HomeMy WebLinkAboutCC May 19, 2009 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
Regular City Council Meeting - Tuesday, May 19,2009
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (4/28/09 Workshop; 5/5/09 Regular; 4/23/09 & 5/5/09 Board of Review)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Refuse/Recyc1er Hauler Licenses - Administration
4. Approve Temporary 3.2% Malt Liquor License/Andover Lions/Fun Fest -Administration
5. Approve Application for Exempt Permit/Andover Lions Club - Administration
6. Accept Feasibility Report/Waive Public Hearing/Order Plans & Specs/09-22/Bunker Lake Blvd. NW
Frontage Road/Jay Street Realignment - Engineering
7. Approve Final Plat/Woodland Crossings 2nd Addition - Planning
Discussion Items
8. Anoka County Sheriffs Department Monthly Report - Sheriff
9. Consider Conditional Use PermitlUsed Vehicle Sale/3149 162nd Lane NW - Planning
10. Consider Business License/Used Vehicle Sales/ 3149 162nd Lane NW - Planning
11. Consider Variance/Minimum Lot Width Requirements/17285 Round Lake Blvd. NW. - Planning
12. Consider Revised Planned Unit Development/ Andover Clocktower Commons/NE Corner of Hanson and
Crosstown Blvds . NW - Planning
13. Consider City Code Amendment/Changes to City Code Title 4/Abatement Process - Planning
14. Consider City Code Amendment/Changes to City Code Title 9/Regulations for Rental of Single Family
Units - Planning
15. Discuss Wetland Buffers/LRRWMO - Engineering
16. Consider Approval/Extension of Liquor License/BeefO'Brady's-Administration
Staff Items
17. Schedule EDA Meeting - Administration
18. Schedule June Workshop - Administration
19. Administrator's Report - Administration
Mayor/Council Input
Adjournment
C I T Y o F CD
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: Approval of Minutes
DATE: May 19,2009
INTRODUCTION
The following minutes were provided by TimeSaver for City Council approval:
April 28, 2009 City Council Workshop
May 5, 2009 Regular Meeting
April 23, & May 5, 2009 Board of Review
DISCUSSION
The minutes are attached foryour review.
ACTION REQUIRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
~~ltr~
Michelle Hartner
Deputy City Clerk
Attach: Minutes
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6 ANDOVER CITY COUNCIL WORKSHOP - APRIL 28,2009
7 MINUTES
8
9
10 The Andover City Council Workshop was called to order by Mayor Mike Gamache, April 28, 2009,
11 6:00 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 Community Development Director/Will Neumeister
18 Others
19
20
21 DISCUSS OPEN SPACE LAND PURCHASE
22
23 Mr. Dickinson explained an appraisal ofthe Luedtke property was completed and grant applications
24 have been submitted. The DNR appears interested in the site as they have scheduled a site visit for
25 May 5th. As it stands, the appraised value of the property is $836,000. The Luedtke Family is
26 requesting $1.1 million. Staff is hopeful that half of the appraised value can be funded by grants.
27 However, the DNR reports that a decision will not be made until the end of summer.
28
29 Councilmember Jacobson asked ifthe family had an appraisal done. Mr. Dickinson stated they did
30 not, the City hired an independent appraiser. The family is still looking for $1.1 million dollars.
31
32 Mr. Dickinson stated the grant would be around $420,000.
33
34 Councilmember Jacobson asked what the County has assessed the property at. Mr. Dickinson did
35 not recall the county assessed value.
36
37 In regard to the Russell property, staff prepared an offer for the seven acre concept proposed by the
38 property owner. Staff is waiting to hear back from them so that the numbers can be discussed. The
39 offer is based on the estimated market value of the property and recent city and Anoka County Parks
40 Department appraisal information. This information produced a range from $9,410-$14,911 per
41 acre. The high end of the range is based on the recent appraisals which included both developable
42 and floodplain property. As the seven acre area is entirely within the floodplain, the land cannot be
43 valued at the high end of the range.
44
45 The property is considered to be more valuable than the $10,000 per acre base used by Anoka
46 County to value tillable floodplain acreage because of its location along the river. The offer is
47 $12,161 per acre or the midpoint between the estimated market value ($9,410) and somewhat
48 comparable land sales ($14,911). This totals $85,127 for seven acres.
Andover City Council Workshop
Minutes - April 28, 2009
Page 2
1
2 Councilmember Knight asked ifthere is buildable land on the property. Mr. Dickinson stated there
3 is some but the prime land they are looking at is not necessarily developable land.
4
5 Councilmember Jacobson asked when the grants are normally approved. Mr. Dickinson thought it
6 was usually in August. Councilmember Knight asked what would be the money situation, what
7 would they spend, assuming both properties went ahead with the sale. Mr. Dickinson stated they
8 have the authorization to bond $2 million and it all depends, it there are two parcels on the line he
9 would recommend issuing the entire $2 million to save on fees.
10
11 Councilmember Jacobson asked if the City could go ahead and use their own funds and then
12 reimburse themselves with the bonds. Mr. Dickinson stated that would not be a problem, the only
13 thing they are cash flowing now is the appraisal which was about $2,000.
14
15 Councilmember Knight asked what they would do with the money that is left over. Mr. Dickinson
16 explained the process they would need to go through with excess money.
17
18
19 2010-2014 CAPITAL IMPROVEMENT PLAN DISCUSSION
20
21 Mr. Dickinson reviewed with the Council the preliminary projections of available fund balances.
22
23 Councilmember Trude asked what is going on with the Park Budget since it looks like they are
24 obligated for six more years for Andover Station North. Mr. Dickinson stated they are looking at
25 2015 for final payoff but if they were to get additional commercial park dedication fees they will pay
26 it off as early as possible.
27
28 Councilmember Trude wondered why this is taking so long, is it because of Bruggeman. Mr.
29 Dickinson stated it is land sales in general. There have not been any recent park dedication funds
30 that have come in and if the funds are not there from park dedication or the payment exceeds the
31 $50,000 annual levy they will have to supplement with additional tax levy. He stated it is not
32 eligible for TIF funding.
33
34 Staff and the Council reviewed Park Dedication Funding and how the City has been helping to
35 supplement the park system.
36
37 Councilmember Trude stated the public is hearing that the City is not spending anything on parks
38 since it is not in the park budget but the maintenance is coming from the general fund and should
39 be made more public.
40
41 Park Chairman Butler thought one of the things he has been inquiring about is with the Andover
42 Station North cell phone tower that part of the funds would be available for Andover Station
43 North debt reduction. Mr. Dickinson stated the funds are being used at Andover Station North
44 for operations of that facility. Even with concessions it will not cover the costs to operate the
Andover City Council Workshop
Minutes - April 28, 2009
Page 3
1 Andover Station North facility.
2
3 Councilmember Trude stated even if they do not cover the $130,000 they would be using the
4 general funds to cover that. Mr. Dickinson stated they could increase the annual levy for that but
5 starting out it was to be done by park dedication funds and that would need to be changed by the
6 Council.
7
8 Mr. Dickinson stated if they add Hawkridge back into the maintenance and reconstruction
9 program and they do not see contributions by the different associations and volunteerism this will
10 impact the operational budget. If a well is added to irrigate the park, the City will experience an
11 additional mowing expense.
12
13 Councilmember Knight asked if the soccer association has committed yet. Mr. Dickinson stated
14 they have not made any commitments yet.
15
16 Mr. Dickinson indicated that according to the most recent parks study the City is ahead ofthe
17 current build out of parks versus city growth build out.
18
19 Park Chairman Butler agreed with the idea of them being on track but he thought they all have to
20 recognize that once the City is all built up they will still have to do park maintenance over the
21 longer term and what the City is putting into the park system is not going to be efficient in the
22 long run.
23
24 Councilmember Knight stated they have a twenty year cycle on the parks as far as age. Park
25 Chairman Butler stated schools and parks are the reason why people move to cities so they need
26 to maintain them.
27
28 Mayor Gamache stated on the $770,000 for the ballfields how much was for the building and
29 lights. Mr. Dickinson stated none of this was for the building.
30
31 Park Chairman Butler stated his concern is that they are using funds from one area of the City to
32 fund other parts of the City and some of the parks are not getting improved. Mr. Dickinson
33 indicated that the City has been focusing on regional parks.
34
35
36 DISCUSS 2009 TRANSIT SURVEY
37
38 Mr. Neumeister stated this item is intended to summarize resident response to the transit survey
39 that was advertised in the previous newsletter and offered on the City web site over the last two
40 months.
41
42 Councilmember Jacobson stated he did not see the volume that would handle transit in Andover.
43 Mr. Neumeister stated there is not enough response to build a transit hub or bring a bus into the
44 City.
Andover City Council Workshop
Minutes - April 28, 2009
Page 4
1
2 Mayor Gamache wondered if they should push this out to the Funfest event to get more
3 advertisement out there for the survey.
4
5 Councilmember Jacobson thought they should wait and see the response when the NorthStar
6 service starts and then see what people want.
7
8
9 DISCUSS PROPOSED LEGISLATION FOR PARKS FUNDING/CITY OF HAM LAKE
10 INITIATIVE
11
12 Mr. Mel Aanerud and Park Chairman Ted Butler explained the proposed legislation for parks
13 funding.
14
15 Councilmember Jacobson stated instead of going through all this they have the ability to levy for it
16 every year. Mr. Aanerud stated they could do this but what this does is it gives the public the
17 opportunity to look at what they are planning on doing. Mr. Dickinson stated it puts it outside of the
18 levy limits.
19
20 Park Chairman Butler stated the Park Commission decided to pass this onto Council without a
21 recommendation since there was a split decision. He stated they did have some concerns regarding
22 the County being able to levy the cities for their projects even if the project was not done in Andover.
23 He stated some people like to go to referendum instead of levy. He indicated he personally liked
24 that it allows them to pay for significant projects without paying interest, it is transparent to
25 taxpayers and at a time where cities are losing funding the State ought to be providing more
26 flexibility to the cities and this would allow the city to do funding.
27
28 Park Chairman Butler stated one way to look at this is to look at the five year capital improvement
29 plan for the City and propose the amount to the residents for assessment over five years to be built in
30 five years.
31
32 Councilmember Knight stated he would be surprised if this would pass by vote and there was
33 eminent domain in the proposed bill. Councilmember Jacobson stated he is concerned about
34 "government entity" because a sports facility could be constructed inside or outside of Anoka County
35 and the residents would have to pay for it.
36
37 Councilmember Bukkila stated she would not want this proposed legislation to provide for parks
38 over police and fire because they currently cannot go outside of the levy limits to help pay for police
39 and fire. They are here to save and protect lives. Councilmember Trude stated this could take
40 pressure off the levy to provide for other things.
41
42 Councilmember J aco bson thought this was written too broad and if narrowed down he would feel
43 better about it.
44
Andover City Council Workshop
Minutes - April 28, 2009
Page 5
1 Councilmember Jacobson stated in subdivision five there is a flaw because of the way it is written
2 and he would want it corrected before he agreed to support this.
3
4 Councilmember Trude stated she liked this because it gives them the option to plan for park
5 improvements but she is concerned about the wording regarding the County and thought there should
6 be ajoint powers agreement. Mayor Gamache thought this could be useful for funding of trails in
7 the City.
8
9 Mr. Aanerud indicated he would make note of the comments and see about rewording some of the
10 items the Council discussed.
11
12
13 CONTINUED DISCUSSION SINGLE FAMILY RESIDENTIAL MARKET VALUE
14 PRESERVATION
15
16 Mr. Neumeister stated this was last discussed by the Council on March 24,2009. Since that meeting,
17 staff has drafted an ordinance amendment to Title 9, Chapter 8, Rental Housing Dwellings to
18 incorporate single family rental licenses into the ordinance. Staffhas also included definitions to
19 explain the differences between the licenses; provisional, regular, and single family rental licenses.
20
21 Staff has also revised drafts for the following attachments: Single family rental dwelling license
22 application, frequently asked questions pertaining to the single family rental housing program, and a
23 home and yard checklist. These materials would be dispersed upon request of an application and
24 made available at city hall and on the website.
25
26 Mr. Neumeister reviewed with the Council the City Attorney's comments regarding this matter.
27
28 Councilmember Jacobson thought this was overly complex. Mr. Neumeister stated they tried to keep
29 the rental ordinance and blend in the single family rentals so they would not need to make up a whole
30 new ordinance.
31
32 Councilmember Trude stated they are taking the rental ordinance and adding a few paragraphs. She
33 is concerned about the provisional rental license and thought they should just do some references
34 back.
35
36 Councilmember Bukkila stated on page 8, letter D, notice of violation, the first offense, said "The
37 City shall give notice to licensee of the violation and direct the licensee to take steps to prevent
38 further violation". She wondered if that is really doable. Mr. Neumeister stated in the multi-family
39 units it has helped to notify the owner because otherwise they would not know they had a violation at
40 all.
41
42 Mr. Dickinson stated the owner likes the City notifying them because then they can blame the City
43 for telling the renter to stop what they were doing.
44
Andover City Council Workshop
Minutes - April 28, 2009
Page 6
1 Councilmember Bukkila stated on page 10, section C, juvenile status crimes, she did not think this
2 should be included because it is one step too far into the household. She thought this should be
3 handled in families and not City wide. She did not want public hearings for code violations of
4 juveniles.
5
6 Mayor Gamache asked if they took this out what would they lose. Councilmember Bukkila stated
7 they would lose the ability to abate a property based on juvenile issues and would include underage
8 drinking which would be a truancy offense.
9
10 Councilmember Knight stated it gives the parent a lever to make the juvenile behave.
11 Councilmember Bukkila stated ajuvenile is protected in the court but would not be at the City level.
12
13 Mr. Dickinson stated rarely do they get to the provisional level because at that point the landlord is
14 telling the renter they need to find a new place to rent.
15
16 Mayor Gamache stated his issue is tying the new piece into the old piece and trying to make it work.
17
18 The Council discussed some changes they would like to change in the ordinance.
19
20 Councilmember Bukkila liked the idea that the City is not forced into going down only one road and
21 the Council can decide what to pursue. This will give the landlord notification so they can decide
22 what they want to do.
23
24 Councilmember Knight asked if they would have liability if they do not check the interior of the
25 home for safety items. Mr. Dickinson stated they did not have any liability, based on how the
26 application is presented.
27
28 Councilmember Jacobson stated on page 6, under License Terms and Renewals, Section A should
29 have a line indicating that the license starts on the application date. Mr. Dickinson stated they will
30 prorate this. Councilmember Jacobson stated it should read".. .or on the commencement date."
31
32 Councilmember Jacobson stated on page 7, item D it should indicate "10 business days".
33
34 Councilmember Jacobson stated on page 12, ".. . conducted.", delete the rest ofthe sentence. Under
35 Section A "inspections may be conducted on the property which could include and exterior." Under
36 Section B, he would scratch the entire thing. Mr. Neumeister stated he would not want to get rid of
37 the entire item B because it will give them the ability for abatement.
38
39 The Council discussed with staff rental house inspections and what it meant in the ordinance.
40
41 Mayor Gamache stated the City is trying to keep the cost oflicensing low and if the inspection of the
42 property gets to be extensive the fee will need to go up in order to pay for the extra inspection
43 services. Mr. Neumeister noted this is also not meant to be intrusive on the property owners and are
44 trying to make this easy to enforce and keep in compliance.
Andover City Council Workshop
Minutes - April 28, 2009
Page 7
1
2 Mr. Dickinson stated part of the inspection will be to drive up, use a checklist and take photos if
3 necessary. If the Council is looking for something substantially more they will need to get someone
4 with more knowledge to do the inspection.
5 The Council continued to discuss with staff the inspection process and what they should charge for a
6 fee.
7
8 Mr. Peterson thought this was just a bunch of bureaucracy. He thought the City should inspect
9 everyone's homes and not just rentals. Mayor Gamache stated when they first started to talk about
10 this it was not about in-depth inspections; it was to notify the owner of problems.
11
12 Councilmember Trude stated she is ok with the way the words are written, it is the way staff is
13 interpreting them. Councilmember Jacobson thought they should bring this forward to the Planning
14 and Zoning Commission for their input.
15
16 Mr. Peterson stated he rents places and the neighbors are the ones that look after his homes and alert
17 him to any problems. Mayor Gamache stated their goal is to find a way to do this for a cheap way
18 and give the landlord information regarding their home.
19
20 The Council discussed the reason why they are looking at this added ordinance for single family
21 rental homes.
22
23 Councilmember Jacobson stated on page 17, frequently asked questions, section 9 regarding making
24 sure the real estate taxes are paid, he could understand if the city sewer and water is up to date but
25 why would they care if the property tax is paid. Mr. Dickinson thought that could be deleted since it
26 will still go to the owner of the property.
27
28 Councilmember Jacobson stated on page 18 under item 13, the first dot says "inspections may be
29 conducted on the property, including interior." He thought that should be removed and then under
30 violations this is what they have been talking about. Councilmember Trude thought there was too
31 much information and should be condensed. Mr. Dickinson stated this is meant to be an
32 informational document for the owner of the rental property.
33
34 Councilmember Bukkila thought normally when they are doing a code ordinance and are looking at
35 it from an enforcement aspect to enter on a property would be a risky situation, when you are
36 providing a service for a fee it is more of a customer basis and not adversarial basis. She thought the
37 risk is minimal in comparison.
38
39 Mr. Dickinson stated they will find a way to provide a more comprehensive inspection of the
40 property .
41
42 The Council recessed at 8:25 p.m.
43
44 The Council reconvened at 8:30 p.m.
Andover City Council Workshop
Minutes - April 28, 2009
Page 8
1
2
3 PROGRESS REPORT - HANSON BOULEVARD SUSTAINABLE LANDSCAPE PILOT
4 PROJECT
5
6 Mr. Neumeister reviewed the landscape pilot project with the Council.
7
8 The Council felt the project area looked really nice. Councilmember Knight thought they should
9 write a letter to the school thanking them for all the kids helping out.
10
11
12 2010 BUDGET DEVELOPMENT DISCUSSION
13
14 Mr. Dickinson stated City Departments will soon be starting the 2010 Annual Operating Budget
15 Development process and is looking to the City Council to establish the Council's guidelines for the
16 preparation of the 2010 Annual Operating Budget.
17
18 Mr. Dickinson stated he needed to know ifthe Council wanted to use the City Tax Capacity Rate to
19 meet the needs ofthe organization and position the City for long-term competitiveness through the
20 use of sustainable revenue sources and operational efficiencies because he felt the rate will be going
21 up significantly or they could use just tax levy instead.
22
23 The Council consensus was to use tax levy instead of tax rate.
24
25 Councilmember Jacobson asked if the School District is going to do anything. Councilmember
26 Trude stated they are going to have' on the school ballot to renew an operating levy. She did not
27 know at this point if they will increase it or not.
28
29 Mr. Dickinson stated on Item 3 regarding a fiscal goal is reasonable and not less than thirty-five
30 percent, they would prefer to stay at thirty-seven and get it through 2010 if they do not need to use it
31 because they will likely need it for 2011.
32
33 Mr. Dickinson stated they will maintain their emergency fund balances and would also be formally
34 adopting their ninety-five percent limitation of the 2009 general fund expenditures.
35
36 Mr. Dickinson reviewed the general fund operational costs and investment securities with the
37 Council.
38
39 Mr. Dickinson stated City Staffwill only be purchasing equipment that is needed or worn out.
40
41 The Council discussed the merits of employee salary step increases and cost-of-living increases for
42 the 2010 budget.
43
44 Councilmember J aco bson asked if they were getting their monies worth for the community education
Andover City Council Workshop
Minutes - April 28, 2009
Page 9
1 contributor. Councilmember Trude explained what the City was receiving for the money.
2
3
4 OTHER BUSINESS
5
6 Mr. Dickinson reviewed the Road and Bridge Levy with the Council.
7
8 Mr. Dickinson stated at the next Council meeting the Council will hold an Andover HRA meeting in
9 order to approve minutes from 2003, swear in Councilmember Bukkila, appoint officers and to show
10 activity from the HRA for the current year to indicate to the County that they have an HRA and
11 intend to utilize it.
12
13 Councilmember Jacobson wondered if they are going to fix the sign in front of City Hall. Mr.
14 Dickinson stated it would cost around $25,000 to fix.
15
16
17 Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting
18 adjourned at 9:28 p.m.
19
20 Respectfully submitted,
21
22 Susan Osbeck, Recording Secretary
1
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3
4
5 REGULAR ANDOVER CITY COUNCIL MEETING -.MAY 5, 2009
6 MINUTES
7
8
9 The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
10 Gamache, May 5, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
11 Andover, Minnesota.
12
13 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude
14 Councilmember absent: None
15 Also present: City Attorney, Scott Baumgartner
16 City Administrator, Jim Dickinson
17 Others
18
19
20 PLEDGE OF ALLEGIANCE
21
22 Motion by Jacobson, Seconded by Trude, to recess to the 2009 Local Board of Appeal &
23 Equalization meeting at 7:00 p.m. Motion carried unanimously.
24
25
26 Motion by Jacobson, Seconded by Knight, to reconvene to the City Council meeting at 7:35 p.m.
27 Motion carried unanimously.
28
29
30 RESIDENT FORUM
31
32 Mr. Mark Hedin. White Rabbit Winery & Vineyards, 3482 165th Lane NW, Andover, stated he is
33 at the meeting to request the Council remove the restriction of volume limitation on his
34 Conditional Use Permit, it is unnecessary since the State of Minnesota monitors the industry in
35 order to issue licenses. He stated he has not had any complaints from neighbors and did not
36 know any other business that is monitored like his.
37
38 Mayor Gamache stated he originally approved this and agreed this volume limitation was not
39 necessary because the State does monitor this.
40
41 Councilmember Trude stated the concern was Mr. Hedin was running a business on a 2.5 acre lot
42 in a family neighborhood and they do not typically have businesses in neighborhoods without the
43 large production space typical farms had so she would be reluctant to make any changes.
44
45 Mr. Hedin explained how his business set up and explained there have not been any problems
46 with it in the neighborhood.
47
48 Councilmember Jacobson stated if Mr. Hedin did want a change to his CUP he would need to go
Regular Andover City Council Meeting
Minutes - May 5, 2009
Page 2
1 through the process and pay the fee. Mr. Hedin believed there were situations in the past that a
2 restriction was placed on a CUP and the Council had the right to remove it.
3
4 Councilmember Trude indicated Mr. Hedin runs two businesses on his property and thought it
5 was the Council's prerogative to put some parameters on it.
6
7 Mayor Gamache stated he supported whatever the State has set for limits and the State limit is
8 50,000 gallons. Mr. Hedin stated he would never reach that capacity.
9
10 Councilmember Knight stated he would consider looking at this through a CUP process.
11 Councilmember Bukkila stated she would be willing to look at it. Councilmember Jacobson stated
12 Mr. Hedin would need to go through the process to see if the Council would want to remove the
13 restrictions.
14
15
16 AGENDA APPROVAL
17
18 There were no changes.
19
20 Motion by Jacobson, Seconded by Knight, to approve the Agenda as presented. Motion carried
21 unanimously.
22
23
24 APPROVAL OF MINUTES
25
26 April 21, 2009, Regular Meeting: Correct as written.
27
28 Councilmember J aco bson stated on page 3, line 11, at the end of the line the word quite was spelled
29 quit and should be changed.
30
31 Councilmember Trude stated on page 2, last line should read".. .Mr. Lipski wondered ffily why..."
32
33 Motion by Knight, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried
34 4 ayes, 1 present (Trude).
35
36
37 CONSENT ITEMS
38
39 Item 2 Approval of Claims
40 Item 3 Award Quote/09-3/2009 Crack Sealing (See Resolution R041-09)
41 Item 4 Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/05-
42 43/Hanson Boulevard NW Frontage Road (See Resolution R042-09)
43
44 Motion by Jacobson, Seconded by Trude, approval ofthe Consent Agenda as read. Motion carried
Regular Andover City Council Meeting
Minutes - May 5, 2009
Page 3
1 unanimously.
2
3
4 DISCUSS/APPROVE 2010 BUDGET DEVELOPMENT GUIDELINES
5
6 Mr. Dickinson stated city departments will soon be starting the 2010 Annual Operating Budget
7 Development Process and is looking to the City Council to establish the Council's guidelines for the
8 preparation of the 2010 Annual Operating Budget.
9
10 Mr. Dickinson reviewed the guidelines from the staff report with the Council.
11
12 Motion by Knight, Seconded by Bukkila, to approve the 2010 Budget Development Guidelines as
13 presented. Motion carried unanimously.
14
15
16 FOLLOW UP TO NUISANCE DISCUSSION
17
18 Mr. Dickinson stated the Council had discussed code enforcement regulations at the last Council
19 meeting and the City Attorney indicated he would follow up on a statute that he thought would come
20 into play.
21
22 Councilmember Trude stated she saw the email and photos from a neighbor and discussion they
23 previously had and the concern she had was that sometimes people can take the six foot fence and
24 hide things that are more of a health and welfare issue and not just an unattractive, eyesore issue. In
25 those type of situations she thought it would be appropriate for action to be taken.
26
27 City Attorney Baumgartner reviewed the Statute with the Council and how it could affect them. He
28 stated the problem is where the City would draw the line and at what vantage point would the City
29 use for criteria, a second story window or a six-foot fence, which he thought was the correct criteria.
30 If it does affect the health, safety or welfare they would have the right to go in there. An odor that
31 may be unpleasant to the neighbor would probably not be enough to go in and do something about.
32 He thought they needed to be cognoscente of the fact that they have an obligation to all of the
33 citizens and if this is a situation where it is a property or neighbor dispute they do not like to
34 overlook something in the back yard. If it is screened and meets the criteria of the City Code then he
35 did not think it should be dealt with by the City. He stated there has to be some line that the City
36 draws.
37
38 Councilmember Jacobson asked at what point the City indicates nothing can be done. City Attorney
39 Baumgartner stated there has to be somewhat of a balance. He thought if they are going to go
40 through a closed gate or fence to view something that is not otherwise viewable, they are intruding
41 upon private property rights. He thought there had to be some sort of a balance analysis of what the
42 significance is of the alleged violation versus the private property interest. Mr. Dickinson agreed and
43 indicated they tried to have the balance of private property rights versus addressing complaints.
44 Most complaints are visible from the road and they can address them by seeing the violation from the
Regular Andover City Council Meeting
Minutes - May 5, 2009
Page 4
1 road. He stated they will be able to take care of a majority of the violations but not all of them.
2
3 Councilmember Knight felt the key word was <<welfare". City Attorney Baumgartner stated the City
4 still has within their power to obtain an administrative search warrant if the need arises but in order
5 to get that they need to have some compelling facts in order for the warrant to be issued.
6
7 Mayor Gamache thought this was a balancing act and neighbors should take care oftheir own issues
8 between themselves but if there is a violation it should be reported. They do not want to get to the
9 point of policing everyone.
10
11
12 DISCUSS/APPROVE JUSTICE ASSISTANCE GRANT (JAG) MEMORANDUM OF
13 UNDERSTANDING
14
15 Mr. Dickinson stated the City of Andover is eligible for funding under the Edward Byrne Memorial
16 Justice Assistance Grant (JAG) Formula Program. It is the City of Andover's understanding the
17 primary intent of this grant program is to help law enforcement in their efforts to prevent and reduce
18 crime and violence.
19
20 Mr. Dickinson stated to participate in the program the City needs to participate in ajoint application
21 with all the other eligible cities in Anoka County. They have the process where Anoka County will
22 function as the fiscal agent and eligible for a ten percent administrative fee so their allocation is
23 reduced by ten percent.
24
25 Mr. Dickinson reviewed with the Council some of the projects and items they could apply for with
26 this grant.
27
28 Motion by Jacobson, Seconded by Knight, to authorize the Mayor and the City Administrator to sign
29 a memorandum of understanding with Anoka County for Recovery Act Justice Assistance Grant
30 Program A ward as presented. Motion carried unanimously.
31
32
33 SCHEDULE MAY EDA MEETING
34
35 The Council is requested to schedule an EDA meeting for the month of May.
36
37 Motion by Trude, Seconded by Knight, to schedule a May EDA Meeting for Tuesday, May 19,
38 2009 at 6:00 p.m. Motion carried unanimously.
39
Regular Andover City Council Meeting
Minutes - May 5, 2009
Page 5
1
2 CANCEL MAY 14,2009 COUNCIL WORKSHOP
3
4 The Council is requested to cancel the previously scheduled Council Workshop for the month of
5 May for a number of miscellaneous business items.
6
7 Motion by Jacobson, Seconded by Knight, to cancel the May 14,2009 City Council Workshop.
8 Motion carried unanimously.
9
10
11 ADMINISTRATOR REPORT
12
13 City Administrator Dickinson updated the Council on the administration and city department
14 activities, meeting reminders, and Legislative update.
15
16
17 MAYOR/COUNCIL INPUT
18
19 (Fun Fest Questions) - Councilmember Jacobson stated he received a phone call from a constituent
20 wondering why there is not a carnival at the Fun Fest this year. Mayor Gamache thought it may have
21 been a scheduling problem but also the air filled bouncers were more popular and not as expensive.
22 Mr. Dickinson stated last year they could not get the carnival and rented the bouncers and found
23 them to be very popular so they decided to continue with using the bouncers.
24
25 (I'raffic Signal Issue) - Councilmember Jacobson stated he received an email today concerning a
26 traffic signal issue at Round Lake Boulevard and 161 st where people turning left onto Round Lake
27 Boulevard are not yielding to vehicles going straight and wondered if the City could contact the
28 County to see what could be done. Mr. Dickinson he would check into this.
29
30 (Round Lake Boulevard Trees) - Councilmember Bukkila wondered what the reason was for taking
31 down all the trees in the right-of-way on Round Lake Boulevard. Mr. Dickinson stated the County
32 makes it a practice of removing trees in the right-of-way. Councilmember Trude stated this road has
33 already been improved to the maximum and did not think it made sense for the County to remove
34 trees. She would like to set up a meeting with the County regarding this. Councilmember Bukkila
35 stated the neighbors are concerned because of the loss of a buffer and having to purchase their own
36 trees to plant for a buffer and many do not have the extra money to do this at this time.
37
Regular Andover City Council Meeting
Minutes - May 5, 2009
Page 6
1 (Anoka High School Play) - Councilmember Bukkila stated she received an invitation to the Anoka
2 High School Play which she attended and was pleasantly shocked at the level of ability in these
3 performers. Councilmember Knight stated this is a benefit and the proceeds are going to Junior
4 Diabetes.
5
6 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
7 adjourned at 8:30 p.m.
8
9 Respectfully submitted,
10
11 Susan Osbeck, Recording Secretary
Regular Andover City Council Meeting
Minutes - May 5, 2009
Page 7
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -MAY 5,2009
TABLE OF CONTENTS
PLEDGE OF ALLEGIANCE ....... ................................ ........ ......... ............. ....... ............. ................ 1
RESIDENT FORUM. ................ ............. ............................. ................... ... ............. .................... .... 1
AGENDA APPROV AL..................................................................................................................2
APPROV AL OF MINUTES ..................... ...................... .......... .............. ... ...... .......... ... ........ .... ...... 2
CONSENT ITEMS......................................................................................................................... 2
Approval of Claims..................................................................................................................... 2
Award Quote/09-3/2009 Crack Sealing (See Resolution R041-09) ........................................... 2
Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/05-43/Hanson
Boulevard NW Frontage Road (See Resolution R042-09) .................................................... 2
DISCUSS/APPROVE 2010 BUDGET DEVELOPMENT GUIDELINES.................................... 3
FOLLOW UP TO NUISANCE DISCUSSION .............................................................................. 3
DISCUSS/APPROVE JUSTICE ASSISTANCE GRANT (JAG) MEMORANDUM OF
UNDERSTANDING .................................................................................................................4
SCHEDULE MAYEDA MEETING .............................................................................................4
CANCEL MAY 14,2009 COUNCIL WORKSHOP .....................................................................5
ADMINISTRATOR REPORT ....................................................................................................... 5
MA YOR/COUNCIL INPUT .............................. ........ ...................................................... .............. 5
Fun Fest Questions..................................................................................................................... 5
Traffic Signal Issue ..... ................. .............................................. ........ .................................... .... 5
Round Lake Boulevard Trees..................................................................................................... 5
Anoka High School Play...................... .... .................................................. .... ...... ...................... 6
ADJOURNMENT............................................................................... ........................................ .... 6
1
2
..,
:)
4 ANDOVER BOARD OF REVIEW
5 APRIL 23, 2009 - MINUTES
6
7
8 The Annual Board of Review was called to order by Acting Mayor Julie Trude at 7:00 p.m.,
9 Thursday, April 23, 2009 at the Andover City Hall, 1685 Crosstown Boulevard NW.
10 Andover, Minnesota.
11
12 Councilmembers Present: Sheri Bukkila, Don Jacobson, Mike Knight
13 Councilmembers Absent: Mayor Mike Gamache
14 Also Present: Jason Dagastino, Anoka County Residential Assessor
15 John Leone, Anoka County Commercial Assessor
16 Jim Dickinson, City Administrator
17 Mike Duklow, Appraiser
18 Molly Johnson, Appraiser
19
20 Acting Mayor Trude noted that official notices of the public meeting had been sent to the homes
21 of residents and is posted outside the Council Chambers. She advised that they would only be
22 reviewing assessments from the current year.
23
24 Vacant properties with no address (PID 25-32-24-42-0004. 25-32-24-41-0008. 25-32-24-41-
25 0012.25-32-24-41-0003. and 25-32-24-31-0003) .
26
27 Mr. Dagastino noted that these properties are all owned by the same property owner and advised
28 that it is an ongoing appeal and would remain open at this time.
29
30 Shawn Weinand - 1188 Station Parkway (PID 34-32-24-42-0021)
31
32 Mr. Leone advised that he had been working with this property owner and this appeal would also
33 remain open at this time.
34
35 Mr. Dagastino advised that he had received 204 calls this year and explained that 95 percent of
36 those calls were residents that were confused in the process. He advised that he then explains the
37 process, timeframe, and rules and regulations used to set the values of the properties. He advised
38 that he had conducted reviews of homes that had not been visited recently and was able to help
39 100 percent of those people. He advised that the price had been lowered when possible and
40 when not possible the reason was noted.
41
42 Mr. Leone advised that he had received five calls for vacant lots. He advised that the value of
43 the commercial condo office type buildings had dropped.
44
45 Councilmember Jacobson explained if residents do not agree with the decision made by the
46 Board tonight they could continue their appeal to the County.
Andover Board of Review Meeting
Minutes - April 23, 2009
Page 2
1
2 Mr. Dagastino repOlied that there had been a decrease of 11.5 percent in overall value, the
3 median sale price was $268,000 in 2008 and dropped to $234,000 in 2009. He advised that
4 different areas of the County have dropped differently, such as lake homes remaining the same
5 and townhomes dropping considerably. He explained market value to be the price an educated
6 buyer and seller would consider in an open alms length transaction. He advised that short sales
7 and foreclosures are not used in the market value determination. He advised that although about
8 45 percent of the sales in the last year were bank sales, there were still a number of open alms
9 length transactions within the City to use in determining market value.
10
11 Joyce Wikkin, 3322 143rd Avenue NW (29-32-24-44-0043); Larry Lal'son 3252 143rd Avenue
12 NW (29-32-24-44-0036); Elizabeth Bohn, 3312 143rd Avenue NW (29-32-24-44-0042)
13
14 Mr. Dagastino explained that there are 11 Woodland Creek Townhomes and the value has
15 dropped drastically. He stated that there were many calls received that the value had not been
16 dropped enough. He advised that he strives to reach the value that the home would sell for on
17 the open market. He advised that the value was $375,000 on January 2,2008, reported the
18 property to have around 2,200 square feet, and explained that the price dropped to $243,700.
19
20 Ms. Bohn advised that the sale the value was based on was a foreclosure sale. She thought that
21 the value should be higher as two of the sales in the past two years were foreclosure sales.
22
23 Councilmember Jacobson questioned what information the value is based on.
24
25 Mr. Dagastino advised that he had received several calls in regard to the golf course that has not
26 opened and is still in doubt of being developed. He advised that the callers did not think that the
27 homes would be sold at the price level. He advised that one home had sat on the market at
28 $319,000 for 243 days. He advised that the value had been set in January and the foreclosure
29 sale took place after that date had no emphasis on his valuation of the home. He felt that he set
30 the price correctly on the townhomes. He advised that the home was originally on a golf course
31 and is no longer.
32
33 Mr. Leone questioned what criteria the residents are looking at to set a value and questioned
34 what value they actually thought to be correct.
35
36 Ms. Wikkin questioned ifthe taxes would drop by 30 percent to match the drop in the value of
37 the property.
38
39 Councilmember Jacobson advised that it would depend on the amount ofthe levy set next year.
40
41 Ms. Wikkin questioned if mortgages are taken into account in valuing the homes.
42
43 Mr. Dagastino advised that he does not use mortgage amounts in the valuation ofthe home.
44
Andover Board of Review Meeting
Minutes - April 23, 2009
Page 3
1 Acting Mayor Trude questioned the size of the lots and what the effect of the golf course area
2 would have on the townhomes.
3
4 Mr. Dickinson advised that most ofthe homes along the golf course would generally be higher
5 value homes. He advised that some property owners will see increase in value and some would
6 see decrease, but it would ultimately bring them to the 10.8 percent city wide drop in value. He
7 advised of the townhomes, which would be considered higher value and advised that some
8 higher end detached townhomes were being priced to sell at about $234,000.
9
10 Acting Mayor Trude confirmed the size of the detached townhomes at 2150 square feet on one
11 level.
12
13 Councilmember Knight confirmed that part of the problem in this solution is the uncertain future
14 of the golf course.
15
16 Mr. Dagastino thought that the Aztec Estate Townhomes would be comparable to these
17 to~omes and were selling for around $250,000. He explained that the original asking price
18 factored in the golf course, which is no longer a factor. He advised that these townhomes have
19 been equalized to similar townhomes that are not connected with a golf course. He advised that
20 everything on the golf course that was single family was lowered by 32 percent.
21
22 Acting Mayor Trude thought that this appeal could be kept open to gather further information.
23 . She confirmed that the foreclosure sale did not factor into the valuation of the property the
24 selling price was slightly higher than the valuation and could become a factor in raising the price.
25
26 Ms. Wikkin was under the impression that the tax amount would fall equally with the value of
27 the home dropping.
28
29 Mr. Dickinson thought that the City portion of the residents' tax amount would drop.
30
31 Ms. Bohn stated that she just wanted to confirm that all the homes along the golf course had
32 fallen in value and not just the townhomes.
33
34 Mr. Dickinson reported that the golf course has a failing irrigation system and is in need of
35 serious upgrades before it could become operational. He did not think that the current owner
36 would be willing to sell it at the discounted rate needed. He thought that most likely that owner
37 would sell the land for development or wetland banking.
38
39 Councilmember Jacobson suggested increaseing the price to $250,000 plus an extra five percent
40 for the wetland amenity/former golf course found near the homes, which would be $262,500.
41
42 Mr. Dickinson advised that if the value is changed it would need to be changed on all 11
43 properties and explained that those residents may not be in favor of the increase, as they are not
44 appealing their value.
45
Andover Board of Review Meeting
Minutes - April 23, 2009
Page 4
1 Councilmember Knight advised that the residents that did not attend the meeting could not have
2 known in advance that the price may be raised on their home.
3
4 Mr. Dagastino confirmed that they could raise the level of the three homes this year and equalize
5 the other units the following year.
6
7 Mr. Leone advised that in the 30 years that he has been doing this he has only seen one resident
8 request a higher value and explained that was because the owner wanted the City to buy their
9 land.
10
11 Ms. Bohn agreed to the value of the townhome since she found that the value of all of the homes
12 along the course had dropped.
13
14 Ms. Wikkin stated that she could not agree with a 30 percent drop in value.
15
16 Mr. Dagastino did not think that more information would be needed to value these homes as he
17 felt the valuation was correct.
18
19 Councilmember Knight agreed that the valuation was in line with the sale during that time
20 period.
21
22 Mr. Dickinson pointed out that a comparable price had been found for Aztec Estates and was
23 more concerned with the values being equal rather than changing only two or three.
24
25 Councilmember Jacobson questioned the status of the homeowners. Ms. Wikkin was not
26 agreeable to the value, Mr. Larson was agreeable with the value, and Ms. Bohn was also
27 agreeable with the value set.
28
29 Motion by Councilmember Jacobson, Seconded by Councilmember Bukkila, to concur with the
30 valuation of the three parcels discussed based on the assessment made by the Anoka County
31 Assessor Office. Motion carried unanimously.
32
33 Winslow Holasek, 1159 Andover Boulevard, (PID R23-32-24-31-0025, R23-32-24-31-0026,
34 R23-32-24-32-0006, R23-32-24-33-0002, R23-32-24-34-0052, R23-32-24-41-000L R23-32-24-
35 42-0002, R23-32-24-42-0003, R23-32-24-43-000L R23-32-24-43-0002, R23-32-24-44-000L
36 R24-32-24-31-000L R24-32-24-32-000L R24-32-24-33-0001, R24-32-24-34-000L R24-32-24-
37 43 -000 1 , R26- 32-24-12-0001 , R26- 32-24-13-0001 , R26- 32-24-21-0002, R26- 32-24-24-0002)
38
39 Mr. Holasek confirmed that there was a green acres law change and another made in the past
40 year that would affect the ability to appeal the value of that type of property. He questioned if
41 some background information could be given on green acreage.
42
43 Acting Mayor Trude advised that a bill had been passed regarding green acres last week.
44
Andover Board of Review Meeting
Minutes - April 23, 2009
Page 5
1 Mr. Duklow advised that the legislature made some big changes in the past year stating that the
2 County would need to distinguish between productive and nonproductive land. He advised that
3 the newest session developed a new law, signed on April 3, 2009, stating that productive and
4 nonproductive land would stay and another plan that land owners have until 2010 to decide if
5 they would like to pull their nonproductive land out of green acreage without back taxes being
6 owed. He advised that rule now states that landowners have until May 1, 2011 to decide if they
7 would like to do this. He advised that the value of Mr. Holasek's land raised from $2,100 to
8 $2,752 an acre. He advised that the value is rising because of the tillable land. He advised that
9 the value is set on actual sales in the southwest corner of the state where farmland sales are found
10 more frequently. He advised that $4,000 per acre was set by the Depmiment of Revenue and is
11 then swayed by the soil level. He advised that in Anoka County it has been set at $2,752.
12
13 Mr. Dagastino advised that a border meeting is held to determine the value of the agriculture
14 land and equalize those values.
15
16 Mr. Duklow advised that Mr. Holasek could contest his market value or tillable amount ofland,
17 but nothing could be done with the green acre value set by the State.
18
19 Mr. Holasek advised that he is present to voice his opinion, his objection and contest. He
20 advised that he is not present to dispute the value of the green acres law but just to object to the
21 value.
22
23 Councilmember Jacobson confirmed that all ofthe land owned by Mr. Holasek is green acres.
24
25 Mr. Holasek thought that the valuation had been raised from $1,100 to $1,500 in 2007, then it
26 rose from $1,500 to $2,100 in 2008, and then from $2,100 to $2,752 in the current year. He
27 advised that the overall increase from 2007 to 2009 would be an 83.5 percent increase. He
28 questioned how the County reached the value for green acres.
29
30 Mr. Duklow advised that the County is supposed to set the value at $3,200 and they instead came
31 back to the State with a value of $2,752. He advised that it is $448 less than the value suggested
32 by the State. He advised that there are three classifications of soil in the County in which A
33 would be valued at $3,200 and Band C would be valued at $2,752.
34
35 Acting Mayor Trude acknowledged that Mr. Holasek had a grievance with the value of his land
36 but confirmed that the price for green acreage had been set by the State and this Board would not
37 be able to change that value.
38
39 Mr. Holasek asked a few technical questions regarding the amount set by the County and State.
40 Mr. Duklow advised that he would research that information for him.
41
42 Councilmember Bukkila left the meeting at 8:25 p.m.
43
44 Mr. Leone left the meeting at 8:25 p.m.
45
Andover Board of Review Meeting
Minutes -April 23, 2009
Page 6
1 Mr. Holasek read a statement to the Board stating that he objected to the market and user value
2 of his propeliy.
3
4 Motion by Councilmember Jacobson, Seconded by Acting Mayor Trude, to enter into the record
5 a letter written by Mr. Holasek in regard to his objection ofthe 2009 market and user values of
6 his property, and forward to the County for review at the meeting on June 15,2009. Motion
7 carried unanimously.
8
9 Mr. Holasek requested that the City Attorney review whether or not the local Board of Appeal
10 would have the authority to change the value of his land.
11
12 Councilmember Jacobson questioned whether or not the City Attorney would be the right party
13 to review this issue.
14
15 Mr. Dickinson advised that any value that would be modified by the Board would need to be
16 approved by the County and would then come under the authority of the County Attorney and
17 not the City Attorney.
18
19 Councilmember Jacobson thought that this should be continued to the County Board of Review
20 and that issue should ultimately be reviewed by the County Attorney, as he would make the
21 decision.
22
23 Motion by Knight, Seconded by Trude, to hold Mr. Holasek's parcels over to the reconvene
24 meeting on May 5, 2009. Motion carried unanimously.
25
26 Mr. Duklow advised that he would speak with the County Attorney tomorrow along with the
27 Department of Revenue.
28
29 Motion by Jacobson, seconded by Knight to continue the Board of Review meeting to May 5,
30 2009. Motion carried unanimously.
31
32 The meeting recessed at 8:50 p.m.
33
34 Respectfully submitted,
35
36
37 Amanda Staple
38 TimeSaver Off Site Secretarial, Inc.
39
1
2
3
4
5
6 ANDOVER BOARD OF REVIEW RECONVENE
7 .MAY 5, 2009 - MINUTES
8
9
10 The 2009 Local Board of Appeal and Equalization was reconvened to order by Mayor Mike
11 Gamache at 7:01 p.m., Tuesday, May 5, 2009 at the Andover City Hall, 1685 Crosstown Boulevard
12 NW. Andover, Minnesota.
13
14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude
15 Councilmember absent: None
16 Also present: County Assessor, Mike Sutherland
17 Anoka County Residential Assessor, Jason Dagastino
18 Appraiser, Mike Duklow
19 City Attorney, Scott Baumgartner
20 City Administrator, Jim Dickinson
21
22
23 Motion by Jacobson, Seconded by Knight to reconvene the 2009 Local Board of Appeal and
24 Equalization Meeting. Motion carried unanimously.
25
26 Mr. Dickinson stated on April 23, 2009 the City of Andover conducted the initial 2009 Local
27 Board of Appeal and Equalization. That meeting was recessed to reconvene on May 5,2009 at
28 7:00 p.m. to allow City Staff and County Assessor.Staff to secure answers for unanswered
29 questions at the initial hearing on April 23, 2009.
30
31 As part of an appeal from Mr. Winslow Holasek, the question is whether or not the Local Board
32 of Appeal and Equalization could adjust the tax value of the properties that Mr. Holasek is
33 appealing. It was determined at that meeting that an opinion should come from the Anoka
34 County Attorney's Office and Assistant Anoka County Attorney felt they could not provide legal
35 advice to the Andover Board of Appeal and Equalization. It is the City Administrator's and City
36 Attorney's opinion that the Local Board of Appeal and Equalization can act on the market value
37 of the properties in question but not the tax value. The tax value is set by the Minnesota
38 Department of Revenue.
39
40 Councilmember Jacobson asked what the tax value is for Mr. Holasek's properties. Mr. Duklow
41 stated it is $2,752/acre for his tillable land.
42
43 Councilmember Jacobson asked if the only thing they can do tonight is act on that number. City
44 Attorney Baumgartner stated they can act on the market value and not tax value.
45
46 Mr. Dickinson indicated Mr. Holasek stated what is in question is this is the tillable value ofthe
47 land, but Mr. Holasek has other properties that do not qualify as tillable acreage.
48
Annual Board of Review Reconvene Meeting
Minutes - May 5, 2009
Page 2
1 Councilmember Knight asked how they determined the market value. Mr. Duklow indicated the
2 overall market value of the land is derived by sales. The taxable market value is derived from a
3 guide that is given by the Minnesota Department of Revenue. They give a per acre value
4 according to true Ag sales and then the County adjusts accordingly by what type of soil is in the
5 County. That average State wide average is $4,000/acre; however, everyone in Anoka County
6 with tillable land is valued at $2,752/acre for tax value.
7
8 DISCUSS GREEN ACRES APPLICATION TO ANDOVER PROPERTIESIDISCUSS
9 APPEAL OF MARKET & USER VALUATIONS - HOLASEK PROPERTIES
10
11 Mr. Winslow Holasek stated he is also questioning the value of the rest of his property such as
12 the woods on his property. He asked how the $2,752/acre was set because there are three
13 classifications for tillable land in Anoka County; "A" being the best, "B" being the next best, the
14 forest and they based their valuation on almost every parcel in the County. He stated they
15 recognize the difference in value from "A" to "B" because of poor soil but there is no recognition
16 for "C" being a poor soil and was valued at the same price and he wondered why that was.
17
18 Mr. Sutherland stated essentially what Mr. Holasek said is correct, Anoka County used to have
19 the soil classified as "A", "B" and "C", with not many acres of "A". They have a lot of"B" and
20 some "C". When the State came up with the new ranking, from a Department of Revenue Sales
21 Study from the Southwestern part of Minnesota through Ag sales was used as a basis to. equalize
22 Ag land values statewide. The State gave the County a basis and percentage which was
23 interpreted to mean that eighty percent of the $4,000/acre is for their best Ag land. He stated the
24 fairest thing to him was to lump it together and use the average percentage from their percentages
25 as a basis for value of all the acres County wide.
26
27 Councilmember Trude asked when a category is picked how the County picks it. Mr. Sutherland
28 stated they still have records to see what the land was recorded at but because the number only
29 has validity and meaning for them when they compare their per acre Ag values with Isanti,
30 Sherburne and Hennepin Counties.
31
32 Councilmember Trude asked if all of Mr. Holasek's properties fit in the classification of "B".
33 Mr. Sutherland stated they are all in "C".
34
35 Councilmember Knight asked if every County is free to make an arbitrary decision as to this type
36 of thing. Mr. Sutherland stated the State has given them the basis and as far as the number they
37 are using, when they said eighty percent of $4,000 it would be different per County. When he
38 looked at Anoka County it seemed reasonable to say they needed to be something less than the
39 "A" land value in the County.
40
41 Councilmember Knight asked if there is a statute that laid this out. Mr. Sutherland stated there is
42 a description of the process in the Statute but he is not aware of a specific Statute indicating
43 exactly how to compute it.
44
Annual Board of Review Reconvene Meeting
Minutes - May 5, 2009
Page 3
1 Councilmember Jacobson stated in Mr. Holasek's letter there are twenty parcels listed and he
2 wondered if they are all "c" class. Mr. Duklow indicated they are.
3
4 Councilmember Jacobson stated the value on all the parcels is $2,752/acre and he asked Mr.
5 Holasek what he is suggesting and the reason why it should be reduced. Mr. Holasek stated they
6 have to look at the land and not a Statute. He stated the value of this land at eighty percent of the
7 land sold in the southern part of Minnesota is not realistic since they cannot get many bushels of
8 produce per acre because of the sandy soil.
9
10 Mr. Holasek stated this is an eighty-three percent increase in valuation in two years. He stated
11 this is an unrealistic increase.
12
13 Mr. Holasek submitted a letter to the Board, which read:
14
15 "As I said in my April 25, 2009 letter to the board I object to my 2009 properties valuations as
16 being too high (see 4-23-09 letter for pin numbers). The AG user valuation for class B & C
17 tillable land was raised from $1,500.00 per acre in 2007 to $2,752.00 per acre in 2009. This is an
18 unrealistic increase of 83.5%.
19
20 The County Assessor's office referred to an email from Mr. Larry Austin of the Minnesota
21 Department of Revenue saying the base valuation for tillable and the percentage for Anoka
22 County is set by the department and is non appealable to the local or County Board of Appeal. I
23 asked the County Assessor's office for the Minnesota Statutes that the Minnesota Department of
24 Revenue based these statements of theirs on. I received no specific statues that gave
25 authorization to the Department of Revenue to do this. So I believe the local Andover Board of
26 Appeal has the right to adjust the $2,752.00 class C tillable valuation placed on my property.
27
28 I have light sandy soil classified as class C tillable by the Assessor's office yet it has the same
29 $2,752.00 valuation placed on it as the better class B tillable soil in the County. This is neither
30 just nor correct. The County recognized a difference between the class B tillable as being a
31 poorer soil than class A when it adjusted the price from $3,200.00 per acre for the class A tillable
32 to $2,752.00 for class B & C but it failed to recognize a valuation difference between the class C
33 and B soil.
34
35 Thus I am asking the Andover Local Board of Appeal to consider adjusting the $2,752.00
36 valuation placed on my class C tillable soil to a lesser value than the class B valuation of
37 $2,752.00. I can only grow 60 to 80 bushel com on my sandy soil verses the 150 to 200 bushel
38 com that can be grown on the heavier soil. Therefore I am asking the Board to consider adjusting
39 the value of my tillable soil to a more realistic valuation, which would be in the $1,600.00 to
40 $1,800.00 range per acre. I also ask the Board toadjust the $5,000.00 per acre valuation placed
41 on my tillable peat soil to the same as my other tillable, as there is no basis to value it differently.
42 Thank you."
43
Annual Board of Review Reconvene Meeting
Minutes - May 5, 2009
Page 4
1 Motion by Jacobson, Seconded by Knight, to adjust the market value on the twenty parcels from
2 the existing $2,752 per acre to $1,500 per acre, which is the same rate as appeared in 2007, and
3 the reason is due to poor sandy soils which are not typical to the rest of Minnesota.
4
5 Councilmember Trude thought it would be helpful for the minutes to have Mr. Holasek's point
6 made and the letter included for the County to see and review.
7
8 Mayor Gamache asked Mr. Holasek if he asked them to reduce it last year. Mr. Holasek
9 indicated he did.
10
11 Mr. Sutherland stated $4,000 is the base for the State, the soils in Southern Minnesota would be
12 130-140 percent so in the southern part ofthe State the amounts would be more than $4,000/acre.
13 The $4,000 is considered one hundred percent.
14
15 Mr. Dickinson stated he is concerned if they are to do a drop in value for one particular
16 landowner that it does not provide for equalization throughout the community. By reducing the
17 value of one farmer in the City they do not have equalization throughout the City.
18 Councilmember Trude stated every time they act they act on a complaint and that person who
19 complains, their value is potentially changed. Then in the next years assessment cycle it is
20 reviewed by the local assessor and the values are more equalized out. She thought the
21 complainer usually benefits from their work and efforts and the next assessment cycle they are
22 equalized. They do not know what will happen with the appeal when it goes to court.
23
24 Mr. Sutherland understood where Councilmember Trude was coming from but they should
25 realize there is a difference here. Over the years the State has had a number of programs.
26 Normally ifMr. Holasek's parcels were not in green acres the value would be extremely higher
27 and he would be paying higher taxes on each parcel. He stated Mr. Holasek has an exemption.
28 The difference between his market value and his taxable value is an exemption that exists since
29 the State of Minnesota has a program called "green acres". He stated the market value that Mr.
30 Holasek would likely see would be $30,000/acre if it were not in green acres. The taxable
31 market value is the exemption difference.
32
33 Motion carried unanimously.
34
35 Councilmember Jacobson stated Mr. Mike Duklow's name was misspelled throughout in the
36 previous minutes and should be corrected.
37
38 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
39 adjourned at 7:34 p.m.
40
41 Respectfully submitted,
42
43 Susan Osbeck, Recording Secretary
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 Councilmembers
CC: Jim Dickinson, City Administrator / Finance Director
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Payment of Claims
DATE: May 19,2009
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $196,126.14 on disbursement edit lists #1- #3 from 05/07/09 to 05/15/09 have been issued
and released.
Claims totaling $174,969.94 on disbursement edit list #4 dated 05/19/09 will be issued and released upon
approval.
BUDGET IMPACT
The edit lists consist of routine payments with expenses being charged to various department budgets and
projects.
ACTION REQUIRED
The Andover City Council is requested to approve total claims in the amount of $371,096.08. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
~-?j~
Lee Brezinka
Attachments: Edit Lists
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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 City Council
CC: Jim Dickinson, City Administrator
FROM: Michelle Hartner, Deputy City Clerk
SUBJECT: Approve Refuse/Recycler Hauler Licenses
DATE: May 19,2009
INTRODUCTION
Refuse/recycle hauler licenses expire on May 31, 2009.
DISCUSSION
The five licensed haulers in the City have applied for renewal of their licenses, paid the
appropriate fees and submitted certificates of insurance. Their trucks have been
inspected by our mechanics.
ACTION REQUIRED
The City Council is requested to approve residential and commercial licenses for the
following companies: Allied Waste Services of North America, Walter's Recycling &
Refuse, Ace Solid Waste, Randy's Sanitation and Waste Management of Minnesota. The
license period will be from June 1,2009 through May 31, 2010.
Respectfully submitted,
'--/)!}filiLlli cJ-1 {lv,1"vu--,
Michelle Hartner
Deputy City Clerk
Attach: License Applications
C I T Y 0 F~
. NDO'TE.,.""
f>..,-. __._,_____. __ n".'n~"m.".'~ 0- <...~
1685 CROSSTOWN BOULEVARD N.W. G ANDOVER, MINNESOTA 55304 G (763) 755-5100
FAX (763) 755-89238 WWW.CLANDOVER.MN.US
LICENSE APPLICATION
REFUSEIRECYCLE HAULERS
d/L' - I ~;g.n(;P5; of ('~?//I /.:$1/6,CiCl,.,/-, L.L(L.
1. Business Name ,/'d." /c.d [i,f',;~;rf
2. Address of Business: 5':>lI!J4J:/
~/ ;t'~'"M];O ../f ->7. ~c:.. (ftJ ~3<j
Street City
3. Business Phone Nunlber 7&rJ- 7J>"-f/.-.,.2/e:Jc/
4. Owner of the collection service: -;Z.J-7J!'i:/ - Z/(jej'
/f~L'tid ItJYr!J/P ~.b//CE f t:1r ~i!.7'ff /1J11~C'/'l t'-'"Le
Name (Please print) Phone Number
(JtRe~€ . I~Vdf!; , ~tI, ...:r:;?-d/L!
State Zip
5. Attach a description of each piece of equipment proposed to be used in the
collection operation.
6. Attach a schedule of services to be made to the customer including, but not
limited to, proposed days of collection in different areas of the city.
7. Attach a schedule of varying rates based on the volume of weight of the refuse
collected indicating the charge for each size container or other schedule of
charges.
8. Provide a certificate of public liability insurance in the amount of at least
$100,000 for injuries, including accidental death, to anyone person and in an
amount not less than $300,000 for each accident; and for loss or damage to
property in the amount of $50,000.
9. Check all types of materials you collect and indicate where they are taken for
disposal/processing or recycling:
Name & Location of DisposalJProcessing/Recycling
.;<... Garbage ;2flT
- Tires
Used Oil --~...
-
?(~. Appliances L~#77~/.J Af'/L#.LrZ
Name & Location of Disposal/Processing/Recycling
Corrugated l/ij ,,::;i/.2 ,q f;i::'i- i5 /7
;L-g C'/t'.LdJ;d!/.;1
- . . I
Edible Food Waste
_ Scrap Metal
X Yard Waste Sj?.f3 "L -
u -;1/.v€'
r- Demolition/Construction Debris S}:8 [Jl;;.;/u E-
X Paper/Paper Products 1'77/,#,v. ;2'{z6YCi~7I-
,
?'- Plastics 711//~, ;ge~r(,L.E~
Newspaper
Ashes
;<-. Tree Debris s'~B 6//:J-/ ,z/.e:
;X.. Office Paper /4~;tt'd ~ ~c~
?C..., Glass $/~.J. /.er7a:.~
.'
_ Other - specify
10. License( s) Requested: X.Residential K Commercial
11. Number of trucks proposed to be licensed 7
Applicant acknowledges receipt of a copy of City Code Title 4, Chapter 2 and agrees to
comply at all times with the provisions of said ordinance.
') L
' /:;:/ ft/~ ... . 3P<?~1
~.._' Signature Date
License Fees: Residential License $150.00 Receipt # 1/ t-ft-I- _":)
, ~
Cominercial License $150.00 Insurance Expiration Date: ~- 3 6-D 7
Per Truck Fee* $25.00 * $50.00 re-inspection fee per truck if 1 st
inspection fails.
Council Action: Approved Denied Date
C H-~04-CPl
R-H -64~O::i
,^NDbVE~
. .-1.-':. ,v=~..,...~..-....~ --~_.-~_.~_.- .-.=----~~'<<~
1685 CROSSTOWN BOULEVARD N.W. e ANDOVER, MINNESOTA 55304 e (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
LICENSE APPLICATION
REFUSEIRECYCLE HAULERS
1. Business Name o !. \ :=-~;,-; 'I t +0. ~--;-()\"'l -I n c,
K[r !\( lLJ -S I
2. Address of Business: f:) (D , be X' Ib 9
tf-351 LI.S HIP V I(~ 5E De iClno I'Yl
VI $53,;{ ,1
Street I City
) State Zip
3. Business Phone Number (76 ~) q 7d-.. ~3 ~~3 5
4. Owner of the collection service: (70~)
~Q\I\ dll II R. Ro~ I<OUJi'C( k <1 7d-333 5
Name (Please print) Phone
Number
/'^ SF
55,3(;(0
City
5. Attach a description of each piece of equipment proposed to be used in the
collection operation.
6. Attach a schedule of services to be made to the customer including, but not
limited to, proposed days of collection in different areas of the city.
7. Attach a schedule of varying rates based on the volume of weight of the refuse
collected indicating the charge for each size container or other schedule of
charges.
(
8. Provide a certificate of public liability insurance in the amount of at least ctr( fie. .
$100,000 for injuries, including accidental death, to anyone person and in an ,f) ,<
amount not less than $300,000 for each accident; and for loss or damage to ./Jt1'. vbj J
property in the amount of $50,000. ~. . -
9. Check all types of materials you collect and indicate where they are taken for
disposal/processing or recycling:
Name & Location of DisposalJProcessing/Recycling
-/ Garbage ( I: .r
- ("
C I- /.;1 '-' , f /', ~ ~ r ,. 'L Ie '/d/{Le.~ . </1Un-- I
0:./ I J. {/-G '^i V(.(.! J..'J--!Lt. t
,
I
Tires
-
- Used Oil
~ Appliances L,. '-) I <. '""" _:1 /.,,1< " '1 'J.r"--1Ci
..... \, .., (.Ltt1..I..(./d:y(J
, J"
Name & Location of DisposallProcessing/Recyding
--LL- Corrugated '-[\ ~t / t JU, .. if ;..:" '" /'2 ",.:-:,1-C i. [
._', '.c)"if '" .,,1~...C, ((2- i ~.(-_.. eJ[
,
Edible Food Waste
-
--
~ Scrap Metal i/l rr( '2A~:_ -,_ ~I ,/- 7/(--/l_-. - ~)~) 2/.' )':.: -}~(?L?/-~(!.-.li~1----
/
I
Yard Waste
-
~' / / j /! ~
I'
t/ Demolition/Construction Debris \it )!(}UiJ fPt/.i.ll(if!e 'I- : '~'L1--7i>~;? --!;;j!t:l-1r.ii
- d . f .
V Paper/Paper Products fJ.da-1
,r
Y? CMwL!/J' '-f:l~~z- 'i- ~141tfek -
~ Plastics
~ Newspaper
Ashes
Tree Debris
~ Office papf ~a1~b ~rJ'?!rt(J .. . ct, ~/1'10{tA - 0aJ{Mar
0 II
V Glass ~.
vi Other - specify r iJ1til/!/>ffl.,f!;)/ -fj~(J{U1r
~0 /'( - -.e~J
r ? 171); /Y1U,,,r1-.<l./
10. License( s) Requested: /' Residential ~.Commercial
11. Number of trucks proposed to be licensed Ii-
Applicant acknowledges receipt of a copy of City Code Title 4, Chapter 2 and agrees to
comply at all times with the provisions of said ordinance.
vJ?bnda l ~!1Jv 4 ~3-()1
Signature Date
License Fees: Residential License $150.00 Receipt # tl5 I y..
Cominercial License $150.00 Insurance Expiration Date: / D-f-(f"1
Per Truck Fee* $25.00 * $50.00 re-inspection fee per truck if 1 st
inspection fails.
Council Action: Approved Denied Date
C t-\ -0 ~ -c9~1
R. H- .- 03 "Oel
~ITY OF~
.NDO\'E'..'"
. ~ ----.. -~--
1685 CROSSTOWN BOULEVARD N.W. .. ANDOVER, MINNESOTA 55304 .. (763) 755-5100
FAX (763) 755-8923 . WWW.CI,ANDOVER.MN.US
LICENSE ~U>PLICATION
REFUSEIRECYCLE HAULERS
1. Business Name \\CE: ~''J::A_\ ~~ \.;::Y?\~~:;\('-'--) I-\~C~.
2.
8:- "' ~rJ ;:.,r: '.-')D '7~
\\j L0 . J ~
State Zip
3. Business Phone Number 11lQ t;.. 4 9/1- ~ i \ 0
4. Owner of the collection service:
MQ'(('.w ~'\\.\.l..\t.\ -z:er I Lo'l)" L\ 1-/1. J:711 0
Name (Please print) Phone Number
G.~O\ ~c..,\L\!(\\Lq S ~W \ ~2.Qm~, NN 553b.S
.
Street Address City State Zip
5. Attach a description of each piece of equipment proposed to be used in the
collection operation.
6. Attach a schedule of services to be made to the customer including, but not
limited to, proposed days of collection in different areas of the city.
7. Attach a schedule of varying rates based on the volume of weight ofthe refuse
collected indicating the charge for each size container or other schedule of
charges.
8. Provide a certificate of public liability insurance in the amount of at least
$100,000 for injuries, including accidental death, to anyone person and in an
amount not less than $300,000 for each accident; and for loss or damage to
property in the amount of $50,000. . .
InS\HILfle (lonlj)<L9CL~ ~loL 5103 wd W~YJ J)LlcJ (lC~ 510Q
9. Check all types of material you collect an~ indicate where they are ta~en for
disposalJprocessing or recycling:
Name & Location of DisposallProcessing/Recycling
V Garbage N S P E \ \(.. \?-~ \)~r f<z ")OLl ICe. ee CDDG L\ \ L\ \c.. L\()c'f
- Tires
- Used Oil
~ Appliances:.} R>s \id\Jr..Lnce..d. f2.e_c~cJers I ~=~\luc{' (;(() UG \.-1Cl'jhh;
Name & Location of DisposallProcessing/Recyding
/ r I\..' I} hh' (LfjD \6 - LD~, /, r"Ii") "Ju.:)\~ r:::,-(()~_
'V. Corrugated' I Dr (~t {
Edible Food Waste
-
_ Scrap Metal
.j Yard Waste S~?~ c,
\' -' \ ~~U{\ (_.J
- .
~ Demolition/Construction Debris f. \ \L t~ \ ~ f \JL\ry\ Ct \ \ , E \ \c- ';2-\ Lye y
_ Paper/Paper Products
Plastics
-
_ Newspaper
Ashes
- w&.-j!VL,
- Tree Debris
_ Office Paper
U)
Glass
-
_ Other - specify
10. License( s) Requested: VResidential ~ Commercial
11. Number of trucks proposed to be licensed
A licant acknowledges receipt of a copy of City Code Title 4, Chapter 2 and agrees to
c ill ly at all time the . . of
1 ce.'
i-/Y'-Oi
Date
License Fees: Residential License $150.00 Receipt # //~5D
Cominercial License $150.00 Insurance Expiration Date:
Per Truck Fee* $25.00 * $50.00 re-inspection fee per truck if 1 st
inspection fails.
Council Action: Approved Denied Date
.1
Q t+- "- 0 S; -cJ '=l
R/t -(J5 -09
~NDbVE~
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
LICENSE APPLICATION
REFUSEIRECYCLE HAULERS
Business Name LUnL,1i:> rV\O-I\(~ (j \.' lYiQ ,1.:..+ r 01 ,n Vlk<:....rh:l ~ \v) (,
1. ot
2. Address of Business:
iOOc;f) Y\~IDS 8~ V\ c B tu' V\.{i mY\ 5 0LJ Lf9
eet City State
Zip
3. Business Phone Number q'S d, - 89 () - ) I 0 D
4. Owner of the collection service:
I DD60 nQPIi!~ S+- nf J3jCl;V1~ VhYl GS J./L/tj
Street Address City State Zip
5. Attach a description of each piece of equipment proposed to be used in the
collection operation.
6. Attach a schedule of services to be made to the customer including, but not
limited to, proposed days of collection in different areas of the city.
7. Attach a schedule of varying rates based on the volume of weight of the refuse
collected indicating the charge for each size container or other schedule of
charges.
8. Provide a certificate of public liability insurance in the amount of at least
$100,000 for injuries, including accidental death, to anyone person and in an
amount not less than $300,000 for each accident; and for loss or damage to
property in the amount of $50,000.
9. Check all types of materials you collect and indicate where they are taken for
disposal/processing or recycling:
Name & Location of DisposaI/Processing/Recycling
~ Garbage Nfl&, l;/k.. iLI"v..t V i ( 700- 1 &Ei JYl frv-i 11 LV j 1:1 I
JL ,2. Ltu....
Tires
-
Used Oil
-
--X- Appliances \linT l;,\" :P'l-td I c\ ~) r fA. \' S \- ?CUA. \
::; Y 1 \ i'\ II Q ."'\ (',- \'1 C\.
Name & Location of DisposaI/Processing/Recycling
~ Corrugated Uj f\\ -T \.D ,Ii C! ,-'li":'~ nllZ f- - \ '60(' G recet L,- ,U...\ S * \\f:: (\1 f IS
_J
Edible Food Waste
-
~ Scrap Metal UWfl Tv..',\l'1 lei g,." rYE yv\ ~) s
~ Yard Waste 1'112(1 t;3C \ \\;\.J L ell')'\ AJt rv\ 'f) L,
~ Demolition/Construction Debris (6. c jL C \(/1 \ - 01\ '7\ Iwx vIE ,/)
olcun>L
~ Paper/Paper Products U J ffiT UJ . {\ fl,.t\ 9'; ty\ IL F- \"200 6vcc...G\wo..i GrY\G mpfs
, .
11
'f Plastics
\ \
1\
K. Newspaper
Ashes
X. Tree Debris N f(~ &30 JYloJ (1 c~ PwQ M\'1'~
X Office Paper \;Om Iw;'y) ti-\ivs M~f - l~bO rsy:catl iIJ(\.\1 St- Y)~ yY) r I~
"
i'
X Glass
_ Other - specify
10. License( s) Requested: .=) Residential -1- Commercial ;l
eo \ \ o\t '
-
11. Number of trucks proposed to be licensed q
es receipt of a copy of CitY Code Title 4, Chapter 2 and agrees to
Ith e provisions of said ordinance. $150.00
~ 1 So. 0 0
.03 - 26 ..(;JCf_
_$ ~~5iOO
Date
-$ ':7J,;;7,OO
License Fees: Residential License $150.00 Receipt # , f L-t:ci3
Commercial License $150.00 Insurance Expiration Date: 1-1-1 0
0) Per Truck Fee* $25.00 * $50.00 re-inspection fee per truck if 1 st
inspection fails.
Council Action: _ Approved Denied Date
-
C.4 -6l-09
~ l-\ " 0 I-Cf-i
~
CAe ! T Y 0 F~ ")1cS
"NDOVE' 'i
~-- ,~.. ..' ..-.... ......---.....-.-.- .--.-..-.---..' ~~"
-
1685 CROSSTOWN BOULEVARD N.W. " ANDOVER, MINNESOTA 55304 " (763) 755-5100
FAX (763) 755-8923 " WWW.CI.ANDOVER.MN.US
LICENSE APPLICATION
REFUSEIRECYCLE HAULERS
1. Business Name !~)111-kf'S KH..wI'NCl i;; R~FiJSf'
. u 0-. '
2. Address of Business:
p.o. ~ to7 Cled{.. PirJ{..S ({)I\I ~s-OJLI
Street City State Zip
3. Business Phone Number l/P]- 7'60 - gill, l{
4. Owner ofthe collection service:
G€~~~ f WAc,l!/L-
Name (Please print) Phone Number
-'
\
- lVI' . .. -
Street Address City State Zip
X Attach a description of each piece of equipment proposed to be used in the
collection operation.
~~OX Attach a schedule of services to be made to the customer including, but not
limited to, proposed days of collection in different areas of the city.
X Attach a schedule of varying rates based on the volume of weight ofthe refuse
collected indicating the charge for each size container or other schedule of
charges.
8. Provide a certificate of public liability insurance in the amount of at least
~~ -]-s $100,000 for injuries, including accidental death, to anyone person and in an
amount not less than $300,000 for each accident; and for loss or damage to
property in the amount of$50,000.
9. Check all types of materials you collect and indicate where they are taken for
disposal/processing or recycling:
Name & Location of DisposaJJProcessing/Recycling
~ Garbage DJ: tvEiZ. If!, jJ,4i.Jftl-t; l/NsFtft- 'blft~~'<-
/
X Tires f.~s' ~ 'ha.{t '-" p'l.;nt"".i
~ Used Oil \I~"!ttf'>' k:\,~~, '~iA;-\~':"
X. Appliances ~r;;.~~v\.I\WS- AfYCiC...l.. .
Name & Location of Disposal/Processing/Recyding
. d /~ . ..., , ^ o. ~^
~ Corrugate I'OdL l &1\j;\~. IJ~L F (i,t,we... I [;';,;)i,;lJ.A 1111 fl.j
.
~ Edible Food Waste
~ Scrap Metal Sth..JJ'",ir~~lT-~'~ 'liN (,\Vr
:x. Yard Waste (vll\) f\\VI~H VJH-jl'l Pt-"itR- ~...~
~ Demolition/Construction Debris ~h:,\\\~L~ {'11\ft:.:s.it\ - <3L~rXi-
X Paper/Paper Products ~tL '1G.'N.'\J. &U1lA
- .
~ Plastics t:tll. ~ LVM Tt\:. U'lJ\pl S
~ Newspaper ~I hC;,l) '~pk,' (2ttl~ ~: l~lW-a4
~ Ashes
-L Tree Debris ~l4\vv,'l~U_ \W)Pv~ ... B i+iv.J(v
Office Paper ~l \~.M.) t&1~t'lf4
- . I
~ Glass ~\\\~ ~,_L1' ~U/<)L-4)
_ Other - specify
10. License(s) Requested: X Residential X' Commercial
11. Number of trucks proposed to be licensed
Applicant acknowledges receipt of a copy of City Code Title 4, Chapter 2 and agrees to
comply at all times with the provisions of said ordinance.
ff,<<f - :shy,,'!
. Signature ' ate
License Fees: Residential License $150.00 Receipt # 1/ J?S
Commercial License $150.00 Insurance Expiration Date: /- / - J ()
Per Truck Fee* $25.00 * $50.00 re-inspection fee per truck if 1 st
inspection fails.
Council Action: Approved Denied Date
C . , ..~\ \ C'
H-- C)O\ .- u 1
t2H ~ 0 ;) -Oel
@)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
CC:
FROM:
SUBJECT: Approve Temporary 3.2% Malt Liquor License/Andover Lions/Fun Fest
DATE: May 19,2009
INTRODUCTION
The Andover Lions have applied for a 3.2% malt liquor license for the Fun Fest.
DISCUSSION
Each year the Lions Club sells 3.2% malt liquor during the Fun Fest, which will be held
on July 10 and 11,2009.
They will be selling on Friday, July 10th from 6:00 p.m. until 11 :00 p.m. and on Saturday,
July 11th from 10:00 a.m. until midnight.
ACTION REQUIRED
The City Council is requested to approve a temporary 3.2% malt liquor license for the
Andover Lions Club for July 10 and 11,2009.
Respectfully submitted,
\
Mic elle Hartner
Deputy City Clerk
Attach: Application
CI T Y (' '~
.."' , . ~.l.{ : .. .~. ~.
NDOVE - -. . .
. -
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
COMBINATION APPLICATION FOR RETAILERS (ON-SALE) (OFF-SALE)
3.2 % MAL T LIQUOR LICENSE
To the City of Andover, County of Anoka.
I, "kM. &sAaf-T- ,of the City of AAJdover ,
County of ~N(!)KA hereby make application for the following
Iicense(s): (Off-Sale) (On-Sale) established pursuant to an Ordinance passed by the
Andover City Council.
For the past five vears mv residence h9s bEfen as follow~: -;,..-:""':':",f'" A,,1
I
- r . . - .. - \.....11".-... j'
, -
I was born , at
_. - . - (City, Village, A Town) -
(month, day, year) c/ob
I am the ~resJd(.;{/ of kdavev l,oNS
(Title, Officer) (Name of Organization)
located at the following address
The date the organization was incorporated If7d.-
The name and address of the officers are as follows:
I
'_Y -1l ~ .
rA, t;) h Om C:>~ h(ll a:t I -
- eo- "... ,
.~~
-
])6fl-D~( hi lUe sT ,
- . - ,-" - I - ...... ~ . - - 'I
~&n /
I ^,,:o~ Al"l
Nick. . ... -... - .-- I
P O\lh\'Q Alo I.
t
. .-- I -- ... - - ~ . r . + ... ~v ..
. - ,
Name of Business: fcht&f~ ;{UJvl4 CluJ--
Business Address: i{Qt<;,s /J PA cf:~ ~, Nul - ~cPc~
Store Manager: (\!f\
Store Phone Number: -t\; f;>
C:\Documents and Settings\ScottACITY_HALL\Local Settings\Temporary Intemet Files\OLKI5D\3.2% Malt LiquoLdoc
I agree, as part of this application, to furnish a list of all other persons, firms, or
corporations having an interest in the licensed organization. I will notify the City of
Andover of any change in legal ownership or beneficial interest in such organization.
I am_ am not~~ngaged in the retail sale of intoxicating liquor.
I have_ have not ~A had an application for licenses rejected previously.
I have_ have not V been convicted of a felony or of violating any national or state
liquor law or local ordinance relating to the manufacture, sale or transportation of
intoxicating liquor.
Gambling or gambling devices will not be permitted on the licensed premises.
I have no intention or agreement to transfer this license to another person.
I agree to waive my constitutional rights against search and seizure and will freely
permit peace officers to inspect my premises and agree to the forfeiture of my license if
found to have violated the provisions. of the ordinance providing for the granting of this
license.
I hereby solemnly swear that the foregoing statements are true and correct to the best
of my knOWled9y OJ"'" ~f;T- S-JI-:Jco?
{f;J Signature of Applicant
Date
License Fees: rJth-
Temporary: $25.00 (3 day max.))( Receipt#
Off-Sale 3..2%. Malt Liquor: $75.00 .
00-Sale3.2% Malt Liquor: $200.00
Action by City Council: Approved Denied Date:
License #
C:\Documents and Settings\ScottA.CITY_HALL\Local Settings\Temporary Intemet Files\OLK15D\3.2% Malt Liquor.doc
@
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 Application for Exempt Permit/Andover Lions Club
DATE: May 19,2009
INTRODUCTION
Andover Lions Club has submitted an application for a raffle at the Andover Family Fun
Fest on July 10 and 11,2009.
DISCUSSION
Council can either approve or deny the application.
ACTION REQUIRED
The City Council is requested to consider approval of the application and to adopt the
attached resolution.
Respectfully submitted,
\-fY~
Michelle Hartner
Deputy City Clerk
Attach: Application
Resolution
LG230 A IIcatlon to Conduct Off-elte Gamblin MOO' "ee
Organization name_ ~Ch}-e ~_l~ <; r ~ J...!- __ License number __?::.~?!i---
License expiration date --19_l 1;,0_' 2.t:J/o
Gambling Premises
1. Name of establishment or function where gambling activity will be conducted (to.{'Q ove.~;,<:'~~!iill
2. Street address and city It oe:;{ ~ C. .J. A) St? ftJ LV...J "'"& ( ,j p
.. Do not use a post office box.
. If no street address, write in road designations. Example: 3 miles east of Hwy 63 on County Road 42.
3. Does your organization own the gambling premises?
_ Yes If yes, a lease is not required.
-1- No If no, a lease agreement must be attached. Use LG224 Lease for Off-Site Gambling Activity.
A lease is not required for raffles.
Gambling Activity
1. Check ("/) the gambling activity your organizatio9--will be conducting.
_pull-tabs __bingo _tipboards 1raff1e _paddlewheel
2. Date of single day event ~ti'1 It>t-Il,O't . 4 separate days allowed per calendar year.
3. Dates of up to 12 consecutive days in connection with a county fair. state fair. church festival. or civic
celebration. Begin date ~ ~ \ \;I" 10 -::J1!i. End date 3 u.l "t ill 09 1 event allowed per calendar year.
Acknowledgment
. The person signing this application must be the CEO of your organization and have their name on file with th
Gambling Control Board.
. If the CEO has changed during the term of your license and the current CEO has not filed a
LG200B Organization Officers Affidavit with the GambUng Control Board. he or she must do so at this time.
I have read this application, and all information is ra , and complete.
ChIef executIve'-' c.,nature /~ - Dab> _0$/'J1J ,:;"1
Print name _~M ~ho..""f'-r ________- Daytime phone -------------
Application and Required Attachments
1. LG230 Application to Conduct Off-Site Gambling. Mail to: Gambling Control Board
There is no application fee. Suite 300 South
asolution of approval from the local unit of 1711 West County Road B
government (city or county) Rosevi\le, MN 55113
3. Copy of the lease agreement. Or. fax to 651-639-4032
No lease is required if only a raffle will be
conducted or your organization owns the premises. Questions? Contact a licensing specialist at
651-6394000.
This publication will be made available in Board will be able toprooess yoorapplicatlon. whose work requireS access to the information;
alternative fonnal (i.e. large print. Braille) upon Your name and address wiD be public Minnesota's Department of Public Safety;
request The infonnation requested on this fonn information when received by the Board. All Attorney General; Commissioners of
(and any attachments) will be used by the other information you provide will be private Administration, Finance, and Revenue;
Gambling COntrol Board (Board) to detennine data about you until the Board issues your Legislative Auditor; national and international
yourqualificationstObeinvolvedinlawfulgambling permit. When the Board issues your pennlt, gambling regulatory agencies; anyone
activities in Minnesota, and to assist the Board all infonnation you provided will becOme pursuant to court order; other individuals and
in conducting a background investigation of you. publicexceptforyourSocialSecuritynumber. agencies specifically authorized by state or
You have the right to refuse to supply the which remains private. If the Board does not federal law to have access to the information;
information requested; however, if you refuse issue you a permit. an information you individuals and agencies for which law or legal
tosupplythisinfonnalion, the Board may not be provided remainsprivate.withlheexception order authorizes a new use or sharing of
able to determine your qualifications and. as a of your name and address which will remain infonnation after this Notice was given; and
consequence, may refuse to issue you a pennil pUbliC. Private data about you are available anyone with your consent.
If you supply the information requested. the to following: Board members and staff
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. -09
A RESOLUTION APPROVING A CHARITABLE GAMBLING PERMIT FOR THE
ANDOVER LIONS CLUB TO CONDUCT A RAFFLE DURING THE ANDOVER
FAMILY FUN FEST, FRIDAY, JULY 10 AND SATURDAY, JULY 11,2009, AT 1685
CROSSTOWN BOULEVARD NW, ANDOVER, MINNESOTA.
WHEREAS, the Andover Lions Club has submitted an application to the City of
Andover and the State Charitable Gambling Board for a permit to operate charitable
gambling at the Andover Family Fun Fest, 1685 Crosstown Boulevard NW, Andover,
MN.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover, Anoka County, Minnesota, that a charitable gambling permit is hereby
approved for the Andover Lions Club to operate a raffle during the Andover Family Fun
Fest, Friday, July 10 and Saturday, July 11,2009 at 1685 Crosstown Boulevard NW.
Adopted by the City Council of the City of Andover this -12- day of May ,2009.
CITY OF ANDOVER
Attest:
Michael R. Gamache - Mayor
Michelle Hartner - Deputy City Clerk
C I T y 0 F C0
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
CC:
FROM:
SUBJECT: Accept Feasibility ReportlWaive Public Hearing/Order Plans &
Specs/09-22/Bunker Lake Blvd. NW Frontage Road/Jay Street Realignment -
Engineering
DATE: May 19,2008
INTRODUCTION
The City Council is requested to accept the feasibility report, waive the public hearing and order the
plans and specifications for Project 09-22, Bunker Lake Boulevard NW Frontage Road/Jay Street
Realignment.
DISCUSSION
The Prater property (Eddy's Auto Body) located at the southeast comer of Jay Street and the Bunker
Lake Boulevard Frontage Road is in the process of redevelopment. K wik Trip is working with the
Prater's to purchase the property and construct a gas station/convenience store. This redevelopment is
contingent on improved access to the site. Property owned by Kottke's Bus Company will also
receive benefit by such improvements by providing improved access to property east of the Prater site.
Attached for your review is the feasibly report that addresses in detail the improvements and costs for
Jay Street and the realignment of the frontage road.
Assessments are identified in the report as follows:
Andover Economic Development Authority $150,000.00 (not to exceed)
Prater Property $ 96,085.61
Kottke's Bus Company $ 48,042.80
If actual project cost are less than identified in the report each assessment will be reduced accordingly.
All parties have reviewed the report and agree with the findings. Attached are letters waiving the
public hearing.
BUDGET IMP ACT
The project will be assessed to the benefiting properties and the EDA portion ofthe project will be
financed through the existing Tax Increment Finance District.
Mayor and Council Members
May 19, 2009
Page 2 of2
ACTION REQUIRED
The City Council is requested to approve the resolution accepting the feasibility report, waiving the
public hearing and order the plans and specifications for Project 09-22, Bunker Lake Boulevard NW
Frontage Road/Jay Street Realignment.
Respectfully submitted,
(j)~.
David D. Berkowitz
Attachments: Resolutio~etters Waiving Public Hearing:;;peasibility Report ,/
cc: Charles Peterson, Kottkes' Bus Service, Inc., 13625, Jay St. NW, Andover
Edward Prater, Eddy's Auto Body & Repair, Inc., 1786 Bunker Lake. Blvd. NW, Andover
.---~--
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING
AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR
PROJECT NO. 09-22 ,BUNKER LAKE BOULEVARD NW FRONTAGE ROAD/JAY
STREET REALIGNMENT.
WHEREAS, the City Council did on the. 21st day of April , 2009, order the
preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by the City Enqineer and
presented to the Council on the ~ day of May ,2009; and
WHEREAS, the involved parties have waived the right to a Public Hearing; and
WHEREAS, such report declared the proposed assessment to be feasible for an
estimated project cost of $ 294.128.41
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council hereby accepts the Feasibility Report for Project No. 09-22, for the
improvements and waives the public hearing.
2. The Council will consider the improvements in accordance with the report and the
assessment of abutting property and the Andover Economic Development Authority
for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429
at an estimated total cost of the improvement of
$ 294.128.41
MOTION seconded by Council member and adopted by the City Council
at a reqular meeting this 19th day of May , 2009 , with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Michelle Hartner - Deputy City Clerk
May 11, 2009
Andover City Engineer
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Municipal Street and Utility Improvements
Dear City Engineer:
I hereby petition for improvements of storm sewer and streets for the Bunker Lake
Boulevard NW Frontage Road Realignment (project #09-22) with the improvement
to be assessed against my benefiting properties located at 1714 and 1716 Bunker
Lake Blvd. Frontage Road (parcel id. #34-32-24-41-0005 and #34-32-24-41-0003).
I have read the feasibility report and agree with the findings. I have reviewed the
estimated costs for the work involved and agree to bear an assessment not to
exceed $48,042.80, for said frontage road realignment, Jay Street median
reconstruction and associated pond construction.
Said petition is unanimous and the public hearing may be waived. I would like to
be assessed over a ten year period at the agreed upon interest rate of 4.5%.
Lastly, I agree to dedicate the needed easements, per the approved feasibility
report, for the road and utility work to commence in the fall of 2009 at no cost to
the City.
8J:L~~ ~
Chuck Peterson (Property Owner)
C/o Kottkes Bus Service
_:'
13625 Jay Street NW
Andover, MN 55304
Phone (763) 755-3100 (Work)
May 11, 2009
Andover City Engineer
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Municipal Street and Utility Improvements
Dear City Engineer:
I hereby petition for improvements of storm sewer and streets for the Bunker Lake
Boulevard NW Frontage Road Realignment (project #09-22) with the improvement
to be assessed against my benefiting properties located at 1724 and 1766 Bunker
Lake Blvd. Frontage Road (parcel id. #34-32-24-41-0002 and #34-32-24-41-0001).
I have read the feasibility report and agree with the findings. I have reviewed the
estimated costs for the work involved and agree to bear an assessment not to
exceed $96,085.60, for said frontage road realignment, Jay Street median
reconstruction and associated pond construction.
Said petition is unanimous and the public hearing may be waived. I would like to
be assessed over a ten year period at the agreed upon interest rate of 4.5%.
Lastly, I agree to dedicate the needed easements, per the approved feasibility
report, for the road and utility work to commence in the fall of 2009 at no cost to
the City.
Sincerely,
_ ~~ . __ ~. .... _0.) ~ /2-o~
c /./ ..--y"""-- - J . /
c':~~// ..-z ? ~'
Eddy Prater (Property Owner)
C/o Eddy's Auto Body
1766 Bunker Lake Blvd. Frontage Road NW
Andover, MN 55304
Phone (763) 757-5353 (Work)
May 11, 2009
Andover City Engineer
1685 Crosstown. Boulevard NW
Andover, MN 55304
Re: Municipal Street and Utility Improvements
Dear M. Berkowitz:
On April 21st the Economic Development Authority (EDA) approved a "not to
exceed" dollar amount that they would contribute towards the improvements of
storm sewer and streets for the Bunker Lake Boulevard NW Frontage Road
Realignment (project #09-22). That amount was set at $150,000 using Tax
Increment Funds from TIF Districts #1-1 and #1-2.
I have reviewed the estimated costs for the work involved and on behalf of the
EDA agree to pay an amount not to exceed $150,000 for said frontage road
realignment, Jay Street median reconstruction and associated pond construction.
In the event that costs are less than the feasibility estimate, the EDA would share
proportionately in the savings.
Lastly, the petition is unanimous and the public hearing may be waived.
-
ickinson
tive Director - Andover EDA
Sl\NDbYE~ Q)
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 iuJ-.
FROM: Courtney Bednarz, City Planll{~
SUBJECT: Approve Final Plat/Woodland Crossings 2nd Addition-Planning
DATE: May 19, 2009
INTRODUCTION
The City Council is asked to approve a final plat for Woodland Crossings 2nd Addition.
DISCUSSION
The final plat is found to be in compliance with the approved preliminary plat and planned unit
development.
ACTION REQUESTED
The Council is asked to adopt the attached resolution approving the final plat subject to the
conditions of the attached resolution.
Attachments
Resolution
Preliminary Plat ResolutionR038-09
Final Plat
Cc: Woodland Development 13632 VanBuren Street NE Ham Lake, MN 55304
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO
A RESOLUTION APPROVING THE FINAL PLAT OF "WOODLAND CROSSINGS 2nd
ADDITION" ON PROPERTY LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24,
LEGALL Y DESCRIBED AS:
Lots 1 through 5, Block 1 Woodland Crossings, Anoka County, Minnesota
WHEREAS, the City Council has approved the preliminary plat of the project to be known as
"Woodland Crossings 2nd Addition"; and
WHEREAS, the Developer has presented the final plat of Woodland Crossings 2nd Addition; and
WHEREAS; the city has reviewed such final plat for conformance with the preliminary plat; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby approve the final plat of Woodland Crossings 2nd Addition contingent upon the
following:
1. The final plat shall conform to the preliminary plat and planned unit development
resolution R038-09 and the final plat drawing stamped received March 16,2006.
2. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in
the site.
3. The developer shall be responsible for the cost of construction of all improvements
proposed as a part of the preliminary plat.
4. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines and a development agreement acceptable to the City Attorney. A financial
guarantee will be required as a part of this agreement to assure all of the subdivision
improvements will be completed.
Adopted by the City Council ofthe City of Andover this _th day of May, 2009.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R038-09
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
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 of the City of Andover has
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:
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 ofthe
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.
Adopted by the City Council of the City of Andover this 21 st day of April, 2009.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy, City Clerk Michael R. Gamache, Mayor
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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 Councilmembers
CC: Jim Dickinson, City Administrator
FROM: Captain Tom Wells - Anoka County Sheriffs Office
SUBJECT: Anoka County Sheriff s Department Monthly Report - Sheriff
DATE: May 19,2009
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 April 2009 monthly report.
DISCUSSION
To be verbally presented.
ACTION REQUIRED
For Council information.
Respectfully submitted,
Captain Tom Wells
Anoka County Sheriff s Office
Attachment: April 2009 Monthly Report
MAY. 13.2009 4:39PM PATROL NO.6132
p, 2
CITY OF ANDOVER ~ APRIL 2009
ImM - I ] I YrD 200~ : I
I
APRIL MARCH APRIL
YTD 2008
Radio Calls 773 741 2~g13
2,952
Incident Reports 899 860 3,298
2,987
Burglaries 15 6 28
19
Thefts 58 35 144
119
Crim.Sex Condo 2 2 9
5
Assault 6 10 26
14
Dam to Prop. 25 16 66
89
Harr. Comm. ---- 8 15 44
44
Felony Arrests 4 7 13
56
Gross Mis. 2 0 3
28
Misd. Arrests 47 44 131
306
DUI Arrests 17 9 49
43
Domestic Art. 9 5 28 19
Warrant Arr. 14 7 45
53
Traffic Art. 235 252 974
823
DUI OFFENSES:
DAY
OF Sunday Monday Tuesday Wednesday Thursday Friday
Saturday
WEEK:
TIME: 0055 2303 0100 0007 0013
0140
0143 0105
0114 2322
0257 0206
0204
0212
0211
1818
2042
MAY. 13.2009 4:40PM PATROL NO,6132 p, 3
,
CITY OF ANDOVER - APRIL 2009
COMMUNITY SERVICE OFFICER REPORT
lITEM, - I APRIL I ~ MARCH I 'YTD 2009 I ~;:8 I
Radio CaBs 132 118 442 481
Incident Reports 96 83 273 405
Accident Assists 7 10 35 44
Vehicle Lock Out 27 23 106 123
Extra Patrol 247 154 830 472
House Checks 0 1 2 36
Bus. Checks 38 18 115 182
Animal CompI. 39 44 128 185
Traffic Assist 12 12 43 59
Aids: Agency 211 190 783 647
Aids: Public 39 34 178 372
Paper Service 4 1 5 0
Inspections 1 0 1 0
Ordinance Viol. 0 0 0 1
C I T Y o F Q)
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . W ,CI.ANDOVER,MN,US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrato
Will Neumeister, Community Develo ent Director ttil-
FROM: Courtney Bednarz, City PlanneItf
SUBJECT: Consider Conditional Use PermitIU sed Vehicle Sale/3149 I 62nd Lane NW - P tanning
DATE: May 19, 2009
INTRODUCTION
The City Code requires Council approval of a conditional use permit and a city license for used
vehicle sales in the Limited Industrial Zoning District.
DISCUSSION
The applicant is obtaining a dealer's license from the state. This license requires commercial
office space. The applicant proposes to have a small office in the existing building and one
display vehicle in the existing parking lot. The applicant's letter (attached) also indicates that he
would provide brokering services for clients.
Comparison to City Code
As with all conditional use permits, the existing site must be compared with existing regulations
to determine if there are deficiencies that need to be addressed. A strict comparison of the site to
the performance standards of the City Code is provided below.
In addition, the Council has adopted interim performance standards for this area of the city to
balance required site improvements with the appearance of the existing site and proportionate to
any proposed expansion. The Council will need to apply the interim development standards to
determine the level of improvements that will be required for the site. City Code 12-13-22
Interim Performance Standards is attached for your review.
City Code 12-13-9 Off Street Parking Requirements
A total of 9 parking stalls for the proposed business are shown on the attached drawing. This
meets the requirements outlined in the table below. It is unlikely that the business, as proposed,
would need this many parking stalls.
Use Parking Stall Requirements Required
Stalls
Employee Parking: 3 stalls plus I per 400 sf beyond the fIrst 1,000 gross floor
Vehicle area 3
Sales Customer Parking: 5 stalls plus 5 stalls per acre above the fIrst acre 5
Vehicle Display Parking: (as proposed by applicant) 1
Other 1 stall per 250 sf
(Office) 13
TOTAL 22
EXISTING 35/3
Parking Area Performance Standards
Item Conforms? Notes:
Surface Yes The surface of the parking area is paved.
Curb No The parking area does not have curb and gutter as would be required for a new parking
area.
Dimensions Yes The parking stalls and drive lane meet the dimensional requirements
Setback No The existing parking lot is 5 feet from the east property line. A 10 foot setback is
required for new parking areas.
Parking areas are required to be screened from public right-of-way to a minimum height
Screening No of three feet. This applies to the portions of the parking area directly visible from Round
Lake Boulevard and 162nd lane NW.
Other No an unpaved turnaround has worn away the ground cover to the north of the parking
area. This area needs to be restored or paved as part of the parking area
City Code 12-13-6 Landscaping Requirements
City Code 12-13-6 Measurement Ratio Required Required
Trees Shrubs
Area Site Perimeter1 1,048 feet I tree/SO feet 21 52
1 shrub120 feet
Building Perimeter 288 feet 1 shrubll 0 feet NA 29
Total Required Plant Material 21 81
Total Existing Plant Material 10 28
1 Site perimeter does not include northerly area of site that is undeveloped.
City Code 3-8 Vehicle Sales Businesses
This section of the code provides additional regulations for vehicle sales businesses. It is
attached for review.
Previous Application of Interim Performance Standards
The interim performance standards have been applied to two sites in this area of the city. A
summary of each site is attached.
Staff Recommendation
The limited scope of the proposed business will have minimal impact on the site. No expansion
of the building or parking area is proposed. As a result, any improvements that are required
should also be limited. Staff recommends the areas of bare ground on the site be re-vegetated to
establish ground cover and that the exterior storage of lumber, block, brick and other
miscellaneous items be removed from the property.
Planning Commission Recommendation
The Planning Commission recommended approval of the conditional use permit subject to the
conditions of the attached resolution. The motion included a request to determine how the
parking area on the site was expanded.
2
Based on review of aerial photography, pavement for the parking area was expanded from the
north end of the building to where it exists today sometime between 2006 and 2008. There is no
record of discussion with the property owner about expansion of the parking area. The
deficiencies of the parking area include the lack of curb and gutter and the setback from the east
property line as noted in the table above.
ACTION REQUESTED
The Council is asked to approve or deny the conditional use permit, including the level of site
improvements that will be required.
Attachments
Resolution
Location Map
Site Drawing
Letter from applicant
City Code 12-13-22 Interim Performance Standards
Summary of Previous Application of Interim Performance Standards
E-mail from Resident
Planning Commission Minutes
Cc: Frank Sud 15956 Drake St NW Jim Larson 3149 162nd Lane NW
3
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR USED VEHICLE
SALES ON PROPERTY LOCATED AT 3149 I 62ND LANE NW LEGALLY DESCRIBED AS
LOT 1, BLOCK 1 HUGHS INDUSTRIAL PARK, ANOKA COUNTY MINNESOTA,
SUBJECT TO EASEMENT OF RECORD
WHEREAS, the applicant has requested approval of a conditional use permit for used vehicle
sales on the subject property, and;
WHEREAS, the Planning Commission finds the request would not have a detrimental effect
upon the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning Commission recommends to the City Council approval of the
conditional use permit request, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning Commission and approves used vehicle sales on
the subject property subject to the following:
1. The applicant shall be required to obtain approval of a vehicle sales business license from
the City Council.
2. Vehicle display parking, customer parking and employee parking shall be limited to the
number and location described in the May 19, 2009 staff report to the City Council.
3. The areas of bare ground on the subject property shall be re-vegetated to establish ground
cover and the exterior storage of lumber, block, brick and other miscellaneous items shall
be removed from the property.
Adopted by the City Council of the City of Andover on this _ th day of ,2009.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Victoria V olk, City Clerk
4
~ Conditional Use Permit
'f\NDOVE ' Used Vehicle Sales
Incorporated 3149 162nd Lane NW
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City of Andover
4/20/09
RE: Dealer License
I'm in the process of getting my Dealer License. State requires I have an office. I'm
leasing existing ,office and parking space from Jim Larson. This is a small business; I plan
to have one car for sale and broker for other clients.
Sincerely,
Frank Sud
Sud Superior Auto Sales Inc
--1--
CHAPTER 8
VEHICLE SALES BUSINESS
3-8-1: Purpose and Intent
3-8-2: Definitions
3-8-3: License Required
3-8-4: Application for License
3-8-5: Review of Application; Issuance or Denial
3-8-6: License Fees and Term; Renewals
3-8-7: Conditions of License
3-8-8: Standards
3-8-9: Violation Provisions
3-8-10: Revocation of License
3-8-1: PURPOSE AND INTENT: It is the purpose of this chapter to regulate
vehicle sales to establish reasonable and uniform regulations to prevent adverse
impacts on the health, safety, morals and general welfare of the citizens of the
city.
3-8-2: DEFINITIONS:
A. Gross Vehicle Weight Rating: The total weight of a fully equipped vehicle
and payload including the amount of weight that can be carried and towed.
B. Vehicle Sales: the sale of cars and trucks as limited by the City Code,
excluding recreational vehicles.
3-8-3: LICENSE REQUIRED: No person shall engage in the business of selling,
trading or advertising the sale of new or used vehicles within the city without first
obtaining a license as provided in this Chapter. For the purposes of this chapter,
anyone who, as a part of their livelihood, engages in the regular sale, trade or
exchange of vehicles shall be deemed to be doing business as a new or used
vehicle dealer.
3-8-4: APPLICATION FOR LICENSE:
A. Information Required: Any person, partnership or corporation desiring to
secure a license shall make application to the City Clerk including the
following:
1, Completed city application form
2, Fee as established by City Code.
-fL-
3. Completed Minnesota Vehicle Dealer License Commercial Location
Checklist
3-8-5: REVIEW OF APPLICATION; ISSUANCE OR DENIAL: The City Clerk
shall submit the application to the City Council for its consideration. The Council,
by motion, may grant or refuse to grant the license after consideration of the
application.
3-8-6: LICENSE FEES AND TERM; RENEWALS: The fee for every such
license shall be established by resolution of the City Council. Every such license
shall expire on December 31 next after it is issued.
3-8-7: CONDITIONS OF LICENSE:
A. Transferability: The license shall not be transferable from one person to
another, and a new license must be applied for each time a place of
business is changed.
B. Posting: Every such license shall be kept conspicuously posted in the
place for which the license is issued and shall be exhibited to any person
upon request.
C. Inventory: Vehicles allowed to be sold or stored on site shall be limited to
a vehicles that are eligible to be issued a title up to a gross vehicle weight
rating of 12,500 pounds.
D. Restrictions and Conditions: The Council may impose any conditions or
restrictions it deems necessary or advisable in the public interest,
including but not limited to the hours of operation, building materials,
fencing, landscaping, screening, lighting and signage.
E. Review: The Council may review the license at any time for the purpose
of adding additional conditions to mitigate adverse impacts on the health,
safety, morals and general welfare of the citizens of the city.
3-8-8: STANDARDS: The following standards are established for all businesses
engaged in the selling, trading or advertising the sale of new or used vehicles
within the city:
A. Parking areas shall conform to the requirements of City Code 12-13-9. The
Site Plan shall clearly identify parking for customers and parking for display of
vehicles for sale. Parking shall be prohibited in drive lanes, on landscaped
areas and any place other than approved on the site plan.
B. All businesses engaged in the sales, trade or advertising the sale of new or
used vehicles within the City limits shall conduct these activities only on
--f~
properties for which they have been granted a license under this chapter.
This provision shall not apply to promotional events and activities conducted
outside the city limits,
C, Vehicles that are visibly damaged shall not be visible from public streets and
shall not be stored outdoors for more than 48 hours,
D. Outdoor storage of vehicle parts or other materials, including but not limited to
tires, scrap metal, glass, pallets and refuse shall be prohibited,
E, Sales of used vehicle parts shall be prohibited.
F. The dismantling or reduction of vehicles shall be prohibited.
G. Signage shall conform to City Code 12-13-8 and shall be further restricted as
follows:
1. All signs posted on vehicles shall be inside the vehicle,
2. No sign posted on vehicles shall contain text font or other
information that is larger than three inches in height.
H. The estimated value of improvements to the licensed property shall exceed
the estimated land value of the licensed property as estimated by Anoka
County.
3-8-9: VIOLATION PROVISIONS: Any person who shall violate any portion of
this chapter shall be guilty of a misdemeanor.
3-8-10: REVOCATION OF LICENSE: Every such license may be revoked by the
Council after the license has been given reasonable notice and an opportunity to
be heard for the violation of any provision of this chapter or for the violation of
any conditions or restrictions in the motion granting the license or any motion
thereafter passed by the Council. (Amended 4-4-06, Ord. 324)
-I()"~
Summary of Previous Application of Interim Performance Standards
3118 162nd Lane NW
CUP for Outdoor Storage
Approved October 2, 2007
What was Required:
1. Painting of the exterior of the building.
2. Paving of the driveway and front parking lot.
3. Striping of the front parking lot.
4. Landscaping in the front of the building, in conformance with an approved landscaping
plan.
5. Dust control measures used in the rear storage yard.
6. Construction of a new fence to screen the rear storage yard from 162nd Lane.
7. Removal of the radio tower on the front of the building.
8. All dumpsters stored on the site shall be screened from view from adjacent properties.
9. No dumpster or material shall be stacked above the fence line.
10. A maximum of 13 dumpster shall be allowed on the site.
11. Dumpsters with material in them shall not be stored on the site longer than 3 days.
What was not Required:
1. Curb or pavement for parking area/storage yard behind the building and fence
2. Turf establishment or landscaping behind the building and fence
16191 Round Lake Boulevard
CUP for Used Vehicle Sales
Approved September 5, 2006
Note: this site preceded the interim standards but was the catalyst for their creation
What was Required:
1. Pavement and curb for new parking area
2. Storm water pond for drainage from new parking area
3. Some trees and shrubs
What was not Required:
1. Parking area dimensional standards for vehicle display area
2. Parking area screening requirements
3. Appropriate size and number of trees and shrubs
-I/~
Courtney Bednarz
From: bnd prescott@comcast.net
Sent: Saturday, May 02,2009 12:49 PM
To: Courtney Bednarz
Subject: Conditional use permit for used car dealership
We already have a used car dealership about 100 feet south of the proposed location in the notice we
received about the location for 3149 162nd Lane NW. We don't need another dealership 100 feet
away. The traffic is already heavy at certain times of the day. Adding more conjestion is impractical.
We live in the first house on the northwest corner of Round Lake Blvd and 162nd Lane NW, and we
don't need any more hassle getting on to Round Lake Blvd than already exists.
I also believe that having the dealership will negatively impact the value of my property.
We are definitely not in favor of issuing the-the Conditional Use Permit for this location.
Bill and Nance Prescott
~rL-
5'\NDbVE~ @
1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
F.AX (763) 755-8923 . WWW.CI.ANDOVER,MN,US
TO: Mayor and Councilmembers. ~
CC: Jim Dickinson, City Administrator
Will Neumeister, Community Development Director tdi-.
FROM: Courtney Bednarz, City Planmt
SUBJECT: Consider Business License/U sed Vehicle Sales/ 3149 1 62nd lane NW - P fanning
DATE: May 19,2009
INTRODUCTION
As mentioned in the conditional use permit report, the ordinance for vehicle sales requires
Council approval of a business license.
DISCUSSION
The completed application form and required materials are attached. The applicant has paid the
application fee. A motion is required to act on the business license application.
ACTION REQUESTED
The Council is asked to approve or deny the business license.
Attachments
Application
life'
ey ednarz
Cc: Frank Sud 15956 Drake St NW
Jim Larson 3149 1 62nd Lane NW
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
RENEWAL APPLICATION
Used Vehicle Sales Business License Application
Required Documents:
. Completed Application Form
. Vehicle Sales License Fee: $105.00
. Copy of State Dealers License
. Workers Compensation Form
Person Applying For License: 1vJ
-- MiddleNameS~/O
First NamertrfAlI\- ~ Last Name
Home Address I S- q S- 0 DvUt- k ( s-/ /}//.-/
;Z 1 a?, 0 Ie&? '& --- )'v/q
Home Phone h:s/~Z3; Business Phorr '2"c4Z'" t Fax
I (We) agree to operate such business in accordance with the laws of Minnesota and the ordinances
ofthe City of Andover.
Information in this application is classified as public data and will be provided to the public upon
request.
Licenses expire on December 31 st of each year. Lack of payment of annual licensing fee shall be
cause for revocation of license.
j1tW~ :;:/ S:-/~-69
SIgnature Date
~~ MINNESOTA DEPARTMENT OF PUBLIC SAFETY
:.0>"', /"~ OFFICE USE ONLY
i~'
it;; ~'^ DRIVER AND VEHICLE SERVICES
I' ~!l
\.",.) 445 Minnesota Street, Suite 186, St. Paul, MN 55101-5186 DEALER NUMBER:
PHONE: 651-296-2977
DATE RECEIVED:
~.=.-..~?
FAX: 651-297-1480
INITIALS:
EMAIL: DealerQuestion mndriveinfo,org
Minnesota Vehicle Dealer Lice e - Commercial Location Checklist
This checklist describes (check one): o Additional Location
(Attach a separate checklist for each location)
DEALERNA~lPd <Of/Vi/v' 4~/V ~#v)it 5 DEALER NUMBER
Street j /I.iq 1 b2 P/J &.wt1A./ n tu
City iJI'-J# V tv 'StatliJlt Zip~ ~ 3 vL/county
.1 ~ 0 U-~
Commercial Building Requirement: New, Used, Salvage Pool, and Auctioneer dealers must have a Commercial Building, which means
a permanent, enclosed building that is on a permanent foundation and is connected to local sewer and water facilities or otherwise
complies with local sanitation codes, is adapted to commercial use and conforms to local government zoning requirements. (Minnesota
Statutes, section 168.27 subdivision 1)
Commercial Office Space Requirement: Lessors, Wholesalers, and Brokers must have at least a Commercial Office Space, which
means a space occupying all or part ofa commercial building. (Minnesota Statutes, section 168.27 subdivision 1)
Instructions
. Check the type of dealer's license that applies
. Answer X.(True) or .E.(False) to each statement that ap lies to the license type you checked.
. Dealership owner or officer must sign on reverse sid of form
Check the license type that applies to you: 0 New Used o Salvage Pool
o Additional Locationillisplay Lot - respond to statements
2. 7, & 8 only
1. The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer
maintains
copies of the books and records at any additional locations they may have.
2. The dealer owns the above location or leases the location (minimum one-year lease required). Please attach proof
of
ownership or Verification of Property Lease - form PS2407.
3 The dealership has a separate and identifiable entrance that leads to the outdoors. (See definition of commercial
building
1 above) May include a strip mall or commercial garage building. Other entrances that lead from other areas ofthe
building must be closed and lockable. (Commercial office space within a commercial building does not meet the statutory
license requirements)
4. The public cannot access the dealership by entering through any other business or residence that is located in the
same
building as the dealership.
5. The dealership location is enclosed with floor to ceiling walls, a door that can be shut and locked to close off
the entire
entrance, and is designated for exclusive use of the dealership.
6. The dealership location has an address that is separate from any other address in the building.
7. The dealership has a display area, either indoors or outdoors, large enough to display at least 5 vehicles. This
display area
is designated for the exclusive use ofthe dealership and is distinguished from any other business' inventory.
8. The dealership has a sign outside of the commercial building, in a public area that identifies the dealership.
. The sign must be in letters that contrast sharply in color with the sign background.
{ . Ifthe sign is on a commercial building or a display area, it must be readily legible during daylight
hours from the
nearest road or street.
. If the dealer's display area is not adjacent to the dealer's commercial building, the sign at the display area
must
also indicate where the commercial buildin is located.
9. The dealership's normal business hours are conspicuously posted and readily viewable by the public.
10. Personnel or automatic telephone answering service is available during normal business hours.
11. The above location meets all local zoning requirements as indicated on the Zoning Verification - form PS2421.
12. (New Vehicle Dealers Only) The dealership has a facility for the repair and service of motor vehicles and the storage
of
parts, not more than ten miles distance from the principal place of business.
~NDbVER4i- @
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304
MAIN (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
Will Neumeister, Community Develop nt Director t4-
FROM: Courtney Bednarz, City Plann~
SUBJECT: Consider Variance/Minimum Lot Width Requirements/17285 Round Lake Blvd. NW.-
Planning
DATE: May 19,2009
INTRODUCTION
The applicant would like to divide their 9.69 acre parcel into two lots at some point in the future.
As the attached location map shows, the property is long and narrow and without access to the rear
of the lot.
DISCUSSION
Connexus Energy owns a property between the site and 173rd Lane NW as shown on the attached
location map. The applicant has reached agreement with Connexus Energy to purchase a sixty six
foot wide area ofthe utility company's property to provide access to the rear of their lot from 173rd
Lane NW. However, the applicant is not interested in purchasing this property if they cannot use it
to help create a second lot in the future.
A variance would be needed for the second lot. This is because the lot width would be 66 feet wide
and less than the typical 300 feet of lot width as measured at the 40 foot front yard building setback.
The attached site drawing illustrates the proposed 66 foot wide area compared with the typical 300
foot lot width requirement.
The applicant's property as well as the property to the south and the Connexus property to the north
have additional development potential. If the variance is approved, staff will work with the
applicant to ensure that a new home is not placed in an area that would further inhibit future
subdivision of these properties. A sketch has been prepared for this purpose. The sketch is not
intended to dictate how development will occur in the future. Its sole purpose is to help guide the
location of a new home on the second lot if the variance is approved.
Variance Review Criteria
The City Code follows State Statute in providing review criteria used to determine the merit of
vanance cases. City Code 12-14-7 states "Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of the provisions of this title, an appeal may be
made and a variance granted. A variance requires a hardship on the part of the applicant and the
burden of proving the hardship shall fall upon the applicant. "Hardship" as used in connection with
the granting of a variance means the property in question cannot be put to a reasonable use if used
under the conditions allowed by the official controls; the plight of the landowner is due to
circumstances unique to the property not created by the landowner; and the variance, if granted, will
not alter the essential character of the locality. Economic considerations alone shall not constitute a
hardship if a reasonable use for the property exists under the terms of the ordinance.
The applicant has provided the following findings to substantiate their request.
1. The subject property is 9.69 acres in size which is substantially more than the 2.5 acre
minimum lot size. Some reasonable accommodation should be made to allow use of this
land.
2. The 300 feet needed to meet the minimum lot width requirement cannot be purchased from
Connexus Energy because that distance would conflict with their existing driveway and
would also cause the lot width of the utility company property to become non-conforming.
3. The area around the site was allowed to develop in a manner that prevents interior street
access to nearly 20 acres of developable land on three adjoining properties (17247 and
17285 Round Lake Boulevard and 2980 173rd Lane).
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the variance request. The
motion included commentary about the potential future development of adjacent properties as
shown in the attached minutes.
ACTION REQUESTED
The Council is asked to review the findings and approve or deny the variance request.
Cc: Keith and Suzie Larson 17285 Round Lake Boulevard
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R
A RESOLUTION APPROVINGIDENYING A VARIANCE TO THE MINIMUM LOT WIDTH
REQUIRMENTS OF CITY CODE 12-3-5 FOR PROPERTY
LOCATED AT 17285 ROUND LAKE BOULEVARD NW LEGALLY DESCRIBED AS:
The North 1/2 ofthe North 1/2 of the North 1/2 of the North 1/2 of the Northwest 1/4 of Section 9
Township 32 Range 24, Anoka County, Minnesota, except road, subject to easements of record.
WHEREAS, the Planning Commission has reviewed the request to vary from the minimum district
requirements of City Code 12-3-5, and;
WHEREAS, after review the Planning Commission recommended approval of the request, and;
WHEREAS, the City Council has received the recommendation of the Planning Commission, and;
WHEREAS, the City Council finds that the following conditions constitute an undue hardship for
the subject property:
1. The subject property is 9.69 acres in size which is substantially more than the 2.5 acre
minimum lot size. Some reasonable accommodation should be made to allow use of this
land.
2. The 300 feet needed to meet the minimum lot width requirement cannot be purchased from
Connexus Energy because that distance would conflict with their existing driveway and
would also cause the lot width of their property to become non-conforming.
3. The area around the site was allowed to develop in a manner that prevents interior street
access to nearly 20 acres of developable land on three adjoining properties.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves/denies the proposed variance request to the minimum lot width requirement of City Code
12-3-5 to allow a lot to be created with 66 feet of lot width.
Adopted by the City Council of the City of Andover on this _th day of , 2009.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Michelle Hartner, Deputy City Clerk
~NDbVE~ Variance
Incorporated Minimum Lot Width
1974 17285 Round Lake Boulevard
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II Location Map
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5l\NDbVE~ @
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrato
Will Neumeister, Community Deve
FROM: Courtney Bednarz, City Plannei:
SUBJECT: Consider Revised Planned Unit Development! Andover Clocktower Commons/NE
Corner of Hanson and Crosstown Blvds NW-Planning
DATE: May 19,2009
INTRODUCTION
BDT Holdings, the current owner of Andover Clocktower Commons, is seeking direct access to
Crosstown Boulevard NW. This item follows from the sketch plan reviewed by the Council at
the February 17th meeting.
DISCUSSION
The applicant initially requested a full movement access through the sketch plan process. The
Planning Commission recommended a right-in / right-out access only. The Council appeared in
favor of a % intersection. The Council also discussed the speed limit along Crosstown
Boulevard, the potential for development of the Holasek property to the south and staging
roadway improvements over time.
Current Proposal
The attached plan set illustrates the applicant's proposed % intersection. It includes a new access
to Crosstown Boulevard with a raised median that divides the entrance and exit lanes. Striping is
shown on Crosstown Boulevard to define an eastbound left turn lane and bypass lane.
Traffic Study
The traffic study prepared by the applicant and staff review comments are enclosed in the packet
to provide additional background information.
Staff Review of Proposed Plan
The city has jurisdiction over access to Crosstown Boulevard. If the city chooses to allow access
it needs to ensure that appropriate improvements are made to protect public safety. The
Engineering Department reviewed the proposed plan and provided the attached comments.
Briefly, the significant deficiencies for a % intersection design that were identified are as follows:
1. A westbound right turn lane/deceleration lane is needed for the approach to the proposed
entrance.
2. A concrete median is needed within Crosstown Boulevard to protect vehicles as they
make the various turning movements and to prevent turning movements that are not
designed.
3. The median that divides the proposed entrance and exit lanes at the needs to be extended
to prevent left turns out of the proposed access.
4. Additionally, there are several items that will need to be addressed after the level of
improvements has been determined. These include redesign of the trail across the
proposed access, drainage and storm water mitigation.
Staff met with the applicant to discuss the proposed design and the review comments. The
applicant indicated that they would work with the city to address many of the comments but
would not revise the plan to address the major design items listed above.
Staff Recommendation
The attached Engineering memorandum. provides a detailed description of the improvements
necessary to create a safe % intersection at the proposed location.
Planning Commission Recommendation
The Planning Commission recommended that a % intersection be allowed provided that the
roadway improvements recommended by staff are required.
ACTION REQUESTED
The Council is asked to determine whether access to Crosstown Boulevard will be allowed and,
if so, what level of site improvements will be required.
Attachments
Resolution
Location Map
Applicant's Letter
Applicant's Access Plan
Engineering Department Memorandum
Council Minutes
Planning Commission Minutes
Traffic Study (Separate Enclosure)
Cc: Tom Roberts BDT Land, LLC 6484 Pinnacle Drive Eden Prairie, MN 55346
Darren Lazan Landform 105 South 5th Avenue, Suite 513 Minneapolis, MN 55401
2
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO
A RESOLUTION AMENDING THE APPROVED PLANNED UNIT
DEVELOPMENT OF ANDOVER CLOCKTOWER COMMONS TO ALLOW
AN ACCESS TO CROSSTOWN BOULEVARD NW
WHEREAS, BDT Land, LLC has requested approval of an amendment to the approved
planned unit development to allow direct access to Crosstown Boulevard NW; and
WHEREAS, City Code 13-3-10 requires a public hearing to review changes to the
approved development and design; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission
has conducted a public hearing on said amendment; and
WHEREAS, as a result of such public hearing, the Planning Commission recommended
to the City Council that a % intersection be allowed provided that the roadway improvements
described in the Engineering Memorandum dated April 30, 2009 be required; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
has received the recommendation of the Planning Commission and hereby approves the proposed
amendment subject to the following conditions:
1. Design and construction of the intersection shall conform to the recommendations of the
Engineering Department memorandum dated April 30, 2009.
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
3
~NDbVE~ Revised Planned Unit Development
Incorporated Additional Street Access
1974 Andover Clocktower Commons
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.. Location Map
Subject Property w~,
-~ s
. .
. Cil
L A N D
F 0 R M
. .
From Site to Finish
f) .
800e Butler Square Tel; 612-252-9070
100 North Sixth Street Fax: 612-252-9077
, April 22, 20.0.9 Minneapolis, MN 35403 Web: landform.net
Courtney Bednarz
City of Andover
1.685 Crosstown. Boulevard N.W.
Andover, Minnesota 5530.4
RE: Andover Clocktower Commons
Dear Mr. Bednarz,
\.
BOT Land, LLC, the applican~and owner of Lots 3 and 4, Block 1, Aridover Clocktowe,r Commons,
respectfully requests approval of the commercial site plan. to allow a modification to the approved
. . f . , -
.development plans to allow an additional access to be constructed on-Crosstown Boulevard roughly
70.0. feet east of the centerline of Hanson Boulevard.
-
The landowner submitted a request fora sketch plan review for consideration of access changes on
Crosstown Boulevard in ,order to preserve the existing businesses and in hopes of contributing new Jr
-- s.ervices to the community. The City Council reviewed that sketch plan and supporting materials at
theirFebru~ry 17, 20.0.9 meeting.
.In preparation for tha~ meeting, the landowner prepared a traffic study to examine the impact of a full
intersection in this location. While the ultimate,condition of the street is unknown, -the proposed new
access woul<:l be approximately 70.0. feet from the centerline of Hanson Boulevard and approximately
380. feet from the centerline of Bluebird. A full access at this location would operate at a Level of
Se.rvice (LQS) A today. A full acCess would relieve the Bluebird/Crosstown intersection. Sightline,
stopping -distances and speed limits would meet or exceed the standards at the current City Hall '
, .. \ I . ,
acc~ss. --
Wecontinue'to believe that the full access provides numerous benefits including:
. Allow di(ect access to lots 3 and 4
. Allow more immediate access to H~nson
. Relieves traffic at the Bluebird and Crosstown intersection
. Providing a t~mporary solution that lays the groundwork for the future improvements
,,- needed when the Holasek propert~ to the south develops.
J
However, the City Council reviewed the sketch plan request fora full intersection and directed the
landowner to prepare a plan for a % intersection. - Our attached plans show the % intersection with
- striped turn Janes_on Crosstown Boulevard and a "pork chop" on the subject property as'directed by the
City Council on February 17,20.0.9. We. request approval of the % intersection improvement as shown
or, alternatively, approval of the full intersection' as originally proposed.
If the request is approve,d we would anticipate construction in summer of 20.0.9.
\-
As this is a minor amendment to previously approved plans and was anticipated during the original
design of the development, we are not including the original hydrology report or soil borings, but..they
can be prbvided if requested.
LandformSM, SensiblyGre€nsM and Site to FinishsM are service marks of Landform Engineering Company.
~.s-~
. @
. It
.. .
0
.
We request that this commercial site plan be considerec;l at the May 12th Planning Commission meeting
and the June 2nd City. Council meeting. ' .
- If you have any questions, please call me at 612.638.0225 oremail me at klindahl@landform,net.
-
.
~
COPY: . Tom Roberts, BDT Land, LLC
,
-'
"-
, /
\
/
-
(
Courtney Bednarz 2
April 22, 2009
~~ r
9\NDbVlt~
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US
MEMORANDUM
TO: Courtney Bednarz, City Planner
FROM: Jason J. Law, Assistant City Engineer J~.:i--i:;bE>
David D. Berkowitz, Director of Public arks/City Engineer
DATE: April 30, 2009
REFERENCE: Andover Clocktower Commons/Commercial Site Plan/Revised Access/Review #1
The followino comments are in reqard to the submitted plans:
1. Need to contact the Coon Creek Watershed District, MPCA and any other agency to determine if a permit
is required. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the City
before construction begins,
2, All sheets where appropriate. All existing utilities within 100 feet of the proposed site are required to be
shown including sanitary sewer, manholes, water mains, hydrants, storm sewer, gas, telephone, electric,
cable tv, etc, Please verify that the required information is there and they are all labeled properly.
Otherwise make a note in legend that none exist within 100 feet of the site.
3. Verify that the design for vehicle traffic (including fire trucks, delivery trucks and garbage trucks) can
navigate through the site, This can be submitted on an 11 xi? sheet, which identifies the turning
movements for the largest truck that would enter the site.
4. Sheet C2.1. A westbound right turn lane into the site must be provided.
5. Sheet C2.1, All thru lane tapers must be 50: 1 (speed: 1). Turn lane tapers may be reduced down to 5: 1,
but only if that reduction from the standard 15: 1 tapers results in improved geometrics (ie stacking, thru
lane tapers, etc). All tapers must be labeled on the plans.
6. Sheet C2.1. The concrete "pork chop" median must be extended further west and north to prohibit
eastbound turning movements.
7. Sheet C2.1. Concrete medians shalf be constructed in Crosstown Boulevard to prohibit south to
eastbound turning movements and to provide safety for turn lane traffic.
8, Sheet C2.1, Add 18" wide stop bar on exit.
9. Sheet C2,1. Need to add median delineator signs on the pork chop for snow plows.
10. Sheet C2.1. Need to add appropriate lane use (turn lane signs) on both directions on Crosstown
Boulevard. Signs and spacing should be consistent with the MMUTCD Manual.
11. Sheet C2.1. Need to construct concrete curb and gutter on the entrance. This would not be considered
a temporary entrance.
12. Sheet C2.1. Need to call out concrete curb and gutter as B612 in the porkchop median. Curb and gutter
in Crosstown Boulevard median should match existing curb type. Potential curb along the turn lane
should be B418.
13. Sheet C2.1, Need to show intersection with Bluebird Street. The thru lane taper will be extended
through this intersection. This intersection needs to be shown and further reviewed by City staff on the
next submittal. Label Bluebird Street.
14. Sheet C2.1. Need to label all radii.
H:\Engineering\Commercial Site Plans\Open Commercial Site Plans\Andover Clocktower Commons\Courtney,doc
-1-
15, Sheet C3,1. Need to include typical sections for trail (City Detail 713A) and for Crosstown Boulevard,
The pavement sections for the trail shall be 2,5" of bituminous over 4" of Class 5 aggregate base, For
Crosstown Boulevard, the pavement section is 2" wear course, 2" base course, 6" of Class 5 aggregate
base.
16. Sheet C3,1. Drainage needs to be analyzed in detail. With the right turn lane, drainage will flow from
the boulevard onto the roadway. Curb and gutter will need to be installed if a ditch cannot be
constructed. This curb and gutter shall wrap around and tie into Bluebird Street. Storm sewer will be
needed to handle the runoff, As this is a State Aid route, spread calculations will need to be completed
to design the storm sewer spacing.
17. Sheet C3.1, I n-slopes from the roadway must be 6: 1 or flatter,
18, All sheets. Add signature block and sign final plans.
19, Refer to plan sheets for additional comments.
Note: It is a requirement that the developer respond to each of these items in writing when submitting the
revised commercial site plan to the City.
If you have any questions, feel free to contact Jason Law, Assistant City Engineer at (763) 767-5130 or
David Berkowitz, Director of Public Works/City Engineer at (763) 767-5133.
H:\Engineering\Commercial Site Plans\Open Commercial Site Plans\Andover Clocktower Commons\Courtney,doc
-!-
Regular Andover City Council Meeting
Minutes - February 17, 2009
Page 5
DISCUS SKETCH PLAN REVISIONS TO PUD FOR CLOCKTOWER COMMONS
Community Development Director Neumeister stated BDT Holdings, the CUlTent owner of Andover
Clocktower Commons, is seeking direct access to Crosstown Boulevard NW.
Mr. Berkowitz reviewed the information with the Council.
Councilmember Trude stated there is discussion about the traffic report and she wondered if the full
access would look like the access at the school and Sunshine Park. Mr. Berkowitz stated it would be
but a little bit at a skew. He stated another point is the site lines and the way you maneuver through
the intersection is more difficult. Councilmember Trude thought that would be a good reason to try
to get an advisory speed change because of the school crossing and other obstacles or else try to
straighten it up but they did not own the property.
Mr. Berkowitz reviewed with the Council the different speed zones in the area. He stated the curve
signs through the intersection of Crosstown Boulevard and Hanson Boulevard have advisory signs
below them of 40mph. This is not the posted speed. He also reviewed the different possible
intersections with the Council.
Councilmember Trude asked if they were granted an access would the trail need to be altered. Mr.
Berkowitz stated any access constructed would require trail improvements.
Councilmember Jacobson stated whatever they decide to do will involve three different areas that
will be affected. He stated it is not as simple as a right-in/right-out. He thought the owners prefelTed
to have a left lane in if possible. He stated if they plan this correctly now, it will save them from
problems in the future.
The Council discussed how the traffic would affect the current intersections at Bluebird
Street/Crosstown Boulevard and HansonBoulevard/Crosstown Boulevard. Mr. Berkowitz stated the
lowest cost for the developer would be a full access but with all the safety issues he would not
recommend that. The second least costly would be a right- inlright -out and would be safer to do with
the way the road is constructed.
Councilmember Bukkila stated she would have a problem with the three quarter turn if there is not
an adequate distance for people to make the transition from a 50mph zone to make that turn lane..
Mr. Brian Fesik, TKDA, reviewed with the Council the different conflict points for the intersection.
Mr. Tom Roberts, BDT Holdings and DalTen Lazan, Landform, explained that by putting a curb cut
in they could ultimately lower the speed limit in this area. They thought the most important
movement to improve the traffic flow is a left turn in and then a right-out, right-in and then a left-out.
He agreed the cheapest for them is full access. He stated they would not mind a three quarter if they
could use paint instead of a pork chop. They would like to see from a cost standpoint that when Mr.
Holasek's property gets developed there will be a study done and the road will be rebuilt. He stated
. --1-
Regular Andover City Council Meeting
Minutes - February 17: 2009
Page 6
it not economical for them today to do part of the intersection and then redo it again in a few years.
Mr. Roberts reviewed the different possibilities with the Council.
Mr. Lazan stated these stores are retail driven and need to have an easier access to the shops in order
to survive. Councilmember Knight wondered if a four way stop would make a difference. Mr.
Berkowitz stated it would be very dangerous because the potential oftraffic backing up to Hanson
Boulevard. The roadway is designed to move traffic and a four way stop would make it difficult.
Councilmember Bukkila thought the developer was asking the Council to sacrifice safety to same
them money. Mr. Lazan stated there is always a risk of safety at every intersection and the road is
downgraded so he. felt the intersection could be warranted. He stated they build tremendous amounts
of road to only rebuild them a few years later so they know Mr. Holasek's property is a game changer
and they do not want to spend a lot of money today to see it tom up a couple of years from now.
They are not opposed to the pork chop but is very expensive to do.
Councilmember Jacobson asked if they are looking at a cost sharing proposal. Mr. Roberts stated
they will pay for the improvements now but when the other properties are developed he requested
they pay their portion. He wondered if a round-about would be a good solution to the problem. He
thought the City will need to make a decision when the time comes to improve the property in the
area.
Councilmember Trude wondered if staff had a solution for staging the project for complete build out
over time since she would like to see as much access as they can get. Mr. Dickinson stated some of
the issues are not easy to structure for this since they do not know what will happen in the future.
The Council discussed the ramifications of allowing improvements and made suggestions to what the
City would like the developer to do.
Councilmember Jacobson stated he could be convinced that a pork chop might be appropriate but
what kind is the question. He stated another concern would be when the land across Crosstown
develops he would want something that would have minimal tear out for access to that development
also.
Mayor Gamache thought they have discussed all the different options and he still thought the access
should be at Bluebird Street with turn lanes and a possibility of a traffic signal there. He thought
they needed to find a way to improve the access at Bluebird Street.
Councilmember Trude stated there is no place on Crosstown Boulevard where there is a barrier for
turn areas. She stated they have not done that a lot on a road like Crosstown Boulevard.
Mr. Dickinson summarized the direction of the Council. The Council wanted a safe intersection; the
preferred is a three quarter intersection but would allow a right-in/right-out. Some direction is to see
if it is possible to stage the development over time.
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Andover Clocktower Commons Traffic Study
Attachments:
1. Introduction Letter
2. Traffic Study
3. Staff Review #1
4. Revised Traffic Study
5. Staff Review #2
". ..'
. Stcn(,',~
P'ROPERTIES, INC.
Mr. James Diclqnson
City Administrator,"
City of Andover
;
Re: Andover Clocktower Commons --.:. Drive access
,
, Mr. DickinsonJ
" ,
, "
,
i "
. . I" ,
Attached 'please find p. waftic study an4 concept design information in support of
'ou~",request,to c~~str,U:ct"~"~cte$s;to Cros~to...vn Boule~aid,f~orri the ,abo:re '
project. ' " ' : ' ' '
" "
, '" ' ' ': Histo~yi':' ,', ' ,', ' , : , ' " " ,
, ,- " , ", . hi the fall of 2003 the applica:t).t'submitted;;md received ,approval for PUD and
, " ..,' , Final Site,pian,Approv;~ fo! :the l3 ~cre par~~' a~ ~e Nor~~i:lst quadrant qf. "
,Hanson an~ Crosstown B~u1evards~ As pJH of. this ,apptdval we sought an
'- access to"Cro~stown Bqulevard to be located app~~ximat~y ~dway.befw:een
'Hanson and Bluebird. ' ' , ' , .. ,
, '
, ' ..
. .. . . .
.1' 'At that tu;neJ Cro~stownJ c.R. 18, '~as und~t ~e.juris4iGtio~"of Anoka County~ '
. " :' whq' applied certiun spacing' ~equirement~,basedon ~e fa~t that this was a B- -
" , " Minor Atterial.and '~ccordingly ~o,u1~ nof consider the I;equ~st for '!Ill acces$. '
, ' ,,?ince that ii~eJ C~osstbwn B~ul~var4 a~Jacent to this site ha~ be~n. turned bq.~ " ,
to the City ~f Ando",:er' andreclaf)sifi~d!Is ~ Collector',in the CitYs co~pre~e~sivy', ','
E!,an. This change,' by definition, :r:e~ogllizes an uequal.importance" of local ',',
access and tlu:u traffic, as opposed to the Co~ty' s' previous classificati~n that :
,provided a heavier en1phasIs:onmQvi;ng cars through,the city.:, ..
At-the time \Jf our PUD ~~ ESP appr,ova1sls~ noted ~1 commeJ:.lts' and durmg ,
tb,e :hearings' that the CoUnty .would,not allo~ the access w~ were's.eeking; At ':,'
that time we ad(novv:ledg~d- staff's cortcemJ bute~phasized that we'want~d the',
City's ap:pri:rValregardless,so we could work with the county in thefuture., We.
, ' 'acknowledged on the'i;'ecord that we were not seeking the ,COlli'l.ty'S 'appr6val,at
trstonevj.ood@co111cast.net .
Office
(952)934-1423
6484 Pinnacle Dr, . '. Fax
(952) 934-4697'
Eden Prflirie, MN 55.;\46-1903 Cell '
(612) 790-2766
H .._.
that tU1.Le, but nonetheless wanted this approval as pa.rt of Hle P"LJD. The
approved plans, and the built condition, reflect this outcmneo
As we look at the Crosstown corridor from Hanson to Yellowpine we realize it to
be a vital part or the success or not only our project but the commercial paTcel in
the Southeast quadrant as well. Since the modifications to Hanson over the last
few years, virtually all access to these key commercial corners has been
eliminated, leaving the predo:mID&""lt means of access to local streets (Crosstown,
Bluebird, and 150th Lane). If we analyze the potential buildout of over 25 acres of
commercial uses on that corner, we see that almost all the traffic will be routed
through the Crosstown and Bluebird intersection, and all of the SE quadrant
traffic through and past existing residential homes.
As we anticipated in 2003, and proposed originally, the most logical resolution
would be to consider aligned access points midway along the stretch of
Crosstown between Hanson and Bluebird. This would significantly relieve the
Crosstown/Bluebird intersection, and provide all commercial traffic a means of
ingress/egress other than through residential streets. Our current traffic study
shows that initially the traffic loads would allow a full access to operate at a
Level of Service B or better, but ultimately as traffic increases on Crosstown the
City may consider reducing these access points to right-in/right-out only with
additional improvements noted on attached concepts.
This attached traffic Shldy addresses this LOS configuration, those of the
surrounding intersections, as well as safety concerns specifically related to the
sightline/stoppmg distance concerns raised at previous meetings. The location of
this proposed drive was designed in consideration of this concern. The proposed
location provides adequate stopping distances from both. the Bluebird/Crosstown
intersection... and the commencement of the 40 MPH caution zone associated with
the b~nd in the road just East of Hanson. The attached exhibit illustrates this
configuration at the current 50MPH design speed, the condition improves
dramatically as we look at 40-45MPH, potential outcomes of the current speed
study.
.
Accordingly, we respectfully request staff approve tlle proposed access with. the
followll1.g considerations:
L That the full access point be approved and conshuded by the applicant in
the location shown on approved plans.
2. That the applicant will participate in an Crosstown area srudy when the
traffic warrants improvement.
We appreciate you attention to this matter and look forward to your response
and approval.
Sincerely,
BDT Holdings, LLC
~~
Tom Roberts
.. .--.---
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To: Tom Roberts, BDT Holdings
From: Mike Spack, P.E.
Date: 1/24/2008
Re: Clocktower Commons Access Traffic Analysis - Andover, MN
Per your request, this memorandum analyzes the traffic operation of the proposed
access on Crosstown Boulevard for Clocktower Commons. The proposed full
movement access would create a
new tee intersection located
approximately 400 feet west of
Bluebird street, as shown in Figure
1. Clocktower Commons is
currently served by two full
movement driveways on Bluebird
Street oil the north side of the site.
The proposed access was denied
by Anoka County when the first
Fig. 1 - Site Map phase of Clocktower Commons
was developed because it did not
meet the County's access spacing guidelines. Since then, Anoka County has turned
back Crosstown Boulevard to the City of Andover and the City is willing to consider
the applicant's request for the proposed access.
The purpose of this memorandum is to (1) determine the traffic operations of the
proposed intersection with the current occupancy of Clocktower Commons, (2)
determine the traffic operations of the proposed intersection with full occupancy of
Clocktower Commons, and (3) recommend an intersection configuration that will
provide safe and efficient traffic operations per traffic engineering standards.
Existinf.l Conditions
The weekday, evening peak hour is the most intense period for traffic at
commercial/retail centers like Clocktower Commons. Manual turning movement
counts were conducted at the site's two driveway intersections on Bluebird Street
and at the intersection of Crosstown Boulevard & Bluebird Street from 4:30 to 7:00
p.m. on January 17, 2008. The p.m. peak hour turning movement volume data is
shown in Figure 2. The through volumes at the proposed intersection on Crosstown
Boulevard were calculated based on the traffic volumes entering and exiting the
Crosstown Boulevard/Bluebird Street intersection.
. ~ -~~ ...:..~
Ililtl11liilllLlllliiltrfiPJlliiiliililfil.
..-..
Clocktower Commons Access Study 2of5 Tom Roberts, BOT Holdings
/
/
Blueblrrl St ~I'-~ ::'4 ^'- /
j 1.- VjJ J ~J CV
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North
Fig. 2 - Existing P.M. Peak Hour Volumes
An intersection capacity analysis was conducted for the intersections in Figure 2 per
the Highway Capacity Manual. Each intersection has a one lane, full movement
approach with the side streets being stop sign controlled. The overall intersection as
well as each intersection approach is assigned a "Level of Service" letter grade for
the peak hour of traffic based on the number of lanes at the intersection, traffic
volumes, and traffic control. Level of Service A (LOS A)" represents light traffic flow
(free flow conditions) while Level of Service F (LOS F) represents heavy traffic flow
(over capacity conditions). LOS D is considered acceptable for the overall
intersection in urban conditions. LOS F is considered acceptable for individual
approaches controlled by stop signs as long as there is not significant stacking. All of
the intersections currently operate acceptably at LOS A in the p.m. peak hour with
each movement operating at LOS C or better.
The three study intersections will operate better if the proposed intersection is built
because their traffic volumes will go down. The rest of the analysis in this
memorandum focuses on the proposed intersection on Crosstown Boulevard.
Proposed Intersection Operation with Current Occupancy
The site is currently occupied by a McDona.ld's fast food restaurant, gas station, and
retail strip center. These uses are oriented to the northern portion of the site near the
existing access points from Bluebird Street. The Hanson Boulevard/Bluebird Street
intersection on the northwestern corner of the site is currently a % movement
intersection (no left turns are allowed from Bluebird Street to Hanson Boulevard and
no through movements are allowed back and forth along Bluebird Street). Adding
the proposed access on Crosstown Boulevard is not anticipated to alter the traffic
patterns going to/from the Hanson Boulevard/Bluebird Street intersection. It will alter
the C!ocktower Commons traffic pattern going through the Crosstown
Bou!evard/Bluebird Street intersection on the northeastern corner of the site and the
.. .~.
Cfocktovver Commons Access study 30t5 Tom Roberfs, BDT Ho/dings
Hanson Boulevard/Crosstown Boulevard intersection on the southwestern corner of
the site. Based on the existing traffic patterns and the area population centers, it is
anticipated:
(< 90% of the Clocktower Commons traffic going to/from the west and south at
the Hanson Boulevard/Crosstown Boulevard intersection would use the
proposed intersection versus the Crosstown Boulevard/Bluebird street
intersection. The proposed intersection will provide a mme direct route to all
of the uses in the site compared with using the Crosstown Boulevard/Bluebird
Street intersection. It is possible only 70% to 80% will be rerouted to the
proposed intersection, but using 90% is a conservative estimate used to look
at the impacts of routing most of the traffic through the proposed intersection.
s 20% afthe C!ocktower Commons traffic going to/from the northeast at the
Crosstown Boulevard/Bluebird Street intersection would use the proposed
intersection versus the Crosstown Boulevard/Bluebird Street intersection.
Shifting the existing Clocktower Commons traffic patterns from Figure 2 based on the
above percentages results in the p.m. peak hour traffic volumes at the proposed
intersection shown in Figure 3.
.0
"
~-<l
"
t
North
Fig. 3 - P.M. Peak Hour Volumes at Proposed
Intersection with Existing Occupancy
An intersection capacity analysis was conducted for the intersection volumes in
Figure 3"perthe Highway Capacity Ma.nua/. It is assumed each approach to the
intersection will be one full movement lane with the driveway being stop sign
controlled and Crosstown Boulevard remaining free flow. The proposed intersection
would operate acceptably at LOS A in the p.m. peak hour with each movement
operating at LOS B or better. Based on the Highway Capacity Manua.l methodology,
the 95th percentile queue (the maximum queue happening over 95% of the peak
hour, a common design parameter) is anticipated to be one vehicle at each
approach. The proposed driveway will operate acceptably with the current
Clocktower Commons traffic. No turn lanes are necessary to accommodate the
traffic.
.-... . ........
...--.-
Clocktower Commons Access Study 4of5 Tom Roberts, BDT Holdings
PmjQoseQ [nten,ectuan Opera'~lon \!J'frth Fu[i OcCur;H3XtCY
Approximately 10,000 square feet ofthe existing 24,000 square foot strip center is
vacant. 1n addition there are plans to build an additional 10,000 square feet of office
and 12,000 square feet of sit down restaurants on the site. A trip generation analysis
was performed for the additional uses anticipated in Clocktower COlllmons based on
the methods and rates published in the fTE Trip Generation Manual, ih Edition.. The
results are shown in Table 1.
Tab!e i-Traffic Generated b.
~lfl~:iIJ~~
750
820
932
The traffic generated during the p.m. peak hour by the additional uses was added to
the proposed intersection per the distribution pattern used to develop the turning
movement volumes shown in Figure 3. This traffic was added to the traffic shown in
Figure 3 to develop the build-out traffic forecasts shown for the proposed intersection
in Figure 4.
.6
"
~,
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North
Fig. 4 - P.M. Peak Hour Volumes at Proposed
Intersection with Build-Out Occupancy
An intersection capacity analysis was conducted for the intersection volumes in
Figure 4 per the Highway Capacity Manual. It is assumed each approach to the
intersection will be one full movement lane with the driveway being stop sign
controlled and Crosstown Boulevard remaining free flow. The proposed intersection
would operate acceptably at LOS A in the p.m. peak hour with each movement
operating at LOS B or better. Based on the Highway Capacity Manual methodology,
the 95ih percentile queue (the maximum queue happening over 95% of the peak
hour, a common design parameter) is anticipated to be two vehicles on the
southbound approach and one vehicle at each Crosstown Boulevard approach. The
proposed driveway will operate acceptably with the build-out Clocktower Commons
traffic. No turn lanes are necessary to accommodate the traffic.
....... .... ." ... -... .-- - .._-" - . ~...
.,
C/ocf<tower Commons Access Study 5ot5 Tom Robeds, BOT Ho/dings
Safetv
The 50 mph speed Iinlit couid pose a safety problern for the northeast bound traffic
on Crosstown Boulevard if motorists need to stop abruptly behind vehicles waiting to
turn left illto the proposed driveway. The fVlnDOT commissioner has the statutory
authority to set speed limits in Minnesota. The City has requested rv1nDOT study
Crosstown Boulevard to determine if the speed limit should be lowered on Crosstown
Boulevard near the site. Lower traveling speeds mean motorists would have more
reaction time to brake for a stopped vehicle waiting to turn left into the site.
If the speed limit remains 50 mph, there is a higher probability for rear end crashes at
the proposed intersection. A safety problem is not anticipated because the stacking
is expected to be minimal at the proposed intersection with the current site
occupancy. However, if a safety problem does arise because more vehicle stacking
occurs with increased traffic levels, a left turn lane may need to be built to separate
the left turning traffic from the through traffic or the intersection may need to be
converted to a right-in/right-out
The southwest bound right turning traffic into the site will turn unimpeded into the
site. No vehicle stacking is anticipated for this movement, so no safety issues are
anticipated. A right turn lane is not needed to separate the turning traffic from the
through traffic.
The terrain at the proposed intersection is level. MnDOT's Road Design Manual
recommends clear sight lines be provided for at least 425 feet in order to provide
adequate stopping sight distance on level terrain for a 50 mph mainline speed limit
It appears more than 425 feet of clear sight distance is provided in each mainline
direction at the proposed intersection. This should be confirmed when the
intersection is designed.
Conclusions
The proposed driveway intersection on Crosstown Boulevard will operate acceptably
at Level of Service A with each approach to the intersection operating at Level of
Service B or better. These levels of Service will be provided at current occupancy
levels and at build-out of Ciocktower Commons. The City should monitor the traffic
volumes and the crashes at the intersection in the future. If traffic volumes rise to the
levels where one of the movements operates at Level of Service E or safety
concerns arise, two alternate mitigation options are:
. build a left turn lane to separate the left turning traffic from the northeast
bound. through traffic.
. convert the intersection to a right-in/right-out by placing a median on
Crosstown Boulevard.
The proposed driveway intersection is anticipated to operate acceptably if built. The
driveway approach should be controlled with a stop sign and Crosstown Boulevard
should remain uncontrolled. Each approach to the intersection should be one shared
lane, no exclusive turn lanes are initially needed. The design of the proposed
intersection should confirm appropriate sight lines are provided per MnDOT's Road
Design Manual.
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c.l c__~'~--=._) LJ_: Saint Paul, MN 55101-2140
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Er~GINEERS 0 ARCHITECTS 0 PLAI~r\JERS (651) 292-4400
(651) 292-0083 Fax
VJvJw.tkda.colll
IVlElYiO RAND UM
To: Dave Berkowitz Reference: City of Andover Project #08-20
Copies To: Clocktower Commons
Traffic Study Review
From: Bryant Ficek Proj. NOl.: 14066.000
Date: March 4, 2008 Routing:
Pursuant to your request, we have reviewed the Clocktower Commons traffic study discussing a proposed
access onto Crosstown Boulevard. Our review detelmined four items that need further examination before
reaching a conclusion on the proposed access:
,. Examine an additional peak period
,. Include the intersection of Crosstown Boulevard and Hanson Boulevard
,. Include background growth in the review of future traffic
,. Provide a "No Build" analysis of the study intersections in the future without the proposed access
Each of these points is discussed separately below.
The traffic study examines the weekday p.m. peak hour of the area, which is described as the most intense
period of traffic. While agreeing with this statement, other peak periods would also provide value in this
analysis. The a.m. peak hour would be expected to have traffic flow opposite of the p.m. peak hour with
most traveling southwest on Crosstown Boulevard. A peak hour around noon would be expected to have
balanced traffic on Crosstown Boulevard. The existing site has development that would show entering and
exiting traffic during the a.m. or noon peak periods. Future development on the site, especially the potential
office building, would also increase the traffic to and from the site during either peak period.
The overall traffic volumes during the a.m. or noon peak hour would be expected to be lower in comparison
to the p.m. peak hour. However, the traffic patterns would also be different. By examining the study
intersections under at least one different traffic pattern, the analysis would show whether the proposed access
would provide satisfactory traffic operations for various times of an average weekday.
The proposed access to Crosstown Boulevard would be located approximately 630 feet from the signalized
intei'section of Crosstown Boulevard with Hanson Boulevard. This signalized intersection has an effect on
traffic operations through the queue of southwest vehicles waiting at a red light or the platoon of northeast
vehicles traveling through on a green light. Thus, existing and future traffic operations at the unsignalized
intersections of Crosstown Boulevard with Bluebird Street and with the proposed access will be influenced
by this existing signal. Given this, the signalized intersection should be included in the analysis. Its inclusion
will provide a more realistic assessment of traffic operations through the study area.
An Employee Owned Company Promoting Affirmative Action and Equal Oppoltunity
City of Andover Project #08-20 Page 2 March 4, 2008
Clocktower Commons
Traffic Study Review
The review of future operations included only new traffic from full occupancy of the study site. Through
traffic on Crosstown Boulevard is also expected to increase due to regional development, which will affect
traffic operations at all intersections. The study would benefit from examining future traffic volumes with
five years of background growth. Looking at the study intersections in this short term manner would help
decide the potential configuration of the proposed access, if found to be justified.
The traffic study examines the proposed access intersection with full occupancy of the Clocktower
Commons site. However, the study did not examine future volumes without the proposed access. Having a
No Build scenario would help determine if the existing access could handle the increased traffic if the site is
fully developed without the proposed access. If the existing access shows poor results without the proposed
access, then that lends further justification to providing another access. Similarly, if satisfactory results are
found without the proposed access, the need for another access becomes more questionable.
Based upon this review and the determined areas of fmiher study needed, a technical conclusion on the
proposed access cannot be reached at this time. Please contact me at (651) 726-7944 or
bryant.ficek@tkda.com if you have questions or comments regarding this information.
4. Revised Traffic Study
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~VI~elfll~J}ral~l()J ~J~m
To: Tom Roberts, BDT Holdings
From: Mike Spack, P.E.
Date: 4/1/2008
Re: Second C!ocldower Commons Access Traffic Analysis - Andover, MN
We prepared a memorandum dated January 24, 2008 that analyzed the traffic
operation of the proposed Clocktower Commons driveway onto Crosstown
Boulevard. Per your request, this memorandum provides additional traffic analyses
to address the city engineer's concerns.. Based on a discussion I had with him, the
additional analyses consist of:
. Providing an a.m. peak hour traffic analysis to supplement the p.m. peak hour
analysis supplied in the January 24th memorandum.
. Providing traffic analyses of the Hanson Boulevard/Crosstown Boulevard
intersection.
. Providing 2030 traffic analyses with and without the proposed driveway.
Existin{:1 Conditions
Figure 1 shows the study intersections with their lane configurations and traffic
control. The p.m. peak hour turning movement volume data for the study
intersections is shown in Figure 2. Per the city engineer's guidance the p.m. peak
hour traffic volumes were reversed to approximate the a.m. peak hour turning
movement volume data. The a.m. peak hour turning movement volume data is
shown in Figure 3.
An intersection capacity analysis was conducted for the study intersections in Figure
1 per the Highway Capacity Manual. The overall intersection as well as each
intersection approach is assigned a "Level of Service" letter grade for the peak hour
of traffic based on the number of lanes at the intersection, traffic volumes, and traffic
control. Level of Service A (LOS A) represents light traffic flow (free flow conditions)
while Level of Service F (LOS F) represents heavy traffic flow (over capacity
conditions). LOS 0 is considered acceptable for the overall intersection in urban
conditions. Table 1 shows the Level of Service grades for each study intersection.
They will all operate acceptably at LOS C or better in both peak hours.
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Clocktower Commons Access Study 20f5 Tom RolJerts, BOT Holdings
TaJbfe i - E};;:1sUng 200S leve~ O"? SSt\rtce (lOS)
. I WEEKDA Y A.M. WEE[{DAY P.M. Ii
i ~nite~'seGUOEl I PeaJ( HOUT Pea[{ Hol'1'u'
,
Hanson Blvd/Crosstown Blvd I C I C -~
i Crosstown Blvd/Bluebird St I A A II
Bluebird StiNE Driveway I A A II
" Bluebird StlNW Driveway I A A i
2030 No Crosstown Boulevard Access Scenario
The City of Andover's Transportation Plan lists the current (year 2005) daily traffic
volume on Crosstown Boulevard northeast of Hanson Boulevard as 6,500 vehicles
per day and forecasts the 2030 traffic volume will be 11,100 vehicles per day, This
represents a 2.12% compounded growth rate. The first step in developing the 2030
No Access scenario traffic forecasts is to factor the 2008 traffic volumes to 2030 with
this growth rate.
The second ste'p in developing the 2030 No Access scenario traffic forecasts is to
add the traffic that will be generated by the unoccupied portion of Clocktower
Commons. The site is currently occupied by a McDonald's fast food restaurant, gas
station, and retail strip center. Approximately 10,000 square feet of the existing
\
24,000 square foot strip center is vacant. In addition there are approved plans to
build an additional 1 0,000 square feet of office and 12,000 square feet of sit down
restaurants on the site. A trip generation analysis was performed for the additional
uses anticipated in Clocktower Commons based on the methods and rates published
in the ITE Trip Generation Manual, 7th Edition. The results are shown in Table 2.
Table 2 - Traffic Generatedbv Additional Uses (in Vehicles)
ITE ... . A.lVL Peak Hour P.M. PeaKHolu'"
Code Re?e:ripti()n ..... In but .. In " ,out
750 Office Building (10,000 sq ft) 28 3 15 75
820 Shopping Center (10,000 sq ft) 20 13 66 71
932 Restaurants (12,000 sq ft) 84 78 124 102
Total Chanae in TraffIc 132 94 205 248
The traffic generated by the additional uses were distributed according to the
distribution pattern shown in Figure 4. The distribution pattern was developed based
on a weighted distribution of the existing traffic volumes on Crosstown Boulevard and
Hanson Boulevard.
The 2030 No Access forecasts developed through this two step process are shown
in Figures 5 and 6. An intersection capacity analysis was conducted for the study
intersection volumes in Figures 5 and 6 per the Highway Capacity Manual. The LOS
results are shown in Table 3.
Clocktower Commons Access Study 3of5 Tom Roberts, BOT Holdings
TZ.b[e :3 -. Z030 [\to Access level c'[- Senr[ee n~OS)i
Ii t WEE[{DA Y AJ\!L -I: WEEKDAY PJViL
i ~nte,sect[orn I Peak Hom' Ii Peak How' i
,
Ii r
: Hanson Blvd/Crosstown Blvd I E1 I E1 i
, Crosstown Blvd/Bluebird St I ['=2 [=2
i Bluebird StiNE Driveway I A A
Bluebird StlNW Driveway I A A
Can be mitigated acceptably to LOS D or better if Hanson Boulevard is upgraded from a two lane
roadway to a four lane roadway.. .
2 Can be mitigated acceptably to LOS D or better if the intersection is controlled with a traffic signal.
The Hanson Boulevard/Crosstown Boulevard will operate unacceptably at LOS E
and the Crosstown Boulevard/Bluebird Street intersection will operate unacceptably
at LOS F in the 2030 No Access scenario. The Hanson Boulevard/Crosstown
Bouelvard intersection can be acceptably mitigated to LOS D or better if Hanson
Boulevard is improved from a two lanE? roadway to a four lane roadway. The
Crosstown Boulevard/Bluebird Street intersection can be acceptably mitigated to
LOS D or better if the intersection is controlled with a traffic signal. The two access
intersections on Bluebird Street will continue to operate acceptably at LOS A in the
2030 No Access scenario.
2030 Crosstown Boulevard Access Scenario
The site is currently occupied by a McDonald's fast food restaurant, gas station, and
retail strip center. These uses are oriented to the northern portion of the site near the
existing access points from Bluebird Street. The Hanson Boulevard/Bluebird Street
intersection on the northwestern corner of the site is currently a % movement
intersection (no left turns are allowed from Bluebird Street to Hanson Boulevard and
no through movements are allowed back and forth along Bluebird Street). Adding
the proposed access on Crosstown Boulevard is not anticipated to alter the traffic
patterns going to/from the Hanson Boulevard/Bluebird Street intersection. It will alter
the Clocktower Commons traffic pattern going through the Crosstown
Boulevard/Bluebird Street intersection on the northeastern corner of the site and the
Hanson Boulevard/Crosstown Boulevard intersection on the southwestern corner of
the site. Based on the existing traffic patterns and the area population centers, it is
anticipated:
. 90% of the Clocktower Commons traffic going to/from the west and south at
the Hanson Boulevard/Crosstown Boulevard intersection would use the
proposed intersection versus the Crosstown Boulevard/Bluebird Street
intersection. The proposed intersection will provide a more direct route to all
. of the uses in the site compared with using the Crosstown Boulevard/Bluebird
Street intersection. It is possible only 70% to 80% will be rerouted to the
. proposed intersection, but using 90% is a conservative estimate used to look
at the impacts of routing most of the traffic through the proposed intersection.
<ill 20% of the Clocktower Commons traffic going to/from the northeast at the
Crosstown Boulevard/Bluebird Street intersection would use the proposed
intersection versus the Crosstown Boulevard/Bluebird Street intersection.
Cfocktower Commons Access Study 4of5 Tom Roberts, BDT Hofdings
The Clocktower Commons traffic pattems from Figmes 5 and 6 wel-e shifted based
on the above percentages to develop the 2030 Access forecasts shovvn in Figmes 7
and 8.
An intersection capacity analysis was conducted for the 2030 Access scenario
forecasts in Figures 7 and 8 per the l-lighway Capacity Manual. It is assumed no
improvements will be made to the existing study intersections and the proposed
access intersection 011 Crosstown Boulevard will be side street stop sign controlled
with each approach having one shared use lane. The LOS results are shown in
Table 4.
Table 4 - 2030 Access level of Service (lOS)
WEEKDAY A.M. ..~ WEEKDAY P.M.
. Intersection Peak Hour Peak Hour
Hanson Blvd/Crosstown Blvd E1 E1
Crostown Blvd/Bluebird St A E2
Crosstown Blvd/Proposed Access B B
Bluebird StiNE Driveway A A
Bluebird StlNW Driveway A A
1 Can be mitigated acceptably to LOS D or better if Hanson Boulevard is upgraded from a two lane
roadway to a four lane roadway.
2 Can be mitigated acceptably to LOS D or better if the intersection is controlled with a traffic signal.
The Hanson Boulevard/Crosstown Boulevard will operate unacceptably at LOS E
and the Crosstown Boulevard/Bluebird Street intersection will operate unacceptably
at LOS E in the 2030 Access scenario. The Hanson Boulevard/Crosstown Boulevard
intersection can be acceptably mitigated to LOS 0 or better if Hanson Boulevard is
improved from a two lane roadway to a four lane roadway. The Crosstown
Boulevard/Bluebird Street intersection can be acceptably mitigated to LOS 0 or
better if the intersection is controlled with a traffic signal. The two access
intersections on Bluebird Street will continue to operate acceptably at LOS A in the
2030 Access scenario. The Crosstown Blvd/Proposed Access intersection will
operate at .LOS B in the 2030 Access scenario.
The proposed intersection on Crosstown Boulevard will operate at LOS B in the 2030
Access scenario peak hours.- The Level of Service calculations did not account for
the interaction between intersections. To account for .the interaction of traffic along
the Crosstown Boulevard corridor from Hanson Boulevard to Bluebird Street, a more
detailed traffic analysis was performed with a SimTraffic™ micro-simulation model for
the 2030 Access scenario peak hours. The intersection traffic control and turn lanes
recommended above in the Level of Service analyses were used along with the
traffic volumes from Figures 7 and 8. These inputs for the Crosstown Boulevard
corridor were transferred from SYNCHRO™ to SimTraffic™.
The simulation software was seeded with a random number seed of 0, a seeding
duration of 3 minutes, and a recording duration of 60 minutes. Then the simulation
software was run and recorded five times with random number seeds of 1,2,3,4,
and 5; using a seeding duration of 3 minutes and a recording duration of 60 minutes.
Clocktower Commons Access Study 5of5 Tom Robelts, BOT Holdings
Table 5 - MaXrnlWT1. Vehtc1e Stacl\'r~g at Pmposed lntersecUon in 2030
i I A.M. Peal<: Hour I P.M. Peal, Hour ~
I - 1- l:
[ Eastbound 369 feet 345 feet
I Westbound I 210 feet 168 feet i
! Southbound I 538 feet 593 feet Ii
The 593 foot maximum queue in the 2030 p.m. peak hour represents approximately
24 vehicles. This amount of stacking cannot be accommodated within the parking
lot. The 369 foot maximum eastbound queue in the 2030 a.m. peak hour would
require an exclusive left turn lane to safely segregate the turning traffic from the
through traffic.
Conclusions
The analysis in our previous memorandum showed the proposed access will work
acceptably in the near term p.m. peak hour with full development of the site. All of
the analysis contained in this memorandum shows the a.m. peak hour will have the
same or better operations than the p.m. peak hour. The conclusion that the
proposed driveway intersection is anticipated to operate acceptably if built is still valid
for the near term situation.
The driveway approach should be controlled with a stop sign and Crosstown
Boulevard should remain uncontrolled. Each approach to the intersection should be
one shared lane, no exclusive turn lanes are initially needed. The design of the
proposed intersection should confirm appropriate sight lines are provided per
MnDOT's Road Design Manual.
Over the next 22 years, the operation of the proposed intersection will degrade due
to the growth in through traffic on Crosstown Boulevard. The proposed .intersection
should be monitored for excessive congestion. The access should be converted to a
right-in/right-out when stacking problems begin. There are discussions of adding a
fourth leg to the proposed intersection when the Winslow property south of
. Clocktower Commons is developed. The traffic conditions along Crosstown
Boulevard should be reviewed again when a fourth leg is proposed to be added to
the intersection because that is a likely time to convert the intersection to a right-
in/right-out.
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Er~G.INEERS 0 ,~,RCHITECTS 0 PLAf\!NERS (651) 292-4400
(651) 292-0083 Fax
wVJw,tkda.com
I\1EM 0 IlP;J\JD UJ\vK
To: Dave Berkowitz Reference: City of Andover Project #08-20
Copies To: Clocktower Commons
Traffic Study Review
From: Bryant Ficek Proj. No.: 14066.001
Date: April 28, 2008 Routing:
The Clocktower Commons development is proposing a new access to Crosstown Boulevard between the
intersections with Hanson Boulevard and Bluebird Street. A traffic study for this proposed access was
completed on January 24, 2008, and detailed potential traffic operations at the location. Our March 4,2008,
memorandum discussed additional information desired to better evaluate the merits of the new ddveway
access. That information was received and incorporated into a second analysis report, dated April 1, 2008.
This memorandum examines the second analysis and provides our recommendation in regard to the proposed
access.
Traffic Studies Summary
The original traffic study examined the existing traffic conditions of the study area and the potential traffic
conditions with the new access. The second traffic analysis expanded the examination of the existing
conditions and analyzed future conditions with traffic growth of the development site and sUlTounding area.
Each study assumed the proposed access would allow all movements and operate under side street stop
control, with Crosstown Boulevard traffic able to proceed without stopping.
Currently, adequate traffic operations are provided under the existing access and traffic conditions for both
the a.m. and p.m. peak hours. With the addition of a new access on Crosstown Boulevard, the study
intersections were shown to maintain adequate traffic operations. The original traffic study also examined
full development of the Clocktower Commons site. Again, adequate traffic operations were expected during
both peak hours under this scenmio.
Traffic operations were reexamined in the second analysis under a projected year 2030. Without the
proposed access or improvements at the study intersections, the Crosstown Boulevard intersections with
Hanson Boulevard and Bluebird Street were expected to have inadequate traffic operations. Potential
mitigation identified by the study included upgrading Hanson Boulevard from a two- to a four-lane facility
and providing traffic signal control at the Bluebird Street intersection. With those improvements, the
intersections would then provide acceptable traffic operations.
Under the 2030 scenario with the proposed access, traffic operations would be better than without the access.
However, inadequate results remain for the Hanson Boulevard and Bluebird Street intersections with
Crosstown Boulevard. The mitigation to improve traffic operations was the same as described above, with an
upgrade to a four-lane facility on Hanson Boulevard and a signal at the Crosstown Boulevard and Bluebird
Stl:eet intersection.
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
Memo Page 2 April 28, 2008
City of Andover Project #08-20
Clocktower Commons
Traffic Study Review
The traffic studies submitted concluded that the proposed intersection on Crosstown Boulevard is acceptable
in the near term. The proposed intersection should then be monitored for stacking issues and converted to a
right in/right out only access when problems .are identified. The intersection should also be reexamined if
development occurs to the south that would add a fourth approach to the proposed intersection.
The study also concluded that turn lanes would not be needed for any approaches to the proposed
intersection in the near term. If future traffic problems are identified at the proposed intersection in the
future, tumlanes could be provided at that time.
Finally, the study concluded that sight lines should be examined during the design of the proposed
intersection to confirm compliance with the Minnesota Depaliment of Transportation's Road Design
Manual.
Additional Roadway Information
Crosstown Boulevard is listed as a Collector roadway in the City's Transportation Plan. A Collector serves
the dual function of land access and traffic mobility. The City's spacing guidelines for a Collector suggest
minimum signal spacing of 1/2 mile for mral roadways and 1/4 mile for urban high-speed roadways. A
minimum distance of 330 feet between connections (other unsignalized access points) is also recommended.
The plan fmiher notes that greater spacing is beneficial in terms of safety and traffic flow on the roadway.
The Transportation Plan shows a concept plan for Crosstown Boulevard to accommodate 2030 volumes. For
this section of Crosstown Boulevard, the concept plan shows a two-lane roadway with exclusive right- and
left-turn lanes at the intersections with Hanson Boulevard and Bluebird Street. The intersection being
proposed is not shown in this concept plan. Other intersections along this corridor are being built with turn
lanes, being restricted or limited in turning movements, or being closed in accordance with this concept plan.
Sight distance is a potential issue given the high speed of Crosstown Boulevard and the curve as it
approaches Hanson Boulevard. Left turning vehicles into or out of the proposed access are the movements
that would be affected the most by this potential issue. As vehicles approach the proposed intersection from
Hanson Boulevard, a rear end crash would be possible if they do not see a vehicle waiting to turn left into the
proposed access. Similarly, a vehicle turning out of the proposed access would be in danger of a crash if they
do not see the approaching vehicle from Hanson Boulevard or vice versa.
Potential Access Options
For the proposed intersection, several options are available to pursue. Each of the following options is
discussed in more detail in this memorandum:
. Full access
. 3/4 access
. Right in/right out only access
. Entrance only access
<Il Exit only access
<Il No access
Memo Page 3 April 28, 2008
City of i',-ndover Project #08-20
Clocktower Commons
Traffic Study Review
Full access would allow all movements into and out of the proposed access. The traffic studies presented
determined acceptable traffic operations at the proposed intersection in the near term. Traffic operations at
the Bluebird Street intersection would benefit in the future from the new access. This type of access would
be easy to implement, as no special construction would be needed. The fourth leg on the south side of
Crosstown Boulevard could be accommodated without difficulty. However, the traffic studies acknowledge
that full access would likely be a temporary condition depending upon future conditions, such as the fourth
approach to the proposed intersection from development to the south of Crosstown Boulevard. In addition,
safety would remain a potential concern with the roadway curve.
The exiting left-turn movement onto Crosstown Boulevard would be eliminated with a 3/4 access
intersection. This type of left-turn movement is typically the least safe movement, with the highest potential
for crashes. Without this movement, the safety of the access would be improved compared to full access.
Traffic operations would also be better than full access. The mobility of Crosstown Boulevard would be
better protected with this option, as the number of vehicles entering the corridor would be reduced. Proper
design of the intersection would be important with this option to physically prevent illegal movements. The
design would be potentially more complicated if another approach to the south is considered.
Right in/right out access would eliminate all left -turn movements into and out of the proposed access. Other
than no access, this option represents the safest option. illegal movements could be prevented with a "pork
chop" island on the access road, although a median on Crosstown Boulevard would be better. Future traffic
operations at the Bluebird Street intersection would still improve, although not as much as with full or 3/4
access. Providing similar access to another approach on the south side would be easier than the 3/4 access, as
well.
An entrance only access would fully protect the mobility of C;rosstown Boulevardby not allowing additional
vehicles to enter the corridor. All exiting movements would be eliminated. Exiting movements would remain
on Bluebird Street, providing additional justification for a potential signal if needed in the future, as
suggested by the traffic studies. The proposed access would still provide some benefit to traffic operations at
Bluebird Street, although not as much as the other options presented.
An exit only access would impact Crosstown Boulevard almost as much as the full access option. Future
traffic operations at Bluebird Street would be improved more than the 3/4 access or right in/right out access
by providing a second option for all exiting movements. Safety would remain an issue, particularly with
exiting left-turn movements.megal movements into the access would be another potential issue, as
geometric fixes are difficult while maintaining the movements desired.
The final option is no access. This would be the safest option and would maintain full mobility on Crosstown
Boulevard. However, the traffic studies did demonstrate that traffic operations would be acceptable in the
near term. Future traffic operations at the intersection of Crosstown Boulevard and Bluebird Street were also
shown to benefit from an additional access at this location.
Memo Page 4 April 28, 2008
City of Andover Project #08-20
Clocktower Commons
Traffic Study Review
Recommendations
Given that the proposed access would satisfy the City's guidelines and acceptable traffic operatiOlls are
expected, allowing an access is recommended. Safety and maintaining some mobility on Crosstown
Boulevard were then used to determine the type of access. In this case, providing either a right in/right out
access or an entrance only access is recommended. Both options would eliminate the exiting left-turn
movement, which is typically the least safe at an intersection. Mobility would be protected by allowing only
a right turn onto Crosstown Boulevard or no exiting movements. The access can be controlled through
proper design on the approaching driveway in addition to signing. Either type of access would also provide
some benefit to traffic operations at the Bluebird Street intersection by reducing the number of vehicles
travelling through that intersection.
Selecting one of these options would be a pelmanent condition. Driver confusion could result from providing
full access initially and then restricting the access at some future date. Providing the type of access that will
remain into the future would allow motorists to and from the development to establish and maintain their
driving patterns.
The limited access would also set a precedence for future development to the south of Crosstown Boulevard
or other developments of a similar nature within the City. When additional development occurs to the south,
the access at this point would be the same without the need for another study to determine the type of access.
Other development would expect to receive similar treatment for access as that used in this case.
The traffic study showed acceptable traffic operations in the near term without turn lanes. However, turn
lanes, both right and left, have been shown to improve the safety of an intersection. For the proposed access,
a right-turn lane and a left-turn lane if entrance only access is desired are recommended. The turn lanes are
recommended for safety, not capacity.
Another safety improvement recommended for this proposed access is not allowing delivery trucks to use the
access. These larger trucks with longer braking distances and slower acceleration than passenger vehicles
could use the Bluebird Street access. Restricting these trucks would allow for better geometry to control
illegal movements.
Please contact me at (651) 726-7944 or bryant.ficek@tkda.com if you have' questions or comments regarding
this information.
5'\NDbVE~ @
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 Administrato r1
Will Neumeister, Community Development Director i!I1rt-
FROM: Angie Perera, Associate Planner ~
SUBJECT: Consider City Code Amendment/Changes to City Code Title 4/ Abatement
Process.
DATE: May 19,2009
INTRODUCTION
This item was first introduced at the April 14, 2009 Planning Commission meeting where a
public hearing was held and was continued to the May 12th Planning Commission meeting. Staff
has found some inadequacies with current language in Title 4 of the City Code, mainly pertaining
to abatement. With the number of foreclosed and rental properties rising due to current economic
conditions, this is a good time to bring forward these amendments.
The concept of adding a chapter #5 was previously considered in an attempt to try to streamline
an abatement process that could be used for chapters # 1, 2, and 4. The idea was to eliminate
duplication within chapters by establishing a standard abatement process for potential violations.
In discussions with the City Attorney, it has been determined that it would be better to keep each
abatement process separate within each of the chapters since there are unique situations in each.
The primary amendments being proposed include the following:
. Staff authorization to enter onto a property (if necessary) to conduct an inspection in
conjunction with an abatement of a violation.
. Establish more consistent language in the abatement procedures of each chapter.
. Eliminate the hearing examiner step in the code enforcement process.
. Establish separate criteria for dealing with code enforcement related to a general
abatement versus an emergency abatement in each of the chapters.
. Minor adjustments made throughout Title 4 to incorporate language preference and to
provide basic clarification.
DISCUSSION
The draft amendment has been summarized in an outline below. The draft amendment proposes
several minor adjustments to incorporate language preference and clarification. Those
adjustments are outlined in the draft amendment attached but not specified within this report
since they do not change the intent of the current ordinance.
1
CHAPTER # 1, NUISANCES
Section 4-1-2: PUBLIC NUISANCES ENUMERATED
Subsections E, F, and G have been added to include accumulation of debris, junk motor vehicles,
and dilapidated structures.
Section 4-1-3: HEARING EXAMINER
This section is proposed to be removed from the ordinance. A hearing examiner is someone who
would essentially review an appeal from a property owner who may be in violation of this
chapter of the City Code. In the practice of code enforcement, staff has been flexible with
property owners who need deadline extensions for bringing their property into compliance and
checks with a department head if a request seems unreasonable. This practice has generally been
an informal process that replaces the role of the hearing examiner and replaces the appeal process
within the current abatement procedures that is proposed to be amended in another section. The
hearing examiner role as currently specified in the City Code, is a more formal practice that may
be an unnecessary step in the code enforcement process.
Section 4-1-3: INSPECTIONS AND INVESTIGATIONS:
This language specifically states who has the authority to inspect and enforce this chapter of the
City Code. It also provides language that allows staff to enter onto the property to inspect and
abate a nuisance violation.
Section 4-1-5: ABATEMENT PROCEDURES:
This section has been removed and renumbered.
Section 4-1-4: ABATEMENT PROCEDURES:
This section separates the abatement process for general and emergency abatement. The purpose
for this is to include a detailed process for each. General abatement situations would require a
notification to the property owner with a deadline for compliance. If the violation is not corrected
upon sufficient notification, staff may request that the situation be reviewed by the City Council
to request that the violation be abated or that the situation proceed with legal action through the
district court system. An emergency abatement situation would be a situation that constitutes an
imminent danger to the public safety or health. This situation may be abated upon a reasonable
attempt to contact the property owner.
This section also provides details regarding the costs of abatement, outlining steps that would be
taken to try to recover the costs associated with abatement.
CHAPTER # 2, GARBAGE, RECYCLABLES AND REFUSE
Section 4-2-2: DEFINITIONS:
Additional definitions for "City Health Inspector" and "Enforcement Officials" are being
proposed in this chapter of the City Code for clarification purposes.
Section 4-2-9 ABATEMENT PROCEDURES:
This section separates the abatement process for general and emergency abatement similar to the
procedures drafted for Chapter # I pertaining to nuisances. The main difference in Chapter # 2
2
pertaining to garbage, etc...is that the emergency abatement involves the health inspector and the
notice is posted on the actual premises and abated within a shorter deadline (not less than 2 hours
and not more than 2 days) with the assumption that the violation presents an immediate hazard to
the health or safety of any person.
Section 4-2-9 (C) ABATEMENT BY CITY; COSTS:
This section includes similar language from the abatement costs section in Chapter # 1 pertaining
to nuisances. Chapter # 1 pertaining to nuisances may involve a court order to have the violation
abated whereas Chapter # 2 pertaining to garbage would most likely be abated without a court
order depending on the situation.
CHAPTER #4, WEEDS, GRASSES AND OTHER HARMFUL VEGETATION
Section 4-4-4: PERMITTING A NUISANCE; NOTICE REQUIREMENTS:
This section provides a weed inspector authorization to enter onto a property to inspect or abate a
violation. It also specifies the notice requirements in more detail. Abatement of weeds, etc.
would most likely be abated without a court order depending on the situation.
Planning Commission Recommendation
The Planning Commission recommended approval of the proposed ordinance amendment with a
6 to 0 vote.
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.
Attachments
Summary Ordinance
Proposed Ordinance
Planning Commission Minutes
Res~tted'
\~
Angie rera
3
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. SUMMARY
-
AN ORDINANCE AMENDING CODE SECTIONS
4-1-1 through 4-1-7,4-2-1 through 4-2-10, and 4-4-1 through 4-4-7
(PUBLIC HEALTH AND SAFETY 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 with
modifications to the definitions, declaration of certain nuisances, and the requirements
and procedures for abatement. The code changes do not change the intent of the
ordinance. The amendments provide clarification for code enforcement purposes.
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 inthe 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 19th day of May, 2009.
ATTEST: CITY OF ANDOVER
Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor
-~-
TITLE 4
PUBLIC HEALTH AND SAFETY
Subject Chapter
Nuisances ............................................... .................. 1 - :ynO}t~ \ ~,
Garbage, Recyclables And Refuse......... ..................2 - pClf(fD 2- \ \0
\\50 ~ Shade Trees ........................................... ..................3
. C\;(v\~{\d~f'{?-"I\t> Weeds, Grasses And Other Harmful Vegetation .......4 -PCV:6fj) Il ~ &0
O-fr01:f:;f\i ~r-rY \
) . to"'" t {;:...t_./~-l '",,~ ~
(' \,1\0 ()4D (~~ 3
__.' c "\,. ...... .
CHAPTER 1
NUISANCES
SECTION:
4-1-1 : Policy And Purpose
4-1-2: Public Nuisances Enumerated
4--1-3 : H 83ft ng-~-affiiHef
4-1-4~: Inspections And Investigations
4-1-M: Abatement Procedures
4-1-65: Interference With Enforcement Officials Prohibited
4-1-76: Violation; Penalty
4-1-1 : POLICY AND PURPOSE: The City Council has determined that
I health, safety, good order, general welfare, and convenience of the public {sare
threatened by certain public nuisances. on property within the city limits. It is
declared to be the intention of the Council to abate these nuisances, and this
chapter is enacted for that purpose. (Amended Ord. 72, 10-15-1985)
4-1-2: PUBLIC NUISANCES ENUMERATED: Whoever, by his act or
failure to perform a legal duty, intentionally does any of the following, is guilty of
maintaining a public nuisance and may be ordered to abate the nuisance as
provided herein, charged with a misdemeanor, or both:
A. Dangerous Conditions: Maintains or permits a condition which
unreasonably annoys, injures, or endangers the safety, health,
morals, comfort or repose of any considerable number of members of
the public.
B. Obstructing Public Ways And Waterways: Interferes with, obstructs, or
renders dangerous for passage any public highway or right-of-way, or
waters used by the public.
C. Interference With Health Officials: Willfully opposes or obstructs a health
officer or physician charged with the enforcement of the health laws in
performing any legal duties.
D. Deposits Of Used Tires: Deposits or allows depositing of used or waste
tires upon public or private property which is not a tire recycling,
processing or receiving site approved by the city.
\
E. !-\ccumulation otpebris: Maintains or pernlits the accumulation
of discarded or unused machinery, household appliances,
automobile bodies, lumber, wood trash, debris, or other rnaterial,
or the rank qrowth of veqetation amonq the items so
?ccumulated, in a manner conducive to the harborinq of rats,
mice, snakes, mosquitoes or vermin, or in any manner creatinq
fire, health, or safety hazards.
F, Junk Motor Vehicles: Parks, keeps, stores or accumulates junk
motor vehicles upon any private land or premises owned,
occupied or controlled bV any person or leqal entity unless
authorized by this code or other ordinance. No person shall
park, keep or place any such iunk vehicle upon land not owned
by such person, For purposes of this section, a junk vehicle
means any motor vehicle as defined in Minn. Stat. ~169.011 ,
subd. 42, part of a motor vehicle, or former motor vehicle stored
in the open which is (1) unusable or inoperable because of a lack
of or defects in component parts; (2) unusable or inoperable
because of damage from collision, deterioration, or otherwise; (3)
beyond repair, and, therefore, not intended for future use as a
motor vehicle; (4) being retained on the property for possible use
of salvageable parts; or (5) is not properly and currently licensed
for operation within the State of Minnesota.
G. Dilapidated Structures: Maintains or permits the existence of any
structure or part of any structure which due to fire, wind, other
natural disaster, physical deterioration, or any other cause, is no
lonqer habitable as a dwelling or is no lonqer useful for any other
purpose for which it may have been intended.
~H. Integrity of Dwelling Unit: All exterior elements of residential
dwelling units in the City shall be kept in a clean, sanitary and
structurally safe condition and in sound repair, including:
1. Stairways, porches, balconies, or decks;
2. Windows and Doors;
3. Soffit and Facia;
4. Roofs;
5. Siding, bricks, stone or stucco;
6. All other exterior elements not specifically listed.
I ~l. Remodeling Projects: All residents undertaking remodeling
projects must keep all materials being used in the remodeling
project in a neat and orderly appearance and out of view from
adjoining property for the duration of the project.
r'l
0\
G-:-J.___.AII garbage and refuse shall be kept in proper storage containers (bins or
dumpsters) and regularly disposed of, as set forth in Article 4, Chapter 2,
of the l\ndover City Code. (Amended Ord. 371, 5-20-2008)
I {4K. Other Conditions: ~s guilty of any other act or omission declared
by state law or city ordinance to be a public nuisance. (Amended
Ord. 72,10-15-1985)
Ij 1 3:
HEARING EXAMINER:
^ . Position Created: The position of hearing exa~ereby created~
t \. City Council may contr::wt '/:ith third partie~ for the furnishing of all services of the
hearing eX3miner as contained in this ch3pter :md set the rate of compens3tion
therefore.
B. Duties: The he3ring examiner shall have the follmA,{ing duties:
.:t~'kIates and hear all contested cases following appeals or orders of the
Zoning Administrator or Building Official.
2. Take testimony from all interested p3rties.
3. Make a complete record of all proceedings.
~Affifm, repeal or modify the--effi.ef of the Zoning ,i.\dministrator or BuildiRg
Official and prepare 'tJrittcn findings off3ct. (Amended Ord. 72, 10 15 1985)
4-1-4~: INSPECTIONS AND INVESTIGATIONS:
A. Periodic Inspections; Investigations: The ZoninQ Administrator, BuildinQ
Official, or other such officers, employees, or 3Qents as the City Council
or city administrator may desiQnate ("enforcement officers"), shall enforce
the provisions of this ordinance. Such enforcement officers shall have
:;
~[he pOlJver to enter upon and inspect Zoning /\dniinistr3tor or Building
Gfficia~ sha!! c:::ws-eJce--B-e inspscts4-all public and private places within the
city and take all reasonable precautions to prevent the commission and
maintenance or public nuisances.wl-lich might CGf-"'rta~ft~b!ic nu-i-sanse:.'
a-&-€!-efined in this code-as oft2n 3-s--p-Factic3ble to determine wheth8-f-a-R-y:
Btlch conditions exist. The 7o;Jing !\dministrator or Building Official sholl
a!sG-iR-ves-tifJate-a~-FB-!30Fffi of pub! ic ffiJ-i-s-aRses-IeGateEi-withiH--t-AB-8-i-t-y-:-
/1 1 5:
4-1-4: ABATEMENT PROCEDURES:
A. General Abatement: Whenever an enforcement officer determines that a
public nuisance is beinq maintained or exists on premises in the city, the officer
shall notify, in writinq, the owner and/or occupant of the premises of such fact
and order that such nuisance be immediately terminated and abated. The notice
shall be served in person or by mail, and as to an absentee owner. addressed to
the last known address of the owner. If the property is unoccupied and the owner
is unknown, the notice may be served by postinq of the notice on the premises
upon which the nuisance is located. The notice shall describe the nuisance and
the actions required to abate the nuisance and the time limit within which the
nuisance must be abated. Such time limit shall be reasonable under the
circumstances, but shall not be less than ten (10) days after service of the notice.
If the notice is not complied with within the time specified, the enforcement officer
shall report that fact forthwith to the City Council. Thereafter, the City Council,
after notice and hearinq, may cause or direct such action as is necessary to be
taken to abate the nuisance includinq, but not limited to, authorizing the initiation
of district court action to enforcement any abatement orders issued by the City
Council.
B. Emergency Abatement: When the enforcement officer determines that a
public nuisance constitutes a serious and imminent danqer to the public safety or
health, the officer may summarily abate the nuisance after a reasonable attempt
to notify the owner or occupant of the property. The officer shall immediately
thereafter notify, in writing, the owner and/or occupant of the premises of the
action taken. The notice shall be served in person or by reqistered or certified
mail.
C. Costs of Abatement. The owner of the premises shall be personally liable
for all costs of a general or emerqency abatement by the city, including a twenty
percent (20%) administrative cost. As soon as the abatement work is completed
and the costs determined, the enforcement officer shall prepare a written notice
to the owner, identifyinq all the work done and the costs and expenses involved,
which shaH be served upon the owner of the property in person or by reqistered
or certified mail, addressed to the last known address of the owner. If the
property is unoccupied and the owner is unknown, the notice may be served by
LJ
I
12oslino. of the notice, on the premises. Such notice sha!!, further provide that if the
total amount is not paid to the dtv vvithin thirty (30) davs. the costs, expenses and
maximum allowable interest shall be collected as an unpaid special assessment
pursuant to Minn. Stat. ~ 429.101. The city may also seek to recover such costs
in an action aqainst the ov\!ners, occupants or other responsible parties. The
sanctions and remedies herein are not exclusive and the city may also proceed
by any other legal remedy includinq injunction, declaratory action, criminal
penalties or othervvise.
ABATEMEN-T PROCtillURES:
1\. .^.bo.tement Required: Upon a determination by the Zoning ,^,dministr3tor or
Building Official that a public nuis::mce exists on ::my public or private property
wftR-i-R-the city, the Zol1ffig /\dmiR-istfa~ial sha}~
nuiso.nce to be ab3ted in 3 manner consistent \.'.'ith the city ordin::mces ::md st3te
1 a \."1. (,^,monded Ord. 72, 10 15 1985)
B. NOOse To I\bate: WheReVer the Zoning Administrator or Building Official
finds with r83sonable cert3inty that :1 public nuis::mce exists on any public or
private property in the city, he shall notify tho affected property O'.vner by
personal service or by certified mail that the nuisance must be abated '.vithin a
reason3ble time, not less than ten-fl-Q) days from the date of service of the
notice. Service by certified mail shall be deemed complete upon mailing.
1. The order shall state '.vith specificity the nature of the violatieflS and the
requirements for compliance.
2. The order sh311 also state that the property O'Nner m3Y, '.^/ithin ten (10) days of
the date of the order, request a hearing before the hearing examiner and shall
6et-GYt-tA€--i3ffiC~~ m3Y be requesteEh-
3. The order shall alco state th3t failure to 3bate the nuis3nce or request 3
he3ring '.^:ithin the applic3ble time periods 'Nil! result in summ3ry abatement
procedures, and that the cost of abatement 'Nill bo assessed against the subject
ftFGfleHy:-
C. l\batement By City: Upon expiration of the time required by the notice, the
Z:eR{Rg-Agm~ffistfa.t.g.r-eF-gHi.IGiR1}-G-ffiB-ia.J-may 3b 3.te tAB-RHi-saRBe-I.:lHte-ss-a
S
feEj-HBSt-f:gf-a-8BafH:J~C been tirrr-ll", filer!
t. ......... ~ I ~~ . t t ..........I.,J It. '-'_,
Q. G-Hevanees; Hearing; Deeie::.:::s:
..:J-,-AR-Y-jM-epeffY-ffifVRBf-\j\J!:I.e-.:fee!s ogg:-isved by on ord8f-Of the Zoning
,^.dministfatoror Building Official iSSUGd pursuant to this chapter may request Cl.
fi-earing before the hearing examiner. Such request shall be filed in \vriting "fIim
th-e-effiB&0f--fue-Gfty-GI8fk-witfi+R-te-R
(10) d3.Ys after service of the notice by the Zoning Administrator or Building
GffiBi-ah
2. The City Clerk shall notify the he3ring examiner 'Nho shall notify the property
owner of the date, time and place of the hearing.
~he heariRg-shall be-eonducted-fl-o more than ten (10) days after- the hearing
eX3miner receives notice of the request, unless a bter date is mutually ;Jgreed to
by the hearing examiner, the property owner and the city.
-1. Both the property O'vvner ::md the city may appear at the hearing '.'.'ith counsel
aflG-m-ay- call suGft-wi-tA-esse&--afle present such evidence as is determined by tM
hearing examiner to be relev~mt.
5. 'Nithin ten (10) days after such hearing, the hearing examiner shall affirm,
repeal or modify the order of the Zoning Administrator or Building Official. The
~aminer's order shall be accompanied by 'Nritten findings of fact.
E. Appeals:
1. Any person aggrieved by the decision of the hearing examiner may appeal that
~City Council by filing notice of such appeal 'Nith the office af.#te
City C!efk:-
2. /\t its ne}d a'f3i13b!e regular meeting, foHo':Jing the filing of a notice of appea+,-
me Council shall revie\^J the decis-i-eR--and findings of fact of the hearing ex-aminer
\0
2+tG---rd,-,"1-a+l--affirm, r~a.a+-er~if,! th::t decision.
F. Stay Of Proeeedings: The city sh31! t3.!~ no act-i-efl-t.e-a-8-bie-aR~3a-HB€-
wrHle-tRe-n=ta-Uer-ffi-I3€-Hflifig-befGre the !=iea ri ng-e-x-amiHHf-Gf-tRB-Gity-GeHHGH7
-G. Costs:
1. Records Kept: The Zoning ,^,dministr3tor or Building Official shall keep 3.
record of the costs of abatements dona under this ch3pter and shall report
monthly to the City Clerk or other approprbte officer all 'l.'ork done for 'Nhich
assessment-s-aFe-te--Be-m8Ge,-st-a-#Rg-and certifying the--flesGf~ion of the-~oG,
lots or parcels involved and the amount assessable to each.
2. On or before September 1 of each year, the City Clerk shall list the total
unpaid charges for each abatement against each separate lot or p3rcel to 'Nhich
t.J:l.ey 3re attributable unG!ef-tl:1.i-s chapter. The Council may then spread the
charges or any portion thereof against the property im:olved as a special
assessment under pertinent st3tutes, for certification to the County Auditor for
collection the follo'A'ing year 3!ong 'Nith current taxes. Such assessment shall be
f}ayabte-in no mor€-t.I:taR-~~--if'lstallmont, purs~-e-M-iRJ:leseta-gtatutes
Section '129.061, Subdivision 2. (Amended Ord. 72, 10 15 1985; amd. 2003
Code)
4-1-99.: INTERFERENCE WITH ENFORCEMENT OFFICIALS
PROHIBITED: No person shall prevent, delay or interfere with tHe
Zoning Administrator, Bui-lffiRg-Official or their agentsan enforcement officer whoile
they are
I engaged in the performance of their duties as set forth in this chapter.
(Amended Ord. 72, 10-15-1985)
I 4-1-+9.: VIOLATION; PENALTY: Any person violating any provision
of this chapter shall be guilty of a misdemeanor as defined by state law and
subject to the penalties therefore. Each day in which such violation continues
shall constitute a separate offense. (Amended Ord. 72, 10-15-1985)
-I
CHAPTER 2
GARBAGE~ RECYCLABLES AND REFUSE
SECTiON:
4-2-1: Purpose
4-2-2: Definitions
4-2-3: Accumulation Prohibited; Disposal Required
4-2-4: Prohibited Acts And Conditions
4-2-5: Composting
4-2-6: Refuse Collectors
4-2-7: Refuse And Recyclable Collection Requirements
4-2-8: Enforcement Officials; Investigations And Inspections
4-2-9: Immediate Health Hazards
4-2-10: Violation A Misdemeanor
4-2-1: PURPOSE: It is the purpose of this chapter to protect the public
health, safety and general welfare of the citizens of the city by requiring each
residential, commercial or industrial property to properly store and dispose of
"garbage", "recyclables" and "refuse" as defined in this chapter. This chapter will
also require that all garbage, recycling and refuse collectors operating within the
city be licensed. (Ord. 102, 12-15-1992)
4-2-2: DEFINITIONS: For the purpose of this chapter, the terms defined in
this section shall have the meanings given them as follows:
CITY HEAL TH
INSPECTOR: That person or persons desiqnated by the City Administrator
to act on behalf of the city.as the city's health inspector.
COMPOST: Yard waste and other biodegradable matter that, under
proper conditions, will be converted to a soil-like
substance used as a soil.
ENFORCEMENT
OFFICIALS: The City Administrator, or his/her authorized
representatives, responsible for the enforcement of the
provisions of this chapter.
GARBAGE: Animal and vegetable wastes resulting from the handling,
preparation, cooking, and consumption of food.
RECYCLABLES: Includes newsprint, corrugated cardboard and office paper,
Q<
i~
plastics, tin cans, aluminurn, used motor oil, glass and other
metal goods and other items identified as reusable or re-
processable materials.
REFUSE: ~ncludes garbage and rubbish.
RUBBiSH: All inorganic solid wastes such as ashes and other non-
reusable waste.
YARD WASTE: The garden wastes, leaves, lawn cuttings, weeds, and
prunings generated at residential, commercial and
industrial properties. (Ord. 102, 12-15-1992)
4-2-3: ACCUMULATION PROHIBITED; DISPOSAL REQUIRED: Every
I household.>. Bf-occupant or owner of any residence, commercial or industrial
establishment shall, in a sanitary manner, dispose of refuse and recyclables that
may accumulate upon the owner's or occupant's property on a weekly basis
through a collection service licensed by the city or by other methods approved by
the city. Recyclables shall be collected at a minimum, every two (2) weeks. (Ord.
102,12-15-1992; amd. 2003 Code)
4-2-4: PROHIBITED ACTS AND CONDITIONS:
A. Prohibited Deposits Of Refuse, Recyclables And Yard Wastes: No person
shall place any refuse, recyclables afl€I-or yard wastes in any street or
public place... or upon any private property.!. except in proper containers for
collection,:-~:md no No person shall throw or deposit refuse, recyclables
aH€l-QI...'yard waste in any body of water or in such manner as to cause
litter or contamination of the environment.
B. Burying Refuse: No person shall bury any refuse in the city except in an
approved sanitary landfill. (Ord. 102, 12-15-1992)
4-2-5: COMPOSTING: Composting shall be allowed only on properties
where there is a single-family detached dwelling or property operated by the city
as an essential service. Composting is permitted on private property if all of the
following conditions are met:
A. Permitted Materials: Only organic materials, yard wastes and
easily biodegradable, nonpoisonous garbage may be
composted.
B. Dimensions Of Compost Area: Composting shall be placed in a
c\
container or pile not to exceed fifty (50) square feet in area and shall
not exceed three feet (3') in height.
C. Location: The compost piles or containers shall be located in the rear
I yardJlld at least five feet (5') from any property line or twenty feet (20')
te-from a side lot line if adjacent to any public street right-of-way. If a
rear yard location is unavailable or impractical, the compost materials
may be placed in another location approved by the City Administrator or
authorized designee.
D. Screening Required: All compost piles and containers shall be fully
screened so as not to be visible from adjacent properties and public
I rights-of-way as viewed from ground level.
E. Maintenance Required: Compost containers and compost materials shall
be maintained so as not to create odors, rodent harborage, fire hazard
I afl-G-QLother nuisances. (Ord. 102B, 8-5-2002)
4-2-6: REFUSE COLLECTORS:
A. License Required: It is unlawful to collect, haul or convey refuse from
any premises in the city, other than from one's own residence, without a
valid license therefore. Each such vehicle so used, except for personal
I disposal, must also be licensed for such activity.
B. Application For License: The applicant for a collector's license or
renewal of such license shall provide the following:
1. The name and address of the owner of the collection service who is to
I be the licensee and all employees who shall be responsible for collectinq,
haulinq, or conveying refuse or recyclables on behalf of the licensee;
2. A description of each piece of equipment proposed to be used in the
collection operation;
3. A schedule of services to be made to the customer including, but not
I limited to, proposed days of collection. and the in different areas of the city
within which those days of collection shall occur;
4. A schedule of varying rates based on the volume or weight of the refuse
collected shall be kept on file in the office of the City Clerk indicating the
charge for each size container or other schedule of charges to be applied
by the licensee (the city may designate the number of categories in regard
to the size of the containers);
\D
5. The frequency of service to be rendered;
6. The place to which the refuse is to be hauled;
7. The manner in which the refuse is to be disposed;
8. Proof of insurance as required in Subsection 0 of this section; and
9. Any other information the city deems necessary.
C. Processing Application: Applications for a license hereunder shall be
I submitted to the city for review and rccommendationconsideration. If the
Council is satisfied that the public need, convenience and good order will
be served thereby, it may grant a license to such applicant.
D. Insurance Requirements: No license shall be issued until the applicant
files with the city a current copy of the policy of public liability insurance.
The public liability insurance shall be in the amount of at least one
hundred thousand dollars ($100,000.00) for injuries, including accidental
death, to any one person,~and in ;:m 3mount not less th3nat least three
hundred thousand dollars ($300,000.00) for each accident; and at least
fifty thousand dollars ($50,000.00) for loss or damage to property:. fR.-t1:te
amount of fifty thousand dollars ($50,000.00). Every such policy shall
provide that it shall not be canceled, terminated or amended for any
reason without at least ten (10) days' written notice given to the city. (Ord.
102,12-15-1992)
E. Term Of License: License Fee: Licenses shall be issued for a period of
one year, expiring on May 31 of each year. The license fee shall be as
I established by ordinance and may be 3djusted adiusted1.
F. Suspension Or Revocation Of License: Any license issued hereunder
may be revoked or suspended by the City Council if false statements
have been made in the application therefore arnl--m-ay--be revoke4or
upon failure of a licensee to comply with any state law or local
ordinancethe requirements of the ordinances of the city. (Ord. 102, 12-
15-1992)
4-2-7: REFUSE AND RECYCLABLE COLLECTION REQUIREMENTS:
A. Refuse Collection Required: Each licensee shall provide weekly
collection and removal of refuse from its customers' premises in
residences 'fJithin the city.L and complete collection of all refuse which
normally results from day to day use of the :tyf3€-e-f-property, except
1 See subsection 1-7-3A of this code.
\ \
furnishings, appliances, constiUction waste and similar bulky waste for
I which [ndividuals shall make special collection arrangements.
B. Curbside Recycling: Each licensee shall provide curbside recycling to
each of its customers ~.~within the city at least every two
(2) weeks. Recyclables to be collected shall consist +He Hcensee sf:ta.l+
p.F8vi€lB-ffier-rffily-p.iekH!3s of at least four (4) broad types (plastic bottles,
glass bottles, metal cans and newspaper)-e:f-Fecycbble materi3!s. The
licensee shall also provide to the city,. by July 10 and January 10 of each
year,. a report on the tonnage of recyclable materials collected. (Ord. 102,
12-15-1992; amd. 2003 Code)
C. Neat And Orderly Collections:
1. The licensee shall assure that reasonable care in transfertransferrinq
the contents of the containers to .J:tislJ::l.efits vehicle is used to avoid without
spilling themspillaqe. If any spilling spillaqe occurs, licensee, or its
emplovee then performinq the collections services, he/she shall clean it
immediately and completely.
2. Vehicles shall be equipped with brooms and shovels for cleaning any
spills associated with collecting or hauling garbage, recyclables or refuse.
3. Collection shall be conducted in such a manner as to not create a
nuisance.
4. Upon each collection, the containers shall be completely emptied and
replaced with lids in place.
D. Hours: Collection in residential zones shall be between the hours of seven
o'clock (7:00) A.M. and six o'clock (6:00) P.M. No collection whatsoever
. shall be permitted in residential districts on Sundays. Violation of these
collection conditions shall constitute a misdemeanor.
E. Defective Containers: Whenever a container is in poor repair, or
otherwise defective so as to permit insects, vermin or rodents to enter, it
shall be replaced. Notice shall be given to the owner of the defective
container, which shall state that if the deficiency is not corrected, a tag
I shall be affixed condemninq the containerstating such condemnation. It is
unlawful for any person to place or deposit refuse in a condemned
container.
F. Collection Vehicles:
!~
1. Vehicles used by the licensee to collect or transport garbage. refuse. or
recvclables over any city street shall be properlv maintained and operated,
and have a fully enclosed metal body capable of completelv containinq the
contents so as \!'!hich is tight!}' sS3led 3nd properly-Ht8.-fR.ta-rn.ed 3nd
B%4a-ts4-to prevent offensive odors escaping therefrom and solids or
liquids from leaking, spilling, dropping, or blowing from the vehicle.
2. Vehicles used to tr3nsport rccycl:::H:Hes or refuse over city streets shall
completely cont3in s:3id recyc!3blos or refuse in :3 tightly s831ed unit to
pFeVeRt-#"Je-feeyGla9-les-or refuse from leaking,spHl.~f0PPffi~-,Gf
13lmving from the vehicle. (Ord. 102, 12 15 1992)
4-2-8: ENFORCEMENT OFFICIALS; INVESTIGATIONS AND
INSPECTIONS: +lie-Gity- Administrator or his authorizeG
representativesEnforcementofficials shall have the primary responsibility for the
enforcement of the provisions of this chapter. The City Health Inspector shaU
may assist in the enforcement of the provisions of this chapter and, when
requested by the City Administrator, shall make inspections or investigations as
are necessary to determine whether an immediate health hazard exists as a
result of a violation of this chapter. The findings of the City Health Inspector shall
I then be reported to the City Administrator. The City Health Inspector and
enforcement officials may enter upon any land without consent of the owner and
without being subject to any action of trespass; provided, however, that should
I entry into an enclosed building be necessary to perform his!h~rtheir dutiesy, they
shall, Health Inspector, prior to entry, sftaU-obtain the consent of the owner,
occupant, or person in control of such premises to enter the building. If
permission cannot be obtained, the inspector shall obtain a warrant to enter the
building may be obtained. The City Administrator, City Health Inspector and tl:le+F
representativesenforcement officers shall carry and produce, at the request of
any owner, occupant, or person in control of the premises upon which such
officials request access in the performance of their duties under this chapter,
identification in a form approved by the City Council. (Ord. 102, 12-15-1992)
4-2-9 ABATEMENT PROCEDURES:
A. General Abatement: Whenever an enforcement official determines that a
violation of the provisions of Section 4-2-3, 4-2-4, or 4-2-5 of this chapter is beinQ
maintained or exists on premises in the city. the officer shall notify, in writinQ, the
owner, occupant, and/or person in control of the premises of such fact and order
that such violation be immediately terminated and abated. The notice shall be
served in person or by mail. and as to an absentee owner, addressed to the last
known address of the owner. If the property is unoccupied and the owner is
unknown, the notice may be served by postinQ of the notice on the premises
upon which the violation is located. The notice shall describe the violation and
\~
the actions required to abate the violation and the time limit \Nithin which the
violation must be abated. The notice shaH further state that if the violation is not
remedied within the time specified. the city will take whatever steps may be
necessary to remedy the violation and that the owner, occupant, or person in
control of the premises, or all of them. will be billed for the actual costs incurred
by the city, including the costs of inspection.
429: IMMErnt\ TE HEAL TH Hi\ZAR~
B. EmerQency Abatement: Should an enforcement official determine that a
violation exists on any premises which may pose an immediate health
hazard ,A Determination Of Violation: Should the City Administrator or
his author~ repre&efltatives determine theit 3 violation of the pro'Jisfe.ns
of Section "1 2 3, 4 2 4 or '1 2 5 of this cheipter exists on any premises,
the City Health Inspector, upon receiving a report describing such
violation, shall make an immediate inspection or investigation of the
premises to determine whether the violation presents an immediate
hazard to the health or safety of any person.
B. Notice Of Violation:
1. If such a violation is determined to exist by the City Health Inspector,
he/she shall prepare a written notice of the violation outlininq -:-Tfte
notice shall contain the following information:
a. The street address of the premises where the violation exists.
I
b. The name of th.e owners of the premises as shown on the
records of the County Auditor or Treasurer.
I
c. An itemized list of the conditions that constitute the violation.
I
d. A statement of the actions necessary to remedy the violation.
e. The date and time by which such violation must be corrected.
Such period for correcting the violation shall be not less than
two (2) hours nor more than two (2) days from the time such
notice is posted as provided in this section.
\ LI
2. The notice shall also state that if the violation is not remedied within
the period stated, the city will take actions necessaiy to remedy the
I violation as set fOlih in the notice and that .,.---:+:1he owner, occupant, or
person in control of the premises, or any and all of them, will be billed
for the actual cost incurred by the city, including the costs of
inspection.
I
3. The notice of violation shall be immediately posted on the premises
where the violation is located, which shall constitute sufficient notice
and ~€-fl-9tiGe-sh311 be m3i1eG,-Geftif-ie~F€turn recefjat
requested, to the O'.^fner and tho occup~mt or person in control of the
premises. If the return receipt is not returned, the posting of the notice
on the premises is sufficient grounds for the city to remedy the
violation and charge the costs thereof to the owner, occupant, or
person in control of the premises.
C. Abatement By City; Costs: If a violation is not remedied within the period
stated in the notice provided to the owner, occupant and/or person in
control of the premises, the violation has not been remedied 'l.'ithin the
f}eriod s~ecifie€l--ef:l.-#l.e-AetiBe,the City Health Inspector or enforcement
official hi~ authorized represontative shall arrange for immediate dispocal
I abatement of the condition creating the violationh3zard. As soon as the
abatement work is completed and the costs determined, the City Health
Inspector or enforcement official shall prepare a written notice to the
owner, occupant and/or person in control of the premises identifyinq all the
work done and the costs and expenses involved, which shall be served
upon the owner of the property in person or by reqistered or certified mail,
addressed to the last known address of the owner. If the property is
unoccupied and the owner is unknown, the notice upon him/her may be
served bv posting of the notice on the premises. Such notice shall further
provide that if the total amount is not paid to the city within thirty (30) days,
the costs, expenses and maximum allowable interest shall be collected
,^,n itemized statement of the disposal CO Gte sh311 be prepared by the
Health Inspector and forNarded to the City Clerk. The City Clerk sh311 bill
the owner, occupant and/or person in control of such premises, or any of
#1em,fe-F-stlGA-Gests. If such costs are not paid 'NithiA-f:l:tifty (30) days, the
City Clerk "viii certify such costs to the County Auditor 3S 3n 3ssessment
against the property pursuant to Minnesota Statutes Sections 443.31 and
443.29. (Ord. 102, 12-15-1992)
\S
4-2-10: VIOLAT!ON A MISDEMEANOR: Any person, firm, or corporation
lJ\lhc vio!-atesvio!ating any of the provisions of this chapter &shall be guilty of a
misdemeanor, as defined bv state law and subject to the penalties therefore.
a-REl-eEach day in which such violation person continues ffi-viol3te the prov-i-&i-ef1-.s
eHhi~ cha~shall constitute a separate offense. (Ord. 102, 12-15-1992)
Ib
CHAPTER 4
WEEDS, GRASSES AND OTHER HARMFUL VEGETATION
SECTION:
4-4-1 : Findings; Purpose; Nuisance Declared
4-4-2: Definitions
4-4-3: Maintenance Standards
4-4-4: Permitting A Nuisance; Notice Requirements
4-4-5: Abatement Costs
4-4-6: Interference With City Officials
4-4-7: Penalties
4-4-1 : FINDINGS; PURPOSE; NUISANCE DECLARED: Noxious weeds
and other harmful vegetation create a detriment to public health, comfort and
convenience of the residents of the city as well as creating a general aesthetic
depreciation. The growth of such vegetation is hereby declared to be a nuisance.
The purpose of this chapter is to ensure proper maintenance of noxious weeds,
vegetation and grasses. The City Council finds that establishing a height
I limitation for certain vegetation is ef...illJhe best interest of the public health,
safety and welfare and is a reasonable maintenance standard. (Ord. 219A, 10-2-
2001)
4-4-2: DEFINITIONS: The following words shall have the meanings as
.specified:
GRASS: Any vegetative ground cover that does not include "noxious
weeds" as defined by State Statute or "natural area" as defined
by this chapter.
HEAVILY
FORESTED
AREA: Any area that is impractical to maintain due to the density of
trees.
NATURAL
I AREA: An area that does not include noxious weeds,,- tR-at-is purposely left
to grow in a natural state.>. and contains vegetation that can maintain
itself in a stable condition.
Ii
WEED
INSPECTOR: The City Administrator or his/her designee.
WEEDS: ~nclude all "noxious weeds" as defined by the statutes of the
State of Minnesota and all such useless and troublesome plants
as are commonly known as weeds to the general public. (Ord.
219A,10-2-2001)
4-4-3: MAINTENANCE STANDARDS:
A. Removal Of Noxious Weeds: All "noxious weeds", as defined by State
Statute, are required to be removed within ten (10) days of notification
from the city.
B. Grass Height Requirements:
1. Less Than One Acre: All properties less than one acre in size are
required to maintain a uniform grass height of less than eight inches (8")
with the following exceptions:
a. Wetlands.
b. Wetland buffer areas.
G. Storm water ponds.
d. Heavily forested areas.
e. Parks and nature preserves.
f. Natural area not to exceed one-quarter (1/4) lawn area.
g. Slopes greater than three to one (3:1).
2. More Than One Acre: All properties with a lot area greater than one
acre are required to maintain a uniform grass height of less than twelve
inches (12") in the following areas of the property:
a. In "public rights-of-way" as defined in Title 8, Chapter 2 of this
code.
b. An area thirty feet (30') in width adjacent to maintained lawns of
neighboring properties. This area need not exceed the minimum
front yard setback of the adjacent property.
\<6
c. All lawn areas within the minimum front yard setback that are
located directly in front of the dwelling. This area need not exceed
one hundred feet (100') in width.
d. On corner lots, all areas within the minimum side yard setback
that are adjacent to the side of the principal structure. This area
need not exceed fifty feet (50') in width.
e. Exceptions to these requirements include:
(1) Wetlands.
(2) Wetland buffer areas.
(3) Storm water ponds.
(4) Heavily forested areas.
(5) Parks and nature preserves.
(6) Agricultural property.
(7) Slopes greater than three to one (3:1). (Ord. 219A, 10-2-
2001) .
4-4-4: PERMITTING A NUISANCE; NOTICE REQUIREMENTS: The
weed inspector shall have the power to enter upon and inspect all public and
private places within the city and take all reasonable precautions to prevent the
commission and maintenance of public nuisances under this chapter. Whenever"
durinq an inspection. it is determined an adjacent property m'mer files 3
GOnip'~int that such a public nuisance is being maintained or exists on an
adjacont property in the city, the city shall inspect the property to determine the
validity of the complaint. If the complaint is valid, the city shall notify" in writing"
the owner/occupant of the premises of such fact and shall order that said
nuisance be terminated and abated. The notice shall be served in person or by
certified or registered mail, addressed to the last known address of the owner. Jf
the property is unoccupied and the owner is unknown. the notice may be served
by postinq of the notice on the premises upon which the violation is located. The
notice shall specify the steps to be taken to abate the nuisance and the time, not
I exceeding ten (10) days from the date of said notice, within which the nuisance is
to be abated. Such notice shall also state that in the event of noncompliance,
abatement will be done by the city at the owner's expense. VVhen no O'Hner,
ooGupant, or agent-ef-t-Re-ffiIVRe-F--Gan be found, notice ~ be seRt-by registered
or certified mail to the per~on '.vl1o i~ listed on tho rocord~ of the County ^uditor
or County Treasurer as the O'vvner. Service vlill be complete with mailing. (Ord.
219A, 10-2-2001)
\ r,
V/
4-4-5: ABATEMENT COSTS:
A. Liability For Costs: If the nuisance is not abated vvithin the period sTated
in the notice provided to the owner, the weed inspector may arranc:ie for
the immediate abatement of the nuisance. The owner of the premises
on which such a nuisance has been abated by the weed inspector shall
be personally liable for the cost to the city of the abatement, including a
twenty percent (20%) administrative cost.
B. Notice Of Costs: As soon as the abatement work is completed and the
costs determined, the weed inspector shall prepare a written notice ffi
'.".'riting to the owner-:-, identifyinq The notice shall st3te the work done and
a tabulation of the costs and expenses involved, aR4-which shall be
served on the owner or occupant of the property in accordance with the
individual notice provisions stated in Section 4-4-4 of this chapter. Such
notice shall further provide a tabu13tion of the total costs and expenses
1~I-indicate that if the total amount is not paid to the city
within thirty (30) days or before the follmving October 1, \vhichever is later,
the costs... aR4-expenses, and maximum allowable interest shall be
collected as an unpaid special assessment pursuant to Minn. Stat. ~
429.101. a lien in favor:-ef-tlie city, and maximum-aUewabl~
added to the amount due as of that date 'Nith a total coct, expenses and
penalties thereupon to be certified to the County ,^,uditor and entered by
him or her on his or her tax books as a lien upon such property. (Ord.
219A,10-2-2001)
4-4-6: INTERFERENCE WITH CITY OFFICIALS: It is a misdemeanor for
any person to prevent, delay or interfere with city employees or agents of the city
when they are engaged in the performance of duties set forth in this chapter.
(Ord. 219A, 10-2-2001)
4-4-7: . PENAL TIES:
A. Financial Penalty: Upon the first abatement of a nuisance, the pr9perty
shall be subject only to the costs outlined in Section 4-4-5 of this chapter.
An additional financial penalty will be imposed on properties that have a
I second nuisance abated.>. as defined determined by the City Council.
Each successive nuisance abated thereafter shall be subject to a
I cumulative penalty per occurrence as defined determined by the City
Council.
B. Misdemeanor Penalty: Any person violating any provision of this chapter
shall be guilty of a misdemeanor and, upon conviction thereof, shall be
punished in accordance with the provisions as defined by state law.
(J()
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 Councilmemebers
CC: Jim Dickinson, City Administrator
Will Neumeister, Community Developme
FROM: Angie Perera, Associate Planner~lv-R
DATE: May 19,2009
SUBJECT: Consider City Code Amendment/Changes to City Code Title 9/Regulations for
Single Family Units
INTRODUCTION
The draft amendment before you this evening incorporates changes to the Rental Housing
Dwellings, Chapter #8 of the City Code. The intent of the amendment is to facilitate a single
family market value preservation initiative by including rental license requirements for single
family dwelling units. The most prominent change proposed in the draft amendment attached,
includes the requirement of a rental license for single family dwelling units with the addition of
Section 9-8-12. The City Code currently only requires rental licenses for multi-family dwelling
units. The draft amendment provides minor changes to other sections within Chapter # 8 while
keeping all rental ordinances in the same chapter.
This item has involved discussion with the City Council at work sessions, the City Attorney, and
staff from other departments within the City. Similar communities such as Ramsey, Anoka, Coon
Rapids, and Otsego have been researched throughout this initiative. The initiative is being brought
forward to address the rising number of foreclosures. the need to preserve quality of housing stock
in the City of Andover. and to address two City Council 2007-2008 goals:
1. Initiate a program to maintain current housing stock and programs to help revitalize some
of the older neighborhoods and businesses.
2. Consider an ordinance regulating all rental property including townhomes and single
family residential.
Steps to implement the program:
1) Require a rental license application & nominal fee for single family units ($50)
2) Provide a service to the property owner/landlord in exchange for the application and fee.
Service consisting of educational materials (home and yard checklist, frequent questions
handout) and inspections of the property.
3) Exterior inspection only
4) Ordinance amendment accordingly
BACKGROUND
1
The details of this program and the administrative process for this initiative include discussions
with the City Council to date. The details consist of collaborations of input, feedback, and
research based on what neighboring communities require for rental licensing, direction given by
the City Council, and internal staff discussions between departments.
The Program
Staff has drafted the following materials for your review (which have been included as
attachments with this report): single family rental dwelling license application, frequently asked
questions pertaining to the single family rental housing program, and a home and yard checklist.
These materials will be dispersed upon request of an application and made available at city hall
and also on the City website.
The application fee is proposed to be $50, acknowledging that the fee most likely won't cover
the costs to administer the process but that it will allow staff to keep track of the rental
properties, have the contact information of the owner and renter, and allow an inspection to the
exterior of the property to help maintain and "preserve" the market value of the property and the
neighborhood.
Providing a service in exchange for requiring an application and fee for the license would most
likely entail that the city would issue a "home and yard checklist" and "frequently asked
questions" handouts that will serve as educational materials for the property owner and others.
These materials are intended to be utilized as tools that provide answers to potential questions
that may arise with this program and to provide insight to a potential landlord who is considering
having a tenant residing at, and caring for their property. The information includes nuisance and
other code related violations that could potentially occur and a "self maintenance" list of items to
inspect onsite to include the exterior portion of the building and property. The other part of the
service would be tracking the police/disturbance calls with the Sheriffs Department and
contacting the owner to inform them of any disturbing the peace calls.
Exterior inspections will be provided to the property owner/landlord at the time of the initial
application and also at the time of receipt of a complaint. A joint onsite inspection of the property
would be done by both a Planning and Building Department staff person.
Administrative Process:
The process will be similar to what staff already does for the multi-family rental dwellings with
the exception of Code Enforcement staff taking the lead in tracking code violation complaints
associated with single family rental properties. The City is in the process of implementing a
demonstration of a Permit Works, Business Module program to more efficiently track rental
properties and licenses.
City staff will send educational letters to non-homestead properties (as listed with Anoka
County) to inform them of the change of the ordinance once it is adopted. The letter will state the
requirement of rental licenses for single family dwellings and instruct the property owner to
apply for a rental license if they are renting out their property.
A single family rental license would be approved after successful completion of an onsite
inspection of the property. If any violations are found on a property, the property owner would be
2
notified in writing with instructions on required corrective actions needed to bring their property
into compliance by a deadline specified in their notice. If a property owner fails to successfully
pass an inspection upon initial or renewal application, then a license may be denied. Renewal
applications will be mailed to property owners as they become due.
Required inspections for the initial application and renewal application are included with the
proposed non-refundable application fee of $50. The property owner would be charged a $50 re-
inspection fee if any additional inspections are required upon city staff s receipt of any valid
complaint(s). A single family rental license may be revoked, suspended, or become provisional,
as specified in the draft ordinance amendment.
DISCUSSION
Minor changes have been included with the draft amendment and materials attached to
incorporate feedback from the April 28th City Council workshop session and from the Planning
Commission meeting and input received at the May 12th public hearing.
As originally conceived, this initiative was to be as least intrusive to property owners and their
tenants as possible by proposing to use the same policy for code enforcement process which is an
approved City Council policy. This policy consists of staff conducting an external inspection of
the property by driving by and making observations without entering onto the property. The City
Council has since expressed a desire to require staff to conduct an onsite inspect of the property
and the rear of the home and yard at their recent workshop on April 28th. City Council
recommended that the Planning Commission provide feedback regarding whether or not an
onsite inspection should be required and if so, to what extent. The Council also requested their
thoughts on the amount of the application fee.
Planning Commission recommendation
The Planning Commission was in favor of adopting an ordinance amendment to include
requirements for single family rental dwelling units with a 5 to 1 vote. One commission member
was not in favor of the ordinance amendment or new requirements as proposed. Two commission
members were supportive of adopting an ordinance amendment and requirements for single-
family units to be consistent with the requirements in place for multi-family units to include an
internal inspection of the dwelling unit. The other three commission members were in favor of
taking a "tip toe approach" at easing into the new requirements for single-family rentals with
requiring more than just a "drive by/windshield" inspection and also requiring an application fee
higher than $50 due to the additional time and involvement to administer the application and
inspections.
ACTION REQUESTED
The Council is requested to review and adopt the ordinance and also adopt the summary
ordinance that will be published in the Anoka Union. The Council is also requested to determine
the appropriate level of the application fee.
3
Summary Ordinance
Proposed Ordinance
Planning Commission Minutes
Respectfully Submitted,
Attachments
Application Form, Checklist, Frequently Asked Questions, draft ordinance amendment to City
Code
4
C I T Y o F SINGLE FAMILY DWELLING Application
NDOVE RENTAL LICENSE License No.
APPLICATION
----------
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
A Rental License Application is required to be submitted every two years for single family
dwelling units (One application is required per parcel identification number PIN#).
By applying for this license YOU are authorizin~ permission to City officials to enter onto the
property to conduct an onsite inspection to the exterior portions of the residential dwelling and
property upon the City's receipt of an initial application; renewal application; and a complaint
pertaining to a possible violation on the property.
A $50 FEE (NON-REFUNDABLE) FOR THE INITIAL & RENEWAL LICENSE APPLICATION MUST BE
RECEIVED PRIOR TO:
. THE REQUIRED ONSITE, INITIAL INSPECTION OF THE PROPERTY BY STAFF
. APPROVAL OF THE LICENSE APPLICATION
A $50 RE-INSPECTION FEE SHALL APPLY UPON RECEIPT OF A VALID COMPLAINT ANYTIME AFTER
THE INITIAL INSPECTION HAS BEEN CONDUCTED AND LICENSE HAS BEEN APPROVED.
Single family dwelling ____ Duplex ____ Twin home ----
l!i!lBtLlf~,...!t11
NAME: PHONE # EMAIL:
OTH E R #
ADDRESS: CITY: STATE: ZIP:
NAME: PHONE # EMAIL:
OTHER #
ADDRESS: CITY: STATE: ZIP:
-5-
required
City of Andover City Code Of Ordinances:
. Title 4 Public Health & Safety (Nuisances, garbage, trees, weeds, grass)
. Title 5, Chapter # 6, Noise Control
. Title 6, Chapter # 5, Abandoned, Disabled Vehicles
. Title 9, Chapter # 8, Rental Housing Dwellings
. Title 9, Chapter # 9, Housing Maintenance Codes
. Title 12 Zoning Regulations
. All other applicable sections of the Andover City Code of Ordinance as deemed
appropriate with this application
Minnesota State Statutes:
. As referenced in Title # 9, Chapter #8 of the Andover City Code of Ordinance
. MN State Statute 299F.50, carbon monoxide alarms
. MN State Statute 299F.51, requirements for carbon monoxide alarms
. MN State Statute 299 F.362, smoke alarms
. All other applicable MN State Statutes as deemed appropriate with this
application
The undersigned hereby applies for a single family rental dwelling license and
acknowledges receipt of City Code Sections 9-8-1 throuRh 9-8-19(Rental HousinR DwellinR
Code); The City of Andover's Home and Yard Checklist: and handout of Freauently Asked
Questions of the City of Andover's Single Family Rental Program. The undersigned also
acknowledges the applicability of other City of Andover ordinances and Minnesota State
Statutes as referenced above; and attests that the subject premises will be operated and
maintained according to the requirements contained therein, subject to applicable
sanctions and penalties. The undersigned further agrees that the exterior of the subject
premises may be inspected by the City's enforcement official as provided in Section 9-8-
12 for Single Family Rental License. The undersigned hereby certifies that the above
information is true and correct to the best of their knowledge:
Applicant Signature Date
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Frequently Asked Questions Page 1
Single family Rental Housing Program
1. Why is the City reauirina sin ale familv rental orooerties to be licensed?
Quality housing is a key component of a vital community. Preserving our housing stock, maintaining property values and
ensuring our housing is healthy"and safe benefits not only individual homeowners, but also the community at large. Each
year the City of Andover receives numerous calls from its citizens with property maintenance concerns. In response to
these inquiries, we have prepared this informational letter, checklist, and frequently asked questions.
This program also supports the following City Council's goals:
. To initiate a program to maintain current housing stock to help revitalize some of the older neighborhoods and
businesses.
. To consider an ordinance regulating all rental property including townhomes and single family residential.
2. How much will it cost to license mv orooertv?
Application Fee $50:
A renewal application and fee is required every two years and shall be due sixty (60) days prior to the license expiration
date. In the case of a new unlicensed rental dwelling, the license fee shall be submitted with the application. A license
fee shall be collected for each unit in a rental dwelling, except owner occupied units. There are penalties for renewal
applications that are received less than sixty (60) days before the beginning date of the renewal license period applied
for.
Re-inspection Fee $50: An initial inspection shall be required at time of application to which there will be no separate
inspection fee charge above and beyond the license application fee. A fee as set by the City Council shall be charged
thereafter for all re-inspections necessary upon receipt of any valid complaint(s) and a re-inspection of the property. The
re-inspection feels) will be payable at the time of license renewal for the property.
3. What data source(s} did the City use to determine whether or not a orooertv miaht be a rental'
orooertv?
Data from a variety of public information sources were used including Anoka County property and
tax records, and the State vehicle and driver's license registration information. Anoka County tax
records provides information regarding property owner name and address, non-homestead and
homestead classifications, and number of units in a structure. Property owners of properties
classified as non-homestead were identified as potential single family rental properties. Also, the
property was included in the database if there was a discrepancy between the County registered
property and licensing/registration information. Another way the data was retrieved was through
code violations and complaints and either reported or advertised as rental properties.
4. I am not rentina mv orooertv but for some reason it was included in the City's database. What
do I need to do to orove the orooertv is not beina rented?
You will need to submit written documentation to the City verifying that the property is not being
rented. The written documentation submitted will be reviewed and filed in your property address
folder and remain on record with the City of Andover. Submitting false information is considered
to be a violation of the Andover City Code of Ordinances.
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
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Frequently Asked Questions Page 2
Single family Rental Housing Program
5. I am rentina out a townhome unit that I own. Am I reauired to aoolv for a license?
Yes. The licensing ordinance applies to all dwelling units that are being rented out including
detached single family homes, town homes, duplexes, and apartments.
6. I own the orooertv but I am not livina there, mv dauahter is. Currentlv, I am not charaina her
rent. Is this considered a rental orooertv?
No. The ordinance defines a "rental dwelling" as: "any dwelling or dwelling unit used for residential
occupancy by one or more persons who are not the owner or a member of the owner's immediate family. "Rental
dwelling" does not include hotels, motels, and hospitals."
7. I own more than one rental orooertv in Andover. Do I need to obtain more than one license?
Yes. A license is required for each property that is being rented. This means that each separate
parcel ide ntifi cati 0 n number (PID) requires a separate license
since some addresses include
several different PIDs.
8. I live out-of-state. Do I need to hire a manaaement comoanv to oversee mv rental orooertv?
No. However, rental property owners must designate an agent who resides in the area. This agent
will be the City's primary contact and is responsible for the maintenance of the dwelling, receipt
of compliance orders and all other service associated with the license. A tenant may serve as your
agent; however, the City must be notified within five (5) business days of any change in the
identification of your agent.
9. After I aoolv for the license, what does the Citv review durina the licensina orocess?
When an application for a license is received, the City will be reviewing information on file to
verify that the property is in compliance with City ordinances and that utility bills have been paid.
In addition, police calls will be reviewed to determine if there are any conduct issues occurring on
the property.
10. How lona is the license issued for? Does the license need to be renewed?
A new application for a rental housing license is required every two years and as specified within
the time limit within Article 9, Chapter # 8 of the City Code. The City will send out renewal notices
prior to their expiration dates.
11. Does the license need to be keot at the rental orooertv?
Yes. The City will mail a license to the owner or residential agent, as applicable. The license must
be available upon request.
12. Are there anv oenalties if I choose not to license mv rental orooertv with the Citv?
Yes. Violation of the City's Ordinance is considered as a misdemeanor punishable by a maximum
S'\NDbVE~
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
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Frequently Asked Questions Page 3
Single Family Rental Housing Program
fine of $1,000 or 90 days in jailor both.
Other consequences: That does not include the consequences a property owner may encounter if
the property owner fails to get a rental license and deals privately with a tenant that fails to
maintain the property. In that situation perhaps numerous compliance orders were mailed to the
tenant who chose to ignore notifications by the City and then the property owner ends up in court
and may end up having to pay court costs and/or fines associated with violations that the property
owner never even created.
13. When will an insoection occur and what is the city staff lookina for durina the insoection?
Inspections: Inspections shall be required at time of receipt of an initial application or renewal application. Inspections
conducted anytime after the initial application or renewal application would be done only upon receipt of a complaint
regarding the property. Onsite inspection shall be conducted on the property to include only the exterior portions of the
rental dwelling unit and property. Exceptions include the following:
. In emergency and/or life threatening situations as deemed necessary by the Building Official, Fire Chief, and/or
designated representative as specified in Chapter 9-8-12 of the Andover City Code of Ordinances, inspections
may be conducted on the property to include interior and exterior portions of the rental dwelling only.
. No permission from the property owner shall be required to enter onto the property if the City abates (corrects)
the violation or hires a contractor to abate (correct) the violation(s) on the property as outlined in Title 4 of the
City Code, if there are failed attempts at bringing the property into compliance.
Violations: Violations may include but not limited to the following:
. Integrity of the exterior portions of the dwelling unit are deteriorating
. Condition and location of fences, retaining walls and accessory structures (and approved applications if needed)
. Exterior storage, parking, and condition of vehicles, trailers, boats, campers, RVs, trash, junk and items not
identified as permitted for exterior storage on properties within the residential district.
. Weeds/grass exceeding eight (8) inches in height or as specified per Article 4 of the City Code.
. Construction equipment, building materials and dumpsters on properties that do not have an active building
permit.
14. How do I know if the oropertv passed the inspection?
The City staff will mail you a compliance letter to the property that will identify whether or not
corrections are needed. If the Property does not pass the inspection, the compliance letter will
indicate the corrections needed and the timeframe in which they are to be completed.
15. If mv rental property fails the inspection, will mv license be revoked?
A compliance letter will be written to identify what corrections need to be made. This order will
establish a timeframe to correct the violation(s) and a re-inspection date will be scheduled. An
initial inspection shall be required at time of application to which there will be no separate inspection fee charge above
and beyond the license application fee.
A fee as set by the City Council shall be charged for all re-inspections necessary upon receipt of any valid complaint(s) of
the property. The re-inspection fee(s) will be payable at the time of license renewal for the property. If progress is not
being made on the corrections needed, the City Council does have the authority to require that a single family rental
<f\NDbVE~
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
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Frequently Asked Questions Page 4
. Single Family Re.ntal Housing Prog:ram
license become provisional as specified bv Section 9-8-11 of the City Code. The City Council may also revoke. suspend.
deny. or decline to renew a single familv rental license as specified within Section 9-8-14 of the City Code. The City
Council may furthermore. order the property to be abated if it is not brought into compliance or if repeat violations
continue to occur on the property.
16. Can the license be transferred?
No. No rental dwelling license shall be transferable to another person or to another rental dwelling. Every person
holding a rental dwelling license shall give notice in writing to the city within five (5) business days after having legally
transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name
and address ofthe person who has ownership or control of such dwelling or dwellings.
17. Is there anvthina else I should be aware of or information I should review?
You should start by reviewing the City of Andover's Home and Yard Checklist which will include
items that city staff will inspect on the property upon receipt of a single family rental license
application. Your property is required to be in compliance with all ordinances in the Andover City
Code and Minnesota State Statutes so you should become familiar with them! Although the
interior portion of the single family rental dwelling will only be inspected upon emergency or life
threatening situations, the property owner is required to be familiar with Minnesota State Statues
as referenced in Title 9, Chapter 8 of the City Code. Other Minnesota State Statutes you are
required to be familiar with include the following:
. MN State Statute 299F.50, carbon monoxide alarms
. MN State Statute 299F.51, requirements for carbon monoxide alarms
. MN State Statute 299F.362, smoke alarms
18. Are there thinas I should consider prior to rentina mv property?
It would be in your best interest in terms of your personal investment and legal obligations to
make sure you do your due diligence in considering all pros and cons prior to renting out your
property.
. A good piece of advice to start with would be to call your homeowner's insurance company
to find out whether or not the terms within your policy allow rental of the property. If so,
what are the details involved with the policy. Does anything in the policy change?
. What are your legal obligations?
. Whose name do you place on the utility bill? Keep in mind that any unpaid utility bills and
abatement of nuisances or code violation fees may be assessed to the property owner.
. Consider whether or not your property is adequately fit to be a rental property.
. Consider doing background checks and screening of your tenants and making sure you have
a good contract or agreement in place.
. Most importantly, you are the property owner and ultimately responsible for the property
and the maintenance of your investment!
19. Are there rental licenses other than sin ale familv rental license ? If so, are there different rules for
those other licenses?
Yes. There is also a regular and a provisional rental license. All three rental licenses are defined as follows:
~NDbVE~
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
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Frequently Asked Questions Page 5
Single Family Rental H'Qusing Program
Single-Familv Rental License: A rental license established for any rental dwelling with less than two (2) living units which
is subject to only exterior inspections with the exception of interior inspections in emergency or life threatening
situations as deemed by the Building Official, Fire Chief, and/or their designated representative.
Provisional Rental License: A Multi-Family or Single-Family Rental License that has certain provisions and/or criteria as
required by the City Council.
Multi-Familv Rental License: A rental license established for any rental dwelling with two (2) or more living units which
are subject to interior and exterior inspections.
20. If there are anv violations found on mv orooertv will mv aoolication be denied?
Possibly. When the City receives an application (initial or renewal application) an inspection will be conducted soon
thereafter. If a violation is found on the property at the time of an inspection, city staff will notify the property owner in
writing and list corrective action required to bring the property into compliance. City staff will conduct a second
inspection of the property after an instructed deadline has been given, and will verify for compliance of the property.
Your rental license application could be denied if you fail to bring the property into compliance or fails to rectify the
violations on the property. At the time of the initial application, previous police calls would not constitute a reason to
deny an application.
21. If I am a landlord. how do I ao about doina a criminal backaround check on a ootential tenant?
Please refer to the following website or contact information as listed.
Bureau of Criminal Apprehension
Minnesota Justice Information Services (MNJIS)
1430 Maryland Ave. E.
St. Paul, MN 55106
651-793-2400
http://www.bca.state.mn.us/CJIS/documents/CJIS-I ntro. htm I
9\NDoViI4
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
",13---
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. SUMMARY
-
AN ORDINANCE AMENDING CODE SECTIONS
9-8-1 through 9-8-18
(RENTAL HOUSING DWELLING 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 to
incorporate the addition of rental license requirements for single-family dwelling units.
Modifications have been made to definitions, license requirements, inspections,
investigations and maintenance, provisional rental license, and the addition of single-
family rental license requirements.
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 ofthe City of Andover on this 19th day of May, 2009.
ATTEST: CITY OF ANDOVER
Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor
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CHAPTER 8
RENTAL HOUSING DWELLINGS
SECTION:
9-8- 1: Purpose And Intent
9-8- 2: Definitions
9-8- 3: 9 8 3: License Required; Terms; Renewals Types of Licenses Required
9-8- 4: Application For Rental Dwelling License
9-8- 5: Fees
9-8- 6: License Terms And Renewals
9-8- 7: 9 8 6: Conditions Of License Issuance
9 8 7: Rene'Hal of License
9-8- 8: Inspections, Investigations And Maintenance
9-8- 9: Non-transferability Of License
9-8-10: Conduct On Licensed Property
9-8-11: Provisional Rental License
9-8-12: Sinqle Family Rental License
9-8-13: 9 8 12: Landscaping; Lighting; Snow Removal
9-8-14: 9 8 13: Fire Control Regulations
9-8-15: 9 8 1 II: License Revocation Or Suspension
9-8-16: 9 8 15: No Retaliation
9-8-17: 9 8 16: Summary Action
9-8-18: 9 8 17: Appeals
9-8-19: 9 8 18: Applicable Laws
9-8-1: PURPOSE AND INTENT:
A. Purpose: It is the purpose of this chapter to protect the public health,
safety and welfare of citizens of the city who have as their place of
abode a living unit furnished to them for the payment of a rental fee to
another. This chapter is the initial step in the city's effort to provide a
housing maintenance code.
B. Intent: It is the intent of this chapter that uniform standards be established
and applicable for all rental dwellings in the city. (Ord. 266A, 5-6-2003)
9-8-2: DEFINITIONS: The following words and terms used in this chapter
are construed and defined as follows:
IMMEDIATE FAMILY: Direct descendants. parents. qrandparents. siblinq or any
such person of traditional or blended family.
OPERATE: To charge a rental fee for the use of a living unit in a
rental dwelling.
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PROVISIONAL RENTAL LICENSE: A Reqular or Sinqle Family rental license
containinq certain provisions and/or criteria as required by the City Council.
MUL TI-FAMIL Y RENTAL LICENSE: A rental license established for any rental
dwellinq with two (2) or more livinq units which are subiect to interior and exterior
inspections.
RENTAL D\NELLlNG: Any building '....ith PNO (2) or more living units for
hire. "Rental dv.'elling" does not include hotels, motels and hospitals. (Ord. 266A,
5 6 2003)
RENTAL DWELLING: Means any dwellinq or dwellinq unit used for residential
occupancy by one or more persons who are not the owner or a member of the
owner's immediate family. "Rental dwellinq" does not include hotels, motels, and
hospitals.
SINGLE FAMILY RENTAL LICENSE: A rental license established for any rental
dwellinq with less than two (2) Iivinq units which is subiect to exterior inspections
only, with the exception of interior inspections in the event of emerqency or life
threateninq situations as determined by the Buildinq Official. Fire Chief. and/or
their desiqnated representative.
VALID COMPLAINT: A valid complaint is a violation that is visible at the time of
inspection.
9 8 3: LICENSE REQUIRED; TERM; RENE'NAlS: No person, firm or
corporation shall allow to be occupied or let to another a living unit in a rental
d'A'elling for which a license has not been granted by the city. There shall be two
(2) types of licenses: regular provisional. Each regular operating license shall be
issued biennially and shall expire on June 30 the second year after issuance.
License renewals shall be filed at least sixty (60) days prior to license expiration.
/\ provisional license shall be issued only upon approval by the City Council and
shall expire six (6) months after issuance; reference Subsection 9 8 11 B 1 that
sets forth criteria as to how a regular license may be reestablished. (Ord. 2661\,
5 6 2003)
9-8-3: TYPES OF RENTAL LICENSES REQUIRED:
No person, firm or corporation shall allow to be occupied or let to another a Iivinq
unit in a rental dwellinq for which a license has not been qranted by the city.
There shall be three (3) types of licenses: multi-family. sinqle family and
provisional.
9-8-4: APPLICATION FOR RENTAL DWELLING LICENSE: Applications
Requests for rental dwelling licenses shall be made in writing by the owner of the
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rental dwellino units or his/her leoally constituted aoent by submittino an
application to the city by the owner of the rental d'Nelling units or his/her legally
constituted agent.
Before any rental dwelling license shall be issued or renewed, the owner shall
complete an rental license application and allow an onsite inspection of the
property as necessary. Each parcel identification number requires a separate
application. The following persons shall be authorized to sign and
submit the application:
A. If the owner is a natural person, by the owner thereof.
B. If the owner is a corporation, by an officer thereof.
C. If the owner is a partnership, by a partner thereof.
The registration statement application shall be made on forms prescribed by the
city and
shall include:
A. The name~ aM address, and telephone numbers of the owner of the rental
dwellings.
B. The name~ aM address, and telephone numbers of any operator or agent
actively managing the rental dwelling. If "off site" provide further data as to 'A'ho it
ffi.:
C. If the operator or agent is a business entity, the application shall include
the names, telephone numbers, and addresses of individuals who will be
involved in such management, together with a description of the scope of
services and manner of delivering these services by the manager.
D. If the registrant applicant is a partnership, the name and address of all
partners.
E. If the registrant applicant is a corporation, the name and address of all officers.
F. If the rental dwelling is being sold on a contractfor deed, the name and
address of the vendees.
G. The legal address of the rental dwelling.
H. The number of units within the rental dwelling.
Notification by the rental operator shall be given to the city within five (5)
business days of witH any change of information as required~ and stated in the
initial application. (Ord. 266A, 5-6-2003)
revised on 5.14.09 Page 3
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9-8-5: FEES1 :
A. License Fees:
1. Fees Established~ AND Due Date And Pro ration: License fees as set by the
City Council shall be due sixty (60) days prior to the license expiration
date. In the case of a new unlicensed rental dwelling, the license fee shall be GHe
upon issuance of the Certificate of Occupancy submitted with the application. -I-A
the case of licensfng periods of less than two (2) years, license fees shall be
prorated monthly. A license fee shall be collected for each unit in a rental
dwelling, except owner occupied units. License fees are non-refundable.
2. Filing Due Date And Penalty: If aR a renewal application is made less than
sixty (60) days before the beginning date of the renewal license period applied
for~ then the fee shall be accompanied by an additional amount equal to one
hundred percent (100%) of such license fee. The additional amount shall
be a penalty for a late application, with the exception of the first year of the
adoption of this chapter. In no case shall there be a lapse in the license
period. The late penalty is established for those licensees who have failed
to submit an application as specified in this chapter. All new owners must
submit an application and obtain a new rental license; the old previously
approved rentallicense~ -is are not transferable.
B. Re inspoction Fee: ^ fee as set by the City Council shall be charged for
all re inspections necessary after the first re inspection. The re inspection
fee(s) '....ill be payable at the time of license renewal for the
property. (Ord. 266J\, 5 6 2003)
B. Re-inspection Fee: An initial inspection shall be required at the time of
application, the cost of which shall be included in the license application fee. A
fee~ as set by the City Council~ shall be charged thereafter for all re-inspections
necessary after the first re inspection necessitated by the receipt of any valid
complaint(s) of the property. The re-inspection fee(s) will be payable at the time
of license renewal for the property.
9-8-6: LICENSE TERMS AND RENEWALS:
A. Multi-Family and SinQle Family rental licenses:
Initial and renewal applications shall be issued for a period of two (2) years and
shall expire on June 30 the second year after the date that it was issued. The
license period shall commence on Julv 1 the date of the approved application.
Renewal applications shall be filed at least sixty (60) days prior to license
expiration date.
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B. Provisional Rental Licenses:
Provisional licenses shall be issued only upon approval by the City Council and
shall expire six (6) months after issuance. A multi-family or sinqle family rental
license may be re-established pursuant to Subsection 9-8-11 B1.
9-8-7: 9 8 6: CONDITIONS OF LICENSE ISSUANCE:
A. Compliance With Chapter: The city shall issue a rental dwelling license
if the building and the application are found to be in compliance with
the provisions of this chapter.
B. Conformance To Laws: No rental dwelling license shall be issued or
renewed unless the rental dwelling and its premises conform to the
ordinances of the city Andover City Code of Ordinance ;and the laws of the State
of Minnesota ;and all re-inspection fees have been paid. (Ord.1 See subsection 1-7-
38 of this code. 266A, 5-6-2003)
9 8 7: RENE'.'l'AL OF LICENSE: The license period shall commence on
July 1. IA. regular license shall be issued for a period of DNO (2) years. /\
provisional license shall be issued only upon approval by the City Council
pursuant to the requirements of Section 9 8 11 of this chapter for a period of six
(6) months; ref-erence Subsection 9 8 1181 of this chapter that sets forth criteria
as to hm\' a regular license may be reestablished. (Ord. 266J\, 5 6 2003)
9-8-8: INSPECTIONS, INVESTIGATIONS AND MAINTENANCE:
A. No rental dwelling license shall be issued or renewed unless the owner of
the rental units agrees in his/her application to permit inspections pursuant
to this section.
S. Every rental dwelling unit shall maintain the standards as stated in
Chapter 9, "Housing Maintenance Code", and standards established within all
other sections of the Andover City Code of Ordinance and Minnesota State
Statutes.
C. The Building Officiat aflG.-Fire Chiet and/or their designated
representatives are hereby authorized to make any and all inspections
reasonably necessary to tRe enforcement of this chapter.
D. Persons inspecting any rental dwelling~ as provided herein~ shall notify
the license holder of all violations, if any, by issuing a written compliance order.
Said compliance order shall direct that compliance on housing maintenance code
violations be made within in no more than seyen (7) days ten (10) business days
from the date of the notice, unless extended by the Building Official and!or.1-Fire
Chief. and/or desiqnated representative based on for good cause. (Ord. 266A, 5-
6-2003)
revised on 5.14.09 Page 5
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9-8-9: NONTRANSFERABILlTY OF LICENSE: No rental dwelling license
shall be transferable to another person or to another rental dwelling. Every
person holding a rental dwelling license shall give notice in writing to the city
within five (5) business days after having legally transferred or otherwise
disposed of the legal control of any licensed rental dwelling. Such notice shall
include the name and address of the person succeeding to the ownership or
control of such dwelling or dwellings. (Ord. 266A, 5-6-2003)
9-8-10: CONDUCT ON LICENSED PROPERTY:
A. Disorderly Premises: It shall be the responsibility of the licensee to see
that persons occupying the living units conduct themselves in a manner as
not to cause the premises to be disorderly. For the purpose of this section,
a premises is disorderly at which when any of the following activities occur:
1. Violation of the city's noise ordinance1.
1 See title 5, chapter 6 of this code.
2. Violation of state laws relating to the possession or sale of illegal drugs
or controlled substances.
3. Violation of disturbing the peace.
4. The unlawful sale of liquor.
5. Violation of laws relating to gambling.
6. Violation of state laws relating to acts of prostitution.
7. The unlawful use or possession of a firearm per state law.
8. Violation of Minnesota Statutes, Chapter 609 (i.e., disorderly conduct;
unlawful assembly; riot; terroristic threat; presence at unlawful assembly).
B. Enforcement Authority: The City Administrator shall be responsible for
enforcement and administration of this chapter. Authority to take any
action authorized by this chapter may be delegated to the City Administrator's
designee.
C. Other Rules: Other rules and regulations as stipulated set forth in Minnesota
State Statute Chapter 504B,standards established within all other sections of the
Andover City Code of Ordinance. and Minnesota State Statutes shall also apply
to this chapter.
D. Notice Of Violation: Upon determination by the city that a living unit was
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used in a disorderly manner, as described in this section, the city shall
give notice to the licensee of the violation and direct the licensee to take
steps to prevent further violations. The disorderly manner shall be as
defined in this section.
E. Second Instance: If a second instance of disorderly use of the living unit
occurs within three (3) months of an incident for which a notice was given
as specified in Subsection D of this section, the city shall notify the
licensee to submit a written report of the actions taken, and proposed to
be taken by the licensee to prevent further disorderly use of the living unit.
This written report shall be submitted to the city within five (5) days of
receipt of the notice/report of disorderly use of the living unit and shall
detail all actions taken by the licensee in response to all notices of
disorderly use of the living unit within the preceding three (3) months.
F. Third Instance: If a third instance of disorderly use of the living unit
occurs within three (3) months after ~my M'O (2) previous inst3nces a second
instance of disorderly use for which g, notices '.\lere was given to the licensee
pursuant to Subsections D and E of this section, the rental dwelling license for
the rental dwelling may be denied, revoked, suspended or not renewed. An
action to deny, revoke, suspend, or not renew a license under this
section shall be initiated by the city.L who shall give ta the licensee written
notice of a hearing before the City Council to consider such denial,
revocation, suspension or non-renewal. Such written notice shall specify
all violations of this section, and shall state the date, time, place and
purpose of the hearing. The hearing shall be held no less than ten (10)
days and no more than thirty (30) days from the date of such notice after giving
such notice.
G. Action Of The City Council: Following the hearing, the City Council may
deny, revoke, suspend or decline to renew the license for all or any part
or parts of the rental dwelling or may grant a license upon such terms
and conditions as it deems necessary to accomplish the purposes ofthis
section.
H. Eviction Proceedings: No adverse license action shall be imposed where
the instance of disorderly use of the living unit occurs during the pendency
of eviction proceedings (unlawful detainer) or within thirty (30) days of
notice given by licensee to a tenant to vacate the premises where the
disorderly use was related to conduct by that tenant or by other occupants
or guests of the tenant's living unit. Eviction proceedings shall not be a bar
to adverse license action, however, unless they are diligently pursued by
the licensee. Further, any action to deny, revoke, suspend, or not renew a
license based upon violations of this section may be postponed or
discontinued at any time if it appears that the licensee has taken
appropriate measures 'Nhich 'Nill to prevent further instances of disorderly
revised on 5.14.09 Page 7
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use.
I. Evidence Of Disorderly Manner: A determination that the rental dwelling
unit has been used in a disorderly manner as described in this section
shall be made upon substantial evidence to support such determination.
It shall not be necessary that criminal charges be brought in order to
support a determination of disorderly use, nor shall the fact of dismissal
or acquittal of such criminal charge operate as a bar to adverse license
action under this section.
J. Serving Notice: All notices given by the city under this section shall be
personally served on the licensee, sent by certified mail to licensee's last
known address or, if neither method of service effects notice, by posting
on a conspicuous place on the licensed rental dwelling.
K. Council Action Not Exclusive: Enforcement actions provided in this
section shall not be exclusive, and the City Council may take any action
with respect to a licensee, a tenant, or the licensed rental dwelling as is
authorized by this chapter, other sections of the Andover City Code of Ordinance.
or state law. (Ord. 266A, 5-6-2003)
9-8-11: PROVISIONAL RENTAL LICENSE:
A. Police Or Fire Calls: Licensed dwelling units that have generated two (2)
police calls per dwelling unit over any consecutive twelve (12) month
period during the license period shall only be eligible for a provisional
license at the time of next renewal, as specified in this section.
1. Police calls that are counted in determining whether a provisional
license is required include the following types of calls or events:
a. Calls or events listed in this section or Section 9-8-10 of this
chapter.
b. Calls or events categorized as part one crimes in the uniform
crime reporting system, including homicide, rape, robbery,
aggravated assault, burglary, theft, auto theft, and arson.
c. Calls or events categorized by the Public Safety Department:
miscellaneous juvenile status crimes; liquor offenses or curfew
violations; disturbing the peace or harassing communications;
property damage; criminal damage to property or trespass;
domestic incidents; public disturbance or disorderly conduct; loud
party or noise complaints; disorderly juveniles; assault in the fifth
degree or non-domestic related assaults. The Sheriff shall maintain
for public inspection a description of the coding system and a list of
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the codes and crimes included within each of these categories or
calls or events. The Sheriff may determine that multiple incidents
shall be counted as a single call in appropriate cases.
2. Calls not counted for purposes of determining whether a provisional
license is required includes calls where the victim and suspect are "family or
household members" as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subdivision 2(b) and where there is a report of
"domestic abuse" as defined in the Domestic Abuse Act, Minnesota
Statutes, Section 518B.01, Subdivision 2(a).
3. The city will provide a report by mail to each licensee for calls described
in this section. The violation report will describe the nature and type of call
that became an instance that will be counted for purposes of determining
whether the license will be denied, revoked, or suspended or not renewed.
4. The City Council may require a Sinole-Family Rental License become
provisional as specified in Section 9-8-12 (E) of this chapter.
B. Mitigation Plan: Prior to consideration of a provisional license, the
applicant for a provisional license must work with the city staff to prepare and
submit a mitigation plan to city staff to work out the details of a mitigation plan
and it must be reviewed and approved for approval by the City Council.
1. The mitigation plan shall describe steps proposed by the applicant to
reduce the number of police or fire calls described in Subsection A 1 of this
section over the six (6) month period of the provisional license to a level
that would entitle the property to qualify for a regular license at the end of
the six (6) month provisional license period.
2. The mitigation plan may include such steps as: changes in tenant
screening procedures, changes in lease terms, security measures, rules
and regulations for tenant conduct, and security personnel.
C. Decision Of City Council: The application and a proposed mitigation plan
will be presented to the City Councit together with a disposition
recommendation by the City Administrator. After giving the applicant an
opportunity to be heard and present evidence, the City Council shall
approve, disapprove, or approve with conditions the mitigation plan and
the provisional license. If the City Council disapproves an application and
mitigation plan~ or approves a provisional license with conditions, it shall
state -its the reasons for its decision so doing in writing.
D. Monthly Reports: The provisional licensee shall comply with the
approved mitigation plan. No later than the tenth day of each month, the
licensee shall mail or deliver to the city a written report describing all
revised on 5.14.09 Page 9
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steps taken in furtherance of the mitigation plan during the preceding
month. If the required monthly reports are not submitted in a timely
fashion by the property owner~ the city may begin proceedings to revoke
the provisional license for all or any part or parts of the licensed
premises. (Ord. 266A, 5-6-2003)
9-8-12: SINGLE FAMILY RENTAL LICENSE:
A. Inspections: Onsite inspections shall be required at the time of receipt of an
initial application or a renewal application and upon receipt of a complaint
reQardinQ the property.
1. Inspections may be conducted by the BuildinQ Official. Fire Chief, and/or a
desiQnated representative.
2. Inspections may be conducted on the property to include only the exterior
portion of the rental dwellinQ and property with the followinQ exceptions:
a. In emerQency and/or life threateninQ situations as deemed necessary
by the BuildinQ Official. Fire Chief. and/or desiQnated representative.
inspections may be conducted on the property to include the interior and
exterior portions of the rental dwellinQ and without permission from the
property owner.
b. Abatement may be scheduled for a property as outlined in Title 4 of the
City Code. if there are failed attempts at brinQinQ the property into
compliance. at which time no permission is needed from the property
owner to abate the property.
B. Re-inspection fees: Re-inspection fees shall only be required after receipt and
inspection of a valid complaint. Re-inspection fees shall not be incurred for
required annual inspections.
C. Enforcement: A violation shall be enforced as specified within the established
Quidelines process of the particular Title within the City Code of Ordinances
violated. (ie. A nuisance violation would be enforced throuQh the established
process within Title 4 of the City Code of Ordinance.)
D. City Council Action: Upon repeat violations. or failure of a property owner to
brinQ the property into compliance. the City Council may do any the followinQ:
a. Require a sinQle-family rental license to become provisional as
specified in Section 9-8-11 of this chapter.
b. Revoke. suspend. deny. or decline to renew a sinQle-family rental
license as specified in Section 9-8-15 of this chapter.
c. Order the property to be abated.
revised on 5.14.09 Page 10
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9-8-13: 9 8 12: LANDSCAPING; LIGHTING; SNOW REMOVAL: Each rental
dwelling shall be maintained by its owner, occupant, operator or agent so that the
yards, open spaces and parking facilities are kept in a safe and attractive
condition. In addition, adequate lighting facilities shall be provided and operated
between the hours of sunset and sunrise; and snow plowing or snow shoveling
shall be regularly accomplished to maintain all sidewalks and parking areas in a
safe condition. (Ord. 266A, 5-6-2003)
9-8-14: 9 8 13: FIRE CONTROL REGULATIONS: An owner, operator or agent
of a rental dwelling shall be responsible for compliance with the applicable
provisions of the fire code of the citY1, including the keeping of all fire lanes open
for emergency purposes. (Ord. 266A, 5-6-2003)
1 See title 7, chapter 2 of this code.
9-8-15: 9 8 14: LICENSE REVOCATION OR SUSPENSION:
A. Reason For Action: The Council may revoke, suspend, deny or decline to
renew any license issued under this chapter upon any of the following
grounds:
1. False statements on any application or other information or report
required by this chapter to be given by the applicant or licensee.
2. Failure to pay any application, penalty, re-inspection, or reinstatement
fee required by this chapter or resolution of the City Council.
3. Failure to correct deficiencies noted in notices of violation in the time
specified in the notice.
4. Failure to comply with the provisions of an approved mitigation plan in
the case of provisional licenses.
5. Any other violation of this chapter.
B. Applicable Sections: Revocation, suspension, and non-renewal may be
brought under eIDlef this section or Section 9-8-10 of this chapter.
C. Regular Multi-Family and SinQle Family License: A Regular Multi-Family or
SinQle Family license may be revoked, if at midterm, or not renewed, if at the end
of a term, upon a finding that the premises are only eligible for a provisional
license as provided in Section 9-8-11 of this chapter.
D. Written Notice: A decision to revoke, suspend, deny or not renew a
license shall be preceded by a written notice to the applicant or
licensee of the alleged grounds thereforeJ. and the applicant or
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licensee will be given the opportunity for a hearing before the City
Council before final action to revoke, suspend, deny, or not renew a
license.
E. Action Of City Council: The City Council shall give due regard to the
frequency and seriousness of violations, the ease with which such
violations could have been cured or avoided~ and good faith efforts to
comply~ and shall issue a decision to deny, not renew, suspend, or
revoke a license only upon written findings. The City Council may
suspend or revoke a license or not renew a license for part or all of the
rental dwelling.
F. Reinstatement Of License: Upon a decision to revoke, deny, or not renew
a license, no new application for the same facility will be accepted for a
period of time specified in a written decision of the City Council, not
exceeding one year. Such new applications must be accompanied by a
reinstatement fee, as specified by resolution, in addition to all other fees
required by this chapter.
G. No New Rentals: A written decision to revoke, suspend, deny, or not
renew a license or application shall specify the part or parts of the rental
dwelling to which this applies. Thereafter, and until a license is reissued or
reinstated, no living unit becoming vacant in such part or parts of the
rental dwelling may be re-Iet or occupied. Revocation, suspension, or
non renewal of a license shall not excuse the owner from compliance with all
terms of this chapter for as long as any units in the rental dwelling are
occupied.
H. Failure To Comply: Failure to comply with this chapter is a
misdemeanor. (Ord. 266A, 5-6-2003)
9-8-16: 9 8 15: NO RETALIATION: No licensee shall evict, threaten to evict, or
take any other punitive action against any tenant by reason of good faith calls
made by such tenant to law enforcement agencies related to criminal activity,
suspected criminal activity, suspicious occurrences, or public safety concerns.
This section shall not prohibitthe eviction of tenants from a dwelling unit for
unlawful conduct of a tenant or invitee or violation of any rules, regulations, or
lease terms other than a prohibition against contacting law enforcement
agencies. (Ord. 266A, 5-6-2003)
9-8-17: 9 8 16: SUMMARY ACTION: When the conduct of any licensee or
his/her agent, representative, employee or lessee or the condition of his/her
dwelling is detrimental to the public health, safety and general welfare as to
constitute a nuisance, fire hazard or other unsafe or dangerous condition~ and
thus give rise to an emergency, the city shall have the authority to summarily
condemn or close off such area of the rental dwelling. (Ord. 266A, 5-6-2003)
revised on 5.14.09 Page 12
U'
- ...-/
9-8-18: 9 8 17: APPEALS: Any person aggrieved by a decision of the city to
cease business or revoke or suspend the license shall be entitled to appeal to
the City Council immediately by filing a notice of appeal. The city shall schedule a
date for hearing before the City Council and notify the aggrieved person of the
date. The hearing shall be conducted in the same manner as if the aggrieved
person had not received summary action. The decision of the city shall not be
voided by the filing of such appeal. Only after the City Council has held its
hearing will the decision of the city be affected. (Ord. 266A, 5-6-2003)
9-8-19: 9 8 18: APPLICABLE LAWS: Licensees shall be subject to all of the
ordinances of the city and laws of the state related to rental dwellings. This
chapter shall not be construed or interpreted to supersed~ or limit any other such
applicable ordinance or law. (Ord. 266A, 5-6-2003)
revised on 5.14.09 Page 13
--- '&7--
S'\NDbVE~ @
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 Works/City Enginee;t::V
FROM: Todd J. Haas, Lower Rum River Water Management Organization
SUBJECT: Discuss Lower Rum River WMO 3rd Generation Plan- Engineering
DATE: May 19,2009
INTRODUCTION
The City Council is requested to discuss the status of the Lower Rum River WMO
(LRRWMO) 3rd Generation Comprehensive Watershed Management Plan and discuss
items that will have an impact to all the cities that are part of the organization.
DISCUSSION
Watersheds were created by the state and each watershed is required to develop
comprehensive watershed plans to provide guidance to member cities (in this case it is
Andover, Anoka, Coon Rapids and Ramsey) and the development community to ensure
the surface water resources (lakes, streams, rivers, wetlands and storm water) within the
boundaries of theorganization are managed in a consistent, cost effective and
environmentally appropriate manner. Attached is the Executive Summary, current
boundaries of the organization, and the problem and mission statement that contains
the plan goals from the draft LRRWMO plan for your review.
All watershed plans are to be updated every 10 years and the LRRWMO plan is currently
past due. The board is working hard to get the draft plan completed so that the plan can
be reviewed by the various state agencies. As part of the update, there are certain items
that I would like input from the City Council on as I make decisions at the board meetings.
The items are as follows:
. Wetland buffer strips - The existing 2nd Generation LRRWMO plan has a policy
to require buffer zones of natural vegetation around ponds and wetlands to provide
habitat for wildlife and water quality. Buffers are now pretty much the norm in a
number of cities and watershed districts or watershed management organizations
throughout the Metropolitan area. Dennis Rodicker, Wetland Specialist from the
Anoka Conservation District, will be at the meeting to give a short presentation
about buffers, the benefits they have, and answer questions the City Council may
have.
The City of Ramsey recently repealed their buffer strip ordinance. If the LRRWMO
board does agree to have buffer strips in the new plan, each of the Cities in the
LRRWMO will be required to have buffers. Attached are the Coon Creek
Watershed District requirements which strongly encourages buffers and may be
required depending on certain types of activities. The City of Coon Rapids has a
buffer width ordinance of15 feet to 40 feet depending on the type of wetland.
Note: My recommendation at this time would be to approve the Coon Creek
Watershed District buffer strip rules (see attached).
. Wetland Inventories and Classification of Wetlands (MNRam) - Wetlands can
be classified into high, medium and low which can be determined under a process
called MNRam (Minnesota Routine Assessment Methodology). The City of
Andover has not classified the wetlands. There are some benefits to preparing
wetland inventories and classifying them. Dennis Rodacker will explain what the
benefits are if Andover wanted to do inventory and/or a MNRam.
The City of Ramsey has classified their wetlands so that if a property owner wants
to fill or alter a wetland, there may addition requirements to work within the wetland
or the City has the option of not allowing any kind of alteration in that wetland. To
do a MNRam for all the wetlands in Andover can be expensive. The City of
Ramsey has classified most (if not all) their wetlands in the city and the cost were
over $100,000. As mentioned, the City of Andover has not done a MNRam on
wetlands. In the past it has been on a case by case basis and any wetland
alterations have been reviewed by the LGU (either the LRRWMO or the Coon
Creek Watershed District). Any alterations would fall under the Wetland
Conservation Act (WCA) or other agencies such as the US Army Corps of
Engineers or the MNDNR. It is my recommendation that the current process
continue to be used.
When you are thinking about these items, are you seeing any positive or negative
trends within the WMO? If you think of more things that can be done to protect our
resources, now is a good time to discuss them.
The Minnesota Soard of Water and Soil Resources (SSWR) will be reviewing this plan
in detail to ensure compliance of the regulations. Recently there has been more
emphasize atthe state level to require watershed districtsdo more to protect surface
water resources, one of the reasons why watersheds were formed years ago as part
of the Minnesota State Statue.
ACTION REQUESTED
The City Council is requested to review and discuss the items above and direct staff on
recommendations for the LRRWMO 3rd Generation Watershed Management Plan.
Respectfully submitted,
~~
Todd J. Haas
Cc: Dennis Rodacker, Andka Conservation District
Attachments: Executive Summary, Location map of the LRRWMO, Problem and Mission
Statement, and Coon Creek Watershed District buffer strip requirements
Executive Summary
In compliance with the Metropolitan Surface Water Management Act, MS103B and Minnesota Rules
8410, the Lower Rum River Watershed Management Organization has prepared a comprehensive
watershed plan. The intent of the plan is to provide guidance to the Member Cities and the
development community to insure the surface water resources (lakes, streams, rivers, wetlands and
...
protected stormwater) within the boundaries of the organization are managed in a consistent, cost
effective, and environmentally appropriate manner.
Purpose
The purpose of the Lower Rum River Watershed Management Organization (WMO) is to provide
for: conservation of water and natural resources; prevention and alleviation of flood damage; and
regulation of creeks, lakes, water courses and stormwater conveyance systems for domestic,
recreational and public use across municipal boundaries.
To achieve this purpose, .state law gives watershed management organizations several powers, among
which are:
1. Responsibility for preserving natural retention areas.
2. Preparation of plans for water management.
3. Review of municipal water management plans and of projects directly affecting the water
Resources of the watershed.
4. Review of local land use in the absence of an approved municipal surface water management
plan.
5. Collection of data.
6. Conducting of studies and investigations.
7. Construction of improvements, either in response to petition or on the initiative of the WMO.
8. Levying of taxes and assessments for the financing of the previously mentioned activities and
for general administration of the organization.
Water Management Plan 1
P:\Mpls\23 MN\02\2302047\WorkFiles\3rd Gen WMP\LRRWMO_3rd Gen WMP_June 2008.doc
General Boundaries and Membership
The Lower Rum River Watershed is located in the southwestern part of Anoka County adjacent to the
Mississippi River and covers approximately 56 square miles (see Figure 1). The following is a list of
the cities wholly or partially included within the legal boundary.
. Coon Rapids
. Anoka
. Andover
. Ramsey
Additionally, the watershed has been further divided into subwatersheds, each with its own outlet or
outlets to the Rum and Mississippi Rivers.
History of Organization
The Lower Rum River Watershed Management Organization (WMO) was formed by a Joint Powers
Agreement (JPA) (see Appendix A) entered into in the Summer of 1985 for the purpose of preparing
a water management plan to meet the requirements of Minnesota Statutes Sections 473.875 to
473.883, the Metropolitan Water Management Act (MWMA). The JPA was revised in 1995 to
include recent changes in state statute, 8410 Rules and the Wetland Conservation Act and cost
sharing for WMO projects and re-approval in 2008.
Water Manag m nt Plan 2
P:\MpIs\23 MN\02\2302047\WorkFiles\3rd Gen WMP\LRRWMO_3rd Gen WMP_June 2008.doc
UPPER RUM
RIVER WMO
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~ -----WMO BOUNDARY
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o LOWER RUM RIVER WATERSHED FIGURE NO. 1
o
~ MANAGEMENT ORGANIZATION LOCATION MAP
~ WA TERSHED MANAGEMENT PLAN
o
_J
Problem and Mission Statement -
The most logical first step in any comprehensive planning process is to clearly define the limits of
the project. One of the best ways to develop consensus among all concerned parties is to establish a
problem statement and a rrllssion statement. .-
Problem Statement
The increase in urbanization, with its associated runoff and sediment-related pollutants will
have an impact on wetlands and other water resources including the Rum River and
Mississippi River.
The Mission Statement represents the organizations attitudes related to surface water management.
To accomplish the goals and follow the policies and standards, the organization must have a single,
consistent philosophy. The mission statement focuses on what is to be accomplished; the plan
focuses on how it is to be accomplished.
Mission Statement
The Lower Rum River Watershed Management Organization, in cooperation with Anoka
County, state and federal agencies, and its member communities will prepare and
implement a watershed plan which will accommodate anticipated community development
and redevelopment while providing clear direction to the member communities for
controlling the quality and quantity of stormwater runoff and properly managing surface
and groundwater resources and the physical habitat of existing wetlands, lakes and the
Rum and Mississippi Rivers, in a consistent fashion.
Plan Goals
The plan identifies several specific goals on which to base water resources planning and management
functions. The goals of this plan were established in accordance with the purpose of the water
management programs required by Sections 103B.201 to I03B.25L
Water Quantity
Control flooding and minimize public capital expenditures.
Water Quality
Achieve water quality standards in WMO lakes, streams, rivers, and wetlands consistent with
intended use and classification.
Recreation, Fish and Wildlife
Protect and enhance water recreational facilities, fish and wildlife habitat.
Water Management Plan 4
P:\Mpls\23 MN\02\2302047\WorkFiles\3rd Gen WMP\LRRWMO_3rd Gen WMP_June 200S.doc
Public Participation, Information and Education ~"
Increase public participation and knowledge in management of the water resources of the community.
Public Ditch System r
Maintain ditch system to convey water to maintain defined flood levels which protect business and
residences.
Groundwater
Promote ground water recharge and prevent contamination of the aquifers.
Wetlands
Maintain the amount of wetland" acreage and try to increase the wetland values within the Watershed.
Erosion Control
"
Prevent soil erosion.
Regulatory Responsibility
Recognize the regulatory authority of other local, state and federal entities.
Finance
Equitably finance water resource management activities of the WMO.
R cords Management and Documentation
Member Cities shall preserve historic data, records, and files pertaining to the water resources of the
Lower Rum River Watershed.
Assessment of Problems
Rum River Dam: A Priority
The Rum River dam, currently owned by Anoka, is the most significant regional feature of the
WMO.
In 1996 a complete inspection was undertaken. In 2006 eleven energy dissipater blocks at the bottom
of the spillway were replaced. WMO participation in the current inspection and future repair is
warranted. Without the dam, the environmental nature of the upstream pool will be greatly impacted.
Additionally, property values along the river will likely go down if the dam is not maintained.
Maintaining the integrity of the dam should be a high priority of the WM01 h fA. + lI"(p T-b-rklt....
. Ii I ,f}t,,;'tl
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tt W -f-(? T(.(.,j,Le. b~~ t.J1 P..<./t/ '/l.'t/ft/f,~/?<W
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tr,;;., c~., O""i st'htt. tt :0 Il. .
Water Management Plan 5
P:\Mpls\23 MN\02\2302047\WorkFiles\3rd Gen WMP\LRRWMO_3rd Gen WMP_June 2008.doc
. County Ditch Issues ~.
Additional identified problems revolve around continued development and the absence of a formal
drainage system analysis. Floodplain issues exist relative to several county ditches. Ownership and
maintenance questions exist with the county ditch systems. ,.
Stormwater Wetlands
The use of wetlands for stormwater detention has been the standard of practice in the Watershed.
Without a formal wetland protection strategy in place to manage and preserve the highest quality
wetland areas in the Watershed, wetland values and acreage will continue to be lost. The reliance on
wetlands for detention could change wetland functions and values for the worse.
Regulator Activities
The WMO actively permits development activity. The WMO is the local government unit (LGU)
administrating the responsibilities of the Wetland Conservation Act for Anoka, Andover, and
Ramsey.
High Groundwater Levels
High groundwater levels are noted in many areas, especially those landlocked portions of the WMO.
For those areas outside of the Metropolitan Urban Service Area (MUSA), high groundwater spells
. trouble for on-site septic systems.
Action Plans
Action Plans have been prepared for data collection programs, public involvement, wetland
management, and regulatory elements for each of the three minor watersheds (see Figure 2) The
Action Plans identify specific goals and activity steps. The activity steps are consolidated to form an
Implementation Plan, including schedule, responsible party(ies) and cost.
Action plans and the associated cost are as follows:
Purpose: To increase public awareness of the need
to protect the natural resource
watershed and to mak Iic an
active participa atershed
Manage trategies. ~
LO v-- ~. ~""'" I
1 0- Year Cost: e WMO shall-establish, undertake, and
lement a public involvement program
Anoka to I e citizen awareness, improve
Andover regional c tion, build consensus
Coon Rapids regarding waters otection strategies,
Ramsey initiate environmental e on in the
WMO community, and achieve the go thi
Other plan through active community
participation.
Water Management Plan 6
P:\Mpls\23 MN\02\2302047\WorkFiles\3rd Gen WMP\LRRWMO_3rd Gen WMP_June 2008.doc
.. t.. ". W.tf'~
Version Date 3/9/09 t I);.tt-..~.,.
Page 12 of 57
-
all proposed bridges and culverts shall be submitted t the
m rs when an application for a e e .
,-
Water inlets, cu e bridge approaches shall have
der and bank protection minimize soil
8.2 Buffer Strips Buffer strips are strongly encouraged and may be required of:
1. All proposed development except for that development which
meets waiver or variance criteria
2. All surface mining operations
3. All agricultural operations constructing new ditches
4. All parcels of land, structures, and activities that are causing
or contributing to:
a. Pollution, including nonpoint source pollution, of the
waters of the District
b. Erosion or sedimentation of stream channels
c. Degradation of aquatic or riparian habitat
The required width for all natural buffers (Le., the base width)
shall be a minimum of 15 feet, with the requirement to expand
the buffer depending on the character of the water resource
Water resource character Total Buffer Stri Width
Type 3, 4, or 5 wetlands
Lakes
25 Feet
Ditches or watercourses of
stream order 3,4,5
Type 1, 2, 6, 7 or 8 wetlands
Ditches or watercourses of 15 Feet
stream order 1, 2.
When buffer strips are required, a buffer plan shall be submitted
in conjunction with the required grading plan, and the natural
buffer should be clearly delineated on the final grading plan.
Permanent boundary markers, in the form of signage approved by
the Coon Creek Watershed District, should be installed prior to
final approval of the required clearing and grading plan.
8.3 Infiltration rmmmum, rec ar e ne mc storm rom
impervIOUS lltrated
Page 12 of 57
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 City Council
CC: Jim Dickinson, City Administrator
FROM: Michelle Hartner, Deputy City Clerk
SUBJECT: Consider Approval/Extension of Liquor License/BeefO'Brady's
DATE: May 19,2009
INTRODUCTION
Tony Zeece, BeefO'Brady's, has submitted a request for an extension of his liquor
license.
DISCUSSION
BeefO'Brady's is planning to hold an outdoor event May 23rd, 2009 Memorial Day
weekend and would like Council to approve an extension of their liquor license to include
a portion of the parking lot in front of the patio area. Previous Council discussion was to
limit these types of events to the months of June, July and August.
A Temporary Structure Permit Application for the tent has been submitted. The permit is
under review by Planning, Building and Fire Departments. The applicant will have to
comply with any comments they may have.
Tom Roberts, Stonewood Properties, Inc. the owner of Clocktower Commons has given
approval for the Beef 0' Brady' s to hold their outdoor event.
ACTION REQUIRED
Council is requested to consider the extension of liquor license request submitted by Beef
O'Brady's for May 23,2009.
Respectfully submitted,
(-f~-fru;v
Michelle Hartner
Deputy City Clerk
Attach: Outdoor Event Application
Temporary Structure Permit Application
Email from Tom Roberts, Stonewood Properties, Inc.
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
OUTDOOR EVENTS ARE PERMITTED ON WEEKENDS (FRIDAYS AND
SATURDAYS) IN JUNE, JULY AND AUGUST. ESTABLISHMENTS ARE
ALLOWED ONE EVENT WEEKEND PER CALENDAR YEAR. EVENT MUST
END AT MIDNIGHT.
Commercial Outdoor Event Application
~ FAA t/-
. ," Y"( ~ee-c -e
1. Name of Business Owner: I fY1.. '1 2:e-e C <:.. r CZ ." .
Name of Business: t5.e f:-:f: (() ( /3 r etofrJ i J
Address of Business: IS.I 9 ff 7>/tti ~ yt ,- ? II 'f
Phone Number of Business: 7 r;.5 ~ if:5 t.(-..l- 7 0 0
2. Date( s) of Outdoor Event: S / J--:S
.
3. Time of Event: tf - /;2.. f . n1 .
4. Location of Tent and/or Band: 'T..e-IJ f (s d )C s () \) w lit, j) IT -
(Provide a sketch on the back of this form detailing where the tent, sta~ and/or 11 0 btl /I1j
band will be located on the property, indicating lot boundary lines and building
locations. )
5. Security Provided: Yes ./ No
6. Extension of Liquor License: Yes ./ No
Applicant of this application will comply with Andover City Code 5-6, Noise
Control.
Dated: {'/5"hr 7~}~
Owner's Sign' e
Approved: Denied:
City Clerk
Council Action: _Approved Denied Date:
PROVIDE A SKETCH DETAILING WHERE THE TENT, STAGE AND/OR
BAND WILL BE LOCATED ON THE PROPERTY, INDICATING LOT
BOUNDARY LINES AND BUILDING LOCATIONS.
Nl-
_"",J
.
plOt B
'-- l
{ I I I ~
C I T Y ('I Ie
'-' L
J I\JDO'TE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304
MAIN (763) 755-5100 FAX (763) 755-8923. WWW.ANDOVERMN.GOV
TEMPORARY STRUCTURE PERMIT APPLICATION
NOTE: All information requested on this application is required. Failure to include any
required information will result in denial of the permit application. Please submit the
application at least 2 weeks before the structure is scheduled to go up to give staff time to
review the application and issue the permit before the sign goes up.
Business Name 3ee,j '0 !prcxcAt; 'J
Temporary Structure Location Address (S fro 81tt e b/rc/ ~"i r
#//1
,
Property Owner Name ~7- 7 /l1w-f/ -ceec~
l ~
Property Owner Signature I ~ 6 ~
Description of Temporary Structure Use
;0 i' )0 \ 7-e hI-
~ Sa 4 r-~C( 7
X
t11! e f1/I . lie?<; ?a y 1-5
I
~
Dates for Structure Use:
S-}-b
S-/z-Zr
- ,
Structure going up: Structure coming down:
,
I
Applicant's Name
Phone 7 b S .,- I..f~ c.;:-J-? 0 tJ
Applicant's Signature
Date .!>-/; I ~ '1
. I' ,
This application must include the following:
. A drawing showing the location of proposed structure on the property
. Plans showing proposed utilities to structure (electricity, water)
. Plan or scaled illustration of proposed structure.
Michelle Hartner
From: Matt Zeece _J~U_----- .
Sent: Thursday, May 14, 2009 1:16 PM
To: Michelle Hartner
Subject: Fw: Tent
----- Forwarded Message ----
From:
To: mhartner@cLandover.mn.us; "Zeece, Matt"
Cc: beefsandover@yahoo.com
Sent: Thursday, May 14, 2009 7:53:44 AM
Subject: Tent
I t is ok from us the Beef 0 Brady's has a tent party
Tom Roberts
Stonewood Properties, Inc
6484 Pinnacle Dr.
Eden Prairie, MN 55346
952-934-1423 office
952-934-4697 fax
1
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: Schedule June EDA meeting
DATE: May 19,2009
INTRODUCTION
The Council is requested to schedule an Economic Development Authority (EDA) meeting at
6:00 pm before the June 2, 2009 City Council meeting.
DISCUSSION
Tentative agenda items for a June EDA meeting have been identified as follows:
1. Progress Report - Bunker Lake Blvd Frontage Road Realignment
2. Approve Option Agreement Extension - Dynamic Sealing Technologies
3. Discuss Andover Station North Monument Signs
4. Discuss Business Outreach Program
5. Purchase Agreement/Letter of Intent/Progress Review
6. Other Business
Other items may be added upon request, or the meeting will be cancelled if no new
information comes forward on the identified agenda items.
ACTION REQUIRED
Schedule an EDA meeting at 6:00 pm before the June 2, 2009 City Council meeting.
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: Schedule June Council Workshop
DATE: May 19,2009
INTRODUCTION
The Council is requested to schedule a Council Workshop for the month of June for a number of
miscellaneous business items.
DISCUSSION
Potential agenda items for a general June workshop have been identified as follows:
1. Strategic Planning Session Follow Up
2. 2010 Budget Development Progress Report
3. 2011-2015 Capital Improvement Plan Development Progress Report
4. Water Quality Requirements - Lower Rum River Watershed District
5. Discuss Assessment Policy Manual
6. Continued Discussion on Alternative Energy Options
7. Implementation of Single Family Residential Market Value Preservation Program
Other items may be added upon Council request.
ACTION REQUIRED
Schedule a June Council workshop, a suggested date is June 23rd at 6:00 pm, or other dates or
times acceptable to the Council.
\.
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 Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Administrator's Report
DATE: May 19,2009
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
4. Legislative Updates
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.
~
()~rrW
DATE Mav 19. 2009
~ April 2009 Monthly Building Report
~ Feasibility Reportl09-22/ Bunker Lake Blvd. NW Frontage Road/Jay Street
Realignment
G:\STAFF\RHONDAA\AGENDA\CC L1ST.doc
? D-~' ~.
.D. [)'~_1-l)~
""'\. ----- CITY OF ANDOVER
~ 2009 Monthly Buildin2 Report
TO: Mayor and City Council
FROM: Don Olson
. .
APRIL
BUILDING PERMITS PermitIPlan Tax
Total Valuation
2 Residential $ 6,531.86 $
276.00 $ 6,807.86 $ 552,000.00
Single Family 2 6,531.86
276.00 6,807.86 552,000.00
Septic -
- - -
Townhomc -
- - -
2 Additions 773.68
13.80 787.48 27,600.00
2 Garages 581.95
9.65 591.60 19,300.00
3 Basement Finishes 300.00
1.50 301.50 -
2 Commercial Building 1,226.94
25.70 1,252.64 51,395.00
- Pole Bldgs/Barns -
- - -
1 Sheds 76.25
1.25 77.50 2,500.00
1 Swimming Pools 73.45
1.15 74.60 2,300.00
- Chimney/Stove/Fireplace -
- - -
2 Structural Changes 50.05
1.00 51.05 1,100.00
1 Porches 412.25
7.45 419.70 . 14,900.00
17 Decks 1,624.70
23.05 1,647.75 45,750.00
- Gazcbos -
- - -
2 Repair Fire Damage 2,469.10
142.93 2,612.03 285,869.00
27 Re-Roof 2,100.00
13.50 2,113.50 -
16 Siding 1,200.00
8.00 1,208.00 -
- Other - -
- -
2 Commercial Plumbing 245.44
3.50 248.94 6,300.00
- Commercial Heating -
- - -
2 Commercial Fire Sprinkler 65.38
2.00 67.38 5,230.00
- Commercial Utilities -
- - -
- Commercial Grading -
- - -
I
82 Total Building Permits $ 17,731.05 $
530.48 $ 18,261.53 $ 1,014,244.00
PERMITS Permit/Plan Tax
Total Fees Collected
-
82 Building Pcrmits $ 17,731.05 $
530.48 $ 18,261.53
- Ag Building -
- -
- Curb Cut -
- -
- Demolition -
- -
- Fire Permits -
- -
- Footing -
- -
- Rcnewal -
- -
- Movin~ -
- -
-
10 Heating 800.00
5.00 805.00
3 Gas Fireplaces 225.00
1.50 226.50
16 .Plumbing 695.00
8.00 703.00
7 Pumping 105.00
- 105.00
- Septic New -
- -
1 Septic Repair 75.00
0.50 75.50
2 Sewcr Hook-Up 50.00
- 50.00
2 Water Meter 100.00
- 100.00
- Sewer Change Over/Repair -
- -
- Water Change Over -
- -
2 Sac Rctainage Fee 40.00
- 40.00
2 Sewer Admin. Fee 30.00
- 30.00
2 Certificatc of Occupancy 20.00
- 20.00
2 License Verification Fee 10.00
- 10.00
- Reinspection Fee -
- -
8 Contractor License 400.00
- 400.00
11 Rental License 825.00
- 825.00
- Health Authority -
- -
-
150 TOTALS $ 21,106.05 $ 545.48
$ 21,651.53 $ 1,014,244.00
Total Number of Homes YTD 2009
5
Total N umber of Homes YTD , 2008
13
Total Valuation YTD I
2009 $ 1,990,282.00
Total Valuation YTD I
2008 $ 4,197,926.60
Total Building Department Revenue YTD 2009
$ 57,121.15
Total Building Department Revenue YTD 2008
$ 111,798.39
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I
I Feasibility Report
BUNKER LAKE BOULEVARDNW
I FRONTAGE ROAD REALIGNMENT
I CITY PROJECT NO. 09-22
I
I
I Prepared by:
Engineering Department
I City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
I
lf1tt1~ft\Z{t~~1;~~~~~~~~i!
I
I
I
I FEASIBILITY REPORT
BUNKER LAKE BOULEVARD NW FRONT AGE ROAD REALIGNMENT
CITY PROJECT NO. 09-22
I CITY OF ANDOVER, MINNESOTA
I
I
I
I
I I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I
am a duly Licensed Professional Engineer under the laws of the State of Minnesota.
I (J~c;).~.
I
David D. Berkowitz, P.E. CS
License No. 26757
I
I
I
I
I
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I ~NDbVE~
I 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US
I May 19,2009
Honorable Mayor and City Council
I City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
I Re: Bunker Lake Boulevard NW Frontage Road Realignment (C.P. 09-22)
Feasibility Report
I Dear Mayor and City Council:
I With your authorization, we are pleased to submit this feasibility report for realignment of the Bunker
Lake Boulevard Frontage Road east of Jay Street. The realignment would provide improved access to
parcels currently owned by the Prater's (Eddy's Auto Body) and Kottke's Bus Service Company.
I A feasibility study was initiated by the City Council on April 21, 2009 upon receiving petitions for the
improvements from the aforementioned parties.
I The project is proposed to be funded through special assessments to the benefiting properties and
through a maximum contribution of$150,000 from the Andover Economic Development Authority.
I The total estimated assessment to the Prater properties is $96,085.61. The total estimated assessment to
the Kottke's property is $48,042.80.
I We recommend that the City Council review this report and, if acceptable, proceed with the project as
proposed.
I Sincerely,
City of Andover Engineering Department
I ~Q,
I David D. Berkowitz, P.E.
Director of Public Works / City Engineer
I
I
I
I
I
I FEASIBILITY REPORT
BUNKER LAKE BOULEV ARD NW FRONT AGE ROAD REALIGNMENT
CITY PROJECT NO. 09-22
I
T ABLE OF CONTENTS
I
Overview Description Page
I I. EXECUTIVE SUMMARY I
I II. INITIATION OF REPORT I
III. LOCATION 1
I IV. EXISTING CONDITION 1
I V. PROPOSED IMPROVEMENTS 2
VI. RIGHT-OF-WAY /EASEMENTS 3
I VII. PERMITS 4
I VIII. MAINTENANCE IMP ACTS 4
I IX. ESTIMATED PROJECT COST 4
X. FINANCING OF IMPROVEMENTS 4
I XI. ASSESSMENTS 5
I XII. PROPOSED PROJECT SCHEDULE 5
I
APPENDIX
I Exhibit I: Project Location Map
Exhibit 2: Existing Layout / Removals
I Exhibit 3: Proposed Layout
Exhibit 4: Right of Way / Easements
Exhibit 5: Detailed Cost Estimate
I Exhibit 6: Preliminary Assessment Worksheet
I
I
I
I I. EXECUTIVE SUMMARY
Reconstruction of the existing Bunker Lake Boulevard NW Frontage Road east of Jay Street NW is
I proposed to improve access to parcels along the frontage road. The proposed realigmnent of the
frontage road would include a full access intersection with Jay Street NW approximately 250 feet
south of Bunker Lake Boulevard NW.
I The Prater property (Eddy's Auto Body) currently has a purchase agreement for redevelopment with
Kwik Trip, a gas station/convenience store. This redevelopment is contingent on improved access to
I the site through realignment ofthe frontage road. The project would also enhance the marketability
of the Kottke's parcels adjacent to the frontage road.
I The estimated cost ofthe improvements is $294,128.41. This estimated cost includes construction
costs and indirect City expenses (engineering, fiscal, and legal). On April 21, 2009, the Andover
I Economic Development Authority (EDA) approved a maximum contribution of $150,000.00
towards this project. The remainder of the improvement costs would be assessed to the benefiting
properties. The estimated assessment to the Prater parcels is $96,085.61. The estimated assessment
I to the Kottke's parcel is $48,042.80.
The project is feasible from an engineering standpoint.
I II. INITIATION OF REPORT
I The project was initiated by petition from owners of both benefitting properties (Prater's and
Kottke's). The Feasibility Report was authorized by the Andover City Council on April 21, 2009 to
I address the feasibility of realignment of the frontage road.
I III. LOCATION
The Bunker Lake Boulevard NW Frontage Road is located south of Bunker Lake Boulevard NW
I and east of Jay Street NW. The frontage road provides direct access to 1786 Bunker Lake Boulevard
NW (currently occupied by Eddy's Auto Body - owned by the Prater's), 1724 Bunker Lake
Boulevard NW (vacant parcel owned by the Prater's), 1716 Bunker Lake Boulevard NW (vacant
I building owned by Kottke's Bus Service Company), and 1714 Bunker Lake Boulevard NW (vacant
parcel owned by Kottke's Bus Service Company).
I Please refer to Exhibit 1 in the Appendix for a Project Location Map.
I IV. EXISTING CONDITIONS
Under existing conditions, the Bunker Lake Boulevard NW Frontage Road east of Jay Street NW
I connects into Jay Street approximately 60 feet south of Bunker Lake Boulevard. The frontage road
connects into Grouse Street NW approximately 900 feet east of Jay Street NW. The current Jay
Street/Frontage Road configuration does not allow south to eastbound or west to southbound turning
I movements, limiting access and minimizing vehicle stacking areas at the traffic signal at Jay Street
NW / Bunker Lake Boulevard NW. The proposed realignment ofthe frontage road would include a
full access intersection with Jay Street NW approximately 250 feet south of Bunker Lake Boulevard
I - 1 -
I
I NW. The key benefit provided by this realignment would be improved access to properties served
by the frontage road off of Jay Street NW.
I The City of Andover currently has trunk sanitary sewer, storm sewer, and water main located under
the existing frontage road alignment. The sanitary sewer and water main would be maintained under
the realignment scenario. A portion of the storm sewer would be removed and reconstructed to
I provide improved drainage for the new alignment and portions of the benefitting properties.
Please refer to Exhibit 2 in the Appendix for a depiction of the Existing Layout.
I
V. PROPOSED IMPROVEMENTS
I The improvements would include removal, realignment, and reconstruction of the Bunker Lake NW
I Frontage Road from Jay Street NW east for approximately 500 feet. The City of Andover
Engineering Department prepared the preliminary design for the proposed improvements. The
preliminary layout was reviewed for compatibility with redevelopment of the Prater property by
I Kwik Trip.
A. Utilities / Drainage
I Sanitary sewer and water main alignments within the existing frontage road right of way
would be maintained. A drainage and utility easement would be maintained over these
I utilities. Sanitary sewer and water service for the adjacent parcels would be maintained
through these utility lines.
I Storm water runoff is designed to be handled by a regional pond located east of Grouse
Street, approximately 700 feet south of Bunker Lake Boulevard. Runoff from the proposed
frontage road realignment and from the adjacent parcels will continue to be treated in this
I pond. When parcels tributary to this pond are redeveloped, it is a requirement of the Coon
Creek Watershed District that storm water runoff be pre-treated prior to discharge into the
regional pond to the maximum extent practicable. Pre-treatment can include grass swales,
I catch basin sumps, rain gardens, smaller intermediate ponds, or other acceptable measures.
This report considers costs associated with constructing a pre-treatment basin near the eastern
project limits, south ofthe new frontage road. Pre-treatment for this project is proposed to be
I handled in a pond in the southeast quadrant of the project, as well as through the construction
of sumps in all catch basins. The pond would handle pre-treatment for the new roadway, and
for 1716 Bunker Lake Boulevard NW (Kottke's), and 1724 and 1786 Bunker Lake
I Boulevard NW (Prater properties). Storm sewer internal to each parcel described above
would be required to route storm water runoff to this pond. The costs for internal storm sewer
are not included in this report, and they would be the sole responsibility of the developer /
I owner. The storm sewer in the roadway and the pond outlet are sized to handle this potential
runoff.
I B. Streets & Restoration
The existing frontage road from Jay Street NW to the eastern project limits will be removed.
I A portion of this area will become grass boulevard, and a portion will likely become parking
for the proposed Kwik Trip site.
I - 2 -
I
I A portion of the existing concrete median and landscaping in Jay Street NW will be removed
to allow construction of the full movement intersection at the frontage road.
I The new frontage road access will be a T-intersection with Jay Street with westbound left
and right turn lanes, and an eastbound through lane. A southbound left turn lane will be
constructed on Jay Street NW. An existing northbound through lane on Jay Street NW will
I be restriped to provide a through/right turn lane at the frontage road.
Direct access from the new alignment is proposed in two locations for the K wik Trip site.
I The frontage road will provide improved access for the Kottke's parcels east of the project,
as well as directly south of the project.
I The frontage road will be constructed with 4" of bituminous over 8" of aggregate base. B618
concrete curb and gutter is proposed along the entire frontage road. B612 curb and gutter
will be used to match into the existing median in Jay Street NW.
I Construction of the roadway and pond will result in an excess of material. This material can
be utilized to fill in where the existing roadway will be removed, and also can be utilized on
I the proposed K wik Trip site. Additional borrow material will likely be needed for the K wik
Trip site, even after utilizing the material generated with the pond and roadway constructIon.
I Please refer to Exhibit 3 in the Appendix for a depiction of the Proposed Layout.
I VI. RIGHT-OF-WAY /EASEMENTS
I The new frontage road realignment would require dedication of a 60' right of way from the Prater
properties (1724 and 1786 Bunker Lake Boulevard). The dedicated right of way (or roadway
easement) would be approximately 33,000 square feet. The existing right of way over the existing
I frontage road alignment would be vacated and approximately 17,100 square feet of that would be re-
dedicated as drainage and utility easement. A drainage and utility easement is necessary to maintain
the existing sanitary sewer and water main lines. A variance would be needed for K wik Trip to
I encroach into this easement for construction of their parking lot. This variance and encroachment
agreement would include the understanding that all costs for removal and replacement of
improvements on the site within the easement would be the sole responsibility of K wik Trip should
I large scale repairs or maintenance be required on the existing sanitary sewer or water main in this
location.
I The frontage road re-alignment would also require a small amount of right of way or roadway
easement to be dedicated to the City in the northwest comer of 1716 Bunker Lake Boulevard NW
(Kottke's). Dedication of this area would allow for construction of20 mph curves at the easterly
I connection with the existing frontage road. These curves would improve traffic flow, particularly
for larger vehicles (buses, tanker trucks, etc.) This area would be triangular, approximately 210
square feet, and would extend from the westerly property line of 1716 Bunker Lake Boulevard NW
I where the 60' right of way ends on the Prater parcels and intersect the existing right of way at the
point oftangency with the roadway.
I Ten foot (10') wide temporary construction easements would be necessary on the west side of 1716
Bunker Lake Boulevard NW to construct the proposed pond and pond outlet and also along the
I - 3 -
I
I northern property line of 13625 Jay Street NW to facilitate tree removal and grading along the
frontage road.
I The ponding area (approximately 12,400 sf) would be dedicated by the Prater property (Kwik Trip)
as Drainage and Utility Easement on the southeast corner of 1724 Bunker Lake Boulevard NW.
I The right of way I roadway easements, drainage and utility easements, and temporary construction
easements shall be acquired at no cost to the City and shall be recorded prior to bidding the project.
I Please refer to Exhibit 4 in the Appendix for a depiction of the existing and proposed right of way
and temporary construction easements.
I VII. PERMITS
I Permits from the following agencies will be required for construction:
1. Minnesota Pollution Control Agency (MPCA) NPDES permit
I 2. Coon Creek Watershed District
3. Anoka County Highway Department
I VIII. MAINTENANCE IMP ACT
I No unusual maintenance concerns are anticipated by construction of the improvements as described
in this report. The proposed storm water pond and storm sewer outlet would need to be maintained
I by the City of Andover. Construction and maintenance of the internal improvements for the adjacent
sites would be the responsibility of the developer I owner.
I IX. ESTIMATED PROJECT COST
I The total estimated construction cost for the improvements is $235,941.79 The total estimated
project costs, including indirect costs is $294,128.41.
I The costs quoted within are estimates only and are not guaranteed prices. Actual project costs would
be based upon contractor bids and final project quantities.
I Please refer to Exhibit 5 in the Appendix for a detailed cost estimate.
I X. FINANCING OF IMPROVEMENTS
Financing of the proposed improvements would be through special assessments to the benefitting
I properties, as well as through a contribution not to exceed $150,000.00 from the Andover Economic
Development Authority (EDA). The EDA contribution would come from the existing TIF district.
The remainder of the project costs would be financed through the Permanent Improvement
I Revolving Fund and be reimbursed as the assessment payments are made.
I -4-
I
I XI. ASSESSMENTS
The total estimated project cost is $294,128.41. After subtracting the maximum $150,000.00
I contribution from the EDA, the outstanding balance to be assessed is $144,128.41. This remaining
balance would be assessed to the benefitting properties on a 2/3 to 1/3 ratio.
I Two-thirds of the balance ($96,085.61) would be assessed to the Prater properties at 1786 and 1724
Bunker Lake Boulevard NW.
I The remaining 1/3 ofthe bal'ance ($48,042.80) would be assessed to 1714 and 1716 Bunker Lake
Boulevard NW (owned by Kottke's Bus Service Company).
I Assessments would be spread over a maximum period of 10 years at 4.5% interest. The parties may,
at their discretion, payoff the assessment up front without interest, or make payments prior to the
expiration of the terms and incur only interest accrued up to the final payoff.
I The actual assessment amounts will be based upon actual quantities and unit bid prices. Any cost
I savings realized through the project shall be shared by all parties involved (EDA, Prater's, and
Kottke's) on a percentage basis proportional to each parties committed funding levels as depicted
below.
Entity Committed Contribution Share %
I EDA $150,000.00/$294,128.41 = 51.0%
Prater's $96,085.61 / $294,128.41 = 32.7%
Kottke's $48,042.80 / $294,128.41 = 16.3%
I
Please refer to Exhibit 6 in the Appendix for a preliminary assessment worksheet.
I XII. PROPOSED PROJECT SCHEDULE
I 1. City Council receives feasibility report and waives public hearing May 19,2009
I 2. City Council orders project and authorizes preparation of plans and specs May 19,2009
3. City Council approves plans and specifications and authorizes ad for bids June 16, 2009
I 4. Anticipated project approval from Coon Creek Watershed District June 22, 2009
I 5. Advertise for bids in the Anoka Union and Construction Bulletin June 26 - July 10, 2009
6. Receive bids July 22, 2009
I 7. City Council receives bids and awards contract August 18, 2009
I 8. Contractor begins construction August 31, 2009
9. Final project completion October 30, 2009
I
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I APPENDIX
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LOCATION MAP
FOR
BUNKER LK. BLVD. FRONTAGE ROAD REALIGNMENT
FEASIBILITY REPORT
CITY PROJECT NO. 09-22
ANDOVER, MINNESOTA EXHIBIT 1
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! I II II I--'
II /1 II' ffi
i i II II
: 1 II 1/
i i 'II!,J] n f\ /I II II
" "'17 <!), '-';:)11 /I II
!! :11 II II II
! i II/ /I II II
! ! ::: :::: :: 10' TEMPORARY CONSTRUCTION EASEMENT
i: III II /I II
I! II II /I II
j [ ,I II II II II ~ ~'\1 DEDICATED RIGHT OF WAY
,I II /I II II
! i II /I II /1 (PRATER PROPERTY)
i i III !I /I II'
"III 'I /I II I
" II :,,, II _ DEDICATED RIGHT OF WAY1(KOTTKE'S PROPERTY)
f-r + -r + -r~ VACATED RIGHT OF WAY
+ + + DEDICATED DRAINAGE & UTILITY EASEMENT
RIGHT OF WAY / EASEMENTS
EXHIBIT 4
I Bunker Lake Boulevard Frontage Road Realignment (C.P. 09-22)
Feasibility Cost Estimate
I Streets - Frontage Road
ITEM TOTAL UNIT
NO. DESCRIPTION UNIT QUAN. PRICE
TOTAL
I 1 Mobilization LS 1.00 $ 7,500.00
$ 7,500.00
2 Traffic Controi LS 1.00 $
1,000.00 $ 1,000.00
3 Clear & Grub Trees EACH 58 $
150.00 $ 8,700.00
4 Clear & Grub in Median EACH 10 $ 80.00
$ 800.00
5 Sawcut & Remove Existina Bituminous SY 1800 $ 3.00
$ 5,400.00
I 6 Salvaoe & Reinstali Chain Link Fence LF 200 $
10.00 $ 2,000.00
7 Remove & Disoose Chain Link Fence LF 580 $ 3.50
$ 2,030.00
8 Saw Cut & Remove Concrete Curb & Gutter LF 1760 $
4.00 $ 7,040.00
9 Saw Cut & Remove 4" Concrete Pavement SY 180 $
8.00 $ 1,440.00
10 Remove Citv Street Liaht LS 1 $ 2,400.00
$ 2,400.00
I 11 Remove Pavement Markinns LS 1 $ 500.00
$ 500.00
12 Remove & Disoase Existina RCP Storm Pipe LF 220 $ 5.00
$ 1,100.00
13 Remove & Disoose Existina RCP Storm Structure EACH 3 $ 375.00
$ 1,125.00
14 Abandon Sewer Service EACH 2 $ 400.00
$ 800.00
I 15 Abandon Water Service EACH 2 $ 400.00
$ 800.00
16 Relocate Hydrant EACH 1 $ 2,000.00
$ 2,000.00
17 Adiust Sanitarv Castinn EACH 1 $ 250.00
$ 250.00
18 Adiust Gate Valve Box EACH 2 $ 250.00
$ 500.00
19 Reoair Blvd Irrication LS 1 $ 900.00
$ 900.00
I 20 Reoair Median Irrication LS 1 $ 900.00
$ 900.00
21 Reoair Median Landscaoe LS 1 $ 750.00
$ 750.00
22 Common Excavation (EV) - Roadway CY 2375 $ 6.00
$ 14,250.00
23 Toosoil Borrow (LV) CY 420 $
14.00 $ 5,880.00
24 Subarade Preoaration Rd. Sta. 7.5 $ 125.00
$ 937.50
I 25 8" Aaareaate Base Class 5 TON 1390 $ 13.50
$ 18,765.00
26 2" Bit. Wear Course (2350 LV 4 (C)) TON 290 $ 68.00
$ 19,720.00
27 2" Bit. Non-Wear Course (2350 LV 3 (B)) TON 290 $
57.00 $ 16,530.00
28 2" Bit. Wear Course (2350 LV 4 IC)) Patch TON 60 $
95.00 $ 5,700.00
I 29 2" Bit. Non-Wear Course 12350 LV 3 (B)) Patch TON 60 $ 85.00
$ 5,100.00
30 Bituminous Tack Coat GAL 150 $ 2.00
$ 300.00
31 B612 Concrete Curb & Gutter Ihand formed) LF 375 $ 18.00
$ 6,750.00
32 B618 Concrete Curb & Gutter Imachine) LF 1320 $
16.00 $ 21,120.00
33 B624 Concrete Curb & Gutter Ihand formed) LF 95 $
22.00 $ 2,090.00
I 34 4" Concrete Median SF 1500 $
5.00 $ 7,500.00
35 Silt Fence, Tvne Pre-assembled LF 800 $ 3.00
$ 2,400.00
36 Seed Mulch & Fertilizer ACRE 0.80 $ 2,100.00 $
1,680.00
37 4" Solid Line White Latex Paint LF 140 $
1.00 $ 140.00
38 4" Double Solid Line Yellow Latex Paint LF 70 $
2.00 $ 140.00
I 39 Pavement Messace,White Latex Paint EACH 6 $ 150.00
$ 900.00
10% Contingency $
17783.75
Total
$ 195,621.25
Storm Sewer - Frontage Road
I ITEM TOTAL UNIT
NO. DESCRIPTION UNIT QUAN, PRICE
TOTAL
1 27" Catch Basin EACH 1 $ 1,700.00
$ 1,700.00
2 48" Catch Basin Manhole EACH 1 $ 2,000.00 $
2,000.00
I 3 12" RCP Storm PiDe LF 30 $
27.00 $ 810.00
4 15" RCP Storm Pi De LF 40 $
33.00 $ 1,320.00
5 21" RCP Storm Pioe LF 0 $ 50.00
$ -
6 15" RCP Apron wi Trash Guard EACH 1 $ 1,300.00
$ 1,300.00
I 7 UDsize Cost - 27" CB to 48" CB EACH 1 $ 300.00
$ 300.00
8 Uosize Cost - 12" to 21" RCP Storm Pioe LF 30 $
23.00 $ 690.00
9 Uosize Cost - 15" to 21" RCP Storm Pioe LF 40 $
17.00 $ 680.00
10 Uosize Cost -15" to 21" RCP Aoron wi Trash Guard EACH 1 $ 750.00
$ 750.00
11 Storm Sewer Inlet Protection . EACH 4 $ 125.00
$ 500.00
I 12 Random Rip Rap Class II CY 14 $ 85.00
$ 1,190.00
10% Contingency $
1.124.00
Total
$ 12,364.00
Storm Sewer - Pond and Outlet
I ITEM TOTAL UNIT
NO, DESCRIPTION UNIT QUAN. PRICE
TOTAL
1 Clear and Grub Trees EACH 20 $
150.00 I $ 3,000.00
2 Common Excavation IEV\ - Pond OnlY CY 1250 $ 6.00
$ 7,500.00
I 3 Cut into Existinn Storm Sewer EACH 1 $ 500.00
$ 500.00
4 48" Catch Basin Manhole EACH 2 $ 2,000.00 $
4,000.00
5 48" Outlet Skimmer Structure EACH 1 $ 2,400.00
$ 2,400.00
6 15" RCP Storm Pipe LF 155 $
33.00 $ 5,115.04
7 15" RCP ADron wi Trash Guard - Pond Outlet EACH 1 $ 1,300.00
$ 1,300.00
I 8 Tree Protection Fence LF 100 $ 3.00 I $
300.00
9 Storm Sewer Inlet Protection EACH 2 $ 125.00
$ 250.00
10 Seed, Mulch, & Fertilizer - Pond Area ACRE .0.5 $ 2,100.00
$ 1,050.00
10% Contingency $
2.541.50
I Total
$ 27,956.54
I Project Totals $
235,941.79 I
EXHIBIT 5
I
I PRELIMINARY ASSESSMENT WORKSHEET
Project Name: Bunker Lake Blvd Frontage Road Project No. : 09-22
I Feasibility Report FrontaQe Road Realiqnment
May 19, 2009 Amount: $ 294,128.41
I Contract Award Amount: $ -
Estimated Construction Streets $ 195,621.25
I Storm Sewer $ 12,364.00
Storm Sewer - Pond $ 27,956,54
Amount: $ 235,941.79
Estimated Expenses
I Engineering (Includes Inspection): $ 35,391.27
Consulting Costs $ -
I Aerial Mapping (1 % of street) $ 2,079,85
Drainage Plan (0.3% of street/storm) $ 707,83
Administration (3%) $ 7,078.25
I Assessing (1%) $ 2,359.42
Bonding (0,5%) $ -
Recording Fees I Legal & Easement $ 1,000.00
Advertising $ 750.00
I Permit and Review Fees $ 1,000,00
Street Signs (Materials and Labor) $ 3,500.00
Material Testing $ 1,500.00
Construction Interest $ -
I City Costs $ 2,820,00
Total Final Expenses $ 58,186.62
I Expenses Multiplier 24.6614%
Estimated Project Cost Amount: $ 294,128.41
I Maximum Contribution from EDA $ 150,000.00
Remainder to be assessed $ 144,128.41
I
Assessment Summary Est. Assessment
I Andover EDA $ 150,000,00
Prater's $ 96,085,61
Kottke's Bus Service Company $ 48,042,80
I Total Assessments $ 294,128.41
I
I
I
I City Project 09-22 EXHIBIT 6
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 May 19,2009 City Council Meeting
DATE: May 19, 2009
The City Council is requested to receive the following supplemental information,
Consent Items
Item #7. Approve Final PlatIW oodland Crossings 2nd Addition (Supplemental) - Planning
Discussion Items
Item #9, Consider Conditional Use PermitlUsed Vehicle Sale/3149 - 162nd Lane NW
(Supplemental) - Planning
Item #10. Consider Business License/Used Vehicle Sales/3149 - 162nd Lane NW (Supplemental)-
Planning
Item #11. Consider VarianceIMinimum Lot Width Requirements/17285 Round Lake Blvd. NW
(Supplemental) - Planning
Item #12, Consider Revised Planned Unit Development/ Andover Clocktower CommonslNE
Comer of Hanson and Crosstown Blvds. NW (Supplemental) - Planning
Item # 13, Consider City Code Amendment/Changes to City Code Title 4/ Abatement Process
(Supplemental) - Planning
Item #14. Consider City Code Amendment/Changes to City Code Title 9/Regulations for Rental of
Single Family Units (Supplemental) - Planning
-
1 Dickinson
Administrator
"
5'\NDbVE~ ~
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: James Dickinson, City Administrator irector /.,1-...
Will Neumeister, Community Developme
FROM: Courtney Bednarz, City Plann~
SUBJECT: Supplemental- Approve Final Plat/Woodland Crossings 2nd Addition - Planning
DATE: May 19,2009
INTRODUCTION
The drainage and utility easements are able to be reduced to ten feet on the perimeter of the final
plat instead of easements over the entire common area. The attached final plat has been revised
to reflect this adjustment
DISCUSSION
The preliminary plat also reflects ten foot wide perimeter easements. There is no reason to take
more easement than is necessary.
ACTION REQUESTED
Please approved the final plat with an adjustment to the first condition of approval as follows:
1. The final plat shall conform to the preliminary plat and planned unit development
resolution R017-06 and the final plat drawing stamped received May 19,2009.
Attachment
Revised Final Plat
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SANDbVE~ @
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: James Dickinson, City Administra~
Will Neumeister, Community Develop DirectortuL
FROM: Courtney Bednarz, City Plann4
SUBJECT: Supplemental - Item 9. Consider Conditional Use PermitIU sed Vehicle Sale/3149
162nd Lane NW - Planning
DATE: May 19,2009
INTRODUCTION
Staff was asked to provide a copy of the interim development standards adopted by the
Council on September 18, 2007.
DISCUSSION
This section of the City Code is attached.
ACTION REQUESTED
Please add these materials to your packet.
Attachment
City Code 12-13-22
C. Single-family dwellings other than approved earth sheltered homes shall
have at least a 4: 12 roof pitch and shall be covered with shingles or tiles.
This requirement shall not apply to three-season porches, four-season
porches, greenhouses and solariums, provided they meet the State
Building Code and are approved by the Building Official.
D. All single-family dwellings shall have roof overhangs that extend a
minimum of one foot (1') from all the walls of the structure unless the
style of the house dictates otherwise and said plan is approved by the
Building Official prior to any permits being granted.
E. All single-family structures must be built in conformance with Minnesota
statutes sections 327.31 to 327.35 or the State Building Code as
adopted in Section 9-1-1 of this code.
F. Any metal siding upon single-family residential structures shall have
horizontal edges and overlapping sections no wider than twelve inches
(12"). Sheet metal siding shall not be permitted in such districts.
G. All exterior construction, including finish and the final grading, shall be
completed in accordance with plans and specifications within one year
following date of permit issuance. All existing buildings not meeting the
provisions of this title shall comply within one year following adoption of
this title. (Amended Ord. 8, 10-21-1970; amd. 2003 Code)
12-13-22: INTERIM PERFORMANCE STANDARDS:
A. Purpose: Interim performance standards are intended to establish an
alternative level of site improvements for properties located in the rural
industrial area generally referred to as the Hughs/Westview industrial park
area. The City acknowledges that the lack of municipal utilities limits the
development potential of these properties. These performance standards
are intended to allow continued use, expansion and redevelopment with a
level of site improvements that is commensurate with the development
potential of the properties.
B. Applicability and Scope: This section shall apply to any expansion of use
requiring a conditional use permit or commercial site plan on all properties
generally described as the Hughs/Westview industrial park area and
legally described as the southwest quarter of the northwest quarter of
Section 16, Township 32, Range 24, Anoka County, Minnesota and the
west half of the west half of the southeast quarter of the northwest quarter
of section 16, Township 32, Range 24, Anoka County, Minnesota.
C. Procedure: Applications shall be processed under the Conditional Use
Permit procedures described in City Code 12-14-6 except as follows:
1. Application: The property owner or designee shall submit a complete.
application to the Community Development Department. A complete
application consists of the following:
a. A completed Conditional Use Permit form and fee as described
in City Code 1-7-3.
b. A site plan that describes all of the existing and proposed site
improvements, including the dimensions of the property, buildings,
parking, landscaping and storage areas and distances from
property lines.
c. A letter describing the existing use of the property, the proposed
use of the property and all of the proposed site improvements.
d. Other information deemed necessary by staff to review the
request.
2. Council Determination: The City Council shall approve or deny the
application based on the factors established in this section. The City
Council may attach such conditions as they determine necessary to
provide the appropriate level of site and building improvements to
accomplish the purpose of this section. The level of required
improvements shall be determined on a case-by-case basis. Applications
shall be reviewed based on the following factors:
a. Existing appearance of the building and site;
b. Compatibility of the proposed site development plan with the
other industrial properties in the area;
c. Effect of the proposed use and the proposed site development
plan on the adjacent residential neighborhood, including traffic,
noise, glare, buffers, and environmental impacts;
D. Deviations to the performance standards will be considered in the
following areas:
1. Parking and Impervious Surface Areas:
a. Screening, landscaping, visual appeal, and lighting of parking lot
areas.
b. Paving of parking areas for customers.
c. Dust control measures for unpaved parking and storage areas.
2. The amount, type, location, and screening of exterior storage requested
as a part of any Conditional Use Permit.
3. Screening of mechanical equipment and trash bins/dumpsters.
4. Other factors related to the new development proposal, as the City
Council may deem relevant.
E. Term of Approval: Interim performance standards approved under this
section shall endure until City sewer and water are extended into the area
affected by this section. At that time, any future expansion or
redevelopment of the affected properties shall be required to fully conform
to the regular performance standards of City Code 12-13.
F. Other Requirements: Proposed improvements or changes in use will be
reviewed by the Building Official and Fire Chief. They will make a
determination of whether or not the building(s) on the site need to be
brought into compliance with applicable building and fire codes. Site
improvements must also be made to meet the requirements of the
National Pollutant Discharge Elimination System (NPDES). No portion of
this section shall be used to vary from these requirements. (Amended
9/18/07; Ord. 353)
q(-I~~
"
5'\NDbVE~
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI,ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: James Dickinson, City Administrator
Will Neumeister, Community Development
FROM: Courtney Bednarz, City Plannf
SUBJECT: Supplemental- May 12, 2009 Planning Commission Minutes.
DATE: May 19,2009
INTRODUCTION
Minutes for the following items are attached:
9. Consider Conditional Use PermitlUsed Vehicle Sale/3149 162nd Lane NW - Planning
10. Consider Business LicenselUsed Vehicle Sales/ 3149 162nd Lane NW - Planning
11. Consider Variance/Minimum Lot Width Requirements/I7285 Round Lake Blvd. NW. - Planning
12. Consider Revised Planned Unit Development/ Andover Clocktower Commons/NE Comer of
Hanson and Crosstown Blvds . NW - Planning
13. Consider City Code Amendment/Changes to City Code Title 4/ Abatement Process - Planning
14. Consider City Code Amendment/Changes to City Code Title 9IRegulations for Rental of Single
Family Units - Planning
DISCUSSION
None.
ACTION REQUESTED
Please add the minutes to your packet.
Attachment
Planning Commission Minutes
PLANNING AND ZONING COMMISSION MEETING - MAY 12, 2009
The Regular Bi-Monthly Meeting ofthe Andover Planning and Zoning Commission was
called to order by Chairperson Daninger on May 12, 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, Devon Walton, Douglas Falk and Dennis
Cleveland.
Commissioners absent: Valerie Holthus,
Also present: City Planner, Courtney Bednarz
Associate Planner, Angie Perera
Director of Public Works/City Engineer, David Berkowitz
Others
APPROVAL OF MINUTES.
April 14, 2009
Motion by Kirchoff, seconded by Falk, to approve the minutes as presented, Motion
carried on a 6-ayes, O-nays, O-present, I-absent (Holthus) vote.
PUBLIC HEARING: VARIANCE (09-02) TO VARY FROM MINIMUM LOT
WIDTH REQUIREMENTS OF CITY CODE 12-3-5 FOR FUTURE LOT SPLIT AT
17285 ROUND LAKE BOULEVARD NW.
Mr. Bednarz explained the applicant would like to divide their 9.69 acre parcel into two
lots at some point in the future.
Commissioner Kirchoff stated he did not understand what the applicant was trying to do
with the property because the long narrow strip looked to be only a road. Mr. Bednarz
clarified with the Commission what the applicant proposed to do.
Commissioner Cleveland asked if an easement was granted where the potential property
would be located at Mr. Bednarz stated it is yet to be determined and staff will work
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 12, 2009
Page 2
with the applicant on this, if approved, to make sure the home is not located in an area
that would obstruct the road from being extended.
Motion by Walton, seconded by Casey, to open the public hearing. Motion caITied on a
6-ayes, O-nays, O-present, I-absent (Holthus) vote.
Mr. Harvey Mathies, 2857 172nd Avenue, stated he talked to the owner of the other
property and was told he was not going to sell the land or divide his property, He stated
there will be one road coming in there and will go into a cul-de-sac and he wondered if
these lots will be 2,5 acres, Chairperson Daninger believed the area was zoned for 2,5
acres, He also wondered if a cul-de-sac was placed on the property if someone will take
some of his land for a second access to the area, Chairperson Daninger indicated they
were only looking at the variance at the meeting and everything else will be looked at in
the future.
Mr. Keith Larson, applicant, 17285 Round Lake Boulevard, stated they never intended on
putting in a cul-de-sac or anything else. They just want to have access from 173rd into
their property so they could someday possibly build a house in the back.
Motion by Falk, seconded by Casey, to close the public hearing. Motion carried on a 6-
ayes, O-nays, O-present, I-absent (Holthus) vote.
Commissioner Casey stated he thought in this situation it is a unique property considering
the length of it and access is limited by other private properties it is landlocked and
presents a hardship for him. He stated he was in favor of approving the variance and did
not see any other alternatives in developing the back ofthis property.
Motion by Falk, seconded by Casey, to recommend approval of the variance request.
Commissioner Walton stated there is a neighboring property to this one and they will
land lock this property if they approve this variance because they would never have
access to 17247, This landowner will then control the road that will have access to the
back half of both of the lots. Mr. Bednarz stated to clarify the intent at this time is to
provide a driveway access to the subject property. The applicant did express to him some
interest in another lot there at some point in the future, which would also be served by a
driveway. The City would make sure that the location of that home would not conflict
with the extension of a future street.
Motion caITied on a 6-ayes, O-nays, I-absent (Holthus) vote.
Mr. Bednarz stated that this item would be before the Council at the May 19,2009 City
Council meeting,
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 12, 2009
Page 3
PUBLIC HEARING: CONDITIONAL USE PERMIT (09-04) TO ALLOW A USED
CAR DEALER AT 3149 162ND LANE NW.
Mr. Bednarz stated the City Code requires Council approval of a conditional use permit
and a city license for used vehicles sales in the Limited Industrial Zoning District. The
applicant is obtaining a dealer's license from the state, This license requires commercial
office space. The applicant proposed to have a small office in the existing building and
one display vehicle in the existing parking lot. The applicant's letter also indicates that
he would provide brokering services for clients.
Commissioner Cleveland asked if the proposed building was what was currently there,
Mr. Bednarz indicated that was correct.
Chairperson Daninger indicated an email was received by Dan and Nancy Prescott
indicating they were against this Conditional Use Permit application.
Motion by Casey, seconded by Kirchoff, to open the public hearing. Motion carried on a
6-ayes, O-nays, O-present, I-absent (Holthus) vote,
Mr, Joe Brabant, 16191 Round Lake Boulevard, stated he was not opposed to business
but his question was the parking situation and if it was indeed a legal parking lot because
he understood that a permit was never given for this parking lot so in reality it could not
be considered adequate parking for a business. Mr. Bednarz did not think Mr, Brabant
was ever told there was not any parking at this site and shows parking in the aerial photo,
He stated he was not privy to all the details or history of this site,
Commissioner Kirchoff asked if the parking lot was bituminous. Mr. Bednarz indicated
it was. Commissioner Kirchoff wondered if a permit was pulled for this parking area.
Mr. Bednarz explained he could not answer that but there was a parking lot on site at this
point in time.
Mr. Frank Sudd, 15956 Drake Street, stated he was looking for the opportunity to start
this business. He noted he planned on having an extremely small operation and looking
to get his dealers license. He also noted there will be minimal impact to the area.
Chairperson Daninger asked if Mr. Sudd planned on having only one display vehicle on
site. Mr. Sudd indicated he did because he mostly needed to CUP in order to get his
dealers license in order to broker.
Commissioner Falk asked if Mr. Sudd would consider looking into consignment of
vehicles. Mr. Sudd stated that is something he may look into and would like to keep his
business somewhat diverse, He would not keep a vehicle parked in the lot trying to sell it
but may help others use his resources to sell their vehicle on consignment.
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 12, 2009
Page 4
Chairperson Daninger asked if Mr. Sudd did this anywhere else. Mr. Sudd stated he did
not.
Chairperson Daninger asked if Mr. Sudd was comfortable with staff suggestion with the
vegetation and upgrade of plantings. Mr. Sudd stated he has not seen those plans yet but
did talk to the owner of the building but was not aware of the requirements.
Motion by Walton, seconded by Kirchoff, to close the public hearing. Motion carried on
a 6-ayes, a-nays, a-present, I-absent (Holthus) vote.
Commissioner Kirchoff stated he would support this item as written. Chairperson
Daninger agreed and wanted to make sure it was also fair to the existing businesses and
have staff follow up on the parking area that was discussed,
Motion by Walton, seconded by Cleveland, to approve as written and following up with
staff to see if the parking lot is legal.
Chair Daninger stated the resolution was read and restated and the concern with the one
vehicle was understood by the applicant.
Motion carried on a 5-ayes, I-nays (Casey), I-absent (Holthus) vote.
Mr. Bednarz stated that this item would be before the Council at the May 19,2009 City
Council meeting.
PUBLIC HEARING: REVISED PLANNED UNIT DEVELOPMENT FOR
ANDOVER CLOCKTOWER COMMONS LOCATED AT THE NORTHEAST
CORNER OF HANSON BOULEVARD AND CROSSTOWN BOULEVARD NW.
Mr. Bednarz stated BDT Holdings, the current owner of Andover Clocktower Commons
is seeking direct access to Crosstown Boulevard NW, This item follows from the sketch
plan reviewed by the Planning Commission at the February 10th meeting.
The applicant requested a full movement access to Crosstown Boulevard at that meeting.
The Planning Commission recommended a right-inlright-out access only. The Council
appeared in favor of a % intersection, The Council also discussed the speed limit along
Crosstown Boulevard, the potential for development of the Holasek property to the south
and staging roadway improvements over time.
Mr. Bednarz turned the discussion over to Mr. Berkowitz who reviewed the information
with the Commission.
Commissioner Kirchoff stated Crosstown is currently separated by a concrete median up
to the point where this access would begin and he wondered if the concrete would be tore
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 12, 2009
Page 5
up through the whole intersection area, Mr. Berkowitz indicated it would be tom up
through the intersection to prevent any left movements into and out of the development
and then create a safe area for those left turning vehicles.
Commissioner Kirchoff asked if staff felt the three quarter access will work Mr.
Berkowitz stated as long as the safety improvements are adhered by as identified in their
review of the plan.
Commissioner Cleveland asked if there would be adequate space on the road for this
improvement. Mr. Berkowitz stated there will need to be some widening needed on the
roadway to facilitate the hard canalization.
Commissioner Cleveland asked ifthere was sufficient room to widen the road. Mr.
Berkowitz stated there is as long as the improvements are made towards the north side of
Crosstown Boulevard. He noted there is no right-of-way on the south side of the road.
Motion by Kirchoff, seconded by Casey, to open the public hearing. Motion carried on a
6-ayes, O-nays, O-present, I-absent (Holthus) vote,
Mr. Tom Roberts, 6484 Pinnacle Drive, Eden Prairie, Chief Manager ofBDT Holdings &
Mr. Darren Lazan, Landform Engineering and Manager of BDT Holdings were at the
meeting for discussion.
Mr. Roberts stated the issue really becomes a cost issue, He thought everyone has agreed
that a % should work and their engineer thought they should have a full access because it
operates at level service A. They felt in the future something will have to happen, such
as when Mr. Holasek's property gets developed or they develop the other outlot and the
traffic justifies it, he thought putting in additional access will make sense. They would
like to build a % today with painted lines and a pork chop concrete at the access point but
adding concrete medians and turn lanes adds too much to the cost for something that will
be ripped out at some point when other properties are developed and does not make sense
to spend that money for that now.
Mr. Roberts stated one of the big issues is the speed limit and would recommend instead
of requesting a speed study between Bluebird and Hanson, the speed study was done east
of Bluebird, and by putting this access in they should request a speed study in a shorter
time frame.
Mr. Winslow Holasek stated he owns the property across the road from this development
and he believed access to Clocktower Commons will be good for them and the City and
he thought it seemed reasonable to have a % intersection there at this time.
Chairperson Daninger asked if a full intersection was constructed how it would be built.
Mr. Roberts stated the traffic does not justify that at this time, The only reason they
suggested a % intersection is because they have the ability at Bluebird to turn left, He
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 12, 2009
Page 6
thought the two big issues are staff would like a fairly large right turn lane into the
property which they did not think was necessary at this point and the concrete medians
going from both directions to designate the left turn in and so people cannot make a left
turn out
Motion by Casey, seconded by Kirchoff, to close the public hearing. Motion carried on a
6-ayes, O-nays, O-present, I-absent (Holthus) vote.
Commissioner Kirchoff stated he supported the City Engineer's recommendation for this.
Commissioner Cleveland asked if the City was going to make any adjustment to the
speed limit on Crosstown. Mr. Berkowitz stated they were not and would remain at
50mph.
Commissioner Walton stated in these economic times they need to figure out a way that
makes economical sense to local businesses to help them thrive. He stated there needs to
be another outlet because the parking area is hard to navigate. He was not sure he was in
support of this or not
Chairperson Daninger thought the Commission agreed on the % turn and he wondered
which recommendation everyone wanted to use,
Commissioner Cleveland stated he was sympathetic to the Cities safety concerns. Both
engineers have the same facts and drawn different conclusions for the intersection. He
thought anything that will help the businesses out is a reasonable exercise to take,
Chairperson Daninger stated he would not be in favor of what the applicant proposed but
would agree with staff s recommendation.
Commissioner Walton stated he was comfortable with the % but was unsure of the
expanse and expense of it
Mr. Berkowitz stated staff has to look at this as more of a permanent condition because
they do not know where they will be at in five years. This does meet a level of a full
intersection at this time but they go back to identifying safety concerns. To support
something less than a median out there will be a safety issue.
Commissioner Walton stated he is struggling with this and based on discussion he would
vote no just to send a message to Council that they need to make sure they are making the
right decision. Commissioner Falk felt they were making the right decision. He stated
they cannot put a price on safety. He stated he was in favor of the staff recommendation
because of safety reasons.
Commissioner Casey stated he would be fine with staff recommendation.
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Page 7
Motion by Kirchoff, seconded by Falk, to move the resolution as written and include the
staff memo including the engineer recommendation. Motion carried on a 5-ayes, I-nays
(Walton), I-absent (Holthus) vote.
Mr. Bednarz stated that this item would be before the Council at the May 19,2009 City
Council meeting.
PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO
CITY CODE 4: PUBLIC HEALTH AND SAFETY PERTAINING TO THE
ABATEMENT PROCESS.
Ms. Perera stated this item was first introduced at the April 14, 2009 Planning & Zoning
Commission meeting where a public hearing was held and is being continued. Staff has
found some inadequacies with CUITent language in Title 4 of the City Code, mainly
pertaining to abatement With the number of foreclosed and rental properties rising due
to current economic conditions, this is a good time to bring forward these amendments,
Ms. Perera reviewed the staff report with the Commission,
The public hearing was continued from the April 14, 2009 Planning & Zoning
Commission meeting,
No one wished to address the Commission.
Motion by Casey, seconded by Falk, to close the public hearing, Motion carried on a 6-
ayes, O-nays, O-present, I-absent (Holthus) vote.
Commissioner Cleveland asked if the hearing examiner was an official position or was it
whomever was available to hear the person's issues. Ms. Perera thought it was the City
Administrator who took that role and it was more of an informal process,
Motion by Walton, seconded by Falk, to approve as written. Motion carried on a 6-ayes,
O-nays, I-absent (Holthus) vote,
Mr, Bednarz stated that this item would be before the Council at the May 19,2009 City
Council meeting,
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 12, 2009
Page 8
PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO
CITY CODE TITLE 9: BUILDING REGULATIONS, CHAPTER 8: RENTAL
HOUSING DWELLINGS TO ESTABLISH REGULATIONS FOR RENTAL
LICENSING OF SINGLE FAMILY DWELLING UNITS.
Ms. Perera stated the draft amendment incorporates changes to the Rental Housing
Dwellings, Chapter #8 of the City Code. The intent of the amendment is to facilitate a
single family market value preservation initiative by including rental license requirements
for single family dwelling units. The most prominent change proposed in the draft
amendment includes the requirement of a rental license for single family dwelling units
with the addition of Section 9-8-12. The City Code currently only requires rental licenses
for multi-family dwelling units. Staff has worked with other departments, the City
Attorney, and the City Council on drafting this amendment so that it provides as little
change to other sections within Chapter #8 while keeping all rental ordinances in the
same chapter.
Ms. Perera discussed the information with the Commission.
Commissioner Kirchoff asked how big of a problem is this, single family rental
properties, Ms. Perera did not think the City had a grasp on it yet but there were a
number of violations.
Commissioner Kirchoff stated he did not really support this unless they see a real
problem they are trying to solve that cannot be solved by existing ordinances.
Chairperson Daninger asked if the basis of the fee was based on other cities fees. Ms.
Perera stated their current application is $52.00 for the multi-family per unit and other
cities are around $100.00 but they do interior inspections also. She stated they did look at
neighboring cities for the fee along with involving their City Attorney and other staff
members from other departments. Chairperson Daninger thought this was a proactive
approach to take some initial steps and get feedback to make sure they do not have any
issues and other cities are doing this.
Motion by Walton, seconded by Casey, to open the public hearing. Motion carried on a
6-ayes, O-nays, O-present, I-absent (Holthus) vote.
Ms. Sylvia Munson stated she has been a landlady for seventeen years. She indicated she
is really upset about this entire thing because she has a triplex, She did not think that it
was fair that multi-family units need to have so much more than the single family
dwellings. The single family dwellings do not do any of these things, There are no
inspections for safety, etc, She did not think a drive by inspection would be adequate for
these types of rentals and felt they should have the same rules as the multi-family
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 12, 2009
Page 9
dwellings. She did not understand how this ordinance will protect the renter or the
neighbors, She wondered how the City will enforce this.
Motion by Walton, seconded by Casey, to close the public hearing. Motion carried on a
6-ayes, O-nays, O-present, I-absent (Holthus) vote.
Commissioner Walton asked if staff has looked at other cities in regards to this type of
ordinance, Ms, Perera indicated they have, she listed some of them.
Commissioner Walton stated he has seen a lot of foreclosed homes and people are buying
them to rent them out but to what level will these be fixed up to rent them. He thought
there needed to be inside inspections done. He agreed that they needed to step up both
the expense of the inspection for inside inspection. He thought they needed to get input
from other cities on what they are doing for inspections along with what problems are
they finding,
Commissioner Falk asked if other cities have the same fee.as proposed and are they doing
the same extent for inspections. Ms. Perera stated most other cities are doing interior
inspections as well and are reflected in the fees to cover the cost of administration.
Ms. Perera stated the Council wanted to try this as a two year trial period and get updates
from staff monthly. Single family rental dwellings would not be exempt from any
building codes, city ordinances or any other rules they have in place, they would just not
be inspecting the interior. She thought this was a baby step forward from what they are
currently doing.
Commissioner Cleveland asked if there was a complaint from a tenant would the City go
in to inspect the building, Ms. Perera stated they would not unless there was an issue of
health or safety.
The Commission agreed there needed to be more than just a drive by inspection but they
were all not in favor of going into the dwelling to inspect it They also thought the initial
fee was adequate if they were going to just do a drive by inspection.
Commissioner Walton thought they needed more than what is proposed. He would like
to see an inside inspection, Commissioner Casey thought they should be going into this
slowly because once they start inside inspections they will be dealing with tenant's
property rights and landlord property rights. Commissioner Falk agreed and thought the
inspection according to the staff report looked like a foot inspection of the property and
not a drive by inspection.
The Commission discussed inside inspections and issues involved with them.
Commissioner Kirchoff stated he did not want this because he did not see a problem yet
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 12, 2009
Page 10
Chairperson Daninger stated he did not see a difference between multi-family and single
family rentals, He thought they should both be inspected the same but they need to ease
into it to begin with. Commissioner Cleveland did not think there needed to be a
different standard for these and also did not think they needed to move slowly on this.
He did not think this was fair to multi-dwelling rental owners and thought they needed
the single family rentals to be treated the same.
Chairperson Daninger indicated the Commission liked what they saw with something
more than a drive-by inspection and have a larger fee for inspections.
Mr. Bednarz stated that this item would be before the Council at the May 19,2009 City
Council meeting.
OTHER BUSINESS.
Mr. Bednarz updated the Planning Commission on related items.
ADJOURNMENT.
Motion by Kirchoff, seconded by Cleveland, to adjourn the meeting at 8:48 p.m. Motion
carried on a 6-ayes, O-nays, I-absent (Holthus) vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.