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CC - July 19, 2011
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, July 19, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (6/28/11 Workshop; 7/6/11 Regular; 7/6/11 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Bond Payments - Finance 4. Approve Emerald Ash Borer Management Plan/10 -32 — Engineering 5. Approve Ordinance Summaries — Planning 6. Approve Fee Ordinance No. 400 — Community Center Discussion Items 7. Anoka County Sheriff's Office Monthly -Report — Sheri 8. Consider conditional use permit/outdoor storage /ABC Mini Storage/13624 Hanson Boulevard NW - Planning 9. Consider conditional use pennit/used vehicle sales /3138 162 °d Lane NW — Planning 10. Consider used vehicle sales license/Xcel Properties/3138 162 °d lane NW - Planning 11. Consider variance to accessory structure height requirements /City Code 12 -6- 3/18046 Round Lake Boulevard - Planning 12. Consider variance to accessory structure location and setback requirements /City Code 12- 6- 5/13367 Martin Street NW — Planning 13. Review Survey and Options for 149d' Ave Drainage Concerns /11 -32 - Engineering Staff Items 14. Schedule Joint Meeting with Park & Recreation Commission — Engineering 15. Schedule Joint Meeting with City of Anoka - Administration 16. Administrator's Report — Administration Mayor /Council Input Adjournment 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 . WWW.CI.AN DOVER. MN. US TO: CC: FROM: SUBJECT: DATE: Mayor and City Council Jim Dickinson, City Administrator Michelle Hartner, Deputy City Clerk Approval of Minutes July 19, 2011 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: June 28, 2011 Workshop July 6, 2011 Regular July 6, 2011 Closed DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, 'A Michelle Hartner Deputy City Clerk Attach: Minutes CO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ANDOVER CITY COUNCIL WORKSHOP MEETING —JUNE 28,20-11 MINUTES The Workshop Meeting of the Andover City Council was called to order by Acting Mayor Julie Trude, June 28, 2011, 6 :00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Mike Gamache (arrived at 6:07 p.m.) Don Jacobson, and Mike Knight Councilmember absent: None Open Space Advisory present: Gretchen Sabel, Jim Olson, Bruce Perry Also present: City Administrator, Jim Dickinson Director of Public Works /City Engineer, Dave Berkowitz Community Development Director, David Carlberg City Planner, Courtney Bednarz Colleen Kaufenberg Park & Recreation Commission Chair, Ted Butler Others Acting Mayor Trude turned the meeting over to Mayor Gamache when he arrived at 6:07 p.m. RESIDENT FORUM Gordon Pietsch, 2228 149'h Avenue NW, indicated he wanted to talk about the 149th Avenue NW water issue. He stated when he looked at his lot there was no indication there was a wetland and when walking back on the lot, there was a culvert. He stated he had spoken with the builder and was informed it was a wetland. The spring of 1999 was the first time he saw water in the area, but it evaporated within a day. In September 2005, water flowed into the wetland easement, but it evaporated 3 -5 days. He stated in March of this year when the City began pumping water into the stormwater management system, he again noticed water. Mr. Pietsch noted soil is starting to sink in certain areas on the northern area and he believed there was peat in this area. He stated there are trees dying in that area. Mr. Pietsch stated he was not here to get answers, but to ask questions. He passed out a handout with the questions he would like answered to see what could be done to minimize the impacts in the future. He asked for a copy of the survey once prepared and indicated he wanted to solve the problem, not point fingers. Councilmember Jacobson requested that the questions be made a part of the permanent record. Andover City Council Workshop Meeting Minutes June 28, 2011 Page 2 1 JOINT MEETING WITH OPEN SPACE ADVISORY COMMISSION 2 3 Mr. Bednarz provided an update on the activities of the Open Space Advisory Commission (OSAC) 4 and presented a recommendation for the Council to consider purchasing the 40 acre parcel 5 immediately north of the open space purchased from the White Pine Wilderness Development. He 6 noted the Commission also recommends the open space purchased from the White Pines Wilderness 7 Development be named "Winslow's Woods" to honor Winslow Holasek, the Holasek family has 8 expressed interest and appreciation for this consideration. 9 10 Gretchen Sabel, OSAC representative, stated the owner came to them after the White Pine property 11 was purchased and the Commission determined it was a nice site and there would be very little 12 remediation to be done. She believed the area had many benefits all on its own and stated the owner 13 of the property offered either 20 or 40 acres. 14 15 Mr. Bednarz stated the County has a value of approximately $217,000 for 40 acres, which has high 16 ground on the western side. 17 18 Councilmember Jacobson asked if a future road could be put in to get to the property. Mr. Bednarz 19 responded open space funds could not be used to purchase that part of the adjacent property, so the 20 owner might need to donate the right -of -way and the City purchase the remaining property with open 21 space funds. 22 23 Councilmember Trude asked if the sewer main was there and should it run under the road to provide 24 for development. Mr. Bednarz responded there were about 20 units available due to the White Pine 25 development and phase two of White Pine Wilderness could possibly bring this to the north end. 26 27 Council discussed the possibility of a trail or boardwalk on the land at some time in the future. 28 29 Mr. Bednarz noted there is approximately $750,000 remaining in the open space fund. 30 31 Councilmember Jacobson asked if a parking lot could be put in. 32 33 Councilmember Knight stated the City would have to do some deliberate action to prevent people 34 from hunting on the land. He stated the City would need to figure out a way to enforce this and 35 come up with solutions. 36 37 Councilmember Trude stated the difficulty she has with this site is its remoteness. Mr. Bednarz 38 stated the vote was unanimous on the OSAC in support of the proposal. 39 40 Mr. Bednarz stated he had been contacted by two other property owners on the north end ofthe City. 41 42 43 Mayor Gamache stated he liked this proposal and believed this property would tie into the other 44 property owned by the City. He noted there was only one other property to possibly be acquired to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes June 28, 2011 Page 3 get close to 80 acres of open space. Mr. Bednarz noted there was a fairly established trail already maintained by the current property owner. The City could maintain this by just mowing the trail. Councilmember Trude stated if the money was going to run out, then she would rather purchase the Selmer property and get a connection to Hanson Boulevard. She asked what the next steps would be. Jim Olson, OSAC representative, stated the OSAC would look to purchase more property. He noted with the change in the Green Acres law, the property taxes were going up substantially for property being held without being farmed. Councilmember Bukkila stated she had envisioned that after the first 40 acres were purchased, the City would purchase in small sections and she was willing to wait. She believed this was a long- term process and there was no guarantee there would be another referendum approved. Councilmember Jacobson stated he would rather wait for the Selmer property and worry later as to how an access would be put in. Bruce Perry, OSAC representative, stated the Commission had not seen the Selmer property, even though it looked good on paper. Mayor Gamache stated he liked the tie into the property the City purchased previously. He asked if Kuiken would be interested in selling a smaller parcel of his property so they could get access to the Selmer property. Mayor Gamache stated he would also like to see how many people in the City had smaller land parcels they might be interested in selling. Councilmember Trude stated there was an appeal to younger families to have open fields for their children to run in. Jim Olson, OSAC representative, stated the Committee had talked at length about what was open space and they concluded they wanted land that had not been disturbed and was in a natural setting without it necessarily being a City park. Councilmember Jacobson recommended staff talk to Selmer and Kuiken again to see if Selmer would be willing to sell any of his property and if Kuiken would be willing to sell a smaller parcel of their property. Councilmember Knight stated he wanted to see an access. Councilmember Trude recommended the OSAC tour the Selmer property. Council consensus was reached to direct staff to explore the Selmer parcel; determine if Kuiken was willing to sell an access, and to come back to the Council with another recommendation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes June 28, 2011 Page 4 Councilmember Bukkila expressed concern that Larry Emmerich might not like the naming of the open space as Winslow's Woods. Mr. Bednarz stated he had asked Mr. Emmerich's opinion as to what it should be named and he did not have any recommendations. Mayor Gamache asked staff to check with Mr. Emmerich again. Council's consensus was reached to support the naming of the White Pine Wilderness Development to be " Winslow's Woods" after speaking with Mr. Emmerich again. UPDATE ON BUNKER LAKE BOULEVARD NW RECONSTRUCTIONICSAH 7 TO 38TH AVENUE /10 -27 • LOCAL ACCESS TRAFFICANALYSIS • JOINT POWERSAGREEMENT WITHANOKA COUNTY Mr. Berkowitz updated the Council regarding the project design and noise wall status for the Bunker Lake Boulevard NW project from 7th Avenue to 38th Avenue. He summarized the traffic analysis and presented a copy of the Joint Powers Agreement for review. The Council expressed concern about the County's removal of trees and requested cost details on the tree removal for constructing the trail. Mr. Berkowitz stated the noise wall would be a nine -foot wood noise wall and the property owners had already voted in favor of the wall. He summarized the sewer feasibility report being prepared for Rosella Sonsteby. Councilmember Trude asked if the entire right -of -way trees would be cleared. Mr. Berkowitz responded the County had indicated they would not all be removed and only the trees that were reasonable would be removed. Mr. Dickinson summarized what happened at the Anoka City Council meeting regarding the traffic study and the resident's opposition to the extension of Anoka's roads. Councilmember Jacobson stated the concern of Anoka on the road extension should not have any impact at this time. Mr. Dickinson stated he might have to seek some legal assistance on these issues. He stated in the meantime, he recommended actively negotiating with Anoka. Mr. Berkowitz stated the report also needed to have support for the three - quarter intersection at CR116 and 9"' Avenue. Councilmember Trude recommended identifying the Andover street names in the report. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes June 28, 2011 Page 5 Mr. Dickinson asked if the Council would be interested in some sort of a land swap with the City of Anoka. Council consensus was reached that a land swap with the City of Anoka was a good idea. Mr. Berkowitz asked the Council if they had any comments on the Joint Powers Agreement, he asked the Council to provide their comments and turn them into him. He updated the Council on other County projects being done in Andover this summer. LOWER RUM RIVER MANAGEMENT ORGANIZATION UPDATE Mr. Berkowitz updated the Council regarding the Lower Rum River Watershed Management Organization (LRRWMO) and the Wetland Management Standards being drafted by the Technical Advisory Committee (TAC). He noted the TAC is in agreement that education on protecting wetland was important and would be one component; however, B WSR feels that this was not enough in the physical protection of wetlands. Councilmember Bukkila asked where they were at with the buffer issue. Mr. Berkowitz responded he did not yet have an answer to that question. Councilmember Trude stated the TAC had also discussed the use of berms /shelf. 2012 -2016 CIP DEVELOPMENT DISCUSSION Mr. Dickinson updated the Council regarding 2011 Capital Improvement Projects (CIP) and the draft 2012 -2016 CIP projects. Mayor Gamache inquired about the QCTV funds. Councilmember Trude asked if the funds could be used for putting technology in the Council chambers and conference room. Mr. Dickinson responded they could. Ted Butler, Parks & Recreation Commission Chair, presented the reasons for artificial turf in some of the parks due to extensive use of the fields. He indicated that artificial turf would allow morning, afternoon, and evening use of the fields during the entire season. One of the advantages is reduced maintenance costs. He stated the associations spoken to were also interested in the artificial turf. He stated he would like Council's permission to pursue analysis as to researching the capital outlay of artificial turf, benefits of artificial turf, the ongoing maintenance costs of putting in one or two conventional grass fields at possibly Fox Meadows; replacing one of the fields with artificial turf, looking at potential for some kind of an indoor facility that could be used year round (i.e. seasonally inflated dome or a permanent structure). Councilmember Bukkila stated she did not mind staff and the Commission looking into this, but did not want it to be a priority above the other projects being worked on. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes June 28, 2011 Page 6 Mayor Gamache recommended also looking at the cost of additional fields. The Council consensus was reached to have staff prepare an analysis for artificial turf and look for commitments from the associations. CONSIDER RESOL UTIONFOR PARTICIPATIONINTHENEWLOCAL PERFORMANCE MEASUREMENT AND REPORTING PROGRAM Mr. Dickinson presented to the Council the Local Results and Innovation's ten performance measures for cities and counties that will aid residents, taxpayers, and state and local elected officials in determining the efficiency in providing services and measure resident's opinions of those services. Mr. Dickinson advised that adoption of this program will allow the City to collect $0.14 per capital in LGA to help offset expenditures associated with a community survey, in addition to being exempt from levy limits for taxes payable in 2012. Motion by Trude, Seconded by Jacobson, to authorize staff to draft a resolution adopting the ten performance measures recommended by the Council of Local Results and Innovation. Motion carried unanimously. (See Resolution R050 -11) 2011 BUDGET IMPLEMENTATION PROGRESS & MAY 2011 INVESTMENT REPORT Mr. Dickinson noted the overall 2011 budget contains total revenues of $28,910,245 and total expenditures of $30,785,805. The $1,875,560 of expenditures over revenues is largely due to prepaying debt in order to save on interest expenditures. He noted the City has received all of the State funds the City was due, so the City should not be affected by the State government shutdown. 2012 BUDGET DEVELOPMENT DISCUSSION Mr. Dickinson stated there was not much that could be done at this time and indicated the department heads were to submit their department information on July 1. Mr. Dickinson stated next month, representatives from the Sheriffs Department would come to Council to give a presentation on their budget proposal. Mr. Dickinson asked if the Council wanted to reduce some CSO time and look at increasing other areas, such as crime watch. He indicated he would have the Sheriffs Department look at options and costs for this. Councilmember Knight recommended another article be published in the City's newsletter regarding the Crime Watch program. Mr. Dickinson stated next month staff would be firming up all of the proposals from the outside Andover City Council Workshop Meeting Minutes June 28, 2011 Page 7 1 groups. 2 3 Mr. Dickinson stated the Alexandra House had submitted their proposal for next year. 4 5 Councilmember Bukkila requested statistics from the Sheriff's Department as to how many 6 people were sent to Alexandra House. 7 8 OTHER TOPICS 9 10 Mr. Dickinson stated he had received a request from a Boy Scout Group that wanted to hold an 11 event in one of the parks to launch rockets. He noted this violated City Code and asked if 12 Council would approve such an event. 13 14 Council consensus was reached to allow this type of an event and directed staff to bring forward 15 this request at a Council meeting. 16 17 Mr. Dickinson stated the Disabled American Veterans would like to place their green clothing 18 bins at the City's fire station locations. He suggested that instead staff offer the Veterans the 19 ability to put a bin next to the Salvation Army bin at the recycling station. 20 21 Councilmember Jacobson recommended the Disabled American Veterans get one location right 22 now and see if additional locations would be feasible in the future. 23 24 Mr. Dickinson stated he had received an email from a person who received a ticket at the 25 Crooked Lake boat launch for a parking violation. He noted this type of a ticket was a 26 misdemeanor, which required a court appearance. Mr. Dickinson asked if it was the intent of 27 Council for a parking violation to be a misdemeanor. Staff would recommend a change since 28 this is park parking, not street parking. 29 30 Council consensus was reached to direct staff to draft an ordinance amendment to change boat 31 trailer parking violations from a misdemeanor to a petty misdemeanor. 32 33 ADJOURNMENT 34 35 Motion by Bukkila, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting 36 adjourned at 9:15 p.m. 37 38 Respectfully submitted, 39 40 Kathleen Altman, Recording Secretary 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING —JULY 6, 2011 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Acting Mayor Julie Trude, July 6, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight Councilmember absent: Mayor Mike Gamache Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Director of Public Works /City Engineer, Dave Berkowitz Community Development Director, David Carlberg Others PLEDGE OFALLEGIANCE RESIDENT FORUM Mr. Carroll Abbott, 2917 142 "d Lane NW, stated he was concerned about the EFO tornado from two weeks ago that was near Highway 10 and Hanson Boulevard. He heard sirens from Coon Rapids, but Andover's sirens were not going off. He called Central Communications and they told him the sirens were going off now. By the time the storm showed on the TV, it was on Highway 65 and by the time Andover's sirens came on, the storm had passed. He stated that so many times the storm is long gone from Andover before it comes on TV or the sirens sound. Mr. Abbott asked the City to put pressure on somebody to get the information out sooner. Acting Mayor Trude responded that the City relies on the Sheriff's Office for handling emergency alerts and sirens, and also the Fire Staff and the people in charge of the sirens. She said this storm system developed quickly over the area and there was not a lot of time. Mr. Dickinson stated the City works with Central Communications at Anoka County. They have trans- spotters that are watching the weather and are in constant contact with the National Weather Service. Central Communications determines when the sirens go off in the community. The City of Andover tests the sirens silently weekly and on the first Wednesday of each month at 1:00 p.m. Anoka County Emergency Management works with Central Communications to determine when the sirens go off. Acting Mayor Trude asked if the sirens were sounded in Andover that night. Mr. Dickinson responded the City received calls when the storm was located south, close to Menards, on the edge of Coon Rapids, the sirens did go off. He commented that Central Communications does not want the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — July 6, 2011 Page 2 sirens to go off too often. The sirens do go off in particular cities to provide notification where it is necessary and that is determined by the Emergency Management through Anoka County. Mr. Abbott asked about his area. Mr. Dickinson responded by the time the storm went through, the City was able to watch from the Mn/DOT traffic cameras on live TV. Councilmember Knight commented the sirens went off in his area and the sun was shining. Mr. Dickinson stated that the sirens went off, but the storm barely touched the southern border of Andover. Acting Mayor Trude stated each of us has the responsibility to be aware of the weather conditions. The City relies on the National Weather Service to alert us on weather conditions. Mr. Abbott stated the storm was already gone when it was reported on the TV and the storm was close to his house. Mr. Dickinson commented the sirens are for people who are outdoors. Mr. Abbott felt the weather authorities do not know where Andover is and they do not care. Acting Mayor Trude thanked Mr. Abbott for his comments and concern. Ms. Colleen Kaufenberg. 2244 1491" Avenue NW, stated that due to the water accumulating on her property on 149th Avenue, their pool has collapsed. She was advised by the City to file a claim with the League of Minnesota Cities which is now pending. A survey was ordered to address questions on what is happening now and what will happen in the future. Ms. Kaufenberg understands the City received the survey last Friday. She stated she attended a workshop last week and it was her understanding from the workshop that the survey would be reviewed tonight; however, it is not on the agenda. Ms. Kaufenberg asked why the survey is not on the agenda tonight and what is the City's plan for discussing the survey. Mr. Dickinson responded the survey was received after noon on Friday and the Council's packet had already been published and distributed. The Council's packet deadline is noon on Thursday. The City received the survey on Friday, but the staff did not have an opportunity to review the survey and provide comments to the Council. He indicated that staff advised the Council to review the survey in a closed session and bring the survey results to the July 19, 2011 meeting. Acting Mayor Trude asked if the survey results will be shared with Ms. Kaufenberg and the others, and discussed at the July 19 meeting. Mr. Dickinson responded that staff did not have an opportunity to review the survey because it was received late. The survey was shared with all involved including Ms. Kaufenberg. Acting Mayor Trude asked Ms. Kaufenberg if she received a copy of the survey. Ms. Kaufenberg confirmed she received a copy of the survey and asked the Council if the survey will be discussed openly at the July 19 meeting. She asked for confirmation that it will be on the agenda. Mr. Dickinson responded the survey will be an agenda item for public discussion at the July 19 meeting. Ms. Kaufenberg asked why the survey will be discussed privately and not openly tonight. Mr. Regular Andover City Council Meeting Minutes —duly 6, 2011 Page 3 1 Baumgartner responded that the closed session tonight was to discuss the property damage claim. 2 The claim and the survey go hand -in -hand and the City cannot separate the two items because one 3 discussion will lead into the other. The claim has to be discussed in a closed session and if the 4 survey has to be a part of that discussion, it will have to be discussed in the closed session. Mr. 5 Baumgartner explained that in a closed session discussion where property damage will be discussed, 6 a view of the survey may be necessary to further the discussion. It does not mean the survey will not 7 be an agenda item and as the Council indicated, it will be the first time for the Council to see the 8 survey. Mr. Baumgartner noted it is difficult to draw a separation between what has to be in closed 9 session and what role the survey will play in the closed session. 10 11 Mr. Dickinson stated the survey has been made available and what the City will do with the survey 12 after analyzing it and looking at options is for the Council to decide the next step. The City does not 13 discuss details on threatened litigation on any claim against the City at open meetings. 14 15 Acting Mayor Trude commented that whatever is discussed in the closed session tonight will not be 16 shared. When the Council meets again the survey results will be discussed and staff will provide 17 comments to the Council for the July 19 meeting. Mr. Dickinson confirmed that staff will provide a 18 report to the Council at the July 19 meeting. 19 20 Acting Mayor Trude asked if information will be shared with Ms. Kaufenberg before the July 19 21 meeting. Mr. Dickinson responded that staff will provide a staff report to the Council for the July 19 22 meeting, that report will be shared with Ms. Kaufenberg. However, details pertaining to the claim 23 will not be disclosed under the prevue of attorney - client privilege. 24 25 Councilmember Jacobson asked if actual active litigation is set prior to the July 19 meeting then 26 information could not be shared at the July 19 meeting. Mr. Baumgartner responded the City will 27 work towards resolution under the potential threat of litigation and operate under the guidelines with 28 information that can be shared. Acting Mayor Trude commented she is frustrated that information 29 cannot be shared due to the restraints placed upon the Council. 30 31 Ms. Kaufenberg asked when will the remaining questions from Mr. Pietsch be answered. Mr. 32 Berkowitz stated that he met with Mr. Pietsch yesterday and reviewed the survey with him. Some of 33 Mr. Pietsch's questions have been answered, others will be answered at the July 19 meeting. Acting 34 Mayor Trude confirmed that answers to Mr. Pietsch's questions will be available at the July 19 35 meeting. Mr. Dickinson commented that if Ms. Kaufenberg is looking for a detailed analysis it has 36 been delayed due to the holiday and the City's first priority are current projects. 37 38 Ms. Kaufenberg stated she is looking for a reasonable time to expect answers. Mr. Berkowitz 39 responded the July 19 meeting is reasonable timing. Acting Mayor Trude stated that some questions 40 may be easier to answer and may be available sooner. 41 42 Mr. Gordon Pietsch, 2228 149t` Avenue NW, asked the Council to have all information available at 43 the July 19 meeting including the survey and the answers to all questions. He is also seeking copies 44 of the original platting survey to be included in the information. Mr. Pietsch stressed it is important 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — July 6, 2011 Page 4 that all information is available for consideration to understand what the issues are and options to resolve the issues. Also, there is still a well that needs to be pumped out in the future. The question is where will the water be pumped and how to resolve the issue moving forward. Acting Mayor Trude clarified that Mr. Pietsch is seeking a copy of the previous plat survey map submitted by Woodland Development. Mr. Pietsch confirmed he is seeking the survey by Woodland Development submitted during the time of platting. Mr. Berkowitz confirmed the Woodland survey shows the drainage plan as part of the Woodland Estates Development. Mr. Pietsch stated both surveys will be important to have for the July 19 meeting. Acting Mayor Trude asked Mr. Berkowitz to make photocopies for the July 19 meeting. Mr. Pietsch stated he studied the previous survey yesterday. Acting Mayor Trude thanked Mr. Pietsch and stated she appreciates his patience. AGENDA APPROVAL Acting Mayor Trude noted the following Agenda changes /additions: Revised Resolution to Consent Item 3. Approve Plans & Specs /Order Advertisement for Bids /11 -2a, Flintwood Street NW and 11 -24, Butternut Street NW, 173`d Avenue NW and Flintwood Street NW — Engineering. Add Discussion Item 9a. Consider Code Amendment/Title 9, Chapter 14/Electrical Code Provisions and Title 1, Chapter 7 -3, Permit Fees, Service Charges, and Penalties - Planning. Add Closed Session. Attorney - Client Privilege Pursuant to Minn. Statute 13D.05 subd. 3b to Discuss Threatened Litigation 1. Property Damage Claim — 2244 149th Avenue NW. 2. Termination of Employment — Krattenmaker. Motion by Jacobson, Seconded by Bukkila, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OFMINUTES June 21, 2011, Regular Meeting: Acting Mayor Trude requested the following corrections: Page 4 — Line 32, strike "required a public hearing," and add "a resident wished to appeal," Page 4 — Line 34, strike "Mr. Bednarz stated where a variance is needed it would come to Council with their appeal." Page 4 — Line 34 add after the word processes, "going first to the Planning Commission for a public hearing and recommendation, and then to the City Council for a final determination. Regular Andover City Council Meeting Minutes — July 6, 2011 Page 5 1 Councilmember Jacobson requested a correction to the motion on Page 5 — Line 10, strike the words 2 "at" and "commas" and add "punctuation and conformance" 3 4 Motion by Knight, Seconded by Bukkila to approve the minutes as indicated above. Motion carried 5 unanimously. 6 7 June 21, 2011, Closed Meeting: 8 9 Acting Mayor Trude stated there is an error in a statement of fact about the law for this issue on Line 10 29 and she asked that the City Attorney revise that line so it is an accurate statement of the law. 11 12 Motion by Jacobson, Seconded by Knight, to approve the Closed Meeting minutes as corrected. 13 Motion carried unanimously. 14 15 16 CONSENT ITEMS 17 18 Item 2 Approve Payment of Claims 19 Item 3 Approve Plans & Specs /Order Advertisement for Bids /11 -2a, Flintwood St. NW & 20 11 -24 Butternut St. NW, 173rd Ave. NW & Flintwood St. NW (See Resolution 21 R051 -11) 22 Item 4 Approve Plans & Specs /Order Advertisement for Bids /11 -11 Andover Station North 23 Ball Field Parking Lot Expansion (See Resolution R052 -11) 24 Item 5 Accept Contribution/CenterPoint Energy /Andover Fire Dept. (See Resolution R053- 25 11) 26 Item 6 Approve Massage Therapy License/Inner Sanctum Salon & Spa 27 Item 7 Amend Fee Ordinance /Code — Trailer Parking Fine (See Ordinance 409) 28 29 Councilmember Jacobson corrected that Item 5, Accept Contribution/CenterPoint 30 Energy /Andover Fire Dept., should be listed as Consent Item 5 and not Item 4 as stated earlier by 31 Acting Mayor Trude. 32 33 Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as corrected. Motion 34 carried unanimously. 35 36 37 CONSIDER CODE AMENDMENT / TITLE 6 CHAPTER 2 / PARKING REGULATIONS / 38 PARKING BOAT TRAILERS / VIOLATIONS; PENALTY 39 40 Mr. Carlberg reviewed the staff report with the Council. He explained the Council is asked to review 41 and approve a code amendment to Title 6, Chapter 2 Parking Regulations; Street Obstructions. The 42 amendment provides for violations of Section 6 -2 -2, Parking of Boat Trailers, to be guilty of a petty 43 misdemeanor rather than a misdemenor. 44 Regular Andover City Council Meeting Minutes — July 6, 2011 Page 6 1 Mr. Carlberg reported the City has received complaints as well as concerns from the City Attorney 2 regarding the penalty for parking boat trailers in violation of Section 6 -2 -2, which prohibits parking 3 of boat trailers on school property or within 1,000 feet of the Crooked Lake boat launch. The current 4 penalty for violating this section of Code is a misdemeanor, which requires the individual cited to 5 appear in court. The proposed amendment changes the penalty to a petty misdemeanor, which 6 provides for payment of a fine and requires no court presence unless the violating entity chooses to 7 contest the citation. Staff believes this penalty is more appropriate for this type of violation. 8 9 Acting Mayor Trude stated this change was discussed with the City Attorney and was proposed by 10 the City Attorney based on comments from the public to improve customer service. Mr. 11 Baumgartner confirmed there were five citations on the arraignment calendar. He commented 12 several individuals stated if they could have just paid a ticket they would have done so. Mr. 13 Baumgartner stated he will work with Court Administration to make sure they recognize the fine 14 amount is associated with the ordinance on this violation so individuals do not have to go to court. 15 Currently misdemeanor violations require a court appearance. He noted it may take time to 16 determine the fee amount. 17 18 Acting Mayor Trude stated currently the fine is $50 and asked if there are also court costs. Mr. 19 Baumgartner responded that in addition to the court fine of $50, there is a State surcharge and law 20 library fee of $85 for a total fine of $135. 21 22 Motion by Jacobson, Seconded by Knight, to adopt Ordinance No.6 -2 -6, Amending the City Code to 23 Classify Boat Trailer Parking Violations as a Petty Misdemeanor in the City. 24 25 Mr. Carlberg noted a correction on Page 1, under the Chapter 2 heading, to change the word 26 " Opstructions" to "Obstructions ". 27 28 The Council accepted the correction. 29 30 Motion carried unanimously. (See Ordinance 408) 31 32 33 CONSIDER CODE AMENDMENT / TITLE S CHAPTER 4 / WEAPONS DISCHARGE / 34 EXEMPTIONS FROM PROVISIONS 35 36 Mr. Carlberg reviewed the staff report with the Council. He stated the Council is asked to review 37 and approve a code amendment to Title 5, Chapter 4 Weapons, which provides for exemptions to the 38 Code regarding the discharge of weapons. It was noted this amendment was discussed by the 39 Council at the May 24, 2011 Workshop. 40 41 Mr. Carlberg stated the City recently received a request to allow for the discharge of weapons for an 42 amateur air rifle event in the Andover Community Center field house. Currently, the Code does not 43 permit this activity. The proposed amendment would provide the Council with the ability to grant an 44 exception to the Code and allow the activity. He explained the amendment also provides for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — July 6, 2011 Page 7 exemptions to allow target shooting as an accessory use to a retail operation, to have a shooting range for law enforcement training purposes, and the Bunker Hills Regional Park already has an archery range and this amendment would provide an exemption. The Council discussed the code amendment at the May 24"' workshop and these minor modifications will give the Council the ability to approve the exemptions. Mr. Carlberg noted a minor change Page 2, D2, to reference City Code 5-4-1G. Acting Mayor Trude asked if this code amendment will cover the Boy Scout's model rockets. Mr. Dickinson responded that is a different issue. Motion by Jacobson, Seconded by Bukkila, to adopt Ordinance No. 5 -4 -1 G, Amending the City Code to Add Exemptions to the Discharging of Weapons in the City. Motion carried unanimously. (See Ordinance 410) CONSIDER CODE AMENDMENTITITLE 9, CHAPTER 141ELECTRICAL CODE PROVISIONS AND TITLE 1, CHAPTER 7 -3, PERMIT FEES, SERVICE CHARGES, AND PENALTIES Mr. Carlberg reviewed the staff report with the Council. He stated the Council is asked to review and approve a code amendment to Title 9, Building Regulations. Said amendment to the code would add Chapter 14, Electrical Code. Mr. Carlberg stated the recent State of Minnesota government shutdown has created a serious issue in regard to electrical inspections. In order to continue to allow construction activities to occur in the City of Andover, the City must adopt provisions to allow the City to perform electrical inspections. This code revision to Title 9, Chapter 14 provides the ability for the City to conduct electrical inspections, the amendment to Title I, Chapter 7 -3 to set electrical inspection fees, and authorize the City Administrator to execute a contract with a qualified individual /company to perform the electrical inspections. Acting Mayor Trude commented that Fun Fest could not go on without this action tonight. Councilmember Knight asked if the City can hire the electrical inspectors. Mr. Carlberg responded the City will contract with a qualified individual or company. Mr. Dickinson stated it could be an individual or company, but they would have to provide insurance and bonding, and meet all specific requirements for a State inspector. Councilmember Bukkila asked if there are any increases in costs for permits and fees to either the City or the businesses through permits and fees. Mr. Carlberg responded the fee schedule is slightly higher than the State of Minnesota. It covers the City's costs in administrating the permits and the City has to compensate the electrical inspector. Mr. Carlberg stated the fees are similar to what other cities charge. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes July 6, 2011 Page 8 Councilmember Bukkila asked what is the difference in the fees. Mr. Carlberg stated the fees are higher than the State of Minnesota, but not substantially higher and are consistent with other cities are charging for inspections. Mr. Dickinson stated the City is providing an efficient service and keeping the construction process moving in the community so contractors will be able to construct homes in Andover. He advised that some other cities are waiting for the State of Minnesota to come back online. Acting Mayor Trude commented that builders want to stay on schedule, there are commercial businesses that want to expand, and this ordinance will help. Mr. Dickinson stated the League of Minnesota Cities will send an email tomorrow providing a sample ordinance that includes a sunset clause for other cities to use. Acting Mayor Trude commented that this ordinance may speed up inspections in the City. Councilmember Jacobson commented there will be "dueling inspectors" when the State comes back online. This ordinance has no repealer, so the ordinance would be permanent. Mr. Carlberg explained that with this ordinance, the State of Minnesota would not do electrical inspections in Andover. Councilmember Jacobson asked why the City would want to take on this ordinance when the State comes back online and does it efficiently. Mr. Dickinson explained if this ordinance works, the City should consider keeping the ordinance. If not, the ordinance can be repealed. Councilmember Jacobson felt the State does it cheaper and efficiently, so why should the City impose higher fees for providing the same service. Acting Mayor Trude commented it might be more convenient. Mr. Carlberg stated the fees can be adjusted or the ordinance can be rescinded and the City goes back to the State for electrical inspections. Councilmember Jacobson felt the ordinance should be looked at more closely when the State comes back online to see if the ordinance is working and if the cost is appropriate. Acting Mayor Trude suggested talking to the builders to see if they notice a difference between the City and the State. Mr. Dickinson commented the fees are appropriate based on the cost of service. If the cost of service is less, the City has to comply with the statute concerning fees being fair, reasonable and proportionate to the actual cost to provide the service. The City would need to do an analysis of the fee schedule and if the fees are too high, the City will need to lower the fees or go back to the old method. Acting Mayor Trude stated that the City has options and should enact the ordinance and evaluate it after the State is back online. Motion by Knight, Seconded by Jacobson, to approve the items as presented and to amend the City Code, adopt the fee schedule and authorize the City Administrator to execute contracts to carry out the work. Motion carried unanimously. (See Ordinances 411 & 412) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes —July 6, 2011 Page 9 SCHEDULE JULY EDA MEETING Motion by Jacobson, Seconded by Knight, to schedule an EDA meeting on July 19, 2011, at 6:00 p.m. Motion carried unanimously. SCHEDULEAUGUST COUNCIL WORKSHOP Motion by Jacobson, Seconded by Bukkila to schedule a Workshop on August 23, 2011, at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT Mr. Dickinson stated in addition to the work discussed this evening, added responsibilities this week included State government shutdown work, budgetary issues, and overall operations. The Fun Fest is this weekend on Friday and Saturday. He reported the City has a total of 26 permits for new homes in the community. In addition, the City has received an increase in complaints on dogs and cats, and swindle cases from the Sheriff's Department. Mr. Carlberg provided a community development report, noting the City is working on entrance monument signs coming into the City and focusing on the Round Lake Boulevard entrance coming from Coon Rapids. Staff is in the process of having the easement located, which will be marked so the Council can look at the location. Acting Mayor Trude stated that the Council had already looked at the sign locations and would prefer the location be renegotiated closer to the existing sign. The Council was asked to drive by the area to see the staked location. Mr. Carlberg stated Dynamic Sealing Technologies has submitted a commercial site plan for a building addition. He also reported that on July 10, the Andover Boat Club will have a remote control boat race on the ponds by Target in the Andover Station area by the pergola. A time has not yet been set. Councilmember Knight asked when the next music festival is scheduled. Mr. Carlberg responded the music festival is scheduled for July 21 and the music will be Bluegrass. Acting Mayor Trude commented the festival needs more publicity. Mr. Berkowitz stated public works is currently working on ground maintenance for Fun Fest. He reminded the public, there is no parking on the west side of the Community Center. This parking area is intended for craft show vendors and the large truck display. The public can park in any of the schools parking lots. Mr. Berkowitz reported that seal coating of streets is scheduled to begin July 13 and the areas are Regular Andover City Council Meeting Minutes — July 6, 2011 Page 10 1 listed in the latest newsletter. Tonight an engineering project was approved to pave the gravel 2 road on Butternut Street, 173`d Avenue and Flintwood Street. Bids will be received by the end of 3 July, awarded in early August, and construction will begin in mid to late August. He advised that 4 the Hawkridge Park Trail will be paved tomorrow and thanked the North Metro Soccer 5 Association for its contribution toward the project. 6 7 Acting Mayor Trude asked about the status of Crosstown Drive. Mr. Berkowitz stated the 8 curbing is in and paving will be done the end of next week. There will be three lifts of blacktop 9 to pave the road and that project will be completed by the end of July. 10 11 Councilmember Knight asked which streets will be closed for Fun Fest. Mr. Berkowitz 12 responded that Crosstown Boulevard from Hanson Boulevard to Nightingale Street will be 13 closed during the activities, for the parade, and Fun Run. Councilmember Knight asked about 14 161St Avenue. Mr. Berkowitz stated 1615` Avenue will be open during Fun Fest. 15 16 Acting Mayor Trude commented that Representative Scott is in the audience and asked if she 17 wanted to address the Council. Councilmember Jacobson asked Representative Scott about the 18 State government shutdown. Representative Scott stated that the Governor brought up two new 19 taxes on clothing and cigarettes, but there is no movement on the budget. 20 21 Acting Mayor Trude stated the Fun Fest schedule is posted on line and there will be lots of fun, 22 food, and activities. She stated this is a community event and is run by volunteers. 23 24 Councilmember Bukkila asked if there are maps for the Fun Fest for the residents. Mr. 25 Dickinson stated he will recommend providing maps to the Fun Fest Committee. 26 Councilmember Jacobson asked Mr. Dickinson to suggest to the Fun Fest Committee that it 27 choose another date for future Fun Fests due to conflicting events in other cities. 28 Councilmember Bukkila stated she received one complaint about the date. 29 30 Acting Mayor Trude recessed the meeting at 8:10 p.m. to go into a closed session to discuss 31 property damage claim, 2244 1491h Avenue NW, and termination of employment, Krattenmaker. 32 33 The Council reconvened at 9:21 p.m. to adjourn. 34 35 Motion by Jacobson, Seconded by Knight to adjourn. Motion carried unanimously. The meeting 36 adjourned at 9:21 p.m. 37 38 Respectfully submitted, 39 40 Linda Dahlquist, Recording Secretary 41 42 43 44 45 1 Regular Andover City Council Meeting Minutes — July 6, 2011 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JULY 69 2011 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... I AGENDAAPPROVAL ................................................................................... ............................... 4 APPROVALOF MINUTES ............................................................................ ............................... 4 CONSENTITEMS .......................................................................................... ............................... 5 Item2 Payment of Claims ......................................................................... ............................... 5 Item 3 Approve Plans & Specs /Order Advertisement for Bids/11 -2a, Flintwood St., Butternut St., 173`d Ave. & Flintwood St. (See Resolution R051- 11) . ............................... 5 Item 4 Approve Plans & Specs /Order Advertisement for Bids /11 -11 Andover Station North Ball Field Parking Lot Expansion (See Resolution R052 -11) ............. ............................... 5 Item 5 Accept Contribution/CenterPoint Energy /Andover Fire Dept (See Resolution R053- 11) ........................................................................................................ ............................... 5 Item 6 Approve Massage Therapy License/Inner Sanctum Salon & Spa . ............................... 5 Item 7 Amend Fee Ordinance /Code /Trailer Parking Fine (See Ordinance 409) ..................... 5 CONSIDER CODE AMENDMENT / TITLE 6 CHAPTER 2 / PARKING REGULATIONS / PARKING BOAT TRAILERS / VIOLATIONS; PENALTY (See Ordinance 408) ................. 5 CONSIDER CODE AMENDMENT / TITLE 5 CHAPTER 4 / WEAPONS DISCHARGE / EXEMPTIONS FROM PROVISIONS (Ordinance 410) ............................ ............................... 6 CONSIDER CODE AMENDMENT /TITLE 9, CHAPTER 14 /ELECTRICAL CODE PROVISIONS AND TITLE 1, CHAPTER 7 -3, PERMIT FEES, SERVICE CHARGES, AND PENALTIES (See Ordinance 411 & Ordinance 412) ................................. .........................:..... 7 SCHEDULEJULY EDA MEETING .............................................................. ............................... 9 SCHEDULE AUGUST COUNCIL WORKSHOP ......................................... ............................... 9 ADMINISTRATORREPORT ........................................................................ ............................... 9 • 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: July 19, 2011 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $200,451.02 on disbursement edit list #1- 3 from 06/30/11 — 07/15/11 have been issued and released. Claims totaling $331,536.88 on disbursement edit list #4 dated 07/19/11 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 REQUESTED The Andover City Council is requested to approve total claims in the amount of $531,987.90. Please note that Council Meeting minutes will be used as documented approval. 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Q �I 0 a �L A O z U H 0 z b W U �o �o U M n l7 o' O � rn x� �o Ud ti N r O M M 00 N h M M M Vl N N M O N O U d O .y • U G rr � V N o a�i i �> o w o z h U U U F F 0 U N x� �r N a a a cn M N N:D OVE^ �Qrk 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 Direcl FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Debt Service Payments DATE: July 19, 2011 INTRODUCTION Attached are debt service payments to be paid on July 22 and July 29, 2011. DISCUSSION Debt service payments totaling $1,212,044.18 are due on August 1, 2011. These are scheduled debt service payments. BUDGET IMPACT These are scheduled debt service payments. ACTION REQUESTED The Andover City Council is requested to approve total payments in the amount of $1,212,044.18. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, `t vu Lee Brezinka Attachment CITY OF ANDOVER Debt Service Payment Schedule - August 1, 2011 General Obligation Revenue Bonds 2002 G.O. Water Revenue Bonds 2004 EDA Public Facility Lease Revenue Bonds 2006A EDA Public Facility Lease Rev Refunding Bonds 2007 EDA Public Facility Lease Rev Refunding Bonds 20078 G.O. Water Revenue Refunding Bonds 2009A G.O. Water Revenue Bonds Certificates of Indebtedness 2008A G.O. Equipment Certificate 2009A G.O. Equipment Certificate 2010A G.O. Equipment Certificate Capital Improvement Bonds 2004A Capital Improvement Bonds Permanent Improvement Revolving Bonds 2010A G.O. FIR Refunding Bonds State Aid Bonds 2009A State Aid Street Refunding Bonds Referendum Bonds 2010A G.O. Open Space Bonds Principal Interest Total $ - $ 166,896.25 $ 166,896.25 - 453,295.63 453,295.63 - 212,113.75 212,113.75 escrow - 145,991.25 145,991.25 escrow - 133,073.13 133,073.13 escrow - 15,353.75 15,353.75 - 2,905.00 2,905.00 - 1,462.50 1,462.50 - 1,766.67 1,766.67 - 37,858.75 37,858.75 - 11,250.00 11,250.00 - 9,295.00 9,295.00 20,782.50 20,782.50 $ $ 1,212,044.18 $ 1,212,044.18 LF F-1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 . WWW.CI.ANDOVER.MN.US To: CC: From: Subject: Date: Mayor and Council Members Jim Dickinson, City Administrato David D. Berkowitz, Director of I Kameron Kytonen, Natural Resources Technician ;r Approve Emerald Ash Borer Management Plan/10 -32 - Engineering July 19, 2011 INTRODUCTION The Emerald Ash Borer (EAB) is a devastating insect that attacks all species of ash trees. It was found in Minneapolis in 2010, and threatens to spread into other parts of Minnesota. Since first being found near Detroit, Michigan in 2002, this insect has killed millions of ash trees in Michigan, Ohio, Indiana and some Canadian provinces. Staff brought the draft EAB Management Plan to several workshops for discussion. Since then, numerous modifications have been made based on comments from Council Members. DISCUSSION The management plan will act as a blueprint for planning and management if and when EAB arrives here in Andover. The next step will be modifying the Diseased Tree Code (City Code 4 -3) and the Diseased Tree Removal /Sanitation Enforcement Policy. ACTION REQUESTED The City Council is requested to approve the EAB Management Plan. Respectfully submitted, Kameron Kytonen Natural Resources Technician Attach: Draft Emerald Ash Borer Management Plan DRAFT City of Andover Emerald Ash Borer Management Plan/Program PURPOSE The City of Andover supports a proactive approach to identifying and planning for Emerald Ash Borer (EAB) infestations to help spread the costs over a manageable time period and limit the detrimental effect on property value, quality of life and the environment. APPLICABILITY This management plan is applicable to all public and private properties within the City. EAB COORDINATOR The Natural Resources Technician (NRT) shall be responsible for implementing and overseeing this program. HISTORY OF EAB EAB (Agrilus planipennis) is an introduced pest that has been confirmed in fourteen (14) states, including Minnesota, and two (2) Canadian provinces. It was first discovered near Detroit, Michigan in July 2002. Since its initial finding, millions of ash trees have died and it's cost states, municipalities, nurseries, forest industries and property owners millions of dollars. EAB attacks all species of ash trees (Fraxinus spp.) found in Minnesota, which include green ash (Fraxinus pennsylvanica), black ash (Fraxinus nigra) and white ash (Fraxinus americana). Minnesota is home to more than 900 million ash trees statewide. Mountain ash are not of the Fraxinus genus, so are unaffected by EAB. By the end of 2010, EAB has been confirmed in three (3) Minnesota counties: Hennepin, Ramsey and Houston. It is uncertain when EAB will move beyond the known infestation sites and impact Andover. While the adult beetles feed on ash leaves and do little damage, the larvae feed on the inner bark of trees, disrupting its ability to transport water and nutrients up to the canopy. As the number of larvae in a tree increases, less water and nutrients reach the canopy, resulting in dieback in the canopy. Initial attacks tend to be in the upper portions of the canopy. By the time visible symptoms are obvious, the population of EAB has grown and likely spread to other ash trees in the area. RECOGNITION OF EAB Signs/symptoms of EAB that can help detect an infestation include: • Increased woodpecker activity /damage • Bark splitting (vertical slits) • Canopy dieback • D- shaped exit holes created by adult insects as they emerge from the tree • Epicormic branching/shoots near base of tree • Serpentine (s- shaped) larval galleries that are packed with frass JOAFF EDUCATION The City will continue to educate residents and elected officials concerning EAB using newsletter articles, segments on QCTV, the website and public and group presentations. TRAINING The NRT will stay informed about EAB outbreaks and research, including outcomes of the pilot programs with wasps. City staff will be trained by the NRT to aid in City planning, responsible tree removal and disposal and coordination of City response. INVENTORY A local ash tree inventory will allow the City to determine what is at stake, help determine which areas should rank as priority management areas and help with overall planning efforts. Currently, the NRT has begun recording GPS locations of ash trees while in the field. Data collected includes number, size, condition and management recommendations. Conducting a broader sample survey or complete inventory provides these benefits: • Provide the percentage of public and private trees that consist of ash species • Help plan for budget impacts for removal and replacement of trees • Locate priority areas for tree management plans • To forecast potential impacts of infected trees on private property • Estimate volume of wood potentially requiring disposal • Identify homeowner associations that may benefit from education and planning DETECTION AND MONITORING Staff will continue to inspect public and private properties, both on request and during routine inspections. Suspect trees will be carefully analyzed. Sampling mechanisms to be used will be consistent with Minnesota Department of Agriculture (MDA) guidelines and will include but not be limited to visually looking at all parts of the tree, branch removal and bark shaving with a drawknife. Staff from the MDA will be contacted if EAB is suspected or confirmed in a tree. If staff detects an early infection which is limited to a few trees, the City may encourage tree removal to slow the rate of spread. As in the past, the City will volunteer to allow MDA to set up purple traps in trees on public and private properties (with permission), to determine a presence of beetles in the City. The traps use a sticky substance to trap the beetles. ORDINANCE REVISION The City will revise its diseased tree ordinance to include EAB as a threat to the urban and community forest. The ordinance amendment will specify requirements for proper management of EAB infested trees. WIM ASH TREE REMOVAL • Public trees (as authorized by the EAB Coordinator): • Any boulevard tree found to be positively infected with EAB will be removed • Any park tree in a landscape setting infected with EAB will be removed • Trees in wooded areas in a park that are positively infected with EAB and deemed a safety hazard will be removed. All other cases will be looked at on a case by case basis • Any stressed tree may be removed • Any tree may be removed, if determined appropriate; reasons may include under power line, safety hazard, near infection center, etc. • Private trees: o EAB Coordinator will advise property owners of available options. Details on removal requirements will be specified in approved diseased tree ordinance. TREE DISPOSAL AND UTILIZATION Approved options for proper disposal of wood positively infected with EAB: • Transporting the wood to an approved disposal site • Chipping the wood to dimensions no greater than 1" x 1" x 1" • Burning • De- barking (removing all bark and at least 0.5" of outer wood) • Treatment (including heat treating, kiln drying, fumigating, seasoning or another method approved by the MDA) The NRT will continue to seek creative, cost effective ways to utilize ash trees. Examples may include finding a small scale logger who has a special market for ash or a property owner with a sawmill who makes unique products out of ash. PLANTING Ash will no longer be planted on public properties or recommended to be planted on private properties. Ash trees have been removed from the "City of Andover Tree Planting Recommendations" handout. Staff will encourage planting other species. Native species found from common seed sources are highly recommended. The City will also plant a variety of species, as diverse plantings reduce impacts of insect or disease outbreaks. CHEMICAL TREATMENTS Currently, there are no cost - effective treatments for widespread city consideration. The EAB Coordinator will provide consultation and information to help property owners devise treatment plans, as requested. Information will includeg the handout "Homeowner Guide to Insecticide Selection, Use and Environmental Protection." Staff will advocate for responsible application of chemicals that can be done by a non - licensed person. For chemicals that require professional application, only Certified Pesticide Applicators shall be recommended. 00AFT BUDGET The City Forestry Fund will include a new category called "EAB Fund" and will fund this plan beginning in 2012 with a $5,000 allotment. Each year, an additional $5,000 may be added. The NRT will continue to seek grant opportunities to fund this plan. PARTNERSHIPS /CURRENT ACTIVITIES The City will continue to work with the MDA, DNR, Minnesota Shade Tree Advisory Committee (MnSTAC) and neighboring communities. The NRT is a board member of MnSTAC and as current chairman of the Forest Health Committee, is working on hosting a discussion on EAB for communities around the state. The City held a meeting with neighboring communities in August 2009, and plans to hold more meetings in the future. Included local units of government include the Cities of Blaine, Coon Rapids, Ham Lake, Ramsey and Anoka County Parks. Regular meetings will allow for idea and resource sharing and a regional EAB program that is consistent and cost effective. SUMMARY EAB poses a serious threat to Andover's urban and community forest. The City will implement this EAB Management Plan/Program to the extent feasible. This management plan is dynamic and subject to revision(s) as new information about EAB becomes available and/or as new treatment options are identified. Furthermore, this plan is also subject to revision should state and/or federal policies necessitate plan updates. 2011 TASKS /GOALS • Present plan to and train City staff about EAB • Develop and provide information packet to public works staff • Send information on EAB to Andover Licensed Tree Care Companies • Meet with neighboring communities (Ramsey, Ham Lake, Blaine, Coon Rapids and Anoka County Parks) • Continue inventory • Remove stressed ash trees in boulevards and parks • Prepare education materials on EAB for public events, newsletter & website • Have booth and/or presentation at Home Show • Establish Budget to be included in the City 2012 Annual Budget CONTACTS EAB Coordinator: Kameron Kytonen, Natural Resources Technician: 763 - 767 -5137 k.kytonen@a,andovermn.gov www.andovemin.gov MDA Arrest the Pest Hotline: 651- 201 -6684 i -.: . 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -892 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administra FROM: David L. Carlberg, Community Development Director SUBJECT: Approve Ordinance Summaries DATE: July 19, 2011 REQUEST The City Council is requested to approve the following ordinance summaries: Ordinance No. 408 Summary — An Amendment to the City Code 6 -2 Parking Regulations Ordinance No. 410 Summary — An Amendment to the City Code 5 -4 Weapons Ordinance No. 411 Summary — An Amendment to the City Code 9 -14 Electrical Code Ordinance No. 412 Summary — An Amendment to the City Code 1 -7 Permit Fees BACKGROUND The City Council approved the ordinances for these summaries at the July 6, 2011 City Council meeting. Minnesota Statutes 412.191, Subd. 4, allows the City to publish summaries of ordinances when the ordinances are lengthy or include charts and maps. A 4/5 vote of the City Council is required to approve an ordinance summary. ACTION REQUESTED Approve the attached ordinance summaries as presented. Respectfully submitted, David L. Carlberg CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 408 SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE 6 -2 PARKING REGULATIONS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare and to change to penalty for parking a boat trailer on school property or within 1,000 feet of the Crooked Lake boat launch from a misdemeanor to a petty misdemeanor. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 19th day of July , 2011. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 410 SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE 5 -4 WEAPONS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare and to provide the City Council the ability to grant exceptions to allow the discharge of weapons for managing and controlling wildlife, for target shooting as an accessory use to a retail business or as a special event or competition, and for law enforcement training 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 in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 19'' day of July, 2011. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 411 SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE 9 -14 ADOPT ELECTRICAL CODE STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare and to incorporate the Minnesota Electrical Act into the ordinance to allow the City to administer and enforce electrical codes in conformance with Minnesota Statutes 326B. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 19th day of July, 2011. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor 1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 412 SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE 1 -7 -3 PERMIT FEES STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare and to establish fees for the administration and enforcement of electrical codes. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 19'h day of July. 2011. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor 1 C 9 f'b'y �il� 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: Erick Sutherland, Recreational Facility Manager SUBJECT: Approve - Fee Ordinance No. 400 DATE: July 19, 2011 The Recreational Facility Manager along with the ACC Advisory Commission is recommending the following changes to the Fee Ordinance. ice Current Proposed Effective Prime - Weekdays $180.00 $185.00 9/1/11 Prime - Weekends $180.00 $185.00 9/1/11 Field house Current Proposed Effective Prime - Weekdays $45.00 $46.00 9/1/11 Prime - Weekends $45.00 $46.00 9/1/11 9pen Skate Current Proposed Effective Zhild/Student $3.00 $4.00 9/1/11 Adult $4.00 $5.00 9/1/11 hild/Student/AdultResident $2.00 $3.00 9/1/11 Adult Non- Resident $4.00 $5.00 9/1/11 *A survey of other facilities was done to help determine the proposed changes. BUDGETIMPACT The additional revenues will help off set the operational costs of the Community Center. ACTION REQUIRED The Andover City Council is requested to approve the new fee ordinance for the Andover Community Center. Respectfully submitted, �tf L Erick Suthe and Recreational Facility Manager 0 . -V CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. 400 AN ORDINACE AMENDING THE CITY CODE TITLE 1 -7 -3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLCTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: City code 1 -7 -3 is hereby amended as follows: Community Center Ice -Prime Weekdays and Weekends $185.00 Field house -Prime Weekdays and Weekends $46.00 Adult Open Skate $5.00 Child /Student Open Skate $4.00 Open Gym Child /Student /Adult Resident $3.00 Open Gym Adult Non- Resident $5.00 Adopted by the City Council of the City of Andover on this Attest: CITY OF ANDOVER Michelle Hartner- Deputy City Clerk Michael R. Gamache -Mayor IF IF AN&! ^': NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Commander Kevin Halweg — Anoka Co'bnfy Sheriff's Office Anoka County Sheriffs Office Monthly Report - Sheriff July 19, 2011 INTRODUCTION Commander Kevin Halweg from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. _ DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Commander Kevin Halweg Anoka County Sheriff's Office 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WW NDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Dave Carlberg, Community Develop ent irector FROM: Courtney Bednarz, City Planne# SUBJECT: Consider Conditional Use Permit/Outdoor Storage /ABC Mini Storage /13624 Hanson Blvd - Planning DATE: March 15, 2011 INTRODUCTION The applicant would like to utilize the open area along the west side of the site for parking of vehicles and trailers as a part of the business. Exterior storage in the Industrial Zoning District requires conditional use permit approval. The attached site plan and aerial photograph show the area proposed for this use. DISCUSSION City Code 12 -14 -6 B. provides the following criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan, the City Council may grant such permits. Conditional Use Permit Review As a part of this review the city compares the site conditions to the current requirements of the City Code. Due to the age of the facility (1985) and changes to the city's regulations over the years, there are a few items that are out of compliance with the current City Code. Operation of the Site The applicant will be present at the meeting to provide details on the way the site is operated. In discussions with the applicant, he indicated that security gates, cameras and lighting have been upgraded. Additionally there is an employee on site during the hours of operation which are from lam to 7pm. Access to the facility is not permitted after hours except on rare occasions by appointment. Operation of the Site The applicant will be present at the meeting to provide details on the way the site is operated. In discussions with the applicant, he indicated that security gates, cameras and lighting have been upgraded. Additionally there is an employee on site during the hours of operation which are from lam to 7pm. Access to the facility is not permitted after hours except on rare occasions by appointment. Outdoor Storage Area The area proposed for outdoor storage is partially gravel and partially lawn area nearer to Grouse Street NW. The applicant proposes to provide additional gravel to cover the proposed outdoor storage area. The asphalt area adjacent to the westerly storage buildings will remain open for patrons that utilize the spaces in those structures. City Code 12 -13 -8 requires parking and storage areas to have a paved surface and curb and gutter. To expand the existing parking/storage area without meeting these requirements would require a variance to the City Code. Screening A chain link fence exists along the entire perimeter of the facility. The applicant proposes to provide slats within the fence along the west side of the site as well as the north and south sides of the site to the westerly line of the storage buildings to address the screening requirements of City Code 12- 13 -5A. Staff can work with the applicant to ensure that a modern durable slat is installed to be as architecturally compatible with the site as possible. Landscaping Five trees currently exist on the site. The 14 trees along Grouse Street NW that are slightly visible in the attached aerial photograph were removed by Xcel Energy due to the potential mature height of the trees and their location within the overhead utility line easement. The table below compares the site to the city's current landscaping requirements. Unless these requirements are met, a variance to the landscaping requirements would be necessary to approve the proposed conditional use permit. City Code 12 -13-6 Tree Requirements Shrub Requirements Site Perimeter 1300 feet 1 tree per 50 feet 26 1 shrub per 20 feet 65 Bldg Perimeter 636 feet NA 0 1 shrub per 10 feet 64 Total Required Trees 26 Required Shrubs 129 Existing Trees 5 Existing Shrubs 0 Additional Required Trees 21 Additional Required Shrubs 129 Parking Area Setback City Code 12- 13 -8F.a. requires a twenty foot parking area setback from front property lines. The existing parking area is paved to the front property line along the east side of the site. Due to the limited space between the storage buildings and property line it would not be possible to comply with the 20 foot setback and continue to provide space for people to access the storage buildings and allow for traffic circulation. A variance to the front yard parking setback would be necessary to allow approval of the proposed conditional use permit. Parking Stalls City Code 12 -13 -8 G. provides a method for calculating the minimum number of striped, 10 foot by 18 foot parking stalls that are required. There does not appear to ever have been striped parking Z stalls on the site. Additionally, the categories for parking ratios do not include self storage or a similar use. Staff suggests that the city utilize the `Other' category which states: "Other uses not specifically mentioned herein shall be determined on an individual basis by the City Council. Factors to be considered in such determination shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles." Due to the type of use, the area immediately in front of each storage garage provides space for customer parking as well as conforming drive lanes to allow for traffic circulation. Employee and the occasional customer parking are located at the southeast comer of the paved area of the site. Summary of Variances and Potential Findings If the city chooses to grant the conditional use permit and does not require compliance with the current requirements of the City Code three variances would need to be granted. The information below provides potential findings for the Council to consider. City Code 12 -13 -8 Paving and Curb Requirements The applicant will address this item at the meeting. City Code 12 -13 -6 Landscaping Requirements The design and location of the buildings on the site and the paved areas required to allow access to the buildings and for traffic circulation around the site result in very limited space for landscaping to be provided. The area west of the storage buildings is encumbered by an overhead transmission line easement which further restricts the landscaping of the site. City Code 12- 13 -8F. Front Yard Parking Area Setback Due to the limited space between the storage buildings and the front property it would not be possible to comply with the 20 foot setback and continue to provide space for people to access the storage buildings and allow for traffic and emergency vehicle circulation. Planning Commission Recommendation The Commission recommended approval of the conditional use permit and all of the variances described in the staff report with a 4 -2 vote (see attached minutes). Additionally, the Commission requested that a consistent Class 5 (gravel) surface be provided within the outdoor storage area. The dissenting Commissioners had the following concerns with the proposal: 1. The expansion of outdoor storage and promoting non compliance with the city's performance standards is contradictory to the city's efforts to improve the appearance of this area of the city. 2. (At that time) current case law regarding variances required the city to determine that no reasonable use can be made of the site for variances to be granted. ACTION REQUESTED The Council is asked to approve or deny the proposed conditional use permit. If the Council chooses to approve the conditional use permit, please also determine whether site improvements will be required to meet current City Code requirements or whether variances will be approved for one or more of the items listed above. If the Council chooses to deny the conditional use permit, please include findings for denial. The attached resolution has been prepared in a format for approval based on the recommendation of the Planning Commission with the exception of the newly established criteria for variances. The staff report provides information from the Planning Commission meeting both for and against the proposed variances. This information and the Council's discussion can be used to modify the attached resolution. Attachments Resolution Location Map Site Plan Aerial Photograph Xcel Energy Encroachment Agreement Planning Commission Minutes March 15"' Council Minutes ReWctfumitted, CC: Kraig Domogalla ABC Mini Storage 13624 Hanson Boulevard NW 01 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE WITH VARIANCES FOR ABC MINI STORAGE LOCATED AT 13624 HANSON BOULEVARD NW LEGALLY DESCRIBED AS: The East 415 feet of Lot 15 WATTS GARDEN ACRES; Except Road; subject to easements of record WHEREAS, ABC Mini Storage has requested a Conditional Use Permit for outdoor storage to allow parking of vehicles and trailers on the subject property; and WHEREAS, the proposed expansion of the parking area would require variances as follows; 1. City Code 12 -13 -8 Paving and Curb Requirements 2. City Code 12 -13 -6 Landscaping Requirements 3. City Code 12- 13 -817. Front Yard Parking Area Setback WHEREAS, the Planning Commission has conducted a public hearing and recommends to the City Council approval of said conditional use permit and variances; and WHEREAS, the City Council received the recommendation of the Planning Commission; and WHEREAS, the City Council finds the request is /is not in harmony with the purposes and intent of the ordinance because WHEREAS, the City Council finds the request is /is not consistent with the Comprehensive Plan because WHEREAS, the City Council finds the property owner does /does not intend to use the property in a reasonable manner not permitted by the ordinance because WHEREAS, the City Council finds there are /are not circumstances unique to the property that were not created by the landowner because WHEREAS, the City Council finds the variance will /will not maintain the essential character of the locality because 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 conditional use permit for outdoor storage with variances to subject to the following conditions: 1. The area of outdoor storage shall be limited to the area illustrated on Exhibit A. A ten foot setback shall be kept clear of outdoor storage along the west, north and south property lines of the designated area. W 2. The applicant shall provide slats to the full height of the chain link fence in the areas shown on Exhibit A. Prior to installation, the applicant shall provide samples of the proposed material to the city for approval. 3. All vehicles, trailers and equipment within the outdoor storage area shall be in operable condition. There shall be no storage of partially dismantled or substantially damaged vehicles trailers or equipment. 4. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 14 -6D. Adopted by the City Council of the City of Andover on this _`f' day of , 2011. ATTEST: Michelle Hartner, Deputy City Clerk Z CITY OF ANDOVER Michael R. Gamache, Mayor 1966 133F Kb-6W- Incorporated A 1974 Location Map ABC Mini Storage 13624 Hanson Boulevard 13901 6,1 13811 13829 13609 13811 1657 ImIHAVE - 13797 1370 1850 = - - 13779 1777 13753 ... . .. . . ... . . .... 1786 1714 1355 13533 - - �2 13625 1891f ,1693 - --- -- ---------- -0- A 13625 i V up Z 0 N z am 13.9T :2 i 1136_8f 64 _383 1485 --- ---- `l1835 12 Lj 1 37TH 14 �V I BUNKER a1KE BLVD -- - ---------- - ------ ------ I - - ------- 0 1530 1350 13545 1 J -- I J laal]ieisf' (ml -J 13533 13535 I I - ------- - - - ,1335: 1333E 13320 13309 li Subject Property 13630 13476 :13431 i° 513 - ----- -- -- 13381 13350 7 13301 N W- E S is G fj -b � n' io n p 2 P Ul 4 3- � � w d a rt � N N Y. O N w V -J (] yA Y� n � 'n• .I tl a Cr W m � r, ember m a py I' co z n rm • rorp� o m a H p C p C ci m �I o �6; N ME = N � fil 9 b S fJ G C •wJ' N Y• Y• ("r c-f n n w y x- v w yamy' z Q -t ry C 6 o r. O C -1 d O W w m � b ��1 � (D ( n 6 N w n (Nn N �' N (nU = Y• � � r- d r+ fo •� . -3 w a c -ws �• o a- "mss o n C2 co Cf _ Y � C.6 db r?✓S"p • wr , J 2`3.0_' 30. - IIO.O Z p D42' ,e8'AId G`LiX, -E N Pf�42'r8'rIID aDi -C z- Mo';TbU Ri.11taNU5 °� hfazlDn] CLNLD�tJL�s S Q PaPo�42'x9'xllo' -D N PROPO�D42.'xg'.�IIO'f� -8 MOPT6M WILD N6,S MORTON 5UM>M& d zZ x W G O - Z }E U Y ' — - — - — - — - — - — - --------------- - VI a - - - - - -- - -- ------ - - - - -- - -- c >>7 - @@ In Ul 4 3- � o � -m m I� NSON BwD N.W. AmnkA Co. X78 8 • I •• w Cie Uv'i pkA� 9 c� n' Yy f t % O ` ©�r,-'� srcRAGE a o - /6n I t•- i i 1111 i r t 3� j 1 (VA' Xcel Energy NORTHERN STATES POWER January 25, 2011 Kraig Domogalla ABC Mini Storage of Andover 13624 Hanson Blvd NW Andover, MN 55304 414 NICOLLL"T MAU , MP-S MINNt-AI'OLIS. MN 55401 Emailed kra igdomogalla @aol.com ENCROACHMENT AGd2EEMENT Project: Proposed Outside Storage /Parking Area, ABC Mini Storage of Andover, 13624 Hanson Blvd NW, Andover, NIN Line 0964/0992 NE1/4 SB1 /4, Sec. 34, T32, R24, Anoka County File: 2011.032 Dear Kraig; Please be advised that this Encroachment Agi•eement is not effective until signed acid returned to Xcel 1E>nerpy vvithin 30 Trays of the date of this letter, after that Period it is NULL and VOI D. Xcel Energy has revie-wed the tre'onosed outside storage area /parldnng lot at ABC Rini Storage at '1362A Hanson Blvd Nil in Andover, B!$1?t encroachment request submitted January 20, 2011. The encroachment is acceptable to Xcel Enemy by adhering to the following and is conditionally approved with the provision that working clearances to Xcel Enemy's transmission lines are complied with during construction and subsequence operation, maintenance and future decommissioning of the requested facility. Xcel Energy's review of the proposed work indicates that the anticipated construction activities may be difficult to complete given the clearance requirements for this transmission line. Please refer to Section 5, Clearances to equipment and workers, for working clearances for this project. The encroacinnent requestor is responsible for ensuring construction activities do not violate the working clearance without proper protective measures and additional review from Xcel Energy. Additional review is required from Xcel Energy to wort: within the working clearance zone. To provide this review, Xcel Energy will need to be informed of the activities, methods and equipment that will be used for construction. If working clearances camnot be observed during construction, OSI-[A and National Electric Safety Code (NT-SC) clearances must also be checked. If it is determined that work cannot be completed with adequate OSHA and NESC required clearances, the power transmission line will have to be removed from service (line outage) prior to construction, see Section 5 for instructions for arranging a line outage. Due to operational constraints on the electrical transmission system, a line outage may be difficult to schedule — therefore construction schedules should reflect the uncertainly Page 1 of ra Page 2 of 4 11251201 associated with the availability of a line outage. Specifically Sumner and winter season outages may not be available at all for power transmission lines. (1) )excavation close to structure location. A minimum distance of 25 feet of supported earth must be maintained from any part of the line structure. Support of the ground beyond the 25 feet may be provided by a slope no greater than three feet horizontal to one foot vertical. Support may also be provided by the use of cribbing, sheet piling, retaining wall or tunneling. The specific plan for providing the required support and the excavation plan for the proposed project must be submitted to Xcel Energy for review and approval prior to construction start. (2) Grade change around structure location. Pill around or above steel structure foundations is not permitted. The grade aroundthe structures must provide for surface water runoff — no surface water ponding around structures will be permitted. Any cost related to the adjustment of Xcel Energy's facilities will be at the requestor's expense. (3) Fill and grade change around guy wires and anchors. Fill above the steel anchor rod onto the guy wire is not permitted. The specific plan for any grade change or excavation in the vicinity of down guys and anchors must be submitted to Xcel . Energy for review and approval prior to construction start. (4) Grade change within easement. The ground elevation within the easement shall not be increased above the existing grade. Stockpiling of soil and /or material within the easement will not be permitted. (5) Clearances to equipment and workers. A working clearance of 25 feet between the electrical conductors and any cranes or digging equipment used in or near the easement and a clearance of 25 feet to the physical proximity of workers must be maintained at all times. In addition, any construction near the transmission line(s) shall comply with all OSHA Safety Clearances. If this clearance cannot be maintained, the contractor or developer must arrange for a line outage by callinn Xcel Energy's System Control department (Steve Rollin 612/330 - 2375). Adequate advanced notice must be provided in order to schedule a line outage, if an outage is available. There is a fee of approximately $350.00 per day, per outage, for this service. This fee must be paid prior to outage. The preceding two paragraph(s) must be inclzaded in a prominent location on the plan sets and specifications given to contractors. (6) Landscaping within the easement. Detailed plans for landscaping (including light standards) must be submitted to Xcel Energy in advance of construction for review and approval prior to construction start. Generally shorter varieties of trees and shrubs, 15 feet or less manure height, may be considered. If planting is 0 Pagc 3 of * 4 112512071 permitted, the line's voltage and the tree's mature height and the distance from the line must be considered. For maintenancepurposcs there shall be no planting within 15 feet of structure sites. (7) Building on easements. There shall be no permanent or temporary building allowed within the easement area. (8) Fuel and refueling on easements. There shall be no fuel tanks stored or refueling of vehicles and equipment within the easement. (9) Streetlights and signs on easements, if there are to be streetlights, signboards, identification signs or any other type of non - building structure within the easement, detailed plans must be submitted to Xcel Energy prior to construction for review and approval to verify compliance with electrical code clearances prior to construction start. Metallic structures must be properly ;rounded. The same working clearance criteria as stated in paragraph 5 also applies, for equipment used to erect and install light standards, sign boards, etc. Any metallic structure, pole, wire or item placed in the vicinity of a high - voltage transmission line will have the potential to become electrically charged clue to electrical induction. The development of an electric charge results in a potential difference between the metal installation and the ground, which can result in electrical shocks when the item is touched. Placement of such metallic installation should take into consideration the shock potential during the; construction, intended use AND future maintenance activities. Items which become charged must be connected to a grounding rod or grounding system to prevent shocks. (10) Fences on easements. If the easement area is fenced, gates must be installed to provide access to Xcel Energy for maintenance purposes. Chain link or other types of fences using metal material and constructed on or near an Xcel Energy easement should be properly grounded to prevent shocks. (11) Structure protection. Where streets, parking lots or other areas are developed which expose transmission structures to vehicular traffic, steel post or guardrail type barricades must be installed in accordance with Xcel Energy specifications. In some cases, curbing will provide adequate protection It is the express condition of this consent that all other terms and conditions of that certain easement granted by Carl Sorensen et a] on November 18, 1969, and recorded as Document No. 66205 shall remain in full force and effect. A copy of the signed Encroachment Agreement shall be kept on site, available for review by Xcel Energy representatives, until all construction and site restoration has been completed. 14 Page 4 of 4 11251201.1 To acknowledge receipt of and agreement with the terms of this consent, prior to the commencement of any activities, please sign this letter and return it to me by fax. Fax signatures are accepted to expedite this rop cess. If this signed agreement is not received back within 30 days of the date of this agreement, it will be presumed that you are not in agreement with its content and this agreement will be considered null and void, the file will be closed, your request witt need to be resubmitted and the City or County Zoning Office will be notified of our action. Any changes to this original agreement shall make this agreement hall and void unless initialed b ✓both parties. Thank you for your courtesy and cooperation. Sincerely, Bonnie Anderson ACC11 Land Rights Agent Siting and Land Rights Dept. 612- 330 -6241 By 612 -573 -9227 (fax) Name: bonnie.i.anderson(iuxcelenerg coin Its^ cc: Dave Berklund Will Pim / JA -Ul; (0984/0992, Str. 154-18'5) 1:3 DIM o xw"I'L PLANNINGAND ZONING COMMISSIONMEETING MARCH 8, 2011 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Kirchoff on March 8, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Kirchoff, Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Michael Olsen, and Devon Walton. Commissioners absent: Chairperson Daninger. Also present: City Planner, Courtney Bednarz Others OATH OF OFFICE Commissioners Holthus and Olsen took the Oath of Office. APPROVAL OFMINUTES. December 14, 2011 Motion by Cleveland, seconded by Holthus, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 2- present (Walton, Olsen) 1- absent (Daninger) vote. PUBLIC HEARING CONDITIONAL USE PERMIT (11 -01) FOR OUTDOOR STORAGE AT ABC MINI STORAGE LOCATED AT 13624 HANSON BOULEVARD NW. Mr. Bednarz noted the purpose of this item was to hold a public hearing and take input on the application for a Conditional Use Permit at ABC Mini Storage for outdoor storage. Commissioner Olsen asked if Council had taken a position regarding the variance legislation. Mr. Bednarz responded the Council was following legal advice to issue variances very carefully. Commissioner Olsen stated it appeared the Supreme Court had limited the variance rules and had basically tied the hands of the Cities. Motion by Walton, seconded by Cleveland, to open the public hearing at 7:13 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Kraig Domogalla, ABC Mini Storage, 13624 Hanson Boulevard NW, stated he had owned the mini storage business since 2004 and he was attempting to get additional income as his property taxes have raised significantly the past few years. He noted this area would be used for boat and other outdoor storage. He noted this had a gravel base and had remained untouched since he purchased the property. He did not believe buses had been stored on the site prior to his purchase. He noted there was a back gate, but that gate was locked. He indicated hours and access would not change. He stated he would add additional cameras to cover the storage area. He stated everything that would be stored was on a month to month lease. and he would not allow junk to be stored on the property. Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2011 Page 2 Commissioner Cleveland asked what type of storage he was talking about. Mr. Domogalla stated he believed he would have approximately 22 stalls for rent. Commissioner Cleveland asked if any of the area was paved. Mr. Domogalla responded there was no pavement and there was a power line easement overhead, so he could not build any structures. He stated the best that could be done in this area was storage, which could be moved as needed. Commissioner Cleveland asked if the amount of impervious surface would be an issue. Mr. Bednarz responded that it would not. He added that east side of the site drains to Grouse Street and the pond to the south. The City Engineer had been consulted and it was his belief that the drainage would continue work the same. Commissioner Gudmundson inquired about the current snow storage. Mr. Domogalla responded he had a lot of room to put snow and if necessary he would not rent a few storage units, or he would truck it off site. Commissioner Walton asked how many people accessed his site. Mr. Domogalla responded that very few people visited the site maybe a dozen at most per day. Commissioner Gudmundson asked how would a fee be based versus an indoor unit and were all of the units now filled. Mr. Domogalla responded the fees would be half of the cost of an indoor storage and he currently had all of his units rented out except one. Commissioner Walton asked if he was on site. Mr. Domogalla responded he was on site during normal hours of operation. Commissioner Gudmundson asked if this was granted, would the landscaping, etc. need to be met. Mr. Bednarz responded they could require compliance, grant variances, or change the requirements. Commissioner Holthus asked how many variances would be necessary if this was approved. Mr. Bednarz responded three variances would need to be granted if compliance was not required. Commissioner Walton asked how tall the fence was on the backside. Mr. Domogalla responded the fence was six feet. Commissioner Walton stated there might not be an opportunity to pave the area as Xcel had the right to approve it. Commissioner Walton asked why Grouse Street could not be the main entrance. Mr. Domogalla responded Hanson Boulevard traffic allowed easy in and out traffic and he also invested $45,000 for the service road. Motion by Walton, seconded by Cleveland, to close the public hearing at 7:28 p.m. Motion carried on a 7 -ayes, 0 -nays, 1- absent (Daninger) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2011 Page 3 Commissioner Olsen stated he was amicable to the idea of the CUP, but he had a concern about the variance requests due to the Supreme Court decision. He stated he understood the reason the applicant wanted the CUP. Commissioner Walton noted since the Commission was not the authority for granting this, all they could do was discuss and make a recommendation and it would be up to the City Council to either approve or disapprove the CUP. Commissioner Olsen stated his concern was that if the variance request was denied, the applicant could not apply for another year for another variance. Mr. Bednarz stated they needed to keep in mind what the findings were if they choose to approve variances and if there was potential other sites that could make similar requests. Commissioner Gudmundson stated she was concerned about the visual aspect of the request. She stated it is contrary to the city's efforts to improve sites along Bunker Lake Boulevard. She indicated she was not in favor of the CUP. Mr. Domogalla noted this was an industrial area. Commissioner Olsen believed that with the city's regulations for parking on residential lots this is a service that is needed in the community. Commissioners Cleveland, Holthus and Walton stated they were in favor of the CUP. Commissioner Olsen stated he did not have an issue with storage on the gravel. Commissioner Walton stated with respect to curb and gutter they had required paving and curb and gutter be put in for a used car dealer in a similar situation. Commissioner Olsen noted that business had cars parked on and it was being used as a parking lot. Chairperson Kirchoff noted there was another site within the other industrial park where full compliance was not required. Mr. Bednarz stated that was correct. He added that using the interim performance standards established for that area the Council required improvements to the front parking area adjacent to the street, but not to the yard at the rear of the lot. Commissioner Cleveland believed if the applicant needed to meet all of these requirements, he would be out of business. He noted this was a unique property and business. Commissioner Gudmundson stated she did not agree with waiving the paving requirement and she also wanted to see curbing. It was the consensus of a majority of Commissioners that they were comfortable with gravel and there was not a need for additional curbing. Commission Cleveland stated he would like to see an effort with respect to landscaping. Mr. Domogalla stated the hard part with landscaping was that there was very little area for Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2011 Page 4 landscaping and Xcel had removed what landscaping there was, with the exception of five trees. He stated this site had been there a long time and it was a unique site. Commissioner Cleveland asked if he could plant shorter trees along the Xcel line. Mr. Domogalla responded Xcel would need to approve anything along their line and the trees removed were not that tall. Chairperson Kirchoff asked if he could do anything along the fence line. Mr. Domogalla responded the fence was on the property line. He could put landscaping on the outside of the fence in the right -of -way, but there was no irrigation in that area. He stated on the inside of the fence behind the slats would be less visible. Commissioner Olsen asked if the city would allow planting in the right -of -way. Mr. Bednarz stated that they would prefer not to, but if it were required and the constraints of the site made it necessary, the minimum distance from the back of the curb would be eight feet. Commissioner Cleveland asked if planters outside the fence could be used. Mr. Bednarz responded staff would prefer to not have any planters in the right -of -way. Commissioner Olsen asked if there were any security issues with the slatted fence. Mr. Domogalla responded he has not had any issues and he would be putting cameras in the back. He noted the gate also closed automatically at 6:00 p.m. Chairperson Kirchoff stated he believed they were looking at screening in lieu of landscaping. Commissioner Walton suggested the items in the storage area be covered with a material that was the same color to blend into the color of the building. He stated any funds given to landscaping should maybe be put towards additional screening or a taller fence. Mr. Bednarz stated the Commission could recommend a taller fence. He noted a ten foot fence would require a building permit. Commissioner Gudmundson stated she still had a concern regarding the visual aspect of the property and she would like additional landscaping. It was the Commissions consensus to not require the 20 -foot setback for front yard parking area setback. Commissioner Cleveland stated he was in favor of sending this to the Council with the recommendation for the three variances. Commissioner Holthus stated she did not believe it was necessary to put in an entire new fence. She agreed with the other variances. Commissioner Gudmundson stated she would not approve this request. She did not believe there was a hardship shown and she wanted the applicant to comply with the ordinances. Commissioner Walton responded he was in favor of the CUP. He recommended that something be done to bring monotone coloring to everything that was back there. Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2011 Page 5 Chairperson Kirchoff did not believe there was a material change to this property, but rather just a use change. Motion by Holthus, seconded by Cleveland, to recommend to the City Council approval of Resolution No. R., to approve a Conditional Use Permit for Outdoor Storage for ABC Mini Storage as written with the recommendation fresh Class 5 be put down in the storage area. Motion carried on a 4 -ayes, 2 -nays ( Gudmundson, Olsen), 1- absent (Daninger) vote. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Holthus, seconded by Gudmundson, to adjourn the meeting at 8:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Respectfully Submitted, Kathleen Altman, Recording Secretary Timesaver Off Site Secretarial, Inc. Regular Andover City Council Meeting Minutes — March 15, 2011 Page 3 CONSIDER CONDITIONAL USE PERMIT /OUTDOOR STORAGE /ABC MINI STORAGE, 13624 HANSON BLVD Mr. Bednarz reviewed the applicant would like to utilize the open area along the west side of the site for parking of vehicles and trailers as part of the business. Exterior storage in the Industrial Zoning District requires conditional use permit approval. As part of the review the City compares the site conditions to the current requirements of the City Code. Due to the age of the facility (1985) and changes to the City's regulations over the years, there are a few items that are out of compliance with the current City Code. Mr. Bednarz identified three areas of the site which are deficient according to the current City Code. City Code 12 -13 -8 Paving and Curb Requirements, City Code 12 -13 -6 Landscaping Requirements and City Code 12- 13 -8F, Front Yard Parking Area Setback. Councilmember Jacobson stated Council can take three actions, approve and grant three variances, deny, or delay action until the MN Legislature makes its decision to allow Cities to grant variances on reasonable conditions. Councilmember Jacobson believes to delay would be the best option since legally right now the Council cannot grant a variance. Councilmember Trude suggested there may be a fourth option of granting the CUP if conditions are met. She stated we do not have a lot of history of ignoring the ordinances of landscaping and paving. She does not believe the Council can pick and choose when to adhere to the ordinances. Councilmember Jacobson stated personally he would not vote in favor of this due to the fact that millions of dollars were spent cleaning up the junk yards. Mayor Gamache stated the only option is to delay. The timetable is not known for the Legislature, but is thought that a decision may be made within the next two months. Mr. Kraig Domogalla, representing ABC Mini Storage, 13624 Hanson Boulevard NW, was present at the meeting. He stated he would not have an issue delaying the action. He is looking to add 22 parking spots. Councilmember Trude noted Mr. Domogalla would need to write a letter extending the timeline for the project. Mr. Domogalla would not need to start over and would just come before the Council after the Legislature makes their decision. Mr. Bednarz stated he would work with Mr. Domogalla to draft an extension letter. Councilmember Trude stated she may have a problem justifying giving these business variances when neighboring businesses were not given the same variances and had to meet the ordinances. Mr. Domogalla stated the 22 spaces would not bring in a lot of revenue and spending a lot of money on this may not pay. Mr. Domogalla asked if it would make a difference in Council's decision if delayed. He does not want to waste the Council's time nor his. Councilmember Bukkila stated she is not in favor of the proposal. She visited the site and feels it would be a visual negative off of Bunker Lake Boulevard. Mr. Domogalla stated he has owned the business since 2004. His property taxes have increased $20,000 since seven years ago. He Regular Andover City Council Meeting Minutes — March 15, 2011 Page 4 would like to be able to make this work without spending a large amount of money. Mayor Gamache stated he would not be against the proposal because all the outdoor storage would be away from Hanson Boulevard and the slatted fencing would block the site from Grouse Street. Councilmember Trude stated the City did help him with the frontage road and Grouse Street access. Mr. Domogalla stated he only uses the access off Hanson Boulevard. Councilmember Trude referred to the City's Comprehensive Plan and stated Grouse Street is deemed for retail. Mr. Domogalla stated he does not want it to be a junk yard. He has gotten requests for storage for trailers, cars, boats, rv's, etc. There is currently not such a service within Andover and residents are going to Ham Lake or Blaine. Councilmember Jacobson stated there are three members of Council that have expressed negative feelings about the project. Mr. Domogalla has the option of waiting or having Council vote this evening. Mr. Domogalla stated he would rather know tonight if the answer is no. He stated the Planning Commission supported his plan. Mayor Gamache stated he can understand both sides. He stated there is a need for this in the City. It would be a CUP based on the conditions applied. Mr. Bednara stated the Council is asked to approve or deny the proposed conditional use permit. If the Council chooses to approve the conditional use permit, please also determine whether site improvements will be required to meet current City Code requirements or whether variances will be approved for one or more of the items listed in the packet. If the Council chooses to deny the conditional use permit, please include findings for denial. Motion by Jacobson, Seconded by Bukkila, to deny the request and have staff draft a resolution denying the request for a conditional use permit for outdoor storage with variances for ABC Mini Storage located at 13624 Hanson Boulevard NW. Councilmember Trude asked if the applicant is not interested in doing any landscaping. Mr. Domogalla stated he is open to landscaping the property. He is not willing to put in the curb or asphalt. Councilmember Bukkila stated if the request is denied he could not come back for a year. He could revise his plans and come back to the Council. She asked if he would prefer the delay. Councilmember Bukkila retracted her second to the motion. Councilmember Trude seconded the motion to deny the request. Councilmember Bukkila stated it is up to the applicant to come back with a plan if he wishes. Mr. Domogalla asked if paving only could be considered without curbing. Mr. Dickinson stated Regular Andover City Council Meeting Minutes — March 15, 2011 Page 5 if he wants to give a verbal 60 day extension tonight that can be re- evaluated. Mr. Domogalla agreed to a 60 day extension for his application. Councilmember Trude retracted her second. Motion by Trude, Seconded by Bukkila to table consideration for 60 days. Motion carried unanimously. CONSIDER RECOMMENDATION FOR APPOINTMENT /COON CREEK WATERSHED DISTRICT VACANCIES Mr. Dickinson reviewed this item is in regard to recommending to the Anoka County Board of Commissioners an individual or individuals to serve as a manager on the Coon Creek Watershed District (CCWD). There are two managers (Joseph Marvin and Ted Capra) whose terms expire on May 27, 2011. Mr. Marvin has requested to be reappointed to serve on the CCWD board. Mr. Capra will not be reapplying as there was a CCWD boundary change and now his residency is now located in the Rice Creek Watershed District. The City of Andover has received five (5) requests from individuals that would like to be considered for the board. The individuals are as follows: Joseph Marvin — CCWD Term expires at the end of May but has requested to be reappointed. Currently an Andover resident. Carol Abbott — Currently an Andover resident. Michael Von Wald — Currently a Blaine resident Scott Bromley — Has not responded as where his residency is Brad Johnson — Currently a Coon Rapids resident. In order for names submitted to the County to be considered a list under the statutory definition, the list must contain the names of at least three nominees eligible to be appointed. The City Council is requested to consider submitting a letter recommending an individual or individuals to the Anoka County Board of Commissioners as to serve on the Coon Creek Watershed District board. Mr. Dickinson indicated on a map where those seeking appointment reside. Mr. Brad Johnson was present at the meeting. Motion by Jacobson, Seconded by Mayor Gamache, to submit a letter to Anoka County recommending Joseph Marvin, Carol Abbott, and Brad Johnson for appointment to the Coon Creek Watershed District Board. Motion carried unanimously. C 1 T Y a F • NDO� 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 - (763) 755 -5100 FAX (763) 755 -8923 - W�WeQCLANDOVER.MWUS TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrato Dave Carlberg, Community Developm Director p FROM: Courtney Bednarz, City Plannef i- SUBJECT: PUBLIC REARING: Conditional Use Permit (11 -02) for used vehicle sales at 3138 162 "d Lane NW. DATE: July 19, 2011 INTRODUCTION The City Code requires a conditional use permit and city license for used vehicles sales in the General Business Zoning District. The applicant is interested in utilizing the subject property for this purpose. DISCUSSION The applicant is a state licensed used vehicle dealer who needs a site to occasionally store vehicles that are purchased at auction prior to their resale and transfer to a retail vehicle sales lot. Having a site with a minimum of 5 display parking stalls is a requirement for the state license. The attached site plan shows the areas designated for customer and vehicle display parking as required by City Code 3 -8. However, the applicant has indicated that vehicles would rarely be stored at the site. The site was most recently operated as Andover Awards and Embroidery. The previous owner improved the site with pavement, curb and gutter and landscaping toward the north end of the site. The south end of the site remains as an unimproved dirt/gravel surface. City Code 12 -13 -22 established interim performance standards for this industrial park (attached). These standards allow the city to review existing site conditions and the proposed use of the property to determine whether site improvements will be required. 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. Landscauine Requirements of Citv Code 12 -13 -6 Tree Requirements Shrub Requirements Site Perimeter 1070 feet 1/50 feet 21 1/20 feet 53 Bldg Perimeter 606 feet NA 0 1/10 feet 61 Existing Trees 12 Existing Shrubs 18 New Trees 0 New Shrubs 0 Total Trees 12 Total Shrubs 18 Total Required Trees 21 Re uired Shrubs 114 City Code 12 -13 -9 Off Street Parking Requirements A total of 15 parking stalls are required for the proposed business based on City Code requirements shown below. Ten stalls exist at the site and additional parking to satisfy the city's requirements can be achieved inside the existing buildings. Use Parking Stall Requirements Required Stalls Employee Parking: 3 stalls plus 1 per 400 sf beyond the first 1,000 gross floor area (800 s.f. office) 5 Vehicle Sales Customer Parking: 5 stalls plus 5 stalls per acre above the first acre (1.3 acres) 5 Vehicle Display Parking: (as proposed by applicant) 5 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 the faded parking stall striping be repainted. Planning Commission Recommendation The Commission recommended approval of the proposed conditional use permit with the conditions listed in the attached resolution. ACTION REQUESTED The City Council is asked to review the proposed conditional permit and to make any necessary changes to the attached resolution to approve or deny the application. Attachments Resolution Location Map Aerial Photograph Applicant's Letter Designated Parking Areas City Code 3 -8 Vehicle Sales Businesses City Code 12 -13 -22 Interim Performance Standards Application Form Planning Commission Minutes Resp ct 11 ubmi ed, C Bednarz f Cc: Jason Hemp Xcel Properties LLC 14359 Isanti Street NE Ham Lake, MN 55304 2 City Code 12 -13 -9 Off Street Parking Requirements A total of 15 parking stalls are required for the proposed business based on City Code requirements shown below. Ten stalls exist at the site and additional parking to satisfy the city's requirements can be achieved inside the existing buildings. Use Parking Stall Requirements Required Stalls Employee Parking: 3 stalls plus 1 per 400 sf beyond the first 1,000 gross floor area (800 s.f. office) 5 Vehicle Sales Customer Parking: 5 stalls plus 5 stalls per acre above the first acre (1.3 acres) 5 Vehicle Display Parking: (as proposed by applicant) 5 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 the faded parking stall striping be repainted. Planning Commission Recommendation The Commission recommended approval of the proposed conditional use permit with the conditions listed in the attached resolution. ACTION REQUESTED The City Council is asked to review the proposed conditional permit and to make any necessary changes to the attached resolution to approve or deny the application. Attachments Resolution Location Map Aerial Photograph Applicant's Letter Designated Parking Areas City Code 3 -8 Vehicle Sales Businesses City Code 12 -13 -22 Interim Performance Standards Planning Commission Minutes Res ct y bmitted, y ednarz Cc: Jason Hemp Xcel Properties LLC 14359 Isanti Street NE Ham Lake, MN 55304 2 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 3138 162ND LANE NW LEGALLY DESCRIBED AS THE EAST 150 FEET OF THE WEST 400 FEET OF THE SOUTH 433 FEET OF THE NORTH 2184.99 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 16 TOWNSHIP 32 RANGE 24, ANOKA COUNTY MINNESOTA, EXCEPT ROAD, SUBJECT TO EASEMENTS 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 provided to meet the requirements of the City Code. The parking area striping shall be painted to clearly define the parking stalls. 3. The areas of bare ground on the subject property shall be re- vegetated to establish vegetative ground cover. Adopted by the City Council of the City of Andover on this th day of , 2011. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk 3 Michael R. Gamache, Mayor Aerial Photograph June 21, 2011 Re: 3138 162nd Lane NW To whom it may concern: Xcel properties LLC is requesting a conditional use permit to operate a used car dealer's license at 3138 162nd Lane NW. The property is currently being utilized for indoor storage. We intend to continue this use, but would like to also add the ability to operate a small used car dealer. The anticipated sales from this location would be less than twenty vehicles per year. Please feel free to contact me with any questions at 612 - 598 -2819. Sincerely, son Hemp Xcel Properties, LLC. ��scC�nr�r -E� 'Al -ivwr, Na"� VVY- *O- *Vyr aa•99 r1tVdR{ap1YL nx�ni rau'r i61Ti70ii7 1'.01i01 O �7b -D M v O D 0 0 9 LA p� LA lob p E 1C7 {j1 -i T_t y aiOD nl -?7 O LA p� LA lob p E 1C7 {j1 -i T_t c aiOD 0 O o D, !q C, 3 n � S to C D m �' m rn� • F LA b Toro, P. k ZZ C p! City Code 3 -8 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. 3. Completed Minnesota Vehicle Dealer License Commercial Location Checklist City Code 3 -8 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 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. City Code 3 -8 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) City Code 12 -13 -22 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; City Code 12 -13 -22 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) 11 1685 CROSSTOWN BOULEVARD N.W. - ANDOVER, MINNESOTA 55304 - (763) 755 -5100 FAX (763) 755 -8923 . WWW.CI.ANDOVER.MN.US CONDITIONAL USE PERMIT Property Address Legal Description G Property (if legal is lengthy, please attach a separate sheet): Lot Block Will Addition (If met anse d bounds, attach 'the . complete legal description) Note: If the legal is not provided, the application will not be considered to be complete. Is the property Abstract or Torrens (to verify this call the Anoka County Office at (763) 323 -5400 with the property PIN number). Abstract Torrens Description of Request Section of Ordinance Current Zoning G- -- >f---- 1---- 1-- - -1 - -- -1----1----1 - - -4- 4--- 4- - -->I- - -- Name of Applicant )C r'j Pro A& ✓'J-� e Address Home Phone G Business Phone 10 - L 5 ax Signature / Date ` 1 V V 5-530 CONDITIONAL USE PERMIT PAGE 2 Property Owner (Fee Owner) (If different fi-om above) Address Hoene Phone Phone 7* r- 7fO -, Fax .5-57ys v Signature —Date -b - d—f . / The following information shall be submitted prior to review by the City of Andover: 1. Complete application and fee 2. Letter summarizing request 3. A scaled drawing showing the following: a. Scale b. North arrow c. Dimensions of the property and structures d. Front, side, and rear yard building setbacks e. Adjacent streets f. Location and use of existing structures within 100 feet 4. Other information as required to review request Application Fee: Commercial Residential Amended Conditional Use Permit Public Notification Sign Recording Fee: Abstract & Torrens Date Paid $1,000.00 escrow to facilitate ARC review $350.00 includes mailing labels $200.00 includes mailing labels $30.00 2 $100.00 Receipt # / 's--�-JgR Regular Andover Planning and Zoning Commission Meeting Minutes — July 12, 2011 Page 8 PUBLIC HEARING: CONDITIONAL USE PERMIT (11 -02) FOR USED VEHICLE SALES AT 3138162ND LANE NW. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the application for a Conditional Use Permit for used vehicle sales at 3138 162 "d Lane NW. Mr. Bednarz reviewed the proposed Conditional Use Permit with the Commission. Commissioner Gudmundson questioned the size of this property. Mr. Bednarz indicated the site was just over one acre. Commissioner Kirchoff asked if a site would be placed in front of the building. Mr. Bednarz stated the applicant could chose to place a sign out front. Commissioner Olsen questioned if the CUP would have to be renewed annually. Mr. Bednarz stated the Commission could request to review the CUP on a yearly basis. Otherwise the CUP would remain with the property. Commissioner Gudmundson inquired if the site had adequate parking. Mr. Bednarz stated the additional parking would be housed inside the building as 15 stalls were required. Commissioner Gudmundson asked if there was space on the west side of the building for trees and shrubs. Mr. Bednarz felt small shrubs would be the best option for the west property line. Motion by Walton, seconded by Kirchoff, to open the public hearing at 8;34 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Jason Hemp, 2293 151St Lane, was present to take questions or comments from the Commission. Commissioner Gudmundson questioned if the property was for sale at this time. Mr. Hemp explained he was the buyer and the purchase was contingent upon approval of the CUP. Chairperson Daninger asked if the applicant was aware of the City requirements. Mr. Hemp noted he has reviewed this information with Staff. He understood he also needed to acquire a dealer's license in the City of Andover. Motion by Kirchoff, seconded by Cleveland, to close the public hearing at 8:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Regular Andover Planning and Zoning Commission Meeting Minutes —July 12, 2011 Page 9 Motion by Walton, seconded by Kirchoff, to recommend approval of Conditional Use Permit (11 -02) for Used Vehicle Sales at 3138 16f Lane with the following two conditions: 1. The striping on site shall be reestablished. 2. Areas of the site not used for vehicles shall be re- vegetated. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Mr. Bednarz stated that this item would be before the Council at the July 19, 2011 City Council meeting. WORK SESSION: COMMERCIAL DEVELOPMENT. The Commission agreed to table discussion on this item to the next meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz introduced Dave Carlberg to the Commission as the City's new Community Development Director. Mr. Carlberg stated he was looking forward to working with the Commission, Council, and the community. Chairperson Daninger welcomed Mr. Carlberg to the City, Commissioner Olsen questioned if the Board of Appeals and Adjustment was done publically. Mr. Bednarz stated this section was included in the materials reviewed by the Planning Commission but the changes made by the Council were not discussed by the Commission at the public hearing. Chairperson Daninger indicated the Andover Fun Fest was well attended this year. He thanked City Staff and all of the volunteers for the great success. The Commission discussed the new Variance process and requested Staff continue to keep the lines blank in the resolution but to create a list of possible language to fill in each line. This would assist the Commission with processing each request. ADJOURNMENT. Motion by Walton, seconded by Kirchoff, to adjourn the meeting at 8:52 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Respectfully Submitted, kC I T Y 0 F 1616 NDOVE^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWVV.SI.AN DOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Dave Carlberg, Community Develop Director FROM: Courtney Bednarz, City Planne# SUBJECT: Consider used vehicle sales license /Xcel Properties /3138 162 "d lane NW - Planning DATE: July 19, 2011 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 = d, Cc: Jason Hemp Xcel Properties LLC 14359 Isanti Street NE Ham Lake, MN 55304 T685 CROSSTOWN BOULEVARD N.W. * ANDOVER, MINNESOTA 553,04 6 (70) 755-Gim FAX (763) 766-8923 - WWW.CI AND.OVER.MN.U.S 2011 Used Vehicle Sales Business Lieemse Application Required DocuinettW ® Completed Application Forni * Vehicle Sales License Fee: $105.00 ® Copy of Current Photo Identifi cation ® Copy of State Dealers License icense Workers Compensation Form Completed Minnesota Vehicle Dealer License. Commercial. Location Checklist Person Applying For License: 3 1 J First Naiue---- 1 Z —LasiName Houle Address . Home Phoneh /� ti :v --3, "/('Bu siness Phone )VI Fax Date of Birth:(, �" Drivers License s-� 0 ,-� Property Owner Informatiow < V4 64' FirstName, ..Middle Name Last Name J w, / 1. .1 �- Horne Address " J;`-/ X -(-z?i Horne Phone Business Phone . '22s" Fax U there are multiple property owners attach complete information for each owner. Business Information. Business Name Business Address Minnesota Business 11) No. State of Minnesota Dealership License No. I (We) agree to operate such business in accordance with the laws of Minnesota and the ordinances l of the ie City of Andover. The•foregoing statements are true and correct to. the best of my knowledge C, and belief and I understand that providing false, incomplete or inaccurate information may be cause for denial of my license.. In addition, I understand the following: Information in this application is classified, as public data and will be provided to the public upon request. Licenses expire on December 31", of each year. Payment of annual licensing fee shall be sufficient to renew license unless other action.under the City Code is taken by the City. Lack of payment of annual. licensing fee shall be cause for revocation of license. I understand that a backVound check will be conducted as apart of the application process, V S nAt—Ure Date 2 MINNESOTA DEPARTMENT OF PUBLIC SAFETY 5{ \` DRIVER. AND VEE41CLE SERVICES 445 Minnesota Street, Suite 186, St. Paul, MN 55101 -5186 PHONE: 651 -296 -2977 FAX: 651- 297 -1480 EMAIL: DealerQuesfion er mndr'iveinto:otg oFFICE USE ONLY DEALER NUMBER! DATE RECEIVED' INITIALS: Minnesota Vehicle Dealer License,-- Commercial Location Chec[clist This checklist describes (check one): Pr mary Location ❑ Additionati.ocation (Attach a separate checldistfor each location) t l- C° _DEALI RNIiMBE__.!- DEALER NAME f t7 ( �_. i pY s Street 3-2-G\ City 1 raves 1GC Slide MT4 Zig,.Sj5)01,� 'County Z% . E;nmuret'cial Building lieilydrenicut -Nmvw Used, SaivaguFoof, and Auctioneer dealers imist have a commercial Building, which. means :r pcmtaneut, enclosed buildhtg that is cn apennanent foturdatiorr aad is cottuoctedta locale sewer and tivater facilities oe otherwise complies withloeal sanitation codes, is adapted to eommercial use and conforms tolocal govern cent robing requirements. (Minnesotat Statutes, section 169 -.27 subdivision, 1) otnrtcerci:tl'f?Y#iceSpa 'A%4nireirreut:Lossors,Wholesal ens, andl3rokersmusthaveat least acommerciat Office Space, Which mcaus a space occupying all or part of a eolumerciatbuilding. (Minnesota Statutes, section 168,2E subdivision 1} Instructions • Check the type of dealer's license that applies • Answer T (True) oc P (False) to each statement that applies to the license type you checked. • Dealership owner or officer must sigh on reverse side of form Cheetc.tim license type that appiieato you_ Q. New 51 Used E1. Salvage Poot Tw 0 Additional LoeationlDisplag. Let. -respond to, statentents.2. 7, & 9 only r• le dealer keeps all books and records necessary to conduct business at the main dealership location. The healer maintains have. copies of the books and records at any additional locations they may 2• The dealer owusthe above location or leases the locatimt (winimmm. one -year lease requituD. Please attach proof of otvsnershipor Verification. of Property Lease - formPS24Q7. _ 3' -The dealership has a separate and identifiable entrance thatleads to the ontdoorm. (See definition of commercial building above) May include a strip maltor commerciatgarage building. other entrances ibat lead from other areas of the t building must be closed and lockable. (commerciat office space within a commercial building does not meet the statutory license requirenteuts) 4, .;' 'tiro public cannot access the dealership by entering through any oflter business or residence that is located In the lama 4 building as the dealership. 5 . The dealership.location isenclusedwidrftoor to ceilfrigwalls, a door tl at ¢abbe shut and locked to close offthe entire ( entrance, and is designated fur exclusive use ofthe dealership &. ', ; Th6 dearersbill 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 veldcles: This display az'ea business' inventory. is designated for the exclusive use of the dealership and is distinguished from any other s. ( 'rite dealership-has; a suit outside of tine commercial building, nt a public area that identi&4 the dealership. a. The sigamust lie fit letters thatconfEast sharpty in color with tile sign background. a if the sign is on aoommercial building or a display area: it.mustbereadily legible during daylight hours tiom the nearest road or street: a If the dealer's display area is not adjacent to the dealer's commercial building, the sign at the display area most also indicate where the commercial building is located, 9. T he The dealership's normal business hours are conspicuously posted and readily viewable by the public. 70_ " r ^ Personnel or automaticteIephone answering service is available• during normal business hours. ' 11- The above location meets all local zoning requirements as indicated on the Zoning Verification - form P 52421. 12. (Zv *egr Yaltirle FDeaters Only) T1te dealet'ship has u facility for the repair and service of motor vehicles and the storage of palls, not more than ten iniles distance from the principal place of business. . E e; F. t e,' tc¢aie t� pU lira£ n[i@fz, "i �s.' fl4a ;llojiem' y: Tho deRh4r i {oeps .11 books and records ncc;esw y to conduct business at the t7 aht ci altsship loo ti ii hh4 dealer mailitalas coOes of tile, books and records at lily addifion if locations they may lift e. - - The dealer owns the above location or felles file fooaiiorl (J111211nitall oue dear lease required), Ple aS£ attach proof ofovaoersh .n tilt Qf +slit 'te5! ?. o S t rwiicr't.?j Lutse - ikm PS2447. - frill dealership location is eiiclosed wilit floor' to ce111I1.gT wails, a door that cau be shpt and locked to clus --_ oft the etilire' [Wrallcc, rho } is destgliatedfoi exchzsival .se of tht tkmtetsiup PQrsomiel or autoniatic Ielephoue miss urhig sc oice in available duviag aoinyd bilsilit'ss hours__ T'he above location meels all local zoniupp requirements as dedicated oil the Ztiidug Vefi lzadwq .• Ibrin l S242t. _ (p`. ro!tey ( a y) The dealership has a sigps clearly ldentilying the bmker by mutlo owl lisli7lg,tl e blishiess hours, The sign is hosted if) a location readily vicy"abte by the Public, { slzty) thtidl�e? sSl }lscuusualb?lsiliersttottebse o+ yacuwlllYlimfitedawdmadiily_vtviah(a by- ttua kdilie U. Iii uctior.em, Th- LjUraited Wail VeNcle Licease _tom F'Ihc .'1 \C dk ihk hzE' p at bee Iks and SCGOCC{411C(:E'SSi15'j (A Cris (wt duktecghip (OuAbil. NE (ItMes mai!r[Ai , cool izC ofthe books wd l ocoAs Flt airy additional locations they niay fiavo. ' The: z3ral er D \'711..11,e i3hUVCleI'&i1llS1 DP leasas tSiL'IOCd`ekeif (iT7ininlnim i)ne yt d' (e85b ieQihA'ed). 1�1ei15t; riSlfltfl l7i`OOft7t WNmefsli}1T Or - sleOftc�Akm of Fvapepty Leltse •• foml PS�2407_ 'Iiie dealership Im, a sepal ate and identtfialife cntlauce that lead's to tiro outdoors or to a public urns. `rte dealer may mails #still other unti'allcrs to the dealership. Other entrances that lens from a commercial of i eAdenfnil :,;poce in the same buiWhlg most be lockable will close the entire ealra -me shared offico Space, Su Ch its a I weptiUlt area of secreltilPy, does 11M quilifry as a public men. The pub Iic uiinotaccess the den lush ip by entering through any other business orrrsidence that is located is the same l ;aildiugas file deatersliij)__ The dealership location is euclosed with floor to ceiling vialfs, a ffoor that can be. shut and locked to close off the eulire entrance, and is desigueted for exclusive use of the dealership The de liaship location has au address that is separate front any other address is tfte buihting_. — — The dealership's normal business hours are conspicuously posted and readily viewable by the public. I'>?a sonuel or su(oznatie telephone answering service is available during nonnrl basiuess Hours. - hlie above lacsfion ttzeeis till local zonilt requu'etYteats as inciica5ad'o7i f l f e niztg l/ez i5lx a16t 1 Rlu l @S2 831. LjUraited Wail VeNcle Licease _tom F'Ihc deale_, keeps Of hooks and records necessary to conduct busines8 at'the maul dPalCl'Shilr IOC,fho�7. I fie (12d1[ =f ]77L'fn <ti175 eoples of the boosts and records at any addition'il locations they may have.` The dealer owns the above location or !eases die focation (minimuni one -year tease required), Please. attach praot of- o?mei'sflip m G,7e,a4asrtboitcz4$ral+t: tty Lease. - f <]intl'S %4Oi. 1 he delta i�htp'S normal business hoo s am conspienously posted tuld rradify viewable, b', the 1n?olie - ('lel'SUll.l�el Qi arawwAif, gelephono answering service are available durffig normal busfriess bouts ' big p k ice, tlf asttsahleFa,t LAM statt2daarrizs urt'li7:ned cob ave,11 MA canny `uf€r.mpt gatartneui € o'Duidfuteni avn rk _ tart i 4,* �d as an rest Pil,. the darter tiaeouse !q .st_u4Acct t7 ,wf'tlntina iVA �i PS2-lta h DATE T 1685 CROSSTOWN BOULEVARD N.W. • ANDO , fNNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • W DOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrat11op Dave Carlberg, Community De et Director FROM: Courtney Bednarz, City Planes SUBJECT: Consider variance to accessory structure height requirements /City Code 12 -6- 3/18046 Round Lake Boulevard - Planning DATE: July 19, 2011 INTRODUCTION The applicant is requesting a variance to construct an accessory structure that would exceed the height of the house. City Code 12 -6 -3 does not permit accessory structures to exceed the height of the house. DISCUSSION The existing house is a rambler style home with a roof peak that is 15 feet in height near the front entrance and 17 feet in height at the south end of the house which features a lookout basement. The proposed accessory structure would have a peak height of 18 feet, 8 inches. The applicant has indicated that the accessory structure needs the additional height to allow for overhead storage. Staff worked with the applicant to determine if a larger accessory structure could be constructed to allow sufficient storage. Unfortunately, the proposed structure would maximize the amount of accessory structure space that is allowed on the property. The attachments provide additional information about the proposed accessory structure, including a letter from the applicant. Review Criteria The city has adopted the new standards for variances to conform with state statute. City Code 12 -14 -7 is attached. Determining Building Height A part of the Planning Commission discussion involved how height of a structure is determined and whether topography should be a determining factor. The definition of building height in City Code 12 -2 -2 states: BUILDING HEIGHT: A distance to be measured from the mean curb level along the front lot line or from the mean ground level for all of the portion of the structure having frontage on a public right -of -way, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. In the case of the subject property the mean ground level for the portion of the structure having frontage on a public right -of -way is higher, which results in a building height of 15 feet in this case. As stated at the meeting staff has utilized this section as well as the International Building Code which, similar to the mean ground level, provides for an average height to be used in determining building height. Staff has used this method to determine building height consistently for many years. The `sea level height' of the house does not set the height for accessory structures on a property. The reason for this is that there is potential for significant differences in topography, especially on larger rural lots. If this method were used in determining how tall an accessory structure could be, an area significantly lower than that of the house could be used to construct a multi -story accessory structure which may be out of proportion to the house, but still not exceed this measure of height. Conversely, if a home sat at a lower spot of the property and a higher portion existed as a location for an accessory structure, the height of the accessory structure may need to be reduced or not even be feasible without exceeding this measure of height of the house. Planning Commission Recommendation The Commission recommended approval of the request with a 3 -2 vote, 1 absent, 1 present. Dissenting Commissioners discussed the location of the garage in front of the house as well as the potential to modify the roof of the accessory structure to meet the ordinance requirements. The motion also added conditions #2 and #3 to the attached resolution. ACTION REQUESTED The Council is asked to compare the variance request with the review criteria of City Code 12- 14-7 and to approve or deny the proposed variance. The attached resolution has been prepared based on the discussion and recommendation of the Planning Commission. The resolution may need to be modified based on the Council's discussion. Attachments Resolution Location Map Applicant's Letter Site Drawing Photographs Accessory Structure Details City Code 12 -14 -7 City Code 12 -6 -3 Planning Commission Minutes 1 Cc: Chris Hagestuen 18046 Round Lake Boulevard NW z CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A VARIANCE TO THE GARAGE HEIGHT REQUIREMENTS OF CITY CODE 12 -6 -3 FOR PROPERTY LOCATED AT 18046 ROUND LAKE BOULEVARD NW LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -6 -3 to allow an accessory structure to exceed the height of the existing home; and WHEREAS, the City Council has received the recommendation of the Planning Commission; and WHEREAS, the City Council finds the request is in harmony with the purposes and intent of the ordinance because the proposed accessory structure is consistent with the surrounding neighborhood, would be approximately three feet taller than the existing home and the effect of this relatively minor height difference would be negligible based upon the lower topography of the accessory structure location; and WHEREAS, the City Council finds the request is not inconsistent with the residential and housing goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Council finds the property owner intends to use the property in a reasonable manner not permitted by the ordinance because the rambler style home restricts the property owner from having an accessory structure similar others in the neighborhood; and WHEREAS, the City Council finds there are circumstances unique to the property that were not created by the landowner because the rambler style home creates a greater restriction on the height of an accessory structure on this lot than exists on other lots with other housing types in this area of the city; and WHEREAS, the City Council finds the variance will maintain the essential character of the locality because accessory structures of similar height are located in the surrounding neighborhood; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow an accessory structure to exceed the height of the principal structure based upon the findings in this resolution and with the following conditions: 1. The peak roof height of the accessory structure shall not exceed 18 feet 8 inches. 2. The peak of the accessory structure roof shall not be taller than the peak of the roof of the house as viewed from the front property line. 0 3. The accessory structure shall meet the setback requirements of the City Code. 4. The variance shall be subject to a sunset clause as provided in 12 -14 -7 E.6. Adopted by the City Council of the City of Andover on this th day of , 2011. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk EXHIBIT A Resolution Legal Description 18046 Round Lake Boulevard NW 05- 32 -24 -11 -0001 THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5 TOWNSHIP 32 RANGE 24 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER QUARTER, THENCE SOUTH ALONG THE EAST LINE THEREOF 315.15 FEET, THENCE WEST PARALELL WITH THE NORTH LINE OF SAID QUARTER QUARTER 330 FEET, THENCE NORTH PARLELL WITH THE EAST LINE OF SAID QUARTER QUARTER 315.15 FT TO THE NORTH LINE OF SAID QUARTER QUARTER, THENCE EAST ALONG SAID NORTH LINE 330 FEET TO THE POINT OF BEGINNING, EXCEPT ROADS, SUBJECT TO EASEMENTS OF RECORD W 12 -14 -7: VARIANCES: A. The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 8, 10 -21 -1970, Ord. 314, 10 -4 -2005; Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee as set forth by ordinance'. A public hearing shall be held by the Planning Commission as provided in City Code 12 -14 -8. (Amended Ord. 342, 3 -6 -07; Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7 request if it will be in keeping with the spirit and intent of this title and if it finds that strict enforcement of this title will cause undue hardships because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of this title. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him /her to obtain a variance, shall have the fee refunded if his /her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 1 See subsection 1 -7 -3H of this code. 7 Variance Accessory Strucutre Height 18046 Round Lake Boulevard Oak Grove 3160 3028 1 18000 8015 Location Map Subject Property 0 N W E S 17975 17924 17924 17925 3521 3445 445 3385 3 3 4 5 or 17865 BTH.�N . . - - - - --- ---------- ---- 3520 3426 3384 3014 17762 3385 m 17845 rn 17752 17753 I7STH-&E 17726 17726 17733 17725 17702 17708 17709 Subject Property 0 N W E S I am requesting a variance for Garage /Accessory Building height. My home is on the north border of Andover in a rural area. I looked into the building codes when I purchased my home in 2006 and understood that I could add an accessory structure as long as the roof peak was not higher than my house. I also looked at many different houses on smaller lots than mine that have outbuildings that are taller than the house. Given the fact that I have a lower area on my property I felt it would be no problem to build a Gambrel Style garage with second floor storage. This spring we decided to start the project and while discussing with the city realized the code is interpreted to mean the height of the roof measured from the front door grade. I have an area on my property that is lower than my house in a heavily wooded area with a 5 foot burm that runs along the length of my property. The burm would block the view of the lower part of the garage. My current house is 15 feet from the grade at the front door to the roof peak. The south end of my house it is approximately 17 feet high. The garage I am proposing would be 18 feet 8 inches high. The roof peak would still be lower than the peak of my house and would fit with the styles of other homes in the area. It is difficult to meet the height requirements with a narrow rambler style home. My home is only 24 feet wide and built at grade level. I would assume that is about the worst case scenario for a roof height in the Andover. The hardship that I am facing is we run a daycare out of half of our 2200 sq ft home with 3 of our own children and another on the way. We currently have 3 vehicles(one for daycare), a trailer, a small tractor for maintenance, and all of the other things that go along with running an in home daycare(bikes, toys, etc.) and maintaining a larger property. We currently have a 2 car garage for storage. This means we leave a lot of things out in the yard because we have no place to store them. We would like the have the extra storage in the second level for out of season things and maintenance equipment. Chris Hagestuen Z c S ge e, ague Treatment Systeri Design 'LOCALUNET Or GOVERNMENT: r7 APPROV5D ADDMONAL <NFORAATION,r. O 111 0 t Wett 0 4bd fence house no clispi sal i new 1500 got septic to 4 — r 1 j garage y 1 slab + 1200 gal IlFt station / enc t with alarm. �6 c° 9' 3 tirCJ 5T y � gyro-. aet 1000 Sq.Ft. pressure bed ' 9' rock under, pipe. 671 4 "teroiS 1/4' every 3' \\Center manifold. ptfLt � z f pl, drainfleld area is wooded bra Tea 5`� o I - a /0 � rs� �%.k- yltntsp C DESIGN WORKSHEETS REQUIRED wooded area zi a m d s a J 0 M C+ T i S r 0 u System Design, Page 2 of 2 tE: • t � 1 �1 i } p. ,.s by 1 a a� i 4 ♦r • i1�� 1` i. r� Design # 23615 *** Here are the wall 3 configurations for your design. Illustration May Not Depict All Options Selected 3' X 6' -8" Gable Front View 1 - CM16 -PANEL STEEL DOOR PH36XBO LH SB 1 -36X24 SELECT 100 SLID IGPC2SG3020 ❑❑❑ ❑❑❑ ❑❑ ❑ ❑0 J-7E ❑❑❑❑❑ ❑ ❑❑ ❑❑❑ ❑❑ "Ell] ❑ ❑❑ ❑❑ ❑0u 1' J' 8' X 7' j'4' 8' X 7' 1' -61 8' X 7' 1j41 Eave Front View (3) - 8X7 WHITE INSUL RAISEDPNLEZSE70RSN M4SV Building Size: 26 feet wide X 30 feet long X B feet high Approximate Peak Height: 18 feet 8 inches (224 inches) Page 2af3 512712011 Eave Back View Menards provided material estimates are intended as a general construction aid and have been calculated using typical construction methods, Because of the wide variable in codes and site restrictions, all final plans and material lists must be verified with your local zoning office, architect andlor builder for building design and code compliance. Menards is a supplier of construction materials and does not assume liability for design, engineering or the completeness of any material lists provided. Underground electrical, phone and gas lines should be located and marked before your building plans are finalized, Remember to use safety equipment including dust masks and sight and hearing protection during construction to ensure a positive building experience. 12, IN IF- PW^MLPS" 1 1 Design -It" Illustration May Not Depict All Options Selected Helpful Hints for Room In Attic Garage Construction Trusses can not be cut or modifed. Page 3of3 512712011 Increased loading for the floor is included in the room area only. Trusses estimated do not include eave overhangs, material to hand frame the overhangs is included in the estimate. Review the truss spec sheet for overall truss dimensions and room size. Additional truss designs are available that can include eave overhangs or additional room sizes. See a Building Materials team member for more infomation. Dormers as well as other stair designs are possible. To receive a custom estimate, see a Building Materials team member for details. Stair materials included for this estimate are based on the stairs being placed at the end of your garage. Additional construction materials will be needed to move the stairs to another location in the garage. Review all door and window placement to avoid overlap of stairs. Eave overhang roof steel must be field cut to proper length. Menartls provided material estimates are Intended as a general construction aid and have been calculated using typical construction methods. Because of the wide variable in codes and site restrictions, all final plans and material lists must be verified with your local zoning office, architect ator builder for building design and code compliance. Menards is a supplier of construction materials and does not assume liability for design, engineering or the completeness of any material lists provided. Underground electrical, phone and gas lines should be located and marked before your building plans are finalized. Remember louse safety equipment including dust masks and sight and hearing protection during construction to ensure a positive building experience. 3 cA City Code 12 -14 -7 12 -14 -7: VARIANCES: A. The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 8, 10 -21 -1970, Ord. 314, 10 -4 -2005; Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties,". as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) City Code 12 -14 -7 E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee as set forth by ordinance'. A public hearing shall be held by the Planning Commission as provided in City Code 12 -14 -8. (Amended Ord. 342, 3 -6 -07; Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7 request if it will be in keeping with the spirit and intent of this title and if it finds that strict enforcement of this title will cause undue hardships because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of this title. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him /her to obtain a variance, shall have the fee refunded if his/her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 1 See subsection 1 -7 -3H of this code. City Code 12 -6 -3 CHAPTER6 ACCESSORY BUILDINGS AND TEMPORARY STRUCTURES SECTION: 12 -6 -1: Definition 12 -6 -2: Construction Prior To Principal Building 12 -6 -3: Building Height 12 -6 -4: Size And Construction Requirements 12 -6 -5: Location And Setback Requirements 12 -6 -6: Use Restrictions 12 -6 -7: Temporary Structures 12 -6 -1: DEFINITION: For the purpose of this chapter, "accessory building" shall mean garages and sheds. (Ord. 8NNNNNN, 7 -16 -2002) 12 -6 -2: CONSTRUCTION PRIOR TO PRINCIPAL BUILDING: No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Conditional Use Permit. (Ord. 8NNNNNN, 7 -16 -2002) 12 -6 -3: BUILDING HEIGHT: A. Residential District: No accessory building in a residential area shall exceed the height of the principal structure except subject to Subsection 12 -4 -5F and Section 12 -14 -23 of this title, and shall not exceed fifteen feet (15) in height in the R -4 zoning district. B. Business Or Industrial District: No accessory building in a commercial or industrial district shall exceed the height of the principal building except by conditional use permit. (Ord. 8NNNNNN, 7 -16 -2002) 12 -6-4: SIZE AND CONSTRUCTION REQUIREMENTS: A. Accessory buildings on a residential parcel of five (5) acres or less shall be as stated below. However, in the case where the accessory building serves to satisfy the minimum garage requirements as specified in Section 12 -3 -5 of this title, the garage will not be calculated in the accessory building square footage requirement. B. The accessory buildings on a residential parcel with a lot area of five Regular Andover Planning and Zoning Commission Meeting Minutes — July 12, 2011 Page 2 PUBLICHEARING: VARL4NCE (11 -01) TOACCESSORYSTRUCTURE HEIGHT REQUIREMENTS OF CITY CODE 12 -6 -3 AT 18046 ROUND LAKE BOULEVARD NW. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the application for a Variance at 18046 Round Lake Boulevard NW. Mr. Bednarz reviewed the proposed Variance with the Commission along with the new City Code language regarding variances. Chairperson Daninger explained to the Commission the new variance approval process. Commissioner Kirchoff questioned the size of this lot. Mr. Bednarz stated the lot was 2.3 acres in size. Commissioner Gudmundson asked how far the garage would be set back from Round Lake Boulevard. Mr. Bednarz explained the garage would have to be set back a minimum of 60 feet from the property line. He noted the location would have to be verified through the building permit process. Commissioner Cleveland inquired if the proposed building height was necessary. Mr. Bednarz stated 1,544 square feet of accessory structure space was being proposed and the applicant was requesting a higher roofline for additional storage. Commissioner Walton clarified that the house itself was 17 feet high and the accessory structure was proposed to be 18 feet 8 inches high. Mr. Bednarz stated this was the case. Commissioner Cleveland asked if the height of the accessory building would be lower than the principle structure due to the fact the accessory structure would be built on a low point on the lot. Mr. Bednarz stated the final building location for the accessory structure was still unknown. Motion by Walton, seconded by Kirchoff, to open the public hearing at 7:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Chris Hagestuen, 18046 Round Lake Boulevard, the applicant, stated he was present to take questions or comments from the Commission. Commissioner Cleveland questioned the height of the second level of the accessory structure. Mr. Hagestuen explained there would be seven feet of clearance space. The main level would have eight feet on the ground level. Commissioner Walton asked if the applicant had reviewed other possible designs to eliminate the need for a variance. Mr. Hagestuen stated he has looked at 50 garage designs to maximize the space while trying to reduce the height of the structure. Regular Andover Planning and Zoning Commission Meeting Minutes —July 12, 2011 Page 3 Commissioner Gudmundson inquired if there were other design options available to meet the City's height guidelines. Mr. Hagestuen indicated other options would meet the height requirements but eliminated the second story, which was needed for storage. Chairperson Daninger commented that an economical hardship would not be considered when approving this variance. He asked if the garage could be pushed back on the lot. Mr. Hagestuen stated this would interfere with his septic system. Commissioner Walton asked the square footage of the storage room in the accessory building. Mr. Hagestuen estimated the space to be 34 feet by 14 feet. Commissioner Walton questioned if the applicant's storage needs could be met on the lower level of the garage. Mr. Hagestuen felt this would not be enough space for his family as they had three vehicles, a trailer, a tractor, and an ATV. Motion by Cleveland, seconded by Kirchoff, to close the public hearing at 7:23 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Commissioner Cleveland asked if the Commission should be reading through the new variance guidelines one by one with this request. Mr. Bednarz felt this was a great suggestion and noted all guidelines had to be met before the variance could be approved. Commissioner Olsen was unclear how accessory structure height was evaluated in the City's Code. He thought that so long as the site line of the garage did not exceed the principle structure, this was acceptable. However, this vaned from the information presented by Staff this evening. Mr. Bednarz explained the City followed the Uniform International Building Code along with their definitions for building height. Commissioner Olsen expressed frustration with the confusion in the building height definition. Mr. Bednarz stated the building height was quite clear and then averages were used from the Uniform International Building Code. Commissioner Walton commented the interpretation of building height could be misunderstood but City Staff does have a clear understanding of how this calculation was to be determined. Chairperson Daninger read through the variance requirements and asked for comments from the Commission. Commissioner Olsen was in favor of the variance. Commissioner Cleveland stated historically the Commission has approved variance requests when reasonable. Regular Andover Planning and Zoning Commission Meeting Minutes —July 12, 2011 Page 4 Commissioner Gudmundson requested the Commission work through the new guidelines further before she finalized her decision. Commissioner Walton expressed concern with the applicant's need for the additional space and if he has, perhaps, outgrown the property. Commissioner Kirchoff commented the proposed structure fit with the neighborhood. Chairperson Daninger explained the structure was consistent with the Comprehensive Plan. Commissioner Kirchoff indicated the property owner would be using the accessory structure in a reasonable manner and are allowed in residential areas. Commissioner Cleveland questioned if the height of the structure was in harmony with the City's Ordinance. Mr. Bednarz stated this was for the Commission to determine and reviewed and indicated that the intent of the ordinance was to keep accessory structures in proportion with the home. Commissioner Olsen reiterated that the garage would be 120 feet from the center line of Round Lake Boulevard and the applicant was proposing a nice structure with a matching color scheme to the house. Chairperson Daninger explained the structure was in harmony as it was consistent with the City's other Ordinances. Mr. Bednarz added that because the structure would sit lower than the house on the property, the structure would be consistent with the Ordinance. He suggested the Commission could include language in the motion stating the difference in the two structures was minimal and that the accessory structure would sit lower than the house. Commissioner Gudmundson would support this so long as the final building spot was lower in elevation than the principle structure. Commissioner Olsen again expressed frustration with the confusion between the house height and visual difference in height from site lines. Commissioner Kirchoff questioned if each variance request had to have a unique circumstance. Mr. Bednarz stated this was the case. Chairperson Daninger summarized the variance require criteria further stating the first guideline was met because the accessory structure was in harmony with City Ordinance because the physical height was minimal and was consistent with the neighborhood. The request was consistent with the Comprehensive Plan because it shows no inconsistencies. The intent for the property was reasonable due to the fact accessory structures were permitted in residential zoning districts and all other aspects of the variance request were Regular Andover Planning and Zoning Commission Meeting Minutes — July 12, 2011 Page 5 compliant. The foundation of the accessory structure would be lower. For this reason, the garage height and house height difference would be minimal. The locality of the accessory structure ft the neighborhood and was unique due to the topography of the property and style of the house. Chairperson Daninger reiterated that the building height would have to be verified through the building permit request. Mr. Bednarz clarified the findings. Motion by Olsen, seconded by Kirchoff, to recommend to the City Council approval of Variance (11 -01) to accessory structure height requirements of City Code 12 -6 -3 at 18046 Round Lake Boulevard based on the findings stated above. Chairperson Daninger commented he was conservative on variance approvals and felt economic hardships were not a consideration for approval. He stated a building could be built to meet the City's requirements and not require a variance. Motion failed on a split 3 -ayes, 3 -nays (Daninger, Walton, Cleveland), 1- absent (Holthus) vote. Commissioner Gudmundson suggested a condition for approval be added to assure that the building pad is lower in elevation than the principle structure and that the City's setback requirements are met. This would assure that the building was only minimally higher than the house. Commissioner Olsen agreed with this recommendation. Motion by Olsen, seconded by Kirchoff, to recommend to the City Council approval of Variance (11 -01) to accessory structure height requirements of City Code 12 -6 -3 at 18046 Round Lake Boulevard based on the findings stated above and adding a condition for approval to assure that the building pad is lower in elevation than the principle structure and that the City's setback requirements be met. Motion carried on a 3 -ayes, 2 -nays (Daninger, Cleveland), 1- present (Walton), 1- absent (Holthus) vote. Mr. Bednarz stated that this item would be before the Council at the July 19, 2011 City Council meeting. PUBLICHEARING: VARL4NCE (11- 02)TOACCESSORYSTRUCTURE LOCATIONAND SETBACK REQUIREMENTS OF CITY CODE 12 -6-5 AT 13367 MARTINSTREET NW. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the application for a Variance at 13367 Martin Street NW. C I T Y O F 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 Dave Carlberg, Community Developme irector IL r67 FROM: Courtney Bednarz, City Planned SUBJECT: Consider variance to accessory structure location and setback requirements/City Code 12- 6- 5/13367 Martin Street NW - Planning DATE: July 19, 2011 INTRODUCTION The applicant is requesting a variance to allow an existing accessory structure to remain at its present location in the front yard of the property. City Code 12 -6 -5 (attached) does not permit accessory structures to be located in front of the principal structure in this area of the city. DISCUSSION The attached survey and photographs show the location of the accessory structure in relation to the house. The attached letter provided by the applicant addresses the difficulty in locating the accessory structure in compliance with the City Code. In discussing the variance request with the applicant staff indicated that there appears to be room to locate the accessory structure along the side of the garage in compliance with the City Code. Review Criteria The city has adopted the new standards for variances to conform with state statute. City Code 12 -14 -7 is attached Planning Commission Recommendation The Commission recommended denial of the variance request based upon the fact that there is a location along the side of the garage where the accessory structure can be placed in compliance with the City Code. ACTION REQUESTED The Council is asked to compare the variance request with the review criteria of City Code 12- 14-7 and to approve or deny the proposed variance. The attached resolution has been prepared based on the discussion and recommendation of the Planning Commission. The resolution may need to be modified based on the Council's discussion. Attachments Resolution Location Map Applicant's Letter Survey Photographs City Code 12 -6 -5 City Code 12 -14 -7 E -mail from Neighbor Planning Commission Minutes w Cc: Christina Collison 13367 Martin Street NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DENYING A VARIANCE TO THE ACCESSORY STRUCTURE LOCATION AND SETBACK REQUIREMENTS OF CITY CODE 12 -6 -5 FOR PROPERTY LOCATED AT 13367 MARTIN STREET LEGALLY DESCRIBED AS LOT 4, BLOCK 2, EMERALD GLEN, ANOKA COUNTY, MINNESOTA WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -6 -5 to allow an existing accessory structure to remain located in front of the existing house; and WHEREAS, the City Council has received the recommendation of the Planning Commission; and WHEREAS, the City Council finds the request is not in harmony with the purposes and intent of the ordinance because the accessory structure is located in front of the house and close to the street where it draws attention away from the adjacent homes; and WHEREAS, the City Council finds the request is not consistent with the Comprehensive Plan because it visually does not fit the character of the surrounding neighborhood; and WHEREAS, the City Council finds the property owner does not intend to use the property in a reasonable manner not permitted by the ordinance because the location of the structure draws attention away from the adjacent homes and visually does not fit the character of the surrounding neighborhood; and WHEREAS, the City Council finds there are circumstances unique to the property that were not created by the landowner including the shape of the lot and the minimal rear yard space where an accessory structure would typically be located. However, the current location of the accessory structure does not fit within the character of the neighborhood; and WHEREAS, the City Council finds the variance will not maintain the essential character of the locality because there are no other accessory garages in front of the homes in the surrounding neighborhood; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the proposed variance request to allow an accessory structure to remain located in front of the existing house based upon the findings in this resolution. Adopted by the City Council of the City of Andover on this th day of , 2011. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk Variance Accessory Structure Location and Setback Requirements 13367 Martin Street NW Location Map V9 ------ 1331 Coon Rapids Subject Property 3 11 N W S C) UO) M N CO CO --- - - - . ... .. . CY) ,� O CO CO IOC V9 ------ 1331 Coon Rapids Subject Property 3 11 N W S C) UO) M N CO CO ct ,� O CO V9 ------ 1331 Coon Rapids Subject Property 3 11 N W S Specific hardship: Last year, we checked into locating a decorative fence and a shed in our side yard. Our home sits on an irregular shaped corner lot, but there is plenty of room on the north side of the house to locate a shed and the split -rail fence would be added for landscaping/decorative purposes only. I went to the city and spoke with Cameron there who informed me of the setback requirements and that the fence could not be placed there due to utility and drainage easements in that location, but that the shed easements could be met there. I filled out an application for a permit for the shed to be installed and then realized that the size of the shed did not require a permit. We installed the retaining wall and shed, painted, landscaped, and planted flowers and rock to accentuate it and tie it into our house. Beautiful! Looks great and functional too. Then, we received a letter stating that the shed could not be in the front yard. We had never considered this to be the front yard and thought there must be a mistake. Now we understand that it is considered the front yard if it is located in front of the front wall of the garage. We installed this shed in good faith. We had done the checking with the city that was required of us prior to installing the retaining wall and doing any work. The regulation causes hardship because: 1. The shape of the lot is irregular and we do not have the backyard space of a typical lot 2. As a result the only way to meet the requirements is to not have a shed 3. Most of the useable space is eliminated by having to locate the shed behind the front wall of the garage 4. The only area where there is physically enough space to locate the shed behind the front wall of the garage is a drainage area with a relatively steep slope /grade and would require the removal of several mature trees. 5. The shed was located in a space where it is aesthetically pleasing to the eye, is secluded in the trees, and does not affect my neighbors nor my view. 6. The structure would be very difficult and costly to relocate and would cause drainage issues between the houses. Thank you for your consideration in approving this variance request. Jim and Christina Collison Established in 1962 LW SURVEYS COMPANY, INC. � ® NO. NO.606722 LAND SURVEYORS SCALE 1" _, 2D' _ o Denotes lron.Monument REGISTERED UNDER LAWS OF STATE OF MINNESOTA p Denotes Wood Hub Set 7601.73rd Avenue North 66041093 For Excavation Only T & 0 HOMES Minneapolis, Minaeaots 55428 x000.0 _ Denotes, Existing Elevation (S) Denotes Proposed Elevation Property located in Section 34, Township 32, Range 24, DenoPas Surtace Drainage Anoka County, Minnesota 013,0• Proposed Tap of Block V- j' Z,5 Proposed Garage Floor Proposed Lowest Floor APPROVED STAMPED SURVEY Type of B ilding - MUST BE ON SM SITE ✓� ��i � UC FOR FOOTING INSPERIM rr//,, 894r y \W \ GARAGE FMOR SHM a MINIMUM Tr ABOVE EXISTING STREET GRACE WITH II MAXIMUM SLOPE OF 10 PERCENT. : S'7- t� { -i. Li IA', t 8qs6 v —g I�� 6 lo 1 � �POSFD lA I VF- e� Q bidQ. 35.13 Sol 0.N 40 Ni -1 glen 89a -- 133.86'_— se8 � Lot 4,.Block 2, EMERALD GLEN �336� dL1ei27z,V sr�cw' Proposed building information must be chedked with approved building plan before excavation and construction. i. TN only onerWia "" are from plats of record orinfo=Wn provided by i client. NA hereby csriliythatihis is a InM and correct representation of a eurmyof the bourgmies of the above @ascribed land and the toW ion of all buildings and vis- IN* encewchments, If sty, from or on eold land. - Signed Suh"byoathia 28th dayot 0. n r to 93 r ymond A. Prasch Mirm. Reg. No. 6743 Ff ,Vf5F -.>7 tl eme,-� -2-4 i, r M-3 1'n ■ -.t I ro - z— I ..-_. _L, -, . City Code 12-6 -5 12 -6 -5: LOCATION AND SETBACK REQUIREMENTS: A. Private Garages Facing Public Ways: When a private garage is oriented so as to face onto a public right -of -way, it shall not have less than the minimum required setback for the principal structure as measured from the lot line. B. In Residential Districts: 1. Accessory buildings and structures located in residentially zoned districts shall have a minimum setback of five feet (5') from side and rear lot lines unless an easement exists that is more restrictive. (Amended Ord. 314, 10-4- 2005) 2. Accessory buildings and structures located in a yard adjacent to a County road shall have a minimum setback fifty (50) feet from the property line in all residential zoning districts except for the R -4 district, where the setback shall be forty (40) feet. (Amended Ord. 314, 10 -4 -05) ® 3. Accessory buildings and structures located in a yard adjacent to a City street shall have a minimum setback forty (40) feet from the property line in R -1 and R -2 zoning districts and thirty-five (35) feet in R -3 and R-4 zoning districts. (Amended Ord. 314, 10 -4 -05) 4. Accessory structures located in the side or rear yard of corner lots that are adjacent to a lot that fronts on a cul-de -sac shall be no closer to the property line than the outside wall of the house. (Amended Ord. 325A, 4- 18 -06) 5. Where less than 120 feet of right -of -way exists for county roads or arterial streets, setbacks for all structures shall be measured assuming a sixty -foot right -of -way on each side of the existing right -of -way centerline. (Amended Ord. 314, 10 -4 -05) 6. Where less than the minimum roadway right -of -way required by City Code 11- 3-3 exists, setbacks for all structures shall be measured assuming right -of- way required by City Code 11 -3 -3. (Amended Ord. 314, 10 -4 -05) C. In Business And Industrial Districts: Accessory buildings in the business and industrial districts shall not be closer than ten feet (10') from side and rear lot lines subject to provisions for the abutting residential zone provided herein. D. Location In Rear Yard Setback Areas Generally: An accessory building may be 8 located within the rear yard setback, provided said accessory building does not occupy more than twenty five percent (25 %) of a required rear yard. E. Prohibited In Drainage And Utility Easements: All accessory buildings and structures shall not be constructed or placed in a drainage or utility easement. F. Front Yard Setback Requirements: No detached garages or other accessory [�J buildings shall be located nearer the front lot line than the principal structure except as follows: 1. On residential parcels with a lot area of one acre or more, a detached garage or accessory building may be constructed closer to the front lot line than the principal structure; however, the minimum distance it may be from the front lot line is sixty feet (60') subject to City Code 12 -6 -5. (Amended Ord. 314, 10-4- 2005) 2. All detached garages or accessory buildings constructed nearer the front lot line than the principal structure shall be similar in design and exterior finish material so as to be compatible with the principal structures. (Ord. 8NNNNNN, 7 -16 -2002) G. Animals: Any building in which farm animals, pleasure /recreational animals or poultry are kept shall be a distance of one hundred feet (100') or more from any other occupied residence, and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot. The City Council may order the owner of any such animals to apply for a Conditional Use Permit if it is deemed to be in the interest of the public health, safety, or general welfare. (Amended Ord. 8, 10 -21 -1970; amd. 2003 Code; Amd Ord. 314 10 -4 -2005; Amd. 4/18/06, Ord. 325A) City Code 12 -14 -7 12 -14 -7: VARIANCES: A. The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 8,10-21-1970, Ord. 314,10-4-2005; Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) 10 City Code 12 -14 -7 E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee as set forth by ordinance'. A public hearing shall be held by the Planning Commission as provided in City Code 12 -14 -8. (Amended Ord. 342, 3 -6 -07; Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City. Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7 request if it will be in keeping with the spirit and intent of this title and if it finds that strict enforcement of this title will cause undue hardships because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of this title. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him /her to obtain a variance, shall have the fee refunded if his /her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 1 See subsection 1 -7 -3H of this code. Courtney Bednarz From: Jackie Johnson Bacque.jonson @gmail.com] Sent: Monday, July 11, 2011 11:17 PM To: Courtney Bednarz Subject: Hearing: VARIANCE on 13367 Martin St. NW.. To the attention of COURTNEY BEDNARZ, city planner, Andover, MN. RE: Variance Lot 4, Block 2, Emerald Glen - 13367 Martin St. Our house is directly across the street from the SHED in question. We strongly encourage the city of Andover to deny the Variance in question. • SHED LOCATION does not meet city code, it is on the corner of the lot NOT located behind or even with the MAIN structure, which is code. The shed is located on the corner of the lot where Martin curves and turns 90° into 134th Ave. NW. It appears to be a structure not belonging to the house on either side, the only evidence is the direction the door is facing. • SHED was installed w/o prior authorization from the city. • SHED has no access except across a yard, it has a garage type door. • SHED creates a blind spot, corner is a bus stop for multiple school buses. Safety Hazard. • SHED area on the corner of the lot, landscape is not maintained, no sod, only weeds. • Owner does not live at the home, shed was placed on corner by owner and has not been used. • if owner wants shed, it is a nice shed and should be placed according to city code, the lot is an irregular shape, but code should still be maintained. thanks, owners 1971 -134th Ave NW, Andover. Regular Andover Planning and Zoning Commission Meeting Minutes —July 12, 2011 Page 6 PUBLICHEARING: VARIANCE (11 -02) TOACCESSORYSTRUCTURE LOCATIONAND SETBA CK REQUIREMENTS OF CITY CODE 12 -6 -5 AT 13367 MARTIN STREET NW. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the application for a Variance at 13367 Martin Street NW. Mr. Bednarz reviewed the proposed Variance with the Commission. He stated that it appeared the accessory structure could be moved to the side of the garage to comply with the ordinance. Chairperson Daninger noted for the record that an email was sent to the City opposing this variance request. Commissioner Gudmundson questioned the size of the current shed. Mr. Bednarz estimated the size to be 8 feet by 10 feet, or 80 square feet in size. Motion by Walton, seconded by Gudmundson, to open the public hearing at 8:05 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Christina Collison, 13367 Martin Street, the applicant, was present to take comments from the Commission. Commissioner Kirchoff questioned how the shed was placed on the property. Mrs. Collison stated she has temporarily relocated to Arizona for her husband's work and the home was now being rented. She felt the structure was properly located on the site and was surprised when she received a letter from the City. Mrs. Collison commented she understood the shed to be placed on her side yard and not the front yard. There was some concern for placing the shed adjacent to the garage due to the changing slope of the property. Commissioner Olsen asked if the shed was placed on 4 foot by 4 foot skids. Ms. Collison believed that it was placed on 4 foot by 4 foot pieces of timber and was fully landscaped around the base of the structure. Motion by Cleveland, seconded by Kirchoff, to close the public hearing at 8:11 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Chairperson Daninger read through the variance requirements and asked for comments from the Commission. Commissioner Walton felt the current location of the structure was odd and should be moved beside the garage. He indicated the setbacks may be met, but the location was odd. He did not feel the placement at this time was in harmony. Regular Andover Planning and Zoning Commission Meeting Minutes — July 12, 2011 Page 7 Commissioner Cleveland questioned if the City gave out misinformation on the setbacks or placement of the shed. Mr. Bednarz indicated he had spoken with the staff person the applicant mentioned in the letter who indicated that he had discussed a fence location and the fact that a building permit for the accessory structure would not be required. However, he did not recall advising the applicant on the location. Commissioner Olsen asked if a shed could be in front of the sight line of a garage. Mr. Bednarz reviewed the ordinance with the Commission. Commissioner Olsen commented the building should not have been placed in its current site and agreed with Commissioner Walton that it should be moved. Chairperson Daninger read through the variance criteria noting the location of the shed was not in harmony and was out of compliance with City Code. The shed was also in front of the principle structure which did not align with City Ordinance. The shed was not consistent with the goals and intent of the Comprehensive Plan as it did not visually fit the intent of the neighborhood. The applicant was using the property reasonably and accessory sheds were allowed in residential neighborhoods. The applicant did have a unique lot shape and had no backyard to place the shed. Commissioner Gudmundson questioned if the shed were pulled all the way to the front of the garage it would fit. Ms. Collison indicated it may fit in this location. She then expressed frustration that the shed would have to be moved at an additional expense, as she approached the City initially and was given inadequate information on the proper setbacks. Motion by Walton, seconded by Cleveland, to recommend denial of the variance (11 -02) to accessory structure location and setback requirements of City Code 12 -6 -5 at 13367 Martin Street based on the findings above. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Holthus) vote. Mr. Bednarz stated that this item would be before the Council at the July 19, 2011 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (11 -02) FOR USED VEHICLE SALESAT3_138 162" LANE NW. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the application for a Conditional Use Permit for used vehicle sales at 3138 162nd Lane NW. Mr. Bednarz reviewed the proposed Conditional Use Permit with the Commission. Commissioner Gudmundson questioned the size of this property. Mr. Bednarz indicated the site was just over one acre. • -: ,` 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Review Survey and Options for 149th Ave NW Drainage Concerns July 19, 2011 INTRODUCTION Pursuant to Council direction, City Staff contracted with a surveyor to perform a survey of the drainage and utility easements on various properties along 149`h Avenue NW, a portion of the Woodland Estates Development. The City Engineer will review the survey with the Council at the meeting. Pursuant to Council direction, City Staff was directed to re,Xond to a number of questions raised in a presentation made by Gordon Pietsch at the June 28 City Council workshop. The City Engineer and City Administrator have answered those questions and will review with the Council and Mr. Pietsch at the meeting. Pursuant to Council direction, City Staff was directed to provide options to deal with the drainage concerns of various property owners along 149th Avenue NW. The City Engineer and City Administrator will present and discuss options at the meeting. DISCUSSION Site Survey: The survey will be reviewed at the meeting, but it is apparent there are a significant number of encroachments (fences, retaining walls, patios, landscaping, etc.) into the City's drainage and utility easement. City Staff Answers to Gordon Pietch's Questions: City Staff have provided responses to Mr. Pietsch's questions. The original handout provided by Mr. Pietsch is attached as are the responses by Staff. Options for Drainage Concerns: City Staff have reviewed options to address the drainage concerns. Listed below are a few options: 1. The first option would be that the City re- grades the existing drainage and utility easement and request that the property owners remove the various encroachments. 2. The second option would be to modify the pond outlet. This would include extending a new storm pipe to the Andover High School Pond and diverting the flow to the new pipe. This would have estimated costs between $16K and $17K. A cost estimate worksheet is attached. The question for the Council would be which option would you like to pursue and how should it be paid for? Administration Recommendation to deal with the Drainage Concerns: City Administration's recommendation would be to propose to the residents impacted by the drainage and utility easement, that a significant portion of that easement be vacated by the City in exchange for an assessment of the pond outlet modification costs to the properties that would benefit from the drainage and utility easement vacation. Attachments: To assist with discussion please refer to the following attachments: 1. Site Survey 2. Gordon Pietch's June 28, 2011 Presentation with Questions (questions coded) 3. City Staff Answers to Gordon Pietch's Questions - 149`h Ave NW Water Issues 4. Woodland Estates Pond Outlet Modifications — Cost Estimate 5. City Council Minutes a. Excerpt of June 7, 2011 City Council meeting b. Excerpt of June 21, 2011 City Council meeting c. Excerpt of June 28, 2011 City Council meeting — Draft form d. Excerpt of July 6, 2011 City Council meeting— Draft form Also other maps and documents will be available at the meeting and presented if necessary to assist understanding and discussion. ACTION REQUESTED Receive a presentation on the attachments, discuss and provide direction to staff. submitted, J 0 ivaMO nw I Ii monso o mw •x M m� � e «wo p so -a -cam °' a a -ar -n cocas ax•w•vn •vow .•�..v wr.+�w ax x..,,s wm •e .,..yen xwa uosaapuy jar��.' AWN �..L� io N do 1.1.1 3 saiv sa QNV IQOOX Z 3I7oZH u�noaxv3O atto — a— N = o � .az- i �n-is __... e- .a aaxa3xa a, '1 NOISV3b 31tl0 aue re nxwa .wn u narencr.� c vs wr�om w°n�,r�.a�»iv p •oie °wp,•:�ya we NNiw�bi uoSUpx72H� __._ —._�__ x�iCU '�IS• €aoa6 -H so E= 59Eo €-¢ °u s 3a : ESE <�v �Oa E yg dS a.y'� %coo E m`n a' av _c �x U °� °� 5 • ors` Ems@ II1 I Ii I I 1 t 1 �1 a, '1 1 I \` 1 ,1 \ 1 \ o 11 x` A. w a w r W ��� �kaok'oeeke "ee e e "e '� o�'u�000�oo oL o� os o 0 0 I C� s � R z r R I I I I I ry I xl II II 1 a T li I Ili 1 , I I 1 1 1 1 1 X1'1\ 1 X 1 1 \ 1 1 X91 \`I I 444 04 a } Julia 'A "N WOi1L5�top. 149th Avenue NW Water Issue June 28, 2011 Gordon Pietsch Personal Historical Observations • Spring 1999 — Snow melt results in wetland easement filling within a day. 24 hours later, water disappears • Sept 2005 Andover storm — wetland easement fills that night. Within 4 -5 days water is completely gone • March 2011— City begins pumping water into Storm Water Management System — Surface water recedes, however, sink holes found in wetland remain filled (water table is near surface) • Without the city's pumping effort of the easement, a pond would have would continued to exist • June 2011— Portions of the wetland bottom drops about a foot heading north from the culvert • It appears that several trees will die in the wetland _4 - C 6/28/2011 1 6/28/2011 Storm Water Management System (SWMS) • What is consider in developing a SWMS? • Can the city provide a map that defines the footprint of this SWMS? • What design specification were used to determine the amount of rainfall range (short term and longterm periods)? — Was the wetland easement considered as a E1 contingency? — Was soil structure of the wetland part of the an ? 1c•a Easement Notification • How is the public educated on whether an easement exists within their property? • Did everyone understand the purpose of the �Q easement? L� • What does an utility easement entail? — Gas, electric, drinking water, sewer, cable? — Other? • Will we have available to us the original and current survey maps? ct� • Will the city outline with flags, the perimeter of th� easement? lA —G7 6 /2s /2011 Precipitation History • Several have suggested that since last fall, precipitation is above average — Does documentation exist to confirm this? �. — What data source could be used to confirm th'3A .�i Well Pumping Study • Was an impact study completed to determine how much water the Storm Water ED Management System could handle? — Did it assume the availability of the wetl easement? — Did it consider the past precipitation history? — Did it allow for potential rainfall in the future? 3 -C - 6/28/2011 Well Pumping • How did the city notify residences that the easements were going to be 1 used? If so, when did residences get notified? • If the city had not been contacted, how Ion would the city well pumping have continued? — Until the city well was cleaned? — Until the water went beyond the easements? — Was city staff monitoring the water levels? • How much water was pumped from the city we o the Storm Water Management System? When did it start? How much water was pumped each day into: — Ponds 1 and 2? — Otherponds? • What was well #7 capeigal/minute) prior to pu • What was the capacity goal following the pumping? • What is the current capacity.Z1 Future • Continued pumping of the well is required to get the well to full capacity — Where does the city intend to pump the water to? — When will the well pumping begin again? A•',; 4 - I - 6/28/2011 1,000,000 Gallons 231 cubic inches 231,000,000 cubic inches of well water I" depth 5 "' depth 10"" depth i depth Surface area covered (acres) 36.82 7.36 3.68 1.84 5 Q 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Answers to Gordon Pietsch's questions — 106 Avenue NW Water Issue STORM WATER MANAGEMENT SYSTEM D Q: 1A What is considered in developing a SWMS? A: 1A The City has adopted a Water Resource Management Plan to meet local watershed requirements as required through the Metropolitan Surface Water Management Act and Board of Water and Soil Resource Rule 8410. This plan identifies specifics of the City's Storm Water Management System. Q: 11B Can the city provide a map that defines the footprint of the SWMS? A: 11B The City has a map of the entire storm water system. Each individual plat has a hydrology report that identifies the specific design for that plat. This information is either available from the City or the Coon Creek Watershed District. Q: IC What design specifications were used to determine the amount of rainfall range (short term and long perm periods)? A: 1C Rainfall events analyzed for determining pond /low area high water levels (which in turn help set minimum low floor elevations for homes) and hydrology calculations for entire plats are based upon 100 -year, 24 -hour storm events (5.9" rainfall) if there is an outlet for the system as there is for Woodland Estates. Q: 1C.1 Was the wetland easement considered as a contingency? A: 1CA The wetland was used as an overflow for the upstream ponding system. This is allowable design criteria due to the fact that the runoff is pretreated by the upstream ponding system prior to the discharge. Q: 1C.2 Was soil structure of the wetland part of the analysis? A: 1C.2 Soil structure within a delineated wetland cannot be disturbed unless it is approved as part of the development process. The storm water is pretreated prior to the discharge. The design for the overflow is to allow the water to flow overland as identified on the grading plan for the plat. EASEMENT NOTIFICATION Q: 2A How is the public educated on whether an easement exists within their property? A: 2A It is important that a property owner do their due diligence when purchasing a property to understand what they are buying. Generally a survey is provided to a property owner at closing or disclosed as part of the purchase negotiation. 61 The City is not involved in the purchase /sales transaction between developers and homebuyers, or between homebuyers. We do answer these type of questions from potential buyers when they call on prospective properties. Q: 2B Did everyone understand the proposed of the easement? A: 2B This question is difficult to answer. Everyone should do their due diligence and know what they are buying. The City currently provides handouts on easements and information is available on the City's Web Site. Q: 2C What does an utility easement entail? A: 2C Pursuant to Minnesota Statute 505.01 Plats, Donations, Purpose, Definitions, Subdivision 3 (b) ando) the purpose of these easements is for purpose of controlling, preserving and providing for flow or storage of water and conveyed, granted or dedicated to the public for utility purposes. Utility easements entail both private and public utilities and anything associated with that utility. Gas, Electric, cable, telephone, storm sewer, sanitary sewer, water main etc. are allowed in such easements. A drainage and utility easement covers both water drainage (whether it be surface flow through or pond i ng/storage) within that easement and the utilities mentioned. Q: 2D Will we have available for us the original and current survey maps? A: 2D Yes and they have already been given out to Mr. Pietch. Q: 2E Will the city outline with flags, the perimeter of the easement? A: 2E No. The easement is self explanatory on the survey. The City does not locate private property corners, lines, or easements. PRECIPITATION HISTORY 3A Several have suggested that since last fall, precipitation is above average. Q: 3A.1 Does documentation exist to conform this? A: 3A.1 Yes Q: 3A.2 What data source could be used to confirm this? A: 3A.2 With help from the Anoka Conservation District and data collected from the Coon Creek Watershed District the data is based from the Office of State Climatology (Andover National Weather Station). WELL PUMPING HISTORY Q: 4A Was an impact study completed to determine how much water the Storm Water Management System could handle? A: 4A The storm water system is designed to handle flows from a 100 -year, 24 -hour storm event. The runoff associated with a 100 -year, 24 -hour storm event is significantly greater than what was pumped from the well. In addition, Public Works crews inspected the flow path prior to pumping to ensure that there were no obstructions that would back up water outside of existing easements. Q: 4A.1 Did it assume the availability of the wetland easement? A: 4A.1 Refer to 1 C.1 Q: 4A.2 Did it consider the past precipitation history? —to- A: 4A.2 Yes. Q: 4A.3 Did it allow for potential rainfall in the future? A: 4A.3 Yes. The design of the storm water system is for water to flow through a network or ponds, storm sewer, and ultimately flow out of the plat through the wetland in question, into a larger wetland complex to the south, and ultimately into Coon Creek. Storm water systems are inherently designed to handle multiple rainfall events, both past and future. WELL PUMPING Q: 5A How did the city notify residences that the easements were going to be used? If so, when did residences get notified? A: 5A By a letter that was hand delivered to each impacted resident on March 31, 2011 by Public Works staff. Q: 513 (513.1 -56.3) If the city had not been contacted, how long would the city well pumping have continued? Q: Until the city well was cleaned? Q: Until the water went beyond the easement? Q: Was city staff monitoring the water levels? A: 513 (513.1 -513.3) The City would have continued pumping as long as the water did not leave the easement and when the well work was complete. We continued to monitor this several times through the day and at no time did the water leave the easement. The water would flow west through the easement before it would go outside the easement boundaries. Q: 5C (5C.1 -5c.2) How much water was pumped from the city well into the Storm Water Management System? When did it start? How much water was pumped each day into: Ponds 1 and 2? Other ponds? A: 5C (5C.1 -5c.2) The total amount pumped was 2,286,000 gallons. It started on 3/22/11. Well Development (Air Lifting) 3/22/11 3/24/11 3/25/11 3/30/11 3/31/11 4/6/11 4/7/11 4/12/11 4/13/11 4/14/11 4/15/11 Total from Air Lifting 48,000 gal 144,000 180,000 180,000 180,000 180,000 96,000 144,000 180,000 144,000 144,000 1,620,000 Test Pumping 5/4/11 201,OOOgal 5/5/11 465,000 Total from Test Pumping 666,000 —11 This was pumped into pond 1 and then would overflow into pond 2 and after a few days went into the overflow pipe of pond 2. . Q: 5D What was well #7 capability (gal /minute) prior to pumping? A: 5D The well was operating at about 800 gallons per minute before the well maintenance. Q: 5E What was the capacity goal following the pumping? A: 5E The capacity goal after the maintenance project was to have the capacity back to the original design of 1200 gallons per minute. Q: 5F What is the current capacity? A: 5F The well is currently pumping at 800 gallons per minute. If we go any higher sand begins to be pumped out with the water. FUTURE Q: 6A (6A.1 -6A.2) Continued pumping of the well is required to get the well to full capacity. Where does the city intend to pump the water to? When will the well pumping begin again? A: 6A (6A.1 -6A.2) The City intends to use its drainage and utility easement. It is hard to say when pumping may begin again. This is dependent on numerous factors such as: 1. Weather conditions 2. System demand 3. Time of the year 4. Drainage and utility easement conditions 5. Available staff — \D, Woodland Estates Pond Outlet Modifications - Cost Estimate TOTAL ESTIMATED PROJECT OUANTITIE 1 Mobilization LS 1 $75U.Wpu.uu Salvage and Install Chain Link Fence LF 60 $15.00 $900.00 Salvage Privacy Fence LF 50 $7.50 $375.00 4 Bulkhead Pie in Manhole LS 1 $300.00 $300.0 Connect Into Existin Manhole Each 1 $1,000.00 $1,000.0 30" RC Pi e A ron & Trash Guard Each 1 $1,750.00 $1,750.0 F0 30" RC Pie Sewer CL III LF 58 $80.00 $4,640.0 Random Ri ra Class III CY 5 $85.00 $425.00 Seed Mixture, T e 240 LB 20 $3.50 $70.00 Erosion Control Blanket, Cate o 1 SY 1,200 $1.25 $1,500.0 . Estimated Construction Cost $11,710.0 Plan Preparation / Permitting / Quotes / Survey / Inspection $3,045.60 Easement Documents $1,500.00 n Plan Prep and Construction Costs Task # Task Employee Est. Hours Rate Multi tier Total 1 Plan Preparation 1 Drafting Tech 8 $ 31.45 2.9 $729.64 2 Review / Design / Redline Plans Jason 2 $ 42.79 2 $171.16 3 Prepare Specs / Quantities / Quote Documents Jason 4 $ 42.79 2 $342.32 4 Review and Sign Plans Dave 1 $ 54.48 2 $108.96 5 Submittal to Coon Creek Watershed District / Permitting Jason 2 $ 42.79 2 $171.16 6 Solicit Quotes from Contractors Jason 3 $ 42.79 2.0 $256.74 7 Contracts / Legal Jason 2 $ 42.79 2.0 $171.16 8 Construction Staking Tech 2 $ 31.45 2.9 $182.41 9 Construction Inspection Tech 6 $ 31.45 2.9 $547.23 10 As -Built Survey / Drawings Tech 4 $ 31.45 2.9 $364.82 Estimated Indirect Costs $3,045.60 1 1 Easement Documents - Prep and Recording Consultant I I I $1 500.00 "Note: Actual costs would be based upon actual hours billed - My Svv,t -r L` vv iI V � 5 Y O F '�-- ME REGULAR ANDOVER CITY COUNCIL MEETING —JUNE 7, 2011 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, June 7, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, and Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson City Planner, Courtney Bednarz Others PLEDGE OFALLEGIANCE FRESIDENTFORUM . Colleen Kaufenberg, 2244 149 "' Avenue NW, lives right behind the high school. She ressed concern about the amount of water that has been pumped and has been standing in ir backyards. She stated other neighbors have the same concerns. Her backyard is a swamp and has been that way for weeks. This was due to the pumping of the City well. Hundreds of thousands of gallons of water have been pumped. The ground is saturated. She met with David Berkowitz a month ago and asked if anyone from the City staff had seen the situation. She was told the last pumping would be that day. She requested the pumping of the well be postponed until the following week to allow for some of the standing water to soak in. She requested the water be pumped off her and her neighbors' properties. She did use a small pump to remove some of the water. Ms. Kaufenberg contacted Councilmember Trude who came and looked at the situation. She saw the stagnant smelly water. Staff told her they would put a pump on the property and begin pumping the water. The pumping of the well has stopped. The water remains on her property and her neighbors' property. The City did do pumping in her backyard for approximately one week. It reduced the amount of water some, but still many homes are being impacted. The water was 3 feet deep at one time. This is a hazard to the children in the neighborhood. She believes there are bacteria growing in the water. The mosquito issue is also a problem. She asked why the water is not draining properly through the easement. She requested the pumping continue until the water is gone. The ground needs to be dried out. If this would be an ongoing issue the easement may need to be looked at as it is not working. She presented photographs of the properties. She invited the Council to visit the properties. Mr. Berkowitz stated pumping was done last week. There were 5 '/2 inches of rain a couple -15- 3 vv% e i Regular Andover City Council Meeting Minutes —June 7, 2011 Page 2 weeks ago over a 24 hour period. There were culverts and storm water basins overflowing. Water is no longer being pumped from the well. He stated the ponding system continues to overflow. He stated it will continue to flow until evaporation occurs. Mayor Gamache noted Mr. Berkowitz did provide some pictures to the Council via email. Ms. Kaufenberg stated the pictures she provided were prior to the 5 %2 inches of rain. The water is intended to flow through adjacent properties. Mr. Berkowitz stated the ultimate solution is to go into the three properties and grade the properties to enable the water to flow correctly. Councilmember Jacobson asked where the water was pumped and Mr. Berkowitz stated it was pumped from the properties to ponds on the school property with their permission. Mayor Gamache stated in May there was 8 inches of total rain in Andover. Mayor Gamache asked if there are some drainage easement issues. Ms. Kaufenberg stated the homes to the west, the pool of water has started evaporating. They have been in their home 3 years. There has never been ponding water on their property. Mayor Gamache asked if Staff would look at the problems with the easement and come back to the Council with recommendations on what can be done working with Ms. Kaufenberg. Mr. Berkowitz stated they can send the surveyors out to shoot the elevations and look at the properties and the easement. Mayor Gamache asked if the pump could be set up again to pump the water from the properties. Mr. Berkowitz stated they could with Council direction. Mr. Dickinson stated there is no structural issue for the home. They do not want to commit the City to pumping in these situations if no structure is impeded. If pumping is done from one easement to another, to another it will not solve the problem, it just moves the issue down stream. Councilmember Trude stated Ms. Kaufenberg is requesting the pumping continue so her property can be used. Councilmember Jacobson stated he would like to move this item to later on the agenda so other residents present for the public hearings can be heard. Councilmember Knight stated the City well was pumped which may not occur in other areas. Mr. Dickinson stated they have pumped other wells in the same manner. Councilmember Trude stated she supports additional pumping be done on Ms. Kaufenberg's property. Ms. Kaufenberg stated the ponded water has sat on her property for 8 weeks. If there is more rain the water will come closer to the structure. Mr. Dickinson stated pumping the city well is common practice and there is some more rehabbing needed on the well. He suggested staff look at the elevations in the area. Councilmember Bukkila stated there are a number of issues, but particularly the well and the pumping. Pumping of this well has not been done for 15 years. She stated had the elevations - 1L :JVV1 e Regular Andover City Council Meeting Minutes —June 7, 2011 Page 3 been working as they should, there would likely not be a problem. The rain made it worse. Ms. Kaufenberg was told the problem could be in the last ponding basin. She is concerned that the properties would be dug up to fix the easement. Councilmember Bukkila stated she was told by staff that while they were pumping they were drawing water from the ponds onto the property. Mr. Berkowitz stated when the low area is pumped it has continued to fill from the pond upstream. As soon as the pump is removed the water will rise again on Ms. Kaufenberg's property. There is still 1 inch of water in the outflow pipe for the pond. Upstream the pond needs to be lowered below the pipe elevation then the water would stop draining on the property. The ponds upstream are outflowing and the water continues to come out of the pond. There could be one or two more weeks of pumping needed for the well, but that is not planned now since the well needs to be in production. Councilmember Bukkila questioned how often maintenance of this type would need to be done. Mr. Berkowitz stated approximately every 6 years. Higher capacity was needed from the well. The City needs to continue general maintenance on the wells to provide water to the entire City. Mr. Dickinson stated the times when water levels are down it would be looked at again. Mayor Gamache stated Councilmember Trude wanted to start pumping. This resident has come before Council. Mr. Dickinson stated they could pump and determine elevations, pumping would be to the end of the week. Ms. Kaufenberg stated the adjoining properties are affected. Mayor Gamache summarized that her backyard will be pumped and surveyed. Mr. Berkowitz stated it is difficult to change the design of the system. Mr. Berkowitz suggested he take Ms. Kaufenberg on a tour to see how the system actually works. Ms. Kaufenberg suggested there are design problems that make it not work correctly. Councilmember Trude stated staff has been very accommodating. Ms. Kaufenberg came to the Council for resolution to her issues. Councilmember Bukkila stated we should let the public know if one Councilmember is aware of a situation that does not mean all Councilmembers are aware. They cannot discuss issues or email between them all outside of Council meetings due to open meeting laws. AGENDA APPROVAL Councilmember Jacobson noted supplemental information was provided for item 9. Councilmember Trude requested item 4 under consent items be moved to under item 12. Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. , I )- Regular Andover City Council Meeting Minutes —June 21, 2011 Page 3 On Page 1, line 34 -35, referred to "She requested the pumping be postponed until the following week to allow for some of the standing water to soak in." Mr. Berkowitz stated Ms. Kaufenberg was referring to the pumping of the well being postponed. Councilmember Trude referred to page 4, lines 18 -19 add a comma before the word(s) insert and make the "i" lowercase. Councilmember Bukkila referred to page 3, lines 34 -35, correct to read: Councilmember Bukkila stated we should let the public know if one Councilmember is aware of a situation, that does not mean all Councilmembers are aware. They cannot discuss issues or email between them all outside of Council meetings due to open meeting laws. Motion by Trude, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. June 7, 2011 Closed Meeting: Approved with a correction. Motion by Jacobson, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Award Quote /11 -14 /Fencing for Tower #1 (Rose Park) Item 4 Commit Specific Revenue Sources in Special Revenue Funds — GASB 454 (See Resolution R049 -11) Item 5 Approve Appointment/Community Development Director Item 5a Award Quote /11- 30/167th Lane NW Turn Around Project Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT Commander Kevin Halweg from the Anoka County Sheriff's Office, provided the Council and the citizens of Andover with an update on law enforcement activities within the City. Councilmember Bukkila asked about the curfew issues. Commander Halweg stated Sunday through Thursday there is an earlier curfew. Friday and Saturday night curfews are later and curfews differ depending on the children's age. CONSIDER CHANGES TO CITY CODE TO COMPLY WITH VARIANCE LEGISLATION W S OVNC 5 - 20P3 Regular Andover City Council Meeting Minutes —June 21, 2011 Page 6 August 3, 2011; or another date acceptable to the Council. Motion by Jacobson, Seconded by Trude, to reschedule the August 2, 2011 Regular City Council meeting to Thursday, August 4, 2011. Motion carried unanimously. ADMINISTRATOR REPORT City Staff updated the Council on the administration and city department activities, meeting reminders, CIP projects and development activity. Mr. Dickinson reminded Council about the workshop scheduled for June 28, 2011 at 6:00 p.m. and the concert on June 23`d at Andover Station. Mr. Berkowitz reminded Council about the Grand Opening of the Skate Park on Thursday, June 23`d at 6:00 p.m. Mr. Berkowitz thanked the Andover Baseball Association for cleaning Sunshine Park after their tournament last weekend. Mr. Dickinson announced the Andover Family Fun Fest is July 8 -9, 2011. MAYORICOUNCIL INPUT (Main Street) — Councilmember Knight asked when Main Street is going to be opened. Mr. Berkowitz stated he does not know the answer. (Ms. Kaufenberg — Drainage Problem) — Councilmember Trude stated Ms. Kaufenberg was at I last meeting regarding the drainage problem in her area. Mr. Berkowitz stated pumping was done for one week. A consulting survey group was met with to obtain a quote for doing the survey of the properties and the high school pond, an estimated price was received. The water is in the drainage and utility easement. There is no structure in danger. Councilmember Trude the the neighbors are concerned about mosquito control and algae in the standing water. Councilmember Bukkila asked the City Attorney about the City's obligation. Mr. Baumgartner stated the City has the right to utilize the drainage and utility easement. The easement was identified on the original plat. He stated at this point the question is did the City cause the problem. He suggested staff continue with the current plan. Councilmember Jacobson stated the Council had agreed to do the survey and determine if the water is flowing properly. Councilmember Trude stated the water has been standing in the area since April. Mr. Dickinson stated the easement through the yard is a drainage and utility easement and the easements were all identified on the plat. He read the description of a drainage and utility easement. The storage is allowed by Statute and the City has the legal ability to do _II_ 303 Regular Andover City Council Meeting Minutes —June 21, 2011 Page 7 what it has done. Other ponds have been looked at throughout the City and the ponds are high. Mr. Dickinson stated if we needed to do work outside our easement, permission would need to be granted by the Watershed District. Councilmember Jacobson stated the City needs to be careful because there are most likely other areas in Andover with similar situations of standing water. Councilmember Bukkila asked how soon Staff would be able to do a survey and Mr. Berkowitz stated approximately starting in a couple weeks. Councilmember Jacobson suggested the survey be done as soon as possible. Mr. Dickinson indicated the cost of an outside survey would be $2,500 - $3,000. Councilmember Knight asked if the Watershed could be contacted. Mr. Berkowitz stated before contacting the Watershed the survey needs to be completed. Mr. Berkowitz showed the area of the drainage and utility easement on a map. He showed pictures of other areas within the City with standing water. Mr. Berkowitz stated when he first received a complaint about the pumping of water from the well, the pumping was diverted elsewhere. Councilmember Jacobson stated there may be a benefit to having an outside company do the survey. Mayor Gamache stated once the cause of the issue is determined, a decision can be made as to a longer term solution and how it would be funded. Councilmember Jacobson asked if we can determine the level of the groundwater. Mr. Dickinson stated it is likely high. Mr. Berkowitz stated he contacted Mosquito Control and requested treatment be done. Mr. Berkowitz stated he was not aware there was an algae problem. Staff was directed to proceed with the outside consultant survey. (South Coon Creek Drive) — Councilmember Jacobson requested South Coon Creek Drive be discussed at a work session. Mr. Berkowitz stated it will come to Council by end of summer — early fall. (Town Hall Meeting) - Councilmember Trude stated there was a Town Hall meeting held here last evening hosted by a State Senator and State Representative. She stated attendance was good. Motion by Jacobson, Seconded by Knight, to recess the meeting to a closed session to discuss the Pitman Assessment Appeal. Motion carried unanimously. The regular meeting recessed at 8:35 p.m. to go into a closed session. The regular meeting reconvened at 8:50 p.m, from the closed session. Motion by Jacobson, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 9:00 p.m. Respectfully submitted, Debbie Wolfe, Recording Secretary -o 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 lure ANDOVER CITY COUNCIL WORKSHOP MEETING —JUNE 28, 2011 MINUTES The Workshop Meeting of the Andover City Council was called to order by Acting Mayor Julie Trude, June 28, 2011, 6:00 p.m., at the Andover City„H41l,'A685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Mike Gamache (arriV6d:at 6:07 p.m.) Don Jacobson, and Mike Knight Councilmember absent: None Open Space Advisory present: Gretchen Sabel, Jim Olson, Bruce Perry Also present: 22 23 24 25 26 27 Acting Mayor. Trude tiLl 2 9 RESILIENT FORUM 30 .... , Jim Dickinson Works /City Engineer, Dave Berkowitz pment Director, David Carlberg City Planner; Courtney Bednarz Colleen Kaufedberg, , Park & Recreation Commission Chair, Ted Butler Others the meeting over to Mayon Gamache when he arrived at 6:07 p.m. 31 Gordon Pietsch, 2228 149`x' Avenue NW, indicated he wanted to talk about the 149' Avenue NW 32 water issue. He" stated when he looked at his lot there was no indication there was a wetland and 33 when walking back on.the lot, there was a culvert. He stated he had spoken with the builder and 34 was informed it was a wetland: , The spring of 1999 was the first time he saw water in the area, 35 but it evaporated within a day: In September 2005, water flowed into the wetland easement, but 36 it evaporated 3 -5 days. He stated in March of this year when the City began pumping water into 37 the stormwater management system, he again noticed water. Mr. Pietsch noted soil is starting to 38 sink in certain areas on the northern area and he believed there was peat in this area. He stated 39 there are trees dying in that area. Mr. Pietsch stated he was not here to get answers, but to ask 40 questions. He passed out a handout with the questions he would like answered to see what could 41 be done to minimize the impacts in the future. He asked for a copy of the survey once prepared 42 and indicated he wanted to solve the problem, not point fingers. 43 4 Councilmember Jacobson requested that the questions be made a part of the permanent record. 5 4 —a1- s Regular Andover City Council Meeting Minutes —July 6, 2011 Page 2 1 responded the City received calls when the storm was located south, close to Menards, on the edge of 2 Coon Rapids, the sirens did go off. He commented that Central Communications does not want the 3 sirens to go off too often. The sirens do go off in particular cities to provide notification where it is 4 necessary and that is determined by the Emergency Management through Anoka County. 5 6 Mr. Abbott asked about his area. Mr. Dickinson responded by the time the storm went through, the 7 City was able to watch from the Mn/DOT traffic cameras on live TV. 8 9 Councilmember Knight commented the sirens went off in his area and the sun was shining. Mr. 10 Dickinson stated that the sirens went off, but the storm liarely touched the southern border of 11 Andover. 12 13 Acting Mayor Trude stated each of us has the responsibility to be aware of the weather conditions. 14 The City relies on the National Weather Service to alert us on weather conditions. 15 16 Mr. Abbott stated the storm was already gone when it was reported on the TV and the storm was 17 close to his house. Mr. Dickinson commented the sirens are for people who are outdoors. Mr. 18 Abbott felt the weather authorities do not know where Andover is and they do not care. Acting 19 Mayor Trude thanked Mr. Abbott for his comments and concern. 2 21 Ms. Colleen Kaufenberg. 2244149`' Avenue NW, stated that due to the water accumulating on her 22 property on 149"' Avenue, their pool has collapsed.- She was advised by the City to file a claim with 23 the League of Minnesota Cities which is now pending. A survey was ordered to address questions 24 on what is happening now and what will happen in the future. Ms. Kaufenberg understands the City 25 received the survey last Friday. She stated she attended a workshop last week and it was her 26 understanding front the .workshop that the survey would be reviewed tonight; however, it is not on 27 the agenda. Ms. Kaufenberg asked why the survey is not on the agenda tonight and what is the 28 City's plan for discussing the survey. 29 30 Mr. Dickinson responded the survey was received after noon on Friday and the Council's packet had 31 already been published and distributed. The Council's packet deadline is noon on Thursday. The 32 City received the survey on Friday, but the staff did not have an opportunity to review the survey and 33 provide comments to the Council. He indicated that staff advised the Council to review the survey in 34 a closed session and bring the'survey results to the July 19, 2011 meeting. 35 36 Acting Mayor Trude asked if the survey results will be shared with Ms. Kaufenberg and the others, 37 and discussed at the July 19 meeting. Mr. Dickinson responded that staff did not have an 38 opportunity to review the survey because it was received late. The survey was shared with all 39 involved including Ms. Kaufenberg. 40 41 Acting Mayor Trude asked Ms. Kaufenberg if she received a copy of the survey. Ms. Kaufenberg 42 confirmed she received a copy of the survey and asked the Council if the survey will be discussed 43 openly at the July 19 meeting. She asked for confirmation that it will be on the agenda. Mr. 9 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 On a�3 Regular Andover City Council Meeting Minutes — July 6, 2011 Page 3 Dickinson responded the survey will be an agenda item for public discussion at the July 19 meeting. Ms. Kaufenberg asked why the survey will be discussed privately and not openly tonight. Mr. Baumgartner responded that the closed session tonight was to discuss the property damage claim. The claim and the survey go hand -in -hand and the City cannot separate the two items because one discussion will lead into the other. The claim has to be discussed in a closed session and if the survey has to be a part of that discussion, it will have to be discussed in the closed session. Mr. Baumgartner explained that in a closed session discussion where property damage will be discussed, a view of the survey may be necessary to further the discussion ,It does not mean the survey will not be an agenda item and as the Council indicated, it will be. the first time for the Council to see the survey. Mr. Baumgartner noted it is difficult to draw a separation; between what has to be inclosed session and what role the survey will play in the closed session. Mr. Dickinson stated the survey has been made available and what the City,, will do with the survey after analyzing it and looking at options is for the Council to decide the next step.,, The City does not discuss details on threatened litigation on any claim against the City at open meetings. Acting Mayor Trude commented that whatever is discussed in the closed session tonight will not be shared. When the Council meets again the. survey results will be discussed and staff will provide comments to the Council for the July 19 meeting. Mr: Dickinson confirmed that staff will provide a report to the Council at the July 19 meeting:: Acting Mayor Trude asked if information will : e& shared with Ms. Kaufenberg before the July 19 meeting. Mr. Dickinson responded that staff will provide a staff report to the Council for the July 19 meeting, that:report will be shared with Ms. Kaufenberg. However, details pertaining to the claim will not 6e disclosed =under the prevue of attorney - client privilege. Councilmember Jacobson asked if actual active litigation is set prior to the July 19 meeting then information could not be shared at the July 19 meeting. Mr. Baumgartner responded the City will work towards resolution under th6potential threat of litigation and operate under the guidelines with information that can.be shared. Acting Mayor Trude commented she is frustrated that information cannot be shared due to the restraints placed upon the Council. Ms. Kaufenberg asked when will the remaining questions from Mr. Pietsch be answered. Mr. Berkowitz stated that he met with Mr. Pietsch yesterday and reviewed the survey with him. Some of Mr. Pietsch's questions have been answered, others will be answered at the July 19 meeting. Acting Mayor Trude confirmed that answers to Mr. Pietsch's questions will be available at the July 19 meeting. Mr. Dickinson commented that if Ms. Kaufenberg is looking for a detailed analysis it has been delayed due to the holiday and the City's first priority are current projects. Ms. Kaufenberg stated she is looking for a reasonable time to expect answers. Mr. Berkowitz responded the July 19 meeting is reasonable timing. Acting Mayor Trude stated that some questions may be easier to answer and may be available sooner. -�3- 1u\L -;W3 Regular Andover City Council Meeting Minutes —July 6, 2011 Page 4 1 2 Mr. Gordon Pietsch, 2228 149th Avenue NW, asked the Council to have all information available at 3 the July 19 meeting including the survey and the answers to all questions. He is also seeking copies 4 of the original platting survey to be included in the information. Mr. Pietsch stressed it is important 5 that all information is available for consideration to understand what the issues are and options to 6 resolve the issues. Also, there is still a well that needs to be pumped out in the future. The question 7 is where will the water be pumped and how to resolve the issue moving forward. 8 9 Acting Mayor Trude clarified that Mr. Pietsch is seeking a copy of the previous plat survey map 10 submitted by Woodland Development. Mr. Pietsch confirmed he is seeking the survey by Woodland 11 Development submitted during the time of platting. Mr. Berkowitz confirmed the Woodland survey 12 shows the drainage plan as part of the Woodland Estates Development. Mr. Pietsch stated both 13 surveys will be important to have for the July 19. ineefing. Acting Mayor Trude asked Mr. Berkowitz L make photocopies for the July 19 meeting. Mr. Pietsch stated he studied the previous survey sterday. Acting Mayor Trude thanked Mr. Pietsch and stated she appreciates his patience 18 AGENDA APPROVAL 19 20 Acting Mayor Trude not 21 22 Revised Resolution to "C 23 Flintwood Street NW an 24 — Engineering. following Agenda -24, 25 26 Add Discussion Item 9a. Considi 27 and Title 1, Chapter 7 -3, Permit Approve Plans & Specs/Order Advertisement for Bids /11 -2a, mut Street NW, 173d Avenue NW and Flintwood StreetNW le 9, Chapter 14/Electrical Code Provisions and Penalties - Planning. 28 29 Add Closed Session. Attorney -Client Privilege Pursuant to Minn. Statute 13D.05 subd. 3b to Discuss 30 Threatened Litigation 31 1. Property Damage Claim — 2244 149th Avenue NW. 32 2. Termination of Employment — Krattenmaker. 33 34 Motion by Jacobson, Seconded by Bukkila, to approve the Agenda as amended above. Motion 35 carried unanimously. 36 37 38 APPROVAL OFMINUTES 39 40 June 21, 2011, Regular Meeting. 41 42 Acting Mayor Trude requested the following corrections: 43 a4 ffil� q6 LNDOVE^ n 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator %�_Z� David D. Berkowitz, Director of Public /City Engineer FROM: Todd J. Haas, Assistant Public Works Diriet-toO SUBJECT: Schedule Joint Meeting with Park & Recreation Commission — Engineering DATE: July 19, 2011 INTRODUCTION This item is in regards to scheduling a joint meeting with the Park and Recreation Commission. DISCUSSION Potential dates for the joint meeting could be as follows: • Tuesday, August 23rd at 6 pm (Council workshop has already been scheduled for this day) • Tuesday, August 30th at 6 pm or 7 pm • Tuesday, September 13t1i • Tuesday, September 27th Note: The Park Commission is schedule to have meetings on Thursday, August 18th and Thursday, September l' if the City Council is interested in having the joint meeting on one of those dates. Meeting could start at 6 pm. The Commission would then hold their regular meeting following the joint meeting. The items that are planned to be discussed at the meeting are as follows: • Park Comprehensive Plan/Future Improvements to the Park System • Discuss Proposed 2012 -2016 Park Capital Improvement Plan • Update regarding interest of artificial turf at one of the parks /facilities • Discuss use of Free Skating Rinks The meeting between the Council and the Commission would be probably between 1.5 and 2 hours long. ACTION REQUIRED The City Council is requested to schedule a joint meeting with the Park and Recreation Commission. Respectfully submitted, TftJH Cc : Ted Butler, Park Commission Chair (copy sent by e -mail) 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 Joint Meeting with City of Anoka DATE: July 19, 2011 INTRODUCTION w5• The Council is requested to schedule a Joint Meeting with the City of Anoka to discuss topics of mutual concern. DISCUSSION Potential agenda items for a Joint Meeting with the City of Anoka have been identified as follows: 1. Community Updates 2. Bunker Lake Boulevard/7`" Avenue Discussion 3. Shared Border Concerns — See attached City of Anoka Resolution 4. City Collaboration Opportunities 5. Other Topics Other items may be added upon Council request. ACTION REQUIRED Schedule a Joint Meeting with the City of Anoka, suggested dates are Monday September 12a' or October 10`h at 6:00 p.m., or another date and time acceptable to the Council. REAL. AN CLASSIC. 2015 First Avenue, Anoka, MN 55303 Phone: (763) 576 -2700 Website: www.ci.anoka.nm.us July 7, 2011 Jim Dickinson 1685 Crosstown Blvd NW Andover MN 55304 Enclosed please find a copy of a resolution adopted by the Anoka City Council at their meeting on Tuesday, July 5, 2011, relating to the proposed land use north of 41s` Avenue. If you have questions relating to the resolution, please contact our Public Services Director, Greg Lee at 763 - 576 -2781. Sincerely, Amy O ers City Clerk r REAL CLASSIC. 2015 First Avenue, Anoka, MN 55303 Phone: (763) 576 -2700 Website: www.ci.anoka.mn.us CITY OF ANOKA, MINNESOTA RESOLUTION RES- 2011 -48 MEMORIALIZING THE CITY'S POSITION REGARDING THE PLANNED LAND USE NORTH OF 41ST AVENUE IN ANDOVER AND ACCESS FROM THIS AREA TO THE EXISTING LOCAL STREET SYSTEM IN ANOKA WHEREAS, Anoka County applied for and received Federal Funds under the Surface Transportation Program (STP) for the expansion of County Road 116 (Bunker Lake Boulevard); from County Road 7 (7th Avenue) to 38th Avenue; and WHEREAS, the cities of Anoka and Andover initiated a traffic study to demonstrate the need for accesses onto the County system and to determine where and what type of accesses they should be; and WHEREAS, the land located north of 41St Avenue and south of County Road 116 (Bunker Lake Boulevard) within the City of Andover is currently zoned high density residential allowing up to 14.4 units per acre; and WHEREAS, based on the draft traffic study and current zoning, the intersection of 9th Avenue with Bunker Lake Boulevard (CSAH 116) and the possible connection to 41 St Avenue will have impacts on the local street system and neighborhood to the south of 41St Avenue; and WHEREAS, property owners south of 41St Avenue have expressed concerns related to impacts planned development north of 41 St Avenue may have on their property and neighborhood. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anoka, Anoka County, Minnesota as follows: The City of Anoka hereby supports all efforts by the City of Andover to secure a future intersection access at 9d' Avenue /43`d Avenue with County State Aid Highway 116. 2. The City of Anoka hereby requests that the City of Andover consider other land use options and municipal boundary options for the undeveloped property located in the southeast quadrant of the CSAH 116 / CSAH 7 intersection. T 3. Based on the current land uses for the undeveloped property located in the southeast quadrant of the CSAH 116 / CSAH 7 intersection, and the negative impacts it creates for property lying within the Anoka municipal boundaries, the City of Anoka will not permit a travelway connection to 41s` Avenue, nor extend utilities to serve said property. Adopted this by the Anoka City Council this the 5`" day of July, 2011. ATTEST: Amy T. O rs, City Clerk — 1�0 Phil Ri yor L C I T Y 0 F ' 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report July 19, 2011 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. Legislative Updates 3. Update on Development/CIP Projects 4. Meeting reminders /Community Events 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. DATE July 19, 2011 ITEMS GIVEN TO THE CITY COUNCIL • June 2011 Monthly Building Report PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR- PUT THEM ON THE NEXT AGENDA. THANK YOU. GASTAFRRHONDAAIAGENMCC LIST.doc CITY OF ANDO VER TO: Mayor and City Council FROM: Don Olson JUNE I BUILDING PERMITS Permit /Plan Tax Total Valuation 5 Residential $ 15,692.09 $ 655.50 $ 16,347.59 $ 1,311,000.00 Single Family 3 $8,328.63 334.50 8,663.13 669,000.00 Septic 2 7,363.46 321.00 7,684.46 642,000.00 I Townhome - - - - Additions - Garages - - 3 BasN shes 300.00 15.00 315.00 I Couilding 252.65 7.55 260.20 15,100.00 - Polrns - - 2 She139.90 2.05 141.95 4,100.00 4 Swiols 866.12 15.00 981.12 30,000.00 Chie /Fireplace - - - 8 Stmnges 486.53 7.68 494.21 13,781.63 1 Por220.52 3.30 223.82 6,600.00 25 Decks 2,323.10 31.05 2,354.15 62,100.00 Gazebos 1 Repair Fire Damage 137.85 3.45 141.30 6,894.00 13 Re -Roof 975.00 65.00 1,040.00 8 Siding 600.00 40.00 640.00 - Other I Commercial Plumbing 44.85 0.60 45.45 1,200.00 1 Commercial Heating 137.85 3.43 141.28 6,855.00 1 Commercial Fire Spri nkler 74.25 1.80 76.05 3,600.00 - Commercial Utilities - - - - Commercial Grading - - - - 74 Total Building Permits $ 22,250.71 $ 851.41 $ 23,102.12 $ 1,461,230.63 PERMITS PermidPlan Tax Total Fees Collected 74 Building Permits 22,250.71 851.41 23,102.12 1,461,230.63 - AS Building - - - - Curb Cut - - - - Demolition - - - I Fire Permits 184.31 - 184.31 $ 14,745.00 - Footing - - - - Renewal - - - - Moving - - - 41 Heating 3,210.00 205.00 3,415.00 4 Gas Fireplaces 300.00 20.00 320.00 36 Phunbmg 2,420.00 180.00 2,600.00 43 Pumping 645.00 645.00 2 Septic New 175.00 175.00 10 Septic Repair 800.00 800.00 3 Sewer Hook -Up 75.00 75.00 3 Water Meter 150.00 - 150.00 1 Sewer Change Over/Repair 50.00 5.00 55.00 Water Change Over - 3 Sac Retainage Fee 66.90 - 66.90 3 Sewer Admin. Fee 45.00 - 45.00 5 Certificate of Occupancy 50.00 - 50.00 5 License Verification Fee 20.00 - 20.00 Reinspection Fee - - - 20 Contractor License 1,000.00 - 1,000.00 53 Rental License - Single 2,650.00 - 2,650.00 36 Rental License - Multi 2,700.00 - 2,700.00 343 TOTALS $ 36,791.92 $ 1,261.41 $ 38,053.33 $ 1,475,975.63 Total Number of Homes YTD 2011,11 25 Total Num her of Homes YTD M2 41 Total Valuation YTIJI 1 2011 $ 6,553,866.63 Total Valuation YTD 2010 $ 9,449,407.81 Total Building Department Revenue YTD 291 $ 153,621.04 !Total Building Department Revenue YTD 2010 $ 179,666.14 ND OVE: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for July 19, 2011 City Council Meeting DATE: July 19, 2011 The City Council is requested to receive the following supplemental information. Discussion Items Item #7. Anoka County Sheriff's Office Monthly Report (Supplemental) — Sheriff 0 CITY OF ANDOVER — JUNE 2011 ITEM JUNE MAY YTD 2011 NNE YTD 2010 Radio Calls 1,079 837 4,793 4,840 Incident Reports 859 827 4,129 4,832 Burglaries 8 5 34 36 Thefts 79 43 270 274 Crim.Sex Cond. 2 1 10 9 Assault 3 2 14 40 Dam to Prop. 22 9 79 118 Harr. Comm. 13 8 57 74 Felony Arrests 3 4 40 17 Gross Mis. 1 0 8 7 Misd. Arrests 38 40 148 248 DUI Arrests 3 17 58 65 Domestic Arr. 3 4 24 36 Warrant Arr. 5 6 41 57 Traffic Arr. 168 236 1,016 1,197 DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 00:27 00:46 05:02 CITY OF ANDOVER — JUNE 2011 COMMUNITY SERVICE OFFICER REPORT ITEM JUNE MAY YTD 2011 JUNE YTD 2010 Radio Calls 116 136 630 627 Incident Reports 116 134 648 638 Accident Assist 4 3 31 22 Veh. Lock Out 25 30 164 125 Extra Patrol 120 201 1,097 1,223 House Check 1 0 74 5 Bus. Check 1 5 28 34 Animal Compl. 50 57 243 211 Traffic Assist 16 13 66 66 Aids: Agency 118 119 889 844 Aids: Public 27 34 177 185 Paper Service 12 0 12 18 Inspections 0 0 0 0 Ordinance Viol. 2 10 20 19