Please refer to the attached bid tabulation for a breakdown of bids and unit prices. The City Council directed staff to provide alternatives to reduce the proposed assessments for this project. The following alternatives were discussed at the April 14, 2009 City Council Workshop: . Extend the term of the assessment from 8 years to 10, 12, 15 or 20 at 4.5%. Refer to the attached tables for annual payments based on the bid results. . Defer the potential lot assessments 0 With interest 0 0 No interest 0 Expiration date if not redeveloped or subdivided 0 Expiration at 25 years if not redeveloped or subdivided with a 10% decreasing value after 15 years until expiration. 0 Some combination of the above listed items Mayor and Council Members 0 April 21, 2009 Page 2 of2 . Reduce the current assessment portion from 25% to 20%. Refer to the attached table . Some combination of the deferred assessment and reduced percentage BUDGET IMPACT The reconstruction project would be funded from the City's Road & Bridge Fund and 25% ofthe total project costs would be assessed to the benefiting properties in accordance with the City's Assessment Manual Policies and Procedures Guide ACTION REQUIRED The City Council is requested to discuss assessment options and approve the resolution accepting bids and awarding the contract to Rum River Contracting Inc. in the amount of$382,500.50 for Project 08-37, 157th Avenue NW Reconstruction (MSAS 102). Respectfully submitted, 0~()~ o David D. Berkowitz Attachments: Resolution, Bid Tabulation, Tables for Varying Assessment Terms 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 08-37, 157TH AVENUE RECONSTRUCTION (MSAS 102) WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 023-09 ,dated March 17, 2009, bids were received, opened and tabulated according to law with results as follows: Rum River Contracting Inc. $382,500.50 W.B. Miller $412,446.20 GMH Asphalt Corp. $424,316.85 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 ContractinQ Inc.. as 0 being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River ContractinQ Inc. in the amount of $ 382.500.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders 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 reQular meeting this 21st day of April , 2009 , with Council members voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor 0 Michelle Hartner - Deputy City Clerk o :z eo.... z 0 .... Ul O'\Vl~WN_g. 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"#. ::l ell 0> ~ I'; (0 <'! 00:: Q) ci cx:i cD 00:: Q) ('") Lri a.i E I.() C\l E 00 ..... 0 0 E I.() C\l 0 0> I'- 0 E ..... C\l I'- ..... (0 > C\l >- C\l >- <( <( ell ..... ..... ..... tI7 tI7 <( ell I.() ~ ('"') ('"') C\l a.. tI7 tI7 tI7 ll. tI7 tI7 tI7 tI7 tI7 .c: (ij (ij t:: I.() ::l :l ..... e: e: I'- e: e: <( <( ('"') I o"#. o"#. 00 en C\l 0 0 0 0 1Il C\l 0 0 I.() 0 0 .- C!~ 1: ~ C'! ClC! I.() ClC! C!~ 1: I'- C! <'! <'! ~ en C O~ ~ 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 Administrat David D. Berkowitz, Director ofPuo 1 orks/City Engineer FROM: Todd J. Haas, Assistant Public Works Director SUBJECT: Discuss Hawkridge Park Improvements/09-18 - Engineering DATE: April 21, 2009 INTRODUCTION The City Council is requested to discuss if the hockey rink/free skating is to remain at Hawkridge Park and discuss possible future improvements for the park. DISCUSSION 0 As you know the City Council has given the go ahead to the Andover Huskies Youth Hockey Association (AHYHA) for construction of 2 outdoor hockey rinks and a free skating. The clearing and grubbing of the site has been completed. The next step is to begin the site grading which is anticipated to begin in early May. As part of the constructing the city hall rinks, it was brought to the City Council attention that a decision will need to be made as to what to do with Hawkridge Park hockey rink. The Park Commission did meet with a few residents informally before their April 2nd regular meeting to answer any questions they may have about options for the park and the potential removal of the hockey rink. The Commission later had an open discussion with the neighborhood as part of the regular agenda item that same night. A much larger group attended this portion of the meeting than the earlier informal meeting. Attached are the meeting minutes for your review. After the area residents gave their input, the Park Commission did make a motion recommending to the City Council that the hockey rink remain at the park either in its present location or somewhere else within Hawkridge Park. As indicated previously, the reason for considering the removal the hockey rink is due to the operating costs. The cost to provide the rinks at Hawkridge Park is $2200 per week or $24,000 in a 11 week season. If these rinks are to remain, substantial reduction in operating costs will need to be made. Possible options include a new donated well to flood the rinks, volunteers to flood, elimination of rink attendants and other possible cost reductions. 0 Also if the hockey rink is to remain at the park, it will be necessary to redesign/relocate the rink to allow for additional soccer fields and to improve the drainage. The hockey rink in its present location is located in the lowest part of the park and rapid melting on warm days causes a lot of issues for the ice surface. Attached is letter of intent and commitment from the North Metro Soccer Association (NMSA) for your review. The letter does not commit the amount of funds that they would contribute as that would need to be determined by the number of soccer fields that could be constructed. The amount of parking is also a big question as to how much would be 0 needed. BUDGET IMPACT The average cost to keep this rink open a week is about $2200 for about 11 weeks out of the year. If the rinks are to remain, the parks operation budget will need to increase appropriately depending on the service provided. Note: City staff has discussed the status of the park with Bill Karas, President of the St. Francis Hockey Association, to determine if their association can financially participate and/or volunteer their time in helping keeping the rinks up and running if it is determined to remain. Because of their commitment already to building a new outdoor hockey rink facility in the City of Oak Grove, the association at this point cannot financially help with the redevelopment of the park although they would be interested in volunteering labor of reconstructing the hockey rink. ACTION REQUESTED The City Council is requested to discuss if rinks are to remain at Hawkridge Park and what future improvements at the park should consist of. Respectfully submitted, ~4-- Todd J. Haas 0 Cc: Bill Karas, President of St. Francis Hockey Association Mark Miller, North Metro Soccer Association Ted Butler, Chair of the Park and Recreation Commission /' Attachments: Park and Recreation Commission meeting minutes from April 2, 2009 North Metro Soccer Association commitment letter /' 0 0 PARK AND RECREATION COMMISSION MEETING -APRIL 2, 2009 MINUTES The Regular Bi-Monthly Meeting of the Andover Park and Recreation Commission was called to order by Chair Butler on April 2, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners Present: Bill Hupp, Tony Kowalewski, Vice Chair Jim Lindahl, Mark Lindell, Mark Miskowiec, and Shan Ramnath. Commissioners Absent: None. Also Present: Assistant Public Works Director, Todd Haas. 0 RESIDENT FORUM There were no comments at this time. Motion by Kowalewski, seconded by Ramnath, to close the resident forum. Motion carried on a 7-ayes, O-nays, O-absent vote. APPROVAL OF MINUTES There were no changes. Motion by Lindahl, seconded by Miskowiec, to approve the March 19, 2009 Park Commission minutes as presented. Motion carried on a 7-ayes, O-nays, O-present, 0- absent vote. CONSIDER IMPROVEMENTS TO HAWKRIDGE PARKI09-18 Chair Butler explained this item is in regards to considering the improvements that should be made in the redevelopment of Hawkridge Park. Ms. Valerie Holthus, 17680 Arrowhead Street, stated she lived very close to Hawkridge Park and would like to make some points. She stated there are currently eight places to 0 skate and fourteen places to play soccer in the City and of them Hawkridge Park is the only one north of 157th and the only one in the St. Francis School District attendance area. She stated the kids who live in Andover should not be penalized for not living in Regular Andover Park & Recreation Commission Meeting Minutes - April 2, 2009 0 Page 2 the Anoka Hennepin School District. She stated it seemed like in their area they are always having things taken away from them. She explained the dollar amount being saved by not having the hockey rink has not been determined yet and the Hawkridge neighborhood will have to pay more and get less. The purpose of parks is to serve the City with outdoor recreation and by removing this rink the public will not be served. To be considered a regional park, Hawkridge Park should have multiple uses. This neighborhood has produced some excellent hockey players mainly because of their hard work and love of the game but also partly because Hawkridge Park was there for them. She gave examples of some of the kids that have come from the neighborhood and excelling at hockey. She noted that Hawkridge is busy every night of the week and wondered why the City would take away something that is so highly utilized and plays a role in producing such good hockey players. Chair Butler stated they received an email from Dave & Brenda Sollars, 2351 180th Avenue NW, expressing their concerns including the fact that this area is served by School District 15 and that a lot of kids in the school district use the park for hockey. There is also some concern about the level of traffic if they go to a larger size soccer complex with three or four fields. Mr. Todd Rossi, 18042 Edelweiss Street, stated he liked having a hockey and ice rink at Hawkridge Park and allows some family time in the winter. He stated when he has gone 0 by the rink he sees a lot of kids in there playing with their friends. He stated it is a nice community hockey rink and if they take the rinks away and bring them closer to City Hall who will have control of those rinks. He did not think there would be room for all of the kids to just go out and play hockey with friends. Ms. Theresa Meier, 3020 181 st Avenue, stated there are not a whole lot of opportunities for kids to get together anymore and play unorganized sports. There are not a lot of opportunities for pond hockey and pick up ball anymore and this is one of the little areas where this can happen. She would like to see Hawkridge Park keep their hockey rink. Commissioner Hupp asked what her feelings were on eliminating the ballfields. Ms. Meier stated she would not like to see that eliminated because kids do practice on the fields. " Commissioner Hupp asked what Ms. Meier would rather have, ice rink or baseball field. Ms. Meier did not know if that was a fair question because one was a winter activity and one was a summer activity but she indicated if she had to pick she would pick the ice rink but would prefer that they both stay. " Mr. Rick Johnson, 2451 179th A venue, stated it seems like there is every influence of the associations in regards to the parks. He stated this is a community park and thought it should be left a community park. 0 Regular Andover Park & Recreation Commission Meeting Minutes - April 2, 2009 0 Page 3 Mr. Rossi stated he would like to keep the ice rinks if they needed to pick between the rinks and ball fields. Chair Butler asked Mr. Haas if he knew how much use the fields at Hawkridge Park have gotten by the associations. Mr. Haas thought the baseball field was being used on a regular basis but the neighbors would know better and he had heard the hockey rink was used regularly. Mr. Gary Lemke, 2135 17ih Lane, stated his boys use the ice rink. He stated Hawkridge Park is in the St. Francis School District and feeds a lot ofthe St. Francis Youth Hockey Association players to the high school program. He understood the Andover Huskies Youth Hockey Association wants more ice for their kids but the St. Francis Hockey Association needs rinks too. He stated he would prefer to keep the ice rink at the park. Commissioner Miskowiec asked if he was looking for a sheet of ice or a rink with boards. Mr. Lemke stated he wanted a rink with boards because his kids like to go and shoot at the boards for practice. Ms. Kelly Kovich, Heidi Holthus, Tom and Andy Benick and Haley Schmidt (all hockey ,. players from St. Francis High school) were at the meeting to explain that outdoor hockey improves their game and a lot kids use the hockey rink at Hawkridge Park to learn to 0 skate including them. Their concern was primarily losing the hockey rink. Ms. Schmidt stated they have all grown up within a mile of the rink and they have played and learned the game on this rink. Mr. Mark Miller, Field Director of North Metro Soccer Association, stated they are interested in working with the City and community on improving Hawkridge Park and the facility there. Their interest is centered on soccer and the soccer program. Commissioner Hupp asked what the Soccer Association was looking for in the way of financial commitments for the City. Mr. Miller stated they are looking at participating and actively being involved but he could not tell them what they would be donating at this time. They are looking at how they can improve the park by bringing multiple resources there, both financially and with membership skill sets. He stated he cannot make dollar amount commitment at this time but are looking to partner with the community. He stated they are trying to get centralization in the community and develop small pockets of fields so they will be able to rotate fields. Commissioner Kowalewski asked if the soccer association board has discussed other options that they have in place. Mr. Miller stated they have been working with the City of St. Francis in partnering with them to help support and grow their community programming basis as well and are also looking at projects with the City of Oak Grove. 0 Regular Andover Park & Recreation Commission Meeting Minutes - April 2, 2009 0 Page 4 Commissioner Miskowiec asked if irrigation was planned to be done at Hawkridge Park. Mr. Haas stated that is not in their plans at this time but could be possible in the future if the park were to redeveloped with soccer fields. The soccer association has expressed interest in helping financially in irrigating the fields. Just keep in mind that a well will be necessary, as one does not currently exist within the park. Commissioner Miskowiec asked if Hawkridge Park would have a higher priority than some of the other parks on the list for irrigation. Mr. Haas stated it could be added to the list and explained to the Council that this is more of a regional park and should be irrigated if the Commission desires to do that. Mr. Rossi stated the way things sound is that the ball park is going to go away and he thought Hawkridge is a very large park and would have enough room for two football fields when reconstructed along with a hockey rink and baseball field with some room for parking. Commissioner Lindahl stated if they do a redesign, they would realign a lot of things there so that the entire park could be used. Chair Butler thanked all the residents for coming to the meeting for input and participation. He stated he was concerned about the loss of neighborhood use partially 0 because of what he thought a community should offer in terms of parks and also concerned about having good access to parks with a variety of activities at them around the City. There seems to be a trend to centralize and create larger blocks or parks which on one hand is great for parents who have all their kids go to a single park for all their activities but they also loose that neighborhood access that neighborhood parks have. He stated he has also heard that having that access to hockey at Hawkridge is very important. There are not any other hockey rinks in that part of the City but there is another baseball field in the area and the baseball association is not concerned about losing that field. He wondered if it might be feasible to look at some kind of an option where they keep the hockey and free skate rink and place and use the rest of the park for soccer if possible. Commissioner Ramnath stated he was at an informal meeting and one of the residents was asking about trucking and how much water goes into creating an ice rink and he believed it was somewhere between fifteen to twenty thousand gallons to get it started and a solid base and they also have to look at conditioning that rink. Commissioner Hupp thought it was around $6,000 to maintain the rink in the winter. Commissioner Lindell thanked the residents for coming out. In regard to the hockey rink, it is a need that is wanted in the area. There is a need for both hockey and soccer at this park. Commissioner Kowalewski stated he would like to know some dollar amounts that North Metro Soccer is going to contribute compared to what the City will be willing to donate as well before they proceed. He thought they needed to service all of the kids in the City. Regular Andover Park & Recreation Commission Meeting Minutes - April 2, 2009 0 Page 5 Chair Butler agreed and thought it was a good idea to find out where the money will be coming from before reconstruction. Commissioner Lindahl recommended they keep the park the way it is right now, they move forward into some new design layouts and get some ideas put forth and along with that get cost items for all the changes to be done so they have some actual figures. He thought for this year and next winter they keep the park system with the rink and then figure out what will be needed for renovations possibly next year. Commissioner Hupp agreed with pretty much everything that was said and felt it was important for them to take a look at the usages that are out in the fields and also get some ideas from the youth groups and financial commitments for finishing up the park. Mr. Miller stated he wanted to follow up on accounts about budget and the fiscal commitments. The board that he a member of has the same questions as the Park Commission. Their strong desire is to at least initiate some type of planning phase so they can get some kind of idea of the concept and costs of the project. They do not have a strong position as to whether or not the hockey rink stays or goes from their perspective but they do have a strong desire to initiate some type of a planning or discovery phase this kind of a project so they can determine some type of a budget and determine what 0 kind of a fiscal commitment they are able to make a realistic opportunity for all of them. Commissioner Kowalewski felt it was important to keep servicing the St. Francis School District and hockey association and keep the ice rink at the park. Chair Butler agreed. Mr. Haas thought the residents should contact the St. Francis Hockey Associations for use of the hockey rinks because he has not heard from them in years and they do not use the rink anymore. Motion by Hupp, seconded by Ramnath, to recommend to the City Council that they move ahead into a planning phase for redeveloping the park with the inclusion of the existing hockey rink at some location in the park. Motion carried on a 7-ayes, O-nays, 0- absent vote. The Commission recessed at 7:55 p.m. The Commission reconvened at 8:00 p.m. REVIEW COST ESTlMATES/09-14/IRRlGA RKS eation Commission tabled this item at the last meeting imates. He reviewed the 0 Oq -18 0 !~) North Metro Soccer Association lIAR J'i _ ~T.~'" !;,.L{ PO Box 250 , Cedar, M N 55011 Wednesday, March 25, 2009 City of Andover Public Works Mr. David Berkowitz Mr. Todd Haas North Metro Soccer Association Letter of Intent and Commitment North Metro Soccer Association (NMSA) was established in 1979 with a mission to enable and support sustainable community youth soccer programming for communities in the Northern Metropolitan Area of Minneapolis and Saint Paul. NMS has collaborated, and engaged, with the communities of Andover, Ham Lake, Oak Grove, East Bethel and Saint Francis for the past 30 years delivering quality community youth soccer programs. NMS has enabled community parks and field, "Green", space partnering with these communities through new facility/park creations and space 0 upgrades, irrigation projects, field maintenance donations and taken pride in these partnerships and spaces enabling the Community Based Youth Soccer Program Opportunities. The Community Youth Soccer Programming demands continue to grow across the communities NMS serves, a wonderful challenge to be blessed with. The evolution of additional sports demand for the same "Green" space supporting community programming in the past 5 years has triggered NMS to make a focused effort to expand centralized facilities to enable the growing Community Youth Soccer Programming demand. A recent NMS Planning and Strategy Retreat has confirmed NMS's desire to pursue the growth of dedicated "Green" space for Community Youth Soccer Programming while continuing to s'upport and partner with the communities currently being served. The NMS Community Youth Soccer Programs enable young people from ages 4 and 5 through young adult and adult programming. NMS is committed to continuing a value proposition for the . club and the communities being served. NMS is initiating several projects in this 30th Anniversary Year promoting long-term relationships and quality community youth soccer programs and reputation established through the past 30 years. NMS 'is committed to the evolution, of the Hawk Ridge Park Facility to become a Youth Soccer Facility and asks to be the principle party involved with the City of Andover in the planning and execution of the park's evolution. A value of soccer planned facilities is the universal future use of the "Green" space should it be determined that Soccer is not the principle use of the new facility. The vision which NMS has for the evolution of the Hawk Ridge Park Facility evolution is one which supports Youth Soccer Programming for 4v4, 6v6, and 8v8 (U6 - U12). This includes the existence 0 of a family oriented park facility with adequate lighting and parking accommodations. , "", ~ 0 !~ North Metro Soccer Association --7.~- !~;~.c PO Box 250 Cedar, M N 55011 North Metro Soccer Association wishes to engage in planning of the Hawk Ridge Park Facility with the City of Andover. This has been an opportunity which has been informally discussed with the City of Andover Public Works resources and NMS for the past four years. NMS views this as a positive and good step to the future Community Youth Soccer Programs. NMS wishes to engage with the planning of this park evolution creating a common understanding of the fiscal requirements for this large project before committing to a final collaboration in kind and financial commitment. North Metro Soccer Association is committed to pursuing this facility project in 2009 jointly with the City of Andover. 0 /i1j1/#t Mark A. Miller Field Director, North Metro Soccer Association CC: File North Metro Soccer Association Board Andover Park and Recreation Commission Andover Public Works 0 ~ Q9) 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN.US TO: Mayor and Councilmemebers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director ud.- FROM: Angie Perera, Associate Planner ~ SUBJECT: Consider Variance/Maximum Accessory Structure Square FbOtage/3443 135t11 Ave. NW- Planning DATE: April 21, 2009 INTRODUCTION The applicant is seeking approval for a variance to allow an existing shed to exceed the maximum square footage area allowed by 144 square feet for the combination of existing accessory structures. The applicant's home is a one-story single family house within the R-4 zoning district. The 0 applicant has two detached structures (detached garage and shed) totaling 816 square feet, the attached garage is 528 square feet and the total of all three combined is 1,344 square feet. As a result, the applicant exceeds the maximum area allowed by 144 square feet. The sketch of the property attached with this report references the dimensions, setbacks, and locations of the existing structures in their current location. Dimensions of existing structures: Shed: 12 ft. x 20 ft. /240 square feet 0 Detached garage: 24 ft. x 24 ft. / 576 square feet Attached Garage: 22 ft. x 24 ft. / 528 square feet Principal Structure (foundation): 1,144 square feet 0 DISCUSSION City Code Section 12-6-4 C of the City Code states the following: The attached garage and detached accessory buildings in a residential parcel in the R -4 zoning district or any property less than one acre shall not exceed one thousand two hundred (1,200) square feet total, and in no case shall the detached accessory building be greater than fifty percent (50%) of the total square footage of the foundation of the principal structure. Section 9-1-1 of the City Code states: "State Building Code Adopted." The state building code requires that all structures greater than 120 square feet shall require a building permit and are required to meet applicable building codes. Temporary structures larger than 120 square feet are not allowed. Background An application for the detached garage was approved in 2007 when the principal structure, attached garage and shed already existed on the property. At that time, the proposed detached garage exceede<;l the maximum square footage allowed by 144 square feet. Upon condition of approval of the building permit the applicant was required to submit a letter to the City stating that they would be removing the storage shed after they completed the detached garage (building permit and letter from applicant dated 10/08/07 are attached with this report). 0 Additionally, the existing storage shed exceeds 120 square feet and would have required a building permit from the City. The City does not have records on file of an approved building permit for the structure. On February 25, 2009 a city official from the Building Department went out to do a final inspection of the detached garage and discovered that the storage shed had not been removed. The city official left a tag on the house stating that the storage shed was required to be removed. The notice furthermore stated that the official would be referring the matter to the City attorney for appropriate actions if the shed was not removed within a 30 day follow-up inspection. The City then received the variance application on March 24, 2009, requesting a variance of 144 square feet to allow the continued existence of the storage shed on the property. Review Criteria 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 0 property exists with application of the minimum standards of this chapter. 2 Planning Commission Recommendation 0 The Planning Commission recommended denial of the proposed variance as listed in the attached resolution with a 7 to 0 vote. The Planning Commission recommended that the 12 ft. x 20 ft. storage shed shall be removed completely or that 144 square feet of the storage shed shall be removed. Attachments Resolution Variance Application Applicant's Letter requesting the variance Sketch of the property Photographs Residential Building Permit (for detached garage) Applicant's Letter to the City (dated 10/8/07) Homeowner Tag from Building Department (dated 2/25/09) Planning Commission Minutes ACTION REQUESTED The Council is asked approve or deny the variance stating the findings of hardship accordingly. 0 Cc: Timothy Christianson, 3443 135th Avenue NW 0 3 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING A VARIANCE TO EXCEED THE MAXIMUM SQUARE FOOTAGE ALLOWED FOR THE PROPERTY LOCATED AT 3443 135TH AVENUE NW LEGALLY DESCRIBED AS: Lot 10, Block 1, Chapman's 5th Addition, City of Andover, Anoka County, Minnesota WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-6 to exceed the maximum square footage allowed for the attached garage and detached accessory buildings by 144 square feet total (from 1,200 square feet to 1,344 square feet) and recommends denial, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, and; WHEREAS, the City Council finds that the following condition does not constitute an undue hardship for the subject property: 1. Lack of additional storage space. 0 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the proposed variance request to exceed the maximum square footage allowed for the attached garage and detached accessory buildings based on lack of proper findings. Be it further resolved, that the detached storage shed (12 ft. x 20 ft.) shall be removed within 30 days from the date of this approved resolution. Adopted by the City Council of the City of Andover on this 21 st day of April, 2009. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk 0 - '7- '. RECEIVED 1 MAR 2 4 Z008 S\NDOVi* 0 CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US VCfl\'\ru~Q~ CA -0 \ VARIANCE REQUEST FORM Property Address '-~ t; ~ 3 13~/)/ /I/JiE lULu /I/UDtPJJ;:/(;IJ/J,S-S:3ot( Legal Description of Property (if legal is lengthy, please attach a separate page). Lot 10 Block / Addition (!/I/J jJ If) J1)J ~ ' TH S- PIN 3~ ~ 3~ - ~ Ll~ L;3 - C) (') 6 9 (If metes and bounds, attach the complete legal. description) Note: If the legal is not pro~ided, the application will not be considered complete. Is the property Abstract or Torrens (to verify this call the Anoka County Office at (763) 323-5400 with the property PIN number) 0 Abstract X Torrens , Description of Request A hardship must be present in order for a variance to be granted. Ordinance 8, Section 5.04 defines a hardship as follows: "Where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of this Ordinance, an appeal may be made and a variance granted. The hardships or difficulties must have to do with the characteristics of the land and not the property owner." s~:;s~:Jjj!J~~~~ir~f~~~~~SU /J165T 1/ k LEY tJ Jc>L jtl'r~ /l JlJDo tJE~ (1(') De 0 Section of Ordinance f!/II!f1iJ< 6 !)) - (, - 'Ie. ./ Current Zoning -5"'~ r , ~,~~~()"J~I}- 0 ~~\L) ~' / ~~~y f~~l:linY'. /''lQJ(Jt~ ~U'-~ tor '. IllQQ'"7. f/'t; 0 0 , '~ 0 VARIANCE PAGE 2 CRITERIA FOR GRANTING A VARIANCE State Statute provides review criteria that are used to determine the merit of variance cases. In all cases the applicant must demonstrate undue hardship. The considerations for undue hardship include: 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 or combining a substandard lot due to size, shape or lot line dimensions, with an adjacent vacant lot. 4. Economic considerations may not constitute an undue hardship if reasonable use 0 of the property exists with application of the minimum standards of this chapter. t I I I I . I I I . I I - -1- - - -1- - - -1- - - -1- - - -1- - - -1- - - -1- - - -1- - - -1- - - -1- - - -1- - - -I-- I I I I I I I I I I I I . --r- ~ Name of Applicant 7/IJ1LJ/tfy /1 ~1/~5 A/l).$o/ll Address 3 '--I /..(.:3 ) ~~~TH/lIJ~ AJl<J /!)JJ)ciJEt!.. J11/LJ~~3d 9 Home Phone763..L;;);).-'1/o1 Business Phone6~/- do7~ 3)Sb Fax Signaturev:;.~~ Date;'3- ;?D' 0 'if - -1- - - -i- - - -i- - - -1- - --i- - - -i- - - -i- - - -1- - - -1- - - -i- - - -1- - - -i-- I I I I I I I I I I I I P;roperty Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Fax 0 Signature Date -r;::-, , ~ 0 VARIANCE PAGE 3 The following information shall be submitted prior to review by the City of Andover: 1. Complete Application and fee 2. A letter summarizing request 3. Scaled drawing showing the following: a. Scale b. North arrow c. Dimensions of the property and structures d. Front, side, and rear yard building setbacks e. Adjacent streets f. Location and use of existing structures within 100 feet 4. Application Fee: Single Family $150.00 Other Requests $125.00 Date Paid Receipt # 0 Rev.l-07-92:d'A 5-23-94:bh 1-07-97:bh 5-13-02:jma 1-02-04:blh Res. 179-91 (11-05-91) 0 ~7- 0 March 20, 2009 To: City of Andover, Planning and Zoning Department: My name is Tim Christianson, I live at 3443 135th Ave. NW, Andover MN 55304. In October of 2007 I applied for a permit for a detached garage on my property. I was granted the permit on the condition I tear down an existing non-permanent shed. I have since realized that the shed is a much needed outer storage building. At the time of the permit application I asked to file a variance to keep the shed, I was informed I could not. That is why it is worded in the permit that I would take the shed down. Since that time, I read the Zoning Regulation of the City of Andover. In reading the regulations it is my understanding that I am only 144 square feet over the total amount granted. In Chapter 6, section 12-6-4 C It states I can have a total of 1200 square feet of accessory buildings. As of now I have a total of 1344 square feet of detached garage, shed and attached garage. I should be able to re-work the shed and take some square feet off the shed to make it with in the code compliance of the City of Andover and be able to keep the shed in smaller size. However, I 0 do not wish to do that. I would rather be granted a variance to keep the shed the way it is. See attached pictures, Picture A is of my back yard, you will see the two cars and boat, along with the shed in question taken the fall of 2008. Picture B you will see the detached garage that I was granted the permit for, along with the shed. As you can see my back yard now is much neater, given the garage and shed space as there is plenty of space in my back yard for both. I have discussed this issue with my neighbor's and all of them would rather see my yard as is, then prior to garage. I bought this property of which was run down and repossessed by the previous owner. I have since made the vacant property presentable and safe. Ultimately, I should not have to tear down the whole shed due to a 12 x 12 size issue. So, I am asking for a variance, to keep the shed as is. Thank you for your time it is much appreciated. Tim Christianson 0 -~.... ---- .. ~.... I ~>~~.i'{ !.,~,-~. ". , . . .' 1/3 .~......~.. 'j3/1tLk. E~;Vl!k,v - rt>-- .' . ~,~ ". I-~ - -,. \)\)j ~~=~ lll." ._. .. .' ~.~__._h', . . rlt\r~ ., a xJ - __n__._ .. .. ._--".-----~ ., '.' Lf ___'1_.. __..,_OL.. ..,,, ........._. G4tlJt?e-. j~o x r ,,--, ! '" ".". . .. ...f'.r\. 7'" :St)... .~=5 ,~~ - - )-- -- . --_._-,--- ..,_.__..".~----..- . i.~ L..~- 6CA t..E.. --. - ~ --~ .Ji~Z --N a./1.I.. -.-,... .. _._______ n___ ,_ ~_ _ ' ?E:~tY1IJ/J~NT.. '-."-' '---.."'- ------~.-- -- .'--- .._~Lt!.,.J(f1l1S:. ----- .;.. ~ _ sll€l> Ill.) , ~ )31/~k. 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',~ ---.0- ......- _..~. )-. -- > -.-'----.-----,. ._-~- '--'----- ,..---- ).._n _. -.-- ,--_. - > "'-..------ .~_.._,._-..----;..-.,,-,. _...._--_...-.. ~- ... J3sfljlLii---=~:-:~:-~~C~~~=~~T---:-~~:~::~-~.---..-,. ,.- 'N'_:_ ----.----);-.- -..-,>' .,,---- ,...-. --. , - 0 ~ () \ -.... l ~ ~t Q- 0 \ -..... l ~ ~ <l "f 0 n d. Otl1 /ro3!5tO 0 1685 CROSSTOWN BOULEYARD N.W.' ANDOYER, MINNESOTA 55304 · (763) 755-8700 '-I 1 ~n FAX (763),755-8923 · WWW.CI.ANDOVER.MN.US j- 0- ~ RESIDENTIAL BUILDING PERMIT APPLICATION ' Address: )35 r~ ~ /Vv Legal Description Ho~eowner Contractor Phone Ucense No. Mail Address Contact 5/- a07-,5;;? Person Circle type of Accessory Roof work /Storage Addition Alteration Basement finiSh Deck Condo Siding Demo Dwelling - Porch Repair Swimming pool Townhouse Dwelling- Two Family Single Family Detatched garage: (R-i) House foundation size: Pole Barn (# of Acres): Detatched garage: (R-4) House foundation size: Max hei ht 15' Orib Work: .... Valuation f Work: $ Application accepted by: ' ~rtl 07 Toda s Date: Type of Construction V~B Occupancy Group ) 1< L- Division '1 UseZone R-1 Engineering Approval Tree Approval Zoning Approval Number of Stories Size of Building 151 Floor m JV-e0R ~ bY/A8 }/IJ q laor ~Ao" i-I-e.tJ TOTAL S7b -f;-fldr&; ~ · a ~ ~ing. Thi'pennitbecomesnull and void if work r eA1Io tI J N~ ..s s., is suspended or abandoned for a period of 120 ~ ~. "this 'PJllication and know th. """'. to be true . , . f~~ omplied with whether specified herein or not. isions of any other state or local law regulating t;{1-0U-l ped ~ IN N&'i--ff,6 ~ ' ~vrrecQo~ ~ -ildX-~ ~ . 'f: I - ~) n&IiJ ~, - -11- CITY OF ANDOVER PERMIT NO.: 2007-03560 1685 CROSSTOWN BLVD NW 0 ANDOVER, MN 55304- DATE ISSUED: 10/08/2007 763 755-8700 FAX: 763 755-8923 ADDRESS : 3443 135TH AVE NW PIN : 32-32-24-43-0009 LEGAL DESC : CHAPMANS 5TH ADD : LOT 10 BLOCK 1 PERMIT TYPE : BUILDING PROPERTY TYPE : SINGLE-FAMILY RESIDENTIAL CONSTRUCTION TYPE : GARAGE VALUATION : $ 14,400.00 NOTE: 24 X 24 DETACHED GARAGE (576 S.F.) - FOUNDATION SIZE - 1144 S.F. TYPE OF CONSTRUCTION - V-B, OCCUPANCY GROUP - IRC-4 - USE ZONE - R-4 RO. 651-207-3250 SPECIAL CONDITIONS: HOMEOWNER TO BRING IN LETTER - WILL REMOVE EXISTING 12 X 20 SHED AFTER NEW GARAGE IS COMPLETED - POST INSPECTION CARD AND HAVE PLANS ON SITE FOR FOOTING AND FINAL INSPECTIONS. APPLICANT PERMIT FEE- VALUATION 242.85 STATE SURCHARGE - VALVA TION 7.20 CHRISTIANSON TIMOTHY & H PLAN CHECK FEE - BLDG 157.85 3443 135TH AVE NW TOTAL 407.90 ANDOVER, MN 55304 PAID WITH CHECK # 6434 OWNER CHRISTIANSON TIMOTHY & H 3443 135TH AVE NW ANDOVER, MN 55304 AGREEMENT AND SWORN STATEMENT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a pennit does not presume to give authority to violate or cancel the provisions of any ot er state or local law regulating construct' on or the pe 0 f construction. ~!L! 1i2 Date This pennit becomes null and void if construction authorized is n9t commenced within 180 days, or if construction is ~ )z- suspended for a period of 180 days at any time after work is commenced. C"lT"':'T'\ A Tl A TT:' Tlrnl..KTT('I DI::'ATTTOL'T'\ t:'r\D ll:Tr\DV r\TlltD TU A "'T TYC'C't""'DTDl:n ^ n{)\,p 0 0/0 aO 11? f LE-Tlo/LJ op G4/</!-6E - ;1-iV l) 77<17- /0 S )~L- J<... o F .;L:/L:J?7:5 //V s /f LE. /"J :r WILL p IS /17/fA/TL 1::: 77rLE- S//Ef) ~ ~~ - /o~$J""67 0 0 -).1- .. J ~, 0 0 . 0 - -lif- 1 ;. 0 0 0 . - -1.)"- 0 PLANNING AND ZONING COMMISSION MEETING - APRIL 14, 2009 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on April 14, 2009, 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, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Associate Planner, Angie Perera Others 0 APPROVAL OF MINUTES. March 10, 2009 Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion carried on a 7 -ayes, a-nays, a-present, a-absent vote. PUBLIC HEARING: VARIANCE (09-01) TO VARY FROM CITY CODE 12-6 TO ALLOW MORE THAN THE MAXIMUM ACCESSORY STRUCTURE SQUARE FOOTAGE FOR PROPERTY LOCATED AT 3443 13STH A VENUE NW. Ms. Perera noted the applicant is seeking approval for a variance to allow an existing shed to exceed the maximum square footage area allowed by 144 square feet for the combination of existing accessory structures. Ms. Perera reviewed the staff report with the Commission. Motion by Walton, seconded by Falk, to open the public hearing. Motion carried on a 7- ayes, a-nays, a-present, a-absent vote. 0 Regular Andover Planning and Zoning Commission Meeting Minutes - April 15, 2009 0 Page 2 Mr. Tim Christianson, 3443 135th Avenue NW, stated there is no other avenue for him to get to this point. When he got a permit for the garage he asked if he could get a variance to keep the shed and was told no but he kept the shed until the City came out and gave him a letter. He thought he could shave off part ofthe shed and rebuilt it to make it conform but he would rather not do that. The yard looks nice with the shed on it and does not seem to bother anyone. He did not see that the shed is detrimental to Andover. Commissioner Holthus asked if the City gave him a reason why he was not allowed to apply for a variance. Mr. Christianson stated they did not. He stated he did call when he was ready to build the shed to see ifhe needed a permit. He stated that the City asked if the shed would have a cement slab and he told them it would not and was informed by the city that he did not need a permit. Chairman Daninger asked if Mr. Christianson was notified that the shed needed to be removed when he came in to build the two car garage. Mr. Christianson indicated that he was informed that the shed had to be removed when he applied for the detached garage. Then he found out afterwards that he could file a variance to keep the shed which is what he did. He stated the shed is being used for building materials, lawn supplies and not vehicles. Commissioner Kirchoff asked what the requirements are for needing a building permit. 0 Ms. Perera explained the requirements to the Commission. Mr. Christianson stated he would not object to having the shed inspected and he would change what needed to be corrected, if need be. Motion by Walton, seconded by Cleveland, to close the public hearing. Motion carried on a 7 -ayes, a-nays, a-present, a-absent vote. Commissioner Cleveland stated many of the homes in the neighborhood have accessory structures similar to this shed and he thought the issue was that there is more garage and shed than house and he thought that was the intent of the City Code. He thought the City's interest was in maintaining the property as a residence and not as a storage area. Chairman Daninger stated part of his concern is that there is a rule in place and has been established. The two car garage could have been 144 square feet less at the time it was built and then both could stay. It was also his understanding that when he received the permit to build the detached garage, the applicant was told that the shed needed to be removed and was agreed to and the shed was never removed, so he did not see a hardship. Commissioner Falk concurred. He stated there are certain rules they have to follow and he cannot find a hardship with this at all. Commissioner Kirchoff stated he agreed. He 0 stated there is no hardship here and does not fit the criteria for a hardship. Regular Andover Planning and Zoning Commission Meeting Minutes - April 15, 2009 0 Page 3 Motion by Walton, seconded by Falk, to recommend to the City Council approval of Resolution No. _, to deny the variance resulting in either removal ofthe shed or reduction by 144 square feet so it will comply with the ordinance. Motion carried on a 7- ayes, O-nays, O-absent vote. Ms. Perera stated that this item would be before the Council at the April 21, 2009 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT OF WOODLAND CROSSING 2ND ADDITION TO MODIFY THE WOODLAND CROSSINGS PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT TO ALLOW SIX DETACHED TOWNHOUSE LOTS TO REPLACE FIVE SINGLE FAMILY LOTS. Mr. Bednarz explained the preliminary plat follows from the sketch plan previously reviewed by the Planning Commission and Council. Mr. Bednarz reviewed the information with the Commission. Commissioner Kirchoff stated when they had a sketch plan this was what they agreed to after that process. Mr. Bednarz indicated it was. Chairman Daninger thought the 0 Council added some things also. Motion by Falk, seconded by Casey, to open the public hearing. Motion carried on a 7- ayes, O-nays, O-present, O-absent vote. There was no public input. Motion by Kirchoff, seconded by Falk, to close the public hearing. Motion carried on a 7 -ayes, O-nays, O-present, O-absent vote. Motion by Walton, seconded by Falk, to recommend approval of the preliminary plat based on the applicant's proposal. Commissioner Holthus stated on the map, page 6, in the description of the item it was mentioned there would be additional plantings in the backyards of evergreen trees and in the landscaping plan there was no indication of this. She wondered where those fit. Mr. Byron Westlund, Woodland Development, stated that was not added in time for the Planning Commission packets. He showed a new map to the Commission indicating where the trees will be located at in the development. Commissioner Holthus stated she was under the impression the trees were to be added for 0 screening and it did not look enough were added to create a barrier. Mr. Westlund asked ~NDQVE~ @ 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (753) 755-8923 . WYER.MN.US TO: Mayor and Councilmembers. CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director~ FROM: Courtney Bednarz, City Planne~ SUBJECT: Public Hearing/Vacation of Easement/Woodland Crossings - Planning DATE: April 21, 2009 INTRODUCTION The applicant is seeking to vacate the drainage and utility easements on five single family lots as a part of the process to create six detached townhouse lots within this development. DISCUSSION The easements proposed to be vacated are all of the drainage and utility easements on Lots 5-9, Block 1 of the Woodland Crossings plat. New drainage and utility easements are proposed to be 0 established to accommodate the detached townhouse lots as shown on the preliminary plat of Woodland Crossings 2nd Addition. Staff has reviewed the proposed vacation of easements. There are no issues no issues provided that the proposed plat for Woodland Crossings 2nd Addition is approved and recorded with Anoka County to establish new easements. ACTION REQUESTED The Council is asked to hold a public hearing and to approve the proposed vacation of drainage and utility easements subject to the conditions of the attached resolution. Attachments Resolution Easement Exhibit Location Map 0 Cc: Woodland Development 13632 VanBuren Street NE Ham Lake, MN 55304 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION GRANTING THE VACATION OF DRAINAGE AND UTILTY EASEMENTS ON LOTS 5-9, BLOCK 1 WOODLAND CROSSINGS LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the property owner has requested to vacate the drainage and utility easements ON Lots 5-9, Block 1 of Woodland Crossings to facilitate a second addition of the plat, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare ofthe City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of of the drainage and utility easements described on Exhibit A. 0 Adopted by the City Council of the City of Andover on this _ th day of ,2009 subject to the following: 1. This resolution and the attached Exhibit A shall be recorded with Anoka County concurrently with Woodland Crossings 2nd Addition. 2. If the Woodland Crossings 2nd Addition fails to be approved by the City Council this resolution and attached Exhibit A shall be null and void. CITY OF ANDOVER ATTEST Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk 0 r, Exhibit A EASEMENT V ACATION EXHIBIT ^' for ^' o WOODLAND DEVELOPMENT I I i 1 5 I 4 North line of Lot ~- Block 1- " ( Woodland CrossJngs_ S89'21'Z2"E -] _ _ _ 142.50 / I 30 30 14 5 1 A N 0 ~~ \N 0 0 ~t I ..."" - - cog I 02 ~-g !~ I I PROPOSED EASEMENT VACATION DESCRIPTION: 1 3 6 l " All those Drainage and Utility Easements ) I as dedicated upon Lots 5 through 9, e K '\ /', Block 1, WOODLAND CROSSINGS, Anoka 8 l . County, Minnesota, according to the ,':S: I recorded plat thereof. -- 0 Z :;: ! I 7 ~~ ! tJ I cci'iolW o~ 0 ~ I '<tol'- O ~ ~ - - - ,--- i . I w ' >- o>.f , <( I 10 I ~ ~a I J 11 ~i 8 i I ]~ i I - - ~1 i I I eROS \NGS i I 10 9 j I 3O!30l ~ - , I' (QC(., 0 , - - I 122.30 -r~~~~~'l-ri-! '- '" \ N88'46'01"W '" v<<! 6"3 I N VI South line of Lot 9, Block 1 t.I ...I?~ I I -_________ Wooslland _C~!D~___'____~___~____ '" t: 157TH LANE N. W. 1 INCH = 50 FEET -------~---- .~ I ~ I: I hereby certify that this survey, plan or report Vias prepared, by I IJJ k .'. ., me or under my direct supervision and that ! c,r:n a duly Licensed __::~~ 111 ~~ii~flS@fl : Land Surveyor under the laws of the State or }I:mnesota. ~D @i1!9Ui1 O 11 M,$$@@,v>>U1]@, , ~~rs, Sl.li"veyors t Lnndsc:o.pl! I\rchltec'..s : 03/31/09 3601 ThUl"si:on Ave, AnclcQ, lfuneso1o. 55303 ..j. n3~60~X7~~~ I MN License No. 18420 Date ., [AS .l. t Job 0,0.: 844266 E-EXB.DvvG " ~NDbVE~ Woodland Crossings Incorporated ~ 1974 -i~~11111 ILl Jl_ I 'J~R( -- _, 16131 AVE .m --'-- I - // // lJ \lhb~)N = L / / w----'; / I ~ E ,- \ // // td I I ::::::::::::: "" 1_ ~, " 'fii,---1.W ~ X\ "\ ,0/- -6.:-'7 ~ iy:-T c- ;-- _ ~~' ~~f~ - '\ Iii Z --i ,- I I \ I~ i == "" 1- I e- 1- I / ~ IBffiE ~~ f-- flJ;Ul \lL,-.. ::> _ 1-1- '== 1"- - 7 --':;1;'RTH LN t=t= ~"lN , 158T A' J 158THAVE .J I~ g f-- , \ ::::::--------Y' " 'H - oT\,\CI 'r I- ~ 1~7 tz~ I ' ." ~ ; ~ ' / 1 ~ \\1111111 I111 \j ./ ( ~ I~, ~ ," I I / ~ ~ (fJ ~ C!Jl) ] 8llffi ~ '!:),) .,. \ ~ 1/!fj \\\).. ~ I Ii\'IlI iJ 0 t:::J \1 ""'''N . r---: s. . - ' 1- 8lIffi 1/ ----= ~ r-- J n 1\ II , ,\ II II I I I I I I I // r- -S~ ---- [[~ I ~1 ---'1= r--- I~VEI I I I I I I I U ~ / == ~ I~I I- r-- ' \ C-(7 1--------1- ~~. l ~O< ~ 1~:=; = ~05 ,:S , r ~ c- ~ / / ~ - \ - ~ c '~m I I ~ ~~ ~ :::: r w-t1 I- I r-I H-lJJJ..5/) ^ Area of Plat Proposed to be Amended Location Map o N W~E S 5'\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 l#1- FROM: Courtney Bednarz, City Planne4 SUBJECT: Consider Preliminary Plat and Planned Unit Development /Woodland Crossing 2nd Addition - Planning DATE: April 21, 2009 INTRODUCTION This preliminary plat follows from the sketch plan previously reviewed by the Planning Commission and Council. The minutes from these meetings are attached. 0 DISCUSSION The proposed plat would convert five of the existing single family lots to six detached townhouse lots as shown on the attached plan set. The developer has indicated that these lots would be added to the existing homeowners association which would provide maintenance of the lots. Conformance with Local Plans and Ordinances 1. The property lies within the Urban Residential Low Density Land Use District and the R-4, Single Family Urban Residential Zoning District. The proposed detached townhouse units are pelmitted, with PUD approval, in this land use and zoning district. 2. The proposed project requires Planned Unit Development Review to establish standards that are different than the typical R-4 Zoning District standards. The standards for reviewing planned unit development requests are attached. Their intent is to allow modified development standards that will result in a better overall project than can be achieved through strict adherence to the underlying zoning standards. Please note that the review of planned unit developments is intended to be proportionate to the modified standards that are requested. 0 0 As has been done in the past with review of planned unit developments, the table below compares the proposed development with the previous Woodland Crossings PUD and the R-4 Zoning District Standards. Comparison of Dimensional Standards Proposed P.U.D. Previous Woodland Item R -4 Standard Crossings P. U.D. Standards Standards Min. Lot Width 80 feet 55 feet 59 feet Min. Lot Depth 13 0 feet 75 feet 75 feet Min. Lot Area 11,400 square feet 4,125 square feet 4,425 square feet Front Setback1 35 feet 1 foot to property line / 1 foot to property 36 feet to curb line / 20 feet to curb Side Setback. 10 feet for house 12 feet between lots 4 feet between lots 6 feet for garage (for side by side lots) Comer Side Setback 25 feet 25 feet nJa Back to Back Lot Rear Setback 30 feet 40 feet to optional 23 feet excluding deck/patio optional porch/deck 0 As the table indicates, the proposed lots are slightly narrower than the previous PUD and slightly smaller as a result. However, the distance between side by side lots is greater which will result in greater separation between the units. The lots are also smaller than typical R-4 Zoning District lots. It is important to note that the proposed lots are created primarily to contain the units and that additional open space exists as shown on the attached plan set. The proposal conforms to the remainder of the standard R -4 Zoning District setback requirements. Substantiation of PUD Request The current proposal reduces lot size to achieve one additiona110t. The following items are offered to substantiate this request: 1. The same lifestyle design, overall quality of the units and association maintenance of the property is proposed. 2. Differentiation between the proposed units will be provided as requested by the Council and shown in the attached elevation drawings. 3. In addition to the landscaping around the units shown on the attached plan, evergreen trees will be added to the rear yards of the lots to provide a visual break between the proposed 0 units and the existing lots to the west. The applicant will present the details of the additional landscaping at the meeting. 2 0 By way of comparison, the previous Woodland Crossing PUD was substantiated with the following: 1. Modification to the R -4 standards was necessary to allow development due to the unique combination of upland and wetland. The PUD allowed homes to be sited to take advantage of this setting whereas the R-4 standards would have either prevented development or required decimation of the natural features of the property. 2. The lifestyle design, overall quality of the units and association maintenance of the property were also used to substantiate approval of the previous PUD. Opposition to Request Staff received the attached e-mail opposing the proposed detached townhomes. Easements The drainage and utility easements on the existing single family lots will need to be vacated. Woodland Development has submitted an application that will be reviewed along with the plat at the April 21 st Council meeting. New easements for the new lots are proposed as shown on the attached preliminary plat. Infrastructure A segment of storm sewer will need to be removed to allow a unit to be constructed on proposed 0 Lot 4. A new segment of storm sewer will be constructed along the rear property line of Lots 1-4 to connect with the existing storm sewer at the north end of the site. This will replace the overflow function provided by the existing storm sewer. Additionally, a new sewer and water service will need to be provided to serve Lot 4 as shown on the attached utility plan. The applicant will be responsible for the cost of these improvements as well as the cost to restore the city street to its previous condition. Homes As mentioned above, the homes will be similar to those within the previously approved Woodland Crossings PUD. The Council requested that some architectural differentiation be provided between the proposed homes to add variety and help the new homes blend into the existing neighborhood. The applicant has provided the attached elevation drawings to illustrate how this will be achieved. Association Documents The applicant has indicated that the proposed units will be added to the homeowners association that exists for the previously approved detached townhouse units. The developer has indicated that a meeting with the current association members was held and all members agreed with expanding the association. This has been added as a condition of approval to ensure that association maintenance will be provided. Park Dedication 0 The Park Commission will review the proposal at their April 16th meeting. It is anticipated that they will recommend park dedication and trail fees be collected for the additional unit. 3 0 Pedestrian Access A sidewalk presently exists along the north side of 15ih Lane NW. Street Access Access will continue to be provided primarily from the intersection of 15ih Lane and Nightingale Street NW. 158th Lane NW provides a secondary limited access. During review of the sketch plan the Commission asked if 158th Lane should become a full movement access. The Engineering Department reviewed this situation and determined that the access should remain as constructed for the following reasons: 1. The existing access scheme was designed for the entire area served by it at the time the Cardinal Ridge, Woodland Crossing and Shaw's Glen developments were approved. There have been no significant changes that would warrant redesign. 2. 158th Lane NW does not meet established spacing guidelines for a full movement access. 3. The city is considering constructing a median along Nightingale Street NW at this location when the street is reconstructed. This project is scheduled for 2013 in the current Capital Improvement Plan. 4. The reconstruction project will also include improvements to Nightingale Street NW at the 0 intersection with 15ih Avenue NW. Planning Commission Recommendation The Commission recommended approval of the preliminary plat with a 5-2 vote. The Commissioners who voted against the item indicated that they did not feel the location was appropriate for townhomes. The motion included revisions to the rear yard trees to provide more screemng. ACTION REQUESTED The Council is asked to approve or deny the proposed preliminary plat. Attachments Resolution Planned Unit Development Review Standards Location Map Preliminary Plat Plan Set Building Elevations Previous Planning Commission Minutes Previous Council Minutes April 14th Planning Commission Minutes 0 Ham Lake, MN 55304 Regular Andover Planning and Zoning Commission }.1eeting Minutes - April 15, 2009 0 Page 3 Motion by Walton, seconded by Falk, to reconmlend to the City Council approval of Resolution No. _, to deny the variance resulting in either removal of the shed or reduction by 144 square feet so it will comply with the ordinance. Motion canied on a 7- ayes, O-nays, O-absent vote. Ms. Perera stated that this item would be before the Council at the April 21, 2009 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT OF WOODLAND CROSSING 2ND ADDITION TO MODIFY THE WOODLAND CROSSINGS PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT TO ALLOW SIX DETACHED TOWNHOUSE LOTS TO REPLACE FIVE SINGLE FAMILY LOTS. Mr. Bednarz explained the preliminary plat follows from the sketch plan previously reviewed by the Planning Commission and Council. Mr. Bednarz reviewed the information with the Commission. Commissioner Kirchoff stated when they had a sketch plan this was what they agreed to 0 after that process. Mr. Bednarz indicated it was. Chairman Daninger thought the Council added some things also. Motion by Falk, seconded by Casey, to open the public hearing. Motion carried on a 7- ayes, O-nays, O-present, O-absent vote. There was no public input. Motion by Kirchoff, seconded by Falk, to close the public hearing. Motion carried on a 7-ayes, O-nays, O-present, O-absent vote. Motion by Walton, seconded by Falk, to recommend approval of the preliminary plat based on the applicant's proposal. Commissioner Holthus stated on the map, page 6, in the description of the item it was mentioned there would be additional plantings in the backyards of evergreen trees and in the landscaping plan there was no indication of this. She wondered where those fit. Mr. Byron Westlund, Woodland Development, stated that was not added in time for the Planning Commission packets. He showed a new map to the Commission indicating where the trees will be located at in the development. 0 Commissioner Holthus stated she was under the impression the trees were to be added for screening and it did not look enough were added to create a barrier. Mr. Westlund asked Regular Andover Planning and Zoning Commission Meeting Minutes =- April 15, 2009 0 Page 4 if she had a number in mind for trees. He stated he would have no problem working with staff on this. Commissioner Holthus stated on page 3, under association documents, she wondered where the CUlTent association townhomes are located. Mr. Westlund explained where the townhomes are located and indicated wording will be added to the documents to add the six units to the association. Chairman Daninger stated he was going to vote against this because he voted against it at the sketch plan. He stated he was not in favor of townhomes in that area. Motion carried on a 5-ayes, O-nays, O-present, 2-absent (Daninger, Holthus) vote. Mr. Bednarz stated that this item would be before the Council at the April 21, 2009 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (09-03) TO ALLOW PUBLIC UTILITYIMPROVEMENTSAT 15920 7TH AVENUENW AND143617TH AVENUE NW 0 Mr. Bednarz explained Northern Natural Gas will be installing equipment to allow inline inspection of the integrity of the natural gas pipeline between the two properties as required by the Federal Government. This project is similar to the one that was constructed near Prairie Knoll Park in 2004. The improvements will allow Northern Natural Gas to send equipment between the sites verify the integrity of the natural gas pipeline on an ongoing basis. Commissioner Falk asked how many of these sites are in the City. Mr. Bednarz stated there is a facility on Prairie Road and these two sites. He was not sure if Northern has any other facilities in Andover. Commissioner Falk wondered if the station on Prairie Road could handle the equipment. Mr. Bednarz stated that was already in place. Mr. Bednarz stated he received a voicemail today from a neighbor that lives to the north of the southerly site expressing two concerns. One was noise emanating from the site and the other was the trees around the southerly site have not fared very well. Commissioner Cleveland stated there is also an issue of repainting one of the buildings on the site. Mr. Bednarz stated the applicant is agreeing to do that. 0 Chairperson Daninger stated the way he is seeing this, the fence will be expanded twenty- five feet to the n01ih. Mr. Bednarz indicated on the northerly site it is twenty-five feet 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING THE PRELIMINARY PLAT WITH PLANNED UNIT DEVELOPMENT REVIEW OF "WOODLAND CROSSINGS 2ND ADDITION" FOR PROPERTY LEGALL Y DESCRIBED AS; Lots 1 through 5, Block 1 Woodland Crossings, Anoka County, Minnesota WHEREAS, Woodland Development has requested approval of a preliminary plat with Planned Unit Development Review of Woodland Crossings 2nd Addition; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the 0 property values and scenic views of the surrounding area; and WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 13 Planned Unit Development finding that the proposal will provide the following desirable qualities to satisfy the requirements of City Code 13-3-11: 1. The building design and materials demonstrate quality architectural design and the use of high quality building materials. The proposed variations among the units provides for unique design and detailing. 2. The homeowners association will provide maintenance of the grounds to ensure the lasting quality of the development. 3. The landscaping plan provides a unified theme for the proposed plat and the rear yard evergreen trees will provide a buffer between the site and adjacent properties. WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat with planned unit development review; and NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover has 0 received the recommendation of the Planning Commission and approves the Woodland Crossings 2nd Addition Preliminary Plat with Planned Unit Development Review, subject to the following conditions: 5 0 1. The Preliminary Plat shall conform to the plan set revised and stamped received on April 3, 2009 except as follows: a. The landscaping plan shall be revised to include evergreen trees in the rear yards of the lots as determined through discussions with staff. 2. Park dedication for one unit shall be paid in the amount of $2,944. 3. A trail fees shall for one unit shall be paid in the amount of $671. 4. The developer shall be financially responsible for all improvements proposed as a part of the preliminary plat. 5. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 6. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 7. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 8. All lots within the preliminary plat shall be added to the existing Woodland Crossings Homeowners Association. 9. The units shall provide differentiation as shown, or similar to, the building elevation drawings stamped received March 13,2009. 10. The plat shall be recorded in conjunction with a resolution vacating the existing easements on Lots 1 through 5, Block 1 of Woodland Crossings. 0 Adopted by the City Council of the City of Andover this day of _,2009. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy, City Clerk Michael R. Gamache, Mayor 0 6 0 Planned Unit Development Review Standards 13-3-9: FINDINGS REQUIRED: The developer making request for a PUD shall provide findings for review by the City Council. The findings necessary for approval of a PUD shall be as follows: 1. The proposed development is not in conflict with the goals of the Comprehensive Plan of the City. 2. The proposed development is designed in such a manner as to form a desirable and unified environment within its own boundaries. 3. The proposed development demonstrates how each modified or waived requirement contributes to achieving the purpose ofPUD. 4. The PUD is of composition and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence on any subsequent unit. 13-3-11: DESIRABLE PUD DESIGN QUALITIES. The following design qualities will be sought in any PUD review: A. Achieves efficiency in the provision of streets and utilities and preserves area to achieve the elements of design qualities described in this Chapter. 0 B. Provides convenient and safe access for vehicles and pedestrians and all types of activity that are anticipated to be a part of the proposed development. C. Provides a buffer between different uses, adjacent properties, roadways, between backyards of back- to-back lots. D. Preserves existing stands of trees and/or significant trees. E. Provides considerable landscaping treatments that compliment the overall design and contribute toward an overall landscaping theme. F. Preserves significant usable space on individual lots or through the provision of open space within the development. G. Provides an attractive streetscape through the use of undulating topography, landscaping, decorative street lighting, decorative mailbox groupings, retaining walls, boulders, fencing, area identification signs, etc. H. The proposed structures within the development demonstrate quality architectural design and the use of high quality building materials for unique design and detailing. 0 1. The lasting quality of the development will be ensured by design, maintenance and use guidelines established through an owners association. 7 <ANDbVE~ Woodland Crossings Incorporated !.-. 1974 I( I'~ I I I I I I I~ I I... 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I l~-l_W -____ == _ ~ J. \ 21'M> .... _- ii",.'~:l~l.J:lUo:l-~j.,.AC:lI""- I \ ~ I I I 1 .., I +-- I __ ~ I I 'il I i !~ I .. .Il/"-; o : r I I ....L __ __ _ ___' HI I 1/11 I r-.c..-c..-D ("TDr-,-, 1\ 1 IAI 10:.1 I __ _ _ _ -'-"~.UU__.:.'... _ _ _ _--'~\c..c.~ _ _ _ _I.:::..'V~ _ _ _ _ _ I ~ -/.;:- , 0 DODD 0000 DODD DODD 0000 <{ z 0 DODD I- <{ DODD > UJ DODD ...J UJ DODD I- 0 z DODD 0 O! DODD IL DODD DODD / 0 ~ -M- 0 JO z 0 i= <( > W -I W f- z 0 O! IL 0 0 -/7- , 0 u z 0 000 I- <( 000 > UJ 000 ..J W 000 I- z ODD 0 O! 0 ODD lL 000 000 0 3 II --,/8:- 0 0 z 0 0 I- <( > llJ ..J llJ I- Z 0 I)! II.. DODD DODD DODD 0 -1,- 0 , w z 0 I- 0 ~ > W -I W I- Z 0 O! lL 0 I zq- Regular Andover Planning and Zoning Commission Meeting Minutes - January 27, 2009 0 Page 2 PUBLIC HEARING: RESIDENTIAL SKETCH PLAN TO CONSIDER REVISED PLANNED UNIT DEVELOPMENT FOR WOODLAND CROSSINGS. Mr. Bednarz noted the purpose ofthis item is to hold a public hearing and take input on the proposal by Woodland Development. Motion by Walton, seconded by Casey, to open the public hearing. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Byron Westlund, Woodland Development, 13436 Van Buren Street, explained to the Commission that there is more interest in the detached townhouse style unit than the single family lots. Mr. John Squires, Sales Manager from Woodland Development, made a Power Point presentation to the Commission. Commissioner Holthus asked if the detached townhomes will have the same setback from the street as a single-family home. Mr. Squires indicated they would. Commissioner Holthus asked what is proposed to the east of the existing townhomes. Mr. Westlund stated it is open space to the east and part of the association and he believed it was a DNR protected wetland. 0 Commissioner Kirchoff asked why this is considered a townhome when it is detached. Mr. Westlund stated it is a lifestyle. Everything is maintained for the owners and some are even snowbirds so the work gets done in the winter even when the owners are living in another state. Commissioner Walton wondered if Mr. Westlund had thought about taking over the entire development as townhomes and maybe incorporating the homes into an association. Mr. Westlund stated he has not thought that far and was not sure how to do it with the seven existing single-family homes. Commissioner Walton assumed all the street stubs were built according to the housing plat and he wondered if anything needed to be modified to allow the townhomes to go in. Mr. Bednarz stated the developer would need to add a sewer and water stub if there were an additional unit added and there are some other adjustments for drainage and utility easements that would need to be done as well. Motion by Walton to close the public hearing. Chairperson Daninger indicated he had some questions to ask the developer. Commissioner Walton withdrew his motion. 0 Chairperson Daninger stated there are fourteen existing sites and he wondered how many are sold. Mr. Westlund indicated six were sold with one being used as a model. -2/_ Regular Andover Planning and Zoning Commission Meeting Minutes - January 27, 2009 Page 3 0 Chairperson Daninger indicated they are requesting six townhomes for five lots and he wondered why they needed more townhomes if it is just for a lifestyle change. Mr. Westlund stated a part of it is to hopefully try to reduce the costs of the lots by adding one unit. Chairperson Daninger stated the PUD was mentioned because of the townhomes and he wondered if it would become part of the PUD. Mr. Bednarz stated the entire development including the single family was approved as part of that PUD. Chairperson Daninger wondered what happens if all of a sudden single-family homes start to sell. Mr. Westlund stated he has talked to the City's Community Development Director to look for another location with the City to build the townhomes and they have looked at some of the suggested locations and found this is the best place for them. It is a good product and well made and he planned to keep them as townhomes. Chairperson Daninger stated he remembered the meeting with the three developments and neighbors had concerns. They spent a lot oftime on these developments. To change things now is his concern. He stated it was nothing to do with the product, it was the matter of the time spent to get to where it is today and now they are changing it and that is where he is struggling with it. 0 Chairperson Daninger stated there are two developments to the west and he wondered what the occupancy rate was of those homes being built. Mr. Westlund stated the Cardinal Ridge is pretty much sold out and a different type of product, lower priced. The Shaws Glen development was under supervision of a bank with less activity on them. Chairperson Daninger asked if Millers' Woods was a lifestyle change with single-family homes. Mr. Bednarz thought this was different because grounds maintenance was the responsibility of the owner. These have different types of floor plans also. Motion by Walton, seconded by Falk, to close the public hearing. Motion carried on a 7- ayes, O-nays, O-absent vote. Commissioner Kirchoff agreed that he did not have a problem with the quality of the homes. He understood the market changes and he did not see this as a detriment to the area. Commissioner Walton agreed. He thought this would provide some transition between the single-family homes and regular townhomes. He understood the economic times, the changes and he understood why they wanted one more unit in order to lower the cost of the homes. He thought the quality of the exterior will meld very nicely with the rest of the homes that are already built there. He did not think there was a need for separation here. He thought if it enables the developer to sell more product and the land sitting there not being productive at the moment, he thought it fits fine. This development is unique in that it is actually a large cul-de-sac with two more cul-de-sac's 0 coming off of it and makes it quiet and remote. He thought the target market they have fits nicely for the product that is going to be in there. Commissioner Holthus wondered what happens when the economy swings back to where it was. She agreed that retiring baby boomers are in the market for a low maintenance -'2z,- Regular Andover Planning and Zoning Commission Meeting Minutes - January 27, 2009 Page 4 0 life style and she thought there should be a place for that but did not believe this is the place because this development was originally designed for single family homes and there are some already there. Commissioner Falk felt this was not going to be detrimental to the area at all, he thought it will meld into the area just fine and felt they were doing the right thing here. Commissioner Kirchoff felt the only difference between the proposed homes and what is there is the maintenance. Commissioner Casey thought the sketch plan as presented would be really good because with it being a detached townhome it does take the appearance of being a single family home. He thought even if the housing market takes a turn for the better the detached townhomes will be the home of the future because it is maintenance free. He thought this is characteristic of the neighborhood. Chairperson Daninger felt five members were in favor of the sketch plan but he was not for it because it will look different with the side yard setbacks. He understands the problems with the economy and would be more comfortable with this ifthe lots were all sold and there were people waiting for the townhomes to be built. He would also be more comfortable to have the same number of detached townhomes that were proposed 0 for single family. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that he supplied the Commission with the 2008 Annual Report to reVIew. ADJOURNMENT. Motion by Walton, seconded by Casey, to adjourn the meeting at 7:37 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 0 -z~- 0 Regular Andover City Council Meeting Minutes - February 3, 2009 Page 6 CONSIDER SKETCH PLAN FOR REVISED PLANNED UNIT DEVELOPMENT OF WOODLAND CROSSINGS Mr. Neumeister stated Woodland Development is seeking to amend the Woodland Crossings plat. They are responding to feedback received from potential buyers during their marketing efforts. The proposal would convert five of the existing single family lots to six detached townhouse lots. The developer has indicated that these lots would be added to the existing homeowners association which would provide maintenance of the lots. Mr. Byron Westlund discussed with the Council the history of the project and what he is proposing. to change in the development. Councilmember Jacobson asked ifthe move is to build the model townhomes, why don't they put one on each of the single family lots rather than trying to squeeze another one in. Mr. Westlund stated they are looking for a price point and by adding one more it lowers the costs and will make it more attractive and hopefully sell quicker. 0 Councilmember Trude stated it will help the end user by putting more money into the home and less into the land. Mr. John Squires, Woodland's Marketing Representative, made a presentation to the Council. Councilmember Jacobson stated he has been through some of the townhomes and they are exceptionally nice and he thought Woodland Development did a good job. Councilmember Bukkila asked when sitting at the intersection of Jay and 15ih looking at the empty lots and there is no formidable linear break in the block, where would the height difference be between the townhomes and the single family homes behind. Mr. Westlund stated they will be at the same height if not taller because of the roof pitch. They also have covenants and restrictions that are on the single family lots and the townhomes meet and exceed those covenants and restrictions that are existing for the single family. Councilmember Bukkila stated they indicate they would allow for exterior changes but all the existing towhhomes in that area currently are all the same color and monochromatic design. She wondered if they would be willing to shift that to give some color variation to let it blend in with the other single family homes that are already existing in that area. Mr. Westlund stated they would and have already contacted their suppliers to see what other color choices they have for steel siding and they have done alternatives with cedar shake on the garage peaks. 0 Councilmember Bukkila stated she would support it if they could make it blend but the monotone color does not fit in with the existing homes. She asked if they talked to the homeowners in the area. Mr. Westlund stated they did have a neighborhood meeting before the Planning Commission meeting and only one resident showed up and was in favor of it. -z~- 0 Regular Andover City Council Meeting Minutes - February 3, 2009 Page 7 Councilmember Trude stated she had some concern since generally their townhomes are a little separated or there is a feeling of they belong together instead of being a part of a neighborhood. They do have higher end landscaping, they have different setbacks and she asked if there is something that could be done to help the townhomes to blend in. She liked Councilmember Bukkila's suggestion and stated when they come back she would like to see some exterior changes on how it can blend in. Councilmember Jacobson stated he could support a change in the PUD to allow this with two conditions. The first being that the change is tied to the existing plans they have with some reiteration so they can change the inside a little bit to meet what the buyer wants. He would also like to see the exterior colors change in writing so they can tie it to something. Councilmember Trude agreed. Councilmember Jacobson asked if the street was a full width street and not scaled down to allow parking on one side. Mr. Berkowitz stated that it is a thirty-three feet back to back with parking on both sides. 0 Mayor Gamache asked when selling they are usually building to the specs of what the buyer wants so if they have someone who wants the same color as their neighbor what do they do. Mr. Westlund stated they would need to pick another lot or do some type of variation to the building to make it look different. Councilmemher Trude stated when she looked'at this initially some of her concerns were what will other developers want to do in trying to replicate this but Woodland Development had a PUD across the entire development which allows for some flexibility. She thought that the fact these townhomes are more costly than single family, most developers try to make the townhomes their low cost product and people do not want a low cost product next to single family and they are putting a higher cost product in. Mayor Gamache stated he would support this since it fits well with what is going on to the east and it is a kind of buffer to the existing single family homes and he thought this will look good. CALL FOR SALE OF BONDS Mr. Dickinson stated as part of the 2009-2013 Capital Improvement Plan (CIP) the City contemplated the issuance of bonds for various public improvements and equipment purchases. This item initiates that process. 0 Mr. Mark Ruff, Ehlers & Associates, made a presentation to the Council on each bond issuance, which includes a $1,030,000 water revenue bond, $380,000 equipment certificate and $970,000 crossover refunding bond. -~- Courtney Bednarz qom: John Gergen [jgergenmail@yahoo.com] nt: Monday, April 061 2009 8: 17 PM 0: Courtney Bednarz Subject: rezoning request Dear Ms. Bednarz, Re: Modifying the Woodland Crossings Preliminary Plat and Planned Unit Development to allow six detached townhouse lots to replace five single family lots at 1869 157th Lane Northwest. Please add the following to the public record: Our family just built and moved into a single family home at 15856 Linnet Street Northwest in September of 2008. It was our intention to live in a neighborhood with single family homes only. If the land across the street had been zoned for townhomes, we would have chosen to build elsewhere. Weare also concerned about the negative effect of the townhomes on property value. It was a great deal of work to go through the designing and buildling process, and then move into this neighborhood. We therefore request that the application to make the aforementioned changes to the zoning of the land at 1869 157th Lane NW be denied and left as single family lots. Thank you for allowing us to particpate in this process. Sincerely, John and JoAnne Gergen 15856 Linnet Street Northwest dndover, MN 55304 0 1 -2".6- 5'\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 Administrat Will Neumeister, Community Develop nt Director ~ FROM: Courtney Bednarz, City Planne~ SUBJECT: Consider Conditional Use PermitlPublic Utility Improvements/15920 7th Ave. NW & 14361 7th Ave. NW- Planning DATE: April 21, 2009 INTRODUCTION Northern Natural Gas will be installing equipment to allow inline inspection of the integrity of the natural gas pipeline between these two properties as required by the federal government. This project is similar to the one that was constructed near Prairie Knoll Park in 2004. The improvements will allow Northern Natural Gas to send equipment between the sites verify the integrity of the natural gas pipeline on an ongoing basis. 0 DISCUSSION City Code 12-12 requires a conditional use permit for public utility improvements outside of the public right-of-way. The proposed improvements are illustrated in the attached plans and profiles. 15920 7th Avenue NW Northern Natural Gas has an easement on the area of the underlying property that contains their equipment. This site currently contains a building and above ground piping as shown in the attached photographs. The new launcher will be installed on the north side of the existing building. The applicant has obtained additional easement area to provide space for the proposed improvements. The improvements will require the fence to be moved 25 feet to the north. The new section of fence will match the existing five foot tall chain link fence, including barbed wire on top of the fence, as shown in the attached fence detail. Access will continue to be provided from the existing access to Valley Drive NW. A small area of additional pavement will be added to allow access to the new equipment as shown on the attached site plan. 14361 7th Avenue NW Northern Natural Gas owns the property that contains all of the existing and proposed 0 improvements for this site. The site currently contains three small structures and above ground piping as shown in the attached photographs. The new receiver will be installed parallel to 7th A venue between the structures and the roadway. Access will continue to be provided from ih Avenue with the driveway that is shared with Centerpoint Energy. A site visit revealed that the paint on one of the buildings has substantially deteriorated. A 0 condition of approval requests that the building be painted. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed conditional use permit. The motion included two additional conditions of approval based on public input at the meeting. The conditions are to provide screening of the equipment with evergreen trees to reduce the noise impacts on surrounding properties and to provide slats in the fences to further screen the equipment and reduce noise. The motion applied these conditions to both sites. ACTION REQUESTED The Council is asked to approve or deny the proposed conditional use permit. Attachments Resolution Applicant's Letter 15920 7th Avenue NW Location Map 15920 7th Avenue NW Site Photographs 15920 7th Avenue Site Plan and Profile 15920 7th Avenue Fence Detail 0 14361 7th Avenue NW Location Map 14361 ih Avenue NW Site Photographs 14361 ih Avenue Site Plan and Profile Cc: Hal Wilsie, Northern Natural Gas 1650 W 82nd St Suite 1250 Mpls, MN 55431 0 - 2.,- Regular Andover Planning and Zoning Commission Meeting Minutes - April 15, 2009 0 Page 4 if she had a number in mind for trees. He stated he would have no problem working with staff on this. Commissioner Holthus stated on page 3, under association documents, she wondered where the current association townhomes are located. Mr. Westlund explained where the townhomes are located and indicated wording will be added to the documents to add the six units to the association. Chairman Daninger stated he was going to vote against this because he voted against it at the sketch plan. He stated he was not in favor of townhomes in that area. Motion carried on a 5-ayes, O-nays, O-present, 2-absent (Daninger, Holthus) vote. Mr. Bednarz stated that this item would be before the Council at the April 21, 2009 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (09-03) TO ALLOW PUBLIC UTILITYIMPROVEMENTSAT 15920 7TH A VENUE NW AND143617TH AVENUE NW 0 Mr. Bednarz explained Northern Natural Gas will be installing equipment to allow inline inspection ofthe integrity ofthe natural gas pipeline between the two properties as required by the Federal Government. This project is similar to the one that was constructed near Prairie Knoll Park in 2004. The improvements will allow Northern Natural Gas to send equipment between the sites verify the integrity of the natural gas pipeline on an ongoing basis. Commissioner Falk asked how many of these sites are in the City. Mr. Bednarz stated there is a facility on Prairie Road and these two sites. He was not sure if Northern has any other facilities in Andover. Commissioner Falk wondered ifthe station on Prairie Road could handle the equipment. Mr. Bednarz stated that was already in place. Mr. Bednarz stated he received a voicemail today from a neighbor that lives to the north of the southerly site expressing two concerns. One was noise emanating from the site and the other was the trees around the southerly site have not fared very well. Commissioner Cleveland stated there is also an issue of repainting one of the buildings on the site. Mr. Bednarz stated the applicant is agreeing to do that. 0 Chairperson Daninger stated the way he is seeing this, the fence will be expanded twenty- five feet to the north. Mr. Bednarz indicated on the northerly site it is twenty-five feet Regular Andover Planning and Zoning Commission Meeting Minutes - April 15, 2009 0 Page 5 from where the existing fence is to the north. They are also proposing to pave an additional area for access of their vehicles. Chairperson Daninger asked if the Commission could request additional trees be placed for more screening. Mr. Bednarz stated they could add reasonable conditions to mitigate adverse impacts. Commissioner Cleveland stated on the northern site as they approach there are some meters on 8x8 poles, a few are on the inside of the fence and one is on the outside, when they change this will it all be contained within the fence. Commissioner Holthus asked if there were any issues with Prairie Knoll since that was installed. Mr. Bednarz stated there have not been any issues. Motion by Casey, seconded by Cleveland, to open the public hearing. Motion carried on a 7-ayes, O-nays, O-present, O-absent vote. Mr. Bob Whitcraft, 16002 Valley Drive, stated his interest would be the northern most site. He asked what the buffer around the site meant. Mr. Bednarz stated the buffer was the mailing area for the public hearing. 0 Mr. Whitcraft asked if there would be any additional operational activities being done at this site. Chairperson Daninger thought the applicant could answer this. Mr. Whitcraft asked if there were any City plans or conditions put on the facilities in regards to vandalism or terroristic threats because they are close to residential homes. Mr. Bednarz stated there are not specific plans put on these facilities by the City. The Fire Department does go there periodically on calls. Mr. Mike McNabb, 4320 144th Lane NW, stated his property is adjoining the Northern Gas Company and he is on the edge of the buffer zone. His concern was the cosmetic look of it. He stated the trees that were originally placed on the property, at least fifty percent have died and the others look really bad. The intention was to buffer some of the sound for the neighbors. He stated there is terrible hissing coming from it at all times. He would like them to try to muffle the sound and put up more trees. He also wanted to know how this affects the property because there are some trees in there that are rough looking but did not want them to cut out more trees because it is a sound barrier for them. He stated there is a fence around the structure right now and his recommendation would be to weave some stuff in the fence so it is less noticeable to everyone. He also wanted to know if there will be any additional noise added with the changes. Mr. James McClain, 4360 144thLane, stated his concern was pretty much the same as Mr. McNabb's. He suggested they plant evergreen trees and screen the fence for noise 0 abatement as well. Regular Andover Planning and Zoning Commission Meeting Minutes - April 15, 2009 0 Page 6 Mr. Hal Wilsie, Northern Natural Gas representative, stated he could answer questions for the Commission. Chairperson Daninger asked if the meter on the outside of the fence remain where it is located. Mr. Wilson stated it would. Chairperson Daninger asked if the noise will change. Mr. Wilsie stated the noise should not change at all. He explained how the equipment works and why there is noise at the site and he stated that at the northern end is where they inject the odor into the pipeline. This is not a natural gas leak it is an odorant leak and happens every time it is filled. He stated on the southern end he did not think any trees will need to be cut. He stated due to the volume of gas that moves through the pipeline at certain times there is not anything that can be done about the hissing sound at the site. He stated he visited the site before the meeting and no noise was audible at that time. He stated the launchers and receivers do not make noise. Chairperson Daninger asked if some slats could be placed in the fence so it is screened. Mr. Wilsie stated they could do that. Chairperson Daninger stated trees were requested and would they be opposed to putting more screening there to reduce the noise. Mr. Wilsie asked when the trees were installed that died. Chairperson Daninger indicated he 0 did not know but thought more trees could be added for screening and as an additional sound barrier. Mr. Wilsie stated anything outside of the fence is not owned by Northern Natural Gas, it is owned by Center Pointe Energy and they would have to work with them on that. Mr. Whitcraft stated on the northern site, what is going to change as a result of the additions. Chairperson Daninger stated it is only the safety equipment being inserted into the pipeline. Mr. Whitcraft asked ifthere will be more traffic onsite or is this a one time deal. Mr. Wilsie stated there will be tests done to begin with and fix any flaws that are discovered and then they will need to inspect at a minimum every three years but could be longer. He stated this is safety equipment being installed which is good. Motion by Falk, seconded by Casey, to close the public hearing. Motion carried on a 7- ayes, O-nays, O-present, O-absent vote. Commissioner Casey thought it was pretty essential to put an amendment on this to have Center Pointe add landscaping for noise and screening of the site. The applicant stated they would be willing to install slats in the fence. Motion by Casey, seconded by Holthus, to recommend approval ofthe proposed Conditional Use Permit with two additional amendments to add trees for buffering all 0 around the site and to install slats in the fence that is characteristic of the neighborhood as Regular Andover Planning and Zoning Commission Meeting Minutes - April 15, 2009 0 Page 7 determined by staff for both sites. Motion carried on a 7-ayes, O-nays, O-present, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the April 21, 2009 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE 12-2-2 DEFINITIONS, 12-8-6 CONDITIONAL USE PERMIT FOR EXTERIOR STORAGE, 12-12 TABLE OF PERMITTED, CONDITIONAL & PROHIBITED USES, 12-13-3 EXTERIOR STORAGE, AND 12-13-5 SCREENING. Ms. Perera explained after discussing enforcement action pertaining to exterior storage on properties with the City Attorney, staff has discovered inadequacies in the ordinance. Staff is recommending the following amendments to the City Code pertaining to exterior storage. The proposed amendments do not change the intent of the current ordinance as they are currently written and are mainly suggested for clarification purposes of when and where exterior storage is allowed as outlined below: . Add the following definitions: "Outdoor display, storage, and sales", 0 "Lumberyard", and "Building materials" . Exclude the Residential District from the option to obtain a CUP for exterior storage. Staff has historically interpreted the ordinance this way. . Remove "building materials" from the Table of Permitted, Conditional & Prohibited Uses since it is not needed with the addition of the definition which states where and when it would be allowed. Staff has made suggestions related to screening of exterior storage that may differ from historical practice. Staff has clarified that screening should be visible "at ground level" in relation to exterior storage. The intent being that a property would be considered to be in compliance when the exterior storage is adequately screened from a neighboring property and from a public street both visible at ground level. The City attorney has suggested the need to clarify where screening is visible ("at ground level") to be added for practicality purposes and from a safety perspective for code enforcement staff. Ms. Perera discussed the staff report with the Commission. Commissioner Cleveland wondered if it was ok to park vehicles in the front yard that do not run. Ms. Perera stated they cannot and that the property owner would need to store the vehicles either on the driveway if operable with current tabs or in a garage if inoperable or expired tabs. Commissioner Cleveland asked who determines a driveway. Ms. Perera stated there is language in the ordinance pertaining to driveways. 0 Motion by Cleveland, seconded by Falk, to open the public hearing. Motion carried on a 7-ayes, O-nays, O-present, O-absent vote. CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT REQUEST OF NORTHERN NATURAL GAS TO ALLOW EXPANSION OF UTILITES AT 15920 7TH AVENUE NW AND 14361 7TH AVENUE NW LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, Northern Natural Gas has requested a conditional use permit to allow expansion of utilities on the subject properties; and WHEREAS, the Planning Commission held a public hearing and has reviewed the request; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover and recommends to the City Council approval of the conditional use permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and approves the conditional use permit to allow expansion of utilities on said properties with the following conditions: 1. The improvements shall conform to the site plans and profiles stamped received by the 0 City of Andover March 31, 2009 and April 8, 2009. 2. The applicant shall paint the northerly building at the 14361 ih Avenue NW site and shall maintain the exterior of all ofthe structures on an ongoing basis. 3, The applicant shall provide screening from adjacent properties on both sites with evergreen trees to reduce the noise impact and provide screening from surrounding properties as determined through discussions with staff. 4. The applicant shall provide slats within the chain link fence for both sites to screen the above ground equipment from adjacent properties and reduce noise impacts. The color of the slats shall be green or tan. Adopted by the City Council of the City of Andover on this_day of ,2009. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor 0 Michelle Hartner, Deputy City Clerk -3- Resolution 0 Exhibit A Legal Descriptions 15920 ih Avenue NW 18-32-24-42-0001 That part of the West half ofthe Southeast Quarter of Section 18, Township 32, Range 24, Anoka County, MInnesota, described as follows: From a point distant 33.31 chains East and 7.44 chains North, 2 degrees 45 minutes West from the Southwest comer of the Northwest Quarter of the Southwest Quarter of said Section 18, thence South 58 degrees East 6.213 chains; thence North 47 degrees East 2.96 chains; thence North 59-1/2 degrees East 3.64 chains to the center of road running North through center of smd Section and the actual place of beginning; thence North on said road 1.14 chains, thence South 79 degrees East 2.64 chains, thence South 61-1/2 degrees East 2.28 chains; thence South 35 degrees East 1.91 chains; thence South 46-1/2 degrees East 3.23 chains to center of road leading from Anoka to St. Francis, thence Southerly along the center line ofroad to the center line of road first above mentioned as running North through the center of said Section 18, thence _ Norlh to the actual place of beginning. Except that part thereof embraced in the plat ofANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 4, according to the plat thereof on file and of record in the office ofthe County Recorder in' and for said County and State. Also except: 0 Parcels 2 and 3, Alloka County Highway Right-of-Way Plat No. 45, according to the map or plat thereof on file and of record in the office of the Anoka County Recorder. Abstract 14361 7th Avenue NW 30-32-24-42-0002 The following described premises, situated in Anoka County, and State of Minnesota, to-wit:: All of a tract of land out of the Southeast Quarter of Section 30, Township 32 North, Range 24 West, more particularly described as follows: Beginning at a point 2622.05 feet West and 869.2 feet South of the East quarter comer of said section, said point being on the East right-of-way line of County Aid Road #29; thence East a distance of 125 feet; thence South a distance of 100 feet; thence West a distance of 125 feet to a point on the East right-of-way line of County Aid Road #29; thence aloing said East right-of-way line of County Aid Road #29; thence North along said East right-of-way line a distance of 100 .feet to the point of beginning 0 - 11- ~ ~~~~;'[g.as Northern Natural Gas Company 1650 West 82nd Street Suite 1250 Bloomington, MN 55431 March 31, 2009 Mr. Courtney Bednarz City Planner City of Andover, Minnesota 1685 Crosstown Blvd. N.W. Andover, Minnesota 55304 Dear Mr. Bednarz: Northern Natural Gas Company is a natural gas transmission company regulated by the Federal Energy Regulatory Commission (FERC). As such, Northern is required to follow the safety guidelines of the United States Department of Transportation which are administered by the FERC. The six-inch Anoka Branch Line has been identified under the high consequence area 0 (HCA) program as a pipeline that requires ongoing inline inspection. The inspection method to be used in this case is smart tooling. In order to perform this inspection, the pipeline will require modifications. One six-inch by eight-inch pig launcher will be located in the Southeast Quarter of Section 18, Township 32 North, Range 24 West and one six-inch by eight-inch pig receiver will be located in the Southeast Quarter of Section 30, Township 32 North, Range 24 West, all in Anoka County, Minnesota. This will allow us to inspect approximately 2.01 miles of pipeline. 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PCA'" P-3630 BFT P-0324 P-5229 G (2) P-0324 4.500" 00, 0.237" WT, GR B P-5828 B (2) P-6701 BB P-6728 ST P-6828 P AREA PIPING PLAN, EXISTING MNB87301 SEE DWG P5-7 6.625" 00, 0.250" WT, GR B [- ;H .ur I~ A I ;H ~ I ro ~ ID .... I : ~ 5: 1M PP..O Y EMENrs , ... I ~ ~ ANOKA #1 PAD GAS :t 0 l FACILITY CODE: 759011 ~ <l: I NEW FENCE LINE SKID MOUNTED TBS I ~ II III ~ EXtSTINGoPROPER'iYliNEo-.-o- 0-'-'-'-0-'--, 15 1"01 ~ 2" I \) ~ I 1 ':: <( 150# o I " I '- w I I I;H 1"RELlEF "I " I '9 VALVE J _ I 1 I 10 FOUNDATION ~q Iw 1 I, ~ g I 0 " 15' REG BLDG I C\I c:3:: en 0:: Ul I ~ I -tEO.1JNDATIQ..N 6.625" 00, ? I ~ I 15 "I : TIE IN 0.280" WT, J"'I :> b GRB <? 5: I :> -' Il) w 6" RELIEF >- .. en a.. z I ~ ! 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FIl.ENO, P115 REVISION - DESCRIPTION BY DATE CHK'D APP'D "",,-",1'=2O'-ll' -~.- I JI1~(p1 7-r11- l!- NN 7'",,' PIl..O FIt..€. 64'-10":1: 3'-2":1: FIELD VERIFY W I 0 ~~ I "--i I :<- ,,0 a:~ ~ " "':c :l: , ~ 5'-2";1; ~ FIELD VERIFY 0 ~ ~ "''' @ rn~ 6" "'" :<e "" ,-I " ~(g ...,.: 0 ~ _;0 ~;":f <::;~j~?::~:~':~X:? ;-> 1,,-1 li: " ~ ~~ j;; ~ ~ ~() "--i .:~: . :<- ,,0 '. . ~ ~ ~?; ...: 3'-1" : ;," ,'. ~:: :...,,~ ,. m ~ ~?' ^ ~~d .......!'- "me 0 ~~~ ........: " " S;;:G:l~ :.~.~ ~ ,,"0 I m~Z In- I(j')P~" ~ ~~~ m'" ~~8~ m:<; " ~ ,,~ I ~gO m ' ;= zli. !" m ' I .' '1J"1J"1J"O ~fii ~~~~ rln g8 CI z-l I 0'" " " ttI(j')CI>-n -Ir I z~~E ~ mO ~ Zz ~ A" ~ "'0 ;< @ 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Y TO: Mayor and Councilmemebers Jim Dickinson, City Administrator' . CC: Will Neumeister, Community Development DirectoruJ- FROM: Angie Perera, Associate Planner1\YUf SUBJECT: Consider City Code Amendment/Changes to City Code 12-2-2 Definitions, 12-8-6 Conditional Use Permit for Exterior Storage, 12-12 Table of Permitted, Conditional & Prohibited Uses, 12-13-3 Exterior Storage, and 12-13-5 Screening. DATE: April 21, 2009 INTRODUCTION After discussing enforcement action pertaining to exterior storage on properties with the City Attorney, staff has discovered inadequacies in the ordinance which brings this draft amendment before you this evening. Staff is recommending the following amendments to the City Code pertaining to exterior storage. The proposed amendments do not change the intent of the current ordinance as currently written and are mainly suggested for clarification purposes of when and 0 where exterior storage is allowed as outlined below: . Add the following definitions: "Outdoor display, storage, and sales", "Lumberyard", and "Building materials" . Exclude the Residential District from the option to obtain a CUP for exterior storage. Staffhas historically interpreted the ordinance this way. . Remove "building materials" from the Table of Permitted, Conditional & Prohibited Uses since it is not needed with the addition of the definition which states where and when it would be allowed. Staff has made suggestions related to screening of exterior storage that may differ from historical practice. Staff has clarified that screening should be visible "at ground level" in relation to exterior storage. The intent being that a property would be considered to be in compliance when the exterior storage is adequately screened from a neighboring property and from a public street both visible at ground level. The City attorney has suggested the need to clarify where screening is visible ("at ground level") to be added for practicality purposes and from a safety perspective for code enforcement staff. Screening Examples: . Violation - A situation may not be visible at ground level on a public street but is visible at the neighboring property at ground level. In other words, there is insufficient screening 0 at ground level at the neighbor's property. In that situation, the complainant may wish to give permission to staff to enter onto their own property to view a situation at ground level. 1 . Compliance - If a property is adequately screened from a public street and from the 0 neighboring property both at ground level, the situation would be considered as adequately screened and not a violation. DISCUSSION Section 12-2-2 Definitions Staff has proposed to add the following definitions to this section: "Outdoor display, storage, and sales", "Lumberyard", and "Building Materials." The reason for adding these definitions is largely due to the fact that exterior storage of these items has been problematic at times. Exterior storage is also one of the more common complaints the City receives. Building materials is usually the most common thing to be kept on properties at length where a building permit has expired, or where they would normally not be permitted or otherwise allowed. The other concern is that outdoor display and lumberyard are currently listed in the table of uses but there is currently no definition included within the City Code to describe them. Section 12-8-6 Conditional Use Permit for Exterior Storage Staff has added language to this section to specifically exclude exterior storage as a conditional use within the Residential Districts. 0 This section needs clarification since it currently implies that properties in all zoning districts are eligible to apply for a conditional use permit for exterior storage. This section conflicts with Section 12-13-13 Exterior Storage, which specifically identifies certain exterior storage items that may be permitted within Residential Districts. Past practice has not allowed conditional use permits for exterior storage for properties within Residential Districts. Exterior storage is also a common complaint reported to the City. Residents have commented that excessive exterior storage tends to depreciate their property values and creates a blighted appearance. Staff would recommend not allowing any additional exterior storage beyond what is currently allowed. Section 12-12 Table of Permitted, Conditional & Prohibited Uses Staff is proposing to remove "Building materials" from this table since the new definition for "building materials" explains when building materials would be allowed to be stored on a property . Building materials is currently only listed as a permitted use within the Industrial District. This currently implies that even with an active building permit, building materials would not be allowed to be stored on a property other than in the Industrial District. Section 12-13-3 Exterior Storage Section 12-13-3 A. pertaining to the Residential District, staff has deleted the words "construction equipment" and replaced it with "building materials" since a new definition has been added to clarify when these materials are allowed as exterior storage, Staff has also added 0 language pertaining to screening so that it references the particular section of the city code that outlines the specific requirements for screening. 2 Section 12-13-3 A. subpart 4, staff has deleted the current language and added new language. 0 Staff has essentially added a revised edit of the current language so that it is easier to interpret. Section 12-13-3 B, staff has changed the language from "all districts" to "all districts except Residential Districts" so that it is clear that a conditional use permit is not an option for exterior storage within those districts. Staff also added subparts a. and b. to this section for clarification purposes as to when a CUP would be allowed for exterior storage. Section 12-13-5 Screening Staff has added the language "as visible from ground level" (as listed below). The reason for this is to avoid situations where a complainant reports a violation that can only be seen from the second story of their house and wants staff to come into their house to view the situation. As discussed earlier, the situation may involve exterior storage that is screened from neighboring properties and also from the public street both at ground level. Exterior Storage: Screening from residential properties and public streets as visible from ground level shall be provided with an architecturally compatible opaque fence with a minimum height of six feet as measured from the surface of the exterior storage area. Planning Commission Recommendation The Planning Commission recommended approval of the ordinance amendment as proposed by staff with a 7 to 0 vote. 0 Attachments Summary Ordinance Proposed Ordinance Planning Commission Minutes ACTION REQUESTED The Council is requested to adopt the ordinance as proposed or with modifications and also adopt the summary ordinance that will be published in the Anoka Union. 0 3 Regular Andover Planning and Zoning Commission Meeting Minutes - April 15, 2009 0 Page 7 determined by staff for both sites. Motion carried on a 7-ayes, O-nays, O-present, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the April 21, 2009 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE 12-2-2 DEFINITIONS, 12-8-6 CONDITIONAL USE PERMIT FOR EXTERIOR STORAGE, 12-12 TABLE OF PERMITTED, CONDITIONAL & PROHIBITED USES, 12-13-3 EXTERIOR STORAGE, AND 12-13-5 SCREENING. Ms, Perera explained after discussing enforcement action pertaining to exterior storage on properties with the City Attorney, staffhas discovered inadequacies in the ordinance. Staff is recommending the following amendments to the City Code pertaining to exterior storage. The proposed amendments do not change the intent of the current ordinance as they are currently written and are mainly suggested for clarification purposes of when and where exterior storage is allowed as outlined below: . Add the following definitions: "Outdoor display, storage, and sales", "Lumberyard", and "Building materials" 0 . Exclude the Residential District from the option to obtain a CUP for exterior storage. Staff has historically interpreted the ordinance this way. . Remove "building materials" from the Table of Permitted, Conditional & Prohibited Uses since it is not needed with the addition of the definition which states where and when it would be allowed. Staff has made suggestions related to screening of exterior storage that may differ from historical practice. Staff has clarified that screening should be visible "at ground level" in relation to exterior storage. The intent being that a property would be considered to be in compliance when the exterior storage is adequately screened from a neighboring property and from a public street both visible at ground level. The City attorney has suggested the need to clarify where screening is visible ("at ground level") to be added for practicality purposes and from a safety perspective for code enforcement staff. Ms. Perera discussed the staff report with the Commission. Commissioner Cleveland wondered if it was ok to park vehicles in the front yard that do not run. Ms. Perera stated they cannot and that the property owner would need to store the vehicles either on the driveway if operable with current tabs or in a garage if inoperable or expired tabs. Commissioner Cleveland asked who determines a driveway. Ms. Perera stated there is language in the ordinance pertaining to driveways. 0 Motion by Cleveland, seconded by Falk, to open the public hearing. Motion carried on a 7-ayes, O-nays, O-present, O-absent vote, Regular Andover Planning and Zoning Commission Meeting Minutes - April 15, 2009 Page 8 0 There was no public input. Motion by Casey, seconded by Kirchoff, to close the public hearing. Motion carried on a 7 -ayes, O-nays, O-present, O-absent vote. Motion by Kirchoff, seconded by Casey, to recommend to the City Council the changes outlined in the staff report as presented. Motion carried on a 7-ayes, O-nays, O-present, 0- absent vote. Ms. Perera stated that this item would be before the Council at the April 21, 2009 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE 4-2 GARBAGE, RECYCLABLES AND REFUSE, AND CITY CODE 4-4 WEEDS, GRASSES, AND OTHER HARMFUL VEGETATION PERTAINING TO THE ABATEMENT PROCESS WITHIN EACH CHAPTER. Ms. Perera stated that staff continues to work with the City Attorney on reviewing the abatement process within Title 4: Public Health and Safety. The City Attorney has 0 communicated that there may be additional edits to other sections within Title 4 that have not been identified in the recent public hearing notice. Due to the additional work and advertisement that is needed, it is recommended that the full draft ordinance amendment be brought up for review at the next Planning and Zoning Commission meeting on May 12,2009, Ms. Perera explained that the public hearing would need to be opened up and then continued to the next Planning and Zoning Commission meeting. Motion by Falk, seconded by Casey, to open the public hearing. Motion carried on a 7- ayes, O-nays, O-present, O-absent vote. There was no public input. Motion by Cleveland, seconded by Casey, to continue the public hearing to the May 12, 2009 Planning and Zoning Commission meeting. Motion carried on a 7 -ayes, O-nays, 0- present, O-absent vote. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY - AN ORDINANCE AMENDING CODE SECTIONS 12-2-2, 12-8-6, 12-12, 12-13-3, and 12-13-5 (EXTERIOR STORAGE AND SCREENING CODES) STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy These sections of the Andover City Code contain language that is being amended in the definitions, Table of Permitted, Conditional & Prohibited Uses Table, and other sections pertaining to exterior storage and screening of exterior storage, The code changes do not change the intent of the ordinance. The amendments provide clarification for code enforcement purposes. 0 GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this Ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 21 st day of April, 2009. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor 0 -y- 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO, - THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINTIONS BUILDING MATERIALS: Construction equipment and buildinq materials currently beinq used for the construction of a structure on a premise of a property for which an active buildinq permit has been applied for and issued. LUMBERYARD: A business that stores lumber and wood related products in a yard to be sold for use in construction 0 and/or home improvement ~- OUTDOOR DISPLAY, STORAGE, AND SALES: Means to store or exhibit. outside a commercial or industrial buildinq, a representative sample of merchandise, qoods or inventory intended for sale, rent or lease in the normal course of the principal occupant's business. CHAPTER 8: REQUIREMENTS FOR SPECIFIC CONDITIONAL USES 12-8-6: EXTERIOR STORAGE: In all districts excludinq residential districts, the governing body may order the owner of property to apply for a Conditional Use Permit to conduct an open storage use, including existing uses, provided it is found that said use constitutes a threat to the public health, safety, convenience, morals or general welfare. (Amended Ord. 8, 10-21-1970) CHAPTER 12: PERMITTED, CONDITIONAL AND PROHIBITED USES ENUMERATED Permitted, Permitted Accessory, Conditional, and Prohibited Zoning Districts Uses 0 R-I R-2 R-3 R-4 R-5 M-1 M-2 GR LB NB SC GB I Building materials or lumberyard P Lumbervard --?'- 0 CHAPTER 13: PERFO~CESTANDARDS 12-13-3: EXTERIOR STORAGE: A. Residential Districts: All materials and equipment shall be stored within a building or fully screened (as outlined in Section 12-13-5) so as not to be visible from adjoining properties, except for the following: 1. Clotheslines and recreational equipment. 2. Construction equipment Buildinq materials currently being used on the premises of a property with an active building permit. 3. Agricultural equipment and materials if these are used or intended for use on the premises. 4. Off street parking of a combination of not more than 1'.\'0 (2) licensed and operable passenger vehicles or pickup trucks not parked entirely upon the required drive'/.'ay or in an enclosed garage or storage building, boats, and licensed, operable, and unoccupied trailers less than f\^:enty feet (20') 0 in length are permissible if stored in the rear yard more than ten feet (10') from the property line. 1. Unless parked entirelv upon the required driveway or in an enclosed qaraqe or storaqe buildinq, no more than a combination of two (2) of the followinq may be stored in the rear yard, more than ten (10) feet from the property line: a. licensed and operable passenqer vehicles or pick-up trucks; b. boats; and c. licensed, operable and unoccupied trailers less than twenty (20) feet in lenqth. B. All Districts except Residential Districts: The City Council may require a Conditional Use Permit for any exterior storage of the followinq: a. If it is demonstrated that such storage is a hazard to the public health, safety, convenience, or morals, or has a depreciating effect upon nearby property values, or impairs scenic views, or constitutes a threat to living amenities. b. Anv exterior storaqe that is not enumerated in Section 12-13-3 subpart 1-4. 12-13-5: SCREENING: A. Exterior Storage: Screening from residential properties and public streets 0 as visible from qround level shall be provided with an architecturally compatible opaque fence with a minimum height of six feet as measured from the surface of the exterior storage area. Plant material shall be provided on the outside of the fence for aesthetic appeal. Additional fence height and/or berming shall be required if a six foot fence would not block direct vision of the exterior storag~';G:_ 0 Adopted by the City Council of the City of Andover on this _ day of ,2009, ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor 0 0 -7- < b\2j\~T AMENDmfNTS w L\lL\ (ODE= .~ \\TLE l)-; ZDN\~b {Le6LlLATlrNS 0 on a public right-of-way, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roofl to the mean distance of the highest gable on a pitched or hip roof. BUILDING MATERIALS: Construction equipment and buildinq materials currentlv beinq used for the construction of a structure on a premise of a property for which an active buildinq permit has been applied for and issued. BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. CARPORT: An automobile shelter having one or more sides open. CELLAR: That portion of the building having more than 0 one-half (1/2) of the floor to ceiling height below the average grade of the adjoining ground. CEMETERY: Land used for the burial of human bodies, excluding crematoriums. (Amended Ord. 314, 10-4-2005) CHURCH: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. CLEAR VIEW TRIANGLE: An area on corner lots where nothing shall be placed or allowed to grow to a height of between two and one-half feet (2 %') and ten feet (10') within fifteen feet (15') of the intersecting street right of way lines. (Amended Ord. 8,10-21-1970; amd. 2003 Code) (Amended Ord. 314, 10-4-2005) 0 CLUB: A nonprofit association of persons who are bona fide --f- 0 lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the City Council. If the corner lot is located outside the Metropolitan Urban Service Area (MUSA) and lacks municipal sanitary sewer, the owner may designate the front line, provided one of the lot lines abutting a public street meets the minimum width requirement for the zoning district. Setbacks shall be determined by said designation of front lot line. LOT LINE, REAR: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet (10') in length within the lot, parallel to, and at the maximum distance from the front lot line. LOT LINE, SIDE: Any boundary of a lot that is not a front lot line or a rear lot line. 0 LOT OF RECORD: Any lot which is one unit of a plat heretofore duly approved and filed, or one unit of an Auditor's Subdivision or a Registered Land Survey, or a parcel of land not so platted, subdivided or registered but for which a deed, Auditor's Subdivision or Registered Land Survey has been recorded in the office of the County Recorder of Anoka County, Minnesota, prior tothe effective date of this title. LOT, THROUGH: A lot that has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. On a "through lot", both street lines shall be front lot lines for applying this title. LOT WIDTH: The horizontal distance between the side lot lines of a lot measured at the front setback line. (Amended Ord. 314, 10-4-2005) LUMBERYARD: A business that stores lumber and wood related products in a yard to be sold for use in construction and/or home improvement. 0 MANUFACTURED HOME: A structure, transportable in one or more sections that, in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in ~,r . 0 businesses and private homes. OPEN SALES LOT (EXTERIOR STORAGE): Any land used or occupied for the purpose of buying and selling any goods, materials, or merchandise and for the storing of same under the open sky prior to sale. ORNAMENTAL FENCE: A fence not greater than six feet (6') in height that is constructed from aluminum, wrought iron or steel, with pickets no greater than two inches (2") in width and no less than four inches (4") apart. Vertical support posts shall not exceed six inches (6") in width and shall be spaced a minimum of four feet (4') apart. Horizontal framing crosspieces shall not exceed three inches (3") in width. No other material shall obstruct visibility through the fence. Chain link fences are specifically excluded from this definition. OUTDOOR DISPLAY, STORAGE. AND SALES: Means to store or exhibit. outside a commercial or 0 industrial buildinQ, a representative sample of merchandise, Qoods or inventory intended for sale, rent or lease in the normal course of the principal occupant's business. PARAPET: The extension of the main walls of a building above the roof level. PARKING SPACE: A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store a standard automobile. PARTY WALL: A wall which divides two (2) adjoining properties and in which each of the owners of the adjoining properties has rights of enjoyment. PASSENGER AUTOMOBILE: Any motor vehicle designed and used for the carrying of not more than ten (10) persons including station wagons but excluding motorcycles and motor scooters. For purposes of taxation, 0 "passenger automobile" includes pickup trucks and vans. -~- 0 City Council in the amount provided by the fee resolution, set forth in this code; 3, The Fire Chief may deny a permit to persons not capable of performing pursuant to ordinance requirements. (Amended Ord. 314, 10-4-2005) 12-8-6: EXTERIOR STORAGE: In all districts excludinq residential :tt:'. ,....p districts, the governing body may order the owner of property to apply for a Conditional Use Permit to conduct an open storage use, including existing uses, provided it is found that said use constitutes a threat to the public health, safety, convenience, morals or general welfare. (Amended Ord. 8,10-21-1970) 12-8-7: AUTOMOBILE SERVICE STATION The regulation of automobile service stations strives to achieve compatibility of these stations with adjacent and abutting land uses. In addition, such regulation is intended to protect the public health, safety and general welfare by mitigating and potentially detrimental aspects of automobile service stations, including potential traffic hazards, noise, light glare at night, outdoor storage of merchandise, indiscriminate advertising, environmental health hazards, and the 0 like. Automobile service stations shall be subject to the following: A. All new buildings, the site, tanks, piping and dispensing stations, shall comply with the current provisions of the International Building Code, Minnesota State Fire Code, and all provisions related to underground liquid storage systems required in Section 12-8-7 of this code. B. Building permits shall not be issued for new construction or remodeling of facilities unless Fire Department approval has been received. C. Hours of operation will be approved by the City Council. D. The site plan shall show parking areas for customers, employees, service vehicles and those needing repair and no other areas of the site will be allowed vehicle parking. No vehicle shall be parked awaiting service longer than ten (10) days. Inoperable vehicles are regulated per section 6-5 of City Code. E. Pump islands are subject to setback requirements. F. Exterior storage and sales shall only be allowed as approved through the Conditional Use Permit. (Amended Ord. 314, 10-4-2005) 0 -11-- u <r: u :>< >< :>< :>< :>< :>< 0 j::Q ~ P-< P-< P-< ..a bJ) I-< .~ c;l 0 c;l ..D I-< ~ <I.) ...... ..a ;::l .t:l ~ U :>< :>< bJ) 0 <I.) m ~ P-< ...... ..a 0 ;::l "t <I.) Z r:/) '"0 .... J J ;::l ;.. I U ~ I--< .... N IE;; ~ I ~ ~ 00 1-1 ~ U :>< >< :>< :>< :>< :>< >< :>., "0 <I.) 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',p ...c: Q) Q N 0 ..c X'C .,g oo.C <( I- gOO;::: Q) <tl ...... ...... 1U 1U <tl ~"O Q)S <=> 0 U Q) 0.. _ Q) 0.. ~ 0.. 00 - U...J <( (f) >r-. ...c:...c:............ C,) <tl,..q <=> Q) Q) Q) Q) 0 N >>>>>~~ <C. .... '--' ....... ....... N ('r) "" tr) \0 l:"-- 00 0\ -fL--- . 0 12-13-3: EXTERIOR STORAGE: A. Residential Districts: All materials and equipment shall be stored within a building or fully screened (as outlined in Section 12-13-5) so as not to be visible from adjoining properties, except for the following: 1. Clotheslines and recreational equipment. (Amended Ord. 314 10-4- 2005) 2. Construction equipment Buildinq materials currently being used on the premises of a property with an active building permit. (Amended Ord. 314 10-4-2005) 3. Agricultural equipment and materials if these are used or intended for use on the premises. 4. Off street parking of a combination of not more than t\.\'O (2) licensed and operable passenger vehicles or pickup trucks not parked entirely upon 0 the required drive\Nay or in an enclosed garage or storage building, boats, and licensed, operable, and unoccupied trailers less than tVw'enty feet (20') in length are permissible if stored in the rear yard more than ten feet (10') from the property line. (Amended Ord. 314 10 4 2005) 4. Unless parked entirely upon the required driveway or in an enclosed qaraqe or storaqe buildinq, no more than a combination of two (2) of the followinq may be stored in the rear yard, more than ten (10) feet from the property line: a. licensed and operable passenqer vehicles or pick-up trucks: b. boats; and c. licensed, operable and unoccupied trailers less than twenty (20) feet in lenqth. B. All Districts except Residential Districts: The City Council may require a Conditional Use Permit for any exterior storage of the followinq: a. If it is demonstrated that such storage is a hazard to the public health, safety, convenience, or morals, or has a depreciating effect upon nearby property values, or impairs scenic views, or constitutes a threat to living amenities. (Amended Ord. 8, 10-21- 1970) b. Any exterior storaqe that is not enumerated in Section 12-13-3 subpart 1-4. 0 12-13-4: REFUSE IN ALL DISTRICTS: -11- 0 A. Interpretation: All exterior storage not included as a permitted accessory use, a permitted use, or included as part of a Conditional Use Permit, or otherwise permitted by provisions of this title shall be considered as refuse. B. Storage Of Refuse: All waste material, debris, refuse, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. All non-residential uses shall have trash enclosures built of materials that match the principal structure and have an opaque gate made of wood or metal (metal chain link with slats is not acceptable). (Amended Ord. 314, 10-4-2005) C. Vacant Land: The owner of vacant land shall be responsible for keeping such land free of refuse and weeds. D. Existing Uses To Comply: Existing uses shall comply with this provision within six (6) months following enactment of this title. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 0 12-13-5: SCREENING: A. Exterior Storage: Screening from residential properties and public streets as visible from qround level shall be provided with an architecturally compatible opaque fence with a minimum height of six feet as measured from the surface of the exterior storage area. Plant material shall be provided on the outside of the fence for aesthetic appeal. Additional fence height and/or berming shall be required if a six foot fence would not block direct vision of the exterior storage. 1. Landscaping products and merchandise displayed for sale in limited quantities may be exempt from this screening requirement provided that a Conditional Use Permit and commercial site plan approval have been achieved and the approved plan provides specified locations, appearance and maintenance criteria and prevents conflicts with traffic circulation and emergency access. B. Loading Docks: Screening of loading docks from public streets and residential properties shall be provided to the top of the loading door(s). Such screening shall be provided with a wing wall constructed from the same materials as the principal structure whenever possible. Other views into the loading dock from public streets and residential properties shall be 0 screened with a combination of berming, fencing and landscaping to a -if- Qi) 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 Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule May Council Workshop DATE: April 21, 2009 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of May for a number of miscellaneous business items. DISCUSSION 0 Potential agenda items for a general May workshop have been identified as follows: 1. Strategic Planning Session Follow Up 2. 2010 Budget Development Guideline Discussion 3. 2011-2015 Capital Improvement Plan Discussion 4. Water Quality Requirements - Lower Rum River Watershed District 5. Discuss Assessment Policy Manual 6. Continued Discussion on Alternative Energy Options 7. Update on Hanson Boulevard Sustainable Landscape Pilot Project 8. Continued Discussion Single Family Residential Market Value Preservation Other items may be added upon Council request. ACTION REQUIRED Schedule a May Council workshop, suggested dates are: Tuesday May 26th, Wednesday May 27th, Thursday May 28th at 6:00 pm, or other dates or times acceptable to the Council. - 0 @ C I T Y 0 F 0 NDOVE 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: April 21, 2009 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on CIP Projects 0 4. Legislative Update 5. Meeting reminders 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 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 April 21, 2009 City Council Meeting DATE: April 21, 2009 The City Council is requested to receive the following supplemental information. Consent Items 0 Item #6. Additional Information. Accept Petition/Order Feasibility Report/09-22/Bunker Lake Blvd. NW Frontage Road/Jay Street Realignment (Supplemental) - Engineering Discussion Items Item #9. Additional Information. Discuss Hawkridge Park Irnprovements/09-18(Supplemental)- Engineering Item #14. Additional Information. Consider City Code Amendment/Changes to City Code 12-2-2 Definitions, 12-8-6 Conditional Use Permit for Exterior Storage, 12-12 Table of Permitted, Conditional & Prohibited Uses, 12-13-3 Exterior Storage, and 12-13-5 Screening (Supplemental)- Planning Item #14a Add-On. Consider Resolution Opposing Anoka County HRA levy-Administration Item #14 b Add-On. Consider Appointing City of Andover Board of Review Alternates- Administration 0 0 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW,CI.ANDOVER,MN,US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public orks/City Engineer SUBJECT: Accept Petition/Order Feasibility Report/09-22/Bunker Lake Boulevard NW Frontage Road/Jay Street Realignment - Engineering DATE: April 21, 2009 Staff is submitting supplemental letters from Kottke's Bus Service to support this item. 0 0 0 KOTTKES' BUS SERVICE, INC. 13625 JAY ST NW ANDOVER MN 55304 763-755-3100 April 16, 2009 Andover City Engineer 1685 Crosstown Blvd NW Andover, MN 55304 RE: Relocation and improvements of service road D,ear City Engineer: 0 We do hereby petition for improvements and relocation of the service road that is adjacent to our properties of: 1714 Bunker Lake Blvd NW and 1716 Bunker Lake Blvd. The cost of the improvement/relocation would be assessed against my benefiting property. It also is to be known that Kottkes' Bus Service, Inc. reserves the right to withdraw from this petition at its discretion. Said petition is unanimous and the public hearing may be waived. We would like any assessment to over a 10 year period. ~~~ ---=:-' Cfiar{es 5l1. CFeterson President Kottkes' Bus Service, Inc. (763)755-3100 ext #20 0 0 Eddy's Auto Body And Repair Inc. 1786 Bunker Lake Boulevard NW Andover, MN 55304 04/16/09 Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: 0 We do hereby petition for im rovements of water main, sanitary sewer, storm sewe . cle one or more) with the costs or the improvement to e essed against my benefiting property. Said petition is unanimous and the public hearing may be waived. Sincerely, ~~ Edward Prater 1786 Bunker Lake Boulevard NW Andover,MN,55304 763-575-5353 0 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 Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public orks/City Engineer FROM: Todd J. Haas, Assistant Public Works Director SUBJECT: Discuss Hawkridge Park Improvements/09-18 - Engineering DATE: April 21, 2009 Staff is submitting a supplemental letter received today from a resident that is unable to attend tonight's City Council meeting. 0 0 0'1 -, t3 RECEIVED 3028 I8Ist Ave. NW 1:13^~~I:) 0 APR 1 5 2009 Cedar, MN 55011 I 6W~ 9 P ~Q\9 April 21, 2009 CITY OF ANDOVER CI1({~VER Dear Mayor and Distinguished Council: I'm writing to support the continued operation of a skating ring and outdoor hockey rink at Hawk Ridge Park in northern Andover. I am working this evening and unable to attend the council meeting. During the Park & Rec meeting a couple weeks ago I mentioned a documentary that aired on Twin Cities Public Television in January called "Pond Hockey" which celebrated neighborhood outdoor hockey over the years in the upper Midwest and Canada. It was also concerned about the demise of these neighborhood rinks and hence the pick up games and community they developed. The documentary talked about the type of skating it developed. When ice is less than perfect how good the skaters become because they have to be very quick to deal with a puck that won't necessarily travel in a straight line. Look at the skaters in the neighborhood right now; the Benik boys of 81. Francis High School are a prime example of good kids and great skaters and goal tenders that can develop when a neighborhood 0 has access to a outdoor rink. The documentary also celebrated the pick-up game, where a bunch of kids (or adults) come out to skate on a winter evening or weekend afternoon and play each other for the fun of it without refs or coaches and just have fun. As I stated in the Park & Rec meeting, we are witnessing the decline of "unorganized sports" where kids get together and play and have fun, and if there are disputes about rules or being too rough or who hit the puck out of bounds, the kids have to figure out how to settle disagreement without a supervisor. And this is a good thing, there aren't as many of these opportunities as there were when we were kids. In conclusion, the rinks at Hawk Ridge Park need to stay, it's an asset for northern Andover and an opportunity for winter outdoor exercise for all of us who live up here. Thank you for your time and consideration. Sincerely, J~~~ Theresa Meyer 3028 181st Ave. NW 0 Cedar, MN 55011 (Andover resident) 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 Councilmemebers ~ CC: Jim Dickinson, City Administrator . Will Neumeister, Community Development Director we?-- FROM: Angie Perera, Associate Planner. ,~~ SUBJECT: Consider City Code Amendment/Changes to City Code 12-2-2 Definitions, 12-8-6 Conditional Use Permit for Exterior Storage, 12-12 Table of Permitted, Conditional & Prohibited Uses, 12-13-3 Exterior Storage, and 12-13-5 Screening. (Supplemental) DATE: April 21, 2009 Staff is submitting a supplemental item to the City Council to implement suggestions from Councilmember Don Jacobson, per meeting with staff this afternoon. 0 0 1 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. - THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINTIONS BUILDING MATERIALS: Construction equipment and buildinq materials currentlv beinq used for the construction of a structure on a premise of a property for which an active buildinq permit has been applied for and issued. LUMBERYARD: A retail business that stores lumber and wood related products to be sold for use in construction and/or home improvement 0 OUTDOOR DISPLAY. STORAGE. AND SALES: Means to store or exhibit. outside a commercial or industrial buildina. a representative sample of merchandise. qoods or inventory intended for sale. rent or lease in the normal course of the principal occupant's business. CHAPTER 8: REQUIREMENTS FOR SPECIFIC CONDITIONAL USES 12-8-6: EXTERIOR STORAGE: In all districts excludinq residential districts, the governing body may order the owner of property to apply for a Conditional Use Permit to conduct an open storage use, including existing uses, provided it is found that said use constitutes a threat to the public health, safety, convenience, morals or general welfare. (Amended Ord. 8, 10-21-1970) CHAPTER 12: PERMITTED, CONDITIONAL AND PROHIBITED USES ENUMERATED Permitted, Permitted Accessory, Conditional, and Prohibited Zoning Districts Uses 0 R-l R-2 R-3 R-4 R-5 M-l M-2 GR LB NB SC GB I Building materials Of lumberyard C Lumberyard 0 CHAPTER 13: PERFORMANCE STANDARDS 12-13-3: EXTERIOR STORAGE: A. Residential Districts: All materials and equipment not shall be stored within a building ef-must be fully screened (as outlined in Section 12-13-5) so as not to be visible from adjoining properties, except for the following: 1. Clotheslines and recreational equipment. 2. Construction equipment Buildinq materials currently being used on the premises of a property with an active building permit. 3. Agricultural equipment and materials if these are used or intended for use on the premises. 4. Off street parking of a combination of not more than t.....o (2) licensed and operable passenger vehicles or pickup trucks not parked entirely upon the required drive'Nay or in an enclosed garage or storage building, boats, and licensed, operable, and unoccupied trailers less than twenty feet (20') in length are permissible if stored in the rem yard more than ten feet (10') 0 from the property line. 1. Unless parked entirely upon the required driveway or in an enclosed qaraqe or storaqe buildinq, no more than a combination of two (2) of the followinq may be stored in the rear yard. and not closer than ten (10) feet from the property line (none of which shall exceed twenty (20) feet in lenqth): a. licensed and operable passenqer vehicles or pick-up trucks; b. licensed and operable boats; and c. licensed and operable trailers. motor homes or campers. B. All Districts except Residential Districts: The City Council may require a Conditional Use Permit for any exterior storage of the followinq: a. If it is demonstrated that such storage is a hazard to the public health, safety, qeneral welfare convenience, or morals, or has a depreciating effect upon nearby property values, or impairs scenic views, or constitutes a threat to living amenities. b. Any exterior storaqe that is not enumerated in Section 12-13-3 subpart 1-4. 12-13-5: SCREENING: A. Exterior Storage: Screening from residential properties and public streets 0 as visible from qround level shall be provided with an architecturally compatible opaque fence with a minimum height of six feet as measured from the surface of the exterior storage area. Plant material shall be provided on the outside of the fence for aesthetic appeal. Additional fence height and/or berming shall be required if a six foot fence would not block direct vision of the exterior storage. 0 Adopted by the City Council of the City of Andover on this _ day of , 2009. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor 0 0 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 and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Consider Resolution Opposing Anoka County HRA Levy DATE: April 21, 2009 INTRODUCTION The Anoka County HRA is considering implementing a County-wide HRA levy in 2010 (refer to attached newspaper articles). When the County created an HRA in 1994 the decision was made to only levy in those communities that did not have a City HRA. The County HRA currently levies in Bethel, Centerville, Columbia Heights, Columbus, East Bethel, Hilltop, Lexington, Linwood Township, Nowthen, Oak Grove, Ramsey, Spring Lake Park and St. Francis. 0 DISCUSSION The County has received a legal opinion (attached) stating that not only does the County have the authority to levy in all cities within the County without the consent of the cities, but also that they do not have the authority to "spread its levy across an area which is smaller than the area of its taxing district". If a County-wide HRA levy is adopted for 2010, all residents in Andover would have an additional tax to pay. At this time, the County HRA has yet to decide on a levy amount or on how any funds would be spent. Attached is a resolution that the Council is requested to consider that is similar to a resolution that the City of Anoka has recently adopted opposing this the Anoka County HRA levy. ACTION REQUESTED The City Council is requested to discuss and approve the attached Resolution Opposing the Authority of the Anoka County Housing and Redevelopment Authority to Levy Special Benefit Taxes in the City of Andover. - 0 Deciding stimulus spendingjn Anoka County Page 1 of2 : I 0- ,StarTrib'une1~,COm , Deciding stimulus spending in only communities that sought HRA assistance, Anoka County said Tim Yantos, Anoka County BRA executive director. But an outside law finn hired by the The county board chair wishes Anoka County attorney's office recently detennined that tbe county should be involved affordable-housing spending was with all ofitscities on HRA matters. done at a city, rather than county, "This opinion is troubling to us," Berg said of level: Faegre & Benson's decision. He said he has no By PAUL LEVY, Star Tribune problem with the county attomey's selection of Faegre & Benson. which handles county bonding Last update: March 25, 2009 - 11 :03 PM issues. ; When Anoka County targets $300,000 in stimulus "We're happy to work voluntarily with our cities, ! funds for housing redevelopment projects, the but my 0Wll opinion is that BRAs belong to the ! , county will partner with its cities to determine level closest to the people as possible," Berg how the money is spent :But some county officials continued. "But we're dealing with neighborhoods wish the cities would handle it themselves. that cities know better than the county. We never intended to take over. We don't want to be ''It was never our intent to force cities to choose overbearing. " whether they wanted to be part of our HRA," County Board Chairman Dennis Berg said More than a dozen years ago. when Anoka 0 Wednesday, referring to the county's Housing and County initiated its HRA --with a commitment to Redevelopment Authority that helps provide assisting low-income seniors. disabled people affordable housing. and others in need -- some of the large communities prefelTed handling things "We want all of ow' cities to benefit; but some of themselves. The county was glad to keep .out of those cities already have their own BRAs," Berg the way, Berg said. said. "By getting involved, I feel like. in some cases, we're violating a trust." But the $306,671 in stimulus money targeted for The last ofthe metro area counties to get involved HRA projects comes directly to the county, said Karen Skepper, the county community with the Metropolitan Council's HRA, Anoka development manager. Only Coon Rapids receives County decided at the outset that it would help its own applications for funds, and those Advertisement the nev\/s you vvant ,- delivered right to your inbox -+ ,", 'sU:iNUP NO'W AT startribune.com/ne\','sletters j 1 \r,; \. -.--. ....- ". .::::......-.-............::...:"..-'"<-......; ....:..::.::...::-..-....... Print Powered By , ", ': ;,1 DVn8rTIk~s" ...."::r:....;........,,..._...h"'-'_....... 0 http://www.startribune.comllocal/north/4187204 7 .htm1?e1r=KArks:DCiUMcyaL _ nDayc Ui... 4/2/2009 Deciding sti1nulus spending in Anoka COlmty Page 2 of2 0 StarTribu neftCOm applications Inust pass through the county. Skeppel' said. t1]fyou're going to levy and involve the BRA, you have to levy cOLlntywid~." Yantos said. "TIle .law says you have to levy equally. "Some cities used to say, 'We have our ow~ HRA and we want it that way,''' said Yantos. But Yantos says the county's involvement favors the c.ities_ "Times have changed and so have the cities," he sai d. "The foreclosure market tells us that." Berg agrees, saying that many cities that once thought they could handle BRA matters themselves are now seeking county help. , "We want those cities to have all the benefits they should, It said Berg. "I just don't want them to feel 0 like the county is pushing them. " j Paul Levy. 6]2-673-4419 I ! ; I ; Advertisement I the nev\/s you vvant J 1:' delivered -right to your inbox --+ '~ ' ";,. SIGN' UP NOW Ai startr'ibune.com/newsJetters Print Powered By "rJ 0 http://www.startribune.comllocaI/north/41872047.html?elr=KArks:DCiUMcyaL _ nDaycUi..'; 4/2/2009 AtlC Newspapers - HKA plans countywIde tax levy Page 1 of2 . lIRA plans countywide tax levy - o Wednesday, 01 April 2009 by Peter Bodley Managing editor The Anoka County Housing and Redevelopment Authority (HRA) is planning to levy countywide in 2010. When it was created in December 1994, the HRA decided to only levy an annual property tax in communities which did not have their own HRA and n'ot in communities that had a city HRA and levied an annual city tax, according to Tim Yantos, county HRA executive director. Currently, the HRA levies in Bethel, Centerville, Columbia Heights, Columbus, East Bethel, IIilltop, Lexington, Linwood Township, Nowthen, Oak Grove, Ramsey, Spring Lake Park and St. Francis. But the BRA now has an opinion from its bond counsel, Stefanie Galey of the law firm of Faegre & Benson Ltd., stating that the BRA can levy countywide without municipal consent. According to Galey's opinion, under 1978 state law; "the county has all the powers and duties of a municipality and the area of operation includes the area within the territorial boundaries of the county." And state law also gives the county HRA power to levy throughout the county, Galey wrote in her opinion. In addition, she wrote that the HRA does not have statutory authority to spread its levy across an area which is smaller than the area of its taxing district. While state law requires the approval of a city prior to a housing or redevelopment project being undertaken by the 0 county BRA within that city's boundaries, there is no similar requirement for city approval prior to levying the HRA tax, according to Galey's opinion. The work of the BRA now covers the entire county, Yantos said. For example, the county HRA has a housing rehabilitation program, which provides dollars for housing rehabilitation in communities that are not currently taxed by the county HRA, Yantos said. In addition, he said that the county has received two pots of federal money, totaling over $4 million, through the Neighborhood Stabilization Program (NSP) to acquire, demolish or rehabilitate abandoned or foreclosed properties in an effort to avoid abandonment and blight, as well as offer down payment and closing cost assistance to buyers or create a land bank to assemble land for future development. "This is a countywide program which we are taking very seriously," Yantos said. Circumstances have changed since the county HRA began, he said. Some cities with their own HRA have joined the county HRA and other cities that have established an HRA have dropped out of the county HRA, Yantos said. "We have also received an attorney's opinion that clarifies state law that allows us to levy countywide," he said. County Commissioner Rhonda Sivarajah, one of three Anoka County Board members who serve on the HRA, was neither happy with the plan to levy countywide, nor with the timing. 0 She wondered if it had any connection with East Bethel's attempt to leave the county HRA and establish its own body, Sivarajah said. That's not the case because the opinion from Galey came first, Yantos said. http://abcnewspapers.com/index2.php?option=com _ content&task=v~ew&id=668 O&pop=l &... 4/6/2009 . . lfowever, Sivarajah said she was confused as to why the county attorney's office did not render the opinion instead of _..;aleyand was told that on certain issues, the county attorney's office would seek an opinion from an attorney who 0 was a specialist in that area. "Why have we waited 13 ye~rs to do this, why all of a sudden?" Sivarajah asked. HRA Chairman Paul McCarron said he took full responsibility for the decision to move ahead with the countywide levy now rather than immediately following the attorney's opinion and for any mistakes that might have been made on the levy policy when the HRA was established in 1994. "I don't recall seeing an opinion in 1994," he said. "We did what we did and if any errors were made, I made them and we must now obey the law." Sivarajah wanted to know if a plan was in place to notify the communities not currently paying a levy to the county HRA of the change in policy. That issue will be discussed by the HRA Management Committee, McCarron said. "It is important that we communicate directly and maintain our partnership with these cities," Sivarajah said. According to HRA Trustee Don Findell, who represents Columbia Heights, Hilltop and Fridley, when he was first appointed to the county HRA he was concerned that it was a duplicate of city HRAs. But over his years on the HRA, he has found that cities do benefit from the work of the county HRA regardless of whether they pay the levy, Findell said. How a countywide HRAwill be budgeted has not yet been determined, Yantos said. 0 Right now, the levy is apportioned to the communities in which the HRA tax is levied, but it's possible that the countywide levy might go into one pot for HRA programs and activities, he said. The decision to levy the HRA tax countywide will not apply to the county Economic Development Authority which falls under the HRA umbrella. vVhen the EDA was created a few years ago through powers granted by the Minnesota Legislature, only those communities that decided to opt-in have a county EDA. That will continue to be the case, according to Yantos. Communities that opted in to the county EDA are Centerville, Columbia Heights, Columbus, Hilltop, Lexington, Linwood Township, Nowthen, Spring Lake Park and St. Francis. Peter Bodley is at peter.bodley@ecm-inc.com Close Window 0 I I http://abcnewspapers.com/index2.php?option=com _ content&task=view&id=6680 &pop= 1 &... 4/6/2009 .;- 'R E eEl V E 0 JAi~ 1 5 ZOOO il IFAEGRE I I ,BEN~ON i 0-, UNITED STATES I ENGLAND I GERMANY I Cl):INA STEl'ANIEN, GALEY i SGaJ oy@faogro,com i (612) 766-7661 I January 14,2008 I I Anoka County Housmg and Red,evelopment Authority 21'00 Third A venue i Anoka,~ 55303 '; Re: Authority to Levy. Ladies and Gentlemen:, i You have requested our opinion as to the power of the Anoka Count>r Housing and Redevelopment Authority (the "ACHRA") to levy its special. benefit tax~s ~rithin the i jurisdiction of a city in which ,there exists a municip~ housing-and redevelopment authority, i without first obtairiir:-g the consent of ~uch' city. ' 'It is our ,opinion that the ACBRA.is j I authorized to so levy ':Vithout such consent. i The ACHRA is created by. the provisions of MiImesota Statutes, Section 383E.17 0 (prior to codification, Laws of MiImesota 1978, Chapter 464), and has all of the. powers and I duties ofa housing and redevelopment 'authority under the provisions of th~. Municipal ! I Housing and Redevelopment Act, Minnesota Statutes, Sections 469.001 to '469.047. Eor I purposes of applying the provisions of the Municipal Housing and Redevelopment Act to, ! Anoka County (the "County"), the County has all of the powers and duties of a municipality, , ; and the area of operation includes the area within the territorial boundaries Of the County. i One of the powers of the generalla~, Minnesota Statutes, Section 469..033; Subd. 6, is the authority granted to a ,housing and redevelopment autbority' to levy a tax upon all ! taxable property within its taxing district. Pursuant to such subdivision 6,' .'AlI of the ! territory included within the area .of operation of any authority shall constitute a taxing ; ; district for the purpose of levying and collecting special benefit taxes as provided in this subdivision." Since Section 383E.l7, subdivision 1 provides that the area of operation of the i BRA includes the area within the territorial boundaries of the County, ,and Minnesota i Statutes, Section 469.033, Subd. 6, specifically states that all of the territory included within I i the area of operation ,constitutes the taxing district, the ACBRA ,is authorized to levy ! - throughout the County. It is further our opinion that the ACHRA does not have statutory authority to spread its levy across an area which is smaller than the area of its taxing district. Especially given the legislative declaration of Section 469.033, Subd. 6, that projects are i deemed t? benefit the entire area of operation, any such selective tax .may violate constitutional principles of tax uniformity. See, e.g., State ex. reI. City of New Prague v. 0 Scott County, 195 Minn. 1 11 , 261 N. W. 863 (1935). 2200 WELLS FARGO CENTER I 90 SOUTH SEVENTH STREET I MINNEAPOLIS MINNESOTA 55402-3901 TELEPHON.E 612-766-7000 I FACSIMILE 612-766-1600 I WWW.FAEGRE.COM , Page 2 ( . . . : '; - Minnesota Statutes, Section 383E.18 requires approval ora City prior to a housing dr D redevelopment project being Undertaken by the ACHRA within the territorial boundaries of \ ! ,such city, but there is no similar 'requirement for city, aI?P~oval prior to the levying of the ; , special benefits tax. .. ! W~ have considered th'e effect of-subdivision 2 of Section 3 83'E.17, which states 'The' ! county Isic] shall not exercise jurisdiction in any municipality where a municipal housing i I and redevelopment authority is established." We note that that subdivision also provides that. I I i "This section shall not limit or restrict ariy existing housing and redevelopment authority or . , I prevent a municipality from creating an authority." Taken together, we do not believe that ; ! i the 'legislature intended, to create asmall, constantly shifting taxing district which could be I, manipulated by the formation of new municipal HRAs wheth.er or not they conducted any aC,tivities and would subject the bulk of the potential taxing district to the vagari'es of local I consent., That would not be a, sensible structure or ,be consistent with the general law, ! particularly in light of the legislative declaration unde:r the Municipal Housing and i Redevelopment Act that the entire area of operation is deemed benefited by any project ! (Minnesota Statutes, Section 469.033, subd. 6).' Tax statutes are to be given a reasonable i construction which will further.the public purposes 'to be served., Governmental Research I I Bureau :v. Bore:en, 28 N.W.2d 760 (Minn. 1947).' ,This is' especially appropriate when , interpreting language dealing with govemtnental functions. Lenz v:Coon Creek V/atershed I 1 b District, 153 N.W. .2d 209 (Minn. .1967). Accordingly, we have substantial doubt that municipalities could successfully-deny'the!'>-C:HRA authority to levy a tax in their areas. We have also considered the effect of M:iruiesota Statutes, Secdon 469.008 which 'provides, in pertinent part: "... nor shall the 'area of operation of such city authority [created ! ' prior to June 8, 1971] be inc1udedwithiD. the area of op~ration of a"countv or multicounty I authority created pursuant to sections 469.004 to 469.008." [emphasis added]. Since the l ACHRA is not created p,ursuant to the referenced sections" this limitation, by its express temis, is not applicable. I, In conclusion then, it is our ~opinioi1 that the HRA.'is 'authorized to levy its special : benefits,tax, in the manner provided in: Minnesota 'Statutes,' Section 469.033, Subd. 6) 'I 'j witbout the necessity to obtain the approval 'of any local jurisdiction within the Courity. I Siwerely,~' a'.. i I d~~ I j, I I I '/. ,j- , 0 I ' Stefanie N. Galey I GALSN:melbj - J i (b,us.2512540,Ol " I ! Q , I, ! , 1- : ' . ' , '.' .. : \ : , , ' . .. ' , " . . . ." , . ' . ", 0 CITY OF ANDOVER, MINNESOTA RESOLUTION RES A RESOLUTION OPPOSING THE AUTHORITY OF THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY TO LEVY SPECIAL BENEFIT TAXES IN THE CITY OF ANDOVER WHEREAS, the City of Andover has a Housing and Redevelopment Authority, created pursuant to State Statute; and WHEREAS, the City of Andover has received information that the Anoka County Housing and Redevelopment Authority has received a legal opinion suggesting that it has the authority to levy special benefit taxes within the jurisdiction of a city in which there already exists a municipal housing and redevelopment authority without first obtaining the consent of such city; and WHEREAS, upon review of the legal opinion rendered to the Anoka County Housing and Redevelopment Authority, the City of Andover finds that the opinion fails to set forth conclusive, legal authority authorizing the Anoka County Housing and Redevelopment 0 Authority to levy said special benefit taxes as alleged; and WHEREAS, review of Minnesota State Statutes relevant to this subject matter further brings into question the authority of the Anoka County Housing and Redevelopment Authority to levy special benefit taxes in those municipalities which currently have established housing and redevelopment authorities without the consent of the municipality; and WHEREAS, in order to preserve its rights and protect the welfare of its citizens, the City of Andover deems it necessary to make known its opposition to the Anoka County Housing and Redevelopment Authority's levying of special benefit taxes in the City of Andover absent conclusive, legal authority to do so. NOW, THEREFORE, BE IT RESOLVED, that the Andover City Council hereby opposes the alleged authority of the Anoka County Housing and Redevelopment Authority to levy special benefit taxes in the City of Andover. Adopted by the Andover City Council this the 21st day of April 2009. ATTEST: 0 Michelle Hartner, Deputy City Clerk Mike Gamache, Mayor C I T Y 0 F 0 NDOVE 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Consider Appointing City of Andover Board of Review Alternates DATE: April 21, 2009 DISCUSSION In the unlikely event there may be difficulty in achieving a quorum for the City of Andover Board of Review on April 23rd, the City Administrator is requesting the City Council consider appointing the following Planning and Zoning Commission Commissioners as alternates to the City of Andover Board of Review: 0 Mike Casey Valerie Holthus Dena Danninger ACTION REQUESTED The City Council is requested to appoint the aforementioned individuals as alternates to the City of Andover Board of Review for the April 23, 2009 meeting. ---- 0 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 Item for April 28, 2009 City Council Meeting DATE: April 28, 2009 The City Council is requested to receive the following supplemental information. Item #5. Continued Discussion Single Family Residential Market Value Preservation @ Will Neumeister From: Don Peterson [dp55304@metroprovider.com] Sent: Sunday, April 19, 2009 5:03 PM To: Will Neumeister Subject: Residential Market Value Preservation, in case you couldn't open the last one, 041709 To: Will Nuemeister From: Don Peterson RE: Residential Market Value Preservation Will, I talked to you a bit earlier about the Residential Market Value Preservation proposal, and wanted to get my thoughts to you in writi ng. To analogize it. It reminds me of having a bad day at work, and going home and kicking the dog. We have had a collapse of the housing market, and people's property values have dropped, and now we have people on the city counsel that want to blame landlords, and think that by licensing them, they will fix the problem. There are more single families being rented out at this time, but it is most likely a temporary situation for most of them. When the market bottoms out, and houses start to sell again, these houses will be sold. What the city is proposing will only add to the difficulty people are presently having dealing with the vacant home issues. You need only to look at Minneapolis, and see what is happening there. The houses are sitting empty, while the copper plumbing, wiring and aluminum windows are being striped away, and making more rules for rentals will only encourage more vacant houses. Landlords in most cases are already losing money on these 1 houses. The rents are not covering the mortgages in most cases, and meanwhile the property value is dropping. Your $50 a year license will soon be up to a couple of hundred a year, and put more strain on people who are already struggling. It is likely that people will continue to lose jobs, and houses will continue to be either abandoned, or temporally rented out. If the licensing program continues, it will likely get more and more involved, and more expensive (government has a tendency to do this), as it fails to achieve any difference. Most landlords who rent properties for a living already know how to screen tenants, they also know enough to keep up their properties, so they are more rentable. Most professional landlords try to stay on good terms with the neighbors around their rental properties, and most landlords are having a difficult time making it in today's economy. If the city really wants to do something to help, they could offer professional managing services to vacant properties being rented out temporally. The managing services charge a slight percent for managing the properties, and are often times worth the cost to an inexperienced homeowner with a vacant property. I agree, I am amazed how little the average person knows about renting out property when they are suddenly confronted with having to do it, and it would be good if they knew about management options before they got into trouble. It takes a few years for a person to become competent at managing property, and even professionals get fooled from time to time. Your licensing program will do little to give the average person the experience needed to successfully manage property. It is a job that requires experience, and the right temperament. 2 The present proposal discriminates against people who for whatever reason are renting a home. If there is a problem with the appearance of the home the neighbors have a right to complain, and the city can enforce whatever rules are being broken. Why should a renters be treated differently? I have interviewed many people looking fora rental, and most of them are people who for no fault of their own are needing housing. These people are often time stigmatized by society, and the proposal is taking one step further, and making the stigmatization formal. If someone parks on the grass, or has a load party, what is the difference if they are renting or own the home, there are rules, and ways of enforcing them either way. This proposal, to me, makes no sense, and whoever made it appears to be one of those who likes to look down at, and stigmatize people who rent. Will, let me know what time the meeting is at on Tuesday night. I have to work that day, but I may be able to make it to the meeting. Don. Peterson 763-434-9431 3