HomeMy WebLinkAboutCC February 1, 2005
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1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW,C1.ANDOVER,MN_US
Regular City Council Meeting - Tuesday, February 1, 2005
Call to Order - Following EDA Meeting Scheduled at 6:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (1/18/05 Regular; 1/18/05 Executive Session; 1/24/05 Special Joint CC/Park &
Rec. Comm.)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Joint Powers Agreement/Order Improvement/Order Plans & Specs/05-4/Joint 2005 Seal Coating
Program - Engineering
4. Approve Resolution Accepting Donation from Bauerly Bros., Inc. & MDU Resources Foundation/03-
I/Prairie Knoll Park - Engineering
5. Consider 2005 Grant Application Round/05-5 - Engineering
U 6. Accept Petition/Order Feasibility Report/05-9/Kimberly Oaks/St. S. & Str. - Engineering
7_ Declare Cost/Order Assessment Rol1/03-35/Bunker Lake Village - Engineering
8. Order Plans & Specs/03-1A1Prairie Knoll Park Lighting - Engineering
9. Approve Exempt PennitlMinnesota Deer Hunters Assoc. -Clerk
10_ Approve Contract - Bulk Vending - Community Center
11. Consider DNR Remediation Restoration Grant - Engineering
12. Approve Appointment! Associate Planner - Human Resources
13. Approve Administrative Modification to TIF District 1-4 - Finance
Discussion Items
14. Consider Conditional Use Pennit AmendmentlPennitted Uses Lot 1, Block 2, Grey Oaks, Continued-
Planning
15. Fire Department Presentation/Grant Money - Fire
16. Schedule Public Hearing/Issuance of Capital Improvement Bonds - Finance
17_ Authorize Finance Department's 2005 CIP Purchase - Finance
Staff Item
18. Schedule EDA Meeting - Administration - Administration
19_ Schedule Special City Council Workshop-Miscellaneous Business Items - Administration
20. Administrator Report - Administration
Mayor/Council Input
Adjournment
Executive Session: City Administrator Review
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1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrat~ U
FROM: Vicki Volk, City Clerk
SUBJECT: Approval of Minutes
DATE: February 1,2005
INTRODUCTION
The following minutes were provided by TimeSaver Secretarial Service for approval by
the City Council:
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January 18, 2005 Regular Meeting (Knight absent)
January 18, 2005 Executive Session (Knight absent)
January 24, 2005 City CouncilJPark Commission Meeting
DISCUSSION
Copies of the minutes have been emailed to Mayor Gamache and Councilmembers Ortte1
and Jacobson. Hard copies have been provided to Councilmembers Knight and Trude.
ACTION REOUIRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
Ulctc ua
Vicki V olk cpt..-
"~ City Clerk
(i)
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\._J 1685 CROSSTOWN BOULEVARD N_W, . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW_CLANDOVER,MN_US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator / Finance Director
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Payment of Claims
DATE: February 1,2005
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $114,318.28 on disbursement edit lists #1 - #2 from 01/19/05 to 01/25/05 have been issued
and released.
U Claims totaling $1,291,885.33 on disbursement edit list #3 dated 02/01/05 will be issued and released upon
approval.
BUDGET IMPACT
The edit lists consist of routine payments with expenses being charged to various department budgets and
proj ects.
ACTION REQUIRED
The Andover City Council is requested to approve total claims in the amount of $1,406,203.61. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
~ ?5...1':.L
Lee Brezinka
Attaclunents: . Edit Lists
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1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and Council Members
CC: Ihn DiOO""'n, City Admini'~
FROM: David D. Berkowitz, City Engineer
SUBJECT: Approve Joint Powers Agreement/Order Improvement/Order Plans &
SpecsOS-4/200S Seal Coating Program - Engineering
DATE: February I, 2005
INTRODUCTION
This item is in regards to approving the Joint Powers Agreement between the City of Andover
0 and the City of Coon Rapids, ordering the improvement and direct preparation of plans and
specifications for the 2005 Seal Coating Program, Project 05-4.
DISCUSSION
Last year the joint seal coat program that was coordinated by the City of Coon Rapids went well.
The Joint Powers Agreement with the City of Coon Rapids is attached for your review. This
Joint Powers Agreement is perpetual and includes an option to terminate participation before
February I st of any year.
BUDGET IMP ACT
The 2005 Seal Coat project has been identified in the City's Capital Improvement Plan. The
funding for this work will be from the Road & Bridge Fund and Developer Seal Coating Fund.
ACTION REQUIRED
The City Council is requested to approve the Joint Powers Agreement with the City of Coon
Rapids and approve the resolution ordering improvement and directing preparation of plans and
specifications for the 2005 Seal Coating Program, Project 05-4.
Respectfully submitted,
~.~
,J David D. Berkowitz
Attachments: Resolu~n, Joint Powers Agre~ent & Project Loca~n Map
\
, .J
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 05-4
FOR THE 2005 SEAL COATING IMPROVEMENTS.
WHEREAS, the City Council is cognizant of the need for the seal coating
improvements; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of 2005 Seal Coatinq Improvements, Project 05-4; and
~-) BE IT FURTHER RESOLVED by the City Council to hereby direct the City of
Coon Rapids to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 151 day of Februarv , 2005 , with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
,)
( , JOINT POWERS AGREEMENT
-0
TRAFFIC MARKINGS, STREET SWEEPING
CRACK SEALING, SCREENING & SEAL COATING
This Joint Powers Agreement ("Agreement") is by and between the cities of Coon
Rapids, Andover, Brooklyn Center, Columbia Heights and Fridley (hereinafter individually the
"City" and collectively the "Cities").
WHEREAS, the Cities have a common need to maintain their streets;
WHEREAS, the Cities have recognized that there is a financial benefit that will be
realized should they combine together for bidding purposes in search of one common contractor;
WHEREAS, Minn. Stat. ~ 471.59 provides for the joint exercise of common or similar
powers by governmental units and also provides that anyone governmental unit may perform on
0 behalf of another governmental unit any service or function which that unit would be authorized
to perform for itself;
NOW, THEREFORE, by virtue of the powers granted by law and in consideration of the
mutual covenants and agreements of the parties hereto, it is agreed as follows:
1. Purpose. The Cities agree that they have joined together for the purpose of obtaining
a common contractor for certain street maintenance activities and with the expectation that the
cost to each individual city would be less as a result of this Agreement.
2. Method. Subject to the provisions of this Agreement, Coon Rapids shall prepare any
plans, specifications, bid proposals and advertise for bids for the placement of street traffic
markings, street sweeping, crack sealing, screening and seal coating services. Shortly after the
execution of this Agreement, Coon Rapids will provide each City with a bid form for the various
~ street maintenance services. Within twenty (20) days after receipt of the bid form, each City
U shall provide to Coon Rapids their estimated quantities for the various street maintenance
services anticipated during the summer construction season. A City that fails to return the bid
form within twenty (20) days may be, at Coon Rapids' discretion, excluded from the bidding
process.
3. Bid and Award. After receiving the bid quantities from each participating City,
Coon Rapids shall prepare final plans and specifications and advertise for bids in accordance
with state law. Coon Rapids shall tabulate the bids upon their receipt and make a
recommendation of award to the Cities. The Cities shall have twenty (20) days after receipt of
the recommendation of award to provide Coon Rapids with written approval or rejection of Coon
Rapids' recommendation of award. Cities that reject or fail to respond to Coon Rapids'
recommendation shall be excluded from the bid award. After receiving the approvals described
0 herein, Coon Rapids shall award the street maintenance contracts pursuant to state law.
4. Opting Out. The parties hereto recognize that municipal funding sources and
spending priorities may change throughout the bidding and award process. In recognition
thereof, within sixty (60) days after a bid has been awarded, a City may opt out of any individual
bid award and contract by providing written notice to the Director of Public Works, City of Coon
Rapids, 11155 Robinson Drive, Coon Rapids, Minnesota 55433.
5. Responsibilities. Each City shall be responsible for:
Preparing maps showing the proposed locations for these services located within
their City including estimating the quantities.
Preparing the streets for markings in accordance with the specifications and
coordinating with the contractors as to the timing of the actual work.
.- ."
\.J
2
r ) Inspecting the contractors' work, measuring the quantities of work performed,
I
, - approving and certifying the progress or final payments to contractors.
Within ninety (90) days of written notification of a contract award, paying a
percentage of each City's actual construction cost to Coon Rapids for legal and
administrative costs on a sliding scale basis as follows:
First $0 - $50,000 2.0%
$50,001 to $100,000 1.5%
Over $100,000 1.0%
6. Payments. In accordance with the specifications, each contractor will submit a
separate itemized invoice to each City for the work performed in that City. Each City shall pay
invoiced amounts directly to the contractors and shall hold harmless Coon Rapids from any
amounts owed.
(.J 7. Indemnification. The parties mutually agree to indemnify and hold each other
harmless from all claims, demands, and causes of action of any kind of character, including the
cost of defense thereof, resulting from the acts or omissions of their respective councilmembers,
officers, officials, agents and employees relating to activities conducted under this Agreement.
8. Termination. Any party hereto may terminate its participation in this Agreement
by adopting a resolution to that effect prior to February 1st of any year and transmitting a copy
of that resolution to each of the remaining cities. In lieu of termination, a city may choose not to
participate in all or a portion of the program in any year by not responding to any of the deadlines
set forth in this Agreement or by opting out as provided in Section 4 herein.
9. Strict Accountability. A strict accounting shall be made of all funds, and reports
of all receipts and disbursements shall be made upon request by any party hereto.
.' ."
,--)
3
C) 10. Representations. Each ofthe Cities represent that its governing body has duly
authorized the execution and delivery hereof, and that upon such execution and delivery, this
Agreement will be binding as against such party.
11. Miscellaneous. This Agreement constitutes the entire agreement of the parties on
the matter related hereto. This Agreement shall not be altered or amended, except by agreement
in writing signed by the parties hereto. If any provision of this Agreement shall be held invalid,
illegal, or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision hereof, and the remaining provisions shall not in any
way be affected or impaired thereby. This Agreement may be simultaneously executed in several
counter partes, each of which shall be an original and all of which shall constitute but one and the
same instrument. This Agreement shall be construed in accordance with the laws ofthe State of
() Minnesota.
12. No Joint Venture. This Agreement is entered into for the purpose of joint
solicitation of bids and not for a joint undertaking of street maintenance projects. Street projects
are not joint ventures of the parties and no City is liable or responsible for any claims for
damages arising out of any such projects in another City.
[Signatures onfollowingpageJ
" -"
V
4
, " IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the
C_J
duly authorized officers of their respective governing bodies as of the day of February,
2005.
CITY OF COON RAPIDS CITY OF ANDOVER
By: By:
Tim Howe, Mayor Mayor
By: By:
Gerald G. Splinter, City Manager City Clerk
CITY OF BROOKLYN CENTER CITY OF COLUMBIA HEIGHTS
() By: By:
Mayor Mayor
By: By:
City Manager City Manager
CITY OF FRIDLEY
By:
Mayor
By:
City Manager
/ "
'0
5
(. ~bVE~ 2005 Sealcoat Projects
,
~ City of Andover, Minnesota Zone 2
Incorporated 1974
H:mil II I II.
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LEGEND ,. Rr
@ ROW Sealcoat Zones N Location Map
o ,""/Pa_ g; .~. r'~~~:;'K,~
o Water Features .... T,j ~~ ~ tL
N <ED 3 f;Lu;1-- "
, '\ City Limits I;~ ' ,
. 04 7503750750 P
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-
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GROW Sealcoat Zones Location Map
N
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o Water Features 0 2 {~ " ""Ff" [:Ef ~ "
0 3 s In ' J.j- ,tL
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, ~ ~ ~~\LL-
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( . , 'A.NDbVE~ 2005 Sealcoat Projects
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Incorporated 1974
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LEG END ' . . ~Ft h
ED ROW Sealcoat Zones N Location Map
o Lots/Parcels 0 1 w~t r"'~~Jfm ~ St -r'-,~
o Water Features (:=::>..... 2 T fr " -1$ ~ ~ tL
, <@ 3 \;'~ 'R~~
N City Limits ~"= d>-' ~
\ ) ':=::>. 4 750 375 0 750 i\~') II 11 I:T
, N Seal coat ~ Feel ~ ::~ hf;-:
'C;) 5 q~ --'~ "'
(~ '}~./ ': - rDJ
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,I, 't\NDbVE~ 2005 Sealcoat Projects
, )
-f City of Andover, Minnesota Crown Point East 2nd Add, Shadowbrook 2nd Add
I Incorporated 1974 . .
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LEGEND
GROW SealcoatZones N Location Map
o Lots I Parcels 0 1 w+, ,."..~ ~ !fh-. -"~ tJ w"w- L
~ 0 2 Cl-\ ,,- ~ ~ ~ I ''--, ~
'---/ Water Features .'. . C : tt:fl':Iii t!
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CJ
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW,CLANDOVER,MN,US
TO: Mayor and Council Members
CC: Jim Dickll=n, City Admini'trato~
FROM: David D. Berkowitz, City Engineer
SUBJECT: Approve Resolution Accepting Donation from Bauerly Bros., Inc. & MDU
Resources Foundation/03-1/Prairie Knoll Park - Engineering
DATE: February 1, 2005
INTRODUCTION
This item is in regard to approving a resolution for a donation made to the City of Andover
toward the development of Prairie Knoll Park, Project 03-1.
,...."
I .
'-) DISCUSSION
The $2,500.00 donation is being presented to the City through the Bauerly Brothers' Partners for
Parks program. The Partners for Parks is an initiative at Bauerly to enhance parks and other
public areas in the communities where their employees live and work.
Bauerly Bros., Inc. has been involved in the community for several years and we are greatly
appreciative for their donation.
This donation will go toward the completion of the playground area at Prairie Knoll Park.
ACTION REQUIRED
The City Council is requested to approve the resolution accepting the donation from Bauerly
Bros., Inc. & MDU Resources Foundation in the amounts of $2,500.00 for the development of
Prairie Knoll Park, Project 03-1.
Respectfully submitted,
(/)~O~~
David D. Berkowitz '---.J
, "- ./ -/
l )
'--' Attachments: Resolution & Letter from Bauerly Bros., Inc.
cc: Gerald Bauerly & A. Jake Bauerly, Bauerly Bros., Inc., 4787 Shadow Wood Dr. NE
Sauk Rapids, MN 55379
Jim Lindahl, Park & Rec Recreation Commission Chair
~~
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING A DONATION MADE TO THE CITY OF ANDOVER
TOWARD THE DEVELOPMENT OF PROJECT NO. 03-1 ,PRAIRIE KNOLL PARK.
WHEREAS, any donations that are to be made to the City of Andover must be
accepted by the City Council; and
WHEREAS, the $2,500.00 cash donation from Bauerly Bros., Inc. & MDU
Resources Foundation is for the development of Prairie Knoll Park, Project 03-1..
NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the
donation, which is to be used towards the development of Prairie Knoll Park.
. , "
'0 MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 1 sl day of Februarv , 2005 , with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
r '1
,
"J
OD~I
-
(J
A Subsidiary of Knife River Corporation
January 11, 2005
Dave Berkowitz
City of Andover
1685 Crosstown Blvd_ NW
Andover, MN 55304
Dear Mr, Berkowitz,
Bauerly Bros., Inc_ and MDU Resources Foundation are pleased to present the enclosed
check to the City of Andover for your Prairie Knoll Park renovation project This $2500 is
donated to you through Bauerly Brothers' Partners for Parks program, Partners for Parks
is an initiative at Bauerly to enhance parks and other public areas in the communities
where our employees live and work, If you have any pictures of the completed project or
-- \ work in progress that you could share with us, they would be most appreciated, Thank
I,~) you for considering us as your partner in "Building Better Communities"_
Sincerely,
;4 " ge i-14&au..hll
A. Ja e Bauerly .
COO
Bauerly Bros, Inc.
Enclosure
, 'i
\-./
- An Equal Opportunity Employer-
4787 SHADOW WOOD DR, NE . SA UK RAPIDS, MN 56379-9690
320,251.9472 . FAX 320,251,0011
@
u C I T y 0 F
NDOVE
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW_CI.ANDOVER,MN_US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrat~
David D. Berkowitz, City Engineer :D
FROM: Todd Haas, Asst. City Engineer/Parks Coordinator
SUBJECT: Consider 2005 Grant Application Roundl05-5 - Engineering
DATE: February I, 2005
INTRODUCTION
This item is in regards to considering DNR grant programs available for 2005 application round.
" "-
U DISCUSSION
As most of the City Council is aware, it is that time of year to consider if the City Council would
consider applying for any of the grant programs that may be available subject to funding by the 2005
legislature. If the Council recalls, last year (2004) Outdoor Recreation Grants that were applied for were
the Fishing Pier Grant Program and the 2004 Water Resources Cooperative Acquisition and
Development. As far as the Water Resource Cooperative Acquisition and Development Program for
Crooked Lake Boat Landing, attached is a letter dated November 23, 2004 indicating the MN DNR will
be scheduled for review for funding in 2006/2007. So therefore, it will not be necessary to send in an
application. The Fishing Pier Grant Program application was not approved in 2004 by the DNR,
therefore it will be necessary to reapply for 2005. If the Council recalls, the fishing pier is also proposed
at Crooked Lake Boat Landing.
The Park Commission has reviewed both of the grant programs and recommends to continue moving
forward on both of these improvements.
Note: If the City Council recalls, the City has made several applications for different parks and has not
been successful on any of them during the past few years due to the competition of other agencies
that have also applied for the grants.
ACTION REOUESTED
The City Council is requested to approve moving forward with both of the improvements.
Respectfully submitted,
U W~ ~
Attachments: Letter from MN DNR
"'(.;. n.r F- '7 F-~'- Ctl m;'I1/$..5IoI'J
oLf~
MINNESOTA DEPARTMENT of NA TURAL RESOURCES
Area 3B Trails & Waterways
1200 Warner Road, St. Paul, MN 55106.
Office (651) 772-7937; Fax (651) 772-7977
November 23, 2004 RECEIVED
.292004
City of Andover J
Attn: Kameron Kytonen CITY OF ANDOVER I
I
1685 Crosstown Blvd NW .
Andover, MN 55304
SUBJECT: Crooked Lake Public Boat Launch in City of Andover
This letter is in response to a request for assistance to Minnesota Department of Natural Resource's
(DNR) Water Recreation Cooperative Acquisition and Development Program from the City of
Andover for improving the parking lot and boat ramp at the north end of Crooked Lake. The DNR
recognizes that the state has an interest and an obligation in cooperating with the City of Andover on
the rehabilitation of the public boat launch located on Crooked Lake. It appears that the state owns a
portion of the property managed by the city as a public boat launch and park area.
o Requests for the DNR to assist local units of government through funding and technical services are
prioritized based on need and the availability of funding. At this time, the need and funding
availability for rehabilitating the Crooked Lake public boat launch is not the highest priority in the
DNR's Division of Trails & Waterways Cen~ Region. This project will be scheduled for review
for funding in 2006/07. As we have discussed, the city has offered to complete the engineering and
contract administrator for this rehab project. We will discuss more details of this project as the time
approaches for review.
If you have any questions in regard to this letter or would like more infonnation, please contact me
at the above address or email below.
Sincerely,
~W~
Suzann Willhite
Area Trails and Waterways Supervisor
suzann. willhite\aldnr.state.mn. us
U DNR Information: 651-296-6157.1-888-646-6367. TTY: 651-296-5484,1-800-657-3929
www.dnr,state_mn,us
An Equal Opportunity Employer Who Values Diversity
c) Summary of DNR Grant Programs included in this Information Packet
Program Name Eligible Applicants Application Maximum
Due Date Grant
Local Grants Promun
Outdoor Recreation Cities, Counties, Townships 3/31/05 Variable
Recognized Tribal Governments
Regional Park Public Regional Park 3/31/05 Variable
Organizations outside of the seven
county metropolitan area
Natural and Scenic Cities, Counties, Townships 3/31/05 $500,000
Area School Districts
Conservation Partners Cities, Counties, Townships 3/31/05 $20,000
School Districts and Private
Organizations
Environmental Cities, Counties, Townships 3/31/05 $20,000
0 Partnerships School Districts and Private
Organizations .
Minnesota ReLeaf Grant Program
MN ReLeaf Cities, Counties, Townships, 7n105 $15,000
Community Forestry Recognized Tribal Governments,
non-profits and School Districts
Trail Grant Pro2l"am .
Local Trail Cities, Counties, Townships 2128/05 $100,000
Connections
Federal Recreational Cities, Counties, Townships 2128/05 $100,000
Trail Recognized Tribal Governments
Private trail organizations
sponsored by a Local Unit of
Government
Regional Trail Cities, Counties, Townships 2128/05 $250,000
Cooperative Water Recreation Proe:raID
: \---;> Fishing Pier Cities, Counties, Townships 6/1104 $25,000
'-.J
Public Boat Access Cities, Counties, Townships Open Variable
;>
({)
:1
\..../
1685 CROSSTOWN BOULEVARD N_W, . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrat~
David D. Berkowitz, City Engineer 1:5
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Accept Petition/Order Feasibility ReportJOS-9/Kimberly Oaks/Storm Sewer &
Streets - Engineering
DATE: February 1, 2005
INTRODUCTION
,- '\ The City has received a petition from the developer of Kimberly Oaks requesting the improvements
V of storm sewer & streets (see attached petition), Project 05-9.
DISCUSSION
If you recall, the preliminary plat has already been approved by the City Council. The developer is
aware that they have the option of installing the street and utility improvement but has decided to
have the improvements installed by the City.
ACTION REOUIRED
The City Council is requested to approve the resolution declaring adequacy of petition and ordering
preparation of a feasibility report for Project 05-9, Kimberly Oaks.
Respectfully submitted,
~~
,/ /
.' "- Attachments: Resolution & Petition
0
cc: JeffWieden, Howard Development LLC, 6901 78th Ave. N., Brooklyn Park, MN 55445
CJ CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
STORM SEWER & STREETS. PROJECT NO. 05-9, KIMBERLY OAKS.
WHEREAS, the City Council has received a petition, dated January 24. 2005,
requesting the construction of improvements; and
WHEREAS, such petition has been validated to represent the signatures of 100%
of the affected property owners requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
that:
., 1. The petition is hereby declared to be 100% of owners of property affected, thereby
~J making the petition unanimous.
2. Escrow amount for feasibility report is $5,000.00
3. The proposed improvement is hereby referred to the City EnQineer and he is
instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember and adopted by the
City Council at a reQular meeting this 151 day of February , 2005, with
Councilmembers voting in
favor of the resolution, and Council members voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
CJ Victoria Volk - City Clerk
c?-.YtJ'f
CITY OF ANDOVER
. .
1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINt'-!ESOTA 55304. (763) 155-5100
FAX (763) 755-8923. WWW,CI.ANDOVERMN,US
-
RECEIVED.
Date 1/20/05 .~42005
CITY OF ANDOVER
Andover City Engineer
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Proposed Kimberly Oaks Subdivision
--
Dear City Engineer:
., Howard Development L.L.C. does hereby petition for improvements
f , of the construction of storm sewer and streets with
\J concrete curb and gutter with the costs of the improvement to be assessed against
the benefiting property which is descri~ed as: K(T\J~\fi OoJ~
Said petition is unanimous and the public hearing may be waived_
We request that a feasibility report be prepared as soon as possible. We have
enclosed a check for $5,000.00 for the feasibility report expenses_
~Y' 11-
~ tL'-<
owar evelopment L.L.C.
c/o Jeff Wieden
6901 78th Avenue North
Brooklyn Park, MN 55445
Phone # 763-566-9890
f '\
U
G:\DA T A \5T AFF\RHONDAA \FORMS\PETITION_DOC
CD
() CITY o F
NDOVE
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor and Council Members
CC: JUn Dicldn.,n, City Administrato'~
FROM: David D. Berkowitz, City Engineer
SUBJECT: Declare Cost/Order Assessment RoW03-35/Bunker Lake Village - Engineering
DATE: February 1,2005
INTRODUCTION
The City Council is requested to declare the costs and order the preparation of the assessment roll
for Project 03-35, Bunker Lake Village.
"
0 DISCUSSION
The Bunker Lake Village development project has been completed and the project costs are being
assessed to the developer in concurrence with the 429 assessment process. The initial estimate of
the assessment amount identified in the feasibility report for this project was $16,394.68 per unit.
The final assessment for the project is $12,677.20 per unit. After declaring the costs the
assessment roll will be prepared and presented to the City Council for approval.
BUDGET IMP ACT
The developer will be assessed for the improvements within the development.
ACTION REQUIRED
The City Council is requested to approve the resolution declaring cost and directing preparation of
assessment roll for the improvement of sanitary sewer, water main, storm sewer and streets for
Project 03-35, Bunker Lake Village.
Respectfully submitted,
~;;::?~:yL&
" ../ ./ ./
r I Attachments: ResolutlOn, Assessment Worksheet & Letter from Developer
'''-J'
cc: Mark Englund, Hanson Land Developing, LLC, 13432 Hanson Blvd. NW, Andover
/ \ CITY OF ANDOVER
I ,
'_J COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL
FOR THE IMPROVEMENT OF SANITARY SEWER. WATER MAIN, STORM SEWER &
STREETS FOR PROJECT 03-35. BUNKER LAKE VILLAGE.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, a contract has been entered into for the construction of the improvements and the
contract price for such improvement is $300.578,90 plus $5,677.00 for seal coat, and the
expenses incurred or to be incurred in the making of such improvement amount to $257.417,38 and
charges previously assessed in the amount of $43.908.20 , so that the total cost of the improvement
will be $519.765,09.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:
1. The portion of the cost of such improvement to be paid by the City is hereby declared to be
r , $0.00 the amount to be assessed against benefited property owners is declared to be
\~) $519.765,09 .
2. Such assessments shall be payable in semi-annual installments, together with principal and
accrued interest, extending over a period of ~ years. The first of the installments to be payable on
or before the 15th day of April 2005, and shall bear interest at the rate of 5Y2 percent per annum
from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount
to be specially assessed for such improvement against every assessable lot, piece or parcel of land
within the district affected, without regard to cash valuation, as provided by law, and she shall file a
copy of such proposed assessment in her office for public inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof.
MOTION seconded by Councilmember and adopted by the City Council
at a reQular meeting this ~ day of Februarv , 2005 , with Councilmembers
voting in favor of the resolution, and
Councilmembers voting against, whereupon said resolution was declared
passed.
CITY OF ANDOVER
;-- -" ATTEST:
( .
\ . Michael R. Gamache - Mayor
'-./
Victoria Volk - City Clerk
Final - Andover Special Assessments
( ,
, _. .-
Project Name: Bunker lake Village Project No, : 03-35
Feasibility Report Date: December 22, 2003 Amount: $ 405,622.80
Contract Award Date: April 20,2004 Amount: $ 328,956,06
Final Construction Sanitary Sewer $ 49,195,90
Water Main $ 70,368,00
Storm Sewer $ 80,200,20
Streets and Restoration $ 100,814,80
Amount: $ 300,578,90
Final EXDenses
Engineering: $ 49,688,82
Aerial Mapping (1% of street) $ 1,008_15
Drainage Plan (0,3% of street/storm) $ 543,05
Administration (3%) $ 9,017_37
Assessing (1 %) $ 3,005,79
Bonding (0,5%) $ 1,502.89
legal & Easement $ -
Advertising $ 343,80
City Costs (includes inspection) $ 12,187_90
Street Signs $ 1,670,00
Testing $ 1,200,50
Construction Interest $ 7,794.85
Total Expenses $ 87,963.11
Expenses Multiplier 29,2646%
. .
\. _ .i Final Project Cost Amount: $ 388,542,01
Trunk Source and Storaae
Water Main: Connection Charge 41 EA $ 2,318,00 $ 95,038,00
Area Charge 9.86 AC $ 2,124.00 $ 20,942,64
lateral Charge o LF $ - $ -
San, Sewer: Connection Charge 41 EA $ 351,00 $ 14,391,00
Area Charge 9,86 AC $ 1,302,00 $ 12,837,72
Lateral Charge o LF $ - $ -
Storm Sewer: Area Charge OAC $ - $ -
Total Trunk Source and Storaae $ 143,209.36
Other Costs
Seal Coating 5,677 SY $ 1,00 $ 5,677,00
Future 139th Lane NW Widening plus expenses ($20,303,25 x 1,292646) 1 LS $ 26,244,91 $ 26,244,91
Area Charge Previously Assessed - Sanitary Sewer (City Project 88-5) 9.7 AC $ (1,302,00) $ (12,629.40)
Area Charge Previously Assessed - Water Main (City Project 88-5) 9,7 AC $ (2,124,00) $ (20,602,80)
Connection Charge Previously Assessed - Water Main (City Project 88-5) 4EA $ (2,318.00) $ (9,272_00)
Connection Charge Previously Assessed - Sanitary Sewer (City Project 88-5) 4EA $ (351,00) $ (1,404,00)
Total Amount to be Assessed $ 519,765.09
Feasibility Assessment Rate per Unit $ 16,394,68 I Unit
Final Assessment Rate per Unit $519,765.09 = $ 12,677,20 I Unit
41
" "
'- j
City Project 03-35 1 12951-01
-
U Assessment Rate Calculations
1 Sanitary Sewer
Final Construction Cost $ 49,195.90
Less City Cost $ -
Total Cost $ 49,195.90
Plus Expenses 29.2646% $ 63,592.87
Assessable Sanitary Sewer Cost
$ 63,592.87 = $ 1,551.05 per Unit
41
2 Watermain
Final Construction Cost $ 70,368.00
Less City Cost $ -
Total Cost $ 70,368.00
Plus Expenses 29.2646% $ 90,960.89
.~ Assessable Watermain Cost
$ 90,960.89 = $ 2,218.56 per Unit
41
3 Storm Sewer
Final Construction Cost $ 80,200.20
Less City Cost $ -
Total Cost $ 80,200.20
Plus Expenses 29.2646% $ 103,670.44
Assessable Storm Sewer Cost
$ 103,670.44 = $ 2,528.55 per Unit
41
0
City Project 03-35 2 12951-01
(j 4 Streets
Final Construction Cost $ 100,814.80
Less City Cost $ -
Total Cost $ 100,814.80
Plus Expenses 29.2646% $ 130,317.81
Assessable Street Cost
$ 130,317.81 = $ 3,178.48 per Unit
41
5 Seal Coating
Future Seal Coat Cost $ 5,677.00
Assessable Seal Coating Cost
$ 5,677.00 = $ 138.46 per Unit
41
~)
6 Trunk Watermain Area
Total Area Charge $ 339.84
Assessable Watermain Area Cost
$ 339.84 = $ 8.29 per Unit
41
7 Trunk Sewer Area
Area Charge $ 208.32
Assessable Sewer Area Cost
$ 208.32 = $ 5.08 per Unit
41
(J
City Project 03-35 3 12951-01
0 8 Future Widening - 139th Lane NW
Estimated Construction Cost $ 26,244.91
Assessable Future Widening Cost
$ 26,244.91 = $640.12 per Unit
41
9 Watermain Connection
Connection Charge $ 95,038.00
Connection Charge Credit $ (9,272.00)
Total Connection Charge $ 85,766.00
Assessable Connection Charge
$ 85,766.00 = $ 2,091.85
41
0 10 Sanitary Sewer Connection
Connection Charge $ 14,391.00
Connection Charge Credit $ (1.404.00)
Total Connection Charge $ 12,987.00
Assessable Connection Charge
$ 12,987.00 = $ 316.76
41
r------.
U
City Project 03-35 4 12951-01
U Assessment Summary
1 Sanitary Sewer $ 1,551.05
2 Watermain $ 2,218.56
3 Storm Sewer $ 2,528.55
4 Streets $ 3,178.48
5 Seal Coating $ 138.46
6 *Trunk Watermain Area $ 8.29
7 *Trunk Sanitary Sewer Area $ 5.08
8 Future Widening - 139th Lane NW $ 640.12
9 *Watermain Connection $ 2,091.85
10 *Sewer Connection $ 316.76
Assessment Rate per Unit Bunker lake Village $ 12,677 .20
* Rates are adjusted per unit based upon previously paid assessments.
U
0
City Project 03-35 5 12951-01
f,~~f,'~":':'>\., , Custom Builders and Designers o3-3.s-
G'Hii!ANSON BUILDERS INC. ]
O'v' Fm'" C'*,m""hip
_.
RECEIVED
JAN I 2 2005 I
January 11,2005 l
.
Mr. Dave Berkowitz CITY OF ANDOVER
City of Andover
1685 Crosstown Blvd
Andover, MN 55304
RE: Bunker Lake Village Final Assessment
Dear Dave:
This letter serves as our notice that we agree with the final assessment for Bunker Lake
Village and that we waive our right to a public hearing.
. , .
'--- I If you have any questions, please feel free to contact me.
0
13432 Hanson Blvd. Andover, MN 55304 . Office: (763) 421-5435 . Fax: (763) 754-6397
www.hansonbuilders.com License # 0004568
(f)
U
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members ~
CC: Jim Dickinson, City Administrat~
David D. Berkowitz, City Engineer 3.~~
FROM: Todd J. Haas, Asst. City Engineer
SUBJECT: Order Plans & Specs/03-1AlPrairie Knoll Park Lighting - Engineering
DATE: February 1, 2005
INTRODUCTION
The City Council is requested to order the improvement and direct preparation of plans and
'\ specifications for Project 03-1A, Prairie Knoll Park Lighting.
.j
DISCUSSION
As the Council is aware, the proposed improvement is identified in the CIP for 2005. After
discussions at the recent joint meeting between the City Council and the Park & Recreation
Commission, it was determined to move the project forward for lighting of the two large
soccer/football fields.
BUDGET IMP ACT
The project will be funded by the Park Dedication Fund with some donations being made by the
Andover Football Association.
ACTION REQUIRED
The City Council is requested to approve the resolution ordering the improvement and directing
preparation of plans and specifications for Project 03-IA, Prairie Knoll Park Lighting.
Respectfully submitted,
~~4-
0 Attachments: Resolution/
cc: Jim Lindahl, Park & Recreation Commission Chair
,- --,
!0
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 03-1A
FOR THE PRAIRIE KNOLL PARK LIGHTING.
WHEREAS, the City Council is cognizant of the need for the lighting
improvements; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of Prairie Knoll Park Liqhtinq, Project 03-1A; and
" BE IT FURTHER RESOLVED by the City Council to hereby direct Wunderlich-
V Malec to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 151 day of February , 2005 , with
Council members voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
':J
C I T Y o F (i)
NDOVE
f - '\
"'-) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: J;m DklUmon, CHy Adnllni_n'~
FROM: Vicki V olk, City Clerk
SUBJECT: Approve Exempt Permit/Minn. Deer Hunters Association
DATE: February 1, 2005
INTRODUCTION
The Rum River Chapter of the Minnesota Deer Hunters Association has applied for an
exempt permit to conduct a raffle at the Courtyards of Andover on March 19,2005.
. '\ DISCUSSION
J
'J
As part of the permit process the city can do one of the following: 1) approve the
application with no waiting period; 2) approve the application with a 30-day waiting
period; or 3) deny the application.
ACTION REOUIRED
The City Council is requested to approve the application with no waiting period.
Respectfully submitted,
.tl.L; Jd
Vicki V olk
City Clerk
(J
(!j)
. -,
I .
<J
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayo, ""d Coundlmemb", ~
CC: Jim Dickinson, City Administrator
FROM: Erick Sutherland - Recreational Facility Manager
SUBJECT: Approve Contract- Bulk Vending
DATE: January 25, 2005
INTRODUCTION
The Recreational Facility Manager has received bids for Bulk Vending at the Andover
YMCA/Community Center. Bulk Vending would include gumballs, candy, novelty-
encapsulated toys, and stickers.
(.) DISCUSSION
The Recreational Facility Manager is recommending that the Bulk Vending contract
submitted by Grand Prix Vending be approved. The city will receive 40% commission
on all sales. Grand Prix will supply all equipment at no cost to the city.
BUDGET IMP ACT
The revenues created by Bulk Vending will help off set the operations costs of the
Community Center.
ACTION REOUIRED
The Andover City Council is requested to approve the Bulk Vending contract submitted
by Grand Prix Vending.
Respectfully submitted,
~/~J
Erick Sutherland
(J
t) Bids for Community Center Bulk Vending
\._J
Grand Prix Vending
40% Commission on all sales.
All equipment provided by Grand Prix
5 year contract
24 hour maintenance/service
Vendall Vending Company
32% Commission on all sales.
All equipment provided by Vendall
5 year contract
,-")
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(J
C I T Y o F @
.-....... NDOVE
I )
\._J
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
To: Mayo< ..d Council Memb", ~
CC: Jim Dickinson, City Administrator
David Berkowitz, City Engineer~3
From: Kameron Kytonen, Natural Resources Technician
Subject: Consider DNR Remediation Restoration Grant-Engineering
Date: February 1,2005
INTRODUCTION
The City Council is requested to consider applying for a Remediation Fund grant
available through the Minnesota Department of Natural Resources-Division of Ecological
Services.
() DISCUSSION
It is of the City's best interest in preserving the health and integrity of our city parks.
One way this can be accomplished is by removing non-native, invasive plant materials
that have begun to take over and to re-introduce native plants.
,
One such park that could use some restoration in this regard is Kelsey Round Lake Park.
City staff spoke with the DNR contact person listed in the project guidelines of the
Remediation Fund grant and determined that a project of this degree would be eligible.
BUDGET IMP ACT
Non-state matching funds are not required to be eligible for this grant. Staff in-kind time
would be spent on the proposed project.
ACTION REOUESTED
It is requested that the City Council consider applying for this grant for Kelsey Round
Lake Park.
Respectfully submitted,
~~ R",u= Toclurici..
,~ Cc: Park and Recreation Commission members
@
.' ,
, )
-~
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: May", and Cnuncilm=bern ~
CC: James Dickinson, City Administrat
FROM: Dana Peitso, Human Resources Manager
SUBJECT: Approve Appointment - Associate Planner
DATE: February 1, 2005
INTRODUCTION
During the 2005 budget process a new position of Associate Planner in the Community
Development Department was approved. The Human Resources Department has completed the
interview and selection process to fill this position
, "- DISCUSSION
, )
'-./ The interview team consisted of the Community Development Director, City Planner, Assistant
City Engineer and Human Resources Manager. There were 29 applications submitted and 6
applicants were interviewed.
The interview team unanimously recommends hiring Chris Vrchota, the current City Planning
Intern. Mr. Vrchota has a Masters Degree in Urban Planning from Mankato State University and
has been employed by the City of Andover since June 1, 2004. Mr. Vrchota has performed
various planning department work tasks, including City Code Enforcement responsibilities and
the interview team feels that his education and job training are the best fit for the organization.
BUDGET IMPACT
Mr. Vrchota has been offered $38,623 annually, which is the entry-level salary, and then would
be eligible for any general increases and annual Step Increases after successful completion of his
6-month probationary period.
ACTION REQUESTED
Please appoint Chris Vrchota as the new Associate Planner in Community Development
department.
'\ ~~:I~
\.J Dana Peitso
@
f ,
, )
-~
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 D
FROM: Jim Dickinson, City Administrato~
SUBJECT: Approve Administrative Modification to TIF District 1-4
DATE: February 1,2005
INTRODUCTION
The Council is requested to review and approve a housekeeping item for Tax Increment
Financing (TIF) District No. 1-4.
DISCUSSION
f , The attached narrative for "Proposed Development" is a recommended change by the City's
,~, ) Bond Counsel and Fiscal Advisor. The modifications are identified by underlining, also attached
is the original document. Basically the description takes into consideration the comments
received at the public hearings and applies it to the description of the proposed development plan
that will ultimately be certified to Anoka County. Again this modification is recommended by
the City's Bond Counsel, Fiscal Advisor and City Staff and will not affect any other portion of
the TIF plan.
ACTION REOUIRED
Approve the attached narrative for "Proposed Development" as an administrative modification to
TIF District 1-4.
Attachments
/ "-
l,_)
, " Proposed Development:
. )
'. I
,~
The District is being created to facilitate the demolition or upgrading of several
substandard buildings and to provide adequate sanitary sewer and water supply services.
New buildings and significant remodeling will be constructed that will serve primarily as
office and warehouse facilities for service businesses, within the City. The initial
building project is expected to be in two phases after the installation of a new sanitary
sewer and water supply system. Proposed for phase I is a 14,000 s.fbuilding, with an
estimated value of $725,000. The proposal for Phase II includes a 6000 s.f. addition to
the Phase I building, to be built at a later date. Development is likely to begin in the
Spring/Summer of2005. The balance of the properties in the proposed district are aging
and have expressed interest in a variety of building and site improvements to expand,
upgrade facades or make site improvements to their properties to bring them up to current
building and fire codes with the assistance of a sanitary sewer and water supply system.
'\
,_.J
.-~ .....
1
" -'
:
. "-
Ehlers & Associates, Inc. . EHLERS
&. ASSOCIATES IHe
Tax Increment Financing District Overview
City of Andover - Tax Increment Financing District No. 1-4
The following summary contains an overview of the basic elements of the Tax Increment Financing Plan
for Tax Increment Financing District No. 1-4. More detailed information on each of these topics can be
found in the complete TIF Plan.
Proposed action: Establishment of Tax Increment Financing District No. 1-4 and the
adoption of a Tax Increment Financing Plan.
Development District: Adoption of a Development Program Modification for Development
District No. I. The Modification includes the project activities
anticipated in Tax Increment Financing District No. 1-4.
Type ofTIF Dislrict: A redevelopment district
Parcel Numbers: 16-32-24-23-000 I 16-32-24-23-0013 16-32-24-23-0020
16-32-24-23-0002 16-32-24-23-0014 16-32-24-23-0021
16-32-24-23-0005 16-32-24-23-0015 16-32-24-23-0022
. " 16-32-24-23-0009 16-32-24-23-0016 16-32-24-23-0023
i 16-32-24-23-0010 16-32-24-23-0017 16-32-24-23-0024
'-- 16-32-24-23-0011 16-32-24-23-0018 16-32-24-24-0003
16-32-24-23-0012 16-32-24-23-0019 16-32-24-24-0004
Proposed Development: The District is being created to facilitate the demolition of several
substandard buildings. New buildings will be constructed that will
o..\. - ()"(' serve primarily as office and warehouse facilities for service
- 8~ ~ ~ businesses, within the City. The project is expecled to be in two
(),....;~ phases. Proposed for Phase I is a 14,000 s.f. building, with an
'\) f!:10 estimated value of $725,000. The proposal for Phase II includes a
6,000 s.f. addition to the Phase I building ,to be built at a later date.
Development is likely to begin in the Spring/Summer of 2005. The
balance of the properties in the proposed district are aging and have
expressed interest in a variety of building and site improvements to
expand, upgrade facades or make site improvements to their properties
to bring them up to current building and fire codes.
Maximum duration: The duration of TIF District No. 1-4 will be 25 years from the date of
receipt of the first increment (26 years of increment). The date of
receipt of the first tax increment will be approximately 2007. Thus, it
is estimated that District No. 1-4, including any modifications of the
TIF Plan for subsequent phases or other changes, would terminate after
2032, or when the TIF Plan is satisfied.
Estimated annual tax
increment: $300,263 per year
"-~
S'\NDbVE~ @
~J 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US
TO: Mayo, and Cmmdlm,mb", :.s=>
CC: Jim Dickinson, City Administrat
Will Neumeister, Community ~velopment Directord.
Courtney Bednarz, City Planne .
FROM: Chris Vrchota, Planning IntemC)r
SUBJECT: Consider Conditional Use Permit Amendment/Permitted Uses Lot 1, Block 2,
Grey Oaks - Planning
DATE: February 1, 2005
INTRODUCTION
The City Council will first need to decide whether to un-table the item and act on it at this
meeting. The City Council tabled this item until the February 15th meeting so that the applicant,
Mr. Louis Rudnicki, could further revise his proposal to address concems raised by neighboring
property owners and the City Council. Mr. Rudnicki requested that the item be brought to the
~J February 1st meeting rather than February 15th so that he has adequate time to address financing
issues with his bank. Additionally, the 60-day review period would have passed before the
February 15th meeting. A letter was sent to the surrounding property owners informing them of
the change of date and providing them with a list of the new permitted uses the applicant is now
seeking.
DISCUSSION
Under the Planned Unit Development approval for Grey Oaks, a daycare center is the only
permitted use on this site. Mr. Rudnicki is seeking to expand the permitted uses on the site. As
requested by the City Council at the January 18th meeting, Mr. Rudnicki has submitted a more
specific list of permitted uses he is proposing for the site. The following uses are now being
proposed:
. Office Uses- As defined by the Andover City Code.
. Retail Trade and Services- Limited to the following uses: art and school supplies,
bakeries, barber shops, beauty parlors, books and stationary, catering establishments,
clothes pressing, custom dressmaking, dry foods, florists, food, interior decorating,
locksmith shops, musical instruments, optometrists, photography studios, tailoring, and
similar type trade and service uses only.
. Educational Oriented Uses- Including, but not limited to, dance studios.
Mr. Rudnicki has indicated that he is willing to install a fence rather than vegetative buffering on
the south side of the property to act as screening for the site and to address headlight glare issues
(') raised by neighboring property owners. It is possible that a combination of a fence and plantings
v could be used to adequately buffer and screen the site. All screening would be reviewed during
the Commercial Site Plan review process.
At the January 18th meeting, the City Council indicated that the site plan should be revisited and
possibly revised. Mr. Rudnicki has indicated that he is reluctant to change the site plan because
0 the current configuration minimizes the encroachment over the 16" HPG 'pipeline. If the
Conditional Use Permit is approved, the Commercial Site Plan application and review process
will still need to be completed. The City Council may want to have these details brought back to
them. If so, they should instruct the applicant and staff that this is recommended.
Applicable Ordinances
Chapter 12-5-6 B of the Andover City Code provides the following criteria for the issuance of a
Conditional Use Permit:
1. In granting a Conditional Use Permit, the City Council shall consider the advice and
recommendation of the Planning and Zoning Commission and:
a. The effect of the proposed use upon the health, safety, morals and general welfare of
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
ofthe proposed use on the comprehensive plan.
2. If it shall determine by resolution that the proposed use will not be detrimental to the health,
safety, morals, or general welfare of the community, nor will cause serious traffic congestion or
hazards, nor will seriously depreciate surrounding property values, and that said use is in
harmony with the general purpose and intent of this title and the comprehensive plan, the City
Council may grant such permits.
. 'I
\J Planning Commission Recommendation
The Planning Commission recommended denial of the proposed Conditional Use Permit. (See
attached minutes.)
Attachments
Resolution of Denial
Resolution of Approval
Location Map
Proposed Site Plan
Letter Sent to Residents
Conditional Use Permit Application
Letter From Applicant
Legal Notice for Public Hearing
Planning Commission Meeting Minutes (January 11,2005)
City Council Meeting Minutes (January 18,2005)
Written Comments from Residents
ACTION REOUESTED
The City Council is asked to determine if the proposed uses and site plan are appropriate. Based
on this determination, the City Council is asked to approve one of the attached resolutions.
(J Respectfully Submitt~
Chris Vrchotr;?~
Cc: Louis Rudnicki, 2711 Dahlia St. NW, Oak Grove, MN 55011
~Z-
RESOLUTION A- DENIAL
C) CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. - -05
A RESOLUTION DENYING THE CONDITIONAL USE PERMIT REQUEST OF LOUIS
RUDNICKI FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 155th LANE
AND HUMMINGBIRD STREET, (PIN 22-32-24-11-0026) LEGALLY DESCRIBED AS:
Lot 1, Block 2, Grey Oaks, Anoka County, Minnesota
WHEREAS, Louis Rudnicki has requested a Conditional Use Permit to amend the Grey Oaks
Planned Unit Development Approval;
WHEREAS, a public hearing was held before the Planning and Zoning Commission and there
was opposition to the request;
WHEREAS, the Planning and Zoning Commission found that the request would have a
detrimental effect upon the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
Conditional Use Permit request;
0 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover agrees
with the recommendation of the Planning and Zoning Commission and denies the Conditional
Use Permit to amend the Planned Unit Development Approval for Grey Oaks amending the
permitted uses on said property for the following reasons:
1. The expanded uses would have a detrimental effect upon the health, safety, and general
welfare of the City of Andover.
2. Property owners adjacent to the site purchased property believing that the site would be
used for a day care center.
3. The site is not an appropriate location for commercial uses more intense than a day care
center.
Adopted by the City Council of the City of Andover on this _day of ,2005.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Victoria Volk, City Clerk
:]
-3-
RESOLUTION B- APPROVAL
CITY OF ANDOVER
(J COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. - -OS
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF LOUIS
RUDNICKI FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ISS'h LANE
AND HUMMINGBIRD STREET, (PIN 22-32-24-11-0026) LEGALLY DESCRIBED AS:
Lot 1, Block 2, Grey Oaks, Anoka County, Minnesota
WHEREAS, Louis Rudnicki has requested a Conditional Use Permit to amend the Grey Oaks
Planned Unit Development Approval;
WHEREAS, a public hearing was held before the Planning and Zoning Commission and there
was opposition to the request;
WHEREAS, the Planning and Zoning Commission found that the request would have a
detrimental effect upon the health, safety, and general welfare of the City of Andover, and;
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
Conditional Use Permit request;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
reviewed the recommendation of the Planning and Zoning Commission and approves the
0 Conditional Use Permit to amend the Planned Unit Development Approval for Grey Oaks
amending the permitted uses on said property, with the following conditions:
1. The permitted uses shall be restricted to the following: daycare; office uses as defined by
Andover City Code; Education Oriented Uses, including, but not limited to dance
studios; and the following retail trade and service uses: art and school supplies, bakeries,
barber shops, beauty parlors, books and stationary, catering establishments, clothes
pressing, custom dressmaking, dry foods, florists, food, interior decorating, locksmith
shops, musical instruments, optometrists, photography studios, tailoring, and similar type
trade and service uses.
2. No retail uses except those specifically listed in condition #1 shall be allowed.
3. The site shall conform in all other ways to the approved Planned Unit Development for
Grey Oaks approved by resolution number ROSS-99.
4. The Conditional Use Permit shall be contingent upon approval of a Commercial Site
Plan and conform to the basic layout of the proposed site plan.
S. Adequate screening and buffering from neighboring properties shall be provided.
6. The Conditional Use Permit shall be subject to a sunset clause as per section 12-IS-6-D
of the Andover City Code.
Adopted by the City Council of the City of Andover on this _day of ,200S.
CITY OF ANDOVER
/ '1 ATTEST: Michael R. Gamache, Mayor
'-....J
Victoria Volk, City Clerk
-f-
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CONSULTING ENGINEERS & SURVEYORS
3470 Washington Drive fffi
Suite 200 Eagan. MN 55122
Phone: (651) 256-0101
Fax: (651) 256-0113
bdmce.com
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V 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
January 24, 2005
Re: Conditional Use Permit to Amend Uses for Lot 1, Block 2, Grey Oaks
Dear Andover Resident:
At the request of the applicant, the Conditional Use Permit to amend the permitted uses for Lot
1, Block 2, Grey Oaks will be brought back to the City Council on Tuesday, February 1St, 2005.
The applicant is proposing that the following uses be permitted on the site:
. Office uses as defined by the Andover City Code.
. Retail Trade and Services- Limited to the following uses: art and school supplies, bakery,
barber shop, beauty parlor, books and stationary, catering establishment, clothes pressing,
') custom dressmaking, dry foods, florist, food, interior decorating, locksmith shop, musical
''oJ instruments, optometrist, photography studio, tailoring, and similar type trade and service
uses only.
. Educational Oriented Uses- Including, but not limited to, dance studios.
Enclosed is a copy of the proposed site plan. Written comments conceming this item will be
included with the City Council packets if received by 9:00 A.M on Friday, January 28th, 2005.
Verbal comments may be accepted by the City Council at the meeting, though you are
encouraged to submit written comments to allow the City Council time to consider all comments
and for the sake of brevity at the City Council meeting. If you have any questions, please call
Andover City Hall at 755-5100.
Respectfully,
41J?-
Chris Vrchota
Planning Intern
City of Andover
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
CONDmONAL USE PERMIT 0 s;- 0 ~
Property Address I r:r?:8- 1S5;"tll ~b" f'Jw r AN~~ M.,J
Legal Description of Property (iflegal is lengthy, please attach a separate sheet):
Lot I Block '} Addition 5- ~ () A-'tL.S,
PIN R '2-2..322 Y II 00 2.h
(If metes and bounds, attach the complete legal description)
Note: If the legal is Dot 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 X Torrens
e..B
Section of Ordinance 13 -""3 Current Zoning -.t1 - 'L.
--i-- --i----i-- --i-- --i----i----i-- --i----i-- --i-- --i----i--
I I . . . . , . I . . I
Name of Applicant LnU.lS' kl..-\~\~'
Address 1:3-1 \ b A..tu A- ~T NW I OA~ GRoVE) tJ.~ I,~/I
:J HomePbO~~'~"f'I1-s-ffl-F""{=\42S-~S3
Sl~ ___ Date .{(c~ P14-
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IJ~: GI.-....7 tJ~S' :J:;'Jc. 1,.4$ {J fJU....~"0
11:}v-c."-......<:........, w.Th f)"ulde.\o-- (0"..71 LLC n..
. , CONDmONAL USE PERMIT --ri-tc.. (hU-,,-t,4Je.- ~F 77-,..! . d. :-
, ) PAGE 2 :?u c..4. is lV" T fJr1-... _ I.:J I'f~ c..- I {1.v A.5
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c h4'VJe.- ~4~r 'A.:- Th.c.. CON'd.l,v.....1/ l{S'c...
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Property Owner (Fee Owner) 0 l- e: '7 dtlr ~ :I:JJ ('
(If different from above)
Address / .s oS S-o I.- ;'\1 II-t."" ~T .u w It AI d,u to '- /'r14 SS"So'1
7G3-'1:2;-J.r-31 Fax7t.? -S(,;)-7c2i<]
Home Phone 7~.3-Lf27-9;;J..I/Business Phone
Signature 2~---{ f' p ~~' 0--6-.c~~ Date /2/ j & 10 '-(
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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
1. Other information as required to review request
Application Fee:
Commercial $400.00 includes mailing labels
Residential . $350.00 includes mailing labels
Amended Conditional Use Permit $200.00 includes mailing labels Y
Public Notification Sign $ 30.00 v
Recording Fee:
Abstract property $30.00 v
Torrens property $45.00
Date Paid Receipt #
Revised 2/14/02 bh
5/13/02 jma . ,
10/13/03 bh
. '\ 1/02/04 bh
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....
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SPECIAL USE PERMIT
PAGE 3
Note: The following is information that all applicants should read and understand
CRITERIA FOR GRANTING A SPECIAL USE PERMIT REQUEST
In granting a Special Use Permit Request, the City Council shall consider the advice and
recommendation of the Planning and Zoning Commission and:
. The effect of the proposed use upon the health, safety, morals and general welfare
of occupants of surrounding lands.
. Existing and anticipated traffic conditions including parking facilities on adjacent
streets and lands.
. The effect on values of property and scenic views in the surrounding area
. The effect of the proposed use on the Comprehensive Plan.
SPECIAL USE PERMIT PROCESS
'\ . A Public Hearing Notice will be sent out to all property owners and residents
'-~ within 350' feet of the applicants' proposed property.
. A sign stating "Proposed Land Use Change" is placed on the applicants' property
to inform interested resident of the public hearing. (For Public Hearing
information please call the informational hotline at 767-5126).
. City staff will conduct an on site inspection which includes taking pictures of the
property for the Planning and Zoning meeting.
. A staff report is prepared on the Friday before the Planning and Zoning
Commission meeting. This report can be obtained by calling City Hall (755-
5100). It is important that the applicant attend the Planning and Zoning ,
meeting.
. Questions may be addressed to the applicant from the public or commission
members.
. The Planning and Zoning Commission will vote to forward the item to the City
Council with a recommendation of approval or denial. The Commission may also
table the item in order to obtain further information.
" "-
~_.J . The City Council will make a final decision on the item.
-10 -
2711 Dahlia Street
Oak Grove, MN 55011
~ " December 20, 2004
. )
,- City of Andover
1685 Crosslown Blvd
Andover, MN 55304
Dear Slaff, Commissioners, Council Members and Mayor,
We respeclfully request Ihe Grey Oaks PUD be amended to expand the conditional use for Lot I, Block 2 to include
office, retail trade and services, and on-sile dry cleaning. In order to address concerns about inappropriate uses near
a residential development, we are recommending the following use exclusions: retail tobacco store; used or new car
sales; service station! repair garage; adult use businesses; car wash! self service vehicle wash; recreational vehicle,
boal, marine equipment sales; pawn broker; liquor, dancing or live entertainment.
Dry Cleaning Use
We currently have a neighborhood dry cleaner with a clean environmenlal track record interested in leasing space.
There are no provisions in the Andover City Ordinances for on-sile dry cleaning operations. The City of Coon
Rapids currently has on-site dry cleaning operalions in their Community Commercial district. The City of Blaine
currently allows dry cleaning businesses in their Neighborhood Business, Community Commercial, and Regional
Commercial districls. A neighborhood on-site dry cleaner is a reasonable use on a commercial property. The new
dry cleaning equipment is much quieter, more energy efficient, and does nol have the same environmental impact as
the equipment of past operations. Current dry cleaning opera lions are required by law to dispose of any associated
chemicals with a licensed environmenlal disposal company.
Natural Gas Pipeline
We have worked exlensively wilh Northern Natural Gas to come up with a sketch plan that addresses their concerns
f '\ by providing green space directly above the 16" high pressure main and between the pipelines and the building.
'_I
Site Plan Issues
I) The number of parking spaces has been increased by approximately 24% above the required amount to
accommodate the needs of the dance studio.
2) The building pad has been relocaled, minimizing the impact of building front signs on the future residential
units, moving it farther from Ihe exisling single family homes, and increasing visibility from Hanson Blvd.
3) The entrance from 155lh lane has been moved, eliminating the curve al Ihe entrance, improving sight
distances for 155lh Lane, and providing better circulation and safety in the parking lot.
4) Vegetative screening will be increased along the rear lot line.
5) Conversations with adjoining property owners about our intentions yielded no negative feedback.
Business History
We are second generation owners of a dance studio Ihal has been operating in Anoka Counly since 1974. Our studio
has been in business this long by making informed business decisions and providing a unique niche in the dance
studio industry. We offer music and costumes based on strong Christian values. Our performance groups do not
compele, ins lead Ihey perform al communily service events such as nursing homes, state and county fairs, and
fundraiser events for Ihe Leukemia & Lymphoma Sociely. We also offer Ihe only nationally certified clogging
instructor serving the northern Twin Cities Metro area. The majority of our studenls drive past other dance studios
to get to our currenl location. Approximately 3000-3500 ft' this sile would serve as Ihe new permanenl home for
our dance studio. Many years of searching has led us to this ideal location for our business. We and our students
are excited aboul the possibilities this new location offers.
We thank you in advance for your consideration.
. ,
;,-.-1
-11--
, , CITY of ANDOVER
f
,--_J
NOTICE OF PUBLIC HEARING
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
The Planning and Zoning Commission ofthe City of Andover will hold a public hearing
at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, January 11, 2005 at
Andover City Hall, 1685 Crosstown Blvd NW, Andover, to review the following request:
Conditional Use Permit (05-03) to amend Planned Unit Development Approval of Grey
Oaks to add permitted uses to Lot 1, Block 2, Grey Oaks, Anoka County, Minnesota.
All written and verbal comrilents will be received at that time and location. A copy of the
f- "\ proposed application will be available for review prior to the meeting at City Hall. Please
'-j contact Chris Vrchota, Planning Intern with any questions at (763) 767-5146.
Publication date: January 7, 2005
, )
'--../
-/2--
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 11, 2005
Page 2
" -."
'---" PUBLIC HEARING: CONDITIONAL USE PERMIT (05-03) TO AMEND
PLANNED UNIT DEVELOPMENT APPROVAL OF GREY OAKS TO ADD
PERMITTED USES TO LOT 1, BLOCK 2.
Mr. Vrchota explained the applicant is requesting a Conditional Use Permit to amend the
Planned Unit Development (PUD) approval for Grey Oaks for Lot 1, Block 2.
Mr. Vrchota discussed the staff report with the Commission.
Chairperson Daninger stated they received a supplement letter from Jodi Schroeder, 1736
155th Avenue NW.
Commissioner Holthus wondered what the noise for an on-site dry cleaner would be, if it
would be loud or a nuisance noise. Mr. Vrchota stated that the City's noise regulations
limit how loud it can be, and ifit were too loud it would not be allowed. Mr. Vrchota
stated this will be a small neighborhood location and not a warehouse type of location.
Commissioner Greenwald stated when this was platted; they discussed the site to be a
daycare. Would the size of the building, roughly be this size. The proposed building was
shown to be the same size on the site map for clarification.
, . "'. Commissioner Greenwald wondered if someone could put a daycare or dance studio in at
, -- ~ this time. Mr. Vrchota stated without amending the PUD; only a daycare could be
located at this site.
Commissioner Greenwald wondered how many other on-site drycleaners are in Andover.
Mr. Vrchota stated there are none because this use is not a permitted use in any of the
City's zoning districts.
Commissioner Vatne asked in the map included in the attachment, there appears to be a
vacant lot to the east and he wondered if there was anything currently there. Mr. Bednarz
stated there are two more commercial sites to the east that were approved with Grey Oaks
but they are still vacant.
Commissioner Kirchoff wondered what the difference was with an on-site dry cleaner
versus other dry cleaners. Commissioner Greenwald stated other drycleaners ship the
clothing out to be cleaned. Mr. Vrchota explained how on-site drycleaners run.
Commissioner Holthus wondered if there were any environmental hazards associated
with this. Mr. Vrchota stated there are some. During the drying process, there is air run
through the machine and the air is filtered through a couple of different processes before
it is released outside.
" .~ Commissioner Casey asked if this new process met all the EP A standards. Mr. Vrchota
'_J stated they did and it is a fairly highly regulated industry that needs inspections regularly.
-/3-
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 11, 2005
Page 3
U
Commissioner Greenwald asked what the natural barriers were to the south. Mr. Bednarz
stated this is pretty minimal at this time.
Commissioner Holthus wondered why on-site dry-cleaning is not allowed in the City.
Mr. Bednarz explained what he thought the reasons were regarding this. He stated the
permitted uses from the zoning code were initially adopted in 1970 and a comprehensive
update has never been done.
Motion by Vatne, seconded by Kirchoff, to open the public hearing at 7:20 p.m. Motion
carried on a 7-ayes, O-nays, O-present, O-absent vote.
Commissioner Greenwald left the meeting at 7:20 p.m.
Mr. Jerry Schroeder, l727 155th Avenue, stated he represented a few of the homes by
him. He stated they have lived in Andover for four years and they knew there would be a
daycare there and the concems they have is with the on-site dry-cleaning business. He
stated he has researched this and one of the main things that came up is the chemicals that
are used in dry-cleaning clothes.
Commissioner Jasper wondered what Mr. Schroeder thought of the dance studio going in
0 on the site. Mr. Shardair stated he is concemed with the parking lot facing his property
and with lights shining on his property. He stated they thought this was going to be a
daycare and traffic would be gone at night and with a dance studio and drycleaner, there
will be traffic all the time.
Mr. Winslow Holasek, 1159 Andover Boulevard, asked there was zoning officially
designated on the lot or is it just a PUD. Mr. Bednarz stated the lots were designated
PUD and permitted uses assigned as a part of the Grey Oaks development.
Mr. Holasek wondered what the permitted uses on the other two sites were. Mr. Bednarz
listed the designated uses for the other two properties.
Mr. Holasek stated the County has always been concerned with traffic being added onto
Hanson Boulevard, he wondered if this was presented to them. Mr. Bednarz stated this
was presented to the County when the Grey Oaks plat was reviewed and commercial uses
were designated for these sites.
Ms. Karen Nelson, 1653 155th, stated she is concemed with the chemicals that will be
transmitted into the air and also the added traffic in the area because she has a small
child.
Mr. Louis Rudnicki, 2711 Dahlia Street NW, Oak Grove, stated he was the applicant and
() would also be representing the dry-cleaning operation. He presented some dry-cleaning
facts to the Commission including handouts from the MPCA and a case study. He stated
-/~-
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 11, 2005
Page 4
':-J this would be a "perc" type of operation. The cost of the perc system is not overly
expensive for the smaller businesses to use. He stated the new machines use significantly
less chemicals than other machines. He stated the drycleaners are heavily regulated and
inspected regularly.
Commissioner Holthus asked how loud the dry cleaning operation would be.
Mr. Rudnicki stated they are currently in a shopping center with a dry cleaner and the
noise is not a factor.
Mr. Rudnicki stated the original building proposed was for 7500 square feet for the
daycare and this building will be the same size. He stated there is a vegetative buffer
between the two properties and they will work with staff to add additional landscaping,
berming and recessed lighting.
Motion by Kirchoff, seconded by Casey, to close the public hearing at 7:40 p.m. Motion
carried on a 6-ayes, O-nays, O-present, I-absent (Greenwald) vote.
Commissioner Kirchoff asked what the monitoring consists of. Mr. Rudnicki stated he
was not sure what they did for weekly monitoring.
~~ Commissioner Jasper asked where the existing dance studio is and how many students.
Mr. Rudnicki stated it is located in Coon Rapids and has about 220 students. The hours
of operation are from 4:00p.m. to 9: 15 p.m. in the evening. He added they are an atypical
studio and do not have competitions, it is more community service oriented.
Commissioner Vatne wondered ifthe proposed PUD amendment was only for the one
lot. Mr. Vrchota stated that was correct.
Commissioner Jasper stated when he read the report, he thought that drycleaners were not
allowed in Andover for specific reasons but has heard this evening that it probably was
not discussed at all in 1970. He stated this is monitored but is also noted to emit
chemicals which could be dangerous to humans. He added that adding retail to the
permitted uses would be a blank check to open up the site to a lot of different uses as
shown in the definition. He did not think he would approve the dry cleaning operation
without further information. Chairperson Daninger concurred with those comments.
Commissioner Kirchoff did not think the applicant was asking for a blank check to do
anything they wanted on the property but before he approved this he would like to know
more about drycleaners and the chemicals involved.
Commissioner Casey stated he does not know a lot about drycleaners but he did know
that Coon Rapids in their process of cleaning up their boulevard has had to deal with
/------ contamination from the dry cleaner that used to be there and he knows it has been costly
U and time consuming. He did not think he could approve this.
-/~-
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 11, 2005
Page 5
. ~
'.-/
Commissioner Vatne asked why they were even considering this business if they are not
allowed in Andover. Mr. Bednarz stated the application proposed these uses and the
application needs to be reviewed as proposed.
Mr. Vatne thought they needed to identify specifically what type of business that will be
going in there and not just open it up to retail. He did not think a dry cleaning business
would fit into a neighborhood.
Chairperson Daninger thought they may be putting the cart before the horse. He did not
think dry cleaners were a bad thing but they need to review this, perhaps as a part of the
zoning code update, and decide where in the City they should be allowed with
consideration of potential environmental concerns.
Motion by Jasper, seconded by Casey, to recommend denial of the Conditional Use
Permit as presented based on the concerns discussed by the Commission and the fact that
the proposal is open ended and includes dozens of possible uses and because he was not
comfortable with the safety of a dry cleaner going into that location as it may be
detrimental to health safety and welfare. Motion carried on a 6-ayes, O-nays, O-present,
I-absent (Greenwald) vote.
0 Mr. Bednarz stated that this item would be before the Council at the January 18,2005
City Council meeting.
P HEARING: LOT SPLIT (04-05) TO CREATE TWO RURAL
RESIDEN OTS FROM PROPERTY LOCATED AT 3415 163RD LANE NW.
Mr. Bednarz explained t licant proposes to create a new rural lot and re a ten
acre lot for the existing home t eserve the green acres status of the pr rty. This lot
split is located adjacent to a temporar l-de-sac at 162nd Lane NW
Vice Chair Kirchoff asked ift street to go through, would that create an outlo
the triangle area on the . Mr. Bednarz stated the applicants' intention was to reta.J.
ten acres on the no iece to retain their green acres status and tax classification. The
street easeme oes not confer upon the City fee title ownership of that ground, the
underlyi ground would still be owned by the applicant. The triangle, the street
eas nt and the property to the north would still all be the same parcel although visually
0 parated by the street.
-Ih-
. '\ Regular Andover City Council Meeting
V Minutes"": January 18, 2005
Page 5
17817 Yellow Pine Street NW, and 1110 1 79th A venue along with testim
recommending denial of the license.
Motion carried unanimously.
Mrs. Ellis noted a neighbor's dog comes into their yard ev day, one of the neighbors who wrote a
letter of complaint, and she will start to hold the dog a call the sheriff to report this.
CONSIDER DRIVE THROUGH/TCF/LO 1, BLOCK l/ANDOVER MARKETPLACE 2ND
ADDITION
Community Development Director N eister explained drive throughs are conditional uses in the
General Business Zoning District. view of this permit is intended to ensure adequate stacking for
vehicles and to ensure the noise a lighting associated with this type of use will not adversely affect
surrounding properties.
Councilmember Orttel as d what the timeframe is. Mr. Neumeister thought it was for sometime in
U the year 2007 but once a Conditional Use Permit is granted, they have one year to act or it can
become expired so h ould expect them to be back a year from now, either getting an extension or
trying to get the b . ding up.
Councilmemb r Trude thought Councilmember Jacobson had some issues he presented at the EDA
meeting an she wondered if this was noted.
Motio by Jacobson, Seconded by Orttel, to approve the Conditional Use Permit subject to the
con tions of the attached resolution with a change to item two. He would like to have the following
w. rding added after evergreen trees "and/or other appropriate screening".
Mayor Gamache thought they could even have fencing to block lights from neighbors.
Motion carried unanimously. (Res. No. ROl3-05)
~ CONSIDER CONDITIONAL USE PERMIT AMENDMENT/PERMITTED USES LOT 1,
BLOCK 2, GREY OAKS
Community Development Director Neumeister stated the applicant is requesting a Conditional Use
Permit to amend the Planned Unit Development (PUD) Approval for Grey Oaks for Lot 1, Block 2.
C) Mr. Neumeister stated a letter dated January 14, 2005 from Jodi Hesimovich, 1736 155th Avenue,
explained her objection to the retail trade and services being expanded onto this property.
Councilmember Jacobson stated they were very specific on what they allowed on the PUD. To
-17-
C) Regular Andover City Council Meeting
Minutes - January 18, 2005
Page 6
change it now would this require a four/fifths vote. City Attorney Hawkins stated any change would
require a simple majority vote of the Council.
Councilmember Jacobson stated he looked in the Comprehensive Plan and it only shows the two
parcels to the east. Staff indicated there was a map drafting error and would have to be premised on
Met Council approval.
Councilmember Trude wondered if a daycare is allowed in residential zoning areas so it does not
need to be commercial. Mr. Neumeister noted discussion from the City Council minutes from June
2002 which showed a restriction on one lot only for a daycare. He stated the Met Council would
need to approve this.
Mr. Neumeister discussed with the City Council previous discussions regarding this item.
Councilmember Jacobson asked if they had the actual application for this. Mr. Neumeister stated it
could be provided.
Councilmember Trude asked if there was any discussion in previous minutes regarding the daycare.
f .\ Mr. Neumeister stated there could be but he did not have time to review everything.
U
Councilmember Jacobson asked if the original application stated there would be a drycleaner on the
property and did the applicant withdraw that part of the application. The applicant, Mr. Rudnicki,
indicated it was withdrawn and he would be willing to state this in a letter.
Councilmember Orttel wondered what commercial businesses meant and what types of businesses
he plans to put in. Mr. Rudnicki stated he wanted to put a dance studio in along with possibly some
other service type business such as a tae kwon do studio.
Mrs. Rudnicki stated the hours of the dance studio are 4:30 until 9: 15 Monday through Thursday and
a couple of classes during the summer that would be from 4:00 to 7:00 a couple days a week. She
stated they do not have the dance studio on Fridays or weekends because that is their family time
together.
Mayor Gamache asked if there have been any problems with noise and what would they do to
eliminate noise. Mrs. Rudnicki stated they have never previously had problems with noise at their
previous or current location. He stated they insulate the inside of the building well.
Mr. Jeremy Schraeder, 1727 155th A venue, is against anything being at that location except for a day
care. If a dance studio is allowed, there will be added traffic in the evening and would disturb their
, '\ peace and quiet and would not allow them to enjoy their time outdoors. He stated there are too many
'-J other businesses that could be allowed to go in that would not be acceptable to him.
Councilmember Trude wondered if they had any issues for a dance center. Mr. Schraeder stated this
PUD is for a daycare center and that is what should be there.
-/3-
'J Regular Andover City Council Meeting
Minutes - January 18, 2005
Page 7
Councilmember Jacobson did not know if a dance studio could be allowed in there because it
specifically states dancing would not be allowed. Mr. Rudnicki stated the City Planner indicated to
him that what would not be allowed was something such as a restaurant or bar that would have
dancing.
Councilmember Orttel stated it seems to him that with a dance studio they have people car pooling
and parents usually do not stay. They will drop their kids off and pick them up. He thought the issue
was the dry cleaner processing on-site. He had, in his mind, part of the building was going to be
dance/daycare and the rest would be office retail. He now has the understanding that this will all be
office retail which could mean anything. He stated once they authorize this, they have no say in what
types of businesses will go in.
Mr. Cory Schraeder, 1755 155th Avenue, stated when they moved in a few years ago, they were told
the use was going to be a daycare.
Mrs. Nicole Schraeder, 1755 155th A venue, stated they currently do not have a deck on their house
, \ but if they do put a deck on the house, they will be bothered by noise, traffic and lights from the
,_/ business.
Ms. Jodi Hesimovich, 736 155th A venue, stated when she called the City she was told there would be
a drycleaner and dance studio located there which caused her some concern. She stated that when
she built, they were told of the specific uses in the area and they were fine with them and they did not
include what is being proposed.
Mayor Gamache stated because this is set up as a daycare, the hours have not been restricted so this
could be a daycare that could take in after hours childcare.
The City Council discussed options for this site and the concerns of the residents.
Mr. Rudnicki stated they limit their class size to eighteen students and the land value is not devalued.
He would like to meet with the residents to discuss this further with them.
Motion by Orttel, Seconded by Trude, to table the item until the February 15, 2005 City Council
meeting to review the uses with City staff.
Mr. Schraeder stated he would not be willing to discuss other uses on this site. The allowed use is a
daycare and that is what should be placed there.
/' - Motion carried 3 ayes, 1 nay (Jacobson).
~-)
"ACCEJ....T PET;TI.~O"\mR:DER FEASIBILITY REPORT/OS 6/1487 119TH LANE]v w/~~ & WM
-/'f-
.
C) January 2ih, 2005
Dear City Council Members,
We are writing to you in regards to the Conditional Use Permit to amend the permitted
use for Lot 1, Block 2 of Grey Oaks. This is being brought back to the City Council for
the 2nd time on Tuesday February 1st, 2005.
We live at l727 155th Ave NW; Lot 1, Block 2 is in our backyard. We have many
concerns about this request. We do not feel it is right to put the gain of one person (the
applicant) before all the residents that live in this neighborhood. When we were looking
for a home we looked at places that were near Retail Trade and Service areas and opted
not to live there for that reason. We chose our current home because it is a quiet family
friendly neighborhood. We were told that there would eventually be a Daycare Center
built in the lot behind us and were fine with it. We don't feel it is right to promise people
one thing and then change it down the road when so many people have already invested
their time and money. We feel the value of our home will surely go down immensely.
We know we do not want to live with a Dance Studio and other Retail establishments that
will create traffic, noise and bright lights in my backyard so why would the next person.
The neighborhood now is quiet, there is relatively little traffic. Most evenings there are
many people riding bikes, walking pets or jogging. This proposed amendment would
0 change the overall feel and atmosphere of this neighborhood for the worse. Our 5 year
old son and 3 year old daughter love playing outside in our backyard, if this were to pass
we would have a parking lot less than 30 feet from where our children are playing. Our ;
I
son learned to ride his bike last summer and he rode his bike up and down the streets for I
;
hours each day, he never gets bored of it. Right now we feel comfortable with him riding
around the neighborhood, with supervision of course, but if this passes we don't see how
he will be able to ride his bike in the evening, there will be too much traffic. People
won't only come in off of Hanson Boulevard, they will most likely also come in off of
Nightingale Street as well and use our neighborhood as a short-cut to the Dance Studio.
We would be happy to see Town Homes on this site, or a Daycare as it has been planned
for some time. We think to be fair to all the residents that bought property here on the
promise of there being a Daycare Center on this site, it needs to be equal to or better for
the community than the Daycare Center. One of our ideas for the site was a
neighborhood playground/park. There are not a lot of playgrounds in this are and there
are a lot of children in this neighborhood that would benefit from it. It could be a place
where the young families in the area could bring their children and the seniors in Grey
Oaks could bring their Grandchildren, it could bring the two neighborhoods together. I
think this would fit in with the Grey Oaks development because we have noticed that I
there are recreational areas throughout such as shuffleboard, a basketball court, a putting
green, volleyball, etc. I suggest that the developer use this space for something along
those lines, in which case the playground/park would be perfect.
0
- z..o-
-
(} In closing we ask that you consider the best interests of all people involved. We feel like
'-oJ this would have a negative impact on our neighborhood and quality of life. There are
other lots and other retail spaces already available to the applicant in the Andover area.
We think this site is just plain and simple not the right fit. Instead of devaluing all our
property and drastically changing our neighborhood and quality of life the applicant
should be denied. After all he is only one person, he can easily find another space that
will be a better fit. Our entire neighborhood stands to lose at his gain and that is just
plain unacceptable. We love our home, we love our neighborhood and this is where we
chose to raise our family. If this passes we do not feel like we could stay here. If the
City Council can pass something like this which is so obviously wrong for the
community and underhanded and unjust we will lose our faith in Andover, a City which
claims to be so family friendly. Thank you for listening to our thoughts. We appreciate
your time.
Sincerely,
Cne
~Zremy Schroeder
1727.155th AvenueNW
Andover, Mn. 55304
0
I
i
I
0 I
I
-V- I
. . -,
.'-" January 27,2005
, ,
\ ..
.,
Dear City Council Members,
I am writing to you in regard to the Conditional Use Permit to amend the permitted use
for Lot 1, Block 2, Grey Oaks. The applicant has requested that this issue be brought
back to the City Council Meeting on Tuesday, February 1 sr, 2005.
I live at 1736 1 55th Avenue NW in the neighborhood directly behind the proposed site. I
have written letters citing my concems about the applicant's requests for the January 11,
2005 Planning Commission Meeting, the January 18,2005 City Council Meeting and I
attended the January 18, 2005 City Council Meeting again to cite my concerns for the
applicant's request.
The applicant has been given a chance to revise the proposal, due to it initially including
an onsite dry cleaner and a broad retail trade and services request that was not embraced
by the neighborhood surrounding this site, Planning Commission or the City Council.
The applicant stated that he would go back and limit the uses to try to better suit the
neighborhood.
I have received the document from Chris Vrchota announcing the changes this applicant
has submitted for review at the February 1,2005 City Council meeting. I would like to
(- , " stress the fact that in no way is this request by the applicant the "same" or even "better"
\..~) than the current PUD in any way for the neighborhood. This is why we would not like to
see this request approved. I would ask the City Council members to please keep this in
mind when deciding on the applicant's request. We all moved to this neighborhood and
knew the PUD that was set up for this area and based our decisions to move to this
neighborhood on that PUD.
While I understand that this lot seems to be the only lot that the applicant feels would fit
for his business plan, I do not feel that this should be a reason to approve the request for
the applicant or any future applicant, especially with a request as broad as this, that will
open up this site to a large number of uses that would definitely negatively affect the
neighborhood property values. In essence the applicant would be "gaining" income and
the neighborhood would "lose" property value with this proposal.
The applicant has pared down the list, however office uses seem to be open ended (no
restrictions), retail trade and services could include "similar type trade and services uses",
which pretty much leaves this as a "OPEN TICKET" and Educational Oriented Uses,
which could have a very negative affect on traffic in our neighborhood depending on
what type of use was placed in this building. In addition, nothing has seemed to change
with his hours of operation allowed, which still is a major concern in the neighborhood,
even with the dance studio the applicant is applying for. I understand that there was not a
restriction of hours of operation on this lot for the daycare, however the traffic even if
r\ there were longer hours (which is extremely rare when I checked with daycares in the
..J area) would still be less than any office or retail area.
- 1.7...-
. . .
0 I know that the traffic issue is one that keeps coming up in the discussions and I wanted
to again state that the senior condo and town home development area is not complete and
we do not know the full affect oftraffic in this neighborhood yet. My understanding is
that we still have a few larger condos to be completed and that alone is a reason not to
open this lot up to a large number of unrestricted uses at this time.
Julie Trude had asked at the last meeting what the neighbors would be agreeable to for
this site and one neighbor cited only a day care. I think that comment was made because
this has become an extremely emotional issue. While I think we all realize that this lot
may need to be changed in the future, I feel that something like placing a couple of town
homes would better suit this site and have a better reception from the neighbors. The
applicant has stated that the neighborhood will fight any proposal and yes the way that
the applicant proposals have been written will cause this type of reaction due to the
negative impact it will have on our neighborhood.
I appreciate you listening to my thoughts on this issue and ask again for you to consider
denying the applicant's request, as this will definitely have a negative impact on our
neighborhood.
0 s;n'~~c~~O
st~hnOV;'h
l735155th AvenueNW
Andover, MN 55304
0
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Page 1 of 1
0 Nichole Schroeder
From: kathathome@comcast.net
Sent: Wednesday, January 26, 20056:11 PM
To: nichole .schroeder@comcast.net
Subject: Grey Oaks Conditional Use Permit
To: The City of Andover
Chris Vrchota
Planning Intern
RE: Conditional Use Permit to Amend Uses for Lot 1, Block 2, Grey Oaks
I would like to voice my opposition to the proposed amendment as described above. As a resident of the
adjoining neighborhood I am concerned that the amendment could result in reduced home values,
increased traffic and an overall decline in aesthetics of our neighborhood. The area is frequented by
numerous people jogging, exercising, walking their dogs etc. Obviously if the proposed amendment
passes this would no longer be an area that can be enjoyed by the neighboring homes. It also would not
"fit in" with the overall layout of the area - it would look awkward and out of place. Once again, I
highly OPPOSE development of this area as being proposed. Thank you for your time and attention to
this matter.
0 Regards,
Kathleen Donaldson
1672 l55th Avenue NW
Andover, MN 55304
-
Inlemal Virus Dalabase is onl-Qf-dale.
Checked by A VG Anli- Virus.
Version: 7.0.289/ Virus Database: 265.0.0 - Release Dale: 11/8/2004
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1/26/2005
- V-I-
0 January 27,2005
City of Andover
1685 Crosstown Boulevard ~
Andover, MN 55304
RE: Conditional Use Pennit to Amend Uses for Lot 1, Block 2, Grey Oaks
Tuesday February 1, 2005 City Council Meeting
We are writing to voice our concem in regard to the rezoning of Lot 1, Block 2 in the Grey Oaks
Development. We live on 155th Ave (Fox Hollow) and are very concemed about the way in which the
proposed change would affect the quality of our lives in the neighborhood.
When we originally purchased our home three years ago, we were told that Lot 1, Block 1 and 2 would
be developed for commercial use. We were specifically infonned that there would be a convenience
store, office retail, and a Day Care (planned since 1998). We still think that those are good commercial
uses for the land. We are completely opposed to the change in zoning as the change would not help
to improve the quality of our lives or our property values.
Rezoning Lot 1, Block 2 to include a Dance Studio would have a tremendous traffic impact on our
neighborhood. Imagine for a second that it is a beautiful summer evening and you are just about to
head outside to enjoy the weather on your deck when all-of-a-sudden 30-40 cars start pulling in and out
of the Dance Studio parking lot because class just finished for the evening. I know that for us, that is
not what we imaged from our first home. In fact we tried to seek out a very family friendly, quiet
0 neighborhood in which one wouldn't have to worry about extra traffic and noise. Having a Day Care in
Lot 1, Block 2 would be a much quieter commercial use as a Day Care is typically busy two times a day
- moming (between 6-8am) and evening (between 3-6pm). And even during their drop off and pick up
times, the flow of traffic would be more gradual and controlled.
This change in zoning would also have an impact on the resale value of our home. When we
purchased our home, we sought out a home in a quiet neighborhood. I know that other people do the
same. Adding busy commercial business adjacent to our neighborhood would make it much more
difficult to sell our home in a timely manner and/or be able to sell for the price that we deserve.
If Lot 1, Block 2 must be rezoned for other use, we propose that the City of Andover strongly consider
purchasing the land for use as a playground. We feel that this would the perfect use for the land
because it would add to the "family friendly" feel of the neighborhood, would be aesthetically pleasing,
and would bridge the gap between Fox Hollow and Grey Oaks. Many of the residents of Fox Hollow
have small children and/or will soon be having children who would benefit greatly from a playground
and many of the residents of Grey Oaks have grandchildren who visit and would love to have
somewhere they could play. While the children are playing, they have time to make new friends and
get the physical activity that many of our children in the nation are lacking. This would also give the
parents a perfect opportunity to meet people in the neighborhood and develop friendship and trust that
is so important to our comfort and security within the neighborhood and community.
Thank you for your time and consideration regarding this manner.
~l~ OJ/!1r~/~
Joshua and Allyson Lang
0 1783 155th Ave ~
Andover, MN 55304
- 'LC; ~
-
January 27, 2005
(J To The City of Andover:
My husband and I OPPOSE the development that is being proposed for "Conditional Use
Permit to Amend Uses for Lot 1, Block 2, Grey Oaks" for a dance studio or retail/office space.
When we were looking to buy a house, we were told that the property behind us was zoned for a
daycare center. This played a role in our decision making, as we had looked at many houses that
backed up to busy streets. We thought that a daycare center would not be a hindering factor for
us as daycare centers are generally closed by the time we get home from work. If the dance
studio or retail office space goes in behind our home, we will have traffic coming and going
behind us from 4:00-10:00 pm. However, ifthere is retail space, the hours of traffic could vary
and include the weekends.
The neighborhood we have come to love is very quiet and it is a great place for kids to
play, which will not be the case if the lot is developed as retail space. This site lies in our
backyard and if the proposal goes through it will prohibit us from enjoying our backyard.
Increased traffic means increased noise and there will be many cars/trucks coming and going,
waiting in the parking lot. We've talked to friends who have kids in dance and they sometimes
have to wait down the road because there isn't enough room to wait in the parking lot. This will
mean they could be waiting down the streets disturbing the neighborhood's evening family time.
If they do get a parking spot they sit in their vehicles and wait for their kids to come out because
there is not enough room for every parent to be in the lobby.
We are also very concerned about being able to sell our home in the future if there is
retail space built behind us. We wouldn't have even bought our home ifthere was a retail/office
0 lot behind the neighborhood we were looking at. How then are we going to sell it? The
applicant said in the last council meeting that this was the only lot he could afford. Why should
the whole neighborhood suffer or settle on what is being proposed just for him? Why do we
have to push for a dance studio when there hasn't been any other commercial development going
on in the neighborhood? How can we say that a daycare won't be proposed in the near future?
We haven't waited for enough applicants to come in; this is the first proposal for the lot.
We would be open to the land being used for a park/playground, town homes or a
daycare center. There are not many parks around us and there are lots of kids in the
neighborhood who would benefit from a park nearby. A town home would allow the lot to have
much green space between the existing homes and the town home itself. There would be no
green space between the dance studio/retail space because of the many parking spaces they need
to accommodate their clients. There would not be much traffic as well with town homes. And of
course, a daycare center is what we were expecting to go in behind our home and we are fine
with that as traffic would be contained to the moming and afternoon hours and there are not cars
coming and going throughout the day-no evening or weekend traffic.
Why change a PUD when a whole neighborhood purchased their homes under the
impression there would be a daycare center behind them?
Thank you for your time considering our objections.
Regards,
Corey and Nichole Schroeder
1755 l55th AveNW
0 Andover, MN 55304
763-862-5885 ~t4~
~ tcJl~
-2..1,-
, January 27.2005
'--)
City Council Members,
Reference to Grey Oaks Lot 1 Block 2
I would like to briefly explain my opposition to the to "Change in Uses" in front of the
council at this time. Recently moving to the city I am enjoying the quiet neighborhood
that I chose to raise my family in. I fear if changes are allowed the increased traffic with
the later hours will disturb our evening hours to enjoy the neighborhood. I believe the
changes will not benefit the current residents. It will decrease property values and will
deter from the residential side ofliving. Having the back of my house facing Hanson
along with the fact I have young children I fear not being able to enjoy my property and
the safety of my children playing in the neighborhood.
It was decided when Grey Oaks was approved that this PUD was for a day care and that
was fine since it would not likely be having evening hours. With a dance studio the hours
would start when residents would be enjoying their evening in the outdoors.
The increase traffic, lights and noise would not be beneficial and extremely disruptive
being in the mist of residential living. I am in opposition to opening this up to anything
other that what is was scheduled to be, the daycare.
,-)
J[~
Dale Nelson
Karen Nelson
1653 155th Ave. N.W.
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Agenda for City Council Meeting February 1,2005 Page 1 of 1
, , Will Neumeister
,
\ J
From: Richard. Schrubbe@wilsonsleather.com
Sent: Friday, January 28, 2005 9:03 AM
To: Will Neumeister
Cc: jschroeder@hlbtr.com
Subject: Agenda for City Council Meeting February 1, 2005
Mr. Neumeister,
I am a resident of Fox Hollow and am concerned about some of the recent proposed changes by Grey Oaks, Inc
regarding their intentions for their development.
While change and progress are necessary to the economic health of the City of Andover, as well as its'
residents, it should not be without regard for existing property owners directly affected by the intrusion of
commercial/retail property will create. As the property owners in this area, the City of Andover is required to
protect our surroundings.
Many potential problems will arise from the proposed development which will directly effect our quality of life
as residents of Fox Hollow. First and foremost is the safety of our children. Due to the increased amount of
traffic we will be subject to, and also the proposal of a retail dry cleaner, etc.., it is becoming more and more
difficult to comfortably raise our children. The traffic is already becoming a safety issue on our streets and
with the lack of law enforcement to enforce our stop signs and residential speed limits, what are we to assume
to happen when a developments is created that will naturally triple or quadruple our traffic flow? Dry cleaning
, \ also presents a multitude of health concerns and should in no way "slide" through the Planning and Zoning
"--- Commission without intense scrutiny.
Documentation has been reviewed regarding the questionable integrity of the developer, Grey Oaks, Inc. The
developer entered into an agreement with the City of Andover and has time and again shown a lack of
consistency with existing developments and has deviated from the stated Andover development strategy. The
builder apparently believes he has a strong hold on the City Council. This total disregard for the City of
Andover and it's residents is a practice that must be addressed and integrity reestablished through planned
development that is adhered to and completed in the best interest of the rest of the property investors, us the
residents of Fox Hollow.
Thank you for your careful and consideration in this matter and inclusion in the minutes of the next City
Council meeting.
Regards,
Rick, Kristin and Eli Schrubbe
" "
f \
'. )
,,~
1/28/2005 -30-
- '.
\ J To: Andover City Council
,
RE: Conditional Use Permit to Amend permitted uses for LotI, Block 2 of Grey Oaks
This letter should serve as a supplement to the concerns myself and my neighbors have
submitted for the Council Meeting regarding the Conditional User Permit to amend the
permitted uses for Lot 1, Block 2 of the Grey Oaks Development. I am attaching
supporting documentation showing that all along this location was supposed to be a Day
Care Center and that the developer who proposed this was selling the "package of Grey
Oaks" to receive the Conditional User Permit to include commercial lots in a M-2
(multiple dwelling) zoning district. Not once is "Retail Trade and Services" mentioned.
I have enclosed a list of time where the Day Care Center is mentioned. Here is a
summary:
. City Council Meeting Minutes from January 13,1998
0 "A convenience store and day care facility are planned in the southeastem
portion of the development"
. Design Standard for Grey Oaks PUD, Submitted December 3,1998
0 Day Care, Office Retail and Convenience Store are all referenced in the
following sections
. Front Yard Setback to Building
. Side Yard Setback to Building
. Rear Yard Setback to Building
. Other Parking
. '\ . User Variance
'---... . Design Standard for Grey Oaks PUD, Submitted February 10, 2000
0 Day Care, Office Retail and Convenience Store are all referenced in the
following sections
. Front Yard Setback to Building
. Side Yard Setback to Building
. Rear Yard Setback to Building
. User Variance
. The fIrst page of a letter from the Developer, Gerald Windschitl to David
Carlberg the Andover Community Development Director on January 25, 2000
0 Allowable Uses in the Design Standards
. Convenience Store
. Office Retail
. Day Care
I know that this might seem like a lot of paperwork at this time but I feel that it is relevant
that our neighborhood get a chance to comment on this issue and hold the developer and
the city to their original decisions when the Grey Oaks development was approved. I
would also like to note that at the time of approval of the rezoning of this plot of land to
an M-2 District in 1997 (or 98?) or when the original Conditional User Permit (Res 055-
99) in 1999 was passed our neighborhood did not exist. Therefore I am also including a
document that residents in the nearby vicinity presented to the City Council on December
1, 1998 specifically stating their concems regarding the rezoning to an M2. Two of the
.-- "" concerns were "inclusion of commercial" and "impact of increased traffic." You will see
\
.~ -'
-"3' -
- '.
, , that these two concems are those of our neighborhood as well. I would also like to note
, /
that the initial rezoning of this district to an M2 development was denied by the Planning
and Zoning Commission at least 5 times as stated in the attached letter from the
Commissioners on December 8,1998. Also the original PUD was denied by the
Planning and Zoning Commission as well.
After reviewing most of the case for the Gray Oaks development over the last couple of
days I have developed a fear of the developer and what he might try to do with the three
commercial lots that have been set aside for specific uses (Convenience Store, Office
Retail, and Day Care) because of some of the things that were done by him in the entire
process of obtaining the approval of the Grey Oaks PUD.
The council should know that many of the members of our neighborhood are now aware
of these dealings and will be here in the future to watch for further changes to the original
"package" that was forced onto the City Council Members at that time.
\
'-- -.
,. \
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C)
Ret:ular Andol"er Planning and Zoning Commission Meeting
Afil/llli!s - Ja/J/:ary 13. 1998
Pag<!3
(Sketch Plan - .-i.lldol'er 1'!anfJed L:ilit Dewlopm~'I1l. COl/linuedJ
to consist of 3 51 residential dwelling units of mixed single family homes. town homes and apartments.
A convenience store and day care facility are planned in the southeastern portion of the development.
He reviewed the options to serve the site with sanitary sewer, notmg the City Council has agreed to
allow ,he entire development 10 install utilities in 1998 provided they are available. The privatization
of the utilities and streets is also being discussed. The Staff is recommending that an easement be
obtained o\'er the t:tilities and that the utilities remain public. The Andover Review Committee is
recommending tr,e street access to Hanson Boulevard be coordinated with the plat of Burr Oak Run
to the south and Cambridge Estates to the east. The Anoka County Highway Department has
suggested the frontage road be moved away from Hanson Boulevard for safety purposes, plus turn
lanes be provided in the City street. Mr. Carlberg reviewed the background which lead to the
rezoning of the property to 1'..-[-2. Because of discrimination issues, the zoning was not tied to senior
housing; however. the developer has stated the intent is to gear the project toward empty nesters.
The issue "fpublic financing or a partnership with a nonprofit association is still being considered,
which would mean the development could be limited to seniors. Jhe intent of the day care was that
some of the seniors would be able to work at that facilit . It is somethin.-r that is being done in these
types , . ve opments. ere IS no qensity increase in the development. It is being developed as a
CJ PUlJ because oftr.e mixed uses.
Merlyn Otto, Hakanson Anderson, engineer for the development - explained they are seeing a change
in the demographics with single parent households bringing children into the elderly setting. The
commercial center would support a service station, barber shop, beauty shop- and pharmacy. The
seniors c~luld access tho:: commercial center through the trail system. They are also proposing an
indoor RV storage facility of 12 to 14 units in the northwest area. The intent of the development is
forthe elderly, bur that designation depends solely on the financing. Ifit is privately financed, they
can't have age discrimination. If public fmancing is involved, there can be age limits. There will be
further discussion on this. There are 60 acres, 40 percent of which are wetland. The PUD has been
developed to maximize the many trees and to take advantage of the other amenities on the site. They
have created a loop system of private roads maintained to City standards. The reason for private
roads is it provides flexibility in terms of setbacks of buildings, and they could make smaller roads
with no parking allowed on the streets. There would be at least two parking spaces for each unit
either in a garage or in a parking lot. They agreed that the underground facilities would be part of
the City infrastructure. Recreational activities would be provided such as shuffle board, horseshoe
pit, tennis court, volley court, badminton, half-court basketball, and garden plots. The trail system
would surround the development. They do not have a problem extending the trail to Nightingale and
Hanson Boulevard. They will also attempt to have a trail extended to the south to Oak View Middle
School. The housing would primarily be owner-occupied, and more than likely the senior apartments
would be rental ..mits. There would be one association to maintain the iacilities.
':J Mr. Haas stated Staff is agreeing with the county's recommendation to move the frontage road
further back. It is estimated the development will generate 2,900 vehicles per day from west to east.
Another possibili,:y is to designate an MSA street through the development, as the feeling is the road
will be used as a major route between Nightingale and Hanson Boulevard. If it would be an MSA
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U . DESIGN STA.."IDARDS R-ECEIVED
GRAY OAKS PUD DECOn998
In order for the front ~d side setbacks to IJedisc~sed I need to explain how the1lIJ 0 F AN DOVE
determined. When the Gray Oaks PUD was presented it had private streets and setbacks as were
approved in the Shadowbrook plat. These were as follows:
'f
24' street width
2S' setbacks to the front of the building structtites
If this is viewed on a plat it would look like this:
. .
. 12' ,12, Center line of Street
25' 25'
.
I
Bldg... 1" . - . Bldg
. .
r ., .. . ..... _h._.. _.. __....
I I
C). t "t 25' setback from right of way on
Both sides
1!1 TS
This would give a center line of road to building distance of37' on each side. (12' Street Width +
2S' setback)
In developing the Gray Oaks PUD, the city staff expressed a wish to have the streets in Gray
. Oaks be public streets. We met with city staffand worked out a formula that would give public
streets. b~t still allow a similar building setback as was approved for Shadowbrook. It was
calculated' as follows: .
k ----.. Center line of street.
t I
8' 17' 13' 13' 17' 8'
. .
. .
Bldg . Bldg
" -
. .......:.
t f- 8' setback from right of way on both sides
U this would give a centerline of road to building d~s~ce of 38' and provide a minimum front
setback of8"from city street right of way. (13' street width+17' ofblvd + 8' setback)
. The effect of the above was to give the Gray Oaks PUD a similar setoack as was approved ror
Shadowbrook.
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GRAY OAKS POO
Page 2
If after reviewing the setbacks for Gray Oaks by the city and the above set9aclcs are not
acceptable. we wish to put the private streets back into the plat and use the 25' setback as was .
approved in Shadowbrook.
SETBACKS PROPOS~D M-2
Gray OAKS POO ZONE
FRONT YARD SETBACK TO BUILDINGS 40'
Single Family Homes 25+
. ToWn Homes . 8+
30 unit Buildings. 14.6+.(building3 & '10)
(Long side considered the front)
65 Unit Buildings . 16.2 (building2).
(Long side considered the front)
.Qay Care . 40'
.~ Office Retail . 40'
Convenience Store 40'
0
SIDE YARD SETBACK TO BUILDINGS 10'
Single Family Homes 6+
Tov.-n Homes 6+
30 Unit Building 14' (building 3 & 10)
(Short side)
65 Unit Building 16.2'
(Short side)
. Dffi Care 10+
~ o ce Retail 10+
Convenience Store 10+
REAR YARD SETBACK TO BUILDING 30' .
Single' Family Homes 25+
Town Homes 25' to house
15' to deck
30 Unit Building *
'* 65 Unit Buildmg .
Dav Care 3D'
- .
Office Retail' . 30+
Convenience Store 30+
CJ *Note:. See the plat for the rear setbacks as each building has a very extensive open space behind L
them. . I didroot know bow to calculate these.
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DESIGN STANDARDS
GRAY OAKS
Page 3
PROPOSED M-2.
GRA Y OAKS PUD ZONE
SIDE YARD SETBACK TO BUILDING
From a major arterial road 50' 50'
APARTMENT SIZE
65 UNIT BUILDING Apartment Size (sq.ft.) .
Efficiency 58Oi- 500+
I Bedroom 688 . 700
2 Bedroom 932";1.072 850
()
30 UNIT BUILDING Apartnient Size (sq.ft.)
Efficiency 58Oi- 500
1 Bedroom 70Oi- 700
. 2 Bedroom . 932+ 850
j
BUILDING UNITs (2) 65 Unit Buildings 24 .units per bldg
(6) 30 Unit Buildings
..
PARKING GrayOaIcsPUD M-Z*
(2) 65 Unit & (I) 30 Unit 1.5 per unit 2.5 per unit
Buildings proposed for the TIF.
. * Note: In other sections of the ordinance a parking factorof.75 per unit is used for senior
housing.
Each building would have one parking space wider the building.
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DESIGN ST AND.o\R.DS
GRAY OAKS PUD
,Page 4-
PROPOSED
GRAY OAKS PUD . M-2
30 Unit Buildings
Not in TIF 1.5 per unit 2.5 per unit
Each building woUld have one parking space under the building.
.Note: Additionalparking can be provided if needed. However, it would result in additional tree
arid green space removal.
U PROPOSED
GRAY OAKS PUD M-2
{.
Single Family & Twin Homes Double car garage 25 per unit
Plus 2 spots in front of garage
OTIIERP ARKING S tails Stalls
Other Ordinances
Day care 34 30
*' UfficelRet 1 90 90
. Convenience 63 30
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. DESIGN STANDARDS
GREY OAKS PUD
Page 5
. LOT VARIANCES
LOTSlZES
LOT WIDTH*
PROPOSED REQUIRED
LOT BLOCK WIDTH . WIDTH
1 2 231.9 '150
1-8 3 38 .- . 150
9-10 3 102 150
11-12 3 38. 150
13-16 . 3 60 150
.2-3 4 84 150
4-27 4 38 150
2-4 5, 102 . 150
5-8 . . 5 38 150
9 5 107 . 150
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PROPOSED REQUIRED
LOT BLOCK DEPl'H DEPTH
1 2 121 150
1-8. 3 102.6+ . 150
9-10 3 184 150
11-12 3 101 150
13-16 3 130 150 .
2-3 4 360+ 150
4-27 4 101 150
2-4 5 184 150
5-8 5 100 150
9 5 ! 184 150
. USE VARIANCE
VARIANCE PER
APPROVED PLAT M-2
Convenience Store . Granted Not Allowed
~ Office'Retail Granted . Not Allowed
Dav Care . Granted Not Allowed
TWin Homes Town Homes' Granted Not Allowed
:J Single Familv Town Homes Granted Not Allowed
* Assumes short side
** Assumes long side
3~
- DESIGN STANDARDS
GREY OAKS PUD
,
C_) In order for the front and side setbacks to be discussed I need to explain how they were determined. When the
Grey Oaks PUD was presented it had private streets and setbacks as were approved in the Shadowbrook plat.
These were as follows:
24' street width RECEIVED
25' setbacks to the front of the building structures FEB 1 0 2000
If this is viewed on a plat it would look like this:
-- .-- . - CITY OF ANDOVER
12' 112, Center line of Street
25' 25'
I
, I
I. . .
.- . BIdg
Bldg-l .
I .
. I. 25' setback from right ofway on
j -r
Both sides ." .
fJT5
\ This would give a center line of road to building diStance ~f37' on each side. (12' Street Width + 25' setback).
U In developing the Grey Oaks PUD, the city staff expressed a wish to have the streets in Grey Oaks be public
streets_ We met with city staff and worked out a formula that would give public streets, but still allow a similar
building setback as was approved for Shadowbrook. It was calculated as follows:
t!::- . -- Center lii1e of street.
. I
I .1
8' 17' 13' 13' 17' 8'
Bldg . Bldg
f '?' S' setback: from right of way on both sides
This would give a centerline of road to building distance of 38' and provide a minimum front setback of 8' from
city street right of way. (13' street width + 17' of blvd. + 8' setback)
The effect of the above was to give the Grey Oaks PUD a similar setback as was approved for Shadowbrook.
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< DESIGN STANDARDS
GREY OAKS PUD
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. If after reviewing the setbacks for Grey Oaks by the city and the above setbacks are not acceptable, we wish to
put the private streets back in to the plat and use the 25' setback as was approved in Shadowbrook.
SETBACKS PROPOSED GREY OAKS PUD M-2 ZONE
FRONT YARD SETBACK TO BUILDINGS . 40'
. Single Family Homes 25+
Town Homes. 8+
30 Unit Buildings(short side considered the front) 20+ (Lots 2 & 4, Bl 5)
65 Unit Buildings(short side considered the front) 15'+ (Lots 2 & 3,.Bl4)
n"v rare 40'
J Office Retail 40'
Convenience Store 40'
SIDE YARD SETBACK TO BUILDINGS 30'
Single Family Homes 5+
Town Homes 6+
30 Unit Building(short side) 20+(Lots 2 & 4, Bl 5)
65 Unit Building(short side) 15+ (Lots 2 & 3, Bl4)
\. ~"" ('''T'''' 10+
11' Office Retail 10+
Co . '~tore. 10+
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REAR YARD SETBACK TO BUILDING 30'
Single Family Homes 25+
Town Homes 25' to house
. 15' to deck
30 Unit Building .*
65 Unit Building *
Day Care . 40' 40' .
~ Office Retail 40' 40'
Convenience Store 40' 40'
*Note: See the plat for the rear setbacks as each building has a very extensive open space behind them. I did
not know how to calculate these.
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. DESIGN STANDARDS
,- -'. GREY OAKS PUD
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SETBACKS PROPOSED GREY OAKS PUD M-2 ZONE
SIDE YARD SETBACK TO BmLDING
. From a major arterial road 50' 50'
From a Street 20' (Lot 2, Bl5) 30'
CONDO SIZES
65 UNIT BUILDING CONDO SIZE (sq. ft,) .
Efficiency 580+ 500+
1 Bedroom 688 700
2 Bedroom 932-1,072 850
30 UNIT BUILDING CONDO SIZE (sq. ft.)
Efficiency 580+ 500
1 Bedroom 700+ 700
2 Bedroom 932+ 850
BUILDING UNITS . (2) 65 Unit Buildings 24 Units per bldg
(6) 30 Unit Buildings
PARKING Grey Oaks PUD M-2*
.' , 65 Unit Buildings 1.5 per unit or 2.5 per unit
'J City requirement up to 2.5/unit
30 Unit Buildings
1.5 per unit or city req. up to 2.5 per
unit 2.5 per unit
*Note: In other sections of the ordinance a parking factor of 1.0 per unit is used for senior housing.
Each building would have one parking space under the building.
Note: Additional parking can be provi<;led if needed. However, it would result in additional tree and green
space removal.
USE VARIANCE
. V~CEPERAPPROVEDPLAT M-2
Convenience Store Granted Not Allowed
~ Office Retail Granted Not Allowed
Dav Care Granted Not Allowed
Twin Homes Town Homes Granted Not Allowed
Single Family Town Homes Granted Not Allowed
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DESIGN STANDARDS
r'\ GREY OAKS PUD
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SETBACKS PROPOSED GREY OAKS POO M-2 ZONE
Single Family & Twin' Double car garage (twin homes) & three car garage (single.faro.)
Plus 2 spots in front of garage, part of which at least (12' +) is in the
Homes public right of way 2.5 per unit
OTHER PARKING Stalls Stalls
Day care* Will meet or exceed Ord. final review with site plan approval 30
Office!Ret 1* Will meet or exceed Ord. final review with site plan approval 90
Convenience* Will meet or exceed Ord. final review with site plan approval 30
GREEN SPACE --:-
Hanson Blvd. NW 5' 20'
155u. Lane NW 5' 20'
Hummingbird St. NW 5' 20'
156Ul Lane NW 5' 20'
Linnet Street NW 10' 20'
HEIGHT VARIANCE
30 Unit Buildings 40' 35'
65 Unit Buildings . . 40' 35'
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<.j FENCE HEIGHT 12' (tennis court) 6'
SIGN VARIANCE GRANTED WITH PRELIMINARY PLAT APPROVAL ** REQUIRED
*The final parking lots at time of site plan review will have encroachments in the green area as detailed in the
approved preliminary plat
USee notes on the Preliminary Plat
LOT VARIANCES
LOT SIZES
LOT WIDTH* LOT DEPTH**
LOT BLOCK PROPOSED REQUIRED PROPOSED REQUIRED
WIDTH WIDTH DEP:rH DEPTH
1 2 231.9 150 121 150
1-8 3 38 150 106.6+ 150
9-10 3 102 150 184 150
11-12 3 38 150 101 150
13-16 3 60 150 130 150
2-3 4 84 150 360+ 150
4-27 4 38 150 101 150
2-4 5 102 150 184 150
:j 5-8 5 38 150 100 150
'-./ 9 5 107 150 184 150
* Assumes short side
* * Assumes long side
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RECEIVED
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. January 2S, 20M. CITY OF ANDOVER HAND DELIVERED
Mr. David L. Carlberg
Community Development Director
City of Andover . .
1685 Crosstown Blvd.NW
Andover, MN 55304
Re: Grey Oaks Prcliminery Plat Revi&ioos
DearMr. Carlberg. .
On December 14, 1999, Grey Ow Inc. subl!lil.ted revisions to the approved Prcliminary PIa1 of
Grey Oaks in an attempt to solve the outstlU\ding iS$UGS required by Resolutions R055-9'J and
ROS6-99. In response to the request in your letter ofDeeember 17, 1999 which was. "More
. specificallY, clarification as to what led you to the conclusion that the new plat of Grey Oaks,
submitted in conjunction with your letter, sOlves the outstanding issues and reSolves an conditiOl)S
required by said resolutions." we submitted a letter dated Docember 28, 1999 in which WI; cietailed
the reasons for the revisions. Since we have not even been given the courtesy of a response to this
letter, we can only assume that the City of Andovet did not agree with our reasons for the reVisions
. ofDect:mber 14, 1992. In fact sOmeone at the City of Andova made 8 det.ermination that these
revisions were a new plat and scheduled a public bearing befure the: Planning end Zoning
-' -', Commission on January 11,2000.
'---~
5inoe we have had absolutely no response to 0\11' DeoeI;Dber 28, 19991enel', we are submitting
today. Revisions to the approved Preliminary plaior Grey Oaks that win tJy to satisfy the
conditions in ROS6-99 and ROSS-99 in a different way, In addition we are submitting a F'mal Plat
for approval. .
. 1. lD regard to the allow'..b1e uses. in a M-2 multiple dwelling zoning district, we are liJting' in the
Design StandllCds, 'the following as use varimces.
A Convemenco Store
7\( B. Office Retail
-C. Day Care
D. Twin Town Homes
Eo Single Paroily Homes
In doing this, we are assumiDg th&t the approval of1he Spcaial Use Permit and Prelimin:ary Pla.t of
Grey Oaks granted the above uses. Iftbis i5 not the case, please 1~ us know in writirig as to what
the City of Andover's position is related to the above I.l5Cs.
Page 1
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<J RECEIVED
December I, 1998 DEe 011998
CITY OF ANDOVER
Andover City Council Members
City of Andover
1685 Crosstown Blvd NW
Andover, MN 55304-
Gray Oaks Development Concerns of Andover Residents
Ladies and Gentlemen of the City Council,.
A group of Andover Residents represented here tonight which live in close proximity to
.'j the proposed Gray Oaks Development would like to voice a number of concerns related
to the proposed development Many of the . people here tonight met following the
'-..J Planning and ZoningCommission meeting on Tuesday, November 24th which reviewed a
preliminary plat for the development. The group formulated several key points that we
would like to formally present to the council tonight
1. Due to several circumstances, we believe the sizable group represented here is, in
'. fact, Ii subset of the Andover residents concerned. Most of the individuals here
tonight were unaware that the property had been rezoned to M2 prior to the notice
. sent out regarding the Planning and Zoning Commission review of the preliminary
plat. We accept that individuals involved believe that the required legal steps in the
rezOning effort have been taken, but feel strongly that the process did not incorporate
the concerns of the residents impacted due to the limited knowledge that the rezoning
of the property was up for' discussion. Of the more than 25 residents assembled on
short notice, only 2 can confirm that they received the notice.
2. The group is not against the development of the property, but would like the
development to conform to that of the surrounding area and in line with the original
city plan in place when many of the residents invested in the area. Many of us
weighed the development of the surrounding area heavily into our decisions to build
in this area of Andover. We placed trust in our developers, builders, and city officials
. and believed their commitment to managing the growth in the area in a manner which
protected our investments.
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. . . Gray Oaks Development Concerns of Andover Residents - Page 2
~J 3. We understand that the city council has before them a letter from Jerry WindSchitl,
the Gray Oaks developer, requesting that the projeCts either be added to the agenda for'
the DeceJ.Ilber 15th council meeting or a special meeting be held prior to end of 1998.
It is our understanding that there are time constraints related to a decision on the .
development which are driving the request. We would ask the council to refrain from
any approval of the project until the many concerns related to it are documented and
addressed. We feel strongly that the remaining time in Deceinber is insufficient to
satisfactorily address the issues related to a proj~t. of this size. and magnitude.
Approval of the project in the upcoming months would benefit only a small number
of stakeholders at the potential expense of many others.
The objective of the group represented is to have the zoning of the Gray Oaks changed.
back to the. prior' status of urbaIi residential. It is oUr inten~ to demonstrate sufficient
support through petition, participation in City Council Meetings, and Planning and
ZOning Council Meetings to warrant City Council's initiation of the rezoning request.
Sincerely,
:-.J
. Representatives of the Andover Residents concemed with the Gray Oaks Development:
Erin Meagher ~ ~
Dave Elliott ~ ~
Mike Goetz ~
. Patty Howard f?%~ .
Attachments: Preliminary Concems with Gray Oaks Development
Copy of Initiated Petition
U
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.., Andover Residents Concerns with Gray Oaks Development .
U
Incompatibility with Surrounding Community
. . Consistency with existing developments.
. Protection of Investment
. Deviation from stated Andover development strategy
Inherent Problems' with M2 Zoning
. Deviation from Requirements
. Inclusion of co
. ufficient Parking
. Ability of Infrastructure to support is unquantified
. Impact of increased traffic on school and surrounding neighborhoods
. . Increased demands=oo. school
. Emergency Support
. Known increase in problems with increased density
. Public Transportation
. Inability to control use/residence of units
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:-J December 8, 1998
Andover Planning and Zoning Commission
City of Andover
1685 Crosstown Boulevard
Andover, Minnesota 55304
PLANNED UNIT DEVELOPMENT - "GREY OAKS"
Commissioners,
A group of Andover residents represented here tonight with properties adjacent to and in
the general ".icinity of the proposed "Grey Oaks" development proposed by Chesterton
Partnership have several issues related to this development that we need answers to
before we can determine if this proposed development is going to have a positive or
negative impact on our neighborhood.
We are asking that no approval for the Special Use Permit or the Preliminary Plat be
given until we are allowed to present our questions to the developer, city staff, and the
planning and zoning commission, and allowed to present our responses to the answers we
receive or do not receive.
'0 -
Our Questions relate mostly to the special use permit, and are being asked so that we can
get some understanding of what quality of development is being proposed. It is not clear
to us from the documents we have read and the drawings we have seen that the
development is complying with all of the requirements of Ordinance 112 - Planned Unit
Developments.
Specifically the development we have seen seems to be only using the PUD as a means to
vary from the original zoning ofM-2 and other applicable planning and zoning
regulations. We would expect the dev~opment would be using the PUD ordinance in the
way it was intended, "A more desirable and creative environment than might be possible
through the strict application of the zoning and subdivision regulations of the City."
Our questions are as follows:
Rezoninl!:
We understand that the property waS re-zoned by the city council in December of 1997
from an R-I to an M-2 designation. We have the following questions related to that
rezonmg:
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,:.J 1. The planning and zoning commission reviewed and recommended denial of the
rezoning of this property from R-I to M-2 on at least five (5) occasions. Did the
commission ever recommend approval for rezoning to the City Council? At which
meeting was this recommendation passed?
2. When did the City Council approve the rezonin~? Was the resolution presented at
a separate meeting from the actual approval?
Soecial Use Permit and Preliminarv Plat
As we understand the city ordinance(s) a Planned Unit Development (PUD) is permitted
to provide flexibility of site design and architecture for the conservation of land and open
space through clustering of buildings and activities. This flexibility can be achieved by
waiving or varying from the provisions of the zoning ordinance(s) that have been
assigned to-the property; in this case the property is zoned M-2. The zoning ordinances
regulate lot size(s), setbacks, building heights, and similar regulations-and at the same
time work to preserve the health, safety, order, convenience, prosperity, and general
welfare of the city and its inhabitants.
We further understand that PUD's are supplementary to the zoning ordinances for the
property's original district designation. However, the flexibility allowed to these
ordinances is to encourage innovation, higher standards of site and building design, more
'~) convenience in location of development, preservation and enhancement of desirable site
characteristics, creative and efficient use of land, developmental patterns in harmony with
the comprehensive plan, and more desirable and creative environments than possible
through strict application of the original zoning ordinance(s).
We have the following questions to the proposed PUD as to how does it comply with the
intent of the zoning ordinances requirements and standards, and how does this
development meet the intent of the PUD ordinance for allowing flexibility and encourage
the citizens of Andover, the planning and zoning connnission, and the city council to
support it's approval. These are our questions:
. . .
Innovation - A development for the irowing demands for all styles of economic
expansion might be met by greater variety in type, design, and siting of structures and by
conservation and more efficient use of land.
1. How does the proposed plan provide diverse housing for varying economic
groups as per recommendations of the City Council and the Metropolitan
Council?
Higher Standards - Of site and building design through the use of trained and experienced
land planners, architects, and landscape architects.
1. Has Chesterton Partnership developed a PUD before? If so, is it of similar size
~ and mix of uses, and where are they located?
W
(~ January 28, 2005
To: Andover City Council
From: Richard & Roberta Raaen
1713 1551h N.W.
Andover
We would like to express our concern over the proposed
commercial development on the comer of 155th Lane and
Hummingbird. Our backyard borders this proposed development
and our home and our neighborhood would be directly affected by
this development, as it has been explained to us by the developer
and the city planning commission. We were one of the first
families to have a home built in the Fox Hollow development.
0 When we were considering a sight for our home we were told by
the Fox Hollow developers, our realtor and by the city that the
I property behind our sight was zoned to be a day care center. In
checking city documents again recently it is clear that this was
exactly what the city council zoned this property for. Our feeling
as prospective home owners was that a day care center would be an
acceptable business to have in our back yard and in our
neighborhood. Day care hours coincide with the workday and
therefore would not produce a large amount of traffic during
evenings and weekends. With the proposed commercial project
which includes a possible dance studio with 250 students and
possible Karate studio with likely close to the same number, the
traffic behind our home would amount to a steady stream of traffic
from 3:00 or 4:00 in the afternoon to 9:00 or 9:30 in the evening.
This large amount of traffic, along with the design of the building
and parking lot, would have a direct effect on our family and home
because cars would be shinning there headlights into our home all
,.-, evening as well as creating traffic noise. The developer has told us
'0 he does not even plan to put up a privacy fence but rather plant
Iff
/~-"' shrubs and other vegetation. It seems obvious that a commercial
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sight this close to our home would have a dramatic impact on the
quality of our lives as well as diminish the value of our home
considerably.
Aside from the impact on our own family I believe this type
of development would also have a negative impact on our
neighborhood as a whole. The city was wise to provide bike paths
all around our neighborhood, but what is their value if there is such
a large amount of traffic moving in and out of the area. It does not
seem to be consistent with the Grey Oaks development to change
zoning to commercial sights that will produce large amounts of
traffic. Weare also concerned about the proposed on sight dry
cleaning business that could possibly be part of this development.
There is large amount of literature available regarding the negative
environmental impact of chemicals used in the dry cleaning
process.
.,r,
U We are hopeful that the city council does not so easily change
its previous decisions concerning zoning and neighborhood
development. We truly enjoy living in Andover and have
appreciated the way the city has been run in the years we have
lived here. It is clear that the city council has given consideration
to the Grey Oaks and surrounding developments. For our families
future in this community and our neighbors we hope that you will
reject this proposed development and not change this sight from
what it is presently zoned for.
q,h41lk 1)ou,
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
,
TO: Mayor and Councilmembers I
,
Em o;clcinson, Chy AdnRrostratO>' ~ I
CC:
FROM: Dan Winkel, Fire Chief
SUBJECT: Present Grant Award from U.S. Department of Homeland Security
DATE: February 1, 2005
INTRODUCTION
The Fire Department had applied for a grant to the U.S. Department of Homeland Security
(F.E.M.A.) in April of 2004. The Fire Department was officially notified on Friday, January 21
that the grant submitted was approved.
DISCUSSION
./"" The fire department was one of over 20,000 fire departments that had submitted grant
\~ applications in early 2004. The weekly review of qualified grants continues with many new
awards every week. To date there has been 5,946 grants awarded totaling $480,131,370.00 The
State of Minnesota has had 188 successful awards totaling $14,240,215.00. The total Federal
budgeted amount for the Assistance to Firefighters Grant program in 2004 was $600 million. The
City of Andover fire Department applied for a grant that would allow us to purchase new
structural firefighting and wildfire firefighting turn out gear for all 50 of our firefighters. The total
amount of the grant awarded to Andover in $120,200.00. Note that this a matching grant where
the city is required to contribute 10% of the total grant amount.
BUDGET IMP ACT
The City staffhas identified where the 10% or $12,020.00 will be funded and are prepared to pay
as the invoices are generated for purchasing of this equipment.
RECOMMENDATION
The Fire Department staff will be available at the February 1, 2005 City Council meeting to
present this item and answer questions that the Council may have.
Resp",,"lly "'bmitted#
D~ !I1J~
0 Dan Winkel, Fire Chief /
Enclosure: U.S. Department of Homeland Security Grant Acknowledgement
I
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Panel Review Page 2 on
U.S. Department of Homeland Security
Office for Domestic Preparedness
Washington, D.C. 20531
Ms. Roberta Floyd
Andover Fire Department
13875 Crosstown Blvd
Andover, Minnesota 55304-3750
Re: Grant No.EMW-2004-FG-20708
Dear Ms. Floyd:
Congratulations, on behalf of the Department of Homeland Security and the Office for Domestic Preparedness. Your grant
application submiUed under the FY 04 Assistance to Firefighters Grant has been approved. The approved project costs amount
to $120,200.00. The Federal share is 90 percent or $108,180.00 of the approved amount and your share of the costs is 10
percent or $12,020.00.
As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles
as they outline the terms and conditions of your Grant award. Maintain a copy of these documents for your official file. You
establish acceptance of the Grant and Grant Agreement Articles when you request and receive any of the Federal Grant
funds awarded to you.
."
,--J first step in requesting your grant funds is to confirm your correct Direct Deposit Information. Please go on-line to the AFG
eGrants system at hUps://portal.fema.gov and if you have not done so, complete and submit your SF 1199A, Direct Deposit
Sign-up Form. Please forward the original, completed SF 1199A, Direct Deposit Sign-up Form, signed by your organization and
the banking institution to the address below:
Department of Homeland Security
Emergency Preparedness and Response Directorate (FEMA)
Grants Management Branch
500 C Street, SW, Room 334
Washington, DC 20472
AUn: Assistance to Firefighters Grant Program
After your SF 1199A is reviewed and you receive an email indicating the form is approved, you will be able to request payments
online. If you have any questions or concerns regarding the process to request your grant funds, please call 1-877 -510-6762.
Sincerely,
L!.. ~ rtU--~
C. Suzanne Mencer
Executive Director
Office of State and Local Government
Coordination and Planning
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Agreement Articles
U.S. Department of Homeland Security
Washington, D.C. 20531
AGREEMENT ARTICLES
ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Firefighter Safety program
GRANTEE: Andover Fire Department
PROGRAM: Operations and Firefighter Safety
AGREEMENT NUMBER: EMW-2004-FG-20708
AMENDMENT NUMBER:
TABLE OF CONTENTS
Article I Project Description
" Article II Grantee Concurrence
, -; Article III Period of Performance
Article IV Amount Awarded
Article V Requests for Advances or Reimbursements
Article VI Budget Changes
Article VII Financial Reporting
Article VIII Performance Reports
Article IX DHS Officials
Article X Other Terms and Conditions
Article XI General Provisions
Article XII Audit Requirements
Article I - Project Description
The grantee shall perform the work described in the approved grant application's Program Narrative. That narrative is made a
part of these grant agreement articles by reference. The purpose of the Assistance to Firefighters Program is to protect the
health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, DHS
has determined that the grantee's project, as detailed in submitted project narrative and budget information, submitted as part of
the grantee's application (and considered part of this agreement by reference), was consistent with the program's purpose and
worthy of award. As such, any material deviation from the approved program narrative must have prior written approval.
,Ar+icle II - Grantee Concurrence
J,--.J
By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the
terms and conditions of the grant as set forth in this document and the documents identified below. All documents submitted as
part of the application are made a part of this agreement by reference.
Article III . Period of Performance
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The period of performance shall be from 14-JAN-05 to 13-JAN-06.
T,be grant funds are available to the grantee for obligation only during the period of performance of the grant award. The grantee
( ')t authorized to incur new obligations after the expiration date unless the grantee has requested, and DHS has approved, a
) ,_N expiration date. The grantee has 90 days after period of performance to incur costs associated with closeout or to pay for
obligations incurred during period of performance. Award expenditures are for the purposes detailed in the approved grant
application only. The grantee cannot transfer funds or assets purchased with grant funds to other agencies or departments
without prior written approval from DHS.
Article IV. Amount Awarded
The amount of the award is detailed on the Obligating Document for Award attached to these articles. Following are the
budgeted estimates for object classes for this grant (including Federal share plus grantee match):
Personnel $0.00
Fringe Benefits $0.00
Travel $0.00
Equipment $120,200.00
Supplies $0.00
Contractual $0.00
Construction $0.00
Other $0.00
Indirect Charges $0.00
Total $120,200.00
f "cle V. Requests for Advances or Reimbursements
I .
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Grant payments under the Assistance to Firefighters Grant Program are made on an advance or reimbursable basis for
immediate cash needs. When the grantee needs grant funds and has obtained a user account, the grantee fills out the on-line
Request for Advance or Reimbursement. If the grantee has not obtained a user account, an account may be obtained by calling
the help desk at 1-866-274-0960.
Article VI . Budget Changes
Generally, changes in the budget-line items are permitted, as long as the original program narrative is accomplished. The only
exception to this provision is for grants where the Federal share is in excess of $100,000.00. In grants where the Federal share
exceeds $100,000.00, the budgeted line items can be changed, but if the cumulative changes exceed ten (10) percent of the
total budget, Changes must be pre-approved.
Article VII - Financial Reporting
The Request for Advance or Reimbursement mentioned above, will also be used for interim financial reporting purposes. At the
end of the performance period, or upon completion of the grantee's program narrative, the grantee must complete, on-line, a final
financial report that is required to close out the grant. The Financial Status Report, is due within 90 days after the end of the
performance period.
Article VIII - Performance Reports
The grantee must submit a semi-annual and a final performance report to DHS. The final performance report should provide a
short narrative on what the grantee accomplished with the grant funds and any benefits derived there from. The semi-annual
renort is due six months after the award date.
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Article IX . DHS Officials
Program Officer: Tom Harrington, Deputy Chief of the Grants Program Office, is the Program Officer for this grant program. The
Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities
described in the approved grant application.
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Grants Assistance Officer: Christine Torres, is the Assistance Officer for this grant program. The Assistance Officer is the
Federal official responsible for negotiating, administering, and executing all grant business matters.
Cnts Management Branch POC: Christine Torres is the point of contact for this grant award and shall be contacted for all
~ncial and administrative grant business matters. If you have any questions regarding your grant please call 202-646-4298.
Article X - Other Terms and Conditions
Pre-award costs directly applicable to the awarded grant are allowable if approved in writing by the DHS Program Office.
Article XI . General Provisions
The following are hereby incorporated into this agreement by reference:
44 CFR, Emergency Management and Assistance
Part 7 Nondiscrimination in Federally-Assisted Programs
Part 13 Uniform administrative requirements for grants and cooperative agreements
to state and local govemments
Part 17 Govemment-wide Debarment and Suspension (Non-procurement) and
Government-wide Requirements for Drug-free Workplace (Grants)
Part 18 New Restrictions on Lobbying
31 CFR 205.6 Funding Techniques
OMS Circular A-21 Cost Principles for Educational Institutions
()
<:'..,B Circular A-87 Cost Principles for State/local Governrnents, Indian tribes
OMS Circular A-122 Cost Principles for Non-Profit Organizations
OMS Circular A- Uniform Administrative Requirements for Grants and Agreements With State and Local Governments
102 Assistance to Firefighters Grant Application and Assurances contained therein.
OMS Circular A- Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education,
110 Hospitals, and Other NonProfit Organizations Assistance to Firefighters Grant Application and Assurances
contained therein.
Article XII. Audit Requirements
All grantees must follow the audit requirements of OMS Circular A-133, Audits of States, Local Governments, and Non-Profit
Organizations. The main requirement of this OMS Circular is that grantees that expend $500,000.00 or more in Federal funds
(from all Federal sources) must have a single audit performed in accordance with the circular.
As a condition of receiving funding under this grant program, you must agree to maintain grant files and supporting
documentation for three years upon the official closeout of your grant. You rnust also agree to make your grant files, books, and
records available for an audit by DHS, the General Accounting Office (GAO), or their duly authorized representatives to assess
the accomplishments of the grant program or to ensure compliance with any requirement of the grant program.
Additional Requirements if applicable
'~grant award was reduced by $3,500. The approved amount for coats and pants is $1,200 not $1,250 indicated in the initial
application. The reduction has already been made in the grant award and in the application as approved by the grantee (Robbie
Floyd) via email on January 11,2004. The total project cost was reduced per the program office comments from $123,700 to
$120,200. The federal share was reduced from $111,330 to $108,180. The applicant share was reduced from $12,370 to
$12,020.
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FEDERAL EMERGENCY MANAGEMENT AGENCY
OBLIGATING DOCUMENT FOR AWARD/AMENDMENT
1a. AGREEMENT NO. 2. AMENDMENT NO. 3. RECIPIENT NO. 4. TYPE OF 5. CONTROL NO.
,~~V-2004-FG-20708 0 41-0983248 ACTION W397589N
U AWARD
6. RECIPIENT NAME AND 7. ISSUING OFFICE AND ADDRESS 8. PAYMENT OFFICE AND ADDRESS
ADDRESS ODP/Financial and Grants Managemenl Division ODP/Financial Services Branch
Andover Fire Department 500 C Streel. S.W., Room 350 500 C Streel. S.W., Room 723
13875 Crosslown Blvd Washinglon DC, 20472 Washinglon DC, 20472
Andover POC: Christine Torres 202-646-4298
Minnesola, 55304-3750
9. NAME OF RECIPIENT PHONE NO. 10. NAME OF PROJECT COORDINATOR PHONE NO.
PROJECT OFFICER 763-755-9825 Tom Harringlon (202) 307-2790
Roberta Floyd
11. EFFECTIVE DATE OF THIS 12. METHOD OF 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD
ACTION PAYMENT Cosl Sharing From:14-JAN-05 To:13-JAN-06
14-JAN-05 SF-270
Budgel Period
From:01-0CT-04 To:30-SEP-05
15. DESCRIPTION OF ACTION
a. (Indicale funding dala for awards or financial changes)
PROGRAM NAME CFDA NO. ACCOUNTING DATA PRIOR TOTAL AMOUNT AWARDED CURRENT TOTAL CUMMULATIVE
ACRONYM (AACS CODE) AWARD THIS ACTION AWARD NON-
XXXX-XXX-XXXXXX-XXXXX- +OR(-) FEDERAL
XXXX-XXXX-X COMMITMENT
AFG 97.044 2005-62-0364RE-63000000-4101- $0.00 $108,180.00 $108,180.00 $12,020.00
R
TOTALS $0.00 $108,180.00 $108,180.00 $12,020.00
b. To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See
P' ~~ 7 for address)
}""o,1tance 10 Firefighlers Granl - Fire Prevention and Safety Program recipients are not required 10 sign and relum copies of Ihis document. However, recipients
should prinl and keep a copy of Ihis documenl for their records.
16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to lerms and conditions attached 10 this award notice or by in corpora led reference in program legislation ciled above.
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE
N/A N/A
18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE
Chrisline Torres 13-JAN-05
I Go Back I
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayo< ~d Cooodlm=h= ~
CC: Jim Dickinson, City Administrator / Finance Director
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Schedule a Public Hearing on the Issuance of Capital Improvement Bonds
DATE: February 1,2005
INTRODUCTION
The City Council is requested to schedule a Public Hearing on the issuance of Capital Improvement
Bonds to finance capital improvements related to the Public Works Facility and City Hall.
DISCUSSION
CJ Pursuant to Minnesota Statutes, Section 410.326, the City of Andover is authorized to issue bonds to
finance certain capital improvements once a five-year capital improvement plan is adopted. A
requirement of the statute is that a public hearing (notice is with attached resolution) be held related to
the capital improvements and that the issuance is subject to a referendum on the question. The
referendum on the question of issuing the bonds must be held if a petition requesting a vote on the
issuance is signed by votes equal to five percent of the votes cast in the City in the last general election
and is filed with the City clerk within 30 days after the public hearing.
BUDGET IMPACT
The issuance of General Obligation Bonds to remodel the Public Works Facility and City Hall would be
the most economical financing method. .
ACTION REOUIRED
Approve the attached resolution calling for a public hearing on the issuance of capital improvement
bonds.
Respectfully submitted,
'Ju 7j~
Lee Brezinka
v' /
Attachments - Resolution & Public Hearing Notice
0
'0 EXTRACT OF MUNUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
ANDOVER, MINNESOTA
HELD: February 1,2005
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Andover, Minnesota, was duly held at the City Hall in said City on Tuesday, the 1st day of
February, 2005, at 7:00 P.M., for the purpose in part of calling for a public hearing on the
issuance of Capital Improvement Bonds.
The following members were present:
And the following members were absent:
Member introduced the following resolution and moved its adoption:
RESOLUTION CALLING FOR A PUBLIC HEARING ON
THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS
WHEREAS,
f "-
U A. Pursuant to Minnesota Statutes, Section 410.326, the City of Andover, Minnesota
(the "City") is authorized to issue bonds to finance capital improvements described
therein; and
B. Prior to the issuance of bonds for a capital improvement project, the City Council
must hold a public hearing, as required by Minnesota Statues, Section 410.326,
Subdivision 2;
NOW THEREFORE, BE IT RESOLVED by the City Council ofthe City of
Andover, Minnesota, as follows:
(1) Hearing. A public hearing on the issuance of Capital Improvement Bonds to
finance capital improvements related to the Public Works Facility and City
Hall will be held at the time and place set forth in the Notice of Hearing
attached hereto as Exhibit A and hereby made a part hereof.
(2) Notice. The City Clerk is hereby authorized and directed to cause notice of
said hearing in substantially the form attached hereto as Exhibit A to be
given one publication in a newspaper of general circulation in the City at
least 14 days but not more then 28 days before the hearing. The newspaper
must be the City's official newspaper or one of general circulation in the
City, and the notice must be published at least once.
~J
0 The motion for the adoption of the foregoing resolution was duly seconded by member
and, upon a vote being taken thereon after full discussion thereof, the
following voted in favor thereof:
And the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
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:J STATE OF MINNESOTA )
)SS
COUNTY OF ANOKA )
I, the undersigned, being duly qualified and acting Clerk of the City of Andover,
Minnesota (the "City"), by reason of my office as Clerk, DO HEREBY CERTIFY that I have
compared and attached and foregoing extract of minutes with the original thereof on file in my
office, and that the same is a full, true and complete transcript of the minutes of a meeting of the
City Council of the City, duly called and held on the date therein indicated, insofar as such
minutes relate to the calling of a public hearing on the proposed issuance of Capital Improvement
Bonds to finance capital improvements therewith.
WITNESS my hand this 1st day of Februal)' 2005.
'\
0 City Clerk
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,_J EXHIBIT A
NOTICE OF PUBLIC HEARING
NOTICE OF INTENTION TO ISSUE
CAPITAL IMPROVEMENT BONDS
Notice is hereby given that a public hearing has been scheduled for Tuesday
March 1st, 2005 at 7:00 p.m. in the City Hall, Andover, Minnesota. The purpose of the
public hearing is the (the "City") consideration of the issuance of Capital Improvement
Bonds in the amount not to exceed $400,000 as part of the City's Capital Improvement
Plan. The bonds are to pay for the costs of public works and city hall improvements. The
plan identifies estimated capital expenditures and funding sources for a five-year period.
If approved by the City, the plan will enable the issuance of general obligation bonds by
the City. A referendum on the question of issuing the bonds must be held if a petition
requesting a vote on the issuance is signed by votes equal to five percent of the votes cast
in the City in the last general election and is filed with the City Clerk within 30 days after
the public hearing. A copy of the plan is available for inspection in the City Clerk's
Office, City Hall, 1685 Crosstown Blvd. NW, Andover, Minnesota 55304. Questions or
comments may be directed to the Finance Director's Office at 763-755-5100.
" ,
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Vicki V olk
City Clerk
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~-) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator I Finance Director
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Authorize Finance Department's 2005 CIP Purchase
DATE: February 1,2005
INTRODUCTION
At the regularly scheduled December 21,2004 Andover City Council meeting, the Council approved he 2005-2009
City of Andover Capital Improvement Plan (CIP). The Finance Department is seeking authorization to proceed
forward with the FinanciallPayroll System Replacement.
DISCUSSION
The project is identified as project # 05-41530-01 in the 2005-2009 CIP and would replace the existing software
and AlS400 server. The current software package is limited in its functionality and recent enhancements by ACS
/- " seem to be years behind the current industry standard. Also, the AlS400 is due for an upgrade and can only be
) done by contracted technicians at significant service and hardware costs.
'.J
Demands for more detailed financial data are continual and most likely will not cease in the future. If the City is to
provide effective and efficient financial services to departments, the public, reporting agencies and government
agencies, the City needs to invest in tools to provide those services.
The Finance Department is working with our current vendor, ACS, and their new business partner, Springbrook
Software, and are looking at a windows-based software package. The planning process is going a lot faster than
expected and data conversion can take place early this spring.
BUDGET IMPACT
The funding for the project ($140,000) is coming from the Capital Projects Levy and the Water & Sewer Enterprise
Funds in years 2005 and 2006 ($70,000 per year). The proposed project is to be initiated in 2005 and completed in
2006. Some variation on the $70,000 per year, but not to exceed $140,000 in total, will be necessary based on the
speed of implementation and can be facilitated by cash flow in the Capital Equipment Reserve Fund.
ACTION REOUIRED
The Andover City Council is requested to authorize the Finance Department's 2005 CIP Expenditure and allow the
Finance Departmenl the flexibility to accelerate the implementation process for an early completion in 2006.
Respectfully submitted,
~~
(J Lee Brezinka
./
Attachment: CIP Project #05-41530-01
Capital Plan 2005 thru 2009
"
\...J City of Andover, MN
Project # 05-41530-01
Project Name FinanciallPayroll System Replacement
Type Equipment Priority 2 - Medium
Useful Life 10 years Contact Finance Director
Category Equipment Department Finance
Description I
Replacement nfthe current ACS FinanciaVPayroll software and the IBM AlS400 server. The financial and payroll systems are the primary tools utilized by the
Finance Department to provide financial and payroll services to the City.
Justification I
The current Financial/Payroll snftware is limited in its functionality and recent enhancements by ACS seem to be year.; behind the current industry standard.
Also, the IBM AlS400 machine will be due for upgrade in 2005 to meet the needs of the City nf Andover. The upgrades are very costly and often times need to
be done by contracted technicians.
Annual software maintenance is currently $8,900. and it is anticipated that annual renewals will increase be between 8 to 12 percent each year.
Demands for more detailed financial data are continual and most likely will not cease in the future. If the City is to provide effective and efficient financial
services to departments. the public. reporting agencies and government agencies the City needs to invest in tools to provide those services.
Expenditures 2005 2006 2007 2008 2009 Total
, PlanninglDesign 10,000 10,000
\ Technology Improvements 60,000 70,000 130,000
, -../
Total 70,000 70,000 140,000
Funding Sources 2005 2006 2007 2008 2009 Total
Capital Projects Levy 60,000 60,000 120,000
Sanitary Sewer Fund 5,000 5,000 10,000
Water Fund 5,000 5,000 10,000
Total 70,000 70,000 140,000
Operational Impact/Other I
Conversion to a new system will require significant staff time, but operations will see increased efficiencies and functionality once converted and into the future.
()
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule EDA meeting
DATE: February 1,2005
INTRODUCTION
The Council is requested to schedule an Economic Development Authority (EDA) meeting on
February 15 at 6:00 pm.
DISCUSSION
"\ Tentative agenda items for a February 15th EDA meeting have been identified as follows:
\J 1. Andover Station North marketing
2. Bruggeman land sale update
3. Discuss Andover Station North Improvement progress
4. Other Business
Other items may be added upon request.
ACTION REOUIRED
Schedule an EDA meeting for Tuesday, February 15,2005 at 6:00 pm.
r -, )
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule Council Workshop - Miscellaneous Business Items
DATE: February 1,2005
INTRODUCTION
The Council is requested to schedule a Special Council Workshop for the month of February. A
number of business items will be addressed at this meeting.
DISCUSSION
." " Tentative agenda items for a February workshop have been identified as follows:
I
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1. Community Center Advisory Board Interviews
2. Other Business
Other items may be added upon request.
ACTION REOUIRED
Schedule a City Council Workshop for Tuesday, February 22, 2005 at 6:00 pm.
,.'-'
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c?oJ
CITY OF
C) NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Administrator's Report
DATE: February 1,2005
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. Community Center Construction Update
2. Administration/Finance Updates
3. Improvement Project Updates
;~ '. 4. Development Activity Updates
\
~.I 5. Miscellaneous Projects
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.
" ')
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C I T Y o F
0 NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Supplemental Agenda Items for February 1, 2005 City Council Meeting
DATE: February 1, 2005
The City Council is requested to review the supplemental material for the following Agenda Items:
Accept Additional Items Under Consent Items
Item #12a. - Approve Appointment-Streets Maintenance - Human Resources
0 Item #12b. - Approve Appointment-Parks Maintenance - Human Resources
Accept Additional Items Under Discussion Items
Item #17a. - Authorize Contract/Community Center Security System - Administration
U
C I T Y o F ([~~
C) NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayo, and Councilm"",b"" ~
James Dickinson, City Administra . .
CC:
FROM: Dana Peitso, Human Resources Manager
SUBJECT: Approve Appointment - Streets Maintenance
DATE: February 1, 2005
INTRODUCTION
During the 2005-budget process a new position for Streets Maintenance in the Public Works
Department was approved. The Human Resources Department has completed the interview and
selection process to fill this position
() DISCUSSION
The Human Resources Department advertised and received 34 applications for the Streets
Maintenance position. The interview team consisted of the Public Works Superintendent, Public
Utilities Manager, Streets Supervisor and Human Resources Manager.
The interview team unanimously recommends hiring Matthew Krattenmaker for the Streets
Maintenance position. Mr. Krattenmaker currently works for Anoka County as a Mechanic and
is very familiar with all aspects required of the Street Maintenance position, including
snowplowing, patching/paving and general streets maintenance. In addition Mr. Krattenkamer
has a 2 year Automotive Service Degree from Dunwoody Institute. The interview team feels .
that his education and job training are the best fit for the organization.
BUDGET IMPACT
The proposed starting date for this position is Tuesday, February 22,2005. Based on Mr.
Krattenmaker's previous experience, Mr. Krattenmaker has been offered $34,953.72 annually,
which is the Step Level 1 rate, and then would be eligible for any general increases and annual
Step Increases after successful completion of his 6-month probationary period.
ACTION REQUESTED
The Andover City Council is requested to appoint Matthew Krattenmaker for the Streets
Maintenance position.
U Respectfully submitted,
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CJ.ANDOVER.MN.US
TO: Mayo< and Cnuncilmembcra ~
CC: James Dickinson, City Administrator ...
FROM: Dana Peitso, Human Resources Manager
SUBJECT: Approve Appointment - Parks Maintenance
DATE: February 1, 2005
INTRODUCTION
During the 2005-budget process a new position for Parks Maintenance in the Public Works
Department was approved. The Human Resources Department has completed the interview and
selection process to fill this position
(j DISCUSSION
The Human Resources Department advertised and received 22 applications for the Parks
Maintenance position. The interview team consisted of the Public Works Superintendent, Public
Utilities Manager, Parks Supervisor and Human Resources Manager.
The interview team unanimously recommends hiring Gregory Ulbrich for the Parks Maintenance
position. Mr. Ulbrich has worked for the cities of New Brighton and Crystal Parks departments
and is very familiar with all aspects required of the Parks Maintenance position, including
snowplowing, tree and lawn maintenance, rink maintenance, irrigation and general parks
maintenance. In addition Mr. Ulbrich has a 4-year degree in Recreation and Sociology. The
interview team feels that his education and job training are the best fit for the organization.
BUDGET IMPACT
The proposed starting date for this position is Monday, February 7,2005. Mr. Ulbrich has been
offered $32,768.58 annually, which is the probationary rate, and then would be eligible for any
general increases and annual Step Increases after successful completion of his 6-month
probationary period.
ACTION REOUESTED
The Andover City Council is requested to appoint Gregory Ulbrich for the Parks Maintenance
position.
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Dana Peitso
C I T Y o F (!!j
NDOVE
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Authorize Contract/Community Center Security System
DATE: February l, 2005
INTRODUCTION
As the Community Center construction proceeds, issues such as building security and access control
need to be addressed. A proposal to facilitate an ultimate solution has been received.
DISCUSSION
0 Through the project development and the budget phases of the Community Center project a security
and access control plan was always intended to be part of the facility and portions of the ultimate
project have been included in other bids (electrical, hardware, etc.) awarded in May of 2004. The
project team has selected Pro-Tec Design, Inc. as the preferred contractor for design and security
equipment for the project. I have attached the proposal, minus the schematic, for security reason.
The Council may recall the Pro- Tec Was the selected contractor used for the Water Treatment Plant
BUDGET IMPACT
The proposal is for $49,967 and will be funded by the Community Center Construction Fund.
ACTION REQUIRED
The Andover City Council is requested to approve the proposal from Pro- Tec Design, Inc.
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Security I Access Control and CCTV Systems Proposal
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Developed Especially for the
Andover YMCA Community Center Project
The data contained in all pages of this proposal has been submitted in confidence and contains trade
secrets and financial information. Such data shall be used only for evaluation purposes and shall not be
disclosed to parties outside of the proposees' immediate employment unless authorized in writing by Pro-
Tec Design, Inc. If a contract is awarded to Pro- Tec Design as a result of or in connection with the
,. '\ submission of this proposal, the proposee shall have the right to use or disclose the data herein to the
V extent provided in the agreement. This restriction does not limit Pro-Tec Design's right to use or
disclose data obtained without restriction from any source, including the proposee. If a contract is not
awarded, Pro- Tec Design has the option to collect fees for engineering services including but not limited
to testing, designing and development of this proposal.
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PROJECT NAME: Andover YMCA / Community Center
RMA Commission #: 136.001.00
Hallberg Eng. Project Number: 03-2670
PTD File No.: 106A2004
DATE: 05-NOV-03 / 27-JAN-04/ 28-JAN-05
TO: James Dickinson, City of Andover
FROM: Paul Dykema, Pro- Tec Design, Inc.
1. Equipment
Pro- Tec Design, Inc. shall provide and install the following equipment except where noted.
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..J l.l Access Control
The Access Control system shall be manufactured by DSX and shall have optional LAN connection to
the Water Treatment Plant. Pro- Tec Design, Inc. shall provide the PC/monitor and install the
software. Programming ofthe cardholders and their schedules shall be by the owners. One, two-door
controller (Model DSXI042-PKG) with battery back up shall be installed. The controller shall have
the ability to expand in increments of two doors, for a total capacity of eight doors per controller.
Two interior doors Al23 (Ticket door) and Cl 10 (Administration Office) shall have full card reader
applications provided and installed by Pro- Tec Design, Inc.
. Card Reader shall be HID Prox Point 6005
. Request to Exit shall be DS-150i
. Door Position Switch shall be Sentrol1078
. Cable shall be PTD Complete
. One hundred Clam-Shell cards shall be included
Electrified door hardware will be provided by others.
Pro- Tee Design, Inc.
5005 Cheshire Lane. Suite 3
0 Minneapolis. MN 55446
(763) 553-1477 FAX (763) 553-0204
E Mail: pdvkema@pro-tecdesiQn.com
Web Site: http://www.pro-
tee design. com
File: PD106C2005.ANDOVER-YMCA COMM.012805.DOC
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1.2 Security
The security system shaIl include a multi-area controIler, Radionics model 7412, with an attack
resistant enclosure and batteries.
Two keypads shaIl be provide and instaIled by Pro- Tec Design, Inc.
. One keypad is for the YMCA area. It shall be located inside the East Vestibule, past the inner
doors, in the Interior Street BIOI. It shall ARM/DISARM doors B100A & B100B.
. Another keypad is for the Andover Community area. It shall be located inside the West
Vestibule, past the inner doors, in the Interior street AlOl the NW corner of the Interior
Street, AlOl. It shall ARM/DISARM doors A100A & AlOOB.
A data backbone shall be installed as indicated on sheet SSl.l with final connection to the control panel
via a zone expander: Radionics model D8l25. Door contacts are connected to "Popits', which communicate
on the data backbone. The door contacts shall be Sentrol Model 1078 and the popits shall be Radionics
model 9l27U. The following (non-card reader) doors shall have contacts on them:
. B100 (East Vestibule) - 4 contacts total on two sets of double doors.
. A100 (West Vestibule) -4 contacts total on two sets of double doors.
(j . A109A and A109B - 2 contacts total on two singles doors.
One year of basic monitoring is included. Basic monitoring does not include monitoring of any fire or
sprinkler devices.
Pro- Tec Design, Inc.
5005 Cheshire Lane, Suite 3
0 Minneapolis. MN 55446
(763) 553-1477 FAX (763) 553-0204
E Mail: pdvkema@pro-tecdesiQn.com
Web Site: http://www.pro-
tecdesign.com
File: PD106C2005.ANDOVER-YMCA COMM.012805.DOC
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1.3 CCTV (Camera System)
Kalatel shall manufacture the 16-camera digital recorder. Software shall be provided for remote view
oflive and recorded video on the LAN, where permitted by password. The software shall be installed
on up to two PCs that are located on the premises. The software will be left on-sight for the owner to
load on additional PCs.
The YMCA and the City will each have one high resolution, 14", color monitor, Kalatel model MVC-
14HS. Both monitors will view all cameras. The location of the YMCA monitor is in area B103 -
Reception, and the city's shall be in area A 122 - Ticket.
There is one exterior, fixed position, camera located in the YMCA children's playground.
The environmental housing is by Kalatel model KTA-LHE-4, and is a 7-inch pendant mount
smoked dome with heater and blower. The fixed camera shall be a Day/Night type with high
resolution. In color mode it shall have 480 TV Lines and a 0.1 lux level. In monochrome mode
it shall have 570 TV Lines and a 0.01 lux level. The camera shall be Kalatel model KTC-
8000DN. The lens shall have a variable focal length from 5 mm to 50 mm.It shall have DC
auto iris. The lens shall be Kalatel model KTL-5-50Y A. The local, outdoor power supply shall
be Kalatel model KTP-24, which requires local 110 Y AC provided by the electrical.
0 There are eight interior cameras located as follows:
. In the YMCA Area:
0 B111- Kids Gym - overhead view
0 B105 - Corridor viewing the entry turn styles
. In the Community Center Area:
0 BIOI - Interior Street East - viewing West
0 A101 - Interior Street West (Coaches Corridor) - viewing East
0 A101 - Interior Street / Concessions - overhead view
0 A106 - Vending - viewing machines
0 D105 - Interior Street / Rink - viewing North
0 D105 - Interior Street / Building Service Corridor - viewing South
There are two housing types for interior the fixed position cameras. The first housing type shall
be a 7 -inch pendant mount smoked dome, Kalatel model KT A-C4-0C. The second housing type shall
be a 6 inch flush mount smoked dome, Kalatel model KT A-LF-4. All color cameras are fixed with
high resolution at 4BO TV Lines and are Kalatel, model KTC-B40. The two lens types are a 3-Bmm
with auto iris and 5-50 with auto iris, Kalatel models KTL-3-BVA and KTL-5-50VA respectively.
The indoor power supply shall be 24VAC with eight (B)-isolated outputs, Kalatel, model KTA-24-B.
Pro- Tec Design, Inc.
5005 Cheshire Lane. Suite 3
~ Minneapolis, MN 55446
':_) (763) 553-1477 FAX (763) 553-0204
E Mail: pdvkema@pro-tecdesion.com
Web Site: http://www.pro-
tecdesign.com
File: PD106C2005.ANDOVER-YMCA COMM.012805.DOC
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2. Training
Twelve hours of troining for all three systems is included and shall be conducted during standard
installation hours in one or two sessions. Four hours of training is intended for each system, Access
Control, CClV and Security.
3. Project Management & Engineering
3.1 A project manager is assigned for maximum efficiency.
3,2 Within thirty days of substantial completion, one set of As-Built drawings and O&M manuals
shall be provided to each entity, the YMCA and the city, for a total of two.
4. Scope
The scope statement below for this project is for work to be performed along with each party's responsibilities. Any
items arising during the project that weren't specifically addressed before commencement of the work will be
address as soon as they become evident and handled in a manner acceptable to both parties.
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4.1 Pro-Tee Design's Responsibility
4.1.1 Provide and Install Equipment as detailed in Section One.
4.1.1.1 All work shall be performed during standard installation hours (7:00 AM to 3:30 PM)
4.1.2 Training shall be completed as detailed in Section Two.
4.1.3 Documentation as detailed in Section Three.
4.2 By Others:
3.2.1 ELECTRICAL:
4.2.1 AC outlets and/or 110 V AC where indicated on the drawings by Pro- Tec Design, Inc.
4.2.2 Raceway between spaces including firewalls
4.2.2.1 All conduit
4.2.3 OWNER:
4.2.3.1 Programming: cardholders, schedules, codes, camera names,
4.2.3.2 LAN connection at the digital recorder for the camera.
4.2.4 DOOR HARDWARE SUPPLIER:
4.2.4.1 Provide and install electric locking door hardware and associated power supplies.
Pro- Tee Design, Inc.
5005 Cheshire Lane . Suite 3
Minneapolis. MN 55446
( -) (763) 553-1477 FAX (763) 553-0204
\.-.J E Mail: pdvkema@pro-tecdesian.com
Web Site: http://www.pro-
tecdesign.com
File: PD106C2005.ANDOVER-YMCA COMM.012805.DOC
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5. System Investment
Pro- Tec Design shall perform the works in this proposal as detailed. Terms are 25% down, net 30;'progress billing
applies. The owner shall be billed for materials ordered for this specific project. The materials will be stored under
controlled conditions at our warehouse for review. until ready for deployment to the field. Labor will be billed on an
as-used basis or in accordance with agreed upon milestones. Overdue payments are subject to 1.5')'0 monthly service
charge.
5.! INVESTMENT: $49,967.00
(Forty nine thousand, nine hundred and sixty seven dollars)
WARRANTY: Warranty shall be for year from beneficial use and covers parts and labor on Pro- Tec
Design provided and installed equipment. It does not include loaner equipment. All warranty work shall be
performed during standard installation hours - 7:00 AM to 3:30 PM, Monday through Friday.
Respectfully Submitted,
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, , 6. Proposal Acceptance
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The specifications. conditions, and prices, presented in this proposal are accepted as indicated by the signatures below. Pro- Tec
Design is authorized to perform the project as specified within this proposal, with payment made as outlined in the System
Investment section of this document.
ACCEPTED BY: (Please type or print, except where otherwise indicated.)
CUENT: City of Andover and YMCA
Purchase Order
Number:
Authorized
Signature:
Printed
Name, Title:
Date:
Pro- Tee Design, Inc.
5005 Cheshire Lane. Suite 3
Minneapolis, MN 55446
/ , (763) 553-14n FAX (763) 553-0204
<J
E Mail: pdvkema@pro-tecdesiQn.com
Web Site: http://www.pro-
tecdesign.com
File: PD106C2005.ANDOVER-YMCA COMM.012B05.DOC
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Pro- Tec Design, Inc.
5005 Cheshire Lane . Suite 3
Minneapolis. MN 55446
/- -" (763) 553-1477 FAX (763) 553-0204
' I
"--' E Mail: pdvkema@pro-tecdesiQn.com
Web Site: http://www.pro-
tecdesign.com
File: PD106C2005.ANDOVER-YMCA COMM.012B05.DOC